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2008 Revised Code of Washington Volume 5: Titles 46 through 52
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VOLUME 5
Titles 46 through 52
2008
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2008 regular session, which
adjourned sine die March 13, 2008.
(2008 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2008 Edition
©
2008 State of Washington
CERTIFICATE
The 2008 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2008 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a
subsequent publication.
(2008 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2008 Ed.)
Title 46
Chapters
46.01
46.04
46.08
46.09
46.10
46.12
46.16
46.17
46.20
46.21
46.23
46.25
46.29
46.30
46.32
46.37
46.38
46.39
46.44
46.48
46.52
46.55
46.61
46.63
46.64
46.65
46.66
46.68
46.70
46.71
46.72
46.72A
46.73
46.74
46.76
46.79
46.80
46.81
46.81A
46.82
46.83
46.85
46.87
46.88
46.90
46.93
46.96
46.98
Title 46
MOTOR VEHICLES
Department of licensing.
Definitions.
General provisions.
Off-road and nonhighway vehicles.
Snowmobiles.
Certificates of ownership and registration.
Vehicle licenses.
Vehicle weight fees.
Drivers’ licenses—Identicards.
Driver license compact.
Nonresident violator compact.
Uniform Commercial Driver’s License Act.
Financial responsibility.
Mandatory liability insurance.
Vehicle inspection.
Vehicle lighting and other equipment.
Vehicle equipment safety compact.
Interstate compact for school bus safety.
Size, weight, load.
Transportation of hazardous materials.
Accidents—Reports—Abandoned vehicles.
Towing and impoundment.
Rules of the road.
Disposition of traffic infractions.
Enforcement.
Washington Habitual Traffic Offenders Act.
Washington auto theft prevention authority.
Disposition of revenue.
Dealers and manufacturers.
Automotive repair.
Transportation of passengers in for hire vehicles.
Limousines.
Private carrier drivers.
Ride sharing.
Motor vehicle transporters.
Hulk haulers and scrap processors.
Vehicle wreckers.
Traffic safety education courses.
Motorcycle skills education program.
Driver training schools.
Traffic schools.
Reciprocal or proportional registration of
vehicles.
Proportional registration.
Out-of-state commercial vehicles—Intrastate
permits.
Washington Model Traffic Ordinance.
Motorsports vehicles—Dealer and manufacturer franchises.
Manufacturers’ and dealers’ franchise agreements.
Construction.
Aircraft and airman regulations: Chapter 14.16 RCW.
Aircraft dealers: Chapter 14.20 RCW.
Ambulances and drivers: RCW 70.54.060, 70.54.065.
Auto transportation companies: Title 81 RCW.
(2008 Ed.)
Bicycles, regulation by cities: Chapter 35.75 RCW.
Buses, unlawful conduct on: RCW 9.91.025.
Consumer protection: Chapter 19.86 RCW.
Crimes
controlled substances, seizure and forfeiture of vehicles: RCW 69.50.505.
driving while intoxicated while engaged in occupational duties: RCW
9.91.020.
firearms in vehicle: RCW 9.41.050, 9.41.060.
taking motor vehicle without permission in the first or second degree:
RCW 9A.56.070, 9A.56.075.
vehicle prowling: RCW 9A.52.095, 9A.52.100.
Emission control program: Chapter 70.120 RCW.
Explosives, regulation: Chapter 70.74 RCW.
Fireworks, regulation, transportation: Chapter 70.77 RCW.
Highway funds, use, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Juveniles, court to forward record to director of licensing: RCW 13.50.200.
Leases: Chapter 62A.2A RCW.
"Lemon Law": Chapter 19.118 RCW.
Limited access highways, violations: RCW 47.52.120.
Littering: Chapter 70.93 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Motor boat regulation: Chapter 79A.60 RCW.
Motor vehicle
fuel tax: Chapter 82.36 RCW.
use tax: Chapter 82.12 RCW.
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
State patrol: Chapter 43.43 RCW.
Toll bridges: Chapters 47.56, 47.60 RCW.
Traffic control at work sites: RCW 47.36.200.
Traffic safety commission: Chapter 43.59 RCW.
Warranties, express: Chapter 19.118 RCW.
Chapter 46.01
Chapter 46.01 RCW
DEPARTMENT OF LICENSING
Sections
46.01.011
46.01.020
46.01.030
46.01.040
46.01.070
46.01.100
46.01.110
46.01.115
46.01.130
46.01.135
46.01.140
46.01.150
46.01.160
46.01.170
Purpose.
Department created.
Administration and improvement of certain motor vehicle
laws.
Powers, duties, and functions relating to motor vehicle laws
vested in department.
Functions performed by state patrol as agent for director of
licenses transferred to department.
Organization of department.
Rule-making authority.
Rules to implement 1998 c 165.
Powers of department and director—Personnel—Appointment
of county auditors as agents.
Establishment of investigation unit—Use of criminal history
information.
Special deputies and subagents of director—Disposition of
application fees.
Branch offices.
Forms for applications, licenses, and certificates.
Seal.
[Title 46 RCW—page 1]
46.01.011
46.01.180
46.01.190
46.01.230
46.01.235
46.01.250
46.01.260
46.01.270
46.01.290
46.01.310
46.01.320
46.01.325
46.01.330
46.01.340
46.01.350
46.01.360
Title 46 RCW: Motor Vehicles
Oaths and acknowledgments.
Designation of state patrol as agent for surrender of drivers’
licenses.
Payment by check or money order—Regulations—Surrender
of canceled license—Handling fee for dishonored checks—
Internet payment option.
Payment by credit or debit card.
Certified copies of records—Fee.
Destruction of records by director.
Destruction of records by county auditor.
Director to make annual reports to governor.
Immunity of licensing agents.
Title and registration advisory committee.
Agent and subagent fees—Analysis and evaluation.
Facilities siting coordination.
Database of fuel dealer and distributor license information.
Fuel tax advisory group.
Fees—Study and adjustment.
Extension or modification of licensing, certification, or registration period
authorized—Rules and regulations, manner and content: RCW
43.24.140.
Gambling commission, administrator and staff for: RCW 9.46.080.
Health, department of, functions transferred to: RCW 43.70.901.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
46.01.011 Purpose. The legislature finds that the
department of licensing administers laws relating to the
licensing and regulation of professions, businesses, gambling, and other activities in addition to administering laws
relating to the licensing and regulation of vehicles and vehicle operators, dealers, and manufacturers. The laws administered by the department have the common denominator of
licensing and regulation and are directed toward protecting
and enhancing the well-being of the residents of the state.
[1994 c 92 § 500; 1979 c 158 § 113; 1977 ex.s. c 334 § 1.]
46.01.011
Effective date—1977 ex.s. c 334: "This 1977 amendatory act shall take
effect on July 1, 1977." [1977 ex.s. c 334 § 8.]
46.01.020 Department created. A department of the
government of this state to be known as the "department of
licensing" is hereby created. [1979 c 158 § 114; 1977 ex.s. c
334 § 2; 1965 c 156 § 2.]
46.01.020
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
46.01.030 Administration and improvement of certain motor vehicle laws. The department shall be responsible for administering and recommending the improvement of
the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters,
motor vehicle wreckers, for hire vehicles, and drivers’
schools;
(10) general highway safety promotion in cooperation
with the Washington state patrol and traffic safety commission;
(11) such other activities as the legislature may provide.
[1990 c 250 § 14; 1965 c 156 § 3.]
46.01.030
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 2]
46.01.040 Powers, duties, and functions relating to
motor vehicle laws vested in department. The department
of licensing is vested with all powers, functions, and duties
with respect to and including the following:
(1) The motor vehicle fuel excise tax as provided in
chapter 82.36 RCW;
(2) The special fuel tax as provided in chapter 82.38
RCW;
(3) The motor vehicle excise tax as provided in chapter
82.44 RCW;
(4) The *house trailer excise tax as provided in chapter
82.50 RCW;
(5) All general powers and duties relating to motor vehicles as provided in chapter 46.08 RCW;
(6) Certificates of ownership and registration as provided in chapters 46.12 and 46.16 RCW;
(7) The registration and licensing of motor vehicles as
provided in chapters 46.12 and 46.16 RCW;
(8) Dealers’ licenses as provided in chapter 46.70 RCW;
(9) The licensing of motor vehicle transporters as provided in chapter 46.76 RCW;
(10) The licensing of **motor vehicle wreckers as provided in chapter 46.80 RCW;
(11) The administration of the laws relating to reciprocal
or proportional registration of motor vehicles as provided in
chapter 46.85 RCW;
(12) The licensing of passenger vehicles for hire as provided in chapter 46.72 RCW;
(13) Operators’ licenses as provided in chapter 46.20
RCW;
(14) Commercial driver training schools as provided in
chapter 46.82 RCW;
(15) Financial responsibility as provided in chapter
46.29 RCW;
(16) Accident reporting as provided in chapter 46.52
RCW;
(17) Disposition of revenues as provided in chapter
46.68 RCW; and
(18) The administration of all other laws relating to
motor vehicles vested in the director of licenses on June 30,
1965. [1983 c 3 § 117; 1979 c 158 § 115; 1965 c 156 § 4.]
46.01.040
Reviser’s note: *(1) Redesignated the "travel trailers and campers
excise tax" by 1967 ex.s. c 149 § 59.
**(2) "Motor vehicle wrecker" redesignated "vehicle wrecker" by 1995
c 256.
46.01.070 Functions performed by state patrol as
agent for director of licenses transferred to department.
Functions named in RCW 46.01.030 which have been performed by the state patrol as agent of the director of licenses
before June 30, 1965 shall be performed by the department of
licensing after June 30, 1965. [1979 c 158 § 118; 1965 c 156
§ 7.]
46.01.070
46.01.100 Organization of department. Directors
shall organize the department in such manner as they may
deem necessary to segregate and conduct the work of the
department. [1990 c 250 § 16; 1965 c 156 § 10.]
46.01.100
Severability—1990 c 250: See note following RCW 46.16.301.
(2008 Ed.)
Department of Licensing
46.01.110 Rule-making authority. The director of
licensing is hereby authorized to adopt and enforce such reasonable rules as may be consistent with and necessary to
carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers’
licenses not in conflict with the provisions of Title 46 RCW:
PROVIDED, That the director of licensing may not adopt
rules after July 23, 1995, that are based solely on a section of
law stating a statute’s intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt
any rule. [1995 c 403 § 108; 1979 c 158 § 120; 1965 c 156 §
11; 1961 c 12 § 46.08.140. Prior: 1937 c 188 § 79; RRS §
6312-79. Formerly RCW 46.08.140.]
46.01.110
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
46.01.115 Rules to implement 1998 c 165. The department of licensing may adopt rules as necessary to implement
chapter 165, Laws of 1998. [1998 c 165 § 14.]
46.01.115
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.01.130 Powers of department and director—Personnel—Appointment of county auditors as agents. The
department of licensing shall have the general supervision
and control of the issuing of vehicle licenses and vehicle
license number plates and shall have the full power to do all
things necessary and proper to carry out the provisions of the
law relating to the licensing of vehicles; the director shall
have the power to appoint and employ deputies, assistants
and representatives, and such clerks as may be required from
time to time, and to provide for their operation in different
parts of the state, and the director shall have the power to
appoint the county auditors of the several counties as his
agents for the licensing of vehicles. [1979 c 158 § 121; 1973
c 103 § 2; 1971 ex.s. c 231 § 8; 1965 c 156 § 13; 1961 c 12 §
46.08.090. Prior: 1937 c 188 § 26; RRS § 6312-26; prior:
1921 c 96 § 3, part; 1917 c 155 § 2, part; 1915 c 142 § 3, part.
Formerly RCW 46.08.090.]
46.01.130
Severability—1973 c 103: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 103 § 9.]
Effective date—1971 ex.s. c 231: "(1) Sections 1 through 7 of this
1971 amendatory act shall take effect on January 1, 1972.
(2) Sections 8 through 23 of this 1971 amendatory act shall take effect
on January 1, 1973." [1971 ex.s. c 231 § 24.]
46.01.135 Establishment of investigation unit—Use
of criminal history information. (1) There is established an
investigation unit within the department for the purpose of
detection, investigation, and prosecution of any act prohibited or declared to be unlawful in the programs administered
by the department. The director will employ qualified supervisory, legal, and investigative personnel for the program.
Program staff must be qualified by training and experience.
(2) The director and the investigation unit are authorized
to receive criminal history record information that includes
46.01.135
(2008 Ed.)
46.01.140
nonconviction data for any purpose associated with an investigation conducted by the investigation unit established under
this section. Dissemination or use of nonconviction data for
purposes other than that authorized in this section is prohibited. [2008 c 74 § 6.]
Finding—2008 c 74: See note following RCW 51.04.024.
46.01.140 Special deputies and subagents of director—Disposition of application fees. (1) The county auditor, if appointed by the director of licensing shall carry out the
provisions of this title relating to the licensing of vehicles and
the issuance of vehicle license number plates under the direction and supervision of the director and may with the
approval of the director appoint assistants as special deputies
and recommend subagents to accept applications and collect
fees for vehicle licenses and transfers and to deliver vehicle
license number plates.
(2) A county auditor appointed by the director may
request that the director appoint subagencies within the
county.
(a) Upon authorization of the director, the auditor shall
use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine
the qualifications of all interested applicants.
(b) A subagent may recommend a successor who is
either the subagent’s sibling, spouse, or child, or a subagency
employee, as long as the recommended successor participates
in the open, competitive process used to select an applicant.
In making successor recommendation and appointment
determinations, the following provisions apply:
(i) If a subagency is held by a partnership or corporate
entity, the nomination must be submitted on behalf of, and
agreed to by, all partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not
receive any financial benefit from the transfer or termination
of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in
the efficient transfer of appointments in order to minimize
public inconvenience. They do not create a proprietary or
property interest in the appointment.
(c) The auditor shall submit all proposals to the director,
and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation
to the director, not only the name of the successor who is a
relative or employee, if applicable and if otherwise qualified,
but also the name of one other applicant who is qualified and
was chosen through the open competitive process. The director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by
the department shall enter into a standard contract provided
by the director, developed with the advice of the title and registration advisory committee.
(b) A subagent appointed under subsection (2) of this
section shall enter into a standard contract with the county
auditor, developed with the advice of the title and registration
advisory committee. The director shall provide the standard
contract to county auditors.
46.01.140
[Title 46 RCW—page 3]
46.01.140
Title 46 RCW: Motor Vehicles
(c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable,
the liability, of each party relating to the service expectations
and levels, equipment to be supplied by the department, and
equipment maintenance;
(ii) Require the specific type of insurance or bonds so
that the state is protected against any loss of collected motor
vehicle tax revenues or loss of equipment;
(iii) Specify the amount of training that will be provided
by the state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to
vehicle licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination
of the contract, which may include mediation and binding
arbitration.
(d) The department shall develop procedures that will
standardize and prescribe allowable costs that may be
assigned to vehicle licensing and vessel registration and title
activities performed by county auditors.
(e) The contracts may include any provision that the
director deems necessary to ensure acceptable service and the
full collection of vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract
deemed necessary in order to ensure that readily accessible
service is provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law
dealing with licenses, registration, or the right to operate any
vehicle or vessel upon the public highways or waters of this
state, excluding applicants already paying such fee under
RCW 46.16.070 or 46.16.085, the applicant shall pay to the
director, county auditor, or other agent a fee of three dollars
for each application in addition to any other fees required by
law.
(b) Counties that do not cover the expenses of vehicle
licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys.
The request must be submitted on a form developed by the
department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made
on requests found to be allowable from the licensing services
account.
(c) Applicants for certificates of ownership, including
applicants paying fees under RCW 46.16.070 or 46.16.085,
shall pay to the director, county auditor, or other agent a fee
of four dollars in addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid
to the county auditor as agent of the director, or if paid to a
subagent of the county auditor, shall be paid to the county
treasurer in the same manner as other fees collected by the
county auditor and credited to the county current expense
fund. If the fee is paid to another agent of the director, the fee
shall be used by the agent to defray his or her expenses in
handling the application.
(e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional
seventy-five cents, which must be collected and remitted to
the state treasurer and distributed as follows:
[Title 46 RCW—page 4]
(i) Fifty cents must be deposited into the department of
licensing services account of the motor vehicle fund and must
be used for agent and subagent support, which is to include
but not be limited to the replacement of department-owned
equipment in the possession of agents and subagents.
(ii) Twenty-five cents must be deposited into the license
plate technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) ten dollars for changes in a certificate of ownership, with or without
registration renewal, or verification of record and preparation
of an affidavit of lost title other than at the time of the title
application or transfer and (b) four dollars for registration
renewal only, issuing a transit permit, or any other service
under this section.
(6) If the fee is collected by the state patrol as agent for
the director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of
transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the
motor vehicle fund. All such fees collected by the director or
branches of his office shall be certified to the state treasurer
and deposited to the credit of the highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures
in subsection (3)(d) of this section, shall be expended as
determined by the county legislative authority during the process established by law for adoption of county budgets.
(8) The director may adopt rules to implement this section. [2005 c 343 § 1; 2003 c 370 § 3; 2001 c 331 § 1; 1996
c 315 § 1; 1992 c 216 § 1; 1991 c 339 § 16; 1990 c 250 § 89;
1988 c 12 § 1; 1987 c 302 § 1; 1985 c 380 § 12. Prior: 1983
c 77 § 1; 1983 c 26 § 1; 1980 c 114 § 2; 1979 c 158 § 122;
1975 1st ex.s. c 146 § 1; 1973 c 103 § 1; 1971 ex.s. c 231 § 9;
1971 ex.s. c 91 § 3; 1965 c 156 § 14; 1963 c 85 § 1; 1961 c 12
§ 46.08.100; prior: 1955 c 89 § 3; 1937 c 188 § 27; RRS §
6312-27. Formerly RCW 46.08.100.]
Application—2003 c 370: "Sections 2 and 3 of this act take effect for
renewals that are due or become due on or after November 1, 2003." [2003
c 370 § 6.] Section 2 of this act was vetoed by the governor.
Effective dates—1996 c 315 §§ 1, 4, 5: "(1) Section 4 of this act and
the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vehicle fees due or to become due on January 1, 1997,
and thereafter.
(2) Section 5 of this act and the amendments to RCW 46.01.140(4) (a)
and (c) by section 1 of this act become effective on vessel fees due or to
become due on July 1, 1997, and thereafter.
(3) The amendments to RCW 46.01.140(5) (a) and (b) by section 1 of
this act become effective on July 1, 1996." [1996 c 315 § 6.]
Effective date—1991 c 339 §§ 16, 17: "Sections 16 and 17 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect July 1, 1991." [1991 c 339 § 34.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1987 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 302 § 5.]
Severability—1985 c 380: See RCW 46.87.900.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
(2008 Ed.)
Department of Licensing
46.01.150 Branch offices. The department may maintain such branch offices within the state as the director may
deem necessary properly to carry out the powers and duties
vested in the department. [1965 c 156 § 15.]
46.01.150
Office of department, maintenance at state capital: RCW 43.17.050.
46.01.160 Forms for applications, licenses, and certificates. The director shall prescribe and provide suitable
forms of applications, certificates of ownership and registration, drivers’ licenses and all other forms and licenses requisite or deemed necessary to carry out the provisions of Title
46 RCW and any other laws the enforcement and administration of which are vested in the department. [1965 c 156 § 16.]
46.01.160
Director to prescribe forms for applications, licenses, and certificates:
RCW 43.24.040.
46.01.170 Seal. The department shall have an official
seal with the words "Department of Licensing of Washington" engraved thereon. [1977 ex.s. c 334 § 4; 1965 c 156 §
17.]
46.01.170
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
46.01.180 Oaths and acknowledgments. Officers and
employees of the department designated by the director are,
for the purpose of administering the motor vehicle laws,
authorized to administer oaths and acknowledge signatures
and shall do so without fee. [1965 c 156 § 18.]
46.01.180
Oath of director: RCW 43.17.030.
46.01.190 Designation of state patrol as agent for surrender of drivers’ licenses. The director of licensing may
designate the Washington state patrol as an agent to secure
the surrender of drivers’ licenses which have been suspended,
revoked, or canceled pursuant to law. [1979 c 158 § 123;
1965 c 156 § 19.]
46.01.190
46.01.230 Payment by check or money order—Regulations—Surrender of canceled license—Handling fee for
dishonored checks—Internet payment option. (1) The
department of licensing is authorized to accept checks and
money orders for payment of drivers’ licenses, certificates of
ownership and registration, motor vehicle excise taxes, gross
weight fees, and other fees and taxes collected by the department, in accordance with regulations adopted by the director.
The director’s regulations shall duly provide for the public’s
convenience consistent with sound business practice and
shall encourage the annual renewal of vehicle registrations by
mail to the department, authorizing checks and money orders
for payment. Such regulations shall contain provisions for
cancellation of any registrations, licenses, or permits paid for
by checks or money orders which are not duly paid and for
the necessary accounting procedures in such cases: PROVIDED, That any bona fide purchaser for value of a vehicle
shall not be liable or responsible for any prior uncollected
taxes and fees paid, pursuant to this section, by a check which
has subsequently been dishonored: AND PROVIDED FURTHER, That no transfer of ownership of a vehicle may be
denied to a bona fide purchaser for value of a vehicle if there
are outstanding uncollected fees or taxes for which a predecessor paid, pursuant to this section, by check which has sub46.01.230
(2008 Ed.)
46.01.235
sequently been dishonored nor shall the new owner be
required to pay any fee for replacement vehicle license number plates that may be required pursuant to RCW 46.16.270
as now or hereafter amended.
(2) It is a traffic infraction to fail to surrender within ten
days to the department or any authorized agent of the department any certificate, license, or permit after being notified
that such certificate, license, or permit has been canceled pursuant to this section. Notice of cancellation may be accomplished by sending a notice by first-class mail using the last
known address in department records for the holder of the
certificate, license, or permit, and recording the transmittal on
an affidavit of first-class mail.
(3) Whenever registrations, licenses, or permits have
been paid for by checks that have been dishonored by nonacceptance or nonpayment, a reasonable handling fee may be
assessed for each such instrument. Notwithstanding provisions of any other laws, county auditors, agents, and subagents, appointed or approved by the director pursuant to
RCW 46.01.140, may collect restitution, and where they have
collected restitution may retain the reasonable handling fee.
The amount of the reasonable handling fee may be set by rule
by the director.
(4) In those counties where the county auditor has been
appointed an agent of the director under RCW 46.01.140, the
auditor shall continue to process mail-in registration renewals
until directed otherwise by legislative authority. Subagents
appointed by the director under RCW 46.01.140 have the
same authority to mail out registrations and replacement
plates to Internet payment option customers as the agents
until directed otherwise by legislative authority. The department shall provide separate statements giving notice to Internet payment option customers that: (a) A subagent service
fee, as provided in RCW 46.01.140(5)(b), will be collected
by a subagent office for providing mail and pick-up services;
and (b) a filing fee will be collected on all transactions listed
under RCW 46.01.140(4)(a). The statement must include the
amount of the fee and be published on the department’s Internet web site on the page that lists each department, county
auditor, and subagent office, eligible to provide mail or pickup services for registration renewals and replacement plates.
The statements must be published below each office listed.
[2003 c 369 § 1; 1994 c 262 § 1; 1992 c 216 § 2; 1987 c 302
§ 2; 1979 ex.s. c 136 § 39; 1979 c 158 § 124; 1975 c 52 § 1;
1965 ex.s. c 170 § 44.]
Effective date—2003 c 369: "This act takes effect October 1, 2003."
[2003 c 369 § 2.]
Severability—1987 c 302: See note following RCW 46.01.140.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.01.235 Payment by credit or debit card. The
department may adopt necessary rules and procedures to
allow use of credit and debit cards for payment of fees and
excise taxes to the department and its agents or subagents
related to the licensing of drivers, the issuance of identicards,
and vehicle and vessel titling and registration. The department may establish a convenience fee to be paid by the credit
or debit card user whenever a credit or debit card is chosen as
the payment method. The fee must be sufficient to offset the
charges imposed on the department and its agents and sub46.01.235
[Title 46 RCW—page 5]
46.01.250
Title 46 RCW: Motor Vehicles
agents by credit and debit card companies. In no event may
the use of credit or debit cards authorized by this section create a loss of revenue to the state.
The use of a personal credit card does not rely upon the
credit of the state as prohibited by Article VIII, section 5 of
the state Constitution. [2004 c 249 § 9; 1999 c 271 § 1.]
46.01.270 Destruction of records by county auditor.
The county auditor may destroy applications for vehicle
licenses and any copies of vehicle licenses issued after such
records have been on file in the auditor’s office for a period
of eighteen months, unless otherwise directed by the director.
[1991 c 339 § 18; 1967 c 32 § 4; 1961 c 12 § 46.08.130. Prior:
1937 c 188 § 78; RRS § 6312-78. Formerly RCW 46.08.130.]
46.01.270
46.01.250
46.01.250 Certified copies of records—Fee. The
director shall have the power and it shall be his duty upon
request and payment of the fee as provided herein to furnish
under seal of the director certified copies of any records of
the department, except those for confidential use only. The
director shall charge and collect therefor the actual cost to the
department. Any funds accruing to the director of licensing
under this section shall be certified and sent to the state treasurer and by him deposited to the credit of the highway safety
fund. [1979 c 158 § 125; 1967 c 32 § 3; 1961 c 12 §
46.08.110. Prior: 1937 c 188 § 80; RRS § 6312-80. Formerly
RCW 46.08.110.]
46.01.260
46.01.260 Destruction of records by director. (1)
Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications
for drivers’ licenses, copies of issued drivers’ licenses, certificates of title and registration or other documents, records or
supporting papers on file in his or her office which have been
microfilmed or photographed or are more than five years old.
If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the
computer record thereof has been updated.
(2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.520 and 46.61.522 or
records of deferred prosecutions granted under RCW
10.05.120 and shall maintain such records permanently on
file.
(b) The director shall not, within fifteen years from the
date of conviction or adjudication, destroy records of the following:
(i) Convictions or adjudications of the following
offenses: RCW 46.61.502 or 46.61.504; or
(ii) If the offense was originally charged as one of the
offenses designated in (a) or (b)(i) of this subsection, convictions or adjudications of the following offenses: RCW
46.61.500 or 46.61.5249 or any other violation that was originally charged as one of the offenses designated in (a) or
(b)(i) of this subsection.
(c) For purposes of RCW 46.52.101 and 46.52.130,
offenses subject to this subsection shall be considered "alcohol-related" offenses. [1999 c 86 § 2; 1998 c 207 § 3; 1997 c
66 § 11; 1996 c 199 § 4; 1994 c 275 § 14; 1984 c 241 § 1;
1971 ex.s. c 22 § 1; 1965 ex.s. c 170 § 45; 1961 c 12 §
46.08.120. Prior: 1955 c 76 § 1; 1951 c 241 § 1; 1937 c 188
§ 77; RRS § 6312-77. Formerly RCW 46.08.120.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
[Title 46 RCW—page 6]
46.01.290 Director to make annual reports to governor. The director shall report annually to the governor on the
activities of the department. [1977 c 75 § 66; 1967 c 32 § 5;
1965 c 28 § 1; 1961 ex.s. c 21 § 29. Formerly RCW
46.08.200.]
46.01.290
46.01.310 Immunity of licensing agents. No civil suit
or action may ever be commenced or prosecuted against any
county auditor, or against any other government officer or
entity, or against any other person, by reason of any act done
or omitted to be done in connection with the titling, licensing,
or registration of vehicles or vessels while administering
duties and responsibilities as an agent of the director of
licensing, or as an agent of an agent of the director of licensing, pursuant to RCW 46.01.140. However, this section does
not bar the state of Washington or the director of licensing
from bringing any action, whether civil or criminal, against
any such agent, nor shall it bar a county auditor or other agent
of the director from bringing an action against his or her
agent. [1987 c 302 § 3.]
46.01.310
Retroactive application—1987 c 302 § 3: "Section 3 of this act shall
apply retroactively to all claims for which actions have not been filed before
May 8, 1987." [1987 c 302 § 4.]
Severability—1987 c 302: See note following RCW 46.01.140.
46.01.320 Title and registration advisory committee.
The title and registration advisory committee is created
within the department. The committee consists of the director or a designee, who shall serve as chair, the assistant director for vehicle services, the administrator of title and registration services, two members from each of the house and senate
transportation committees, two county auditors nominated by
the Washington association of county officials, and two representatives of subagents nominated by an association of
vehicle subagents. The committee shall meet at least twice a
year, and may meet as often as is necessary.
The committee’s purpose is to foster communication
between the legislature, the department, county auditors, and
subagents. The committee shall make recommendations
about revisions to fee structures, implications of fee revisions
on cost sharing, and the development of standard contracts
provided for in RCW 46.01.140(3). [2005 c 319 § 115; 1996
c 315 § 2; 1992 c 216 § 3.]
46.01.320
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
46.01.325 Agent and subagent fees—Analysis and
evaluation. (1) The director shall prepare, with the advice of
the title and registration advisory committee, an annual comprehensive analysis and evaluation of agent and subagent
fees. The director shall make recommendations for agent and
subagent fee revisions approved by the title and registration
advisory committee to the senate and house transportation
46.01.325
(2008 Ed.)
Definitions
committees by January 1st of every third year starting with
1996. Fee revision recommendations may be made more frequently when justified by the annual analysis and evaluation,
and requested by the title and registration advisory committee.
(2) The annual comprehensive analysis and evaluation
must consider, but is not limited to:
(a) Unique and significant financial, legislative, or other
relevant developments that may impact fees;
(b) Current funding for ongoing operating and maintenance automation project costs affecting revenue collection
and service delivery;
(c) Future system requirements including an appropriate
sharing of costs between the department, agents, and subagents;
(d) Beneficial mix of customer service delivery options
based on a fee structure commensurate with quality performance standards;
(e) Appropriate indices projecting state and national
growth in business and economic conditions prepared by the
United States department of commerce, the department of
revenue, and the revenue forecast council for the state of
Washington. [2005 c 319 § 116; 1996 c 315 § 3.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
46.01.330 Facilities siting coordination. The state
patrol and the department of licensing shall coordinate their
activities when siting facilities. This coordination shall result
in the collocation of driver and vehicle licensing and vehicle
inspection service facilities whenever possible.
The department and state patrol shall explore alternative
state services, such as vehicle emission testing, that would be
feasible to collocate in these joint facilities. The department
and state patrol shall reach agreement with the department of
transportation for the purposes of offering department of
transportation permits at these one-stop transportation centers. All services provided at these transportation service
facilities shall be provided at cost to the participating agencies.
In those instances where the community need or the
agencies’ needs do not warrant collocation this section shall
not apply. [1993 sp.s. c 23 § 46.]
46.01.330
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
46.01.340 Database of fuel dealer and distributor
license information. By December 31, 1996, the department
of licensing shall implement a PC or server-based database of
fuel dealer and distributor license application information.
[1996 c 104 § 17.]
46.01.340
46.01.350 Fuel tax advisory group. By July 1, 1996,
the department of licensing shall establish a fuel tax advisory
group comprised of state agency and petroleum industry representatives to develop or recommend audit and investigation
techniques, changes to fuel tax statutes and rules, information
protocols that allow sharing of information with other states,
and other tools that improve fuel tax administration or combat fuel tax evasion. [1996 c 104 § 18.]
46.01.350
(2008 Ed.)
Chapter 46.04
46.01.360 Fees—Study and adjustment. To ensure
cost recovery for department of licensing services, the department of licensing shall submit a fee study to the transportation committees of the house of representatives and the senate by December 1, 2003, and on a biennial basis thereafter.
Based on this fee study, the Washington state legislature will
review and adjust fees accordingly. [2002 c 352 § 27.]
46.01.360
Effective dates—2002 c 352: See note following RCW 46.09.070.
Chapter 46.04
Chapter 46.04 RCW
DEFINITIONS
Sections
46.04.010
46.04.015
46.04.020
46.04.030
46.04.040
46.04.050
46.04.060
46.04.071
46.04.080
46.04.085
46.04.090
46.04.100
46.04.110
46.04.115
46.04.120
46.04.125
46.04.127
46.04.130
46.04.140
46.04.144
46.04.150
46.04.160
46.04.162
46.04.163
46.04.165
46.04.167
46.04.168
46.04.169
46.04.1695
46.04.1697
46.04.170
46.04.180
46.04.181
46.04.182
46.04.183
46.04.187
46.04.190
46.04.194
46.04.1951
46.04.196
46.04.197
46.04.200
46.04.215
46.04.217
46.04.220
46.04.240
46.04.249
46.04.251
46.04.260
46.04.265
46.04.270
46.04.272
46.04.274
46.04.276
46.04.280
46.04.290
46.04.295
46.04.300
46.04.302
46.04.303
46.04.304
46.04.305
46.04.310
46.04.320
46.04.330
Scope and construction of terms.
Alcohol concentration.
Alley.
Arterial highway.
Authorized emergency vehicle.
Auto stage.
Axle.
Bicycle.
Business district.
Camper.
Cancel.
Center line.
Center of intersection.
Chauffeur.
City street.
Collector.
Collegiate license plates.
Combination of vehicles.
Commercial vehicle.
Cooper Jones Act license plate emblems.
County road.
Crosswalk.
Department.
Director.
Driveaway-towaway operation.
Driver education.
Driving privilege withheld.
Electric-assisted bicycle.
Electric personal assistive mobility device (EPAMD).
Electronic commerce.
Explosives.
Farm tractor.
Farm vehicle.
Farmer.
Farming.
Flammable liquid.
For hire vehicle.
Garbage truck.
Gonzaga University alumni association license plates.
Helping Kids Speak license plates.
Highway.
Hours of darkness.
Ignition interlock device.
Ignition interlock driver’s license.
Intersection area.
Intersection control area.
Keep Kids Safe license plates.
Kit vehicle.
Laned highway.
Law enforcement memorial license plates.
Legal owner.
Lightweight stud.
Limousine.
Limousine carrier.
Local authorities.
Marked crosswalk.
Medium-speed electric vehicle.
Metal tire.
Mobile home, manufactured home.
Modular home.
Moped.
Motor homes.
Motor truck.
Motor vehicle.
Motorcycle.
[Title 46 RCW—page 7]
46.04.010
46.04.332
46.04.336
46.04.340
46.04.350
46.04.355
46.04.357
46.04.360
46.04.370
46.04.380
46.04.381
46.04.3815
46.04.382
46.04.391
46.04.400
46.04.405
46.04.408
46.04.410
46.04.414
46.04.415
46.04.416
46.04.420
46.04.429
46.04.435
46.04.440
46.04.450
46.04.455
46.04.460
46.04.465
46.04.466
46.04.470
46.04.480
46.04.490
46.04.500
46.04.510
46.04.521
46.04.530
46.04.540
46.04.550
46.04.552
46.04.555
46.04.560
46.04.565
46.04.566
46.04.570
46.04.571
46.04.580
46.04.582
46.04.585
46.04.590
46.04.600
46.04.611
46.04.620
46.04.622
46.04.62240
46.04.62250
46.04.62260
46.04.623
46.04.630
46.04.640
46.04.650
46.04.653
46.04.655
46.04.660
46.04.670
46.04.672
46.04.691
46.04.692
46.04.705
46.04.710
Title 46 RCW: Motor Vehicles
Motor-driven cycle.
Motorized foot scooter.
Muffler.
Multiple lane highway.
Municipal transit vehicle.
Neighborhood electric vehicle.
Nonresident.
Operator or driver.
Owner.
Park or parking.
Parts car.
Passenger car.
Police officer.
Pedestrian.
Person.
Photograph, picture, negative.
Pneumatic tires.
Pole trailer.
Power wheelchair.
Private carrier bus.
Private road or driveway.
Professional firefighters and paramedics license plates.
Public scale.
Railroad.
Railroad sign or signal.
Reasonable grounds.
Registered owner.
Rental car.
Rental car business.
Residence district.
Revoke.
Road tractor.
Roadway.
Safety zone.
School bus.
Semitrailer.
Sidewalk.
Solid tire.
Special mobile equipment.
Stand or standing.
State highway.
Stop.
Stop or stopping.
Streetcar.
Street rod vehicle.
Suspend.
Tandem axle.
Temporarily sojourning.
Traffic.
Traffic control signal.
Traffic-control devices.
Trailer.
Park trailer.
Share the Road license plates.
Signal preemption device.
Ski & Ride Washington license plates.
Travel trailer.
Train.
Trolley vehicle.
Tractor.
Truck.
Truck tractor.
Used vehicle.
Vehicle.
Vehicle or pedestrian right-of-way.
Washington Lighthouses license plates.
Washington’s National Park Fund license plates.
We love our pets license plates.
Wheelchair conveyance.
Abandoned, unauthorized, and junk vehicles, definitions relating to: RCW
46.55.010.
Certificates of ownership and registration, definitions relating to: RCW
46.12.005.
Commercial drivers’ licenses, definitions relating to: RCW 46.25.010.
"Conviction" defined: RCW 46.20.270.
Driver training schools, definitions relating to: RCW 46.82.280.
"Finding that a traffic infraction has been committed" defined: RCW
46.20.270.
"Habitual offender" defined: RCW 46.65.020.
"Ignition interlock, biological, technical devices" defined: RCW 46.20.710.
[Title 46 RCW—page 8]
"Judgment" defined for purposes of financial responsibility: RCW
46.29.270.
"Motor vehicle dealer" defined: RCW 46.70.011.
"Motor vehicle liability policy" defined: RCW 46.29.490.
Off-road vehicles, definitions relating to: RCW 46.09.020.
"Proof of financial responsibility for the future" defined: RCW 46.29.260.
"Resident" defined: RCW 46.16.028, 46.20.021.
Snowmobiles, definitions relating to: RCW 46.10.010.
"State" defined for purposes of financial responsibility: RCW 46.29.270.
"Traffic infraction, finding that has been committed" defined: RCW
46.20.270.
46.04.010 Scope and construction of terms. Terms
used in this title shall have the meaning given to them in this
chapter except where otherwise defined, and unless where
used the context thereof shall clearly indicate to the contrary.
Words and phrases used herein in the past, present or
future tense shall include the past, present and future tenses;
words and phrases used herein in the masculine, feminine or
neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular
or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary. [1961 c 12 §
46.04.010. Prior: 1959 c 49 § 2; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1,
part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.010
46.04.015 Alcohol concentration. "Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of
a person’s breath, or (2) grams of alcohol per one hundred
milliliters of a person’s blood. [1995 c 332 § 17; 1994 c 275
§ 1.]
46.04.015
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—1994 c 275: "This act shall be known as the "1994 Omnibus Drunk Driving Act."" [1994 c 275 § 43.]
Effective date—1994 c 275: "This act shall take effect July 1, 1994."
[1994 c 275 § 46.]
46.04.020 Alley. "Alley" means a public highway not
designed for general travel and used primarily as a means of
access to the rear of residences and business establishments.
[1961 c 12 § 46.04.020. Prior: 1959 c 49 § 3; prior: 1937 c
189 § 1, part; RRS § 6360-1, part.]
46.04.020
46.04.030 Arterial highway. "Arterial highway"
means every public highway, or portion thereof, designated
as such by proper authority. [1961 c 12 § 46.04.030. Prior:
1959 c 49 § 4; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part.]
46.04.030
46.04.040 Authorized emergency vehicle. "Authorized emergency vehicle" means any vehicle of any fire
department, police department, sheriff’s office, coroner,
prosecuting attorney, Washington state patrol, ambulance
service, public or private, which need not be classified, registered or authorized by the state patrol, or any other vehicle
authorized in writing by the state patrol. [1987 c 330 § 701;
46.04.040
(2008 Ed.)
Definitions
1961 c 12 § 46.04.040. Prior: 1959 c 49 § 5; 1953 c 40 § 1;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.04.130
46.04.090 Cancel. "Cancel," in all its forms, means
invalidation indefinitely. [1979 c 61 § 1; 1961 c 12 §
46.04.090. Prior: 1959 c 49 § 10; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.090
46.04.100 Center line. "Center line" means the line,
marked or unmarked, parallel to and equidistant from the
sides of a two-way traffic roadway of a highway except
where otherwise indicated by painted lines or markers. [1975
c 62 § 3; 1961 c 12 § 46.04.100. Prior: 1959 c 49 § 11; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.100
46.04.050
46.04.050 Auto stage. "Auto stage" means any motor
vehicle used for the purpose of carrying passengers together
with incidental baggage and freight or either, on a regular
schedule of time and rates: PROVIDED, That no motor vehicle shall be considered to be an auto stage where substantially
the entire route traveled by such vehicle is within the corporate limits of any city or town or the corporate limits of any
adjoining cities or towns. [1961 c 12 § 46.04.050. Prior:
1959 c 49 § 6; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1,
part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part;
1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part;
1915 c 142 § 1, part; RRS § 6313, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.110 Center of intersection. "Center of intersection" means the point of intersection of the center lines of the
roadway of intersecting public highways. [1961 c 12 §
46.04.110. Prior: 1959 c 49 § 12; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.110
46.04.115 Chauffeur. "Chauffeur" means a person
authorized by the department under this title to drive a limousine, and, if operating in a port district that regulates limousines under RCW 46.72A.030(2), meets the licensing
requirements of that port district. [1996 c 87 § 1.]
46.04.115
46.04.060
46.04.060 Axle. "Axle" means structure or structures in
the same or approximately the same transverse plane with a
vehicle supported by wheels and on which or with which
such wheels revolve. [1961 c 12 § 46.04.060. Prior: 1959 c
49 § 7; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929
c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.071
46.04.071 Bicycle. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is
sixteen inches or more in diameter, or three wheels, any one
of which is more than twenty inches in diameter. [1982 c 55
§ 4; 1965 ex.s. c 155 § 86.]
46.04.080
46.04.080 Business district. "Business district" means
the territory contiguous to and including a highway when
within any six hundred feet along such highway there are
buildings in use for business or industrial purposes, including
but not limited to hotels, banks, or office buildings, railroad
stations, and public buildings which occupy at least three
hundred feet of frontage on one side or three hundred feet
collectively on both sides of the highway. [1975 c 62 § 2;
1961 c 12 § 46.04.080. Prior: 1959 c 49 § 9; prior: 1937 c
189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927
c 309 § 2, part; RRS § 6362-2, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.120 City street. "City street" means every public
highway, or part thereof located within the limits of cities and
towns, except alleys. [1961 c 12 § 46.04.120. Prior: 1959 c
49 § 13; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.120
46.04.125 Collector. "Collector" means the owner of
one or more vehicles described in RCW 46.16.305(1) who
collects, purchases, acquires, trades, or disposes of the vehicle or parts of it, for his or her personal use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes. [1996 c 225 § 2.]
46.04.125
Finding—1996 c 225: "The legislature finds and declares that
constructive leisure pursuits by Washington citizens is most important. This
act is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and
special interest, which hobby contributes to the enjoyment of the citizens and
the preservation of Washington’s automotive memorabilia." [1996 c 225 §
1.]
46.04.127 Collegiate license plates. "Collegiate
license plates" means license plates that display a depiction
of the name and mascot or symbol of a state university,
regional university, or state college as defined in RCW
28B.10.016. [1994 c 194 § 1.]
46.04.127
46.04.085
46.04.085 Camper. "Camper" means a structure
designed to be mounted upon a motor vehicle which provides
facilities for human habitation or for temporary outdoor or
recreational lodging and which is five feet or more in overall
length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes
as defined in RCW 46.04.305. [1971 ex.s. c 231 § 2.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
(2008 Ed.)
46.04.130 Combination of vehicles. "Combination of
vehicles" means every combination of motor vehicle and
motor vehicle, motor vehicle and trailer or motor vehicle and
semitrailer. [1963 c 154 § 26; 1961 c 12 § 46.04.130. Prior:
1959 c 49 § 14; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.130
Effective date—1963 c 154: See note following RCW 46.37.010.
[Title 46 RCW—page 9]
46.04.140
Title 46 RCW: Motor Vehicles
46.04.140 Commercial vehicle. "Commercial vehicle"
means any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire. [1961 c 12 § 46.04.140. Prior:
1959 c 49 § 15; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.140
46.04.144 Cooper Jones Act license plate emblems.
"Cooper Jones Act license plate emblems" means emblems
on valid Washington license plates that display the symbol of
bicycle safety created in RCW 46.16.333. [2002 c 264 § 2.]
Intent—1999 c 6: "(1) This act is intended to edit some of the statutes
relating to driver’s licenses in order to make those statutes more comprehensible to the citizenry of the state of Washington. The legislature does not
intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 46.20 RCW or
other statutory provisions or rules adopted under those provisions.
(2) This act is technical in nature and does not terminate or in any way
modify any rights, proceedings, or liabilities, civil or criminal, that exist on
July 25, 1999." [1999 c 6 § 1.]
46.04.144
Finding—2002 c 264: See note following RCW 46.16.333.
46.04.150 County road. "County road" means every
public highway or part thereof, outside the limits of cities and
towns and which has not been designated as a state highway.
[1961 c 12 § 46.04.150. Prior: 1959 c 49 § 16; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.150
46.04.169 Electric-assisted bicycle. "Electric-assisted
bicycle" means a bicycle with two or three wheels, a saddle,
fully operative pedals for human propulsion, and an electric
motor. The electric-assisted bicycle’s electric motor must
have a power output of no more than one thousand watts, be
incapable of propelling the device at a speed of more than
twenty miles per hour on level ground, and be incapable of
further increasing the speed of the device when human power
alone is used to propel the device beyond twenty miles per
hour. [1997 c 328 § 1.]
46.04.169
46.04.160 Crosswalk. "Crosswalk" means the portion
of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event
there are no sidewalks then between the intersection area and
a line ten feet therefrom, except as modified by a marked
crosswalk. [1961 c 12 § 46.04.160. Prior: 1959 c 49 § 17;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.162 Department. The term "department" shall
mean the department of licensing unless a different department is specified. [1979 c 158 § 126; 1975 c 25 § 4. Formerly
RCW 46.04.690.]
46.04.1695 Electric personal assistive mobility device
(EPAMD). "Electric personal assistive mobility device"
(EPAMD) means a self-balancing device with two wheels
not in tandem, designed to transport only one person by an
electric propulsion system with an average power of seven
hundred fifty watts (one horsepower) having a maximum
speed on a paved level surface, when powered solely by such
a propulsion system while ridden by an operator weighing
one hundred seventy pounds, of less than twenty miles per
hour. [2002 c 247 § 1.]
Legislative review—2002 c 247: "The legislature shall review the provisions of this act and make any necessary changes by July 1, 2005." [2002
c 247 § 9.]
46.04.160
46.04.1695
46.04.162
46.04.1697 Electronic commerce. "Electronic commerce" may include, but is not limited to, transactions conducted over the Internet or by telephone or other electronic
means. [2004 c 249 § 1.]
46.04.1697
46.04.163 Director. The term "director" shall mean the
director of licensing unless the director of a different department of government is specified. [1979 c 158 § 127; 1975 c
25 § 5. Formerly RCW 46.04.695.]
46.04.163
46.04.170
46.04.165 Driveaway-towaway operation. "Driveaway-towaway operation" means any operation in which any
motor vehicle, trailer or semitrailer, singly or in combination,
new or used, constitutes the commodity being transported
when one set or more wheels of any such vehicle are on the
roadway during the course of transportation, whether or not
any such vehicle furnishes the motive power. [1963 c 154 §
27.]
46.04.165
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.167 Driver education. Whenever the term
"driver education" is used in the code, it shall be defined to
mean "traffic safety education". [1969 ex.s. c 218 § 12. Formerly RCW 46.04.700.]
46.04.167
46.04.168 Driving privilege withheld. "Driving privilege withheld" means that the department has revoked, suspended, or denied a person’s Washington state driver’s
license, permit to drive, driving privilege, or nonresident
driving privilege. [1999 c 6 § 2.]
46.04.168
[Title 46 RCW—page 10]
46.04.170 Explosives. "Explosives" means any chemical compound or mechanical mixture that is commonly used
or intended for the purpose of producing an explosion, and
which contains any oxidizing or combustible units or other
ingredients in such proportions, quantities or packing that an
ignition by fire, by friction, by concussion, by percussion or
by detonation of any part of the compound mixture may
cause such a sudden generation of highly heated gases that
the resultant gaseous pressures are capable of producing
destructible effects on contiguous objects or of destroying
life or limb. [1961 c 12 § 46.04.170. Prior: 1959 c 49 § 18;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part. Cf. 1951 c
102 § 3.]
46.04.180
46.04.180 Farm tractor. "Farm tractor" means every
motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. [1961 c 12 § 46.04.180. Prior: 1959 c
49 § 19; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
(2008 Ed.)
Definitions
46.04.240
46.04.181 Farm vehicle. "Farm vehicle" means any
vehicle other than a farm tractor or farm implement which is
designed and/or used primarily in agricultural pursuits on
farms for the purpose of transporting machinery, equipment,
implements, farm products, supplies and/or farm labor
thereon and is only incidentally operated on or moved along
public highways for the purpose of going from one farm to
another. [1967 c 202 § 1.]
46.04.197 Highway. Highway means the entire width
between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel. [1965 ex.s. c 155 § 87. Formerly
RCW 46.04.431.]
46.04.182 Farmer. "Farmer" means any person, firm,
partnership or corporation engaged in farming. If a person,
firm, partnership or corporation is engaged in activities in
addition to that of farming, the definition shall only apply to
that portion of the activity that is defined as farming in RCW
46.04.183. [1969 ex.s. c 281 § 58.]
46.04.200 Hours of darkness. "Hours of darkness"
means the hours from one-half hour after sunset to one-half
hour before sunrise, and any other time when persons or
objects may not be clearly discernible at a distance of five
hundred feet. [1961 c 12 § 46.04.200. Prior: 1959 c 49 § 21;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.183 Farming. "Farming" means the cultivation
and tillage of the soil, dairying, the production, cultivation,
growing, and harvesting of any agricultural or horticultural
commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and
any practices performed on a farm as an incident to or in conjunction with such farming operations. [1969 ex.s. c 281 §
59.]
46.04.215 Ignition interlock device. "Ignition interlock device" means breath alcohol analyzing ignition equipment or other biological or technical device certified by the
state patrol and designed to prevent a motor vehicle from
being operated by a person who has consumed an alcoholic
beverage. The state patrol shall by rule provide standards for
the certification, installation, repair, and removal of the
devices. [2005 c 200 § 1; 1997 c 229 § 9; 1994 c 275 § 23;
1987 c 247 § 3. Formerly RCW 46.20.730.]
46.04.187 Flammable liquid. "Flammable liquid"
means any liquid which has a flash point of 70° Fahrenheit, or
less, as determined by a Tagliabue or equivalent closed cup
test device. [1961 c 12 § 46.04.210. Prior: 1959 c 49 § 22;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part. Cf. 1951 c
102 § 3. Formerly RCW 46.04.210.]
Effective date—1997 c 229: See note following RCW 10.05.090.
46.04.181
46.04.182
46.04.183
46.04.187
46.04.190 For hire vehicle. "For hire vehicle" means
any motor vehicle used for the transportation of persons for
compensation, except auto stages and ride-sharing vehicles.
[1979 c 111 § 13; 1961 c 12 § 46.04.190. Prior: 1959 c 49 §
20; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 §
2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142
§ 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
46.04.190
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
46.04.194 Garbage truck. "Garbage truck" means a
truck specially designed and used exclusively for garbage or
refuse operations. [1983 c 68 § 1.]
46.04.194
46.04.1951 Gonzaga University alumni association
license plates. "Gonzaga University alumni association
license plates" means license plates issued under RCW
46.16.30916 that display a symbol or artwork recognizing the
efforts of the Gonzaga University alumni association in
Washington state. [2005 c 85 § 2.]
46.04.1951
who have a severe delay in language or speech development.
[2004 c 48 § 2.]
46.04.197
46.04.200
46.04.215
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.04.217 Ignition interlock driver’s license. "Ignition interlock driver’s license" means a permit issued to a person by the department that allows the person to operate a noncommercial motor vehicle with an ignition interlock device
while the person’s regular driver’s license is suspended,
revoked, or denied. [2008 c 282 § 1.]
46.04.217
46.04.220 Intersection area. (1) "Intersection area"
means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral boundary lines of the roadways of two or more highways which join
one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(2) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or
more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway shall
not constitute an intersection. [1975 c 62 § 4; 1961 c 12 §
46.04.220. Prior: 1959 c 49 § 23; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
46.04.220
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.196 Helping Kids Speak license plates. "Helping Kids Speak license plates" means license plates that display a symbol of an organization that supports programs that
provide free diagnostic and therapeutic services to children
46.04.196
(2008 Ed.)
46.04.240 Intersection control area. "Intersection
control area" means intersection area, together with such
modification of the adjacent roadway area as results from the
46.04.240
[Title 46 RCW—page 11]
46.04.249
Title 46 RCW: Motor Vehicles
arc of curb corners and together with any marked or
unmarked crosswalks adjacent to the intersection. [1961 c 12
§ 46.04.240. Prior: 1959 c 49 § 25; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.249 Keep Kids Safe license plates. "Keep Kids
Safe license plates" means license plates issued under RCW
46.16.30913 that display artwork recognizing efforts to prevent child abuse and neglect in Washington state. [2005 c 53
§ 2.]
motor vehicles. The director in consultation with the Washington state patrol will by rule define the categories of limousines. [2006 c 98 § 1; 1996 c 87 § 2.]
Effective date—2006 c 98: "This act takes effect November 1, 2006."
[2006 c 98 § 2.]
46.04.249
46.04.251 Kit vehicle. "Kit vehicle" means a passenger
car or light truck assembled from a manufactured kit, and is
either (1) a complete kit consisting of a prefabricated body
and chassis used to construct a new vehicle, or (2) a kit consisting of a prefabricated body to be mounted on an existing
vehicle chassis and drive train, commonly referred to as a
donor vehicle. [1996 c 225 § 5.]
46.04.251
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.260 Laned highway. "Laned highway" means a
highway the roadway of which is divided into clearly marked
lanes for vehicular traffic. [1961 c 12 § 46.04.260. Prior:
1959 c 49 § 27; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part.]
46.04.260
46.04.276 Limousine carrier. "Limousine carrier"
means a person engaged in the transportation of a person or
group of persons, who, under a single contract, acquires, on a
prearranged basis, the use of a limousine to travel to a specified destination or for a particular itinerary. The term "prearranged basis" refers to the manner in which the carrier dispatches vehicles. [1996 c 87 § 3.]
46.04.276
46.04.280 Local authorities. "Local authorities"
includes every county, municipal, or other local public board
or body having authority to adopt local police regulations
under the Constitution and laws of this state. [1961 c 12 §
46.04.280. Prior: 1959 c 49 § 29; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1,
part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.280
46.04.290 Marked crosswalk. "Marked crosswalk"
means any portion of a roadway distinctly indicated for
pedestrian crossing by lines or other markings on the surface
thereof. [1961 c 12 § 46.04.290. Prior: 1959 c 49 § 30; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.290
46.04.265 Law enforcement memorial license plates.
"Law enforcement memorial license plates" means license
plates issued under RCW 46.16.30905 that display a symbol
honoring law enforcement officers in Washington killed in
the line of duty. [2004 c 221 § 2.]
46.04.265
46.04.295 Medium-speed electric vehicle. "Mediumspeed electric vehicle" means a self-propelled, electrically
powered four-wheeled motor vehicle, equipped with a roll
cage or crush-proof body design, whose speed attainable in
one mile is more than thirty miles per hour but not more than
thirty-five miles per hour and otherwise meets or exceeds the
federal regulations set forth in 49 C.F.R. Sec. 571.500. [2007
c 510 § 2.]
46.04.295
46.04.270 Legal owner. "Legal owner" means a person
having a security interest in a vehicle perfected in accordance
with chapter 46.12 RCW or the registered owner of a vehicle
unencumbered by a security interest or the lessor of a vehicle
unencumbered by a security interest. [1975 c 25 § 1; 1961 c
12 § 46.04.270. Prior: 1959 c 49 § 28; prior: 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.]
46.04.270
Effective date—2007 c 510: See note following RCW 46.04.320.
46.04.272 Lightweight stud. (1) "Lightweight stud"
means a stud intended for installation and use in a vehicle
tire. As used in this title, this means a stud that is recommended by the manufacturer of the tire for the type and size
of the tire and that:
(a) Weighs no more than 1.5 grams if the stud conforms
to Tire Stud Manufacturing Institute (TSMI) stud size 14 or
less;
(b) Weighs no more than 2.3 grams if the stud conforms
to TSMI stud size 15 or 16; or
(c) Weighs no more than 3.0 grams if the stud conforms
to TSMI stud size 17 or larger.
(2) A lightweight stud may contain any materials necessary to achieve the lighter weight.
(3) Subsection (1) of this section does not apply to
retractable studs as described in RCW 46.37.420. [2007 c
140 § 1; 1999 c 219 § 1.]
46.04.272
46.04.274 Limousine. "Limousine" means a category
of for hire, chauffeur-driven, unmetered, unmarked luxury
46.04.274
[Title 46 RCW—page 12]
46.04.300 Metal tire. "Metal tire" includes every tire,
the bearing surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
[1961 c 12 § 46.04.300. Prior: 1959 c 49 § 31; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.300
46.04.302 Mobile home, manufactured home.
"Mobile home" or "manufactured home" means a structure,
designed and constructed to be transportable in one or more
sections, and is built on a permanent chassis, and designed to
be used as a dwelling with or without a permanent foundation
when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The
structure must comply with the national mobile home construction and safety standards act of 1974 as adopted by chapter 43.22 RCW if applicable. Manufactured home does not
include a modular home. A structure which met the definition
46.04.302
(2008 Ed.)
Definitions
of a "manufactured home" at the time of manufacture is still
considered to meet this definition notwithstanding that it is
no longer transportable. [1993 c 154 § 1. Prior: 1989 c 343
§ 24; 1989 c 337 § 1; 1977 ex.s. c 22 § 1; 1971 ex.s. c 231 §
4.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1977 ex.s. c 22: "If any section or provision of this 1977
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the section or provision
to other persons or circumstances is not affected." [1977 ex.s. c 22 § 10.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.303 Modular home. "Modular home" means a
factory-assembled structure designed primarily for use as a
dwelling when connected to the required utilities that include
plumbing, heating, and electrical systems contained therein,
does not contain its own running gear, and must be mounted
on a permanent foundation. A modular home does not
include a mobile home or manufactured home. [1990 c 250 §
17; 1971 ex.s. c 231 § 5.]
46.04.303
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.304 Moped. "Moped" means a motorized device
designed to travel with not more than three sixteen-inch or
larger diameter wheels in contact with the ground, having
fully operative pedals for propulsion by human power, and an
electric or a liquid fuel motor with a cylinder displacement
not exceeding fifty cubic centimeters which produces no
more than two gross brake horsepower (developed by a prime
mover, as measured by a brake applied to the driving shaft)
that is capable of propelling the device at not more than thirty
miles per hour on level ground.
The Washington state patrol may approve of and define
as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and
application to motorized devices which do meet these specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979 ex.s.
c 213 § 1.]
46.04.304
Severability—1990 c 250: See note following RCW 46.16.301.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.04.305 Motor homes. "Motor homes" means motor
vehicles originally designed, reconstructed, or permanently
altered to provide facilities for human habitation, which
include lodging and cooking or sewage disposal, and is
enclosed within a solid body shell with the vehicle, but
excludes a camper or like unit constructed separately and
affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c 231
§ 3.]
46.04.305
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.310 Motor truck. "Motor truck" means any
motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals. [1961 c
12 § 46.04.310. Prior: 1959 c 49 § 32; prior: (i) 1943 c 153
§ 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1,
46.04.310
(2008 Ed.)
46.04.332
part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.320 Motor vehicle. "Motor vehicle" means every
vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley
wires, but not operated upon rails. "Motor vehicle" includes
a neighborhood electric vehicle as defined in RCW
46.04.357. "Motor vehicle" includes a medium-speed electric vehicle as defined in RCW 46.04.295. An electric personal assistive mobility device is not considered a motor
vehicle. A power wheelchair is not considered a motor vehicle. [2007 c 510 § 1. Prior: 2003 c 353 § 1; 2003 c 141 § 2;
2002 c 247 § 2; 1961 c 12 § 46.04.320; prior: 1959 c 49 § 33;
1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part;
1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part;
1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 §
2, part; RRS § 6362-2, part.]
46.04.320
Effective date—2007 c 510: "This act takes effect August 1, 2007."
[2007 c 510 § 6.]
Effective date—2003 c 353: "This act takes effect August 1, 2003."
[2003 c 353 § 12.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.04.330 Motorcycle. "Motorcycle" means a motor
vehicle designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the
motor unit or power train and is designed to be steered with a
handle bar, but excluding a farm tractor, a power wheelchair,
an electric personal assistive mobility device, and a moped.
The Washington state patrol may approve of and define
as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance
and application to motor vehicles that do meet these specific
criteria. [2003 c 141 § 3; 2002 c 247 § 3; 1990 c 250 § 20;
1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49
§ 34; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c
96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c
142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
46.04.330
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.332 Motor-driven cycle. "Motor-driven cycle"
means every motorcycle, including every motor scooter, with
a motor that produces not to exceed five brake horsepower
(developed by a prime mover, as measured by a brake applied
to the driving shaft). A motor-driven cycle does not include
a moped, a power wheelchair, a motorized foot scooter, or an
electric personal assistive mobility device. [2003 c 353 § 7;
2003 c 141 § 4; 2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c
154 § 28.]
46.04.332
Reviser’s note: This section was amended by 2003 c 141 § 4 and by
2003 c 353 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 46 RCW—page 13]
46.04.336
Title 46 RCW: Motor Vehicles
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.336 Motorized foot scooter. "Motorized foot
scooter" means a device with no more than two ten-inch or
smaller diameter wheels that has handlebars, is designed to
be stood or sat upon by the operator, and is powered by an
internal combustion engine or electric motor that is capable
of propelling the device with or without human propulsion.
For purposes of this section, a motor-driven cycle, a
moped, an electric-assisted bicycle, or a motorcycle is not a
motorized foot scooter. [2003 c 353 § 6.]
46.04.336
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.340 Muffler. "Muffler" means a device consisting of a series of chambers, or other mechanical designs for
the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting
therefrom. [1961 c 12 § 46.04.340. Prior: 1959 c 49 § 35;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.340
46.04.350 Multiple lane highway. "Multiple lane highway" means any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate
lanes of vehicular traffic in the same direction, each lane of
which shall be not less than the maximum legal vehicle width
and whether or not such lanes are marked. [1975 c 62 § 5;
1961 c 12 § 46.04.350. Prior: 1959 c 49 § 36; prior: 1937 c
189 § 1, part; RRS § 6360-1, part.]
46.04.350
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.355 Municipal transit vehicle. Municipal transit
vehicle includes every motor vehicle, streetcar, train, trolley
vehicle, and any other device, which (1) is capable of being
moved within, upon, above, or below a public highway, (2) is
owned or operated by a city, county, county transportation
authority, public transportation benefit area, regional transit
authority, or metropolitan municipal corporation within the
state, and (3) is used for the purpose of carrying passengers
together with incidental baggage and freight on a regular
schedule. [2004 c 118 § 2; 1984 c 167 § 2; 1974 ex.s. c 76 §
4.]
46.04.355
46.04.370 Operator or driver. "Operator or driver"
means every person who drives or is in actual physical control of a vehicle. [1975 c 62 § 6; 1967 c 32 § 1; 1961 c 12 §
46.04.370. Prior: 1959 c 49 § 38; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; RRS § 6313, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.370
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.380 Owner. "Owner" means a person who has a
lawful right of possession of a vehicle by reason of obtaining
it by purchase, exchange, gift, lease, inheritance or legal
action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner
may be construed as either to registered or legal owner.
[1975 c 25 § 2; 1961 c 12 § 46.04.380. Prior: 1959 c 49 § 39;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.380
46.04.381 Park or parking. "Park or parking" means
the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
[1975 c 62 § 9.]
46.04.381
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.3815 Parts car. "Parts car" means a motor vehicle that is owned by a collector to furnish parts for restoration
or maintenance of a vehicle described in RCW 46.16.305(1),
thus enabling a collector to preserve, restore, and maintain
such a vehicle. [1996 c 225 § 3.]
46.04.3815
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.382 Passenger car. "Passenger car" means every
motor vehicle except motorcycles and motor-driven cycles,
designed for carrying ten passengers or less and used for the
transportation of persons. [1963 c 154 § 29.]
46.04.382
Effective date—1963 c 154: See note following RCW 46.37.010.
Unlawful bus conduct: RCW 9.91.025.
46.04.391 Police officer. Police officer means every
officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations. [1965 ex.s. c 155
§ 89.]
46.04.357 Neighborhood electric vehicle. "Neighborhood electric vehicle" means a self-propelled, electrically
powered four-wheeled motor vehicle whose speed attainable
in one mile is more than twenty miles per hour and not more
than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. [2003 c 353 § 2.]
46.04.400 Pedestrian. "Pedestrian" means any person
who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power
other than a bicycle. [2003 c 141 § 5; 1990 c 241 § 1; 1961 c
12 § 46.04.400. Prior: 1959 c 49 § 41; prior: 1937 c 189 §
1, part; RRS § 6360-1, part.]
46.04.357
46.04.391
46.04.400
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.405 Person. "Person" includes every natural person, firm, copartnership, corporation, association, or organization. [1961 c 12 § 46.04.405. Prior: 1959 c 49 § 42; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.405
46.04.360 Nonresident. "Nonresident" means any person whose residence is outside this state and who is temporarily sojourning within this state. [1961 c 12 § 46.04.360.
Prior: 1959 c 49 § 37; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.360
[Title 46 RCW—page 14]
(2008 Ed.)
Definitions
46.04.408 Photograph, picture, negative. "Photograph," along with the terms "picture" and "negative," means
a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital
data imaging. [1990 c 250 § 21.]
46.04.408
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.410 Pneumatic tires. "Pneumatic tires" includes
every tire of rubber or other resilient material designed to be
inflated with compressed air to support the load thereon.
[1961 c 12 § 46.04.410. Prior: 1959 c 49 § 43; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.470
46.04.440 Railroad. "Railroad" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally
outside cities and towns. [1961 c 12 § 46.04.440. Prior: 1959
c 49 § 48; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.440
46.04.410
46.04.414 Pole trailer. "Pole trailer" means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a
reach, or pole, or by being boomed or otherwise secured to
the towing vehicle, and ordinarily used for transporting long
or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining themselves as
beams between the supporting connections. [1961 c 12 §
46.04.414. Prior: 1959 c 49 § 44; prior: 1951 c 56 § 1.]
46.04.414
46.04.415 Power wheelchair. "Power wheelchair"
means any self-propelled vehicle capable of traveling no
more than fifteen miles per hour, usable indoors, designed as
a mobility aid for individuals with mobility impairments, and
operated by such an individual. [2003 c 141 § 1.]
46.04.415
Wheelchair conveyance: RCW 46.04.710.
46.04.416 Private carrier bus. "Private carrier bus"
means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more
persons) used regularly to transport persons in furtherance of
any organized agricultural, religious or charitable purpose.
Such term does not include buses operated by common carriers under a franchise granted by any city or town or the
Washington public utilities commission. [1970 ex.s. c 100 §
3.]
46.04.416
46.04.420 Private road or driveway. "Private road or
driveway" includes every way or place in private ownership
and used for travel of vehicles by the owner or those having
express or implied permission from the owner, but not by
other persons. [1961 c 12 § 46.04.420. Prior: 1959 c 49 § 45;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.420
46.04.429 Professional firefighters and paramedics
license plates. "Professional firefighters and paramedics
license plates" means license plates issued under RCW
46.16.30901 that display a symbol denoting professional firefighters and paramedics. [2004 c 35 § 2.]
46.04.429
46.04.435 Public scale. "Public scale" means every
scale under public or private ownership which is certified as
to its accuracy and which is available for public weighing.
[1961 c 12 § 46.04.435. Prior: 1959 c 49 § 47.]
46.04.435
(2008 Ed.)
46.04.450 Railroad sign or signal. "Railroad sign or
signal" means any sign, signal, or device erected by authority
of a public body or official or by a railroad and intended to
give notice of the presence of railroad tracks or the approach
of a railroad train. [1961 c 12 § 46.04.450. Prior: 1959 c 49
§ 49; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.450
46.04.455 Reasonable grounds. "Reasonable
grounds," when used in the context of a law enforcement
officer’s decision to make an arrest, means probable cause.
[1995 c 332 § 19.]
46.04.455
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.04.460 Registered owner. "Registered owner"
means the person whose lawful right of possession of a vehicle has most recently been recorded with the department.
[1975 c 25 § 3; 1961 c 12 § 46.04.460. Prior: 1959 c 49 § 50;
prior: 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part.]
46.04.460
46.04.465 Rental car. (1) "Rental car" means a passenger car, as defined in RCW 46.04.382, that is used solely by
a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than
thirty consecutive days.
(2) "Rental car" does not include:
(a) Vehicles rented or loaned to customers by automotive
repair businesses while the customer’s vehicle is under
repair;
(b) Vehicles licensed and operated as taxicabs. [1992 c
194 § 1.]
46.04.465
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.04.466 Rental car business. "Rental car business"
means a person engaging within this state in the business of
renting rental cars, as determined under rules of the department of licensing. [1992 c 194 § 5.]
46.04.466
Effective dates—1992 c 194: "(1) Sections 1 through 3 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect June 1, 1992.
(2) Sections 4 through 13 of this act shall take effect January 1, 1993."
[1992 c 194 § 14.]
Registration of rental car businesses: RCW 46.87.023.
46.04.470 Residence district. "Residence district"
means the territory contiguous to and including a public highway not comprising a business district, when the property on
such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main
improved with residences or residences and buildings in use
for business. [1961 c 12 § 46.04.470. Prior: 1959 c 49 § 51;
46.04.470
[Title 46 RCW—page 15]
46.04.480
Title 46 RCW: Motor Vehicles
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.480 Revoke. "Revoke," in all its forms, means
the invalidation for a period of one calendar year and thereafter until reissue. However, under the provisions of RCW
46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and chapters
46.32 and 46.65 RCW, the invalidation may last for a period
other than one calendar year. [2007 c 419 § 4; 1995 c 332 §
10; 1994 c 275 § 38; 1988 c 148 § 8; 1985 c 407 § 1; 1983 c
165 § 14; 1983 c 165 § 13; 1979 c 62 § 7; 1961 c 12 §
46.04.480. Prior: 1959 c 49 § 52; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.480
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: "Sections 2 and 4 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1985. The remainder of the act shall take effect January 1, 1986." [1985 c 407 § 8.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Severability—1979 c 62: See note following RCW 46.65.020.
46.04.490 Road tractor. "Road tractor" includes every
motor vehicle designed and used primarily as a road building
vehicle in drawing road building machinery and devices.
[1961 c 12 § 46.04.490. Prior: 1959 c 49 § 53; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.490
46.04.500 Roadway. "Roadway" means that portion of
a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though
such sidewalk or shoulder is used by persons riding bicycles.
In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway
separately but shall not refer to all such roadways collectively. [1977 c 24 § 1; 1961 c 12 § 46.04.500. Prior: 1959 c
49 § 54; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.500
46.04.510 Safety zone. "Safety zone" means the area or
space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is marked or
indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible. [1961 c 12 §
46.04.510. Prior: 1959 c 49 § 55; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.510
46.04.521 School bus. School bus means every motor
vehicle used regularly to transport children to and from
school or in connection with school activities, which is sub46.04.521
[Title 46 RCW—page 16]
ject to the requirements set forth in the most recent edition of
"Specifications for School Buses" published by the state
superintendent of public instruction, but does not include
buses operated by common carriers in urban transportation of
school children or private carrier buses operated as school
buses in the transportation of children to and from private
schools or school activities. [1995 c 141 § 1; 1965 ex.s. c 155
§ 90.]
46.04.530 Semitrailer. "Semitrailer" includes every
vehicle without motive power designed to be drawn by a
vehicle, motor vehicle, or truck tractor and so constructed
that an appreciable part of its weight and that of its load rests
upon and is carried by such other vehicle, motor vehicle, or
truck tractor. [1979 ex.s. c 149 § 1; 1961 c 12 § 46.04.530.
Prior: 1959 c 49 § 57; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
46.04.530
46.04.540 Sidewalk. "Sidewalk" means that property
between the curb lines or the lateral lines of a roadway and
the adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and in
proximity to a public highway and dedicated to use by pedestrians. [1961 c 12 § 46.04.540. Prior: 1959 c 49 § 58; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.540
46.04.550 Solid tire. "Solid tire" includes every tire of
rubber or other resilient material which does not depend upon
inflation with compressed air for the support of the load
thereon. [1961 c 12 § 46.04.550. Prior: 1959 c 49 § 59; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.550
46.04.552 Special mobile equipment. "Special mobile
equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but
not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as
asphalt spreaders, bituminous mixers, bucket loaders, tractors
other than truck-tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and draglines, and
self-propelled cranes and earth moving equipment. The term
does not include house trailers, dump trucks, truck mounted
transit mixers, cranes or shovels or other vehicles designed
for the transportation of persons or property to which
machinery has been attached. [1973 1st ex.s. c 17 § 1; 1972
ex.s. c 5 § 1; 1963 c 154 § 30.]
46.04.552
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.555 Stand or standing. "Stand or standing"
means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers. [1975 c 62 §
10.]
46.04.555
(2008 Ed.)
Definitions
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.560 State highway. "State highway" includes
every highway or part thereof, which has been designated as
a state highway or branch thereof, by legislative enactment.
[1975 c 62 § 7; 1961 c 12 § 46.04.560. Prior: 1959 c 49 § 60;
prior: 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.560
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.565 Stop. "Stop" when required means complete
cessation from movement. [1975 c 62 § 11.]
46.04.62240
46.04.582
46.04.582 Tandem axle. "Tandem axle" means any
two or more consecutive axles whose centers are less than
seven feet apart. [1988 c 6 § 1; 1979 ex.s. c 149 § 2.]
46.04.585
46.04.585 Temporarily sojourning. "Temporarily
sojourning," as the term is used in chapter 46.04 RCW, shall
be construed to include any nonresident who is within this
state for a period of not to exceed six months in any one year.
[1961 c 12 § 46.04.585. Prior: 1959 c 49 § 63; prior: 1955 c
89 § 6.]
46.04.565
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.566 Stop or stopping. "Stop or stopping" when
prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions
of a police officer or traffic control sign or signal. [1975 c 62
§ 12.]
46.04.566
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.570 Streetcar. "Streetcar" means a vehicle other
than a train for transporting persons or property and operated
upon stationary rails principally within cities and towns.
[1961 c 12 § 46.04.570. Prior: 1959 c 49 § 61; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.570
46.04.571 Street rod vehicle. "Street rod vehicle" is a
motor vehicle, other than a motorcycle, that meets the following conditions:
(1)(a) The vehicle was manufactured before 1949, (b)
the vehicle has been assembled or reconstructed using major
component parts of a motor vehicle manufactured before
1949, or (c) the vehicle was assembled or manufactured after
1949, to resemble a vehicle manufactured before 1949; and
(2)(a) The vehicle has been modified in its body style or
design through the use of nonoriginal or reproduction components, such as frame, engine, drive train, suspension, or
brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use, or (b) the body has been constructed from nonoriginal materials or has been altered dimensionally or in shape
and appearance from the original manufactured body. [1999
c 58 § 1; 1996 c 225 § 4.]
46.04.571
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.580 Suspend. "Suspend," in all its forms and
unless a different period is specified, means invalidation for
any period less than one calendar year and thereafter until
reinstatement. [1994 c 275 § 28; 1990 c 250 § 22; 1961 c 12
§ 46.04.580. Prior: 1959 c 49 § 62; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.580
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
(2008 Ed.)
46.04.590
46.04.590 Traffic. "Traffic" includes pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together, while using any public highways for purposes of travel. [1961 c 12 § 46.04.590. Prior:
1959 c 49 § 64; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.600
46.04.600 Traffic control signal. "Traffic control signal" means any traffic device, whether manually, electrically,
or mechanically operated, by which traffic alternately is
directed to stop or proceed or otherwise controlled. [1961 c
12 § 46.04.600. Prior: 1959 c 49 § 65; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.611
46.04.611 Traffic-control devices. Official trafficcontrol devices means all signs, signals, markings and
devices not inconsistent with Title 46 RCW placed or erected
by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning or guiding traffic.
[1965 ex.s. c 155 § 88.]
46.04.620
46.04.620 Trailer. "Trailer" includes every vehicle
without motive power designed for being drawn by or used in
conjunction with a motor vehicle constructed so that no
appreciable part of its weight rests upon or is carried by such
motor vehicle, but does not include a municipal transit vehicle, or any portion thereof. [1974 ex.s. c 76 § 3; 1961 c 12 §
46.04.620. Prior: 1959 c 49 § 67; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; RRS § 6313, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 §
2, part; RRS § 6362-2, part.]
46.04.622
46.04.622 Park trailer. "Park trailer" or "park model
trailer" means a travel trailer designed to be used with temporary connections to utilities necessary for operation of
installed fixtures and appliances. The trailer’s gross area shall
not exceed four hundred square feet when in the setup mode.
"Park trailer" excludes a mobile home. [1989 c 337 § 2.]
46.04.62240
46.04.62240 Share the Road license plates. "Share the
Road license plates" means license plates that commemorate
the life of Cooper Jones and display a symbol of an organization that promote[s] bicycle safety and awareness education
in communities throughout Washington. [2005 c 426 § 2.]
[Title 46 RCW—page 17]
46.04.62250
Title 46 RCW: Motor Vehicles
46.04.62250 Signal preemption device. "Signal preemption device" means a device that is capable of altering the
normal operation of a traffic control signal. Any such device
manufactured by a vehicle manufacturer is not a signal preemption device for purposes of this section if the primary
purpose of the device is any purpose other than the preemption of traffic signals and the device’s ability to alter traffic
signals is unintended and incidental to the device’s primary
purpose. [2005 c 183 § 1.]
46.04.62250
or title transferred from the person who first took title to it
from the manufacturer or first importer, dealer, or agent of
the manufacturer or importer, and so used as to have become
what is commonly known as "secondhand" within the ordinary meaning thereof. [1961 c 12 § 46.04.660. Prior: 1959 c
49 § 71; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.670 Vehicle. "Vehicle" includes every device
capable of being moved upon a public highway and in, upon,
or by which any persons or property is or may be transported
or drawn upon a public highway, including bicycles. The
term does not include power wheelchairs or devices other
than bicycles moved by human or animal power or used
exclusively upon stationary rails or tracks. Mopeds shall not
be considered vehicles or motor vehicles for the purposes of
chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW.
Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter
46.12, 46.16, 46.29, 46.37, or 46.70 RCW. [2003 c 141 § 6;
2002 c 247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c
213 § 4; 1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.670
46.04.62260 Ski & Ride Washington license plates.
"Ski & Ride Washington license plates" means license plates
issued under RCW 46.16.30922 that display a symbol or artwork recognizing the efforts of the Washington snowsports
industry in this state. [2005 c 220 § 2.]
46.04.62260
46.04.623 Travel trailer. "Travel trailer" means a
trailer built on a single chassis transportable upon the public
streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and may be
used without being connected to utilities. [1989 c 337 § 3.]
46.04.623
46.04.630 Train. "Train" means a vehicle propelled by
steam, electricity, or other motive power with or without cars
coupled thereto, operated upon stationary rails, except streetcars. [1961 c 12 § 46.04.630. Prior: 1959 c 49 § 68; prior: (i)
1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943
§ 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.630
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.04.640 Trolley vehicle. "Trolley vehicle" means a
vehicle the motive power for which is supplied by means of a
trolley line and which may or may not be confined in its operation to a certain portion of the roadway in order to maintain
trolley line contact. [1961 c 12 § 46.04.640. Prior: 1959 c 49
§ 69; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.640
46.04.650 Tractor. "Tractor" means every motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of
the weight of the vehicle and load so drawn. [1986 c 18 § 1;
1975 c 62 § 8; 1961 c 12 § 46.04.650. Prior: 1959 c 49 § 70;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
46.04.650
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.653 Truck. "Truck" means every motor vehicle
designed, used, or maintained primarily for the transportation
of property. [1986 c 18 § 2.]
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.04.672 Vehicle or pedestrian right-of-way. "Vehicle or pedestrian right-of-way" means the right of one vehicle
or pedestrian to proceed in a lawful manner in preference to
another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise
to danger of collision unless one grants precedence to the
other. [1975 c 62 § 13.]
46.04.672
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.691 Washington Lighthouses license plates.
"Washington Lighthouses license plates" means license
plates issued under RCW 46.16.30911 that display a symbol
or artwork recognizing the efforts of lighthouse environmental programs in Washington state. [2005 c 48 § 2.]
46.04.691
46.04.653
46.04.655 Truck tractor. "Truck tractor" means every
motor vehicle designed and used primarily for drawing other
vehicles but so constructed as to permit carrying a load in
addition to part of the weight of the vehicle and load so
drawn. [1986 c 18 § 3.]
46.04.655
46.04.692 Washington’s National Park Fund license
plates. "Washington’s National Park Fund license plates"
means license plates issued under RCW 46.16.30918 that display a symbol or artwork recognizing the efforts of Washington’s National Park Fund in preserving Washington’s
national parks for future generations in Washington state.
[2005 c 177 § 2.]
46.04.692
46.04.705 We love our pets license plates. "We love
our pets license plates" means license plates issued under
RCW 46.16.30914 that display a symbol or artwork recog46.04.705
46.04.660 Used vehicle. "Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away,
46.04.660
[Title 46 RCW—page 18]
(2008 Ed.)
General Provisions
nizing the efforts of the Washington state federation of animal care and control agencies in Washington state that assists
local member agencies of the federation to promote and perform spay/neuter surgery of Washington state pets, in order
to reduce pet overpopulation. [2005 c 71 § 2.]
46.04.710 Wheelchair conveyance. "Wheelchair conveyance" means any vehicle specially manufactured or
designed for the transportation of a physically or medically
impaired wheelchair-bound person. The vehicle may be a
separate vehicle used in lieu of a wheelchair or a separate
vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a
speed range established by the state patrol. The state patrol
may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially
similar in performance and application to vehicles that do
meet these specific criteria. [1987 c 330 § 703; 1983 c 200 §
1.]
46.08.065
[1990 c 42 § 207; 1961 c 12 § 46.08.010. Prior: 1937 c 188 §
75; RRS § 6312-75.]
*Reviser’s note: RCW 82.80.020 was repealed by 2003 c 1 § 5, (Initiative Measure No. 776, approved November 5, 2002).
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.04.710
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 200: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 200 § 7.]
Power wheelchairs: RCW 46.04.415.
Wheelchair conveyances
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
Chapter 46.08
Chapter 46.08 RCW
GENERAL PROVISIONS
Sections
46.08.010
46.08.020
46.08.030
46.08.065
46.08.066
46.08.067
46.08.068
46.08.070
46.08.150
46.08.160
46.08.170
46.08.172
46.08.190
State preempts licensing field.
Precedence over local vehicle and traffic regulations.
Uniformity of application.
Publicly owned vehicles to be marked—Exceptions.
Publicly owned vehicles—Confidential license plates—Issuance, rules governing.
Publicly owned vehicles—Violations concerning marking and
confidential license plates.
Publicly owned vehicles—Remarking not required, when.
Nonresidents, application to.
Control of traffic on capitol grounds.
Control of traffic on capitol grounds—Enforcing officer.
Control of traffic on capitol grounds—Violations, traffic
infractions, misdemeanors—Jurisdiction.
Parking rental fees—Establishment.
Jurisdiction of judges of district, municipal, and superior court.
Extension of licensing period authorized—Rules and regulations, manner
and content: RCW 43.24.140.
46.08.010 State preempts licensing field. The provisions of this title relating to the certificate of ownership, certificate of license registration, vehicle license, vehicle license
plates and vehicle operator’s license shall be exclusive and
no political subdivision of the state of Washington shall
require or issue any licenses or certificates for the same or a
similar purpose except as provided in *RCW 82.80.020, nor
shall any city or town in this state impose a tax, license, or
other fee upon vehicles operating exclusively between points
outside of such city or town limits, and to points therein.
46.08.010
(2008 Ed.)
46.08.020 Precedence over local vehicle and traffic
regulations. The provisions of this title relating to vehicles
shall be applicable and uniform throughout this state and in
all incorporated cities and towns and all political subdivisions
therein and no local authority shall enact or enforce any law,
ordinance, rule or regulation in conflict with the provisions of
this title except and unless expressly authorized by law to do
so and any laws, ordinances, rules or regulations in conflict
with the provisions of this title are hereby declared to be
invalid and of no effect. Local authorities may, however,
adopt additional vehicle and traffic regulations which are not
in conflict with the provisions of this title. [1961 c 12 §
46.08.020. Prior: 1937 c 189 § 2; RRS § 6360-2.]
46.08.020
46.08.030 Uniformity of application. The provisions
of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon
the public highways of this state, except as otherwise specifically provided. [1961 c 12 § 46.08.030. Prior: 1937 c 189 §
3; RRS § 6360-3.]
46.08.030
46.08.065 Publicly owned vehicles to be marked—
Exceptions. (1) It is unlawful for any public officer having
charge of any vehicle owned or controlled by any county,
city, town, or public body in this state other than the state of
Washington and used in public business to operate the same
upon the public highways of this state unless and until there
shall be displayed upon such automobile or other motor vehicle in letters of contrasting color not less than one and onequarter inches in height in a conspicuous place on the right
and left sides thereof, the name of such county, city, town, or
other public body, together with the name of the department
or office upon the business of which the said vehicle is used.
This section shall not apply to vehicles of a sheriff’s office,
local police department, or any vehicles used by local peace
officers under public authority for special undercover or confidential investigative purposes. This subsection shall not
apply to: (a) Any municipal transit vehicle operated for purposes of providing public mass transportation; (b) any vehicle governed by the requirements of subsection (4) of this
section; nor to (c) any motor vehicle on loan to a school district for driver training purposes. It shall be lawful and constitute compliance with the provisions of this section, however,
for the governing body of the appropriate county, city, town,
or public body other than the state of Washington or its agencies to adopt and use a distinctive insignia which shall be not
less than six inches in diameter across its smallest dimension
and which shall be displayed conspicuously on the right and
left sides of the vehicle. Such insignia shall be in a color or
colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or
operating the vehicle shall also be included as part of or displayed above such approved insignia in colors contrasting
with the vehicle in letters not less than one and one-quarter
46.08.065
[Title 46 RCW—page 19]
46.08.066
Title 46 RCW: Motor Vehicles
inches in height. Immediately below the lettering identifying
the public entity and agency operating the vehicle or below
an approved insignia shall appear the words "for official use
only" in letters at least one inch high in a color contrasting
with the color of the vehicle. The appropriate governing body
may provide by rule or ordinance for marking of passenger
motor vehicles as prescribed in subsection (2) of this section
or for exceptions to the marking requirements for local governmental agencies for the same purposes and under the same
circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this
section, passenger motor vehicles owned or controlled by the
state of Washington, and purchased after July 1, 1989, must
be plainly and conspicuously marked on the lower left-hand
corner of the rear window with the name of the operating
agency or institution or the words "state motor pool," as
appropriate, the words "state of Washington — for official
use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the
department of general administration. Markings must be on a
transparent adhesive material and conform to the standards
established by the department of general administration. For
the purposes of this section, "passenger motor vehicles"
means sedans, station wagons, vans, light trucks, or other
motor vehicles under ten thousand pounds gross vehicle
weight.
(3) Subsection (2) of this section shall not apply to vehicles used by the Washington state patrol for general undercover or confidential investigative purposes. Traffic control
vehicles of the Washington state patrol may be exempted
from the requirements of subsection (2) of this section at the
discretion of the chief of the Washington state patrol. The
department of general administration shall adopt general
rules permitting other exceptions to the requirements of subsection (2) of this section for other vehicles used for law
enforcement, confidential public health work, and public
assistance fraud or support investigative purposes, for vehicles leased or rented by the state on a casual basis for a period
of less than ninety days, and those provided for in RCW
46.08.066(3). The exceptions in this subsection, subsection
(4) of this section, and those provided for in RCW
46.08.066(3) shall be the only exceptions permitted to the
requirements of subsection (2) of this section.
(4) Any motorcycle, vehicle over 10,000 pounds gross
vehicle weight, or other vehicle that for structural reasons
cannot be marked as required by subsection (1) or (2) of this
section that is owned or controlled by the state of Washington
or by any county, city, town, or other public body in this state
and used for public purposes on the public highways of this
state shall be conspicuously marked in letters of a contrasting
color with the words "State of Washington" or the name of
such county, city, town, or other public body, together with
the name of the department or office that owns or controls the
vehicle.
(5) All motor vehicle markings required under the terms
of this chapter shall be maintained in a legible condition at all
times. [1998 c 111 § 4; 1989 c 57 § 9; 1975 1st ex.s. c 169 §
1; 1961 c 12 § 46.08.065. Prior: 1937 c 189 § 46; RRS §
6360-46. Formerly RCW 46.36.140.]
Effective date—1989 c 57: See note following RCW 43.19.620.
[Title 46 RCW—page 20]
46.08.066 Publicly owned vehicles—Confidential
license plates—Issuance, rules governing. (1) Except as
provided in subsection (3) of this section, the department of
licensing is authorized to issue confidential motor vehicle
license plates to units of local government and to agencies of
the federal government for law enforcement purposes only.
(2) Except as provided in subsections (3) and (4) of this
section the use of confidential plates on vehicles owned or
operated by the state of Washington by any officer or
employee thereof, shall be limited to confidential, investigative, or undercover work of state law enforcement agencies,
confidential public health work, and confidential public
assistance fraud or support investigations.
(3) Any state official elected on a statewide basis shall be
provided on request with one set of confidential plates for use
on official business. When necessary for the personal security
of any other public officer, or public employee, the chief of
the Washington state patrol may recommend that the director
issue confidential plates for use on an unmarked publicly
owned or controlled vehicle of the appropriate governmental
unit for the conduct of official business for the period of time
that the personal security of such state official, public officer,
or other public employee may require. The office of the state
treasurer may use an unmarked state owned or controlled
vehicle with confidential plates where required for the safe
transportation of either state funds or negotiable securities to
or from the office of the state treasurer.
(4) The director of licensing may issue rules and regulations governing applications for, and the use of, such plates
by law enforcement and other public agencies. [1986 c 158 §
20; 1982 c 163 § 14; 1979 c 158 § 128; 1975 1st ex.s. c 169 §
2.]
46.08.066
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
46.08.067 Publicly owned vehicles—Violations concerning marking and confidential license plates. A violation of any provision of RCW 46.08.065 as now or hereafter
amended or of RCW 46.08.066 shall subject the public
officer or employee committing such violation to disciplinary
action by the appropriate appointing authority or employing
agency. Such disciplinary action may include, but shall not
be limited to, suspension without pay or termination of
employment in the case of repeated or continuing noncompliance. [1975 1st ex.s. c 169 § 3.]
46.08.067
46.08.068 Publicly owned vehicles—Remarking not
required, when. Any vehicle properly marked pursuant to
statutory requirements in effect prior to September 8, 1975,
need not be remarked to conform to the requirements of
RCW 46.08.065 through 46.08.067 until July 1, 1977. [1975
1st ex.s. c 169 § 4.]
46.08.068
46.08.070 Nonresidents, application to. Subject to a
compliance with the motor vehicle laws of the state and
acceptance of the provisions of this title, nonresident owners
and operators of vehicles hereby are granted the privilege of
using the public highways of this state, and use of such public
highways shall be deemed and construed to be an acceptance
by such nonresident owners and operators of the provisions
46.08.070
(2008 Ed.)
Off-Road and Nonhighway Vehicles
of this title. [1961 c 12 § 46.08.070. Prior: 1937 c 189 § 128;
RRS § 6360-128.]
46.08.150 Control of traffic on capitol grounds. The
director of general administration shall have power to devise
and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles
on the state capitol grounds. However, the monetary penalty
for parking a motor vehicle without a valid special license
plate or placard in a parking place reserved for physically disabled persons shall be the same as provided in RCW
46.16.381. Such rules and regulations shall be promulgated
by publication in one issue of a newspaper published at the
state capitol and shall be given such further publicity as the
director may deem proper. [1995 c 384 § 2; 1961 c 12 §
46.08.150. Prior: 1955 c 285 § 21; 1947 c 11 § 1; Rem. Supp.
1947 § 7921-20.]
46.08.150
46.08.160 Control of traffic on capitol grounds—
Enforcing officer. The chief of the Washington state patrol
shall be the chief enforcing officer to assure the proper
enforcement of such rules and regulations. [1961 c 12 §
46.08.160. Prior: 1947 c 11 § 2; Rem. Supp. 1947 § 792121.]
46.08.160
46.08.170 Control of traffic on capitol grounds—Violations, traffic infractions, misdemeanors—Jurisdiction.
(1) Except as provided in subsection (2) of this section, any
violation of a rule or regulation prescribed under RCW
46.08.150 is a traffic infraction, and the district courts of
Thurston county shall have jurisdiction over such offenses:
PROVIDED, That violation of a rule or regulation relating to
traffic including parking, standing, stopping, and pedestrian
offenses is a traffic infraction.
(2) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 232; 1987 c
202 § 213; 1979 ex.s. c 136 § 40; 1963 c 158 § 2; 1961 c 12
§ 46.08.170. Prior: 1947 c 11 § 3; Rem. Supp. 1947 § 792122.]
46.08.170
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.08.172 Parking rental fees—Establishment. The
director of the department of general administration shall
establish equitable and consistent parking rental fees for the
capitol campus and may, if requested by agencies, establish
equitable and consistent parking rental fees for agencies off
the capitol campus, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature’s intent to reduce state subsidization of parking or to
meet the commute trip reduction goals established in RCW
70.94.527. All fees shall take into account the market rate of
comparable privately owned rental parking, as determined by
the director. However, parking rental fees are not to exceed
the local market rate of comparable privately owned rental
parking.
46.08.172
(2008 Ed.)
46.09.010
The director may delegate the responsibility for the collection of parking fees to other agencies of state government
when cost-effective. [1995 c 215 § 4; 1993 c 394 § 4. Prior:
1991 sp.s. c 31 § 12; 1991 sp.s. c 13 § 41; 1988 ex.s. c 2 §
901; 1985 c 57 § 59; 1984 c 258 § 323; 1963 c 158 § 1.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Fee deposition: RCW 43.01.225.
46.08.190 Jurisdiction of judges of district, municipal, and superior court. Every district and municipal court
judge shall have concurrent jurisdiction with superior court
judges of the state for all violations of the provisions of this
title, except the trial of felony charges on the merits, and may
impose any punishment provided therefor. [1995 c 136 § 1;
1984 c 258 § 136; 1961 c 12 § 46.08.190. Prior: 1955 c 393
§ 4.]
46.08.190
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Chapter 46.09 RCW
OFF-ROAD AND NONHIGHWAY VEHICLES
Chapter 46.09
Sections
46.09.010
46.09.020
46.09.030
46.09.040
46.09.050
46.09.070
46.09.080
46.09.085
46.09.110
46.09.115
46.09.117
46.09.120
46.09.130
46.09.140
46.09.150
46.09.165
46.09.170
46.09.170
46.09.180
46.09.190
46.09.200
46.09.240
46.09.250
46.09.280
46.09.900
Application of chapter—Permission necessary to enter upon
private lands.
Definitions.
Use permits—Issuance—Fees.
Use permit prerequisite to operation.
Vehicles exempted from ORV use permits and tags.
Application for ORV use permit.
ORV dealers—Permits—Fees—Number plates—Title application—Violations.
Selling ORV without use permit.
Disposition of ORV moneys.
Authorized and prohibited uses.
Operation by persons under thirteen.
Operating violations—Exceptions.
Additional violations—Penalty.
Accident reports.
Motor vehicle fuel excise taxes on fuel for nonhighway vehicles not refundable.
Nonhighway and off-road vehicle activities program account.
Refunds from motor vehicle fund—Distribution—Use (as
amended by 2007 c 241).
Refunds from motor vehicle fund—Distribution—Use (as
amended by 2007 c 522).
Regulation by local political subdivisions or state agencies.
General penalty—Civil liability.
Enforcement.
Administration and distribution of ORV moneys.
Statewide plan.
Nonhighway and off-road vehicle activities advisory committee.
Severability—1971 ex.s. c 47.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
46.09.010 Application of chapter—Permission necessary to enter upon private lands. The provisions of this
46.09.010
[Title 46 RCW—page 21]
46.09.020
Title 46 RCW: Motor Vehicles
chapter shall apply to all lands in this state. Nothing in this
chapter, RCW 79A.35.040, 79A.35.070, 79A.35.090,
79A.35.110, and 79A.35.120 shall be deemed to grant to any
person the right or authority to enter upon private property
without permission of the property owner. [2005 c 213 § 2;
1972 ex.s. c 153 § 2; 1971 ex.s. c 47 § 6.]
Findings—Construction—2005 c 213: "The legislature finds that offroad recreational vehicles (ORVs) provide opportunities for a wide variety
of outdoor recreation activities. The legislature further finds that the limited
amount of ORV recreation areas presents a challenge for ORV recreational
users, natural resource land managers, and private landowners. The legislature further finds that many nonhighway roads provide opportunities for
ORV use and that these opportunities may reduce conflicts between users
and facilitate responsible ORV recreation. However, restrictions intended
for motor vehicles may prevent ORV use on certain roads, including forest
service roads. Therefore, the legislature finds that local, state, and federal
jurisdictions should be given the flexibility to allow ORV use on nonhighway roads they own and manage or for which they are authorized to allow
public ORV use under an easement granted by the owner. Nothing in this act
authorizes trespass on private property." [2005 c 213 § 1.]
Effective date—2005 c 213: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 213 § 9.]
Purpose—1972 ex.s. c 153: See RCW 67.32.080.
46.09.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means the nonhighway and
off-road vehicle activities advisory committee established in
RCW 46.09.280.
(2) "Board" means the recreation and conservation funding board established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.
(4) "Department" means the department of licensing.
(5) "Highway," for the purpose of this chapter only,
means the entire width between the boundary lines of every
roadway publicly maintained by the state department of
transportation or any county or city with funding from the
motor vehicle fund. A highway is generally capable of travel
by a conventional two-wheel drive passenger automobile
during most of the year and in use by such vehicles.
(6) "Motorized vehicle" means a vehicle that derives
motive power from an internal combustion engine.
(7) "Nonhighway road" means any road owned or managed by a public agency or any private road for which the
owner has granted an easement for public use for which
appropriations from the motor vehicle fund were not used for
(a) original construction or reconstruction in the last twentyfive years; or (b) maintenance in the last four years.
(8) "Nonhighway road recreation facilities" means recreational facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonhighway road
recreational users.
(9) "Nonhighway road recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or
off-road is primarily for nonhighway road recreational purposes, including, but not limited to, hunting, fishing, camping, sightseeing, wildlife viewing, picnicking, driving for
pleasure, kayaking/canoeing, and gathering berries, firewood, mushrooms, and other natural products.
46.09.020
[Title 46 RCW—page 22]
(10) "Nonhighway vehicle" means any motorized vehicle including an ORV when used for recreational purposes on
nonhighway roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or
in the water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax
exemption or rebate under chapter 82.36 RCW while an
exemption or rebate is claimed. This exemption includes but
is not limited to farm, construction, and logging vehicles.
(11) "Nonmotorized recreational facilities" means recreational trails and facilities that are adjacent to, or accessed by,
a nonhighway road and intended primarily for nonmotorized
recreational users.
(12) "Nonmotorized recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or
off-road is primarily for nonmotorized recreational purposes
including, but not limited to, walking, hiking, backpacking,
climbing, cross-country skiing, snowshoeing, mountain biking, horseback riding, and pack animal activities.
(13) "Off-road vehicle" or "ORV" means any nonstreet
licensed vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.
Such vehicles include, but are not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies.
(14) "Operator" means each person who operates, or is in
physical control of, any nonhighway vehicle.
(15) "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by
recognized clubs, and conducted at a predetermined time and
place.
(16) "ORV recreation facilities" include, but are not limited to, ORV trails, trailheads, campgrounds, ORV sports
parks, and ORV use areas, designated for ORV use by the
managing authority that are intended primarily for ORV recreational users.
(17) "ORV recreational user" means a person whose purpose for consuming fuel on nonhighway roads or off-road is
primarily for ORV recreational purposes, including but not
limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or dune buggy.
(18) "ORV sports park" means a facility designed to
accommodate competitive ORV recreational uses including,
but not limited to, motocross racing, four-wheel drive competitions, and flat track racing. Use of ORV sports parks can be
competitive or noncompetitive in nature.
(19) "ORV trail" means a multiple-use corridor designated by the managing authority and maintained for recreational use by motorized vehicles.
(20) "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.
(21) "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle,
and entitled to the use or possession thereof.
(22) "Person" means any individual, firm, partnership,
association, or corporation. [2007 c 241 § 13; 2004 c 105 §
1; 1986 c 206 § 1; 1979 c 158 § 129; 1977 ex.s. c 220 § 1;
1972 ex.s. c 153 § 3; 1971 ex.s. c 47 § 7.]
(2008 Ed.)
Off-Road and Nonhighway Vehicles
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Effective date—1986 c 206: "This act shall take effect on June 30,
1986." [1986 c 206 § 17.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.030 Use permits—Issuance—Fees. The department shall provide for the issuance of use permits for off-road
vehicles and may appoint agents for collecting fees and issuing permits. The department shall charge each applicant for
registration the actual cost of the decal. The department shall
make available replacement decals for a fee equivalent to the
actual cost of the decals. The provisions of RCW 46.01.130
and 46.01.140 apply to the issuance of use permits for offroad vehicles as they do to the issuance of vehicle licenses,
the appointment of agents and the collection of application
fees. [1990 c 250 § 23; 1986 c 206 § 2; 1977 ex.s. c 220 § 2;
1972 ex.s. c 153 § 4; 1971 ex.s. c 47 § 8.]
46.09.030
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.040 Use permit prerequisite to operation.
Except as provided in this chapter, no person shall operate
any off-road vehicle within this state after January 1, 1978,
unless the off-road vehicle has been assigned an ORV use
permit and displays a current ORV tag in accordance with the
provisions of this chapter: PROVIDED, That registration
and display of an unexpired ATV use permit shall be deemed
to have complied with this section. [1977 ex.s. c 220 § 3;
1972 ex.s. c 153 § 5; 1971 ex.s. c 47 § 9.]
46.09.040
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.050 Vehicles exempted from ORV use permits
and tags. ORV use permits and ORV tags shall be required
under the provisions of this chapter except for the following:
(1) Off-road vehicles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) Off-road vehicles owned and operated by this state,
or by any municipality or political subdivision thereof.
(3) Off-road vehicles operated on agricultural lands
owned or leased by the ORV owner or operator.
(4) Off-road vehicles owned by a resident of another
state that have a valid ORV permit or vehicle license issued
in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption or
privilege is granted under the laws of that state.
(5) Off-road vehicles while being used for search and
rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency.
(6) Vehicles which are licensed pursuant to chapter
46.16 RCW or in the case of nonresidents, vehicles which are
validly licensed for operation over public highways in the
jurisdiction of the owner’s residence. [2004 c 105 § 9; 1986
c 206 § 3; 1977 ex.s. c 220 § 4; 1972 ex.s. c 153 § 6; 1971
ex.s. c 47 § 10.]
46.09.050
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(2008 Ed.)
46.09.080
46.09.070 Application for ORV use permit. (1)
Application for annual or temporary ORV use permits shall
be made to the department or its authorized agent in such
manner and upon such forms as the department shall prescribe and shall state the name and address of each owner of
the off-road vehicle.
(2) An application for an annual permit shall be signed
by at least one owner, and shall be accompanied by a fee of
eighteen dollars. Upon receipt of the annual permit application and the application fee, the off-road vehicle shall be
assigned a use permit number tag or decal, which shall be
affixed to the off-road vehicle in a manner prescribed by the
department. The annual permit is valid for a period of one
year and is renewable each year in such manner as the department may prescribe for an additional period of one year upon
payment of a renewal fee of eighteen dollars.
Any person acquiring an off-road vehicle for which an
annual permit has been issued who desires to continue to use
the permit must, within fifteen days of the acquisition of the
off-road vehicle, make application to the department or its
authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of five dollars.
(3) A temporary use permit is valid for sixty days.
Application for a temporary permit shall be accompanied by
a fee of seven dollars. The permit shall be carried on the
vehicle at all times during its operation in the state.
(4) Except as provided in RCW 46.09.050, any out-ofstate operator of an off-road vehicle shall, when operating in
this state, comply with this chapter, and if an ORV use permit
is required under this chapter, the operator shall obtain an
annual or temporary permit and tag. [2004 c 106 § 1; 2002 c
352 § 1; 1997 c 241 § 1; 1986 c 206 § 4; 1977 ex.s. c 220 § 6;
1972 ex.s. c 153 § 8; 1971 ex.s. c 47 § 12.]
46.09.070
Effective date—2004 c 106 § 1: "Section 1 of this act takes effect with
registrations that are due or become due November 1, 2004, or later." [2004
c 106 § 2.]
Effective dates—2002 c 352: "Sections 7, 9, and 28 of this act are
effective with registrations that are due or will become due September 1,
2002, and thereafter. Section 26 of this act takes effect October 1, 2002. The
remainder of this act takes effect July 1, 2002." [2002 c 352 § 30.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.080 ORV dealers—Permits—Fees—Number
plates—Title application—Violations. (1) Each dealer of
off-road vehicles in this state who does not have a current
"dealer’s plate" for vehicle use pursuant to chapter 46.70
RCW shall obtain an ORV dealer permit from the department
in such manner and upon such forms as the department shall
prescribe. Upon receipt of an application for an ORV dealer
permit and the fee under subsection (2) of this section, the
dealer shall be registered and an ORV dealer permit number
assigned.
(2) The fee for ORV dealer permits shall be twenty-five
dollars per year, which covers all of the off-road vehicles
owned by a dealer and not rented. Off-road vehicles rented on
a regular, commercial basis by a dealer shall have separate
use permits.
(3) Upon the issuance of an ORV dealer permit each
dealer may purchase, at a cost to be determined by the department, ORV dealer number plates of a size and color to be
46.09.080
[Title 46 RCW—page 23]
46.09.085
Title 46 RCW: Motor Vehicles
determined by the department, that contain the dealer ORV
permit number assigned to the dealer. Each off-road vehicle
operated by a dealer, dealer representative, or prospective
customer for the purposes of testing or demonstration shall
display such number plates assigned pursuant to the dealer
permit provisions in chapter 46.70 RCW or this section, in a
manner prescribed by the department.
(4) No dealer, dealer representative, or prospective customer shall use such number plates for any purpose other than
the purpose prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any offroad vehicle within the state unless he has a motor vehicle
dealers’ license pursuant to chapter 46.70 RCW or an ORV
dealer permit number in accordance with this section.
(7) When an ORV is sold by a dealer, the dealer shall
apply for title in the purchaser’s name within fifteen days following the sale. [1990 c 250 § 24; 1986 c 206 § 5; 1977 ex.s.
c 220 § 7; 1972 ex.s. c 153 § 9; 1971 ex.s. c 47 § 13.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.085 Selling ORV without use permit. Except as
provided in RCW 46.09.050, it is unlawful for any dealer to
sell at retail an off-road vehicle without an ORV use permit
required in RCW 46.09.040. [2004 c 105 § 10.]
46.09.085
requirements of RCW 46.16.010 and vehicle lighting and
equipment requirements of chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a
private nonhighway road if the road owner has not authorized
the use of off-road vehicles.
(4) Nothing in this section authorizes trespass on private
property.
(5) The provisions of RCW 4.24.210(5) shall apply to
public landowners who allow members of the public to use
public facilities accessed by a highway, street, or nonhighway road for recreational off-road vehicle use. [2006 c 212 §
2; 2005 c 213 § 4.]
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.010.
46.09.117 Operation by persons under thirteen. (1)
Except as specified in subsection (2) of this section, no person under thirteen years of age may operate an off-road vehicle on or across a highway or nonhighway road in this state.
(2) Persons under thirteen years of age may operate an
off-road vehicle on a nonhighway road designated for offroad vehicle use under the direct supervision of a person
eighteen years of age or older possessing a valid license to
operate a motor vehicle under chapter 46.20 RCW. [2005 c
213 § 5.]
46.09.117
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.010.
46.09.120 Operating violations—Exceptions. (1)
Except as provided in subsection (4) of this section, it is a
traffic infraction for any person to operate any nonhighway
vehicle:
(a) In such a manner as to endanger the property of
another;
(b) On lands not owned by the operator or owner of the
nonhighway vehicle without a lighted headlight and taillight
between the hours of dusk and dawn, or when otherwise
required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the
nonhighway vehicle without an adequate braking device or
when otherwise required for the safety of others regardless of
ownership;
(d) Without a spark arrester approved by the department
of natural resources;
(e) Without an adequate, and operating, muffling device
which effectively limits vehicle noise to no more than eightysix decibels on the "A" scale at fifty feet as measured by the
Society of Automotive Engineers (SAE) test procedure J
331a, except that a maximum noise level of one hundred and
five decibels on the "A" scale at a distance of twenty inches
from the exhaust outlet shall be an acceptable substitute in
lieu of the Society of Automotive Engineers test procedure J
331a when measured:
(i) At a forty-five degree angle at a distance of twenty
inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at
a steady speed equal to one-half of the manufacturer’s maximum allowable ("red line") engine speed or where the manufacturer’s maximum allowable engine speed is not known the
test speed in revolutions per minute calculated as sixty per46.09.120
46.09.110 Disposition of ORV moneys. The moneys
collected by the department under this chapter shall be distributed from time to time but at least once a year in the following manner:
The department shall retain enough money to cover
expenses incurred in the administration of this chapter: PROVIDED, That such retention shall never exceed eighteen percent of fees collected.
The remaining moneys shall be distributed for ORV recreation facilities by the board in accordance with RCW
46.09.170(2)(d)(ii)(A). [2007 c 241 § 14; 2004 c 105 § 2;
1986 c 206 § 6; 1985 c 57 § 60; 1977 ex.s. c 220 § 9; 1972
ex.s. c 153 § 11; 1971 ex.s. c 47 § 16.]
46.09.110
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1985 c 57: See note following RCW 18.04.105.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.115 Authorized and prohibited uses. (1) Except
as otherwise provided in this section, it is lawful to operate an
off-road vehicle upon:
(a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or
private authority responsible for the management of the nonhighway road authorizes the use of off-road vehicles; and
(b) A street, road, or highway as authorized under RCW
46.09.180.
(2) Operations of an off-road vehicle on a nonhighway
road, or on a street, road, or highway as authorized under
RCW 46.09.180, under this section is exempt from licensing
46.09.115
[Title 46 RCW—page 24]
(2008 Ed.)
Off-Road and Nonhighway Vehicles
cent of the speed at which maximum horsepower is developed; and
(iii) With the microphone placed ten inches from the side
of the vehicle, one-half way between the lowest part of the
vehicle body and the ground plane, and in the same lateral
plane as the rearmost exhaust outlet where the outlet of the
exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the
nonhighway vehicle upon the shoulder or inside bank or
slope of any nonhighway road or highway, or upon the
median of any divided highway;
(g) On lands not owned by the operator or owner of the
nonhighway vehicle in any area or in such a manner so as to
unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing
crops, or other vegetation;
(h) On lands not owned by the operator or owner of the
nonhighway vehicle or on any nonhighway road or trail,
when these are restricted to pedestrian or animal travel;
(i) On any public lands in violation of rules and regulations of the agency administering such lands; and
(j) On a private nonhighway road in violation of RCW
46.09.115(3).
(2) It is a misdemeanor for any person to operate any
nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance.
(3)(a) Except for an off-road vehicle equipped with seat
belts and roll bars or an enclosed passenger compartment, it
is a traffic infraction for any person to operate or ride an offroad vehicle on a nonhighway road without wearing upon his
or her head a motorcycle helmet fastened securely while in
motion. For purposes of this section, "motorcycle helmet"
has the same meaning as provided in RCW 46.37.530.
(b) Subsection (3)(a) of this section does not apply to an
off-road vehicle operator operating on his or her own land.
(c) Subsection (3)(a) of this section does not apply to an
off-road vehicle operator operating on agricultural lands
owned or leased by the off-road vehicle operator or the operator’s employer.
(4) It is not a traffic infraction to operate an off-road
vehicle on a street, road, or highway as authorized under
RCW 46.09.180. [2006 c 212 § 3; 2005 c 213 § 3; 2003 c 377
§ 1; 1979 ex.s. c 136 § 41; 1977 ex.s. c 220 § 10; 1972 ex.s. c
153 § 12; 1971 ex.s. c 47 § 17.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.130 Additional violations—Penalty. (1) No person may operate a nonhighway vehicle in such a way as to
endanger human life.
(2) No person shall operate a nonhighway vehicle in
such a way as to run down or harass any wildlife or animal,
nor carry, transport, or convey any loaded weapon in or upon,
nor hunt from, any nonhighway vehicle except by permit
issued by the director of fish and wildlife under RCW
77.32.237: PROVIDED, That it shall not be unlawful to
46.09.130
(2008 Ed.)
46.09.170
carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and
conditions of chapter 9.41 RCW.
(3) For the purposes of this section, "hunt" means any
effort to kill, injure, capture, or purposely disturb a wild animal or bird.
(4) Violation of this section is a gross misdemeanor.
[2004 c 105 § 4; (2004 c 105 § 3 expired July 1, 2004); 2003
c 53 § 233; 1994 c 264 § 35; 1989 c 297 § 3; 1986 c 206 § 7;
1977 ex.s. c 220 § 11; 1971 ex.s. c 47 § 18.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Expiration dates—Effective dates—2004 c 105 §§ 3-6: "(1) Section
3 of this act expires July 1, 2004.
(2) Section 4 of this act takes effect July 1, 2004.
(3) Section 5 of this act expires June 30, 2005.
(4) Section 6 of this act takes effect June 30, 2005." [2004 c 105 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.140 Accident reports. The operator of any nonhighway vehicle involved in any accident resulting in injury
to or death of any person, or property damage to another to an
apparent extent equal to or greater than the minimum amount
established by rule adopted by the chief of the Washington
state patrol in accordance with chapter 46.52 RCW, or a person acting for the operator shall submit such reports as are
required under chapter 46.52 RCW, and the provisions of
chapter 46.52 RCW applies to the reports when submitted.
[1990 c 250 § 25; 1977 ex.s. c 220 § 12; 1971 ex.s. c 47 § 19.]
46.09.140
Severability—1990 c 250: See note following RCW 46.16.301.
46.09.150 Motor vehicle fuel excise taxes on fuel for
nonhighway vehicles not refundable. Motor vehicle fuel
excise taxes paid on fuel used and purchased for providing
the motive power for nonhighway vehicles shall not be
refundable in accordance with the provisions of RCW
82.36.280 as it now exists or is hereafter amended. [1977
ex.s. c 220 § 13; 1974 ex.s. c 144 § 1; 1972 ex.s. c 153 § 13;
1971 ex.s. c 47 § 20.]
46.09.150
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.165 Nonhighway and off-road vehicle activities
program account. The nonhighway and off-road vehicle
activities program account is created in the state treasury.
Moneys in this account are subject to legislative appropriation. The recreation and conservation funding board shall
administer the account for purposes specified in this chapter
and shall hold it separate and apart from all other money,
funds, and accounts of the board. Grants, gifts, or other
financial assistance, proceeds received from public bodies as
administrative cost contributions, and any moneys made
available to the state of Washington by the federal government for outdoor recreation may be deposited into the
account. [2007 c 241 § 15; 1995 c 166 § 11.]
46.09.165
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
46.09.170 Refunds from motor vehicle fund—Distribution—Use
(as amended by 2007 c 241). (1) From time to time, but at least once each
year, the state treasurer shall refund from the motor vehicle fund one percent
46.09.170
[Title 46 RCW—page 25]
46.09.170
Title 46 RCW: Motor Vehicles
of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel
from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one
cents per gallon of motor vehicle fuel from July 1, 2007, through June 30,
2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1,
2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor
vehicle fuel beginning July 1, 2011, and thereafter, less proper deductions
for refunds and costs of collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and
information programs and maintenance of nonhighway roads;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and
wildlife solely for the acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely for
the acquisition, planning, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the nonhighway
and off-road vehicle activities program account to be administered by the
((committee)) board for planning, acquisition, development, maintenance,
and management of ORV, nonmotorized, and nonhighway road recreation
facilities and for education, information, and law enforcement programs.
The funds under this subsection shall be expended in accordance with the
following limitations:
(i) Not more than thirty percent may be expended for education, information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in
(d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the ((committee)) board receives under RCW 46.09.110, may be expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be
known as Ira Spring outdoor recreation facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway road
recreation facilities;
(iii) The ((committee)) board may waive the minimum percentage cited
in (d)(ii) of this subsection due to insufficient requests for funds or projects
that score low in the ((committee’s)) board’s project evaluation. Funds
remaining after such a waiver must be allocated in accordance with ((committee)) board policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.09.110, expend more than ten percent of the funds it receives under this
chapter for general administration expenses incurred in carrying out this
chapter.
(4) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to
the ((interagency committee for outdoor recreation)) board, the department
of natural resources, the department of fish and wildlife, and the state parks
and recreation commission. This appropriation is not required to follow the
specific distribution specified in subsection (2) of this section. [2007 c 241
§ 16; 2004 c 105 § 6; (2004 c 105 § 5 expired June 30, 2005). Prior: (2003
1st sp.s. c 26 § 920 expired June 30, 2005); 2003 1st sp.s. c 25 § 922; 2003 c
361 § 407; 1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42 § 115; 1988 c 36 § 25;
1986 c 206 § 8; 1979 c 158 § 130; 1977 ex.s. c 220 § 14; 1975 1st ex.s. c 34
§ 1; 1974 ex.s. c 144 § 3; 1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
46.09.170
46.09.170 Refunds from motor vehicle fund—Distribution—Use
(as amended by 2007 c 522). (1) From time to time, but at least once each
year, the state treasurer shall refund from the motor vehicle fund one percent
of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel
from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one
cents per gallon of motor vehicle fuel from July 1, 2007, through June 30,
[Title 46 RCW—page 26]
2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1,
2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor
vehicle fuel beginning July 1, 2011, and thereafter, less proper deductions
for refunds and costs of collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and
information programs and maintenance of nonhighway roads;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and
wildlife solely for the acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely for
the acquisition, planning, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the nonhighway
and off-road vehicle activities program account to be administered by the
committee for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities
and for education, information, and law enforcement programs. The funds
under this subsection shall be expended in accordance with the following
limitations:
(i) Not more than thirty percent may be expended for education, information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in
(d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the committee
receives under RCW 46.09.110, may be expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be
known as Ira Spring outdoor recreation facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway road
recreation facilities;
(iii) The committee may waive the minimum percentage cited in (d)(ii)
of this subsection due to insufficient requests for funds or projects that score
low in the committee’s project evaluation. Funds remaining after such a
waiver must be allocated in accordance with committee policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.09.110, expend more than ten percent of the funds it receives under this
chapter for general administration expenses incurred in carrying out this
chapter.
(4) During the ((2003-05)) 2007-09 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance in the
NOVA account to ((the interagency committee for outdoor recreation,)) the
department of natural resources((, the department of fish and wildlife, and
the state parks and recreation commission)) for planning and designing consistent off-road vehicle signage at department-managed recreation sites, and
for planning recreation opportunities on department-managed lands in the
Reiter block and Ahtanum state forest. This appropriation is not required to
follow the specific distribution specified in subsection (2) of this section.
[2007 c 522 § 953; 2004 c 105 § 6; (2004 c 105 § 5 expired June 30, 2005).
Prior: (2003 1st sp.s. c 26 § 920 expired June 30, 2005); 2003 1st sp.s. c 25
§ 922; 2003 c 361 § 407; 1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42 § 115;
1988 c 36 § 25; 1986 c 206 § 8; 1979 c 158 § 130; 1977 ex.s. c 220 § 14; 1975
1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3; 1972 ex.s. c 153 § 15; 1971 ex.s. c 47
§ 22.]
Reviser’s note: RCW 46.09.170 was amended twice during the 2007
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Effective date—2007 c 522: See notes following RCW
15.64.050.
Expiration dates—Effective dates—2004 c 105 §§ 3-6: See note following RCW 46.09.130.
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Severability—Effective date—2003 1st sp.s. c 25: See note following
RCW 19.28.351.
(2008 Ed.)
Off-Road and Nonhighway Vehicles
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
46.09.280
*Reviser’s note: RCW 43.30.310 was recodified as RCW 43.12.065
pursuant to 2003 c 334 § 127.
46.09.240 Administration and distribution of ORV
moneys. (1) After deducting administrative expenses and the
expense of any programs conducted under this chapter, the
board shall, at least once each year, distribute the funds it
receives under RCW 46.09.110 and 46.09.170 to state agencies, counties, municipalities, federal agencies, nonprofit
ORV organizations, and Indian tribes. Funds distributed
under this section to nonprofit ORV organizations may be
spent only on projects or activities that benefit ORV recreation on lands once publicly owned that come into private
ownership in a federally approved land exchange completed
between January 1, 1998, and January 1, 2005.
(2) The board shall adopt rules governing applications
for funds administered by the recreation and conservation
office under this chapter and shall determine the amount of
money distributed to each applicant. Agencies receiving
funds under this chapter for capital purposes shall consider
the possibility of contracting with the state parks and recreation commission, the department of natural resources, or
other federal, state, and local agencies to employ the youth
development and conservation corps or other youth crews in
completing the project.
(3) The board shall require each applicant for acquisition
or development funds under this section to comply with the
requirements of either the state environmental policy act,
chapter 43.21C RCW, or the national environmental policy
act (42 U.S.C. Sec. 4321 et seq.). [2007 c 241 § 17; 2004 c
105 § 7; 1998 c 144 § 1; 1991 c 363 § 122; 1986 c 206 § 9;
1977 ex.s. c 220 § 17.]
46.09.240
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.180 Regulation by local political subdivisions
or state agencies. Notwithstanding any of the provisions of
this chapter, any city, county, or other political subdivision of
this state, or any state agency, may regulate the operation of
nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets, roads, or highways
within its boundaries by adopting regulations or ordinances
of its governing body, provided such regulations are not less
stringent than the provisions of this chapter. However, the
legislative body of a city with a population of less than three
thousand persons may, by ordinance, designate a street or
highway within its boundaries to be suitable for use by offroad vehicles. The legislative body of a county may, by ordinance, designate a road or highway within its boundaries to
be suitable for use by off-road vehicles if the road or highway
is a direct connection between a city with a population of less
than three thousand persons and an off-road vehicle recreation facility. [2006 c 212 § 4; 1977 ex.s. c 220 § 15; 1971
ex.s. c 47 § 23.]
46.09.180
46.09.190 General penalty—Civil liability. (1) Except
as provided in RCW 46.09.120(2) and 46.09.130 as now or
hereafter amended, violation of the provisions of this chapter
is a traffic infraction for which a penalty of not less than
twenty-five dollars may be imposed.
(2) In addition to the penalties provided in subsection (1)
of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the
result of travel by the nonhighway vehicle. The owner of
such property may recover from the person responsible three
times the amount of damage. [1979 ex.s. c 136 § 42; 1977
ex.s. c 220 § 16; 1972 ex.s. c 153 § 16; 1971 ex.s. c 47 § 24.]
46.09.190
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.200 Enforcement. The provisions of this chapter
shall be enforced by all persons having the authority to
enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their
deputies, all municipal law enforcement officers within their
respective jurisdictions, fish and wildlife officers, state park
rangers, and those employees of the department of natural
resources designated by the commissioner of public lands
under RCW *43.30.310, 76.04.035, and 76.04.045. [2001 c
253 § 3; 1986 c 100 § 52; 1971 ex.s. c 47 § 25.]
46.09.200
(2008 Ed.)
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.250 Statewide plan. The board shall maintain a
statewide plan which shall be updated at least once every
third biennium and shall be used by all participating agencies
to guide distribution and expenditure of funds under this
chapter. [2007 c 241 § 18; 1986 c 206 § 11; 1977 ex.s. c 220
§ 18.]
46.09.250
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.280 Nonhighway and off-road vehicle activities
advisory committee. (1) The board shall establish the nonhighway and off-road vehicle activities advisory committee
to provide advice regarding the administration of this chapter.
The committee consists of governmental representatives,
land managers, and a proportional representation of persons
with recreational experience in areas identified in the most
recent fuel use study, including but not limited to people with
ORV, hiking, equestrian, mountain biking, hunting, fishing,
and wildlife viewing experience.
(2) After the advisory committee has made recommendations regarding the expenditure of the fuel tax revenue portion of the nonhighway and off-road vehicle account moneys,
46.09.280
[Title 46 RCW—page 27]
46.09.900
Title 46 RCW: Motor Vehicles
the advisory committee’s ORV and mountain biking recreationists, governmental representatives, and land managers
will make recommendations regarding the expenditure of
funds received under RCW 46.09.110.
(3) At least once a year, the board, the department of natural resources, the department of fish and wildlife, and the
state parks and recreation commission shall report to the nonhighway and off-road vehicle activities advisory committee
on the expenditures of funds received under RCW 46.09.110
and 46.09.170 and must proactively seek the advisory committee’s advice regarding proposed expenditures.
(4) The advisory committee shall advise these agencies
regarding the allocation of funds received under RCW
46.09.170 to ensure that overall expenditures reflect consideration of the results of the most recent fuel use study. [2007
c 241 § 19; 2004 c 105 § 8; 2003 c 185 § 1; 1986 c 206 § 13.]
Intent—Effective date—2007 c 241: See notes following RCW
79A.25.005.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.900 Severability—1971 ex.s. c 47. If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this
1971 amendatory act, or the application of the provision to
other persons or circumstances is not affected. [1971 ex.s. c
47 § 26.]
46.09.900
Chapter 46.10
Chapter 46.10 RCW
SNOWMOBILES
Sections
46.10.010
46.10.020
46.10.030
46.10.040
46.10.043
46.10.050
46.10.055
46.10.060
46.10.070
46.10.075
46.10.080
46.10.090
46.10.100
46.10.110
46.10.120
46.10.130
46.10.140
46.10.150
46.10.160
46.10.170
46.10.180
46.10.185
46.10.190
46.10.200
46.10.210
46.10.220
46.10.900
46.10.910
Definitions.
Operation of snowmobile without registration prohibited.
Ownership or operation of snowmobile without registration
prohibited—Exceptions.
Application for registration—Annual fees—Registration number—Term—Renewal—Transfer—Nonresident permit—
Decals.
Registration or transfer of registration pursuant to sale by
dealer—Temporary registration.
Snowmobile dealers’ registration—Fee—Dealer number
plates, use—Sale or demonstration unlawful without registration.
Denial, suspension, or revocation of dealer registration or
assessment of monetary civil penalty, when.
Registration number permanent—Certificate of registration,
date tags.
Affixing and displaying registration number.
Snowmobile account—Deposits—Appropriations, use.
Distribution of snowmobile registration fees, civil penalties,
and fuel tax moneys.
Operating violations.
Crossing public roadways and highways lawful, when.
Operating upon public road or highway lawful, when.
Restrictions on age of operators—Qualifications.
Additional violations—Penalty.
Accident reports.
Refund of snowmobile fuel tax to snowmobile account.
Snowmobile fuel excise tax nonrefundable.
Amount of snowmobile fuel tax paid as motor vehicle fuel tax.
Regulation by political subdivisions, state agencies.
Local authorities may provide for safety and convenience.
Violations as traffic infractions—Exceptions—Civil liability.
Enforcement.
Administration.
Snowmobile advisory committee.
Severability—1971 ex.s. c 29.
Short title.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
[Title 46 RCW—page 28]
46.10.010 Definitions. As used in this chapter the
words and phrases in this section shall have the designated
meanings unless a different meaning is expressly provided or
the context otherwise clearly indicated.
(1) "Person" shall mean any individual, firm, partnership, association, or corporation.
(2) "Snowmobile" shall mean any self-propelled vehicle
capable of traveling over snow or ice, which utilizes as its
means of propulsion an endless belt tread, or cleats, or any
combination of these or other similar means of contact with
the surface upon which it is operated, and which is steered
wholly or in part by skis or sled type runners, and which is not
otherwise registered as, or subject to the motor vehicle excise
tax in the state of Washington.
(3) "Vintage snowmobile" means a snowmobile manufactured at least thirty years ago.
(4) "All terrain vehicle" shall mean any self-propelled
vehicle other than a snowmobile, capable of cross-country
travel on or immediately over land, water, snow, ice, marsh,
swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground
effect or air cushion vehicles, and any other means of land
transportation deriving motive power from any source other
than muscle or wind; except any vehicle designed primarily
for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.
(5) "Owner" shall mean the person, other than a lienholder, having the property in or title to a snowmobile or all
terrain vehicle, and entitled to the use or possession thereof.
(6) "Operator" means each person who operates, or is in
physical control of, any snowmobile or all terrain vehicle.
(7) "Public roadway" shall mean the entire width of the
right-of-way of any road or street designed and ordinarily
used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state
department of transportation, and which is open as a matter of
right to the general public for ordinary vehicular traffic.
(8) "Highways" shall mean the entire width of the rightof-way of all primary and secondary state highways, including all portions of the interstate highway system.
(9) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling snowmobiles
or all terrain vehicles at wholesale or retail in this state.
(10) "Department" shall mean the department of licensing.
(11) "Director" shall mean the director of the department
of licensing.
(12) "Commission" shall mean the Washington state
parks and recreation commission.
(13) "Hunt" shall mean any effort to kill, injure, capture,
or disturb a wild animal or wild bird.
(14) "Committee" means the Washington state parks and
recreation commission snowmobile advisory committee.
[2005 c 235 § 1; 1979 ex.s. c 182 § 1; 1979 c 158 § 131; 1971
ex.s. c 29 § 1.]
46.10.010
Application—2005 c 235: "This act applies to registrations due or to
become due on October 1, 2005, and thereafter." [2005 c 235 § 4.]
46.10.020 Operation of snowmobile without registration prohibited. (1) Except as provided in this chapter, a
person may not operate any snowmobile within this state
46.10.020
(2008 Ed.)
Snowmobiles
unless such snowmobile has been registered in accordance
with the provisions of this chapter.
(2) A registration number shall be assigned, without payment of a fee, to snowmobiles owned by the state of Washington or its political subdivisions, and the assigned registration number shall be displayed upon each snowmobile in
such manner as provided by rules adopted by the department.
[2008 c 52 § 1; 2005 c 235 § 2; 1982 c 17 § 1; 1979 ex.s. c
182 § 3; 1971 ex.s. c 29 § 2.]
Application—2005 c 235: See note following RCW 46.10.010.
46.10.030 Ownership or operation of snowmobile
without registration prohibited—Exceptions. No registration shall be required under the provisions of this chapter for
the following described snowmobiles:
(1) Snowmobiles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) A snowmobile owned by a resident of another state
or Canadian province if that snowmobile is registered in
accordance with the laws of the state or province in which its
owner resides, but only to the extent that a similar exemption
or privilege is granted under the laws of that state or province
for snowmobiles registered in this state: PROVIDED, That
any snowmobile which is validly registered in another state
or province and which is physically located in this state for a
period of more than fifteen consecutive days shall be subject
to registration under the provisions of this chapter. [1986 c
16 § 1; 1979 ex.s. c 182 § 4; 1975 1st ex.s. c 181 § 1; 1971
ex.s. c 29 § 3.]
46.10.030
46.10.050
tration, and the application shall be accompanied by a transfer fee of five dollars.
(4) A snowmobile owned by a resident of another state
or Canadian province where registration is not required by
law may be issued a nonresident registration permit valid for
not more than sixty days. Application for the permit shall
state the name and address of each owner of the snowmobile
to be registered and shall be signed by at least one owner and
shall be accompanied by a registration fee of five dollars.
The registration permit shall be carried on the vehicle at all
times during its operation in this state.
(5) The registration fees provided in this section shall be
in lieu of any personal property or excise tax heretofore
imposed on snowmobiles by this state or any political subdivision thereof, and no city, county, or other municipality, and
no state agency shall hereafter impose any other registration
or license fee on any snowmobile in this state.
(6) The department shall make available a pair of uniform decals consistent with the provisions of RCW
46.10.070. In addition to the registration fee provided in this
section the department shall charge each applicant for registration the actual cost of the decal. The department shall
make available replacement decals for a fee equivalent to the
actual cost of the decals. [2008 c 52 § 2; 2005 c 235 § 3; 2002
c 352 § 2; 2001 2nd sp.s. c 7 § 918; 1997 c 241 § 2; 1996 c
164 § 1; 1986 c 16 § 2; 1982 c 17 § 2; 1979 ex.s. c 182 § 5;
1973 1st ex.s. c 128 § 1; 1972 ex.s. c 153 § 20; 1971 ex.s. c
29 § 4.]
Application—2005 c 235: See note following RCW 46.10.010.
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.10.040 Application for registration—Annual
fees—Registration number—Term—Renewal—Transfer—Nonresident permit—Decals. (1) Application for registration shall be made to the department in the manner and
upon forms the department prescribes, and shall state the
name and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and
shall be accompanied by an annual registration fee as
described in (a) of this subsection.
(a) The annual registration fee for snowmobiles manufactured less than thirty years is thirty dollars. The annual
registration fee for vintage snowmobiles is twelve dollars.
The department shall design, in cooperation with the commission, a distinct registration decal which shall be issued to
vintage snowmobiles upon payment of the annual registration
fee.
(b) Upon receipt of the application and the application
fee, the snowmobile shall be registered and a registration
number assigned, which shall be affixed to the snowmobile in
a manner provided in RCW 46.10.070.
(2) The registration provided in this section shall be valid
for a period of one year. At the end of the period of registration, every owner of a snowmobile in this state shall renew
his or her registration in the manner the department prescribes, for an additional period of one year, upon payment of
the annual registration fee.
(3) Any person acquiring a snowmobile already validly
registered under the provisions of this chapter must, within
ten days of the acquisition or purchase of the snowmobile,
make application to the department for transfer of the regis46.10.040
(2008 Ed.)
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Purpose—Policy statement as to certain state lands—1972 ex.s. c
153: See RCW 79A.35.070.
46.10.043 Registration or transfer of registration
pursuant to sale by dealer—Temporary registration.
Each snowmobile dealer registered pursuant to the provisions
of RCW 46.10.050 shall register the snowmobile or, in the
event the snowmobile is currently registered, transfer the registration to the new owner prior to delivering the snowmobile
to that new owner subsequent to the sale thereof by the
dealer. Applications for registration and transfer of registration of snowmobiles shall be made to agents of the department authorized as such in accordance with RCW 46.01.140
and 46.01.150 as now or hereafter amended.
All registrations for snowmobiles must be valid for the
current registration period prior to the transfer of any registration, including assignment to a dealer. Upon the sale of a
snowmobile by a dealer, the dealer may issue a temporary
registration as provided by rules adopted by the department.
[1982 c 17 § 3; 1979 ex.s. c 182 § 6; 1975 1st ex.s. c 181 § 4.]
46.10.043
46.10.050 Snowmobile dealers’ registration—Fee—
Dealer number plates, use—Sale or demonstration
unlawful without registration. (1) Each dealer of snowmobiles in this state shall register with the department in such
manner and upon such forms as the department shall prescribe. Upon receipt of a dealer’s application for registration
and the registration fee provided for in subsection (2) of this
46.10.050
[Title 46 RCW—page 29]
46.10.055
Title 46 RCW: Motor Vehicles
section, such dealer shall be registered and a registration
number assigned.
(2) The registration fee for dealers shall be twenty-five
dollars per year, and such fee shall cover all of the snowmobiles offered by a dealer for sale and not rented on a regular,
commercial basis: PROVIDED, That snowmobiles rented on
a regular commercial basis by a dealer shall be registered separately under the provisions of RCW 46.10.020, 46.10.040,
46.10.060, and 46.10.070.
(3) Upon registration each dealer may purchase, at a cost
to be determined by the department, dealer number plates of
a size and color to be determined by the department, which
shall contain the registration number assigned to that dealer.
Each snowmobile operated by a dealer, dealer representative,
or prospective customer for the purposes of demonstration or
testing shall display such number plates in a clearly visible
manner.
(4) No person other than a dealer, dealer representative,
or prospective customer shall display a dealer number plate,
and no dealer, dealer representative, or prospective customer
shall use a dealer’s number plate for any purpose other than
the purposes described in subsection (3) of this section.
(5) Dealer registration numbers are nontransferable.
(6) It is unlawful for any dealer to sell any snowmobile at
wholesale or retail, or to test or demonstrate any snowmobile,
within the state, unless registered in accordance with the provisions of this section. [1990 c 250 § 26; 1982 c 17 § 5; 1971
ex.s. c 29 § 5.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.10.055 Denial, suspension, or revocation of dealer
registration or assessment of monetary civil penalty,
when. The director may by order deny, suspend, or revoke
the registration of any snowmobile dealer or, in lieu thereof
or in addition thereto, may by order assess monetary civil
penalties not to exceed five hundred dollars per violation, if
the director finds that the order is in the public interest and
that the applicant or registrant, or any partner, officer, director, or owner of ten percent of the assets of the firm, or any
employee or agent:
(1) Has failed to comply with the applicable provisions
of this chapter or any rules adopted under this chapter; or
(2) Has failed to pay any monetary civil penalty assessed
by the director under this section within ten days after the
assessment becomes final. [1982 c 17 § 4.]
46.10.055
46.10.060 Registration number permanent—Certificate of registration, date tags. The registration number
assigned to a snowmobile in this state at the time of its original registration shall remain with that snowmobile until the
vehicle is destroyed, abandoned, or permanently removed
from this state, or until changed or terminated by the department. The department shall, upon assignment of such registration number, issue and deliver to the owner a certificate of
registration, in such form as the department shall prescribe.
The certificate of registration shall not be valid unless signed
by the person who signed the application for registration.
At the time of the original registration, and at the time of
each subsequent renewal thereof, the department shall issue
to the registrant a date tag or tags indicating the validity of the
46.10.060
[Title 46 RCW—page 30]
current registration and the expiration date thereof, which
validating date, tag, or tags shall be affixed to the snowmobile in such manner as the department may prescribe. Notwithstanding the fact that a snowmobile has been assigned a
registration number, it shall not be considered as validly registered within the meaning of this section unless a validating
date tag and current registration certificate has been issued.
[1971 ex.s. c 29 § 6.]
46.10.070 Affixing and displaying registration number. The registration number assigned to each snowmobile
shall be permanently affixed to and displayed upon each
snowmobile in such manner as provided by rules adopted by
the department, and shall be maintained in a legible condition; except dealer number plates as provided for in RCW
46.10.050 may be temporarily affixed. [1973 1st ex.s. c 128
§ 2; 1972 ex.s. c 153 § 21; 1971 ex.s. c 29 § 7.]
46.10.070
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.075 Snowmobile account—Deposits—Appropriations, use. There is created a snowmobile account
within the state treasury. Snowmobile registration fees, monetary civil penalties from snowmobile dealers, and snowmobile fuel tax moneys collected under this chapter and in
excess of the amounts fixed for the administration of the registration and fuel tax provisions of this chapter shall be
deposited in the snowmobile account and shall be appropriated only to the state parks and recreation commission for the
administration and coordination of this chapter. [1991 sp.s. c
13 § 9; 1985 c 57 § 61; 1982 c 17 § 6; 1979 ex.s. c 182 § 7.]
46.10.075
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
46.10.080 Distribution of snowmobile registration
fees, civil penalties, and fuel tax moneys. The moneys collected by the department as snowmobile registration fees,
monetary civil penalties from snowmobile dealers, and fuel
tax moneys placed in the snowmobile account shall be distributed in the following manner:
(1) Actual expenses not to exceed three percent for each
year shall be retained by the department to cover expenses
incurred in the administration of the registration and fuel tax
provisions of this chapter.
(2) The remainder of such funds each year shall be remitted to the state treasurer to be deposited in the snowmobile
account of the general fund and shall be appropriated only to
the commission to be expended for snowmobile purposes.
Such purposes may include but not necessarily be limited to
the administration, acquisition, development, operation, and
maintenance of snowmobile facilities and development and
implementation of snowmobile safety, enforcement, and education programs.
(3) Nothing in this section is intended to discourage any
public agency in this state from developing and implementing snowmobile programs. The commission is authorized to
make grants to public agencies and to contract with any public or private agency or person for the purpose of developing
and implementing snowmobile programs, provided that the
programs are not inconsistent with the rules adopted by the
46.10.080
(2008 Ed.)
Snowmobiles
commission. [1982 c 17 § 7; 1979 ex.s. c 182 § 8; 1975 1st
ex.s. c 181 § 2; 1973 1st ex.s. c 128 § 3; 1972 ex.s. c 153 § 22;
1971 ex.s. c 29 § 8.]
Purpose—Including policy statement as to certain state lands—
1972 ex.s. c 153: See RCW 79A.35.070.
46.10.090 Operating violations. (1) It is a traffic
infraction for any person to operate any snowmobile:
(a) At a rate of speed greater than reasonable and prudent
under the existing conditions.
(b) In a manner so as to endanger the property of another.
(c) Without a lighted headlight and taillight between the
hours of dusk and dawn, or when otherwise required for the
safety of others.
(d) Without an adequate braking device which may be
operated either by hand or foot.
(e) Without an adequate and operating muffling device
which shall effectively blend the exhaust and motor noise in
such a manner so as to preclude excessive or unusual noise,
and, (i) on snowmobiles manufactured on or before January
4, 1973, which shall effectively limit such noise at a level of
eighty-six decibels, or below, on the "A" scale at fifty feet,
and (ii) on snowmobiles manufactured after January 4, 1973,
which shall effectively limit such noise at a level of eightytwo decibels, or below, on the "A" scale at fifty feet, and (iii)
on snowmobiles manufactured after January 1, 1975, which
shall effectively limit such noise at a level of seventy-eight
decibels, or below, as measured on the "A" scale at a distance
of fifty feet, under testing procedures as established by the
department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose
may use a bypass or cutout device. This section shall not
affect the power of the department of ecology to adopt noise
performance standards for snowmobiles. Noise performance
standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this section, but the department’s standards shall supersede this section to the extent of any inconsistency.
(f) Upon the paved portion or upon the shoulder or inside
bank or slope of any public roadway or highway, or upon the
median of any divided highway, except as provided in RCW
46.10.100 and 46.10.110.
(g) In any area or in such a manner so as to expose the
underlying soil or vegetation, or to injure, damage, or destroy
trees or growing crops.
(h) Without a current registration decal affixed thereon,
if not exempted under RCW 46.10.030 as now or hereafter
amended.
(2) It is a misdemeanor for any person to operate any
snowmobile so as to endanger the person of another or while
under the influence of intoxicating liquor or narcotics or
habit-forming drugs. [1980 c 148 § 1. Prior: 1979 ex.s. c 182
§ 10; 1979 ex.s. c 136 § 43; 1975 1st ex.s. c 181 § 5; 1971
ex.s. c 29 § 9.]
46.10.090
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 148: "Sections 1 through 7 of this 1980 act
shall take effect January 1, 1981. Section 8 of this 1980 act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing institutions, and shall take effect
immediately." [1980 c 148 § 9.]
(2008 Ed.)
46.10.130
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.100 Crossing public roadways and highways
lawful, when. It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when:
The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where
no obstruction prevents a quick and safe crossing; and
The snowmobile is brought to a complete stop before
entering the public roadway or highway; and
The operator of the snowmobile yields the right-of-way
to motor vehicles using the public roadway or highway; and
The crossing is made at a place which is greater than one
hundred feet from any public roadway or highway intersection. [1971 ex.s. c 29 § 10.]
46.10.100
46.10.110 Operating upon public road or highway
lawful, when. Notwithstanding the provisions of RCW
46.10.100, it shall be lawful to operate a snowmobile upon a
public roadway or highway:
Where such roadway or highway is completely covered
with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter
months; or
When the responsible governing body gives notice that
such roadway or highway is open to snowmobiles or all-terrain vehicle use; or
In an emergency during the period of time when and at
locations where snow upon the roadway or highway renders
such impassible to travel by automobile; or
When traveling along a designated snowmobile trail.
[1972 ex.s. c 153 § 23; 1971 ex.s. c 29 § 11.]
46.10.110
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.120 Restrictions on age of operators—Qualifications. No person under twelve years of age shall operate a
snowmobile on or across a public roadway or highway in this
state, and no person between the ages of twelve and sixteen
years of age shall operate a snowmobile on or across a public
road or highway in this state unless he has taken a snowmobile safety education course and been certified as qualified to
operate a snowmobile by an instructor designated by the
commission as qualified to conduct such a course and issue
such a certificate, and he has on his person at the time he is
operating a snowmobile evidence of such certification: PROVIDED, That persons under sixteen years of age who have
not been certified as qualified snowmobile operators may
operate a snowmobile under the direct supervision of a qualified snowmobile operator. [1972 ex.s. c 153 § 24; 1971 ex.s.
c 29 § 12.]
46.10.120
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.130 Additional violations—Penalty. (1) No person shall operate a snowmobile in such a way as to endanger
human life.
(2) No person shall operate a snowmobile in such a way
as to run down or harass deer, elk, or any wildlife, or any
domestic animal, nor shall any person carry any loaded
weapon upon, nor hunt from, any snowmobile except by per46.10.130
[Title 46 RCW—page 31]
46.10.140
Title 46 RCW: Motor Vehicles
mit issued by the director of fish and wildlife under RCW
77.32.237.
(3) Any person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 234; 1994 c 264 § 37; 1989 c 297
§ 4; 1979 ex.s. c 182 § 11; 1971 ex.s. c 29 § 13.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.10.180 Regulation by political subdivisions, state
agencies. Notwithstanding any of the provisions of this
chapter, any city, county, or other political subdivision of this
state, or any state agency, may regulate the operation of
snowmobiles on public lands, waters, and other properties
under its jurisdiction, and on streets or highways within its
boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not inconsistent
with the provisions of this chapter; and provided further that
no such city, county, or other political subdivision of this
state, nor any state agency, may adopt a regulation or ordinance which imposes a special fee for the use of public lands
or waters by snowmobiles, or for the use of any access thereto
which is owned by or under the jurisdiction of either the
United States, this state, or any such city, county, or other
political subdivision. [1971 ex.s. c 29 § 18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.10.140 Accident reports. The operator of any snowmobile involved in any accident resulting in injury to or death
of any person, or property damage to an apparent extent equal
to or greater than the minimum amount established by rule
adopted by the Washington state patrol in accordance with
chapter 46.52 RCW, or a person acting for the operator, or the
owner of the snowmobile having knowledge of the accident,
if the operator of the snowmobile is unknown, shall submit
such reports as are required under chapter 46.52 RCW, and
the provisions of chapter 46.52 RCW applies to the reports
when submitted. [1990 c 250 § 27; 1971 ex.s. c 29 § 14.]
46.10.140
Severability—1990 c 250: See note following RCW 46.16.301.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.10.180
46.10.185 Local authorities may provide for safety
and convenience. Notwithstanding any other provisions of
this chapter, the local governing body may provide for the
safety and convenience of snowmobiles and snowmobile
operators. Such provisions may include, but shall not necessarily be limited to, the clearing of areas for parking automobiles, the construction and maintenance of rest areas, and the
designation and development of given areas for snowmobile
use. [1972 ex.s. c 153 § 25.]
46.10.185
46.10.150 Refund of snowmobile fuel tax to snowmobile account. From time to time, but at least once each biennium, the director shall request the state treasurer to refund
from the motor vehicle fund amounts which have been determined to be a tax on snowmobile fuel, and the treasurer shall
refund such amounts determined under RCW 46.10.170, and
place them in the snowmobile account in the general fund.
[1994 c 262 § 3; 1979 ex.s. c 182 § 12; 1975 1st ex.s. c 181 §
3; 1973 1st ex.s. c 128 § 4; 1971 ex.s. c 29 § 15.]
46.10.150
46.10.160 Snowmobile fuel excise tax nonrefundable.
Motor vehicle fuel used and purchased for providing the
motive power for snowmobiles shall be considered a nonhighway use of fuel, but persons so purchasing and using
motor vehicle fuel shall not be entitled to a refund of the
motor vehicle fuel excise tax paid in accordance with the provisions of RCW 82.36.280 as it now exists or is hereafter
amended. [1971 ex.s. c 29 § 16.]
46.10.160
46.10.170 Amount of snowmobile fuel tax paid as
motor vehicle fuel tax. From time to time, but at least once
each four years, the department shall determine the amount of
moneys paid to it as motor vehicle fuel tax that is tax on
snowmobile fuel. Such determination shall use one hundred
thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and a fuel tax rate of: (1)
Nineteen cents per gallon of motor vehicle fuel from July 1,
2003, through June 30, 2005; (2) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007;
(3) twenty-one cents per gallon of motor vehicle fuel from
July 1, 2007, through June 30, 2009; (4) twenty-two cents per
gallon of motor vehicle fuel from July 1, 2009, through June
30, 2011; and (5) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter. [2003 c 361 §
408; 1994 c 262 § 4; 1993 c 54 § 7; 1990 c 42 § 117; 1979
ex.s. c 182 § 13; 1971 ex.s. c 29 § 17.]
46.10.170
[Title 46 RCW—page 32]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.190 Violations as traffic infractions—Exceptions—Civil liability. (1) Except as provided in RCW
46.10.090(2), 46.10.055, and 46.10.130, any violation of the
provisions of this chapter is a traffic infraction: PROVIDED, That the penalty for failing to display a valid registration decal under RCW 46.10.090 as now or hereafter
amended shall be a fine of forty dollars and such fine shall be
remitted to the general fund of the governmental unit, which
personnel issued the citation, for expenditure solely for snowmobile law enforcement.
(2) In addition to the penalties provided in RCW
46.10.090 and subsection (1) of this section, the operator
and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount of
any damage to trees, shrubs, growing crops, or other property
injured as the result of travel by such snowmobile over the
property involved. [1982 c 17 § 8; 1980 c 148 § 2. Prior:
1979 ex.s. c 182 § 14; 1979 ex.s. c 136 § 44; 1975 1st ex.s. c
181 § 6; 1971 ex.s. c 29 § 19.]
46.10.190
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.200 Enforcement. The provisions of this chapter
shall be enforced by all persons having the authority to
enforce any of the laws of this state, including, without limi46.10.200
(2008 Ed.)
Certificates of Ownership and Registration
tation, officers of the state patrol, county sheriffs and their
deputies, all municipal law enforcement officers within their
respective jurisdictions, fish and wildlife officers, state park
rangers, and those employees of the department of natural
resources designated by the commissioner of public lands
under *RCW 43.30.310, as having police powers to enforce
the laws of this state. [2001 c 253 § 4; 1980 c 78 § 131; 1971
ex.s. c 29 § 20.]
*Reviser’s note: RCW 43.30.310 was recodified as RCW 43.12.065
pursuant to 2003 c 334 § 127.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
46.10.210 Administration. With the exception of the
registration and licensing provisions, this chapter shall be
administered by the Washington state parks and recreation
commission. The department shall consult with the commission prior to adopting rules to carry out its duties under this
chapter. After consultation with the committee, the commission shall adopt such rules as may be necessary to carry out
its duties under this chapter. Nothing in this chapter is
intended to discourage experimental or pilot programs which
could enhance snowmobile safety or recreational snowmobiling. [1979 ex.s. c 182 § 15; 1973 1st ex.s. c 128 § 5.]
46.10.210
46.10.220 Snowmobile advisory committee. (1) There
is created in the Washington state parks and recreation commission a snowmobile advisory committee to advise the commission regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise
the commission in the planned development of snowmobile
facilities and programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the commission; each such member shall be a resident of one of the
six geographical areas throughout this state where snowmobile activity occurs, as defined by the commission;
(b) Three representatives of the nonsnowmobiling public, appointed by the commission; and
(c) One representative of the department of natural
resources, one representative of the department of fish and
wildlife, and one representative of the Washington state association of counties; each of whom shall be appointed by the
director of such department or association.
(4) Terms of the members appointed under subsection
(3)(a) and (b) of this section shall commence on October 1st
of the year of appointment and shall be for three years or until
a successor is appointed, except in the case of appointments
to fill vacancies which shall be for the remainder of the unexpired term: PROVIDED, That the first such members shall
be appointed for terms as follows: Three members shall be
appointed for one year, three members shall be appointed for
two years, and three members shall be appointed for three
years.
(5) Members of the committee shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Expenditures under this subsection shall be from
the snowmobile account created by RCW 46.10.075.
(6) The committee may meet at times and places fixed by
the committee. The committee shall meet not less than twice
each year and additionally as required by the committee
Chapter 46.12
chairman or by majority vote of the committee. One of the
meetings shall be coincident with a meeting of the commission at which the committee shall provide a report to the commission. The chairman of the committee shall be chosen
under procedures adopted by the committee from those members appointed under subsection (3)(a) and (b) of this section.
(7) The Washington state parks and recreation commission shall serve as recording secretary to the committee. A
representative of the department of licensing shall serve as an
ex officio member of the committee and shall be notified of
all meetings of the committee. The recording secretary and
the ex officio member shall be nonvoting members.
(8) The committee shall adopt procedures to govern its
proceedings. [1994 c 264 § 38; 1989 c 175 § 110; 1988 c 36
§ 26; 1987 c 330 § 1201. Prior: 1986 c 270 § 9; 1986 c 16 §
3; 1983 c 139 § 1; 1979 ex.s. c 182 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.10.900 Severability—1971 ex.s. c 29. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or
the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 29 § 21.]
46.10.900
46.10.220
(2008 Ed.)
46.10.910 Short title. This chapter may be known and
cited as the "Snowmobile act". [1971 ex.s. c 29 § 22.]
46.10.910
Chapter 46.12
Chapter 46.12 RCW
CERTIFICATES OF OWNERSHIP
AND REGISTRATION
Sections
46.12.005
46.12.010
46.12.020
46.12.030
46.12.040
46.12.042
46.12.045
46.12.047
46.12.050
46.12.055
46.12.060
46.12.070
46.12.075
46.12.080
46.12.095
46.12.101
46.12.102
46.12.103
46.12.105
46.12.124
46.12.130
46.12.151
46.12.160
46.12.170
46.12.181
46.12.190
46.12.200
46.12.210
Definitions.
Certificates required to operate and sell vehicles—Manufacturers or dealers, security interest, how perfected.
Prerequisite to issuance of vehicle license and plates.
Certificate of ownership—Application—Contents—Examination of vehicle.
Certificate of ownership—Fees.
Emergency medical services fee.
Off-road vehicles, certificate of ownership for title purposes
only.
Stolen vehicle check.
Issuance of certificates—Contents.
Certificate of ownership—Manufactured homes.
Procedure when identification number altered or obliterated.
Destruction of vehicle—Surrender of certificates, penalty—
Notice of settlement by insurance company.
Rebuilt vehicles.
Procedure on installation of different motor—Penalty.
Requirements for perfecting security interest.
Transfer of ownership—Requirements—Penalty, exceptions.
Release of owner from liability—Requirements.
Transitional ownership record.
Transfer of ownership of mobile home, county assessor notified—Evidence of taxes paid.
Odometer disclosure statement.
Assigned certificate of ownership to be filed by department—
Transfer of interest in vehicle.
Procedure when department unsatisfied as to ownership and
security interests.
Refusal or cancellation of certificate—Notice—Penalty for
subsequent operation.
Procedure when security interest is granted on vehicle.
Duplicate for lost, stolen, mutilated, etc., certificates.
Legal owner not liable for acts of registered owner.
State or director not liable for acts in administering chapter.
Penalty for false statements or illegal transfers.
[Title 46 RCW—page 33]
46.12.005
46.12.215
46.12.220
46.12.230
46.12.240
46.12.250
46.12.260
46.12.270
46.12.280
46.12.290
46.12.295
46.12.300
46.12.310
46.12.320
46.12.330
46.12.340
46.12.350
46.12.370
46.12.380
46.12.390
46.12.420
46.12.430
46.12.440
46.12.450
46.12.500
46.12.510
Title 46 RCW: Motor Vehicles
Unlawful sale of certificate of ownership.
Alteration or forgery—Penalty.
Permit to licensed wrecker to junk vehicle—Fee.
Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.
Ownership of motor vehicle by person under eighteen prohibited—Exceptions.
Sale or transfer of motor vehicle ownership to person under
eighteen prohibited.
Penalty for violation of RCW 46.12.250 or 46.12.260.
Campers—Application to—Rules and regulations.
Mobile or manufactured homes, application of chapter to—
Rules.
Mobile homes—Titling functions transferred to department of
community, trade, and economic development.
Serial numbers on vehicles, watercraft, campers, or parts—
Buying, selling, etc., with numbers removed, altered, etc.—
Penalty.
Serial numbers—Seizure and impoundment of vehicles, etc.—
Notice to interested persons—Release to owner, etc.
Serial numbers—Disposition of vehicles, etc., authorized,
when.
Serial numbers—Hearing—Appeal—Removal to court—
Release.
Serial numbers—Release of vehicle, etc.
Assignment of new serial number.
Lists of registered and legal owners of vehicles—Furnished
for certain purposes—Penalty for unauthorized use.
Disclosure of names and addresses of individual vehicle owners.
Disclosure violations, penalties.
Street rod vehicles.
Parts cars.
Kit vehicles—Application for certificate of ownership.
Kit vehicles—Issuance of certificate of ownership or registration.
Commercial vehicle—Compliance statement.
Donations for organ donation awareness.
Classification of manufactured homes: Chapter 65.20 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
46.12.005 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) The words "delivery," "notice," "send," and "security
interest" have the same meaning as these terms are defined in
RCW 62A.1-201; the word "secured party" has the same
meaning as this term is defined in RCW 62A.9A-102.
(2) "Salvage vehicle" means a vehicle whose certificate
of ownership has been surrendered to the department under
RCW 46.12.070 due to the vehicle’s destruction or declaration as a total loss or for which there is documentation indicating that the vehicle has been declared salvage or has been
damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the
cost of parts and labor plus the salvage value has made it
uneconomical to repair the vehicle. The term does not include
a motor vehicle having a model year designation of a calendar year that is at least six years before the calendar year in
which the vehicle was wrecked, destroyed, or damaged,
unless, after June 13, 2002, and immediately before the vehicle was wrecked, destroyed, or damaged, the vehicle had a
retail fair market value of at least the then market value
threshold amount and has a model year designation of a calendar year not more than twenty years before the calendar
year in which the vehicle was wrecked, destroyed, or damaged. "Market value threshold amount" means six thousand
five hundred dollars or such greater amount as is then in
effect by rule of the department in accordance with this section. If, for any year beginning with 2002, the Consumer
Price Index for All Urban Consumers, compiled by the
Bureau of Labor Statistics, United States Department of
46.12.005
[Title 46 RCW—page 34]
Labor, or its successor, for the West Region, in the expenditure category "used cars and trucks," shows an increase in the
annual average for that year compared to that of the year
immediately prior, the department shall, by rule, increase the
then market value threshold amount by the same percentage
as the percentage increase of the annual average, with the
increase of the market value threshold amount to be effective
on July 1st of the year immediately after the year with the
increase of the annual average. However, the market value
threshold amount may not be increased if the amount of the
increase would be less than fifty dollars, and each increase of
the market value threshold amount will be rounded to the
nearest ten dollars. If an increase in the market value threshold amount is not made because the increase would be less
than fifty dollars, the unmade increase will be carried forward
and added to later year calculations of increase until the
unmade increase is included in an increase made to the market value threshold amount. [2002 c 245 § 1; 1996 c 26 § 1;
1967 c 140 § 5.]
Effective date—1967 c 140: See note following RCW 46.12.010.
46.12.010 Certificates required to operate and sell
vehicles—Manufacturers or dealers, security interest,
how perfected. It shall be unlawful for any person to operate
any vehicle in this state under a certificate of license registration of this state without securing and having in full force and
effect a certificate of ownership therefor that contains the
name of the registered owner exactly as it appears on the certificate of license registration and it shall further be unlawful
for any person to sell or transfer any vehicle without complying with all the provisions of this chapter relating to certificates of ownership and license registration of vehicles: PROVIDED, No certificate of title need be obtained for a vehicle
owned by a manufacturer or dealer and held for sale, even
though incidentally moved on the highway or used for purposes of testing and demonstration, or a vehicle used by a
manufacturer solely for testing: PROVIDED, That a security
interest in a vehicle held as inventory by a manufacturer or
dealer shall be perfected in accordance with *RCW 62A.9302(1) and no endorsement on the certificate of title shall be
necessary for perfection: AND PROVIDED FURTHER,
That nothing in this title shall be construed to prevent any
person entitled thereto from securing a certificate of ownership upon a vehicle without securing a certificate of license
registration and vehicle license plates, when, in the judgment
of the director of licensing, it is proper to do so. [1997 c 241
§ 3; 1979 c 158 § 132; 1975 c 25 § 6; 1967 c 140 § 1; 1967 c
32 § 6; 1961 c 12 § 46.12.010. Prior: 1937 c 188 § 2; RRS §
6312-2.]
46.12.010
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1967 c 140: "This act shall become effective at midnight on June 30, 1967. It applies to transactions entered into and events
occurring after that date." [1967 c 140 § 11.]
Definitions: RCW 46.12.005.
46.12.020 Prerequisite to issuance of vehicle license
and plates. No vehicle license number plates or certificate of
license registration, whether original issues or duplicates,
may be issued or furnished by the department unless the
46.12.020
(2008 Ed.)
Certificates of Ownership and Registration
applicant, at the same time, makes satisfactory application for
a certificate of ownership or presents satisfactory evidence
that such a certificate of ownership covering the vehicle has
been previously issued. [1989 c 337 § 22. Prior: 1987 c 388
§ 9; 1987 c 244 § 1; 1985 c 424 § 1; 1975 c 25 § 7; 1967 c 32
§ 7; 1961 c 12 § 46.12.020; prior: 1947 c 164 § 1, part; 1937
c 188 § 3, part; Rem. Supp. 1947 § 6312-2, part.]
Effective date—1989 c 337 § 22: "Section 22 of this act shall take
effect January 1, 1990." [1989 c 337 § 23.]
Effective date—1987 c 388 § 9: "Section 9 of this act shall take effect
January 1, 1990." [1987 c 388 § 14.]
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: "Section 1 of this act shall take effect on
January 1, 1990. Sections 9, 10, and 15 through 58 of this act shall take effect
on January 1, 1988." [1987 c 244 § 59.]
Effective date—1985 c 424: "This act shall take effect on January 1,
1990." [1986 c 174 § 1; 1985 c 424 § 2.]
Allowing unauthorized person to drive, penalty: RCW 46.16.011.
Notice of liability insurance requirement: RCW 46.16.212.
46.12.030 Certificate of ownership—Application—
Contents—Examination of vehicle. (1) The application for
a certificate of ownership shall be upon a form furnished or
approved by the department and shall contain:
(a) A full description of the vehicle, which shall contain
the proper vehicle identification number, the number of miles
indicated on the odometer at the time of delivery of the vehicle, and any distinguishing marks of identification;
(b) The name and address of the person who is to be the
registered owner of the vehicle and, if the vehicle is subject to
a security interest, the name and address of the secured party;
(c) Such other information as the department may
require.
(2) The department may in any instance, in addition to
the information required on the application, require additional information and a physical examination of the vehicle
or of any class of vehicles, or either.
(3)(a) A physical examination of the vehicle is mandatory if (i) it has been rebuilt after surrender of the certificate
of ownership to the department under RCW 46.12.070 due to
the vehicle’s destruction or declaration as a total loss and (ii)
it is not retained by the registered owner at the time of the
vehicle’s destruction or declaration as a total loss. The
inspection must verify that the vehicle identification number
is genuine and agrees with the number shown on the title and
registration certificate. The inspection must be made by a
member of the Washington state patrol or other person authorized by the department to make such inspections.
(b)(i) A physical examination of the vehicle is mandatory if the vehicle was declared totaled or salvage under the
laws of this state, or the vehicle is presented with documents
from another state showing the vehicle was totaled or salvage
and has not been reissued a valid registration from that state
after the declaration of total loss or salvage.
(ii) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on
the original documents supporting the vehicle purchase or
ownership.
(iii) A Washington state patrol VIN specialist must
ensure that all major component parts used for the reconstruction of a salvage or rebuildable vehicle were obtained
46.12.030
(2008 Ed.)
46.12.030
legally. Original invoices for new and used parts must be
from a vendor that is registered with the department of revenue for the collection of retail sales or use taxes or comparable agency in the jurisdiction where the major component
parts were purchased. The invoices must include the name
and address of the business, a description of the part or parts
sold, the date of sale, and the amount of sale to include all
taxes paid unless exempted by the department of revenue or
comparable agency in the jurisdiction where the major component parts were purchased. Original invoices for used parts
must be from a vehicle wrecker licensed under chapter 46.80
RCW or a comparable business in the jurisdiction outside
Washington state where the major component part was purchased. If the parts or components were purchased from a
private individual, the private individual must have title to the
vehicle the parts were taken from, except as provided by
RCW 46.04.3815, and the bill of sale for the parts must be
notarized. The bills of sale must include the names and
addresses of the sellers and purchasers, a description of the
vehicle, the part or parts being sold, including the make,
model, year, and identification or serial number, that date of
sale, and the purchase price of the vehicle or part or parts. If
the presenter is unable to provide an acceptable release of
interest or proof of ownership for a vehicle or major component part as described above, an inspection must be completed for ownership-in-doubt purposes as prescribed by
WAC 308-56A-210.
(iv) A vehicle presented for inspection must have all
damaged major component parts replaced or repaired to meet
RCW and WAC requirements before inspection of the salvage vehicle by the Washington state patrol.
(4) To the extent that the Washington state patrol has a
backlog of vehicle inspections that it is to perform under this
section, chapter 420, Laws of 2007 shall not be construed to
reduce the vehicle inspection workload of the Washington
state patrol.
(5) Rebuilt or salvage vehicles licensed in Washington
must meet the requirements found under chapter 46.37 RCW
to be driven upon public roadways.
(6) The application shall be subscribed by the person
applying to be the registered owner and be sworn to by that
applicant in the manner described by RCW 9A.72.085. The
department shall retain the application in either the original,
computer, or photostatic form. [2007 c 420 § 1; 2005 c 173 §
1; 2004 c 188 § 1; 2001 c 125 § 1. Prior: 1995 c 274 § 1;
1995 c 256 § 23; 1990 c 238 § 1; 1975 c 25 § 8; 1974 ex.s. c
128 § 1; 1972 ex.s. c 99 § 2; 1967 c 32 § 8; 1961 c 12 §
46.12.030; prior: 1947 c 164 § 1, part; 1937 c 188 § 3, part;
Rem. Supp. 1947 § 6312-2, part.]
Effective date—2001 c 125: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 125 § 5.]
Effective date, implementation—1990 c 238: "This act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take
effect May 1, 1990. The director of licensing shall immediately take such
steps as are necessary to ensure that this act is implemented on its effective
date." [1990 c 238 § 9.]
Effective date—1974 ex.s. c 128: "This 1974 amendatory act shall take
effect July 1, 1974." [1974 ex.s. c 128 § 3.]
Notice of liability insurance requirement: RCW 46.16.212.
[Title 46 RCW—page 35]
46.12.040
Title 46 RCW: Motor Vehicles
46.12.040 Certificate of ownership—Fees. (1) The
application for an original certificate of ownership accompanied by a draft, money order, certified bank check, or cash for
five dollars, together with the last preceding certificates or
other satisfactory evidence of ownership, shall be forwarded
to the director.
(2) The fee shall be in addition to any other fee for the
license registration of the vehicle. The certificate of ownership shall not be required to be renewed annually, or at any
other time, except as by law provided.
(3) In addition to the application fee and any other fee for
the license registration of a vehicle, the department shall collect from the applicant a fee of fifteen dollars for vehicles
previously registered in any other state or country. The proceeds from the fee shall be deposited in accordance with
RCW 46.68.020. For vehicles requiring a physical examination, the inspection fee shall be sixty-five dollars, fifteen dollars of which shall be deposited into the state patrol highway
account created under RCW 46.68.030, and the remainder of
which shall be deposited in accordance with RCW 46.68.020.
[2007 c 420 § 2; 2004 c 200 § 1; 2002 c 352 § 3; 2001 c 125
§ 2; 1990 c 238 § 2; 1989 c 110 § 1; 1975 1st ex.s. c 138 § 1;
1974 ex.s. c 128 § 2; 1961 c 12 § 46.12.040. Prior: 1951 c
269 § 1; 1947 c 164 § 1, part; 1937 c 188 § 3, part; Rem.
Supp. 1947 § 6312-3, part.]
46.12.040
Effective date—2004 c 200: "This act takes effect July 1, 2004." [2004
c 200 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2001 c 125: See note following RCW 46.12.030.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1974 ex.s. c 128: See note following RCW 46.12.030.
46.12.042 Emergency medical services fee. (1) Upon
the retail sale or lease of any new or used motor vehicle by a
vehicle dealer, the dealer shall collect from the consumer an
emergency medical services fee of six dollars and fifty cents,
two dollars and fifty cents of which shall be an administrative
fee to be retained by the vehicle dealer. The remainder of the
fee shall be forwarded with the required title application and
all other fees to the department of licensing, or any of its
authorized agents. The four-dollar fee collected in this section shall be deposited in the emergency medical services and
trau ma care system tr ust accoun t created in RCW
70.168.040. The administrative fee charged by a dealer shall
not be considered a violation of RCW 46.70.180(2).
(2) If a fee is not imposed under subsection (1) of this
section, there is hereby imposed a fee of six dollars and fifty
cents at the time of application for (a) an original title or
transfer of title issued on any motor vehicle pursuant to this
chapter or chapter 46.09 RCW, or (b) an original transaction
or transfer of ownership transaction of a vehicle under chapter 46.10 RCW. The department of licensing or any of its
authorized agents shall collect the fee when processing these
transactions. The fee shall be transmitted to the emergency
medical services and trauma care system trust account created in RCW 70.168.040.
(3) This section does not apply to a motor vehicle that
has been declared a total loss by an insurer or self-insurer
unless an application for certificate of ownership or license
46.12.042
[Title 46 RCW—page 36]
registration is made to the department of licensing after the
declaration of total loss. [1997 c 331 § 5.]
Effective date—1997 c 331: See note following RCW 70.168.135.
46.12.045 Off-road vehicles, certificate of ownership
for title purposes only. The department shall issue a certificate of ownership valid for title purposes only to the owner of
an off-road vehicle as defined in RCW 46.09.020. The owner
shall pay the fees established by RCW 46.12.040. Issuance of
such certificate does not qualify the vehicle for licensing
under chapter 46.16 RCW. [1986 c 186 § 4.]
46.12.045
46.12.047 Stolen vehicle check. The department shall
institute software and systems modifications to enable a
WACIC/NCIC stolen vehicle search of out-of-state vehicles
as part of the title transaction. During the stolen vehicle
search, if the information obtained indicates the vehicle is
stolen, that information shall be immediately reported to the
state patrol and the applicant shall not be issued a certificate
of ownership for the vehicle. Vehicles for which the stolen
vehicle check is negative shall be issued a certificate of ownership if the department is satisfied that all other requirements have been met. [2002 c 246 § 1; 2001 c 125 § 3.]
46.12.047
Effective date—2001 c 125: See note following RCW 46.12.030.
46.12.050 Issuance of certificates—Contents. The
department, if satisfied from the statements upon the application that the applicant is the legal owner of the vehicle or otherwise entitled to have a certificate of ownership thereof in
the applicant’s name, shall issue an appropriate electronic
record of ownership or a written certificate of ownership,
over the director’s signature, authenticated by seal, and if
required, a new written certificate of license registration if
certificate of license registration is required.
The certificates of ownership and the certificates of
license registration shall contain upon the face thereof, the
date of application, the registration number assigned to the
registered owner and to the vehicle, the name and address of
the registered owner and legal owner, the vehicle identification number, and such other description of the vehicle and
facts as the department shall require, and in addition thereto,
if the vehicle described in such certificates shall have ever
been licensed and operated as an exempt vehicle or a taxicab,
or if it has been rebuilt after becoming a salvage vehicle, such
fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles issued
after April 30, 1990, shall reflect the odometer reading as
provided by the odometer disclosure statement submitted
with the title application involving a transfer of ownership.
A blank space shall be provided on the face of the certificate of license registration for the signature of the registered
owner.
Upon issuance of the certificate of license registration
and certificate of ownership and upon any reissue thereof, the
department shall deliver the certificate of license registration
to the registered owner and the certificate of ownership to the
legal owner, or both to the person who is both the registered
owner and legal owner. [1996 c 26 § 2; 1993 c 307 § 1; 1990
c 238 § 3; 1975 c 25 § 9; 1967 c 32 § 9; 1961 c 12 §
46.12.050
(2008 Ed.)
Certificates of Ownership and Registration
46.12.050. Prior: 1959 c 166 § 1; 1947 c 164 § 2; 1937 c 188
§ 4; Rem. Supp. 1947 § 6312-4.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.055 Certificate of ownership—Manufactured
homes. The certificate of ownership for a manufactured
home may be eliminated or not issued when the manufactured home is registered pursuant to chapter 65.20 RCW.
When the certificate of ownership is eliminated or not issued
the application for license shall be recorded in the county
property records of the county where the real property to
which the home is affixed is located. All license fees and
taxes applicable to mobile homes under this chapter are due
and shall be collected prior to recording the ownership with
the county auditor. [1989 c 343 § 19.]
46.12.055
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
46.12.060 Procedure when identification number
altered or obliterated. Before the department shall issue a
certificate of ownership, or reissue such a certificate, covering any vehicle, the identification number of which has been
altered, removed, obliterated, defaced, omitted, or is otherwise absent, the registered owner of the vehicle shall file an
application with the department, accompanied by a fee of five
dollars, upon a form provided, and containing such facts and
information as shall be required by the department for the
assignment of a special number for such vehicle. Upon
receipt of such application, the department, if satisfied the
applicant is entitled to the assignment of an identification
number, shall designate a special identification number for
such vehicle, which shall be noted upon the application therefor, and likewise upon a suitable record of the authorization
of the use thereof, to be kept by the department. This assigned
identification number shall be placed or stamped in a conspicuous position upon the vehicle in such manner and form
as may be prescribed by the department. Upon receipt by the
department of an application for a certificate of ownership or
application for reissue of such certificate and the required fee
therefor, the department shall use such number as the numerical or alpha-numerical identification marks for the vehicle in
any certificate of license registration or certificate of ownership that may thereafter be issued therefor. [2001 c 125 § 4;
1975 c 25 § 10; 1974 ex.s. c 36 § 1; 1961 c 12 § 46.12.060.
Prior: 1959 c 166 § 3; prior: 1951 c 269 § 2; 1947 c 164 §
3(a); 1939 c 182 § 1(a); 1937 c 188 § 5(a); Rem. Supp. 1947
§ 6312-5(a).]
46.12.060
Effective date—2001 c 125: See note following RCW 46.12.030.
Effective date—1974 ex.s. c 36: "This 1974 amendatory act shall take
effect on July 1, 1974." [1974 ex.s. c 36 § 2.]
46.12.070 Destruction of vehicle—Surrender of certificates, penalty—Notice of settlement by insurance company. (1) Upon the destruction of any vehicle issued a certificate of ownership under this chapter or a license registration
under chapter 46.16 RCW, the registered owner and the legal
owner shall forthwith and within fifteen days thereafter forward and surrender the certificate to the department, together
with a statement of the reason for the surrender and the date
and place of destruction. Failure to notify the department or
46.12.070
(2008 Ed.)
46.12.080
the possession by any person of any such certificate for a
vehicle so destroyed, after fifteen days following its destruction, is prima facie evidence of violation of the provisions of
this chapter and constitutes a gross misdemeanor.
(2) Any insurance company settling an insurance claim
on a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration under
chapter 46.16 RCW as a total loss, less salvage value, shall
notify the department thereof within fifteen days after the settlement of the claim. Notification shall be provided regardless of where or in what jurisdiction the total loss occurred.
(3) For a motor vehicle having a model year designation
at least six years before the calendar year of destruction, the
notification to the department must include a statement of
whether the retail fair market value of the motor vehicle
immediately before the destruction was at least the then market value threshold amount as defined in RCW 46.12.005.
[2003 c 53 § 235; 2002 c 245 § 2; 1990 c 250 § 28; 1961 c 12
§ 46.12.070. Prior: 1959 c 166 § 4; prior: 1947 c 164 § 3(b);
1939 c 182 § 1(b); 1937 c 188 § 5(b); Rem. Supp. 1947 §
6312-5(b).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
46.12.075 Rebuilt vehicles. (1) Effective January 1,
1997, the department shall issue a unique certificate of ownership and certificate of license registration, as required by
chapter 46.16 RCW, for vehicles that are rebuilt after becoming a salvage vehicle. Each certificate shall conspicuously
display across its front, a word indicating that the vehicle was
rebuilt.
(2) Beginning January 1, 1997, upon inspection of a salvage vehicle that has been rebuilt under RCW 46.12.030, the
state patrol shall securely affix or inscribe a marking at the
driver’s door latch pillar indicating that the vehicle has previously been destroyed or declared a total loss.
(3) It is a class C felony for a person to remove the marking prescribed in subsection (2) of this section.
(4) The department may adopt rules as necessary to
implement this section. [1996 c 26 § 3; 1995 c 256 § 24.]
46.12.075
46.12.080 Procedure on installation of different
motor—Penalty. Any person holding the certificate of ownership for a motorcycle or any vehicle registered by its motor
number in which there has been installed a new or different
motor than that with which it was issued certificates of ownership and license registration shall forthwith and within five
days after such installation forward and surrender such certificates to the department, together with an application for
issue of corrected certificates of ownership and license registration and a fee of five dollars, and a statement of the disposition of the former motor. The possession by any person of
any such certificates for such vehicle in which a new or different motor has been installed, after five days following such
installation, shall be prima facie evidence of a violation of the
provisions of this chapter and shall constitute a misdemeanor.
[2002 c 352 § 4; 1997 c 241 § 4; 1979 ex.s. c 113 § 1; 1961 c
12 § 46.12.080. Prior: 1959 c 166 § 5; prior: 1951 c 269 § 3;
1947 c 164 § 3(c); 1939 c 182 § 1(c); 1937 c 188 § 5(c); Rem.
Supp. 1947 § 6312-5(c).]
46.12.080
[Title 46 RCW—page 37]
46.12.095
Title 46 RCW: Motor Vehicles
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.12.095 Requirements for perfecting security
interest. A security interest in a vehicle other than one held
as inventory by a manufacturer or a dealer and for which a
certificate of ownership is required is perfected only by compliance with the requirements of RCW 46.12.103 under the
circumstances provided for therein or by compliance with the
requirements of this section:
(1) A security interest is perfected by the department’s
receipt of: (a) The existing certificate, if any, and (b) an
application for a certificate of ownership containing the name
and address of the secured party, and (c) tender of the
required fee.
(2) A security interest is perfected as of the time of its
creation if the secured party’s name and address appear on
the outstanding certificate of ownership; otherwise, as of the
date on which the department has received the papers and fee
required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when
brought into this state, perfection of the security interest is
determined by the law of the jurisdiction where the vehicle
was when the security interest was attached, subject to the
following:
(a) If the security interest was perfected under the law of
the jurisdiction where the vehicle was when the security
interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the
security interest continues perfected in this state. The name of
the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest
continues perfected in this state upon the issuance of such
ownership certificate.
(c) If the security interest was not perfected under the
law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in
that case, perfection dates from the time of perfection in this
state. [2000 c 250 § 9A-822; 1998 c 203 § 10; 1969 ex.s. c
170 § 16; 1967 c 140 § 6.]
46.12.095
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.101 Transfer of ownership—Requirements—
Penalty, exceptions. A transfer of ownership in a motor
vehicle is perfected by compliance with the requirements of
this section.
(1)(a) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the
vehicle, execute an assignment to the transferee and provide
an odometer disclosure statement under RCW 46.12.124 on
the certificate of ownership or as the department otherwise
prescribes, and cause the certificate and assignment to be
transmitted to the transferee. The owner shall notify the
department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the name
and address of the owner and of the transferee, the trans46.12.101
[Title 46 RCW—page 38]
feree’s driver’s license number if available, and such description of the vehicle, including the vehicle identification number, as may be required in the appropriate form provided or
approved for that purpose by the department. The report of
sale will be deemed properly filed if all information required
in this section is provided on the form and includes a department-authorized notation that the document was received by
the department, its agents, or subagents on or before the fifth
day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents
shall immediately electronically transmit the seller’s report of
sale to the department. Reports of sale processed and
recorded by the department’s agents or subagents may be
subject to fees as specified in RCW 46.01.140 (4)(a) or
(5)(b). By January 1, 2003, the department shall create a system enabling the seller of a vehicle to transmit the report of
sale electronically. The system created by the department
must immediately indicate on the department’s vehicle
record that a seller’s report of sale has been filed.
(b) By January 1, 2008, the department shall provide
instructions on release of interest forms that allow the seller
of a vehicle to release his or her interest in a vehicle at the
same time a financial institution, as defined in RCW
30.22.040, releases its lien on the vehicle.
(2) The requirements of subsection (1) of this section to
provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and
then to the lessor at the end of the leasehold and to vehicles
held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW 46.70.122 the transferee
shall within fifteen days after delivery to the transferee of the
vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate
or as the department prescribes, and cause the certificates and
application to be transmitted to the department accompanied
by a fee of five dollars in addition to any other fees required.
(4) Upon request of the owner or transferee, a secured
party in possession of the certificate of ownership shall,
unless the transfer was a breach of its security agreement,
either deliver the certificate to the transferee for transmission
to the department or, when the secured party receives the
owner’s assignment from the transferee, it shall transmit the
transferee’s application for a new certificate, the existing certificate, and the required fee to the department. Compliance
with this section does not affect the rights of the secured
party.
(5) If a security interest is reserved or created at the time
of the transfer, the certificate of ownership shall be retained
by or delivered to the person who becomes the secured party,
and the parties shall comply with the provisions of RCW
46.12.170.
(6) If the purchaser or transferee fails or neglects to make
application to transfer the certificate of ownership and license
registration within fifteen days after the date of delivery of
the vehicle, he or she shall on making application for transfer
be assessed a twenty-five dollar penalty on the sixteenth day
and two dollars additional for each day thereafter, but not to
exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed
when an application for transfer is delayed for reasons
beyond the control of the purchaser. Conditions for not
(2008 Ed.)
Certificates of Ownership and Registration
assessing the penalty may be established for but not limited to
delays caused by:
(a) The department requesting additional supporting
documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent;
(e) The transferee had no knowledge of the filing of the
vehicle report of sale and signs an affidavit to the fact.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five
days after the date of delivery of the vehicle is a misdemeanor
and a continuing offense for each day during which the purchaser or transferee does not make application to transfer the
certificate of ownership and license registration. Despite the
continuing nature of this offense, it shall be considered a single offense, regardless of the number of days that have
elapsed following the forty-five day time period.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary,
the department shall, if the application is in order and if all
provisions relating to the certificate of ownership and license
registration have been complied with, issue new certificates
of title and license registration as in the case of an original
issue and shall transmit the fees together with an itemized
detailed report to the state treasurer.
(8) Once each quarter the department shall report to the
department of revenue a list of those vehicles for which a
seller’s report has been received but no transfer of title has
taken place. [2008 c 316 § 1; 2007 c 96 § 1; 2006 c 291 § 2.
Prior: 2004 c 223 § 1; 2004 c 200 § 2; 2003 c 264 § 7; 2002
c 279 § 1; 1998 c 203 § 11; 1991 c 339 § 19; 1990 c 238 § 4;
1987 c 127 § 1; 1984 c 39 § 1; 1972 ex.s. c 99 § 1; 1969 ex.s.
c 281 § 38; 1969 ex.s. c 42 § 1; 1967 c 140 § 7.]
Effective date—2004 c 200: See note following RCW 46.12.040.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.102 Release of owner from liability—Requirements. (1) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of it to a purchaser shall not by reason of any of the provisions of this title
be deemed the owner of the vehicle so as to be subject to civil
liability or criminal liability for the operation of the vehicle
thereafter by another person when the owner has also fulfilled
both of the following requirements:
(a) When the owner has made proper endorsement and
delivery of the certificate of ownership and has delivered the
certificate of registration as provided in this chapter;
(b) When the owner has delivered to the department
either a properly filed report of sale that includes all of the
information required in RCW 46.12.101(1) and is delivered
to the department within five days of the sale of the vehicle
excluding Saturdays, Sundays, and state and federal holidays,
46.12.102
(2008 Ed.)
46.12.103
or appropriate documents for registration of the vehicle pursuant to the sale or transfer.
(2) An owner who has made a bona fide sale or transfer
of a vehicle, has delivered possession of it to a purchaser, and
has fulfilled the requirements of subsection (1)(a) and (b) of
this section is relieved of liability and liability is transferred
to the purchaser of the vehicle, for any traffic violation under
this title, whether designated as a traffic infraction or classified as a criminal offense, that occurs after the date of the sale
or transfer that is based on the vehicle’s identification,
including, but not limited to, parking infractions, high occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
(3) When a registered tow truck operator submits an
abandoned vehicle report to the department for a vehicle sold
at an abandoned vehicle auction, any previous owner is
relieved of civil or criminal liability for the operation of the
vehicle from the date of sale thereafter, and liability is transferred to the purchaser of the vehicle as listed on the abandoned vehicle report.
(4) When a transferee had no knowledge of the filing of
the vehicle report of sale, he or she is relieved of civil or criminal liability for the operation of the vehicle, and liability is
transferred to the seller shown on the report of sale. [2006 c
291 § 3; 2005 c 331 § 1; 2002 c 279 § 2; 1984 c 39 § 2.]
46.12.103 Transitional ownership record. (1) The
purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely
manner when the certificate of ownership is not available at
the time the security interest is created, and to provide for
timely notification to security interest holders under chapter
46.55 RCW.
(2) A transitional ownership record is only acceptable as
an ownership record for vehicles currently stored on the
department’s computer system and if the certificate of ownership or other authorized proof of ownership for the motor
vehicle is not in the possession of the selling vehicle dealer or
new security interest holder at the time the transitional ownership record is submitted to the department.
(3) A person shall submit the transitional ownership
record to the department or to any of its agents or subagents.
Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A
transitional ownership document processed and recorded by
an agent or subagent may be subject to fees as specified in
RCW 46.01.140 (4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest
holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly
hold a single security interest;
(e) The vehicle identification number, the license plate
number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest
holder who is submitting the transitional ownership record;
and
46.12.103
[Title 46 RCW—page 39]
46.12.105
Title 46 RCW: Motor Vehicles
(g) The transferee’s driver’s license number, if available.
(5) The report of sale form prescribed or approved by the
department under RCW 46.12.101 may be used by a vehicle
dealer as the transitional ownership record.
(6) Compliance with the requirements of this section
shall result in perfection of a security interest in the vehicle as
of the date the department receives the transitional ownership
record and any fee required under subsection (3) of this section. Within ten days of receipt of the certificate of ownership
for the vehicle, or of written confirmation that only an electronic record of ownership exists or that the certificate of
ownership has been lost or destroyed, the selling dealer or
new security interest holder shall promptly submit the same
to the department together with an application for a new certificate of ownership containing the name and address of the
secured party and tender the required fee as provided in RCW
46.12.095(1). In the event a secured party fails to submit an
application within the ten-day time period provided in this
subsection (6), its security interest shall become unperfected,
unless the security interest is perfected otherwise. [2000 c
250 § 9A-823; 1998 c 203 § 12.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
46.12.105 Transfer of ownership of mobile home,
county assessor notified—Evidence of taxes paid. When
the ownership of a mobile home is transferred and the new
owner thereof applies for a new certificate of ownership for
such mobile home, the department of licensing or its agents,
including county auditors, shall notify the county assessor of
the county where such mobile home is located of the change
in ownership including the name and address of the new
owner and the name of the former owner. A certificate of
ownership for a mobile home shall not be transferred or
issued until the department has verified that any taxes due on
the sale of the mobile home under *chapter 82.45 RCW and
any other taxes due under chapter 84.52 RCW have been
paid.
A copy of the real estate excise tax affidavit which has
been stamped by the county treasurer shall be deemed sufficient evidence that the taxes due upon the sale of a used
mobile home have been paid.
A copy of a treasurer certificate, which is prepared by the
treasurer of the county in which the used mobile home is
located and which states that all property taxes due upon the
used mobile home being sold have been satisfied, shall be
deemed sufficient evidence that the property taxes due have
been paid. [1979 ex.s. c 266 § 5; 1979 c 158 § 133; 1971 ex.s.
c 231 § 13.]
46.12.105
*Reviser’s note: This reference has been changed from chapter 28A.45
RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13 and 1981 c
93 § 2. See note following RCW 82.45.010.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.124 Odometer disclosure statement. (1) The
department shall require an odometer disclosure statement to
accompany every application for a certificate of ownership,
unless specifically exempted. If the certificate of ownership
was issued after April 30, 1990, a secure odometer statement
is required, unless specifically exempted. The statements
shall include, at a minimum, the following:
46.12.124
[Title 46 RCW—page 40]
(a) The miles shown on the odometer at the time of transfer of ownership;
(b) The date of transfer of ownership;
(c) One of the following statements:
(i) The mileage reflected is actual to the best of transferor’s knowledge;
(ii) The odometer reading exceeds the mechanical limits
of the odometer to the best of the transferor’s knowledge; or
(iii) The odometer reading is not the actual mileage;
If the odometer reading is under one hundred thousand
miles, the only options that can be certified are "actual to the
best of the transferor’s knowledge" or "not the actual mileage." If the odometer reading is one hundred thousand miles
or more, the options "actual to the best of the transferor’s
knowledge" or "not the actual mileage" cannot be used unless
the odometer has six digit capability;
(d) A complete description of the vehicle, including the:
(i) Model year;
(ii) Make;
(iii) Series and body type (model);
(iv) Vehicle identification number;
(v) License plate number and state (optional);
(e) The name, address, and signature of the transferor, in
accordance with the following conditions:
(i) Only one registered owner is required to complete the
odometer disclosure statement;
(ii) When the registered owner is a business, both the
business name and a company representative’s name must be
shown on the odometer disclosure statement;
(f) The name and address of the transferee and the transferee’s signature to acknowledge the transferor’s information. If the transferee represents a company, both the company name and the agent’s name must be shown on the
odometer disclosure statement;
(g) A statement that the notice is required by the federal
Truth in Mileage Act of 1986; and
(h) A statement that failure to complete the odometer
disclosure statement or providing false information may
result in fines or imprisonment or both.
(2) The transferee shall return a signed copy of the
odometer disclosure statement to the transferor at the time of
transfer of ownership.
(3) The following vehicles are not subject to the odometer disclosure requirement at the time of ownership transfer:
(a) A vehicle having a declared gross vehicle weight of
more than sixteen thousand pounds;
(b) A vehicle that is not self-propelled;
(c) A vehicle that is ten years old or older;
(d) A vehicle sold directly by a manufacturer to a federal
agency in conformity with contract specifications; or
(e) A new vehicle before its first retail sale. [1990 c 238
§ 6.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.130 Assigned certificate of ownership to be
filed by department—Transfer of interest in vehicle. Certificates of ownership when assigned and returned to the
department, together with subsequently assigned reissues
thereof, shall be retained by the department and appropriately
46.12.130
(2008 Ed.)
Certificates of Ownership and Registration
filed and indexed so that at all times it will be possible to
trace ownership to the vehicle designated therein:
(1) If the interest of an owner in a vehicle passes to
another, other than by voluntary transfer, the transferee shall,
except as provided in subsection (3) of this section, promptly
mail or deliver to the department the last certificate of ownership if available, proof of transfer, and his application for a
new certificate in the form the department prescribes.
(2) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a secured party
named in the certificate of ownership, the transferee shall
promptly mail or deliver to the department the last certificate
of ownership, his application for a new certificate in the form
the department prescribes, and an affidavit made by or on the
behalf of the secured party that the vehicle was repossessed
and that the interest of the owner was lawfully terminated or
sold pursuant to the terms of the security agreement.
(3) If the secured party succeeds to the interest of the
owner and holds the vehicle for resale, he need not secure a
new certificate of ownership but, upon transfer to another
person, shall promptly mail or deliver to the transferee or to
the department the certificate, affidavit and other documents
(and articles) required to be sent to the department by the
transferee. [1967 c 140 § 3; 1961 c 12 § 46.12.130. Prior:
1959 c 166 § 11; prior: 1947 c 164 § 4(d); 1937 c 188 § 6(d);
Rem. Supp. 1947 § 6312-6(d).]
Effective date—1967 c 140: See note following RCW 46.12.010.
46.12.170
without reference to the bond. [1990 c 250 § 30; 1967 c 140
§ 9.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.160 Refusal or cancellation of certificate—
Notice—Penalty for subsequent operation. If the department determines at any time that an applicant for certificate
of ownership or for a certificate of license registration for a
vehicle is not entitled thereto, the department may refuse to
issue such certificate or to license the vehicle and may, for
like reason, after notice, and in the exercise of discretion,
cancel license registration already acquired or any outstanding certificate of ownership. Notice of cancellation may be
accomplished by sending a notice by first-class mail using
the last known address in department records for the registered or legal vehicle owner or owners, and recording the
transmittal on an affidavit of first-class mail. It shall then be
unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of ownership or license registration has been issued, and any person removing, driving, or
operating such vehicle after the refusal of the department to
issue certificates or the revocation thereof shall be guilty of a
gross misdemeanor. [1994 c 262 § 5; 1975 c 25 § 12; 1961 c
12 § 46.12.160. Prior: 1959 c 166 § 14; prior: 1947 c 164 §
4(g); 1937 c 188 § 6(g); Rem. Supp. 1947 § 6312-6(g).]
46.12.160
Definitions: RCW 46.12.005.
46.12.170 Procedure when security interest is
granted on vehicle. (1) If, after a certificate of ownership is
issued, a security interest is granted on the vehicle described
therein, the registered owner or secured party shall, within
ten days thereafter, present an application to the department,
to which shall be attached the certificate of ownership last
issued covering the vehicle, or such other documentation as
may be required by the department, which application shall
be upon a form approved by the department and shall be
accompanied by a fee of five dollars in addition to all other
fees. The department, if satisfied that there should be a reissue of the certificate, shall note such change upon the vehicle
records and issue to the secured party a new certificate of
ownership.
(2) Whenever there is no outstanding secured obligation
and no commitment to make advances and incur obligations
or otherwise give value, the secured party must either:
(a) Assign the certificate of ownership to the debtor or
the debtor’s assignee or transferee, and transmit the certificate to the department with an accompanying fee of five dollars in addition to all other fees; or
(b) Assign the certificate of ownership to the debtor’s
assignee or transferee together with the debtor’s or debtor’s
assignee’s release of interest.
(3) Upon receipt of the certificate of ownership and the
debtor’s release of interest and required fees as provided in
subsection (2)(a) of this section, the department shall issue a
new certificate of ownership and transmit it to the registered
owner.
(4) If the affected secured party fails to either assign the
certificate of ownership to the debtor or the debtor’s assignee
or transferee or transmit the certificate of ownership to the
46.12.170
46.12.151 Procedure when department unsatisfied as
to ownership and security interests. If the department is
not satisfied as to the ownership of the vehicle or that there
are no undisclosed security interests in it, the department may
register the vehicle but shall either:
(1) Withhold issuance of a certificate of ownership for a
period of three years or until the applicant presents documents reasonably sufficient to satisfy the department as to the
applicant’s ownership of the vehicle and that there are no
undisclosed security interests in it; or
(2) As a condition of issuing a certificate of ownership,
require the applicant to file with the department a bond for a
period of three years in the form prescribed by the department
and executed by the applicant. The bond shall be in an
amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to
indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest,
against any expense, loss or damage, including reasonable
attorney’s fees, by reason of the issuance of the certificate of
ownership of the vehicle or on account of any defect in or
undisclosed security interest upon the right, title and interest
of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach
of its conditions, but the aggregate liability of the surety to all
persons shall not exceed the amount of the bond. At the end
of three years or prior thereto if the vehicle is no longer registered in this state or when satisfactory evidence of ownership is surrendered to the department, the owner may apply to
the department for a replacement certificate of ownership
46.12.151
(2008 Ed.)
[Title 46 RCW—page 41]
46.12.181
Title 46 RCW: Motor Vehicles
department within ten days after proper demand, that secured
party shall be liable to the debtor or the debtor’s assignee or
transferee for one hundred dollars, and in addition for any
loss caused to the debtor or the debtor’s assignee or transferee
by such failure. [2007 c 96 § 2; 2002 c 352 § 5. Prior: 1997
c 432 § 5; 1997 c 241 § 5; 1994 c 262 § 6; 1979 ex.s. c 113 §
2; 1975 c 25 § 13; 1967 c 140 § 4; 1961 c 12 § 46.12.170;
prior: 1951 c 269 § 4; 1947 c 164 § 5; 1939 c 182 § 2; 1937
c 188 § 7; Rem. Supp. 1947 § 6312-7.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.181 Duplicate for lost, stolen, mutilated, etc.,
certificates. If a certificate of ownership is lost, stolen, mutilated, or destroyed or becomes illegible, the first priority
secured party or, if none, the owner or legal representative of
the owner named in the certificate, as shown by the records of
the department, shall promptly make application for and may
obtain a duplicate upon tender of five dollars in addition to all
other fees and upon furnishing information satisfactory to the
department. The duplicate certificate of ownership shall contain the legend, "duplicate." It shall be provided to the first
priority secured party named in it or, if none, to the owner.
A person recovering an original certificate of ownership
for which a duplicate has been issued shall promptly surrender the original certificate to the department. [2002 c 352 §
6; 1997 c 241 § 7; 1994 c 262 § 7; 1990 c 250 § 31; 1969 ex.s.
c 170 § 1; 1967 c 140 § 8.]
46.12.181
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.190 Legal owner not liable for acts of registered owner. The person, firm, copartnership, association or
corporation to whom a certificate of ownership shall have
been issued shall not thereby incur liability or be responsible
for damage, or otherwise, resulting from any act or contract
made by the registered owner or by any other person acting
for, or by or under the authority of such registered owner.
[1961 c 12 § 46.12.190. Prior: 1937 c 188 § 10, part; RRS §
6312-10, part.]
46.12.190
46.12.200 State or director not liable for acts in
administering chapter. No suit or action shall ever be commenced or prosecuted against the director of licensing or the
state of Washington by reason of any act done or omitted to
be done in the administration of the duties and responsibilities imposed upon the director under this chapter. [1979 c
158 § 134; 1967 c 32 § 11; 1961 c 12 § 46.12.200. Prior:
1937 c 188 § 10, part; RRS § 6312-10, part.]
46.12.200
46.12.210 Penalty for false statements or illegal
transfers. Any person who knowingly makes any false statement of a material fact, either in his or her application for the
certificate of ownership or in any assignment thereof, or who
with intent to procure or pass ownership to a vehicle which he
or she knows or has reason to believe has been stolen,
receives or transfers possession of the same from or to
46.12.210
[Title 46 RCW—page 42]
another or who has in his or her possession any vehicle which
he or she knows or has reason to believe has been stolen, and
who is not an officer of the law engaged at the time in the performance of his or her duty as such officer, is guilty of a class
B felony and upon conviction shall be punished by a fine of
not more than five thousand dollars or by imprisonment for
not more than ten years, or both such fine and imprisonment.
This provision shall not exclude any other offenses or penalties prescribed by any existing or future law for the larceny or
unauthorized taking of a motor vehicle. [2003 c 53 § 236;
1961 c 12 § 46.12.210. Prior: 1937 c 188 § 12; RRS § 631212.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.215 Unlawful sale of certificate of ownership.
It is a class C felony for a person to sell or convey a vehicle
certificate of ownership except in conjunction with the sale or
transfer of the vehicle for which the certificate was originally
issued. [1995 c 256 § 1.]
46.12.215
46.12.220 Alteration or forgery—Penalty. Any person who alters or forges or causes to be altered or forged any
certificate issued by the director pursuant to the provisions of
this chapter, or any assignment thereof, or any release or
notice of release of any encumbrance referred to therein, or
who shall hold or use any such certificate or assignment, or
release or notice of release, knowing the same to have been
altered or forged, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 237; 1967 c
32 § 12; 1961 c 12 § 46.12.220. Prior: 1937 c 188 § 13; RRS
§ 6312-13.]
46.12.220
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.230 Permit to licensed wrecker to junk vehicle—Fee. Any licensed wrecker in possession of a motor
vehicle ten years old or older, and ownership of which or
whose owner’s residence is unknown, may apply to the
department for a permit to junk or wreck such motor vehicle,
or any part thereof. Upon such application, a permit may be
issued by the department, upon receipt of a fee of one dollar,
in a form to be prescribed by the department to authorize such
wrecker to wreck or junk such vehicle, or any part thereof.
[1975 c 25 § 14; 1967 c 32 § 13; 1961 c 12 § 46.12.230. Prior:
1957 c 273 § 12.]
46.12.230
46.12.240 Appeals to superior court from suspension,
revocation, cancellation, or refusal of license or certificate. (1) The suspension, revocation, cancellation, or refusal
by the director of any license or certificate provided for in
chapters 46.12 and 46.16 RCW is conclusive unless the person whose license or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston
county, or at his option to the superior court of the county of
his residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the license or certificate set
aside. Notice of appeal must be filed within ten days after
receipt of the notice of suspension, revocation, cancellation,
or refusal. Upon the filing of the notice of appeal the court
shall issue an order to the director to show cause why the
46.12.240
(2008 Ed.)
Certificates of Ownership and Registration
license should not be granted or reinstated, which order shall
be returnable not less than ten days after the date of service
thereof upon the director. Service shall be in the manner prescribed for service of summons and complaint in other civil
actions. Upon the hearing on the order to show cause, the
court shall hear evidence concerning matters with reference
to the suspension, revocation, cancellation, or refusal of the
license or certificate and shall enter judgment either affirming or setting aside the suspension, revocation, cancellation,
or refusal.
(2) This section does not apply to vehicle registration
cancellations under *RCW 46.16.710 through 46.16.760.
[1987 c 388 § 8; 1965 ex.s. c 121 § 42; 1961 c 12 § 46.20.340.
Prior: 1953 c 23 § 2; 1937 c 188 § 74; RRS § 6312-74. Formerly RCW 46.20.340.]
*Reviser’s note: RCW 46.16.710 through 46.16.760 expired July 1,
1993.
Effective date—Severability—1987 c 388: See notes following RCW
46.20.342.
46.12.250 Ownership of motor vehicle by person
under eighteen prohibited—Exceptions. It shall be unlawful for any person under the age of eighteen to be the registered or legal owner of any motor vehicle: PROVIDED, That
RCW 46.12.250 through 46.12.270 shall not apply to any
person who is on active duty in the United States armed
forces nor to any minor who is in effect emancipated: PROVIDED further, That RCW 46.12.250 through 46.12.270
shall not apply to any person who is the registered owner of a
motor vehicle prior to August 11, 1969 or who became the
registered or legal owner of a motor vehicle while a nonresident of this state. [1969 ex.s. c 125 § 1.]
46.12.250
46.12.300
and the perfection of security interests therein. [1979 c 158 §
136; 1971 ex.s. c 231 § 6.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.290 Mobile or manufactured homes, application of chapter to—Rules. (1) The provisions of chapter
46.12 RCW insofar as they are not inconsistent with the provisions of chapter 231, Laws of 1971 ex. sess. or chapter
65.20 RCW apply to mobile or manufactured homes: PROVIDED, That RCW 46.12.080 and 46.12.250 through
46.12.270 shall not apply to mobile or manufactured homes.
(2) In order to transfer ownership of a mobile home, all
registered owners of record must sign the title certificate
releasing their ownership. If the mobile home was manufactured before June 15, 1976, the registered owner must sign an
affidavit in the form prescribed by the department of licensing that notice was provided to the purchaser of the mobile
home that failure of the mobile home to meet federal housing
and urban development standards or failure of the mobile
home to meet a fire and safety inspection by the department
of labor and industries may result in denial by a local jurisdiction of a permit to site the mobile home.
(3) The director of licensing shall have the power to
adopt such rules as necessary to implement the provisions of
this chapter relating to mobile homes. [2005 c 399 § 4; 1993
c 154 § 2. Prior: 1989 c 343 § 20; 1989 c 337 § 4; 1981 c 304
§ 2; 1979 c 158 § 137; 1971 ex.s. c 231 § 14.]
46.12.290
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.295 Mobile homes—Titling functions transferred to department of community, trade, and economic
development. The department of licensing shall transfer all
titling functions pertaining to mobile homes to the housing
division of the department of community, trade, and economic development by July 1, 1991. The department of
licensing shall transfer all books, records, files, and documents pertaining to mobile home titling to the department of
community, trade, and economic development. The directors
of the departments may immediately take such steps as are
necessary to ensure that chapter 176, Laws of 1990 is implemented on June 7, 1990. [1995 c 399 § 117; 1990 c 176 § 3.]
46.12.295
46.12.260 Sale or transfer of motor vehicle ownership to person under eighteen prohibited. It shall be
unlawful for any person to convey, sell or transfer the ownership of any motor vehicle to any person under the age of eighteen: PROVIDED, That this section shall not apply to a vendor if the minor provides the vendor with a certified copy of
an original birth registration showing the minor to be over
eighteen years of age. Such certified copy shall be transmitted to the department of licensing by the vendor with the
application for title to said motor vehicle. [1979 c 158 § 135;
1969 ex.s. c 125 § 2.]
46.12.260
46.12.270 Penalty for violation of RCW 46.12.250 or
46.12.260. Any person violating RCW 46.12.250 or
46.12.260 or who transfers, sells, or encumbers an interest in
a vehicle in violation of RCW 46.61.5058, with actual notice
of the prohibition, is guilty of a misdemeanor and shall be
punished by a fine of not more than two hundred fifty dollars
or by imprisonment in a county jail for not more than ninety
days. [1994 c 139 § 2; 1993 c 487 § 6; 1969 ex.s. c 125 § 3.]
46.12.270
46.12.280 Campers—Application to—Rules and regulations. The provisions of chapter 46.12 RCW concerning
the registration and titling of vehicles, and the perfection of
security interests therein shall apply to campers, as defined in
RCW 46.04.085. In addition, the director of licensing shall
have the power to adopt such rules and regulations he deems
necessary to implement the registration and titling of campers
46.12.280
(2008 Ed.)
46.12.300 Serial numbers on vehicles, watercraft,
campers, or parts—Buying, selling, etc., with numbers
removed, altered, etc.—Penalty. Whoever knowingly
buys, sells, receives, disposes of, conceals, or has knowingly
in his possession any vehicle, watercraft, camper, or component part thereof, from which the manufacturer’s serial number or any other distinguishing number or identification mark
has been removed, defaced, covered, altered, or destroyed for
the purpose of concealment or misrepresenting the identity of
the said vehicle, watercraft, camper, or component part
thereof shall be guilty of a gross misdemeanor. [1975-’76
2nd ex.s. c 91 § 1.]
46.12.300
Severability—1975-’76 2nd ex.s. c 91: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975-’76 2nd ex.s. c 91 § 10.]
[Title 46 RCW—page 43]
46.12.310
Title 46 RCW: Motor Vehicles
Effective date—1975-’76 2nd ex.s. c 91: "This act shall take effect on
July 1, 1976." [1975-’76 2nd ex.s. c 91 § 11.]
46.12.310 Serial numbers—Seizure and impoundment of vehicles, etc.—Notice to interested persons—
Release to owner, etc. (1) Any vehicle, watercraft, camper,
or any component part thereof, from which the manufacturer’s serial number or any other distinguishing number or
identification mark has been removed, defaced, covered,
altered, obliterated, or destroyed, may be impounded and
held by the seizing law enforcement agency for the purpose
of conducting an investigation to determine the identity of the
article or articles, and to determine whether it had been
reported stolen.
(2) Within five days of the impounding of any vehicle,
watercraft, camper, or component part thereof, the law
enforcement agency seizing the article or articles shall send
written notice of such impoundment by certified mail to all
persons known to the agency as claiming an interest in the
article or articles. The seizing agency shall exercise reasonable diligence in ascertaining the names and addresses of
those persons claiming an interest in the article or articles.
Such notice shall advise the person of the fact of seizure, the
possible disposition of the article or articles, the requirement
of filing a written claim requesting notification of potential
disposition, and the right of the person to request a hearing to
establish a claim of ownership. Within five days of receiving
notice of other persons claiming an interest in the article or
articles, the seizing agency shall send a like notice to each
such person.
(3) If reported as stolen, the seizing law enforcement
agency shall promptly release such vehicle, watercraft,
camper, or parts thereof as have been stolen, to the person
who is the lawful owner or the lawful successor in interest,
upon receiving proof that such person presently owns or has
a lawful right to the possession of the article or articles.
[1995 c 256 § 2; 1975-’76 2nd ex.s. c 91 § 2.]
46.12.310
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.320 Serial numbers—Disposition of vehicles,
etc., authorized, when. Unless a claim of ownership to the
article or articles is established pursuant to RCW 46.12.330,
the law enforcement agency seizing the vehicle, watercraft,
camper, or component part thereof may dispose of them by
destruction, by selling at public auction to the highest bidder,
or by holding the article or articles for the official use of the
agency, when:
(1) The true identity of the article or articles cannot be
established by restoring the original manufacturer’s serial
number or other distinguishing numbers or identification
marks or by any other means;
(2) After the true identity of the article or articles has
been established, the seizing law enforcement agency cannot
locate the person who is the lawful owner or if such lawful
owner or his successor in interest fails to claim the article or
articles within forty-five days after receiving notice from the
seizing law enforcement agency that the article or articles is
in its possession.
No disposition of the article or articles pursuant to this
section shall be undertaken until at least sixty days have
46.12.320
[Title 46 RCW—page 44]
elapsed from the date of seizure and written notice of the
right to a hearing to establish a claim of ownership pursuant
to RCW 46.12.330 and of the potential disposition of the article or articles shall have first been served upon the person
who held possession or custody of the article when it was
impounded and upon any other person who, prior to the final
disposition of the article, has notified the seizing law enforcement agency in writing of a claim to ownership or lawful
right to possession thereof. [1975-’76 2nd ex.s. c 91 § 3.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.330 Serial numbers—Hearing—Appeal—
Removal to court—Release. (1) Any person may submit a
written request for a hearing to establish a claim of ownership
or right to lawful possession of the vehicle, watercraft,
camper, or component part thereof seized pursuant to this
section.
(2) Upon receipt of a request for hearing, one shall be
held before the chief law enforcement officer of the seizing
agency or an administrative law judge appointed under chapter 34.12 RCW.
(3) Such hearing shall be held within a reasonable time
after receipt of a request therefor. Reasonable investigative
activities, including efforts to establish the identity of the article or articles and the identity of the person entitled to the
lawful possession or custody of the article or articles shall be
considered in determining the reasonableness of the time
within which a hearing must be held.
(4) The hearing and any appeal therefrom shall be conducted in accordance with Title 34 RCW.
(5) The burden of producing evidence shall be upon the
person claiming to be the lawful owner or to have the lawful
right of possession to the article or articles.
(6) Any person claiming ownership or right to possession of an article or articles subject to disposition under RCW
46.12.310 through 46.12.340 may remove the matter to a
court of competent jurisdiction if the aggregate value of the
article or articles involved is two hundred dollars or more. In
a court hearing between two or more claimants to the article
or articles involved, the prevailing party shall be entitled to
judgment for costs and reasonable attorney’s fees. For purposes of this section the seizing law enforcement agency
shall not be considered a claimant.
(7) The seizing law enforcement agency shall promptly
release the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof. [1981 c 67 § 27; 1975-’76 2nd ex.s. c 91 §
4.]
46.12.330
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.340 Serial numbers—Release of vehicle, etc.
The seizing law enforcement agency may release the article
or articles impounded pursuant to this section to the person
claiming ownership without a hearing pursuant to RCW
46.12.330 when such law enforcement agency is satisfied
after an appropriate investigation as to the claimant’s right to
46.12.340
(2008 Ed.)
Certificates of Ownership and Registration
lawful possession. If no hearing is contemplated as provided
for in RCW 46.12.330 such release shall be within a reasonable time following seizure. Reasonable investigative activity, including efforts to establish the identity of the article or
articles and the identity of the person entitled to lawful possession or custody of the article or articles shall be considered
in determining the reasonableness of the time in which
release must be made. [1975-’76 2nd ex.s. c 91 § 5.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.350 Assignment of new serial number. An
identification number shall be assigned to any article
impounded pursuant to RCW 46.12.310 in accordance with
the rules promulgated by the department of licensing prior to:
(1) The release of the article from the custody of the seizing agency; or
(2) The use of the article by the seizing agency. [1979 c
158 § 138; 1975-’76 2nd ex.s. c 91 § 6.]
46.12.350
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.370 Lists of registered and legal owners of
vehicles—Furnished for certain purposes—Penalty for
unauthorized use. In addition to any other authority which
it may have, the department of licensing may furnish lists of
registered and legal owners of motor vehicles only for the
purposes specified in this section to:
(1) The manufacturers of motor vehicles, or their authorized agents, to be used to enable those manufacturers to
carry out the provisions of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. sec. 1382-1418),
including amendments or additions thereto, respecting
safety-related defects in motor vehicles;
(2) Any governmental agency of the United States or
Canada, or political subdivisions thereof, to be used by it or
by its authorized commercial agents or contractors only in
connection with the enforcement of motor vehicle or traffic
laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for
completion of the work required of the agent or contractor
shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names
and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of
Executive Order 97-01, the department may provide only the
parts of the list that are required for completion of the work
required of the company;
(4) An authorized agent or contractor of the department,
to be used only in connection with providing motor vehicle
excise tax, licensing, title, and registration information to
motor vehicle dealers;
(5) Any business regularly making loans to other persons
to finance the purchase of motor vehicles, to be used to assist
the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not
to provide such financing; or
(6) A company or its agents operating a toll facility
under chapter 47.46 RCW or other applicable authority
46.12.370
(2008 Ed.)
46.12.380
requiring the names, addresses, and vehicle information of
motor vehicle registered owners to identify toll violators.
Where both a mailing address and residence address are
recorded on the vehicle record and are different, only the
mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law
enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the
normal course of conducting their business.
If a list of registered and legal owners of motor vehicles
is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial
parking company, authorized agent, contractor, financial
institution, toll facility operator, or their authorized agents or
contractors responsible for the unauthorized disclosure or use
will be denied further access to such information by the
department of licensing. [2005 c 340 § 1; 2004 c 230 § 1.
Prior: 1997 c 432 § 6; 1997 c 33 § 1; 1982 c 215 § 1.]
46.12.380 Disclosure of names and addresses of individual vehicle owners. (1) Notwithstanding the provisions
of chapter 42.56 RCW, the name or address of an individual
vehicle owner shall not be released by the department, county
auditor, or agency or firm authorized by the department
except under the following circumstances:
(a) The requesting party is a business entity that requests
the information for use in the course of business;
(b) The request is a written request that is signed by the
person requesting disclosure that contains the full legal name
and address of the requesting party, that specifies the purpose
for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the
party will use the information only for the purpose stated in
the request for the information; and that the party does not
intend to use, or facilitate the use of, the information for the
purpose of making any unsolicited business contact with a
person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to
result in, or promote, the sale of any goods or services to a
person named in the disclosed information. The term does
not apply to situations where the requesting party and such
person have been involved in a business transaction prior to
the date of the disclosure request and where the request is
made in connection with the transaction.
(2) Where both a mailing address and residence address
are recorded on the vehicle record and are different, only the
mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law
enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the
normal course of conducting their business.
(3) The disclosing entity shall retain the request for disclosure for three years.
(4) Whenever the disclosing entity grants a request for
information under this section by an attorney or private
investigator, the disclosing entity shall provide notice to the
vehicle owner, to whom the information applies, that the
request has been granted. The notice also shall contain the
name and address of the requesting party.
46.12.380
[Title 46 RCW—page 45]
46.12.390
Title 46 RCW: Motor Vehicles
(5) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that
the information furnished is not used for a purpose contrary
to the agreement between the person and the department.
(6) This section shall not apply to requests for information by governmental entities or requests that may be granted
under any other provision of this title expressly authorizing
the disclosure of the names or addresses of vehicle owners.
(7) This section shall not apply to title history information under RCW 19.118.170. [2005 c 340 § 2; 2005 c 274 §
304; 1995 c 254 § 10; 1990 c 232 § 2; 1987 c 299 § 1; 1984 c
241 § 2.]
Reviser’s note: This section was amended by 2005 c 274 § 304 and by
2005 c 340 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
Legislative finding and purpose—1990 c 232: "The legislature recognizes the extraordinary value of the vehicle title and registration records for
law enforcement and commerce within the state. The legislature also recognizes that indiscriminate release of the vehicle owner information to be an
infringement upon the rights of the owner and can subject owners to intrusions on their privacy. The purpose of this act is to limit the release of vehicle owners’ names and addresses while maintaining the availability of the
vehicle records for the purposes of law enforcement and commerce." [1990
c 232 § 1.]
46.12.390 Disclosure violations, penalties. (1) The
department may review the activities of a person who
receives vehicle record information to ensure compliance
with the limitations imposed on the use of the information.
The department shall suspend or revoke for up to five years
the privilege of obtaining vehicle record information of a person found to be in violation of chapter 42.56 RCW, this chapter, or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of information from a
department vehicle record; or
(b) The use of a false representation to obtain information from the department’s vehicle records; or
(c) The use of information obtained from the department
vehicle records for a purpose other than what is stated in the
request for information or in the disclosure agreement executed with the department; or
(d) The sale or other distribution of any vehicle owner
name or address to another person not disclosed in the request
or disclosure agreement
is a gross misdemeanor punishable by a fine not to exceed ten
thousand dollars, or by imprisonment in a county jail not to
exceed one year, or by both such fine and imprisonment for
each violation. [2005 c 274 § 305; 1990 c 232 § 3.]
46.12.390
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Legislative finding and purpose—1990 c 232: See note following
RCW 46.12.380.
46.12.420 Street rod vehicles. The state patrol shall
inspect a street rod vehicle and assign a vehicle identification
number in accordance with this chapter.
46.12.420
[Title 46 RCW—page 46]
A street rod vehicle shall be titled as the make and year
of the vehicle as originally manufactured. The title shall be
branded with the designation "street rod." [1996 c 225 § 6.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.430 Parts cars. The owner of a parts car must
possess proof of ownership for each such vehicle. [1996 c
225 § 7.]
46.12.430
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.440 Kit vehicles—Application for certificate of
ownership. The following procedures must be followed
when applying for a certificate of ownership for a kit vehicle:
(1) The vehicle identification number (VIN) of a new
vehicle kit and of a body kit will be taken from the manufacturer’s certificate of origin belonging to that vehicle. If the
VIN is not available, the Washington state patrol shall assign
a VIN at the time of inspection.
(2) The model year of a manufactured new vehicle kit
and manufactured body kit is the year reflected on the manufacturer’s certificate of origin.
(3) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. Bradley GT, 57 MG, and must include the word
"replica."
(4) Except for kit vehicles licensed under RCW
46.16.680(5), kit vehicles must comply with chapter 204-90
WAC.
(5) The application for the certificate of ownership must
be accompanied by the following documents:
(a) For a manufactured new vehicle kit, the manufacturer’s certificate of origin or equivalent document;
(b)(i) For a manufactured body kit, the manufacturer’s
certificate of origin or equivalent document; (ii) for the
frame, the title or a certified copy or equivalent document;
(c) Bills of sale or invoices for all major components
used in the construction of the vehicle. The bills of sale must
be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax.
The bills of sale must include the names and addresses of the
seller and purchaser, a description of the vehicle or part being
sold, including the make, model, and identification or serial
number, the date of sale, and the purchase price of the vehicle
or part;
(d) A statement as defined in WAC 308-56A-150 by an
authorized inspector of the Washington state patrol or other
person authorized by the department of licensing verifying
the vehicle identification number, and year and make when
applicable;
(e) A completed declaration of value form (TD 420-737)
to determine the value for excise tax if the purchase cost and
year is unknown or incomplete.
(6) A Washington state patrol VIN inspector must ensure
that all parts are documented by titles, notarized bills of sale,
or business receipts such as obtained from a wrecking yard
purchase. The bills of sale must contain the VIN of the vehicle the parts came from, or the yard number if from a wrecking yard. [1996 c 225 § 8.]
46.12.440
Finding—1996 c 225: See note following RCW 46.04.125.
(2008 Ed.)
Vehicle Licenses
46.12.450 Kit vehicles—Issuance of certificate of
ownership or registration. The following documents are
required for issuance of a certificate of ownership or registration for a kit vehicle:
(1) For a new vehicle kit or a manufactured body kit, the
owner shall supply a manufacturer’s certificate of origin or a
factory invoice.
(2) For a manufactured body kit, proof of ownership for
all major parts used in the construction of the vehicle is
required.
(a) Major parts include:
(i) Frame;
(ii) Engine;
(iii) Axles;
(iv) Transmission;
(v) Any other parts that carry vehicle identification numbers.
(b) If the frame from a donor vehicle is used and the
remainder of the donor vehicle is to be sold or destroyed, the
title is required as an ownership document to the buyer. The
agent or subagent may make a certified copy of the title for
documentation of the frame for this transaction.
(3) Payment of use tax on the frame and all component
parts used is required, unless proof of payment of the sales or
use tax is submitted.
(4) A completed declaration of value form (TD 420-737)
to determine the value of the vehicle for excise tax purposes
is required if the purchase cost and year of purchase is
unknown.
(5) An odometer disclosure statement is required on all
originals and transfers of title for vehicles under ten years
old, unless otherwise exempt by law. [1996 c 225 § 9.]
46.12.450
Chapter 46.16
access to these funds to conduct public education in their service areas. The donation of one or more dollars is voluntary
and may be refused by the applicant. The department shall
make available informational booklets or other informational
sources on the importance of organ and tissue donations to
applicants.
The department shall inquire of each applicant at the
time the completed application is presented whether the
applicant is interested in making a donation of one dollar or
more and shall also specifically inform the applicant of the
option for organ and tissue donations as required by RCW
46.20.113. The department shall also provide written information to each applicant volunteering to become an organ
and tissue donor. The written information shall disclose that
the applicant’s name shall be transmitted to the organ and tissue donor registry created in RCW 68.64.200, and that the
applicant shall notify a Washington state organ procurement
organization of any changes to the applicant’s donor status.
All reasonable costs associated with the creation of the
donation program created under this section must be paid
proportionally or by other agreement by a Washington state
organ procurement organization.
For the purposes of this section, "reasonable costs" and
"Washington state organ procurement organization" have the
same meaning as defined in RCW 68.64.010. [2008 c 139 §
26; 2003 c 94 § 6.]
Uniformity of application and construction—2008 c 139: See RCW
68.64.902.
Application—2003 c 94 § 6: "Section 6 of this act takes effect with
registrations that are due or become due January 1, 2004, or later." [2003 c
94 § 8.]
Findings—2003 c 94: See note following RCW 68.64.200.
Finding—1996 c 225: See note following RCW 46.04.125.
Chapter 46.16
46.12.500 Commercial vehicle—Compliance statement. When applicable, the certificate of registration must
include a statement that the owner or entity operating a commercial vehicle must be in compliance with the requirements
of the United States department of transportation federal
motor carrier safety regulations contained in Title 49 C.F.R.
Part 382, controlled substances and alcohol use and testing.
[1999 c 351 § 4.]
46.12.500
Reviser’s note: This section was directed to be codified in chapter
46.16 RCW, but placement in chapter 46.12 RCW appears to be more appropriate.
46.12.510 Donations for organ donation awareness.
An applicant for a new or renewed registration for a vehicle
required to be registered under this chapter or chapter 46.16
RCW may make a donation of one dollar or more to the organ
and tissue donation awareness account to promote the donation of organs and tissues under the provisions of the uniform
anatomical gift act, chapter 68.64 RCW. The department
shall collect the donations and credit the donations to the
organ and tissue donation awareness account, created in
RCW 68.64.210. At least quarterly, the department shall
transmit donations made to the organ and tissue donation
awareness account to the foundation established for organ
and tissue donation awareness purposes by the Washington
state organ procurement organizations. All Washington state
organ procurement organizations will have proportional
46.12.510
(2008 Ed.)
Chapter 46.16 RCW
VEHICLE LICENSES
Sections
46.16.004
46.16.006
46.16.010
46.16.0105
46.16.011
46.16.012
46.16.015
46.16.016
46.16.017
46.16.020
46.16.022
46.16.023
46.16.025
46.16.028
46.16.029
46.16.030
46.16.035
46.16.040
46.16.045
46.16.047
46.16.048
46.16.0621
46.16.063
46.16.068
Definitions.
"Registration year" defined—Registration months—"Last
day of the month" defined.
Licenses and plates required—Penalties—Exceptions—
Expired registration, impoundment.
Exemption—Vehicles in national recreation areas.
Allowing unauthorized person to drive—Penalty.
Immunity from liability for licensing nonroadworthy vehicle.
Emission control inspections required—Exceptions—Educational information.
Emission control inspections—Rules for licensing requirements.
Emission standards—Compliance required to register, lease,
rent, or sell vehicles—Exemptions.
Exemptions—State and publicly owned vehicles—Registration.
Exemptions—Vehicles owned by Indian tribes—Conditions.
Ride-sharing vehicles—Special plates—Gross misdemeanor.
Identification device for exempt farm vehicles—Application
for—Contents—Fee.
"Resident" defined—Vehicle registration required.
Purchasing vehicle with foreign plates.
Nonresident exemption—Reciprocity.
Exemptions—Private school buses.
Form of application—Contents.
Temporary permits—Authority—Fees—Secure system.
Temporary permits—Form and contents—Duration—Fees.
Temporary letter of authority for movement of unlicensed
vehicle for special community event.
License fee.
Additional fee for recreational vehicles.
Trailing units—Permanent plates.
[Title 46 RCW—page 47]
46.16.004
46.16.070
46.16.071
46.16.073
46.16.076
46.16.079
46.16.085
46.16.086
46.16.088
46.16.090
46.16.111
46.16.121
46.16.125
46.16.135
46.16.140
46.16.145
46.16.150
46.16.160
46.16.162
46.16.180
46.16.200
46.16.210
46.16.212
46.16.216
46.16.220
46.16.225
46.16.230
46.16.233
46.16.235
46.16.237
46.16.240
46.16.260
46.16.265
46.16.270
46.16.276
46.16.280
46.16.290
46.16.295
46.16.301
46.16.305
46.16.307
46.16.309
46.16.30901
46.16.30902
46.16.30903
46.16.30904
46.16.30905
46.16.30906
46.16.30907
46.16.30908
46.16.30909
46.16.30910
46.16.30911
46.16.30912
46.16.30913
46.16.30914
46.16.30915
46.16.30916
46.16.30917
46.16.30918
46.16.30919
46.16.30920
46.16.30921
46.16.30922
46.16.30923
46.16.30924
46.16.30925
46.16.30926
46.16.30927
46.16.30928
46.16.30929
46.16.313
Title 46 RCW: Motor Vehicles
License fee on trucks, buses, and for hire vehicles based on
gross weight.
Additional fees.
Federal heavy vehicle use tax.
Voluntary donation—State parks renewal and stewardship
account.
Fixed load motor vehicle equipped for lifting or towing—
Capacity fee in addition to and in lieu.
Commercial trailers, pole trailers—Fee in lieu.
Single-axle trailers—Fee in lieu.
Transfer of license plates—Penalty.
Gross weight fees on farm vehicles—Penalty.
Gross weight, how computed.
Seating capacity fees on stages, for hire vehicles.
Mileage fees on stages—Penalty.
Monthly license fee—Penalty.
Overloading licensed capacity—Additional license—Penalties—Exceptions.
Overloading licensed capacity—Penalties.
School buses exempt from load and seat capacity fees.
Vehicle trip permits—Restrictions and requirements—Fees
and taxes—Penalty—Rules.
Farm vehicle trip permits.
Unlawful to carry passengers for hire without license.
Applications to agents—Transmittal to director.
Original applications—Renewals—Fees—Preissuance,
when.
Notice of liability insurance requirement.
Payment of parking fines required for renewal.
Time of renewal of licenses—Duration.
Adjustment of vehicle registration periods to stagger renewal
periods.
License plates furnished.
Standard background—Periodic replacement—Retention of
current plate number.
State name not abbreviated.
Reflectorized materials—Fee.
Attachment of plates to vehicles—Violations enumerated.
License registration certificate—Signature required—Carried in vehicle—Penalty—Inspection—Exception.
Replacement certificate.
Replacement of plates—Fee.
Implementing rules.
Sale, loss, or destruction of commercial vehicle—Credit for
unused fee—Change in license classification.
Disposition of license plates, certificate on vehicle transfer.
Returned plates—Reuse.
Baseball stadium license plates.
Special license plates—Continuance of earlier issues—Conditions for current issues.
Collectors’ vehicles—Use restrictions.
Special license plates—Application.
Professional firefighters and paramedics plate.
Washington State Council of Firefighters benevolent fund.
Helping Kids Speak plate.
"Helping Kids Speak" account.
Law enforcement memorial plate.
Law enforcement memorial account.
Washington’s Wildlife plate collection.
Washington’s Wildlife license plate collection—Definition.
Washington state parks and recreation commission plate.
Washington state parks and recreation commission special
license plate—Definition.
"Washington Lighthouses" plate.
Lighthouse environmental programs account.
"Keep Kids Safe" plate.
"We love our pets" plate.
We love our pets account.
Gonzaga University alumni association plate.
Gonzaga University alumni association account.
"Washington’s National Park Fund" plate.
"Washington’s National Park Fund" account.
Armed forces plate collection.
Armed forces license plate collection—Definition—No free
issuance.
"Ski & Ride Washington" plate.
"Ski & Ride Washington" account.
Wild On Washington plate.
Wild On Washington license plates—Definition.
Endangered Wildlife plate.
Endangered Wildlife license plates—Definition.
"Share the Road" plate.
"Share the Road" account.
Special license plates—Fees.
[Title 46 RCW—page 48]
46.16.314
46.16.316
46.16.319
46.16.324
46.16.327
46.16.332
46.16.333
46.16.335
46.16.340
46.16.350
46.16.371
46.16.374
46.16.376
46.16.381
46.16.385
46.16.390
46.16.450
46.16.460
46.16.470
46.16.480
46.16.490
46.16.500
46.16.505
46.16.560
46.16.565
46.16.570
46.16.575
46.16.580
46.16.585
46.16.590
46.16.595
46.16.600
46.16.601
46.16.605
46.16.606
46.16.615
46.16.630
46.16.640
46.16.670
46.16.680
46.16.685
46.16.690
46.16.700
46.16.705
46.16.715
46.16.725
46.16.735
46.16.745
46.16.755
46.16.765
46.16.775
46.16.900
Special license plates—Authority to continue.
Special license plates—Transfer of vehicle—Replacement
plates.
Veterans and military personnel—Emblems.
Collegiate license plates.
Military emblems—Material, display requirements.
Military emblems—Fees.
Cooper Jones emblems.
Special license plates and emblems—Rules.
Amateur radio operator plates—Information furnished to
various agencies.
Amateur radio operator plates—Expiration or revocation of
radio license—Penalty.
Special plates for honorary consul, foreign government representative.
Taipei Economic and Cultural Office—Special plates.
Taipei Economic and Cultural Office—Fee exemption.
Special parking for persons with disabilities—Penalties—
Enforcement—Definition.
Versions of special plates for persons with disabilities.
Special plate or card issued by another jurisdiction.
Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.
Nonresident members of armed forces—Issuance of temporary license.
Temporary license—Display.
Nonresident members of armed forces—Exemption from
sales, use, or motor vehicle excise taxes—Extent of
exemption.
Nonresident members of armed forces—Rules and regulations—Proof.
Liability of operator, owner, lessee for violations.
Campers—License and plates—Application—Fee.
Personalized license plates—Defined.
Personalized license plates—Application.
Personalized license plates—Design.
Personalized license plates—Issuance to registered owner
only.
Personalized license plates—Application requirements.
Personalized license plates—Fees—Renewal—Penalty.
Personalized license plates—Transfer fees.
Personalized license plates—Transfer or surrender upon sale
or release of vehicle—Penalty.
Personalized license plates—Rules and regulations.
Personalized special plates.
Personalized license plates—Disposition of fees—Costs.
Personalized license plates—Additional fee.
Commercial motor vehicle registration.
Moped registration.
Wheelchair conveyances.
Boat trailers—Fee for freshwater aquatic weeds account.
Kit vehicles.
License plate technology account.
License plate design services—Fee.
Special license plates—Intent.
Special license plate review board—Created.
Board—Administration.
Board—Powers and duties—Moratorium on issuance of special plates.
Special license plates—Sponsoring organization requirements.
Special license plates—Application requirements.
Special license plates—Disposition of revenues.
Special license plates—Continuing requirements.
Special license plates—Nonreviewed plates.
Severability—1973 1st ex.s. c 132.
Auto transportation companies: Chapter 81.68 RCW.
Free license plates
surviving spouse or surviving domestic partner of deceased prisoner of
war: RCW 73.04.115.
veterans with disabilities, prisoners of war: RCW 73.04.110.
Rental cars: RCW 46.87.023.
Special license plates—Fee—Hulk haulers or scrap processors: RCW
46.79.060.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.004 Definitions. For the purposes of this chapter
unless the context clearly requires otherwise:
46.16.004
(2008 Ed.)
Vehicle Licenses
(1) "Commercial motor vehicle," for the purposes of
requiring a department of transportation number, means the
same as defined in RCW 46.25.010(6), or a motor vehicle
used in commerce when the motor vehicle: (a) Has a gross
vehicle weight rating of 11,794 kilograms or more (26,001
pounds or more) inclusive of a towed unit of a gross vehicle
weight rating of more than 4,536 kilograms (10,000 pounds
or more); (b) has a gross vehicle weight rating of 11,794 kilograms or more (26,001 pounds or more); or (c) is used in the
transportation of hazardous materials, as defined in RCW
46.25.010(13);
(2) "Department" means the department of licensing;
(3) "Department of transportation number" means a
department of transportation number from the federal motor
carrier safety administration;
(4) "Interstate commercial motor vehicle" means a commercial vehicle that operates in more than one state;
(5) "Intrastate commercial motor vehicle" means a commercial vehicle that operates exclusively within the state of
Washington;
(6) "Motor carrier" means a person or entity who has
been issued a department of transportation number and who
owns a commercial motor vehicle. [2007 c 419 § 3.]
Findings—2007 c 419: "The legislature finds and declares that it is the
policy of the state of Washington to prevent the loss of human lives and the
loss of property and vehicles, and to protect the traveling environment of the
state of Washington through sound and consistent regulatory provisions for
interstate and intrastate motor carriers.
The legislature further finds and declares that it is a policy of the state
of Washington to require commercial motor vehicles operating on state roadways to comply with rigorous federal and state safety regulations. The legislature also finds that intrastate and interstate commercial motor vehicles
should comply with consistent state and federal commercial vehicle regulations." [2007 c 419 § 1.]
Short title—2007 c 419: "This act may be known and cited as the Tony
Qamar and Daniel Johnson act." [2007 c 419 § 2.]
Application—2007 c 419: "This act does not apply to:
(1) Commercial motor vehicles that are operated under a permit and
subject to economic regulation under chapters 81.68, 81.70, 81.77, and 81.80
RCW; and
(2) Vehicles exempted from registration by RCW 46.16.020." [2007 c
419 § 18.]
46.16.006 "Registration year" defined—Registration
months—"Last day of the month" defined. (1) The term
"registration year" for the purposes of chapters 46.16, 82.44,
and 82.50 RCW means the effective period of a vehicle
license issued by the department. Such year commences at
12:01 a.m. on the date of the calendar year designated by the
department and ends at 12:01 a.m. on the same date of the
next succeeding calendar year. If a vehicle license previously
issued in this state has expired and is renewed with a different
registered owner, a new registration year is deemed to commence upon the date the expired license is renewed in order
that the renewed license be useable for a full twelve-month
period.
(2) Each registration year may be divided into twelve
registration months. Each registration month commences on
the day numerically corresponding to the day of the calendar
month on which the registration year begins, and terminates
on the numerically corresponding day of the next succeeding
calendar month.
(3) Where the term "last day of the month" is used in
chapters 46.16, 82.44, and 82.50 RCW in lieu of a specified
46.16.006
(2008 Ed.)
46.16.010
day of any calendar month it means the last day of such calendar month or months irrespective of the numerical designation of that day.
(4) If the final day of a registration year or month falls on
a Saturday, Sunday, or legal holiday, such period extends
through the end of the next business day. [1992 c 222 § 1;
1983 c 27 § 1; 1981 c 214 § 1; 1975 1st ex.s. c 118 § 1.]
Effective date—1975 1st ex.s. c 118: "This 1975 amendatory act shall
take effect on January 1, 1977: PROVIDED, That the director of the department of motor vehicles may, prior to such effective date, undertake and perform duties and conduct activities necessary for the timely implementation
of this 1975 amendatory act on such date." [1975 1st ex.s. c 118 § 19.]
Severability—1975 1st ex.s. c 118: "If any provision of this 1975
amendatory act is declared unconstitutional, or the applicability thereof to
any person or circumstances is held invalid, the constitutionality of the
remainder of this 1975 amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [1975 1st ex.s. c 118
§ 18.]
46.16.010 Licenses and plates required—Penalties—
Exceptions—Expired registration, impoundment. (1) It is
unlawful for a person to operate any vehicle over and along a
public highway of this state without first having obtained and
having in full force and effect a current and proper vehicle
license and display vehicle license number plates therefor as
by this chapter provided.
(2) Failure to make initial registration before operation
on the highways of this state is a traffic infraction, and any
person committing this infraction shall pay a penalty of five
hundred twenty-nine dollars, no part of which may be suspended or deferred.
(3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
(4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the
payment of any tax or license fee imposed in connection with
registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail
and payment of a fine of five hundred twenty-nine dollars
plus twice the amount of delinquent taxes and fees, no part of
which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in
the county jail and payment of a fine of five hundred twentynine dollars plus four times the amount of delinquent taxes
and fees, no part of which may be suspended or deferred;
(c) For fines levied under (b) of this subsection, an
amount equal to the avoided taxes and fees owed will be
deposited in the vehicle licensing fraud account created in the
state treasury;
(d) The avoided taxes and fees shall be deposited and
distributed in the same manner as if the taxes and fees were
properly paid in a timely fashion.
(5) These provisions shall not apply to the following
vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Off-road vehicles operating on nonhighway roads
under RCW 46.09.115;
(d) Farm vehicles if operated within a radius of fifteen
miles of the farm where principally used or garaged, farm
tractors and farm implements including trailers designed as
cook or bunk houses used exclusively for animal herding
46.16.010
[Title 46 RCW—page 49]
46.16.010
Title 46 RCW: Motor Vehicles
temporarily operating or drawn upon the public highways,
and trailers used exclusively to transport farm implements
from one farm to another during the daylight hours or at night
when such equipment has lights that comply with the law;
(e) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the
use of and designed or modified for the fueling, repairing, or
loading of spray and fertilizer applicator rigs and not used,
designed, or modified primarily for the purpose of transportation;
(f) Fork lifts operated during daylight hours on public
highways adjacent to and within five hundred feet of the
warehouses which they serve: PROVIDED FURTHER, That
these provisions shall not apply to vehicles used by the state
parks and recreation commission exclusively for park maintenance and operations upon public highways within state
parks;
(g) "Trams" used for transporting persons to and from
facilities related to the horse racing industry as regulated in
chapter 67.16 RCW, as long as the public right-of-way routes
over which the trams operate are not more than one mile from
end to end, the public rights-of-way over which the tram
operates have an average daily traffic of not more than
15,000 vehicles per day, and the activity is in conformity with
federal law. The operator must be a licensed driver and at
least eighteen years old. For the purposes of this section,
"tram" also means a vehicle, or combination of vehicles
linked together with a single mode of propulsion, used to
transport persons from one location to another;
(h) "Special highway construction equipment" defined
as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is
not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes,
but is not limited to, road construction and maintenance
machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers,
bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road
rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines,
self-propelled and tractor-drawn earth moving equipment
and machinery, including dump trucks and tractor-dump
trailer combinations which either (i) are in excess of the legal
width, or (ii) which, because of their length, height, or
unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not
operated laden except within the boundaries of the project
limits as defined by the contract, and other similar types of
construction equipment, or (iii) which are driven or moved
upon a public highway only for the purpose of crossing such
highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is
equipped with wheels or pads which will not damage the
roadway surface.
Exclusions:
[Title 46 RCW—page 50]
"Special highway construction equipment" does not
include any of the following:
Dump trucks originally designed to comply with the
legal size and weight provisions of this code notwithstanding
any subsequent modification which would require a permit,
as specified in RCW 46.44.090, to operate such vehicles on a
public highway, including trailers, truck-mounted transit
mixers, cranes and shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a
trailer or a two-axle truck or tractor into a three or more axle
truck or tractor or used in any other manner to increase the
number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle
behind another motor vehicle. The front or rear wheels of the
towed vehicle are secured to and rest on the tow dolly that is
attached to the towing vehicle by a tow bar.
(c) An off-road vehicle operated on a street, road, or
highway as authorized under RCW 46.09.180.
(7)(a) A motor vehicle subject to initial or renewal registration under this section shall not be registered to a natural
person unless the person at time of application:
(i) Presents an unexpired Washington state driver’s
license; or
(ii) Certifies that he or she is:
(A) A Washington resident who does not operate a motor
vehicle on public roads; or
(B) Exempt from the requirement to obtain a Washington state driver’s license under RCW 46.20.025.
(b) For shared or joint ownership, the department will set
up procedures to verify that all owners meet the requirements
of this subsection.
(c) A person falsifying residency is guilty of a gross misdemeanor punishable only by a fine of five hundred twentynine dollars.
(d) The department may adopt rules necessary to implement this subsection, including rules under which a natural
person applying for registration may be exempt from the
requirements of this subsection where the person provides
evidence satisfactory to the department that he or she has a
valid and compelling reason for not being able to meet the
requirements of this subsection.
(8) A vehicle with an expired registration of more than
forty-five days parked on a public street may be impounded
by a police officer under RCW 46.55.113(2). [2007 c 242 §
2; 2006 c 212 § 1. Prior: 2005 c 350 § 1; 2005 c 323 § 2;
2005 c 213 § 6; prior: 2003 c 353 § 8; 2003 c 53 § 238; 2000
c 229 § 1; 1999 c 277 § 4; prior: 1997 c 328 § 2; 1997 c 241
§ 13; 1996 c 184 § 1; 1993 c 238 § 1; 1991 c 163 § 1; 1989 c
192 § 2; 1986 c 186 § 1; 1977 ex.s. c 148 § 1; 1973 1st ex.s.
c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27 § 3; 1967 c 202 § 2;
1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32; 1961 c 12 §
46.16.010; prior: 1955 c 265 § 1; 1947 c 33 § 1; 1937 c 188
§ 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5; RRS §
6324.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(2008 Ed.)
Vehicle Licenses
Effective date—2005 c 350: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2005]." [2005 c 350 § 2.]
Declaration and intent—2005 c 323: "When a person establishes residency in this state, unless otherwise exempt by statute, the person must register any vehicles to be operated on public highways, and pay all required
licensing fees and taxes. Washington residents must renew vehicle registrations annually as well. The intent of this act is to increase the monetary penalties associated with failure to properly register vehicles in the state of
Washington." [2005 c 323 § 1.]
Effective date—2005 c 323: "This act takes effect August 1, 2005."
[2005 c 323 § 4.]
Application—2005 c 323: "This act applies to registrations due or to
become due on or after January 1, 2006." [2005 c 323 § 5.]
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.010.
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 2000]." [2000 c 229 § 9.]
Effective date—1996 c 184 §§ 1-6: "Sections 1 through 6 of this act
take effect January 1, 1997." [1996 c 184 § 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there
are residents of this state who intentionally register motor vehicles in other
states to evade payment of taxes and fees required by the laws of this state.
This results in a substantial loss of revenue to the state. It is the intent of the
legislature to impose a stronger criminal penalty upon those residents who
defraud the state, thereby enhancing compliance with the registration laws of
this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws
of this state, administrative penalties associated with failing to register a
motor vehicle are waived until September 1, 1989. It is not the intent of the
legislature to waive traffic infraction or criminal traffic violations imposed
prior to July 23, 1989." [1989 c 192 § 1.]
Effective date—1989 c 192 § 2: "Section 2 of this act shall take effect
September 1, 1989." [1989 c 192 § 3.]
46.16.0105 Exemption—Vehicles in national recreation areas. After initial vehicle registration, motor vehicles
operated solely within a national recreation area that is not
accessible by a state highway are exempt from annual registration renewal and the associated fees under RCW
46.16.0621. [2005 c 79 § 1.]
46.16.0105
46.16.011 Allowing unauthorized person to drive—
Penalty. It is unlawful for any person in whose name a vehicle is registered knowingly to permit another person to drive
the vehicle when the other person is not authorized to do so
under the laws of this state. A violation of this section is a
misdemeanor. [1987 c 388 § 10.]
46.16.011
Severability—1987 c 388: See note following RCW 46.20.342.
Allowing unauthorized child to drive: RCW 46.20.024.
46.16.012 Immunity from liability for licensing nonroadworthy vehicle. The director, the state of Washington,
and its political subdivisions shall be immune from civil liability arising from the issuance of a vehicle license to a nonroadworthy vehicle. [1986 c 186 § 5.]
46.16.012
46.16.015 Emission control inspections required—
Exceptions—Educational information. (1) Neither the
46.16.015
(2008 Ed.)
46.16.015
department of licensing nor its agents may issue or renew a
motor vehicle license for any vehicle or change the registered
owner of a licensed vehicle, for any vehicle that is required to
be inspected under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid
certificate of compliance or a valid certificate of acceptance
issued pursuant to chapter 70.120 RCW; or (b) exempted
from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is
within six months of the date of application for the vehicle
license or license renewal. Certificates for fleet or owner
tested diesel vehicles may have a date of validation which is
within twelve months of the assigned license renewal date.
(2) Subsection (1) of this section does not apply to the
following vehicles:
(a) New motor vehicles whose equitable or legal title has
never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered
exclusively by electricity;
(d) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that
federal sanctions will be imposed as a result of this exemption;
(e) Motorcycles as defined in RCW 46.04.330 and
motor-driven cycles as defined in RCW 46.04.332;
(f) Farm vehicles as defined in RCW 46.04.181;
(g) Used vehicles which are offered for sale by a motor
vehicle dealer licensed under chapter 46.70 RCW;
(h) Classes of motor vehicles exempted by the director of
the department of ecology;
(i) Collector cars as identified by the department of
licensing under RCW 46.16.305(1);
(j) Beginning January 1, 2000, vehicles that are less than
five years old or more than twenty-five years old; or
(k) Hybrid motor vehicles that obtain a rating by the
environmental protection agency of at least fifty miles per
gallon of gas during city driving. For purposes of this section,
a hybrid motor vehicle is one that uses propulsion units powered by both electricity and gas.
The provisions of (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of
this section applications for the renewal of licenses for motor
vehicles that are or have been leased.
(3) The department of ecology shall provide information
to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this
section that apply to vehicles registered in such areas. In
addition the department of ecology shall provide information
to motor vehicle owners on the relationship between motor
vehicles and air pollution and steps motor vehicle owners
should take to reduce motor vehicle related air pollution. The
department of licensing shall send to all registered motor
vehicle owners affected by the emission testing program
notice that they must have an emission test to renew their registration. [2002 c 24 § 1; 1998 c 342 § 6; 1991 c 199 § 209;
1990 c 42 § 318; 1989 c 240 § 1; 1985 c 7 § 111. Prior: 1983
c 238 § 1; 1983 c 237 § 3; 1980 c 176 § 1; 1979 ex.s. c 163 §
11.]
Finding—1991 c 199: See note following RCW 70.94.011.
[Title 46 RCW—page 51]
46.16.016
Title 46 RCW: Motor Vehicles
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1989 c 240: See RCW 70.120.902.
Severability—1983 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 238 § 3.]
Legislative finding—1983 c 237: See note following RCW 46.37.467.
Effective date—1979 ex.s. c 163 § 11: "Section 11 of this act shall take
effect on January 1, 1982. The director of the department of licensing and the
director of the department of ecology are authorized to take immediately
such steps as are necessary to ensure that section 11 of this act is implemented on its effective date." [1979 ex.s. c 163 § 16.]
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
46.16.016 Emission control inspections—Rules for
licensing requirements. The director of the department of
licensing shall adopt rules implementing and enforcing RCW
46.16.015, except for *RCW 46.16.015(2)(g) in accordance
with chapter 34.05 RCW. [1979 ex.s. c 163 § 15.]
46.16.016
*Reviser’s note: RCW 46.16.015 was amended by 1991 c 199 § 209,
changing subsection (2)(g) to subsection (2)(f).
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
46.16.017 Emission standards—Compliance
required to register, lease, rent, or sell vehicles—Exempt i o ns . After a do p tio n o f ru les sp ecifi ed in R CW
70.120A.010, no vehicle shall be registered, leased, rented, or
sold for use in the state starting with the model year as provided in RCW 70.120A.010 unless the vehicle: (1)(a) Is consistent with the vehicle emission standards as adopted by the
department of ecology; (b) is consistent with the carbon dioxide equivalent emission standards as adopted by the department of ecology; and (c) has a California certification label
for (i) all emission standards, and (ii) carbon dioxide equivalent emission standards necessary to meet fleet average
requirements; or (2) has seven thousand five hundred miles
or more. The department of licensing, in consultation with
the department of ecology, may adopt rules necessary to
implement this section and may provide for reasonable
exemptions to these requirements. The department of ecology may exempt public safety vehicles from meeting the
standards where the department finds that vehicles necessary
to meet the needs of public safety agencies are not otherwise
reasonably available. [2005 c 295 § 7.]
46.16.017
Effective date—2005 c 295 §§ 1, 2, 7, and 11-13: See note following
RCW 70.120A.010.
46.16.020 Exemptions—State and publicly owned
vehicles—Registration. Any vehicle owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington and used exclusively by them, and all
vehicles owned or leased with an option to purchase by the
United States government, or by the government of foreign
countries, or by international bodies to which the United
States government is a signatory by treaty, or owned or
leased by the governing body of an Indian tribe located
within this state and recognized as a governmental entity by
the United States department of the interior, and used exclu46.16.020
[Title 46 RCW—page 52]
sively in its or their service shall be exempt from the payment
of license fees for the licensing thereof as in this chapter provided: PROVIDED, HOWEVER, That such vehicles, except
those owned and used exclusively by the United States government and which are identified by clearly exhibited registration numbers or license plates assigned by an instrumentality of that government, shall be registered as prescribed for
the license registration of other vehicles and shall display the
vehicle license number plates assigned to it. The department
shall assign a plate or plates to each vehicle or may assign a
block of plates to an agency or political subdivision for further assignment by the agency or political subdivision to individual vehicles registered to it pursuant to this section. The
agency, political subdivision, or Indian tribe, except a foreign
government or international body, shall pay a fee of two dollars for the plate or plates for each vehicle. An Indian tribe is
not entitled to license and register any tribal government service vehicle under this section if that tribe itself licenses or
registers any tribal government service vehicles under tribal
law. No vehicle license or license number plates shall be
issued to any such vehicle under the provisions of this section
for the transportation of school children unless and until such
vehicle shall have been first personally inspected by the
director or the director’s duly authorized representative.
[1986 c 30 § 1; 1975 1st ex.s. c 169 § 5; 1973 1st ex.s. c 132
§ 22; 1967 c 32 § 14; 1965 ex.s. c 106 § 1; 1961 c 12 §
46.16.020. Prior: 1939 c 182 § 4; 1937 c 188 § 21; RRS §
6312-21; 1925 ex.s. c 47 § 1; 1921 c 96 § 17; 1919 c 46 § 2;
1917 c 155 § 12; 1915 c 142 § 17; RRS § 6329.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
Marking of publicly owned vehicles: RCW 46.08.065 through 46.08.068.
Special license plates issued without fee
Congressional Medal of Honor recipients: RCW 46.16.305.
surviving spouse or surviving domestic partner of deceased prisoner of
war: RCW 73.04.115.
veterans with disabilities, prisoners of war: RCW 73.04.110.
46.16.022 Exemptions—Vehicles owned by Indian
tribes—Conditions. (1) The provisions of this chapter relating to licensing of vehicles by this state, including the display
of vehicle license number plates and license registration certificates, do not apply to vehicles owned or leased by the governing body of an Indian tribe located within this state and
recognized as a governmental entity by the United States
department of the interior, only when:
(a) The vehicle is used exclusively in tribal government
service; and
(b) The vehicle has been licensed and registered under a
law adopted by such tribal government; and
(c) Vehicle license number plates issued by the tribe
showing the initial or abbreviation of the name of the tribe are
displayed on the vehicle substantially as provided therefor in
this state; and
(d) The tribe has not elected to receive any Washington
state license plates for tribal government service vehicles
pursuant to RCW 46.16.020; and
(e) If required by the department, the tribe provides the
department with vehicle description and ownership information similar to that required for vehicles registered in this
state, which may include the model year, make, model series,
body type, type of power (gasoline, diesel, or other), VIN,
46.16.022
(2008 Ed.)
Vehicle Licenses
and the license plate number assigned to each government
service vehicle licensed by that tribe.
(2) The provisions of this section are operative as to a
vehicle owned or leased by an Indian tribe located within this
state and used exclusively in tribal government service only
to the extent that under the laws of the tribe like exemptions
and privileges are granted to all vehicles duly licensed under
the laws of this state for operation of such vehicles on all
tribal roads within the tribe’s reservation. If under the laws of
the tribe, persons operating vehicles licensed by this state are
required to pay a license or registration fee or to carry or display vehicle license number plates or a registration certificate
issued by the tribe, the tribal government shall comply with
the provisions of this state’s laws relating to the licensing and
registration of vehicles operating on the highways of this
state. [1986 c 30 § 2.]
46.16.023 Ride-sharing vehicles—Special plates—
Gross misdemeanor. (1) Every owner or lessee of a vehicle
seeking to apply for an excise tax exemption under RCW
82.08.0287, 82.12.0282, or 82.44.015 shall apply to the
director for, and upon satisfactory showing of eligibility,
receive in lieu of the regular motor vehicle license plates for
that vehicle, special plates of a distinguishing separate
numerical series or design, as the director shall prescribe. In
addition to paying all other initial fees required by law, each
applicant for the special license plates shall pay an additional
license fee of twenty-five dollars upon the issuance of such
plates. The special fee shall be deposited in the motor vehicle
fund. Application for renewal of the license plates shall be as
prescribed for the renewal of other vehicle licenses. No
renewal is required for vehicles exempted under RCW
46.16.020.
(2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred
or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is
acquired, the plates shall be transferred to that vehicle for a
fee of ten dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed
plates shall be immediately forwarded to the director to be
canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for
any reason relieved of the tax-exempt status, the special
plates shall immediately be forwarded to the director along
with an application for replacement plates and the required
fee. Upon receipt the director shall issue the license plates
that are otherwise provided by law.
(3) Any person who knowingly makes any false statement of a material fact in the application for a special plate
under subsection (1) of this section is guilty of a gross misdemeanor. [2004 c 223 § 2; 1993 c 488 § 5; 1987 c 175 § 2.]
46.16.023
Finding—Annual recertification rule—Report—1993 c 488: See
notes following RCW 82.08.0287.
Effective date—1987 c 175 § 2: "Section 2 of this act shall take effect
on January 1, 1988." [1987 c 175 § 4.]
46.16.025 Identification device for exempt farm vehicles—Application for—Contents—Fee. Before any "farm
vehicle", as defined in RCW 46.04.181, shall operate on or
move along a public highway, there shall be displayed upon
46.16.025
(2008 Ed.)
46.16.028
it in a conspicuous manner a decal or other device, as may be
prescribed by the director of licensing and issued by the
department of licensing, which shall describe in some manner
the vehicle and identify it as a vehicle exempt from the
licensing requirements of this chapter. Application for such
identifying devices shall be made to the department on a form
furnished for that purpose by the director. Such application
shall be made by the owner or lessee of the vehicle, or his
duly authorized agent over the signature of such owner or
agent, and he shall certify that the statements therein are true
to the best of his knowledge. The application must show:
(1) The name and address of the owner of the vehicle;
(2) The trade name of the vehicle, model, year, type of
body, the motor number or the identification number thereof
if such vehicle be a motor vehicle, or the serial number
thereof if such vehicle be a trailer;
(3) The purpose for which said vehicle is to be principally used;
(4) Such other information as shall be required upon
such application by the director; and
(5) Place where farm vehicle is principally used or
garaged.
A fee of five dollars shall be charged for and submitted
with such application for an identification decal as in this section provided as to each farm vehicle which fee shall be
deposited in the motor vehicle fund and distributed proportionately as otherwise provided for vehicle license fees under
RCW 46.68.030. Only one application need be made as to
each such vehicle, and the status as an exempt vehicle shall
continue until suspended or revoked for misuse, or when such
vehicle no longer is used as a farm vehicle. [1979 c 158 §
139; 1967 c 202 § 3.]
46.16.028 "Resident" defined—Vehicle registration
required. (1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or
be located in this state on more than a temporary or transient
basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring that he or she is a resident for the purpose
of obtaining a state license or tuition fees at resident rates.
(2) The term "Washington public assistance programs"
referred to in subsection (1)(b) of this section includes only
public assistance programs for which more than fifty percent
of the combined costs of benefits and administration are paid
from state funds. Programs which are not included within the
term "Washington public assistance programs" pursuant to
the above criteria include, but are not limited to the food
stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs.
1771 through 1788; and temporary assistance for needy families.
(3) A resident of the state shall register under chapters
46.12 and 46.16 RCW a vehicle to be operated on the highways of the state. New Washington residents shall be allowed
thirty days from the date they become residents as defined in
this section to procure Washington registration for their vehicles. This thirty-day period shall not be combined with any
other period of reciprocity provided for in this chapter or
46.16.028
[Title 46 RCW—page 53]
46.16.029
Title 46 RCW: Motor Vehicles
chapter 46.85 RCW. [1997 c 59 § 7; 1987 c 142 § 1; 1986 c
186 § 2; 1985 c 353 § 1.]
1921 c 96 § 11; 1919 c 59 § 6; 1917 c 155 § 7; 1915 c 142 §
11; RRS § 6322.]
Effective date—1985 c 353: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately, except for section 1 of this act, which shall take effect September 1,
1985." [1985 c 353 § 6.]
*Reviser’s note: RCW 46.87.070 was amended by 2005 c 194 § 5,
deleting subsection (1). The language from subsection (2) remains.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.16.035
46.16.029
46.16.029 Purchasing vehicle with foreign plates. It
is unlawful to purchase a vehicle bearing foreign license
plates without removing and destroying the plates unless (1)
the out-of-state vehicle is sold to a Washington resident by a
resident of a jurisdiction where the license plates follow the
owner or (2) the out-of-state plates may be returned to the
jurisdiction of issuance by the owner for refund purposes or
(3) for such other reasons as the department may deem appropriate by rule. [1987 c 142 § 2.]
46.16.030
46.16.030 Nonresident exemption—Reciprocity.
Except as is herein provided for foreign businesses, the provisions relative to the licensing of vehicles and display of
vehicle license number plates and license registration certificates shall not apply to any vehicles owned by nonresidents
of this state if the owner thereof has complied with the law
requiring the licensing of vehicles in the names of the owners
thereof in force in the state, foreign country, territory or federal district of his or her residence; and the vehicle license
number plate showing the initial or abbreviation of the name
of such state, foreign country, territory or federal district, is
displayed on such vehicle substantially as is provided therefor in this state. The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only
to the extent that under the laws of the state, foreign country,
territory or federal district of his or her residence, like exemptions and privileges are granted to vehicles duly licensed
under the laws of and owned by residents of this state. If
under the laws of such state, foreign country, territory or federal district, vehicles owned by residents of this state, operating upon the highways of such state, foreign country, territory or federal district, are required to pay the license fee and
carry the vehicle license number plates of such state, foreign
country, territory or federal district, the vehicles owned by
residents of such state, foreign country, territory or federal
district, and operating upon the highways of this state, shall
comply with the provisions of this state relating to the licensing of vehicles. Foreign businesses owning, maintaining, or
operating places of business in this state and using vehicles in
connection with such places of business, shall comply with
the provisions relating to the licensing of vehicles insofar as
vehicles used in connection with such places of business are
concerned. Under provisions of the international registration
plan, the nonmotor vehicles of member and nonmember
jurisdictions which are properly based and licensed in such
jurisdictions are granted reciprocity in this state as provided
in *RCW 46.87.070(2). The director is empowered to make
and enforce rules and regulations for the licensing of nonresident vehicles upon a reciprocal basis and with respect to any
character or class of operation. [1991 c 163 § 2; 1990 c 42 §
110; 1967 c 32 § 15; 1961 c 12 § 46.16.030. Prior: 1937 c
188 § 23; RRS § 6312-23; 1931 c 120 § 1; 1929 c 99 § 4;
[Title 46 RCW—page 54]
46.16.035 Exemptions—Private school buses. Any
bus or vehicle owned and operated by a private school or
schools meeting the requirements of RCW 28A.195.010 and
used by that school or schools primarily to transport children
to and from school or to transport children in connection with
school activities shall be exempt from the payment of license
fees for the licensing thereof as in this chapter provided. A
license issued by the department for such bus or vehicle shall
be considered an exempt license under RCW 82.44.010.
[1990 c 33 § 584; 1980 c 88 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.16.040 Form of application—Contents. Application for original vehicle license shall be made on [a] form furnished for the purpose by the department. Such application
shall be made by the owner of the vehicle or duly authorized
agent over the signature of such owner or agent, and the
applicant shall certify that the statements therein are true to
the best of the applicant’s knowledge. The application must
show:
(1) Name and address of the owner of the vehicle and, if
the vehicle is subject to a security agreement, the name and
address of the secured party;
(2) Trade name of the vehicle, model, year, type of body,
the identification number thereof;
(3) The power to be used—whether electric, steam, gas
or other power;
(4) The purpose for which said vehicle is to be used and
the nature of the license required;
(5) The licensed gross weight for such vehicle which in
the case of for hire vehicles and auto stages with seating
capacity of more than six shall be the adult seating capacity
thereof, including the operator, as provided for in RCW
46.16.111. In the case of motor trucks, tractors, and truck
tractors, the licensed gross weight shall be the gross weight
declared by the applicant pursuant to the provisions of RCW
46.16.111;
(6) The unladen weight of such vehicle, if it be a motor
truck or trailer, which shall be the shipping weight thereof as
given by the manufacturer thereof unless another weight is
shown by weight slip verified by a certified weighmaster,
which slip shall be attached to the original application;
(7) Such other information as shall be required upon
such application by the department. [1987 c 244 § 2; 1975 c
25 § 15; 1969 ex.s. c 170 § 2. Prior: 1967 ex.s. c 83 § 59;
1967 c 32 § 16; 1961 c 12 § 46.16.040; prior: 1947 c 164 §
8; 1937 c 188 § 29; Rem. Supp. 1947 § 6312-29; 1921 c 96 §
5; 1919 c 178 § 1; 1919 c 59 § 4; 1915 c 142 § 5; RRS §
6316.]
46.16.040
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
(2008 Ed.)
Vehicle Licenses
46.16.045 Temporary permits—Authority—Fees—
Secure system. (1) The department in its discretion may
grant a temporary permit to operate a vehicle for which application for registration has been made, where such application
is accompanied by the proper fee pending action upon said
application by the department.
(2) The department may authorize vehicle dealers properly licensed pursuant to chapter 46.70 RCW to issue temporary permits to operate vehicles under such rules and regulations as the department deems appropriate.
(3) The fee for each temporary permit application distributed to an authorized vehicle dealer shall be fifteen dollars, five dollars of which shall be credited to the payment of
registration fees at the time application for registration is
made. The remainder shall be deposited to the state patrol
highway account.
(4) The payment of the registration fees to an authorized
dealer is considered payment to the state of Washington.
(5) By July 1, 2009, the department shall provide access
to a secure system that allows temporary permits issued by
vehicle dealers properly licensed pursuant to chapter 46.70
RCW to be generated and printed on demand. By July 1,
2011, all such permits must be generated using the designated
system. [2008 c 51 § 1; 2007 c 155 § 1; 1990 c 198 § 1; 1973
1st ex.s. c 132 § 23; 1961 c 12 § 46.16.045. Prior: 1959 c 66
§ 1.]
46.16.045
Effective date—2007 c 155: "This act takes effect August 1, 2007."
[2007 c 155 § 3.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
46.16.047 Temporary permits—Form and contents—Duration—Fees. Forms for such temporary permits
shall be prescribed and furnished by the department. Temporary permits shall bear consecutive numbers, shall show the
name and address of the applicant, trade name of the vehicle,
model, year, type of body, identification number and date of
application, and shall be such as may be affixed to the vehicle
at the time of issuance, and remain on such vehicle only during the period of such registration and until the receipt of permanent license plates. The application shall be registered in
the office of the person issuing the permit and shall be forwarded by him to the department each day together with the
fee accompanying it.
A fee of fifty cents shall be charged by the person authorized to issue such permit which shall be accounted for in the
same manner as the other fees collected by such officers, provided that such fees collected by county auditors or their
agents shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited
to the county current expense fund. [1961 c 12 § 46.16.047.
Prior: 1959 c 66 § 2.]
46.16.047
46.16.048 Temporary letter of authority for movement of unlicensed vehicle for special community event.
The department in its discretion may issue a temporary letter
of authority authorizing the movement of an unlicensed vehicle or the temporary usage of a special plate for the purpose
of promoting or participating in an event such as a parade,
pageant, fair, convention, or other special community activity. The letter of authority may not be issued to or used by
anyone for personal gain, but public identification of the
46.16.048
(2008 Ed.)
46.16.0621
sponsor or owner of the donated vehicle shall not be considered to be personal gain. [1977 c 25 § 2.]
46.16.0621
46.16.0621 License fee. (1) License tab fees are
required to be $30 per year for motor vehicles, regardless of
year, value, make, or model.
(2) For the purposes of this section, "license tab fees" are
defined as the general fees paid annually for licensing motor
vehicles and trailers as defined in RCW 46.04.620 and
46.04.623, including cars, sport utility vehicles, motorcycles,
and motor homes. Trailers licensed under RCW 46.16.068 or
46.16.085 and campers licensed under RCW 46.16.505 are
not required to pay license tab fees under this section. [2003
c 1 § 2 (Initiative Measure No. 776, approved November 5,
2002); 2002 c 352 § 7; 2000 1st sp.s. c 1 § 1.]
Reviser’s note: This section was amended by 2002 c 352 § 7 and by
2003 c 1 § 2 (Initiative Measure No. 776), each without reference to the
other. Both amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Policies and purposes—2003 c 1 (Initiative Measure No. 776): "This
measure would require license tab fees to be $30 per year for motor vehicles
and light trucks and would repeal certain government-imposed charges,
including excise taxes and fees, levied on motor vehicles. Politicians promised "$30 license tabs are here to stay" and promised any increases in vehicle-related taxes, fees and surcharges would be put to a public vote. Politicians should keep their promises. As long as taxpayers must pay incredibly
high sales taxes when buying motor vehicles (meaning state and local governments receive huge windfalls of sales tax revenue from these transactions), the people want license tab fees to not exceed the promised $30 per
year. Without this follow-up measure, "tab creep" will continue until license
tab fees are once again obscenely expensive, as they were prior to Initiative
695. The people want a public vote on any increases in vehicle-related taxes,
fees and surcharges to ensure increased accountability. Voters will require
more cost-effective use of existing revenues and fundamental reforms before
approving higher charges on motor vehicles (such changes may remove the
need for any increases). Also, dramatic changes to transportation plans and
programs previously presented to voters must be resubmitted. This measure
provides a strong directive to all taxing districts to obtain voter approval
before imposing taxes, fees and surcharges on motor vehicles. However, if
the legislature ignores this clear message, a referendum will be filed to protect the voters’ rights. Politicians should just do the right thing and keep their
promises." [2003 c 1 § 1 (Initiative Measure No. 776, approved November
5, 2002).]
Construction—2003 c 1 (Initiative Measure No. 776): "The provisions of this act are to be liberally construed to effectuate the intent, policies,
and purposes of this act." [2003 c 1 § 9 (Initiative Measure No. 776,
approved November 5, 2002).]
Intent—2003 c 1 (Initiative Measure No. 776): "The people have
made clear through the passage of numerous initiatives and referenda that
taxes need to be reasonable and tax increases should always be a last resort.
However, politicians throughout the state of Washington continue to ignore
these repeated mandates.
The people expect politicians to keep their promises. The legislative
intent of this measure is to ensure that they do.
Politicians are reminded:
(1) Washington voters want license tab fees to be $30 per year for
motor vehicles unless voters authorize higher vehicle-related charges at an
election.
(2) All political power is vested in the people, as stated in Article I, section 1 of the Washington state Constitution.
(3) The first power reserved by the people is the initiative, as stated in
Article II, section 1 of the Washington state Constitution.
(4) When voters approve initiatives, politicians have a moral, ethical,
and constitutional obligation to fully implement them. When politicians
ignore this obligation, they corrupt the term "public servant."
(5) Any attempt to violate the clear intent and spirit of this measure
undermines the trust of the people in their government and will increase the
[Title 46 RCW—page 55]
46.16.063
Title 46 RCW: Motor Vehicles
likelihood of future tax limitation measures." [2003 c 1 § 11 (Initiative Measure No. 776, approved November 5, 2002).]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2000 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 1st sp.s. c 1 § 3.]
Retroactive application—2000 1st sp.s. c 1: "This act applies retroactively to January 1, 2000." [2000 1st sp.s. c 1 § 4.]
Boat trailer fee: RCW 46.16.670.
46.16.063 Additional fee for recreational vehicles. In
addition to other fees for the licensing of vehicles there shall
be paid and collected annually for each camper, travel trailer,
and motor home as the same are defined in RCW 82.50.010 a
fee of three dollars to be deposited in the RV account of the
motor vehicle fund. Under RCW 43.135.055, the department
of transportation may increase RV account fees by a percentage that exceeds the fiscal growth factor. After consultation
with citizen representatives of the recreational vehicle user
community, the department of transportation may implement
RV account fee adjustments no more than once every four
years. RV account fee adjustments must be preceded by evaluation of the following factors: Maintenance of a self-supporting program, levels of service at existing RV sanitary disposal facilities, identified needs for improved RV service at
safety rest areas statewide, sewage treatment costs, and inflation. If the department chooses to adjust the RV account fee,
it shall notify the department of licensing six months before
implementation of the fee increase. Adjustments in the RV
account fee must be in increments of no more than fifty cents
per biennium. [1996 c 237 § 1; 1980 c 60 § 2.]
46.16.063
Effective date—1996 c 237 § 1: "Section 1 of this act takes effect with
motor vehicle fees due or to become due September 1, 1996." [1996 c 237 §
4.]
Effective date—1980 c 60: See note following RCW 47.38.050.
46.16.068 Trailing units—Permanent plates. Trailing
units which are subject to *RCW 82.44.020(4) shall, upon
application, be issued a permanent license plate that is valid
until the vehicle is sold, permanently removed from the state,
or otherwise disposed of by the registered owner. The fee for
this license plate is thirty-six dollars. Upon the sale, permanent removal from the state, or other disposition of a trailing
unit bearing a permanent license plate the registered owner is
required to return the license plate and registration certificate
to the department. Violations of this section or misuse of a
permanent license plate may subject the registered owner to
prosecution or denial, or both, of future permanent registration of any trailing units. This section does not apply to any
trailing units subject to the annual excise taxes prescribed in
*RCW 82.44.020. The department is authorized to adopt
rules to implement this section for leased vehicles and other
applications as necessary. [1998 c 321 § 32 (Referendum
Bill No. 49, approved November 3, 1998); 1993 c 123 § 4.]
46.16.068
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 §
2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
[Title 46 RCW—page 56]
46.16.070
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition
to the mileage fees prescribed for buses and stages in RCW
46.16.125, there shall be paid and collected annually for each
truck, motor truck, truck tractor, road tractor, tractor, bus,
auto stage, or for hire vehicle with seating capacity of more
than six, based upon the declared combined gross weight or
declared gross weight under chapter 46.44 RCW, the following licensing fees by weight:
WEIGHT
4,000 lbs.. . . . . . . . . . . . . .
6,000 lbs.. . . . . . . . . . . . . .
8,000 lbs.. . . . . . . . . . . . . .
10,000 lbs.. . . . . . . . . . . . . .
12,000 lbs.. . . . . . . . . . . . . .
14,000 lbs.. . . . . . . . . . . . . .
16,000 lbs.. . . . . . . . . . . . . .
18,000 lbs.. . . . . . . . . . . . . .
20,000 lbs.. . . . . . . . . . . . . .
22,000 lbs.. . . . . . . . . . . . . .
24,000 lbs.. . . . . . . . . . . . . .
26,000 lbs.. . . . . . . . . . . . . .
28,000 lbs.. . . . . . . . . . . . . .
30,000 lbs.. . . . . . . . . . . . . .
32,000 lbs.. . . . . . . . . . . . . .
34,000 lbs.. . . . . . . . . . . . . .
36,000 lbs.. . . . . . . . . . . . . .
38,000 lbs.. . . . . . . . . . . . . .
40,000 lbs.. . . . . . . . . . . . . .
42,000 lbs.. . . . . . . . . . . . . .
44,000 lbs.. . . . . . . . . . . . . .
46,000 lbs.. . . . . . . . . . . . . .
48,000 lbs.. . . . . . . . . . . . . .
50,000 lbs.. . . . . . . . . . . . . .
52,000 lbs.. . . . . . . . . . . . . .
54,000 lbs.. . . . . . . . . . . . . .
56,000 lbs.. . . . . . . . . . . . . .
58,000 lbs.. . . . . . . . . . . . . .
60,000 lbs.. . . . . . . . . . . . . .
62,000 lbs.. . . . . . . . . . . . . .
64,000 lbs.. . . . . . . . . . . . . .
66,000 lbs.. . . . . . . . . . . . . .
68,000 lbs.. . . . . . . . . . . . . .
70,000 lbs.. . . . . . . . . . . . . .
72,000 lbs.. . . . . . . . . . . . . .
74,000 lbs.. . . . . . . . . . . . . .
76,000 lbs.. . . . . . . . . . . . . .
78,000 lbs.. . . . . . . . . . . . . .
80,000 lbs.. . . . . . . . . . . . . .
82,000 lbs.. . . . . . . . . . . . . .
84,000 lbs.. . . . . . . . . . . . . .
86,000 lbs.. . . . . . . . . . . . . .
88,000 lbs.. . . . . . . . . . . . . .
90,000 lbs.. . . . . . . . . . . . . .
92,000 lbs.. . . . . . . . . . . . . .
94,000 lbs.. . . . . . . . . . . . . .
96,000 lbs.. . . . . . . . . . . . . .
98,000 lbs.. . . . . . . . . . . . . .
100,000 lbs.. . . . . . . . . . . . . .
102,000 lbs.. . . . . . . . . . . . . .
104,000 lbs.. . . . . . . . . . . . . .
105,500 lbs.. . . . . . . . . . . . . .
SCHEDULE A
SCHEDULE B
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
40.00. . . . . . . . . .
50.00. . . . . . . . . .
60.00. . . . . . . . . .
62.00. . . . . . . . . .
79.00. . . . . . . . . .
90.00. . . . . . . . . .
102.00. . . . . . . . . .
154.00. . . . . . . . . .
171.00. . . . . . . . . .
185.00. . . . . . . . . .
200.00. . . . . . . . . .
211.00. . . . . . . . . .
249.00. . . . . . . . . .
287.00. . . . . . . . . .
346.00. . . . . . . . . .
368.00. . . . . . . . . .
399.00. . . . . . . . . .
438.00. . . . . . . . . .
501.00. . . . . . . . . .
521.00. . . . . . . . . .
532.00. . . . . . . . . .
572.00. . . . . . . . . .
596.00. . . . . . . . . .
647.00. . . . . . . . . .
680.00. . . . . . . . . .
734.00. . . . . . . . . .
775.00. . . . . . . . . .
806.00. . . . . . . . . .
859.00. . . . . . . . . .
921.00. . . . . . . . . .
941.00. . . . . . . . . .
1,048.00. . . . . . . . . .
1,093.00. . . . . . . . . .
1,177.00. . . . . . . . . .
1,259.00. . . . . . . . . .
1,368.00. . . . . . . . . .
1,478.00. . . . . . . . . .
1,614.00. . . . . . . . . .
1,742.00. . . . . . . . . .
1,863.00. . . . . . . . . .
1,983.00. . . . . . . . . .
2,104.00. . . . . . . . . .
2,225.00. . . . . . . . . .
2,346.00. . . . . . . . . .
2,466.00. . . . . . . . . .
2,587.00. . . . . . . . . .
2,708.00. . . . . . . . . .
2,829.00. . . . . . . . . .
2,949.00. . . . . . . . . .
3,070.00. . . . . . . . . .
3,191.00. . . . . . . . . .
3,312.00. . . . . . . . . .
40.00
50.00
60.00
62.00
79.00
90.00
102.00
154.00
171.00
185.00
200.00
211.00
249.00
287.00
346.00
368.00
399.00
438.00
501.00
611.00
622.00
662.00
686.00
737.00
770.00
824.00
865.00
896.00
949.00
1,011.00
1,031.00
1,138.00
1,183.00
1,267.00
1,349.00
1,458.00
1,568.00
1,704.00
1,832.00
1,953.00
2,073.00
2,194.00
2,315.00
2,436.00
2,556.00
2,677.00
2,798.00
2,919.00
3,039.00
3,160.00
3,281.00
3,402.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B
applies to vehicles that tow trailers and are not covered under
Schedule A.
(2008 Ed.)
Vehicle Licenses
Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight unless
the amount would be in excess of the legal limits prescribed
for such a vehicle in RCW 46.44.041 or 46.44.042, in which
event the vehicle shall be licensed for the maximum weight
authorized for such a vehicle or unless the vehicle is used
only for the purpose of transporting any well drilling
machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar
machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or
combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing
fees have been paid, including the month in which the new
gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with
RCW 46.68.035.
(3) In lieu of the gross weight fee under subsection (1) of
this section, farm vehicles may be licensed upon payment of
the fee in effect under subsection (1) of this section on May
1, 2005. In order to qualify for the reduced fee under this
subsection, the farm vehicle must be exempt from property
taxes in accordance with RCW 84.36.630. The applicant
must submit copies of the forms required under RCW
84.36.630. The application for the reduced fee under this
subsection shall require the applicant to attest that the vehicle
shall be used primarily for farming purposes. The department shall provide licensing agents and subagents with a
schedule of the appropriate licensing fees for farm vehicles.
[2005 c 314 § 204. Prior: 2003 c 361 § 201; 2003 c 1 § 3 (Initiative Measure No. 776, approved November 5, 2002); 1994
c 262 § 8; 1993 sp.s. c 23 § 60; prior: 1993 c 123 § 5; 1993 c
102 § 1; 1990 c 42 § 105; 1989 c 156 § 1; prior: 1987 1st ex.s.
c 9 § 4; 1987 c 244 § 3; 1986 c 18 § 4; 1985 c 380 § 15; 1975’76 2nd ex.s. c 64 § 1; 1969 ex.s. c 281 § 54; 1967 ex.s. c 118
§ 1; 1967 ex.s. c 83 § 56; 1961 ex.s. c 7 § 11; 1961 c 12 §
46.16.070; prior: 1957 c 273 § 1; 1955 c 363 § 2; prior: 1951
c 269 § 9; 1950 ex.s. c 15 § 1, part; 1939 c 182 § 3, part; 1937
c 188 § 17, part; 1931 c 140 § 1, part; 1921 c 96 § 15, part;
1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 § 15,
part; Rem. Supp. 1949 § 6312-17, part; RRS § 6326, part.]
Effective dates—2005 c 314 §§ 110 and 201-206: See note following
RCW 46.17.010.
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Application—2003 c 361 § 201: "Section 201 of this act is effective
with registrations that are due or will become due August 1, 2003, and thereafter." [2003 c 361 § 704.]
(2008 Ed.)
46.16.073
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Construction—Intent—2003 c 1 (Initiative Measure No. 776): See
notes following RCW 46.16.0621.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act take
effect July 1, 1994." [1994 c 262 § 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of vehicle registrations that have a December 1990 or later expiration date and all
initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-’76 2nd ex.s. c 64: "Sections 1, 2, and 5
through 24 of this 1976 amendatory act shall take effect on July 1, 1976, and
sections 3 and 4 of this 1976 amendatory act shall take effect on January 1,
1977. All current and outstanding valid licenses and permits held by licensees on July 1, 1976, shall remain valid until their expiration dates, but renewals and original applications made after July 1, 1976, shall be governed by
the law in effect at the time such renewal or application is made." [1975-’76
2nd ex.s. c 64 § 25.]
Severability—1975-’76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW 46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.071 Additional fees. (1) In addition to the fees
set forth in RCW 46.16.070, there shall be paid and collected
annually upon registration, a fee of one dollar for each truck,
motor truck, truck tractor, road tractor, tractor, bus, auto
stage, or for hire vehicle with seating capacity of more than
six, notwithstanding the provisions of RCW 46.16.070.
(2) In addition to the fees set forth in RCW 46.16.085,
there shall be paid and collected annually upon registration, a
fee of one dollar for each trailer, semitrailer, and pole trailer,
notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from the fees collected under subsections (1) and (2) of this section shall be deposited into the
highway safety fund, except that for each vehicle registered
by a county auditor or agent to a county auditor under RCW
46.01.140, the proceeds shall be credited to the current
county expense fund. [1996 c 315 § 4.]
46.16.071
Effective dates—1996 c 315 §§ 1, 4, 5: See note following RCW
46.01.140.
46.16.073 Federal heavy vehicle use tax. The department may refuse registration of a vehicle if the applicant has
failed to furnish proof, acceptable to the department, that the
federal heavy vehicle use tax imposed by section 4481 of the
internal revenue code of 1954 has been paid.
The department may adopt rules as deemed necessary to
administer this section. [1985 c 79 § 1.]
46.16.073
[Title 46 RCW—page 57]
46.16.076
Title 46 RCW: Motor Vehicles
46.16.076 Voluntary donation—State parks renewal
and stewardship account. (1) The department shall provide
an opportunity for owners of vehicles registered under RCW
46.16.0621 and vehicles licensed under RCW 46.16.070 with
a declared gross weight of ten thousand pounds or less, to
make a voluntary donation of five dollars at the time of initial
or renewal registration. The donation must be deposited in
the state parks renewal and stewardship account established
in RCW 79A.05.215 to be used for the operation and maintenance of state parks.
(2) This section applies to registrations due or to become
due on or after January 1, 2008. [2007 c 340 § 1.]
46.16.076
46.16.088 Transfer of license plates—Penalty.
Except as provided in RCW 46.16.290, the transfer of license
plates issued pursuant to this chapter between two or more
vehicles is a traffic infraction subject to a fine not to exceed
five hundred dollars. Any law enforcement agency that determines that a license plate has been transferred between two or
more vehicles shall confiscate the license plates and return
them to the department for nullification along with full
details of the reasons for confiscation. Each vehicle identified
in the transfer will be issued a new license plate upon application by the owner or owners thereof and payment of the full
fees and taxes. [1986 c 18 § 9; 1985 c 380 § 17.]
46.16.088
Severability—1985 c 380: See RCW 46.87.900.
46.16.079 Fixed load motor vehicle equipped for lifting or towing—Capacity fee in addition to and in lieu.
The licensee of any fixed load motor vehicle equipped for
lifting or towing any disabled, impounded, or abandoned
vehicle or part thereof, may pay a capacity fee of twenty-five
dollars in addition to all other fees required for the annual
licensing of motor vehicles in lieu of the licensing fees provided in RCW 46.16.070. [1986 c 18 § 5; 1975 c 25 § 16;
1963 c 18 § 1.]
46.16.079
46.16.085 Commercial trailers, pole trailers—Fee in
lieu. In lieu of all other licensing fees, an annual license fee
of thirty-six dollars shall be collected in addition to the excise
tax prescribed in chapter 82.44 RCW for: (1) Each trailer and
semitrailer not subject to the license fee under *RCW
46.16.065 or the capacity fees under **RCW 46.16.080; (2)
every pole trailer. The proceeds from this fee shall be distributed in accordance with RCW 46.68.035. This section does
not pertain to travel trailers or personal use trailers that are
not used for commercial purposes or owned by commercial
enterprises. [1991 c 163 § 3; 1989 c 156 § 2; 1987 c 244 § 4;
1986 c 18 § 8; 1985 c 380 § 16.]
46.16.085
Reviser’s note: *(1) RCW 46.16.065 was repealed by 2002 c 352 § 28.
**(2) RCW 46.16.080 was repealed by 1994 c 262 § 28, effective July
1, 1994.
Application—1989 c 156: See note following RCW 46.16.070.
Severability—1985 c 380: See RCW 46.87.900.
46.16.086 Single-axle trailers—Fee in lieu. In lieu of
the license tab fees provided in RCW 46.16.0621, private use
single-axle trailers of two thousand pounds scale weight or
less may be licensed upon the payment of a license fee in the
sum of fifteen dollars, but only if the trailer is operated upon
public highways. The license fee must be collected annually
for each registration year or fraction of a registration year.
This reduced license fee applies only to trailers operated for
personal use of the owners, and not trailers held for rental to
the public or used in any commercial or business endeavor.
The proceeds from the fees collected under this section shall
be distributed in accordance with RCW 46.68.035(2). [2006
c 337 § 2; 2005 c 314 § 203.]
46.16.086
Effective dates—2005 c 314 §§ 110 and 201-206: See note following
RCW 46.17.010.
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Boat trailer fee: RCW 46.16.670.
[Title 46 RCW—page 58]
46.16.090 Gross weight fees on farm vehicles—Penalty. Motor trucks, truck tractors, and tractors may be specially licensed based on the declared gross weight thereof for
the various amounts set forth in the schedule provided in
RCW 46.16.070 less twenty-three dollars; divide the difference by two and add twenty-three dollars, when such vehicles
are owned and operated by farmers, but only if the following
condition or conditions exist:
(1) When such vehicles are to be used for the transportation of the farmer’s own farm, orchard, or dairy products, or
the farmer’s own private sector cultured aquatic products as
defined in RCW 15.85.020, from point of production to market or warehouse, and of supplies to be used on the farmer’s
farm. Fish other than those that are such private sector cultured aquatic products and forestry products are not considered as farm products; and/or
(2) When such vehicles are to be used for the infrequent
or seasonal transportation by one farmer for another farmer in
the farmer’s neighborhood of products of the farm, orchard,
dairy, or aquatic farm owned by the other farmer from point
of production to market or warehouse, or supplies to be used
on the other farm, but only if transportation for another
farmer is for compensation other than money. Farmers shall
be permitted an allowance of an additional eight thousand
pounds, within the legal limits, on such vehicles, when used
in the transportation of the farmer’s own farm machinery
between the farmer’s own farm or farms and for a distance of
not more than thirty-five miles from the farmer’s farm or
farms.
The department shall prepare a special form of application to be used by farmers applying for licenses under this
section, which form shall contain a statement to the effect
that the vehicle concerned will be used subject to the limitations of this section. The department shall prepare special
insignia which shall be placed upon all such vehicles to indicate that the vehicle is specially licensed, or may, in its discretion, substitute a special license plate for such vehicle for
such designation.
Operation of such a specially licensed vehicle in transportation upon public highways in violation of the limitations
of this section is a traffic infraction. [1989 c 156 § 3; 1986 c
18 § 10. Prior: 1985 c 457 § 16; 1985 c 380 § 18; 1979 ex.s.
c 136 § 45; 1977 c 25 § 1; 1969 ex.s. c 169 § 1; 1961 c 12 §
46.16.090; prior: 1957 c 273 § 13; 1955 c 363 § 6; prior:
1953 c 227 § 1; 1951 c 269 § 12; 1950 ex.s. c 15 § 1, part;
1949 c 220 § 10, part; 1947 c 200 § 15, part; 1941 c 224 § 1,
part; 1939 c 182 § 3, part; 1937 c 188 § 17, part; Rem. Supp.
46.16.090
(2008 Ed.)
Vehicle Licenses
1949 § 6312-17, part; 1931 c 140 § 1, part; 1921 c 96 § 15,
part; 1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 §
15, part; RRS § 6326, part.]
Application—1989 c 156: See note following RCW 46.16.070.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.111 Gross weight, how computed. The gross
weight in the case of any motor truck, tractor, or truck tractor
shall be the scale weight of the motor truck, tractor, or truck
tractor, plus the scale weight of any trailer, semitrailer, converter gear, or pole trailer to be towed thereby, to which shall
be added the weight of the maximum load to be carried
thereon or towed thereby as set by the licensee in the application if it does not exceed the weight limitations prescribed by
chapter 46.44 RCW. If the sum of the scale weight and maximum load of the trailer is not greater than four thousand
pounds, that sum shall not be computed as part of the gross
weight of any motor truck, tractor, or truck tractor. Where the
trailer is a utility trailer, travel trailer, horse trailer, or boat
trailer, for the personal use of the owner of the truck, tractor,
or truck tractor, and not for sale or commercial purposes, the
gross weight of such trailer and its load shall not be computed
as part of the gross weight of any motor truck, tractor, or
truck tractor. The weight of any camper is exempt from the
determination of gross weight in the computation of any
licensing fees required under RCW 46.16.070.
The gross weight in the case of any bus, auto stage, or for
hire vehicle, except taxicabs, with a seating capacity over six,
shall be the scale weight of each bus, auto stage, and for hire
vehicle plus the seating capacity, including the operator’s
seat, computed at one hundred and fifty pounds per seat.
If the resultant gross weight, according to this section, is
not listed in RCW 46.16.070, it shall be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
[1987 c 244 § 5; 1986 c 18 § 11; 1971 ex.s. c 231 § 1; 1969
ex.s. c 170 § 6; 1967 ex.s. c 83 § 57.]
46.16.111
Effective date—1971 c 231: See note following RCW 46.01.130.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.121 Seating capacity fees on stages, for hire
vehicles. In addition to other fees for the licensing of vehicles, there shall be paid and collected annually, for each auto
stage and for hire vehicle, except taxicabs, with a seating
capacity of six or less the sum of fifteen dollars. [1967 ex.s.
c 83 § 58.]
46.16.140
butane, or propane, the payment required in this section is
twenty cents per one hundred miles of such operation. The
commission shall transmit all sums so collected to the state
treasurer, who shall deposit the same in the motor vehicle
fund. Any person failing to make any payment required by
this section is subject to a penalty of one hundred percent of
the payment due in this section, in addition to any penalty
provided for failure to submit a report. Any penalties so collected shall be credited to the public service revolving fund.
[1997 c 215 § 2; 1967 ex.s. c 83 § 60; 1961 c 12 § 46.16.125.
Prior: 1951 c 269 § 14.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.135 Monthly license fee—Penalty. The annual
vehicle licensing fees as provided in RCW 46.16.070 for any
motor vehicle or combination of vehicles having a declared
gross weight in excess of twelve thousand pounds may be
paid for any full registration month or months at one-twelfth
of the usual annual fee plus two dollars, this sum to be multiplied by the number of full months for which the fees are paid
if for less than a full year. An additional fee of two dollars
shall be collected each time a license fee is paid.
Operation of a vehicle licensed under the provisions of
this section by any person upon the public highways after the
expiration of the monthly license is a traffic infraction, and in
addition the person shall be required to pay a license fee for
the vehicle involved covering an entire registration year’s
operation, less the fees for any registration month or months
of the registration year already paid. If, within five days, no
license fee for a full registration year has been paid as
required aforesaid, the Washington state patrol, county sheriff, or city police shall impound such vehicle in such manner
as may be directed for such cases by the chief of the Washington state patrol, until such requirement is met. [1986 c 18
§ 12; 1985 c 380 § 19; 1979 ex.s. c 136 § 46; 1979 c 134 § 1;
1975-’76 2nd ex.s. c 64 § 3; 1975 1st ex.s. c 118 § 6; 1969
ex.s. c 170 § 7; 1961 c 12 § 46.16.135. Prior: 1951 c 269 §
16.]
46.16.135
Severability—1985 c 380: See RCW 46.87.900.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.121
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.125 Mileage fees on stages—Penalty. In addition to the fees required by RCW 46.16.070, operators of auto
stages with seating capacity over six shall pay, at the time
they file gross earning returns with the utilities and transportation commission, the sum of fifteen cents for each one hundred vehicle miles operated by each auto stage over the public highways of this state. However, in the case of each auto
stage propelled by steam, electricity, natural gas, diesel oil,
46.16.125
(2008 Ed.)
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
46.16.140 Overloading licensed capacity—Additional license—Penalties—Exceptions. It is a traffic infraction for any person to operate, or cause, permit, or suffer to be
operated upon a public highway of this state any bus, auto
stage, motor truck, truck tractor, or tractor, with passengers,
or with a maximum gross weight, in excess of that for which
the motor vehicle or combination is licensed.
Any person who operates or causes to be operated upon
a public highway of this state any motor truck, truck tractor,
or tractor with a maximum gross weight in excess of the maximum gross weight for which the vehicle is licensed shall be
deemed to have set a new maximum gross weight and shall,
in addition to any penalties otherwise provided, be required
to purchase a new license covering the new maximum gross
46.16.140
[Title 46 RCW—page 59]
46.16.145
Title 46 RCW: Motor Vehicles
weight, and any failure to secure such new license is a traffic
infraction. No such person may be permitted or required to
purchase the new license for a gross weight or combined
gross weight which would exceed the maximum gross weight
or combined gross weight allowed by law. This section does
not apply to for hire vehicles, buses, or auto stages operating
principally within cities and towns. [1986 c 18 § 13; 1979
ex.s. c 136 § 47; 1961 c 12 § 46.16.140. Prior: 1955 c 384 §
16; 1951 c 269 § 18; 1937 c 188 § 25, part; RRS § 6312-25,
part.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.145 Overloading licensed capacity—Penalties.
Any person violating any of the provisions of RCW
46.16.140 shall, upon a first offense, pay a penalty of not less
than twenty-five dollars nor more than fifty dollars; upon a
second offense pay a penalty of not less than fifty dollars nor
more than one hundred dollars, and in addition the court may
suspend the certificate of license registration of the vehicle
for not more than thirty days; upon a third and subsequent
offense pay a penalty of not less than one hundred dollars nor
more than two hundred dollars, and in addition the court shall
suspend the certificate of license registration of the vehicle
for not less than thirty days nor more than ninety days.
Upon ordering the suspension of any certificate of
license registration, the court or judge shall forthwith secure
such certificate and mail it to the director. [1979 ex.s. c 136
§ 48; 1975-’76 2nd ex.s. c 64 § 5; 1961 c 12 § 46.16.145.
Prior: 1951 c 269 § 19; 1937 c 188 § 25, part; RRS § 631225, part.]
46.16.145
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.150 School buses exempt from load and seat
capacity fees. No provision of the law of this state shall be
construed to require for hire vehicle license or adult seating
capacity fees, either directly or indirectly for the transportation of school children or teachers, or both, to and from
school and other school activities, or either, whether the same
be done in motor vehicles owned, leased, rented or used by
the school authority or upon contract to furnish such transportation: PROVIDED, That this section shall apply to vehicles used exclusively for the purpose set forth and in the
event that any vehicle so used is also used for any other purpose, such vehicle shall be appropriately licensed for such
other purpose, as required by this chapter. [1961 c 12 §
46.16.150. Prior: 1937 c 188 § 22; RRS § 6312-22.]
46.16.150
46.16.160 Vehicle trip permits—Restrictions and
requirements—Fees and taxes—Penalty—Rules. (1) The
owner of a vehicle which under reciprocal relations with
another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be
required to obtain a license registration for operation on public highways of this state may, as an alternative to such
license registration, secure and operate such vehicle under
authority of a trip permit issued by this state in lieu of a
46.16.160
[Title 46 RCW—page 60]
Washington certificate of license registration, and licensed
gross weight if applicable. The licensed gross weight may
not exceed eighty thousand pounds for a combination of
vehicles nor forty thousand pounds for a single unit vehicle
with three or more axles. Trip permits are required for movement of mobile homes or park model trailers and may only be
issued if property taxes are paid in full. For the purpose of
this section, a vehicle is considered unlicensed if the licensed
gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried.
Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.
(2) Each trip permit shall authorize the operation of a
single vehicle at the maximum legal weight limit for such
vehicle for a period of three consecutive days commencing
with the day of first use. No more than three such permits
may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle
as defined in RCW 43.22.335, no more than two trip permits
may be used for any one vehicle in a one-year period. Every
permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety
and signed by the operator before operation of the vehicle on
the public highways of this state. Correction of data on the
permit such as dates, license number, or vehicle identification
number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the
department.
(3) Vehicles operating under authority of trip permits are
subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on
trip permits in Washington shall retain the customer copy of
such permit for four years.
(5) Trip permits may be obtained from field offices of
the department of transportation, department of licensing, or
other agents appointed by the department. The fee for each
trip permit is twenty dollars. Five dollars from every twentydollar trip permit fee shall be deposited into the state patrol
highway account and must be used for commercial motor
vehicle inspections. For each permit issued, the fee includes
a filing fee as provided by RCW 46.01.140 and an excise tax
of one dollar. The remaining portion of the trip permit fee
must be deposited to the credit of the motor vehicle fund as an
administrative fee. If the filing fee amount of three dollars as
prescribed in RCW 46.01.140 is increased or decreased after
July 1, 2002, the administrative fee must be increased or
decreased by the same amount so that the total trip permit
would be adjusted equally to compensate. These fees and
taxes are in lieu of all other vehicle license fees and taxes. No
exchange, credits, or refunds may be given for trip permits
after they have been purchased.
(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the
public. County auditors or businesses so appointed may
retain the filing fee collected for each trip permit to defray
expenses incurred in handling and selling the permits.
(7) Commercial motor vehicles that are owned by a
motor carrier subject to RCW 46.32.080, must not be operated on trip permits authorized by RCW 46.16.160 or
(2008 Ed.)
Vehicle Licenses
46.16.162 if the motor carrier’s department of transportation
number has been placed out of service by the Washington
state patrol. A violation of or a failure to comply with this
subsection is a gross misdemeanor, subject to a minimum
monetary penalty of two thousand five hundred dollars for
the first violation and five thousand dollars for each subsequent violation.
(8) Except as provided in subsection (7) of this section, a
violation of or a failure to comply with any provision of this
section is a gross misdemeanor.
(9) The department of licensing may adopt rules as it
deems necessary to administer this section.
(10) A surcharge of five dollars is imposed on the issuance of trip permits. The portion of the surcharge paid by
motor carriers must be deposited in the motor vehicle fund
for the purpose of supporting vehicle weigh stations, weighin-motion programs, and the commercial vehicle information
systems and networks program. The remaining portion of the
surcharge must be deposited in the motor vehicle fund for the
purpose of supporting congestion relief programs. All other
administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department
with proper identifying detailed report to the state treasurer
who shall deposit the administrative fees to the credit of the
motor vehicle fund and the excise taxes to the credit of the
general fund. Filing fees will be forwarded and reported to
the state treasurer by the department as prescribed in RCW
46.01.140. [2007 c 419 § 6. Prior: 2002 c 352 § 8; 2002 c
168 § 5; 1999 c 270 § 1; 1996 c 184 § 2; 1993 c 102 § 2; 1987
c 244 § 6; 1981 c 318 § 1; 1977 ex.s. c 22 § 5; 1975-’76 2nd
ex.s. c 64 § 6; 1969 ex.s. c 170 § 8; 1961 c 306 § 1; 1961 c 12
§ 46.16.160; prior: 1957 c 273 § 3; 1955 c 384 § 17; 1949 c
174 § 1; 1947 c 176 § 1; 1937 c 188 § 24; Rem. Supp. 1949 §
6312-24.]
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.162 Farm vehicle trip permits. (1) The owner of
a farm vehicle licensed under RCW 46.16.090 purchasing a
monthly license under RCW 46.16.135 may, as an alternative
to the first partial month of the license registration, secure
and operate the vehicle under authority of a farm vehicle trip
permit issued by this state. The licensed gross weight may
not exceed eighty thousand pounds for a combination of
vehicles nor forty thousand pounds for a single unit vehicle
with three or more axles.
(2) If a monthly license previously issued has expired,
the owner of a farm vehicle may, as an alternative to purchasing a full monthly license, secure and operate the vehicle
under authority of a farm vehicle trip permit issued by this
state. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand
pounds for a single unit vehicle with three or more axles.
46.16.210
(3) Each farm vehicle trip permit shall authorize the
operation of a single vehicle at the maximum legal weight
limit for the vehicle for the period remaining in the first
month of monthly license, commencing with the day of first
use. No more than four such permits may be used for any one
vehicle in any twelve-month period. Every permit shall identify, as the department may require, the vehicle for which it is
issued and shall be completed in its entirety and signed by the
operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as
dates, license number, or vehicle identification number invalidates the permit. The farm vehicle trip permit shall be displayed on the vehicle to which it is issued as prescribed by the
department.
(4) Vehicles operating under authority of farm vehicle
trip permits are subject to all laws, rules, and regulations
affecting the operation of like vehicles in this state.
(5) Farm vehicle trip permits may be obtained from the
department of licensing or agents and subagents appointed by
the department. The fee for each farm vehicle trip permit is
six dollars and twenty-five cents. Farm vehicle trip permits
sold by the department’s agents or subagents are subject to
fees specified in RCW 46.01.140 (4)(a), (5)(b), or (6).
(6) The proceeds from farm vehicle trip permits received
by the director shall be forwarded to the state treasurer to be
distributed as provided in RCW 46.68.035(2).
(7) No exchange, credits, or refunds may be given for
farm vehicle trip permits after they have been purchased.
(8) The department of licensing may adopt rules as it
deems necessary to administer this section. [2006 c 337 § 3;
2005 c 314 § 206.]
Effective dates—2005 c 314 §§ 110 and 201-206: See note following
RCW 46.17.010.
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
46.16.180 Unlawful to carry passengers for hire without license. It shall be unlawful for the owner or operator of
any vehicle not licensed annually for hire or as an auto stage
and for which additional seating capacity fee as required by
this chapter has not been paid, to carry passengers therein for
hire. [1961 c 12 § 46.16.180. Prior: 1937 c 188 § 20; RRS §
6312-20.]
46.16.180
46.16.162
(2008 Ed.)
46.16.200 Applications to agents—Transmittal to
director. Upon receipt by agents of the director, including
county auditors, of original applications for vehicle license
accompanied by the proper fees, such agents shall, if the
applications are in proper form and accompanied by such
information as may be required by the director, immediately
forward them, together with the fees to the director. [1961 c
12 § 46.16.200. Prior: 1955 c 259 § 1; 1955 c 89 § 4; 1947 c
164 § 10; 1937 c 188 § 33; Rem. Supp. 1947 § 6312-33; 1921
c 96 § 6, part; 1917 c 155 § 4, part; 1915 c 142 § 6, part; RRS
§ 6317, part.]
46.16.200
46.16.210 Original applications—Renewals—Fees—
Preissuance, when. (1) Upon receipt of the application and
proper fee for original vehicle license, the director shall make
46.16.210
[Title 46 RCW—page 61]
46.16.212
Title 46 RCW: Motor Vehicles
a recheck of the application and in the event that there is any
error in the application it may be returned to the county auditor or other agent to effectively secure the correction of such
error, who shall return the same corrected to the director.
(2) Application for the renewal of a vehicle license shall
be made to the director or his agents, including county auditors, by the registered owner on a form prescribed by the
director. The application must be accompanied by the payment of such license fees and excise tax as may be required
by law. Such application shall be handled in the same manner
and the fees transmitted to the state treasurer in the same
manner as in the case of an original application. Any such
application which upon validation becomes a renewal certificate need not have entered upon it the name of the lien holder,
if any, of the vehicle concerned.
(3) Persons expecting to be out of the state during the
normal renewal period of a vehicle license may secure
renewal of such vehicle license and have license plates or
tabs preissued by making application to the director or his
agents upon forms prescribed by the director. The application
must be accompanied by such license fees, and excise tax as
may be required by law.
(4) Application for the annual renewal of a vehicle
license number plate to the director or the director’s agents
shall not be required for those vehicles owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington or a governing body of an Indian tribe
located within this state and recognized as a governmental
entity by the United States department of the interior. [2001
c 206 § 1; 1997 c 241 § 8; 1994 c 262 § 9; 1977 c 8 § 1. Prior:
1975 1st ex.s. c 169 § 6; 1975 1st ex.s. c 118 § 8; 1969 ex.s.
c 75 § 1; 1961 c 12 § 46.16.210; prior: 1957 c 273 § 5; 1955
c 89 § 2; 1953 c 252 § 3; 1947 c 164 § 11; 1937 c 188 § 34;
Rem. Supp. 1947 § 6312-34.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
Rental cars: RCW 46.87.023.
46.16.212 Notice of liability insurance requirement.
The department of licensing shall notify the public of the
requirements of RCW 46.30.020 through 46.30.040 at the
time of new vehicle registration and when the department
sends a registration renewal notice. [1989 c 353 § 10.]
46.16.212
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.16.216 Payment of parking fines required for
renewal. (1) To renew a vehicle license, an applicant shall
satisfy all listed standing, stopping, and parking violations,
and other infractions issued under RCW 46.63.030(1)(d) for
the vehicle incurred while the vehicle was registered in the
applicant’s name and forwarded to the department pursuant
to RCW 46.20.270(3). For the purposes of this section,
"listed" standing, stopping, and parking violations, and other
infractions issued under RCW 46.63.030(1)(d) include only
those violations for which notice has been received from state
or local agencies or courts by the department one hundred
twenty days or more before the date the vehicle license
expires and that are placed on the records of the department.
Notice of such violations received by the department later
46.16.216
[Title 46 RCW—page 62]
than one hundred twenty days before that date that are not
satisfied shall be considered by the department in connection
with any applications for license renewal in any subsequent
license year. The renewal application may be processed by
the department or its agents only if the applicant:
(a) Presents a preprinted renewal application showing no
listed standing, stopping, or parking violations, or other
infractions issued under RCW 46.63.030(1)(d), or in the
absence of such presentation, the agent verifies the information that would be contained on the preprinted renewal application; or
(b) If listed standing, stopping, or parking violations, or
other infractions issued under RCW 46.63.030(1)(d) exist,
presents proof of payment and pays a fifteen dollar surcharge.
(2) The surcharge shall be allocated as follows:
(a) Ten dollars shall be deposited in the motor vehicle
fund to be used exclusively for the administrative costs of the
department of licensing; and
(b) Five dollars shall be retained by the agent handling
the renewal application to be used by the agent for the administration of this section.
(3) If there is a change in the registered owner of the
vehicle, the department shall forward the information regarding the change to the state or local charging jurisdiction and
release any hold on the renewal of the vehicle license resulting from parking violations or other infractions issued under
RCW 46.63.030(1)(d) incurred while the certificate of
license registration was in a previous registered owner’s
name.
(4) The department shall send to all registered owners of
vehicles who have been reported to have outstanding listed
parking violations or other infractions issued under RCW
46.63.030(1)(d), at the time of renewal, a statement setting
out the dates and jurisdictions in which the violations
occurred as well as the amounts of unpaid fines and penalties
relating to them and the surcharge to be collected. [2004 c
231 § 4; 1990 2nd ex.s. c 1 § 401; 1984 c 224 § 1.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability—1984 c 224: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 224 § 5.]
Effective date—1984 c 224: "This act shall take effect on July 1,
1984." [1984 c 224 § 6.]
46.16.220
46.16.220 Time of renewal of licenses—Duration.
Vehicle licenses and vehicle license number plates may be
renewed for the subsequent registration year up to eighteen
months before the current expiration date and must be used
and displayed from the date of issue or from the day of the
expiration of the preceding registration year, whichever date
is later. [1997 c 241 § 9; 1991 c 339 § 20; 1975 1st ex.s. c 118
§ 9; 1969 ex.s. c 170 § 9; 1961 c 12 § 46.16.220. Prior: 1957
c 261 § 8; 1955 c 89 § 1; 1953 c 252 § 4; 1947 c 164 § 12;
1937 c 188 § 35; Rem. Supp. 1947 § 6312-35; 1921 c 96 § 7,
part; RRS § 6318, part; 1921 c 6 § 1, part; 1916 c 142 § 7,
part.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
(2008 Ed.)
Vehicle Licenses
46.16.225
46.16.225 Adjustment of vehicle registration periods
to stagger renewal periods. Notwithstanding any provision
of law to the contrary, the department may extend or diminish
vehicle license registration periods for the purpose of staggering renewal periods. Such extension or diminishment of a
vehicle license registration period shall be by rule of the
department adopted in accordance with the provisions of
chapter 34.05 RCW. The rules may provide for the omission
of any classes or classifications of vehicle from the staggered
renewal system and may provide for the gradual introduction
of classes or classifications of vehicles into the system. The
rules shall provide for the collection of proportionately
increased or decreased vehicle license registration fees and of
excise or property taxes required to be paid at the time of registration.
It is the intent of the legislature that there shall be neither
a significant net gain nor loss of revenue to the state general
fund or the motor vehicle fund as the result of implementing
and maintaining a staggered vehicle registration system.
[1986 c 18 § 15; 1979 c 158 § 140; 1975 1st ex.s. c 118 § 2.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
46.16.230
46.16.230 License plates furnished. The director shall
furnish to all persons making satisfactory application for
vehicle license as provided by law, two identical vehicle
license number plates each containing the vehicle license
number to be displayed on such vehicle as by law required:
PROVIDED, That if the vehicle to be licensed is a trailer,
semitrailer or motorcycle only one vehicle license number
plate shall be issued for each thereof. The number and plate
shall be of such size and color and shall contain such symbols
indicative of the registration period for which the same is
issued and of the state of Washington, as shall be determined
and prescribed by the director. Any vehicle license number
plate or plates issued to a dealer shall contain thereon a sufficient and satisfactory indication that such plates have been
issued to a dealer in vehicles. All vehicle license number
plates may be obtained by the director from the metal working plant of a state correctional facility or from any source in
accordance with existing state of Washington purchasing
procedures.
Notwithstanding the foregoing provisions of this section,
the director may, in his discretion and under such rules and
regulations as he may prescribe, adopt a type of vehicle
license number plates whereby the same shall be used as long
as legible on the vehicle for which issued, with provision for
tabs or emblems to be attached thereto or elsewhere on the
vehicle to signify renewals, in which event the term "vehicle
license number plate" as used in any enactment shall be
deemed to include in addition to such plate the tab or emblem
signifying renewal except when such plate contains the designation of the current year without reference to any tab or
emblem. Renewals shall be effected by the issuance and display of such tab or emblem. [1992 c 7 § 41; 1975 c 25 § 19;
1961 c 12 § 46.16.230. Prior: 1957 c 261 § 9; 1949 c 90 § 1;
1939 c 182 § 5; 1937 c 188 § 28; Rem. Supp. 1949 § 631228; 1921 c 96 § 12; 1921 c 6 § 2; 1919 c 59 § 7; 1917 c 155 §
8; 1915 c 142 § 12; RRS § 6323.]
(2008 Ed.)
46.16.237
46.16.233 Standard background—Periodic replacement—Retention of current plate number. (1) Except for
those license plates issued under RCW 46.16.305(1) before
January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to
become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and
design but must be legible and clearly identifiable as a Washington state license plate, as designated by the department.
Additionally, to ensure maximum legibility and reflectivity,
the department shall periodically provide for the replacement
of license plates, except for commercial vehicles with a gross
weight in excess of twenty-six thousand pounds. Frequency
of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.
(2) Special license plate series approved by the special
license plate review board created under RCW 46.16.705 and
enacted by the legislature may display a symbol or artwork
approved by the special license plate review board.
(3) By November 1, 2003, in providing for the periodic
replacement of license plates, the department shall offer to
vehicle owners the option of retaining their current license
plate numbers. The department shall charge a retention fee of
twenty dollars if this option is exercised. Revenue generated
from the retention fee must be deposited into the multimodal
transportation account. [2003 c 361 § 501; 2003 c 196 § 401;
2000 c 37 § 1; 1997 c 291 § 2.]
46.16.233
Reviser’s note: This section was amended by 2003 c 196 § 401 and by
2003 c 361 § 501, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.235 State name not abbreviated. Vehicle
license number plates issued by the state of Washington commencing with the next general issuance of such plates shall be
so designed as to designate the name of the state of Washington in full without abbreviation. [1965 ex.s. c 78 § 2.]
46.16.235
46.16.237 Reflectorized materials—Fee. All vehicle
license number plates issued after January 1, 1968, or such
earlier date as the director may prescribe with respect to
plates issued in any county, shall be treated with fully reflectorized materials designed to increase the visibility and legibility of such plates at night. In addition to all other fees prescribed by law, there shall be paid and collected for each
vehicle license number plate treated with such materials, the
sum of two dollars and for each set of two plates, the sum of
four dollars. However, one plate is available only to those
vehicles that by law require only one plate. Such fees shall be
deposited in the motor vehicle fund. [2005 c 314 § 301; 1987
c 52 § 1; 1967 ex.s. c 145 § 60.]
46.16.237
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
[Title 46 RCW—page 63]
46.16.240
Title 46 RCW: Motor Vehicles
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.16.240
46.16.240 Attachment of plates to vehicles—Violations enumerated. The vehicle license number plates shall
be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that
they can be plainly seen and read at all times. However, if
only one license number plate is legally issued for any vehicle such plate shall be conspicuously attached to the rear of
such vehicle. Each vehicle license number plate shall be
placed or hung in a horizontal position at a distance of not
more than four feet from the ground and shall be kept clean
so as to be plainly seen and read at all times. In cases where
the body construction of the vehicle is such that compliance
with this section is impossible, permission to deviate therefrom may be granted by the state patrol. It shall be unlawful
to display upon the front or rear of any vehicle, vehicle
license number plate or plates other than those furnished by
the director for such vehicle or to display upon any vehicle
any vehicle license number plate or plates which have been in
any manner changed, altered, disfigured or have become
illegible. License plate frames may be used on vehicle
license number plates only if the frames do not obscure
license tabs or identifying letters or numbers on the plates and
the plates can be plainly seen and read at all times. It is
unlawful to use any holders, frames, or any materials that in
any manner change, alter, or make the vehicle license number
plates illegible. It shall be unlawful for any person to operate
any vehicle unless there shall be displayed thereon valid
vehicle license number plates attached as herein provided.
[2006 c 326 § 1. Prior: 1987 c 330 § 704; 1987 c 142 § 3;
1969 ex.s. c 170 § 10; 1967 c 32 § 18; 1961 c 12 § 46.16.240;
prior: 1947 c 89 § 1; 1937 c 188 § 36; Rem. Supp. 1947 §
6312-36.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Illumination of plate: RCW 46.37.050.
46.16.260
46.16.260 License registration certificate—Signature
required—Carried in vehicle—Penalty—Inspection—
Exception. A certificate of license registration to be valid
must have endorsed thereon the signature of the registered
owner (if a firm or corporation, the signature of one of its
officers or other duly authorized agent) and must be carried in
the vehicle for which it is issued, at all times in the manner
prescribed by the department. It shall be unlawful for any
person to operate or have in his possession a vehicle without
carrying thereon such certificate of license registration. Any
person in charge of such vehicle shall, upon demand of any of
the local authorities or of any police officer or of any representative of the department, permit an inspection of such certificate of license registration. This section does not apply to
a vehicle for which annual renewal of its license plates is not
required and which is marked in accordance with the provisions of RCW 46.08.065. [1986 c 18 § 16; 1979 ex.s. c 113
§ 3; 1969 ex.s. c 170 § 11; 1967 c 32 § 19; 1961 c 12 §
46.16.260. Prior: 1955 c 384 § 18; 1937 c 188 § 8; RRS §
6312-8.]
[Title 46 RCW—page 64]
46.16.265 Replacement certificate. If a certificate of
license registration is lost, stolen, mutilated, or destroyed or
becomes illegible, the registered owner or owners, as shown
by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and twenty-five cents in addition to all other fees and upon
furnishing information satisfactory to the department. The
duplicate of the license registration shall contain the legend,
"duplicate."
A person recovering an original certificate of license registration for which a duplicate has been issued shall promptly
surrender the original certificate to the department. [1997 c
241 § 6.]
46.16.265
46.16.270 Replacement of plates—Fee. The total
replacement plate fee shall be deposited in the motor vehicle
fund.
Upon the loss, defacement, or destruction of one or both
of the vehicle license number plates issued for any vehicle
where more than one plate was originally issued or where one
or both have become so illegible or in such a condition as to
be difficult to distinguish, or upon the owner’s option, the
owner of the vehicle shall make application for new vehicle
license number plates upon a form furnished by the director.
The application shall be filed with the director or the director’s authorized agent, accompanied by the certificate of
license registration of the vehicle and a fee in the amount of
ten dollars per plate, whereupon the director, or the director’s
authorized agent, shall issue new vehicle license number
plates to the applicant. It shall be accompanied by a fee of
two dollars for a new motorcycle license number plate. In the
event the director has issued license period tabs or a windshield emblem instead of vehicle license number plates, and
upon the loss, defacement, or destruction of the tabs or windshield emblem, application shall be made on a form provided
by the director and in the same manner as above described,
and shall be accompanied by a fee of one dollar for each pair
of tabs or for each windshield emblem, whereupon the director shall issue to the applicant a duplicate pair of tabs, year
tabs, and when necessary month tabs or a windshield emblem
to replace those lost, defaced, or destroyed. For vehicles
owned, rented, or leased by the state of Washington or by any
county, city, town, school district, or other political subdivision of the state of Washington or United States government,
or owned or leased by the governing body of an Indian tribe
as defined in RCW 46.16.020, a fee shall be charged for
replacement of a vehicle license number plate only to the
extent required by the provisions of RCW 46.16.020,
46.16.237, and 46.01.140. For vehicles owned, rented, or
leased by foreign countries or international bodies to which
the United States government is a signatory by treaty, the
payment of any fee for the replacement of a vehicle license
number plate shall not be required. [2005 c 314 § 302; 1997
c 291 § 3; 1990 c 250 § 32; 1987 c 178 § 2. Prior: 1986 c 280
§ 4; 1986 c 30 § 3; 1975 1st ex.s. c 169 § 7; 1965 ex.s. c 78 §
1; 1961 c 12 § 46.16.270; prior: 1951 c 269 § 6; 1947 c 164
§ 13; 1937 c 188 § 37; Rem. Supp. 1947 § 6312-37; 1929 c
99 § 6; 1921 c 96 § 14; 1919 c 59 § 8; 1915 c 142 § 14; RRS
§ 6325.]
46.16.270
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
(2008 Ed.)
Vehicle Licenses
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.276 Implementing rules. The director may make
and enforce rules to implement this chapter. [1986 c 30 § 4.]
46.16.276
46.16.280 Sale, loss, or destruction of commercial
vehicle—Credit for unused fee—Change in license classification. In case of loss, destruction, sale, or transfer of any
motor vehicle with a registered gross weight in excess of
twelve thousand pounds and subject to the license fees under
RCW 46.16.070, the registered owner thereof may, under the
following conditions, obtain credit for the unused portion of
the licensing fee paid for the vehicle or may transfer such
credit to the new owner if desired:
(1) The licensing fee paid for the motor vehicle will be
reduced by one-twelfth for each calendar month and fraction
thereof elapsing between the first month of the current registration year in which the motor vehicle was registered and the
month the registrant surrenders the vehicle’s registration certificate for the registration year to the department or an authorized agent of the department.
(2) If any such credit is less than fifteen dollars, no credit
may be given.
(3) The credit may only be applied against the licensing
fee liability due under RCW 46.16.070 for the replacement
motor vehicle or if such credit was transferred to the new
owner, it shall remain with the vehicle. The credit may only
be used during the registration year from which it was
obtained.
(4) In no event is such credit subject to refund.
Whenever any vehicle has been so altered as to change
its license classification in such a manner that the vehicle
license number plates are rendered improper, the current
license plates shall be surrendered to the department. New
license plates shall be issued upon application accompanied
by a one dollar fee in addition to any other or different charge
by reason of licensing under a new classification. Such application shall be on forms prescribed by the department and
forwarded with the proper fee to the department or the office
of a duly authorized agent of the department. [1987 c 244 §
7; 1986 c 18 § 17; 1967 c 32 § 20; 1961 c 12 § 46.16.280.
Prior: 1947 c 164 § 14; 1937 c 188 § 38; Rem. Supp. 1947 §
6312-38.]
46.16.280
46.16.290 Disposition of license plates, certificate on
vehicle transfer. (1) In any case of a valid sale or transfer of
the ownership of any vehicle, the right to the certificates
properly transferable therewith, except as provided in RCW
46.16.280, and to the vehicle license plates passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle
license plates to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or
transferee.
(2)(a) If the sale or transfer is of a vehicle licensed with
current standard issue license plates, the vehicle license
plates may be retained and displayed upon a vehicle obtained
in replacement of the vehicle so sold or transferred. If a person applies for a transfer of the plate or plates to another eli46.16.290
(2008 Ed.)
46.16.305
gible vehicle, the plates must be transferred to a vehicle
requiring the same type of plate. A transfer fee of ten dollars
must be charged in addition to all other applicable fees. The
transfer fees must be deposited in the motor vehicle fund.
(b) If the sale or transfer is of a vehicle licensed by the
state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or,
if the vehicle is licensed with personalized plates, amateur
radio operator plates, medal of honor plates, disabled person
plates, disabled veteran plates, prisoner of war plates, or other
special license plates issued under RCW 46.16.301 as it
existed before amendment by section 5, chapter 291, Laws of
1997, the vehicle license plates therefor shall be retained and
may be displayed upon a vehicle obtained in replacement of
the vehicle so sold or transferred. [2004 c 223 § 3; 1997 c
291 § 4; 1986 c 18 § 18; 1983 c 27 § 2; 1961 c 12 § 46.16.290.
Prior: 1937 c 188 § 39; RRS § 6312-39; 1931 c 138 § 2; 1929
c 99 § 3; 1921 c 96 § 8; 1919 c 59 § 5; 1917 c 155 § 5; 1915
c 142 § 8; RRS § 6319.]
46.16.295 Returned plates—Reuse. The department
may, upon request, provide license plates that have been used
and subsequently returned to the department to individuals
for nonvehicular use. The department may charge a fee of up
to five dollars per plate to cover costs of recovery, postage,
and handling. The department may waive the fee for plates
used in educational projects, and may, by rule, provide standards for the fee waiver and restrictions on the number of
plates provided to any one person. [2003 c 359 § 1.]
46.16.295
46.16.301 Baseball stadium license plates. The
department shall create, design, and issue a special baseball
stadium license plate that may be used in lieu of regular or
personalized license plates for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions
established by the department. The special plates shall commemorate the construction of a baseball stadium, as defined
in RCW 82.14.0485. The department shall also issue to each
recipient of a special baseball stadium license plate a certificate of participation in the construction of the baseball stadium. [1997 c 291 § 5; 1995 3rd sp.s. c 1 § 102; 1994 c 194
§ 2; 1990 c 250 § 1.]
46.16.301
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective dates—1990 c 250 §§ 1-13: "Sections 1 through 9, and 11
through 13 of this act shall take effect on January 1, 1991. Section 10 of this
act shall take effect on July 1, 1990." [1990 c 250 § 93.]
Severability—1990 c 250: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 250 § 92.]
State contribution for baseball stadium limited: RCW 82.14.0486.
46.16.305 Special license plates—Continuance of
earlier issues—Conditions for current issues. The department shall continue to issue the categories of special plates
issued by the department under the sections repealed under
section 12 (1) through (7), chapter 250, Laws of 1990. Special license plates issued under those repealed sections before
January 1, 1991, are valid to the extent and under the condi46.16.305
[Title 46 RCW—page 65]
46.16.307
Title 46 RCW: Motor Vehicles
tions provided in those repealed sections. The following conditions, limitations, or requirements apply to certain special
license plates issued after January 1, 1991:
(1) A horseless carriage plate and a plate or plates issued
for collectors’ vehicles more than thirty years old, upon payment of the initial fees required by law and the additional special license plate fee established by the department, are valid
for the life of the vehicle for which application is approved by
the department. When a single plate is issued, it shall be displayed on the rear of the vehicle.
(2) The department may issue special license plates
denoting amateur radio operator status only to persons having
a valid official radio operator license issued by the federal
communications commission.
(3) The department shall issue one set of special license
plates to each resident of this state who has been awarded the
Congressional Medal of Honor for use on a passenger vehicle
registered to that person. The department shall issue the plate
without the payment of licensing fees and motor vehicle
excise tax.
(4) The department may issue for use on only one motor
vehicle owned by the qualified applicant special license
plates denoting that the recipient of the plate is a survivor of
the attack on Pearl Harbor on December 7, 1941, to persons
meeting all of the following criteria:
(a) Is a resident of this state;
(b) Was a member of the United States Armed Forces on
December 7, 1941;
(c) Was on station on December 7, 1941, during the
hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor,
the island of Oahu, or offshore at a distance not to exceed
three miles;
(d) Received an honorable discharge from the United
States Armed Forces; and
(e) Is certified by a Washington state chapter of the Pearl
Harbor survivors association as satisfying the qualifications
in (c) of this subsection.
The department may issue such plates to the surviving
spouse of any deceased Pearl Harbor survivor who met the
requirements of this subsection. If the surviving spouse
remarries, he or she shall return the special plates to the
department within fifteen days and apply for regular plates.
The surviving spouse must be a resident of this state.
The department shall issue these plates upon payment by
the applicant of all other license fees, but the department may
not set or charge an additional fee for these special license
plates.
(5) Effective with registrations that are due or become
due on or after January 1, 2009, the department may issue for
use on motor vehicles owned by the qualified applicant special license plates denoting that the recipient of the plate is a
parent of a member of the United States armed forces who
died while in service to his or her country or as a result of
such service to persons meeting all of the following criteria:
(a) Is a resident of this state; and
(b) Is a mother or father of a member of the United States
armed forces who died while in service to his or her country
or who died as a result of such service, as certified by the
Washington state department of veterans affairs.
[Title 46 RCW—page 66]
The department shall issue these plates upon payment by
the applicant of all other license fees, but the department may
not set or charge an additional fee for these special plates.
(6) The department shall replace, free of charge, special
license plates issued under subsections (3) through (5) of this
section if they are lost, stolen, damaged, defaced, or
destroyed. Such plates shall remain with the persons upon
transfer or other disposition of the vehicle for which they
were initially issued, and may be used on another vehicle registered to the recipient in accordance with the provisions of
RCW 46.16.316(1). [2008 c 72 § 1. Prior: 1997 c 291 § 6;
1997 c 241 § 10; 1990 c 250 § 2.]
Exemption—2008 c 72 § 1: "Section 1 of this act is exempt from the
requirements of RCW 46.16.775." [2008 c 72 § 3.]
Finding—1997 c 291: "The legislature finds that the proliferation of
special license plate series has decreased the ready identification of vehicles
by law enforcement, and increased the amount of computer programming
conducted by the department of licensing, thereby increasing costs. Furthermore, rarely has the actual demand for special license plates met the requesters’ projections. Most importantly, special plates detract from the primary
purpose of license plates, that of vehicle identification." [1997 c 291 § 1.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.307 Collectors’ vehicles—Use restrictions. A
collectors’ vehicle licensed under RCW 46.16.305(1) may
only be used for participation in club activities, exhibitions,
tours, parades, and occasional pleasure driving. [1996 c 225
§ 11.]
46.16.307
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.309 Special license plates—Application. Persons applying to the department for special license plates
shall apply on forms obtained from the department and in
accordance with RCW 46.16.040. The applicant shall provide all information as is required by the department in order
to determine the applicant’s eligibility for the special license
plates. [1997 c 291 § 7; 1990 c 250 § 3.]
46.16.309
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.30901 Professional firefighters and paramedics plate. The department shall issue a special license plate
displaying a symbol, approved by the special license plate
review board, for professional firefighters and paramedics
who are members of the Washington State Council of Firefighters. Upon initial application and subsequent renewals,
applicants must show proof of eligibility by providing a certificate of current membership from the Washington State
Council of Firefighters. The special license plate may be
used in lieu of regular or personalized license plates for vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW,
upon the terms and conditions established by the department.
[2004 c 35 § 1.]
46.16.30901
46.16.30902 Washington State Council of Firefighters benevolent fund. (1) The Washington State Council of
Firefighters benevolent fund is created in the custody of the
state treasurer. Upon the department’s determination the
46.16.30902
(2008 Ed.)
Vehicle Licenses
state has been reimbursed for the cost of implementing the
professional firefighters and paramedics special license plate,
all receipts, except as provided in RCW 46.16.313 (6) and
(7), from professional firefighters and paramedics license
plates must be deposited into the account. Only the director
of the department of licensing or the director’s designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements of RCW 46.16.765, the
department must contract with a qualified nonprofit organization to receive and disseminate funds for charitable purposes
on behalf of members of the Washington State Council of
Firefighters, their families, and others deemed in need.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organization must have been established for the express purposes of
receiving and disseminating funds for charitable purposes on
behalf of members of the Washington State Council of Firefighters, their families, and others deemed in need.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2004 c 35 § 4.]
46.16.30903 Helping Kids Speak plate. (1) The legislature recognizes the Helping Kids Speak license plate has
been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol, approved by the special license plate
review board, recognizing an organization that supports programs that provide no-cost speech pathology programs to
children. The special license plate may be used in lieu of regular or personalized license plates for vehicles required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will
commemorate an organization that supports programs that
provide free diagnostic and therapeutic services to children
who have a severe delay in language or speech development.
[2004 c 48 § 1.]
46.16.30903
46.16.30904 "Helping Kids Speak" account. (1) The
"Helping Kids Speak" account is created in the custody of the
state treasurer. Upon the department’s determination that the
state has been reimbursed for the cost of implementing the
"Helping Kids Speak" license plate, all receipts, except as
provided in *RCW 46.16.313 (6) and (7), from the "Helping
Kids Speak" license plate must be deposited into the account.
Only the director or the director’s designee may authorize
expenditures from this account. The account is subject to the
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
46.16.30904
(2008 Ed.)
46.16.30906
(a) Under the requirements of RCW 46.16.765 the
department must contract with a qualified nonprofit organization for the purpose of the organization providing free diagnostic and therapeutic services to families of children who
suffer from a delay in language or speech development.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation operating in Washington that has received a determination of tax
exempt status under section 501(c)(3) of the federal internal
revenue code. The organization must offer free language disorder diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development.
(c) The qualified nonprofit organization must meet all
requirements of RCW 46.16.765. [2004 c 48 § 4.]
*Reviser’s note: RCW 46.16.313 was amended by 2004 c 35 § 3, 2004
c 48 § 3, and 2004 c 221 § 3. The subsections relating to the "Helping Kids
Speak" plates have been renumbered as subsections (8) and (9).
46.16.30905 Law enforcement memorial plate. (1)
The legislature recognizes that the law enforcement memorial license plate has been reviewed by the special license
plate review board as specified in chapter 196, Laws of 2003,
and was found to fully comply with all provisions of chapter
196, Laws of 2003.
(2) The department shall issue a special license plate displaying a symbol, approved by the special license plate
review board, honoring law enforcement officers in Washington killed in the line of duty. The special license plate
may be used in lieu of regular or personalized license plates
for vehicles required to display one or two vehicle license
plates, excluding vehicles registered under chapter 46.87
RCW, upon the terms and conditions established by the
department. [2004 c 221 § 1.]
46.16.30905
46.16.30906 Law enforcement memorial account. (1)
The law enforcement memorial account is created in the custody of the state treasurer. Upon the department’s determination that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate,
all receipts, except as provided in *RCW 46.16.313 (7) and
(8), from law enforcement memorial license plates must be
deposited into the account. Only the director of the department of licensing or the director’s designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Pursuant to the requirements set out in RCW
46.16.765 the department must contract with a qualified nonprofit organization to provide support and assistance to survivors and families of law enforcement officers in Washington
killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol
grounds to honor those fallen officers.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organiza46.16.30906
[Title 46 RCW—page 67]
46.16.30907
Title 46 RCW: Motor Vehicles
tion must have been established for the express purposes of
providing support and assistance to the survivors and families
of law enforcement officers in Washington killed in the line
of duty and to organize, finance, fund, construct, utilize, and
maintain a memorial on the state capitol grounds to honor
those fallen officers.
(c) The qualified nonprofit must meet all requirements
set out in RCW 46.16.765. [2004 c 221 § 4.]
*Reviser’s note: RCW 46.16.313 was amended by 2004 c 35 § 3, 2004
c 48 § 3, and 2004 c 221 § 3. The subsections relating to law enforcement
memorial plates have been renumbered as subsections (10) and (11).
46.16.30907 Washington’s Wildlife plate collection.
(1) The legislature recognizes that the Washington’s Wildlife
license plate collection, to include three distinct designs
including bear, deer, and elk, has been reviewed by the special license plate review board under RCW 46.16.725 and
was found to fully comply with all provisions of RCW
46.16.715 through 46.16.775.
(2) The department shall issue a special license plate collection displaying a symbol or artwork, approved by the special license plate review board and the legislature, recognizing Washington’s wildlife, that may be used in lieu of regular
or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions
established by the department. [2005 c 42 § 1.]
46.16.30907
46.16.30908 Washington’s Wildlife license plate collection—Definition. For the purposes of RCW 46.16.313
and 46.16.30907, the term "Washington’s Wildlife license
plate collection" means the collection of three separate
license plate designs issued under RCW 46.16.30907. Each
license plate design displays a distinct symbol or artwork recognizing the wildlife of Washington, to include bear, deer,
and elk. [2005 c 42 § 2.]
46.16.30908
46.16.30909 Washington state parks and recreation
commission plate. (1) The legislature recognizes that the
Washington state parks and recreation commission license
plate application has been reviewed by the special license
plate review board under RCW 46.16.725 and was found to
fully comply with all provisions of RCW 46.16.715 through
46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, recognizing Washington state parks as premier destinations of uncommon quality
that preserve significant natural, cultural, historical, and recreational resources, that may be used in lieu of regular or personalized license plates for vehicles required to display one
and two vehicle license plates, excluding vehicles registered
under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 44 § 1.]
46.16.30909
46.16.30910 Washington state parks and recreation
commission special license plate—Definition. For the purposes of RCW 46.16.313, "Washington state parks and recreation commission special license plate" means license plates
issued under RCW 46.16.30909 that display a symbol or art46.16.30910
[Title 46 RCW—page 68]
work recognizing the efforts of state parks and recreation in
Washington state. [2005 c 44 § 2.]
46.16.30911
46.16.30911 "Washington Lighthouses" plate. (1)
The legislature recognizes that the "Washington Lighthouses" license plate has been reviewed by the special license
plate review board under RCW 46.16.725, and found to fully
comply with RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, recognizing an organization that supports selected Washington state lighthouses
and provides environmental education programs. The special
license plate may be used in lieu of regular or personalized
license plates for vehicles required to display one or two
vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established
by the department. [2005 c 48 § 1.]
46.16.30912
46.16.30912 Lighthouse environmental programs
account. (1) The lighthouse environmental programs
account is created in the custody of the state treasurer. Upon
the department’s determination that the state had been reimbursed for the cost of implementing the "Washington Lighthouses" special license plate, all receipts, except as provided
in RCW 46.16.313(14) (a) and (b), from "Washington Lighthouses" license plates must be deposited into the account.
Only the director of the department of licensing or the director’s designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements set out in RCW 46.16.765,
the department must contract with a qualified nonprofit organization to support selected Washington state lighthouses that
are accessible to the public and staffed by volunteers; to provide environmental education programs; and to provide
grants for other Washington lighthouses to assist in funding
infrastructure preservation and restoration and to encourage
and support interpretive programs by lighthouse docents.
(b) For the purpose of this section, a "qualified nonprofit
organization" means a not-for-profit corporation incorporated and of tax exempt status under section 501(c)(3) of the
federal internal revenue code. The organization must have
been established for the express purposes of supporting
selected Washington state lighthouses that are open to the
public and staffed by volunteers; providing environmental
education programs; and encouraging and supporting interpretive programs by lighthouse docents.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 48 § 4.]
46.16.30913
46.16.30913 "Keep Kids Safe" plate. (1) The legislature recognizes that the "Keep Kids Safe" license plate has
been reviewed and approved by the special license plate
review board under RCW 46.16.725, and found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.
(2008 Ed.)
Vehicle Licenses
(2) The department shall issue a special license plate displaying artwork, approved by the special license plate review
board, recognizing efforts to prevent child abuse and neglect.
The special license plate may be used in lieu of regular or personalized license plates for vehicles required to display one
or two vehicle license plates, excluding vehicles registered
under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 53 § 1.]
46.16.30914
46.16.30914 "We love our pets" plate. (1) The legislature recognizes that the "we love our pets" license plate has
been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board, recognizing an organization that assists
local member agencies of the federation of animal welfare
and control agencies to promote and perform spay/neuter surgery on Washington state pets, in order to reduce pet overpopulation. The special license plate may be used in lieu of
regular or personalized license plates for vehicles required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 71 § 1.]
46.16.30915
46.16.30915 We love our pets account. (1) The we
love our pets account is created in the custody of the state
treasurer. Upon the department’s determination that the state
has been reimbursed for the cost of implementing the we love
our pets special license plate, all receipts, except as provided
in RCW 46.16.313(16) (a) and (b), from we love our pets
license plates must be deposited into the account. Only the
director of the department of licensing or the director’s designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Pursuant to the requirements set out in RCW
46.16.765, the department must contract with a qualified nonprofit organization to support and to enable the Washington
federation of animal welfare and control agencies to promote
and perform spay/neuter surgery of Washington state pets, in
order to reduce pet overpopulation.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organization must have been established for the express purpose of
assisting local member agencies of the federation of animal
welfare and control agencies to promote and perform
spay/neuter surgery on Washington state pets, in order to
reduce pet overpopulation.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 71 § 4.]
(2008 Ed.)
46.16.30918
46.16.30916 Gonzaga University alumni association
plate. (1) The legislature recognizes that the Gonzaga University alumni association license plate has been reviewed by
the special license plate review board under RCW 46.16.725,
and found to fully comply with all provisions of RCW
46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board, recognizing the Gonzaga University
alumni association. The special license plate may be used in
lieu of regular or personalized license plates for vehicles
required to display one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms
and conditions established by the department. [2005 c 85 §
1.]
46.16.30916
46.16.30917 Gonzaga University alumni association
account. (1) The Gonzaga University alumni association
account is created in the custody of the state treasurer. Upon
the department’s determination that the state has been reimbursed for the cost of implementing the Gonzaga University
alumni association special license plate, all receipts, except
as provided in RCW 46.16.313(17) (a) and (b), from
Gonzaga University alumni association license plates must
be deposited into the account. Only the director of the department of licensing or the director’s designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Pursuant to the requirements set out in RCW
46.16.765, the department must contract with a qualified nonprofit organization to provide scholarship funds to needy and
qualified students attending or planning to attend Gonzaga
University.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organization must have been established for the express purpose of
providing student scholarships to Gonzaga University.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 85 § 4.]
46.16.30917
46.16.30918 "Washington’s National Park Fund"
plate. (1) The legislature recognizes that the "Washington’s
National Park Fund" license plate has been reviewed by the
special license plate review board under RCW 46.16.725, and
found to fully comply with RCW 46.16.715 through
46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, recognizing Washington’s National Park Fund, that may be used in lieu of regular
or personalized license plates for vehicles required to display
one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions
established by the department. [2005 c 177 § 1.]
46.16.30918
[Title 46 RCW—page 69]
46.16.30919
Title 46 RCW: Motor Vehicles
46.16.30919 "Washington’s National Park Fund"
account. (1) The "Washington’s National Park Fund"
account is created in the custody of the state treasurer. Upon
the department’s determination that the state had been reimbursed for the cost of implementing the "Washington’s
National Park Fund" special license plate, all receipts, except
as provided in RCW 46.16.313 (18) and (19), from "Washington’s National Park Fund" license plates must be deposited into the account. Only the director of the department of
licensing or the director’s designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements set out in RCW 46.16.765,
the department must contract with a qualified nonprofit organization to build awareness of Washington’s national parks
and to support priority park programs and projects in Washington’s national parks, such as enhancing visitor experience,
promoting volunteerism, engaging communities, and providing educational opportunities related to Washington’s
national parks.
(b) For the purpose of this section, a "qualified nonprofit
organization" means a not-for-profit corporation incorporated and of tax exempt status under section 501(c)(3) of the
federal internal revenue code. The organization must have
been established for the express purposes of building awareness of Washington’s national parks, enhancing visitor experience, promoting volunteerism, engaging communities, and
providing educational opportunities related to Washington’s
national parks.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 177 § 4.]
46.16.30919
46.16.30920 Armed forces plate collection. (1) The
legislature recognizes that the armed forces license plate collection has been reviewed and approved by the special license
plate review board.
(2) The department shall issue a special license plate collection, approved by the special license plate review board
and the legislature, recognizing the contribution of veterans,
active duty military personnel, reservists, and members of the
national guard. The collection includes six separate designs,
each containing a symbol representing a different branch of
the armed forces to include army, navy, air force, marine
corps, coast guard, and national guard.
(3) Armed forces special license plates may be used in
lieu of regular or personalized license plates for vehicles
required to display one and two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW,
upon terms and conditions established by the department.
(4) Upon request, the department must make available to
the purchaser, at no additional cost, a decal indicating the
purchaser’s military status. The department must work with
the department of veterans affairs to establish a list of the
decals to be made available. The list of available decals must
include, but is not limited to, "veteran," "disabled veteran,"
"reservist," "retiree," or "active duty." The department may
specify where the decal may be placed on the license plate.
46.16.30920
[Title 46 RCW—page 70]
Decals are required to be made available only for standard
six-inch by twelve-inch license plates.
(5) Armed forces license plates and decals are available
only to veterans as defined in RCW 41.04.007, active duty
military personnel, reservists, members of the national guard,
and the families of veterans and service members. Upon initial application, any purchaser requesting an armed forces
license plate and decal will be required to show proof of eligibility by providing: A DD-214 or discharge papers if a veteran; a military identification or retired military identification
card; or a declaration of fact attesting to the purchaser’s eligibility as required under this section. "Family" or "families"
means an individual’s spouse, child, parent, sibling, aunt,
uncle, or cousin. A child includes stepchild, adopted child,
foster child, grandchild, and son or daughter-in-law. A parent includes stepparent, grandparent, and in-laws. A sibling
includes brother, half brother, stepbrother, sister, half sister,
stepsister, and brother or sister-in-law.
(6) The department of veterans affairs must enter into an
agreement with the department to reimburse the department
for the costs associated with providing military status decals
described in subsection (4) of this section.
(7) Armed forces license plates are not available free of
charge to disabled veterans, former prisoners of war, or
spouses of deceased former prisoners of war under the privileges defined in RCW 73.04.110 and 73.04.115. [2008 c 183
§ 1; 2005 c 216 § 1.]
46.16.30921 Armed forces license plate collection—
Definition—No free issuance. (1) "Armed forces license
plate collection" means the collection of six separate license
plate designs issued under RCW 46.16.30920. Each license
plate design displays a symbol representing one of the five
branches of the armed forces, and one representing the
national guard.
(2) Armed forces license plates are not available free of
charge to disabled veterans, former prisoners of war, or
spouses of deceased former prisoners of war under the privileges defined in RCW 73.04.110 and 73.04.115. [2008 c 183
§ 2; 2005 c 216 § 2.]
46.16.30921
46.16.30922 "Ski & Ride Washington" plate. (1) The
legislature recognizes that the "Ski & Ride Washington"
license plate has been reviewed and approved by the special
license plate review board under RCW 46.16.725, and found
to fully comply with RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, recognizing the Washington snowsports industry, that may be used in lieu of regular or personalized license plates for vehicles required to display vehicle license plates, excluding vehicles registered
under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 220 § 1.]
46.16.30922
46.16.30923 "Ski & Ride Washington" account. (1)
The "Ski & Ride Washington" account is created in the custody of the state treasurer. Upon the department’s determination that the state had been reimbursed for the cost of implementing the "Ski Washington" special license plate, all
46.16.30923
(2008 Ed.)
Vehicle Licenses
receipts, except as provided in RCW 46.16.313(21), from
"Ski & Ride Washington" license plates must be deposited
into the account. Only the director of the department of
licensing or the director’s designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements of RCW 46.16.765, the
department must contract with a qualified nonprofit organization for the purpose of promoting winter snowsports (i.e. skiing and snowboarding) and related programs such as ski and
ride safety programs, underprivileged youth "ski and ride"
programs, and active, healthy lifestyle programs.
(b) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 220 § 4.]
46.16.30924 Wild On Washington plate. (1) The legislature recognizes that the Wild On Washington license plate
has been reviewed by the special license plate review board
under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, referred to as "Wild
On Washington license plates," that may be used in lieu of
regular or personalized license plates for vehicles required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 224 § 1.]
46.16.30924
46.16.30925 Wild On Washington license plates—
Definition. For the purposes of RCW 46.16.313 and
46.16.30924, the term "Wild On Washington license plates"
means license plates issued under RCW 46.16.30924 that display a symbol or artwork symbolizing wildlife viewing in
Washington state. [2005 c 224 § 2.]
46.16.30925
46.16.30926 Endangered Wildlife plate. (1) The legislature recognizes that the Endangered Wildlife license plate
has been reviewed by the special license plate review board
under RCW 46.16.725 and was found to fully comply with all
provisions of RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, referred to as "Endangered Wildlife license plates," that may be used in lieu of regular or personalized license plates for vehicles required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions established by the department. [2005 c 225 § 1.]
46.16.30926
46.16.30927 Endangered Wildlife license plates—
Definition. For the purposes of RCW 46.16.313 and
46.16.30926, the term "Endangered Wildlife license plates"
means license plates issued under RCW 46.16.30926 that display a symbol or artwork symbolizing endangered wildlife in
Washington state. [2005 c 225 § 2.]
46.16.30927
(2008 Ed.)
46.16.313
46.16.30928 "Share the Road" plate. (1) The legislature recognizes that the "Share the Road" license plate has
been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with RCW
46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license
plate review board and the legislature, recognizing an organization that promotes bicycle safety and awareness education.
The special license plate may be used in lieu of regular or personalized license plates for vehicles required to display one
or two vehicle license plates, excluding vehicles registered
under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will commemorate the life of Cooper Jones. [2005 c 426 § 1.]
46.16.30928
46.16.30929 "Share the Road" account. (1) The
"Share the Road" account is created in the custody of the state
treasurer. Upon the department’s determination that the state
had been reimbursed for the cost of implementing the "Share
the Road" special license plate, all receipts, except as provided in RCW 46.16.313(24) (a) and (b), from "Share the
Road" license plates must be deposited into the account.
Only the director of the department of licensing or the director’s designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements set out in RCW 46.16.765,
the department must contract with a qualified nonprofit organization to promote bicycle safety and awareness education
in communities throughout Washington.
(b) For the purpose of this section, a "qualified nonprofit
organization" means a not-for-profit corporation incorporated and of tax exempt status under section 501(c)(3) of the
federal internal revenue code. The organization must promote bicycle safety and awareness education in communities
throughout Washington.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2005 c 426 § 4.]
46.16.30929
46.16.313 Special license plates—Fees. (1) The
department may establish a fee of no more than forty dollars
for each type of special license plates issued under RCW
46.16.301(1) (a), (b), or (c), as existing before amendment by
section 5, chapter 291, Laws of 1997, in an amount calculated
to offset the cost of production of the special license plates
and the administration of this program. This fee is in addition
to all other fees required to register and license the vehicle for
which the plates have been requested. All such additional
special license plate fees collected by the department shall be
deposited in the state treasury and credited to the motor vehicle fund.
(2) In addition to all fees and taxes required to be paid
upon application and registration of a motor vehicle, the
holder of a collegiate license plate shall pay an initial fee of
forty dollars. The department shall deduct an amount not to
exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it.
46.16.313
[Title 46 RCW—page 71]
46.16.313
Title 46 RCW: Motor Vehicles
The remaining proceeds shall be remitted to the custody of
the state treasurer with a proper identifying detailed report.
The state treasurer shall credit the funds to the appropriate
co llegiate license plate fund as pr ov id ed in RCW
28B.10.890.
(3) In addition to all fees and taxes required to be paid
upon renewal of a motor vehicle registration, the holder of a
collegiate license plate shall pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer
with a proper identifying detailed report. The state treasurer
shall credit the funds to the appropriate collegiate license
plate fund as provided in RCW 28B.10.890.
(4) In addition to all fees and taxes required to be paid
upon application and registration of a motor vehicle, the
holder of a special baseball stadium license plate shall pay an
initial fee of forty dollars. The department shall deduct an
amount not to exceed twelve dollars of each fee collected
under this subsection for administration and collection
expenses incurred by it. The remaining proceeds, minus the
cost of plate production, shall be distributed to a county for
the purpose of paying the principal and interest payments on
bonds issued by the county to construct a baseball stadium, as
defined in RCW 82.14.0485, including reasonably necessary
preconstruction costs, while the taxes are being collected
under RCW 82.14.360. After this date, the state treasurer
shall credit the funds to the state general fund.
(5) In addition to all fees and taxes required to be paid
upon renewal of a motor vehicle registration, the holder of a
special baseball stadium license plate shall pay a fee of thirty
dollars. The department shall deduct an amount not to
exceed two dollars of each fee collected under this subsection
for administration and collection expenses incurred by it.
The remaining proceeds shall be distributed to a county for
the purpose of paying the principal and interest payments on
bonds issued by the county to construct a baseball stadium, as
defined in RCW 82.14.0485, including reasonably necessary
preconstruction costs, while the taxes are being collected
under RCW 82.14.360. After this date, the state treasurer
shall credit the funds to the state general fund.
(6) Effective with vehicle registrations due or to become
due on January 1, 2005, in addition to all fees and taxes
required to be paid upon application and registration of a
vehicle, the holder of a professional firefighters and paramedics license plate shall pay an initial fee of forty dollars. The
department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining
proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the professional firefighters and paramedics license plates.
Upon the determination by the department that the state has
been reimbursed, the treasurer shall credit the proceeds to the
Washington State Council of Firefighters benevolent fund
established under RCW 46.16.30902.
[Title 46 RCW—page 72]
(7) Effective with annual renewals due or to become due
on January 1, 2006, in addition to all fees and taxes required
to be paid upon renewal of a vehicle registration, the holder
of a professional firefighters and paramedics license plate
shall, upon application, pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the professional firefighters and paramedics special license
plate. Upon the determination by the department that the
state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Firefighters benevolent fund established under RCW 46.16.30902.
(8) Effective with vehicle registrations due or to become
due on November 1, 2004, in addition to all fees and taxes
required to be paid upon application and registration of a
vehicle, the holder of a "Helping Kids Speak" license plate
shall pay an initial fee of forty dollars. The department shall
deduct an amount not to exceed twelve dollars of each fee
collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Helping
Kids Speak" special license plate. Upon the determination by
the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak"
account established under RCW 46.16.30904.
(9) Effective with annual renewals due or to become due
on November 1, 2005, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Helping Kids Speak" license plate shall, upon
application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Helping
Kids Speak" special license plate. Upon the determination by
the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak"
account established under RCW 46.16.30904.
(10) Effective with vehicle registrations due or to
become due on January 1, 2005, in addition to all fees and
taxes required to be paid upon application and registration of
a vehicle, the holder of a "law enforcement memorial" license
plate shall pay an initial fee of forty dollars. The department
shall deduct an amount not to exceed twelve dollars of each
fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall
be remitted to the custody of the state treasurer with a proper
(2008 Ed.)
Vehicle Licenses
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the law
enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW
46.16.30906.
(11) Effective with annual renewals due or to become
due on January 1, 2006, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "law enforcement memorial" license plate shall,
upon application, pay a fee of thirty dollars. The department
shall deduct an amount not to exceed two dollars of each fee
collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the law
enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW
46.16.30906.
(12)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a Washington’s Wildlife collection license plate shall pay an initial fee of forty dollars.
The department shall deduct an amount not to exceed twelve
dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the Washington’s Wildlife license plate collection. Upon
determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state
wildlife account. Proceeds credited to the state wildlife
account from the sale of the Washington’s Wildlife license
plate collection may be used only for the department of fish
and wildlife’s game species management activities.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a Washington’s Wildlife collection license plate
shall, upon application, pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the Washington’s Wildlife license plate collection. Upon
(2008 Ed.)
46.16.313
determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state
wildlife account. Proceeds credited to the state wildlife
account from the sale of the Washington’s Wildlife license
plate collection may be used only for the department of fish
and wildlife’s game species management activities.
(13)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a Washington state parks and
recreation commission special license plate shall pay an initial fee of forty dollars. The department shall deduct an
amount not to exceed twelve dollars of each fee collected
under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the Washington state parks and recreation commission special license
plate. Upon determination by the department that the state
has been reimbursed, the treasurer shall credit the proceeds to
the state parks education and enhancement account established in RCW 79A.05.059.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a Washington state parks and recreation commission special license plate shall, upon application, pay a fee of
thirty dollars. The department shall deduct an amount not to
exceed two dollars of each fee collected under this subsection
for administration and collection expenses incurred by it.
The remaining proceeds must be remitted to the custody of
the state treasurer with a proper identifying detailed report.
Under RCW 46.16.755, the state treasurer shall credit the
proceeds to the motor vehicle account until the department
determines that the state has been reimbursed for the cost of
implementing the Washington state parks and recreation
commission special license plate. Upon determination by the
department that the state has been reimbursed, the treasurer
shall credit the proceeds to the state parks education and
enhancement account established in RCW 79A.05.059.
(14)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Washington Lighthouses"
license plate shall pay an initial fee of forty dollars. The
department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining
proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the "Washington Lighthouses" license plate. Upon determination by the department that the state has been reimbursed,
the treasurer shall credit the proceeds to the lighthouse environmental programs account established under RCW
46.16.30912.
[Title 46 RCW—page 73]
46.16.313
Title 46 RCW: Motor Vehicles
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Washington Lighthouses" license plate shall,
upon application, pay a fee of thirty dollars. The department
shall deduct an amount not to exceed two dollars of each fee
collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Washington Lighthouses" license plate. Upon determination by the
department that the state has been reimbursed, the treasurer
shall credit the proceeds to the lighthouse environmental programs account established under RCW 46.16.30912.
(15)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Keep Kids Safe" license
plate shall pay an initial fee of forty-five dollars. The department shall deduct an amount not to exceed twelve dollars of
each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer
with a proper identifying report. Pursuant to RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the "Keep Kids Safe" license plate. Upon determination by
the department that the state has been reimbursed, the treasurer shall credit the proceeds to the children’s trust fund
established under RCW 43.121.100.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Keep Kids Safe" license plate shall, upon application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds shall be
remitted to the custody of the state treasurer with a proper
identifying report. Pursuant to RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Keep Kids
Safe" license plate. Upon determination by the department
that the state has been reimbursed, the treasurer shall credit
the proceeds to the children’s trust fund established under
RCW 43.121.100.
(16)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "we love our pets" license
plate shall pay an initial fee of forty dollars. The department
shall deduct an amount not to exceed twelve dollars of each
fee collected under this subsection for administrative and collection expenses incurred by it. The remaining proceeds shall
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
[Title 46 RCW—page 74]
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "we love
our pets" license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall
credit the proceeds to the we love our pets account established under RCW 46.16.30915.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "we love our pets" license plate shall, upon application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds shall be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "we love
our pets" license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall
credit the proceeds to the we love our pets account established under RCW 46.16.30915.
(17)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Gonzaga University alumni
association" license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed
twelve dollars of each fee collected under this subsection for
administrative and collection expenses incurred by it. The
remaining proceeds shall be remitted to the custody of the
state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the
proceeds to the motor vehicle account until the department
determines that the state has been reimbursed for the cost of
implementing the "Gonzaga University alumni association"
license plate. Upon determination by the department that the
state has been reimbursed, the treasurer shall credit the proceeds to the Gonzaga University alumni association account
established under RCW 46.16.30917.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Gonzaga University alumni association" license
plate shall, upon application, pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer
with a proper identifying detailed report. Pursuant to RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the "Gonzaga University alumni association" license plate.
Upon determination by the department that the state has been
reimbursed, the treasurer shall credit the proceeds to the
Gonzaga University alumni association account established
under RCW 46.16.30917.
(2008 Ed.)
Vehicle Licenses
(18) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Washington’s National Park
Fund" license plate shall pay an initial fee of forty dollars.
The department shall deduct an amount not to exceed twelve
dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the "Washington’s National Park Fund" license plate. Upon
determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Washington’s National Park Fund" account established under
RCW 46.16.30919.
(19) Effective with annual renewals due or to become
due on or after January 1, 2007, in addition to all fees and
taxes required to be paid upon renewal of a vehicle registration, the holder of a "Washington’s National Park Fund"
license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed
two dollars of each fee collected under this subsection for
administration and collection expenses incurred by it. The
remaining proceeds must be remitted to the custody of the
state treasurer with a proper identifying detailed report.
Under RCW 46.16.755, the state treasurer shall credit the
proceeds to the motor vehicle account until the department
determines that the state has been reimbursed for the cost of
implementing the "Washington’s National Park Fund"
license plate. Upon determination by the department that the
state has been reimbursed, the treasurer shall credit the proceeds to the "Washington’s National Park Fund" account
established under RCW 46.16.30919.
(20)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of an armed forces license plate
shall pay an initial fee of forty dollars. The department shall
retain an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying report. Under RCW 46.16.755, the state treasurer
shall credit the proceeds to the motor vehicle account until
the department determines that the state has been reimbursed
for the cost of implementing the armed forces special license
plate collection. Upon determination by the department that
the state has been reimbursed, the treasurer shall credit the
proceeds to the veterans stewardship account established
under RCW 43.60A.140.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of an armed forces license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct
an amount not to exceed two dollars of each fee collected
under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
(2008 Ed.)
46.16.313
remitted to the custody of the state treasurer with a proper
identifying report. Under RCW 46.16.755, the state treasurer
shall credit the proceeds to the motor vehicle account until
the department determines that the state has been reimbursed
for the cost of implementing the armed forces special license
plate collection. Upon the determination by the department
that the state has been reimbursed, the treasurer shall credit
the proceeds to the veterans stewardship account established
in RCW 43.60A.140.
(21)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Ski & Ride Washington"
license plate shall pay an initial fee of forty dollars. The
department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining
proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the "Ski & Ride Washington" license plate. Upon determination by the department that the state has been reimbursed, the
treasurer shall credit the proceeds to the "Ski & Ride Washington" account established under RCW 46.16.30923.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Ski & Ride Washington" license plate shall, upon
application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Ski &
Ride Washington" license plate. Upon determination by the
department that the state has been reimbursed, the treasurer
shall credit the proceeds to the "Ski & Ride Washington"
account established under RCW 46.16.30923.
(22)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a Wild On Washington license
plate shall pay an initial fee of forty dollars. The department
shall deduct an amount not to exceed twelve dollars of each
fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds
must be remitted to the custody of the state treasurer with a
proper identifying detailed report. Under RCW 46.16.755,
the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has
been reimbursed for the cost of implementing the Wild On
Washington license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall
credit the proceeds to the state wildlife account. Proceeds
credited to the state wildlife account from the sale of the Wild
On Washington license plates must be dedicated to the
[Title 46 RCW—page 75]
46.16.313
Title 46 RCW: Motor Vehicles
department of fish and wildlife’s watchable wildlife activities
defined in RCW 77.32.560(2).
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a Wild On Washington license plate shall, upon
application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the Wild On
Washington license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall
credit the proceeds to the state wildlife account. Proceeds
credited to the state wildlife account from the sale of the Wild
On Washington license plates must be dedicated to the
department of fish and wildlife’s watchable wildlife activities
defined in RCW 77.32.560(2).
(23)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of an Endangered Wildlife
license plate shall pay an initial fee of forty dollars. The
department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining
proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the Endangered Wildlife license plate. Upon determination
by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state wildlife account.
Proceeds credited to the state wildlife account from the sale
of the Endangered Wildlife license plates must be used only
for the department of fish and wildlife’s endangered wildlife
program activities.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of an Endangered Wildlife license plate shall, upon
application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the Endangered Wildlife license plate. Upon determination by the
department that the state has been reimbursed, the treasurer
shall credit the proceeds to the state wildlife account. Proceeds credited to the state wildlife account from the sale of
the Endangered Wildlife license plates must be used only for
[Title 46 RCW—page 76]
the department of fish and wildlife’s endangered wildlife program activities.
(24)(a) Effective with vehicle registrations due or to
become due on or after January 1, 2006, in addition to all fees
and taxes required to be paid upon application and registration of a vehicle, the holder of a "Share the Road" license
plate shall pay an initial fee of forty dollars. The department
shall deduct an amount not to exceed twelve dollars of each
fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds
must be remitted to the custody of the state treasurer with a
proper identifying detailed report. Under RCW 46.16.755,
the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has
been reimbursed for the cost of implementing the "Share the
Road" license plate. Upon determination by the department
that the state has been reimbursed, the treasurer shall credit
the proceeds to the "Share the Road" account established
under RCW 46.16.30929.
(b) Effective with annual renewals due or to become due
on or after January 1, 2007, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Share the Road" license plate shall, upon application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Under RCW 46.16.755, the state
treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Share the
Road" license plate. Upon determination by the department
that the state has been reimbursed, the treasurer shall credit
the proceeds to the "Share the Road" account established
under RCW 46.16.30929. [2005 c 426 § 3; 2005 c 225 § 3;
2005 c 224 § 3; 2005 c 220 § 3; 2005 c 216 § 3; 2005 c 177 §
3; 2005 c 85 § 3; 2005 c 71 § 3; 2005 c 53 § 3; 2005 c 48 § 3;
2005 c 44 § 3; 2005 c 42 § 3. Prior: 2004 c 221 § 3; 2004 c
48 § 3; 2004 c 35 § 3; 1997 c 291 § 8; 1996 c 165 § 506; 1995
3rd sp.s. c 1 § 103; 1994 c 194 § 4; 1990 c 250 § 4.]
Reviser’s note: This section was amended by 2005 c 42 § 3, 2005 c 44
§ 3, 2005 c 48 § 3, 2005 c 53 § 3, 2005 c 71 § 3, 2005 c 85 § 3, 2005 c 177 §
3, 2005 c 216 § 3, 2005 c 220 § 3, 2005 c 224 § 3, 2005 c 225 § 3, and by
2005 c 426 § 3, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1996 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 165 § 510.]
Effective date—1996 c 165: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 165 § 511.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
State contribution for baseball stadium limited: RCW 82.14.0486.
(2008 Ed.)
Vehicle Licenses
46.16.314 Special license plates—Authority to continue. The department has the sole discretion, based upon the
number of sales to date, to determine whether or not to continue issuing license plates in a special series created before
January 1, 2003. [2003 c 196 § 501; 1997 c 291 § 9.]
46.16.314
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.316 Special license plates—Transfer of vehicle—Replacement plates. Except as provided in RCW
46.16.305:
(1) When a person who has been issued a special license
plate or plates: (a) Under RCW 46.16.30901, 46.16.30903,
46.16.30905, or 46.16.301 as it existed before amendment by
section 5, chapter 291, Laws of 1997, or under RCW
46.16.305(2) or 46.16.324; (b) approved by the special
license plate review board under RCW 46.16.715 through
46.16.775; or (c) under RCW 46.16.601 sells, trades, or otherwise transfers or releases ownership of the vehicle upon
which the special license plate or plates have been displayed,
he or she shall immediately report the transfer of such plate or
plates to an acquired vehicle or vehicle eligible for such
plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a
transfer of the plate or plates to another eligible vehicle, a
transfer fee of ten dollars shall be charged in addition to all
other applicable fees. Such transfer fees shall be deposited in
the motor vehicle fund. Failure to surrender the plates when
required is a traffic infraction.
(2) If the special license plate or plates issued by the
department become lost, defaced, damaged, or destroyed,
application for a replacement special license plate or plates
shall be made and fees paid as provided by law for the
replacement of regular license plates. [2005 c 210 § 2. Prior:
2004 c 223 § 4; 2004 c 221 § 5, 2004 c 48 § 5; 2004 c 35 § 5;
1997 c 291 § 10; 1990 c 250 § 5.]
46.16.316
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.319 Veterans and military personnel—
Emblems. (1) Veterans discharged under honorable conditions (veterans) and individuals serving on active duty in the
United States armed forces (active duty military personnel)
may purchase a veterans remembrance emblem or campaign
medal emblem. The emblem is to be displayed on vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
(2) Veterans and active duty military personnel who
served during periods of war or armed conflict may purchase
a remembrance emblem depicting campaign ribbons which
they were awarded.
(3) The following campaign ribbon remembrance
emblems are available:
(a) World War I victory medal;
(b) World War II Asiatic-Pacific campaign medal;
(c) World War II European-African Middle East campaign medal;
(d) World War II American campaign medal;
(e) Korean service medal;
46.16.319
(2008 Ed.)
46.16.332
(f) Vietnam service medal;
(g) Armed forces expeditionary medal awarded after
1958; and
(h) Southwest Asia medal.
The director may issue additional campaign ribbon
emblems by rule as authorized decorations by the United
States department of defense.
(4) Veterans or active duty military personnel requesting
a veteran remembrance emblem or campaign medal emblem
or emblems must:
(a) Pay a prescribed fee set by the department; and
(b) Show proof of eligibility through:
(i) Providing a DD-214 or discharge papers if a veteran;
(ii) Providing a copy of orders awarding a campaign ribbon if an individual serving on military active duty; or
(iii) Attesting in a notarized affidavit of their eligibility
as required under this section.
(5) Veterans or active duty military personnel who purchase a veteran remembrance emblem or a campaign medal
emblem must be the legal or registered owner of the vehicle
on which the emblem is to be displayed. [1997 c 234 § 1;
1991 c 339 § 11; 1990 c 250 § 6.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.324 Collegiate license plates. Effective January
1, 1995, a state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form prescribed by the department, and request the
department to issue a series of collegiate license plates
depicting the name and mascot or symbol of the college or
university, as submitted and approved for use by the requesting institution. [1994 c 194 § 3.]
46.16.324
46.16.327 Military emblems—Material, display
requirements. Vehicle license plate emblems and veteran
remembrance emblems shall use fully reflectorized materials
designed to provide visibility at night. Emblems shall be
designed to be affixed to a vehicle license number plate by
pressure-sensitive adhesive so as not to obscure the plate
identification numbers or letters.
Emblems will be issued for display on the front and rear
license number plates. Single emblems will be issued for
vehicles authorized to display one license number plate.
[1990 c 250 § 8.]
46.16.327
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.332 Military emblems—Fees. (1) The director
may adopt fees to be charged by the department for emblems
issued by the department under RCW 46.16.319.
(2) The fee for each remembrance emblem issued under
RCW 46.16.319 shall be in an amount sufficient to offset the
costs of production of remembrance emblems and the administration of that program by the department plus an amount
for use by the department of veterans affairs, not to exceed a
total fee of twenty-five dollars per emblem.
46.16.332
[Title 46 RCW—page 77]
46.16.333
Title 46 RCW: Motor Vehicles
(3) The veterans’ emblem account is created in the custody of the state treasurer. All receipts by the department
from the issuance of remembrance emblems under RCW
46.16.319 shall be deposited into this fund. Expenditures
from the fund may be used only for the costs of production of
remembrance emblems and administration of the program by
the department of licensing, with the balance used only by the
department of veterans affairs for projects that pay tribute to
those living veterans and to those who have died defending
freedom in our nation’s wars and conflicts and for the upkeep
and operations of existing memorials, as well as for planning,
acquiring land for, and constructing future memorials. Only
the director of licensing, the director of veterans affairs, or
their designees may authorize expenditures from the fund.
The fund is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures. [1994 c 194 § 5; 1990 c 250 § 9.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.333 Cooper Jones emblems. In cooperation with
the Washington state patrol and the department of licensing,
the traffic safety commission shall create and design, and the
department shall issue, Cooper Jones license plate emblems
displaying a symbol of bicycle safety that may be used on
motor vehicles required to display two motor vehicle license
plates, excluding vehicles registered under chapter 46.87
RCW, upon terms and conditions established by the department. These license plate emblems will fund the Cooper
Jones act and provide funding for bicyclist and pedestrian
safety education, enforcement, and encouragement.
Any person may purchase Cooper Jones license plate
emblems. The emblems are to be displayed on the vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
The fee for Cooper Jones emblems shall be twenty-five dollars. All moneys collected shall first go to the department to
be deposited into the motor vehicle fund until all expenses of
designing and producing the emblems are recovered. Thereafter, the department shall deduct an amount not to exceed
five dollars of each fee collected for Cooper Jones emblems
for administration and collection expenses. The remaining
proceeds shall be remitted to the custody of the state treasurer
with a proper identifying detailed report. The state treasurer
shall credit the proceeds to the "Share the Road" account
established under RCW 46.16.30929. [2005 c 426 § 5; 2002
c 264 § 3.]
46.16.333
Finding—2002 c 264: "The legislature finds that bicycling and walking
are becoming increasingly popular in Washington as clean and efficient
modes of transportation, as recreational activities, and as organized sports.
Future plans for the state’s transportation system will require increased
access and safety for bicycles and pedestrians on our common roadways, and
federal transportation legislation and funding programs have created strong
incentives to implement these changes quickly. As a result, many more people are likely to take up bicycling in Washington both as a leisure activity
and as a convenient, inexpensive form of transportation. Bicyclists are more
vulnerable to injury and accident than motorists, and both should be knowledgeable about traffic laws. Bicyclists should be highly visible and predictable when riding in traffic, and be encouraged to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously injured every year
in accidents, and millions of dollars are spent on health care costs associated
with these accidents. There is clear evidence that organized training in the
rules and techniques of safe and effective cycling can significantly reduce
[Title 46 RCW—page 78]
the incidence of serious injury and accidents, increase cooperation among
road users, and significantly increase the incidence of bicycle helmet use,
particularly among minors. A reduction in accidents benefits the entire community. Therefore, it is appropriate for businesses and community organizations to provide donations to bicycle and pedestrian safety training programs." [2002 c 264 § 1.]
46.16.335 Special license plates and emblems—
Rules. The director shall adopt rules to implement RCW
46.16.301 through 46.16.332, including setting of fees.
[1990 c 250 § 10.]
46.16.335
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.340 Amateur radio operator plates—Information furnished to various agencies. The director, from time
to time, shall furnish the state military department, the
department of community, trade, and economic development,
the Washington state patrol, and all county sheriffs a list of
the names, addresses, and license plate or radio station call
letters of each person possessing the special amateur radio
station license plates so that the facilities of such radio stations may be utilized to the fullest extent in the work of these
governmental agencies. [1995 c 391 § 8; 1986 c 266 § 49;
1985 c 7 § 112; 1974 ex.s. c 171 § 43; 1967 c 32 § 23; 1961 c
12 § 46.16.340. Prior: 1957 c 145 § 3.]
46.16.340
Effective date—1995 c 391: See note following RCW 38.52.005.
Severability—1986 c 266: See note following RCW 38.52.005.
46.16.350 Amateur radio operator plates—Expiration or revocation of radio license—Penalty. Any radio
amateur operator who holds a special call letter license plate
as issued under RCW 46.16.305, and who has allowed his or
her federal communications commission license to expire, or
has had it revoked, must notify the director in writing within
thirty days and surrender his or her call letter license plate.
Failure to do so is a traffic infraction. [1997 c 291 § 11; 1990
c 250 § 11; 1979 ex.s. c 136 § 49; 1967 c 32 § 24; 1961 c 12
§ 46.16.350. Prior: 1957 c 145 § 4.]
46.16.350
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.371 Special plates for honorary consul, foreign
government representative. (1) Every honorary consul or
official representative of any foreign government who is a
citizen or resident of the United States of America, duly
licensed and holding an exequatur issued by the department
of state of the United States of America is entitled to apply to
the director for, and upon satisfactory showing, and upon
payment of regular license fees and excise tax, to receive, in
lieu of the regular motor vehicle license plates, such special
plates of a distinguishing color and running in a separate
numerical series, as the director shall prescribe. Application
for renewal of the license plates shall be as prescribed for the
license renewal of other vehicles.
(2) Whenever the owner or lessee as provided in subsection (1) of this section transfers or assigns his interest or title
in the motor vehicle to which the special plates were
46.16.371
(2008 Ed.)
Vehicle Licenses
attached, the plates shall be removed from the motor vehicle,
and if another vehicle is acquired, attached thereto, and the
director shall be immediately notified of the transfer of the
plates; otherwise the removed plates shall be immediately
forwarded to the director to be destroyed. Whenever the
owner or lessee as provided in subsection (1) of this section is
for any reason relieved of his duties as an honorary consul or
official representative of a foreign government, he shall
immediately forward the special plates to the director, who
shall upon receipt thereof provide such plates as are otherwise provided by law. [1987 c 237 § 1.]
46.16.374
46.16.374 Taipei Economic and Cultural Office—
Special plates. (1) If the eligible applicant bears the entire
cost of plate production, the department shall provide for the
issuance of special license plates, in lieu of regular motor
vehicle license plates, for passenger vehicles having manufacturers’ rated carrying capacities of one ton or less that are
owned or leased by an officer of the Taipei Economic and
Cultural Office. The department shall issue the special
license plates in a distinguishing color, running in a separate
numerical series, and bearing the words "Foreign Organization." A vehicle for which special license plates are issued
under this section is exempt from regular license fees under
RCW 46.16.0621 and any additional vehicle license fees
imposed under *RCW 82.80.020.
(2) Whenever the owner or lessee as provided in subsection (1) of this section transfers or assigns the interest or title
in the motor vehicle for which the special plates were issued,
the plates must be removed from the motor vehicle, and if
another qualified vehicle is acquired, attached to that vehicle,
and the director must be immediately notified of the transfer
of the plates; otherwise the removed plates must be immediately forwarded to the director to be destroyed. Whenever the
owner or lessee as provided in subsection (1) of this section is
for any reason relieved of his or her duties as a representative
of a recognized foreign organization, he or she shall immediately forward the special plates to the director, who shall
upon receipt dispose of the plates as otherwise provided by
law. [2001 c 64 § 5; 1996 c 139 § 1.]
*Reviser’s note: RCW 82.80.020 was repealed by 2003 c 1 § 5, (Initiative Measure No. 776, approved November 5, 2002).
46.16.376
46.16.376 Taipei Economic and Cultural Office—Fee
exemption. A motor vehicle owned or leased by an officer of
the Taipei Economic and Cultural Office eligible for a special
license plate under RCW 46.16.374 is exempt from the payment of license fees for the licensing of the vehicle as provided in this chapter. [1996 c 139 § 2.]
46.16.381
46.16.381 Special parking for persons with disabilities—Penalties—Enforcement—Definition. (1) The director shall grant special parking privileges to any person who
has a disability that limits or impairs the ability to walk or
involves acute sensitivity to light and meets one of the following criteria, as determined by a licensed physician, an
advanced registered nurse practitioner licensed under chapter
18.79 RCW, or a physician assistant licensed under chapter
18.71A or 18.57A RCW:
(2008 Ed.)
46.16.381
(a) Cannot walk two hundred feet without stopping to
rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Has such a severe disability, that the person cannot
walk without the use of or assistance from a brace, cane,
another person, prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person’s functional limitations are
classified as class III or IV under standards accepted by the
American Heart Association;
(g) Has a disability resulting from an acute sensitivity to
automobile emissions which limits or impairs the ability to
walk. The personal physician, advanced registered nurse
practitioner, or physician assistant of the applicant shall document that the disability is comparable in severity to the others listed in this subsection;
(h) Is legally blind and has limited mobility; or
(i) Is restricted by a form of porphyria to the extent that
the applicant would significantly benefit from a decrease in
exposure to light.
(2) The applications for parking permits for persons with
disabilities and parking permits for persons with temporary
disabilities are official state documents. Knowingly providing false information in conjunction with the application is a
gross misdemeanor punishable under chapter 9A.20 RCW.
The following statement must appear on each application
form immediately below the physician’s, advanced registered
nurse practitioner’s, or physician assistant’s signature and
immediately below the applicant’s signature: "A parking
permit for a person with disabilities may be issued only for a
medical necessity that severely affects mobility or involves
acute sensitivity to light (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up
to $5,000 or both."
(3) Persons who qualify for special parking privileges
are entitled to receive from the department of licensing a
removable windshield placard bearing the international symbol of access and an individual serial number, along with a
special identification card bearing the name and date of birth
of the person to whom the placard is issued, and the placard’s
serial number. The special identification card shall be issued
to all persons who are issued parking placards, including
those issued for temporary disabilities, and special parking
license plates for persons with disabilities. The department
shall design the placard to be displayed when the vehicle is
parked by suspending it from the rearview mirror, or in the
absence of a rearview mirror the card may be displayed on
the dashboard of any vehicle used to transport the person with
disabilities. Instead of regular motor vehicle license plates,
persons with disabilities are entitled to receive special license
plates under this section or RCW 46.16.385 bearing the international symbol of access for one vehicle registered in the
name of the person with disabilities. Persons with disabilities
[Title 46 RCW—page 79]
46.16.381
Title 46 RCW: Motor Vehicles
who are not issued the special license plates are entitled to
receive a second special placard upon submitting a written
request to the department. Persons who have been issued the
parking privileges and who are using a vehicle or are riding in
a vehicle displaying the placard or special license plates
issued under this section or RCW 46.16.385 may park in
places reserved for persons with physical disabilities. The
director shall adopt rules providing for the issuance of special
placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW,
boarding homes licensed under chapter 18.20 RCW, senior
citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department
as cabulances that regularly transport persons with disabilities who have been determined eligible for special parking
privileges provided under this section. The director may
issue special license plates for a vehicle registered in the
name of the public transportation authority, nursing home,
boarding home, senior citizen center, private nonprofit
agency, or cabulance service if the vehicle is primarily used
to transport persons with disabilities described in this section.
Public transportation authorities, nursing homes, boarding
homes, senior citizen centers, private nonprofit agencies, and
cabulance services are responsible for insuring that the special placards and license plates are not used improperly and
are responsible for all fines and penalties for improper use.
(4) Whenever the person with disabilities transfers or
assigns his or her interest in the vehicle, the special license
plates shall be removed from the motor vehicle. If another
vehicle is acquired by the person with disabilities and the
vehicle owner qualifies for a special plate, the plate shall be
attached to the vehicle, and the director shall be immediately
notified of the transfer of the plate. If another vehicle is not
acquired by the person with disabilities, the removed plate
shall be immediately surrendered to the director.
(5) The special license plate shall be renewed in the same
manner and at the time required for the renewal of regular
motor vehicle license plates under this chapter. No special
license plate may be issued to a person who is temporarily
disabled. A person who has a condition expected to improve
within six months may be issued a temporary placard for a
period not to exceed six months. If the condition exists after
six months a new temporary placard shall be issued upon
receipt of a new certification from the person’s physician.
The permanent parking placard and identification card of a
person with disabilities shall be renewed at least every five
years, as required by the director, by satisfactory proof of the
right to continued use of the privileges. In the event of the
permit holder’s death, the parking placard and identification
card must be immediately surrendered to the department.
The department shall match and purge its database of parking
permits issued to persons with disabilities with available
death record information at least every twelve months.
(6) Additional fees shall not be charged for the issuance
of the special placards or the identification cards. No additional fee may be charged for the issuance of the special
license plates except the regular motor vehicle registration
fee and any other fees and taxes required to be paid upon registration of a motor vehicle.
(7) Any unauthorized use of the special placard, special
license plate issued under this section or RCW 46.16.385, or
[Title 46 RCW—page 80]
identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.
(8) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for a person to make inaccessible
the access aisle located next to a space reserved for persons
with physical disabilities. The clerk of the court shall report
all violations related to this subsection to the department.
(9) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for any person to park a vehicle in a
parking place provided on private property without charge or
on public property reserved for persons with physical disabilities without a placard or special license plate issued under
this section or RCW 46.16.385. If a person is charged with a
violation, the person shall not be determined to have committed an infraction if the person produces in court or before the
court appearance the placard or special license plate issued
under this section or RCW 46.16.385 required under this section. A local jurisdiction providing nonmetered, on-street
parking places reserved for persons with physical disabilities
may impose by ordinance time restrictions of no less than
four hours on the use of these parking places. A local jurisdiction may impose by ordinance time restrictions of no less
than four hours on the use of nonreserved, on-street parking
spaces by vehicles displaying the special parking placards or
special license plates issued under this section or RCW
46.16.385. All time restrictions must be clearly posted.
(10) The penalties imposed under subsections (8) and (9)
of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an
additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage
of the improperly parked vehicle.
(11) Except as provided by subsection (2) of this section,
it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special
license plate issued under this section or RCW 46.16.385,
placard, or identification card in a manner other than that
established under this section.
(12)(a) A law enforcement agency authorized to enforce
parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twentyone years of age. The law enforcement agency appointing
volunteers may establish any other qualifications the agency
deems desirable.
(b) An agency appointing volunteers under this section
must provide training to the volunteers before authorizing
them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed
under this subsection has the same force and effect as a notice
of infraction issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person
to show the person’s identification card or special parking
placard when investigating the possibility of a violation of
this section. If the request is refused, the person in charge of
the vehicle may be issued a notice of infraction for a violation
of this section.
(13) For second or subsequent violations of this section,
in addition to a monetary fine, the violator must complete a
minimum of forty hours of:
(2008 Ed.)
Vehicle Licenses
(a) Community restitution for a nonprofit organization
that serves persons having disabilities or disabling diseases;
or
(b) Any other community restitution that may sensitize
the violator to the needs and obstacles faced by persons who
have disabilities.
(14) The court may not suspend more than one-half of
any fine imposed under subsection (7), (8), (9), or (11) of this
section.
(15) For the purposes of this section, "legally blind"
means a person who: (a) Has no vision or whose vision with
corrective lenses is so limited that the individual requires
alternative methods or skills to do efficiently those things that
are ordinarily done with sight by individuals with normal
vision; or (b) has an eye condition of a progressive nature
which may lead to blindness. [2007 c 262 § 1; 2007 c 44 § 1;
2006 c 357 § 2; 2005 c 390 § 2; 2004 c 222 § 2; 2003 c 371 §
1; 2002 c 175 § 33; 2001 c 67 § 1; 1999 c 136 § 1; 1998 c 294
§ 1; 1995 c 384 § 1; 1994 c 194 § 6; 1993 c 106 § 1; 1992 c
148 § 1; 1991 c 339 § 21; 1990 c 24 § 1; 1986 c 96 § 1; 1984
c 154 § 2.]
Reviser’s note: This section was amended by 2007 c 44 § 1 and by
2007 c 262 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—2006 c 357: "The legislature reaffirms its recognition that
legal blindness does not affect the physical ability to walk, nor does it limit
the ability to participate and contribute in employment and all aspects of life
as an equal and productive citizen. Furthermore, for a legally blind individual with appropriate training in travel skills, any limitations on that individual’s mobility are not resolved by the granting of special parking privileges.
However, for some individuals, including the newly blind and those in transition, the availability of special parking privileges could prove to be an
appropriate benefit if those individuals choose to avail themselves of the
opportunity." [2006 c 357 § 1.]
Effective date—2004 c 222 §§ 1 and 2: See note following RCW
46.16.385.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1984 c 154: "The legislature intends to extend special parking
privileges to persons with disabilities that substantially impair mobility."
[1984 c 154 § 1.]
Application—1984 c 154: "This act applies to special license plates,
cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." [1984 c 154
§ 9.]
Severability—1984 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 154 § 10.]
Accessible parking spaces required: RCW 70.92.140.
Free parking by individuals with disabilities: RCW 46.61.582.
46.16.385 Versions of special plates for persons with
disabilities. (1) The department shall design and issue versions of special license plates including the international
symbol of access described in RCW 70.92.120 for plates
issued under (a) RCW 46.16.301; (b) RCW 46.16.305, except
those plates issued under RCW 46.16.305 (1) and (2); (c)
RCW 46.16.324; (d) RCW 46.16.745; (e) RCW 73.04.110;
(f) RCW 73.04.115; (g) RCW 46.16.301(1) (a), (b), or (c), as
it existed before amendment by section 5, chapter 291, Laws
of 1997; (h) RCW 46.16.565; or (i) plates issued under RCW
46.16.601. The version of the special plate including the
international symbol of access may be used in lieu of the
46.16.385
(2008 Ed.)
46.16.460
parking placard issued to persons who qualify for special
parking privileges under RCW 46.16.381. The department
may not charge an additional fee for the issuance of the special license plate including the international symbol of
access, except the regular motor vehicle registration fee, the
fee associated with the particular special plate, and any other
fees and taxes required to be paid upon registration of a motor
vehicle. The international symbol of access must be incorporated into the design of the special license plate in a manner
to be determined by the department, and under existing
vehicular licensing procedures and existing laws.
(2) Persons who qualify for special parking privileges
under RCW 46.16.381, and who have applied and paid the
appropriate fee for any of the special license plates listed in
subsection (1) of this section, are entitled to receive from the
department a special license plate including the international
symbol of access. The special license plate including the
international symbol of access may be used for one vehicle
registered in the name of the person with the disability. Persons who have been issued the parking privileges or who are
using a vehicle displaying the special license plate including
the international symbol of access may park in places
reserved for persons with physical disabilities.
(3) Special license plates including the international
symbol of access must be administered in the same manner as
plates issued under RCW 46.16.381.
(4) The department shall adopt rules to implement this
section. [2005 c 390 § 3; 2005 c 210 § 3; 2004 c 222 § 1.]
Reviser’s note: This section was amended by 2005 c 210 § 3 and by
2005 c 390 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 222 §§ 1 and 2: "Sections 1 and 2 of this act
take effect November 1, 2004." [2004 c 222 § 5.]
46.16.390
46.16.390 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle has disabilities, entitles the vehicle on or in which it
is displayed and being used to transport the person with disabilities to lawfully park in a parking place reserved for persons with physical disabilities pursuant to chapter 70.92
RCW or authority implemental thereof. [2005 c 390 § 4;
1991 c 339 § 22; 1984 c 51 § 1.]
46.16.450
46.16.450 Appeals to superior court from suspension,
revocation, cancellation, or refusal of license or certificate. See RCW 46.12.240.
46.16.460
46.16.460 Nonresident members of armed forces—
Issuance of temporary license. Upon the payment of a fee
of ten dollars therefor, the department of licensing shall issue
a temporary motor vehicle license for a motor vehicle in this
state for a period of forty-five days when such motor vehicle
has been or is being purchased by a nonresident member of
the armed forces of the United States and an application,
accompanied with prepayment of required fees, for out of
state registration has been made by the purchaser. [1979 c
158 § 141; 1967 c 202 § 4.]
[Title 46 RCW—page 81]
46.16.470
Title 46 RCW: Motor Vehicles
46.16.470 Temporary license—Display. The temporary license provided for in RCW 46.16.460 shall be carried
on the interior of the motor vehicle in such a way as to be
clearly visible from outside the vehicle. [1967 c 202 § 5.]
46.16.470
46.16.480 Nonresident members of armed forces—
Exemption from sales, use, or motor vehicle excise
taxes—Extent of exemption. The original purchaser of a
motor vehicle, for which a temporary license as provided in
RCW 46.16.460 has been issued, shall not be subject to the
sales tax, use tax, or motor vehicle excise tax during the
effective period of such license or thereafter unless the motor
vehicle, after the effective period of such license, is still in
this state or within a period of one year after the effective
period of such license is returned to this state. [1967 c 202 §
6.]
46.16.480
46.16.490 Nonresident members of armed forces—
Rules and regulations—Proof. The department of licensing
shall prescribe rules and regulations governing the administration of RCW 46.16.460 through 46.16.490. The department may require that adequate proof of the facts asserted in
the application for a temporary license shall be made before
the temporary license shall be granted. [1979 c 158 § 142;
1967 c 202 § 7.]
46.16.490
46.16.500 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be
unlawful in chapter 46.16 RCW, if the operator of the vehicle
is not the owner or lessee of such vehicle, but is so operating
or moving the vehicle with the express or implied permission
of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the
primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 3; 1969 ex.s. c 69 § 2.]
46.16.500
46.16.505 Campers—License and plates—Application—Fee. It shall be unlawful for a person to operate any
vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in
full force and effect a current and proper camper license and
displaying a camper license number plate therefor as required
by law: PROVIDED, HOWEVER, That if a camper is part
of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for
no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such
camper may be demonstrated if carried upon an appropriately
licensed vehicle.
Application for an original camper license shall be made
on a form furnished for the purpose by the director. Such
application shall be made by the owner of the camper or his
duly authorized agent over the signature of such owner or
agent, and he shall certify that the statements therein are true
and to the best of his knowledge. The application must show:
(1) Name and address of the owner of the camper;
46.16.505
[Title 46 RCW—page 82]
(2) Trade name of the camper, model, year, and the serial
number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each registration year or fractional part thereof and upon each camper
a license fee or, if the camper was previously licensed in this
state and has not been registered in another jurisdiction in the
intervening period, a renewal license fee. Such license fee
shall be in the sum of four dollars and ninety cents, and such
renewal license fee shall be in the sum of three dollars and
fifty cents.
Except as otherwise provided for in this section, the provisions of chapter 46.16 RCW shall apply to campers in the
same manner as they apply to vehicles. [1975 1st ex.s. c 118
§ 11; 1975 c 41 § 1; 1971 ex.s. c 231 § 7.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.16.560
46.16.560 Personalized license plates—Defined. Personalized license plates, as used in this chapter, means
license plates that have displayed upon them the registration
number assigned to the vehicle or camper for which such registration number was issued in a combination of letters or
numbers, or both, requested by the owner of the vehicle or
camper in accordance with this chapter. [1975 c 59 § 1; 1973
1st ex.s. c 200 § 2.]
Personalized license plates—Legislative declaration: "It is declared
to be the public policy of the state of Washington to direct financial resources
of this state toward the support and aid of the wildlife resources existing
within the state of Washington in order that the general welfare of these
inhabitants of the state be served. For the purposes of *this chapter, wildlife
resources are understood to be those species of wildlife other than that managed by the department of fisheries under their existing jurisdiction as well
as all unclassified marine fish, shellfish, and marine invertebrates which
shall remain under the jurisdiction of the director of fisheries. The legislature
further finds that the preservation, protection, perpetuation, and enhancement of such wildlife resources of the state is of major concern to it, and that
aid for a satisfactory environment and ecological balance in this state for
such wildlife resources serves a public interest, purpose, and desire.
It is further declared that such preservation, protection, perpetuation,
and enhancement can be fostered through financial support derived on a voluntary basis from those citizens of the state of Washington who wish to assist
in such objectives; that a desirable manner of accomplishing this is through
offering personalized license plates for certain vehicles and campers the fees
for which are to be directed to the state treasury to the credit of the **state
game fund for the furtherance of the programs, policies, and activities of the
state **game department in preservation, protection, perpetuation, and
enhancement of the wildlife resources that abound within the geographical
limits of the state of Washington.
In particular, the legislature recognizes the benefit of this program to be
specifically directed toward those species of wildlife including but not limited to song birds, protected wildlife, rare and endangered wildlife, aquatic
life, and specialized-habitat types, both terrestrial and aquatic, as well as all
unclassified marine fish, shellfish, and marine invertebrates which shall
remain under the jurisdiction of the director of fisheries that exist within the
limits of the state of Washington." [1975 c 59 § 7; 1973 1st ex.s. c 200 § 1.
Formerly RCW 77.12.175.]
Reviser’s note: *(1) The term "this chapter" refers to chapter 77.12
RCW, where this section was originally codified, pursuant to legislative
directive, as RCW 77.12.175. It was subsequently decodified by 1980 c 78 §
32.
**(2) References to the "state game fund" and "game department"
mean the "state wildlife fund" and "department of wildlife." See note following RCW 77.04.020. The "state wildlife fund" was renamed the "state
wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4.
(2008 Ed.)
Vehicle Licenses
46.16.601
46.16.565 Personalized license plates—Application.
Any person who is the registered owner of a passenger motor
vehicle, a motor truck, a trailer, a camper, a private bus, or a
motorcycle registered with the department, excluding proportionally registered vehicles, or who makes application for an
original registration or renewal registration of such vehicle or
camper may, upon payment of the fee prescribed in RCW
46.16.585, apply to the department for personalized license
plates, in the manner described in RCW 46.16.580, which
plates shall be affixed to the vehicle or camper for which registration is sought in lieu of the regular license plates. [1985
c 173 § 1; 1983 c 27 § 4; 1975 c 59 § 2; 1973 1st ex.s. c 200
§ 3.]
renewal of such plates shall be charged an additional fee of
twenty dollars: PROVIDED, That any person who purchased
personalized license plates containing three letters and three
digits on or between the dates of August 9, 1971, and November 6, 1973, shall not be required to pay the additional annual
renewal fee of twenty dollars commencing with the year
1976. All personalized license plates must be renewed on an
annual basis, regardless of whether a vehicle on which they
are displayed will not be driven on public highways or may
also be eligible to display permanent license plates valid for
the life of such vehicle without annual renewal. Personalized
license plates that are not renewed must be surrendered to the
department, and failure to do so is a traffic infraction. [1979
ex.s. c 136 § 51; 1975 c 59 § 4; 1973 1st ex.s. c 200 § 7.]
46.16.570 Personalized license plates—Design.
Except for personalized plates issued under RCW 46.16.601,
the personalized license plates shall be the same design as
regular license plates, and shall consist of numbers or letters,
or any combination thereof not exceeding seven positions
unless proposed by the department and approved by the
Washington state patrol and not less than one position, to the
extent that there are no conflicts with existing passenger,
commercial, trailer, motorcycle, or special license plates
series or with the provisions of RCW 46.16.230 or 46.16.235:
PROVIDED, That the maximum number of positions on personalized license plates for motorcycles shall be designated
by the department. [2005 c 210 § 4; 1986 c 108 § 1; 1983 1st
ex.s. c 24 § 1; 1975 c 59 § 3; 1973 1st ex.s. c 200 § 4.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.565
46.16.570
Effective dates—1983 1st ex.s. c 24: "Section 2 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of state government and its existing public institutions, and shall take
effect on July 1, 1983. Section 1 of this act takes effect on July 1, 1984."
[1983 1st ex.s. c 24 § 4.]
46.16.575 Personalized license plates—Issuance to
registered owner only. Personalized license plates shall be
issued only to the registered owner of a vehicle on which they
are to be displayed. [1973 1st ex.s. c 200 § 5.]
46.16.575
46.16.580 Personalized license plates—Application
requirements. An applicant for issuance of personalized
license plates or renewal of such plates in the subsequent year
pursuant to this chapter shall file an application therefor in
such form and by such date as the department may require,
indicating thereon the combination of letters or numbers, or
both, requested as a vehicle license plate number. There shall
be no duplication or conflict with existing or projected vehicle license plate series or other numbering systems for
records kept by the department, and the department may
refuse to issue any combination of letters or numbers, or both,
that may carry connotations offensive to good taste and
decency or which would be misleading or a duplication of
license plates provided for in chapter 46.16 RCW. [1973 1st
ex.s. c 200 § 6.]
46.16.580
46.16.585 Personalized license plates—Fees—
Renewal—Penalty. In addition to the regular registration
fee, and any other fees and taxes required to be paid upon registration, the applicant shall be charged a fee of thirty dollars.
In addition to the regular renewal fee, and in addition to any
other fees and taxes required to be paid, the applicant for a
46.16.585
(2008 Ed.)
46.16.590 Personalized license plates—Transfer fees.
Whenever any person who has been issued personalized
license plates applies to the department for transfer of such
plates to a subsequently acquired vehicle or camper eligible
for personalized license plates, a transfer fee of ten dollars
shall be charged in addition to all other appropriate fees.
Such transfer fees shall be deposited in the motor vehicle
fund. [2004 c 223 § 5; 1975 c 59 § 5; 1973 1st ex.s. c 200 §
8.]
46.16.590
46.16.595 Personalized license plates—Transfer or
surrender upon sale or release of vehicle—Penalty. When
any person who has been issued personalized license plates
sells, trades, or otherwise releases ownership of the vehicle
upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates
to an acquired vehicle or camper eligible for personalized
license plates, pursuant to RCW 46.16.590, or he shall surrender such plates to the department forthwith and release his
priority to the letters or numbers, or combination thereof, displayed on the personalized license plates. Failure to surrender
such plates is a traffic infraction. [1979 ex.s. c 136 § 52; 1975
c 59 § 6; 1973 1st ex.s. c 200 § 9.]
46.16.595
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.600 Personalized license plates—Rules and
regulations. (1) The director of licensing may establish such
rules and regulations as may be necessary to carry out the
purposes of RCW 46.16.560 through 46.16.595.
(2) Upon direction by the board, the department shall
adopt a rule limiting the ability of organizations and governmental entities to apply for more than one license plate series.
[2005 c 210 § 5; 1979 c 158 § 143; 1973 1st ex.s. c 200 § 10.]
46.16.600
46.16.601 Personalized special plates. (1) The following special license plate series created by the legislature may
be personalized: (a) RCW 46.16.301 as currently law; (b)
RCW 46.16.301(1) (a), (b), or (c), as it existed before amendment by section 5, chapter 291, Laws of 1997; (c) RCW
46.16.305, except those plates issued under RCW 46.16.305
(1) and (2); (d) RCW 46.16.324; (e) RCW 46.16.385; or (f)
RCW 46.16.745.
46.16.601
[Title 46 RCW—page 83]
46.16.605
Title 46 RCW: Motor Vehicles
(2) Personalized special plates issued under this section
may be personalized only by using numbers or letters, or any
combination thereof not exceeding seven positions, and not
less than one position, to the extent that there are no conflicts
with existing license plate series. A personalized special
license plate is subject to the same requirements as personalized license plates listed in RCW 46.16.575, 46.16.580,
46.16.590, 46.16.595, and 46.16.600.
(3) In addition to any other fees and taxes due at the time
of registration, applicants for a personalized special license
plate must pay both the fees to purchase and renew a special
plate as set out in the statute creating the special plate and the
personalized plate as required in RCW 46.16.585 and
46.16.606. The special plate fee must be distributed in accordance with the requirements set out in the statute creating the
special plate. The personalized plate fee must be distributed
under RCW 46.16.605 and 46.16.606. The transfer of personalized special plates is to be administered under RCW
46.16.316. [2005 c 210 § 1.]
Effective date—2005 c 210 § 1: "Section 1 of this act takes effect
March 1, 2007." [2005 c 210 § 9.]
46.16.605 Personalized license plates—Disposition of
fees—Costs. All revenue derived from the fees provided for
in RCW 46.16.585 shall be forwarded to the state treasurer
and be deposited to the credit of the *state wildlife fund to be
used for the preservation, protection, perpetuation, and
enhancement of nongame species of wildlife including but
not limited to song birds, raptors, protected wildlife, rare and
endangered wildlife, aquatic life, and specialized-habitat
types, both terrestrial and aquatic, as well as all unclassified
marine fish, shellfish, and marine invertebrates.
Administrative costs incurred by the department of
licensing as a direct result of RCW 46.16.560 through
46.16.605 and 77.12.170 shall be appropriated by the legislature from the *state wildlife fund from those funds deposited
therein resulting from the sale of personalized license plates.
If the actual costs incurred by the department of licensing are
less than that which has been appropriated by the legislature
the remainder shall revert to the *state wildlife fund. [1988 c
36 § 27; 1983 1st ex.s. c 24 § 2; 1983 c 3 § 118; 1979 c 158 §
144; 1973 1st ex.s. c 200 § 11.]
46.16.605
*Reviser’s note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4.
Effective dates—1983 1st ex.s. c 24: See note following RCW
46.16.570.
State wildlife account: RCW 77.12.170.
46.16.606 Personalized license plates—Additional
fee. In addition to the fees imposed in RCW 46.16.585 for
application and renewal of personalized license plates an
additional fee of twelve dollars shall be charged. Ten dollars
from the additional fee shall be deposited in the state wildlife
account and used for the management of resources associated
with the nonconsumptive use of wildlife. Two dollars from
the additional fee shall be deposited into the wildlife rehabilitation account created under RCW 77.12.471. [2007 c 246 §
2; 1991 sp.s. c 7 § 13.]
46.16.606
Application—2007 c 246 § 2: "Section 2 of this act is effective for registrations due or to become due on or after January 1, 2008." [2007 c 246 §
6.]
[Title 46 RCW—page 84]
Finding—2007 c 246: See note following RCW 77.12.467.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
46.16.615 Commercial motor vehicle registration.
(1) The department shall refuse to register a commercial
motor vehicle that is owned by a motor carrier subject to
RCW 46.32.080, 46.87.294, and 46.87.296 upon notification
to the department by the Washington state patrol or the federal motor carrier safety administration that an out-of-service
order has been placed on the department of transportation
number issued to the motor carrier.
(2) The department shall revoke the vehicle registration
of all commercial motor vehicles that are owned by a motor
carrier subject to RCW 46.32.080, upon notification to the
department by the Washington state patrol or the federal
motor carrier safety administration that an out-of-service
order has been placed on the department of transportation
number issued to the motor carrier. The revocation must
remain in effect until the department has been notified by the
Washington state patrol that the out-of-service order has been
rescinded.
(3) By June 30, 2009, any original or renewal application
for registration of a commercial motor vehicle that is owned
by a motor carrier subject to RCW 46.32.080 that is submitted to the department must be accompanied by:
(a) The department of transportation number issued to
the motor carrier; and
(b) The federal taxpayer identification number of the
motor carrier.
(4) Beginning on June 30, 2012, the requirements of subsection (3) of this section apply to any original or renewal
application that is submitted to the department for registration of a commercial motor vehicle that is owned by a motor
carrier subject to RCW 46.32.080, and that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds) or
more. [2007 c 419 § 5.]
46.16.615
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.16.630 Moped registration. Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department
shall prescribe, and shall state the name and address of each
owner of the moped to be registered, the vehicle identification number, and such other information as the department
may require, and shall be accompanied by a registration fee
of thirty dollars. Upon receipt of the application and the
application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in
the manner as provided by rules adopted by the department.
The registration provided in this section shall be valid for a
period of twelve months.
Every owner of a moped in this state shall renew the registration, in such manner as the department shall prescribe,
for an additional period of twelve months, upon payment of a
renewal fee of thirty dollars.
Any person acquiring a moped already validly registered
must, within fifteen days of the acquisition or purchase of the
moped, make application to the department for transfer of the
registration, and the application shall be accompanied by a
transfer fee of five dollars.
46.16.630
(2008 Ed.)
Vehicle Licenses
The registration fees provided in this section shall be in
lieu of any personal property tax or the vehicle excise tax
imposed by chapter 82.44 RCW.
The department shall, at the time the registration number
is assigned, make available a decal or other identifying
device to be displayed on the moped. A fee of one dollar and
fifty cents shall be charged for the decal or other identifying
device.
The provisions of RCW 46.01.130 and 46.01.140 shall
apply to applications for the issuance of registration numbers
or renewals or transfers thereof for mopeds as they do to the
issuance of vehicle licenses, the appointment of agents, and
the collection of application fees. Except for the fee collected
pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund. [2002 c 352
§ 9; 1997 c 241 § 11; 1979 ex.s. c 213 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Drivers’ license, motorcycle endorsement, moped exemption: RCW
46.20.500.
Operation and safety standards for mopeds: RCW 46.61.710, 46.61.720.
46.16.640 Wheelchair conveyances. Wheelchair conveyances that are incapable of complying with RCW
46.37.340 shall be licensed in the manner provided for
mopeds in RCW 46.16.630. [1983 c 200 § 2.]
46.16.640
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.16.670 Boat trailers—Fee for freshwater aquatic
weeds account. In addition to any other fee required under
this chapter, boat trailers shall annually pay a fee of three dollars. The proceeds of this fee shall be deposited in the freshwater aquatic weeds account under RCW 43.21A.650. [1991
c 302 § 3.]
46.16.700
street rod if the vehicle is manufactured to have the same
appearance as a similar vehicle manufactured before 1949.
(6) For a manufactured new vehicle kit and a manufactured body kit, the model year of the vehicle is the year
reflected on the manufacturer’s certificate of origin for that
vehicle. If this is not available, the Washington state patrol
shall assign a model year at the time of inspection.
(7) The vehicle identification number (VIN) of a new
vehicle kit and body kit is the vehicle identification number
as reflected on the manufacturer’s certificate of origin. If the
VIN is not available, the Washington state patrol shall assign
a VIN at the time of inspection. [1996 c 225 § 10.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.685 License plate technology account. The
license plate technology account is created in the state treasury. All receipts collected under RCW 46.01.140(4)(e)(ii)
must be deposited into this account. Expenditures from this
account must support current and future license plate technology and systems integration upgrades for both the department
and correctional industries. Moneys in the account may be
spent only after appropriation. Additionally, the moneys in
this account may be used to reimburse the motor vehicle
account for any appropriation made to implement the digital
license plate system. During the 2007-2009 fiscal biennium,
the legislature may transfer from the license plate technology
account to the multimodal transportation account such
amounts as reflect the excess fund balance of the license plate
technology account. [2007 c 518 § 704; 2003 c 370 § 4.]
46.16.685
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
46.16.670
Effective date—1991 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991,
except section 3 of this act shall be effective for vehicle registrations that
expire August 31, 1992, and thereafter." [1991 c 302 § 6.]
Findings—1991 c 302: See note following RCW 43.21A.650.
46.16.680 Kit vehicles. All kit vehicles are licensed as
original transactions when first titled in Washington, and the
following provisions apply:
(1) The department of licensing shall charge original
licensing fees and issue new plates appropriate to the use
class.
(2) An inspection by the Washington state patrol is
required to determine the correct identification number, and
year or make if needed.
(3) The use class is the actual use of the vehicle, i.e. passenger car or truck.
(4) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. 48 Bradley GT, 57 MG, and must include the word
"replica."
(5) Upon payment of original licensing fees the department may license a kit vehicle under RCW 46.16.305(1) as a
46.16.680
(2008 Ed.)
46.16.690 License plate design services—Fee. The
department shall offer license plate design services to organizations that are sponsoring a new special license plate series
or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this
service, the department must work with the requesting organization in determining the specific qualities of the new plate
design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of two hundred dollars for providing license
plate design services. This fee includes one original license
plate design and up to five additional renditions of the original design. If the organization requests the department to
provide further renditions, in addition to the five renditions
provided for under the original fee, the department shall collect an additional fee of one hundred dollars per rendition.
All revenue collected under this section must be deposited
into the multimodal transportation account. [2005 c 210 § 6;
2003 c 361 § 502.]
46.16.690
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
46.16.700 Special license plates—Intent. The legislature has seen an increase in the demand from constituent
groups seeking recognition and funding through the establishment of commemorative or special license plates. The
high cost of implementing a new special license plate series
46.16.700
[Title 46 RCW—page 85]
46.16.705
Title 46 RCW: Motor Vehicles
coupled with the uncertainty of the state’s ability to recoup its
costs, has led the legislature to delay the implementation of
new special license plates. In order to address these issues, it
is the intent of the legislature to create a mechanism that will
allow for the evaluation of special license plate requests and
establish a funding policy that will alleviate the financial burden currently placed on the state. Using these two strategies,
the legislature will be better equipped to efficiently process
special license plate legislation. [2003 c 196 § 1.]
Part headings not law—2003 c 196: "Part headings used in this act are
not part of the law." [2003 c 196 § 601.]
46.16.705 Special license plate review board—Created. (1) The special license plate review board is created.
(2) The board will consist of seven members: One member appointed by the governor and who will serve as chair of
the board; four members of the legislature, one from each
caucus of the house of representatives and the senate; a
department of licensing representative appointed by the
director; and a Washington state patrol representative
appointed by the chief.
(3) Members shall serve terms of four years, except that
four of the members initially appointed will be appointed for
terms of two years. No member may be appointed for more
than three consecutive terms.
(4) The respective appointing authority may remove
members from the board before the expiration of their terms
only for cause based upon a determination of incapacity,
incompetence, neglect of duty, or malfeasance in office as
ordered by the Thurston county superior court, upon petition
and show cause proceedings brought for that purpose in that
court and directed to the board member in question. [2005 c
319 § 117; 2003 c 196 § 101.]
46.16.705
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.715 Board—Administration. (1) The board
shall meet periodically at the call of the chair, but must meet
at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may
adopt its own rules and may establish its own procedures. It
shall act collectively in harmony with recorded resolutions or
motions adopted by a majority vote of the members, and it
must have a quorum present to take a vote on a special license
plate application.
(2) The board will be compensated from the general
appropriation for the department of licensing in accordance
with RCW 43.03.250. Each board member will be compensated in accordance with RCW 43.03.250 and reimbursed for
actual necessary traveling and other expenses in going to,
attending, and returning from meetings of the board or that
are incurred in the discharge of duties requested by the chair.
However, in no event may a board member be compensated
in any year for more than one hundred twenty days, except
the chair may be compensated for not more than one hundred
fifty days. Service on the board does not qualify as a service
credit for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to
audit by the state auditor or other auditing entities.
46.16.715
[Title 46 RCW—page 86]
(4) The department of licensing shall provide administrative support to the board, which must include at least the
following:
(a) Provide general staffing to meet the administrative
needs of the board;
(b) Report to the board on the reimbursement status of
any new special license plate series for which the state had to
pay the start-up costs;
(c) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization;
(d) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate
series and present those reports to the board for review and
approval. [2005 c 319 § 118; 2003 c 196 § 102.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.725 Board—Powers and duties—Moratorium
on issuance of special plates. (1) The creation of the board
does not in any way preclude the authority of the legislature
to independently propose and enact special license plate legislation.
(2) The board must review and either approve or reject
special license plate applications submitted by sponsoring
organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by sponsoring organizations with active special
license plate series and present those annual financial reports
to the senate and house transportation committees;
(b) Report annually to the senate and house transportation committees on the special license plate applications that
were considered by the board;
(c) Issue approval and rejection notification letters to
sponsoring organizations, the department, the chairs of the
senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making
a determination on the status of an application;
(d) Review annually the number of plates sold for each
special license plate series created after January 1, 2003. The
board may submit a recommendation to discontinue a special
plate series to the chairs of the senate and house of representatives transportation committees;
(e) Provide policy guidance and directions to the department concerning the adoption of rules necessary to limit the
number of special license plates that an organization or a governmental entity may apply for.
(4) Except as provided in chapter 72, Laws of 2008, in
order to assess the effects and impact of the proliferation of
special license plates, the legislature declares a temporary
moratorium on the issuance of any additional plates until July
1, 2009. During this period of time, the special license plate
review board created in RCW 46.16.705 and the department
of licensing are prohibited from accepting, reviewing, processing, or approving any applications. Additionally, no spe46.16.725
(2008 Ed.)
Vehicle Licenses
cial license plate may be enacted by the legislature during the
moratorium, unless the proposed license plate has been
approved by the board before February 15, 2005. [2008 c 72
§ 2; 2007 c 518 § 711. Prior: 2005 c 319 § 119; 2005 c 210
§ 7; 2003 c 196 § 103.]
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.735 Special license plates—Sponsoring organization requirements. (1) For an organization to qualify for
a special license plate under the special license plate approval
program created in RCW 46.16.705 through 46.16.765, the
sponsoring organization must submit documentation in conjunction with the application to the department that verifies:
(a) That the organization is a nonprofit organization, as
defined in 26 U.S.C. Sec. 501(c)(3). The department may
request a copy of an Internal Revenue Service ruling to verify
an organization’s nonprofit status; and
(b) That the organization is located in Washington and
has registered as a charitable organization with the secretary
of state’s office as required by law.
(2) For a governmental body to qualify for a special
license plate under the special license plate approval program
created in RCW 46.16.705 through 46.16.765, a governmental body must be:
(a) A political subdivision, including but not limited to
any county, city, town, municipal corporation, or special purpose taxing district that has the express permission of the
political subdivision’s executive body to sponsor a special
license plate;
(b) A federally recognized tribal government that has
received the approval of the executive body of that government to sponsor a special license plate;
(c) A state agency that has received approval from the
director of the agency or the department head; or
(d) A community or technical college that has the
express permission of the college’s board of trustees to sponsor a special license plate. [2004 c 222 § 3; 2003 c 196 §
201.]
46.16.735
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.745 Special license plates—Application
requirements. (1) A sponsoring organization meeting the
requirements of RCW 46.16.735, applying for the creation of
a special license plate to the special license plate review
board must, on an application supplied by the department,
provide the minimum application requirements in subsection
(2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated
with the creation and implementation of the special license
plate in an amount determined by the department. The
department shall place this money into the special license
plate applicant trust account created under *RCW
46.16.755(4);
(b) Provide a proposed license plate design;
46.16.745
(2008 Ed.)
46.16.755
(c) Provide a marketing strategy outlining short and
long-term marketing plans for each special license plate and
a financial analysis outlining the anticipated revenue and the
planned expenditures of the revenues derived from the sale of
the special license plate;
(d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate;
(e) Provide proof of organizational qualifications as
determined by the department as provided for in RCW
46.16.735;
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate
and the number of plates each individual intends to purchase.
The sheets must reflect a minimum of three thousand five
hundred intended purchases of the special license plate.
(3) After an application is approved by the special
license plate review board, the application need not be
reviewed again by the board for a period of three years.
[2005 c 210 § 8; 2003 c 196 § 301.]
*Reviser’s note: The special license plate applicant trust account is
created in RCW 46.16.755(3).
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.755 Special license plates—Disposition of revenues. (1)(a) Revenues generated from the sale of special
license plates for those sponsoring organizations who used
the application process in *RCW 46.16.745(3) must be
deposited into the motor vehicle account until the department
determines that the state’s implementation costs have been
fully reimbursed. The department shall apply the application
fee required under *RCW 46.16.745(3)(a) towards those
costs.
(b) When it is determined that the state has been fully
reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring
organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.
(2) If reimbursement does not occur within two years
from the date the plate is first offered for sale to the public,
the special license plate series must be placed in probationary
status for a period of one year from that date. If the state is
still not fully reimbursed for its implementation costs after
the one-year probation, the plate series must be discontinued
immediately. Special plates issued before discontinuation
are valid until replaced under RCW 46.16.233.
(3) The special license plate applicant trust account is
created in the custody of the state treasurer. All receipts from
special license plate applicants, except the application fee as
provided in *RCW 46.16.745(3), must be deposited into the
account. Only the director of the department or the director’s
designee may authorize disbursements from the account. The
account is not subject to the allotment procedures under
chapter 43.88 RCW, nor is an appropriation required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license plate applicant trust account deposit, including,
but not limited to, the name and address of each special
46.16.755
[Title 46 RCW—page 87]
46.16.765
Title 46 RCW: Motor Vehicles
license plate applicant whose funds are being deposited, the
amount paid, and the date of the deposit.
(6) After the department receives written notice that the
special license plate applicant’s application has been:
(a) Approved by the legislature the director shall request
that the money be transferred to the motor vehicle account;
(b) Denied by the special license plate review board or
the legislature the director shall provide a refund to the applicant within thirty days; or
(c) Withdrawn by the special license plate applicant the
director shall provide a refund to the applicant within thirty
days. [2004 c 222 § 4; 2003 c 196 § 302.]
*Reviser’s note: RCW 46.16.745 was amended by 2005 c 210 § 8,
deleting subsection (3).
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.765 Special license plates—Continuing
requirements. (1) Within thirty days of legislative enactment of a new special license plate series for a qualifying
organization meeting the requirements of RCW
46.16.735(1), the department shall enter into a written agreement with the organization that sponsored the special license
plate. The agreement must identify the services to be performed by the sponsoring organization. The agreement must
be consistent with all applicable state law and include the following provision:
46.16.765
"No portion of any funds disbursed under the agreement
may be used, directly or indirectly, for any of the following
purposes:
(a) Attempting to influence: (i) The passage or defeat of
legislation by the legislature of the state of Washington, by a
county, city, town, or other political subdivision of the state
of Washington, or by the Congress; or (ii) the adoption or
rejection of a rule, standard, rate, or other legislative enactment of a state agency;
(b) Making contributions reportable under chapter 42.17
RCW; or
(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel,
lodging, meals, or entertainment to a public officer or
employee."
(2) The sponsoring organization must submit an annual
financial report by September 30th of each year to the department detailing actual revenues and expenditures of the revenues received from sales of the special license plate. Consistent with the agreement under subsection (1) of this section,
the sponsoring organization must expend the revenues generated from the sale of the special license plate series for the
benefit of the public, and it must be spent within this state.
Disbursement of the revenue generated from the sale of the
special license plate to the sponsoring organization is contingent upon the organization meeting all reporting and review
requirements as required by the department.
(3) If the sponsoring organization ceases to exist or the
purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates
must be deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
its plate series until all of the inventory is sold or purchased
by the organization itself. All cost for redesign of a plate
[Title 46 RCW—page 88]
series must be paid by the sponsoring organization. [2003 c
196 § 303.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.775 Special license plates—Nonreviewed
plates. (1) A special license plate series created by the legislature after January 1, 2004, that has not been reviewed and
approved by the special license plate review board is subject
to the following requirements:
(a) The organization sponsoring the license plate series
shall, within thirty days of enactment of the legislation creating the plate series, submit prepayment of all start-up costs
associated with the creation and implementation of the special license plate in an amount determined by the department.
The prepayment will be credited to the motor vehicle fund.
The creation and implementation of the plate series may not
commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can
demonstrate this fact to the satisfaction of the department, the
revenues generated from the sale of the special license plates
must be deposited in the motor vehicle account until the
department determines that the state’s portion of the implementation costs have been fully reimbursed. When it is
determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license plate design to the department within thirty
days of enactment of the legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new
plate series goes on sale to the public. If the reimbursement
does not occur within the two-year time frame, the special
license plate series must be placed in probationary status for
a period of one year from that date. If the state is still not
fully reimbursed for its implementation costs after the oneyear probation, the plate series must be discontinued immediately. Those plates issued before discontinuation are valid
until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the
purpose of the special plate series ceases to exist, revenues
generated from the sale of the special license plates must be
deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
their plate series until all of the existing inventory is sold or
purchased by the organization itself. All cost for redesign of
a plate series must be paid by the sponsoring organization.
[2003 c 196 § 304.]
46.16.775
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.900 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the amendatory act and the applicability thereof to persons
and circumstances shall not be affected thereby. [1973 1st
ex.s. c 132 § 24.]
46.16.900
(2008 Ed.)
Drivers’ Licenses—Identicards
Chapter 46.17
Chapter 46.17 RCW
VEHICLE WEIGHT FEES
Sections
46.17.010
46.17.020
Vehicle weight fee—Motor vehicles, except motor homes.
Vehicle weight fee—Motor homes.
46.17.010 Vehicle weight fee—Motor vehicles, except
motor homes. (1) There shall be paid and collected annually
for motor vehicles subject to the fee under RCW 46.16.0621,
except motor homes, a vehicle weight fee. The amount of the
fee shall be based upon the vehicle scale weight, which is correlated with vehicle size and roadway lane usage. Fees
imposed under this section must be used for transportation
purposes, and shall not be used for the general support of
state government. The vehicle weight fee shall be that portion of the fee as reflected on the scale weight set forth in
schedule B provided in RCW 46.16.070 that is in excess of
the fee imposed under RCW 46.16.0621. This fee is due at
the time of initial and renewal of vehicle registration.
(2) If the resultant weight according to this section is not
listed in schedule B provided in RCW 46.16.070, it shall be
increased to the next higher weight pursuant to chapter 46.44
RCW.
(3) For the purpose of administering this section, the
department shall rely on the vehicle empty scale weights as
provided by vehicle manufacturers, or other sources defined
by the department, to determine the weight of each vehicle.
The department shall adopt rules for determining weight for
vehicles without manufacturer empty scale weights.
(4) The vehicle weight fee under this section is imposed
to provide funds to mitigate the impact of vehicle loads on the
state roads and highways and is separate and distinct from
other vehicle license fees. Proceeds from the fee may be used
for transportation purposes, or for facilities and activities that
reduce the number of vehicles or load weights on the state
roads and highways.
(5) The vehicle weight fee collected under this section
shall be deposited as follows:
(a) On July 1, 2006, six million dollars shall be deposited
into the freight mobility multimodal account created in RCW
46.68.310, and the remainder collected from June 7, 2006,
through June 30, 2006, shall be deposited into the multimodal
transportation account;
(b) Beginning July 1, 2007, and every July 1st thereafter,
three million dollars shall be deposited into the freight mobility multimodal account created in RCW 46.68.310, and the
remainder shall be deposited into the multimodal transportation account. [2006 c 337 § 9; 2005 c 314 § 201.]
46.17.010
Effective dates—2005 c 314 §§ 110 and 201-206: "(1) Section 110 of
this act takes effect July 1, 2006.
(2) Sections 201 through 206 of this act take effect January 1, 2006."
[2005 c 314 § 403.]
Application—2005 c 314 §§ 201-206, 301, and 302: "Sections 201
through 206, 301, and 302 of this act apply to vehicle registrations that are
due or become due on or after January 1, 2006." [2005 c 314 § 402.]
Part headings not law—2005 c 314: "Part headings used in this act are
not part of the law." [2005 c 314 § 407.]
46.17.020 Vehicle weight fee—Motor homes. In addition to any other fees or charges, there shall be paid and collected annually for motor homes a vehicle weight fee of sev46.17.020
(2008 Ed.)
Chapter 46.20
enty-five dollars. This fee is due at the time of initial and
renewal of vehicle registration. The fee collected under this
section shall be deposited in the multimodal transportation
account. [2005 c 314 § 202.]
Effective dates—2005 c 314 §§ 110 and 201-206: See note following
RCW 46.17.010.
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.020.
Chapter 46.20
Chapter 46.20 RCW
DRIVERS’ LICENSES—IDENTICARDS
Sections
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
46.20.001
46.20.005
46.20.015
46.20.017
46.20.021
46.20.022
46.20.024
46.20.025
46.20.027
46.20.031
46.20.035
46.20.037
46.20.038
46.20.041
46.20.045
46.20.049
46.20.055
46.20.065
46.20.070
46.20.075
License required—Rights and restriction.
Driving without a license—Misdemeanor, when.
Driving without a license—Traffic infraction, when.
Immediate possession and displayed on demand.
New residents.
Unlicensed drivers—Subject to Title 46 RCW.
Unlawful to allow unauthorized minors to drive.
Exemptions.
Armed forces, dependents.
Ineligibility.
Proof of identity.
Biometric matching system—Administration—Exception.
Biometric matching system—Funding.
Persons with physical or mental disabilities or diseases.
School bus, for hire drivers—Age.
Commercial driver’s license—Additional fee, disposition.
Instruction permit.
Temporary permit.
Juvenile agricultural driving permit.
Intermediate license.
OBTAINING OR RENEWING A DRIVER’S LICENSE
46.20.091
46.20.0921
46.20.093
46.20.095
46.20.100
46.20.105
46.20.109
46.20.113
46.20.1131
46.20.114
46.20.117
46.20.118
46.20.119
46.20.120
46.20.125
46.20.126
46.20.130
46.20.153
46.20.155
46.20.157
46.20.161
46.20.181
46.20.185
46.20.187
46.20.191
46.20.1911
46.20.200
46.20.202
46.20.2021
46.20.205
Application—Penalty for false statement—Driving records
from and to other jurisdictions.
Violations—Penalty.
Bicycle safety.
Instructional publication information.
Persons under eighteen.
Identifying types of licenses and permits.
Wheelchair conveyances.
Anatomical gift statement.
Information for organ donor registry.
Preventing alteration or reproduction.
Identicards.
Negative file.
Reasonable rules.
Examinations—Waiver—Renewals—Fees.
Waiver—Agreement with other jurisdictions.
Rules.
Content and conduct of examinations.
Voter registration—Posting signs.
Voter registration—Services.
Data to department of information services—Confidentiality.
Issuance of license—Contents—Fee.
Expiration date—Renewal—Fees—Penalty.
Photograph during renewal.
Registration of sex offenders.
Compliance with federal REAL ID Act of 2005 requirements.
Costs and burdens of compliance with federal REAL ID Act of
2005 requirements—Legal challenge.
Lost, destroyed, corrected licenses or permits.
Enhanced drivers’ licenses and identicards for Canadian border crossing—Border-crossing initiative.
Statewide education campaign for border-crossing initiative.
Change of address or name.
RESTRICTING THE DRIVING PRIVILEGE
46.20.207
46.20.215
46.20.220
Cancellation.
Nonresidents—Suspension or revocation—Reporting offenders.
Vehicle rentals—Records.
[Title 46 RCW—page 89]
46.20.001
46.20.245
46.20.265
46.20.267
46.20.270
46.20.285
46.20.286
46.20.289
46.20.291
46.20.292
46.20.293
46.20.300
46.20.305
46.20.308
46.20.3101
46.20.311
46.20.315
46.20.317
46.20.320
Title 46 RCW: Motor Vehicles
Mandatory revocation—Notice—Administrative, judicial
review—Rules—Application.
Juvenile driving privileges—Revocation for alcohol or drug
violations.
Intermediate licensees.
Conviction of offense requiring withholding driving privilege—Procedures—Definitions.
Offenses requiring revocation.
Adoption of procedures.
Suspension for failure to respond, appear, etc.
Authority to suspend—Grounds.
Finding of juvenile court officer.
Minor’s record to juvenile court, parents, or guardians.
Extraterritorial convictions.
Incompetent, unqualified driver—Reexamination—Physician’s certificate—Action by department.
Implied consent—Test refusal—Procedures.
Implied consent—License sanctions, length of.
Duration of license sanctions—Reissuance or renewal.
Surrender of license.
Unlicensed drivers.
Suspension, etc., effective although certificate not delivered.
DRIVER IMPROVEMENT
46.20.322
46.20.323
46.20.324
46.20.325
46.20.326
46.20.327
46.20.328
46.20.329
46.20.331
46.20.332
46.20.333
46.20.334
46.20.335
Interview before suspension, etc.—Exceptions—Appearance
of minor’s parent or guardian.
Notice of interview—Contents.
Persons not entitled to interview or hearing.
Suspension or probation before interview—Alternative procedure.
Failure to appear or request interview constitutes waiver—
Procedure.
Conduct of interview—Referee—Evidence—Not deemed
hearing.
Findings and notification after interview—Request for formal
hearing.
Formal hearing—Procedures, notice, stay.
Hearing and decision by director’s designee.
Formal hearing—Evidence—Subpoenas—Reexamination—
Findings and recommendations.
Decision after formal hearing.
Appeal to superior court.
Probation in lieu of suspension or revocation.
DRIVING OR USING LICENSE WHILE SUSPENDED OR REVOKED
46.20.338
46.20.342
46.20.345
46.20.349
46.20.355
Display or possession of invalidated license or identicard.
Driving while license invalidated—Penalties—Extension of
invalidation.
Operation under other license or permit while license suspended or revoked—Penalty.
Stopping vehicle of suspended or revoked driver.
Alcohol violator—Probationary license.
IGNITION INTERLOCK, TEMPORARY RESTRICTED,
OCCUPATIONAL LICENSES
46.20.380
46.20.385
46.20.391
46.20.394
46.20.400
46.20.410
Fee.
Ignition interlock driver’s license—Application—Eligibility—Cancellation—Costs—Rules.
Application—Eligibility—Restrictions—Cancellation.
Detailed restrictions—Violation.
Obtaining new driver’s license—Surrender of order and current license.
Penalty.
MOTORCYCLES
46.20.500
46.20.505
46.20.510
46.20.515
46.20.520
Special endorsement—Exceptions.
Special endorsement fees.
Instruction permit—Fee.
Examination—Emphasis—Waiver.
Training and education program—Advisory board.
ALCOHOL DETECTION DEVICES
46.20.710
46.20.720
46.20.740
46.20.745
46.20.750
Legislative finding.
Drivers convicted of alcohol offenses.
Notation on driving record—Verification of interlock—Penalty.
Ignition interlock device revolving account program—Pilot
program.
Circumventing ignition interlock—Penalty.
MISCELLANEOUS
46.20.900
Repeal and saving.
[Title 46 RCW—page 90]
46.20.910
46.20.911
Severability—1965 ex.s. c 121.
Severability, implied consent law—1969 c 1.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Allowing unauthorized person to drive—Penalty: RCW 46.16.011.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
46.20.001 License required—Rights and restriction.
(1) No person may drive a motor vehicle upon a highway in
this state without first obtaining a valid driver’s license
issued to Washington residents under this chapter. The only
exceptions to this requirement are those expressly allowed by
RCW 46.20.025.
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this
state;
(b) May not be required by a political subdivision to
obtain any other license to exercise the privilege; and
(c) May not have more than one valid driver’s license at
any time. [1999 c 6 § 3.]
46.20.001
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.005 Driving without a license—Misdemeanor,
when. Except as expressly exempted by this chapter, it is a
misdemeanor for a person to drive any motor vehicle upon a
highway in this state without a valid driver’s license issued to
Washington residents under this chapter. This section does
not apply if at the time of the stop the person is not in violation of RCW 46.20.342(1) or *46.20.420 and has in his or her
possession an expired driver’s license or other valid identifying documentation under RCW 46.20.035. A violation of this
section is a lesser included offense within the offenses
described in RCW 46.20.342(1) or *46.20.420. [1997 c 66 §
1.]
46.20.005
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
46.20.015 Driving without a license—Traffic infraction, when. (1) Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under
RCW 46.20.005 if a person:
(a) Drives any motor vehicle upon a highway in this state
without a valid driver’s license issued to Washington residents under this chapter in his or her possession;
(b) Provides the citing officer with an expired driver’s
license or other valid identifying documentation under RCW
46.20.035 at the time of the stop; and
(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or *46.20.420.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he
or she obtained a valid license after being cited, the court
shall reduce the penalty to fifty dollars. [1999 c 6 § 4; 1997 c
66 § 2.]
46.20.015
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
(2008 Ed.)
Drivers’ Licenses—Identicards
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.025
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.017 Immediate possession and displayed on
demand. Every licensee shall have his driver’s license in his
immediate possession at all times when operating a motor
vehicle and shall display the same upon demand to any police
officer or to any other person when and if required by law to
do so. The offense described in this section is a nonmoving
offense. [1979 ex.s. c 136 § 56; 1965 ex.s. c 121 § 15; 1961
c 12 § 46.20.190. Prior: 1937 c 188 § 59; RRS § 6312-59;
1921 c 108 § 7, part; RRS § 6369, part. Formerly RCW
46.20.190.]
Purpose—Construction—1965 ex.s. c 121: "With the advent of
greatly increased interstate vehicular travel and the migration of motorists
between the states, the legislature recognizes the necessity of enacting driver
licensing laws which are reasonably uniform with the laws of other states
and are at the same time based upon sound, realistic principles, stated in clear
explicit language. To achieve these ends the legislature does hereby adopt
this 1965 amendatory act relating to driver licensing modeled after the Uniform Vehicle Code subject to such variances as are deemed better suited to
the people of this state. It is intended that this 1965 amendatory act be liberally construed to effectuate the purpose of improving the safety of our highways through driver licensing procedures within the framework of the traditional freedoms to which every motorist is entitled." [1965 ex.s. c 121 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.022 Unlicensed drivers—Subject to Title 46
RCW. Any person who operates a motor vehicle on the public highways of this state without a driver’s license or nonresident privilege to drive shall be subject to all of the provisions
of Title 46 RCW to the same extent as a person who is
licensed. [1975-’76 2nd ex.s. c 29 § 1.]
46.20.017
Driver’s license, duty to display under other circumstances: RCW
46.52.020, 46.61.020, 46.61.021.
46.20.021 New residents. (1) New Washington residents must obtain a valid Washington driver’s license within
thirty days from the date they become residents.
(2) To qualify for a Washington driver’s license, a person must surrender to the department all valid driver’s
licenses that any other jurisdiction has issued to him or her.
The department must invalidate the surrendered photograph
license and may return it to the person.
(a) The invalidated license, along with a valid temporary
Washington driver’s license provided for in RCW 46.20.065,
is proper identification.
(b) The department shall notify the previous issuing
department that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver’s license,
a resident is a person who manifests an intent to live or be
located in this state on more than a temporary or transient
basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring residency for the purpose of obtaining a
state license or tuition fees at resident rates.
(4)(a) "Washington public assistance programs" means
public assistance programs that receive more than fifty percent of the combined costs of benefits and administration
from state funds.
(b) "Washington public assistance programs" does not
include:
(i) The Food Stamp program under the federal Food
Stamp Act of 1964;
(ii) Programs under the Child Nutrition Act of 1966, 42
U.S.C. Secs. 1771 through 1788;
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria of
(a) of this subsection. [1999 c 6 § 5. Prior: 1997 c 66 § 3;
1997 c 59 § 8; 1996 c 307 § 5; prior: 1991 c 293 § 3; 1991 c
73 § 1; 1990 c 250 § 33; 1988 c 88 § 1; 1985 c 302 § 2; 1979
ex.s. c 136 § 53; 1965 ex.s. c 121 § 2.]
46.20.021
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
(2008 Ed.)
46.20.022
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
46.20.024 Unlawful to allow unauthorized minors to
drive. No person shall cause or knowingly permit his child
or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized
hereunder or in violation of any of the provisions of this
chapter. [1965 ex.s. c 121 § 44. Formerly RCW 46.20.343.]
46.20.024
46.20.025 Exemptions. The following persons may
operate a motor vehicle on a Washington highway without a
valid Washington driver’s license:
(1) A member of the United States Army, Navy, Air
Force, Marine Corps, or Coast Guard, or in the service of the
National Guard of this state or any other state, if licensed by
the military to operate an official motor vehicle in such service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and has immediate possession of
a valid driver’s license issued to the driver by his or her home
state; or
(b) Fifteen years of age with:
(i) A valid instruction permit issued to the driver by his
or her home state; and
(ii) A licensed driver who has had at least five years of
driving experience occupying a seat beside the driver; or
(c) Sixteen years of age and has immediate possession of
a valid driver’s license issued to the driver by his or her home
country. A nonresident driver may operate a motor vehicle in
this state under this subsection (2)(c) for up to one year;
(3) Any person operating special highway construction
equipment as defined in RCW 46.16.010;
(4) Any person while driving or operating any farm tractor or implement of husbandry that is only incidentally operated or moved over a highway; or
(5) An operator of a locomotive upon rails, including a
railroad crossing over a public highway. A locomotive operator is not required to display a driver’s license to any law
enforcement officer in connection with the operation of a
locomotive or train within this state. [1999 c 6 § 6; 1993 c
148 § 1; 1979 c 75 § 1; 1965 ex.s. c 121 § 3.]
46.20.025
Intent—1999 c 6: See note following RCW 46.04.168.
[Title 46 RCW—page 91]
46.20.027
Title 46 RCW: Motor Vehicles
46.20.027 Armed forces, dependents. A Washington
state motor vehicle driver’s license issued to any service
member if valid and in force and effect while such person is
serving in the armed forces, shall remain in full force and
effect so long as such service continues unless the same is
sooner suspended, canceled, or revoked for cause as provided
by law and for not to exceed ninety days following the date
on which the holder of such driver’s license is honorably separated from service in the armed forces of the United States.
A Washington state driver’s license issued to the spouse or
dependent child of such service member likewise remains in
full force and effect if the person is residing with the service
member.
For purposes of this section, "service member" means
every person serving in the armed forces whose branch of
service as of the date of application for the driver’s license is
included in the definition of veteran pursuant to RCW
41.04.007 or the person will meet the definition of veteran at
the time of discharge. [2002 c 292 § 3; 1999 c 199 § 1; 1967
c 129 § 1.]
46.20.027
Effective date—1999 c 199: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 199 § 5.]
46.20.031 Ineligibility. The department shall not issue
a driver’s license to a person:
(1) Who is under the age of sixteen years;
(2) Whose driving privilege has been withheld unless
and until the department may authorize the driving privilege
under RCW 46.20.311;
(3) Who has been classified as an alcoholic, drug addict,
alcohol abuser, or drug abuser by a program approved by the
department of social and health services. The department
may, however, issue a license if the person:
(a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
(b) Is satisfactorily participating in or has successfully
completed an alcohol or drug abuse treatment program
approved by the department of social and health services and
has established control of his or her alcohol or drug abuse
problem;
(4) Who has previously been adjudged to be mentally ill
or insane, or to be incompetent due to a mental disability or
disease. The department shall, however, issue a license to the
person if he or she otherwise qualifies and:
(a) Has been restored to competency by the methods provided by law; or
(b) The superior court finds the person able to operate a
motor vehicle with safety upon the highways during such
incompetency;
(5) Who has not passed the driver’s licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
(6) Who is required under the laws of this state to deposit
proof of financial responsibility and who has not deposited
such proof;
(7) Who is unable to safely operate a motor vehicle upon
the highways due to a physical or mental disability. The
department’s conclusion that a person is barred from licensing under this subsection must be reasonable and be based
46.20.031
[Title 46 RCW—page 92]
upon good and substantial evidence. This determination is
subject to review by a court of competent jurisdiction. [2002
c 279 § 3; 1999 c 6 § 7; 1995 c 219 § 1; 1993 c 501 § 2; 1985
c 101 § 1; 1977 ex.s. c 162 § 1; 1965 ex.s. c 121 § 4.]
Intent—1999 c 6: See note following RCW 46.04.168.
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
46.20.035 Proof of identity. The department may not
issue an identicard or a Washington state driver’s license that
is valid for identification purposes unless the applicant meets
the identification requirements of subsection (1), (2), or (3) of
this section.
(1) A driver’s license or identicard applicant must provide the department with at least one of the following pieces
of valid identifying documentation that contains the signature
and a photograph of the applicant:
(a) A valid or recently expired driver’s license or instruction permit that includes the date of birth of the applicant;
(b) A Washington state identicard or an identification
card issued by another state;
(c) An identification card issued by the United States, a
state, or an agency of either the United States or a state, of a
kind commonly used to identify the members or employees
of the government agency;
(d) A military identification card;
(e) A United States passport; or
(f) An Immigration and Naturalization Service form.
(2) An applicant who is a minor may establish identity
by providing an affidavit of the applicant’s parent or guardian. The parent or guardian must accompany the minor and
display or provide:
(a) At least one piece of documentation in subsection (1)
of this section establishing the identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
(3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may
request that the department review other available documentation in order to ascertain identity. The department may
waive the requirement if it finds that other documentation
clearly establishes the identity of the applicant. Notwithstanding the requirements in subsection (2) of this section,
the department shall issue an identicard to an applicant for
whom it receives documentation pursuant to RCW
74.13.283.
(4) An identicard or a driver’s license that includes a
photograph that has been renewed by mail or by electronic
commerce is valid for identification purposes if the applicant
met the identification requirements of subsection (1), (2), or
(3) of this section at the time of previous issuance.
(5) The form of an applicant’s name, as established
under this section, is the person’s name of record for the purposes of this chapter.
(6) If the applicant is unable to prove his or her identity
under this section, the department shall plainly label the
license "not valid for identification purposes." [2008 c 267 §
8; 2004 c 249 § 2; 1999 c 6 § 8; 1998 c 41 § 10; 1993 c 452 §
1.]
46.20.035
(2008 Ed.)
Drivers’ Licenses—Identicards
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
46.20.037 Biometric matching system—Administration—Exception. (1) No later than two years after full
implementation of the provisions of Title II of P.L. 109-13,
improved security for driver’s licenses and personal identification cards (Real ID), as passed by Congress May 10, 2005,
the department shall implement a voluntary biometric matching system for driver’s licenses and identicards. A biometric
matching system shall be used only to verify the identity of
an applicant for a renewal or duplicate driver’s license or
identicard by matching a biometric identifier submitted by
the applicant against the biometric identifier submitted when
the license was last issued. This project requires a full review
by the information services board using the criteria for
projects of the highest visibility and risk.
(2) Any biometric matching system selected by the
department shall be capable of highly accurate matching, and
shall be compliant with biometric standards established by
the American association of motor vehicle administrators.
(3) The biometric matching system selected by the
department must incorporate a process that allows the owner
of a driver’s license or identicard to present a personal identification number or other code along with the driver’s license
or identicard before the information may be verified by a
third party, including a governmental entity.
(4) Upon the establishment of a biometric driver’s
license and identicard system as described in this section, the
department shall allow every person applying for an original,
renewal, or duplicate driver’s license or identicard to voluntarily submit a biometric identifier. Each applicant shall be
informed of all ways in which the biometric identifier may be
used, all parties to whom the identifier may be disclosed and
the conditions of disclosure, the expected error rates for the
biometric matching system which shall be regularly updated
as the technology changes or empirical data is collected, and
the potential consequences of those errors. The department
shall adopt rules to allow applicants to verify the accuracy of
the system at the time that biometric information is submitted, including the use of at least two separate devices.
(5) The department may not disclose biometric information to the public or any governmental entity except when
authorized by court order.
(6) All biometric information shall be stored with appropriate safeguards, including but not limited to encryption.
(7) The department shall develop procedures to handle
instances in which the biometric matching system fails to
verify the identity of an applicant for a renewal or duplicate
driver’s license or identicard. These procedures shall allow
an applicant to prove identity without using a biometric identifier.
(8) Any person who has voluntarily submitted a biometric identifier may choose to discontinue participation in the
biometric matching program at any time, provided that the
department utilizes a secure procedure to prevent fraudulent
requests for a renewal or duplicate driver’s license or identicard. When the person discontinues participation, any previously collected biometric information shall be destroyed.
46.20.037
(2008 Ed.)
46.20.041
(9) This section does not apply when an applicant renews
his or her driver’s license or identicard by mail or electronic
commerce. [2006 c 292 § 1; 2004 c 273 § 3.]
Finding—Purpose—Effective date—2004 c 273: See notes following
RCW 9.35.020.
46.20.038 Biometric matching system—Funding. (1)
The department is authorized to charge persons opting to submit a biometric identifier under RCW 46.20.037 an additional fee of no more than two dollars at the time of application for an original, renewal, or duplicate driver’s license or
identicard issued by the department. This fee shall be used
exclusively to defray the cost of implementation and ongoing
operation of a biometric security system.
(2) The biometric security account is created in the state
treasury. All receipts from subsection (1) of this section shall
be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account must be used only for the purpose of defraying the
cost of implementation and ongoing operation of a biometric
security system. [2004 c 273 § 4.]
46.20.038
Finding—Purpose—Effective date—2004 c 273: See notes following
RCW 9.35.020.
46.20.041 Persons with physical or mental disabilities or diseases. (1) If the department has reason to believe
that a person is suffering from a physical or mental disability
or disease that may affect that person’s ability to drive a
motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the
evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease
he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a
statement signed by a licensed physician or other proper
authority designated by the department certifying the person’s condition.
(i) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other
public officials designated by law. It is exempt from public
inspection and copying notwithstanding chapter 42.56 RCW.
(ii) The statement may not be offered as evidence in any
court except when appeal is taken from the order of the director canceling or withholding a person’s driving privilege.
However, the department may make the statement available
to the director of the department of retirement systems for use
in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any
administrative proceeding or court action concerning the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver’s license to the person without
restrictions;
(b) Cancel or withhold the driving privilege from the
person; or
(c) Issue a restricted driver’s license to the person. The
restrictions must be suitable to the licensee’s driving ability.
The restrictions may include:
(i) Special mechanical control devices on the motor vehicle operated by the licensee;
46.20.041
[Title 46 RCW—page 93]
46.20.045
Title 46 RCW: Motor Vehicles
(ii) Limitations on the type of motor vehicle that the licensee may operate; or
(iii) Other restrictions determined by the department to
be appropriate to assure the licensee’s safe operation of a
motor vehicle.
(3) The department may either issue a special restricted
license or may set forth the restrictions upon the usual license
form.
(4) The department may suspend or revoke a restricted
license upon receiving satisfactory evidence of any violation
of the restrictions. In that event the licensee is entitled to a
driver improvement interview and a hearing as provided by
RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.
[2005 c 274 § 306; 1999 c 274 § 12; 1999 c 6 § 9; 1986 c 176
§ 1; 1979 ex.s. c 136 § 54; 1979 c 61 § 2; 1965 ex.s. c 121 §
5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.045 School bus, for hire drivers—Age. A person who is under the age of eighteen years shall not drive:
(1) A school bus transporting school children; or
(2) A motor vehicle transporting persons for compensation. [1999 c 6 § 10; 1971 ex.s. c 292 § 43; 1965 ex.s. c 121
§ 6.]
46.20.045
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.049 Commercial driver’s license—Additional
fee, disposition. There shall be an additional fee for issuing
any class of commercial driver’s license in addition to the
prescribed fee required for the issuance of the original
driver’s license. The additional fee for each class shall be
thirty dollars for the original commercial driver’s license or
subsequent renewals. If the commercial driver’s license is
renewed or extended for a period other than five years, the fee
for each class shall be six dollars for each year that the commercial driver’s license is renewed or extended. The fee shall
be deposited in the highway safety fund. [2005 c 314 § 309;
1999 c 308 § 4; 1989 c 178 § 21; 1985 ex.s. c 1 § 7; 1969 ex.s.
c 68 § 3; 1967 ex.s. c 20 § 4. Formerly RCW 46.20.470.]
46.20.049
driving test, provided the information required by RCW
46.20.091, paid a fee of twenty dollars, and meets the following requirements:
(a) Is at least fifteen and one-half years of age; or
(b) Is at least fifteen years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program
offered, approved, and accredited by the superintendent of
public instruction or offered by a driver training school
licensed and inspected by the department of licensing under
chapter 46.82 RCW, that includes practice driving.
(2) Waiver of written examination for instruction
permit. The department may waive the written examination,
if, at the time of application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW
28A.220.020(2); or
(b) A course of instruction offered by a licensed driver
training school as defined by RCW 46.82.280(4).
The department may require proof of registration in such
a course as it deems necessary.
(3) Effect of instruction permit. A person holding a
driver’s instruction permit may drive a motor vehicle, other
than a motorcycle, upon the public highways if:
(a) The person has immediate possession of the permit;
and
(b) An approved instructor, or a licensed driver with at
least five years of driving experience, occupies the seat
beside the driver.
(4) Term of instruction permit. A driver’s instruction
permit is valid for one year from the date of issue.
(a) The department may issue one additional one-year
permit.
(b) The department may issue a third driver’s permit if it
finds after an investigation that the permittee is diligently
seeking to improve driving proficiency.
(c) A person applying to renew an instruction permit
must submit the application to the department in person.
[2006 c 219 § 14; 2005 c 314 § 303; 2004 c 249 § 3. Prior:
2002 c 352 § 10; 2002 c 195 § 2; 1999 c 274 § 13; 1999 c 6 §
11; 1990 c 250 § 34; 1986 c 17 § 1; 1985 c 234 § 1; 1981 c
260 § 10; prior: 1979 c 63 § 1; 1979 c 61 § 3; 1969 ex.s. c 218
§ 8; 1965 ex.s. c 121 § 7.]
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.065 Temporary permit. (1) If the department is
completing an investigation and determination of facts concerning an applicant’s right to receive a driver’s license, it
may issue a temporary driver’s permit to the applicant.
(2) A temporary driver’s permit authorizes the permittee
to drive a motor vehicle for up to sixty days. The permittee
must have immediate possession of the permit while driving
a motor vehicle.
46.20.065
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1967 ex.s. c 20: "Sections 1, 3, and 4 of this amendatory act shall be effective January 1, 1968." [1967 ex.s. c 20 § 5.]
46.20.055 Instruction permit. (1) Driver’s instruction permit. The department may issue a driver’s instruction
permit with or without a photograph to an applicant who has
successfully passed all parts of the examination other than the
46.20.055
[Title 46 RCW—page 94]
(2008 Ed.)
Drivers’ Licenses—Identicards
(3) A temporary driver’s permit is invalid if the department has issued a license to the permittee or refused to issue
a license to the permittee for good cause. [1999 c 6 § 12.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.070 Juvenile agricultural driving permit. (1)
Agricultural driving permit authorized. The director may
issue a juvenile agricultural driving permit to a person under
the age of eighteen years if:
(a) The application is signed by the applicant and the
applicant’s father, mother, or legal guardian;
(b) The applicant has passed the driving examination
required by RCW 46.20.120;
(c) The department has investigated the applicant’s need
for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself
or herself or other persons and property; and
(e) The applicant has paid a fee of twenty dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this
state in connection with farm work. The holder may drive
only within a restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a traffic safety
education course authorized under RCW 28A.220.030 or the
classroom portion of a traffic safety education course offered
by a driver training school licensed and inspected by the
department of licensing under chapter 46.82 RCW offered in
the community where the holder resides.
(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit.
An agricultural driving permit expires one year from the date
of issue.
(a) A person under the age of eighteen who holds a permit may renew the permit by paying a fee of fifteen dollars.
(b) A person applying to renew an agricultural driving
permit must submit the application to the department in person.
(c) An agricultural driving permit is invalidated when a
permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle
driver’s license under this chapter.
(4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile
agricultural driving permit if:
(a) The permittee has been found to have committed an
offense that requires mandatory suspension or revocation of a
driver’s license; or
(b) The director is satisfied that the permittee has violated the permit’s restrictions. [2005 c 314 § 304; 2004 c 249
§ 4. Prior: 2002 c 352 § 11; 2002 c 195 § 3; 1999 c 6 § 13;
1997 c 82 § 1; 1985 ex.s. c 1 § 1; 1979 c 61 § 4; 1969 ex.s. c
218 § 9; 1969 ex.s. c 170 § 12; 1967 c 32 § 27; 1963 c 39 § 9;
1961 c 12 § 46.20.070; prior: 1947 c 158 § 1, part; 1937 c
188 § 45, part; Rem. Supp. 1947 § 6312-45, part.]
46.20.070
(2008 Ed.)
46.20.075
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 ex.s. c 1 § 14.]
46.20.075 Intermediate license. (1) An intermediate
license authorizes the holder to drive a motor vehicle under
the conditions specified in this section. An applicant for an
intermediate license must be at least sixteen years of age and:
(a) Have possessed a valid instruction permit for a period
of not less than six months;
(b) Have passed a driver licensing examination administered by the department;
(c) Have passed a course of driver’s education in accordance with the standards established in RCW 46.20.100;
(d) Present certification by his or her parent, guardian, or
employer to the department stating (i) that the applicant has
had at least fifty hours of driving experience, ten of which
were at night, during which the driver was supervised by a
person at least twenty-one years of age who has had a valid
driver’s license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited
for a traffic violation that is pending at the time of the application for the intermediate license;
(e) Not have been convicted of or found to have committed a traffic violation within the last six months before the
application for the intermediate license; and
(f) Not have been adjudicated for an offense involving
the use of alcohol or drugs during the period the applicant
held an instruction permit.
(2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of
age, whichever occurs first, the holder of the license may not
operate a motor vehicle that is carrying any passengers under
the age of twenty who are not members of the holder’s immediate family as defined in RCW 42.17.020. For the remaining
period of the intermediate license, the holder may not operate
a motor vehicle that is carrying more than three passengers
who are under the age of twenty who are not members of the
holder’s immediate family.
(3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m.
except when the holder is accompanied by a parent, guardian,
or a licensed driver who is at least twenty-five years of age.
(4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the
restrictions imposed under this section.
(5) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance
or some other offense.
(6) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if
necessary for agricultural purposes.
46.20.075
[Title 46 RCW—page 95]
46.20.091
Title 46 RCW: Motor Vehicles
(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if,
for the twelve-month period following the issuance of the
intermediate license, he or she:
(a) Has not been involved in an automobile accident; and
(b) Has not been convicted or found to have committed a
traffic offense described in chapter 46.61 RCW or violated
restrictions placed on an intermediate licensee under this section. [2000 c 115 § 2.]
(4) Driving records to other jurisdictions. If another
jurisdiction requests a copy of a person’s Washington
driver’s record, the department shall provide a copy of the
record. The department shall forward the record without
charge if the other jurisdiction extends the same privilege to
the state of Washington. Otherwise the department shall
charge a reasonable fee for transmittal of the record. [2000 c
115 § 4; 1999 c 6 § 14; 1998 c 41 § 11; 1996 c 287 § 5; 1990
c 250 § 35; 1985 ex.s. c 1 § 2; 1979 c 63 § 2; 1965 ex.s. c 121
§ 8.]
Finding—2000 c 115: "The legislature has recognized the need to
develop a graduated licensing system in light of the disproportionately high
incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby
reducing the number of vehicle crashes." [2000 c 115 § 1.]
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Effective date—2000 c 115 §§ 1-10: "Sections 1 through 10 of this act
take effect July 1, 2001." [2000 c 115 § 14.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Finding—2000 c 115: See note following RCW 46.20.075.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
OBTAINING OR RENEWING A DRIVER’S LICENSE
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Social Security number: RCW 26.23.150.
46.20.091 Application—Penalty for false statement—Driving records from and to other jurisdictions.
(1) Application. In order to apply for a driver’s license or
instruction permit the applicant must provide his or her:
(a) Name of record, as established by documentation
required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence
of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a
driver or chauffeur and, if so, (A) when and by what state or
country; (B) whether the license has ever been suspended or
revoked; and (C) the date of and reason for the suspension or
revocation; or
(ii) Whether the applicant’s application to another state
or country for a driver’s license has ever been refused and, if
so, the date of and reason for the refusal; and
(g) Any additional information required by the department.
(2) Sworn statement. An application for an instruction
permit or for an original driver’s license must be made upon
a form provided by the department. The form must include a
section for the applicant to indicate whether he or she has
received driver training and, if so, where. The identifying
documentation verifying the name of record must be accompanied by the applicant’s written statement that it is valid.
The information provided on the form must be sworn to and
signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an
application for a driver’s license or instruction permit is
guilty of false swearing, a gross misdemeanor, under RCW
9A.72.040.
(3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a
Washington driver’s license, the department shall request a
copy of the applicant’s driver’s record from the other jurisdiction. The driving record from the other jurisdiction
becomes a part of the driver’s record in this state.
46.20.091
[Title 46 RCW—page 96]
46.20.0921 Violations—Penalty. (1) It is a misdemeanor for any person:
(a) To display or cause or permit to be displayed or have
in his or her possession any fictitious or fraudulently altered
driver’s license or identicard;
(b) To lend his or her driver’s license or identicard to any
other person or knowingly permit the use thereof by another;
(c) To display or represent as one’s own any driver’s
license or identicard not issued to him or her;
(d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver’s license or identicard which has been suspended, revoked or canceled;
(e) To use a false or fictitious name in any application for
a driver’s license or identicard or to knowingly make a false
statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
(f) To permit any unlawful use of a driver’s license or
identicard issued to him or her.
(2) It is a class C felony for any person to sell or deliver
a stolen driver’s license or identicard.
(3) It is unlawful for any person to manufacture, sell, or
deliver a forged, fictitious, counterfeit, fraudulently altered,
or unlawfully issued driver’s license or identicard, or to manufacture, sell, or deliver a blank driver’s license or identicard
except under the direction of the department. A violation of
this subsection is:
(a) A class C felony if committed (i) for financial gain or
(ii) with intent to commit forgery, theft, or identity theft; or
(b) A gross misdemeanor if the conduct does not violate
(a) of this subsection.
(4) Notwithstanding subsection (3) of this section, it is a
misdemeanor for any person under the age of twenty-one to
manufacture or deliver fewer than four forged, fictitious,
counterfeit, or fraudulently altered driver’s licenses or identicards for the sole purpose of misrepresenting a person’s age.
(5) In a proceeding under subsection (2), (3), or (4) of
this section that is related to an identity theft under RCW
9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in
46.20.0921
(2008 Ed.)
Drivers’ Licenses—Identicards
which any part of the offense took place, regardless of
whether the defendant was ever actually in that locality.
[2003 c 214 § 1; 1990 c 210 § 3; 1981 c 92 § 1; 1965 ex.s. c
121 § 41. Formerly RCW 46.20.336.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.093 Bicycle safety. The department of licensing
shall incorporate a section on bicycle safety and sharing the
road into its instructional publications for drivers and shall
include questions in the written portion of the driver’s license
examination on bicycle safety and sharing the road with bicycles. [1998 c 165 § 4.]
46.20.093
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.095 Instructional publication information. The
department’s instructional publications for drivers must
include information on:
(1) The proper use of the left-hand lane by motor vehicles on multilane highways; and
(2) Bicyclists’ and pedestrians’ rights and responsibilities. [1999 c 6 § 15; 1998 c 165 § 5; 1986 c 93 § 3.]
46.20.095
Intent—1999 c 6: See note following RCW 46.04.168.
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
46.20.100 Persons under eighteen. (1) Application.
The application of a person under the age of eighteen years
for a driver’s license or a motorcycle endorsement must be
signed by a parent or guardian with custody of the minor. If
the person under the age of eighteen has no father, mother, or
guardian, then the application must be signed by the minor’s
employer.
(2) Traffic safety education requirement. For a person
under the age of eighteen years to obtain a driver’s license he
or she must meet the traffic safety education requirements of
this subsection.
(a) To meet the traffic safety education requirement for a
driver’s license the applicant must satisfactorily complete a
traffic safety education course as defined in RCW
28A.220.020 for a course offered by a school district, or as
defined by the department of licensing for a course offered by
a driver training school licensed under chapter 46.82 RCW.
The course offered by a school district or an approved private
school must meet the standards established by the office of
the state superintendent of public instruction. The course
offered by a driver training school must meet the standards
established by the department of licensing with the advice of
the driver instructors’ advisory committee, pursuant to RCW
46.82.300. The traffic safety education course may be provided by:
(i) A recognized secondary school; or
(ii) A driver training school licensed under chapter 46.82
RCW that is annually approved by the department of licensing.
(b) To meet the traffic safety education requirement for a
motorcycle endorsement, the applicant must successfully
complete a motorcycle safety education course that meets the
standards established by the department of licensing.
46.20.109
(c) The department may waive the traffic safety education requirement for a driver’s license if the applicant demonstrates to the department’s satisfaction that:
(i) He or she was unable to take or complete a traffic
safety education course;
(ii) A need exists for the applicant to operate a motor
vehicle; and
(iii) He or she has the ability to operate a motor vehicle
in such a manner as not to jeopardize the safety of persons or
property.
The department may adopt rules to implement this subsection
(2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public
instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a
motor vehicle or motorcycle outside this state and provides
proof that he or she has had education equivalent to that
required under this subsection. [2002 c 195 § 1; 1999 c 274
§ 14; 1999 c 6 § 16; 1990 c 250 § 36; 1985 c 234 § 2; 1979 c
158 § 146; 1973 1st ex.s. c 154 § 87; 1972 ex.s. c 71 § 1; 1969
ex.s. c 218 § 10; 1967 c 167 § 1; 1965 ex.s. c 170 § 43; 1961
c 12 § 46.20.100. Prior: 1937 c 188 § 51; RRS § 6312-51;
1921 c 108 § 6, part; RRS § 6368, part.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
46.20.100
(2008 Ed.)
46.20.105 Identifying types of licenses and permits.
(1) The department may provide a method to distinguish the
driver’s license of a person who is under the age of twentyone from the driver’s license of a person who is twenty-one
years of age or older.
(2) An instruction permit must be identified as an
"instruction permit" and issued in a distinctive form as determined by the department.
(3) An intermediate license must be identified as an
"intermediate license" and issued in a distinctive form as
determined by the department. [2000 c 115 § 5; 1987 c 463 §
3.]
46.20.105
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.109 Wheelchair conveyances. Each operator of
a wheelchair conveyance shall undergo a special examination
conducted for the purpose of determining whether that person
can properly and safely operate the conveyance on public
roadways within a specified area. An operator’s license
issued after the special examination may specify the route,
area, time, or other restrictions that are necessary to ensure
the safety of the operator as well as the general motoring public. The department shall adopt rules for periodic review of
the performance of operators of wheelchair conveyances.
Operation of a wheelchair conveyance in violation of these
rules is a traffic infraction. [1983 c 200 § 3. Formerly RCW
46.20.550]
46.20.109
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
[Title 46 RCW—page 97]
46.20.113
Title 46 RCW: Motor Vehicles
46.20.1131 Information for organ donor registry.
The department shall electronically transfer the information
of all persons who upon application for a driver’s license or
identicard volunteer to donate organs or tissue to a registry
created in RCW 68.64.200, and any subsequent changes to
the applicant’s donor status when the applicant renews a
driver’s license or identicard or applies for a new driver’s
license or identicard. [2008 c 139 § 28; 2003 c 94 § 5.]
sons the fee must be the actual cost of production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused
with the official driver’s license; and
(b) Expire on the fifth anniversary of the applicant’s
birthdate after issuance.
(3) Renewal. An application for identicard renewal may
be submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of
the department and if the applicant did not renew his or her
identicard by mail or by electronic commerce when it last
expired. However, the department may accept an application
for renewal of an identicard submitted by means of mail or
electronic commerce only if specific authority and funding is
provided for this purpose by June 30, 2004, in the omnibus
transportation appropriations act.
An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department
includes a photograph of the identicard holder.
(4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed
others to use the card in violation of RCW 46.20.0921. [2005
c 314 § 305; 2004 c 249 § 5; 2002 c 352 § 12; 1999 c 274 §
15; 1999 c 6 § 18; 1993 c 452 § 3; 1986 c 15 § 1; 1985 ex.s.
c 1 § 3; 1985 c 212 § 1; 1981 c 92 § 2; 1971 ex.s. c 65 § 1;
1969 ex.s. c 155 § 4.]
Uniformity of application and construction—2008 c 139: See RCW
68.64.902.
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.20.113 Anatomical gift statement. The department
of licensing shall provide a statement whereby the licensee
may certify his or her willingness to make an anatomical gift
under RCW 68.64.030, as now or hereafter amended. The
department shall provide the statement in at least one of the
following ways:
(1) On each driver’s license; or
(2) With each driver’s license; or
(3) With each in-person driver’s license application.
[2008 c 139 § 27; 1993 c 228 § 18; 1987 c 331 § 81; 1979 c
158 § 147; 1975 c 54 § 1.]
46.20.113
Uniformity of application and construction—2008 c 139: See RCW
68.64.902.
Application, construction—Severability—1993 c 228: See RCW
68.50.902 and 68.50.903.
Effective date—1987 c 331: See RCW 68.05.900.
46.20.1131
Findings—2003 c 94: See note following RCW 68.64.200.
46.20.114 Preventing alteration or reproduction.
The department shall prepare and issue drivers’ licenses and
identicards using processes that prohibit as nearly as possible
the alteration or reproduction of such cards, or the superimposing of other photographs on such cards, without ready
detection. [1999 c 6 § 17; 1977 ex.s. c 27 § 2.]
46.20.114
Intent—1999 c 6: See note following RCW 46.04.168.
Purpose—1977 ex.s. c 27: "The legislature finds that the falsification
of cards and licenses is a serious social problem creating economic hardship
and problems which impede the efficient conduct of commerce and government. The legislature is particularly concerned that the increasing use of
false drivers’ licenses and identicards to purchase liquor, to cash bad checks,
and to obtain food stamps and other benefits is causing the loss of liquor
licenses, the loss of jobs, the loss of income, and the loss of human life in
addition to significant monetary losses in business and government. It is the
purpose of RCW 46.20.114 to require an effective means of rendering drivers’ licenses and identicards as immune as possible from alteration and counterfeiting in order to promote the public health and safety of the people of
this state." [1977 ex.s. c 27 § 1.]
46.20.117 Identicards. (1) Issuance. The department
shall issue an identicard, containing a picture, if the applicant:
(a) Does not hold a valid Washington driver’s license;
(b) Proves his or her identity as required by RCW
46.20.035; and
(c) Pays the required fee. The fee is twenty dollars
unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing
by the secretary of social and health services. For those per46.20.117
[Title 46 RCW—page 98]
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Purpose—1971 ex.s. c 65: "The efficient and effective operation and
administration of state government affects the health, safety, and welfare of
the people of this state and it is the intent and purpose of this act to promote
the health, safety, and welfare of the people by improving the operation and
administration of state government." [1971 ex.s. c 65 § 2.]
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.118 Negative file. The department shall maintain
a negative file. It shall contain negatives of all pictures taken
by the department of licensing as authorized by RCW
46.20.070 through 46.20.119. Negatives in the file shall not
be available for public inspection and copying under chapter
42.56 RCW. The department may make the file available to
official governmental enforcement agencies to assist in the
investigation by the agencies of suspected criminal activity.
The department shall make the file available to the office of
the secretary of state, at the expense of the secretary of state,
to assist in maintenance of the statewide voter registration
database. The department may also provide a print to the
driver’s next of kin in the event the driver is deceased. [2005
c 274 § 307; 2005 c 246 § 23; 1990 c 250 § 37; 1981 c 22 §
1; 1979 c 158 § 149; 1969 ex.s. c 155 § 5.]
46.20.118
Reviser’s note: This section was amended by 2005 c 246 § 23 and by
2005 c 274 § 307, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2008 Ed.)
Drivers’ Licenses—Identicards
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2005 c 246: See note following RCW 10.64.140.
Severability—1990 c 250: See note following RCW 46.16.301.
Purpose—1969 ex.s. c 155: "The identification of the injured or the
seriously ill is often difficult. The need for an identification file to facilitate
use by proper law enforcement officers has hampered law enforcement. Personal identification for criminal, personal and commercial reasons is becoming most important at a time when it is increasingly difficult to accomplish.
The legislature finds that the public health and welfare requires a standard
and readily recognizable means of identification of each person living within
the state. The legislature further finds that the need for an identification file
by law enforcement agencies must be met. The use of photographic drivers’
licenses will greatly aid the problem, but some means of identification must
be provided for persons who do not possess a driver’s license. The purpose
of this 1969 amendatory act is to provide for the positive identification of
persons, both through an expanded use of drivers’ licenses and also through
issue of personal identification cards for nondrivers." [1969 ex.s. c 155 § 1.]
Effective date—1969 ex.s. c 155: "This 1969 amendatory act shall take
effect September 1, 1969." [1969 ex.s. c 155 § 7.]
Voter registration database: RCW 29A.08.651.
46.20.119 Reasonable rules. The rules and regulations
adopted pursuant to RCW 46.20.070 through 46.20.119 shall
be reasonable in view of the purposes to be served by RCW
46.20.070 through 46.20.119. [1990 c 250 § 38; 1969 ex.s. c
155 § 6.]
46.20.119
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.120 Examinations—Waiver—Renewals—
Fees. An applicant for a new or renewed driver’s license
must successfully pass a driver licensing examination to
qualify for a driver’s license. The department shall give
examinations at places and times reasonably available to the
people of this state.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person
applying for the renewal of a driver’s license unless the
department determines that the applicant is not qualified to
hold a driver’s license under this title; or
(b) All or any part of the examination involving operating a motor vehicle if the applicant:
(i) Surrenders a valid driver’s license issued by the person’s previous home state; or
(ii) Provides for verification a valid driver’s license
issued by a foreign driver licensing jurisdiction with which
the department has an informal agreement under RCW
46.20.125; and
(iii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an
examination fee of twenty dollars.
(a) The examination fee is in addition to the fee charged
for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii) Whose last previous Washington license has been
expired for more than five years.
(3) An application for driver’s license renewal may be
submitted by means of:
(a) Personal appearance before the department; or
46.20.120
(2008 Ed.)
46.20.125
(b) Mail or electronic commerce, if permitted by rule of
the department and if the applicant did not renew his or her
license by mail or by electronic commerce when it last
expired. However, the department may accept an application
for renewal of a driver’s license submitted by means of mail
or electronic commerce only if specific authority and funding
is provided for this purpose by June 30, 2004, in the omnibus
transportation appropriations act.
(4) A person whose license expired or will expire while
he or she is living outside the state, may:
(a) Apply to the department to extend the validity of his
or her license for no more than twelve months. If the person
establishes to the department’s satisfaction that he or she is
unable to return to Washington before the date his or her
license expires, the department shall extend the person’s
license. The department may grant consecutive extensions,
but in no event may the cumulative total of extensions exceed
twelve months. An extension granted under this section does
not change the expiration date of the license for purposes of
RCW 46.20.181. The department shall charge a fee of five
dollars for each license extension;
(b) Apply to the department to renew his or her license
by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section
would not otherwise allow renewal by that means. If the person establishes to the department’s satisfaction that he or she
is unable to return to Washington within twelve months of the
date that his or her license expires, the department shall
renew the person’s license by mail or, if permitted by rule of
the department, by electronic commerce.
(5) If a qualified person submits an application for
renewal under subsection (3)(b) or (4)(b) of this section, he or
she is not required to pass an examination nor provide an
updated photograph. A license renewed by mail or by electronic commerce that does not include a photograph of the
licensee must be labeled "not valid for identification purposes." [2005 c 314 § 306; 2005 c 61 § 2; 2004 c 249 § 6;
2002 c 352 § 13. Prior: 1999 c 308 § 1; 1999 c 199 § 3; 1999
c 6 § 19; 1990 c 9 § 1; 1988 c 88 § 2; 1985 ex.s. c 1 § 4; 1979
c 61 § 6; 1975 1st ex.s. c 191 § 2; 1967 c 167 § 4; 1965 ex.s.
c 121 § 9; 1961 c 12 § 46.20.120; prior: 1959 c 284 § 1; 1953
c 221 § 2; 1937 c 188 § 55, part; RRS § 6312-55, part.]
Reviser’s note: This section was amended by 2005 c 61 § 2 and by
2005 c 314 § 306, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Intent—2005 c 61: See note following RCW 46.20.125.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: "Sections 1 through 5 of this act take
effect July 1, 2000." [1999 c 308 § 6.]
Effective date—1999 c 199: See note following RCW 46.20.027.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.125 Waiver—Agreement with other jurisdictions. (1) The department may enter into an informal agreement with one or more other licensing jurisdictions to waive
46.20.125
[Title 46 RCW—page 99]
46.20.126
Title 46 RCW: Motor Vehicles
the requirement for the examination involving operating a
motor vehicle by licensed drivers, age eighteen years or
older, from that jurisdiction.
(2) The department may only enter into an agreement
with a jurisdiction if:
(a) The jurisdiction has procedures in place to verify the
validity of the drivers’ licenses it issues; and
(b) The jurisdiction has agreed to waive all or any part of
the driver’s license examination requirements for Washington licensed drivers applying for a driver’s license in that
jurisdiction. [2005 c 61 § 3.]
Intent—2005 c 61: "The legislature recognizes the importance of global markets to our state and national economy. As a leader among states in
international commerce, Washington houses many multinational corporations. Competition among states for foreign businesses and personnel is
fierce and it is necessary to Washington’s future economic viability to eliminate a significant regulatory barrier to efficient personnel exchange, resulting in a more attractive business climate in Washington. The legislature recognizes that more than twenty other states have entered into informal reciprocal agreements with other nations to waive driver’s license testing
requirements in order to ease the transition of personnel to and from those
states. By removing an unnecessary barrier to efficient personnel mobility it
is the intent of the legislature to strengthen and diversify Washington’s economy." [2005 c 61 § 1.]
46.20.126 Rules. The department may make rules to
carry out the purposes of RCW 46.20.120 and 46.20.125.
[2005 c 61 § 4.]
and other terms and conditions of employment under chapter 41.80 RCW."
[2006 c 190 § 2.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
46.20.153 Voter registration—Posting signs. The
department shall post signs at each driver licensing facility
advertising the availability of voter registration services and
advising of the qualifications to register to vote. [2001 c 41 §
15.]
46.20.153
46.20.155 Voter registration—Services. (1) Before
issuing an original license or identicard or renewing a license
or identicard under this chapter, the licensing agent shall
determine if the applicant wants to register to vote or transfer
his or her voter registration by asking the following question:
46.20.155
"Do you want to register to vote or transfer your voter
registration?"
If the applicant chooses to register or transfer a registration, the agent shall ask the following:
46.20.126
46.20.130 Content and conduct of examinations. (1)
The director shall prescribe the content of the driver licensing
examination and the manner of conducting the examination,
which shall include but is not limited to:
(a) A test of the applicant’s eyesight and ability to see,
understand, and follow highway signs regulating, warning,
and directing traffic;
(b) A test of the applicant’s knowledge of traffic laws
and ability to understand and follow the directives of lawful
authority, orally or graphically, that regulate, warn, and direct
traffic in accordance with the traffic laws of this state;
(c) An actual demonstration of the applicant’s ability to
operate a motor vehicle without jeopardizing the safety of
persons or property. If the applicant is deaf or hearing
impaired, the applicant may be accompanied by an interpreter
to assist the applicant during the demonstration. The interpreter will be of the applicant’s choosing from a list provided
by the department of licensing; and
(d) Such further examination as the director deems necessary:
(i) To determine whether any facts exist that would bar
the issuance of a vehicle operator’s license under chapters
46.20, 46.21, and 46.29 RCW; and
(ii) To determine the applicant’s fitness to operate a
motor vehicle safely on the highways.
(2) If the applicant desires to drive a motorcycle or a
motor-driven cycle he or she must qualify for a motorcycle
endorsement under RCW 46.20.500 through 46.20.515.
[2006 c 190 § 1; 1999 c 6 § 20; 1990 c 250 § 39; 1981 c 245
§ 4; 1967 c 232 § 2; 1965 ex.s. c 121 § 10; 1961 c 12 §
46.20.130. Prior: 1959 c 284 § 2; 1943 c 151 § 1; 1937 c 188
§ 57; Rem. Supp. 1943 § 6312-57.]
46.20.130
Collective bargaining rights not affected—2006 c 190: "This act does
not affect the right of state employees to collectively bargain wages, hours,
[Title 46 RCW—page 100]
(1) "Are you a United States citizen?"
(2) "Are you or will you be eighteen years of age on or
before the next election?"
If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter
registration form and instructions and shall record that the
applicant has requested to register to vote or transfer a voter
registration. If the applicant answers in the negative to either
question, the agent shall not provide the applicant with a
voter registration form.
(2) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this
section when permitting an applicant to renew a license or
identicard by mail or by electronic commerce. [2005 c 246 §
24; 2004 c 249 § 7; 2001 c 41 § 14; 1990 c 143 § 6.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective date—1990 c 143: See note following RCW 29A.08.340.
Voter registration with driver licensing: RCW 29A.08.340 and 29A.08.350.
46.20.157 Data to department of information services—Confidentiality. (1) Except as provided in subsection (2) of this section, the department shall annually provide
to the department of information services an electronic data
file. The data file must:
(a) Contain information on all licensed drivers and identicard holders who are eighteen years of age or older and
whose records have not expired for more than two years;
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full name, date of birth, residence address including
county, sex, and most recent date of application, renewal,
replacement, or change of driver’s license or identicard.
(2) Before complying with subsection (1) of this section,
the department shall remove from the file the names of any
certified participants in the Washington state address confidentiality program under chapter 40.24 RCW that have been
46.20.157
(2008 Ed.)
Drivers’ Licenses—Identicards
identified to the department by the secretary of state. [1999 c
6 § 21; 1993 c 408 § 12.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
46.20.161 Issuance of license—Contents—Fee. The
department, upon receipt of a fee of twenty-five dollars,
unless the driver’s license is issued for a period other than
five years, in which case the fee shall be five dollars for each
year that the license is issued, which includes the fee for the
required photograph, shall issue to every qualifying applicant
a driver’s license. A driver’s license issued to a person under
the age of eighteen is an intermediate license, subject to the
restrictions imposed under RCW 46.20.075, until the person
reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record,
date of birth, Washington residence address, photograph, a
brief description of the licensee, and either a facsimile of the
signature of the licensee or a space upon which the licensee
shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it
has been so signed by the licensee. [2000 c 115 § 6; 1999 c
308 § 2; 1999 c 6 § 22; 1998 c 41 § 12; 1990 c 250 § 40; 1981
c 245 § 1; 1975 1st ex.s. c 191 § 3; 1969 c 99 § 6; 1965 ex.s.
c 121 § 11.]
46.20.161
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 245 § 5.]
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.181 Expiration date—Renewal—Fees—Penalty. (1) Except as provided in subsection (4) of this section,
every driver’s license expires on the fifth anniversary of the
licensee’s birthdate following the issuance of the license.
(2) A person may renew his or her license on or before
the expiration date by submitting an application as prescribed
by the department and paying a fee of twenty-five dollars.
This fee includes the fee for the required photograph.
(3) A person renewing his or her driver’s license more
than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his
or her license expired when:
(a) The person was outside the state and he or she renews
the license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews
the license within sixty days after the termination of the incapacity.
(4) During the period from July 1, 2000, to July 1, 2006,
the department may issue or renew a driver’s license for a
period other than five years, or may extend by mail a license
that has already been issued, in order to evenly distribute, as
46.20.181
(2008 Ed.)
46.20.1911
nearly as possible, the yearly renewal rate of licensed drivers.
The fee for a driver’s license issued or renewed for a period
other than five years, or that has been extended by mail, is
five dollars for each year that the license is issued, renewed,
or extended. The department may adopt any rules as are necessary to carry out this subsection. [1999 c 308 § 3; 1999 c 6
§ 23; 1990 c 250 § 41; 1981 c 245 § 2; 1975 1st ex.s. c 191 §
4; 1969 c 99 § 7; 1965 ex.s. c 170 § 46; 1965 ex.s. c 121 § 17.]
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.185
46.20.185 Photograph during renewal. The department of licensing shall establish a procedure for renewal of
drivers’ licenses under this chapter which does not deprive
the applicant during the renewal process of an identification
bearing the applicant’s photograph.
This identification shall be designed to and shall be
accepted as proper identification under RCW 66.16.040.
[1979 ex.s. c 87 § 1.]
46.20.187
46.20.187 Registration of sex offenders. The department, at the time a person renews his or her driver’s license
or identicard, or surrenders a driver’s license from another
jurisdiction pursuant to RCW 46.20.021 and makes an application for a driver’s license or an identicard, shall provide the
applicant with written information on the registration requirements of RCW 9A.44.130. [1990 c 3 § 407.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
46.20.191
46.20.191 Compliance with federal REAL ID Act of
2005 requirements. Before issuing a driver’s license or
identicard that complies with the requirements of the REAL
ID Act of 2005, P.L. 109-13, and before storing or including
data about Washington state residents in any database,
records facility, or computer system for purposes of meeting
the requirements of the REAL ID Act of 2005, the department of licensing shall certify that the driver’s license, identicard, database, records facility, computer system, and the
department’s personnel screening and training procedures:
(1) Include all reasonable security measures to protect the privacy of Washington state residents; (2) include all reasonable
safeguards to protect against unauthorized disclosure of data;
and (3) do not place unreasonable costs or recordkeeping burdens on a driver’s license or identicard applicant. [2007 c 85
§ 2.]
46.20.1911
46.20.1911 Costs and burdens of compliance with
federal REAL ID Act of 2005 requirements—Legal challenge. (1) The department of licensing and the office of
financial management may analyze the costs and burdens to
the state of Washington, and to applicants of drivers’ licenses
or identicards, of complying with the requirements of the
REAL ID Act of 2005, P.L. 109-13, and any related federal
regulations.
[Title 46 RCW—page 101]
46.20.200
Title 46 RCW: Motor Vehicles
(2) The attorney general may, with approval of the governor, challenge the legality or constitutionality of the REAL
ID Act of 2005. [2007 c 85 § 3.]
46.20.200
46.20.200 Lost, destroyed, corrected licenses or permits. (1) If an instruction permit, identicard, or a driver’s
license is lost or destroyed, the person to whom it was issued
may obtain a duplicate of it upon furnishing proof of such
fact satisfactory to the department and payment of a fee of fifteen dollars to the department.
(2) A replacement permit, identicard, or driver’s license
may be obtained to change or correct material information
upon payment of a fee of ten dollars and surrender of the permit, identicard, or driver’s license being replaced. [2002 c
352 § 14; 1985 ex.s. c 1 § 5; 1975 1st ex.s. c 191 § 5; 1965
ex.s. c 121 § 16; 1961 c 12 § 46.20.200. Prior: 1947 c 164 §
18; 1937 c 188 § 60; Rem. Supp. 1947 § 6312-60; 1921 c 108
§ 11; RRS § 6373.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.202 Enhanced drivers’ licenses and identicards
for Canadian border crossing—Border-crossing initiative. (1) The department may enter into a memorandum of
understanding with any federal agency for the purposes of
facilitating the crossing of the border between the state of
Washington and the Canadian province of British Columbia.
(2) The department may enter into an agreement with the
Canadian province of British Columbia for the purposes of
implementing a border-crossing initiative.
(3)(a) The department may issue an enhanced driver’s
license or identicard for the purposes of crossing the border
between the state of Washington and the Canadian province
of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and
state residency. The department shall continue to offer a
standard driver’s license and identicard. If the department
chooses to issue an enhanced driver’s license, the department
must allow each applicant to choose between a standard
driver’s license or identicard, or an enhanced driver’s license
or identicard.
(b) The department shall implement a one-to-many biometric matching system for the enhanced driver’s license or
identicard. An applicant for an enhanced driver’s license or
identicard shall submit a biometric identifier as designated by
the department. The biometric identifier must be used solely
for the purpose of verifying the identity of the holders and for
any purpose set out in RCW 46.20.037. Applicants are
required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
(c) The enhanced driver’s license or identicard must
include reasonable security measures to protect the privacy of
Washington state residents, including reasonable safeguards
to protect against unauthorized disclosure of data about
Washington state residents. If the enhanced driver’s license
or identicard includes a radio frequency identification chip,
or similar technology, the department shall ensure that the
technology is encrypted or otherwise secure from unauthorized data access.
(d) The requirements of this subsection are in addition to
the requirements otherwise imposed on applicants for a
driver’s license or identicard. The department shall adopt
such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards
and amend the rules related to enhanced driver’s licenses and
identicards as the director deems consistent with this section
and appropriate to protect the privacy of Washington state
residents.
(e) Notwithstanding RCW 46.20.118, the department
may make images associated with enhanced drivers’ licenses
or identicards from the negative file available to United
States customs and border agents for the purposes of verifying identity.
(4) The department may set a fee for the issuance of
enhanced drivers’ licenses and identicards under this section.
[2007 c 7 § 1.]
Effective date—2007 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 23, 2007]." [2007 c 7 § 4.]
46.20.202
[Title 46 RCW—page 102]
46.20.2021 Statewide education campaign for border-crossing initiative. The department shall develop and
implement a statewide education campaign to educate Washington citizens about the border-crossing initiative authorized
by chapter 7, Laws of 2007. The educational campaign must
include information on the forms of travel for which the
existing and enhanced driver’s license can be used. The campaign must include information on the time frames for implementation of laws that impact identification requirements at
the border with Canada. [2007 c 7 § 2.]
46.20.2021
Effective date—2007 c 7: See note following RCW 46.20.202.
46.20.205 Change of address or name. (1) Whenever
any person after applying for or receiving a driver’s license or
identicard moves from the address named in the application
or in the license or identicard issued to him or her, the person
shall within ten days thereafter notify the department of the
address change. The notification must be in writing on a form
provided by the department and must include the number of
the person’s driver’s license. The written notification, or
other means as designated by rule of the department, is the
exclusive means by which the address of record maintained
by the department concerning the licensee or identicard
holder may be changed.
(a) The form must contain a place for the person to indicate that the address change is not for voting purposes. The
department of licensing shall notify the secretary of state by
the means described in *RCW 29.07.270(3) of all change of
address information received by means of this form except
information on persons indicating that the change is not for
voting purposes.
(b) Any notice regarding the cancellation, suspension,
revocation, disqualification, probation, or nonrenewal of the
driver’s license, commercial driver’s license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the
licensee’s or identicard holder’s failure to receive the notice.
46.20.205
(2008 Ed.)
Drivers’ Licenses—Identicards
(2) When a licensee or holder of an identicard changes
his or her name of record, the person shall notify the department of the name change. The person must make the notification within ten days of the date that the name change is effective. The notification must be in writing on a form provided
by the department and must include the number of the person’s driver’s license. The department of licensing shall not
change the name of record of a person under this section
unless the person has again satisfied the department regarding his or her identity in the manner provided by RCW
46.20.035. [1999 c 6 § 24; 1998 c 41 § 13; 1996 c 30 § 4;
1994 c 57 § 52; 1989 c 337 § 6; 1969 ex.s. c 170 § 13; 1965
ex.s. c 121 § 18.]
*Reviser’s note: RCW 29.07.270 was recodified as RCW 29A.08.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29.07.270 was
also amended by 2003 c 111 § 226, deleting subsection (3).
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1996 c 30: See note following RCW 46.25.010.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
RESTRICTING THE DRIVING PRIVILEGE
46.20.207 Cancellation. (1) The department is authorized to cancel any driver’s license upon determining that the
licensee was not entitled to the issuance of the license, or that
the licensee failed to give the required or correct information
in his or her application, or that the licensee is incompetent to
drive a motor vehicle for any of the reasons under RCW
46.20.031 (4) and (7).
(2) Upon such cancellation, the licensee must surrender
the license so canceled to the department. [1993 c 501 § 3;
1991 c 293 § 4; 1965 ex.s. c 121 § 20.]
46.20.207
46.20.215 Nonresidents—Suspension or revocation—Reporting offenders. (1) The privilege of driving a
motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation
by the department in like manner and for like cause as a
driver’s license issued hereunder may be suspended or
revoked.
(2) The department shall, upon receiving a record of the
conviction in this state of a nonresident driver of a motor
vehicle of any offense under the motor vehicle laws of this
state, forward a report of such conviction to the motor vehicle
administrator in the state wherein the person so convicted is a
resident. Such report shall clearly identify the person convicted; describe the violation specifying the section of the
statute, code or ordinance violated; identify the court in
which action was taken; and indicate whether a plea of guilty
or not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond or other security.
(3) The department shall, upon receiving a record of the
commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic
infraction to the motor vehicle administrator in the state
where the person who committed the infraction resides. The
report shall clearly identify the person found to have committed the infraction; describe the infraction, specifying the sec46.20.215
(2008 Ed.)
46.20.245
tion of the statute, code or ordinance violated; identify the
court in which action was taken; and indicate whether the
determination that an infraction was committed was contested or whether the individual failed to respond to the notice
of infraction. [1979 ex.s. c 136 § 57; 1965 ex.s. c 121 § 21.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.220 Vehicle rentals—Records. (1) It shall be
unlawful for any person to rent a motor vehicle of any kind
including a motorcycle to any other person unless the latter
person is then duly licensed as a vehicle driver for the kind of
motor vehicle being rented in this state or, in case of a nonresident, then that he is duly licensed as a driver under the laws
of the state or country of his residence except a nonresident
whose home state or country does not require that a motor
vehicle driver be licensed;
(2) It shall be unlawful for any person to rent a motor
vehicle to another person until he has inspected the vehicle
driver’s license of such other person and compared and verified the signature thereon with the signature of such other
person written in his presence;
(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the
motor vehicle so rented, the name and address of the person
to whom the motor vehicle is rented, the number of the vehicle driver’s license of the person renting the vehicle and the
date and place when and where such vehicle driver’s license
was issued. Such record shall be open to inspection by any
police officer or anyone acting for the director. [1969 c 27 §
1. Prior: 1967 c 232 § 9; 1967 c 32 § 28; 1961 c 12 §
46.20.220; prior: 1937 c 188 § 63; RRS § 6312-63.]
46.20.220
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
Helmet requirements: RCW 46.37.535.
46.20.245 Mandatory revocation—Notice—Administrative, judicial review—Rules—Application. (1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle and this action is made mandatory by
the provisions of this chapter or other law, the department
must give notice to the person in writing by posting in the
United States mail, appropriately addressed, postage prepaid,
or by personal service. Notice by mail is given upon deposit
in the United States mail. Notice given under this subsection
must specify the date upon which the driving privilege is to
be withheld which shall not be less than forty-five days after
the original notice is given.
(2) Within fifteen days after notice has been given to a
person under subsection (1) of this section, the person may
request in writing an administrative review before the department. If the request is mailed, it must be postmarked within
fifteen days after the date the department has given notice. If
a person fails to request an administrative review within fifteen days after the date the department gives notice, the person is considered to have defaulted and loses his or her right
to an administrative review unless the department finds good
cause for a request after the fifteen-day period.
(a) An administrative review under this subsection shall
consist solely of an internal review of documents and records
46.20.245
[Title 46 RCW—page 103]
46.20.265
Title 46 RCW: Motor Vehicles
submitted or available to the department, unless the person
requests an interview before the department, in which case all
or any part of the administrative review may, at the discretion
of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative
review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court
or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received
from a court or other reporting agency or entity, regardless of
form or format, is prima facie evidence that the information
from the court or other reporting agency or entity regarding
the person is accurate. A person requesting administrative
review has the burden of showing by a preponderance of the
evidence that the person is not subject to the withholding of
the driving privilege.
(d) The action subject to the notification requirements of
subsection (1) of this section shall be stayed during the
administrative review process.
(e) Judicial review of a department order affirming the
action subject to the notification requirements of subsection
(1) of this section after an administrative review shall be
available in the same manner as provided in RCW
46.20.308(9). The department shall certify its record to the
court within thirty days after service upon the department of
the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall
not automatically be stayed during the judicial review. If
judicial relief is sought for a stay or other temporary remedy
from the department’s action, the court shall not grant relief
unless the court finds that the appellant is likely to prevail in
the appeal and that without a stay the appellant will suffer
irreparable injury.
(3) The department may adopt rules that are considered
necessary or convenient by the department for purposes of
administering this section, including, but not limited to, rules
regarding expedited procedures for issuing orders and expedited notice procedures.
(4) This section does not apply where an opportunity for
an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the
department. [2005 c 288 § 1.]
Effective date—2005 c 288: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 288 § 9.]
46.20.265 Juvenile driving privileges—Revocation
for alcohol or drug violations. (1) In addition to any other
authority to revoke driving privileges under this chapter, the
department shall revoke all driving privileges of a juvenile
when the department receives notice from a court pursuant to
RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065,
69.50.420, 69.52.070, or a substantially similar municipal
ordinance adopted by a local legislative authority, or from a
diversion unit pursuant to RCW 13.40.265.
46.20.265
[Title 46 RCW—page 104]
(2) The driving privileges of the juvenile revoked under
subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall
impose a revocation for one year, or until the juvenile reaches
seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the
department shall impose a revocation for two years or until
the juvenile reaches eighteen years of age, whichever is
longer.
(c) Each offense for which the department receives
notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile’s
twenty-first birthday, and no period of revocation imposed
under this section shall begin before the expiration of all
other periods of revocation imposed under this section or
other law. Periods of revocation imposed consecutively
under this section shall not extend beyond the juvenile’s
twenty-first birthday.
(3)(a) If the department receives notice from a court that
the juvenile’s privilege to drive should be reinstated, the
department shall immediately reinstate any driving privileges
that have been revoked under this section if the minimum
term of revocation as specified in RCW 13.40.265(1)(c),
66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or
similar ordinance has expired, and subject to subsection
(2)(c) of this section.
(b) The juvenile may seek reinstatement of his or her
driving privileges from the department when the juvenile
reaches the age of twenty-one. A notice from the court reinstating the juvenile’s driving privilege shall not be required if
reinstatement is pursuant to this subsection.
(4)(a) If the department receives notice pursuant to RCW
13.40.265(2)(b) from a diversion unit that a juvenile has
completed a diversion agreement for which the juvenile’s
driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection, subject to subsection (2)(c) of
this section.
(b) If the diversion agreement was for the juvenile’s first
violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the
department shall not reinstate the juvenile’s privilege to drive
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement
was for the juvenile’s second or subsequent violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department
shall not reinstate the juvenile’s privilege to drive until the
later of the date the juvenile turns seventeen or one year after
the juvenile entered into the second or subsequent diversion
agreement. [2005 c 288 § 2; 2003 c 20 § 1; 1998 c 41 § 2;
1994 sp.s. c 7 § 439; 1991 c 260 § 1; 1989 c 271 § 117; 1988
c 148 § 7.]
Effective date—2005 c 288: See note following RCW 46.20.245.
Intent—Construction—1998 c 41: "It is the intent and purpose of this
act to clarify procedural issues and make technical corrections to statutes
relating to drivers’ licenses. This act should not be construed as changing
existing public policy." [1998 c 41 § 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998." [1998
c 41 § 15.]
(2008 Ed.)
Drivers’ Licenses—Identicards
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
46.20.267 Intermediate licensees. If a person issued an
intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under
RCW 46.20.075:
(1) On the first such conviction or finding the department
shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
(2) On the second such conviction or finding, the department shall suspend the person’s intermediate driver’s license
for a period of six months or until the person reaches eighteen
years of age, whichever occurs first, and mail the parent or
guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person’s intermediate driver’s license
until the person reaches eighteen years of age, and mail the
parent or guardian of the person a notification of the suspension.
For the purposes of this section, a single ticket for one or
more traffic offenses constitutes a single traffic offense.
[2000 c 115 § 3.]
46.20.267
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.270 Conviction of offense requiring withholding driving privilege—Procedures—Definitions. (1)
Whenever any person is convicted of any offense for which
this title makes mandatory the withholding of the driving
privilege of such person by the department, the court in
which such conviction is had shall forthwith mark the person’s Washington state driver’s license or permit to drive, if
any, in a manner authorized by the department. A valid
driver’s license or permit to drive marked under this subsection shall remain in effect until the person’s driving privilege
is withheld by the department pursuant to notice given under
RCW 46.20.245, unless the license or permit expires or otherwise becomes invalid prior to the effective date of this
action. Perfection of notice of appeal shall stay the execution
of sentence including the withholding of the driving privilege.
(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or
municipal ordinance adopted by a local authority regulating
the operation of motor vehicles on highways, or any federal
authority having jurisdiction over offenses substantially the
same as those set forth in Title 46 RCW which occur on federal installations within this state, shall immediately forward
to the department a forfeiture of bail or collateral deposited to
secure the defendant’s appearance in court, a payment of a
fine, penalty, or court cost, a plea of guilty or nolo contendere
or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the
46.20.270
(2008 Ed.)
46.20.270
form prescribed by rule of the supreme court, showing the
conviction of any person or the finding that any person has
committed a traffic infraction in said court for a violation of
any said laws other than regulations governing standing,
stopping, parking, and pedestrian offenses.
(3) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any
other act of this state or municipal ordinance adopted by a
state or local authority regulating the operation of motor
vehicles on highways, may forward to the department within
ten days of failure to respond, failure to pay a penalty, failure
to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to
standing, stopping, parking, or other infraction issued under
RCW 46.63.030(1)(d) has been committed, or failure to
appear at a hearing to explain mitigating circumstances, an
abstract of the citation record in the form prescribed by rule
of the department, showing the finding by such municipality
that two or more violations of laws governing standing, stopping, and parking or one or more other infractions issued
under RCW 46.63.030(1)(d) have been committed and indicating the nature of the defendant’s failure to act. Such violations or infractions may not have occurred while the vehicle
is stolen from the registered owner or is leased or rented
under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing
vehicles and a lessee who is not the vehicle’s registered
owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states
for reporting to each other violations of laws governing
standing, stopping, and parking.
(4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court or
by any federal authority having jurisdiction over offenses
substantially the same as those set forth in Title 46 RCW
which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a
defendant’s appearance in court, the payment of a fine or
court cost, a plea of guilty or nolo contendere, or a finding of
guilt on a traffic law violation charge, regardless of whether
the imposition of sentence or sanctions are deferred or the
penalty is suspended, but not including entry into a deferred
prosecution agreement under chapter 10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding
that a traffic infraction has been committed" means a failure
to respond to a notice of infraction or a determination made
by a court pursuant to this chapter. Payment of a monetary
penalty made pursuant to RCW 46.63.070(2) is deemed
equivalent to such a finding. [2006 c 327 § 1; 2005 c 288 §
3; 2004 c 231 § 5; 1990 2nd ex.s. c 1 § 402; 1990 c 250 § 42;
1982 1st ex.s. c 14 § 5; 1979 ex.s. c 136 § 58; 1979 c 61 § 7;
1977 ex.s. c 3 § 1; 1967 ex.s. c 145 § 55; 1965 ex.s. c 121 §
22; 1961 c 12 § 46.20.270. Prior: 1937 c 188 § 68; RRS §
6312-68; prior: 1923 c 122 § 2, part; 1921 c 108 § 9, part;
RRS § 6371, part.]
Effective date—2005 c 288: See note following RCW 46.20.245.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
[Title 46 RCW—page 105]
46.20.285
Title 46 RCW: Motor Vehicles
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.20.285 Offenses requiring revocation. The department shall revoke the license of any driver for the period of
one calendar year unless otherwise provided in this section,
upon receiving a record of the driver’s conviction of any of
the following offenses, when the conviction has become
final:
(1) For vehicular homicide the period of revocation shall
be two years. The revocation period shall be tolled during
any period of total confinement for the offense;
(2) Vehicular assault. The revocation period shall be
tolled during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop and give information or render aid as
required under the laws of this state in the event of a motor
vehicle accident resulting in the death or personal injury of
another or resulting in damage to a vehicle that is driven or
attended by another;
(6) Perjury or the making of a false affidavit or statement
under oath to the department under Title 46 RCW or under
any other law relating to the ownership or operation of motor
vehicles;
(7) Reckless driving upon a showing by the department’s
records that the conviction is the third such conviction for the
driver within a period of two years. [2005 c 288 § 4; 2001 c
64 § 6. Prior: 1998 c 207 § 4; 1998 c 41 § 3; 1996 c 199 § 5;
1990 c 250 § 43; 1985 c 407 § 2; 1984 c 258 § 324; 1983 c
165 § 16; 1983 c 165 § 15; 1965 ex.s. c 121 § 24.]
46.20.285
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1996 c 199: See note following RCW 9.94A.505.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Revocation of license for attempting to elude pursuing police vehicle: RCW
46.61.024.
Vehicular assault, penalty: RCW 46.61.522.
Vehicular homicide, penalty: RCW 46.61.520.
46.20.286 Adoption of procedures. The department of
licensing shall adopt procedures in cooperation with the
administrative office of the courts and the department of corrections to implement RCW 46.20.285. [2005 c 282 § 47;
1996 c 199 § 6.]
46.20.286
Severability—1996 c 199: See note following RCW 9.94A.505.
[Title 46 RCW—page 106]
46.20.289 Suspension for failure to respond, appear,
etc. The department shall suspend all driving privileges of a
person when the department receives notice from a court
under RCW 46.63.070(6), 46.63.110(6), or 46.64.025 that the
person has failed to respond to a notice of traffic infraction,
failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, other than for
a standing, stopping, or parking violation, provided that the
traffic infraction or traffic offense is committed on or after
July 1, 2005. A suspension under this section takes effect
pursuant to the provisions of RCW 46.20.245, and remains in
effect until the department has received a certificate from the
court showing that the case has been adjudicated, and until
the person meets the requirements of RCW 46.20.311. In the
case of failure to respond to a traffic infraction issued under
RCW 46.55.105, the department shall suspend all driving
privileges until the person provides evidence from the court
that all penalties and restitution have been paid. A suspension under this section does not take effect if, prior to the
effective date of the suspension, the department receives a
certificate from the court showing that the case has been adjudicated. [2005 c 288 § 5; 2002 c 279 § 4; 1999 c 274 § 1;
1995 c 219 § 2; 1993 c 501 § 1.]
46.20.289
Effective date—2005 c 288: See note following RCW 46.20.245.
46.20.291 Authority to suspend—Grounds. The
department is authorized to suspend the license of a driver
upon a showing by its records or other sufficient evidence
that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in
death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have
committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety
of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW
46.20.031(3);
(5) Has failed to respond to a notice of traffic infraction,
failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, as provided
in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305 or
9A.56.078;
(7) Has committed one of the prohibited practices relating to drivers’ licenses defined in RCW 46.20.0921; or
(8) Has been certified by the department of social and
health services as a person who is not in compliance with a
child support order or a residential or visitation order as provided in RCW 74.20A.320. [2007 c 393 § 2; 1998 c 165 § 12;
1997 c 58 § 806; 1993 c 501 § 4; 1991 c 293 § 5; 1980 c 128
§ 12; 1965 ex.s. c 121 § 25.]
46.20.291
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
(2008 Ed.)
Drivers’ Licenses—Identicards
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Reckless driving, suspension of license: RCW 46.61.500.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.522.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.520.
46.20.292 Finding of juvenile court officer. The
department may suspend, revoke, restrict, or condition any
driver’s license upon a showing of its records that the licensee has been found by a juvenile court, chief probation
officer, or any other duly authorized officer of a juvenile
court to have committed any offense or offenses which under
Title 46 RCW constitutes grounds for said action. [1979 c 61
§ 8; 1967 c 167 § 9.]
46.20.292
46.20.293 Minor’s record to juvenile court, parents,
or guardians. The department is authorized to provide juvenile courts with the department’s record of traffic charges
compiled under RCW 46.52.101 and 13.50.200, against any
minor upon the request of any state juvenile court or duly
authorized officer of any juvenile court of this state. Further,
the department is authorized to provide any juvenile court
with any requested service which the department can reasonably perform which is not inconsistent with its legal authority
which substantially aids juvenile courts in handling traffic
cases and which promotes highway safety.
The department is authorized to furnish to the parent,
parents, or guardian of any person under eighteen years of
age who is not emancipated from such parent, parents, or
guardian, the department records of traffic charges compiled
against the person and shall collect for the copy a fee of ten
dollars fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited
according to RCW 46.68.038. [2007 c 424 § 1; 2002 c 352 §
15; 1999 c 86 § 3; 1990 c 250 § 44; 1979 c 61 § 9; 1977 ex.s.
c 3 § 2; 1971 ex.s. c 292 § 45; 1969 ex.s. c 170 § 14; 1967 c
167 § 10.]
46.20.293
Effective date—2007 c 424: "This act takes effect August 1, 2007."
[2007 c 424 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.300 Extraterritorial convictions. The director
of licensing shall suspend, revoke, or cancel the vehicle
driver’s license of any resident of this state upon receiving
notice of the conviction of such person in another state of an
offense therein which, if committed in this state, would be
ground for the suspension or revocation of the vehicle
driver’s license. The director may further, upon receiving a
record of the conviction in this state of a nonresident driver of
a motor vehicle of any offense under the motor vehicle laws
46.20.300
(2008 Ed.)
46.20.308
of this state, forward a certified copy of such record to the
motor vehicle administrator in the state of which the person
so convicted is a resident; such record to consist of a copy of
the judgment and sentence in the case. [1989 c 337 § 7; 1979
c 158 § 150; 1967 c 32 § 29; 1961 c 12 § 46.20.300. Prior:
1957 c 273 § 8; prior: 1937 c 188 § 66, part; RRS § 6312-66,
part; 1923 c 122 § 1, part; 1921 c 108 § 9, part; RRS § 6371,
part.]
46.20.305 Incompetent, unqualified driver—Reexamination—Physician’s certificate—Action by department. (1) The department, having good cause to believe that
a licensed driver is incompetent or otherwise not qualified to
be licensed may upon notice require him or her to submit to
an examination.
(2) The department shall require a driver reported under
RCW 46.52.070 (2) and (3) to submit to an examination. The
examination must be completed no later than one hundred
twenty days after the accident report required under RCW
46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for
examination.
(3) The department may in addition to an examination
under this section require such person to obtain a certificate
showing his or her condition signed by a licensed physician
or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this
section the department shall take driver improvement action
as may be appropriate and may suspend or revoke the license
of such person or permit him or her to retain such license, or
may issue a license subject to restrictions as permitted under
RCW 46.20.041. The department may suspend or revoke the
license of such person who refuses or neglects to submit to
such examination.
(5) The department may require payment of a fee by a
person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover
the additional cost of administering examinations required by
this section. [1999 c 351 § 3; 1998 c 165 § 13; 1965 ex.s. c
121 § 26.]
46.20.305
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.308 Implied consent—Test refusal—Procedures. (Effective until January 1, 2009.) (1) Any person
who operates a motor vehicle within this state is deemed to
have given consent, subject to the provisions of RCW
46.61.506, to a test or tests of his or her breath or blood for
the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for
any offense where, at the time of the arrest, the arresting
officer has reasonable grounds to believe the person had been
driving or was in actual physical control of a motor vehicle
while under the influence of intoxicating liquor or any drug
or was in violation of RCW 46.61.503. Neither consent nor
this section precludes a police officer from obtaining a search
warrant for a person’s breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in
46.20.308
[Title 46 RCW—page 107]
46.20.308
Title 46 RCW: Motor Vehicles
actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or any drug
or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those
instances where the person is incapable due to physical
injury, physical incapacity, or other physical limitation, of
providing a breath sample or where the person is being
treated in a hospital, clinic, doctor’s office, emergency medical vehicle, ambulance, or other similar facility or where the
officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).
The officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her
choosing as provided in RCW 46.61.506. The officer shall
warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver’s
license, permit, or privilege to drive will be revoked or denied
for at least one year; and
(b) If the driver refuses to take the test, the driver’s
refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver’s license, permit, or privilege to drive will
be suspended, revoked, or denied for at least ninety days if
the driver is age twenty-one or over and the test indicates the
alcohol concentration of the driver’s breath or blood is 0.08
or more, or if the driver is under age twenty-one and the test
indicates the alcohol concentration of the driver’s breath or
blood is 0.02 or more, or if the driver is under age twenty-one
and the driver is in violation of RCW 46.61.502 or 46.61.504.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide
as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest
for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which
arrest results from an accident in which there has been serious
bodily injury to another person, a breath or blood test may be
administered without the consent of the individual so
arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or tests
may be administered, subject to the provisions of RCW
46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings
under subsection (2) of this section, the person arrested
refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall
be given except as authorized under subsection (3) or (4) of
this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a
test or tests of the person’s blood or breath is administered
and the test results indicate that the alcohol concentration of
[Title 46 RCW—page 108]
the person’s breath or blood is 0.08 or more if the person is
age twenty-one or over, or 0.02 or more if the person is under
the age of twenty-one, or the person refuses to submit to a
test, the arresting officer or other law enforcement officer at
whose direction any test has been given, or the department,
where applicable, if the arrest results in a test of the person’s
blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the
person’s license, permit, or privilege to drive as required by
subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the
steps he or she must take to obtain a hearing as provided by
subsection (8) of this section;
(c) Mark the person’s Washington state driver’s license
or permit to drive, if any, in a manner authorized by the
department;
(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days
from the date of arrest or from the date notice has been given
in the event notice is given by the department following a
blood test, or until the suspension, revocation, or denial of the
person’s license, permit, or privilege to drive is sustained at a
hearing pursuant to subsection (8) of this section, whichever
occurs first. No temporary license is valid to any greater
degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and
transmit to the department within seventy-two hours, except
as delayed as the result of a blood test, a sworn report or
report under a declaration authorized by RCW 9A.72.085
that states:
(i) That the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical
control of a motor vehicle within this state while under the
influence of intoxicating liquor or drugs, or both, or was
under the age of twenty-one years and had been driving or
was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of
his or her blood or breath, or a test was administered and the
results indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person is age
twenty-one or over, or was 0.02 or more if the person is under
the age of twenty-one; and
(iii) Any other information that the director may require
by rule.
(7) The department of licensing, upon the receipt of a
sworn report or report under a declaration authorized by
RCW 9A.72.085 under subsection (6)(e) of this section, shall
suspend, revoke, or deny the person’s license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or
denial to be effective beginning sixty days from the date of
arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or
when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(8) A person receiving notification under subsection
(6)(b) of this section may, within thirty days after the notice
(2008 Ed.)
Drivers’ Licenses—Identicards
has been given, request in writing a formal hearing before the
department. The person shall pay a fee of two hundred dollars as part of the request. If the request is mailed, it must be
postmarked within thirty days after receipt of the notification.
Upon timely receipt of such a request for a formal hearing,
including receipt of the required two hundred dollar fee, the
department shall afford the person an opportunity for a hearing. The department may waive the required two hundred
dollar fee if the person is an indigent as defined in RCW
10.101.010. Except as otherwise provided in this section, the
hearing is subject to and shall be scheduled and conducted in
accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that
all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.
The hearing shall be held within sixty days following the
arrest or following the date notice has been given in the event
notice is given by the department following a blood test,
unless otherwise agreed to by the department and the person,
in which case the action by the department shall be stayed,
and any valid temporary license marked under subsection
(6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope
of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual
physical control of a motor vehicle within this state while
having alcohol in his or her system in a concentration of 0.02
or more if the person was under the age of twenty-one,
whether the person was placed under arrest, and (a) whether
the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal
would result in the revocation of the person’s license, permit,
or privilege to drive, or (b) if a test or tests were administered,
whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether
the person submitted to the test or tests, or whether a test was
administered without express consent as permitted under this
section, and whether the test or tests indicated that the alcohol
concentration of the person’s breath or blood was 0.08 or
more if the person was age twenty-one or over at the time of
the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or
report under a declaration authorized by RCW 9A.72.085
submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the
person had been driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor or drugs, or both, or the person had been
driving or was in actual physical control of a motor vehicle
within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of
twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue
subpoenas for the attendance of witnesses and the production
of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance
of a witness at the request of the person unless the request is
(2008 Ed.)
46.20.308
accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report
shall be admissible without further evidentiary foundation
and the certifications authorized by the criminal rules for
courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented
by counsel, may question witnesses, may present evidence,
and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained
after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied has the right to file a
petition in the superior court of the county of arrest to review
the final order of revocation by the department in the same
manner as an appeal from a decision of a court of limited
jurisdiction. Notice of appeal must be filed within thirty days
after the date the final order is served or the right to appeal is
waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or
other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with
obtaining the record of the hearing before the hearing officer.
The filing of the appeal does not stay the effective date of the
suspension, revocation, or denial. A petition filed under this
subsection must include the petitioner’s grounds for requesting review. Upon granting petitioner’s request for review,
the court shall review the department’s final order of suspension, revocation, or denial as expeditiously as possible. The
review must be limited to a determination of whether the
department has committed any errors of law. The superior
court shall accept those factual determinations supported by
substantial evidence in the record: (a) That were expressly
made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior
court may reverse, affirm, or modify the decision of the
department or remand the case back to the department for further proceedings. The decision of the superior court must be
in writing and filed in the clerk’s office with the other papers
in the case. The court shall state the reasons for the decision.
If judicial relief is sought for a stay or other temporary remedy from the department’s action, the court shall not grant
such relief unless the court finds that the appellant is likely to
prevail in the appeal and that without a stay the appellant will
suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10)(a) If a person whose driver’s license, permit, or
privilege to drive has been or will be suspended, revoked, or
denied under subsection (7) of this section, other than as a
result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred
prosecution under chapter 10.05 RCW, petitions a court for a
deferred prosecution on criminal charges arising out of the
arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of
licensing of the intent to seek such a deferred prosecution,
then the license suspension or revocation shall be stayed
pending entry of the deferred prosecution. The stay shall not
be longer than one hundred fifty days after the date charges
are filed, or two years after the date of the arrest, whichever
[Title 46 RCW—page 109]
46.20.308
Title 46 RCW: Motor Vehicles
time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If
the person is otherwise eligible for licensing, the department
shall issue a temporary license, or extend any valid temporary
license marked under subsection (6) of this section, for the
period of the stay. If a deferred prosecution treatment plan is
not recommended in the report made under RCW 10.05.050,
or if treatment is rejected by the court, or if the person
declines to accept an offered treatment plan, or if the person
violates any condition imposed by the court, then the court
shall immediately direct the department to cancel the stay and
any temporary marked license or extension of a temporary
license issued under this subsection.
(b) A suspension, revocation, or denial imposed under
this section, other than as a result of a breath or blood test
refusal, shall be stayed if the person is accepted for deferred
prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is
based. If the deferred prosecution is terminated, the stay shall
be lifted and the suspension, revocation, or denial reinstated.
If the deferred prosecution is completed, the stay shall be
lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a
stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to
the suspension, revocation, denial, or disqualification of a
person’s commercial driver’s license or privilege to operate a
commercial motor vehicle.
(11) When it has been finally determined under the procedures of this section that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, revoked,
or denied, the department shall give information in writing of
the action taken to the motor vehicle administrator of the state
of the person’s residence and of any state in which he or she
has a license. [2005 c 314 § 307; 2005 c 269 § 1. Prior: 2004
c 187 § 1; 2004 c 95 § 2; 2004 c 68 § 2; prior: 1999 c 331 §
2; 1999 c 274 § 2; prior: 1998 c 213 § 1; 1998 c 209 § 1; 1998
c 207 § 7; 1998 c 41 § 4; 1995 c 332 § 1; 1994 c 275 § 13;
1989 c 337 § 8; 1987 c 22 § 1; prior: 1986 c 153 § 5; 1986 c
64 § 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983 c 165 § 1; 1981
c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979 ex.s. c 136 § 59;
1979 c 158 § 151; 1975 1st ex.s. c 287 § 4; 1969 c 1 § 1 (Initiative Measure No. 242, approved November 5, 1968).]
Reviser’s note: This section was amended by 2005 c 269 § 1 and by
2005 c 314 § 307, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: "Sections 1, 5, 7, 8,
and 10 of this act take effect July 1, 2005." [2004 c 187 § 11.]
Contingent effect—2004 c 95 § 2: "Section 2 of this act takes effect if
section 2 of Substitute House Bill No. 3055 is enacted into law." [2004 c 95
§ 17.] 2004 c 68 § 2 was enacted into law, effective June 10, 2004.
Finding—Intent—2004 c 68: "The legislature finds that previous
attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death
caused by drinking drivers continue at unacceptable levels. This act is
intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
[Title 46 RCW—page 110]
To accomplish this goal, the legislature adopts standards governing the
admissibility of tests of a person’s blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the
delays caused by challenges to various breath test instrument components
and maintenance procedures. Such challenges, while allowed, will no longer
go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted
blood or breath test result.
The legislature’s authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington
Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027
(1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v.
Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [2004 c 68 § 1.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999."
[1998 c 213 § 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999."
[1998 c 209 § 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 332 § 23.]
Effective dates—1995 c 332: "This act shall take effect September 1,
1995, except for sections 13 and 22 of this act which are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 332 § 24.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that
previous attempts to curtail the incidence of driving while intoxicated have
been inadequate. The legislature further finds that property loss, injury, and
death caused by drinking drivers have reached unacceptable levels. This act
is intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment,
where appropriate, be in addition to and not in lieu of the sanctions to be
applied to all those convicted of driving while intoxicated." [1983 c 165 §
44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22,
24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986.
The remainder of chapter 165, Laws of 1983 is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983. The director of licensing may immediately take such steps as are
necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [1984 c 219 § 1; 1983 c 165 §
47.]
Severability—1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 165 § 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
46.20.308 Implied consent—Test refusal—Procedures. (Effective January 1, 2009.) (1) Any person who
46.20.308
(2008 Ed.)
Drivers’ Licenses—Identicards
operates a motor vehicle within this state is deemed to have
given consent, subject to the provisions of RCW 46.61.506,
to a test or tests of his or her breath or blood for the purpose
of determining the alcohol concentration or presence of any
drug in his or her breath or blood if arrested for any offense
where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or
was in actual physical control of a motor vehicle while under
the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section
precludes a police officer from obtaining a search warrant for
a person’s breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in
actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or any drug
or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those
instances where the person is incapable due to physical
injury, physical incapacity, or other physical limitation, of
providing a breath sample or where the person is being
treated in a hospital, clinic, doctor’s office, emergency medical vehicle, ambulance, or other similar facility or where the
officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).
The officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her
choosing as provided in RCW 46.61.506. The officer shall
warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver’s
license, permit, or privilege to drive will be revoked or denied
for at least one year; and
(b) If the driver refuses to take the test, the driver’s
refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver’s license, permit, or privilege to drive will
be suspended, revoked, or denied for at least ninety days if
the driver is age twenty-one or over and the test indicates the
alcohol concentration of the driver’s breath or blood is 0.08
or more, or if the driver is under age twenty-one and the test
indicates the alcohol concentration of the driver’s breath or
blood is 0.02 or more, or if the driver is under age twenty-one
and the driver is in violation of RCW 46.61.502 or 46.61.504;
and
(d) If the driver’s license, permit, or privilege to drive is
suspended, revoked, or denied the driver may be eligible to
immediately apply for an ignition interlock driver’s license.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide
as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest
for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which
arrest results from an accident in which there has been serious
bodily injury to another person, a breath or blood test may be
(2008 Ed.)
46.20.308
administered without the consent of the individual so
arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or tests
may be administered, subject to the provisions of RCW
46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings
under subsection (2) of this section, the person arrested
refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall
be given except as authorized under subsection (3) or (4) of
this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a
test or tests of the person’s blood or breath is administered
and the test results indicate that the alcohol concentration of
the person’s breath or blood is 0.08 or more if the person is
age twenty-one or over, or 0.02 or more if the person is under
the age of twenty-one, or the person refuses to submit to a
test, the arresting officer or other law enforcement officer at
whose direction any test has been given, or the department,
where applicable, if the arrest results in a test of the person’s
blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the
person’s license, permit, or privilege to drive as required by
subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the
steps he or she must take to obtain a hearing as provided by
subsection (8) of this section and that the person waives the
right to a hearing if he or she receives an ignition interlock
driver’s license;
(c) Mark the person’s Washington state driver’s license
or permit to drive, if any, in a manner authorized by the
department;
(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days
from the date of arrest or from the date notice has been given
in the event notice is given by the department following a
blood test, or until the suspension, revocation, or denial of the
person’s license, permit, or privilege to drive is sustained at a
hearing pursuant to subsection (8) of this section, whichever
occurs first. No temporary license is valid to any greater
degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and
transmit to the department within seventy-two hours, except
as delayed as the result of a blood test, a sworn report or
report under a declaration authorized by RCW 9A.72.085
that states:
(i) That the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical
control of a motor vehicle within this state while under the
influence of intoxicating liquor or drugs, or both, or was
under the age of twenty-one years and had been driving or
was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
[Title 46 RCW—page 111]
46.20.308
Title 46 RCW: Motor Vehicles
(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of
his or her blood or breath, or a test was administered and the
results indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person is age
twenty-one or over, or was 0.02 or more if the person is under
the age of twenty-one; and
(iii) Any other information that the director may require
by rule.
(7) The department of licensing, upon the receipt of a
sworn report or report under a declaration authorized by
RCW 9A.72.085 under subsection (6)(e) of this section, shall
suspend, revoke, or deny the person’s license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or
denial to be effective beginning sixty days from the date of
arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or
when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(8) A person receiving notification under subsection
(6)(b) of this section may, within twenty days after the notice
has been given, request in writing a formal hearing before the
department. The person shall pay a fee of two hundred dollars as part of the request. If the request is mailed, it must be
postmarked within twenty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required two hundred dollar fee,
the department shall afford the person an opportunity for a
hearing. The department may waive the required two hundred dollar fee if the person is an indigent as defined in RCW
10.101.010. Except as otherwise provided in this section, the
hearing is subject to and shall be scheduled and conducted in
accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that
all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.
The hearing shall be held within sixty days following the
arrest or following the date notice has been given in the event
notice is given by the department following a blood test,
unless otherwise agreed to by the department and the person,
in which case the action by the department shall be stayed,
and any valid temporary license marked under subsection
(6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope
of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual
physical control of a motor vehicle within this state while
having alcohol in his or her system in a concentration of 0.02
or more if the person was under the age of twenty-one,
whether the person was placed under arrest, and (a) whether
the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal
would result in the revocation of the person’s license, permit,
or privilege to drive, or (b) if a test or tests were administered,
whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether
the person submitted to the test or tests, or whether a test was
[Title 46 RCW—page 112]
administered without express consent as permitted under this
section, and whether the test or tests indicated that the alcohol
concentration of the person’s breath or blood was 0.08 or
more if the person was age twenty-one or over at the time of
the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or
report under a declaration authorized by RCW 9A.72.085
submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the
person had been driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor or drugs, or both, or the person had been
driving or was in actual physical control of a motor vehicle
within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of
twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue
subpoenas for the attendance of witnesses and the production
of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance
of a witness at the request of the person unless the request is
accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report
shall be admissible without further evidentiary foundation
and the certifications authorized by the criminal rules for
courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented
by counsel, may question witnesses, may present evidence,
and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained
after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied has the right to file a
petition in the superior court of the county of arrest to review
the final order of revocation by the department in the same
manner as an appeal from a decision of a court of limited
jurisdiction. Notice of appeal must be filed within thirty days
after the date the final order is served or the right to appeal is
waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or
other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with
obtaining the record of the hearing before the hearing officer.
The filing of the appeal does not stay the effective date of the
suspension, revocation, or denial. A petition filed under this
subsection must include the petitioner’s grounds for requesting review. Upon granting petitioner’s request for review,
the court shall review the department’s final order of suspension, revocation, or denial as expeditiously as possible. The
review must be limited to a determination of whether the
department has committed any errors of law. The superior
court shall accept those factual determinations supported by
substantial evidence in the record: (a) That were expressly
made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior
court may reverse, affirm, or modify the decision of the
department or remand the case back to the department for further proceedings. The decision of the superior court must be
(2008 Ed.)
Drivers’ Licenses—Identicards
in writing and filed in the clerk’s office with the other papers
in the case. The court shall state the reasons for the decision.
If judicial relief is sought for a stay or other temporary remedy from the department’s action, the court shall not grant
such relief unless the court finds that the appellant is likely to
prevail in the appeal and that without a stay the appellant will
suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10)(a) If a person whose driver’s license, permit, or
privilege to drive has been or will be suspended, revoked, or
denied under subsection (7) of this section, other than as a
result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred
prosecution under chapter 10.05 RCW, petitions a court for a
deferred prosecution on criminal charges arising out of the
arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of
licensing of the intent to seek such a deferred prosecution,
then the license suspension or revocation shall be stayed
pending entry of the deferred prosecution. The stay shall not
be longer than one hundred fifty days after the date charges
are filed, or two years after the date of the arrest, whichever
time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If
the person is otherwise eligible for licensing, the department
shall issue a temporary license, or extend any valid temporary
license marked under subsection (6) of this section, for the
period of the stay. If a deferred prosecution treatment plan is
not recommended in the report made under RCW 10.05.050,
or if treatment is rejected by the court, or if the person
declines to accept an offered treatment plan, or if the person
violates any condition imposed by the court, then the court
shall immediately direct the department to cancel the stay and
any temporary marked license or extension of a temporary
license issued under this subsection.
(b) A suspension, revocation, or denial imposed under
this section, other than as a result of a breath or blood test
refusal, shall be stayed if the person is accepted for deferred
prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is
based. If the deferred prosecution is terminated, the stay shall
be lifted and the suspension, revocation, or denial reinstated.
If the deferred prosecution is completed, the stay shall be
lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a
stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to
the suspension, revocation, denial, or disqualification of a
person’s commercial driver’s license or privilege to operate a
commercial motor vehicle.
(11) When it has been finally determined under the procedures of this section that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, revoked,
or denied, the department shall give information in writing of
the action taken to the motor vehicle administrator of the state
of the person’s residence and of any state in which he or she
has a license. [2008 c 282 § 2. Prior: 2005 c 314 § 307; 2005
c 269 § 1; prior: 2004 c 187 § 1; 2004 c 95 § 2; 2004 c 68 §
2; prior: 1999 c 331 § 2; 1999 c 274 § 2; prior: 1998 c 213 §
1; 1998 c 209 § 1; 1998 c 207 § 7; 1998 c 41 § 4; 1995 c 332
§ 1; 1994 c 275 § 13; 1989 c 337 § 8; 1987 c 22 § 1; prior:
(2008 Ed.)
46.20.308
1986 c 153 § 5; 1986 c 64 § 1; 1985 c 407 § 3; 1983 c 165 §
2; 1983 c 165 § 1; 1981 c 260 § 11; prior: 1979 ex.s. c 176 §
3; 1979 ex.s. c 136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c
287 § 4; 1969 c 1 § 1 (Initiative Measure No. 242, approved
November 5, 1968).]
Effective date—2008 c 282: "Sections 2, 4 through 8, and 11 through
14 of this act take effect January 1, 2009." [2008 c 282 § 23.]
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: "Sections 1, 5, 7, 8,
and 10 of this act take effect July 1, 2005." [2004 c 187 § 11.]
Contingent effect—2004 c 95 § 2: "Section 2 of this act takes effect if
section 2 of Substitute House Bill No. 3055 is enacted into law." [2004 c 95
§ 17.] 2004 c 68 § 2 was enacted into law, effective June 10, 2004.
Finding—Intent—2004 c 68: "The legislature finds that previous
attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death
caused by drinking drivers continue at unacceptable levels. This act is
intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the
admissibility of tests of a person’s blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the
delays caused by challenges to various breath test instrument components
and maintenance procedures. Such challenges, while allowed, will no longer
go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted
blood or breath test result.
The legislature’s authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington
Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027
(1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v.
Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [2004 c 68 § 1.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999."
[1998 c 213 § 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999."
[1998 c 209 § 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 332 § 23.]
Effective dates—1995 c 332: "This act shall take effect September 1,
1995, except for sections 13 and 22 of this act which are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 332 § 24.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that
previous attempts to curtail the incidence of driving while intoxicated have
been inadequate. The legislature further finds that property loss, injury, and
death caused by drinking drivers have reached unacceptable levels. This act
is intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment,
where appropriate, be in addition to and not in lieu of the sanctions to be
[Title 46 RCW—page 113]
46.20.3101
Title 46 RCW: Motor Vehicles
applied to all those convicted of driving while intoxicated." [1983 c 165 §
44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22,
24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986.
The remainder of chapter 165, Laws of 1983 is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983. The director of licensing may immediately take such steps as are
necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [1984 c 219 § 1; 1983 c 165 §
47.]
Severability—1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 165 § 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
46.20.3101 Implied consent—License sanctions,
length of. Pursuant to RCW 46.20.308, the department shall
suspend, revoke, or deny the arrested person’s license, permit, or privilege to drive as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal within seven years, where there has
not been a previous incident within seven years that resulted
in administrative action under this section, revocation or
denial for one year;
(b) For a second or subsequent refusal within seven
years, or for a first refusal where there has been one or more
previous incidents within seven years that have resulted in
administrative action under this section, revocation or denial
for two years or until the person reaches age twenty-one,
whichever is longer.
(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the
alcohol concentration of the person’s breath or blood was
0.08 or more:
(a) For a first incident within seven years, where there
has not been a previous incident within seven years that
resulted in administrative action under this section, suspension for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for two years.
(3) In the case of an incident where a person under age
twenty-one has submitted to or been administered a test or
tests indicating that the alcohol concentration of the person’s
breath or blood was 0.02 or more:
(a) For a first incident within seven years, suspension or
denial for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for one year or until the person
reaches age twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day
basis for any portion of a suspension, revocation, or denial
already served under this section for a suspension, revocation, or denial imposed under RCW 46.61.5055 arising out of
the same incident. [2004 c 95 § 4; 2004 c 68 § 3. Prior: 1998
c 213 § 2; 1998 c 209 § 2; 1998 c 207 § 8; 1995 c 332 § 3.]
46.20.3101
[Title 46 RCW—page 114]
Reviser’s note: This section was amended by 2004 c 68 § 3 and by
2004 c 95 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.20.311 Duration of license sanctions—Reissuance
or renewal. (1)(a) The department shall not suspend a
driver’s license or privilege to drive a motor vehicle on the
public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.267,
46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267,
46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic
infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and
thereafter maintains proof of financial responsibility for the
future as provided in chapter 46.29 RCW.
(c) If the suspension is the result of a nonfelony violation
of RCW 46.61.502 or 46.61.504, the department shall determine the person’s eligibility for licensing based upon the
reports provided by the alcoholism agency or probation
department designated under RCW 46.61.5056 and shall
deny reinstatement until enrollment and participation in an
approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation
of RCW 46.61.502(6) or 46.61.504(6), the department shall
determine the person’s eligibility for licensing based upon
the reports provided by the alcohol or drug dependency
agency required under RCW 46.61.524 and shall deny reinstatement until satisfactory progress in an approved program
has been established and the person is otherwise qualified. If
the suspension is the result of a violation of RCW 46.61.502
or 46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock, the department shall determine the
person’s eligibility for licensing based upon written verification by a company doing business in the state that it has
installed the required device on a vehicle owned or operated
by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department
determines that an interlock required under RCW 46.20.720
is no longer installed or functioning as required, the department shall suspend the person’s license or privilege to drive.
Whenever the license or driving privilege of any person is
suspended or revoked as a result of noncompliance with an
ignition interlock requirement, the suspension shall remain in
effect until the person provides notice issued by a company
doing business in the state that a vehicle owned or operated
by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance
46.20.311
(2008 Ed.)
Drivers’ Licenses—Identicards
with a child support order under chapter 74.20A RCW or a
residential or visitation order, the suspension shall remain in
effect until the person provides a release issued by the department of social and health services stating that the person is in
compliance with the order.
(e)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue
fee of seventy-five dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative
action under RCW 46.20.308, the reissue fee shall be one
hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a
motor vehicle on the public highways has been revoked,
unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege
renewed or restored until: (i) After the expiration of one year
from the date the license or privilege to drive was revoked;
(ii) after the expiration of the applicable revocation period
provided by RCW 46.20.3101 or 46.61.5055; (iii) after the
expiration of two years for persons convicted of vehicular
homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the
person may make application for a new license as provided
by law together with a reissue fee in the amount of seventyfive dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be
one hundred fifty dollars. If the revocation is the result of a
nonfelony violation of RCW 46.61.502 or 46.61.504, the
department shall determine the person’s eligibility for licensing based upon the reports provided by the alcoholism
agency or probation department designated under RCW
46.61.5056 and shall deny reissuance of a license, permit, or
privilege to drive until enrollment and participation in an
approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation
of RCW 46.61.502(6) or 46.61.504(6), the department shall
determine the person’s eligibility for licensing based upon
the reports provided by the alcohol or drug dependency
agency required under RCW 46.61.524 and shall deny reinstatement until satisfactory progress in an approved program
has been established and the person is otherwise qualified. If
the revocation is the result of a violation of RCW 46.61.502
or 46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical
device, the department shall determine the person’s eligibility for licensing based upon written verification by a company doing business in the state that it has installed the
required device on a vehicle owned or operated by the person
applying for a new license. If, following issuance of a new
license, the department determines, based upon notification
from the interlock provider or otherwise, that an interlock
required under RCW 46.20.720 is no longer functioning, the
department shall suspend the person’s license or privilege to
drive until the department has received written verification
from an interlock provider that a functioning interlock is
installed.
(2008 Ed.)
46.20.311
(c) Except for a revocation under RCW 46.20.265, the
department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant the privilege of driving a motor
vehicle on the public highways, and until the person gives
and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a
new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that
person the privilege of driving a motor vehicle on the public
highways.
(3)(a) Whenever the driver’s license of any person is suspended pursuant to Article IV of the nonresident violators
compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5),
the department shall not issue to the person any new or
renewal license until the person pays a reissue fee of seventyfive dollars.
(b) If the suspension is the result of a violation of the
laws of this or any other state, province, or other jurisdiction
involving (i) the operation or physical control of a motor
vehicle upon the public highways while under the influence
of intoxicating liquor or drugs, or (ii) the refusal to submit to
a chemical test of the driver’s blood alcohol content, the reissue fee shall be one hundred fifty dollars. [2006 c 73 § 15;
2005 c 314 § 308; 2004 c 95 § 3; 2003 c 366 § 2; 2001 c 325
§ 2; 2000 c 115 § 7; 1998 c 212 § 1; 1997 c 58 § 807; 1995 c
332 § 11; 1994 c 275 § 27; 1993 c 501 § 5; 1990 c 250 § 45;
1988 c 148 § 9. Prior: 1985 c 407 § 4; 1985 c 211 § 1; 1984
c 258 § 325; 1983 c 165 § 18; 1983 c 165 § 17; 1982 c 212 §
5; 1981 c 91 § 1; 1979 ex.s. c 136 § 60; 1973 1st ex.s. c 36 §
1; 1969 c 1 § 2 (Initiative Measure No. 242, approved
November 5, 1968); 1967 c 167 § 5; 1965 ex.s. c 121 § 27.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 115]
46.20.315
Title 46 RCW: Motor Vehicles
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
46.20.315
46.20.315 Surrender of license. The department upon
suspending or revoking a license shall require that such
license shall be surrendered to and be retained by the department. [1985 c 302 § 1; 1965 ex.s. c 121 § 28.]
46.20.317
46.20.317 Unlicensed drivers. The department is
hereby authorized to place any unlicensed person into a suspended or revoked status under any circumstances which
would have resulted in the suspension or revocation of the
driver’s license had that person been licensed. [1975-’76 2nd
ex.s. c 29 § 2. Formerly RCW 46.20.414.]
46.20.320
46.20.320 Suspension, etc., effective although certificate not delivered. Any suspension, revocation, or cancellation of a vehicle driver’s license shall be in effect notwithstanding the certificate itself is not delivered over or possession thereof obtained by a court, officer, or the director.
[1967 c 32 § 30; 1961 c 12 § 46.20.320. Prior: 1957 c 273 §
10; prior: 1937 c 188 § 66, part; RRS § 6312-66, part; 1923
c 122 § 1, part; 1921 c 108 § 9, part; RRS § 6371, part.]
(2) Has refused or neglected to submit to an examination
as required by RCW 46.20.305. [2005 c 288 § 6; 1965 ex.s.
c 121 § 31.]
Effective date—2005 c 288: See note following RCW 46.20.245.
46.20.325 Suspension or probation before interview—Alternative procedure. In the alternative to the procedure set forth in RCW 46.20.322 and 46.20.323 the department, whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways
requires such action, shall forthwith and without a driver
improvement interview suspend the privilege of a person to
operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a
motor vehicle. The department shall in such case, immediately notify such licensee in writing and upon his request
shall afford him an opportunity for a driver improvement
interview as early as practical within not to exceed seven
days after receipt of such request, or the department, at the
time it gives notice may set the date of a driver improvement
interview, giving not less than ten days’ notice thereof. [1965
ex.s. c 121 § 32.]
46.20.325
46.20.326 Failure to appear or request interview constitutes waiver—Procedure. Failure to appear for a driver
improvement interview at the time and place stated by the
department in its notice as provided in RCW 46.20.322 and
46.20.323 or failure to request a driver improvement interview within ten days as provided in RCW 46.20.325 constitutes a waiver of a driver improvement interview, and the
department may take action without such driver improvement
interview, or the department may, upon request of the person
whose privilege to drive may be affected, or at its own option,
re-open the case, take evidence, change or set aside any order
theretofore made, or grant a driver improvement interview.
[1990 c 250 § 46; 1965 ex.s. c 121 § 33.]
46.20.326
DRIVER IMPROVEMENT
46.20.322
46.20.322 Interview before suspension, etc.—Exceptions—Appearance of minor’s parent or guardian. (1)
Whenever the department proposes to suspend or revoke the
driving privilege of any person or proposes to impose terms
of probation on a person’s driving privilege or proposes to
refuse to renew a driver’s license, notice and an opportunity
for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324 and
46.20.325.
(2) Whenever the department proposes to suspend,
revoke, restrict, or condition a minor driver’s driving privilege the department may require the appearance of the
minor’s legal guardian or father or mother, otherwise the
parent or guardian having custody of the minor. [1979 c 61 §
10; 1973 1st ex.s. c 154 § 88; 1967 c 167 § 6; 1965 ex.s. c 121
§ 29.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
46.20.323
46.20.323 Notice of interview—Contents. The notice
shall contain a statement setting forth the proposed action and
the grounds therefor, and notify the person to appear for a
driver improvement interview not less than ten days from the
date notice is given. [1965 ex.s. c 121 § 30.]
46.20.324
46.20.324 Persons not entitled to interview or hearing. Unless otherwise provided by law, a person shall not be
entitled to a driver improvement interview or formal hearing
under the provisions of RCW 46.20.322 through 46.20.333
when the person:
(1) Has been granted the opportunity for an administrative review, informal settlement, or formal hearing under
RCW 46.20.245, 46.20.308, 46.25.120, 46.25.125,
46.65.065, 74.20A.320, or by rule of the department; or
[Title 46 RCW—page 116]
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.327 Conduct of interview—Referee—Evidence—Not deemed hearing. A driver improvement interview shall be conducted in a completely informal manner
before a driver improvement analyst sitting as a referee. The
applicant or licensee shall have the right to make or file a
written answer or statement in which he may controvert any
point at issue, and present any evidence or arguments for the
consideration of the department pertinent to the action taken
or proposed to be taken or the grounds therefor. The department may consider its records relating to the applicant or licensee. The driver improvement interview shall not be deemed
an agency hearing. [1965 ex.s. c 121 § 34.]
46.20.327
46.20.328 Findings and notification after interview—
Request for formal hearing. Upon the conclusion of a
driver improvement interview, the department’s referee shall
make findings on the matter under consideration and shall
notify the person involved in writing by personal service of
the findings. The referee’s findings shall be final unless the
person involved is notified to the contrary by personal service
or by certified mail within fifteen days. The decision is effective upon notice. The person upon receiving such notice may,
46.20.328
(2008 Ed.)
Drivers’ Licenses—Identicards
in writing and within ten days, request a formal hearing.
[1979 c 61 § 11; 1965 ex.s. c 121 § 35.]
Persons not entitled to formal hearing: RCW 46.20.324.
46.20.329 Formal hearing—Procedures, notice, stay.
Upon receiving a request for a formal hearing as provided in
RCW 46.20.328, the department shall fix a time and place for
hearing as early as may be arranged in the county where the
applicant or licensee resides, and shall give ten days’ notice
of the hearing to the applicant or licensee, except that the
hearing may be set for a different place with the concurrence
of the applicant or licensee and the period of notice may be
waived.
Any decision by the department suspending or revoking
a person’s driving privilege shall be stayed and shall not take
effect while a formal hearing is pending as herein provided or
during the pendency of a subsequent appeal to superior court:
PROVIDED, That this stay shall be effective only so long as
there is no conviction of a moving violation or a finding that
the person has committed a traffic infraction which is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order
setting aside the stay during the pendency of such appeal in
those cases where the action of the department is based upon
physical or mental incapacity, or a failure to successfully
complete an examination required by this chapter.
A formal hearing shall be conducted by the director or by
a person or persons appointed by the director from among the
employees of the department. [1982 c 189 § 4; 1981 c 67 §
28; 1979 ex.s. c 136 § 61; 1972 ex.s. c 29 § 1; 1965 ex.s. c
121 § 36.]
46.20.329
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.342
tion of the licensee or applicant. Proceedings at a formal
hearing shall be recorded stenographically or by mechanical
device. Upon the conclusion of a formal hearing, if not heard
by the director or a person authorized by him to make final
decisions regarding the issuance, denial, suspension or revocation of licenses, the referee or board shall make findings on
the matters under consideration and may prepare and submit
recommendations to the director or such person designated
by the director who is authorized to make final decisions
regarding the issuance, denial, suspension, or revocation of
licenses. [1972 ex.s. c 29 § 2; 1965 ex.s. c 121 § 37.]
46.20.333 Decision after formal hearing. In all cases
not heard by the director or a person authorized by him to
make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so
authorized shall review the records, evidence, and the findings after a formal hearing, and shall render a decision sustaining, modifying, or reversing the order of suspension or
revocation or the refusal to grant, or renew a license or the
order imposing terms or conditions of probation, or may set
aside the prior action of the department and may direct that
probation be granted to the applicant or licensee and in such
case may fix the terms and conditions of the probation. [1972
ex.s. c 29 § 3; 1965 ex.s. c 121 § 38.]
46.20.333
46.20.334 Appeal to superior court. Unless otherwise
provided by law, any person denied a license or a renewal of
a license or whose license has been suspended or revoked by
the department shall have the right within thirty days, after
receiving notice of the decision following a formal hearing to
file a notice of appeal in the superior court in the county of his
residence. The hearing on the appeal hereunder shall be de
novo. [2005 c 288 § 7; 1972 ex.s. c 29 § 4; 1965 ex.s. c 121
§ 39.]
46.20.334
Effective date—2005 c 288: See note following RCW 46.20.245.
46.20.335 Probation in lieu of suspension or revocation. Whenever by any provision of this chapter the department has discretionary authority to suspend or revoke the
privilege of a person to operate a motor vehicle, the department may in lieu of a suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, and upon such other reasonable terms and conditions as shall be deemed by the
department to be appropriate. [1965 ex.s. c 121 § 40.]
46.20.335
46.20.331 Hearing and decision by director’s designee. The director may appoint a designee, or designees, to
preside over hearings in adjudicative proceedings that may
result in the denial, restriction, suspension, or revocation of a
driver’s license or driving privilege, or in the imposition of
requirements to be met prior to issuance or reissuance of a
driver’s license, under Title 46 RCW. The director may delegate to any such designees the authority to render the final
decision of the department in such proceedings. Chapter
34.12 RCW shall not apply to such proceedings. [1989 c 175
§ 111; 1982 c 189 § 3.]
46.20.331
DRIVING OR USING LICENSE
WHILE SUSPENDED OR REVOKED
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
46.20.332 Formal hearing—Evidence—Subpoenas—
Reexamination—Findings and recommendations. At a
formal hearing the department shall consider its records and
may receive sworn testimony and may issue subpoenas for
the attendance of witnesses and the production of relevant
books and papers in the manner and subject to the conditions
provided in chapter 5.56 RCW relating to the issuance of subpoenas. In addition the department may require a reexamina46.20.332
(2008 Ed.)
46.20.338 Display or possession of invalidated license
or identicard. It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her
possession any canceled, revoked, or suspended driver’s
license or identicard. [1990 c 210 § 4.]
46.20.338
46.20.342 Driving while license invalidated—Penalties—Extension of invalidation. (Effective until January
1, 2009.) (1) It is unlawful for any person to drive a motor
vehicle in this state while that person is in a suspended or
46.20.342
[Title 46 RCW—page 117]
46.20.342
Title 46 RCW: Motor Vehicles
revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who
has a valid Washington driver’s license is not guilty of a violation of this section.
(a) A person found to be an habitual offender under
chapter 46.65 RCW, who violates this section while an order
of revocation issued under chapter 46.65 RCW prohibiting
such operation is in effect, is guilty of driving while license
suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be
punished by imprisonment for not less than ten days. Upon
the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third or
subsequent conviction, the person shall be punished by
imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW
46.61.502 or 46.61.504, when both convictions arise from the
same event, the minimum sentence of confinement shall be
not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from
petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in
effect and while the person is not eligible to reinstate his or
her driver’s license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is
guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection applies
when a person’s driver’s license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which
a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or
diversion unit as provided by RCW 46.20.265, relating to a
minor who has committed, or who has entered a diversion
unit concerning an offense relating to alcohol, legend drugs,
controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary
restricted driver’s license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in
case of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating to
attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or
drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to
reckless endangerment of roadway workers;
[Title 46 RCW—page 118]
(xiii) A conviction of RCW 46.61.530, relating to racing
of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of
motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to
attempting, aiding, abetting, coercing, and committing
crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation,
or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver’s license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to
comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a
notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has
failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or
revocation of the person’s driver’s license, (vi) the person has
been suspended or revoked by reason of one or more of the
items listed in (b) of this subsection, but was eligible to reinstate his or her driver’s license or driving privilege at the time
of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a
suspension under RCW 46.20.267 relating to intermediate
drivers’ licenses, or any combination of (i) through (vii), is
guilty of driving while license suspended or revoked in the
third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person
or upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile
under this section, the department shall:
(a) For a conviction of driving while suspended or
revoked in the first degree, as provided by subsection (1)(a)
of this section, extend the period of administrative revocation
imposed under chapter 46.65 RCW for an additional period
of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his
or her driving privilege restored; or
(b) For a conviction of driving while suspended or
revoked in the second degree, as provided by subsection
(1)(b) of this section, not issue a new license or restore the
driving privilege for an additional period of one year from
and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if
the conviction was under subsection (1)(c) of this section. If
the conviction was under subsection (1)(a) or (b) of this sec(2008 Ed.)
Drivers’ Licenses—Identicards
tion and the court recommends against the extension and the
convicted person has obtained a valid driver’s license, the
period of suspension or revocation shall not be extended.
[2004 c 95 § 5; 2001 c 325 § 3; 2000 c 115 § 8; 1999 c 274 §
3; 1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior:
1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302
§ 3; 1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62; 1979 ex.s.
c 74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 § 52; 1967 c
167 § 7; 1965 ex.s. c 121 § 43.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Expiration date—1987 c 388: "Sections 1 through 8
of this act shall take effect on July 1, 1988. The director of licensing shall
take such steps as are necessary to insure that this act is implemented on its
effective date. Sections 2 through 7 of this act shall expire on July 1, 1993."
[1987 c 388 § 13.]
Severability—1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 388 § 16.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
46.20.342 Driving while license invalidated—Penalties—Extension of invalidation. (Effective January 1,
2009.) (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked
status or when his or her privilege to drive is suspended or
revoked in this or any other state. Any person who has a valid
Washington driver’s license is not guilty of a violation of this
section.
(a) A person found to be an habitual offender under
chapter 46.65 RCW, who violates this section while an order
of revocation issued under chapter 46.65 RCW prohibiting
such operation is in effect, is guilty of driving while license
suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be
punished by imprisonment for not less than ten days. Upon
the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third or
subsequent conviction, the person shall be punished by
imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW
46.61.502 or 46.61.504, when both convictions arise from the
same event, the minimum sentence of confinement shall be
not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from
petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in
effect and while the person is not eligible to reinstate his or
her driver’s license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is
guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection applies
46.20.342
(2008 Ed.)
46.20.342
when a person’s driver’s license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which
a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or
diversion unit as provided by RCW 46.20.265, relating to a
minor who has committed, or who has entered a diversion
unit concerning an offense relating to alcohol, legend drugs,
controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver’s license, a
temporary restricted driver’s license, or an ignition interlock
driver’s license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in
case of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating to
attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or
drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to
reckless endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing
of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of
motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to
attempting, aiding, abetting, coercing, and committing
crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation,
or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver’s license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to
comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a
notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has
failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if commit[Title 46 RCW—page 119]
46.20.345
Title 46 RCW: Motor Vehicles
ted in this state, would not be grounds for the suspension or
revocation of the person’s driver’s license, (vi) the person has
been suspended or revoked by reason of one or more of the
items listed in (b) of this subsection, but was eligible to reinstate his or her driver’s license or driving privilege at the time
of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a
suspension under RCW 46.20.267 relating to intermediate
drivers’ licenses, or any combination of (i) through (vii), is
guilty of driving while license suspended or revoked in the
third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person
or upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile
under this section, the department shall:
(a) For a conviction of driving while suspended or
revoked in the first degree, as provided by subsection (1)(a)
of this section, extend the period of administrative revocation
imposed under chapter 46.65 RCW for an additional period
of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his
or her driving privilege restored; or
(b) For a conviction of driving while suspended or
revoked in the second degree, as provided by subsection
(1)(b) of this section, not issue a new license or restore the
driving privilege for an additional period of one year from
and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if
the conviction was under subsection (1)(c) of this section. If
the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the
convicted person has obtained a valid driver’s license, the
period of suspension or revocation shall not be extended.
[2008 c 282 § 4; 2004 c 95 § 5; 2001 c 325 § 3; 2000 c 115 §
8; 1999 c 274 § 3; 1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293
§ 6. Prior: 1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1;
1985 c 302 § 3; 1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62;
1979 ex.s. c 74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 §
52; 1967 c 167 § 7; 1965 ex.s. c 121 § 43.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2008 c 282: See note following RCW 46.20.308.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Expiration date—1987 c 388: "Sections 1 through 8
of this act shall take effect on July 1, 1988. The director of licensing shall
take such steps as are necessary to insure that this act is implemented on its
effective date. Sections 2 through 7 of this act shall expire on July 1, 1993."
[1987 c 388 § 13.]
Severability—1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 388 § 16.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
[Title 46 RCW—page 120]
46.20.345 Operation under other license or permit
while license suspended or revoked—Penalty. Any resident or nonresident whose driver’s license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a
motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise
during such suspension or after such revocation until a new
license is obtained when and as permitted under this chapter.
A person who violates the provisions of this section is guilty
of a gross misdemeanor. [1990 c 210 § 6; 1985 c 302 § 5;
1967 c 32 § 35; 1961 c 134 § 2. Formerly RCW 46.20.420.]
46.20.345
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.349 Stopping vehicle of suspended or revoked
driver. Any police officer who has received notice of the
suspension or revocation of a driver’s license from the
department of licensing, may, during the reported period of
such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the
person whose driver’s license has been suspended or
revoked. The driver of such vehicle shall display his driver’s
license upon request of the police officer. [1979 c 158 § 152;
1965 ex.s. c 170 § 47. Formerly RCW 46.20.430.]
46.20.349
46.20.355 Alcohol violator—Probationary license.
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt
of a notice of conviction of RCW 46.61.502 or 46.61.504, the
department of licensing shall order the person to surrender
any nonprobationary Washington state driver’s license that
may be in his or her possession. The department shall revoke
the license, permit, or privilege to drive of any person who
fails to surrender it as required by this section for one year,
unless the license has been previously surrendered to the
department, a law enforcement officer, or a court, or the person has completed an affidavit of lost, stolen, destroyed, or
previously surrendered license, such revocation to take effect
thirty days after notice is given of the requirement for license
surrender.
(2) The department shall place a person’s driving privilege in probationary status as required by RCW 10.05.060 or
46.61.5055 for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred
prosecution has been granted under RCW 10.05.060, or upon
reinstatement or reissuance of a driver’s license suspended or
revoked as the result of a conviction of RCW 46.61.502 or
46.61.504, the department shall require the person to obtain a
probationary license in order to operate a motor vehicle in the
state of Washington, except as otherwise exempt under RCW
46.20.025. The department shall not issue the probationary
license unless the person is otherwise qualified for licensing,
and the person must renew the probationary license on the
same cycle as the person’s regular license would have been
renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) For each original issue or renewal of a probationary
license under this section, the department shall charge a fee
of fifty dollars in addition to any other licensing fees
46.20.355
(2008 Ed.)
Drivers’ Licenses—Identicards
required. Except for when renewing a probationary license,
the department shall waive the requirement to obtain an additional probationary license and the fifty-dollar fee if the person has a probationary license in his or her possession at the
time a new probationary license is required.
(5) A probationary license shall enable the department
and law enforcement personnel to determine that the person
is on probationary status. The fact that a person’s driving
privilege is in probationary status or that the person has been
issued a probationary license shall not be a part of the person’s record that is available to insurance companies. [1998
c 209 § 3; 1998 c 41 § 5; 1995 1st sp.s. c 17 § 1; 1995 c 332
§ 4; 1994 c 275 § 8.]
Reviser’s note: This section was amended by 1998 c 41 § 5 and by
1998 c 209 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 209: See note following RCW 46.20.308.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1995 1st sp.s. c 17: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 17 § 3.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
IGNITION INTERLOCK, TEMPORARY RESTRICTED,
OCCUPATIONAL LICENSES
46.20.380
46.20.380 Fee. (Effective until January 1, 2009.) No
person may file an application for an occupational or a temporary restricted driver’s license as provided in RCW
46.20.391 unless he or she first pays to the director or other
person authorized to accept applications and fees for driver’s
licenses a fee of one hundred dollars. The applicant shall
receive upon payment an official receipt for the payment of
such fee. All such fees shall be forwarded to the director who
shall transmit such fees to the state treasurer in the same manner as other driver’s license fees. [2004 c 95 § 6; 1985 ex.s.
c 1 § 6; 1979 c 61 § 12; 1967 c 32 § 31; 1961 c 12 §
46.20.380. Prior: 1957 c 268 § 1.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.380
46.20.380 Fee. (Effective January 1, 2009.) No person
may file an application for an occupational driver’s license, a
temporary restricted driver’s license, or an ignition interlock
driver’s license as provided in RCW 46.20.391 and
46.20.385 unless he or she first pays to the director or other
person authorized to accept applications and fees for driver’s
licenses a fee of one hundred dollars. The applicant shall
receive upon payment an official receipt for the payment of
such fee. All such fees shall be forwarded to the director who
shall transmit such fees to the state treasurer in the same manner as other driver’s license fees. [2008 c 282 § 5; 2004 c 95
§ 6; 1985 ex.s. c 1 § 6; 1979 c 61 § 12; 1967 c 32 § 31; 1961
c 12 § 46.20.380. Prior: 1957 c 268 § 1.]
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
(2008 Ed.)
46.20.385
46.20.385 Ignition interlock driver’s license—Application—Eligibility—Cancellation—Costs—Rules. (1)(a)
Beginning January 1, 2009, any person licensed under this
chapter who is convicted of any offense involving the use,
consumption, or possession of alcohol while operating a
motor vehicle in violation of RCW 46.61.502 or 46.61.504,
other than vehicular homicide or vehicular assault, or who
has had or will have his or her license suspended, revoked, or
denied under RCW 46.20.3101, may submit to the department an application for an ignition interlock driver’s license.
The department, upon receipt of the prescribed fee and upon
determining that the petitioner is eligible to receive the
license, may issue an ignition interlock driver’s license.
(b) A person may apply for an ignition interlock driver’s
license anytime, including immediately after receiving the
notices under RCW 46.20.308 or after his or her license is
suspended, revoked, or denied. A person receiving an ignition interlock driver’s license waives his or her right to a
hearing or appeal under RCW 46.20.308.
(c) An applicant under this subsection shall provide
proof to the satisfaction of the department that a functioning
ignition interlock device has been installed on all vehicles
operated by the person.
(i) The department shall require the person to maintain
the device on all vehicles operated by the person and shall
restrict the person to operating only vehicles equipped with
the device, for the remainder of the period of suspension,
revocation, or denial. The installation of an ignition interlock
device is not necessary on vehicles owned by a person’s
employer and driven as a requirement of employment during
working hours. The person must provide the department with
a declaration pursuant to RCW 9A.72.085 from his or her
employer stating that the person’s employment requires the
person to operate a vehicle owned by the employer during
working hours.
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any
applicable compliance requirements under this chapter or
other law, an ignition interlock driver’s license granted upon
a suspension or revocation under RCW 46.61.5055 or
46.20.3101 extends through the remaining portion of any
concurrent or consecutive suspension or revocation that may
be imposed as the result of administrative action and criminal
conviction arising out of the same incident.
(iii) The time period during which the person is licensed
under this section shall apply on a day-for-day basis toward
satisfying the period of time the ignition interlock device
restriction is required under RCW 46.20.720 and 46.61.5055.
(2) An applicant for an ignition interlock driver’s license
who qualifies under subsection (1) of this section is eligible
to receive a license only if:
(a) Within seven years immediately preceding the date of
the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522; and
(b) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition
interlock driver’s license granted under this subsection no
longer has a functioning ignition interlock device installed on
46.20.385
[Title 46 RCW—page 121]
46.20.391
Title 46 RCW: Motor Vehicles
all vehicles operated by the driver, the director shall give
written notice by first-class mail to the driver that the ignition
interlock driver’s license shall be canceled. The effective
date of cancellation shall be fifteen days from the date of
mailing the notice. If at any time before the cancellation goes
into effect the driver submits evidence that a functioning
ignition interlock device has been installed on all vehicles
operated by the driver, the cancellation shall be stayed. If the
cancellation becomes effective, the driver may obtain, at no
additional charge, a new ignition interlock driver’s license
upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the
driver.
(4) A person aggrieved by the decision of the department
on the application for an ignition interlock driver’s license
may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock
driver’s license upon receipt of notice that the holder thereof
has been convicted of operating a motor vehicle in violation
of its restrictions, or of a separate offense that under this
chapter would warrant suspension or revocation of a regular
driver’s license. The cancellation is effective as of the date of
the conviction, and continues with the same force and effect
as any suspension or revocation under this title.
(6)(a) Unless costs are waived by the ignition interlock
company or the person is indigent under RCW 10.101.010,
the applicant shall pay the cost of installing, removing, and
leasing the ignition interlock device and shall pay an additional fee of twenty dollars per month. Payments shall be
made directly to the ignition interlock company. The company shall remit the additional twenty-dollar fee to the
department.
(b) The department shall deposit the proceeds of the
twenty-dollar fee into the ignition interlock device revolving
account. Expenditures from the account may be used only to
administer and operate the ignition interlock device revolving
account program. The department shall adopt rules to provide monetary assistance according to greatest need and
when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with
the administrative office of the courts, the state patrol, the
Washington association of sheriffs and police chiefs, ignition
interlock companies, and any other organization or entity the
department deems appropriate. [2008 c 282 § 9.]
46.20.391 Application—Eligibility—Restrictions—
Cancellation. (Effective until January 1, 2009.) (1)(a) Any
person licensed under this chapter who is convicted of an
offense relating to motor vehicles for which suspension or
revocation of the driver’s license is mandatory, other than
vehicular homicide or vehicular assault, or who has had his or
her license suspended, revoked, or denied under RCW
46.20.3101, may submit to the department an application for
a temporary restricted driver’s license. The department, upon
receipt of the prescribed fee and upon determining that the
petitioner is eligible to receive the license, may issue a temporary restricted driver’s license and may set definite restrictions as provided in RCW 46.20.394. No person may petition
for, and the department shall not issue, a temporary restricted
driver’s license that is effective during the first thirty days of
46.20.391
[Title 46 RCW—page 122]
any suspension or revocation imposed for a violation of
RCW 46.61.502 or 46.61.504 or, for a suspension, revocation, or denial imposed under RCW 46.20.3101, during the
required minimum portion of the periods of suspension, revocation, or denial established under (c) of this subsection.
(b) An applicant under this subsection whose driver’s
license is suspended or revoked for an alcohol-related offense
shall provide proof to the satisfaction of the department that a
functioning ignition interlock device has been installed on a
vehicle owned or operated by the person.
(i) The department shall require the person to maintain
such a device on a vehicle owned or operated by the person
and shall restrict the person to operating only vehicles
equipped with such a device, for the remainder of the period
of suspension, revocation, or denial.
(ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject
to any applicable compliance requirements under this chapter
or other law, a temporary restricted driver’s license granted
after a suspension or revocation under RCW 46.61.5055 or
46.20.3101 extends through the remaining portion of any
concurrent or consecutive suspension or revocation that may
be imposed as the result of administrative action and criminal
conviction arising out of the same incident.
(iii) The time period during which the person is licensed
under this section shall apply on a day-for-day basis toward
satisfying the period of time the ignition interlock device
restriction is required under RCW 46.20.720 (1) and (2) (a),
(b), and (c).
(c) The department shall provide by rule the minimum
portions of the periods of suspension, revocation, or denial
set forth in RCW 46.20.3101 after which a person may apply
for a temporary restricted driver’s license under this section.
In establishing the minimum portions of the periods of suspension, revocation, or denial, the department shall consider
the requirements of federal law regarding state eligibility for
grants or other funding, and shall establish such periods so as
to ensure that the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal
funding.
(2)(a) A person licensed under this chapter whose
driver’s license is suspended administratively due to failure
to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29
RCW; or for multiple violations within a specified period of
time under RCW 46.20.291, may apply to the department for
an occupational driver’s license.
(b) If the suspension is for failure to respond, pay, or
comply with a notice of traffic infraction or conviction, the
applicant must enter into a payment plan with the court.
(c) An occupational driver’s license issued to an applicant described in (a) of this subsection shall be valid for the
period of the suspension or revocation.
(3) An applicant for an occupational or temporary
restricted driver’s license who qualifies under subsection (1)
or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of
the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522; and
(2008 Ed.)
Drivers’ Licenses—Identicards
(b) The applicant demonstrates that it is necessary for
him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it
essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing
continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing
a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics
Anonymous that requires the petitioner to drive to or from the
treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled
in a WorkFirst program pursuant to chapter 74.08A RCW to
become gainfully employed and the program requires a
driver’s license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a
position in an apprenticeship or on-the-job training program
for which a driver’s license is required to begin the program,
provided that a license granted under this provision shall be
in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver’s license granted under this subsection is no
longer enrolled in an apprenticeship or on-the-job training
program, the director shall give written notice by first-class
mail to the driver that the occupational driver’s license shall
be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time
before the cancellation goes into effect the driver submits
evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective,
the driver may obtain, at no additional charge, a new occupational driver’s license upon submittal of evidence of enrollment in another program that meets the criteria set forth in
this subsection; and
(e) The department shall not issue an occupational
driver’s license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for
the applicant’s participation in the programs referenced under
(b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department
on the application for an occupational or temporary restricted
driver’s license may request a hearing as provided by rule of
the department.
(5) The director shall cancel an occupational or temporary restricted driver’s license upon receipt of notice that the
holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that
under chapter 46.20 RCW would warrant suspension or revocation of a regular driver’s license. The cancellation is effective as of the date of the conviction, and continues with the
same force and effect as any suspension or revocation under
this title. [2004 c 95 § 7. Prior: 1999 c 274 § 4; 1999 c 272
(2008 Ed.)
46.20.391
§ 1; prior: 1998 c 209 § 4; 1998 c 207 § 9; 1995 c 332 § 12;
1994 c 275 § 29; 1985 c 407 § 5; 1983 c 165 § 24; 1983 c 165
§ 23; 1983 c 164 § 4; 1979 c 61 § 13; 1973 c 5 § 1.]
Effective date—1999 c 272: "This act takes effect January 1, 2000."
[1999 c 272 § 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.391 Temporary restricted, occupational
licenses—Application—Eligibility—Restrictions—Cancellation. (Effective January 1, 2009.) (1) Any person
licensed under this chapter who is convicted of an offense
relating to motor vehicles for which suspension or revocation
of the driver’s license is mandatory, other than vehicular
homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual
physical control of a motor vehicle while under the influence
of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver’s
license. The department, upon receipt of the prescribed fee
and upon determining that the petitioner is eligible to receive
the license, may issue a temporary restricted driver’s license
and may set definite restrictions as provided in RCW
46.20.394.
(2)(a) A person licensed under this chapter whose
driver’s license is suspended administratively due to failure
to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29
RCW; or for multiple violations within a specified period of
time under RCW 46.20.291, may apply to the department for
an occupational driver’s license.
(b) If the suspension is for failure to respond, pay, or
comply with a notice of traffic infraction or conviction, the
applicant must enter into a payment plan with the court.
(c) An occupational driver’s license issued to an applicant described in (a) of this subsection shall be valid for the
period of the suspension or revocation.
(3) An applicant for an occupational or temporary
restricted driver’s license who qualifies under subsection (1)
or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of
the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522; and
(b) The applicant demonstrates that it is necessary for
him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it
essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing
continuing care to another who is dependent upon the applicant;
46.20.391
[Title 46 RCW—page 123]
46.20.394
Title 46 RCW: Motor Vehicles
(iii) Is enrolled in an educational institution and pursuing
a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics
Anonymous that requires the petitioner to drive to or from the
treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled
in a WorkFirst program pursuant to chapter 74.08A RCW to
become gainfully employed and the program requires a
driver’s license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a
position in an apprenticeship or on-the-job training program
for which a driver’s license is required to begin the program,
provided that a license granted under this provision shall be
in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver’s license granted under this subsection is no
longer enrolled in an apprenticeship or on-the-job training
program, the director shall give written notice by first-class
mail to the driver that the occupational driver’s license shall
be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time
before the cancellation goes into effect the driver submits
evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective,
the driver may obtain, at no additional charge, a new occupational driver’s license upon submittal of evidence of enrollment in another program that meets the criteria set forth in
this subsection; and
(e) The department shall not issue an occupational
driver’s license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for
the applicant’s participation in the programs referenced under
(b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department
on the application for an occupational or temporary restricted
driver’s license may request a hearing as provided by rule of
the department.
(5) The director shall cancel an occupational or temporary restricted driver’s license upon receipt of notice that the
holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that
under chapter 46.20 RCW would warrant suspension or revocation of a regular driver’s license. The cancellation is effective as of the date of the conviction, and continues with the
same force and effect as any suspension or revocation under
this title. [2008 c 282 § 6; 2004 c 95 § 7. Prior: 1999 c 274
§ 4; 1999 c 272 § 1; prior: 1998 c 209 § 4; 1998 c 207 § 9;
1995 c 332 § 12; 1994 c 275 § 29; 1985 c 407 § 5; 1983 c 165
§ 24; 1983 c 165 § 23; 1983 c 164 § 4; 1979 c 61 § 13; 1973
c 5 § 1.]
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 272: "This act takes effect January 1, 2000."
[1999 c 272 § 3.]
[Title 46 RCW—page 124]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.394 Detailed restrictions—Violation. In issuing
an occupational or a temporary restricted driver’s license
under RCW 46.20.391, the department shall describe the type
of qualifying circumstances for the license and shall set forth
in detail the specific hours of the day during which the person
may drive to and from his or her residence, which may not
exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes
over which the person may travel. In issuing an occupational
or temporary restricted driver’s license that meets the qualifying circumstance under RCW 46.20.391(3)(b)(iv), the
department shall set forth in detail the specific hours during
which the person may drive to and from substance abuse
treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license
may be used, and the general routes over which the person
may travel. These restrictions shall be prepared in written
form by the department, which document shall be carried in
the vehicle at all times and presented to a law enforcement
officer under the same terms as the occupational or temporary
restricted driver’s license. Any violation of the restrictions
constitutes a violation of RCW 46.20.342 and subjects the
person to all procedures and penalties therefor. [2004 c 95 §
8; 1999 c 272 § 2; 1983 c 165 § 26.]
46.20.394
Effective date—1999 c 272: See note following RCW 46.20.391.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.400 Obtaining new driver’s license—Surrender of order and current license. (Effective until January
1, 2009.) If an occupational or a temporary restricted driver’s
license is issued and is not revoked during the period for
which issued the licensee may obtain a new driver’s license at
the end of such period, but no new driver’s license may be
issued to such person until he or she surrenders his or her
occupational or temporary restricted driver’s license and his
or her copy of the order, and the director is satisfied that the
person complies with all other provisions of law relative to
the issuance of a driver’s license. [2004 c 95 § 9; 1967 c 32
§ 33; 1961 c 12 § 46.20.400. Prior: 1957 c 268 § 3.]
46.20.400
46.20.400 Obtaining new driver’s license—Surrender of order and current license. (Effective January 1,
2009.) If an occupational driver’s license, a temporary
restricted driver’s license, or an ignition interlock driver’s
license is issued and is not revoked during the period for
which issued the licensee may obtain a new driver’s license at
the end of such period, but no new driver’s license may be
issued to such person until he or she surrenders his or her
occupational driver’s license, temporary restricted driver’s
license, or ignition interlock driver’s license and his or her
46.20.400
(2008 Ed.)
Drivers’ Licenses—Identicards
copy of the order, and the director is satisfied that the person
complies with all other provisions of law relative to the issuance of a driver’s license. [2008 c 282 § 7; 2004 c 95 § 9;
1967 c 32 § 33; 1961 c 12 § 46.20.400. Prior: 1957 c 268 §
3.]
Effective date—2008 c 282: See note following RCW 46.20.308.
46.20.410 Penalty. (Effective until January 1, 2009.)
Any person convicted for violation of any restriction of an
occupational or a temporary restricted driver’s license shall
in addition to the immediate revocation of such license and
any other penalties provided by law be fined not less than
fifty nor more than two hundred dollars or imprisoned for not
more than six months or both such fine and imprisonment.
[2004 c 95 § 10; 1967 c 32 § 34; 1961 c 12 § 46.20.410.
Prior: 1957 c 268 § 4.]
46.20.410
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.410 Penalty. (Effective January 1, 2009.) Any
person convicted for violation of any restriction of an occupational driver’s license, a temporary restricted driver’s
license, or an ignition interlock driver’s license shall in addition to the immediate revocation of such license and any
other penalties provided by law be fined not less than fifty
nor more than two hundred dollars or imprisoned for not
more than six months or both such fine and imprisonment.
[2008 c 282 § 8; 2004 c 95 § 10; 1967 c 32 § 34; 1961 c 12 §
46.20.410. Prior: 1957 c 268 § 4.]
46.20.410
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2008 c 282: See note following RCW 46.20.308.
MOTORCYCLES
46.20.500 Special endorsement—Exceptions. (1) No
person may drive either a two-wheeled or a three-wheeled
motorcycle, or a motor-driven cycle unless such person has a
valid driver’s license specially endorsed by the director to
enable the holder to drive such vehicles.
(2) However, a person sixteen years of age or older,
holding a valid driver’s license of any class issued by the
state of the person’s residence, may operate a moped without
taking any special examination for the operation of a moped.
(3) No driver’s license is required for operation of an
electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not
operate an electric-assisted bicycle.
(4) No driver’s license is required to operate an electric
personal assistive mobility device or a power wheelchair.
(5) No driver’s license is required to operate a motorized
foot scooter. Motorized foot scooters may not be operated at
any time from a half hour after sunset to a half hour before
sunrise without reflectors of a type approved by the state
patrol. [2003 c 353 § 9; 2003 c 141 § 7; 2003 c 41 § 1; 2002
c 247 § 6; 1999 c 274 § 8; 1997 c 328 § 3; 1982 c 77 § 1; 1979
ex.s. c 213 § 6; 1967 c 232 § 1.]
46.20.500
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser’s note: This section was amended by 2003 c 41 § 1, 2003 c 141
§ 7, and by 2003 c 353 § 9, each without reference to the other. All amend(2008 Ed.)
46.20.510
ments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—2003 c 41: "This act shall be known as the Monty Lish
Memorial Act." [2003 c 41 § 6.]
Effective date—2003 c 41: "This act takes effect January 1, 2004."
[2003 c 41 § 7.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 77 § 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.505 Special endorsement fees. Every person
applying for a special endorsement of a driver’s license
authorizing such person to drive a two or three-wheeled
motorcycle or a motor-driven cycle shall pay a fee of five
dollars, which is not refundable. In addition, the endorsement fee for the initial motorcycle endorsement shall not
exceed ten dollars, and the subsequent renewal endorsement
fee shall not exceed twenty-five dollars, unless the endorsement is renewed or extended for a period other than five
years, in which case the subsequent renewal endorsement fee
shall not exceed five dollars for each year that the endorsement is renewed or extended. Fees collected under this section shall be deposited in the motorcycle safety education
account of the highway safety fund. [2007 c 97 § 1; 2003 c
41 § 2; 2002 c 352 § 16; 2001 c 104 § 1. Prior: 1999 c 308 §
5; 1999 c 274 § 9; 1993 c 115 § 1; 1989 c 203 § 2; 1988 c 227
§ 5; 1987 c 454 § 2; 1985 ex.s. c 1 § 8; 1982 c 77 § 2; 1979 c
158 § 153; 1967 ex.s. c 145 § 50.]
46.20.505
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—1988 c 227: See RCW 46.81A.900.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Motorcycle safety education account: RCW 46.68.065.
46.20.510 Instruction permit—Fee. (1) Motorcycle
instruction permit. A person holding a valid driver’s license
who wishes to learn to ride a motorcycle may apply for a
motorcycle instruction permit. The department may issue a
motorcycle instruction permit after the applicant has successfully passed all parts of the motorcycle examination other
than the driving test. The director shall collect a fee of fifteen
dollars for the motorcycle instruction permit or renewal, and
deposit the fee in the motorcycle safety education account of
the highway safety fund.
(2) Effect of motorcycle instruction permit. A person
holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate
possession of the permit and a valid driver’s license. An individual with a motorcyclist’s instruction permit may not carry
passengers and may not operate a motorcycle during the
hours of darkness.
46.20.510
[Title 46 RCW—page 125]
46.20.515
Title 46 RCW: Motor Vehicles
(3) Term of motorcycle instruction permit. A motorcycle instruction permit is valid for ninety days from the date
of issue.
(a) The department may issue one additional ninety-day
permit.
(b) The department may issue a third motorcycle instruction permit if it finds after an investigation that the permittee
is diligently seeking to improve driving proficiency. [2002 c
352 § 17; 1999 c 274 § 10; 1999 c 6 § 25; 1989 c 337 § 9;
1985 ex.s. c 1 § 9; 1985 c 234 § 3; 1982 c 77 § 3.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.515 Examination—Emphasis—Waiver. The
motorcycle endorsement examination must emphasize
maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an
impending collision. The examination for a two-wheeled
motorcycle endorsement and the examination for a threewheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers
necessary to operate each type of motorcycle. The department may waive all or part of the examination for persons
who satisfactorily complete the voluntary motorcycle operator training and education program authorized under RCW
46.20.520 or who satisfactorily complete a private motorcycle skills education course that has been certified by the
department under RCW 46.81A.020. [2003 c 41 § 3; 2002 c
197 § 1; 2001 c 104 § 2; 1999 c 274 § 11; 1982 c 77 § 4.]
46.20.515
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.520 Training and education program—Advisory board. (1) The director of licensing shall use moneys
designated for the motorcycle safety education account of the
highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program.
The director may contract with public and private entities to
implement this program.
(2) There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program.
The board shall monitor this program following implementation and report to the director of licensing as necessary with
recommendations including, but not limited to, administration, application, and substance of the motorcycle operator
training and education program.
The board shall consist of five members appointed by the
director of licensing. Three members of the board, one of
whom shall be appointed chairperson, shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety
education. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years
experience and at least one year cumulative experience as a
motorcycle officer. One member shall be a member of the
public. The term of appointment shall be two years. The
46.20.520
[Title 46 RCW—page 126]
board shall meet at the call of the director, but not less than
two times annually and not less than five times during its
term of appointment, and shall receive no compensation for
services but shall be reimbursed for travel expenses while
engaged in business of the board in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended.
(3) The priorities of the program shall be in the following
order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by
public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing. [1998 c 245 §
89; 1987 c 454 § 3; 1982 c 77 § 5.]
Severability—1982 c 77: See note following RCW 46.20.500.
ALCOHOL DETECTION DEVICES
46.20.710 Legislative finding. The legislature finds
and declares:
(1) There is a need to reduce the incidence of drivers on
the highways and roads of this state who, because of their
use, consumption, or possession of alcohol, pose a danger to
the health and safety of other drivers;
(2) One method of dealing with the problem of drinking
drivers is to discourage the use of motor vehicles by persons
who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide
a means of deterring the use of motor vehicles by persons
who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical
devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after
using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an
ignition interlock or other biological or technical device
installed in a motor vehicle in such a manner that the vehicle
will not start if the operator has recently consumed alcohol.
[1994 c 275 § 21; 1987 c 247 § 1.]
46.20.710
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.720 Drivers convicted of alcohol offenses.
(Effective until January 1, 2009.) (1) The court may order
that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use,
consumption, or possession of alcohol while operating a
motor vehicle may drive only a motor vehicle equipped with
a functioning ignition interlock. The court shall establish a
specific calibration setting at which the interlock will prevent
the vehicle from being started. The court shall also establish
the period of time for which interlock use will be required.
(2) The department shall require that, after any applicable period of suspension, revocation, or denial of driving
privileges, a person may drive only a motor vehicle equipped
with a functioning ignition interlock device if the person is
convicted of an alcohol-related violation of RCW 46.61.502
or 46.61.504 or an equivalent local ordinance.
46.20.720
(2008 Ed.)
Drivers’ Licenses—Identicards
The department may waive the requirement for the use
of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person’s employer and driven as
a requirement of employment during working hours.
The ignition interlock device shall be calibrated to prevent the motor vehicle from being started when the breath
sample provided has an alcohol concentration of 0.025 or
more. The period of time of the restriction will be as follows:
(a) For a person who has not previously been restricted
under this section, a period of one year;
(b) For a person who has previously been restricted
under (a) of this subsection, a period of five years;
(c) For a person who has previously been restricted
under (b) of this subsection, a period of ten years. [2004 c 95
§ 11; 2003 c 366 § 1; 2001 c 247 § 1; 1999 c 331 § 3; 1998 c
210 § 2; 1997 c 229 § 8; 1994 c 275 § 22; 1987 c 247 § 2.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary
Johnsen Act." [1998 c 210 § 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a
privilege and that the state may restrict that privilege in the interests of public
safety. One such reasonable restriction is requiring certain individuals, if
they choose to drive, to drive only vehicles equipped with ignition interlock
devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices
be paid for by the drivers using them and that neither the state nor entities of
local government provide any public funding for this purpose." [1998 c 210
§ 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999."
[1998 c 210 § 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.720 Drivers convicted of alcohol offenses.
(Effective January 1, 2009.) (1) The court may order that
after a period of suspension, revocation, or denial of driving
privileges, and for up to as long as the court has jurisdiction,
any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor
vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific
calibration setting at which the interlock will prevent the
vehicle from being started. The court shall also establish the
period of time for which interlock use will be required.
(2) Under RCW 46.61.5055, 10.05.020, or *section 18 of
this act, the court shall order any person convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an
equivalent local ordinance or participating in a deferred prosecution program under RCW 10.05.020 or *section 18 of this
act for an alcohol-related violation of RCW 46.61.502 or
46.61.504 or an equivalent local ordinance to apply for an
ignition interlock driver’s license from the department under
RCW 46.20.385 and to have a functioning ignition interlock
device installed on all motor vehicles operated by the person.
(3) The department shall require that, after any applicable period of suspension, revocation, or denial of driving
privileges, a person may drive only a motor vehicle equipped
with a functioning ignition interlock device if the person is
convicted of an alcohol-related violation of RCW 46.61.502
or 46.61.504 or an equivalent local ordinance.
46.20.720
(2008 Ed.)
46.20.740
The department may waive the requirement for the use
of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person’s employer and driven as
a requirement of employment during working hours. The
person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that
the person’s employment requires the person to operate a
vehicle owned by the employer during working hours.
The ignition interlock device shall be calibrated to prevent the motor vehicle from being started when the breath
sample provided has an alcohol concentration of 0.025 or
more. The period of time of the restriction will be as follows:
(a) For a person who has not previously been restricted
under this section, a period of one year;
(b) For a person who has previously been restricted
under (a) of this subsection, a period of five years;
(c) For a person who has previously been restricted
under (b) of this subsection, a period of ten years. [2008 c
282 § 12; 2004 c 95 § 11; 2003 c 366 § 1; 2001 c 247 § 1;
1999 c 331 § 3; 1998 c 210 § 2; 1997 c 229 § 8; 1994 c 275 §
22; 1987 c 247 § 2.]
*Reviser’s note: Section 18 of this act was vetoed by the governor.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary
Johnsen Act." [1998 c 210 § 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a
privilege and that the state may restrict that privilege in the interests of public
safety. One such reasonable restriction is requiring certain individuals, if
they choose to drive, to drive only vehicles equipped with ignition interlock
devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices
be paid for by the drivers using them and that neither the state nor entities of
local government provide any public funding for this purpose." [1998 c 210
§ 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999."
[1998 c 210 § 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.740 Notation on driving record—Verification
of interlock—Penalty. (Effective until January 1, 2009.)
(1) The department shall attach or imprint a notation on the
driving record of any person restricted under RCW 46.20.720
stating that the person may operate only a motor vehicle
equipped with a functioning ignition interlock device. The
department shall determine the person’s eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a
vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider
or otherwise, the department determines that an ignition
interlock required under this section is no longer installed or
functioning as required, the department shall suspend the person’s license or privilege to drive. Whenever the license or
driving privilege of any person is suspended or revoked as a
result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person
provides notice issued by a company doing business in the
46.20.740
[Title 46 RCW—page 127]
46.20.740
Title 46 RCW: Motor Vehicles
state that a vehicle owned or operated by the person is
equipped with a functioning ignition interlock device.
(2) It is a misdemeanor for a person with such a notation
on his or her driving record to operate a motor vehicle that is
not so equipped. [2004 c 95 § 12; 2001 c 55 § 1; 1997 c 229
§ 10; 1994 c 275 § 24; 1987 c 247 § 4.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.740 Notation on driving record—Verification
of interlock—Penalty. (Effective January 1, 2009.) (1)
The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720 or
46.61.5055 stating that the person may operate only a motor
vehicle equipped with a functioning ignition interlock device.
The department shall determine the person’s eligibility for
licensing based upon written verification by a company doing
business in the state that it has installed the required device
on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition
interlock required under this section is no longer installed or
functioning as required, the department shall suspend the person’s license or privilege to drive. Whenever the license or
driving privilege of any person is suspended or revoked as a
result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person
provides notice issued by a company doing business in the
state that a vehicle owned or operated by the person is
equipped with a functioning ignition interlock device.
(2) It is a misdemeanor for a person with such a notation
on his or her driving record to operate a motor vehicle that is
not so equipped. [2008 c 282 § 13; 2004 c 95 § 12; 2001 c 55
§ 1; 1997 c 229 § 10; 1994 c 275 § 24; 1987 c 247 § 4.]
46.20.740
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that
are required to be installed in the targeted county and the
number of ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly
violating ignition interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington
traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required
to have an ignition interlock driver’s license under *RCW
46.20.385. [2008 c 282 § 10.]
*Reviser’s note: The reference to RCW 46.20.385 appears to be erroneous. A reference to RCW 46.20.720 was apparently intended.
46.20.750 Circumventing ignition interlock—Penalty. (1) A person who is restricted to the use of a vehicle
equipped with an ignition interlock device and who tampers
with the device or directs, authorizes, or requests another to
tamper with the device, in order to circumvent the device by
modifying, detaching, disconnecting, or otherwise disabling
it, is guilty of a gross misdemeanor.
(2) A person who knowingly assists another person who
is restricted to the use of a vehicle equipped with an ignition
interlock device to circumvent the device or to start and operate that vehicle in violation of a court order is guilty of a gross
misdemeanor. The provisions of this subsection do not apply
if the starting of a motor vehicle, or the request to start a
motor vehicle, equipped with an ignition interlock device is
done for the purpose of safety or mechanical repair of the
device or the vehicle and the person subject to the court order
does not operate the vehicle. [2005 c 200 § 2; 1994 c 275 §
25; 1987 c 247 § 5.]
46.20.750
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.745 Ignition interlock device revolving account
program—Pilot program. (1) The ignition interlock device
revolving account program is created within the department
to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable
licensing, for indigent persons who are required under *RCW
46.20.385 and 46.61.5055 to install an ignition interlock
device in all vehicles owned or operated by the person. For
purposes of this subsection, "indigent" has the same meaning
as in RCW 10.101.010, as determined by the department.
(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of
monitoring compliance by persons required to use ignition
interlock devices and by ignition interlock companies and
vendors.
(3) The department, the state patrol, and the Washington
traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from
eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
46.20.900 Repeal and saving. Section 46.20.010,
chapter 12, Laws of 1961 and RCW 46.20.010, section
46.20.020, chapter 12, Laws of 1961 as amended by section
1, chapter 134, Laws of 1961 and RCW 46.20.020, section
46.20.030, chapter 12, Laws of 1961 as amended by section
12, chapter 39, Laws of 1963 and RCW 46.20.030, section
46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060,
sections 46.20.080 through 46.20.090, chapter 12, Laws of
1961 and RCW 46.20.080 through 46.20.090, section
46.20.110, chapter 12, Laws of 1961 as last amended by section 10, chapter 39, Laws of 1963 and RCW 46.20.110, sections 46.20.140 through 46.20.180, chapter 12, Laws of 1961
and RCW 46.20.140 through 46.20.180, section 46.20.210,
chapter 12, Laws of 1961 and RCW 46.20.210, sections
46.20.230 through 46.20.250, chapter 12, Laws of 1961 and
RCW 46.20.230 through 46.20.250, section 46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280, section 46.20.290,
chapter 12, Laws of 1961 and RCW 46.20.290, section
46.20.310, chapter 12, Laws of 1961 and RCW 46.20.310,
and section 46.20.330, chapter 12, Laws of 1961 and RCW
46.20.330; section 46.20.350, chapter 12, Laws of 1961 and
46.20.745
[Title 46 RCW—page 128]
MISCELLANEOUS
46.20.900
(2008 Ed.)
Driver License Compact
RCW 46.20.350; section 46.20.360, chapter 12, Laws of
1961 and RCW 46.20.360 are each hereby repealed. Such
repeals shall not be construed as affecting any existing right
acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or
order promulgated thereunder, nor any administrative action
taken thereunder. [1965 ex.s. c 121 § 46.]
46.20.910 Severability—1965 ex.s. c 121. If any provision of this 1965 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of this
1965 amendatory act, or the application of the provision to
other persons or circumstances is not affected. [1965 ex.s. c
121 § 47.]
46.20.910
46.20.911 Severability, implied consent law—1969 c
1. If any provision of RCW 46.20.308, 46.20.311, and
46.61.506 or its application to any person or circumstance is
held invalid, the remainder of RCW 46.20.308, 46.20.311,
and 46.61.506, or the application of the provision to other
persons or circumstances is not affected. [1990 c 250 § 49;
1969 c 1 § 6 (Initiative Measure No. 242, approved November 5, 1968).]
46.20.911
Severability—1990 c 250: See note following RCW 46.16.301.
46.21.010
(2) Make the reciprocal recognition of licenses to drive
and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license
by reason of which the licensee is authorized or permitted to
operate a motor vehicle in any of the party states.
ARTICLE II—Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and
has the power to suspend or revoke the use of the license or
permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense
related to the use or operation of a motor vehicle which is
prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other
security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing
authority.
ARTICLE III—Reports of Conviction
Chapter 46.21
Chapter 46.21 RCW
DRIVER LICENSE COMPACT
Sections
46.21.010
46.21.020
46.21.030
46.21.040
Compact enacted—Provisions.
"Licensing authority" defined—Duty to furnish information.
Expenses of compact administrator.
"Executive head" defined.
46.21.010 Compact enacted—Provisions. The driver
license compact prepared pursuant to resolutions of the western governors’ conference and the western interstate committee on highway policy problems of the council of state governments is hereby entered into and enacted into law, the
terms and provisions of which shall be as follows:
46.21.010
DRIVER LICENSE COMPACT
ARTICLE I—Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially
affected by the degree of compliance with state laws and
local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that
the violator engages in conduct which is likely to endanger
the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to
the operation of motor vehicles, in whichever jurisdiction the
vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2008 Ed.)
The licensing authority of a party state shall report each
conviction of a person from another party state occurring
within its jurisdiction to the licensing authority of the home
state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of
the statute, code or ordinance violated; identify the court in
which action was taken; indicate whether a plea of guilty or
not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond or other security; and shall include
any special findings made in connection therewith.
ARTICLE IV—Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to
operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it
would if such conduct had occurred in the home state, in the
case of convictions for:
(1) Vehicular homicide;
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor
vehicle accident resulting in the death or personal injury of
another.
(b) If the laws of a party state do not provide for offenses
or violations denominated or described in precisely the words
employed in subdivision (a) of this Article, such party state
shall construe the denominations and descriptions appearing
in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar
[Title 46 RCW—page 129]
46.21.020
Title 46 RCW: Motor Vehicles
nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and
effect is given to this Article.
ARTICLE V—Applications for New Licenses
Upon application for a license to drive, the licensing
authority in a party state shall ascertain whether the applicant
has ever held, or is the holder of a license to drive issued by
any other party state. The licensing authority in the state
where application is made shall not issue a license to drive to
the applicant if:
(1) The applicant has held such a license, but the same
has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same
has been revoked by reason, in whole or in part, of a violation
and if such revocation has not terminated, except that after
the expiration of one year from the date the license was
revoked, such person may make application for a new license
if permitted by law. The licensing authority may refuse to
issue a license to any such applicant if, after investigation, the
licensing authority determines that it will not be safe to grant
to such person the privilege of driving a motor vehicle on the
public highways.
(3) The applicant is the holder of a license to drive issued
by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI—Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the
right of any party state to apply any of its other laws relating
to licenses to drive to any person or circumstance, nor to
invalidate or prevent any driver license agreement or other
cooperative arrangement between a party state and a nonparty state.
ARTICLE VII—Compact Administrator and
Interchange of Information
(a) The head of the licensing authority of each party state
shall be the administrator of this compact for his state. The
administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of
information under this compact.
(b) The administrator of each party state shall furnish to
the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of this compact.
ARTICLE IX—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
[1983 c 164 § 5; 1963 c 120 § 1.]
46.21.020 "Licensing authority" defined—Duty to
furnish information. As used in the compact, the term
"licensing authority" with reference to this state, shall mean
the department of licensing. Said department shall furnish to
the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the
administration of Articles III, IV, and V of the compact.
[1979 c 158 § 154; 1967 c 32 § 36; 1963 c 120 § 2.]
46.21.020
46.21.030 Expenses of compact administrator. The
compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on
account of his service as such administrator, but shall be entitled to expenses incurred in connection with his duties and
responsibilities as such administrator, in the same manner as
for expenses incurred in connection with any other duties or
responsibilities of his office or employment. [1963 c 120 §
3.]
46.21.030
46.21.040 "Executive head" defined. As used in the
compact, with reference to this state, the term "executive
head" shall mean governor. [1963 c 120 § 4.]
46.21.040
Chapter 46.23 RCW
Chapter 46.23
NONRESIDENT VIOLATOR COMPACT
Sections
46.23.010
46.23.020
46.23.050
Compact established—Provisions.
Reciprocal agreements authorized—Provisions.
Rules.
46.23.010 Compact established—Provisions. The
nonresident violator compact, hereinafter called "the compact," is hereby established in the form substantially as follows, and the Washington state department of licensing is
authorized to enter into such compact with all other jurisdictions legally joining therein:
46.23.010
ARTICLE VIII—Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until six months after the executive head of
the withdrawing state has given notice of the withdrawal to
the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing
authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
[Title 46 RCW—page 130]
NONRESIDENT VIOLATOR COMPACT
Article I — Findings, Declaration of Policy, and
Purpose
(a) The party jurisdictions find that:
(2008 Ed.)
Nonresident Violator Compact
(1) In most instances, a motorist who is cited for a traffic
violation in a jurisdiction other than his home jurisdiction:
Must post collateral or bond to secure appearance for trial at
a later date; or if unable to post collateral or bond, is taken
into custody until the collateral or bond is posted; or is taken
directly to court for his trial to be held.
(2) In some instances, the motorist’s driver’s license may
be deposited as collateral to be returned after he has complied
with the terms of the citation.
(3) The purpose of the practices described in paragraphs
(1) and (2) above is to ensure compliance with the terms of a
traffic citation by the motorist who, if permitted to continue
on his way after receiving the traffic citation, could return to
him [his] home jurisdiction and disregard his duty under the
terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home
jurisdiction is permitted, except for certain violations, to
accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising
or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above, causes
unnecessary inconvenience and, at times, a hardship for the
motorist who is unable at the time to post collateral, furnish a
bond, stand trial, or pay the fine, and thus is compelled to
remain in custody until some arrangement can be made.
(6) The deposit of a driver’s license as a bail bond, as
described in paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue
amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain
violations and proceed on their way without delay whether or
not the motorist is a resident of the jurisdiction in which the
citation was issued.
(3) Extend cooperation to its fullest extent among the
jurisdictions for obtaining compliance with the terms of a
traffic citation issued in one jurisdiction to a resident of
another jurisdiction.
(4) Maximize effective utilization of law enforcement
personnel and assist court systems in the efficient disposition
of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the
policies enumerated in paragraph (b) above in a uniform and
orderly manner.
(2) Provide for the fair and impartial treatment of traffic
violators operating within party jurisdictions in recognition
of the motorist’s right of due process and the sovereign status
of a party jurisdiction.
Article II — Definitions
As used in the compact, the following words have the
meaning indicated, unless the context requires otherwise.
(1) "Citation" means any summons, ticket, notice of
infraction, or other official document issued by a police
officer for a traffic offense containing an order which
requires the motorist to respond.
(2008 Ed.)
46.23.010
(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance
by a police officer of a citation for a traffic offense.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver’s license" means any license or privilege to
operate a motor vehicle issued under the laws of the home
jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that
issued the driver’s license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which
the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession
of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a
motorist made at the time of issuance of the traffic citation
that he will comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by
the party jurisdiction to issue a citation for a traffic offense.
(11) "Terms of the citation" means those options
expressly stated upon the citation.
Article III — Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation or
infraction, a police officer shall issue the citation to a motorist who possesses a driver’s license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral
to secure appearance, if the officer receives the motorist’s
personal recognizance that he or she will comply with the
terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must
take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms
of a traffic citation, the appropriate official shall report the
failure to comply to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be
made in accordance with procedures specified by the issuing
jurisdiction and insofar as practical shall contain information
as specified in the compact manual as minimum requirements
for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of
the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in
a form and content substantially conforming to the compact
manual.
(e) The licensing authority of the issuing jurisdiction
may not suspend the privilege of a motorist for whom a report
has been transmitted.
(f) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the
traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation where the date of
issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
[Title 46 RCW—page 131]
46.23.010
Title 46 RCW: Motor Vehicles
Article IV — Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from
the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the
home jurisdiction’s procedures, to suspend the motorist’s
driver’s license until satisfactory evidence of compliance
with the terms of the traffic citation has been furnished to the
home jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall
maintain a record of actions taken and make reports to issuing
jurisdictions as provided in the compact manual.
Article V — Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the
right of any party jurisdiction to apply any of its other laws
relating to licenses to drive to any person or circumstance, or
to invalidate or prevent any driver license agreement or other
cooperative arrangement between a party jurisdiction and a
nonparty jurisdiction.
Article VI — Compact Administrator Procedures
(a) For the purpose of administering the provisions of
this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a
board of compact administrators is established. The board
shall be composed of one representative from each party
jurisdiction to be known as the compact administrator. The
compact administrator shall be appointed by the jurisdiction
executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties
and the performance of his functions as a board member by
an alternate. An alternate may not be entitled to serve unless
written notification of his identity has been given to the
board.
(b) Each member of the board of compact administrators
shall be entitled to one vote. No action of the board shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the board are cast in favor. Action by
the board shall be only at a meeting at which a majority of the
party jurisdictions are represented.
(c) The board shall elect annually, from its membership,
a chairman and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with
the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power
to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and
functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the
United States, or any other governmental agency, and may
receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or
personnel from, any governmental or intergovernmental
agency, person, firm, or corporation, or any private nonprofit
organization or institution.
[Title 46 RCW—page 132]
(g) The board shall formulate all necessary procedures
and develop uniform forms and documents for administering
the provisions of this compact. All procedures and forms
adopted pursuant to board action shall be contained in the
compact manual.
Article VII — Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been
adopted by at least two jurisdictions.
(b) Entry into the compact shall be made by a resolution
of ratification executed by the department of licensing and
submitted to the chairman of the board. The resolution shall
be in a form and content as provided in the compact manual
and shall include statements that in substance are as follows:
(1) A citation of the authority by which the jurisdiction is
empowered to become a party to this compact.
(2) Agreement to comply with the terms and provisions
of the compact.
(3) That compact entry is with all jurisdictions then party
to the compact and with any jurisdiction that legally becomes
a party to the compact.
(c) The effective date of entry shall be specified by the
applying jurisdiction, but it shall not be less than sixty days
after notice has been given by the chairman of the board of
compact administrators or by the secretariat of the board to
each party jurisdiction that the resolution from the applying
jurisdiction has been received.
(d) A party jurisdiction may withdraw from this compact
by official written notice to the other party jurisdictions, but a
withdrawal shall not take effect until ninety days after notice
of withdrawal is given. The notice shall be directed to the
compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the
remaining party jurisdictions.
Article VIII — Exceptions
The provisions of this compact shall not apply to parking
or standing violations, highway weight limit violations, and
violations of law governing the transportation of hazardous
materials.
Article IX — Amendments to the Compact
(a) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the
chairman of the board of compact administrators and may be
initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective
thirty days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty days after receipt
of the proposed amendment shall constitute endorsement.
Article X — Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the
constitution of any party jurisdiction or of the United States
or the applicability thereof to any government, agency, per(2008 Ed.)
Uniform Commercial Driver’s License Act
son, or circumstance, the compact shall not be affected
thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall
remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected
as to all severable matters.
Article XI — Title
This compact shall be known as the nonresident violator
compact. [1982 c 212 § 1.]
46.25.130
46.25.140
46.25.150
46.25.160
46.25.170
46.25.900
46.25.901
46.25.010
Report of violation, disqualification by nonresident.
Rules.
Agreements to carry out chapter.
Licenses issued by other jurisdictions.
Civil and criminal penalties.
Severability—1989 c 178.
Effective dates—1989 c 178.
46.25.001 Short title. This chapter may be cited as the
Uniform Commercial Driver’s License Act. [1989 c 178 §
1.]
46.25.001
46.25.005 Purpose—Construction. (1) The purpose of
this chapter is to implement the federal Commercial Motor
Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one
license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified
offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally
construed to promote the public health, safety, and welfare.
To the extent that this chapter conflicts with general driver
licensing provisions, this chapter prevails. Where this chapter
is silent, the general driver licensing provisions apply. [1989
c 178 § 2.]
46.25.005
46.23.020 Reciprocal agreements authorized—Provisions. (1) The Washington state department of licensing is
authorized and encouraged to execute a reciprocal agreement
with the Canadian province of British Columbia, and with
any other state which is not a member of the nonresident violator compact, concerning the rendering of mutual assistance
in the disposition of traffic infractions committed by persons
licensed in one state or province while in the jurisdiction of
the other.
(2) Such agreements shall provide that if a person
licensed by either state or province is issued a citation by the
other state or province for a moving traffic violation covered
by the agreement, he shall not be detained or required to furnish bail or collateral, and that if he fails to comply with the
terms of the citation, his license shall be suspended or
renewal refused by the state or province that issued the
license until the home jurisdiction is notified by the issuing
jurisdiction that he has complied with the terms of the citation.
(3) Such agreement shall also provide such terms and
procedures as are necessary and proper to facilitate its administration. [1982 c 212 § 2.]
46.23.020
46.23.050 Rules. The department shall adopt rules for
the administration and enforcement of RCW 46.23.010 and
46.23.020 in accordance with chapter 34.05 RCW. [1982 c
212 § 6.]
46.23.050
Chapter 46.25 RCW
UNIFORM COMMERCIAL DRIVER’S LICENSE ACT
Chapter 46.25
Sections
46.25.001
46.25.005
46.25.010
46.25.020
46.25.030
46.25.040
46.25.050
46.25.055
46.25.057
46.25.060
46.25.070
46.25.080
46.25.085
46.25.090
46.25.100
46.25.110
46.25.120
46.25.123
46.25.125
(2008 Ed.)
Short title.
Purpose—Construction.
Definitions.
One license limit.
Duties of driver—Notice to department and employer.
Duties of employer.
Commercial driver’s license required—Exceptions, restrictions, reciprocity.
Medical examiner’s certificate—Required.
Medical examiner’s certificate—Failure to carry—Penalty.
Knowledge and skills test—Instruction permit.
Application—Change of address—Residency—Hazardous
materials endorsement.
License contents, classifications, endorsements, restrictions,
expiration—Exchange of information.
Hazardous materials endorsement.
Disqualification—Grounds for, period of—Records.
Restoration after disqualification.
Driving with alcohol in system.
Test for alcohol or drugs—Disqualification for refusal of test
or positive test—Procedures.
Mandatory reporting of positive test.
Disqualification for positive test—Procedure.
46.25.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form
of alcohol, including but not limited to ethanol, methanol,
propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten
liters of breath.
(3) "Commercial driver’s license" (CDL) means a
license issued to an individual under chapter 46.20 RCW that
has been endorsed in accordance with the requirements of
this chapter to authorize the individual to drive a class of
commercial motor vehicle.
(4) The "commercial driver’s license information system" (CDLIS) is the information system established pursuant
to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial driver’s instruction permit" means a
permit issued under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle
or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) Has a gross vehicle weight rating of 11,794 kilograms
or more (26,001 pounds or more) inclusive of a towed unit
with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds or more); or
(b) Has a gross vehicle weight rating of 11,794 kilograms or more (26,001 pounds or more); or
46.25.010
[Title 46 RCW—page 133]
46.25.010
Title 46 RCW: Motor Vehicles
(c) Is designed to transport sixteen or more passengers,
including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section; or
(e) Is a school bus regardless of weight or size.
(7) "Conviction" means an unvacated adjudication of
guilt, or a determination that a person has violated or failed to
comply with the law in a court of original jurisdiction or by
an authorized administrative tribunal, an unvacated forfeiture
of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by
the court, the payment of a fine or court cost, or violation of a
condition of release without bail, regardless of whether or not
the penalty is rebated, suspended, or probated.
(8) "Disqualification" means a prohibition against driving a commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical
control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic. For purposes of
RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes
operation or physical control of a motor vehicle anywhere in
the state.
(10) "Drugs" are those substances as defined by RCW
69.04.009, including, but not limited to, those substances
defined by 49 C.F.R. 40.3.
(11) "Employer" means any person, including the United
States, a state, or a political subdivision of a state, who owns
or leases a commercial motor vehicle, or assigns a person to
drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the
value specified by the manufacturer as the maximum loaded
weight of a single vehicle. The GVWR of a combination or
articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power
unit plus the GVWR of the towed unit or units. If the GVWR
of any unit cannot be determined, the actual gross weight will
be used. If a vehicle with a GVWR of less than 11,794 kilograms (26,001 pounds or less) has been structurally modified
to carry a heavier load, then the actual gross weight capacity
of the modified vehicle, as determined by RCW 46.44.041
and 46.44.042, will be used as the GVWR.
(13) "Hazardous materials" means any material that has
been designated as hazardous under 49 U.S.C. Sec. 5103 and
is required to be placarded under subpart F of 49 C.F.R. part
172 or any quantity of a material listed as a select agent or
toxin in 42 C.F.R. part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical
power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a
vehicle, machine, tractor, trailer, or semitrailer operated
exclusively on a rail.
(15) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, Canadian,
Mexican, or local jurisdiction that a driver, a commercial
motor vehicle, or a motor carrier operation is out-of-service
pursuant to 49 C.F.R. 386.72, 392.5, 395.13, 396.9, or compatible laws, or the North American uniform out-of-service
criteria.
(16) "Positive alcohol confirmation test" means an alcohol confirmation test that:
[Title 46 RCW—page 134]
(a) Has been conducted by a breath alcohol technician
under 49 C.F.R. 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under
circumstances that constitute the refusal of an alcohol test
under 49 C.F.R. 40, will be considered equivalent to a report
of a positive alcohol confirmation test for the purposes of this
chapter.
(17) "School bus" means a commercial motor vehicle
used to transport preprimary, primary, or secondary school
students from home to school, from school to home, or to and
from school-sponsored events. School bus does not include a
bus used as a common carrier.
(18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour
or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, arising
in connection with an accident or collision resulting in death
to any person;
(d) Driving a commercial motor vehicle without obtaining a commercial driver’s license;
(e) Driving a commercial motor vehicle without a commercial driver’s license in the driver’s possession; however,
any individual who provides proof to the court by the date the
individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the
citation was issued, is not guilty of a "serious traffic offense";
(f) Driving a commercial motor vehicle without the
proper class of commercial driver’s license endorsement or
endorsements for the specific vehicle group being operated or
for the passenger or type of cargo being transported; and
(g) Any other violation of a state or local law relating to
motor vehicle traffic control, other than a parking violation,
that the department determines by rule to be serious.
(19) "State" means a state of the United States and the
District of Columbia.
(20) "Substance abuse professional" means an alcohol
and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R.
40.281.
(21) "Tank vehicle" means a vehicle that is designed to
transport a liquid or gaseous material within a tank that is
either permanently or temporarily attached to the vehicle or
the chassis. Tank vehicles include, but are not limited to
cargo tanks and portable tanks. However, this definition does
not include portable tanks having a rated capacity under one
thousand gallons.
(22) "United States" means the fifty states and the District of Columbia.
(23) "Verified positive drug test" means a drug test result
or validity testing result from a laboratory certified under the
authority of the federal department of health and human services that:
(a) Indicates a drug concentration at or above the cutoff
concentration established under 49 C.F.R. 40.87; and
(b) Has undergone review and final determination by a
medical review officer.
A report that a person has refused a drug test, under circumstances that constitute the refusal of a federal department
(2008 Ed.)
Uniform Commercial Driver’s License Act
of transportation drug test under 49 C.F.R. 40, will be considered equivalent to a report of a verified positive drug test for
the purposes of this chapter. [2006 c 327 § 2; 2006 c 50 § 1;
2005 c 325 § 2; 2004 c 187 § 2; 1996 c 30 § 1; 1989 c 178 §
3.]
Reviser’s note: This section was amended by 2006 c 50 § 1 and by
2006 c 327 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2005 c 325: "It is the intent of the legislature to promote the
safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful
substances. The legislature recognizes that transit operators and their
employers are an asset to the public transportation system and continuously
strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting
requirements serve only to enhance the current efforts of these dedicated
employers and employees as they continue to provide a safe public transportation system to the citizens of Washington." [2005 c 325 § 1.]
Effective date—1996 c 30: "This act takes effect October 1, 1996."
[1996 c 30 § 5.]
46.25.020 One license limit. No person who drives a
commercial motor vehicle may have more than one driver’s
license. [1989 c 178 § 4.]
46.25.020
46.25.050
(a) A list of the names and addresses of the applicant’s
previous employers for which the applicant was a driver of a
commercial motor vehicle;
(b) The dates between which the applicant drove for each
employer; and
(c) The reason for leaving that employer.
The applicant shall certify that all information furnished is
true and complete. An employer may require an applicant to
provide additional information. [1989 c 178 § 5.]
46.25.040 Duties of employer. (1) An employer shall
require the applicant to provide the information specified in
RCW 46.25.030(3).
(2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any
period:
(a) In which the driver has a driver’s license suspended,
revoked, or canceled by a state, has lost the privilege to drive
a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one driver’s
license. [1989 c 178 § 6.]
46.25.040
46.25.050 Commercial driver’s license required—
Exceptions, restrictions, reciprocity. (1) Drivers of commercial motor vehicles shall obtain a commercial driver’s
license as required under this chapter. Except when driving
under a commercial driver’s instruction permit and a valid
automobile or classified license and accompanied by the
holder of a commercial driver’s license valid for the vehicle
being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of
a commercial driver’s license and applicable endorsements
valid for the vehicle they are driving. However, this requirement does not apply to any person:
(a) Who is the operator of a farm vehicle, and the vehicle
is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which
in this section include Christmas trees and wood products
harvested from private tree farms and transported by vehicles
weighing no more than forty thousand pounds licensed gross
vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract
motor carrier; and
(iv) Used within one hundred fifty miles of the person’s
farm; or
(b) Who is a firefighter or law enforcement officer operating emergency equipment, and:
(i) The firefighter or law enforcement officer has successfully completed a driver training course approved by the
director; and
(ii) The firefighter or law enforcement officer carries a
certificate attesting to the successful completion of the
approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; or
46.25.050
46.25.030 Duties of driver—Notice to department
and employer. (1)(a) A driver of a commercial motor vehicle holding a driver’s license issued by this state who is convicted of violating a state law or local ordinance relating to
motor vehicle traffic control, in any other state or federal,
provincial, territorial, or municipal laws of Canada, other
than parking violations, shall notify the department in the
manner specified by rule of the department within thirty days
of the date of conviction.
(b) A driver of a commercial motor vehicle holding a
driver’s license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle
traffic control in this or any other state or federal, provincial,
territorial, or municipal laws of Canada, other than parking
violations, shall notify his or her employer in writing of the
conviction within thirty days of the date of conviction.
(c) The notification requirements contained in (a) and (b)
of this subsection as they relate to the federal, provincial, territorial, or municipal laws of Canada become effective only
when the federal law or federal rules are changed to require
the notification or a bilateral or multilateral agreement is
entered into between the state of Washington and any Canadian province implementing essentially the same standards of
regulation and penalties of all parties as encompassed in this
chapter.
(2) A driver whose driver’s license is suspended,
revoked, or canceled by a state, who loses the privilege to
drive a commercial motor vehicle in a state for any period, or
who is disqualified from driving a commercial motor vehicle
for any period, shall notify his or her employer of that fact
before the end of the business day following the day the
driver received notice of that fact.
(3) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
46.25.030
(2008 Ed.)
[Title 46 RCW—page 135]
46.25.055
Title 46 RCW: Motor Vehicles
(d) Who is operating a commercial motor vehicle for
military purposes. This exemption is applicable to active
duty military personnel; members of the military reserves;
members of the national guard on active duty, including personnel on full-time national guard duty, personnel on
part-time national guard training, and national guard military
technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel.
This exception is not applicable to United States reserve technicians.
(2) No person may drive a commercial motor vehicle
while his or her driving privilege is suspended, revoked, or
canceled, while subject to disqualification, or in violation of
an out-of-service order. Violations of this subsection shall be
punished in the same way as violations of RCW
46.20.342(1).
(3) The department shall to the extent possible enter into
reciprocity agreements with adjoining states to allow the
waivers described in subsection (1) of this section to apply to
drivers holding commercial driver’s licenses from those
adjoining states. [2006 c 327 § 3; 1995 c 393 § 1; 1990 c 56
§ 1; 1989 c 178 § 7.]
46.25.055 Medical examiner’s certificate—Required.
A person may not drive a commercial motor vehicle unless he
or she is physically qualified to do so and, except as provided
in 49 C.F.R. Sec. 391.67, has on his or her person the original, or a photographic copy, of a medical examiner’s certificate that he or she is physically qualified to drive a commercial motor vehicle. [2003 c 195 § 3.]
46.25.055
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.057 Medical examiner’s certificate—Failure to
carry—Penalty. (1) It is a traffic infraction for a licensee
under this chapter to drive a commercial vehicle without having on his or her person the original, or a photographic copy,
of a medical examiner’s certificate that he or she is physically
qualified to drive a commercial motor vehicle.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he
or she had, at the time the infraction took place, the medical
examiner’s certificate, the court shall reduce the penalty to
fifty dollars. [2003 c 195 § 4.]
46.25.057
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.060 Knowledge and skills test—Instruction
permit. (1)(a) No person may be issued a commercial
driver’s license unless that person is a resident of this state,
has successfully completed a course of instruction in the
operation of a commercial motor vehicle that has been
approved by the director or has been certified by an employer
as having the skills and training necessary to operate a commercial motor vehicle safely, and has passed a knowledge
and skills test for driving a commercial motor vehicle that
complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G
and H, and has satisfied all other requirements of the
CMVSA in addition to other requirements imposed by state
law or federal regulation. The tests must be prescribed and
46.25.060
[Title 46 RCW—page 136]
conducted by the department. In addition to the fee charged
for issuance or renewal of any license, the applicant shall pay
a fee of no more than ten dollars for each classified knowledge examination, classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge examinations. The applicant shall pay a fee
of no more than one hundred dollars for each classified skill
examination or combination of classified skill examinations
conducted by the department.
(b) The department may authorize a person, including an
agency of this or another state, an employer, a private driver
training facility, or other private institution, or a department,
agency, or instrumentality of local government, to administer
the skills test specified by this section under the following
conditions:
(i) The test is the same which would otherwise be administered by the state;
(ii) The third party has entered into an agreement with
the state that complies with the requirements of 49 C.F.R.
part 383.75; and
(iii) The director has adopted rules as to the third party
testing program and the development and justification for
fees charged by any third party.
(c) If the applicant’s primary use of a commercial
driver’s license is for any of the following, then the applicant
shall pay a fee of no more than seventy-five dollars for each
classified skill examination or combination of classified skill
examinations whether conducted by the department or a
third-party tester:
(i) Public benefit not-for-profit corporations that are federally supported head start programs; or
(ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as
described in RCW 43.215.405(4).
(2) The department shall work with the office of the
superintendent of public instruction to develop modified P1
and P2 skill examinations that also include the skill examination components required to obtain an "S" endorsement. In
no event may a new applicant for an "S" endorsement be
required to take two separate examinations to obtain an "S"
endorsement and either a P1 or P2 endorsement, unless that
applicant is upgrading his or her existing commercial driver’s
license to include an "S" endorsement. The combined P1/S
or P2/S skill examination must be offered to the applicant at
the same cost as a regular P1 or P2 skill examination.
(3) The department may waive the skills test and the
requirement for completion of a course of instruction in the
operation of a commercial motor vehicle specified in this section for a commercial driver’s license applicant who meets
the requirements of 49 C.F.R. part 383.77.
(4) A commercial driver’s license or commercial
driver’s instruction permit may not be issued to a person
while the person is subject to a disqualification from driving
a commercial motor vehicle, or while the person’s driver’s
license is suspended, revoked, or canceled in any state, nor
may a commercial driver’s license be issued to a person who
has a commercial driver’s license issued by any other state
unless the person first surrenders all such licenses, which
must be returned to the issuing state for cancellation.
(5)(a) The department may issue a commercial driver’s
instruction permit to an applicant who is at least eighteen
(2008 Ed.)
Uniform Commercial Driver’s License Act
years of age and holds a valid Washington state driver’s
license and who has submitted a proper application, passed
the general knowledge examination required for issuance of a
commercial driver’s license under subsection (1) of this section, and paid the appropriate fee for the knowledge examination and an application fee of ten dollars.
(b) A commercial driver’s instruction permit may not be
issued for a period to exceed six months. Only one renewal
or reissuance may be granted within a two-year period.
(c) The holder of a commercial driver’s instruction permit may drive a commercial motor vehicle on a highway only
when accompanied by the holder of a commercial driver’s
license valid for the type of vehicle driven who occupies a
seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The holder of
a commercial driver’s instruction permit is not authorized to
operate a commercial motor vehicle transporting hazardous
materials.
(d) The department shall transmit the fees collected for
commercial driver’s instruction permits to the state treasurer.
[2007 c 418 § 1; 2004 c 187 § 3; 2002 c 352 § 18; 1989 c 178
§ 8.]
Effective date—2007 c 418: "This act takes effect January 15, 2008."
[2007 c 418 § 2.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.25.070 Application—Change of address—Residency—Hazardous materials endorsement. (1) The application for a commercial driver’s license or commercial
driver’s instruction permit must include the following:
(a) The full name and current mailing and residential
address of the person;
(b) A physical description of the person, including sex,
height, weight, and eye color;
(c) Date of birth;
(d) The applicant’s Social Security number;
(e) The person’s signature;
(f) Certifications including those required by 49 C.F.R.
part 383.71(a);
(g) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during
the previous ten years;
(h) Any other information required by the department;
and
(i) A consent to release driving record information to
parties identified in chapter 46.52 RCW and this chapter.
(2) An applicant for a hazardous materials endorsement
must submit an application and comply with federal transportation security administration requirements as specified in 49
C.F.R. part 1572, and meet the requirements specified in 49
C.F.R. 383.71(a)(9).
(3) When a licensee changes his or her name, mailing
address, or residence address, the person shall notify the
department as provided in RCW 46.20.205.
(4) No person who has been a resident of this state for
thirty days may drive a commercial motor vehicle under the
authority of a commercial driver’s license issued by another
jurisdiction. [2004 c 187 § 4; 2003 c 195 § 2; 1991 c 73 § 2;
1989 c 178 § 9.]
46.25.070
Findings—2003 c 195: "The legislature finds that current economic
conditions impose severe hardships on many commercial vehicle drivers.
(2008 Ed.)
46.25.080
The legislature finds that commercial drivers who may not currently be
working may not be able to afford the expense of a required physical in order
to maintain their commercial driver’s license. The legislature finds that
Washington’s commercial driver’s license statutes should be harmonized
with federal requirements, which require proof of a physical capacity to
drive a commercial vehicle, along with a valid commercial driver’s license,
but do not link the two requirements. The legislature finds that allowing
commercial drivers to delay getting a physical until they are actually driving
a commercial vehicle will prevent the imposition of unnecessary expense
and hardship on Washington’s commercial vehicle drivers." [2003 c 195 §
1.]
46.25.080 License contents, classifications, endorsements, restrictions, expiration—Exchange of information. (1) The commercial driver’s license must be marked
"commercial driver’s license" or "CDL," and must be, to the
maximum extent practicable, tamperproof. It must include,
but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person’s color photograph;
(c) A physical description of the person including sex,
height, weight, and eye color;
(d) Date of birth;
(e) The person’s Social Security number or any number
or identifier deemed appropriate by the department;
(f) The person’s signature;
(g) The class or type of commercial motor vehicle or
vehicles that the person is authorized to drive, together with
any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver’s licenses may be issued with the
classifications, endorsements, and restrictions set forth in this
subsection. The holder of a valid commercial driver’s license
may drive all vehicles in the class for which that license is
issued and all lesser classes of vehicles except motorcycles
and vehicles that require an endorsement, unless the proper
endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination of vehicles with a gross
combined weight rating (GCWR) of 26,001 pounds or more,
if the GVWR of the vehicle or vehicles being towed is in
excess of 10,000 pounds.
(ii) Class B is a single vehicle with a GVWR of 26,001
pounds or more, and any such vehicle towing a vehicle not in
excess of 10,000 pounds.
(iii) Class C is a single vehicle with a GVWR of less than
26,001 pounds or any such vehicle towing a vehicle with a
GVWR not in excess of 10,000 pounds consisting of:
(A) Vehicles designed to transport sixteen or more passengers, including the driver; or
(B) Vehicles used in the transportation of hazardous
materials.
(b) The following endorsements and restrictions may be
placed on a license:
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "K" restricts the driver to vehicles not equipped with
air brakes.
(iii) "T" authorizes driving double and triple trailers.
(iv) "P1" authorizes driving all vehicles, other than
school buses, carrying passengers.
46.25.080
[Title 46 RCW—page 137]
46.25.085
Title 46 RCW: Motor Vehicles
(v) "P2" authorizes driving vehicles with a GVWR of
less than 26,001 pounds, other than school buses, carrying
sixteen or more passengers, including the driver.
(vi) "N" authorizes driving tank vehicles.
(vii) "X" represents a combination of hazardous materials and tank vehicle endorsements.
(viii) "S" authorizes driving school buses.
The license may be issued with additional endorsements
and restrictions as established by rule of the director.
(3) All school bus drivers must have either a "P1" or
"P2" endorsement depending on the GVWR of the school bus
being driven.
(4) Before issuing a commercial driver’s license, the
department shall obtain driving record information:
(a) Through the commercial driver’s license information
system;
(b) Through the national driver register;
(c) From the current state of record; and
(d) From all states where the applicant was previously
licensed over the last ten years to drive any type of motor
vehicle.
A check under (d) of this subsection need be done only
once, either at the time of application for a new commercial
driver’s license, or upon application for a renewal of a commercial driver’s license for the first time after July 1, 2005,
provided a notation is made on the driver’s record confirming
that the driving record check has been made and noting the
date it was completed.
(5) Within ten days after issuing a commercial driver’s
license, the department must notify the commercial driver’s
license information system of that fact, and provide all information required to ensure identification of the person.
(6) A commercial driver’s license shall expire in the
same manner as provided in RCW 46.20.181.
(7) When applying for renewal of a commercial driver’s
license, the applicant shall:
(a) Complete the application form required by RCW
46.25.070(1), providing updated information and required
certifications;
(b) Submit the application to the department in person;
and
(c) If the applicant wishes to retain a hazardous materials
endorsement, take and pass the written test for a hazardous
materials endorsement. [2004 c 249 § 8; 2004 c 187 § 5;
1996 c 30 § 2; 1989 c 178 § 10.]
Reviser’s note: This section was amended by 2004 c 187 § 5 and by
2004 c 249 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.085 Hazardous materials endorsement. (1) The
department may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver’s
license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous
material in commerce unless the federal transportation security administration has determined that the individual does
not pose a security risk warranting denial of the endorsement.
46.25.085
[Title 46 RCW—page 138]
(2) An individual who is prohibited from holding a commercial driver’s license with a hazardous materials endorsement under 49 C.F.R. 1572.5 must surrender any hazardous
materials endorsement in his or her possession to the department.
(3) The department may adopt such rules as may be necessary to comply with the provisions of 49 C.F.R. part 1572.
[2004 c 187 § 6.]
46.25.090 Disqualification—Grounds for, period
of—Records. (1) A person is disqualified from driving a
commercial motor vehicle for a period of not less than one
year if a report has been received by the department pursuant
to RCW 46.20.308 or 46.25.120, or if the person has been
convicted of a first violation, within this or any other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person’s system is 0.04 or more, or
driving a noncommercial motor vehicle while the alcohol
concentration in the person’s system is 0.08 or more, or is
0.02 or more if the person is under age twenty-one, as determined by any testing methods approved by law in this state or
any other state or jurisdiction;
(c) Leaving the scene of an accident involving a motor
vehicle driven by the person;
(d) Using a motor vehicle in the commission of a felony;
(e) Refusing to submit to a test or tests to determine the
driver’s alcohol concentration or the presence of any drug
while driving a motor vehicle;
(f) Driving a commercial motor vehicle when, as a result
of prior violations committed while operating a commercial
motor vehicle, the driver’s commercial driver’s license is
revoked, suspended, or canceled, or the driver is disqualified
from operating a commercial motor vehicle;
(g) Causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the
crimes of vehicular homicide and negligent homicide.
If any of the violations set forth in this subsection
occurred while transporting hazardous material, the person is
disqualified for a period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of
two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those
offenses, arising from two or more separate incidents.
(3) The department may adopt rules, in accordance with
federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection
(2) of this section may be reduced to a period of not less than
ten years.
(4) A person is disqualified from driving a commercial
motor vehicle for life who uses a motor vehicle in the commission of a felony involving the manufacture, distribution,
or dispensing of a controlled substance, as defined by chapter
69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by
chapter 69.50 RCW.
(5)(a) A person is disqualified from driving a commercial motor vehicle for a period of:
46.25.090
(2008 Ed.)
Uniform Commercial Driver’s License Act
(i) Not less than sixty days if:
(A) Convicted of or found to have committed a second
serious traffic violation while driving a commercial motor
vehicle; or
(B) Convicted of reckless driving, where there has been
a prior serious traffic violation; or
(ii) Not less than one hundred twenty days if:
(A) Convicted of or found to have committed a third or
subsequent serious traffic violation while driving a commercial motor vehicle; or
(B) Convicted of reckless driving, where there has been
two or more prior serious traffic violations.
(b) The disqualification period under (a)(ii) of this subsection must be in addition to any other previous period of
disqualification.
(c) For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding
that a driver has committed a serious traffic violation while
driving a commercial motor vehicle or noncommercial motor
vehicle, arising from a separate incident occurring within a
three-year period, must be counted.
(6) A person is disqualified from driving a commercial
motor vehicle for a period of:
(a) Not less than ninety days nor more than one year if
convicted of or found to have committed a first violation of
an out-of-service order while driving a commercial vehicle;
(b) Not less than one year nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed two violations of out-of-service
orders while driving a commercial motor vehicle in separate
incidents;
(c) Not less than three years nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed three or more violations of out-ofservice orders while driving commercial motor vehicles in
separate incidents;
(d) Not less than one hundred eighty days nor more than
two years if the person is convicted of or is found to have
committed a first violation of an out-of-service order while
transporting hazardous materials, or while operating motor
vehicles designed to transport sixteen or more passengers,
including the driver. A person is disqualified for a period of
not less than three years nor more than five years if, during a
ten-year period, the person is convicted of or is found to have
committed subsequent violations of out-of-service orders, in
separate incidents, while transporting hazardous materials, or
while operating motor vehicles designed to transport sixteen
or more passengers, including the driver.
(7) A person is disqualified from driving a commercial
motor vehicle if a report has been received by the department
under RCW 46.25.125 that the person has received a verified
positive drug test or positive alcohol confirmation test as part
of the testing program conducted under 49 C.F.R. 40. A disqualification under this subsection remains in effect until the
person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49
C.F.R. 40, and the person presents evidence of satisfactory
participation in or successful completion of a drug or alcohol
treatment and/or education program as recommended by the
substance abuse professional, and until the person has met the
requirements of RCW 46.25.100. The substance abuse pro(2008 Ed.)
46.25.090
fessional shall forward a diagnostic evaluation and treatment
recommendation to the department of licensing for use in
determining the person’s eligibility for driving a commercial
motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified
for life.
(8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of
this subsection if he or she is convicted of or is found to have
committed one of the following six offenses at a railroadhighway grade crossing while operating a commercial motor
vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an
approaching train;
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not
clear;
(iii) For drivers who are always required to stop, failing
to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to
drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device
or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing
because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial
motor vehicle for a period of:
(i) Not less than sixty days if the driver is convicted of or
is found to have committed a first violation of a railroadhighway grade crossing violation;
(ii) Not less than one hundred twenty days if the driver is
convicted of or is found to have committed a second railroadhighway grade crossing violation in separate incidents within
a three-year period;
(iii) Not less than one year if the driver is convicted of or
is found to have committed a third or subsequent railroadhighway grade crossing violation in separate incidents within
a three-year period.
(9) A person is disqualified from driving a commercial
motor vehicle for not more than one year if a report has been
received by the department from the federal motor carrier
safety administration that the person’s driving has been determined to constitute an imminent hazard as defined by 49
C.F.R. 383.5. A person who is simultaneously disqualified
from driving a commercial motor vehicle under this subsection and under other provisions of this chapter, or under 49
C.F.R. 383.52, shall serve those disqualification periods concurrently.
(10) Within ten days after suspending, revoking, or canceling a commercial driver’s license or disqualifying a driver
from operating a commercial motor vehicle, the department
shall update its records to reflect that action. [2006 c 327 § 4;
2005 c 325 § 5; 2004 c 187 § 7. Prior: 2002 c 272 § 3; 2002
c 193 § 1; 1996 c 30 § 3; 1989 c 178 § 11.]
Intent—2005 c 325: See note following RCW 46.25.010.
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
[Title 46 RCW—page 139]
46.25.100
Title 46 RCW: Motor Vehicles
46.25.100 Restoration after disqualification. When a
person has been disqualified from operating a commercial
motor vehicle, the person is not entitled to have the commercial driver’s license restored until after the expiration of the
appropriate disqualification period required under RCW
46.25.090 or until the department has received a drug and
alcohol assessment and evidence is presented of satisfactory
participation in or completion of any required drug or alcohol
treatment program for ending the disqualification under
RCW 46.25.090(7). After expiration of the appropriate
period and upon payment of a requalification fee of twenty
dollars, or one hundred fifty dollars if the person has been
disqualified under RCW 46.25.090(7), the person may apply
for a new, duplicate, or renewal commercial driver’s license
as provided by law. If the person has been disqualified for a
period of one year or more, the person shall demonstrate that
he or she meets the commercial driver’s license qualification
standards specified in RCW 46.25.060. [2002 c 272 § 4;
1989 c 178 § 12.]
46.25.100
46.25.110 Driving with alcohol in system. (1) Notwithstanding any other provision of Title 46 RCW, a person
may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system.
(2) Law enforcement or appropriate officials shall issue
an out-of-service order valid for twenty-four hours against a
person who drives, operates, or is in physical control of a
commercial motor vehicle while having alcohol in his or her
system or who refuses to take a test to determine his or her
alcohol content as provided by RCW 46.25.120. [1989 c 178
§ 13.]
46.25.110
46.25.120 Test for alcohol or drugs—Disqualification
for refusal of test or positive test—Procedures. (1) A person who drives a commercial motor vehicle within this state
is deemed to have given consent, subject to RCW 46.61.506,
to take a test or tests of that person’s blood or breath for the
purpose of determining that person’s alcohol concentration or
the presence of other drugs.
(2) A test or tests may be administered at the direction of
a law enforcement officer, who after stopping or detaining
the commercial motor vehicle driver, has probable cause to
believe that driver was driving a commercial motor vehicle
while having alcohol in his or her system or while under the
influence of any drug.
(3) The law enforcement officer requesting the test under
subsection (1) of this section shall warn the person requested
to submit to the test that a refusal to submit will result in that
person being disqualified from operating a commercial motor
vehicle under RCW 46.25.090.
(4) If the person refuses testing, or submits to a test that
discloses an alcohol concentration of 0.04 or more, the law
enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (1) of this section and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol
concentration of 0.04 or more.
(5) Upon receipt of the sworn report of a law enforcement officer under subsection (4) of this section, the department shall disqualify the driver from driving a commercial
motor vehicle under RCW 46.25.090, subject to the hearing
46.25.120
[Title 46 RCW—page 140]
provisions of RCW 46.20.329 and 46.20.332. The hearing
shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of
whether a law enforcement officer had reasonable grounds to
believe the person had been driving or was in actual physical
control of a commercial motor vehicle within this state while
having alcohol in the person’s system or while under the
influence of any drug, whether the person refused to submit
to the test or tests upon request of the officer after having
been informed that the refusal would result in the disqualification of the person from driving a commercial motor vehicle, and, if the test was administered, whether the results indicated an alcohol concentration of 0.04 percent or more. The
department shall order that the disqualification of the person
either be rescinded or sustained. Any decision by the department disqualifying a person from driving a commercial
motor vehicle is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as
there is no conviction for a moving violation or no finding
that the person has committed a traffic infraction that is a
moving violation during the pendency of the hearing and
appeal. If the disqualification of the person is sustained after
the hearing, the person who is disqualified may file a petition
in the superior court of the county of arrest to review the final
order of disqualification by the department in the manner
provided in RCW 46.20.334.
(6) If a motor carrier or employer who is required to have
a testing program under 49 C.F.R. 382 knows that a commercial driver in his or her employ has refused to submit to testing under this section and has not been disqualified from
driving a commercial motor vehicle, the employer may notify
law enforcement or his or her medical review officer or
breath alcohol technician that the driver has refused to submit
to the required testing.
(7) The hearing provisions of this section do not apply to
those persons disqualified from driving a commercial motor
vehicle under RCW 46.25.090(7). [2006 c 327 § 5; 2002 c
272 § 5; 1998 c 41 § 6; 1990 c 250 § 50; 1989 c 178 § 14.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
46.25.123
46.25.123 Mandatory reporting of positive test. (1)
All medical review officers or breath alcohol technicians
hired by or under contract to a motor carrier or employer who
employs drivers who operate commercial motor vehicles and
who is required to have a testing program conducted under
the procedures established by 49 C.F.R. 40 or to a consortium
the carrier or employer belongs to, as defined in 49 C.F.R.
40.3, shall report the finding of a commercial motor vehicle
driver’s verified positive drug test or positive alcohol confirmation test to the department of licensing on a form provided
by the department. If the employer is required to have a testing program under 49 C.F.R. 655, a report of a verified positive drug test or positive alcohol confirmation test must not
be forwarded to the department under this subsection unless
the test is a preemployment drug test conducted under 49
C.F.R. 655.41 or a preemployment alcohol test conducted
under 49 C.F.R. 655.42.
(2008 Ed.)
Uniform Commercial Driver’s License Act
(2)(a) A motor carrier or employer who employs drivers
who operate commercial motor vehicles and who is required
to have a testing program conducted under the procedures
established by 49 C.F.R. 40, or the consortium the carrier or
employer belongs to, must report a refusal by a commercial
motor vehicle driver to take a drug or alcohol test, under circumstances that constitute the refusal of a test under 49
C.F.R. 40 and where such refusal has not been reported by a
medical review officer or breath alcohol technician, to the
department of licensing on a form provided by the department.
(b) An employer who is required to have a testing program under 49 C.F.R. 655 must report a commercial motor
vehicle driver’s verified positive drug test or a positive alcohol confirmation test when: (i) The driver’s employment has
been terminated or the driver has resigned; (ii) any grievance
process, up to but not including arbitration, has been concluded; and (iii) at the time of termination or resignation the
driver has not been cleared to return to safety-sensitive functions.
(3) Motor carriers, employers, or consortiums shall make
it a written condition of their contract or agreement with a
medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath
alcohol technician is located, that the medical review officer
or breath alcohol technician is required to report all Washington state licensed drivers who have a verified positive drug
test or positive alcohol confirmation test to the department of
licensing within three business days of the verification or
confirmation. Failure to obtain this contractual condition or
agreement with the medical review officer or breath alcohol
technician by the motor carrier, employer, or consortium, or
failure to report a refusal as required by subsection (2) of this
section, will result in an administrative fine as provided in
RCW 46.32.100 or 81.04.405.
(4) Substances obtained for testing may not be used for
any purpose other than drug or alcohol testing under 49
C.F.R. 40. [2005 c 325 § 3; 2002 c 272 § 1.]
Intent—2005 c 325: See note following RCW 46.25.010.
46.25.125
46.25.125 Disqualification for positive test—Procedure. (1) When the department of licensing receives a report
from a medical review officer, breath alcohol technician,
employer, contractor, or consortium that a driver has a verified positive drug test or positive alcohol confirmation test, as
part of the testing program conducted under 49 C.F.R. 40, the
department shall disqualify the driver from driving a commercial motor vehicle under RCW 46.25.090(7) subject to a
hearing as provided in this section. The department shall
notify the person in writing of the disqualification by firstclass mail. The notice must explain the procedure for the person to request a hearing.
(2) A person disqualified from driving a commercial
motor vehicle for having a verified positive drug test or positive alcohol confirmation test may request a hearing to challenge the disqualification within twenty days from the date
notice is given. If the request for a hearing is mailed, it must
be postmarked within twenty days after the department has
given notice of the disqualification.
(2008 Ed.)
46.25.125
(3) The hearing must be conducted in the county of the
person’s residence, except that the department may conduct
all or part of the hearing by telephone or other electronic
means.
(4) For the purposes of this section, or for the purpose of
a hearing de novo in an appeal to superior court, the hearing
must be limited to the following issues: (a) Whether the
driver is the person who is the subject of the report; (b)
whether the motor carrier, employer, or consortium has a program that is subject to the federal requirements under 49
C.F.R. 40; and (c) whether the medical review officer or
breath alcohol technician making the report accurately followed the protocols established to verify or confirm the
results, or if the driver refused a test, whether the circumstances constitute the refusal of a test under 49 C.F.R. 40.
Evidence may be presented to demonstrate that the test
results are a false positive. For the purpose of a hearing under
this section, a copy of a positive test result with a declaration
by the tester or medical review officer or breath alcohol technician stating the accuracy of the laboratory protocols followed to arrive at the test result is prima facie evidence:
(i) Of a verified positive drug test or positive alcohol
confirmation test result;
(ii) That the motor carrier, employer, or consortium has
a program that is subject to the federal requirements under 49
C.F.R. 40; and
(iii) That the medical review officer or breath alcohol
technician making the report accurately followed the protocols for testing established to verify or confirm the results.
After the hearing, the department shall order the disqualification of the person either be rescinded or sustained.
(5) If the person does not request a hearing within the
twenty-day time limit, or if the person fails to appear at a
hearing, the person has waived the right to a hearing and the
department shall sustain the disqualification.
(6) A decision by the department disqualifying a person
from driving a commercial motor vehicle is stayed and does
not take effect while a formal hearing is pending under this
section or during the pendency of a subsequent appeal to
superior court so long as there is no conviction for a moving
violation or no finding that the person has committed a traffic
infraction that is a moving violation and the department
receives no further report of a verified positive drug test or
positive alcohol confirmation test during the pendency of the
hearing and appeal. If the disqualification is sustained after
the hearing, the person who is disqualified may file a petition
in the superior court of the county of his or her residence to
review the final order of disqualification by the department in
the manner provided in RCW 46.20.334.
(7) The department of licensing may adopt rules specifying further requirements for requesting and conducting a
hearing under this section.
(8) The department of licensing is not civilly liable for
damage resulting from disqualifying a driver based on a verified positive drug test or positive alcohol confirmation test
result as required by this section or for damage resulting from
release of this information that occurs in the normal course of
business. [2005 c 325 § 4; 2002 c 272 § 2.]
Intent—2005 c 325: See note following RCW 46.25.010.
[Title 46 RCW—page 141]
46.25.130
Title 46 RCW: Motor Vehicles
46.25.130 Report of violation, disqualification by
nonresident. (1) Within ten days after receiving a report of
the conviction of or finding that a traffic infraction has been
committed by any nonresident holder of a commercial
driver’s license, or any nonresident operating a commercial
motor vehicle, for any violation of state law or local ordinance relating to motor vehicle traffic control, other than
parking violations, the department shall notify the driver
licensing authority in the licensing state of the conviction.
(2)(a) No later than ten days after disqualifying any nonresident holder of a commercial driver’s license from operating a commercial motor vehicle, or revoking, suspending, or
canceling the nonresident driving privileges of the nonresident holder of a commercial driver’s license for at least sixty
days, the department must notify the state that issued the
license of the disqualification, revocation, suspension, or
cancellation.
(b) The notification must include both the disqualification and the violation that resulted in the disqualification,
revocation, suspension, or cancellation. The notification and
the information it provides must be recorded on the driver’s
record. [2004 c 187 § 8; 1989 c 178 § 15.]
46.25.130
provision to other persons or circumstances is not affected.
[1989 c 178 § 30.]
46.25.901 Effective dates—1989 c 178. Sections 25,
26, 28, and 32 of this act shall take effect on April 1, 1992.
The remainder of this act shall take effect on October 1, 1989.
The director of licensing may immediately take such steps as
are necessary to insure that all sections of this act are implemented on their respective effective dates. [1989 c 178 § 33.]
46.25.901
Chapter 46.29
Sections
ADMINISTRATION
46.29.010
46.29.020
46.29.030
46.29.040
46.29.050
46.29.060
46.25.140 Rules. The department may adopt rules necessary to carry out this chapter. [1989 c 178 § 16.]
46.29.080
46.29.090
46.29.100
46.29.110
46.29.120
46.29.130
46.29.140
46.29.150
46.29.160
46.29.170
46.29.180
46.25.150 Agreements to carry out chapter. The
department may enter into or make agreements, arrangements, or declarations to carry out this chapter. [1989 c 178
§ 17.]
46.25.150
46.25.160 Licenses issued by other jurisdictions.
Notwithstanding any law to the contrary, a person may drive
a commercial motor vehicle if the person has a commercial
driver’s license or commercial driver’s instruction permit
issued by any state or jurisdiction in accordance with the minimum federal standards for the issuance of commercial motor
vehicle driver’s licenses or permits, if the person’s license or
permit is not suspended, revoked, or canceled, and if the person is not disqualified from driving a commercial motor vehicle or is subject to an out-of-service order. [2004 c 187 § 9;
1989 c 178 § 18.]
46.25.160
46.25.170 Civil and criminal penalties. (1) A person
subject to RCW 81.04.405 who is determined by the utilities
and transportation commission, after notice, to have committed an act that is in violation of RCW 46.25.020, 46.25.030,
46.25.040, 46.25.050, or 46.25.110 is liable to Washington
state for the civil penalties provided for in RCW 81.04.405.
(2) A person who violates or fails to comply with, or who
procures, aids, or abets in the violation of any provision of
RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or
46.25.110 is guilty of a gross misdemeanor. [1989 c 178 §
19.]
46.25.170
46.25.900 Severability—1989 c 178. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
46.25.900
[Title 46 RCW—page 142]
Purpose.
Definitions.
Director to administer chapter.
Court review.
Furnishing driving record and evidence of ability to respond in
damages—Fees.
SECURITY FOLLOWING ACCIDENT
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
46.25.140
Chapter 46.29 RCW
FINANCIAL RESPONSIBILITY
46.29.070
46.29.190
46.29.200
46.29.210
46.29.220
46.29.230
46.29.240
Application of sections requiring deposit of security and suspensions for failure to deposit security.
Department to determine amount of security required—
Notices.
Exceptions as to requirement of security.
Requirements as to policy or bond.
Form and amount of security.
Failure to deposit security—Suspensions.
Release from liability.
Adjudication of nonliability.
Agreements for payment of damages.
Payment upon judgment.
Termination of security requirement.
Duration of suspension.
Application to nonresidents, unlicensed drivers, unregistered
vehicles, and accidents in other states.
Authority of department to decrease amount of security.
Correction of action by department.
Custody of security.
Disposition of security.
Return of deposit.
Certain matters not evidence in civil suits.
PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE
46.29.250
46.29.260
46.29.270
46.29.280
46.29.290
46.29.300
46.29.310
46.29.320
46.29.330
46.29.340
46.29.350
46.29.360
46.29.370
46.29.390
46.29.400
46.29.410
46.29.420
46.29.430
46.29.440
46.29.450
46.29.460
46.29.470
46.29.480
46.29.490
46.29.500
46.29.510
Application of sections requiring deposit of proof of financial
responsibility for the future.
"Proof of financial responsibility for the future" defined.
"Judgment," "state" defined.
Suspension continues until proof furnished.
Action in respect to unlicensed person.
Action in respect to nonresidents.
When courts to report nonpayment of judgments.
Further action with respect to nonresidents.
Suspension for nonpayment of judgments.
Exception in relation to government vehicles.
Exception when consent granted by judgment creditor.
Exception when insurer liable.
Suspension continues until judgments paid and proof given.
Payments sufficient to satisfy requirements.
Installment payment of judgments—Default.
Action if breach of agreement.
Proof required in addition to deposit of security after accident.
Additional proof required—Suspension or revocation for failure to give proof.
Additional proof required—Suspension to continue until proof
given and maintained.
Alternate methods of giving proof.
Certificate of insurance as proof.
Certificate furnished by nonresident as proof.
Default by nonresident insurer.
"Motor vehicle liability policy" defined.
Notice of cancellation or termination of certified policy.
Chapter not to affect other policies.
(2008 Ed.)
Financial Responsibility
46.29.520
46.29.530
46.29.540
46.29.550
46.29.560
46.29.570
46.29.580
46.29.590
46.29.600
Bond as proof.
When bond constitutes a lien.
Action on bond.
Money or securities as proof.
Application of deposit.
Owner may give proof for others.
Substitution of proof.
Other proof required, when.
Duration of proof—When proof may be canceled or returned.
VIOLATIONS
46.29.605
46.29.610
46.29.620
Suspension of registration, notice—Surrender of license
plates—Penalties.
Surrender of license—Penalty.
Forged proof—Penalty.
46.29.630
46.29.640
46.29.900
46.29.910
46.29.920
Self-insurers.
Chapter not to prevent other process.
Construction—1963 c 169.
Severability—1963 c 169.
Repeals and saving.
MISCELLANEOUS
Revoked license not to be renewed or restored until proof of financial
responsibility given: RCW 46.20.311.
ADMINISTRATION
46.29.010 Purpose. It is the purpose of this chapter to
adopt in substance the provisions of the uniform vehicle code
relating to financial responsibility in order to achieve greater
uniformity with the laws of other states and thereby reduce
the conflicts in laws confronting motorists as they travel
between states. [1963 c 169 § 1.]
46.29.010
46.29.020 Definitions. (1) The term "owner" as used in
this chapter shall mean registered owner as defined in RCW
46.04.460.
(2) The term "registration" as used in this chapter shall
mean the certificate of license registration issued under the
laws of this state. [1963 c 169 § 2.]
46.29.020
46.29.030 Director to administer chapter. (1) The
director shall administer and enforce the provisions of this
chapter and may make rules and regulations necessary for its
administration.
(2) The director shall prescribe and provide suitable
forms requisite or deemed necessary for the purposes of this
chapter. [1963 c 169 § 3.]
46.29.030
46.29.040 Court review. Any order of the director
under the provisions of this chapter shall be subject to review,
at the instance of any party in interest, by appeal to the superior court of Thurston county, or at his option to the superior
court of the county of his residence. The scope of such review
shall be limited to that prescribed by RCW 7.16.120 governing review by certiorari. Notice of appeal must be filed within
thirty days after service of the notice of such order. The court
shall determine whether the filing of the appeal shall operate
as a stay of any such order of the director. Upon the filing the
notice of appeal the court shall issue an order to the director
to show cause why the order should not be reversed or modified. The order to show cause shall be returnable not less than
ten nor more than thirty days after the date of service thereof
upon the director. The court after hearing the matter may
modify, affirm or reverse the order of the director in whole or
in part. [1998 c 41 § 7; 1963 c 169 § 4.]
46.29.040
(2008 Ed.)
46.29.060
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
46.29.050 Furnishing driving record and evidence of
ability to respond in damages—Fees. (1) The department
shall upon request furnish any person or his attorney a certified abstract of his driving record, which abstract shall
include enumeration of any motor vehicle accidents in which
such person has been involved. Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles
were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the
motor vehicle laws as reported to the department, reference to
any findings that the person has committed a traffic infraction
which have been reported to the department, and a record of
any vehicles registered in the name of the person. The
department shall collect for each abstract the sum of ten dollars, fifty percent of which shall be deposited in the highway
safety fund and fifty percent of which must be deposited
according to RCW 46.68.038.
(2) The department shall upon request furnish any person
who may have been injured in person or property by any
motor vehicle, with an abstract of all information of record in
the department pertaining to the evidence of the ability of any
driver or owner of any motor vehicle to respond in damages.
The department shall collect for each abstract the sum of ten
dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited
according to RCW 46.68.038. [2007 c 424 § 2; 2002 c 352 §
19; 1987 1st ex.s. c 9 § 1; 1985 ex.s. c 1 § 10; 1979 ex.s. c 136
§ 63; 1969 ex.s. c 40 § 1; 1967 c 174 § 1; 1963 c 169 § 5.]
46.29.050
Effective date—2007 c 424: See note following RCW 46.20.293.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1987 1st ex.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 9 § 11.]
Effective date—1987 1st ex.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1987." [1987 1st ex.s. c 9 § 12.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: "Sections 1, 2, 3 and 4 of this amendatory
act shall become effective July 1, 1967." [1967 c 174 § 7.]
Abstract of driving record furnished to insurance company: RCW
46.52.130.
SECURITY FOLLOWING ACCIDENT
46.29.060 Application of sections requiring deposit of
security and suspensions for failure to deposit security.
The provisions of this chapter, requiring deposit of security
and suspensions for failure to deposit security, subject to certain exemptions, shall apply to the driver and owner of any
vehicle of a type subject to registration under the motor vehicle laws of this state which is in any manner involved in an
accident within this state, which accident has resulted in
bodily injury or death of any person or damage to the property of any one person to an apparent extent equal to or
46.29.060
[Title 46 RCW—page 143]
46.29.070
Title 46 RCW: Motor Vehicles
greater than the minimum amount established by rule
adopted by the director. The director shall adopt rules establishing the property damage threshold at which the provisions
of this chapter apply with respect to the deposit of security
and suspensions for failure to deposit security. Beginning
October 1, 1987, the property damage threshold shall be five
hundred dollars. The thresholds shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic
changes as reflected by an inflationary index recommended
by the office of financial management. The revisions shall be
guided by the change in the index for the time period since
the last revision and by the threshold established by the chief
of the Washington state patrol for the filing of accident
reports as provided in RCW 46.52.030. [1987 c 463 § 1;
1977 ex.s. c 369 § 1; 1971 ex.s. c 22 § 2; 1963 c 169 § 6.]
46.29.070 Department to determine amount of security required—Notices. (1) The department, not less than
twenty days after receipt of a report of an accident as
described in the preceding section, shall determine the
amount of security which shall be sufficient in its judgment to
satisfy any judgment or judgments for damages resulting
from such accident as may be recovered against each driver
or owner. Such determination shall not be made with respect
to drivers or owners who are exempt under succeeding sections of this chapter from the requirements as to security and
suspension.
(2) The department shall determine the amount of security deposit required of any person upon the basis of the
reports or other information submitted. In the event a person
involved in an accident as described in this chapter fails to
make a report or submit information indicating the extent of
his injuries or the damage to his property within one hundred
eighty days after the accident and the department does not
have sufficient information on which to base an evaluation of
such injuries or damage, then the department after reasonable
notice to such person, if it is possible to give such notice, otherwise without such notice, shall not require any deposit of
security for the benefit or protection of such person.
(3) The department after receipt of report of any accident
referred to herein and upon determining the amount of security to be required of any person involved in such accident or
to be required of the owner of any vehicle involved in such
accident shall give written notice to every such person of the
amount of security required to be deposited by him and that
an order of suspension will be made as hereinafter provided
not less than twenty days and not more than sixty days after
the sending of such notice unless within said time security be
deposited as required by said notice. [1981 c 309 § 1; 1979 c
78 § 1; 1963 c 169 § 7.]
46.29.070
Proof of financial security for the future required in addition to security after
accident: RCW 46.29.420.
46.29.080 Exceptions as to requirement of security.
The requirements as to security and suspension in this chapter shall not apply:
(1) To the driver or owner if the owner had in effect at
the time of the accident an automobile liability policy or bond
with respect to the vehicle involved in the accident, except
that a driver shall not be exempt under this subsection if at the
46.29.080
[Title 46 RCW—page 144]
time of the accident the vehicle was being operated without
the owner’s permission, express or implied;
(2) To the driver, if not the owner of the vehicle involved
in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his
driving of vehicles not owned by him;
(3) To the driver, if not the owner of the vehicle involved
in the accident, if there was in effect at the time of the accident an automobile liability policy or bond as to which there
is a bona fide dispute concerning coverage of such driver as
evidenced by the pendency of litigation seeking a declaration
of said driver’s coverage under such policy or bond;
(4) To the driver, whether or not the owner, if there is a
bona fide claim on the part of the driver that there was in
effect at the time of the accident, an automobile liability policy or bond insuring or covering such driver;
(5) To any person qualifying as a self-insurer under
RCW 46.29.630 or to any person operating a vehicle for such
self-insurer;
(6) To the driver or the owner of a vehicle involved in an
accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner;
(7) To the driver or owner of a vehicle which at the time
of the accident was parked, unless such vehicle was parked at
a place where parking was at the time of the accident prohibited under any applicable law or ordinance;
(8) To the owner of a vehicle if at the time of the accident
the vehicle was being operated without his permission,
express or implied, or was parked by a person who had been
operating such vehicle without such permission, except if the
vehicle was operated by his minor child or spouse;
(9) To the owner of a vehicle involved in an accident if
at the time of the accident such vehicle was owned by or
leased to the United States, this state or any political subdivision of this state or a municipality thereof, or to the driver of
such vehicle if operating such vehicle with permission; or
(10) To the driver or the owner of a vehicle in the event
at the time of the accident the vehicle was being operated by
or under the direction of a police officer who, in the performance of his duties, shall have assumed custody of such vehicle. [1965 c 124 § 1; 1963 c 169 § 8.]
46.29.090 Requirements as to policy or bond. (1) No
policy or bond is effective under RCW 46.29.080 unless
issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (2) of this section, nor unless such policy or bond is
subject, if the accident has resulted in bodily injury or death,
to a limit, exclusive of interest and costs, of not less than
twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said
limit for one person, to a limit of not less than fifty thousand
dollars because of bodily injury to or death of two or more
persons in any one accident, and if the accident has resulted
in injury to, or destruction of, property to a limit of not less
than ten thousand dollars because of injury to or destruction
of property of others in any one accident.
(2) No policy or bond is effective under RCW 46.29.080
with respect to any vehicle which was not registered in this
state or was a vehicle which was registered elsewhere than in
this state at the effective date of the policy or bond or the
46.29.090
(2008 Ed.)
Financial Responsibility
most recent renewal thereof, unless the insurance company or
surety company issuing such policy or bond is authorized to
do business in this state, or if said company is not authorized
to do business in this state, unless it executes a power of attorney authorizing the director of licensing to accept service on
its behalf of notice or process in any action upon such policy
or bond arising out of such accident.
(3) The department may rely upon the accuracy of the
information in a required report of an accident as to the existence of insurance or a bond unless and until the department
has reason to believe that the information is erroneous. [1980
c 117 § 3; 1979 c 158 § 155; 1967 ex.s. c 3 § 1; 1963 c 169 §
9.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: "This amendatory act shall take effect
on July 1, 1968." [1967 ex.s. c 3 § 6.]
46.29.100 Form and amount of security. (1) The
security required under this chapter shall be in such form and
in such amount as the department may require, but in no case
in excess of the limits specified in RCW 46.29.090 in reference to the acceptable limits of a policy or bond.
(2) Every depositor of security shall designate in writing
every person in whose name such deposit is made and may at
any time change such designation, but any single deposit of
security shall be applicable only on behalf of persons
required to furnish security because of the same accident.
[1963 c 169 § 10.]
46.29.100
46.29.110 Failure to deposit security—Suspensions.
If a person required to deposit security under this chapter fails
to deposit such security within sixty days after the department has sent the notice as hereinbefore provided, the department shall thereupon suspend:
(1) The driver’s license of each driver in any manner
involved in the accident;
(2) The driver’s license of the owner of each vehicle of a
type subject to registration under the laws of this state
involved in the accident;
(3) If the driver or owner is a nonresident, the privilege
of operating within this state a vehicle of a type subject to
registration under the laws of this state.
Such suspensions shall be made in respect to persons
required by the department to deposit security who fail to
deposit such security except as otherwise provided under succeeding sections of this chapter. [1990 c 250 § 51; 1987 c
378 § 1; 1967 c 32 § 37; 1963 c 169 § 11.]
46.29.110
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.120 Release from liability. (1) A person shall be
relieved from the requirement for deposit of security for the
benefit or protection of another person injured or damaged in
the accident in the event he is released from liability by such
other person.
(2) In the event the department has evaluated the injuries
or damage to any minor the department may accept, for the
purposes of this chapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on
behalf of such minor without the approval of any court or
judge. [1965 c 124 § 2; 1963 c 169 § 12.]
46.29.120
(2008 Ed.)
46.29.160
46.29.130
46.29.130 Adjudication of nonliability. A person shall
be relieved from the requirement for deposit of security in
respect to a claim for injury or damage arising out of the accident in the event such person has been finally adjudicated not
to be liable in respect to such claim. [1963 c 169 § 13.]
46.29.140
46.29.140 Agreements for payment of damages. (1)
Any two or more of the persons involved in or affected by an
accident as described in RCW 46.29.060 may at any time
enter into a written agreement for the payment of an agreed
amount with respect to all claims of any of such persons
because of bodily injury to or death or property damage arising from such accident, which agreement may provide for
payment in installments, and may file a signed copy thereof
with the department.
(2) The department, to the extent provided by any such
written agreement filed with it, shall not require the deposit
of security and shall terminate any prior order of suspension,
or, if security has previously been deposited, the department
shall immediately return such security to the depositor or his
personal representative.
(3) In the event of a default in any payment under such
agreement and upon notice of such default the department
shall take action suspending the license of such person in
default as would be appropriate in the event of failure of such
person to deposit security when required under this chapter.
(4) Such suspension shall remain in effect and such
license shall not be restored unless and until:
(a) Security is deposited as required under this chapter in
such amount as the department may then determine,
(b) When, following any such default and suspension,
the person in default has paid the balance of the agreed
amount,
(c) When, following any such default and suspension,
the person in default has resumed installment payments under
an agreement acceptable to the creditor, or
(d) Three years have elapsed following the accident and
evidence satisfactory to the department has been filed with it
that during such period no action at law upon such agreement
has been instituted and is pending. [1981 c 309 § 2; 1963 c
169 § 14.]
46.29.150
46.29.150 Payment upon judgment. The payment of a
judgment arising out of an accident or the payment upon such
judgment of an amount equal to the maximum amount which
could be required for deposit under this chapter shall, for the
purposes of this chapter, release the judgment debtor from the
liability evidenced by such judgment. [1963 c 169 § 15.]
46.29.160
46.29.160 Termination of security requirement. The
department, if satisfied as to the existence of any fact which
under RCW 46.29.120, 46.29.130, 46.29.140 or 46.29.150
would entitle a person to be relieved from the security
requirements of this chapter, shall not require the deposit of
security by the person so relieved from such requirement, or
if security has previously been deposited by such person, the
department shall immediately return such deposit to such person or to his personal representative. [1963 c 169 § 16.]
[Title 46 RCW—page 145]
46.29.170
Title 46 RCW: Motor Vehicles
46.29.170 Duration of suspension. Unless a suspension is terminated under other provisions of this chapter, any
order of suspension by the department under this chapter
shall remain in effect and no license shall be renewed for or
issued to any person whose license is so suspended until:
(1) Such person shall deposit or there shall be deposited
on his behalf the security required under this chapter, or
(2) Three years have elapsed following the date of the
accident resulting in such suspension and evidence satisfactory to the department has been filed with it that during such
period no action for damages arising out of the accident
resulting in such suspension has been instituted.
An affidavit of the applicant that no action at law for
damages arising out of the accident has been filed against him
or, if filed, that it is not still pending shall be prima facie evidence of that fact. The department may take whatever steps
are necessary to verify the statement set forth in any said affidavit. [1981 c 309 § 3; 1963 c 169 § 17.]
46.29.170
46.29.180 Application to nonresidents, unlicensed
drivers, unregistered vehicles, and accidents in other
states. (1) In case the driver or the owner of a vehicle of a
type subject to registration under the laws of this state
involved in an accident within this state has no driver’s
license in this state, then such driver shall not be allowed a
driver’s license until he has complied with the requirements
of this chapter to the same extent that would be necessary if,
at the time of the accident, he had held a license or been the
owner of a vehicle registered in this state.
(2) When a nonresident’s driving privilege is suspended
pursuant to RCW 46.29.110, the department shall transmit a
certified copy of the record or abstract of such action to the
official in charge of the issuance of licenses and registration
certificates in the state in which such nonresident resides, if
the law of such other state provided for action in relation
thereto similar to that provided for in subsection (3) of this
section.
(3) Upon receipt of such certification that the driving
privilege of a resident of this state has been suspended or
revoked in any such other state pursuant to a law providing
for its suspension or revocation for failure to deposit security
for the payment of judgments arising out of a motor vehicle
accident, under circumstances which would require the
department to suspend a nonresident’s driving privilege had
the accident occurred in this state, the department shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of his compliance
with the law of such other state relating to the deposit of such
security. [1967 c 32 § 38; 1963 c 169 § 18.]
46.29.180
46.29.190 Authority of department to decrease
amount of security. The department may reduce the amount
of security ordered in any case if in its judgment the amount
ordered is excessive. In case the security originally ordered
has been deposited, the excess deposit over the reduced
amount ordered shall be returned to the depositor or his personal representative forthwith. [1965 c 124 § 3; 1963 c 169 §
19.]
46.29.190
46.29.200 Correction of action by department.
Whenever the department has taken any action or has failed
46.29.200
[Title 46 RCW—page 146]
to take any action under this chapter by reason of having
received erroneous information, then upon receiving correct
information within three years after the date of an accident
the department shall take appropriate action to carry out the
purposes and effect of this chapter. The foregoing, however,
shall not be deemed to require the department to reevaluate
the amount of any deposit required under this chapter. [1967
c 61 § 1; 1965 c 124 § 4; 1963 c 169 § 20.]
46.29.210 Custody of security. The department shall
place any security deposited with it under this chapter in the
custody of the state treasurer. [1963 c 169 § 21.]
46.29.210
46.29.220 Disposition of security. (1) Such security
shall be applicable and available only:
(a) For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of
the person who made the deposit, or
(b) For the payment of a judgment or judgments, rendered against the person required to make the deposit, for
damages arising out of the accident in an action at law begun
not later than three years after the date of the accident.
(2) Every distribution of funds from the security deposits
shall be subject to the limits of the department’s evaluation
on behalf of a claimant. [1981 c 309 § 4; 1963 c 169 § 22.]
46.29.220
46.29.230 Return of deposit. Upon the expiration of
three years from the date of the accident resulting in the security requirement, any security remaining on deposit shall be
returned to the person who made such deposit or to his personal representative if an affidavit or other evidence satisfactory to the department has been filed with it:
(1) That no action for damages arising out of the accident
for which deposit was made is pending against any person on
whose behalf the deposit was made, and
(2) That there does not exist any unpaid judgment rendered against any such person in such an action.
The foregoing provisions of this section shall not be construed to limit the return of any deposit of security under any
other provision of this chapter authorizing such return. [1981
c 309 § 5; 1963 c 169 § 23.]
46.29.230
46.29.240 Certain matters not evidence in civil suits.
The report required following an accident, the action taken by
the department pursuant to this chapter, the findings, if any,
of the department upon which such action is based, and the
security filed as provided in this chapter, shall not be referred
to in any way, and shall not be any evidence of the negligence
or due care of either party, at the trial of any action at law to
recover damages. [1963 c 169 § 24.]
46.29.240
PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE
46.29.250 Application of sections requiring deposit of
proof of financial responsibility for the future. The provisions of this chapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor
46.29.250
(2008 Ed.)
Financial Responsibility
vehicle laws, or who have failed to pay judgments upon
causes of action arising out of ownership, maintenance or use
of vehicles of a type subject to registration under the laws of
this state, or who having driven or owned a vehicle involved
in an accident are required to deposit security under the provisions of RCW 46.29.070. [1963 c 169 § 25.]
46.29.260 "Proof of financial responsibility for the
future" defined. The term "proof of financial responsibility
for the future" as used in this chapter means: Proof of ability
to respond in damages for liability, on account of accidents
occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance, or use of a vehicle of
a type subject to registration under the laws of this state, in
the amount of twenty-five thousand dollars because of bodily
injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or
more persons in any one accident, and in the amount of ten
thousand dollars because of injury to or destruction of property of others in any one accident. Wherever used in this
chapter the terms "proof of financial responsibility" or
"proof" shall be synonymous with the term "proof of financial responsibility for the future." [1980 c 117 § 4; 1967 ex.s.
c 3 § 2; 1963 c 169 § 26.]
46.29.260
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.270 "Judgment," "state" defined. The following words and phrases when used in this chapter shall, for the
purpose of this chapter, have the meanings respectively
ascribed to them in this section.
(1) The term "judgment" shall mean: Any judgment
which shall have become final by expiration without appeal
of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court
of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any vehicle of a type subject to registration
under the laws of this state, for damages, including damages
for care and loss of services, because of bodily injury to or
death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or
upon a cause of action on an agreement of settlement for such
damages. The first page of a judgment must include a judgment summary that states damages are awarded under this
section and the clerk of the court must give notice as outlined
in RCW 46.29.310.
(2) The term "state" shall mean: Any state, territory, or
possession of the United States, the District of Columbia, or
any province of the Dominion of Canada. [1999 c 296 § 2;
1963 c 169 § 27.]
46.29.270
46.29.280 Suspension continues until proof furnished. Whenever, under any law of this state, the license of
any person is suspended or revoked by reason of a conviction, forfeiture of bail, or finding that a traffic infraction has
been committed, the suspension or revocation hereinbefore
required shall remain in effect and the department shall not
issue to such person any new or renewal of license until per46.29.280
(2008 Ed.)
46.29.330
mitted under the motor vehicle laws of this state, and not then
unless and until such person shall give and thereafter maintain proof of financial responsibility for the future. Upon
receiving notice of the termination or cancellation of proof of
financial responsibility for the future, the department shall
resuspend or rerevoke the person’s driving privilege until the
person again gives and thereafter maintains proof of financial
responsibility for the future. [1985 c 157 § 1; 1979 ex.s. c
136 § 64; 1963 c 169 § 28.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.290 Action in respect to unlicensed person. If a
person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure
an appearance for trial for any offense requiring the suspension or revocation of license, no license shall be thereafter
issued to such person unless he shall give and thereafter
maintain proof of financial responsibility for the future.
[1965 c 124 § 5; 1963 c 169 § 29.]
46.29.290
46.29.300 Action in respect to nonresidents. Whenever the department suspends or revokes a nonresident’s
driving privilege by reason of a conviction, forfeiture of bail,
or finding that a traffic infraction has been committed such
privilege shall remain so suspended or revoked unless such
person shall have previously given or shall immediately give
and thereafter maintain proof of financial responsibility for
the future. [1979 ex.s. c 136 § 65; 1967 c 32 § 39; 1963 c 169
§ 30.]
46.29.300
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.310 When courts to report nonpayment of
judgments. Whenever any person fails within thirty days to
satisfy any judgment, then it shall be the duty of the clerk of
the court, or of the judge of a court which has no clerk, in
which any such judgment is rendered within this state to forward immediately to the department the following:
(1) A certified copy or abstract of such judgment;
(2) A certificate of facts relative to such judgment;
(3) Where the judgment is by default, a certified copy or
abstract of that portion of the record which indicates the manner in which service of summons was effectuated and all the
measures taken to provide the defendant with timely and
actual notice of the suit against him. [1969 ex.s. c 44 § 1;
1963 c 169 § 31.]
46.29.310
46.29.320 Further action with respect to nonresidents. If the defendant named in any certified copy or
abstract of a judgment reported to the department is a nonresident, the department shall transmit those certificates furnished to it under RCW 46.29.310 to the official in charge of
the issuance of licenses and registrations of the state of which
the defendant is a resident. [1969 ex.s. c 44 § 2; 1963 c 169
§ 32.]
46.29.320
46.29.330 Suspension for nonpayment of judgments.
The department upon receipt of the certificates provided for
by RCW 46.29.310, on a form provided by the department,
46.29.330
[Title 46 RCW—page 147]
46.29.340
Title 46 RCW: Motor Vehicles
shall forthwith suspend the license and any nonresident’s
driving privilege of any person against whom such judgment
was rendered, except as otherwise provided in this chapter.
[1990 c 250 § 52; 1969 ex.s. c 44 § 3; 1967 c 32 § 40; 1963 c
169 § 33.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.340 Exception in relation to government vehicles. The provisions of RCW 46.29.330 shall not apply with
respect to any such judgment arising out of an accident
caused by the ownership or operation, with permission, of a
vehicle owned or leased to the United States, this state or any
political subdivision of this state or a municipality thereof.
[1963 c 169 § 34.]
46.29.340
46.29.350 Exception when consent granted by judgment creditor. If the judgment creditor consents in writing,
in such form as the department may prescribe, that the judgment debtor be allowed a license or nonresident’s driving
privilege, the same may be allowed by the department, in its
discretion, for six months from the date of such consent and
thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any
installments thereof prescribed in RCW 46.29.400, provided
the judgment debtor furnishes proof of financial responsibility. [1967 c 32 § 41; 1963 c 169 § 35.]
46.29.350
46.29.360 Exception when insurer liable. No license
or nonresident’s driving privilege of any person shall be suspended under the provisions of this chapter if the department
shall find that an insurer was obligated to pay the judgment
upon which suspension is based, at least to the extent and for
the amounts required in this chapter, but has not paid such
judgment for any reason. A finding by the department that an
insurer is obligated to pay a judgment shall not be binding
upon such insurer and shall have no legal effect whatever
except for the purpose of administering this section. If the
department finds that no insurer is obligated to pay such a
judgment, the judgment debtor may file with the department
a written notice of his intention to contest such finding by an
action in the superior court. In such a case the license or the
nonresident’s driving privilege of such judgment debtor shall
not be suspended by the department under the provisions of
this chapter for thirty days from the receipt of such notice nor
during the pendency of any judicial proceedings brought in
good faith to determine the liability of an insurer so long as
the proceedings are being diligently prosecuted to final judgment by such judgment debtor. Whenever in any judicial proceedings it shall be determined by any final judgment, decree
or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding
theretofore made by it, shall forthwith suspend the license
and any nonresident’s driving privilege of any person against
whom such judgment was rendered, as provided in RCW
46.29.330. [1967 c 32 § 42; 1963 c 169 § 36.]
46.29.360
46.29.370 Suspension continues until judgments paid
and proof given. Such license and nonresident’s driving
privilege shall remain so suspended and shall not be renewed,
nor shall any such license be thereafter issued in the name of
such person, including any such person not previously
licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided and until the
said person gives proof of financial responsibility subject to
the exemptions stated in RCW 46.29.350, 46.29.360 and
46.29.400. [1967 c 32 § 43; 1963 c 169 § 37.]
46.29.390 Payments sufficient to satisfy requirements. (1) Judgments herein referred to are, for the purpose
of this chapter only, deemed satisfied:
(a) When twenty-five thousand dollars has been credited
upon any judgment or judgments rendered in excess of that
amount because of bodily injury to or death of one person as
the result of any one accident; or
(b) When, subject to such limit of twenty-five thousand
dollars because of bodily injury to or death of one person, the
sum of fifty thousand dollars has been credited upon any
judgment or judgments rendered in excess of that amount
because of bodily injury to or death of two or more persons as
the result of any one accident; or
(c) When ten thousand dollars has been credited upon
any judgment or judgments rendered in excess of that amount
because of injury to or destruction of property of others as a
result of any one accident.
(2) Payments made in settlements of any claims because
of bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts provided for in this section. [1980 c 117 § 5; 1979 c 61 § 14;
1967 ex.s. c 3 § 3; 1963 c 169 § 39.]
46.29.390
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.400 Installment payment of judgments—
Default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment
was rendered for the privilege of paying such judgment in
installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of
payment of the installments.
(2) The department shall not suspend a license or nonresident’s driving privilege, and shall restore any license or nonresident’s driving privilege suspended following nonpayment
of a judgment, when the judgment debtor gives proof of
financial responsibility and obtain such an order permitting
the payment of such judgment in installments, and while the
payment of any said installments is not in default. [1967 c 32
§ 44; 1963 c 169 § 40.]
46.29.400
46.29.410 Action if breach of agreement. In the event
the judgment debtor fails to pay any installment as specified
by such order, then upon notice of such default, the department shall forthwith suspend the license or nonresident’s
driving privilege of the judgment debtor until such judgment
is satisfied, as provided in this chapter. [1967 c 32 § 45; 1963
c 169 § 41.]
46.29.410
46.29.370
[Title 46 RCW—page 148]
46.29.420 Proof required in addition to deposit of
security after accident. Any person required to deposit
security under RCW 46.29.070, for the benefit or protection
46.29.420
(2008 Ed.)
Financial Responsibility
of another person injured or damaged in an accident, shall in
addition be required to give proof of financial responsibility
for the future. The department shall give written notice of
such additional requirement to every such person at the time
and in the manner provided in RCW 46.29.070 for giving
notice of the requirement for security. [1963 c 169 § 42.]
46.29.430 Additional proof required—Suspension or
revocation for failure to give proof. If a person required to
give proof of financial responsibility under RCW 46.29.420
fails to give such proof within sixty days after the department
has sent notice as hereinbefore provided, the department shall
suspend, or continue in effect any existing suspension or
revocation of, the license or any nonresident’s driving privilege of the person. [1990 c 250 § 53; 1987 c 371 § 1; 1967 c
32 § 46; 1963 c 169 § 43.]
46.29.430
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.440 Additional proof required—Suspension to
continue until proof given and maintained. Such license
or nonresident’s driving privilege shall remain so suspended
and shall not be renewed, nor shall any such license be thereafter issued in the name of such person, including any such
person not previously licensed, unless and until such person
shall give and thereafter maintain proof of financial responsibility for the future. The furnishing of such proof shall permit
such person to operate only a motor vehicle covered by such
proof. The department shall endorse appropriate restrictions
on the license held by such person or may issue a new license
containing such restrictions. [1967 c 32 § 47; 1965 c 124 § 6;
1963 c 169 § 44.]
46.29.440
46.29.450 Alternate methods of giving proof. Proof of
financial responsibility when required under this chapter,
with respect to such a vehicle or with respect to a person who
is not the owner of such a vehicle, may be given by filing:
(1) A certificate of insurance as provided in RCW
46.29.460 or 46.29.470;
(2) A bond as provided in RCW 46.29.520;
(3) A certificate of deposit of money or securities as provided in RCW 46.29.550; or
(4) A certificate of self-insurance, as provided in RCW
46.29.630, supplemented by an agreement by the self-insurer
that, with respect to accidents occurring while the certificate
is in force, he will pay the same amounts that an insurer
would have been obliged to pay under an owner’s motor
vehicle liability policy if it had issued such a policy to said
self-insurer. [1963 c 169 § 45.]
46.29.450
46.29.460 Certificate of insurance as proof. Proof of
financial responsibility for the future may be furnished by filing with the department the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for
the benefit of the person required to furnish proof of financial
responsibility. Such certificate shall give the effective date of
such motor vehicle liability policy, which date shall be the
same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all
vehicles covered thereby, unless the policy is issued to a per46.29.460
(2008 Ed.)
46.29.490
son who is not the owner of a motor vehicle. [1963 c 169 §
46.]
46.29.470 Certificate furnished by nonresident as
proof. A nonresident may give proof of financial responsibility by filing with the department a written certificate or
certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by
such nonresident is registered, or in the state in which such
nonresident resides, if he does not own a vehicle, provided
such certificate otherwise conforms with the provisions of
this chapter, and the department shall accept the same upon
condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Said insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of
notice or process in any action arising out of a motor vehicle
accident in this state;
(2) Said insurance carrier shall agree in writing that such
policies shall be deemed to conform with the laws of this
state relating to the terms of motor vehicle liability policies
issued therein. [1963 c 169 § 47.]
46.29.470
46.29.480 Default by nonresident insurer. If any
insurance carrier not authorized to transact business in this
state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the
department shall not thereafter accept as proof any certificate
of said carrier whether theretofore filed or thereafter tendered
as proof, so long as such default continues. [1963 c 169 §
48.]
46.29.480
46.29.490 "Motor vehicle liability policy" defined.
(1) Certification. A "motor vehicle liability policy" as said
term is used in this chapter means an "owner’s policy" or an
"operator’s policy" of liability insurance, certified as provided in RCW 46.29.460 or 46.29.470 as proof of financial
responsibility for the future, and issued, except as otherwise
provided in RCW 46.29.470, by an insurance carrier duly
authorized to transact business in this state, to or for the benefit of the person named in the policy as insured.
(2) Owner’s policy. Such owner’s policy of liability
insurance:
(a) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is to
be granted by the policy; and
(b) Shall insure the person named therein and any other
person, as insured, using any such vehicle or vehicles with
the express or implied permission of such named insured,
against loss from the liability imposed by law for damages
arising out of the ownership, maintenance, or use of such
vehicle or vehicles within the United States of America or the
Dominion of Canada, subject to limits exclusive of interest
and costs, with respect to each such vehicle as follows:
Twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said
limit for one person, fifty thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and ten thousand dollars because of injury to or destruction of
property of others in any one accident.
46.29.490
[Title 46 RCW—page 149]
46.29.500
Title 46 RCW: Motor Vehicles
(3) Operator’s policy. Such operator’s policy of liability
insurance shall insure the person named as insured therein
against loss from the liability imposed upon him by law for
damages arising out of the use by him of any motor vehicle
not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with
respect to an owner’s policy of liability insurance.
(4) Required statements in policies. Such motor vehicle
liability policy shall state the name and address of the named
insured, the coverage afforded by the policy, the premium
charged therefor, the policy period, and the limits of liability,
and shall contain an agreement or be endorsed that insurance
is provided under the policy in accordance with the coverage
defined in this chapter as respects bodily injury and death or
property damage, or both, and is subject to all the provisions
of this chapter.
(5) Policy need not insure workers’ compensation, etc.
Such motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on
account of bodily injury or death of an employee of the
insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
(6) Provisions incorporated in policy. Every motor vehicle liability policy is subject to the following provisions
which need not be contained therein:
(a) The liability of the insurance carrier with respect to
the insurance required by this chapter becomes absolute
whenever injury or damage covered by said motor vehicle
liability policy occurs; said policy may not be canceled or
annulled as to such liability by any agreement between the
insurance carrier and the insured after the occurrence of the
injury or damage; no statement made by the insured or on his
behalf and no violation of said policy defeats or voids said
policy.
(b) The satisfaction by the insured of a judgment for such
injury or damage shall not be a condition precedent to the
right or duty of the insurance carrier to make payment on
account of such injury or damage.
(c) The insurance carrier may settle any claim covered
by the policy, and if such settlement is made in good faith, the
amount thereof is deductible from the limits of liability specified in subdivision (b) of subsection (2) of this section.
(d) The policy, the written application therefor, if any,
and any rider or endorsement which does not conflict with the
provisions of this chapter constitutes the entire contract
between the parties.
(7) Excess or additional coverage. Any policy which
grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in
addition to the coverage specified for a motor vehicle liability
policy, and such excess or additional coverage is not subject
to the provisions of this chapter. With respect to a policy
which grants such excess or additional coverage the term
"motor vehicle liability policy" applies only to that part of the
coverage which is required by this section.
(8) Reimbursement provision permitted. Any motor
vehicle liability policy may provide that the insured shall
reimburse the insurance carrier for any payment the insur[Title 46 RCW—page 150]
ance carrier would not have been obligated to make under the
terms of the policy except for the provisions of this chapter.
(9) Proration of insurance permitted. Any motor vehicle
liability policy may provide for the prorating of the insurance
thereunder with other valid and collectible insurance.
(10) Multiple policies. The requirements for a motor
vehicle liability policy may be fulfilled by the policies of one
or more insurance carrier which policies together meet such
requirements.
(11) Binders. Any binder issued pending the issuance of
a motor vehicle liability policy is deemed to fulfill the
requirements for such a policy. [1980 c 117 § 6; 1967 ex.s. c
3 § 4; 1963 c 169 § 49.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.500 Notice of cancellation or termination of
certified policy. When an insurance carrier has certified a
motor vehicle liability policy under RCW 46.29.460 or
46.29.470 the insurance so certified shall not be canceled or
terminated until at least ten days after a notice of cancellation
or termination of the insurance so certified shall be filed in
the department, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect
to any vehicle designated in both certificates. [1963 c 169 §
50.]
46.29.500
46.29.510 Chapter not to affect other policies. (1)
This chapter shall not be held to apply to or affect policies of
automobile insurance against liability which may now or
hereafter be required by any other law of this state, and such
policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter, may be certified
as proof of financial responsibility under this chapter.
(2) This chapter shall not be held to apply to or affect
policies insuring solely the insured named in the policy
against liability resulting from the maintenance or use by persons in the insured’s employ or on his behalf of vehicles not
owned by the insured. [1963 c 169 § 51.]
46.29.510
46.29.520 Bond as proof. Proof of financial responsibility may be evidenced by the bond of a surety company
duly authorized to transact business within this state, or a
bond with at least two individual sureties each owning real
estate within this state, and together having equities equal in
value to at least twice the amount of the bond, which real
estate shall be scheduled in the bond approved by a judge of
the superior court, which said bond shall be conditioned for
payment of the amounts specified in RCW 46.29.260. Such
bond shall be filed with the department and shall not be cancellable except after ten days written notice to the department. [1963 c 169 § 52.]
46.29.520
46.29.530 When bond constitutes a lien. Before a
bond with individual sureties is accepted by the department it
shall be recorded as other instruments affecting real property
in the county or counties wherein any real estate scheduled in
such bond is located. Such bond shall constitute a lien from
the date of such recording in favor of the state upon the real
46.29.530
(2008 Ed.)
Financial Responsibility
estate so scheduled of any surety, which lien shall exist in
favor of any holder of a final judgment against the person
who has filed such bond, for damages, including damages for
care and loss of services, because of bodily injury to or death
of any person, or for damage because of injury to or destruction of property, including the loss of use thereof, resulting
from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state
after such bond was filed. [1963 c 169 § 53.]
46.29.540 Action on bond. If a judgment, rendered
against the principal on any bond described in RCW
46.29.520, shall not be satisfied within thirty days after it has
become final, the judgment creditor may, for his own use and
benefit and at his sole expense, bring an action or actions in
the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose
any lien that may exist upon the real estate of a person who
has executed such bond. Such an action to foreclose a lien
shall be prosecuted in the same manner as an action to foreclose a mortgage on real estate. [1963 c 169 § 54.]
46.29.540
46.29.550 Money or securities as proof. Proof of
financial responsibility may be evidenced by the certificate of
the state treasurer that the person named therein has deposited with him sixty thousand dollars in cash, or securities
such as may legally be purchased by savings banks or for
trust funds of a market value of sixty thousand dollars. The
state treasurer shall not accept any such deposit and issue a
certificate therefor and the department shall not accept such
certificate unless accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor
in the county where the depositor resides. [1980 c 117 § 7;
1967 ex.s. c 3 § 5; 1963 c 169 § 55.]
46.29.550
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.560 Application of deposit. Such deposit shall
be held by the state treasurer to satisfy, in accordance with the
provisions of this chapter, any execution on a judgment
issued against such person making the deposit, for damages,
including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages
because of injury to or destruction of property, including the
loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was
made. Money or securities so deposited shall not be subject to
attachment or execution unless such attachment or execution
shall arise out of a suit for damages as aforesaid. Any interest
or other income accruing to such money or securities, so
deposited, shall be paid by the state treasurer to the depositor,
or his order, as received. [1963 c 169 § 56.]
46.29.560
46.29.570 Owner may give proof for others. The
owner of a motor vehicle may give proof of financial responsibility on behalf of his employee or a member of his immediate family or household in lieu of the furnishing of proof by
any said person. The furnishing of such proof shall permit
such person to operate only a motor vehicle covered by such
46.29.570
(2008 Ed.)
46.29.600
proof. The department shall endorse appropriate restrictions
on the license held by such person, or may issue a new license
containing such restrictions. [1963 c 169 § 57.]
46.29.580 Substitution of proof. The department shall
consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer
shall return any money or securities to the person entitled
thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter. [1963 c 169 § 58.]
46.29.580
46.29.590 Other proof required, when. Whenever any
proof of financial responsibility filed under the provisions of
this chapter no longer fulfills the purposes for which
required, the department shall, for the purpose of this chapter,
require other proof as required by this chapter and shall suspend the license and registration pending the filing of such
other proof. [1963 c 169 § 59.]
46.29.590
46.29.600 Duration of proof—When proof may be
canceled or returned. (1) The department shall upon
request consent to the immediate cancellation of any bond or
certificate of insurance, or the department shall direct and the
state treasurer shall return to the person entitled thereto any
money or securities deposited pursuant to this chapter as
proof of financial responsibility, or the department shall
waive the requirement of filing proof, in any of the following
events:
(a) At any time after three years from the date such proof
was required when, during the three-year period preceding
the request, the department has not received record of a conviction, forfeiture of bail, or finding that a traffic infraction
has been committed which would require or permit the suspension or revocation of the license of the person by or for
whom such proof was furnished; or
(b) In the event of the death of the person on whose
behalf such proof was filed or the permanent incapacity of
such person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his license to the department;
(2) Provided, however, that the department shall not consent to the cancellation of any bond or the return of any
money or securities in the event any action for damages upon
a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the
event the person who has filed such bond or deposited such
money or securities has within one year immediately preceding such request been involved as a driver or owner in any
motor vehicle accident resulting in injury or damage to the
person or property of others. An affidavit of the applicant as
to the nonexistence of such facts, or that he has been released
from all of his liability, or has been finally adjudicated not to
be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the
records of the department.
(3) Whenever any person whose proof has been canceled
or returned under subdivision (1)(c) of this section applies for
a license within a period of three years from the date proof
was originally required, any such application shall be refused
46.29.600
[Title 46 RCW—page 151]
46.29.605
Title 46 RCW: Motor Vehicles
unless the applicant shall reestablish such proof for the
remainder of such three-year period. [1979 ex.s. c 136 § 66;
1963 c 169 § 60.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
VIOLATIONS
46.29.605 Suspension of registration, notice—Surrender of license plates—Penalties. (1) Whenever the
involvement in a motor vehicle accident in this state results in
the driving privilege of a person being suspended for failure
to pay a judgment or deposit security, the department shall
suspend the Washington registration of the motor vehicle if
the person driving at the time of the accident was also the registered owner of the motor vehicle.
(2) A notice of suspension shall be mailed by first-class
mail to the owner’s last known address of record in the
department and shall be effective notwithstanding the
owner’s failure to receive the notice.
(3) Upon suspension of the registration of a motor vehicle, the registered owner shall surrender all vehicle license
plates registered to the vehicle. The department shall destroy
the license plates and, upon reinstatement of the registration,
shall issue new vehicle license plates as provided in RCW
46.16.270.
(4) Failure to surrender license plates under subsection
(3) of this section is a misdemeanor punishable by imprisonment for not less than one day nor more than five days and by
a fine of not less than fifty dollars nor more than two hundred
fifty dollars.
(5) No vehicle license plates or certificate of ownership
or registration for a motor vehicle may be issued and no vehicle license may be renewed during the time the registration of
the motor vehicle is suspended.
(6) Any person who operates a vehicle in this state while
the registration of the vehicle is suspended is guilty of a gross
misdemeanor and upon conviction thereof shall be imprisoned for not less than two days nor more than five days and
fined not less than one hundred dollars nor more than five
hundred dollars. [1981 c 309 § 6.]
46.29.605
46.29.610 Surrender of license—Penalty. (1) Any
person whose license shall have been suspended under any
provision of this chapter, or whose policy of insurance or
bond, when required under this chapter, shall have been canceled or terminated, shall immediately return the license to
the department.
(2) Any person willfully failing to return a license as
required in subsection (1) of this section is guilty of a misdemeanor. [1990 c 250 § 54; 1963 c 169 § 61.]
46.29.610
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.620 Forged proof—Penalty. Any person who
shall forge, or, without authority, sign any evidence of proof
of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority,
shall be guilty of a gross misdemeanor. [1963 c 169 § 62.]
46.29.620
[Title 46 RCW—page 152]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
MISCELLANEOUS
46.29.630 Self-insurers. (1) Any person in whose name
more than twenty-five vehicles are registered in this state
may qualify as a self-insurer by obtaining a certificate of selfinsurance issued by the department as provided in subsection
(2) of this section.
(2) The department may, in its discretion, upon the application of such a person, issue a certificate of self-insurance
when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgment obtained
against such person. Such certificate may be issued authorizing a person to act as a self-insurer for either property damage
or bodily injury, or both.
(3) Upon not less than five days’ notice and a hearing
pursuant to such notice, the department may upon reasonable
grounds cancel a certificate of self-insurance. Failure to pay
any judgment within thirty days after such judgment shall
have become final shall constitute a reasonable ground for
the cancellation of a certificate of self-insurance. [1963 c 169
§ 63.]
46.29.630
46.29.640 Chapter not to prevent other process.
Nothing in this chapter shall be construed as preventing the
plaintiff in any action at law from relying for relief upon the
other processes provided by law. [1963 c 169 § 64.]
46.29.640
46.29.900 Construction—1963 c 169. RCW 46.29.010
through 46.29.640 shall be codified as a single chapter of the
Revised Code of Washington. RCW 46.29.010 through
46.29.050 shall be captioned "ADMINISTRATION." RCW
46.29.060 through 46.29.240 shall be captioned "SECURITY
FOLLOWING ACCIDENT." RCW 46.29.250 through
46.29.600 shall be captioned "PROOF OF FINANCIAL
RESPONSIBILITY FOR THE FUTURE." RCW 46.29.610
through 46.29.620 shall be captioned "VIOLATIONS OF
THIS CHAPTER." RCW 46.29.630 through 46.29.640 shall
be captioned "MISCELLANEOUS PROVISIONS RELATING TO FINANCIAL RESPONSIBILITY." Such captions
and subsection headings, as used in this chapter, do not constitute any part of the law. [1963 c 169 § 67.]
46.29.900
46.29.910 Severability—1963 c 169. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1963 c 169 § 68.]
46.29.910
46.29.920 Repeals and saving. Sections 46.24.010
through 46.24.910 and sections 46.28.010 through 46.28.200,
chapter 12, Laws of 1961 and RCW 46.24.010 through
46.24.910 and RCW 46.28.010 through 46.28.200 are each
repealed.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder. [1963 c 169 § 69.]
46.29.920
(2008 Ed.)
Mandatory Liability Insurance
Chapter 46.30
Chapter 46.30 RCW
MANDATORY LIABILITY INSURANCE
Sections
46.30.010
46.30.020
46.30.030
46.30.040
46.30.900
46.30.901
Legislative intent.
Liability insurance or other financial responsibility required—
Violations—Exceptions.
Insurance identification card.
Providing false evidence of financial responsibility—Penalty.
Severability—1989 c 353.
Effective date—1989 c 353.
46.30.010 Legislative intent. It is a privilege granted
by the state to operate a motor vehicle upon the highways of
this state. The legislature recognizes the threat that uninsured
drivers are to the people of the state. In order to alleviate the
threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in
this state satisfy the financial responsibility requirements of
this chapter. By enactment of this chapter it is not the intent
of the legislature to modify, amend, or invalidate existing
insurance contract terms, conditions, limitations, or exclusions or to preclude insurance companies from using similar
terms, conditions, limitations, or exclusions in future contracts. [1989 c 353 § 1.]
46.30.010
46.30.020 Liability insurance or other financial
responsibility required—Violations—Exceptions. (1)(a)
No person may operate a motor vehicle subject to registration
under chapter 46.16 RCW in this state unless the person is
insured under a motor vehicle liability policy with liability
limits of at least the amounts provided in RCW 46.29.090, is
self-insured as provided in RCW 46.29.630, is covered by a
certificate of deposit in conformance with RCW 46.29.550,
or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the
request of a law enforcement officer in the format specified
under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required
to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement
officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer,
failure to display an insurance identification card as specified
under RCW 46.30.030 creates a presumption that the person
does not have motor vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is
a traffic infraction and is subject to penalties as set by the
supreme court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of
this section appears in person before the court or a violations
bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial
responsibility requirements of subsection (1) of this section,
the citation shall be dismissed and the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this
46.30.020
(2008 Ed.)
46.30.901
section may, before the date scheduled for the person’s
appearance before the court or violations bureau, submit by
mail to the court or violations bureau written evidence that at
the time the person was cited, he or she was in compliance
with the financial responsibility requirements of subsection
(1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under
RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW
46.04.330, a motor-driven cycle as defined in RCW
46.04.332, or a moped as defined in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all
motor vehicle liability policies required by this chapter but
only those certified for the purposes stated in chapter 46.29
RCW. [2003 c 221 § 1; 2002 c 175 § 35; 1991 sp.s. c 25 § 1;
1991 c 339 § 24; 1989 c 353 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Notice of liability insurance requirement: RCW 46.16.212.
46.30.030 Insurance identification card. (1) Whenever an insurance company issues or renews a motor vehicle
liability insurance policy, the company shall provide the policyholder with an identification card as specified by the
department of licensing. At the policyholder’s request, the
insurer shall provide the policyholder a card for each vehicle
covered under the policy.
(2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification
cards to be used for proof of compliance with RCW
46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of
compliance through self-insurance, certificate of deposit, or
bond. In adopting such rules the department shall consider
the guidelines for insurance identification cards developed by
the insurance industry committee on motor vehicle administration. [1989 c 353 § 3.]
46.30.030
46.30.040 Providing false evidence of financial
responsibility—Penalty. Any person who knowingly provides false evidence of financial responsibility to a law
enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty
of a misdemeanor. [1991 sp.s. c 25 § 2; 1989 c 353 § 4.]
46.30.040
46.30.900 Severability—1989 c 353. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 353 § 12.]
46.30.900
46.30.901 Effective date—1989 c 353. This act shall
take effect January 1, 1990. The director of the department of
licensing may immediately take such steps as are necessary
46.30.901
[Title 46 RCW—page 153]
Chapter 46.32
Title 46 RCW: Motor Vehicles
to ensure that this act is implemented on its effective date.
[1989 c 353 § 13.]
Chapter 46.32
Chapter 46.32 RCW
VEHICLE INSPECTION
Sections
46.32.005
46.32.010
46.32.020
46.32.040
46.32.050
46.32.060
46.32.070
46.32.080
46.32.085
46.32.090
46.32.100
46.32.110
Definitions.
Types of inspection authorized—Duties of state patrol—Penalties.
Rules—Supplies—Assistants—Prioritization of higher risk
motor carriers.
Frequency of inspection—High-risk carrier compliance
review fee.
Prohibited practices—Penalty.
Moving defective vehicle unlawful—Impounding authorized.
Inspection of damaged vehicle.
Commercial motor vehicle safety enforcement—Application
for department of transportation number.
Rules to regulate commercial motor vehicle safety requirements.
Fees.
Violations—Penalties—Out-of-service orders.
Controlled substances, alcohol.
46.32.005 Definitions. For the purpose of this chapter
"commercial motor vehicle" means a self-propelled or towed
vehicle used on a highway in interstate or intrastate commerce to transport passengers or property, when the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating or gross weight or gross combination
weight of 4,536 kilograms or more (10,001 pounds or more);
or
(2) Is designed or used to transport more than eight passengers, including the driver, for compensation; or
(3) Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting materials found by the secretary of transportation to be hazardous under 49 U.S.C. Sec.
5103 and transported in a quantity requiring placarding under
regulations prescribed by the secretary under 49 C.F.R., subtitle B, Chapter I, subchapter C.
A recreational vehicle used for noncommercial purposes
is not considered a commercial motor vehicle. "Recreational
vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose. [2006 c 50 § 2; 1993 c 403 § 1.]
46.32.005
46.32.010 Types of inspection authorized—Duties of
state patrol—Penalties. (1) The chief of the Washington
state patrol may operate, maintain, or designate, throughout
the state of Washington, stations for the inspection of commercial motor vehicles, school buses, and private carrier
buses, with respect to vehicle equipment, drivers’ qualifications, and hours of service and to set reasonable times when
inspection of vehicles shall be performed.
(2) The state patrol may inspect a commercial motor
vehicle while the vehicle is operating on the public highways
of this state with respect to vehicle equipment, hours of service, and driver qualifications.
(3) It is unlawful for any vehicle required to be inspected
to be operated over the public highways of this state unless
and until it has been approved periodically as to equipment.
(4) Inspections shall be performed by a responsible
employee of the chief of the Washington state patrol, who
46.32.010
[Title 46 RCW—page 154]
shall be duly authorized and who shall have authority to
secure and withhold, with written notice to the director of
licensing, the certificate of license registration and license
plates of any vehicle found to be defective in equipment so as
to be unsafe or unfit to be operated upon the highways of this
state, and it shall be unlawful for any person to operate a
vehicle placed out of service by an officer unless and until it
has been placed in a condition satisfactory to pass a subsequent equipment inspection. The officer in charge of such
vehicle equipment inspection shall grant to the operator of
such defective vehicle the privilege to move such vehicle to a
place for repair under such restrictions as may be reasonably
necessary.
(5) In the event any insignia, sticker, or other marker is
adopted to be displayed upon vehicles in connection with the
inspection of vehicle equipment, it shall be displayed as
required by the rules of the chief of the Washington state
patrol, and it is a traffic infraction for any person to mutilate,
destroy, remove, or otherwise interfere with the display
thereof.
(6) It is a traffic infraction for any person to refuse to
have his motor vehicle examined as required by the chief of
the Washington state patrol, or, after having had it examined,
to refuse to place an insignia, sticker, or other marker, if
issued, upon the vehicle, or fraudulently to obtain any such
insignia, sticker, or other marker, or to refuse to place his
motor vehicle in proper condition after having had it examined, or in any manner, to fail to conform to the provisions of
this chapter.
(7) It is a traffic infraction for any person to perform
false or improvised repairs, or repairs in any manner not in
accordance with acceptable and customary repair practices,
upon a motor vehicle. [2007 c 419 § 7; 1993 c 403 § 2; 1986
c 123 § 1; 1979 ex.s. c 136 § 67; 1979 c 158 § 156; 1967 c 32
§ 48; 1961 c 12 § 46.32.010. Prior: 1947 c 267 § 1; 1945 c
44 § 1; 1937 c 189 § 7; Rem. Supp. 1947 § 6360-7.]
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.020 Rules—Supplies—Assistants—Prioritization of higher risk motor carriers. (1)(a) The chief of the
Washington state patrol may adopt reasonable rules regarding types of vehicles to be inspected, inspection criteria,
times for the inspection of vehicle equipment, drivers’ qualifications, hours of service, and all other matters with respect
to the conduct of vehicle equipment and driver inspections.
(b) The chief of the Washington state patrol shall prepare
and furnish such stickers, tags, record and report forms, stationery, and other supplies as shall be deemed necessary. The
chief of the Washington state patrol is empowered to appoint
and employ such assistants as he may consider necessary and
to fix hours of employment and compensation.
(2) The chief of the Washington state patrol shall use
data-driven analysis to prioritize for inspections and compliance reviews those motor carriers whose relative safety fitness identify them as higher risk motor carriers. [2007 c 419
§ 8; 1993 c 403 § 3; 1986 c 123 § 2; 1961 c 12 § 46.32.020.
Prior: 1945 c 44 § 2; 1937 c 189 § 8; Rem. Supp. 1945 §
6360-8.]
46.32.020
(2008 Ed.)
Vehicle Inspection
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.32.040 Frequency of inspection—High-risk carrier compliance review fee. (1) Except as provided in subsection (2) of this section, vehicle equipment inspection shall
be at such intervals as required by the chief of the Washington state patrol and shall be made without charge.
(2) When a motor carrier is identified as a high-risk carrier through a data-driven analysis due to formerly or recently
identified deficiencies or violations, the fee for each motor
carrier compliance review follow-up to ensure those deficiencies or violations have been corrected is two hundred fifty
dollars. The fee shall be collected by the Washington state
patrol and shall be deposited into the state patrol highway
account. This fee applies to motor carriers already identified
as a high-risk carrier or a motor carrier that has been reclassified as a high-risk carrier due to recently identified deficiencies or violations. [2007 c 419 § 9; 1986 c 123 § 3; 1961 c 12
§ 46.32.040. Prior: 1945 c 44 § 4; 1937 c 189 § 10; Rem.
Supp. 1945 § 6360-10.]
46.32.040
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.32.050 Prohibited practices—Penalty. It shall be
unlawful for any person employed by the chief of the Washington state patrol at any vehicle equipment inspection station, to order, direct, recommend, or influence the correction
of vehicle equipment defects by any person or persons
whomsoever.
It shall be unlawful for any person employed by the chief
of the Washington state patrol while in or about any vehicle
equipment inspection station, to perform any repair or adjustment upon any vehicle or any equipment or appliance of any
vehicle whatsoever.
It shall be unlawful for any person to solicit in any manner the repair to any vehicle or the adjustment of any equipment or appliance of any vehicle, upon the property of any
vehicle equipment inspection station or upon any public
highway adjacent thereto.
Violation of the provisions of this section is a traffic
infraction. [1986 c 123 § 4; 1979 ex.s. c 136 § 68; 1961 c 12
§ 46.32.050. Prior: 1945 c 44 § 5; 1937 c 189 § 11; Rem.
Supp. 1945 § 6360-11.]
46.32.050
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.060 Moving defective vehicle unlawful—
Impounding authorized. It shall be unlawful for any person
to operate or move, or for any owner to cause or permit to be
operated or moved upon any public highway, any vehicle or
combination of vehicles, which is not at all times equipped in
the manner required by this title, or the equipment of which is
not in a proper condition and adjustment as required by this
title or rules adopted by the chief of the Washington state
patrol.
Any vehicle operating upon the public highways of this
state and at any time found to be defective in equipment in
such a manner that it may be considered unsafe shall be an
unlawful vehicle and may be prevented from further operation until such equipment defect is corrected and any peace
46.32.060
(2008 Ed.)
46.32.080
officer is empowered to impound such vehicle until the same
has been placed in a condition satisfactory to vehicle inspection. The necessary cost of impounding any such unlawful
vehicle and any cost for the storage and keeping thereof shall
be paid by the owner thereof. The impounding of any such
vehicle shall be in addition to any penalties for such unlawful
operation.
The provisions of this section shall not be construed to
prevent the operation of any such defective vehicle to a place
for correction of equipment defect in the manner directed by
any peace officer or representative of the state patrol. [1987
c 330 § 705; 1986 c 123 § 5; 1961 c 12 § 46.32.060. Prior:
1937 c 189 § 12; RRS § 6360-12.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Moving unsafe or noncomplying vehicle: RCW 46.37.010.
46.32.070 Inspection of damaged vehicle. If a vehicle
required to be inspected becomes damaged or deteriorated in
such a manner that such vehicle has become unsafe for operation upon the public highways of this state, it is unlawful for
the owner or operator thereof to cause such vehicle to be
operated upon a public highway upon its return to service
unless such owner or operator presents such vehicle for
inspection of equipment within twenty-four hours after its
return to service. [1986 c 123 § 6; 1961 c 12 § 46.32.070.
Prior: 1937 c 189 § 13; RRS § 6360-13.]
46.32.070
46.32.080 Commercial motor vehicle safety enforcement—Application for department of transportation
number. (1) The Washington state patrol is responsible for
enforcement of safety requirements for commercial motor
vehicles including, but not limited to, safety audits and compliance reviews. Those motor carriers that have operations in
this state are subject to the patrol’s safety audits and compliance review programs. Compliance reviews may result in the
initiation of an enforcement action, which may include monetary penalties.
(2) Motor vehicles owned and operated by farmers in the
transportation of their own farm, orchard, or dairy products,
including livestock and plant or animal wastes, from point of
production to market or disposal, or supplies or commodities
to be used on the farm, orchard, or dairy, must have a department of transportation number, as defined in RCW
46.16.004, but are exempt from safety audits and compliance
reviews.
(3) All records and documents required of motor carriers
with operations in this state must be available for review and
inspection during normal business hours. Duly authorized
agents of the state patrol conducting safety audits and compliance reviews may enter the motor carrier’s place of business, or any location where records or equipment are located,
at reasonable times and without advanced notice. Motor carriers who do not permit duly authorized agents to enter their
place of business, or any location where records or equipment
are located, for safety audits and compliance reviews are subject to enforcement action, including a monetary penalty.
(4)(a) All motor carriers with a commercial motor vehicle, as defined in RCW 46.16.004, that operate in this state
must apply for a department of transportation number, as
defined in RCW 46.16.004, by January 1, 2008.
46.32.080
[Title 46 RCW—page 155]
46.32.085
Title 46 RCW: Motor Vehicles
(b) All motor carriers operating in this state who (i) have
not applied under (a) of this subsection for a department of
transportation number, as defined in RCW 46.16.004, and (ii)
have a commercial motor vehicle that has a gross vehicle
weight rating of 7,258 kilograms (16,001 pounds) or more,
must apply for a department of transportation number by January 1, 2011.
(c) The state patrol may deny an application if the motor
carrier does not meet the requirements and standards under
this chapter. The state patrol shall not issue a department of
transportation number to a motor carrier who at the time of
application has been placed out of service by the federal
motor carrier safety administration. Commercial motor vehicles must be marked as prescribed by the state patrol. Those
motor carriers with a current United States department of
transportation number are exempt from applying for a department of transportation number.
(d) The state patrol may (i) place a motor carrier out of
service or (ii) refuse to issue or recognize as valid a department of transportation number to a motor carrier who: (A)
Formerly held a department of transportation number that
was placed out of service for cause, and where cause has not
been removed; (B) is a subterfuge for the real party in interest
whose department of transportation number was placed out
of service for cause, and where cause has not been removed;
(C) as an individual licensee, or officer, director, owner, or
managing employee of a nonindividual licensee, had a
department of transportation number and was placed out of
service for cause, and where cause has not been removed; or
(D) has an unsatisfied debt to the state assessed under this
chapter.
(e) Upon a finding by the chief of the state patrol or the
chief’s designee that a motor carrier is an imminent hazard or
danger to the public health, safety, or welfare, the state patrol
shall notify the department, and the department shall revoke
the registrations for all commercial motor vehicles that are
owned by the motor carrier subject to RCW 46.32.080. In
determining whether a motor carrier is an imminent hazard or
danger to the public health, safety, or welfare, the chief or the
chief’s designee shall consider safety factors. [2007 c 419 §
10; 1995 c 272 § 1.]
Effective date—2007 c 419 § 10: "Section 10 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 11, 2007]." [2007 c 419 § 19.]
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Transfer of powers, duties, and functions: "(1) All powers, duties,
and functions of the utilities and transportation commission pertaining to
safety inspections of commercial vehicles, including but not limited to terminal safety audits, except for those carriers subject to the economic regulation
of the commission, are transferred to the Washington state patrol.
(2)(a) All reports, documents, surveys, books, records, files, papers, or
written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed by
the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state
patrol. All funds, credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the Washington state
patrol.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on
January 1, 1996, be transferred and credited to the Washington state patrol.
[Title 46 RCW—page 156]
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same to
the state agencies concerned.
(3) All employees of the utilities and transportation commission
engaged in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the Washington state patrol. All employees
classified under chapter 41.06 RCW, the state civil service law, are assigned
to the Washington state patrol to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any action that may
be appropriate thereafter in accordance with the laws and rules governing
state civil service. These employees will only be transferred upon successful
completion of the Washington state patrol background investigation.
(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations remain in full force and shall be performed by
the Washington state patrol.
(5) The transfer of the powers, duties, functions, and personnel of the
utilities and transportation commission does not affect the validity of any act
performed before January 1, 1996.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section alters an existing collective bargaining unit or the provisions of an existing collective bargaining agreement
until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law." [1995 c 272 § 4.]
Effective dates—1995 c 272: See note following RCW 46.32.090.
46.32.085 Rules to regulate commercial motor vehicle safety requirements. The Washington state patrol, in
consultation with the department of licensing, shall adopt
rules consistent with this chapter to regulate vehicle safety
requirements for motor carriers who own, control, manage, or
operate a commercial motor vehicle within this state. Except
as otherwise provided in this chapter, the rules adopted by the
state patrol under this section must be as rigorous as federal
regulations governing certain interstate motor carriers at 49
C.F.R. Parts 40 and 380 through 397, which cover the areas
of commercial motor carrier driver training, controlled substance and alcohol use and testing, compliance with the federal driver’s license requirements and penalties, vehicle
equipment and safety standards, hazardous material practices, financial responsibility, driver qualifications, hours of
service, vehicle inspection and corrective actions, and
assessed penalties for noncompliance. The state patrol shall
amend these rules periodically to maintain, to the extent permissible under this chapter, standards as rigorous as the federal regulations governing certain interstate motor carriers.
The state patrol shall submit a report to the legislature by
December 31st of each year that outlines new rules or rule
changes and explains how the state rules compare to the federal regulations. [2007 c 419 § 14.]
46.32.085
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.32.090 Fees. The department shall collect a fee of
sixteen dollars, in addition to all other fees and taxes, for each
motor vehicle base plated in the state of Washington that is
subject to highway inspections and compliance reviews
under RCW 46.32.080, at the time of registration and renewal
46.32.090
(2008 Ed.)
Vehicle Inspection
of registration under chapter 46.16 or 46.87 RCW, or the
international registration plan if base plated in a foreign jurisdiction. The fee must be apportioned for those vehicles operating interstate and registered under the international registration plan. This fee does not apply to nonmotor-powered
vehicles, including trailers. Refunds will not be provided for
fees paid under this section when the vehicle is no longer subject to RCW 46.32.080. The department may deduct an
amount equal to the cost of administering the program. All
remaining fees shall be deposited with the state treasurer and
credited to the state patrol highway account of the motor
vehicle fund. [2007 c 419 § 11; 1996 c 86 § 1; 1995 c 272 §
2.]
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Effective date—1996 c 86: "Section 1 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1997."
[1996 c 86 § 2.]
Effective dates—1995 c 272: "Section 2 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1996.
Sections 1 and 3 through 6 of this act take effect January 1, 1996." [1995 c
272 § 7.]
46.32.100 Violations—Penalties—Out-of-service
orders. (1)(a) In addition to all other penalties provided by
law, a commercial motor vehicle that is subject to compliance
reviews under this chapter and an officer, agent, or employee
of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this
title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation, except for each
violation of 49 C.F.R. Pt. 382, controlled substances and
alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a
vehicle placed out of service before the out of service defects
have been satisfactorily repaired, for which the person is liable for a penalty of five hundred dollars. The driver of a commercial motor vehicle who violates an out-of-service order is
liable for a penalty of at least one thousand one hundred dollars but not more than two thousand seven hundred fifty dollars. An employer who allows a driver to operate a commercial motor vehicle when there is an out-of-service order is liable for a penalty of at least two thousand seven hundred fifty
dollars but not more than eleven thousand dollars. Each violation is a separate and distinct offense, and in case of a continuing violation every day’s continuance is a separate and
distinct violation.
(b) In addition to all other penalties provided by law, any
motor carrier, company, or any officer or agent of a motor
carrier or company operating a commercial motor vehicle
subject to compliance reviews under this chapter who refuses
entry or to make the required records, documents, and vehicles available to a duly authorized agent of the state patrol is
liable for a penalty of at least five thousand dollars as well as
an out-of-service order being placed on the department of
transportation number, as defined in RCW 46.16.004, and
vehicle registration to operate. Each violation is a separate
and distinct offense, and in case of a continuing violation
every day’s continuance is a separate and distinct violation.
(c) A motor carrier operating a commercial motor vehicle after receiving a final unsatisfactory rating or being
placed out of service is liable for a penalty of not more than
46.32.100
(2008 Ed.)
46.32.110
eleven thousand dollars. Each violation is a separate and distinct offense, and in case of a continuing violation every
day’s continuance is a separate and distinct violation.
(2) The Washington state patrol may place an out-of-service order on a department of transportation number, as
defined in RCW 46.16.004, for violations of this chapter or
for nonpayment of any monetary penalties assessed by the
state patrol or the utilities and transportation commission, as
a result of compliance reviews, or for violations of cease and
desist orders issued by the utilities and transportation commission. The state patrol shall notify the department of
licensing when an out-of-service order has been placed on a
motor carrier’s department of transportation number. The
state patrol shall notify the motor carrier when there has been
an out-of-service order placed on the motor carrier’s department of transportation number and the vehicle registrations
have been revoked by sending a notice by first-class mail
using the last known address for the registered or legal owner
or owners, and recording the transmittal on an affidavit of
first-class mail. Notices under this section fulfill the requirements of RCW 46.12.160. Motor carriers may not be eligible
for a new department of transportation number, vehicle registration, or temporary permits to operate unless the violations
that resulted in the out-of-service order have been corrected.
(3) Any penalty provided in this section is due and payable when the person incurring it receives a notice in writing
from the state patrol describing the violation and advising the
person that the penalty is due. If the amount of the penalty is
not paid to the state patrol within twenty days after the later
of (a) receipt of the notice imposing the penalty, or (b) disposition of an adjudicative proceeding regarding the penalty,
the state patrol may commence an adjudicative proceeding
under chapter 34.05 RCW in the name of the state of Washington to confirm the violation and recover the penalty. In all
such proceedings the procedure and rules of evidence are as
specified in chapter 34.05 RCW except as otherwise provided
in this chapter. All penalties recovered under this section
shall be paid into the state treasury and credited to the state
patrol highway account of the motor vehicle fund. [2007 c
419 § 12; 2005 c 444 § 1; 1998 c 172 § 1; 1995 c 272 § 3.]
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Effective dates—1995 c 272: See note following RCW 46.32.090.
46.32.110 Controlled substances, alcohol. A person or
employer operating as a motor carrier shall comply with the
requirements of the United States department of transportation federal motor carrier safety regulations as contained in
Title 49 C.F.R. Part 382, controlled substances and alcohol
use and testing. A person or employer who begins or conducts commercial motor vehicle operations without having a
controlled substance and alcohol testing program that is in
compliance with the requirements of Title 49 C.F.R. Part 382
is subject to a penalty, under the process set forth in RCW
46.32.100, of up to one thousand five hundred dollars and up
to an additional five hundred dollars for each motor vehicle
driver employed by the person or employer who is not in
compliance with the motor vehicle driver testing requirements. A person or employer having actual knowledge that a
driver has tested positive for controlled substances or alcohol
who allows a positively tested person to continue to perform
46.32.110
[Title 46 RCW—page 157]
Chapter 46.37
Title 46 RCW: Motor Vehicles
a safety-sensitive function is subject to a penalty, under the
process set forth in RCW 46.32.100, of one thousand five
hundred dollars. [1999 c 351 § 5.]
Chapter 46.37 RCW
VEHICLE LIGHTING AND OTHER EQUIPMENT
Chapter 46.37
Sections
46.37.005
46.37.010
46.37.020
46.37.030
46.37.040
46.37.050
46.37.060
46.37.070
46.37.080
46.37.090
46.37.100
46.37.110
46.37.120
46.37.130
46.37.140
46.37.150
46.37.160
46.37.170
46.37.180
46.37.184
46.37.185
46.37.186
46.37.187
46.37.188
46.37.190
46.37.191
46.37.193
46.37.194
46.37.195
46.37.196
46.37.200
46.37.210
46.37.215
46.37.220
46.37.230
46.37.240
46.37.260
46.37.270
46.37.280
46.37.290
46.37.300
46.37.310
46.37.320
46.37.330
46.37.340
46.37.351
46.37.360
46.37.365
46.37.369
46.37.375
46.37.380
46.37.390
46.37.395
46.37.400
46.37.410
46.37.420
46.37.4215
State patrol—Additional powers and duties.
Scope and effect of regulations—General penalty.
When lighted lamps and signaling devices are required.
Visibility distance and mounted height of lamps.
Head lamps on motor vehicles.
Tail lamps.
Reflectors.
Stop lamps and electric turn signals required.
Application of succeeding sections.
Additional equipment required on certain vehicles.
Color of clearance lamps, side marker lamps, back-up lamps,
and reflectors.
Mounting of reflectors, clearance lamps, identification
lamps, and side marker lamps.
Visibility of reflectors, clearance lamps, identification lamps,
and side marker lamps.
Obstructed lights not required.
Lamps, reflectors, and flags on projecting load.
Lamps on vehicles—Parked or stopped vehicles, lighting
requirements.
Hazard warning lights and reflectors on farm equipment—
Slow-moving vehicle emblem.
Lamps and reflectors on other vehicles and equipment—
Slow-moving vehicle emblem on animal-drawn vehicles.
Spot lamps and auxiliary lamps.
Red flashing lights on fire department vehicles.
Green light on firefighters’ private cars.
Fire department sign or plate on private car.
Green light, sign or plate—Identification card required.
Penalty for violation of RCW 46.37.184 through 46.37.188.
Warning devices on vehicles—Other drivers yield and stop.
Implementing rules.
Signs on buses.
Authorized emergency vehicles—State patrol authority,
maintenance, and applicant and driver screening.
Sale of emergency vehicle lighting equipment restricted.
Red lights on emergency tow trucks.
Stop lamps and electric turn signals displayed.
Additional lighting equipment.
Hazard warning lamps.
Multiple-beam road-lighting equipment.
Use of multiple-beam road-lighting equipment.
Single-beam road-lighting equipment.
Alternate road lighting equipment.
Number of lamps required—Number of additional lamps
permitted.
Special restrictions on lamps.
Special lighting equipment on school buses and private carrier buses.
Standards for lights on snow-removal or highway maintenance and service equipment.
Selling or using lamps or equipment.
Authority of state patrol regarding lighting devices or other
safety equipment.
Revocation of certificate of approval on devices—Reapproval, conditions.
Braking equipment required.
Performance ability of brakes.
Maintenance of brakes—Brake system failure indicator.
Hydraulic brake fluid—Defined—Standards and specifications.
Wheels and front suspension.
Steering and suspension systems.
Horns, warning devices, and theft alarms.
Mufflers required—Smoke and air contaminant standards—
Definitions—Penalty, exception.
Compression brakes (Jake brakes).
Mirrors, backup devices.
Windshields required, exception—Must be unobstructed and
equipped with wipers.
Tires—Restrictions.
Lightweight and retractable studs—Certification by sellers.
[Title 46 RCW—page 158]
46.37.4216
46.37.423
46.37.424
46.37.425
46.37.430
46.37.435
46.37.440
46.37.450
46.37.465
46.37.467
46.37.470
46.37.480
46.37.490
46.37.495
46.37.500
46.37.505
46.37.510
46.37.513
46.37.517
46.37.518
46.37.520
46.37.522
46.37.523
46.37.524
46.37.525
46.37.527
46.37.528
46.37.529
46.37.530
46.37.535
46.37.537
46.37.539
46.37.540
46.37.550
46.37.560
46.37.570
46.37.590
46.37.600
46.37.610
46.37.620
46.37.630
46.37.640
46.37.650
46.37.660
46.37.670
46.37.671
46.37.672
46.37.673
46.37.674
46.37.675
46.37.680
Lightweight and retractable studs—Sale of tires containing.
Pneumatic passenger car tires—Standards—Exception for
off-highway use—Penalty.
Regrooved tires—Standards—Exception for off-highway
use—Penalty.
Tires—Unsafe—State patrol’s authority—Penalty.
Safety glazing—Sunscreening or coloring.
Sunscreening, unlawful installation, penalty.
Flares or other warning devices required on certain vehicles.
Disabled vehicle—Display of warning devices.
Fuel system.
Alternative fuel source—Placard required.
Air-conditioning equipment.
Television viewers—Earphones.
Safety load chains and devices required.
Safety chains for towing.
Fenders or splash aprons.
Child passenger restraint systems.
Seat belts and shoulder harnesses.
Bumpers.
Body and body hardware.
Street rods and kit vehicles.
Beach vehicles with soft tires—"Dune buggies"—Inspection
and approval required—Fee.
Motorcycles and motor-driven cycles—When head lamps
and tail lamps to be lighted.
Motorcycles and motor-driven cycles—Head lamps.
Motor-driven cycles—Head lamps.
Motorcycles and motor-driven cycles—Tail lamps, reflectors, and stop lamps.
Motorcycles and motor-driven cycles—Brake requirements.
Motorcycles and motor-driven cycles—Performance ability
of brakes.
Motor-driven cycles—Braking system inspection.
Motorcycles, motor-driven cycles, mopeds, electric-assisted
bicycles—Helmets, other equipment—Children—Rules.
Motorcycles, motor-driven cycles, or mopeds—Helmet
requirements when rented.
Motorcycles—Exhaust system.
Motorcycles and motor-driven cycles—Additional requirements and limitations.
Odometers—Disconnecting, resetting, or turning back prohibited.
Odometers—Selling motor vehicle knowing odometer
turned back unlawful.
Odometers—Selling motor vehicle knowing odometer
replaced unlawful.
Odometers—Selling, advertising, using, or installing device
registering false mileage.
Odometers—Purchaser plaintiff to recover costs and attorney’s fee, when.
Liability of operator, owner, lessee for violations.
Wheelchair conveyance standards.
School buses—Crossing arms.
Private school buses.
Air bags—Definitions.
Air bags—Installation of previously deployed—Penalty.
Air bags—Replacement requirements.
Signal preemption devices—Prohibited—Exceptions.
Signal preemption device—Possession—Penalty.
Signal preemption device—Use, sale, purchase—Penalty.
Signal preemption device—Accident—Property damage or
less than substantial bodily harm—Penalty.
Signal preemption device—Accident—Substantial bodily
harm—Penalty.
Signal preemption device—Accident—Death—Penalty.
Sound system attachment.
Emission control program: Chapter 70.120 RCW.
Lowering vehicle below legal clearance: RCW 46.61.680.
Moving defective vehicle: RCW 46.32.060.
46.37.005 State patrol—Additional powers and
duties. In addition to those powers and duties elsewhere
granted, the chief of the Washington state patrol shall have
the power and the duty to adopt, apply, and enforce such reasonable rules and regulations (1) relating to proper types of
vehicles or combinations thereof for hauling passengers,
commodities, freight, and supplies, (2) relating to vehicle
equipment, and (3) relating to the enforcement of the provi46.37.005
(2008 Ed.)
Vehicle Lighting and Other Equipment
sions of this title with regard to vehicle equipment, as may be
deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.
The chief of the Washington state patrol is authorized to
adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National
Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46
RCW inconsistent with such standards. Federal standards
adopted pursuant to this section shall be applicable only to
vehicles manufactured in a model year following the adoption of such standards. [1987 c 330 § 706; 1985 c 165 § 1;
1982 c 106 § 1; 1967 ex.s. c 145 § 56; 1967 c 32 § 49; 1961 c
12 § 46.37.005. Prior: 1943 c 133 § 1; 1937 c 189 § 6; Rem.
Supp. 1943 § 6360-6; 1927 c 309 § 14, part; RRS § 6362-14,
part. Formerly RCW 46.36.010.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Towing operators, appointment of: RCW 46.55.115.
46.37.010 Scope and effect of regulations—General
penalty. (1) It is a traffic infraction for any person to drive or
move, or for a vehicle owner to cause or knowingly permit to
be driven or moved, on any highway any vehicle or combination of vehicles that:
(a) Is in such unsafe condition as to endanger any person;
(b) Is not at all times equipped with such lamps and other
equipment in proper working condition and adjustment as
required by this chapter or by rules issued by the Washington
state patrol;
(c) Contains any parts in violation of this chapter or rules
issued by the Washington state patrol.
(2) It is a traffic infraction for any person to do any act
forbidden or fail to perform any act required under this chapter or rules issued by the Washington state patrol.
(3) Nothing contained in this chapter or the state patrol’s
regulations shall be construed to prohibit the use of additional
parts and accessories on any vehicle not inconsistent with the
provisions of this chapter or the state patrol’s regulations.
(4) The provisions of the chapter and the state patrol’s
regulations with respect to equipment on vehicles shall not
apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
(5) No owner or operator of a farm tractor, self-propelled
unit of farm equipment, or implement of husbandry shall be
guilty of a crime or subject to penalty for violation of RCW
46.37.160 as now or hereafter amended unless such violation
occurs on a public highway.
(6) It is a traffic infraction for any person to sell or offer
for sale vehicle equipment which is required to be approved
by the state patrol as prescribed in RCW 46.37.005 unless it
has been approved by the state patrol.
(7) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or
motor-driven cycles except as herein made applicable.
(8) This chapter does not apply to off-road vehicles used
on nonhighway roads or used on streets, roads, or highways
as authorized under RCW 46.09.180.
(9) This chapter does not apply to vehicles used by the
state parks and recreation commission exclusively for park
46.37.010
(2008 Ed.)
46.37.020
maintenance and operations upon public highways within
state parks.
(10) Notices of traffic infraction issued to commercial
drivers under the provisions of this chapter with respect to
equipment required on commercial motor vehicles shall not
be considered for driver improvement purposes under chapter
46.20 RCW.
(11) Whenever a traffic infraction is chargeable to the
owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction
other than Washington state, or unless the infraction is for an
offense that is clearly within the responsibility of the driver.
(12) Whenever the owner or lessee is issued a notice of
traffic infraction under this section the court may, on the
request of the owner or lessee, take appropriate steps to make
the driver of the vehicle, or any other person who directs the
loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is
found to have committed the traffic infraction, the court may
dismiss the notice against the owner or lessee. [2006 c 306 §
1; 2006 c 212 § 5; 2005 c 213 § 7; 1997 c 241 § 14; 1989 c
178 § 22; 1987 c 330 § 707; 1979 ex.s. c 136 § 69; 1977 ex.s.
c 355 § 1; 1963 c 154 § 1; 1961 c 12 § 46.37.010. Prior: 1955
c 269 § 1; prior: 1937 c 189 § 14, part; RRS § 6360-14, part;
RCW 46.40.010, part; 1929 c 178 § 2; 1927 c 309 § 19; 1921
c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part;
1915 c 142 § 21, part; RRS § 6362-19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser’s note: This section was amended by 2006 c 212 § 5 and by
2006 c 306 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Construction—Effective date—2005 c 213: See notes following RCW 46.09.010.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 355 § 57.]
Effective date—1963 c 154: "This act shall take effect on January 1,
1964." [1963 c 154 § 32.]
Moving defective vehicle: RCW 46.32.060.
46.37.020 When lighted lamps and signaling devices
are required. Every vehicle upon a highway within this
state at any time from a half hour after sunset to a half hour
before sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead shall display lighted headlights, other lights, and illuminating devices as hereinafter
respectively required for different classes of vehicles, subject
to exceptions with respect to parked vehicles, and such stop
lights, turn signals, and other signaling devices shall be
lighted as prescribed for the use of such devices. [1977 ex.s.
c 355 § 2; 1974 ex.s. c 124 § 2; 1963 c 154 § 2; 1961 c 12 §
46.37.020
[Title 46 RCW—page 159]
46.37.030
Title 46 RCW: Motor Vehicles
46.37.020. Prior: 1955 c 269 § 2; prior: 1937 c 189 § 14,
part; RRS § 6360-14, part; RCW 46.40.010, part; 1929 c 178
§ 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10,
part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS §
6362-19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Local twenty-four hour headlight policy: RCW 47.04.180.
Motorcycles and motor-driven cycles—When headlamps and tail lamps to be
lighted: RCW 46.37.522.
46.37.030 Visibility distance and mounted height of
lamps. (1) Whenever requirement is hereinafter declared as
to distance from which certain lamps and devices shall render
objects visible or within which such lamps or devices shall be
visible, said provisions shall apply during the times stated in
RCW 46.37.020 in respect to a vehicle without load when
upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is
expressly stated.
(2) Whenever requirement is hereinafter declared as to
the mounted height of lamps or devices it shall mean from the
center of such lamp or device to the level ground upon which
the vehicle stands when such vehicle is without a load.
(3) No additional lamp, reflective device, or other motor
vehicle equipment shall be added which impairs the effectiveness of this standard. [1977 ex.s. c 355 § 3; 1961 c 12 §
46.37.030. Prior: 1955 c 269 § 3; prior: 1937 c 189 § 14,
part; RRS § 6360-14, part; RCW 46.40.010, part.]
46.37.030
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.040 Head lamps on motor vehicles. (1) Every
motor vehicle shall be equipped with at least two head lamps
with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements
and limitations set forth in this chapter.
(2) Every head lamp upon every motor vehicle shall be
located at a height measured from the center of the head lamp
of not more than fifty-four inches nor less than twenty-four
inches to be measured as set forth in RCW 46.37.030(2).
[1977 ex.s. c 355 § 4; 1961 c 12 § 46.37.040. Prior: 1955 c
269 § 4; prior: 1937 c 189 § 15; RRS § 6360-15; RCW
46.40.020; 1933 c 156 § 1, part; 1929 c 178 § 3, part; 1927 c
309 §§ 20, part, 24; 1921 c 96 § 22, part; 1919 c 59 § 10, part;
1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS §§ 636220, part, 6362-24.]
46.37.040
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.050 Tail lamps. (1) After January 1, 1964, every
motor vehicle, trailer, semitrailer, and pole trailer, and any
other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps
mounted on the rear, which, when lighted as required in
RCW 46.37.020, shall emit a red light plainly visible from a
distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939,
shall have at least one tail lamp. On a combination of vehicles
only the tail lamps on the rearmost vehicle need actually be
seen from the distance specified. On vehicles equipped with
46.37.050
[Title 46 RCW—page 160]
more than one tail lamp, the lamps shall be mounted on the
same level and as widely spaced laterally as practicable.
(2) Every tail lamp upon every vehicle shall be located at
a height of not more than seventy-two inches nor less than fifteen inches.
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance
of fifty feet to the rear. Any tail lamp or tail lamps, together
with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the
head lamps or auxiliary driving lamps are lighted. [1977
ex.s. c 355 § 5; 1963 c 154 § 3; 1961 c 12 § 46.37.050. Prior:
1955 c 269 § 5; prior: 1947 c 267 § 2, part; 1937 c 189 § 16,
part; Rem. Supp. 1947 § 6360-16, part; RCW 46.40.030,
part; 1929 c 178 § 7; 1927 c 309 § 27; RRS § 6362-27; 1921
c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part;
1915 c 142 § 21, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.060 Reflectors. (1) Every motor vehicle, trailer,
semitrailer, and pole trailer shall carry on the rear, either as a
part of the tail lamps or separately, two or more red reflectors
meeting the requirements of this section: PROVIDED,
HOWEVER, That vehicles of the types mentioned in RCW
46.37.090 shall be equipped with reflectors meeting the
requirements of RCW 46.37.110 and 46.37.120.
(2) Every such reflector shall be mounted on the vehicle
at a height not less than fifteen inches nor more than seventytwo inches measured as set forth in RCW 46.37.030(2), and
shall be of such size and characteristics and so mounted as to
be visible at night from all distances within six hundred feet
to one hundred feet from such vehicle when directly in front
of lawful upper beams of head lamps, except that reflectors
on vehicles manufactured or assembled prior to January 1,
1970, shall be visible at night from all distances within three
hundred and fifty feet to one hundred feet when directly in
front of lawful upper beams of head lamps. [1977 ex.s. c 355
§ 6; 1963 c 154 § 4; 1961 c 12 § 46.37.060. Prior: 1955 c 269
§ 6; prior: 1947 c 267 § 2, part; 1937 c 189 § 16, part; Rem.
Supp. 1947 § 6360-16, part; RCW 46.40.030, part.]
46.37.060
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.070 Stop lamps and electric turn signals
required. (1) After January 1, 1964, every motor vehicle,
trailer, semitrailer, and pole trailer shall be equipped with two
or more stop lamps meeting the requirements of RCW
46.37.200, except that passenger cars manufactured or
assembled prior to January 1, 1964, shall be equipped with at
least one such stop lamp. On a combination of vehicles, only
the stop lamps on the rearmost vehicle need actually be seen
from the distance specified in RCW 46.37.200(1).
(2) After January 1, 1960, every motor vehicle, trailer,
semitrailer and pole trailer shall be equipped with electric
turn signal lamps meeting the requirements of RCW
46.37.200(2), except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width,
46.37.070
(2008 Ed.)
Vehicle Lighting and Other Equipment
manufactured or assembled prior to January 1, 1953, need not
be equipped with electric turn signal lamps.
(3) Every passenger car manufactured or assembled after
September 1, 1985; and every passenger truck, passenger
van, or passenger sports utility vehicle manufactured or
assembled after September 1, 1993, must be equipped with a
rear center high-mounted stop lamp meeting the requirements
of RCW 46.37.200(3). [2006 c 306 § 2; 1977 ex.s. c 355 § 7;
1963 c 154 § 5; 1961 c 12 § 46.37.070. Prior: 1959 c 319 §
32; 1955 c 269 § 7; prior: 1953 c 248 § 2, part; 1947 c 267 §
4, part; 1937 c 189 § 23, part; Rem. Supp. 1947 § 6360-23,
part; RCW 46.40.090, part; 1929 c 178 § 1, part; 1927 c 309
§ 15, part; RRS § 6362-15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.080
46.37.080 Application of succeeding sections. Those
sections of this chapter which follow immediately, including
RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120, and
46.37.130, relating to clearance lamps, marker lamps, and
reflectors, shall apply as stated in said sections to vehicles of
the type therein enumerated, namely buses, trucks, truck tractors, and trailers, semitrailers, and pole trailers, respectively,
when operated upon any highway, and said vehicles shall be
equipped as required and all lamp equipment required shall
be lighted at the times mentioned in RCW 46.37.020. For
purposes of the sections enumerated above, a camper, when
mounted upon a motor vehicle, shall be considered part of the
permanent structure of that motor vehicle. [1977 ex.s. c 355
§ 8; 1963 c 154 § 6; 1961 c 12 § 46.37.080. Prior: 1955 c 269
§ 8; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem.
Supp. 1947 § 6360-17, part; RCW 46.40.040, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.090 Additional equipment required on certain
vehicles. In addition to other equipment required in RCW
46.37.040, 46.37.050, 46.37.060, and 46.37.070, the following vehicles shall be equipped as herein stated under the conditions stated in RCW 46.37.080, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to
the requirements of RCW 46.37.120(1).
(1) Buses, trucks, motor homes, and motor vehicles with
mounted campers eighty inches or more in over-all width:
(a) On the front, two clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section;
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(2) Trailers and semitrailers eighty inches or more in
over-all width:
(a) On the front, two clearance lamps, one at each side;
46.37.090
(2008 Ed.)
46.37.090
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear: PROVIDED, That a mobile home
as defined by RCW 46.04.302 need not be equipped with two
side marker lamps or two side reflectors as required by subsection (2) (c) and (d) of this section while operated under the
terms of a special permit authorized by RCW 46.44.090.
(3) Truck tractors:
On the front, two cab clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section.
(4) Trailers, semitrailers, and pole trailers thirty feet or
more in over-all length:
On each side, one amber side marker lamp and one
amber reflector, centrally located with respect to the length of
the vehicle: PROVIDED, That a mobile home as defined by
RCW 46.04.302 need not be equipped with such side marker
lamp or reflector while operated under the terms of a special
permit authorized by RCW 46.44.090.
(5) Pole trailers:
(a) On each side, one amber side marker lamp at or near
the front of the load;
(b) One amber reflector at or near the front of the load;
(c) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the
rear and side, mounted to indicate maximum width of the
pole trailer.
(6) Boat trailers eighty inches or more in overall width:
(a) One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear
clearance lamp;
(b) On the rear, after June 1, 1978, three identification
lamps meeting the specifications of subsection (7) of this section;
(c) One on each side, two side marker lamps, one at or
near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(7) Whenever required or permitted by this chapter,
identification lamps shall be grouped in a horizontal row,
with lamp centers spaced not less than six nor more than
twelve inches apart, and mounted on the permanent structure
of the vehicle as close as practicable to the vertical centerline:
PROVIDED, HOWEVER, That where the cab of a vehicle is
not more than forty-two inches wide at the front roof line, a
single identification lamp at the center of the cab shall be
deemed to comply with the requirements for front identification lamps. [1977 ex.s. c 355 § 9; 1963 c 154 § 7; 1961 c 12
§ 46.37.090. Prior: 1955 c 269 § 9; prior: 1947 c 267 § 3,
part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part;
RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c
178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS
§§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c
59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
[Title 46 RCW—page 161]
46.37.100
Title 46 RCW: Motor Vehicles
46.37.100 Color of clearance lamps, side marker
lamps, back-up lamps, and reflectors. (1) Front clearance
lamps and those marker lamps and reflectors mounted on the
front or on the side near the front of a vehicle shall display or
reflect an amber color.
(2) Rear clearance lamps and those marker lamps and
reflectors mounted on the rear or on the sides near the rear of
a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the
rear of any vehicle shall display or reflect a red color, except
the stop lamp or other signal device, which may be red,
amber, or yellow, and except that on any vehicle forty or
more years old, or on any motorcycle regardless of age, the
taillight may also contain a blue or purple insert of not more
than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a
back-up lamp shall be white or amber. [2002 c 196 § 1; 1992
c 46 § 1; 1961 c 12 § 46.37.100. Prior: 1955 c 269 § 10; prior:
1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947
§ 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part,
6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part,
28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 §
22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c
142 § 21, part.]
46.37.100
46.37.110 Mounting of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Reflectors when required by RCW 46.37.090 shall be mounted at a
height not less than twenty-four inches and not higher than
sixty inches above the ground on which the vehicle stands,
except that if the highest part of the permanent structure of
the vehicle is less than twenty-four inches the reflector at
such point shall be mounted as high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on
each side of the bolster or load.
Any required red reflector on the rear of a vehicle may be
incorporated with the tail lamp, but such reflector shall meet
all the other reflector requirements of this chapter.
(2) Clearance lamps shall be mounted on the permanent
structure of the vehicle in such a manner as to indicate the
extreme height and width of the vehicle. When rear identification lamps are required and are mounted as high as is practicable, rear clearance lamps may be mounted at optional
height, and when the mounting of front clearance lamps
results in such lamps failing to indicate the extreme width of
the trailer, such lamps may be mounted at optional height but
must indicate, as near as practicable, the extreme width of the
trailer. Clearance lamps on truck tractors shall be located so
as to indicate the extreme width of the truck tractor cab.
Clearance lamps and side marker lamps may be mounted in
combination provided illumination is given as required
herein with reference to both: PROVIDED, That no rear
clearance lamp may be combined in any shell or housing with
any tail lamp or identification lamp. [1977 ex.s. c 355 § 10;
1961 c 12 § 46.37.110. Prior: 1955 c 269 § 11; prior: 1947 c
267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 636017, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part;
1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part;
RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part.]
46.37.110
[Title 46 RCW—page 162]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.120 Visibility of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Every
reflector upon any vehicle referred to in RCW 46.37.090
shall be of such size and characteristics and so maintained as
to be readily visible at nighttime from all distances within six
hundred feet to one hundred feet from the vehicle when
directly in front of lawful lower beams of head lamps, except
that the visibility for reflectors on vehicles manufactured or
assembled prior to January 1, 1970, shall be measured in
front of the lawful upper beams of headlamps. Reflectors
required to be mounted on the sides of the vehicle shall
reflect the required color of light to the sides, and those
mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps and identification
lamps shall be capable of being seen and distinguished under
normal atmospheric conditions at the times lights are
required at all distances between five hundred feet and fifty
feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen and
distinguished under normal atmospheric conditions at the
times lights are required at all distances between five hundred
feet and fifty feet from the side of the vehicle on which
mounted. [1977 ex.s. c 355 § 11; 1963 c 154 § 8; 1961 c 12
§ 46.37.120. Prior: 1955 c 269 § 12; prior: 1947 c 267 § 3,
part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part;
RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c
178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS
§§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c
59 § 10, part; 1917 c 155 § 15, part.]
46.37.120
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.130 Obstructed lights not required. Whenever
motor and other vehicles are operated in combination during
the time that lights are required, any lamp (except tail lamps)
need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle
of the combination, but this shall not affect the requirement
that lighted clearance lamps be displayed on the front of the
foremost vehicle required to have clearance lamps, nor that
all lights required on the rear of the rearmost vehicle of any
combination shall be lighted. [1961 c 12 § 46.37.130. Prior:
1955 c 269 § 13.]
46.37.130
46.37.140 Lamps, reflectors, and flags on projecting
load. Whenever the load upon any vehicle extends to the rear
four feet or more beyond the bed or body of such vehicle
there shall be displayed at the extreme rear end of the load, at
the times specified in RCW 46.37.020, two red lamps, visible
from a distance of at least five hundred feet to the rear, two
red reflectors visible at night from all distances within six
hundred feet to one hundred feet to the rear when directly in
front of lawful lower beams of headlamps, and located so as
to indicate maximum width, and on each side one red lamp,
visible from a distance of at least five hundred feet to the side,
located so as to indicate maximum overhang. There shall be
displayed at all other times on any vehicle having a load
which extends beyond its sides or more than four feet beyond
46.37.140
(2008 Ed.)
Vehicle Lighting and Other Equipment
its rear, red flags, not less than twelve inches square, marking
the extremities of such loads, at each point where a lamp
would otherwise be required by this section, under RCW
46.37.020. [1977 ex.s. c 355 § 12; 1963 c 154 § 9; 1961 c 12
§ 46.37.140. Prior: 1955 c 269 § 14; prior: 1937 c 189 § 18;
RRS § 6360-18; RCW 46.40.050; 1929 c 178 § 11, part; 1927
c 309 § 32, part, RRS § 6362-32, part; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.150 Lamps on vehicles—Parked or stopped
vehicles, lighting requirements. (1) Every vehicle shall be
equipped with one or more lamps, which, when lighted, shall
display a white or amber light visible from a distance of one
thousand feet to the front of the vehicle, and a red light visible
from a distance of one thousand feet to the rear of the vehicle.
The location of said lamp or lamps shall always be such that
at least one lamp or combination of lamps meeting the
requirements of this section is installed as near as practicable
to the side of the vehicle which is closest to passing traffic.
(2) Whenever a vehicle is lawfully parked upon a street
or highway during the hours between a half hour after sunset
and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of
one thousand feet upon such street or highway, no lights need
be displayed upon such parked vehicle.
(3) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, outside an incorporated city
or town, whether attended or unattended, during the hours
between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or
object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped
with and shall display lamps meeting the requirements of
subsection (1) of this section.
(4) Any lighted head lamps upon a parked vehicle shall
be depressed or dimmed. [1977 ex.s. c 355 § 13; 1963 c 154
§ 10; 1961 c 12 § 46.37.150. Prior: 1955 c 269 § 15; prior:
1937 c 189 § 19; RRS § 6360-19; RCW 46.40.060; 1933 c
156 § 8; 1929 c 178 § 10; 1927 c 309 § 31; RRS § 6362-31.]
46.37.150
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.160 Hazard warning lights and reflectors on
farm equipment—Slow-moving vehicle emblem. (1)
Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry manufactured or
assembled after January 1, 1970, shall be equipped with
vehicular hazard warning lights of the type described in
RCW 46.37.215 visible from a distance of not less than one
thousand feet to the front and rear in normal sunlight, which
shall be displayed whenever any such vehicle is operated
upon a highway.
(2) Every self-propelled unit of farm equipment or
implement of husbandry manufactured or assembled after
January 1, 1970, shall at all times, and every other motor
vehicle shall at times mentioned in RCW 46.37.020, be
equipped with lamps and reflectors as follows:
46.37.160
(2008 Ed.)
46.37.160
(a) At least two headlamps meeting the requirements of
RCW 46.37.220, 46.37.240, or 46.37.260;
(b) At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as
far to the left of center of vehicle as practicable;
(c) At least two red reflectors visible from all distances
within six hundred to one hundred feet to the rear when
directly in front of lawful lower beams of headlamps.
(3) Every combination of farm tractor and towed farm
equipment or towed implement of husbandry shall at all
times mentioned in RCW 46.37.020 be equipped with lamps
and reflectors as follows:
(a) The farm tractor element of every such combination
shall be equipped as required in subsections (1) and (2) of this
section;
(b) The towed unit of farm equipment or implement of
husbandry element of such combination shall be equipped on
the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two
red reflectors visible to the rear from all distances within six
hundred feet to one hundred feet to the rear when directly in
front of lawful upper beams of head lamps. One reflector
shall be so positioned to indicate, as nearly as practicable, the
extreme left projection of the towed unit;
(c) If the towed unit or its load obscures either of the
vehicle hazard warning lights on the tractor, the towed unit
shall be equipped with vehicle hazard warning lights
described in subsection (1) of this section.
(4) The two red lamps and the two red reflectors required
in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or
combination of farm tractor and towed farm equipment shall
be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them: PROVIDED, That if all other requirements are
met, reflective tape or paint may be used in lieu of reflectors
required by subsection (3) of this section.
(5) After January 1, 1970, every farm tractor and every
self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of
twenty-five miles per hour shall at all times be equipped with
a slow moving vehicle emblem mounted on the rear except as
provided in subsection (6) of this section.
(6) After January 1, 1970, every combination of farm
tractor and towed farm equipment or towed implement of
husbandry normally operating at speeds not in excess of
twenty-five miles per hour shall at all times be equipped with
a slow moving vehicle emblem as follows:
(a) Where the towed unit is sufficiently large to obscure
the slow moving vehicle emblem on the farm tractor, the
towed unit shall be equipped with a slow moving vehicle
emblem. In such cases, the towing vehicle need not display
the emblem;
(b) Where the slow moving vehicle emblem on the farm
tractor unit is not obscured by the towed unit, then either or
both may be equipped with the required emblem but it shall
be sufficient if either has it.
(7) The emblem required by subsections (5) and (6) of
this section shall comply with current standards and specifications as promulgated by the Washington state patrol. [1987
c 330 § 708; 1977 ex.s. c 355 § 14; 1969 ex.s. c 281 § 22;
[Title 46 RCW—page 163]
46.37.170
Title 46 RCW: Motor Vehicles
1963 c 154 § 11; 1961 c 12 § 46.37.160. Prior: 1955 c 269 §
16.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.170 Lamps and reflectors on other vehicles and
equipment—Slow-moving vehicle emblem on animaldrawn vehicles. (1) Every vehicle, including animal-drawn
vehicles and vehicles referred to in *RCW 46.37.010(3), not
specifically required by the provisions of RCW 46.37.020
through 46.37.330 to be equipped with lamps, or other lighting devices, shall at all times specified in RCW 46.37.020 be
equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the
front of said vehicle, and shall also be equipped with two
lamps displaying red light visible from a distance of not less
than one thousand feet to the rear of said vehicle, or as an
alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two
red reflectors visible from all distances of six hundred to one
hundred feet to the rear when illuminated by the lawful lower
beams of head lamps.
(2) After June 1, 1978, every animal-drawn vehicle shall
at all times be equipped with a slow-moving vehicle emblem
complying with RCW 46.37.160(7). [1977 ex.s. c 355 § 15;
1963 c 154 § 12; 1961 c 12 § 46.37.170. Prior: 1955 c 269 §
17; prior: 1937 c 189 § 21; RRS § 6360-21; RCW 46.40.080;
1927 c 309 § 34; 1921 c 96 § 22, part; 1917 c 40 § 1; RRS §
6362-34.]
46.37.170
*Reviser’s note: RCW 46.37.010 was amended by 2006 c 306 § 1,
changing subsection (3) to subsection (4).
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.180 Spot lamps and auxiliary lamps. (1) Spot
lamps. Any motor vehicle may be equipped with not to
exceed two spot lamps and every lighted spot lamp shall be
so aimed and used that no part of the high intensity portion of
the beam will strike the windshield, or any windows, mirror,
or occupant of another vehicle in use.
(2) Fog lamps. Any motor vehicle may be equipped with
not to exceed two fog lamps mounted on the front at a height
of not less than twelve inches nor more than thirty inches
above the level surface upon which the vehicle stands and so
aimed that when the vehicle is not loaded none of the high
intensity portion of the light to the left of the center of the
vehicle shall at a distance of twenty-five feet ahead project
higher than a level of four inches below the level of the center
of the lamp from which it comes. Lighted fog lamps meeting
the above requirements may be used with lower head lamp
beams as specified in RCW 46.37.220.
(3) Auxiliary passing lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary passing lamps
mounted on the front at a height not less than twenty-four
inches nor more than forty-two inches above the level surface
upon which the vehicle stands. The provisions of RCW
46.37.220 shall apply to any combinations of head lamps and
auxiliary passing lamps.
(4) Auxiliary driving lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary driving lamps
mounted on the front at a height not less than sixteen inches
nor more than forty-two inches above the level surface upon
which the vehicle stands. The provisions of RCW 46.37.220
shall apply to any combination of head lamps and auxiliary
driving lamps. [1963 c 154 § 13; 1961 c 12 § 46.37.180.
Prior: 1955 c 269 § 18; prior: 1949 c 157 § 1; Rem. Supp.
1949 § 6360-22a; RCW 46.40.110, 46.40.120.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.184 Red flashing lights on fire department
vehicles. All fire department vehicles in service shall be
identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet
under normal atmospheric conditions. Such red flashing
lights shall be well separated from the headlights so that they
will not black out when headlights are on. Such red flashing
lights shall be in operation at all times when such vehicle is
on emergency status. [1961 c 12 § 46.37.184. Prior: 1953 c
161 § 1. Formerly RCW 46.40.220.]
46.37.184
46.37.185 Green light on firefighters’ private cars.
Firefighters, when approved by the chief of their respective
service, shall be authorized to use a green light on the front of
their private cars when on emergency duty only. Such green
light shall be visible for a distance of two hundred feet under
normal atmospheric conditions and shall be of a type and
mounting approved by the Washington state patrol. The use
of the green light shall only be for the purpose of identification and the operator of a vehicle so equipped shall not be
entitled to any of the privileges provided in RCW 46.61.035
for the operators of authorized emergency vehicles. [2007 c
218 § 73; 1987 c 330 § 709; 1971 ex.s. c 92 § 3; 1961 c 12 §
46.37.185. Prior: 1953 c 161 § 2. Formerly RCW
46.40.230.]
46.37.185
46.37.180
[Title 46 RCW—page 164]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.186 Fire department sign or plate on private
car. (1) No private vehicle, bearing a sign or plate indicating
a fire department connection, shall be driven or operated on
any public highway, except when the owner thereof is a bona
fide member of a fire department.
(2) Any sign or plate indicating fire department connection on a private car of any member of a fire department shall
include the name of the municipality or fire department organization to which the owner belongs. [1961 c 12 § 46.37.186.
Prior: 1953 c 161 § 3. Formerly RCW 46.40.240.]
46.37.186
46.37.187 Green light, sign or plate—Identification
card required. Any individual displaying a green light as
authorized in RCW 46.37.185, or a sign or plate as authorized
in RCW 46.37.186, shall also carry attached to a convenient
location on the private vehicle to which the green light or sign
or plate is attached, an identification card showing the name
of the owner of said vehicle, the organization to which he or
she belongs and bearing the signature of the chief of the ser46.37.187
(2008 Ed.)
Vehicle Lighting and Other Equipment
vice involved. [1971 ex.s. c 92 § 2; 1961 c 12 § 46.37.187.
Prior: 1953 c 161 § 4. Formerly RCW 46.40.250.]
46.37.188 Penalty for violation of RCW 46.37.184
through 46.37.188. Every violation of RCW 46.37.184,
46.37.185, 46.37.186, or 46.37.187 is a traffic infraction.
[1979 ex.s. c 136 § 70; 1961 c 12 § 46.37.188. Prior: 1953 c
161 § 5. Formerly RCW 46.40.260.]
46.37.188
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.37.190 Warning devices on vehicles—Other drivers yield and stop. (1) Every authorized emergency vehicle
shall, in addition to any other equipment and distinctive
marking required by this chapter, be equipped with at least
one lamp capable of displaying a red light visible from at
least five hundred feet in normal sunlight and a siren capable
of giving an audible signal.
(2) Every school bus and private carrier bus shall, in
addition to any other equipment and distinctive markings
required by this chapter, be equipped with a "stop" signal
upon a background not less than fourteen by eighteen inches
displaying the word "stop" in letters of distinctly contrasting
colors not less than eight inches high, and shall further be
equipped with signal lamps mounted as high and as widely
spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located
at the same level and to the rear two alternately flashing red
lights located at the same level and these lights shall have sufficient intensity to be visible at five hundred feet in normal
sunlight.
(3) Vehicles operated by public agencies whose law
enforcement duties include the authority to stop and detain
motor vehicles on the public highways of the state may be
equipped with a siren and lights of a color and type designated by the state patrol for that purpose. The state patrol
may prohibit the use of these sirens and lights on vehicles
other than the vehicles described in this subsection.
(4) The lights described in this section shall not be
mounted nor used on any vehicle other than a school bus, a
private carrier bus, or an authorized emergency or law
enforcement vehicle.
(5) The use of the signal equipment described in this section and RCW 46.37.670, except the signal preemption
devices used by public transit vehicles and department of
transportation, city, or county maintenance vehicles that are
not used in conjunction with emergency equipment, shall
impose upon drivers of other vehicles the obligation to yield
right-of-way and stop as prescribed in RCW 46.61.210,
46.61.370, and 46.61.350. [2005 c 183 § 8; 1993 c 401 § 2;
1987 c 330 § 710; 1985 c 331 § 1; 1982 c 101 § 1; 1971 ex.s.
c 92 § 1; 1970 ex.s. c 100 § 5; 1965 ex.s. c 155 § 53; 1963 c
154 § 14; 1961 c 12 § 46.37.190. Prior: 1957 c 66 § 1; 1955
c 269 § 19.]
46.37.190
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.191 Implementing rules. The state patrol shall
adopt rules to implement RCW 46.37.190. [1993 c 401 § 3.]
46.37.191
(2008 Ed.)
46.37.196
46.37.193 Signs on buses. Every school bus and private
carrier bus, in addition to any other equipment or distinctive
markings required by this chapter, shall bear upon the front
and rear thereof, above the windows thereof, plainly visible
signs containing only the words "school bus" on a school bus
and only the words "private carrier bus" on a private carrier
bus in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the
requirements of RCW 46.37.190. School districts may affix
signs designed according to RCW 46.61.380 informing
motorists of the monetary penalty for failure to stop for a
school bus when the visual signals are activated.
However, a private carrier bus that regularly transports
children to and from a private school or in connection with
school activities may display the words "school bus" in a
manner provided in this section and need not comply with the
requirements set forth in the most recent edition of "Specifications for School Buses" published by the superintendent of
public instruction. [1997 c 80 § 3; 1995 c 141 § 2; 1990 c 241
§ 10.]
46.37.193
School bus markings: RCW 46.61.380.
46.37.194 Authorized emergency vehicles—State
patrol authority, maintenance, and applicant and driver
screening. The state patrol may make rules and regulations
relating to authorized emergency vehicles and shall test and
approve sirens and emergency vehicle lamps to be used on
such vehicles. The equipment and standards review unit shall
require a record check of all applicants and drivers for an
authorized emergency vehicle permit through the Washington state patrol criminal identification section pursuant to
RCW 10.97.050 and through the federal bureau of investigation before issuing an authorized emergency vehicle permit.
The record check shall include a fingerprint check using a
complete Washington state criminal identification fingerprint
card. When necessary, applicants and drivers may be
employed on a conditional basis pending completion of the
investigation. Pursuant to RCW 43.43.742, the applicant,
driver, or employer shall pay costs associated with the record
check. [2006 c 27 § 1; 1987 c 330 § 711; 1961 c 12 §
46.37.194. Prior: 1957 c 66 § 3.]
46.37.194
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.195 Sale of emergency vehicle lighting equipment restricted. A public agency shall not sell or give emergency vehicle lighting equipment or other equipment to a
person who may not lawfully operate the lighting equipment
or other equipment on the public streets and highways. [1990
c 94 § 2.]
46.37.195
Legislative finding—1990 c 94: "The legislature declares that public
agencies should not engage in activity that leads or abets a person to engage
in conduct that is not lawful. The legislature finds that some public agencies
sell emergency vehicle lighting equipment at public auctions to persons who
may not lawfully use the equipment. The legislature further finds that this
practice misleads well-intentioned citizens and also benefits malevolent individuals." [1990 c 94 § 1.]
46.37.196 Red lights on emergency tow trucks. All
emergency tow trucks shall be identified by an intermittent or
revolving red light capable of 360° visibility at a distance of
five hundred feet under normal atmospheric conditions. This
46.37.196
[Title 46 RCW—page 165]
46.37.200
Title 46 RCW: Motor Vehicles
intermittent or revolving red light shall be used only at the
scene of an emergency or accident, and it will be unlawful to
use such light while traveling to or from an emergency or
accident, or for any other purposes. [1977 ex.s. c 355 § 16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.200
46.37.200 Stop lamps and electric turn signals displayed. (1) Any vehicle may be equipped and when required
under this chapter shall be equipped with a stop lamp or
lamps on the rear of the vehicle which shall display a red or
amber light, or any shade of color between red and amber,
visible from a distance of not less than one hundred feet and
on any vehicle manufactured or assembled after January 1,
1964, three hundred feet to the rear in normal sunlight, and
which shall be actuated upon application of a service brake,
and which may but need not be incorporated with one or
more other rear lamps.
(2) Any vehicle may be equipped and when required
under RCW 46.37.070(2) shall be equipped with electric turn
signals which shall indicate an intention to turn by flashing
lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination
toward which the turn is to be made. The lamps showing to
the front shall be mounted on the same level and as widely
spaced laterally as practicable and, when signaling, shall emit
amber light: PROVIDED, That on any vehicle manufactured
prior to January 1, 1969, the lamps showing to the front may
emit white or amber light, or any shade of light between
white and amber. The lamp showing to the rear shall be
mounted on the same level and as widely spaced laterally as
practicable, and, when signaling, shall emit a red or amber
light, or any shade of color between red and amber. Turn signal lamps shall be visible from a distance of not less than five
hundred feet to the front and rear in normal sunlight. Turn
signal lamps may, but need not be, incorporated in other
lamps on the vehicle.
(3) Any vehicle may be equipped and when required
under this chapter shall be equipped with a center highmounted stop lamp mounted on the center line of the rear of
the vehicle. These stop lamps shall display a red light visible
from a distance of not less than three hundred feet to the rear
in normal sunlight, and shall be actuated upon application of
a service brake, and may not be incorporated with any other
rear lamps. [2006 c 306 § 3; 1977 ex.s. c 355 § 17; 1963 c
154 § 15; 1961 c 12 § 46.37.200. Prior: 1955 c 269 § 20;
prior: 1953 c 248 § 2, part; 1947 c 267 § 4, part; 1937 c 189
§ 23, part; Rem. Supp. 1947 § 6360-23, part; RCW
46.40.090, part; 1929 c 178 § 1, part; 1927 c 309 § 15, part;
RRS § 6362-15.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.210
46.37.210 Additional lighting equipment. (1) Any
motor vehicle may be equipped with not more than two side
cowl or fender lamps which shall emit an amber or white
light without glare.
(2) Any motor vehicle may be equipped with not more
than one running-board courtesy lamp on each side thereof
which shall emit a white or amber light without glare.
[Title 46 RCW—page 166]
(3) Any motor vehicle may be equipped with one or
more back-up lamps either separately or in combination with
other lamps, but any such back-up lamp or lamps shall not be
lighted when the motor vehicle is in forward motion.
(4) Any vehicle may be equipped with one or more side
marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side
marker lamps located toward the front of a vehicle shall be
amber, and side marker lamps located toward the rear shall be
red.
(5) Any vehicle eighty inches or more in over-all width,
if not otherwise required by RCW 46.37.090, may be
equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare
and not more than three identification lamps showing to the
rear which shall emit a red light without glare. Such lamps
shall be mounted as specified in RCW 46.37.090(7).
(6)(a) Every motor vehicle, trailer, semitrailer, truck
tractor, and pole trailer used in the state of Washington may
be equipped with an auxiliary lighting system consisting of:
(i) One green light to be activated when the accelerator
of the motor vehicle is depressed;
(ii) Not more than two amber lights to be activated when
the motor vehicle is moving forward, or standing and idling,
but is not under the power of the engine.
(b) Such auxiliary system shall not interfere with the
operation of vehicle stop lamps or turn signals, as required by
RCW 46.37.070. Such system, however, may operate in conjunction with such stop lamps or turn signals.
(c) Only one color of the system may be illuminated at
any one time, and at all times either the green light, or amber
light or lights shall be illuminated when the stop lamps of the
vehicle are not illuminated.
(d) The green light, and the amber light or lights, when
illuminated shall be plainly visible at a distance of one thousand feet to the rear.
(e) Only one such system may be mounted on a motor
vehicle, trailer, semitrailer, truck tractor, or pole trailer; and
such system shall be rear mounted in a horizontal fashion, at
a height of not more than seventy-two inches, nor less than
twenty inches, as provided by RCW 46.37.050.
(f) On a combination of vehicles, only the lights of the
rearmost vehicle need actually be seen and distinguished as
provided in subparagraph (d) of this subsection.
(g) Each manufacturer’s model of such a system as
described in this subsection shall be approved by the state
patrol as provided for in RCW 46.37.005 and 46.37.320,
before it may be sold or offered for sale in the state of Washington. [1987 c 330 § 712; 1977 ex.s. c 355 § 18; 1975 1st
ex.s. c 242 § 1; 1963 c 154 § 16; 1961 c 12 § 46.37.210. Prior:
1955 c 269 § 21; prior: 1937 c 189 § 24; RRS § 6360-24;
RCW 46.40.100.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.215 Hazard warning lamps. (1) Any vehicle
may be equipped with lamps for the purpose of warning other
operators of other vehicles of the presence of a vehicular traf46.37.215
(2008 Ed.)
Vehicle Lighting and Other Equipment
fic hazard requiring the exercise of unusual care in approaching, overtaking, or passing.
(2) After June 1, 1978, every motor home, bus, truck,
truck tractor, trailer, semitrailer, or pole trailer eighty inches
or more in overall width or thirty feet or more in overall
length shall be equipped with lamps meeting the requirements of this section.
(3) Vehicular hazard warning signal lamps used to display such warning to the front shall be mounted at the same
level and as widely spaced laterally as practicable, and shall
display simultaneously flashing amber light: PROVIDED,
That on any vehicle manufactured prior to January 1, 1969,
the lamps showing to the front may display simultaneously
flashing white or amber lights, or any shade of color between
white and amber. The lamps used to display such warning to
the rear shall be mounted at the same level and as widely
spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color
between amber and red. These warning lights shall be visible
from a distance of not less than five hundred feet in normal
sunlight. [1977 ex.s. c 355 § 19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.260
cient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following
requirements and limitations:
(2) Whenever a driver of a vehicle approaches an
oncoming vehicle within five hundred feet, such driver shall
use a distribution of light, or composite beam, so aimed that
the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite
beam, specified in RCW 46.37.220(2) shall be deemed to
avoid glare at all times, regardless of road contour and loading.
(3) Whenever the driver of a vehicle approaches another
vehicle from the rear within three hundred feet such driver
shall use a distribution of light permissible under this chapter
other than the uppermost distribution of light specified in
RCW 46.37.220(1). [1963 c 154 § 17; 1961 c 12 § 46.37.230.
Prior: 1955 c 269 § 23; prior: 1947 c 267 § 5, part; Rem.
Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c
156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS
§ 6362-22, part.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.240
46.37.220 Multiple-beam road-lighting equipment.
Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the
driver may select at will between distributions of light projected to different elevations, and such lamps may be so
arranged that such selection can be made automatically subject to the following limitations:
(1) There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal
persons and vehicles at a distance of four hundred fifty feet
ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of one hundred fifty
feet ahead; and on a straight level road under any conditions
of loading none of the high intensity portion of the beam shall
be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle registered in this state after
January 1, 1948, which has multiple-beam road-lighting
equipment shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of light
from the head lamps is in use, and shall not otherwise be
lighted. Said indicator shall be so designed and located that
when lighted it will be readily visible without glare to the
driver of the vehicle so equipped. [1977 ex.s. c 355 § 20;
1961 c 12 § 46.37.220. Prior: 1955 c 269 § 22; prior: 1947 c
267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW
46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part;
1927 c 309 § 22, part; RRS § 6362-22, part.]
46.37.220
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.230 Use of multiple-beam road-lighting equipment. (1) Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times specified in RCW 46.37.020, the driver shall use a distribution of
light, or composite beam, directed high enough and of suffi46.37.230
(2008 Ed.)
46.37.240 Single-beam road-lighting equipment.
Head lamp systems which provide only a single distribution
of light shall be permitted on all farm tractors regardless of
date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in
lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light
shall at a distance of twenty-five feet ahead project higher
than a level of five inches below the level of the center of the
lamp from which it comes, and in no case higher than fortytwo inches above the level on which the vehicle stands at a
distance of seventy-five feet ahead;
(2) The intensity shall be sufficient to reveal persons and
vehicles at a distance of at least two hundred feet. [1977 ex.s.
c 355 § 21; 1963 c 154 § 18; 1961 c 12 § 46.37.240. Prior:
1955 c 269 § 24; prior: 1947 c 267 § 5, part; Rem. Supp.
1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3,
part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 636222, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.260
46.37.260 Alternate road lighting equipment. Any
motor vehicle may be operated under the conditions specified
in RCW 46.37.020 when equipped with two lighted lamps
upon the front thereof capable of revealing persons and
objects one hundred feet ahead in lieu of lamps required in
RCW 46.37.220 or 46.37.240: PROVIDED, HOWEVER,
That at no time shall it be operated at a speed in excess of
twenty miles per hour. [1977 ex.s. c 355 § 22; 1961 c 12 §
46.37.260. Prior: 1955 c 269 § 26; prior: 1937 c 189 § 27;
RRS § 6360-27; RCW 46.40.150.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
[Title 46 RCW—page 167]
46.37.270
Title 46 RCW: Motor Vehicles
46.37.270 Number of lamps required—Number of
additional lamps permitted. (1) At all times specified in
RCW 46.37.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle,
except when such vehicle is parked subject to the regulations
governing lights on parked vehicles.
(2) Whenever a motor vehicle equipped with head lamps
as herein required is also equipped with any auxiliary lamps
or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of two of any such additional
lamps on the front of a vehicle shall be lighted at any one time
when upon a highway. [1977 ex.s. c 355 § 23; 1961 c 12 §
46.37.270. Prior: 1955 c 269 § 27; prior: 1937 c 189 § 28;
RRS § 6360-28; RCW 46.40.160; 1929 c 178 § 2; 1927 c 309
§ 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 §
15, part; 1915 c 142 § 21, part; RRS § 6362-19.]
46.37.270
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.280 Special restrictions on lamps. (1) During
the times specified in RCW 46.37.020, any lighted lamp or
illuminating device upon a motor vehicle, other than head
lamps, spot lamps, auxiliary lamps, flashing turn signals,
emergency vehicle warning lamps, warning lamps authorized
by the state patrol and school bus warning lamps, which
projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high
intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(2) Except as required in RCW 46.37.190 no person shall
drive or move any vehicle or equipment upon any highway
with any lamp or device thereon displaying a red light visible
from directly in front of the center thereof.
(3) Flashing lights are prohibited except as required in
RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and
46.37.300, warning lamps authorized by the state patrol, and
light-emitting diode flashing taillights on bicycles. [1998 c
165 § 16; 1987 c 330 § 713; 1977 ex.s. c 355 § 24; 1963 c 154
§ 19; 1961 c 12 § 46.37.280. Prior: 1955 c 269 § 28; prior:
1949 c 157 § 2; 1947 c 267 § 6; 1947 c 200 § 2; 1937 c 189 §
29; Rem. Supp. 1949 § 6360-29; RCW 46.40.170; 1927 c 309
§ 33; RRS § 6362-33.]
46.37.280
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.290 Special lighting equipment on school buses
and private carrier buses. The chief of the Washington
state patrol is authorized to adopt standards and specifications applicable to lighting equipment on and special warning
devices to be carried by school buses and private carrier
buses consistent with the provisions of this chapter, but supplemental thereto. Such standards and specifications shall
correlate with and, so far as possible, conform to the specifications then current as approved by the society of automotive
engineers. [1987 c 330 § 714; 1977 c 45 § 1; 1970 ex.s. c 100
§ 6; 1961 c 12 § 46.37.290. Prior: 1955 c 269 § 29; prior:
46.37.290
[Title 46 RCW—page 168]
1937 c 189 § 25, part; RRS § 6360-25, part; RCW 46.40.130,
part; 1929 c 178 § 3, part; 1927 c 309 § 20, part; RRS §
6362-20, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
School buses—Crossing arms: RCW 46.37.620.
46.37.300 Standards for lights on snow-removal or
highway maintenance and service equipment. (1) The
state patrol shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other
lamps on snow-removal and other highway maintenance and
service equipment when operated on the highways of this
state in lieu of the lamps otherwise required on motor vehicles by this chapter. Such standards and specifications may
permit the use of flashing lights for purposes of identification
on snow-removal and other highway maintenance and service equipment when in service upon the highways. The standards and specifications for lamps referred to in this section
shall correlate with and, so far as possible, conform with
those approved by the American association of state highway
officials.
(2) It shall be unlawful to operate any snow-removal and
other highway maintenance and service equipment on any
highway unless the lamps thereon comply with and are
lighted when and as required by the standards and specifications adopted as provided in this section. [1987 c 330 § 715;
1963 c 154 § 20; 1961 c 12 § 46.37.300. Prior: 1955 c 269 §
30.]
46.37.300
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.310 Selling or using lamps or equipment. (1)
No person may have for sale, sell, or offer for sale for use
upon or as a part of the equipment of a motor vehicle, trailer,
or semitrailer, or use upon any such vehicle any head lamp,
auxiliary or fog lamp, rear lamp, signal lamp, or reflector,
which reflector is required under this chapter, or parts of any
of the foregoing which tend to change the original design or
performance, unless of a type which has been submitted to
the state patrol and conforming to rules adopted by it.
(2) No person may have for sale, sell, or offer for sale for
use upon or as a part of the equipment of a motor vehicle,
trailer, or semitrailer any lamp or device mentioned in this
section conforming to rules adopted by the state patrol unless
such lamp or device bears thereon the trademark or name
under which it is approved so as to be legible when installed.
(3) No person may use upon any motor vehicle, trailer,
or semitrailer any lamps mentioned in this section unless the
lamps are mounted, adjusted, and aimed in accordance with
instructions of the state patrol. [1987 c 330 § 716; 1986 c 113
§ 1; 1961 c 12 § 46.37.310. Prior: 1955 c 269 § 31; prior:
1937 c 189 § 30; RRS § 6360-30; RCW 46.40.180; 1929 c
178 § 12; 1927 c 309 § 35; RRS § 6362-35.]
46.37.310
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.320 Authority of state patrol regarding lighting devices or other safety equipment. (1) The chief of the
state patrol is hereby authorized to adopt and enforce rules
46.37.320
(2008 Ed.)
Vehicle Lighting and Other Equipment
establishing standards and specifications governing the performance of lighting devices and their installation, adjustment, and aiming, when in use on motor vehicles, and other
safety equipment, components, or assemblies of a type for
which regulation is required in this chapter or in rules
adopted by the state patrol. Such rules shall correlate with
and, so far as practicable, conform to federal motor vehicle
safety standards adopted pursuant to the national traffic and
motor vehicle safety act of 1966 (15 U.S.C. Sec. 1381 et seq.)
covering the same aspect of performance, or in the absence of
such federal standards, to the then current standards and specifications of the society of automotive engineers applicable to
such equipment: PROVIDED, That the sale, installation, and
use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement
concerning motor vehicle equipment and parts done at
Geneva on March 20, 1958, or as amended and adopted by
the Canadian standards association (CSA standard D106.2),
as amended, shall be lawful in this state.
(2) Every manufacturer who sells or offers for sale lighting devices or other safety equipment subject to requirements
established by the state patrol shall, if the lighting device or
safety equipment is not in conformance with applicable federal motor vehicle safety standards, provide for submission of
such lighting device or safety equipment to any recognized
organization or agency such as, but not limited to, the American national standards institute, the society of automotive
engineers, or the American association of motor vehicle
administrators, as the agent of the state patrol. Issuance of a
certificate of compliance for any lighting device or item of
safety equipment by that agent is deemed to comply with the
standards set forth by the state patrol. Such certificate shall be
issued by the agent of the state before sale of the product
within the state.
(3) The state patrol may at any time request from the
manufacturer a copy of the test data showing proof of compliance of any device with the requirements established by the
state patrol and additional evidence that due care was exercised in maintaining compliance during production. If the
manufacturer fails to provide such proof of compliance
within sixty days of notice from the state patrol, the state
patrol may prohibit the sale of the device in this state until
acceptable proof of compliance is received by the state patrol.
(4) The state patrol or its agent may purchase any lighting device or other safety equipment, component, or assembly subject to this chapter or rules adopted by the state patrol
under this chapter, for purposes of testing or retesting the
equipment as to its compliance with applicable standards or
specifications. [1987 c 330 § 717; 1986 c 113 § 2. Prior:
1977 ex.s. c 355 § 25; 1977 ex.s. c 20 § 1; 1961 c 12 §
46.37.320; prior: 1955 c 269 § 32; prior: 1937 c 189 § 31;
RRS § 6360-31; RCW 46.40.190; 1933 c 156 § 4, part; 1929
c 178 § 6, part; 1927 c 309 § 23, part; RRS § 6362-23, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.330 Revocation of certificate of approval on
devices—Reapproval, conditions. (1) When the state patrol
has reason to believe that an approved device does not comply with the requirements of this chapter or regulations issued
46.37.330
(2008 Ed.)
46.37.340
by the state patrol, it may, after giving thirty days’ previous
notice to the person holding the certificate of approval for
such device in this state, conduct a hearing upon the question
of compliance of said approved device. After said hearing the
state patrol shall determine whether said approved device
meets the requirements of this chapter and regulations issued
by the state patrol. If said device does not meet the requirements of this chapter or the state patrol’s regulations it shall
give notice to the one to whom the certificate of approval has
been issued of the state patrol’s intention to suspend or
revoke the certificate of approval for such device in this state.
(2) If at the expiration of ninety days after such notice the
person holding the certificate of approval for such device has
failed to satisfy the state patrol that said approved device as
thereafter to be sold or offered for sale meets the requirements of this chapter or the state patrol’s regulations, the state
patrol shall suspend or revoke the approval issued therefor
and shall require the withdrawal of all such devices from the
market and may require that all said devices sold since the
notification be replaced with devices that do comply.
(3) When a certificate of approval has been suspended or
revoked pursuant to this chapter or regulations by the state
patrol, the device shall not be again approved unless and until
it has been submitted for reapproval and it has been demonstrated, in the same manner as in an application for an original approval, that the device fully meets the requirements of
this chapter or regulations issued by the state patrol. The state
patrol may require that all previously approved items are
being effectively recalled and removed from the market as a
condition of reapproval. [1987 c 330 § 718; 1977 ex.s. c 355
§ 26; 1961 c 12 § 46.37.330. Prior: 1955 c 269 § 33; prior:
1937 c 189 § 32; RRS § 6360-32; RCW 46.40.200; 1933 c
156 § 4, part; 1929 c 178 § 6, part; 1927 c 309 § 23, part; RRS
§ 6362-23, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.340 Braking equipment required. Every motor
vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicle operating upon a highway within this
state shall be equipped with brakes in compliance with the
requirements of this chapter.
(1) Service brakes—adequacy. Every such vehicle and
combination of vehicles, except special mobile equipment as
defined in RCW 46.04.552, shall be equipped with service
brakes complying with the performance requirements of
RCW 46.37.351 and adequate to control the movement of
and to stop and hold such vehicle under all conditions of
loading, and on any grade incident to its operation.
(2) Parking brakes—adequacy. Every such vehicle and
combination of vehicles shall be equipped with parking
brakes adequate to hold the vehicle on any grade on which it
is operated, under all conditions of loading, on a surface free
from snow, ice, or loose material. The parking brakes shall be
capable of being applied in conformance with the foregoing
requirements by the driver’s muscular effort or by spring
action or by equivalent means. Their operation may be
assisted by the service brakes or other source of power provided that failure of the service brake actuation system or
other power assisting mechanism will not prevent the parking
46.37.340
[Title 46 RCW—page 169]
46.37.340
Title 46 RCW: Motor Vehicles
brakes from being applied in conformance with the foregoing
requirements. The parking brakes shall be so designed that
when once applied they shall remain applied with the
required effectiveness despite exhaustion of any source of
energy or leakage of any kind. The same brake drums, brake
shoes and lining assemblies, brake shoe anchors, and
mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both
the service brakes and the parking brakes. If the means of
applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of
any one part shall not leave the vehicle without operative
brakes.
(3) Brakes on all wheels. Every vehicle shall be equipped
with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross
weight not exceeding three thousand pounds, provided that:
(i) The total weight on and including the wheels of the
trailer or trailers shall not exceed forty percent of the gross
weight of the towing vehicle when connected to the trailer or
trailers; and
(ii) The combination of vehicles consisting of the towing
vehicle and its total towed load, is capable of complying with
the performance requirements of RCW 46.37.351;
(b) Trailers, semitrailers, or pole trailers manufactured
and assembled prior to July 1, 1965, shall not be required to
be equipped with brakes when the total weight on and including the wheels of the trailer or trailers does not exceed two
thousand pounds;
(c) Any vehicle being towed in driveaway or towaway
operations, provided the combination of vehicles is capable
of complying with the performance requirements of RCW
46.37.351;
(d) Trucks and truck tractors manufactured before July
25, 1980, and having three or more axles need not have
brakes on the front wheels, except that when such vehicles
are equipped with at least two steerable axles, the wheels of
one steerable axle need not have brakes. Trucks and truck
tractors manufactured on or after July 25, 1980, and having
three or more axles are required to have brakes on the front
wheels, except that when such vehicles are equipped with at
least two steerable axles, the wheels of one steerable axle
need not have brakes. Such trucks and truck tractors may be
equipped with an automatic device to reduce the front-wheel
braking effort by up to fifty percent of the normal braking
force, regardless of whether or not antilock system failure has
occurred on any axle, and:
(i) Must not be operable by the driver except upon application of the control that activates the braking system; and
(ii) Must not be operable when the pressure that transmits brake control application force exceeds eighty-five
pounds per square inch (psi) on air-mechanical braking systems, or eighty-five percent of the maximum system pressure
in vehicles utilizing other than compressed air.
All trucks and truck tractors having three or more axles
must be capable of complying with the performance requirements of RCW 46.37.351;
(e) Special mobile equipment as defined in RCW
46.04.552 and all vehicles designed primarily for off-highway use with braking systems which work within the power
train rather than directly at each wheel;
[Title 46 RCW—page 170]
(f) Vehicles manufactured prior to January 1, 1930, may
have brakes operating on only two wheels.
(g) For a forklift manufactured after January 1, 1970, and
being towed, wheels need not have brakes except for those on
the rearmost axle so long as such brakes, together with the
brakes on the towing vehicle, shall be adequate to stop the
combination within the stopping distance requirements of
RCW 46.37.351.
(4) Automatic trailer brake application upon breakaway.
Every trailer, semitrailer, and pole trailer equipped with air or
vacuum actuated brakes and every trailer, semitrailer, and
pole trailer with a gross weight in excess of three thousand
pounds, manufactured or assembled after January 1, 1964,
shall be equipped with brakes acting on all wheels and of
such character as to be applied automatically and promptly,
and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle.
(5) Tractor brakes protected. Every motor vehicle manufactured or assembled after January 1, 1964, and used to tow
a trailer, semitrailer, or pole trailer equipped with brakes,
shall be equipped with means for providing that in case of
breakaway of the towed vehicle, the towing vehicle will be
capable of being stopped by the use of its service brakes.
(6) Trailer air reservoirs safeguarded. Air brake systems
installed on trailers manufactured or assembled after January
1, 1964, shall be so designed that the supply reservoir used to
provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.
(7) Two means of emergency brake operation.
(a) Air brakes. After January 1, 1964, every towing vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, and all other vehicles equipped
with air controlled brakes, shall be equipped with two means
for emergency application of the brakes. One of these means
shall apply the brakes automatically in the event of a reduction of the vehicle’s air supply to a fixed pressure which shall
be not lower than twenty pounds per square inch nor higher
than forty-five pounds per square inch. The other means shall
be a manually controlled device for applying and releasing
the brakes, readily operable by a person seated in the driving
seat, and its emergency position or method of operation shall
be clearly indicated. In no instance may the manual means be
so arranged as to permit its use to prevent operation of the
automatic means. The automatic and the manual means
required by this section may be, but are not required to be,
separate.
(b) Vacuum brakes. After January 1, 1964, every towing
vehicle used to tow other vehicles equipped with vacuum
brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device
required by subsection (8) of this section, a second control
device which can be used to operate the brakes on towed
vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so
arranged that failure of the pressure upon which the second
control depends will cause the towed vehicle brakes to be
applied automatically. The second control is not required to
provide modulated braking.
(8) Single control to operate all brakes. After January 1,
1964, every motor vehicle, trailer, semitrailer, and pole
(2008 Ed.)
Vehicle Lighting and Other Equipment
trailer, and every combination of such vehicles, equipped
with brakes shall have the braking system so arranged that
one control device can be used to operate all service brakes.
This requirement does not prohibit vehicles from being
equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not
apply to driveaway or towaway operations unless the brakes
on the individual vehicles are designed to be operated by a
single control in the towing vehicle.
(9) Reservoir capacity and check valve.
(a) Air brakes. Every bus, truck, or truck tractor with air
operated brakes shall be equipped with at least one reservoir
sufficient to insure that, when fully charged to the maximum
pressure as regulated by the air compressor governor cut-out
setting, a full service brake application may be made without
lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily
draining accumulated oil or water.
(b) Vacuum brakes. After January 1, 1964, every truck
with three or more axles equipped with vacuum assistor type
brakes and every truck tractor and truck used for towing a
vehicle equipped with vacuum brakes shall be equipped with
a reserve capacity or a vacuum reservoir sufficient to insure
that, with the reserve capacity or reservoir fully charged and
with the engine stopped, a full service brake application may
be made without depleting the vacuum supply by more than
forty percent.
(c) Reservoir safeguarded. All motor vehicles, trailers,
semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section,
shall have such reservoirs or reserve capacity so safeguarded
by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed
air or vacuum, the stored air or vacuum shall not be depleted
by the leak or failure.
(10) Warning devices.
(a) Air brakes. Every bus, truck, or truck tractor using
compressed air for the operation of its own brakes or the
brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the primary
supply air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure
gauge visible to the driver, which indicates in pounds per
square inch the pressure available for braking.
(b) Vacuum brakes. After January 1, 1964, every truck
tractor and truck used for towing a vehicle equipped with
vacuum operated brakes and every truck with three or more
axles using vacuum in the operation of its brakes, except
those in driveaway or towaway operations, shall be equipped
with a warning signal, other than a gauge indicating vacuum,
readily audible or visible to the driver, which will operate at
any time the vacuum in the vehicle’s supply reservoir or
reserve capacity is less than eight inches of mercury.
(c) Combination of warning devices. When a vehicle
required to be equipped with a warning device is equipped
with both air and vacuum power for the operation of its own
brakes or the brakes on a towed vehicle, the warning devices
may be, but are not required to be, combined into a single
device which will serve both purposes. A gauge or gauges
(2008 Ed.)
46.37.351
indicating pressure or vacuum shall not be deemed to be an
adequate means of satisfying this requirement. [1989 c 221 §
1; 1979 c 11 § 1. Prior: 1977 ex.s. c 355 § 27; 1977 ex.s. c
148 § 2; 1965 ex.s. c 170 § 49; 1963 c 154 § 21; 1961 c 12 §
46.37.340; prior: 1955 c 269 § 34; prior: 1937 c 189 § 34,
part; RRS § 6360-34, part; RCW 46.36.020, 46.36.030, part;
1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181 § 5; 1921 c 96 §
23; 1915 c 142 § 22; RRS § 6362-16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.351
46.37.351 Performance ability of brakes. Every
motor vehicle and combination of vehicles, at all times and
under all conditions of loading, upon application of the service brakes, shall be capable of:
(1) Developing a braking force that is not less than the
percentage of its gross weight tabulated herein for its classification,
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than the feet per second per second
tabulated herein for its classification, and
(3) Stopping from a speed of twenty miles per hour in not
more than the distance tabulated herein for its classification,
such distance to be measured from the point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free from
loose material.
Classification
of vehicles
Passenger vehicles with
a seating capacity of
10 people or less
including driver, not
having a manufacturer’s
gross vehicle weight
rating . . . . . . . . . . . . .
B-1 All motorcycles and
motor-driven cycles . .
B-2 Single unit vehicles
with a manufacturer’s
gross vehicle weight
rating of 10,000
pounds or less . . . . . . .
C-1 Single unit vehicles
with a manufacturer’s
gross weight rating of
more than 10,000
pounds . . . . . . . . . . . .
Braking
force
as a
percentage of gross
vehicle or
combination
weight
Deceleration in
feet per
second
per
second
Brake
system
application
and
braking
distance
in feet
from an
initial
speed of
20 m.p.h.
52.8%
17
25
43.5%
14
30
43.5%
14
30
43.5%
14
40
A
[Title 46 RCW—page 171]
46.37.360
C-2 Combinations of a
two-axle towing vehicle
and a trailer with a
gross trailer weight of
3,000 pounds or less . .
C-3 Buses, regardless of the
number of axles, not
having a manufacturer’s
gross weight rating . . .
C-4 All combinations of
vehicles in driveawaytowaway operations . .
D
All other vehicles and
combinations of
vehicles . . . . . . . . . . . .
Title 46 RCW: Motor Vehicles
43.5%
14
40
43.5%
14
40
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
43.5%
14
40
43.5%
14
50
[1963 c 154 § 22.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.360 Maintenance of brakes—Brake system
failure indicator. (1) All brakes shall be maintained in good
working order and shall be so adjusted as to operate as
equally as practicable with respect to the front and back
wheels and to wheels on opposite sides of the vehicle.
(2) All passenger cars manufactured on or after January
1, 1968, and other types of vehicles manufactured on or after
September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working
order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds
without the occurrence of any of the following:
(i) Illumination of the brake system failure indicator
lamp;
(ii) A decrease of more than eighty percent of service
brake pedal height as measured from its free position to the
floorboard or any other object which restricts service brake
pedal travel;
(iii) Failure of any hydraulic line or other part.
(3) Brake hoses shall not be mounted so as to contact the
vehicle body or chassis. In addition, brake hoses shall not be
cracked, chafed, flattened, abraded, or visibly leaking. Protection devices such as "rub rings" shall not be considered
part of the hose or tubing.
(4) Disc and drum condition. If the drum is embossed
with a maximum safe diameter dimension or the rotor is
embossed with a minimum safety thickness dimension, the
drum or disc shall be within the appropriate specifications.
These dimensions will be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles
manufactured for several years prior to that time. If the drums
and discs are not embossed, the drums and discs shall be
within the manufacturer’s specifications.
(5) Friction materials. On each brake the thickness of the
lining or pad shall not be less than one thirty-second of an
inch over the rivet heads, or the brake shoe on bonded linings
or pads. Brake linings and pads shall not have cracks or
breaks that extend to rivet holes except minor cracks that do
not impair attachment. Drum brake linings shall be securely
attached to brake shoes. Disc brake pads shall be securely
attached to shoe plates.
46.37.360
[Title 46 RCW—page 172]
(6) Backing plates and caliper assemblies shall not be
deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear.
Automatic adjusters and other parts shall be assembled and
installed correctly. [1977 ex.s. c 355 § 28; 1961 c 12 §
46.37.360. Prior: 1955 c 269 § 36; prior: 1951 c 56 § 2, part;
1937 c 189 § 34, part; RRS § 6360-34, part; RCW 46.36.020,
46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181
§ 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS § 6362-16.]
46.37.365 Hydraulic brake fluid—Defined—Standards and specifications. (1) The term "hydraulic brake
fluid" as used in this section shall mean the liquid medium
through which force is transmitted to the brakes in the
hydraulic brake system of a vehicle.
(2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the
vehicle and the public.
(3) The chief of the Washington state patrol shall, in
compliance with the provisions of chapter 34.05 RCW, the
administrative procedure act, which govern the adoption of
rules, adopt and enforce regulations for the administration of
this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with,
and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid.
(4) No person shall distribute, have for sale, offer for
sale, or sell any hydraulic brake fluid unless it complies with
the requirements of this section and the standard specifications adopted by the state patrol. No person shall service any
vehicle with brake fluid unless it complies with the requirements of this section and the standards and specifications
adopted by the state patrol.
(5) Subsections (3) and (4) of this section shall not apply
to petroleum base fluids in vehicles with brake systems
designed to use them. [1987 c 330 § 719; 1977 ex.s. c 355 §
29; 1963 c 154 § 24.]
46.37.365
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.369 Wheels and front suspension. (1) No vehicle shall be equipped with wheel nuts, hub caps, or wheel
discs extending outside the body of the vehicle when viewed
from directly above which:
(a) Incorporate winged projections; or
(b) Constitute a hazard to pedestrians and cyclists.
For the purposes of this section, a wheel nut is defined as an
exposed nut which is mounted at the center or hub of a wheel,
and is not one of the ordinary hexagonal nuts which secure a
wheel to an axle and are normally covered by a hub cap or
wheel disc.
(2) Tire rims and wheel discs shall have no visible
cracks, elongated bolt holes, or indications of repair by welding. In addition, the lateral and radial runout of each rim bead
area shall not exceed one-eighth of an inch of total indicated
runout.
46.37.369
(2008 Ed.)
Vehicle Lighting and Other Equipment
(3) King pins or ball joints shall not be worn to the extent
that front wheels tip in or out more than one-quarter of an
inch at the lower edge of the tire. [1977 ex.s. c 355 § 30.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.375 Steering and suspension systems. (1) Construction of steering control system. The steering control system shall be constructed and maintained so that no components or attachments, including horn activating mechanism
and trim hardware, can catch the driver’s clothing or jewelry
during normal driving maneuvers.
(2) Maintenance of steering control system. System
play, lash, or free play in the steering system shall not exceed
the values tabulated herein.
46.37.375
Steering wheel diameter
Lash
(inches)
(inches)
16 or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1/4
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1/2
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3/4
(3) Linkage play. Free play in the steering linkage shall
not exceed one-quarter of an inch.
(4) Other components of the steering system such as the
power steering belt, tie rods, or idler arms or Pitman arms
shall not be broken, worn out, or show signs of breakage.
(5) Suspension condition. Ball joint seals shall not be cut
or cracked. Structural parts shall not be bent or damaged.
Stabilizer bars shall be connected. Springs shall not be broken, or extended by spacers. Shock absorber mountings,
shackles, and U-bolts shall be securely attached. Rubber
bushings shall not be cracked, or extruded out or missing
from suspension joints. Radius rods shall not be missing or
damaged.
(6) Shock absorber system. Shock absorbers shall not be
loose from mountings, leak, or be inoperative.
(7) Alignment. Toe-in and toe-out measurements shall
not be greater than one and one-half times the value listed in
the vehicle manufacturer’s service specification for alignment setting. [1977 ex.s. c 355 § 31.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.380 Horns, warning devices, and theft alarms.
(1) Every motor vehicle when operated upon a highway shall
be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a
distance of not less than two hundred feet, but no horn or
other warning device may emit an unreasonably loud or harsh
sound or a whistle. The driver of a motor vehicle shall when
reasonably necessary to insure safe operation give audible
warning with his horn but shall not otherwise use such horn
when upon a highway.
(2) No vehicle may be equipped with nor may any person use upon a vehicle any siren, whistle, or bell, except as
otherwise permitted in this section.
(3) It is permissible for any vehicle to be equipped with
a theft alarm signal device so long as it is so arranged that it
cannot be used by the driver as an ordinary warning signal.
46.37.380
(2008 Ed.)
46.37.390
Such a theft alarm signal device may use a whistle, bell, horn,
or other audible signal but shall not use a siren.
(4) Any authorized emergency vehicle may be equipped
with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than
five hundred feet and of a type conforming to rules adopted
by the state patrol, but the siren shall not be used except when
the vehicle is operated in response to an emergency call or in
the immediate pursuit of an actual or suspected violator of the
law, in which latter events the driver of the vehicle shall
sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach. [1987 c 330 § 720;
1986 c 113 § 3; 1977 ex.s. c 355 § 32; 1961 c 12 § 46.37.380.
Prior: 1955 c 269 § 38; prior: 1937 c 189 § 35; RRS § 636035; RCW 46.36.040.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.390 Mufflers required—Smoke and air contaminant standards—Definitions—Penalty, exception.
(1) Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation to
prevent excessive or unusual noise, and no person shall use a
muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.
(2)(a) No motor vehicle first sold and registered as a new
motor vehicle on or after January 1, 1971, shall discharge into
the atmosphere at elevations of less than three thousand feet
any air contaminant for a period of more than ten seconds
which is:
(i) As dark as or darker than the shade designated as No.
1 on the Ringelmann chart, as published by the United States
bureau of mines; or
(ii) Of such opacity as to obscure an observer’s view to a
degree equal to or greater than does smoke described in subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to
January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for
a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No.
2 on the Ringelmann chart, as published by the United States
bureau of mines; or
(ii) Of such opacity as to obscure an observer’s view to a
degree equal to or greater than does smoke described in subsection (b)(i) above.
(c) For the purposes of this subsection the following definitions shall apply:
(i) "Opacity" means the degree to which an emission
reduces the transmission of light and obscures the view of an
object in the background;
(ii) "Ringelmann chart" means the Ringelmann smoke
chart with instructions for use as published by the United
States bureau of mines in May 1967 and as thereafter
amended, information circular 7718.
(3) No person shall modify the exhaust system of a
motor vehicle in a manner which will amplify or increase the
noise emitted by the engine of such vehicle above that emit46.37.390
[Title 46 RCW—page 173]
46.37.395
Title 46 RCW: Motor Vehicles
ted by the muffler originally installed on the vehicle, and it
shall be unlawful for any person to operate a motor vehicle
not equipped as required by this subsection, or which has
been amplified as prohibited by this subsection. A court may
dismiss an infraction notice for a violation of this subsection
if there is reasonable grounds to believe that the vehicle was
not operated in violation of this subsection.
This subsection (3) does not apply to vehicles twentyfive or more years old or to passenger vehicles being operated
off the highways in an organized racing or competitive event
conducted by a recognized sanctioning body. [2006 c 306 §
4; 2001 c 293 § 1; 1977 ex.s. c 355 § 33; 1972 ex.s. c 135 § 1;
1967 c 232 § 3; 1961 c 12 § 46.37.390. Prior: 1955 c 269 §
39; prior: 1937 c 189 § 36; RRS § 6360-36; RCW 46.36.050;
1927 c 309 § 17; 1921 c 96 § 21; 1915 c 142 § 20; RRS §
6362-17.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.395 Compression brakes (Jake brakes). (1)
This section applies to all motor vehicles with a gross vehicle
weight rating of 4,536 kilograms or more (10,001 pounds or
more), registered and domiciled in Washington state, operated on public roads and equipped with engine compression
brake devices. An engine compression brake device is any
device that uses the engine and transmission to impede the
forward motion of the motor vehicle by compression of the
engine.
(2) The driver of a motor vehicle equipped with a device
that uses the compression of the motor vehicle engine shall
not use the device unless: The motor vehicle is equipped
with an operational muffler and exhaust system to prevent
excess noise. A muffler is part of an engine exhaust system
which acts as a noise dissipative device. A turbocharger is
not permitted to be used as a muffler or a noise dissipative
device.
(3) The monetary penalty for violating subsection (2) of
this section is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and
(c) seven hundred fifty dollars for each violation thereafter.
(4) All medium and heavy trucks must comply with federal code 205 - transportation equipment noise emission controls, subpart B.
(5) Nothing in this section prohibits a local jurisdiction
from implementing an ordinance that is more restrictive than
the state law and Washington state patrol rules regarding the
use of compression brakes. [2006 c 50 § 3; 2005 c 320 § 1.]
distance of at least two hundred feet to the rear of such vehicle.
(3) Every truck registered or based in Washington that is
equipped with a cube-style, walk-in cargo box up to eighteen
feet long used in the commercial delivery of goods and services must be equipped with a rear crossview mirror or
backup device to alert the driver that a person or object is
behind the truck.
(4) All mirrors and backup devices required by this section shall be maintained in good condition. Rear crossview
mirrors and backup devices will be of a type approved by the
Washington state patrol. [1998 c 2 § 1; 1977 ex.s. c 355 § 34;
1963 c 154 § 25; 1961 c 12 § 46.37.400. Prior: 1955 c 269 §
40; prior: 1937 c 189 § 37; RRS § 6360-37; RCW
46.36.060.]
Effective date—1998 c 2: "This act takes effect September 30, 1998."
[1998 c 2 § 2.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.395
46.37.400 Mirrors, backup devices. (1) Every motor
vehicle shall be equipped with a mirror mounted on the left
side of the vehicle and so located to reflect to the driver a
view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.
(2) Every motor vehicle shall be equipped with an additional mirror mounted either inside the vehicle approximately
in the center or outside the vehicle on the right side and so
located as to reflect to the driver a view of the highway for a
46.37.400
[Title 46 RCW—page 174]
46.37.410 Windshields required, exception—Must be
unobstructed and equipped with wipers. (1) All motor
vehicles operated on the public highways of this state shall be
equipped with a front windshield manufactured of safety
glazing materials for use in motor vehicles in accordance
with RCW 46.37.430, except, however, on such vehicles not
so equipped or where windshields are not in use, the operators of such vehicles shall wear glasses, goggles, or face
shields pursuant to RCW 46.37.530(1)(b).
(2) No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon the front
windshield, side wings, or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or
any intersecting highway.
(3) The windshield on every motor vehicle shall be
equipped with a device for cleaning rain, snow, or other
moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the
vehicle. After January 1, 1938, it shall be unlawful for any
person to operate a new motor vehicle first sold or delivered
after that date which is not equipped with such device or
devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and
right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or
other device or devices capable of accomplishing substantially the same result.
(4) Every windshield wiper upon a motor vehicle shall
be maintained in good working order. [1977 ex.s. c 355 § 35;
1961 c 12 § 46.37.410. Prior: 1955 c 269 § 41; prior: (i)
1937 c 189 § 38; RRS § 6360-38; RCW 46.36.070. (ii) 1937
c 189 § 39; RRS § 6360-39; RCW 46.36.080.]
46.37.410
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.420 Tires—Restrictions. (1) It is unlawful to
operate a vehicle upon the public highways of this state
unless it is completely equipped with pneumatic rubber tires
except vehicles equipped with temporary-use spare tires that
46.37.420
(2008 Ed.)
Vehicle Lighting and Other Equipment
meet federal standards that are installed and used in accordance with the manufacturer’s instructions.
(2) No tire on a vehicle moved on a highway may have
on its periphery any block, flange, cleat, or spike or any other
protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire,
except that it is permissible to use farm machinery equipped
with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway, and except also that it
is permissible to use tire chains or metal studs imbedded
within the tire of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle
when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use
metal studs imbedded within the tire between April 1st and
November 1st, except that a vehicle may be equipped yearround with tires that have retractable studs if: (a) The studs
retract pneumatically or mechanically to below the wear bar
of the tire when not in use; and (b) the retractable studs are
engaged only between November 1st and April 1st. Retractable studs may be made of metal or other material and are not
subject to the lightweight stud weight requirements under
RCW 46.04.272. The state department of transportation
may, from time to time, determine additional periods in
which the use of tires with metal studs imbedded therein is
lawful.
(3) The state department of transportation and local
authorities in their respective jurisdictions may issue special
permits authorizing the operation upon a highway of traction
engines or tractors having movable tracks with transverse
corrugations upon the periphery of the movable tracks or
farm tractors or other farm machinery, the operation of which
upon a highway would otherwise be prohibited under this
section.
(4) Tires with metal studs imbedded therein may be used
between November 1st and April 1st upon school buses and
fire department vehicles, any law or regulation to the contrary
notwithstanding. [2007 c 140 § 2; 1999 c 208 § 1; 1990 c 105
§ 1; 1987 c 330 § 721; 1986 c 113 § 4; 1984 c 7 § 50; 1971
ex.s. c 32 § 1; 1969 ex.s. c 7 § 1; 1961 c 12 § 46.37.420.
Prior: 1955 c 269 § 42; prior: (i) 1937 c 189 § 41; RRS §
6360-41; RCW 46.36.100. (ii) 1937 c 189 § 42; RRS § 636042; RCW 46.36.120; 1929 c 180 § 7; 1927 c 309 § 46; RRS §
6362-46.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Dangerous road conditions requiring special tires, chains, metal studs:
RCW 47.36.250.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.4215 Lightweight and retractable studs—Certification by sellers. Beginning January 1, 2000, a person
offering to sell to a tire dealer conducting business in the state
of Washington, a metal flange or cleat intended for installation as a stud in a vehicle tire shall certify that the studs are:
(1) Lightweight studs as defined in RCW 46.04.272; or (2)
retractable studs that are exempt from the requirements of
RCW 46.04.272. Certification must be accomplished by
clearly marking the boxes or containers used to ship and store
46.37.4215
(2008 Ed.)
46.37.424
studs with the designation "lightweight." This section does
not apply to tires or studs in a wholesaler’s existing inventory
as of January 1, 2000. [2007 c 140 § 3; 1999 c 219 § 2.]
46.37.4216
46.37.4216 Lightweight and retractable studs—Sale
of tires containing. Beginning July 1, 2001, a person may
not sell a studded tire or sell a stud for installation in a tire
unless the stud qualifies as a: (1) Lightweight stud under
RCW 46.04.272; or (2) retractable stud that is exempt from
the requirements of RCW 46.04.272. [2007 c 140 § 4; 1999
c 219 § 3.]
46.37.423
46.37.423 Pneumatic passenger car tires—Standards—Exception for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale for use on
the public highways of this state any new pneumatic passenger car tire which does not meet the standards established by
federal motor vehicle safety standard No. 109, as promulgated by the United States department of transportation under
authority of the National Traffic and Motor Vehicle Safety
Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of standard
No. 109 in effect at the time of manufacture of the tire.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any new pneumatic passenger car
tire which does not meet the standards prescribed in this section unless such tires are sold for off-highway use, as evidenced by a statement signed by the purchaser at the time of
sale certifying that he is not purchasing such tires for use on
the public highways of this state. [1979 ex.s. c 136 § 71;
1971 c 77 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.37.424
46.37.424 Regrooved tires—Standards—Exception
for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale any regrooved tire or shall
regroove any tire for use on the public highways of this state
which does not meet the standard established by federal
motor vehicle standard part 569—regrooved tires, as promulgated by the United States department of transportation under
authority of the National Traffic and Motor Vehicle Safety
Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of the federal regrooved tire standard in effect at the time of regrooving.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any regrooved tire or shall
regroove any tire which does not meet the standards prescribed in this section unless such tires are sold or regrooved
for off-highway use, as evidenced by a statement signed by
the purchaser or regroover at the time of sale or regrooving
certifying that he is not purchasing or regrooving such tires
for use on the public highways of this state. [1979 ex.s. c 136
§ 72; 1977 ex.s. c 355 § 36; 1971 c 77 § 2.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
[Title 46 RCW—page 175]
46.37.425
Title 46 RCW: Motor Vehicles
46.37.425 Tires—Unsafe—State patrol’s authority—
Penalty. No person shall drive or move or cause to be driven
or moved any vehicle, the tires of which have contact with the
driving surface of the road, subject to registration in this state,
upon the public highways of this state unless such vehicle is
equipped with tires in safe operating condition in accordance
with requirements established by this section or by the state
patrol.
The state patrol shall promulgate rules and regulations
setting forth requirements of safe operating condition of tires
capable of being employed by a law enforcement officer by
visual inspection of tires mounted on vehicles including
visual comparison with simple measuring gauges. These
rules shall include effects of tread wear and depth of tread.
A tire shall be considered unsafe if it has:
(1) Any ply or cord exposed either to the naked eye or
when cuts or abrasions on the tire are probed; or
(2) Any bump, bulge, or knot, affecting the tire structure;
or
(3) Any break repaired with a boot; or
(4) A tread depth of less than 2/32 of an inch measured in
any two major tread grooves at three locations equally spaced
around the circumference of the tire, or for those tires with
tread wear indicators, a tire shall be considered unsafe if it is
worn to the point that the tread wear indicators contact the
road in any two major tread grooves at three locations equally
spaced around the circumference of the tire; or
(5) A legend which indicates the tire is not intended for
use on public highways such as, "not for highway use" or "for
racing purposes only"; or
(6) Such condition as may be reasonably demonstrated to
render it unsafe; or
(7) If not matched in tire size designation, construction,
and profile to the other tire and/or tires on the same axle,
except for temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer’s instructions.
No person, firm, or corporation shall sell any vehicle for
use on the public highways of this state unless the vehicle is
equipped with tires that are in compliance with the provisions
of this section. If the tires are found to be in violation of the
provisions of this section, the person, firm, or corporation
selling the vehicle shall cause such tires to be removed from
the vehicle and shall equip the vehicle with tires that are in
compliance with the provisions of this section.
It is a traffic infraction for any person to operate a vehicle on the public highways of this state, or to sell a vehicle for
use on the public highways of this state, which is equipped
with a tire or tires in violation of the provisions of this section
or the rules and regulations promulgated by the state patrol
hereunder: PROVIDED, HOWEVER, That if the violation
relates to items (1) to (7) inclusive of this section then the
condition or defect must be such that it can be detected by a
visual inspection of tires mounted on vehicles, including
visual comparison with simple measuring gauges. [1990 c
105 § 2; 1987 c 330 § 722; 1979 ex.s. c 136 § 73; 1977 ex.s.
c 355 § 37; 1971 c 77 § 3.]
46.37.425
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 176]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1971 c 77: "The provisions of RCW 46.37.425 shall
have an effective date of January 1, 1972, but the state commission on equipment shall have the authority to proceed with the promulgation of the rules
and regulations provided for in RCW 46.37.425 so the rules and regulations
may have an effective date of January 1, 1972." [1971 c 77 § 4.]
46.37.430 Safety glazing—Sunscreening or coloring.
(1) No person may sell any new motor vehicle as specified in
this title, nor may any new motor vehicle as specified in this
title be registered unless such vehicle is equipped with safety
glazing material of a type that meets or exceeds federal standards, or if there are none, standards approved by the Washington state patrol. The foregoing provisions apply to all passenger-type motor vehicles, including passenger buses and
school buses, but in respect to trucks, including truck tractors,
the requirements as to safety glazing material apply to all
glazing material used in doors, windows, and windshields in
the drivers’ compartments of such vehicles except as provided by subsection (4) of this section.
(2) The term "safety glazing materials" means glazing
materials so constructed, treated, or combined with other
materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(3) The director of licensing shall not register any motor
vehicle which is subject to the provisions of this section
unless it is equipped with an approved type of safety glazing
material, and he or she shall suspend the registration of any
motor vehicle so subject to this section which the director
finds is not so equipped until it is made to conform to the
requirements of this section.
(4) No person may sell or offer for sale, nor may any person operate a motor vehicle registered in this state which is
equipped with, any camper manufactured after May 23, 1969,
unless such camper is equipped with safety glazing material
of a type conforming to rules adopted by the state patrol
wherever glazing materials are used in outside windows and
doors.
(5) No film sunscreening or coloring material that
reduces light transmittance to any degree may be applied to
the surface of the safety glazing material in a motor vehicle
unless it meets the following standards for such material:
(a) The maximum level of film sunscreening material to
be applied to any window, except the windshield, shall have
a total reflectance of thirty-five percent or less, plus or minus
three percent, and a light transmission of thirty-five percent
or more, plus or minus three percent, when measured against
clear glass resulting in a minimum of twenty-four percent
light transmission on AS-2 glazing where the vehicle is
equipped with outside rearview mirrors on both the right and
left. Installation of more than a single sheet of film sunscreening material to any window is prohibited. The same
maximum levels of film sunscreen material may be applied to
windows to the immediate right and left of the driver on limousines and passenger buses used to transport persons for
compensation and vehicles identified by the manufacturer as
multi-use, multipurpose, or other similar designation. All
windows to the rear of the driver on such vehicles may have
film sunscreening material applied that has less than thirty46.37.430
(2008 Ed.)
Vehicle Lighting and Other Equipment
five percent light transmittance, if the light reflectance is
thirty-five percent or less and the vehicle is equipped with
outside rearview mirrors on both the right and left. A person
or business tinting windows for profit who tints windows
within restricted areas of the glazing system shall supply a
sticker to be affixed to the driver’s door post, in the area adjacent to the manufacturer’s identification tag. Installation of
this sticker certifies that the glazing application meets this
chapter’s standards for light transmission, reflectance, and
placement requirements. Stickers must be no smaller than
three-quarters of an inch by one and one-half inches, and no
larger than two inches by two and one-half inches. The stickers must be of sufficient quality to endure exposure to harsh
climate conditions. The business name and state tax identification number of the installer must be clearly visible on the
sticker.
(b) A greater degree of light reduction is permitted on all
windows and the top six inches of windshields of a vehicle
operated by or carrying as a passenger a person who possesses a written verification from a licensed physician that
the operator or passenger must be protected from exposure to
sunlight for physical or medical reasons.
(c) Windshield application. A greater degree of light
reduction is permitted on the top six-inch area of a vehicle’s
windshield. Clear film sunscreening material that reduces or
eliminates ultraviolet light may be applied to windshields.
(d) When film sunscreening material is applied to any
window except the windshield, outside mirrors on both the
left and right sides shall be located so as to reflect to the
driver a view of the roadway, through each mirror, a distance
of at least two hundred feet to the rear of the vehicle.
(e) The following types of film sunscreening material are
not permitted:
(i) Mirror finish products;
(ii) Red, gold, yellow, or black material; or
(iii) Film sunscreening material that is in liquid preapplication form and brushed or sprayed on.
Nothing in this section prohibits the use of shaded or
heat-absorbing safety glazing material in which the shading
or heat-absorbing characteristics have been applied at the
time of manufacture of the safety glazing material and which
meet federal standards and the standards of the state patrol for
such safety glazing materials.
(6) It is a traffic infraction for any person to operate a
vehicle for use on the public highways of this state, if the
vehicle is equipped with film sunscreening or coloring material in violation of this section.
(7) Owners of vehicles with film sunscreening material
applied to windows to the rear of the driver, prior to June 7,
1990, must comply with the requirements of this section and
RCW 46.37.435 by July 1, 1993.
(8) The side and rear windows of law enforcement vehicles are exempt from the requirements of subsection (5) of
this section. However, when law enforcement vehicles are
sold to private individuals the film sunscreening or coloring
material must comply with the requirements of subsection (5)
of this section or documentation must be provided to the
buyer stating that the vehicle windows must comply with the
requirements of subsection (5) of this section before operation of the vehicle. [2007 c 168 § 1; 1993 c 384 § 1; 1990 c
95 § 1; 1989 c 210 § 1; 1987 c 330 § 723; 1986 c 113 § 5;
(2008 Ed.)
46.37.440
1985 c 304 § 1; 1979 c 158 § 157; 1969 ex.s. c 281 § 47; 1961
c 12 § 46.37.430. Prior: 1955 c 269 § 43; prior: 1947 c 220
§ 1; 1937 c 189 § 40; Rem. Supp. 1947 § 6360-40; RCW
46.36.090.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.435
46.37.435 Sunscreening, unlawful installation, penalty. From June 7, 1990, a person who installs safety glazing
or film sunscreening material in violation of RCW 46.37.430
is guilty of unlawful installation of safety glazing or film sunscreening materials. Unlawful installation is a misdemeanor.
[1990 c 95 § 2.]
46.37.440
46.37.440 Flares or other warning devices required
on certain vehicles. (1) No person may operate any motor
truck, passenger bus, truck tractor, motor home, or travel
trailer over eighty inches in overall width upon any highway
outside the corporate limits of municipalities at any time
unless there is carried in such vehicle the following equipment except as provided in subsection (2) of this section:
(a) At least three flares or three red electric lanterns or
three portable red emergency reflectors, each of which shall
be capable of being seen and distinguished at a distance of
not less than six hundred feet under normal atmospheric conditions at nighttime.
No flare, fusee, electric lantern, or cloth warning flag
may be used for the purpose of compliance with this section
unless such equipment is of a type which has been submitted
to the state patrol and conforms to rules adopted by it. No
portable reflector unit may be used for the purpose of compliance with the requirements of this section unless it is so
designed and constructed as to be capable of reflecting red
light clearly visible from all distances within six hundred feet
to one hundred feet under normal atmospheric conditions at
night when directly in front of lawful upper beams of head
lamps, and unless it is of a type which has been submitted to
the state patrol and conforms to rules adopted by it;
(b) At least three red-burning fusees unless red electric
lanterns or red portable emergency reflectors are carried;
(c) At least two red-cloth flags, not less than twelve
inches square, with standards to support such flags.
(2) No person may operate at the time and under conditions stated in subsection (1) of this section any motor vehicle
used for the transportation of explosives, any cargo tank truck
used for the transportation of flammable liquids or compressed gases or liquefied gases, or any motor vehicle using
compressed gas as a fuel unless there is carried in such vehicle three red electric lanterns or three portable red emergency
reflectors meeting the requirements of subsection (1) of this
section, and there shall not be carried in any said vehicle any
flares, fusees, or signal produced by flame. [1987 c 330 §
724; 1986 c 113 § 6; 1977 ex.s. c 355 § 38; 1971 ex.s. c 97 §
1; 1961 c 12 § 46.37.440. Prior: 1955 c 269 § 44; prior: 1947
c 267 § 7, part; Rem. Supp. 1947 § 6360-32a, part; RCW
46.40.210, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
[Title 46 RCW—page 177]
46.37.450
Title 46 RCW: Motor Vehicles
46.37.450 Disabled vehicle—Display of warning
devices. (1) Whenever any motor truck, passenger bus, truck
tractor over eighty inches in overall width, trailer, semitrailer,
or pole trailer is disabled upon the traveled portion of any
highway or the shoulder thereof outside any municipality at
any time when lighted lamps are required on vehicles, the
driver of such vehicle shall display the following warning
devices upon the highway during the time the vehicle is so
disabled on the highway except as provided in subsection (2)
of this section:
(a) A lighted fusee, a lighted red electric lantern, or a
portable red emergency reflector shall be immediately placed
at the traffic side of the vehicle in the direction of the nearest
approaching traffic.
(b) As soon thereafter as possible but in any event within
the burning period of the fusee (fifteen minutes), the driver
shall place three liquid-burning flares (pot torches), three
lighted red electric lanterns, or three portable red emergency
reflectors on the traveled portion of the highway in the following order:
(i) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane.
(ii) One, approximately one hundred feet in the opposite
direction from the disabled vehicle and in the center of the
traffic lane occupied by such vehicle.
(iii) One at the traffic side of the disabled vehicle not less
than ten feet rearward or forward thereof in the direction of
the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at
the traffic side of the vehicle in accordance with subdivision
(a) of this subsection, it may be used for this purpose.
(2) Whenever any vehicle referred to in this section is
disabled within five hundred feet of a curve, hillcrest, or other
obstruction to view, the warning signal in that direction shall
be so placed as to afford ample warning to other users of the
highway, but in no case less than five hundred feet from the
disabled vehicle.
(3) Whenever any vehicle of a type referred to in this
section is disabled upon any roadway of a divided highway
during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) of this section shall be placed as follows:
One at a distance of approximately two hundred feet
from the vehicle in the center of the lane occupied by the
stopped vehicle and in the direction of traffic approaching in
that lane; one at a distance of approximately one hundred feet
from the vehicle, in the center of the lane occupied by the
vehicle and in the direction of traffic approaching in that lane;
and one at the traffic side of the vehicle and approximately
ten feet from the vehicle in the direction of the nearest
approaching traffic.
(4) Whenever any vehicle of a type referred to in this
section is disabled upon the traveled portion of a highway or
the shoulder thereof outside any municipality at any time
when the display of fusees, flares, red electric lanterns, or
portable red emergency reflectors is not required, the driver
of the vehicle shall display two red flags upon the roadway in
the lane of traffic occupied by the disabled vehicle, one at a
distance of approximately one hundred feet in advance of the
46.37.450
[Title 46 RCW—page 178]
vehicle, and one at a distance of approximately one hundred
feet to the rear of the vehicle.
(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable
gas, or any motor vehicle using compressed gas as a fuel, is
disabled upon a highway of this state at any time or place
mentioned in subsection (1) of this section, the driver of such
vehicle shall immediately display the following warning
devices: One red electric lantern or portable red emergency
reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors,
one placed approximately one hundred feet to the front and
one placed approximately one hundred feet to the rear of this
disabled vehicle in the center of the traffic lane occupied by
such vehicle. Flares, fusees, or signals produced by flame
shall not be used as warning devices for disabled vehicles of
the type mentioned in this subsection.
(6) Whenever any vehicle, other than those described in
subsection (1) of this section, is disabled upon the traveled
portion of any highway or shoulder thereof outside any
municipality, the state patrol or the county sheriff shall, upon
discovery of the disabled vehicle, place a reflectorized warning device on the vehicle. The warning device and its placement shall be in accordance with rules adopted by the state
patrol. Neither the standards for, placement or use of, nor the
lack of placement or use of a warning device under this subsection gives rise to any civil liability on the part of the state
of Washington, the state patrol, any county, or any law
enforcement agency or officer.
(7) The flares, fusees, red electric lanterns, portable red
emergency reflectors, and flags to be displayed as required in
this section shall conform with the requirements of RCW
46.37.440 applicable thereto. [1987 c 330 § 725; 1987 c 226
§ 1; 1984 c 119 § 1; 1961 c 12 § 46.37.450. Prior: 1955 c 269
§ 45; prior: 1947 c 267 § 7, part; Rem. Supp. 1947 § 636032a, part; RCW 46.40.210, part.]
Reviser’s note: This section was amended by 1987 c 226 § 1 and by
1987 c 330 § 725, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.465 Fuel system. (1) The fuel system shall be
manufactured, installed, and maintained with due regard for
the safety of the occupants of the vehicle and the public. Fuel
tanks shall be equipped with approved caps.
(2) There shall be no signs of leakage from the carburetor or the fuel pump or the fuel hoses in the engine compartment or between the fuel tank and the engine compartment.
(3) No person shall operate any motor vehicle upon the
public highways of this state unless the fuel tank is securely
attached and so located that another vehicle would not be
exposed to direct contact with the fuel tank in the event of a
rear end collision. [1977 ex.s. c 355 § 39.]
46.37.465
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.467 Alternative fuel source—Placard required.
(1) Every automobile, truck, motorcycle, motor home, or offroad vehicle that is fueled by an alternative fuel source shall
46.37.467
(2008 Ed.)
Vehicle Lighting and Other Equipment
bear a reflective placard issued by the national fire protection
association indicating that the vehicle is so fueled. Violation
of this subsection is a traffic infraction.
(2) As used in this section "alternative fuel source"
includes propane, compressed natural gas, liquid petroleum
gas, or any chemically similar gas but does not include gasoline or diesel fuel.
(3) If a placard for a specific alternative fuel source has
not been issued by the national fire protection association, a
placard issued by the chief of the Washington state patrol,
through the director of fire protection, shall be required. The
chief of the Washington state patrol, through the director of
fire protection, shall develop rules for the design, size, and
placement of the placard which shall remain effective until a
specific placard is issued by the national fire protection association. [1995 c 369 § 23; 1986 c 266 § 88; 1984 c 145 § 1;
1983 c 237 § 2.]
46.37.500
(2) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio
broadcast or playing a sound recording for the purpose of
transmitting a sound to the human auditory senses and which
headset or earphones muffle or exclude other sounds. This
subsection does not apply to students and instructors participating in a Washington state motorcycle safety program.
(3) This section does not apply to authorized emergency
vehicles, motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington state patrol,
or motorists using hands-free, wireless communications systems, as approved by the equipment section of the Washington state patrol. [1996 c 34 § 1; 1991 c 95 § 1; 1988 c 227 §
6; 1987 c 176 § 1; 1977 ex.s. c 355 § 40; 1961 c 12 §
46.37.480. Prior: 1949 c 196 § 11; Rem. Supp. 1949 §
6360-98d. Formerly RCW 46.36.150.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1988 c 227: See RCW 46.81A.900.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Legislative finding—1983 c 237: "The legislature finds that vehicles
using alternative fuel sources such as propane, compressed natural gas, liquid petroleum gas, or other hydrocarbon gas fuels require firefighters to use
a different technique if the vehicles catch fire. A reflective placard on such
vehicles would warn firefighters of the danger so they could react properly."
[1983 c 237 § 1.]
46.37.470 Air-conditioning equipment. (1) The term
"air-conditioning equipment" as used or referred to in this
section shall mean mechanical vapor compression refrigeration equipment which is used to cool the driver’s or passenger
compartment of any motor vehicle.
(2) Such equipment shall be manufactured, installed and
maintained with due regard for the safety of the occupants of
the vehicle and the public and shall not contain any refrigerant which is toxic to persons or which is flammable.
(3) The state patrol may adopt and enforce safety
requirements, regulations and specifications consistent with
the requirements of this section applicable to such equipment
which shall correlate with and, so far as possible, conform to
the current recommended practice or standard applicable to
such equipment approved by the society of automotive engineers.
(4) No person shall have for sale, offer for sale, sell or
equip any motor vehicle with any such equipment unless it
complies with the requirements of this section.
(5) No person shall operate on any highway any motor
vehicle equipped with any air-conditioning equipment unless
said equipment complies with the requirements of this section. [1987 c 330 § 726; 1961 c 12 § 46.37.470. Prior: 1955
c 269 § 47.]
46.37.470
46.37.490 Safety load chains and devices required. It
shall be unlawful to operate any vehicle upon the public highways of this state without having the load thereon securely
fastened and protected by safety chains or other device. The
chief of the Washington state patrol is hereby authorized to
adopt and enforce reasonable rules and regulations as to what
shall constitute adequate and safe chains or other devices for
the fastening and protection of loads upon vehicles. [1987 c
330 § 727; 1961 c 12 § 46.37.490. Prior: 1937 c 189 § 43;
RRS § 6360-43; 1927 c 309 § 18; RRS § 6362-18. Formerly
RCW 46.36.110.]
46.37.490
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.495 Safety chains for towing. (1) "Safety
chains" means flexible tension members connected from the
front portion of the towed vehicle to the rear portion of the
towing vehicle for the purpose of retaining connection
between towed and towing vehicle in the event of failure of
the connection provided by the primary connecting system,
as prescribed by rule of the Washington state patrol.
(2) The term "safety chains" includes chains, cables, or
wire ropes, or an equivalent flexible member meeting the
strength requirements prescribed by rule of the Washington
state patrol.
(3) A tow truck towing a vehicle and a vehicle towing a
trailer must use safety chains. Failure to comply with this section is a class 1 civil infraction punishable under RCW
7.80.120. [1995 c 360 § 1.]
46.37.495
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Tow trucks: Chapter 46.55 RCW.
46.37.480 Television viewers—Earphones. (1) No
person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a
television broadcast which is located in the motor vehicle at
any point forward of the back of the driver’s seat, or which is
visible to the driver while operating the motor vehicle. This
subsection does not apply to law enforcement vehicles communicating with mobile computer networks.
46.37.500 Fenders or splash aprons. (1) Except as
authorized under subsection (2) of this section, no person
may operate any motor vehicle, trailer, or semitrailer that is
not equipped with fenders, covers, flaps, or splash aprons
adequate for minimizing the spray or splash of water or mud
from the roadway to the rear of the vehicle. All such devices
shall be as wide as the tires behind which they are mounted
and extend downward at least to the center of the axle.
46.37.480
(2008 Ed.)
46.37.500
[Title 46 RCW—page 179]
46.37.505
Title 46 RCW: Motor Vehicles
(2) A motor vehicle that is not less than forty years old or
a street rod vehicle that is owned and operated primarily as a
collector’s item need not be equipped with fenders when the
vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads. [1999 c 58 § 2; 1988 c 15 § 2;
1977 ex.s. c 355 § 41; 1961 c 12 § 46.37.500. Prior: 1947 c
200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947 § 636044, part. Formerly RCW 46.36.130 (second paragraph).]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.505 Child passenger restraint systems. The
state patrol shall adopt standards for the performance, design,
and installation of passenger restraint systems for children
less than five years old and shall approve those systems
which meet its standards. [1987 c 330 § 728; 1983 c 215 § 1.]
46.37.505
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Safety belts, use required: RCW 46.61.688.
46.37.513 Bumpers. When any motor vehicle was originally equipped with bumpers or any other collision energy
absorption or attenuation system, that system shall be maintained in good operational condition, and no person shall
remove or disconnect, and no owner shall cause or knowingly
permit the removal or disconnection of, any part of that system except temporarily in order to make repairs, replacements, or adjustments. [1977 ex.s. c 355 § 43.]
46.37.513
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.517 Body and body hardware. (1) The body,
fenders, and bumpers shall be maintained without protrusions
which could be hazardous to pedestrians. In addition, the
bumpers shall be so attached and maintained so as to not protrude beyond the original bumper line.
(2) The hood, hood latches, hood fastenings, doors, and
door latches shall be maintained in a condition sufficient to
ensure proper working equal to that at the time of original
vehicle manufacture. [1977 ex.s. c 355 § 44.]
46.37.517
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 215: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 215 § 3.]
Child passenger restraint required: RCW 46.61.687.
46.37.510 Seat belts and shoulder harnesses. (1) No
person may sell any automobile manufactured or assembled
after January 1, 1964, nor may any owner cause such vehicle
to be registered thereafter under the provisions of chapter
46.12 RCW unless such motor car or automobile is equipped
with automobile seat belts installed for use on the front seats
thereof which are of a type and installed in a manner conforming to rules adopted by the state patrol. Where registration is for transfer from an out-of-state license, the applicant
shall be informed of this section by the issuing agent and has
thirty days to comply. The state patrol shall adopt and enforce
standards as to what constitutes adequate and safe seat belts
and for the fastening and installation of them. Such standards
shall not be below those specified as minimum requirements
by the Society of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled after
January 1, 1965, shall be equipped with at least two lap-type
safety belt assemblies for use in the front seating positions.
(3) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with a lap-type safety belt
assembly for each permanent passenger seating position.
This requirement shall not apply to police vehicles.
(4) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with at least two shoulder
harness-type safety belt assemblies for use in the front seating positions.
(5) The state patrol shall excuse specified types of motor
vehicles or seating positions within any motor vehicle from
the requirements imposed by subsections (1), (2), and (3) of
this section when compliance would be impractical.
(6) No person may distribute, have for sale, offer for
sale, or sell any safety belt or shoulder harness for use in
motor vehicles unless it meets current minimum standards
and specifications conforming to rules adopted by the state
patrol or the United States department of transportation.
[1987 c 330 § 729; 1986 c 113 § 7; 1977 ex.s. c 355 § 42;
1963 c 117 § 1.]
46.37.510
[Title 46 RCW—page 180]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.518 Street rods and kit vehicles. Notwithstanding the requirements of this chapter, hoods and bumpers are
optional equipment on street rods and kit vehicles. Street rods
and kit vehicles must comply with fender requirements under
RCW 46.37.500(2) and the windshield requirement of RCW
46.37.410(1). [1996 c 225 § 12.]
46.37.518
Finding—1996 c 225: See note following RCW 46.04.125.
46.37.520 Beach vehicles with soft tires—"Dune buggies"—Inspection and approval required—Fee. It shall
be unlawful for any person to lease for hire or permit the use
of any vehicle with soft tires commonly used upon the beach
and referred to as a dune buggy unless such vehicle has been
inspected by and approved by the state patrol, which may
charge a reasonable fee therefor to go into the motor vehicle
fund. [1987 c 330 § 730; 1971 ex.s. c 91 § 4; 1965 ex.s. c 170
§ 61.]
46.37.520
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.522 Motorcycles and motor-driven cycles—
When head lamps and tail lamps to be lighted. Every
motorcycle and motor-driven cycle shall have its head lamps
and tail lamps lighted whenever such vehicle is in motion
upon a highway. [1977 ex.s. c 355 § 45.]
46.37.522
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.523 Motorcycles and motor-driven cycles—
Head lamps. (1) Every motorcycle and every motor-driven
cycle shall be equipped with at least one lamp which shall
comply with the requirements and limitations of this section.
46.37.523
(2008 Ed.)
Vehicle Lighting and Other Equipment
(2) Every head lamp upon every motorcycle and motordriven cycle shall be located at a height of not more than
fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2).
(3) Every motorcycle other than a motor-driven cycle
shall be equipped with multiple-beam road-lighting equipment.
(4) Such equipment shall:
(a) Reveal persons and vehicles at a distance of at least
three hundred feet ahead when the uppermost distribution of
light is selected;
(b) Reveal persons and vehicles at a distance of at least
one hundred fifty feet ahead when the lowermost distribution
of light is selected, and on a straight, level road under any
condition of loading none of the high intensity portion of the
beam shall be directed to strike the eyes of an approaching
driver. [1977 ex.s. c 355 § 46.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.524 Motor-driven cycles—Head lamps. The
head lamp or head lamps upon every motor-driven cycle may
be of the single-beam or multiple-beam type but in either
event shall comply with the requirements and limitations as
follows:
(1) Every such head lamp or head lamps on a motordriven cycle shall be of a sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet
when the motor-driven cycle is operated at any speed less
than twenty-five miles per hour and at a distance of not less
than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five or more miles per hour, and at
a distance of not less than three hundred feet when the motordriven cycle is operated at a speed of thirty-five or more
miles per hour;
(2) In the event the motor-driven cycle is equipped with
a multiple-beam head lamp or head lamps the upper beam
shall meet the minimum requirements set forth above and
shall not ex ceed the lim itatio ns set forth in RCW
46.37.220(1), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set
forth in RCW 46.37.220;
(3) In the event the motor-driven cycle is equipped with
a single-beam lamp or lamps, such lamp or lamps shall be so
aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead,
shall project higher than the level of the center of the lamp
from which it comes. [1977 ex.s. c 355 § 47.]
46.37.524
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.525 Motorcycles and motor-driven cycles—
Tail lamps, reflectors, and stop lamps. (1) Every motorcycle and motor-driven cycle shall have at least one tail lamp
which shall be located at a height of not more than seventytwo nor less than fifteen inches.
(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance
of fifty feet to the rear. Any tail lamp or tail lamps, together
46.37.525
(2008 Ed.)
46.37.528
with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the
head lamps or auxiliary driving lamps are lighted.
(3) Every motorcycle and motor-driven cycle shall carry
on the rear, either as part of the tail lamp or separately, at least
one red reflector meeting the requirements of RCW
46.37.060.
(4) Every motorcycle and motor-driven cycle shall be
equipped with at least one stop lamp meeting the requirements of RCW 46.37.070. [1977 ex.s. c 355 § 48.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.527 Motorcycles and motor-driven cycles—
Brake requirements. Every motorcycle and motor-driven
cycle must comply with the provisions of RCW 46.37.351,
except that:
(1) Motorcycles and motor-driven cycles need not be
equipped with parking brakes;
(2) The wheel of a sidecar attached to a motorcycle or to
a motor-driven cycle, and the front wheel of a motor-driven
cycle need not be equipped with brakes, if such motorcycle or
motor-driven cycle is otherwise capable of complying with
the braking performance requirements of RCW 46.37.528
and 46.37.529;
(3) Motorcycles shall be equipped with brakes operating
on both the front and rear wheels unless the vehicle was originally manufactured without both front and rear brakes:
PROVIDED, That a front brake shall not be required on any
motorcycle over twenty-five years old which was originally
manufactured without a front brake and which has been
restored to its original condition and is being ridden to or
from or otherwise in conjunction with an antique or classic
motorcycle contest, show or other such assemblage: PROVIDED FURTHER, That no front brake shall be required on
any motorcycle manufactured prior to January 1, 1931.
[1982 c 77 § 6; 1977 ex.s. c 355 § 49.]
46.37.527
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.528 Motorcycles and motor-driven cycles—
Performance ability of brakes. Every motorcycle and
motor-driven cycle, at all times and under all conditions of
loading, upon application of the service brake, shall be capable of:
(1) Developing a braking force that is not less than fortythree and one-half percent of its gross weight;
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than fourteen feet per second per
second; and
(3) Stopping from a speed of twenty miles per hour in not
more than thirty feet, such distance to be measured from the
point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free from
loose material. [1977 ex.s. c 355 § 50.]
46.37.528
Rules of court: Monetary penalty schedule—IRLJ 6.2.
[Title 46 RCW—page 181]
46.37.529
Title 46 RCW: Motor Vehicles
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.529 Motor-driven cycles—Braking system
inspection. (1) The state patrol is authorized to require an
inspection of the braking system on any motor-driven cycle
and to disapprove any such braking system on a vehicle
which it finds will not comply with the performance ability
standard set forth in RCW 46.37.351, or which in its opinion
is equipped with a braking system that is not so designed or
constructed as to ensure reasonable and reliable performance
in actual use.
(2) The director of licensing may refuse to register or
may suspend or revoke the registration of any vehicle
referred to in this section when the state patrol determines
that the braking system thereon does not comply with the provisions of this section.
(3) No person shall operate on any highway any vehicle
referred to in this section in the event the state patrol has disapproved the braking system upon such vehicle. [1987 c 330
§ 731; 1979 c 158 § 158; 1977 ex.s. c 355 § 51.]
46.37.529
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.530 Motorcycles, motor-driven cycles, mopeds,
electric-assisted bicycles—Helmets, other equipment—
Children—Rules. (1) It is unlawful:
(a) For any person to operate a motorcycle or motordriven cycle not equipped with mirrors on the left and right
sides of the motorcycle which shall be so located as to give
the driver a complete view of the highway for a distance of at
least two hundred feet to the rear of the motorcycle or motordriven cycle: PROVIDED, That mirrors shall not be required
on any motorcycle or motor-driven cycle over twenty-five
years old originally manufactured without mirrors and which
has been restored to its original condition and which is being
ridden to or from or otherwise in conjunction with an antique
or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required
on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motordriven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to
rules adopted by the state patrol;
(c) For any person to operate or ride upon a motorcycle,
motor-driven cycle, or moped on a state highway, county
road, or city street unless wearing upon his or her head a
motorcycle helmet except when the vehicle is an antique
motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll
bars approved by the state patrol. The motorcycle helmet
neck or chin strap must be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating
electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;
(d) For any person to transport a child under the age of
five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle
helmet that does not meet the requirements established by
this section.
46.37.530
[Title 46 RCW—page 182]
(2) The state patrol may adopt and amend rules, pursuant
to the Administrative Procedure Act, concerning standards
for glasses, goggles, and face shields.
(3) For purposes of this section, "motorcycle helmet"
means a protective covering for the head consisting of a hard
outer shell, padding adjacent to and inside the outer shell, and
a neck or chin strap type retention system, with a sticker indicating that the motorcycle helmet meets standards established
by the United States Department of Transportation. [2003 c
197 § 1; 1997 c 328 § 4; 1990 c 270 § 7. Prior: 1987 c 454 §
1; 1987 c 330 § 732; 1986 c 113 § 8; 1982 c 77 § 7; 1977 ex.s.
c 355 § 55; 1971 ex.s. c 150 § 1; 1969 c 42 § 1; 1967 c 232 §
4.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.61.610.
46.37.535 Motorcycles, motor-driven cycles, or
mopeds—Helmet requirements when rented. It is unlawful for any person to rent out motorcycles, motor-driven
cycles, or mopeds unless the person also has on hand for rent
helmets of a type conforming to rules adopted by the state
patrol.
It shall be unlawful for any person to rent a motorcycle,
motor-driven cycle, or moped unless the person has in his or
her possession a helmet of a type approved by the state patrol,
regardless of from whom the helmet is obtained. [1990 c 270
§ 8; 1987 c 330 § 733; 1986 c 113 § 9; 1977 ex.s. c 355 § 56;
1967 c 232 § 10.]
46.37.535
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
License requirement for person renting motorcycle: RCW 46.20.220.
46.37.537 Motorcycles—Exhaust system. No person
shall modify the exhaust system of a motorcycle in a manner
which will amplify or increase the noise emitted by the
engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any
person to operate a motorcycle not equipped as required by
this section, or which has been amplified as prohibited by this
section. [1977 ex.s. c 355 § 52.]
46.37.537
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.539 Motorcycles and motor-driven cycles—
Additional requirements and limitations. Every motorcycle and every motor-driven cycle shall also comply with the
requirements and limitations of:
RCW 46.37.380 on horns and warning devices;
RCW 46.37.390 on mufflers and prevention of noise;
RCW 46.37.400 on mirrors; and
RCW 46.37.420 on tires. [1977 ex.s. c 355 § 53.]
46.37.539
(2008 Ed.)
Vehicle Lighting and Other Equipment
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.540 Odometers—Disconnecting, resetting, or
turning back prohibited. (1) The legislature intends to
make it illegal for persons to turn forward the odometer on a
new car to avoid compliance with the emissions standards
required by chapter 295, Laws of 2005.
(2) It shall be unlawful for any person to disconnect, turn
back, turn forward, or reset the odometer of any motor vehicle with the intent to change the number of miles indicated on
the odometer gauge. A violation of this subsection is a gross
misdemeanor. [2005 c 295 § 8; 1983 c 3 § 119; 1969 c 112 §
2.]
46.37.540
46.37.650
46.37.600 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be
unlawful in chapter 46.37 RCW, if the operator of the vehicle
is not the owner or lessee of such vehicle, but is so operating
or moving the vehicle with the express or implied permission
of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the
primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 4; 1969 ex.s. c 69 § 3.]
46.37.600
46.37.610 Wheelchair conveyance standards. The
state patrol shall adopt rules for wheelchair conveyance
safety standards. Operation of a wheelchair conveyance that
is in violation of these standards is a traffic infraction. [1987
c 330 § 734; 1983 c 200 § 4.]
46.37.610
Findings—2005 c 295: See note following RCW 70.120A.010.
Motor vehicle dealers, unlawful acts and practices: RCW 46.70.180.
46.37.550 Odometers—Selling motor vehicle knowing odometer turned back unlawful. It shall be unlawful
for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle
has been turned back and if such person fails to notify the
buyer, prior to the time of sale, that the odometer has been
turned back or that he had reason to believe that the odometer
has been turned back. [1969 c 112 § 3.]
46.37.550
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
46.37.560 Odometers—Selling motor vehicle knowing odometer replaced unlawful. It shall be unlawful for
any person to sell a motor vehicle in this state if such person
has knowledge that the odometer on such motor vehicle has
been replaced with another odometer and if such person fails
to notify the buyer, prior to the time of sale, that the odometer
has been replaced or that he believes the odometer to have
been replaced. [1969 c 112 § 4.]
46.37.620 School buses—Crossing arms. Effective
September 1, 1992, every school bus shall, in addition to any
other equipment required by this chapter, be equipped with a
crossing arm mounted to the bus that, when extended, will
require students who are crossing in front of the bus to walk
more than five feet from the front of the bus. [1991 c 166 §
1.]
46.37.570 Odometers—Selling, advertising, using, or
installing device registering false mileage. It shall be
unlawful for any person to advertise for sale, to sell, to use, or
to install on any part of a motor vehicle or on an odometer in
a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the
purposes of this section the true mileage driven is that driven
by the car as registered by the odometer within the manufacturer’s designed tolerance. [1969 c 112 § 5.]
46.37.630 Private school buses. A private school bus
is subject to the requirements set forth in the National Standards for School Buses established by the national safety
council in effect at the time of the bus manufacture, as
adopted by rule by reference by the chief of the Washington
state patrol. A private school bus manufactured before 1980
must meet the minimum standards set forth in the 1980 edition of the National Standards for School Buses. [1995 c 141
§ 3.]
46.37.590 Odometers—Purchaser plaintiff to
recover costs and attorney’s fee, when. In any suit brought
by the purchaser of a motor vehicle against the seller of such
vehicle, the purchaser shall be entitled to recover his court
costs and a reasonable attorney’s fee fixed by the court, if:
(1) The suit or claim is based substantially upon the purchaser’s allegation that the odometer on such vehicle has
been tampered with contrary to RCW 46.37.540 and
46.37.550 or replaced contrary to RCW 46.37.560; and (2) it
is found in such suit that the seller of such vehicle or any of
his employees or agents knew or had reason to know that the
odometer on such vehicle had been so tampered with or
replaced and failed to disclose such knowledge to the purchaser prior to the time of sale. [1975 c 24 § 1; 1969 c 112 §
7.]
46.37.640 Air bags—Definitions. (1) "Air bag" means
an inflatable restraint system or portion of an inflatable
restraint system installed in a motor vehicle.
(2) "Previously deployed air bag" means an inflatable
restraint system or portion of the system that has been activated or inflated as a result of a collision or other incident
involving the vehicle.
(3) "Nondeployed salvage air bag" means an inflatable
restraint system that has not been previously activated or
inflated as a result of a collision or other incident involving
the vehicle. [2003 c 33 § 1.]
46.37.560
46.37.570
46.37.590
(2008 Ed.)
46.37.620
46.37.630
46.37.640
46.37.650 Air bags—Installation of previously
deployed—Penalty. (1) A person is guilty of a gross misdemeanor if he or she knew or reasonably should have known
46.37.650
[Title 46 RCW—page 183]
46.37.660
Title 46 RCW: Motor Vehicles
that an air bag he or she installs or reinstalls in a vehicle for
compensation, or distributes as an auto part, is a previously
deployed air bag that is part of an inflatable restraint system.
(2) A person found guilty under subsection (1) of this
section shall be punished by a fine of not more than five thousand dollars or by confinement in the county jail for not more
than one year, or both. [2003 c 33 § 2.]
46.37.660 Air bags—Replacement requirements.
Whenever an air bag that is part of a previously deployed
inflatable restraint system is replaced by either a new air bag
that is part of an inflatable restraint system or a nondeployed
salvage air bag that is part of an inflatable restraint system,
the air bag must conform to the original equipment manufacturer requirements and the installer must verify that the selfdiagnostic system for the inflatable restraint system indicates
that the entire inflatable restraint system is operating properly. [2003 c 33 § 3.]
46.37.660
46.37.670 Signal preemption devices—Prohibited—
Exceptions. (1) Signal preemption devices shall not be
installed or used on or with any vehicle other than an emergency vehicle authorized by the state patrol, a publicly owned
law enforcement or emergency vehicle, a department of
transportation, city, or county maintenance vehicle, or a public transit vehicle.
(2) This section does not apply to any of the following:
(a) A law enforcement agency and law enforcement personnel in the course of providing law enforcement services;
(b) A fire station or a firefighter in the course of providing fire prevention or fire extinguishing services;
(c) An emergency medical service or ambulance in the
course of providing emergency medical transportation or
ambulance services;
(d) An operator, passenger, or owner of an authorized
emergency vehicle in the course of his or her emergency
duties;
(e) Department of transportation, city, or county maintenance personnel while performing maintenance;
(f) Public transit personnel in the performance of their
duties. However, public transit personnel operating a signal
preemption device shall have second degree priority to law
enforcement personnel, firefighters, emergency medical personnel, and other authorized emergency vehicle personnel,
when simultaneously approaching the same traffic control
signal;
(g) A mail or package delivery service or employee or
agent of a mail or package delivery service in the course of
shipping or delivering a signal preemption device;
(h) An employee or agent of a signal preemption device
manufacturer or retailer in the course of his or her employment in providing, selling, manufacturing, or transporting a
signal preemption device to an individual or agency
described in this subsection. [2005 c 183 § 2.]
(2) A person who violates this section is guilty of a misdemeanor. [2005 c 183 § 3.]
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.672 Signal preemption device—Use, sale, purchase—Penalty. (1) It is unlawful to:
(a) Use a signal preemption device except as authorized
in RCW 46.37.670;
(b) Sell a signal preemption device to a person other than
a person described in RCW 46.37.670; or
(c) Purchase a signal preemption device for use other
than a duty as described in RCW 46.37.670.
(2) A person who violates this section is guilty of a gross
misdemeanor. [2005 c 183 § 4.]
46.37.672
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.670
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.671 Signal preemption device—Possession—
Penalty. (1) It is unlawful to possess a signal preemption
device except as authorized in RCW 46.37.670.
46.37.671
[Title 46 RCW—page 184]
46.37.673 Signal preemption device—Accident—
Property damage or less than substantial bodily harm—
Penalty. (1) When an accident that results only in injury to
property or injury to a person that does not arise to substantial
bodily harm as defined in RCW 9A.04.110 occurs as a proximate result of the operation of a signal preemption device
which was not authorized in RCW 46.37.670, the driver is
guilty of negligently causing an accident by use of a signal
preemption device.
(2) Negligently causing an accident by use of a signal
preemption device is a class C felony punishable under chapter 9A.20 RCW. [2005 c 183 § 5.]
46.37.673
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.674 Signal preemption device—Accident—
Substantial bodily harm—Penalty. (1) When an accident
that results in injury to a person that arises to substantial
bodily harm as defined in RCW 9A.04.110 occurs as a proximate result of the operation of a signal preemption device
which was not authorized in RCW 46.37.670, the driver is
guilty of negligently causing substantial bodily harm by use
of a signal preemption device.
(2) Negligently causing substantial bodily harm by use
of a signal preemption device is a class B felony punishable
under chapter 9A.20 RCW. [2005 c 183 § 6.]
46.37.674
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.675 Signal preemption device—Accident—
Death—Penalty. (1) When an accident that results in death
to a person occurs as a proximate result of the operation of a
signal preemption device which was not authorized in RCW
46.37.670, the driver is guilty of negligently causing death by
use of a signal preemption device.
(2) Negligently causing death by use of a signal preemption device is a class B felony punishable under chapter
9A.20 RCW. [2005 c 183 § 7.]
46.37.675
(2008 Ed.)
Vehicle Equipment Safety Compact
Reviser’s note: 2005 c 183 directed that this section be added to chapter 46.61 RCW, but codification in chapter 46.37 RCW appears more appropriate.
46.37.680 Sound system attachment. (1) All vehicle
sound system components, including any supplemental
speaker systems or components, must be securely attached to
the vehicle regardless of where the components are located,
so that the components cannot become dislodged or loose
during operation of the vehicle.
(2) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a vehicle has been detained for a suspected
violation of this title or an equivalent local ordinance or some
other offense.
(3) The Washington state traffic safety commission shall
create and implement a statewide educational program
regarding the safety risks of unsecured vehicle sound system
components, including supplemental speaker systems or
components. The educational program shall include information regarding securely attaching sound system components to the vehicle, regardless of where the components are
located, so that the components do not become dislodged or
loose during the operation of the vehicle. The commission
shall create and implement this program within the commission’s existing budget. [2005 c 50 § 1.]
46.37.680
Short title—2005 c 50: "This act shall be known as the Courtney Amisson Act." [2005 c 50 § 2.]
Chapter 46.38 RCW
VEHICLE EQUIPMENT SAFETY COMPACT
Chapter 46.38
Sections
46.38.010
46.38.020
46.38.030
46.38.040
46.38.050
46.38.060
46.38.070
46.38.080
46.38.090
Compact enacted—Provisions.
Legislative findings.
Effective date of rules, etc. of vehicle safety equipment commission.
Appointment of commissioner and alternate commissioner.
Cooperation of state agencies with vehicle equipment safety
commission.
State officers for the filing of documents and receipt of
notices.
Vehicle equipment safety commission to submit budgets to
director of financial management.
State auditor to inspect accounts of vehicle equipment safety
commission.
Withdrawal from compact, "executive head" defined.
46.38.010 Compact enacted—Provisions. The vehicle
equipment safety compact prepared pursuant to resolutions of
the western governors’ conference and the western interstate
committee on highway policy problems of the council of
state governments, is hereby enacted into law and entered
into with all other jurisdictions legally joining therein in the
form substantially as follows:
46.38.010
VEHICLE EQUIPMENT SAFETY COMPACT
ARTICLE I—Findings and Purposes
(a) The party states find that:
(1) Accidents and deaths on their streets and highways
present a very serious human and economic problem with a
major deleterious effect on the public welfare.
(2) There is a vital need for the development of greater
interjurisdictional cooperation to achieve the necessary uni(2008 Ed.)
46.38.010
formity in the laws, rules, regulations and codes relating to
vehicle equipment, and to accomplish this by such means as
will minimize the time between the development of demonstrably and scientifically sound safety features and their
incorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for
equipment.
(2) Secure uniformity of law and administrative practice
in vehicular regulation and related safety standards to permit
incorporation of desirable equipment changes in vehicles in
the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the
foregoing purposes, with due regard for the findings set forth
in subdivision (a) of this Article.
(c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail
of engineering in the manufacture of vehicles or equipment
except to the extent necessary for the meeting of such performance requirements.
ARTICLE II—Definitions
As used in this compact:
(a) "Vehicle" means every device in, upon or by which
any person or property is or may be transported or drawn
upon a highway, excepting devices moved by human power
or used exclusively upon stationary rails or tracks.
(b) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(c) "Equipment" means any part of a vehicle or any
accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.
ARTICLE III—The Commission
(a) There is hereby created an agency of the party states
to be known as the "Vehicle Equipment Safety Commission"
hereinafter called the Commission. The Commission shall be
composed of one commissioner from each party state who
shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his
functions on the Commission, either for the duration of his
membership or for any lesser period of time, by an alternate.
No such alternate shall be entitled to serve unless notification
of his identity and appointment shall have been given to the
Commission in such form as the Commission may require.
Each commissioner, and each alternate, when serving in the
place and stead of a commissioner, shall be entitled to be
reimbursed by the Commission for expenses actually
incurred in attending Commission meetings or while engaged
in the business of the Commission.
(b) The commissioners shall be entitled to one vote each
on the Commission. No action of the Commission shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the Commission are cast in favor
thereof. Action of the Commission shall be only at a meeting
at which a majority of the commissioners, or their alternates,
are present.
[Title 46 RCW—page 185]
46.38.010
Title 46 RCW: Motor Vehicles
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its
members, a chairman, a vice chairman and a treasurer. The
Commission may appoint an Executive Director and fix his
duties and compensation. Such Executive Director shall
serve at the pleasure of the Commission, and together with
the Treasurer shall be bonded in such amount as the Commission shall determine. The Executive Director also shall serve
as secretary. If there be no Executive Director, the Commission shall elect a Secretary in addition to the other officers
provided by this subdivision.
(e) Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the Executive
Director with the approval of the Commission, or the Commission if there be no Executive Director, shall appoint,
remove or discharge such personnel as may be necessary for
the performance of the Commission’s functions, and shall fix
the duties and compensation of such personnel.
(f) The Commission may establish and maintain independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full time employees. Employees of the Commission shall be eligible for social
security coverage in respect of old age and survivor’s insurance provided that the Commission takes such steps as may
be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental
agency or unit. The Commission may establish and maintain
or participate in such additional programs of employee benefits as may be appropriate.
(g) The Commission may borrow, accept or contract for
the services of personnel from any party state, the United
States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the party
states or their subdivisions.
(h) The Commission may accept for any of its purposes
and functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United
States, or any other governmental agency and may receive,
utilize, and dispose of the same.
(i) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real
and personal property and any interest therein.
(j) The Commission shall adopt bylaws for the conduct
of its business and shall have the power to amend and rescind
these bylaws. The Commission shall publish its bylaws in
convenient form and shall file a copy thereof and a copy of
any amendment thereto, with the appropriate agency or
officer in each of the party states. The bylaws shall provide
for appropriate notice to the commissioners of all Commission meetings and hearings and the business to be transacted
at such meetings or hearings. Such notice shall also be given
to such agencies or officers of each party state as the laws of
such party state may provide.
(k) The Commission annually shall make to the governor
and legislature of each party state a report covering the activities of the Commission for the preceding year, and embodying such recommendations as may have been issued by the
Commission. The Commission may make such additional
reports as it may deem desirable.
[Title 46 RCW—page 186]
ARTICLE IV—Research and Testing
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information
resulting or derivable from research and testing activities in
equipment and related fields.
(b) Recommend and encourage the undertaking of
research and testing in any aspect of equipment or related
matters when, in its judgment, appropriate or sufficient
research or testing has not been undertaken.
(c) Contract for such equipment research and testing as
one or more governmental agencies may agree to have contracted for by the Commission, provided that such governmental agency or agencies shall make available the funds
necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative
rules, regulations or codes which would promote effective
governmental action or coordination in the prevention of
equipment-related highway accidents or the mitigation of
equipment-related highway safety problems.
ARTICLE V—Vehicular Equipment
(a) In the interest of vehicular and public safety, the
Commission may study the need for or desirability of the
establishment of or changes in performance requirements or
restrictions for any item of equipment. As a result of such
study, the Commission may publish a report relating to any
item or items of equipment, and the issuance of such a report
shall be a condition precedent to any proceedings or other
action provided or authorized by this Article. No less than
sixty days after the publication of a report containing the
results of such study, the Commission upon due notice shall
hold a hearing or hearings at such place or places as it may
determine.
(b) Following the hearing or hearings provided for in
subdivision (a) of this Article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the Commission may issue
rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the Commission
will be fair and equitable and effectuate the purposes of this
compact.
(c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the
Commission and hereby declares its policy and intent to be
the promotion of uniformity in the laws of the several party
states relating to equipment.
(d) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
Article to the appropriate motor vehicle agency of each party
state and such notice shall contain the complete text of the
rule, regulation or code.
(e) If the constitution of a party state requires, or if its
statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the
taking effect in such party state of any rule, regulation or
code. In such event, the commissioner of such party state
shall submit any Commission rule, regulation or code to the
(2008 Ed.)
Vehicle Equipment Safety Compact
legislature as promptly as may be in lieu of administrative
acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this Article, the appropriate
motor vehicle agency of a party state shall in accordance with
its constitution or procedural laws adopt the rule, regulation
or code within six months of the sending of the notice, and,
upon such adoption, the rule, regulation or code shall have
the force and effect of law therein.
(g) The appropriate motor vehicle agency of a party state
may decline to adopt a rule, regulation or code issued by the
Commission pursuant to this Article if such agency specifically finds, after public hearing on due notice, that a variation
from the Commission’s rule, regulation or code is necessary
to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject
to review by such procedure for review of administrative
determinations as may be applicable pursuant to the laws of
the party state. Upon request, the Commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.
ARTICLE VI—Finance
(a) The Commission shall submit to the executive head
or designated officer or officers of each party state a budget
of its estimated expenditures for such period as may be
required by the laws of that party state for presentation to the
legislature thereof.
(b) Each of the Commission’s budgets of estimated
expenditures shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party
states. The total amount of appropriations under any such
budget shall be apportioned among the party states as follows: one-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party
state. In determining the number of such registrations, the
Commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the Commission’s budgets of estimated expenditures and requests for
appropriations shall indicate the source or sources used in
obtaining information concerning vehicular registrations.
(c) The Commission shall not pledge the credit of any
party state. The Commission may meet any of its obligations
in whole or in part with funds available to it under Article III
(h) of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring any
obligation to be met in whole or in part in such manner.
Except where the Commission makes use of funds available
to it under Article III (h) hereof, the Commission shall not
incur any obligation prior to the allotment of funds by the
party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and accounting procedures established under its rules. However, all
receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant
and the report of the audit shall be included in and become
part of the annual reports of the Commission.
(2008 Ed.)
46.38.010
(e) The accounts of the Commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party states and by any persons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or
inspection of accounts by or on behalf of any government
contributing to the support of the Commission.
ARTICLE VII—Conflict of Interest
(a) The Commission shall adopt rules and regulations
with respect to conflict of interest for the commissioners of
the party states, and their alternates, if any, and for the staff of
the Commission and contractors with the Commission to the
end that no member or employee or contractor shall have a
pecuniary or other incompatible interest in the manufacture,
sale or distribution of motor vehicles or vehicular equipment
or in any facility or enterprise employed by the Commission
or on its behalf for testing, conduct of investigations or
research. In addition to any penalty for violation of such rules
and regulations as may be applicable under the laws of the
violator’s jurisdiction of residence, employment or business,
any violation of a Commission rule or regulation adopted
pursuant to this Article shall require the immediate discharge
of any violating employee and the immediate vacating of
membership, or relinquishing of status as a member on the
Commission by any commissioner or alternate. In the case of
a contractor, any violation of any such rule or regulation shall
make any contract of the violator with the Commission subject to cancellation by the Commission.
(b) Nothing contained in this Article shall be deemed to
prevent a contractor for the Commission from using any
facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to
work of or done on behalf of the Commission; nor to prevent
such a contractor from receiving remuneration or profit from
the use of such facilities.
ARTICLE VIII—Advisory and
Technical Committees
The Commission may establish such advisory and technical committees as it may deem necessary, membership on
which may include private citizens and public officials, and
may cooperate with and use the services of any such committees and the organizations which the members represent in
furthering any of its activities.
ARTICLE IX—Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into
law by any six or more states. Thereafter, this compact shall
become effective as to any other state upon its enactment
thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the executive head of the
withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.
[Title 46 RCW—page 187]
46.38.020
Title 46 RCW: Motor Vehicles
ARTICLE X—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state participating herein, the compact shall remain in full
force and effect as to the remaining party states and in full
force and effect as to the state affected as to all severable matters. [1963 c 204 § 1.]
46.38.020 Legislative findings. The legislature finds
46.38.020
that:
(1) The public safety necessitates the continuous development, modernization and implementation of standards and
requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion.
(2) The public safety further requires that such standards
and requirements be uniform from jurisdiction to jurisdiction,
except to the extent that specific and compelling evidence
supports variation.
(3) The state patrol, acting upon recommendations of the
vehicle equipment safety commission and pursuant to the
vehicle equipment safety compact provides a just, equitable
and orderly means of promoting the public safety in the manner and within the scope contemplated by this chapter. [1987
c 330 § 735; 1963 c 204 § 2.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.38.030 Effective date of rules, etc. of vehicle safety
equipment commission. Pursuant to Article V(e) of the
vehicle equipment safety compact it is the intention of this
state and it is hereby provided that any rule, regulation, or
code issued by the vehicle equipment safety commission in
accordance with Article V of the compact shall take effect
when issued in accordance with the administrative procedure
act by the state patrol. [1987 c 330 § 736; 1967 ex.s. c 145 §
57; 1963 c 204 § 3.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.38.050 Cooperation of state agencies with vehicle
equipment safety commission. Within appropriations available therefor, the departments, agencies and officers of the
government of this state may cooperate with and assist the
vehicle equipment safety commission within the scope contemplated by Article III(h) of the compact. The departments,
agencies and officers of the government of this state are
authorized generally to cooperate with said commission.
[1963 c 204 § 5.]
46.38.050
46.38.060 State officers for the filing of documents
and receipt of notices. Filing of documents as required by
Article III(j) of the compact shall be with the chief of the state
patrol. Any and all notices required by commission bylaws to
be given pursuant to Article III(j) of the compact shall be
given to the commissioner of this state, his alternate, if any,
and the chief of the state patrol. [1987 c 330 § 738; 1963 c
204 § 6.]
46.38.060
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.38.070 Vehicle equipment safety commission to
submit budgets to director of financial management. Pursuant to Article VI(a) of the compact, the vehicle equipment
safety commission shall submit its budgets to the director of
financial management. [1979 c 151 § 160; 1963 c 204 § 7.]
46.38.070
46.38.080 State auditor to inspect accounts of vehicle
equipment safety commission. Pursuant to Article VI(e) of
the compact, the state auditor is hereby empowered and
authorized to inspect the accounts of the vehicle equipment
safety commission. [1963 c 204 § 8.]
46.38.080
46.38.030
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.38.040 Appointment of commissioner and alternate commissioner. The commissioner of this state on the
vehicle equipment safety commission shall be appointed by
the chief of the state patrol to serve at the chief’s pleasure.
The chief of the state patrol may also designate an alternate
commissioner to serve whenever the commissioner of this
state is unable to participate on the vehicle equipment safety
commission. Subject to the provisions of the compact and
bylaws of the vehicle equipment safety commission, the
authority and responsibilities of such alternate shall be as
determined by the chief of the state patrol. [1987 c 330 § 737;
1963 c 204 § 4.]
46.38.090 Withdrawal from compact, "executive
head" defined. The term "executive head" as used in Article
IX(b) of the compact shall, with reference to this state, mean
the governor. [1963 c 204 § 9.]
46.38.090
Chapter 46.39
Chapter 46.39 RCW
INTERSTATE COMPACT FOR
SCHOOL BUS SAFETY
Sections
46.39.010
46.39.020
Compact enacted—Provisions.
Designation of Washington state commissioners.
46.38.040
[Title 46 RCW—page 188]
46.39.010 Compact enacted—Provisions. The "Interstate Compact for School Bus Safety" is hereby enacted into
law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
46.39.010
INTERSTATE COMPACT FOR
SCHOOL BUS SAFETY
ARTICLE I
FINDINGS AND PURPOSES
(a) The party states find that:
(2008 Ed.)
Interstate Compact for School Bus Safety
(1) School transportation is an integral part of our education systems. The increasing volume of traffic on streets and
highways, with larger numbers of school children being
transported each year, presents a serious problem in safety
that requires regulation and control.
(2) During recent years the various states have each
developed their own rules, regulations and standards which
govern the operation of school buses in the individual states,
thus creating vast differences in construction standards and
operational procedures.
(3) Standardization by means of interstate cooperation,
exchange of information, and the promulgation of uniform
practices among the states can do much to mitigate present
hazards and at the same time generate cost reductions and
improved service.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for
school bus equipment.
(2) Secure uniformity of law and administrative practices in school bus vehicle regulation and related safety standards, incorporating desirable equipment changes in the
interest of greater school bus safety.
(3) Establish a means whereby the states party to this
compact shall jointly agree on certain school bus minimum
standards and procedures including, without limitation by the
enumeration, the following:
(i) Items which affect the motorist, such as use of lights,
signs, and signaling devices that control traffic;
(ii) Procedural activities of school bus drivers in controlling traffic; and in the loading and unloading of buses;
(iii) Construction and other specifications which can
lead to lower initial costs and the interchangeability of school
buses among states;
(iv) A framework within which the party states may
develop uniform driver training programs; and
(v) Development of accurate and uniform accident statistical reporting among the party states.
(4) Encourage and utilize research which will facilitate
achievement of the foregoing purposes, with due regard for
the findings set forth in subsection (a) of this Article.
(5) It is recognized that there are inherent differences in
transportation needs in each of the party states. It shall not be
the purpose of this compact to abridge, impair or adversely
affect the jurisdiction or authority of the individual states to
regulate and control their own school transportation systems.
(6) Investigate the safety and economic advantage of
children being transported.
ARTICLE II
DEFINITIONS
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any other special commonwealth as may
be established by the Government of the United States.
(b) "School bus" shall have the same meaning as provided in RCW 46.04.521.
(c) "Equipment" means the equipment required for
school buses under chapter 46.37 RCW.
(2008 Ed.)
46.39.010
ARTICLE III
THE COMMISSION
(a) There is hereby created an agency of the party states
to be known as the "Western States School Bus Safety Commission" (hereinafter called the Commission). The Commission shall consist of not less than one nor more than three
commissioners from each State, each of whom shall be a citizen of the State from which he is appointed, and not less than
one or nor more than three commissioners representing the
United States Government. The commissioners from each
State shall be chosen in the manner and for the terms provided by the laws of the States from which they shall be
appointed, provided that at least one member shall be
appointed from the State agency which has primary responsibility for pupil transportation in that State. Any commissioner may be removed or suspended from office as provided
by the law of the State from which he shall be appointed. The
commissioners representing the United States shall be
appointed by the President of the United States, or in such
other manner as may be provided by Congress. The commissioners shall serve without compensation, but shall be paid
their actual expenses incurred in and incidental to the performance of their duties; but nothing herein shall prevent the
appointment of an officer or employee of any State or of the
United States Government.
(b) Each state delegation shall be entitled to one vote,
and the presence of commissioners from a majority of the
party states shall constitute a quorum for the transaction of
business at any meeting of the Commission. A majority vote
of the quorum will be required to adopt any measure before
the Commission. The commissioners representing the United
States Government shall act in an advisory capacity and shall
not have voting powers.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its
members, a chairman, a vice chairman, and a treasurer. The
Commission shall appoint an Executive Director who shall
serve at its pleasure and who shall also act as Secretary, and
who, together with the Treasurer, shall be bonded in such
amounts as the Commission may require.
(e) The Executive Director, with the approval of the
Commission, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Commission’s functions irrespective of the civil service, personnel or other merit system laws of any of the party states.
(f) The Commission may establish and maintain, independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full-time employees. The Commission may establish and maintain or participate in such additional programs of employee benefits as may
be appropriate.
(g) The Commission may borrow, accept, or contract for
the services of personnel from any state or the United States
or any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm or corporation.
(h) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real
and personal property and any interest therein.
[Title 46 RCW—page 189]
46.39.020
Title 46 RCW: Motor Vehicles
(i) The Commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the
power to amend and rescind these bylaws, rules, and regulations. The Commission shall publish its bylaws, rules, and
regulations in convenient form and shall file a copy thereof
and shall also file a copy of any amendment thereto, with the
appropriate agency or officer in each of the party states.
(j) The Commission annually shall make to the governor
and the legislature of each party state, a report covering the
activities of the Commission for the preceding year, and
embodying such recommendations as may have been adopted
by the Commission. The Commission may issue such additional reports as it may deem desirable.
ARTICLE IV
FUNCTIONS AND ACTIVITIES
(a) The Commission shall have power to perform the following functions and activities that relate to school bus transportation:
(1) Recommend and encourage research, testing and
training activities to the extent the Commission finds necessary.
(2) Contract for research, testing and training activities
on behalf of the Commission itself or for one or more governmental agencies if they provide special funding for that purpose.
(3) Engage directly in such activities to the extent
approved by the Commission.
(4) Recommend to the party states of needed changes in
law or policy with emphasis on uniformity of laws and
administrative rules, regulations or codes which would promote effective governmental action or coordination of school
bus construction, equipment, safety programs, and school bus
driver training.
(5) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
article to the appropriate agency of each party state and such
notice shall contain the complete text of the rule, regulation
or code.
(6) Each party state, recognizing that to carry out the
intent of this compact, obligates itself to adopt in identical
terms, all rules, regulations and specifications which are standardized through due process to the States.
(b) The Commission may establish such advisory and
technical committees as may be necessary, membership on
which may include public officials and private citizens. The
Commission may also cooperate with other governmental
agencies and interstate organizations and with organizations
representing the private sector.
ARTICLE V
FINANCE
(a) Moneys necessary to finance the Commission in carrying out its duties shall be provided through appropriations
from the states party to this compact, said payments to be in
direct proportion to the number of school buses registered in
the respective party states. The initial rate of payment shall be
figured at $0.50 per bus, provided that no state shall contribute less than $500.00 per annum. The annual contribution of
each state above the minimum shall be figured to the nearest
one hundred dollars. Subsequent budgets shall be determined
[Title 46 RCW—page 190]
by the Commission, and the cost thereof allocated in the same
proportion as the initial budget.
(b) The Commission may accept for any of its purposes
under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services (conditional and otherwise) from any state or the United States or
any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize and dispose of the same.
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into immediate force and
effect as to any state when enacted by it into law, and such
state shall thereafter be a party thereto with any and all states
joining therein.
(b) It is the purpose of this compact to provide the necessary legal basis for implementation and adoption by each
party state of the standardized rules, regulations and specifications as adopted by the Commission. Consistent with the
laws of each party state, there shall be a "compact administrator" who, acting jointly with like officials of other party
states, shall promulgate necessary rules, regulations and
specifications within that state to carry out the actions and
directives of the Commission.
(c) Any state party to this compact may, by legislative
act after one year’s notice to the Commission, withdraw from
the compact. The compact may also be terminated at any time
by the unanimous agreement of the several party states. Withdrawal shall not relieve a state from its obligations hereunder
prior to the effective withdrawal date.
(d) If any state shall at any time default in the performance of any of its obligations assumed herein or with
respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of
this compact, all rights, privileges and benefits of such
defaulting state and its members on the Commission shall be
suspended after the date of such default. Such suspension
shall in no manner release such defaulting state from any
accrued obligation or otherwise affect this compact or the
rights, duties, privileges or obligations of the remaining states
thereunder.
ARTICLE VII
SEVERABILITY
(a) The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is
declared to be unconstitutional or the applicability thereof to
any state, agency, person or circumstances is held invalid, the
constitutionality of the remainder of this compact and the
applicability thereof to any other state, agency, person or circumstances shall not be affected thereby. It is the legislative
intent that the provisions of this compact be reasonably and
liberally construed. [1977 ex.s. c 88 § 1.]
46.39.020 Designation of Washington state commissioners. The Washington state commissioners to the western
states school bus safety commission shall be the secretary of
transportation, the superintendent of public instruction, and
the chief of the Washington state patrol or their respective
46.39.020
(2008 Ed.)
Size, Weight, Load
designees. Annually the Washington commissioners shall
elect a chairman from their own membership who shall serve
for one year commencing July 1st. Election as chairman shall
not interfere with the member’s right to vote on all matters
before the Washington commissioners. The Washington
commissioners may by majority vote designate one of their
members to represent the state on any matter coming before
the Western states school bus safety commission. [1984 c 7
§ 51; 1977 ex.s. c 88 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 46.44
Chapter 46.44 RCW
SIZE, WEIGHT, LOAD
46.44.020
point that allows the driver a view to the rear of the vehicle
along both sides in conformance with Federal National
Safety Standard 111 (49 C.F.R. 571.111), and RCW
46.37.400. Excluded from this calculation of width are certain devices that provide added safety, energy conservation,
or are otherwise necessary, and are not designed or used to
carry cargo. The width-exclusive devices must be identified
in rules adopted by the department of transportation under
RCW 46.44.101. A width-exclusive device must not extend
more than three inches beyond the width limit of the vehicle
body. [2005 c 189 § 1; 1997 c 63 § 1; 1983 c 278 § 1; 1961 c
12 § 46.44.010. Prior: 1947 c 200 § 4; 1937 c 189 § 47; Rem.
Supp. 1947 § 6360-47; 1923 c 181 § 4, part; RRS § 6362-8,
part.]
Sections
46.44.010
46.44.013
46.44.020
46.44.030
46.44.034
46.44.036
46.44.037
46.44.041
46.44.042
46.44.043
46.44.047
46.44.049
46.44.050
46.44.060
46.44.070
46.44.080
46.44.090
46.44.091
46.44.0915
46.44.092
46.44.093
46.44.0941
46.44.095
46.44.096
46.44.098
46.44.101
46.44.105
46.44.110
46.44.120
46.44.130
46.44.140
46.44.150
46.44.170
46.44.173
46.44.175
46.44.180
46.44.190
Outside width limit.
Appurtenances on recreational vehicles.
Maximum height—Impaired clearance signs.
Maximum lengths.
Maximum lengths—Front and rear protrusions.
Combination of units—Limitation.
Combination of units—Lawful operations.
Maximum gross weights—Wheelbase and axle factors.
Maximum gross weights—Axle and tire factors.
Cement trucks—Axle loading controls.
Excess weight—Logging trucks—Special permits—County
or city permits—Fees—Discretion of arresting officer.
Effect of weight on highways—Study authorized.
Minimum length of wheelbase.
Outside load limits for passenger vehicles.
Drawbar requirements—Trailer whipping or weaving—Towing flag.
Local regulations—State highway regulations.
Special permits for oversize or overweight movements.
Special permits—Gross weight limit.
Heavy haul industrial corridors—Overweight sealed containers and vehicles.
Special permits—Overall width limits, exceptions—Application for permit.
Special permits—Discretion of issuer—Conditions.
Special permits—Fees.
Temporary additional tonnage permits—Fees.
Special permits—Determining fee—To whom paid.
Increase in federal limits on sizes and weights—Increases by
commission.
Interstate travel by specialized equipment.
Enforcement procedures—Penalties—Rules.
Liability for damage to highways, bridges, etc.
Liability of owner, others, for violations.
Farm implements—Gross weight and size limitation exception—Penalty.
Farm implements—Special permits—Penalty.
Highway improvement vehicles—Gross weight limit excesses
authorized—Limitations.
Mobile home or park model trailer movement special permit
and decal—Responsibility for taxes—License plates—
Rules.
Notice to treasurer and assessor of county where mobile home
or park trailer to be located.
Penalties—Hearing.
Operation of mobile home pilot vehicle without insurance
unlawful—Amounts—Exception—Penalty.
Fire-fighting apparatus.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Auto transportation companies: Chapter 81.68 RCW.
Permitting escape of load materials: RCW 46.61.655.
46.44.010 Outside width limit. The total outside width
of any vehicle or load thereon must not exceed eight and onehalf feet; except that an externally mounted rear vision mirror
may extend beyond the width limits of the vehicle body to a
46.44.010
(2008 Ed.)
46.44.013
46.44.013 Appurtenances on recreational vehicles.
Motor homes, travel trailers, and campers may exceed the
maximum width established under RCW 46.44.010 if the
excess width is attributable to appurtenances that do not
extend beyond the body of the vehicle by more than four
inches, or if an awning, by more than six inches. As used in
this section, "appurtenance" means an appendage that is
installed by a factory or a vehicle dealer and is intended as an
integral part of the motor home, travel trailer, or camper.
"Appurtenance" does not include an item temporarily affixed
or attached to the exterior of a vehicle for the purpose of
transporting the item from one location to another. "Appurtenance" does not include an item that obstructs the driver’s
rearward vision. [2005 c 264 § 1.]
46.44.020
46.44.020 Maximum height—Impaired clearance
signs. It is unlawful for any vehicle unladen or with load to
exceed a height of fourteen feet above the level surface upon
which the vehicle stands. This height limitation does not
apply to authorized emergency vehicles or repair equipment
of a public utility engaged in reasonably necessary operation.
The provisions of this section do not relieve the owner or
operator of a vehicle or combination of vehicles from the
exercise of due care in determining that sufficient vertical
clearance is provided upon the public highways where the
vehicle or combination of vehicles is being operated; and no
liability may attach to the state or to any county, city, town,
or other political subdivision by reason of any damage or
injury to persons or property by reason of the existence of any
structure over or across any public highway where the vertical clearance above the roadway is fourteen feet or more; or,
where the vertical clearance is less than fourteen feet, if
impaired clearance signs of a design approved by the state
department of transportation are erected and maintained on
the right side of any such public highway in accordance with
the manual of uniform traffic control devices for streets and
highways as adopted by the state department of transportation under chapter 47.36 RCW. If any structure over or across
any public highway is not owned by the state or by a county,
city, town, or other political subdivision, it is the duty of the
owner thereof when billed therefor to reimburse the state
department of transportation or the county, city, town, or
other political subdivision having jurisdiction over the highway for the actual cost of erecting and maintaining the
impaired clearance signs, but no liability may attach to the
[Title 46 RCW—page 191]
46.44.030
Title 46 RCW: Motor Vehicles
owner by reason of any damage or injury to persons or property caused by impaired vertical clearance above the roadway. [1984 c 7 § 52; 1977 c 81 § 1; 1975-’76 2nd ex.s. c 64
§ 7; 1971 ex.s. c 248 § 1; 1965 c 43 § 1; 1961 c 12 §
46.44.020. Prior: 1959 c 319 § 26; 1955 c 384 § 1; 1953 c
125 § 1; 1951 c 269 § 20; 1937 c 189 § 48; RRS § 6360-48.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.030 Maximum lengths. It is unlawful for any
person to operate upon the public highways of this state any
vehicle having an overall length, with or without load, in
excess of forty feet. This restriction does not apply to (1) a
municipal transit vehicle, (2) auto stage, private carrier bus,
school bus, or motor home with an overall length not to
exceed forty-six feet, or (3) an articulated auto stage with an
overall length not to exceed sixty-one feet.
It is unlawful for any person to operate upon the public
highways of this state any combination consisting of a tractor
and semitrailer that has a semitrailer length in excess of fiftythree feet or a combination consisting of a tractor and two
trailers in which the combined length of the trailers exceeds
sixty-one feet, with or without load.
It is unlawful for any person to operate on the highways
of this state any combination consisting of a truck and trailer,
or log truck and stinger-steered pole trailer, with an overall
length, with or without load, in excess of seventy-five feet.
"Stinger-steered," as used in this section, means the coupling
device is located behind the tread of the tires of the last axle
of the towing vehicle.
These length limitations do not apply to vehicles transporting poles, pipe, machinery, or other objects of a structural
nature that cannot be dismembered and operated by a public
utility when required for emergency repair of public service
facilities or properties, but in respect to night transportation
every such vehicle and load thereon shall be equipped with a
sufficient number of clearance lamps on both sides and
marker lamps upon the extreme ends of any projecting load to
clearly mark the dimensions of the load.
Excluded from the calculation of length are certain
devices that provide added safety, energy conservation, or are
otherwise necessary, and are not designed or used to carry
cargo. The length-exclusive devices must be identified in
rules adopted by the department of transportation under
RCW 46.44.101. [2005 c 189 § 2; 2000 c 102 § 1; 1995 c 26
§ 1; 1994 c 59 § 2; 1993 c 301 § 1; 1991 c 113 § 1; 1990 c 28
§ 1; 1985 c 351 § 1; 1984 c 104 § 1; 1983 c 278 § 2; 1979
ex.s. c 113 § 4; 1977 ex.s. c 64 § 1; 1975-’76 2nd ex.s. c 53 §
1; 1974 ex.s. c 76 § 2; 1971 ex.s. c 248 § 2; 1967 ex.s. c 145
§ 61; 1963 ex.s. c 3 § 52; 1961 ex.s. c 21 § 36; 1961 c 12 §
46.44.030. Prior: 1959 c 319 § 25; 1957 c 273 § 14; 1951 c
269 § 22; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part;
1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949
§ 6360-49, part.]
46.44.030
Effective date—1995 c 26: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 26 § 2.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
[Title 46 RCW—page 192]
46.44.034 Maximum lengths—Front and rear protrusions. (1) The load, or any portion of any vehicle, operated alone upon the public highway of this state, or the load,
or any portion of the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front
wheels of such vehicle, or the front bumper, if equipped with
front bumper. This subsection does not apply to a front-loading garbage truck or recycling truck while on route and actually engaged in the collection of solid waste or recyclables at
speeds of twenty miles per hour or less.
(2) No vehicle shall be operated upon the public highways with any part of the permanent structure or load extending in excess of fifteen feet beyond the center of the last axle
of such vehicle. This subsection does not apply to "specialized equipment" designated under 49 U.S.C. Sec. 2311 that is
operated on the interstate highway system, those designated
portions of the federal-aid primary system, and routes constituting reasonable access from such highways to terminals and
facilities for food, fuel, repairs, and rest. [1997 c 191 § 1;
1991 c 143 § 1; 1961 c 12 § 46.44.034. Prior: 1957 c 273 §
15; 1951 c 269 § 24; prior: 1949 c 221 § 1, part; 1947 c 200
§ 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem.
Supp. 1949 § 6360-49, part.]
46.44.034
46.44.036 Combination of units—Limitation. Except
as provided in RCW 46.44.037, it is unlawful for any person
to operate upon the public highways of this state any combination of vehicles consisting of more than two vehicles. For
the purposes of this section a truck tractor-semitrailer or pole
trailer combination will be considered as two vehicles but the
addition of another axle to the tractor of a truck tractor-semitrailer or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer or
pole trailer shall not be deemed a separate vehicle but shall be
considered a part of the truck tractor. For the purposes of this
section a converter gear used in converting a semitrailer to a
full trailer shall not be deemed a separate vehicle but shall be
considered a part of the trailer. [1975-’76 2nd ex.s. c 64 § 8;
1961 c 12 § 46.44.036. Prior: 1955 c 384 § 2; 1951 c 269 §
23; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c
116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 636049, part.]
46.44.036
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.037 Combination of units—Lawful operations.
Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations governing their operation as
may be adopted by the state department of transportation,
operation of the following combinations is lawful:
(1) A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this combination a converter gear used to convert a semitrailer into a
full trailer shall be considered to be a part of the full trailer
and not a separate vehicle. A converter gear being pulled
without load and not used to convert a semitrailer into a full
trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;
(2) A combination not exceeding seventy-five feet in
overall length consisting of four trucks or truck tractors used
46.44.037
(2008 Ed.)
Size, Weight, Load
in driveaway service where three of the vehicles are towed by
the fourth in triple saddlemount position;
(3) A combination consisting of a truck tractor carrying
a freight compartment no longer than eight feet, a semitrailer,
and another semitrailer or full trailer that meets the legal
length requirement for a truck and trailer combination set
forth in RCW 46.44.030. [1991 c 143 § 2; 1985 c 351 § 2;
1984 c 7 § 53; 1979 ex.s. c 149 § 3; 1975-’76 2nd ex.s. c 64 §
9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 c 12 §
46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.041 Maximum gross weights—Wheelbase and
axle factors. No vehicle or combination of vehicles shall
operate upon the public highways of this state with a gross
load on any single axle in excess of twenty thousand pounds,
or upon any group of axles in excess of that set forth in the
following table, except that two consecutive sets of tandem
axles may carry a gross load of thirty-four thousand pounds
each, if the overall distance between the first and last axles of
such consecutive sets of tandem axles is thirty-six feet or
more.
46.44.041
Distance in feet
Maximum load in pounds carried
between the
on any group of 2 or more consecextremes of any
utive axles
group of 2 or
more consecu2
3
4
5
6
tive axles
axles axles axles axles
axles
4
5
6
7
8 & less
more than 8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(2008 Ed.)
34,000
34,000
34,000
34,000
34,000
38,000
39,000
40,000
34,000
42,000
42,500
43,500
44,000
45,000
45,500
46,500
47,000
48,000
48,500
49,500
50,000
51,000
51,500
52,500
53,000
54,000
54,500
55,500
56,000
57,000
57,500
58,500
59,000
60,000
50,000
50,500
51,500
52,000
52,500
53,500
54,000
54,500
55,500
56,000
56,500
57,500
58,000
58,500
59,500
60,000
60,500
61,500
62,000
62,500
63,500
64,000
64,500
65,500
66,000
66,500
67,500
68,000
68,500
69,500
70,000
70,500
71,500
72,000
72,500
58,000
58,500
59,000
60,000
60,500
61,000
61,500
62,500
63,000
63,500
64,000
65,000
65,500
66,000
66,500
67,500
68,000
68,500
69,000
70,000
70,500
71,000
71,500
72,500
73,000
73,500
74,000
75,000
75,500
76,000
76,500
66,000
66,500
67,000
68,000
68,500
69,000
69,500
70,000
71,000
71,500
72,000
72,500
73,000
74,000
74,500
75,000
75,500
76,000
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
7
axles
8
axles
9
axles
74,000
74,500
75,000
75,500
76,500
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,000
82,500
83,500
84,000
84,500
85,000
85,500
86,000
87,000
82,000
82,500
83,000
83,500
84,500
85,000
85,500
86,000
86,500
87,000
87,500
88,500
89,000
89,500
90,000
90,500
91,000
91,500
92,500
90,000
90,500
91,000
91,500
92,000
93,000
93,500
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86 or more
46.44.041
73,500
74,000
74,500
75,500
76,000
76,500
77,500
78,000
78,500
79,500
80,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,500
83,000
83,500
84,000
85,000
85,500
86,000
86,500
87,500
88,000
88,500
89,000
90,000
90,500
91,000
91,500
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
100,000
82,000
83,000
83,500
84,000
84,500
85,000
86,000
86,500
87,000
87,500
88,000
89,000
89,500
90,000
90,500
91,000
92,000
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,000
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
104,000
104,500
105,000
105,500
87,500
88,000
88,500
89,000
89,500
90,500
91,000
91,500
92,000
92,500
93,000
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
93,000
93,500
94,000
94,500
95,000
95,500
96,500
97,000
97,500
98,000
98,500
99,000
99,500
100,500
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
98,500
99,000
99,500
100,000
100,500
101,000
102,000
102,500
103,000
103,500
104,000
104,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
When inches are involved: Under six inches take lower, six
inches or over take higher. The maximum load on any axle in
any group of axles shall not exceed the single axle or tandem
axle allowance as set forth in the table above.
The maximum axle and gross weights specified in this
section are subject to the braking requirements set up for the
service brakes upon any motor vehicle or combination of
vehicles as provided by law.
Loads of not more than eighty thousand pounds which
may be legally hauled in the state bordering this state which
also has a sales tax, are legal in this state when moving to a
port district within four miles of the bordering state except on
the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor
and three trailers.
Notwithstanding anything contained herein, a vehicle or
combination of vehicles in operation on January 4, 1975, may
operate upon the public highways of this state, including the
interstate system within the meaning of section 127 of Title
23, United States Code, with an overall gross weight upon a
group of two consecutive sets of dual axles which was lawful
in this state under the laws, regulations, and procedures in
effect in this state on January 4, 1975. [1997 c 198 § 1; 1995
c 171 § 1. Prior: 1993 c 246 § 1; 1993 c 102 § 3; prior: 1988
c 229 § 1; 1988 c 6 § 2; 1985 c 351 § 3; 1977 c 81 § 2; 1975’76 2nd ex.s. c 64 § 22.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
[Title 46 RCW—page 193]
46.44.042
Title 46 RCW: Motor Vehicles
46.44.042 Maximum gross weights—Axle and tire
factors. Subject to the maximum gross weights specified in
RCW 46.44.041, it is unlawful to operate any vehicle upon
the public highways with a gross weight, including load,
upon any tire concentrated upon the surface of the highway in
excess of six hundred pounds per inch width of such tire. An
axle manufactured after July 31, 1993, carrying more than ten
thousand pounds gross weight must be equipped with four or
more tires. An axle carrying more than ten thousand pounds
gross weight must have four or more tires, regardless of date
of manufacture. Instead of the four or more tires per axle
requirements of this section, an axle may be equipped with
two tires limited to five hundred pounds per inch width of
tire. This section does not apply to vehicles operating under
oversize or overweight permits, or both, issued under RCW
46.44.090, while carrying a nonreducible load.
The following equipment may operate at six hundred
pounds per inch width of tire: (1) A nonliftable steering axle
or axles on the power unit; (2) a tiller axle on fire fighting
apparatus; (3) a rear booster trailing axle equipped with two
tires on a ready-mix concrete transit truck; and (4) a straddle
trailer manufactured before January 1, 1996, equipped with
single-tire axles or a single axle using a walking beam supported by two in-line single tires and used exclusively for the
transport of fruit bins between field, storage, and processing.
A straddle trailer manufactured after January 1, 1996, meeting this use criteria may carry five hundred fifteen pounds per
inch width of tire on sixteen and one-half inch wide tires.
For the purpose of this section, the width of tire in case
of solid rubber or hollow center cushion tires, so long as the
use thereof may be permitted by the law, shall be measured
between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic tires shall be the
maximum overall normal inflated width as stipulated by the
manufacturer when inflated to the pressure specified and
without load thereon.
The department of transportation, by rule with respect to
state highways, and a local authority, with respect to a public
highway under its jurisdiction, may extend the weight table in
RCW 46.44.041 to one hundred fifteen thousand pounds.
However, the extension must be in compliance with federal
law, and vehicles operating under the extension must be in
full compliance with the 1997 axle and tire requirements
under this section. [2006 c 334 § 15; 1996 c 116 § 1; 1993 c
103 § 1; 1985 c 351 § 4; 1975-’76 2nd ex.s. c 64 § 10; 1961 c
12 § 46.44.042. Prior: 1959 c 319 § 27; 1951 c 269 § 27;
prior: 1949 c 221 § 2, part; 1947 c 200 § 6, part; 1941 c 116
§ 2, part; 1937 c 189 § 50, part; Rem. Supp. 1949 § 6360-50,
part; 1929 c 180 § 3, part; 1927 c 309 § 8, part; 1923 c 181 §
4, part; 1921 c 96 § 20, part; RRS § 6362-8, part.]
46.44.042
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.043 Cement trucks—Axle loading controls.
The switch that controls the raising and lowering of the
retractable rear booster or tag axle on a ready-mix cement
truck may be located within the reach of the driver’s compartment as long as the variable control, used to adjust axle loadings by regulating air pressure or by other means, is out of the
reach of the driver’s compartment. [1994 c 305 § 1.]
46.44.043
[Title 46 RCW—page 194]
46.44.047 Excess weight—Logging trucks—Special
permits—County or city permits—Fees—Discretion of
arresting officer. A three axle truck tractor and a two axle
pole trailer combination engaged in the operation of hauling
logs may exceed by not more than six thousand eight hundred
pounds the legal gross weight of the combination of vehicles
when licensed, as permitted by law, for sixty-eight thousand
pounds: PROVIDED, That the distance between the first and
last axle of the vehicles in combination shall have a total
wheelbase of not less than thirty-seven feet, and the weight
upon two axles spaced less than seven feet apart shall not
exceed thirty-three thousand six hundred pounds.
Such additional allowances shall be permitted by a special permit to be issued by the department of transportation
valid only on state primary or secondary highways authorized
by the department and under such rules, regulations, terms,
and conditions prescribed by the department. The fee for such
special permit shall be fifty dollars for a twelve-month period
beginning and ending on April 1st of each calendar year. Permits may be issued at any time, but if issued after July 1st of
any year the fee shall be thirty-seven dollars and fifty cents.
If issued on or after October 1st the fee shall be twenty-five
dollars, and if issued on or after January 1st the fee shall be
twelve dollars and fifty cents. A copy of such special permit
covering the vehicle involved shall be carried in the cab of
the vehicle at all times. Upon the third offense within the
duration of the permit for violation of the terms and conditions of the special permit, the special permit shall be canceled. The vehicle covered by such canceled special permit
shall not be eligible for a new special permit until thirty days
after the cancellation of the special permit issued to said vehicle. The fee for such renewal shall be at the same rate as set
forth in this section which covers the original issuance of
such special permit. Each special permit shall be assigned to
a three-axle truck tractor in combination with a two-axle pole
trailer. When the department issues a duplicate permit to
replace a lost or destroyed permit and where the department
transfers a permit, a fee of fourteen dollars shall be charged
for each such duplicate issued or each such transfer.
All fees collected hereinabove shall be deposited with
the state treasurer and credited to the motor vehicle fund.
Permits involving city streets or county roads or using
city streets or county roads to reach or leave state highways,
authorized for permit by the department may be issued by the
city or county or counties involved. A fee of five dollars for
such city or county permit may be assessed by the city or by
the county legislative authority which shall be deposited in
the city or county road fund. The special permit provided for
herein shall be known as a "log tolerance permit" and shall
designate the route or routes to be used, which shall first be
approved by the city or county engineer involved. Authorization of additional route or routes may be made at the discretion of the city or county by amending the original permit or
by issuing a new permit. Said permits shall be issued on a
yearly basis expiring on March 31st of each calendar year.
Any person, firm, or corporation who uses any city street or
county road for the purpose of transporting logs with weights
authorized by state highway log tolerance permits, to reach or
leave a state highway route, without first obtaining a city or
county permit when required by the city or the county legislative authority shall be subject to the penalties prescribed by
46.44.047
(2008 Ed.)
Size, Weight, Load
RCW 46.44.105. For the purpose of determining gross
weight the actual scale weight taken by the officer shall be
prima facie evidence of such total gross weight. In the event
the gross weight is in excess of the weight permitted by law,
the officer may, within his discretion, permit the operator to
proceed with his vehicles in combination.
The chief of the state patrol, with the advice of the
department, may make reasonable rules and regulations to aid
in the enforcement of the provisions of this section. [1994 c
172 § 1; 1979 ex.s. c 136 § 74; 1975-’76 2nd ex.s. c 64 § 11;
1973 1st ex.s. c 150 § 2; 1971 ex.s. c 249 § 2; 1961 ex.s. c 21
§ 35; 1961 c 12 § 46.44.047. Prior: 1955 c 384 § 19; 1953 c
254 § 10; 1951 c 269 § 31.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.049 Effect of weight on highways—Study
authorized. The department of transportation may make and
enter into agreements with the federal government or any
state or group of states or agencies thereof, or any nonprofit
association, on a joint or cooperative basis, to study, analyze,
or test the effects of weight on highway construction. The
studies or tests may be made either by designating existing
highways or the construction of test strips including natural
resource roads to the end that a proper solution of the many
problems connected with the imposition on highways of
motor vehicle weights may be determined.
The studies may include the determination of values to
be assigned various highway-user groups according to their
gross weight or use. [1984 c 7 § 54; 1961 c 12 § 46.44.049.
Prior: 1951 c 269 § 47.]
46.44.080
§ 52; RRS § 6360-52; 1929 c 180 § 5, part; 1927 c 309 § 10,
part; RRS § 6362-10, part.]
46.44.070 Drawbar requirements—Trailer whipping
or weaving—Towing flag. The drawbar or other connection
between vehicles in combination shall be of sufficient
strength to hold the weight of the towed vehicle on any grade
where operated. No trailer shall whip, weave or oscillate or
fail to follow substantially in the course of the towing vehicle. When a disabled vehicle is being towed by means of bar,
chain, rope, cable or similar means and the distance between
the towed vehicle and the towing vehicle exceeds fifteen feet
there shall be fastened on such connection in approximately
the center thereof a white flag or cloth not less than twelve
inches square. [1961 c 12 § 46.44.070. Prior: 1937 c 189 §
53; RRS § 6360-53; 1929 c 180 § 5, part; 1927 c 309 § 10,
part; RRS § 6362-10, part; 1923 c 181 § 4, part.]
46.44.070
46.44.049
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.050 Minimum length of wheelbase. It shall be
unlawful to operate any vehicle upon public highways with a
wheelbase between any two axles thereof of less than three
feet, six inches when weight exceeds that allowed for one
axle under RCW 46.44.042 or 46.44.041. It shall be unlawful
to operate any motor vehicle upon the public highways of this
state with a wheelbase between the frontmost axle and the
rearmost axle of less than three feet, six inches: PROVIDED,
That the minimum wheelbase for mopeds is thirty-eight
inches.
For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle
axles designated. [1979 ex.s. c 213 § 7; 1975-’76 2nd ex.s. c
64 § 12; 1961 c 12 § 46.44.050. Prior: 1941 c 116 § 3; 1937
c 189 § 51; Rem. Supp. 1941 § 6360-51; 1929 c 180 § 3, part;
1927 c 309 § 8, part; 1923 c 181 § 4, part; RRS § 6362-8,
part.]
46.44.050
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.060 Outside load limits for passenger vehicles.
No passenger type vehicle shall be operated on any public
highway with any load carried thereon extending beyond the
line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the
right side thereof. [1961 c 12 § 46.44.060. Prior: 1937 c 189
46.44.060
(2008 Ed.)
46.44.080 Local regulations—State highway regulations. Local authorities with respect to public highways
under their jurisdiction may prohibit the operation thereon of
motor trucks or other vehicles or may impose limits as to the
weight thereof, or any other restrictions as may be deemed
necessary, whenever any such public highway by reason of
rain, snow, climatic or other conditions, will be seriously
damaged or destroyed unless the operation of vehicles
thereon be prohibited or restricted or the permissible weights
thereof reduced: PROVIDED, That whenever a highway has
been closed generally to vehicles or specified classes of vehicles, local authorities shall by general rule or by special permit authorize the operation thereon of school buses, emergency vehicles, and motor trucks transporting perishable
commodities or commodities necessary for the health and
welfare of local residents under such weight and speed
restrictions as the local authorities deem necessary to protect
the highway from undue damage: PROVIDED FURTHER,
That the governing authorities of incorporated cities and
towns shall not prohibit the use of any city street designated a
part of the route of any primary state highway through any
such incorporated city or town by vehicles or any class of
vehicles or impose any restrictions or reductions in permissible weights unless such restriction, limitation, or prohibition,
or reduction in permissible weights be first approved in writing by the department of transportation.
The local authorities imposing any such restrictions or
limitations, or prohibiting any use or reducing the permissible
weights shall do so by proper ordinance or resolution and
shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution in each
end of the portion of any public highway affected thereby,
and no such ordinance or resolution shall be effective unless
and until such signs are erected and maintained.
The department shall have the same authority as hereinabove granted to local authorities to prohibit or restrict the
operation of vehicles upon state highways. The department
shall give public notice of closure or restriction. The department may issue special permits for the operation of school
buses and motor trucks transporting perishable commodities
or commodities necessary for the health and welfare of local
residents under specified weight and speed restrictions as
46.44.080
[Title 46 RCW—page 195]
46.44.090
Title 46 RCW: Motor Vehicles
may be necessary to protect any state highway from undue
damage. [2006 c 334 § 16; 1977 ex.s. c 151 § 29; 1973 2nd
ex.s. c 15 § 1; 1961 c 12 § 46.44.080. Prior: 1937 c 189 § 54;
RRS § 6360-54.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Highway and street closures authorized—Notice: Chapter 47.48 RCW.
46.44.090 Special permits for oversize or overweight
movements. The department of transportation, pursuant to
its rules with respect to state highways, and local authorities,
with respect to public highways under their jurisdiction, may,
upon application in writing and good cause being shown
therefor, issue a special permit in writing, or electronically,
authorizing the applicant to operate or move a vehicle or
combination of vehicles of a size, weight of vehicle, or load
exceeding the maximum set forth in RCW 46.44.010,
46.44.020, 46.44.030, 46.44.034, and 46.44.041 upon any
public highway under the jurisdiction of the authority granting such permit and for the maintenance of which such
authority is responsible. [2006 c 334 § 17; 2001 c 262 § 1;
1977 ex.s. c 151 § 30; 1975-’76 2nd ex.s. c 64 § 13; 1961 c 12
§ 46.44.090. Prior: 1951 c 269 § 34; prior: 1949 c 221 § 3,
part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 §
55, part; Rem. Supp. 1949 § 6360-55, part.]
46.44.090
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.091 Special permits—Gross weight limit. (1)
Except as otherwise provided in subsections (3) and (4) of
this section, no special permit shall be issued for movement
on any state highway or route of a state highway within the
limits of any city or town where the gross weight, including
load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on
dual axles with a wheelbase between the first and second
axles of less than three feet six inches;
(b) Forty-three thousand pounds on dual axles having a
wheelbase between the first and second axles of not less than
three feet six inches but less than seven feet;
(c) On any group of axles or in the case of a vehicle
employing two single axles with a wheel base between the
first and last axle of not less than seven feet but less than ten
feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the center of the first axle and the center of the last axle of the group;
(d) On any group of axles with a wheel base between the
first and last axle of not less than ten feet but less than thirty
feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of twenty and the distance in
feet between the center of the first axle and the center of the
last axle of the group;
(e) On any group of axles with a wheel base between the
first and last axle of thirty feet or greater, a weight in pounds
determined by multiplying one thousand six hundred times
46.44.091
[Title 46 RCW—page 196]
the sum of forty and the distance in feet between the center of
the first axle and the center of the last axle of the group.
(2) The total weight of a vehicle or combination of vehicles allowable by special permit under subsection (1) of this
section shall be governed by the lesser of the weights
obtained by using the total number of axles as a group or any
combination of axles as a group.
(3) The weight limitations pertaining to single axles may
be exceeded to permit the movement of equipment operating
upon single pneumatic tires having a rim width of twenty
inches or more and a rim diameter of twenty-four inches or
more or dual pneumatic tires having a rim width of sixteen
inches or more and a rim diameter of twenty-four inches or
more and specially designed vehicles manufactured and certified for special permits prior to July 1, 1975.
(4) Permits may be issued for weights in excess of the
limitations contained in subsection (1) of this section on
highways or sections of highways which have been designed
and constructed for weights in excess of such limitations, or
for any shipment duly certified as necessary by military officials, or by officials of public or private power facilities, or
when in the opinion of the department of transportation the
movement or action is a necessary movement or action:
PROVIDED, That in the judgment of the department of
transportation the structures and highway surfaces on the
routes involved are capable of sustaining weights in excess of
such limitations and it is not reasonable for economic or operational considerations to transport such excess weights by rail
or water for any substantial distance of the total mileage
applied for.
(5) Application shall be made in writing on special forms
provided by the department of transportation and shall be
submitted at least thirty-six hours in advance of the proposed
movement. An application for a special permit for a gross
weight of any combination of vehicles exceeding two hundred thousand pounds shall be submitted in writing to the
department of transportation at least thirty days in advance of
the proposed movement. [2001 c 262 § 2; 1989 c 52 § 1;
1977 ex.s. c 151 § 31; 1975-’76 2nd ex.s. c 64 § 14; 1975 1st
ex.s. c 168 § 1; 1969 ex.s. c 281 § 30; 1961 c 12 § 46.44.091.
Prior: 1959 c 319 § 28; 1953 c 254 § 12; 1951 c 269 § 35;
prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177
§ 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: "This 1973 [1975] amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 168 § 4.]
46.44.0915 Heavy haul industrial corridors—Overweight sealed containers and vehicles. (1)(a) Except as
provided in (b) of this subsection, the department of transportation, with respect to state highways maintained within port
district property, may, at the request of a port commission,
make and enter into agreements with port districts and adjacent jurisdictions or agencies of the districts, for the purpose
of identifying, managing, and maintaining short heavy haul
46.44.0915
(2008 Ed.)
Size, Weight, Load
industrial corridors within port district property for the movement of overweight sealed containers used in international
trade.
(b) The department of transportation shall designate that
portion of state route number 97 from the Canadian border to
milepost 331.22 as a heavy haul industrial corridor for the
movement of overweight vehicles to and from the Oroville
railhead. The department may issue special permits to vehicles operating in the heavy haul industrial corridor to carry
weight in excess of weight limits established in RCW
46.44.041, but not to exceed a gross vehicle weight of
137,788 pounds.
(2) Except as provided in subsection (1)(b) of this section, the department may issue special permits to vehicles
operating in a heavy haul industrial corridor to carry weight
in excess of weight limits established in RCW 46.44.041.
However, the excess weight on a single axle, tandem axle, or
any axle group must not exceed that allowed by RCW
46.44.091 (1) and (2), weight per tire must not exceed six
hundred pounds per inch width of tire, and gross vehicle
weight must not exceed one hundred five thousand five hundred pounds.
(3) The entity operating or hiring vehicles under subsection (1)(b) of this section or moving overweight sealed containers used in international trade must pay a fee for each special permit of one hundred dollars per month or one thousand
dollars annually, beginning from the date of issue, for all
movements under the special permit made on state highways
within a heavy haul industrial corridor. Within a port district
property, under no circumstances are the for hire carriers or
rail customers responsible for the purchase or cost of the permits. All funds collected, except the amount retained by
authorized agents of the department under RCW 46.44.096,
must be forwarded to the state treasurer and deposited in the
motor vehicle fund.
(4) For purposes of this section, an overweight sealed
container used in international trade, including its contents, is
considered nondivisible when transported within a heavy
haul industrial corridor defined by the department.
(5) Any agreement entered into by the department as
authorized under this section with a port district adjacent to
Puget Sound and located within a county that has a population of more than seven hundred thousand, but less than one
million, must limit the applicability of any established heavy
haul corridor to that portion of state route no. 509 beginning
at milepost 0.25 in the vicinity of East ’D’ Street and ending
at milepost 3.88 in the vicinity of Taylor Way.
(6) The department of transportation may adopt reasonable rules to implement this section. [2008 c 89 § 1; 2005 c
311 § 1.]
46.44.092 Special permits—Overall width limits,
exceptions—Application for permit. Special permits may
not be issued for movements on any state highway outside the
limits of any city or town in excess of the following widths:
On two-lane highways, fourteen feet;
On multiple-lane highways where a physical barrier
serving as a median divider separates opposing traffic lanes,
twenty feet;
On multiple-lane highways without a physical barrier
serving as a median divider, thirty-two feet.
46.44.092
(2008 Ed.)
46.44.092
These limits apply except under the following conditions:
(1) In the case of buildings, the limitations referred to in
this section for movement on any two lane state highway
other than the national system of interstate and defense highways may be exceeded under the following conditions: (a)
Controlled vehicular traffic shall be maintained in one direction at all times; (b) the maximum distance of movement
shall not exceed five miles; additional contiguous permits
shall not be issued to exceed the five-mile limit: PROVIDED, That when the department of transportation determines a hardship would result, this limitation may be
exceeded upon approval of the department of transportation;
(c) prior to issuing a permit a qualified transportation department employee shall make a visual inspection of the building
and route involved determining that the conditions listed
herein shall be complied with and that structures or overhead
obstructions may be cleared or moved in order to maintain a
constant and uninterrupted movement of the building; (d)
special escort or other precautions may be imposed to assure
movement is made under the safest possible conditions, and
the Washington state patrol shall be advised when and where
the movement is to be made;
(2) Permits may be issued for widths of vehicles in
excess of the preceding limitations on highways or sections
of highways which have been designed and constructed for
width in excess of such limitations;
(3) Permits may be issued for vehicles with a total outside width, including the load, of nine feet or less when the
vehicle is equipped with a mechanism designed to cover the
load pursuant to RCW 46.61.655;
(4) These limitations may be rescinded when certification is made by military officials, or by officials of public or
private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary
movement or action: PROVIDED FURTHER, That in the
judgment of the department of transportation the structures
and highway surfaces on the routes involved are capable of
sustaining widths in excess of such limitation;
(5) These limitations shall not apply to movement during
daylight hours on any two lane state highway where the gross
weight, including load, does not exceed eighty thousand
pounds and the overall width of load does not exceed sixteen
feet: PROVIDED, That the minimum and maximum speed
of such movements, prescribed routes of such movements,
the times of such movements, limitation upon frequency of
trips (which limitation shall be not less than one per week),
and conditions to assure safety of traffic may be prescribed
by the department of transportation or local authority issuing
such special permit.
The applicant for any special permit shall specifically
describe the vehicle or vehicles and load to be operated or
moved and the particular state highways for which permit to
operate is requested and whether such permit is requested for
a single trip or for continuous operation. [2006 c 334 § 18;
1989 c 398 § 2; 1981 c 63 § 1; 1977 ex.s. c 151 § 32; 1975’76 2nd ex.s. c 64 § 15; 1970 ex.s. c 9 § 1; 1969 ex.s. c 281 §
60; 1965 ex.s. c 170 § 39; 1963 ex.s. c 3 § 54; 1961 c 12 §
46.44.092. Prior: 1959 c 319 § 29; 1955 c 146 § 2; 1951 c
269 § 36; prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part;
[Title 46 RCW—page 197]
46.44.093
Title 46 RCW: Motor Vehicles
1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949
§ 6360-55, part.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.093 Special permits—Discretion of issuer—
Conditions. The department of transportation or the local
authority is authorized to issue or withhold such special permit at its discretion, although where a mobile home is being
moved, the verification of a valid license under chapter 46.70
RCW as a mobile home dealer or manufacturer, or under
chapter 46.76 RCW as a transporter, shall be done by the
department or local government. If the permit is issued, the
department or local authority may limit the number of trips,
establish seasonal or other time limitations within which the
vehicle described may be operated on the public highways
indicated, or otherwise limit or prescribe conditions of operation of the vehicle or vehicles when necessary to assure
against undue damage to the road foundation, surfaces, or
structures or safety of traffic and may require such undertaking or other security as may be deemed necessary to compensate for injury to any roadway or road structure. [1988 c 239
§ 3; 1984 c 7 § 55; 1961 c 12 § 46.44.093. Prior: 1951 c 269
§ 37; prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945
c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 §
6360-55, part.]
46.44.093
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.0941 Special permits—Fees. The following
fees, in addition to the regular license and tonnage fees, shall
be paid for all movements under special permit made upon
state highways. All funds collected, except the amount
retained by authorized agents of the department as provided
in RCW 46.44.096, shall be forwarded to the state treasury
and shall be deposited in the motor vehicle fund:
46.44.0941
All overlegal loads, except overweight, single
trip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days . . . . . . . . . . . . .$ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year. . . . . . . . . . . . . . . . . . . . . . $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year . . . . . . . . . . . . . $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
[Title 46 RCW—page 198]
to exceed thirty days . . . . . . . . . . . . . . . . . . . . . .$ 70.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90.00
Continuous movement of a mobile home or manufactured
home having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
Continuous operation of a class C tow truck or a
class E tow truck with a class C rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
Continuous operation of a class B tow truck or a
class E tow truck with a class B rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded
period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit
issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period . . . . . . . . . . . . . . . . .$ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year. . . . . . . . . . .$ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period . .$ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year. . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00
(2008 Ed.)
Size, Weight, Load
Overweight Fee Schedule
Excess weight over legal capacity,
as provided in RCW 46.44.041.
Cost per mile.
0- 9,999 pounds . . . . . . . . . . . . . . . . .
10,000-14,999 pounds . . . . . . . . . . . . . . . . .
15,000-19,999 pounds . . . . . . . . . . . . . . . . .
20,000-24,999 pounds . . . . . . . . . . . . . . . . .
25,000-29,999 pounds . . . . . . . . . . . . . . . . .
30,000-34,999 pounds . . . . . . . . . . . . . . . . .
35,000-39,999 pounds . . . . . . . . . . . . . . . . .
40,000-44,999 pounds . . . . . . . . . . . . . . . . .
45,000-49,999 pounds . . . . . . . . . . . . . . . . .
50,000-54,999 pounds . . . . . . . . . . . . . . . . .
55,000-59,999 pounds . . . . . . . . . . . . . . . . .
60,000-64,999 pounds . . . . . . . . . . . . . . . . .
65,000-69,999 pounds . . . . . . . . . . . . . . . . .
70,000-74,999 pounds . . . . . . . . . . . . . . . . .
75,000-79,999 pounds . . . . . . . . . . . . . . . . .
80,000-84,999 pounds . . . . . . . . . . . . . . . . .
85,000-89,999 pounds . . . . . . . . . . . . . . . . .
90,000-94,999 pounds . . . . . . . . . . . . . . . . .
95,000-99,999 pounds . . . . . . . . . . . . . . . . .
100,000 pounds . . . . . . . . . . . . . . . . .
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
.07
.14
.21
.28
.35
.49
.63
.79
.93
1.14
1.35
1.56
1.77
2.12
2.47
2.82
3.17
3.52
3.87
4.25
The fee for weights in excess of 100,000 pounds is $4.25 plus
fifty cents for each 5,000 pound increment or portion thereof
exceeding 100,000 pounds.
PROVIDED: (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an
amount less than even dollars the fee shall be carried to the
next full dollar if fifty cents or over and shall be reduced to
the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do
not apply to vehicles owned and operated by the state of
Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government. [2004 c 109 § 1; 1995 c 171 § 2. Prior:
1994 c 172 § 2; 1994 c 59 § 1; 1993 c 102 § 4; 1990 c 42 §
107; 1989 c 398 § 1; 1985 c 351 § 5; 1983 c 278 § 3; 1979
ex.s. c 113 § 5; 1975-’76 2nd ex.s. c 64 § 16; 1975 1st ex.s. c
168 § 2; 1973 1st ex.s. c 1 § 3; 1971 ex.s. c 248 § 3; 1967 c
174 § 8; 1965 c 137 § 2.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.095 Temporary additional tonnage permits—
Fees. When a combination of vehicles has been licensed to a
total gross weight of 80,000 pounds or when a three or more
axle single unit vehicle has been licensed to a total gross
weight of 40,000 pounds, a temporary additional tonnage
permit to haul loads in excess of these limits may be issued.
This permit is valid for periods of not less than five days at
46.44.095
(2008 Ed.)
46.44.096
two dollars and eighty cents per day for each two thousand
pounds or fraction thereof. The fee may not be prorated. The
permits shall authorize the movement of loads not exceeding
the weight limits set forth in RCW 46.44.041 and 46.44.042.
[1993 c 102 § 5; 1990 c 42 § 108; 1989 c 398 § 3; 1988 c 55
§ 1; 1983 c 68 § 2; 1979 c 158 § 159; 1977 ex.s. c 151 § 33;
1975-’76 2nd ex.s. c 64 § 17; 1974 ex.s. c 76 § 1; 1973 1st
ex.s. c 150 § 3; 1969 ex.s. c 281 § 55; 1967 ex.s. c 94 § 15;
1967 c 32 § 51; 1965 ex.s. c 170 § 38; 1961 ex.s. c 7 § 15;
1961 c 12 § 46.44.095. Prior: 1959 c 319 § 31; 1957 c 273 §
18; 1955 c 185 § 1; 1953 c 254 § 13; 1951 c 269 § 39; prior:
1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1,
part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.096 Special permits—Determining fee—To
whom paid. In determining fees according to RCW
46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of
the department of transportation, and the gross weight of the
vehicle or vehicles, including load, shall be declared by the
applicant. Overweight on which fees shall be paid will be
gross loadings in excess of loadings authorized by law or axle
loadings in excess of loadings authorized by law, whichever
is the greater. Loads which are overweight and oversize shall
be charged the fee for the overweight permit without additional fees being assessed for the oversize features.
Special permits issued under RCW 46.44.047,
46.44.0941, or 46.44.095, may be obtained from offices of
the department of transportation, ports of entry, or other
agents appointed by the department.
The department may appoint agents for the purposes of
selling special motor vehicle permits, temporary additional
tonnage permits, and log tolerance permits. Agents so
appointed may retain three dollars and fifty cents for each
permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of
transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the
motor vehicle fund.
The department may select a third party contractor, by
means of competitive bid, to perform the department’s permit
issuance function, as provided under RCW 46.44.090. Factors the department shall consider, but is not limited to, in the
selection of a third party contractor are economic benefit to
both the department and the motor carrier industry, and
enhancement of the overall level of permit service. For purposes of this section, "third party contractor" means a business entity that is authorized by the department to issue special permits. The department of transportation may adopt
rules specifying the criteria that a business entity must meet
in order to qualify as a third party contractor under this section.
46.44.096
[Title 46 RCW—page 199]
46.44.098
Title 46 RCW: Motor Vehicles
Fees established in RCW 46.44.0941 shall be paid to the
political body issuing the permit if the entire movement is to
be confined to roads, streets, or highways for which that
political body is responsible. When a movement involves a
combination of state highways, county roads, and/or city
streets the fee shall be paid to the department of transportation. When a movement is confined within the city limits of
a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town
involved. A permit will not be required from city or town
authorities for a move involving a combination of city or
town streets and state highways when the move through a city
or town is being confined to the route of the state highway.
When a move involves a combination of county roads and
city streets the fee shall be paid to the county authorities, but
the fee shall not be collected nor the county permit issued
until valid permits are presented showing that the city or town
authorities approve of the move in question. When the movement involves only county roads the fees collected shall be
paid to the county involved. Fees established shall be paid to
the political body issuing the permit if the entire use of the
vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political
body is responsible. [2006 c 334 § 19; 1996 c 92 § 1; 1993 c
102 § 6; 1989 c 398 § 4; 1984 c 7 § 56; 1975-’76 2nd ex.s. c
64 § 18; 1971 ex.s. c 248 § 4; 1969 ex.s. c 281 § 31; 1961 c
12 § 46.44.096. Prior: 1955 c 185 § 2; 1951 c 269 § 40;
prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177
§ 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.098 Increase in federal limits on sizes and
weights—Increases by commission. If the congress of the
United States further amends section 127, Title 23 of the
United States Code, authorizing increased sizes and weights,
the Washington state department of transportation may
authorize the operation of vehicles and combinations of vehicles upon completed portions of the interstate highway system and other designated state highways if determined to be
capable of accommodating the increased sizes and weights in
excess of those prescribed in RCW 46.44.041, or as provided
in RCW 46.44.010 and 46.44.037. The permitted increases
shall not in any way exceed the federal limits which would
jeopardize the state’s allotment of federal funds. [1984 c 7 §
57; 1975-’76 2nd ex.s. c 64 § 19; 1965 c 38 § 1.]
46.44.098
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.101 Interstate travel by specialized equipment.
The department of transportation may, within the provisions
set forth in this chapter, adopt rules for size and weight criteria relating to vehicles considered to be specialized equipment by the federal highway administration for interstate
46.44.101
[Title 46 RCW—page 200]
travel or as determined by the department for intrastate travel.
[2005 c 189 § 3.]
46.44.105 Enforcement procedures—Penalties—
Rules. (1) Violation of any of the provisions of this chapter
is a traffic infraction, and upon the first finding thereof shall
be assessed a basic penalty of not less than fifty dollars; and
upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or
subsequent finding shall be assessed a basic penalty of not
less than one hundred dollars.
(2) In addition to the penalties imposed in subsection (1)
of this section, any person violating RCW 46.44.041,
46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095
shall be assessed a penalty for each pound overweight, as follows:
(a) One pound through four thousand pounds overweight
is three cents for each pound;
(b) Four thousand one pounds through ten thousand
pounds overweight is one hundred twenty dollars plus twelve
cents per pound for each additional pound over four thousand
pounds overweight;
(c) Ten thousand one pounds through fifteen thousand
pounds overweight is eight hundred forty dollars plus sixteen
cents per pound for each additional pound over ten thousand
pounds overweight;
(d) Fifteen thousand one pounds through twenty thousand pounds overweight is one thousand six hundred forty
dollars plus twenty cents per pound for each additional pound
over fifteen thousand pounds overweight;
(e) Twenty thousand one pounds and more is two thousand six hundred forty dollars plus thirty cents per pound for
each additional pound over twenty thousand pounds overweight.
Upon a first violation in any calendar year, the court may
suspend the penalty for five hundred pounds of excess weight
for each axle on any vehicle or combination of vehicles, not
to exceed a two thousand pound suspension. In no case may
the basic penalty assessed in subsection (1) of this section or
the additional penalty assessed in subsection (2) of this section, except as provided for the first violation, be suspended.
(3) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a
monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same
power unit, suspend the certificate of license registration for
not less than thirty days.
(4) It is unlawful for the driver of a vehicle to fail or
refuse to stop and submit the vehicle and load to a weighing,
or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply
with the provisions of this section. It is unlawful for a driver
of a commercial motor vehicle as defined in RCW 46.32.005,
other than the driver of a bus as defined in RCW 46.32.005(3)
or a vehicle with a gross vehicle weight rating or gross combination weight rating of 7,257 kilograms or less (16,000
pounds or less) and not transporting hazardous materials in
accordance with RCW 46.32.005(4), to fail or refuse to stop
at a weighing station when proper traffic control signs indicate scales are open. However, unladen tow trucks regardless
46.44.105
(2008 Ed.)
Size, Weight, Load
of weight and farm vehicles carrying farm produce with a
gross vehicle weight rating or gross combination weight rating of 11,794 kilograms or less (26,000 pounds or less) may
fail or refuse to stop at a weighing station when proper traffic
control signs indicate scales are open.
Any police officer is authorized to require the driver of
any vehicle or combination of vehicles to stop and submit to
a weighing either by means of a portable or stationary scale
and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle
and load, determines that the weight is unlawful, the officer
may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is
removed as may be necessary to reduce the gross weight of
the vehicle to the limit permitted by law. If the vehicle is
loaded with grain or other perishable commodities, the driver
shall be permitted to proceed without removing any of the
load, unless the gross weight of the vehicle and load exceeds
by more than ten percent the limit permitted by this chapter.
The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
Any vehicle whose driver or owner represents that the
vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by
any police officer. The owner or driver shall be directed that
upon completion of repairs, the vehicle shall submit to
weighing with the load and markings and/or seal intact and
undisturbed. Failure to report for weighing, appearing for
weighing with the seal broken or the markings disturbed, or
removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined one thousand dollars, and in
addition the certificate of license registration shall be suspended for not less than thirty days.
(5) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
(6) For the purpose of determining additional penalties
as provided by subsection (2) of this section, "overweight"
means the poundage in excess of the maximum allowable
gross weight or axle/axle grouping weight prescribed by
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and
46.44.095.
(7) The penalties provided in subsections (1) and (2) of
this section shall be remitted as provided in chapter 3.62
RCW or RCW 10.82.070. For the purpose of computing the
basic penalties and additional penalties to be imposed under
subsections (1) and (2) of this section, the convictions shall
be on the same vehicle or combination of vehicles within a
twelve-month period under the same ownership.
(8) Any state patrol officer or any weight control officer
who finds any person operating a vehicle or a combination of
vehicles in violation of the conditions of a permit issued
under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of
transportation which may return it to the permittee or revoke,
cancel, or suspend it without refund. The department of
transportation shall keep a record of all action taken upon
permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation
shall be endorsed thereon. Any permittee whose permit is
(2008 Ed.)
46.44.110
suspended or revoked may upon request receive a hearing
before the department of transportation or person designated
by that department. After the hearing the department of
transportation may reinstate any permit or revise its previous
action.
Every permit issued as provided for in this chapter shall
be carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting
such a permit.
Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued
under RCW 46.44.095, the permit shall be canceled, and the
canceled permit shall be immediately transmitted by the court
or the arresting officer to the department of transportation.
The vehicle covered by the canceled permit is not eligible for
a new permit for a period of thirty days.
(9) For the purposes of determining gross weights the
actual scale weight taken by the arresting officer is prima
facie evidence of the total gross weight.
(10) It is a traffic infraction to direct the loading of a
vehicle with knowledge that it violates the requirements in
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090,
46.44.091, or 46.44.095 and that it is to be operated on the
public highways of this state.
(11) The chief of the state patrol, with the advice of the
department, may adopt reasonable rules to aid in the enforcement of this section. [2007 c 419 § 13. Prior: 2006 c 297 §
1; 2006 c 50 § 4; 2002 c 254 § 1; 1999 c 23 § 1; 1996 c 92 §
2; 1993 c 403 § 4; 1990 c 217 § 1; 1985 c 351 § 6; 1984 c 258
§ 327; 1984 c 7 § 58; 1979 ex.s. c 136 § 75; 1975-’76 2nd
ex.s. c 64 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.110 Liability for damage to highways, bridges,
etc. Any person operating any vehicle or moving any object
or conveyance upon any public highway in this state or upon
any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway,
bridge, or elevated structure may sustain as a result of any
illegal operation of the vehicle or the moving of any such
object or conveyance or as a result of the operation or moving
of any vehicle, object, or conveyance weighing in excess of
the legal weight limits allowed by law. This section applies to
any person operating any vehicle or moving any object or
contrivance in any illegal or negligent manner or without a
special permit as provided by law for vehicles, objects, or
contrivances that are overweight, overwidth, overheight, or
overlength. Any person operating any vehicle is liable for any
damage to any public highway, bridge, or elevated structure
sustained as the result of any negligent operation thereof.
46.44.110
[Title 46 RCW—page 201]
46.44.120
Title 46 RCW: Motor Vehicles
When the operator is not the owner of the vehicle, object, or
contrivance but is operating or moving it with the express or
implied permission of the owner, the owner and the operator
are jointly and severally liable for any such damage. Such
damage to any state highway or structure may be recovered in
a civil action instituted in the name of the state of Washington
by the department of transportation. Any measure of damage
to any public highway determined by the department of transportation by reason of this section is prima facie the amount
of damage caused thereby and is presumed to be the amount
recoverable in any civil action therefor. [1984 c 7 § 59; 1961
c 12 § 46.44.110. Prior: 1937 c 189 § 57; RRS 6360-57.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.120 Liability of owner, others, for violations.
Whenever an act or omission is declared to be unlawful in
chapter 46.44 RCW, the owner or lessee of any motor vehicle
involved in such act or omission is responsible therefor. Any
person knowingly and intentionally participating in creating
an unlawful condition of use, is also subject to the penalties
provided in this chapter for such unlawful act or omission.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 2; 1971 ex.s. c 148 § 1; 1969 ex.s. c 69
§ 1.]
46.44.120
46.44.130 Farm implements—Gross weight and size
limitation exception—Penalty. The limitations of RCW
46.44.010, 46.44.020, 46.44.030, and 46.44.041 shall not
apply to the movement of farm implements of less than fortyfive thousand pounds gross weight, a total length of seventy
feet or less, and a total outside width of fourteen feet or less
when being moved while patrolled, flagged, lighted, signed,
and at a time of day in accordance with rules hereby authorized to be adopted by the department of transportation and
the statutes. Violation of a rule adopted by the department as
authorized by this section or a term of this section is a traffic
infraction. [1979 ex.s. c 136 § 76; 1975-’76 2nd ex.s. c 64 §
20; 1975 1st ex.s. c 168 § 3; 1973 1st ex.s. c 1 § 1.]
46.44.130
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.140 Farm implements—Special permits—Penalty. In addition to any other special permits authorized by
law, special permits may be issued by the department of
transportation for a quarterly or annual period upon such
terms and conditions as it finds proper for the movement of
(1) farm implements used for the cutting or threshing of
mature crops; or (2) other farm implements that may be identified by rule of the department of transportation. Any farm
implement moved under this section must comply with RCW
46.44.091, have a gross weight of less than sixty-five thousand pounds, and have a total outside width of less than
twenty feet while being moved, and such movement must be
patrolled, flagged, lighted, signed, at a time of day, and oth46.44.140
[Title 46 RCW—page 202]
erwise in accordance with rules hereby authorized to be
adopted by the department of transportation for the control of
such movements.
Applications for and permits issued under this section
shall provide for a description of the farm implements to be
moved, the approximate dates of movement, and the routes of
movement so far as they are reasonably known to the applicant at the time of application, but the permit shall not be limited to these circumstances but shall be general in its application except as limited by the statutes and rules adopted by the
department of transportation.
A copy of the governing permit shall be carried on the
farm implement being moved during the period of its movement. The department shall collect a fee as provided in RCW
46.44.0941.
Violation of a term or condition under which a permit
was issued, of a rule adopted by the department of transportation as authorized by this section, or of a term of this section
is a traffic infraction. [2008 c 76 § 1; 1984 c 7 § 60; 1979
ex.s. c 136 § 77; 1973 1st ex.s. c 1 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.44.150 Highway improvement vehicles—Gross
weight limit excesses authorized—Limitations. The state,
county, or city authority having responsibility for the reconstruction or improvement of any public highway may, subject
to prescribed conditions and limitations, authorize vehicles
employed in such highway reconstruction or improvement to
exceed the gross weight limitations contained in RCW
46.44.041 and 46.44.042 without a special permit or additional fees as prescribed by chapter 46.44 RCW, but only
while operating within the boundaries of project limits as
defined in the public works contract or plans. [1983 c 3 §
121; 1975 1st ex.s. c 63 § 1.]
46.44.150
46.44.170 Mobile home or park model trailer movement special permit and decal—Responsibility for
taxes—License plates—Rules. (1) Any person moving a
mobile home as defined in RCW 46.04.302 or a park model
trailer as defined in RCW 46.04.622 upon public highways of
the state must obtain:
(a) A special permit from the department of transportation and local authorities pursuant to RCW 46.44.090 and
46.44.093 and shall pay the proper fee as prescribed by RCW
46.44.0941 and 46.44.096; and
(b) For mobile homes constructed before June 15, 1976,
and already situated in the state: (i) A certification from the
department of labor and industries that the mobile home was
inspected for fire safety; or (ii) an affidavit in the form prescribed by the department of community, trade, and economic development signed by the owner at the county treasurer’s office at the time of the application for the movement
permit stating that the mobile home is being moved by the
owner for his or her continued occupation or use; or (iii) a
copy of the certificate of ownership or title together with an
affidavit signed under penalty of perjury by the certified
owner stating that the mobile home is being transferred to a
wrecking yard or similar facility for disposal. In addition, the
destroyed mobile home must be removed from the assess46.44.170
(2008 Ed.)
Size, Weight, Load
ment rolls of the county and any outstanding taxes on the
destroyed mobile home must be removed by the county treasurer.
(2) A special permit issued as provided in subsection (1)
of this section for the movement of any mobile home or a
park model trailer that is assessed for purposes of property
taxes shall not be valid until the county treasurer of the
county in which the mobile home or park model trailer is
located shall endorse or attach his or her certificate that all
property taxes which are a lien or which are delinquent, or
both, upon the mobile home or park model trailer being
moved have been satisfied. Further, any mobile home or park
model trailer required to have a special movement permit
under this section shall display an easily recognizable decal.
However, endorsement or certification by the county treasurer and the display of the decal is not required:
(a) When a mobile home or park model trailer is to enter
the state or is being moved from a manufacturer or distributor
to a retail sales outlet or directly to the purchaser’s designated
location or between retail and sales outlets;
(b) When a signed affidavit of destruction is filed with
the county assessor and the mobile home or park model
trailer is being moved to a disposal site by a landlord as
defined in RCW 59.20.030 after (i) the mobile home or park
model trailer has been abandoned as defined in RCW
59.20.030; or (ii) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of
the landlord with regard to the mobile home or park model
trailer. The mobile home or park model trailer will be
removed from the tax rolls and, upon notification by the
assessor, any outstanding taxes on the destroyed mobile
home or park model trailer will be removed by the county
treasurer; or
(c) When a signed affidavit of destruction is filed with
the county assessor by any mobile home or park model trailer
owner or any property owner with an abandoned mobile
home or park model trailer, the same shall be removed from
the tax rolls and upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model
trailer shall be removed by the county treasurer.
(3) If the landlord of a mobile home park takes ownership of a mobile home or park model trailer with the intent to
resell or rent the same under RCW 59.20.030 after (a) the
mobile home or park model trailer has been abandoned as
defined in RCW 59.20.030; or (b) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home
or park model trailer, the outstanding taxes become the
responsibility of the landlord.
(4) It is the responsibility of the owner of the mobile
home or park model trailer subject to property taxes or the
agent to obtain the endorsement and decal from the county
treasurer before a mobile home or park model trailer is
moved.
(5) This section does not prohibit the issuance of vehicle
license plates for a mobile home or park model trailer subject
to property taxes, but plates shall not be issued unless the
mobile home or park model trailer subject to property taxes
for which plates are sought has been listed for property tax
purposes in the county in which it is principally located and
the appropriate fee for the license has been paid.
(2008 Ed.)
46.44.175
(6) The department of transportation, the department of
labor and industries, and local authorities are authorized to
adopt reasonable rules for implementing the provisions of
this section. The department of transportation shall adopt
rules specifying the design, reflective characteristics, annual
coloration, and for the uniform implementation of the decal
required by this section. By January 1, 2006, the department
of labor and industries shall also adopt procedures for notifying destination local jurisdictions concerning the arrival of
mobile homes that failed safety inspections. [2005 c 399 § 1;
2004 c 79 § 4; 2003 c 61 § 1; 2002 c 168 § 6; 1986 c 211 § 4.
Prior: 1985 c 395 § 1; 1985 c 22 § 1; 1980 c 152 § 1; 1977
ex.s. c 22 § 2.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.173 Notice to treasurer and assessor of county
where mobile home or park trailer to be located. (1) Upon
validation of a special permit as provided in RCW 46.44.170,
the county treasurer shall forward notice of movement of the
mobile home or park model trailer subject to property taxes to
the treasurer’s own county assessor and to the county assessor of the county in which the mobile home or park model
trailer will be located.
(2) When a single trip special permit not requiring tax
certification is issued, the department of transportation or the
local authority shall notify the assessor of the county in which
the mobile home or park model trailer is to be located. When
a continuous trip special permit is used to transport a mobile
home or park model trailer not requiring tax certification, the
transporter shall notify the assessor of the county in which the
mobile home or park model trailer is to be located. Notification is not necessary when the destination of a mobile home
or park model trailer is a manufacturer, distributor, retailer, or
location outside the state.
(3) A notification under this section shall state the specific, residential destination of the mobile home or park
model trailer. [2002 c 168 § 7; 1984 c 7 § 61; 1977 ex.s. c 22
§ 3.]
46.44.173
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.175 Penalties—Hearing. (1) Failure of any person or agent acting for a person who causes to be moved or
moves a mobile home as defined in RCW 46.04.302 upon
public highways of this state and failure to comply with any
of the provisions of RCW 46.44.170 and 46.44.173 is a traffic
infraction for which a penalty of not less than one hundred
dollars or more than five hundred dollars shall be assessed.
In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special
permit or suspend a continuous special permit as provided by
RCW 46.44.090 and 46.44.093 for a period of not less than
thirty days.
(2) Any person who shall alter, reuse, transfer, or forge
the decal required by RCW 46.44.170, or who shall display a
decal knowing it to have been forged, reused, transferred, or
altered, shall be guilty of a gross misdemeanor.
(3) Any person or agent who is denied a special permit or
whose special permit is suspended may upon request receive
a hearing before the department of transportation or the local
46.44.175
[Title 46 RCW—page 203]
46.44.180
Title 46 RCW: Motor Vehicles
authority having jurisdiction. The department or the local
authority after such hearing may revise its previous action.
[2003 c 53 § 239; 1995 c 38 § 11; 1994 c 301 § 15; 1985 c 22
§ 2; 1979 ex.s. c 136 § 78; 1977 ex.s. c 22 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.180 Operation of mobile home pilot vehicle
without insurance unlawful—Amounts—Exception—
Penalty. (1) It is unlawful for a person, other than an
employee of a dealer or other principal licensed to transport
mobile homes within this state acting within the course of
employment with the principal, to operate a pilot vehicle
accompanying a mobile home, as defined in RCW 46.04.302,
being transported on the public highways of this state, without maintaining insurance for the pilot vehicle in the minimum amounts of:
(a) One hundred thousand dollars for bodily injury to or
death of one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to
or death of two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction of
property of others in any one accident.
(2) Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which
evidence shall be displayed upon demand by a police officer.
(3) Failure to maintain the insurance as required by this
section is a gross misdemeanor.
(4) Failure to carry or disclose the evidence of the insurance as required by this section is a misdemeanor. [2003 c 53
§ 240; 1980 c 153 § 3.]
46.44.180
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.44.190 Fire-fighting apparatus. (1) As used in this
section, "fire-fighting apparatus" means a vehicle or combination of vehicles, owned by a regularly organized fire suppression agency, designed, maintained, and used exclusively
for fire suppression and rescue or for fire prevention activities. These vehicles and associated loads or equipment are
necessary to protect the public safety and are considered nondivisible loads. A vehicle or combination of vehicles that is
not designed primarily for fire suppression including, but not
limited to, a hazardous materials response vehicle, bus,
mobile kitchen, mobile sanitation facility, and heavy equipment transport vehicle is not a fire-fighting apparatus for purposes of this section.
(2) Fire-fighting apparatus must comply with all applicable federal and state vehicle operating and safety criteria,
including rules adopted by agencies within each jurisdiction.
(3) All owners and operators of fire-fighting apparatus
shall comply with current information, provided by the
department, regarding the applicable load restrictions of state
and local bridges within the designated fire service area,
including any automatic or mutual aid agreement areas.
46.44.190
[Title 46 RCW—page 204]
(4) Fire-fighting apparatus operating within a fire district
or municipal department boundary of the owner of the apparatus, including any automatic or mutual aid agreement areas,
may operate without a permit if:
(a) The weight does not exceed:
(i) 600 pounds per inch width of tire;
(ii) 24,000 pounds on a single axle;
(iii) 43,000 pounds on a tandem axle set;
(iv) 67,000 pounds gross vehicle weight, subject to the
gross weight limits of RCW 46.44.091(1) (c), (d), and (e);
(v) The tire manufacturer’s tire load rating.
(b) There is no tridem axle set.
(c) The dimensions do not exceed:
(i) 8 feet, 6 inches wide;
(ii) 14 feet high;
(iii) 50 feet overall length;
(iv) 15 foot front overhang;
(v) Rear overhang not exceeding the length of the wheel
base.
(5) Operators of fire-fighting apparatus that exceed the
weight limits in subsection (4) of this section must apply for
an overweight permit with the department. The maximum
weight a fire-fighting apparatus may weigh is 50,000 pounds
on the tandem axle set, and may not exceed 600 pounds per
inch width of tire. The maximum weight limit must include
the weight of a full water tank, if applicable, all equipment
necessary for operation, and the normal number of personnel
usually assigned to be on board, or four personnel, whichever
is greater. At least four personnel must be physically present
at the time the apparatus is weighed.
(6) When applying for a permit, a current weight slip
from a certified scale must be attached to the department’s
application form. Upon receiving an application, the department shall transmit it to the local jurisdictions in which the
fire-fighting apparatus will be operating, so that the local
jurisdictions can make a determination on the need for local
travel and route restrictions within the operating area. The
department shall issue a permit within twenty days of receiving a permit application and shall issue the permit on an
annual basis for the apparatus to operate on the state highway
system, with reference made to applicable load restrictions
and any other limitations stipulated on the permit, including
limitations placed by local jurisdictions.
(7) Fire-fighting apparatus in operation in this state
before June 13, 2002, and privately owned industrial firefighting apparatus used for purposes of providing emergency
response and mutual aid are each exempt from subsections
(4) and (5) of this section. However, operators of the exempt
fire-fighting apparatus must still obtain an annual permit
under subsection (6) of this section.
(8) Fire-fighting apparatus without the proper overweight permits are prohibited from being operated on city,
county, or state roadways until the apparatus is within legal
weight limits and a current permit has been issued by the
department. When the permit is issued, the fire district must
notify the Washington state patrol that the apparatus is in
compliance with overweight permit regulations.
(9) The Washington state patrol may conduct random
spot checks of fire-fighting apparatus to ensure compliance
with overweight permit regulations. If a fire-fighting apparatus is found to be not in compliance with overweight permit
(2008 Ed.)
Accidents—Reports—Abandoned Vehicles
regulations, the state patrol shall issue a violation notice to
the fire department stating this fact and prohibiting operation
of the apparatus on city, county, and state roadways.
(10) It is a traffic infraction to continue to operate a firefighting apparatus on the roadways after a violation notice
has been issued. The following penalties apply:
(a) For a first offense, the penalty will be no less than
fifty dollars but no more than fifty dollars;
(b) For a second offense, the penalty will be no less than
seventy-five dollars;
(c) For a third or subsequent offense, the penalty will be
no less than one hundred dollars.
(11) No individual liability attaches to an employee or
volunteer of the penalized fire department. [2002 c 231 § 1;
2001 c 262 § 3.]
Chapter 46.48 RCW
TRANSPORTATION OF HAZARDOUS MATERIALS
Chapter 46.48
Sections
46.48.170
46.48.175
46.48.180
46.48.185
State patrol authority—Rules and regulations.
Rules—Penalties—Responsibility for compliance.
State patrol study to insure uniformity of regulations.
Inspections.
Hazardous materials incident command agency, state patrol as: RCW
70.136.030.
46.48.170 State patrol authority—Rules and regulations. The Washington state patrol acting by and through the
chief of the Washington state patrol shall have the authority
to adopt and enforce the regulations promulgated by the
United States department of transportation, Title 49 CFR
parts 100 through 199, transportation of hazardous materials,
as these regulations apply to motor carriers. "Motor carrier"
means any person engaged in the transportation of passengers
or property operating interstate and intrastate upon the public
highways of this state, except farmers. The chief of the Washington state patrol shall confer with the emergency management council under RCW 38.52.040 and may make rules and
regulations pertaining thereto, sufficient to protect persons
and property from unreasonable risk of harm or damage. The
chief of the Washington state patrol shall establish such additional rules not inconsistent with Title 49 CFR parts 100
through 199, transportation of hazardous materials, which for
compelling reasons make necessary the reduction of risk
associated with the transportation of hazardous materials. No
such rules may lessen a standard of care; however, the chief
of the Washington state patrol may, after conferring with the
emergency management council, establish a rule imposing a
more stringent standard of care. The chief of the Washington
state patrol shall appoint the necessary qualified personnel to
carry out the provisions of RCW 46.48.170 through
*46.48.190. [1988 c 81 § 19; 1980 c 20 § 1; 1961 c 12 §
46.48.170. Prior: 1951 c 102 § 1; 1949 c 101 § 1; Rem. Supp.
1949 § 6360-63a.]
46.48.170
*Reviser’s note: RCW 46.48.190 was repealed by 1988 c 81 § 20.
46.48.175 Rules—Penalties—Responsibility for compliance. Each violation of any rules and/or regulations made
pursuant to RCW 46.48.170 or 81.80.290 pertaining to vehi46.48.175
(2008 Ed.)
Chapter 46.52
cle equipment on motor carriers transporting hazardous material shall be a misdemeanor.
Bail for such a violation shall be set at a minimum of one
hundred dollars. The fine for such a violation shall be not less
than two hundred dollars nor more than five hundred dollars.
Compliance with the provisions of this chapter is the primary
responsibility of the owner or lessee of the vehicle or any
vehicle used in combination that is cited in the violation.
[1980 c 104 § 1; 1961 c 12 § 46.48.175. Prior: 1951 c 102 §
2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.48.180 State patrol study to insure uniformity of
regulations. The Washington state patrol shall make a study
of the United States department of transportation regulations
pertaining to Title 49 CFR, parts 100 through 199, and the
laws of this state pertaining to the same subject in order that
the chief of the Washington state patrol may make necessary
and proper recommendations to the legislature and state
departments from time to time to bring about uniformity
between the laws and regulations of the federal government
and this state in regard to the transportation of such materials.
[1980 c 20 § 2; 1961 c 12 § 46.48.180. Prior: 1949 c 101 §
2; Rem. Supp. 1949 § 6360-63b.]
46.48.180
46.48.185 Inspections. The chief of the Washington
state patrol shall direct the necessary qualified personnel to
inspect the cargo of any motor carriers vehicle transporting
hazardous material, inspect for proper securing, and inspect
for the combined loading of cargo which would be inconsistent with the provisions of Title 49 CFR, parts 100 through
199. Authorized personnel inspecting loads of hazardous
material shall do so in the presence of a representative of the
motor carrier. Seal and locking devices may be removed as
necessary to facilitate the inspection. The seals or locking
devices removed shall be replaced by the Washington state
patrol with a written form approved by the chief to certify
seal or locking device removal for inspection of the cargo.
[1980 c 20 § 3.]
46.48.185
Chapter 46.52
Chapter 46.52 RCW
ACCIDENTS—REPORTS—
ABANDONED VEHICLES
Sections
46.52.010
46.52.020
46.52.030
46.52.035
46.52.040
46.52.050
46.52.060
46.52.065
46.52.070
46.52.080
46.52.083
46.52.085
46.52.088
46.52.090
Duty on striking unattended car or other property—Penalty.
Duty in case of personal injury or death or damage to attended
vehicle or other property—Penalties.
Accident reports.
Accident reports—Suspension of license or permit for failure
to make report.
Accident reports—Report when operator disabled.
Coroner’s reports to sheriff and state patrol.
Tabulation and analysis of reports—Availability for use.
Blood samples to state toxicologist—Analysis—Availability,
admissibility of reports.
Police officer’s report.
Confidentiality of reports—Information required to be disclosed—Evidence.
Confidentiality of reports—Availability of factual data to
interested parties.
Confidentiality of reports—Fee for written information.
Reports—False information.
Reports of major repairs, etc.—Violations, penalties—
Rules—Exceptions for older vehicles.
[Title 46 RCW—page 205]
46.52.010
46.52.100
46.52.101
46.52.120
46.52.130
46.52.190
Title 46 RCW: Motor Vehicles
Record of traffic charges—Reports of court—District court
venue—Driving under influence of liquor or drugs.
Records of traffic charges, dispositions.
Case record of convictions and infractions—Cross-reference
to accident reports.
Abstract of driving record—Access—Fees—Penalty.
Abandoned vehicles or hulks—Impoundment—Notification—Hearing—Liability for charges—Nonpayment penalty.
Abandoned, unauthorized vehicles generally: Chapter 46.55 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Removal of certain vehicles from roadway: RCW 46.55.113, 46.55.115,
46.61.590.
Vehicle wreckers: Chapter 46.80 RCW.
46.52.010 Duty on striking unattended car or other
property—Penalty. (1) The operator of any vehicle which
collided with any other vehicle which is unattended shall
immediately stop and shall then and there either locate and
notify the operator or owner of such vehicle of the name and
address of the operator and owner of the vehicle striking the
unattended vehicle or shall leave in a conspicuous place in
the vehicle struck a written notice, giving the name and
address of the operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident
resulting only in damage to property fixed or placed upon or
adjacent to any public highway shall take reasonable steps to
locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator
and owner of the vehicle striking such property, or shall leave
in a conspicuous place upon the property struck a written
notice, giving the name and address of the operator and of the
owner of the vehicle so striking the property, and such person
shall further make report of such accident as in the case of
other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 241; 1979 ex.s. c 136 § 79; 1961 c 12
§ 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133;
1927 c 309 § 50, part; RRS § 6362-50, part.]
46.52.010
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
46.52.020 Duty in case of personal injury or death or
damage to attended vehicle or other property—Penalties.
(1) A driver of any vehicle involved in an accident resulting
in the injury to or death of any person or involving striking
the body of a deceased person shall immediately stop such
vehicle at the scene of such accident or as close thereto as
possible but shall then forthwith return to, and in every event
remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every
such stop shall be made without obstructing traffic more than
is necessary.
(2)(a) The driver of any vehicle involved in an accident
resulting only in damage to a vehicle which is driven or
attended by any person or damage to other property must
46.52.020
[Title 46 RCW—page 206]
move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a
location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver
shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.
(b) A law enforcement officer or representative of the
department of transportation may cause a motor vehicle,
cargo, or debris to be moved from the roadway; and neither
the department of transportation representative, nor anyone
acting under the direction of the officer or the department of
transportation representative is liable for damage to the motor
vehicle, cargo, or debris caused by reasonable efforts of
removal.
(3) Unless otherwise provided in subsection (7) of this
section the driver of any vehicle involved in an accident
resulting in injury to or death of any person, or involving
striking the body of a deceased person, or resulting in damage
to any vehicle which is driven or attended by any person or
damage to other property shall give his or her name, address,
insurance company, insurance policy number, and vehicle
license number and shall exhibit his or her vehicle driver’s
license to any person struck or injured or the driver or any
occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that
such treatment is necessary or if such carrying is requested by
the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance
with the provisions of this subsection be evidence of the liability of any driver for such accident.
(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of
the requirements of subsection (3) of this section in the case
of an accident resulting in death is guilty of a class B felony
and, upon conviction, is punishable according to chapter
9A.20 RCW.
(b) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
requirements of subsection (3) of this section in the case of an
accident resulting in injury is guilty of a class C felony and,
upon conviction, is punishable according to chapter 9A.20
RCW.
(c) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
requirements of subsection (3) of this section in the case of an
accident involving striking the body of a deceased person is
guilty of a gross misdemeanor.
(d) This subsection shall not apply to any person injured
or incapacitated by such accident to the extent of being physically incapable of complying with this section.
(5) Any driver covered by the provisions of subsection
(2) of this section failing to stop or to comply with any of the
requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person
injured or incapacitated by such accident to the extent of
being physically incapable of complying herewith.
(2008 Ed.)
Accidents—Reports—Abandoned Vehicles
(6) The license or permit to drive or any nonresident
privilege to drive of any person convicted under this section
or any local ordinance consisting of substantially the same
language as this section of failure to stop and give information or render aid following an accident with any vehicle
driven or attended by any person shall be revoked by the
department.
(7) If none of the persons specified are in condition to
receive the information to which they otherwise would be
entitled under subsection (3) of this section, and no police
officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of subsections
(1) and (3) of this section insofar as possible on his or her part
to be performed, shall forthwith report such accident to the
nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this
section. [2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 § 1; 1990
c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80; 1975-’76 2nd
ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14;
1967 c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 §
134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50,
part.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 97: "This 1980 act shall take effect on July 1,
1980." [1980 c 97 § 3.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Arrest of person violating duty in case of injury to or death of person or damage to attended vehicle: RCW 10.31.100.
46.52.030 Accident reports. (1) Unless a report is to be
made by a law enforcement officer under subsection (3) of
this section, the driver of any vehicle involved in an accident
resulting in injury to or death of any person or damage to the
property of any one person to an apparent extent equal to or
greater than the minimum amount established by rule
adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four
days after such accident, make a written report of such accident to the chief of police of the city or town if such accident
occurred within an incorporated city or town or the county
sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits
accident reports from being filed by drivers where damage to
property is less than the minimum amount or where a law
enforcement officer has submitted a report.
(2) The original of the report shall be immediately forwarded by the authority receiving the report to the chief of
the Washington state patrol at Olympia, Washington. The
Washington state patrol shall give the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an
accident for which a report is required under subsection (1) of
this section shall submit an investigator’s report as required
by RCW 46.52.070.
(4) The chief of the Washington state patrol may require
any driver of any vehicle involved in an accident, of which
report must be made as provided in this section, to file supplemental reports whenever the original report in the chief’s
46.52.030
(2008 Ed.)
46.52.030
opinion is insufficient, and may likewise require witnesses of
any such accident to render reports. For this purpose, the
chief of the Washington state patrol shall prepare and, upon
request, supply to any police department, coroner, sheriff,
and any other suitable agency or individual, sample forms of
accident reports required hereunder, which reports shall be
upon a form devised by the chief of the Washington state
patrol and shall call for sufficiently detailed information to
disclose all material facts with reference to the accident to be
reported thereon, including the location, the circumstances,
the conditions then existing, the persons and vehicles
involved, the insurance information required under RCW
46.30.030, personal injury or death, if any, the amounts of
property damage claimed, the total number of vehicles
involved, whether the vehicles were legally parked, legally
standing, or moving, whether such vehicles were occupied at
the time of the accident, and whether any driver involved in
the accident was distracted at the time of the accident. Distractions contributing to an accident must be reported on the
accident form and include at least the following minimum
reporting options: Not distracted; operating a handheld electronic telecommunication device; operating a hands-free
wireless telecommunication device; other electronic devices
(including, but not limited to, PDA’s, laptop computers, navigational devices, etc.); adjusting an audio or entertainment
system; smoking; eating or drinking; reading or writing;
grooming; interacting with children, passengers, animals, or
objects in the vehicle; other inside distractions; outside distractions; and distraction unknown. Every required accident
report shall be made on a form prescribed by the chief of the
Washington state patrol and each authority charged with the
duty of receiving such reports shall provide sufficient report
forms in compliance with the form devised. The report forms
shall be designated so as to provide that a copy may be
retained by the reporting person.
(5) The chief of the Washington state patrol shall adopt
rules establishing the accident-reporting threshold for property damage accidents. Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall
be five hundred dollars. The accident-reporting threshold for
property damage accidents shall be revised when necessary,
but not more frequently than every two years. The revisions
shall only be for the purpose of recognizing economic
changes as reflected by an inflationary index recommended
by the office of financial management. The revisions shall be
guided by the change in the index for the time period since
the last revision. [2005 c 171 § 1; 1997 c 248 § 1; 1996 c 183
§ 1; 1989 c 353 § 5; 1987 c 463 § 2; 1981 c 30 § 1; 1979 c 158
§ 160; 1979 c 11 § 2. Prior: 1977 ex.s. c 369 § 2; 1977 ex.s.
c 68 § 1; 1969 ex.s. c 40 § 2; 1967 c 32 § 54; 1965 ex.s. c 119
§ 1; 1961 c 12 § 46.52.030; prior: 1943 c 154 § 1; 1937 c 189
§ 135; RRS § 6360-135.]
Effective date—2005 c 171: "This act takes effect January 1, 2006."
[2005 c 171 § 3.]
Effective date—1997 c 248: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 1997]." [1997 c 248 § 2.]
Effective date—1996 c 183: "This act takes effect July 1, 1996." [1996
c 183 § 3.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
[Title 46 RCW—page 207]
46.52.035
Title 46 RCW: Motor Vehicles
46.52.035 Accident reports—Suspension of license or
permit for failure to make report. The director may suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as
provided in RCW 46.52.030 until such report has been filed.
[1988 c 8 § 1; 1965 ex.s. c 119 § 2.]
46.52.035
46.52.040 Accident reports—Report when operator
disabled. Whenever the driver of the vehicle involved in any
accident, concerning which accident report is required, is
physically incapable of making the required accident report
and there is another occupant other than a passenger for hire
therein, in the vehicle at the time of the accident capable of
making a report, such occupant shall make or cause to be
made such report. Upon recovery such driver shall make such
report in the manner required by law. [1967 c 32 § 55; 1961
c 12 § 46.52.040. Prior: 1937 c 189 § 136; RRS § 6360-136.]
46.52.040
46.52.050 Coroner’s reports to sheriff and state
patrol. Every coroner or other official performing like functions shall on or before the tenth day of each month, report in
writing to the sheriff of the county in which he holds office
and to the chief of the Washington state patrol the death of
any person within his jurisdiction during the preceding calendar month as a result of an accident involving any vehicle,
together with the circumstances of such accident. [1961 c 12
§ 46.52.050. Prior: 1937 c 189 § 137; RRS § 6360-137.]
46.52.050
46.52.060 Tabulation and analysis of reports—Availability for use. It shall be the duty of the chief of the Washington state patrol to file, tabulate, and analyze all accident
reports and to publish annually, immediately following the
close of each fiscal year, and monthly during the course of the
year, statistical information based thereon showing the number of accidents, the location, the frequency, whether any
driver involved in the accident was distracted at the time of
the accident and the circumstances thereof, and other statistical information which may prove of assistance in determining the cause of vehicular accidents. Distractions contributing to an accident to be reported must include at least the following: Not distracted; operating a handheld electronic
telecommunication device; operating a hands-free wireless
telecommunication device; other electronic devices (including, but not limited to, PDA’s, laptop computers, navigational devices, etc.); adjusting an audio or entertainment system; smoking; eating or drinking; reading or writing; grooming; interacting with children, passengers, animals, or objects
in the vehicle; other inside distractions; outside distractions;
and distraction unknown.
Such accident reports and analysis or reports thereof
shall be available to the director of licensing, the department
of transportation, the utilities and transportation commission,
the traffic safety commission, and other public entities authorized by the chief of the Washington state patrol, or their duly
authorized representatives, for further tabulation and analysis
for pertinent data relating to the regulation of highway traffic,
highway construction, vehicle operators and all other purposes, and to publish information so derived as may be
deemed of publication value. [2005 c 171 § 2; 1998 c 169 §
1; 1979 c 158 § 161; 1977 c 75 § 67; 1967 c 32 § 56; 1961 c
12 § 46.52.060. Prior: 1937 c 189 § 138; RRS § 6360-138.]
46.52.060
[Title 46 RCW—page 208]
Effective date—2005 c 171: See note following RCW 46.52.030.
46.52.065 Blood samples to state toxicologist—Analysis—Availability, admissibility of reports. Every coroner
or other official performing like functions shall submit to the
state toxicologist a blood sample taken from all drivers and
all pedestrians who are killed in any traffic accident where
the death occurred within four hours after the accident. Blood
samples shall be taken and submitted in the manner prescribed by the state toxicologist. The state toxicologist shall
analyze these blood samples to determine the concentration
of alcohol and, where feasible, the presence of drugs or other
toxic substances. The reports and records of the state toxicologist relating to analyses made pursuant to this section shall
be confidential: PROVIDED, That the results of these analyses shall be reported to the state patrol and made available to
the prosecuting attorney or law enforcement agency having
jurisdiction: PROVIDED FURTHER, That the results of
these analyses may be admitted in evidence in any civil or
criminal action where relevant and shall be made available to
the parties to any such litigation on application to the court.
[1977 ex.s. c 50 § 1; 1971 ex.s. c 270 § 1.]
46.52.065
46.52.070 Police officer’s report. (1) Any police
officer of the state of Washington or of any county, city, town
or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident
whether by way of official investigation or otherwise shall
make report thereof in the same manner as required of the
parties to such accident and as fully as the facts in his possession concerning such accident will permit.
(2) The police officer shall report to the department, on a
form prescribed by the director: (a) When a collision has
occurred that results in a fatality; and (b) the identity of the
operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator caused
the collision.
(3) The police officer shall report to the department, on a
form prescribed by the director: (a) When a collision has
occurred that results in a serious injury; (b) the identity of the
operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator who
caused the serious injury may not be competent to operate a
motor vehicle; and (c) the reason or reasons for the officer’s
belief. [1999 c 351 § 2; 1998 c 165 § 8; 1967 c 32 § 57; 1961
c 12 § 46.52.070. Prior: 1937 c 189 § 139; RRS § 6360-139.]
46.52.070
Effective date—1998 c 165 §§ 8-14: "Sections 8 through 14 of this act
take effect January 1, 1999." [1998 c 165 § 15.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.52.080 Confidentiality of reports—Information
required to be disclosed—Evidence. All required accident
reports and supplemental reports and copies thereof shall be
without prejudice to the individual so reporting and shall be
for the confidential use of the county prosecuting attorney
and chief of police or county sheriff, as the case may be, and
the director of licensing and the chief of the Washington state
patrol, and other officer or commission as authorized by law,
except that any such officer shall disclose the names and
addresses of persons reported as involved in an accident or as
witnesses thereto, the vehicle license plate numbers and
46.52.080
(2008 Ed.)
Accidents—Reports—Abandoned Vehicles
descriptions of vehicles involved, and the date, time and location of an accident, to any person who may have a proper
interest therein, including the driver or drivers involved, or
the legal guardian thereof, the parent of a minor driver, any
person injured therein, the owner of vehicles or property
damaged thereby, or any authorized representative of such an
interested party, or the attorney or insurer thereof. No such
accident report or copy thereof shall be used as evidence in
any trial, civil or criminal, arising out of an accident, except
that any officer above named for receiving accident reports
shall furnish, upon demand of any person who has, or who
claims to have, made such a report, or, upon demand of any
court, a certificate showing that a specified accident report
has or has not been made to the chief of the Washington state
patrol solely to prove a compliance or a failure to comply
with the requirement that such a report be made in the manner
required by law: PROVIDED, That the reports may be used
as evidence when necessary to prosecute charges filed in connection with a violation of RCW 46.52.088. [1979 c 158 §
162; 1975 c 62 § 15; 1967 c 32 § 58; 1965 ex.s. c 119 § 3;
1961 c 12 § 46.52.080. Prior: 1937 c 189 § 140; RRS § 6360140.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.083 Confidentiality of reports—Availability of
factual data to interested parties. All of the factual data
submitted in report form by the officers, together with the
signed statements of all witnesses, except the reports signed
by the drivers involved in the accident, shall be made available upon request to the interested parties named in RCW
46.52.080. [1965 ex.s. c 119 § 4.]
46.52.083
46.52.101
ified describing parts acquired, and the make, model, and
vehicle identification number of a vehicle from which the following parts are removed: (a) Engines and short blocks, (b)
frames, (c) transmissions and transfer cases, (d) cabs, (e)
doors, (f) front or rear differentials, (g) front or rear clips, (h)
quarter panels or fenders, (i) bumpers, (j) truck beds or boxes,
(k) seats, and (l) hoods.
(2) The records required under subsection (1) of this section shall be kept for a period of four years and shall be made
available for inspection by a law enforcement officer during
ordinary business hours.
(3) It is a gross misdemeanor to: (a) Acquire a part without a substantiating bill of sale or invoice from the parts supplier or fail to comply with any rules adopted under this section; (b) fail to obtain the vehicle identification number for
those parts requiring that it be obtained; or (c) fail to keep
records for four years or to make such records available during normal business hours to a law enforcement officer.
(4) The chief of the Washington state patrol shall adopt
rules for the purpose of regulating record-keeping and parts
acquisition by vehicle repairers, restorers, rebuilders, or those
who perform substantial vehicle alterations.
(5) The provisions of this section do not apply to major
repair, restoration, or alteration of a vehicle thirty years of
age or older. [2003 c 53 § 242; 1983 c 142 § 1; 1967 c 32 §
59; 1961 c 12 § 46.52.090. Prior: 1937 c 189 § 141; RRS §
6360-141.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.52.100 Record of traffic charges—Reports of
court—District court venue—Driving under influence of
liquor or drugs.
46.52.100
46.52.085 Confidentiality of reports—Fee for written
information. Any information authorized for release under
RCW 46.52.080 and 46.52.083 may be furnished in written
form for a fee sufficient to meet, but not exceed, the costs
incurred. All fees received by the Washington state patrol for
such copies shall be deposited in the motor vehicle fund.
[1979 c 34 § 1; 1971 ex.s. c 91 § 5; 1965 ex.s. c 119 § 5.]
46.52.085
46.52.088 Reports—False information. A person
shall not give information in oral or written reports as
required in chapter 46.52 RCW knowing that such information is false. [1975 c 62 § 16.]
46.52.088
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.090 Reports of major repairs, etc.—Violations,
penalties—Rules—Exceptions for older vehicles. (1) Any
person, firm, corporation, or association engaged in the business of repairs of any kind to vehicles or any person, firm,
corporation, or association which may at any time engage in
any kind of major repair, restoration, or substantial alteration
to a vehicle required to be licensed or registered under this
title shall maintain verifiable records regarding the source of
used major component parts used in such repairs, restoration,
or alteration. Satisfactory records include but are not limited
to personal identification of the seller if such parts were
acquired from other than a vehicle wrecker licensed under
chapter 46.80 RCW, signed work orders, and bills of sale
signed by the seller whose identity and address has been ver46.52.090
(2008 Ed.)
Reviser’s note: RCW 46.52.100 was amended by 1999 c 274 § 5 without reference to its repeal by 1999 c 86 § 8. It has been decodified for publication purposes under RCW 1.12.025.
46.52.101 Records of traffic charges, dispositions. (1)
Every district court, municipal court, and clerk of a superior
court shall keep or cause to be kept a record of every traffic
complaint, traffic citation, notice of infraction, or other legal
form of traffic charge deposited with or presented to the court
or a traffic violations bureau, and shall keep a record of every
official action by the court or its traffic violations bureau
regarding the charge, including but not limited to a record of
every conviction, forfeiture of bail, judgment of acquittal,
finding that a traffic infraction has been committed, dismissal
of a notice of infraction, and the amount of fine, forfeiture, or
penalty resulting from every traffic charge deposited with or
presented to the court or traffic violations bureau. In the case
of a record of a conviction for a violation of RCW 46.61.502
or 46.61.504, and notwithstanding any other provision of
law, the court shall maintain the record permanently.
(2) After the conviction, forfeiture of bail, or finding that
a traffic infraction was committed for a violation of any provisions of this chapter or other law regulating the operating of
vehicles on highways, the clerk of the court in which the conviction was had, bail was forfeited, or the finding of commission was made shall prepare and immediately forward to the
46.52.101
[Title 46 RCW—page 209]
46.52.120
Title 46 RCW: Motor Vehicles
director of licensing at Olympia an abstract of the court
record covering the case. Report need not be made of a finding involving the illegal parking or standing of a vehicle.
(3) The abstract must be made upon a form or forms furnished by the director and must include the name and address
of the party charged, the number, if any, of the party’s
driver’s or chauffeur’s license, the registration number of the
vehicle involved if required by the director, the nature of the
offense, the date of hearing, the plea, the judgment, whether
the offense was an alcohol-related offense as defined in RCW
46.01.260(2), whether the incident that gave rise to the
offense charged resulted in a fatality, whether bail was forfeited, whether the determination that a traffic infraction was
committed was contested, and the amount of the fine, forfeiture, or penalty, as the case may be.
(4) In courts where the judicial information system or
other secure method of electronic transfer of information has
been implemented between the court and the department of
licensing, the court may electronically provide the information required in subsections (2), (3), and (5) of this section.
(5) The superior court clerk shall also forward a like
report to the director upon the conviction of a person of a felony in the commission of which a vehicle was used.
(6) The director shall keep all abstracts received under
this section at the director’s office in Olympia. The abstracts
must be open to public inspection during reasonable business
hours.
(7) The officer, prosecuting attorney, or city attorney
signing the charge or information in a case involving a charge
of driving under the influence of intoxicating liquor or any
drug shall immediately request from the director an abstract
of convictions and forfeitures. The director shall furnish the
requested abstract. [2006 c 327 § 6; 1999 c 86 § 4.]
46.52.120 Case record of convictions and infractions—Cross-reference to accident reports. (1) The director shall keep a case record on every motor vehicle driver
licensed under the laws of this state, together with information on each driver, showing all the convictions and findings
of traffic infractions certified by the courts, together with an
index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of
the accident and whether or not the accident resulted in any
fatality. The chief of the Washington state patrol shall furnish
the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential use of the
director, the chief of the Washington state patrol, the director
of the Washington traffic safety commission, and for such
police officers or other cognizant public officials as may be
designated by law. Such case records shall not be admitted
into evidence in any court, except where relevant to the prosecution or defense of a criminal charge, or in case appeal is
taken from the order of the director, suspending, revoking,
canceling, or refusing a vehicle driver’s license.
(3) The director shall tabulate and analyze vehicle
driver’s case records and suspend, revoke, cancel, or refuse a
vehicle driver’s license to a person when it is deemed from
facts contained in the case record of such person that it is for
the best interest of public safety that such person be denied
the privilege of operating a motor vehicle. The director shall
46.52.120
[Title 46 RCW—page 210]
also suspend a person’s driver’s license if the person fails to
attend or complete a driver improvement interview or fails to
abide by conditions of probation under RCW 46.20.335.
Whenever the director orders the vehicle driver’s license of
any such person suspended, revoked, or canceled, or refuses
the issuance of a vehicle driver’s license, such suspension,
revocation, cancellation, or refusal is final and effective
unless appeal from the decision of the director is taken as provided by law. [1998 c 218 § 1; 1998 c 165 § 10; 1993 c 501
§ 12; 1992 c 32 § 3; 1989 c 178 § 23; 1988 c 38 § 2; 1984 c
99 § 1; 1982 c 52 § 1; 1979 ex.s. c 136 § 83; 1977 ex.s. c 356
§ 1; 1967 c 32 § 62; 1961 c 12 § 46.52.120. Prior: 1937 c 189
§ 144; RRS § 6360-144.]
Reviser’s note: This section was amended by 1998 c 165 § 10 and by
1998 c 218 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.52.130
46.52.130 Abstract of driving record—Access—
Fees—Penalty. (1) A certified abstract of the driving record
shall be furnished only to:
(a) The individual named in the abstract;
(b) An employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or persons with mental or physical disabilities;
(c) An employee or agent of a transit authority checking
prospective volunteer vanpool drivers for insurance and risk
management needs;
(d) The insurance carrier that has insurance in effect covering the employer or a prospective employer;
(e) The insurance carrier that has motor vehicle or life
insurance in effect covering the named individual;
(f) The insurance carrier to which the named individual
has applied;
(g) An alcohol/drug assessment or treatment agency
approved by the department of social and health services, to
which the named individual has applied or been assigned for
evaluation or treatment;
(h) City and county prosecuting attorneys; or
(i) State colleges, universities, or agencies for employment and risk management purposes; or units of local government authorized to self-insure under RCW 48.62.031.
(2) City attorneys and county prosecuting attorneys may
provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and
health services to which the named individual has applied or
been assigned for evaluation or treatment.
(2008 Ed.)
Accidents—Reports—Abandoned Vehicles
(3)(a) The director, upon proper request, shall furnish a
certified abstract covering the period of not more than the last
three years to insurance companies.
(b) The director may enter into a contractual agreement
with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time.
The department shall establish a fee for this service, which
must be deposited in the highway safety fund. The fee for
this service must be set at a level that will not result in a net
revenue loss to the state. Any information provided under
this subsection must be treated in the same manner and subject to the same restrictions as certified abstracts.
(4) Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five
years to state approved alcohol/drug assessment or treatment
agencies, except that the certified abstract shall also include
records of alcohol-related offenses as defined in RCW
46.01.260(2) covering a period of not more than the last ten
years.
(5) Upon proper request, a certified abstract of the full
driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract, to an employer or prospective
employer or an agent acting on behalf of an employer or prospective employer of the named individual, or to a volunteer
organization for which the named individual has submitted
an application for a position that could require the transportation of children under eighteen years of age, adults over
sixty-five years of age, or persons with physical or mental
disabilities, or to an employee or agent of a transit authority
checking prospective volunteer vanpool drivers for insurance
and risk management needs.
(6) The abstract, whenever possible, shall include:
(a) An enumeration of motor vehicle accidents in which
the person was driving;
(b) The total number of vehicles involved;
(c) Whether the vehicles were legally parked or moving;
(d) Whether the vehicles were occupied at the time of the
accident;
(e) Whether the accident resulted in any fatality;
(f) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation
of any motor vehicle law;
(g) The status of the person’s driving privilege in this
state; and
(h) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction
served upon the named individual by an arresting officer.
(7) Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate
whether a recorded violation is an alcohol-related offense as
defined in RCW 46.01.260(2) that was originally charged as
one of the alcohol-related offenses designated in RCW
46.01.260(2)(b)(i).
(8) The abstract provided to the insurance company shall
exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or firefighters as defined in
RCW 41.26.030, or any officer of the Washington state
patrol, while driving official vehicles in the performance of
(2008 Ed.)
46.52.130
occupational duty. The abstract provided to the insurance
company shall include convictions for RCW 46.61.5249 and
46.61.525 except that the abstract shall report them only as
negligent driving without reference to whether they are for
first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred
prosecution under RCW 10.05.060, except that if a person is
removed from a deferred prosecution under RCW 10.05.090,
the abstract shall show the deferred prosecution as well as the
removal.
(9) The director shall collect for each abstract the sum of
ten dollars, fifty percent of which shall be deposited in the
highway safety fund and fifty percent of which must be
deposited according to RCW 46.68.038.
(10) Any insurance company or its agent receiving the
certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information
contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on
the basis of such information unless the policyholder was
determined to be at fault. No insurance company or its agent
for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in
the abstract relative to any person’s operation of motor vehicles while not engaged in such employment, nor may any
insurance company or its agent for underwriting purposes
relating to the operation of noncommercial motor vehicles
use any information contained in the abstract relative to any
person’s operation of commercial motor vehicles.
(11) Any employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or persons with physical or mental disabilities, receiving the certified abstract shall use it
exclusively for his or her own purpose to determine whether
the licensee should be permitted to operate a commercial
vehicle or school bus, or operate a vehicle for a volunteer
organization for purposes of transporting children under
eighteen years of age, adults over sixty-five years of age, or
persons with physical or mental disabilities, upon the public
highways of this state and shall not divulge any information
contained in it to a third party.
(12) Any employee or agent of a transit authority receiving a certified abstract for its vanpool program shall use it
exclusively for determining whether the volunteer licensee
meets those insurance and risk management requirements
necessary to drive a vanpool vehicle. The transit authority
may not divulge any information contained in the abstract to
a third party.
(13) Any alcohol/drug assessment or treatment agency
approved by the department of social and health services
receiving the certified abstract shall use it exclusively for the
purpose of assisting its employees in making a determination
as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
(14) Release of a certified abstract of the driving record
of an employee, prospective employee, or prospective volunteer requires a statement signed by: (a) The employee, pro[Title 46 RCW—page 211]
46.52.190
Title 46 RCW: Motor Vehicles
spective employee, or prospective volunteer that authorizes
the release of the record, and (b) the employer or volunteer
organization attesting that the information is necessary to
determine whether the licensee should be employed to operate a commercial vehicle or school bus, or operate a vehicle
for a volunteer organization for purposes of transporting children under eighteen years of age, adults over sixty-five years
of age, or persons with physical or mental disabilities, upon
the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information
on their behalf, this must be noted in the statement. This subsection does not apply to entities identified in subsection
(1)(i) of this section.
(15) Any negligent violation of this section is a gross
misdemeanor.
(16) Any intentional violation of this section is a class C
felony. [2008 c 253 § 1; 2007 c 424 § 3; 2004 c 49 § 1; 2003
c 367 § 1. Prior: 2002 c 352 § 20; 2002 c 221 § 1; 2001 c 309
§ 1; 1998 c 165 § 11; 1997 c 66 § 12; prior: 1996 c 307 § 4;
1996 c 183 § 2; 1994 c 275 § 16; 1991 c 243 § 1; 1989 c 178
§ 24; prior: 1987 1st ex.s c 9 § 2; 1987 c 397 § 2; 1987 c 181
§ 1; 1986 c 74 § 1; 1985 ex.s. c 1 § 11; 1979 ex.s. c 136 § 84;
1977 ex.s. c 356 § 2; 1977 ex.s. c 140 § 1; 1973 1st ex.s. c 37
§ 1; 1969 ex.s. c 40 § 3; 1967 c 174 § 2; 1967 c 32 § 63; 1963
c 169 § 65; 1961 ex.s. c 21 § 27.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2008 c 253: "This act takes effect August 1, 2008."
[2008 c 253 § 2.]
Effective date—2007 c 424: See note following RCW 46.20.293.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Chapter 46.55
Chapter 46.55 RCW
TOWING AND IMPOUNDMENT
Sections
46.55.010
Definitions.
TOW TRUCK OPERATORS—REGISTRATION REQUIREMENTS
46.55.020
46.55.025
46.55.030
46.55.035
46.55.037
46.55.040
46.55.050
46.55.060
46.55.063
Registration required—Penalty.
Registration or insurance required—Penalty.
Application—Contents, bond, insurance, fee, certificate.
Prohibited acts—Penalty.
Compensation for private impounds.
Permit required—Inspections of equipment and facilities.
Classification of trucks—Marking requirements—Time and
place of inspection—Penalty.
Business location—Requirements.
Fees, schedules, contracts, invoices.
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070
46.55.075
46.55.080
46.55.085
46.55.090
46.55.100
46.55.105
46.55.110
46.55.113
46.55.115
46.55.117
Posting requirements—Exception.
Law enforcement impound—Required form, procedures.
Law enforcement impound, private impound—Master log—
Certain associations restricted.
Law enforcement impound—Unauthorized vehicle in right-ofway.
Storage, return requirements—Personal property—Combination endorsement for tow truck drivers—Viewing
impounded vehicle.
Impound notice—Abandoned vehicle report—Owner information, liability—Disposition report.
Responsibility of registered owner.
Notice to legal and registered owners.
Removal by police officer.
State patrol—Appointment of towing operators—Lien for
costs—Appeal.
Impounds under RCW 64.44.050.
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120
46.55.130
46.55.140
Redemption of vehicles—Sale of unredeemed property—
Improper impoundment.
Notice requirements—Public auction—Accumulation of storage charges.
Operator’s lien, deficiency claim, liability.
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150
46.55.160
46.55.170
46.55.180
46.55.190
46.55.200
46.55.210
46.55.220
Vehicle transaction file.
Availability of records, equipment, and facilities for audit and
inspection.
Complaints, where forwarded.
Presiding officer at licensing hearing.
Rules.
Penalties for certain acts or omissions.
Cease and desist order.
Refusal to issue license, grounds for.
JUNK VEHICLE DISPOSITION
46.55.230
Junk vehicles—Removal, disposal, sale—Penalties—Cleanup
restitution payment.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.55.240
Local ordinances—Requirements.
Effective date—1967 c 174: See note following RCW 46.29.050.
46.55.300
Vehicle immobilization.
Intent—1987 c 397: See note following RCW 46.61.410.
LOCAL REGULATION
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
VEHICLE IMMOBILIZATION
Severability—1963 c 169: See RCW 46.29.910.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.
46.52.190
46.52.190 Abandoned vehicles or hulks—Impoundment—Notification—Hearing—Liability for charges—
Nonpayment penalty.
Reviser’s note: RCW 46.52.190 was amended by 1987 c 202 § 215
without reference to its repeal by 1987 c 311 § 21. It has been decodified for
publication purposes under RCW 1.12.025.
[Title 46 RCW—page 212]
MISCELLANEOUS
46.55.900
46.55.901
46.55.902
46.55.910
Severability—1985 c 377.
Headings not part of law—1985 c 377.
Effective date—1985 c 377.
Chapter not applicable to certain activities of department of
transportation.
Removal of unattended vehicle from highway: RCW 46.61.590.
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
46.55.010 Definitions. The definitions set forth in this
section apply throughout this chapter:
46.55.010
(2008 Ed.)
Towing and Impoundment
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for one hundred twenty consecutive hours.
(2) "Immobilize" means the use of a locking wheel boot
that, when attached to the wheel of a vehicle, prevents the
vehicle from moving without damage to the tire to which the
locking wheel boot is attached.
(3) "Abandoned vehicle report" means the document
prescribed by the state that the towing operator forwards to
the department after a vehicle has become abandoned.
(4) "Impound" means to take and hold a vehicle in legal
custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been
impounded at the direction of a law enforcement officer or by
a public official having jurisdiction over the public property
upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been
impounded at the direction of a person having control or possession of the private property upon which the vehicle was
located.
(5) "Junk vehicle" means a vehicle certified under RCW
46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to
the approximate value of the scrap in it.
(6) "Master log" means the document or an electronic
facsimile prescribed by the department and the Washington
state patrol in which an operator records transactions involving impounded vehicles.
(7) "Registered tow truck operator" or "operator" means
any person who engages in the impounding, transporting, or
storage of unauthorized vehicles or the disposal of abandoned
vehicles.
(8) "Residential property" means property that has no
more than four living units located on it.
(9) "Suspended license impound" means an impound
ordered under RCW 46.55.113 because the operator was
arrested for a violation of RCW 46.20.342 or 46.20.345.
(10) "Tow truck" means a motor vehicle that is equipped
for and used in the business of towing vehicles with equipment as approved by the state patrol.
(11) "Tow truck number" means the number issued by
the department to tow trucks used by a registered tow truck
operator in the state of Washington.
(12) "Tow truck permit" means the permit issued annually by the department that has the classification of service
the tow truck may provide stamped upon it.
(13) "Tow truck service" means the transporting upon
the public streets and highways of this state of vehicles,
together with personal effects and cargo, by a tow truck of a
registered operator.
(14) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the
following public or private locations for the indicated period
of time:
(2008 Ed.)
46.55.025
Subject to removal after:
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
Public locations:
Constituting an accident or a traffic hazard as
defined in RCW 46.55.113 . . . . . . . Immediately
On a highway and tagged as described in RCW
46.55.085 . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
In a publicly owned or controlled parking
facility, properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
Private locations:
On residential property . . . . . . . . . . Immediately
On private, nonresidential property,
properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
On private, nonresidential property,
not posted . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
[2005 c 88 § 2; 1999 c 398 § 2; 1998 c 203 § 8; 1994 c 176 §
1; 1991 c 292 § 1; 1989 c 111 § 1. Prior: 1987 c 330 § 739;
1987 c 311 § 1; 1985 c 377 § 1.]
Finding—1998 c 203: See note following RCW 46.55.105.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
TOW TRUCK OPERATORS—
REGISTRATION REQUIREMENTS
46.55.020 Registration required—Penalty. (1) A person shall not engage in or offer to engage in the activities of a
registered tow truck operator without a current registration
certificate from the department of licensing authorizing him
or her to engage in such activities.
(2) Any person engaging in or offering to engage in the
activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross
misdemeanor.
(3) A registered operator who engages in a business
practice that is prohibited under this chapter may be issued a
notice of traffic infraction under chapter 46.63 RCW and is
also subject to the civil penalties that may be imposed by the
department under this chapter.
(4) A person found to have committed an offense that is
a traffic infraction under this chapter is subject to a monetary
penalty of at least two hundred fifty dollars.
(5) All traffic infractions issued under this chapter shall
be under the jurisdiction of the district court in whose jurisdiction they were issued. [2003 c 53 § 243; 1989 c 111 § 2;
1985 c 377 § 2.]
46.55.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.55.025 Registration or insurance required—Penalty. A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation, from or on a public road or highway must either be operated by a registered
tow truck operator, or someone who at a minimum has insurance in a like manner and amount as prescribed in RCW
46.55.030(3), and have had their tow trucks inspected in a
like manner as prescribed by RCW 46.55.040(1). The department shall adopt rules to enforce this section. Failure to com46.55.025
[Title 46 RCW—page 213]
46.55.030
Title 46 RCW: Motor Vehicles
ply with this section is a class 1 civil infraction punishable
under RCW 7.80.120. [1995 c 360 § 2.]
46.55.030 Application—Contents, bond, insurance,
fee, certificate. (1) Application for licensing as a registered
tow truck operator shall be made on forms furnished by the
department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the
applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
(b) The names and addresses of all persons having an
interest in the business, or if the owner is a corporation, the
names and addresses of the officers of the corporation;
(c) The names and addresses of all employees who serve
as tow truck drivers;
(d) Proof of minimum insurance required by subsection
(3) of this section;
(e) The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered
owner;
(f) Any other information the department may require;
and
(g) A certificate of approval from the Washington state
patrol certifying that:
(i) The applicant has an established place of business and
that mail is received at the address shown on the application;
(ii) The address of any storage locations where vehicles
may be stored is correctly stated on the application;
(iii) The place of business has an office area that is accessible to the public without entering the storage area; and
(iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the
department, where vehicles and their contents can be properly stored and protected.
(2) Before issuing a registration certificate to an applicant the department shall require the applicant to file with the
department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company
authorized to do business in this state. The bond shall be
approved as to form by the attorney general and conditioned
that the operator shall conduct his business in conformity
with the provisions of this chapter pertaining to abandoned or
unauthorized vehicles, and to compensate any person, company, or the state for failure to comply with this chapter or the
rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these vehicles. Any person
injured by the tow truck operator’s failure to fully perform
duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or
county is entitled to recover actual damages, including reasonable attorney’s fees against the surety and the tow truck
operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons
shall not exceed the amount of the bond. As a condition of
authority to do business, the operator shall keep the bond in
full force and effect. Failure to maintain the penalty value of
the bond or cancellation of the bond by the surety automatically cancels the operator’s registration.
46.55.030
[Title 46 RCW—page 214]
(3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of:
(a) One hundred thousand dollars for liability for bodily
injury or property damage per occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not
limited to fire and theft, from the time a vehicle comes into
the custody of an operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required
by (a) and (b) of this subsection automatically cancels the
operator’s registration.
(4) The fee for each original registration and annual
renewal is one hundred dollars per company, plus fifty dollars per truck. The department shall forward the registration
fee to the state treasurer for deposit in the motor vehicle fund.
(5) The applicant must submit an inspection certificate
from the state patrol before the department may issue or
renew an operator’s registration certificate or tow truck permits.
(6) Upon approval of the application, the department
shall issue a registration certificate to the registered operator
to be displayed prominently at the operator’s place of business. [1989 c 111 § 3; 1987 c 311 § 2; 1985 c 377 § 3.]
46.55.035 Prohibited acts—Penalty. (1) No registered
tow truck operator may:
(a) Except as authorized under RCW 46.55.037, ask for
or receive any compensation, gratuity, reward, or promise
thereof from a person having control or possession of private
property or from an agent of the person authorized to sign an
impound authorization, for or on account of the impounding
of a vehicle;
(b) Be beneficially interested in a contract, agreement, or
understanding that may be made by or between a person having control or possession of private property and an agent of
the person authorized to sign an impound authorization;
(c) Have a financial, equitable, or ownership interest in a
firm, partnership, association, or corporation whose functions
include acting as an agent or a representative of a property
owner for the purpose of signing impound authorizations.
(2) This section does not prohibit the registered tow
truck operator from collecting the costs of towing, storage, or
other services rendered during the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120.
(3) A violation of this section is a gross misdemeanor.
[1992 c 18 § 1; 1989 c 111 § 4.]
46.55.035
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
46.55.037 Compensation for private impounds. A
registered tow truck operator may receive compensation from
a private property owner or agent for a private impound of an
unauthorized vehicle that has an approximate fair market
value equal only to the approximate value of the scrap in it.
The private property owner or an agent must authorize the
impound under RCW 46.55.080. The registered tow truck
operator shall process the vehicle in accordance with this
chapter and shall deduct any compensation received from the
46.55.037
(2008 Ed.)
Towing and Impoundment
private property owner or agent from the amount of the lien
on the vehicle in accordance with this chapter. [1992 c 18 §
2.]
46.55.040 Permit required—Inspections of equipment and facilities. (1) A registered operator shall apply for
and keep current a tow truck permit for each tow truck of
which the operator is the registered owner. Application for a
tow truck permit shall be accompanied by a report from the
Washington state patrol covering a physical inspection of
each tow truck capable of being used by the applicant.
(2) Upon receipt of the fee provided in RCW
46.55.030(4) and a satisfactory inspection report from the
state patrol, the department shall issue each tow truck an
annual tow truck permit or decal. The class of the tow truck,
determined according to RCW 46.55.050, shall be stamped
on the permit or decal. The permit or decal shall be displayed
on the passenger side of the truck’s front windshield.
(3) A tow truck number from the department shall be
affixed in a permanent manner to each tow truck.
(4) The Washington state patrol shall conduct annual
inspections of tow truck operators’ equipment and facilities
during the operators’ normal business hours. Unscheduled
inspections may be conducted without notice at the operator’s place of business by an inspector to determine the fitness of a tow truck or facilities. At the time of the inspection,
the operator shall provide a paper copy of the master log
referred to in RCW 46.55.080.
(5) If at the time of the annual or subsequent inspections
the equipment does not meet the requirements of this chapter,
and the deficiency is a safety related deficiency, or the equipment is necessary to the truck’s performance, the inspector
shall cause the registered tow truck operator to remove that
equipment from service as a tow truck until such time as the
equipment has been satisfactorily repaired. A red tag shall be
placed on the windshield of a tow truck taken out of service,
and the tow truck shall not provide tow truck service until the
Washington state patrol recertifies the truck and removes the
tag. [1989 c 111 § 5; 1985 c 377 § 4.]
46.55.040
46.55.050 Classification of trucks—Marking
requirements—Time and place of inspection—Penalty.
(1) Tow trucks shall be classified by towing capabilities, and
shall meet or exceed all equipment standards set by the state
patrol for the type of tow trucks to be used by an operator.
(2) All tow trucks shall display the firm’s name, city of
address, and telephone number. This information shall be
painted on or permanently affixed to both sides of the vehicle
in accordance with rules adopted by the department.
(3) Before a tow truck is put into tow truck service, or
when the reinspection of a tow truck is necessary, the district
commander of the state patrol shall designate a location and
time for the inspection to be conducted. When practicable,
the inspection or reinspection shall be made within three
business days following the request by the operator.
(4) Failure to comply with any requirement of this section or rules adopted under it is a traffic infraction. [1987 c
330 § 740; 1985 c 377 § 5.]
46.55.050
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
(2008 Ed.)
46.55.063
46.55.060 Business location—Requirements. (1) The
address that the tow truck operator lists on his or her application shall be the business location of the firm where its files
are kept. Each separate business location requires a separate
registration under this chapter. The application shall also list
all locations of secure areas for vehicle storage and redemption.
(2) Before an additional lot may be used for vehicle storage, it must be inspected and approved by the state patrol.
The lot must also be inspected and approved on an annual
basis for continued use.
(3) Each business location must have a sign displaying
the firm’s name that is readable from the street.
(4) At the business locations listed where vehicles may
be redeemed, the registered operator shall post in a conspicuous and accessible location:
(a) All pertinent licenses and permits to operate as a registered tow truck operator;
(b) The current towing and storage charges itemized on a
form approved by the department;
(c) The vehicle redemption procedure and rights;
(d) Information supplied by the department as to where
complaints regarding either equipment or service are to be
directed;
(e) Information concerning the acceptance of commercially reasonable tender as defined in *RCW
46.55.120(1)(b).
(5) The department shall adopt rules concerning fencing
and security requirements of storage areas, which may provide for modifications or exemptions where needed to
achieve compliance with local zoning laws.
(6) On any day when the registered tow truck operator
holds the towing services open for business, the business
office shall remain open with personnel present who are able
to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours
of a towing service shall be from 8:00 a.m. to 5:00 p.m. on
weekdays, excluding Saturdays, Sundays, and holidays.
(7) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to
release impounded vehicles within a reasonable time.
(8) A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of
redemption. [1989 c 111 § 6; 1987 c 311 § 3; 1985 c 377 § 6.]
46.55.060
*Reviser’s note: RCW 46.55.120 was amended by 1999 c 398 § 7,
changing subsection (1)(b) to subsection (1)(e).
46.55.063 Fees, schedules, contracts, invoices. (1) An
operator shall file a fee schedule with the department. All
filed fees must be adequate to cover the costs of service provided. No fees may exceed those filed with the department.
At least ten days before the effective date of any change in an
operator’s fee schedule, the registered tow truck operator
shall file the revised fee schedule with the department.
(2) Towing contracts with private property owners shall
be in written form and state the hours of authorization to
impound, the persons empowered to authorize the impounds,
and the present charge of a private impound for the classes of
tow trucks to be used in the impound, and must be retained in
the files of the registered tow truck operator for three years.
46.55.063
[Title 46 RCW—page 215]
46.55.070
Title 46 RCW: Motor Vehicles
(3) A fee that is charged for tow truck service must be
calculated on an hourly basis, and after the first hour must be
charged to the nearest quarter hour.
(4) Fees that are charged for the storage of a vehicle, or
for other items of personal property registered or titled with
the department, must be calculated on a twenty-four hour
basis and must be charged to the nearest half day from the
time the vehicle arrived at the secure storage area. However,
items of personal property registered or titled with the department that are wholly contained within an impounded vehicle
are not subject to additional storage fees; they are, however,
subject to satisfying the underlying lien for towing and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer
of the vehicle, or other items of personal property registered
or titled with the department, must be itemized so that the
individual fees are clearly discernable. [1995 c 360 § 3; 1989
c 111 § 7.]
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070 Posting requirements—Exception. (1) No
person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in
a public parking facility for less than twenty-four hours
unless a sign is posted near each entrance and on the property
in a clearly conspicuous and visible location to all who park
on such property that clearly indicates:
(a) The times a vehicle may be impounded as an unauthorized vehicle; and
(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.
(2) The requirements of subsection (1) of this section do
not apply to residential property. Any person having charge
of such property may have an unauthorized vehicle
impounded immediately upon giving written authorization.
(3) The department shall adopt rules relating to the size
of the sign required by subsection (1) of this section, its lettering, placement, and the number required.
(4) This section applies to all new signs erected after July
1, 1986. All other signs must meet these requirements by July
1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.]
46.55.070
Vehicle immobilization unlawful: RCW 46.55.300.
46.55.075 Law enforcement impound—Required
form, procedures. (1) The Washington state patrol shall
provide by rule for a uniform impound authorization and
inventory form. All law enforcement agencies must use this
form for all vehicle impounds after June 30, 2001.
(2) By January 1, 2003, the Washington state patrol shall
develop uniform impound procedures, which must include
but are not limited to defining an impound and a visual
inspection. Local law enforcement agencies shall adopt the
procedures by July 1, 2003. [2002 c 279 § 5; 1999 c 398 § 3.]
46.55.075
46.55.080 Law enforcement impound, private
impound—Master log—Certain associations restricted.
(1) If a vehicle is in violation of the time restrictions of
*RCW 46.55.010(13), it may be impounded by a registered
tow truck operator at the direction of a law enforcement
46.55.080
[Title 46 RCW—page 216]
officer or other public official with jurisdiction if the vehicle
is on public property, or at the direction of the property owner
or an agent if it is on private property. A law enforcement
officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
(2) The person requesting a private impound or a law
enforcement officer or public official requesting a public
impound shall provide a signed authorization for the
impound at the time and place of the impound to the registered tow truck operator before the operator may proceed
with the impound. A registered tow truck operator, employee,
or his or her agent may not serve as an agent of a property
owner for the purposes of signing an impound authorization
or, independent of the property owner, identify a vehicle for
impound.
(3) In the case of a private impound, the impound authorization shall include the following statement: "A person
authorizing this impound, if the impound is found in violation
of chapter 46.55 RCW, may be held liable for the costs
incurred by the vehicle owner."
(4) A registered tow truck operator shall record and keep
in the operator’s files the date and time that a vehicle is put in
the operator’s custody and released. The operator shall make
an entry into a master log regarding transactions relating to
impounded vehicles. The operator shall make this master log
available, upon request, to representatives of the department
or the state patrol.
(5) A person who engages in or offers to engage in the
activities of a registered tow truck operator may not be associated in any way with a person or business whose main
activity is authorizing the impounding of vehicles. [1999 c
398 § 4; 1989 c 111 § 8; 1987 c 311 § 5; 1985 c 377 § 8.]
*Reviser’s note: RCW 46.55.010 was amended by 2005 c 88 § 2,
changing subsection (13) to subsection (14).
46.55.085 Law enforcement impound—Unauthorized vehicle in right-of-way. (1) A law enforcement officer
discovering an unauthorized vehicle left within a highway
right-of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within
twenty-four hours from the time the sticker is attached, the
vehicle may be taken into custody and stored at the owner’s
expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have
committed the traffic infraction of littering—abandoned
vehicle; and
(e) The address and telephone number where additional
information may be obtained.
(2) If the vehicle has current Washington registration
plates, the officer shall check the records to learn the identity
of the last owner of record. The officer or his department
shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty-four
hours from the time the notification sticker is attached, the
46.55.085
(2008 Ed.)
Towing and Impoundment
law enforcement officer may take custody of the vehicle and
provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator
is unable to remove it from the place where it is located and
so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety
includes the business location of a registered tow truck operator. [2002 c 279 § 6; 1993 c 121 § 1; 1987 c 311 § 6. Formerly RCW 46.52.170 and 46.52.180.]
46.55.090 Storage, return requirements—Personal
property—Combination endorsement for tow truck drivers—Viewing impounded vehicle. (1) All vehicles
impounded shall be taken to the nearest storage location that
has been inspected and is listed on the application filed with
the department.
(2) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.
(3) All personal belongings and contents in the vehicle,
with the exception of those items of personal property that are
registered or titled with the department, shall be kept intact,
and shall be returned to the vehicle’s owner or agent during
normal business hours upon request and presentation of a
driver’s license or other sufficient identification. Personal
belongings, with the exception of those items of personal
property that are registered or titled with the department,
shall not be sold at auction to fulfill a lien against the vehicle.
(4) All personal belongings, with the exception of those
items of personal property that are registered or titled with the
department, not claimed before the auction shall be turned
over to the local law enforcement agency to which the initial
notification of impoundment was given. Such personal
belongings shall be disposed of pursuant to chapter 63.32 or
63.40 RCW.
(5) Tow truck drivers shall have a Washington state
driver’s license endorsed for the appropriate classification
under chapter 46.25 RCW or the equivalent issued by another
state.
(6) Any person who shows proof of ownership or written
authorization from the impounded vehicle’s registered or
legal owner or the vehicle’s insurer may view the vehicle
without charge during normal business hours. [1995 c 360 §
4; 1989 c 178 § 25; 1987 c 311 § 7; 1985 c 377 § 9.]
46.55.090
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
46.55.100 Impound notice—Abandoned vehicle
report—Owner information, liability—Disposition
report. (1) At the time of impoundment the registered tow
truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement
agency having jurisdiction who shall maintain a log of such
reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency,
shall within six to twelve hours of the impoundment, provide
to a requesting operator the name and address of the legal and
registered owners of the vehicle, and the registered owner of
any personal property registered or titled with the department
that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other neces46.55.100
(2008 Ed.)
46.55.105
sary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile
notice within twenty-four hours. In the case of a vehicle from
another state, time requirements of this subsection do not
apply until the requesting law enforcement agency in this
state receives the information.
(2) The operator shall immediately send an abandoned
vehicle report to the department for any vehicle, and for any
items of personal property registered or titled with the department, that are in the operator’s possession after the one hundred twenty hour abandonment period. Such report need not
be sent when the impoundment is pursuant to a writ, court
order, or police hold that is not a suspended license impound.
The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that
the writ, court order, or police hold that is not a suspended
license impound is no longer in effect.
(3) Following the submittal of an abandoned vehicle
report, the department shall provide the registered tow truck
operator with owner information within seventy-two hours.
(4) Within fourteen days of the sale of an abandoned
vehicle at public auction, the towing operator shall send a
copy of the abandoned vehicle report showing the disposition
of the abandoned vehicle and any other items of personal
property registered or titled with the department to the
department. The vehicle buyer information sent to the department on the abandoned vehicle report relieves the previous
owner of the vehicle from any civil or criminal liability for
the operation of the vehicle from the date of sale thereafter
and transfers full liability for the vehicle to the buyer. By January 1, 2003, the department shall create a system enabling
tow truck operators the option of sending the portion of the
abandoned vehicle report that contains the vehicle’s buyer
information to the department electronically.
(5) If the operator sends an abandoned vehicle report to
the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or
titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the
operator shall immediately notify the appropriate law
enforcement agency, which shall search the vehicle and any
other items of personal property registered or titled with the
department for the vehicle identification number or other
appropriate identification numbers and check the necessary
records to determine the vehicle’s or other property’s owners.
[2002 c 279 § 9; 1999 c 398 § 5; 1998 c 203 § 9; 1995 c 360
§ 5; 1991 c 20 § 1; 1989 c 111 § 9; 1987 c 311 § 8; 1985 c 377
§ 10.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.105
46.55.105 Responsibility of registered owner. (1) The
abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for
the abandonment and is liable for costs incurred in removing,
storing, and disposing of the abandoned vehicle, less amounts
realized at auction.
[Title 46 RCW—page 217]
46.55.110
Title 46 RCW: Motor Vehicles
(2) If an unauthorized vehicle is found abandoned under
subsection (1) of this section and removed at the direction of
law enforcement, the last registered owner of record is guilty
of the traffic infraction of "littering—abandoned vehicle,"
unless the vehicle is redeemed as provided in RCW
46.55.120. In addition to any other monetary penalty payable
under chapter 46.63 RCW, the court shall not consider all
monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction
has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement
agency relieves the last registered owner of liability under
subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the
costs incurred in removing, storing, and disposing of the
abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner’s
rights in a civil action or as restitution in a criminal action
against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding
the vehicle involved in accordance with RCW 46.12.101(1)
relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated
on the report of sale is on or before the date of impoundment,
the buyer identified on the latest properly filed report of sale
with the department is assumed liable for the costs incurred in
removing, storing, and disposing of the abandoned vehicle,
less amounts realized at auction. If the date of sale is after the
date of impoundment, the previous registered owner is
assumed to be liable for such costs. A licensed vehicle dealer
is not liable under subsections (1) and (2) of this section if the
dealer, as transferee or assignee of the last registered owner
of the vehicle involved, has complied with the requirements
of RCW 46.70.122 upon selling or otherwise disposing of the
vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under RCW 46.12.103. In that
case the person to whom the licensed vehicle dealer has sold
or transferred the vehicle is assumed liable for the costs
incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.101,
and for purposes of reporting notices of failure to appear,
respond, or comply regarding a notice of traffic infraction to
the department under RCW 46.63.070(6), a traffic infraction
under subsection (2) of this section is not considered to be a
standing, stopping, or parking violation.
(6) A notice of infraction for a violation of this section
may be filed with a court of limited jurisdiction organized
under Title 3, 35, or 35A RCW, or with a violations bureau
subject to the court’s jurisdiction. [2002 c 279 § 10; 1999 c
86 § 5; 1998 c 203 § 2; 1995 c 219 § 4; 1993 c 314 § 1.]
Finding—1998 c 203: "The legislature finds that the license to drive a
motor vehicle on the public highways is suspended or revoked in order to
protect public safety following a driver’s failure to comply with the laws of
this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It
is estimated that of the three million four hundred thousand drivers’ licenses
issued to citizens of Washington, more than two hundred sixty thousand are
suspended or revoked at any given time. Suspended drivers are more likely
to be involved in causing traffic accidents, including fatal accidents, than
[Title 46 RCW—page 218]
properly licensed drivers, and pose a serious threat to the lives and property
of Washington residents. Statistics show that suspended drivers are three
times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having
a driver’s license, most such drivers also lack required liability insurance,
increasing the financial burden upon other citizens through uninsured losses
and higher insurance costs for validly licensed drivers. Because of the threat
posed by suspended drivers, all registered owners of motor vehicles in
Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended
or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common
for suspended drivers to resume driving immediately after being stopped,
cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or
revoked fail to appear for court hearings. Vehicle impoundment will provide
an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle
impoundment will also provide an appropriate measure of accountability for
registered owners who permit suspended drivers to drive their vehicles.
Impoundment of vehicles driven by suspended drivers has been shown to
reduce future driving while suspended or revoked offenses for up to two
years afterwards, and the recidivism rate for drivers whose cars were not
impounded was one hundred percent higher than for drivers whose cars were
impounded. In order to adequately protect public safety and to enforce the
state’s driver licensing laws, it is necessary to authorize the impoundment of
any vehicle when it is found to be operated by a driver with a suspended or
revoked license in violation of RCW 46.20.342 and 46.20.420. The
impoundment of a vehicle operated in violation of RCW 46.20.342 or
46.20.420 is intended to be a civil in rem action against the vehicle in order
to remove it from the public highways and reduce the risk posed to traffic
safety by a vehicle accessible to a driver who is reasonably believed to have
violated these laws." [1998 c 203 § 1.]
Suspension of driver’s license for failure to respond to notice of traffic
infraction: RCW 46.20.289.
46.55.110 Notice to legal and registered owners. (1)
When an unauthorized vehicle is impounded, the impounding
towing operator shall notify the legal and registered owners
of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled
with the department. The notification shall be sent by firstclass mail within twenty-four hours after the impoundment to
the last known registered and legal owners of the vehicle, and
the owners of any other items of personal property registered
or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of
the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its
address, and telephone number. The notice shall also include
the location, time of the impound, and by whose authority the
vehicle was impounded. The notice shall also include the
written notice of the right of redemption and opportunity for
a hearing to contest the validity of the impoundment pursuant
to RCW 46.55.120.
(2) In addition, if a suspended license impound has been
ordered, the notice must state the length of the impound, the
requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will
immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW
46.55.120(1)(b) regarding the payment of the costs of
removal, towing, and storage as well as providing proof of
satisfaction of any penalties, fines, or forfeitures before
46.55.110
(2008 Ed.)
Towing and Impoundment
redemption. The notice must also state that the registered
owner is ineligible to purchase the vehicle at the abandoned
vehicle auction, if held.
(3) In the case of an abandoned vehicle, or other item of
personal property registered or titled with the department,
within twenty-four hours after receiving information on the
owners from the department through the abandoned vehicle
report, the tow truck operator shall send by certified mail,
with return receipt requested, a notice of custody and sale to
the legal and registered owners and of the penalties for the
traffic infraction littering—abandoned vehicle.
(4) If the date on which a notice required by subsection
(3) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next
day that is neither a Saturday, Sunday, nor a postal holiday.
(5) No notices need be sent to the legal or registered
owners of an impounded vehicle or other item of personal
property registered or titled with the department, if the vehicle or personal property has been redeemed. [2002 c 279 §
11; 1999 c 398 § 6; 1998 c 203 § 3; 1995 c 360 § 6; 1989 c
111 § 10; 1987 c 311 § 9; 1985 c 377 § 11.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.113 Removal by police officer. (1) Whenever
the driver of a vehicle is arrested for a violation of RCW
46.61.502, 46.61.504, 46.20.342, or 46.20.345, the vehicle is
subject to summary impoundment, pursuant to the terms and
conditions of an applicable local ordinance or state agency
rule at the direction of a law enforcement officer.
(2) In addition, a police officer may take custody of a
vehicle, at his or her discretion, and provide for its prompt
removal to a place of safety under any of the following circumstances:
(a) Whenever a police officer finds a vehicle standing
upon the roadway in violation of any of the provisions of
RCW 46.61.560, the officer may provide for the removal of
the vehicle or require the driver or other person in charge of
the vehicle to move the vehicle to a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended
upon a highway where the vehicle constitutes an obstruction
to traffic or jeopardizes public safety;
(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle
involved in an accident is physically or mentally incapable of
deciding upon steps to be taken to protect his or her property;
(d) Whenever the driver of a vehicle is arrested and taken
into custody by a police officer;
(e) Whenever a police officer discovers a vehicle that the
officer determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate,
placard, or decal indicating that the vehicle is being used to
transport a person with disabilities under RCW 46.16.381 is
parked in a stall or space clearly and conspicuously marked
under RCW 46.61.581 which space is provided on private
property without charge or on public property;
(g) Upon determining that a person is operating a motor
vehicle without a valid and, if required, a specially endorsed
driver’s license or with a license that has been expired for
ninety days or more;
46.55.113
(2008 Ed.)
46.55.115
(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading,
hooded-meter, taxi, street construction or maintenance, or
other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is
limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the
zone has been established with signage for at least twentyfour hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give
notice to the public that a vehicle will be removed if illegally
parked in the zone;
(i) When a vehicle with an expired registration of more
than forty-five days is parked on a public street.
(3) When an arrest is made for a violation of RCW
46.20.342, if the vehicle is a commercial vehicle and the
driver of the vehicle is not the owner of the vehicle, before
the summary impoundment directed under subsection (1) of
this section, the police officer shall attempt in a reasonable
and timely manner to contact the owner of the vehicle and
may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at
the time of the stop and arrest and the owner has not received
a prior release under this subsection or RCW
46.55.120(1)(a)(ii).
(4) Nothing in this section may derogate from the powers
of police officers under the common law. For the purposes of
this section, a place of safety may include the business location of a registered tow truck operator. [2007 c 242 § 1; 2007
c 86 § 1; 2005 c 390 § 5. Prior: 2003 c 178 § 1; 2003 c 177
§ 1; 1998 c 203 § 4; 1997 c 66 § 7; 1996 c 89 § 1; 1994 c 275
§ 32; 1987 c 311 § 10. Formerly RCW 46.61.565.]
Reviser’s note: This section was amended by 2007 c 86 § 1 and by
2007 c 242 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—1998 c 203: See note following RCW 46.55.105.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.55.115 State patrol—Appointment of towing
operators—Lien for costs—Appeal. The Washington state
patrol, under its authority to remove vehicles from the highway, may remove the vehicles directly, through towing operators appointed by the state patrol and called on a rotational
or other basis, through contracts with towing operators, or by
a combination of these methods. When removal is to be
accomplished through a towing operator on a noncontractual
basis, the state patrol may appoint any towing operator for
this purpose upon the application of the operator. Each
appointment shall be contingent upon the submission of an
application to the state patrol and the making of subsequent
reports in such form and frequency and compliance with such
standards of equipment, performance, pricing, and practices
as may be required by rule of the state patrol.
An appointment may be rescinded by the state patrol
upon evidence that the appointed towing operator is not complying with the laws or rules relating to the removal and storage of vehicles from the highway. The state patrol may not
rescind an appointment merely because a registered tow truck
operator negotiates a different rate for voluntary, owner46.55.115
[Title 46 RCW—page 219]
46.55.117
Title 46 RCW: Motor Vehicles
requested towing than for involuntary towing under this
chapter. The costs of removal and storage of vehicles under
this section shall be paid by the owner or driver of the vehicle
and shall be a lien upon the vehicle until paid, unless the
removal is determined to be invalid.
Rules promulgated under this section shall be binding
only upon those towing operators appointed by the state
patrol for the purpose of performing towing services at the
request of the Washington state patrol. Any person aggrieved
by a decision of the state patrol made under this section may
appeal the decision under chapter 34.05 RCW. [1993 c 121 §
2; 1987 c 330 § 744; 1979 ex.s. c 178 § 22; 1977 ex.s. c 167
§ 5. Formerly RCW 46.61.567.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
46.55.117 Impounds under RCW 64.44.050. An
impound under RCW 64.44.050 shall not be considered an
impound under this chapter. A tow operator who contracts
with a law enforcement agency for transporting a vehicle
impounded under RCW 64.44.050 shall only remove the
vehicle to a secure public facility, and is not required to store
or dispose of the vehicle. The vehicle shall remain in the
care, custody, and control of the law enforcement agency to
be demolished, disposed of, or decontaminated as provided
under RCW 64.44.050. The law enforcement agency shall
pay for all costs incurred as a result of the towing if the vehicle owner does not pay within thirty days. The law enforcement agency may seek reimbursement from the owner.
[2008 c 201 § 3.]
46.55.117
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120 Redemption of vehicles—Sale of unredeemed property—Improper impoundment. (1) Vehicles
or other items of personal property registered or titled with
the department that are impounded by registered tow truck
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113,
or 9A.88.140 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person
authorized in writing by the registered owner or the vehicle’s
insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the
vehicle or other item of personal property registered or titled
with the department, or one who has purchased a vehicle or
item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor,
may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a
vehicle impounded because the operator is in violation of
RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the
requirements of (e) of this subsection, including paying all
towing, removal, and storage fees, notwithstanding the fact
that the hold was ordered by a government agency. If the
department’s records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local
ordinance within the past five years, the vehicle may be held
46.55.120
[Title 46 RCW—page 220]
for up to thirty days at the written direction of the agency
ordering the vehicle impounded. A vehicle impounded
because the operator is arrested for a violation of RCW
46.20.342 may be released only pursuant to a written order
from the agency that ordered the vehicle impounded or from
the court having jurisdiction. An agency may issue a written
order to release pursuant to a provision of an applicable state
agency rule or local ordinance authorizing release on the
basis of the following:
(i) Economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator’s criminal history and driving record;
or
(ii) The owner of the vehicle was not the driver, the
owner did not know that the driver’s license was suspended
or revoked, and the owner has not received a prior release
under this subsection or RCW 46.55.113(3).
In order to avoid discriminatory application, other than
for the reasons for release set forth in (a)(i) and (ii) of this
subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all
other circumstances without discretion.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be
held for up to thirty days at the written direction of the agency
ordering the vehicle impounded. However, if the department’s records show that the operator has been convicted of
a violation of RCW 46.20.342(1) (a) or (b) or a similar local
ordinance within the past five years, the vehicle may be held
at the written direction of the agency ordering the vehicle
impounded for up to sixty days, and for up to ninety days if
the operator has two or more such prior offenses. If a vehicle
is impounded because the operator is arrested for a violation
of RCW 46.20.342, the vehicle may not be released until a
person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the
fact that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a suspended
license impound, a person who desires to redeem the vehicle
at the end of the period of impound shall within five days of
the impound at the request of the tow truck operator pay a
security deposit to the tow truck operator of not more than
one-half of the applicable impound storage rate for each day
of the proposed suspended license impound. The tow truck
operator shall credit this amount against the final bill for
removal, towing, and storage upon redemption. The tow
truck operator may accept other sufficient security in lieu of
the security deposit. If the person desiring to redeem the
vehicle does not pay the security deposit or provide other
security acceptable to the tow truck operator, the tow truck
operator may process and sell at auction the vehicle as an
abandoned vehicle within the normal time limits set out in
RCW 46.55.130(1). The security deposit required by this
section may be paid and must be accepted at any time up to
twenty-four hours before the beginning of the auction to sell
the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck
operator shall sell the vehicle to the highest bidder who is not
the registered owner.
(2008 Ed.)
Towing and Impoundment
(c) Notwithstanding (b) of this subsection, a rental car
business may immediately redeem a rental vehicle it owns by
payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license
impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the
vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended
license impound. A motor vehicle dealer or lender with a
perfected security interest in the vehicle may not knowingly
and intentionally engage in collusion with a registered owner
to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license
impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the
vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter
62A.9A RCW, including providing redemption rights to the
debtor under RCW 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the
vehicle under chapter 62A.9A RCW is conditioned upon the
debtor obtaining and providing proof from the impounding
authority or court having jurisdiction that any fines, penalties,
and forfeitures owed by the registered owner, as a result of
the suspended license impound, have been paid, and proof of
the payment must be tendered to the vehicle dealer or lender
at the time the debtor tenders all other obligations required to
redeem the vehicle. Vehicle dealers or lenders are not liable
for damages if they rely in good faith on an order from the
impounding agency or a court in releasing a vehicle held
under a suspended license impound.
(e) The vehicle or other item of personal property registered or titled with the department shall be released upon the
presentation to any person having custody of the vehicle of
commercially reasonable tender sufficient to cover the costs
of towing, storage, or other services rendered during the
course of towing, removing, impounding, or storing any such
vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a
vehicle is impounded because the operator was arrested for a
violation of RCW 46.20.342 or 46.20.345 and was being
operated by the registered owner when it was impounded
under local ordinance or agency rule, it must not be released
to any person until the registered owner establishes with the
agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed
by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on
an order from the impounding agency or a court in releasing
a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation,
cash, major bank credit cards issued by financial institutions,
or personal checks drawn on Washington state branches of
financial institutions if accompanied by two pieces of valid
identification, one of which may be required by the operator
to have a photograph. If the towing firm cannot determine
through the customer’s bank or a check verification service
that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept
(2008 Ed.)
46.55.120
the check. Any person who stops payment on a personal
check or credit card, or does not make restitution within ten
days from the date a check becomes insufficient due to lack
of funds, to a towing firm that has provided a service pursuant
to this section or in any other manner defrauds the towing
firm in connection with services rendered pursuant to this
section shall be liable for damages in the amount of twice the
towing and storage fees, plus costs and reasonable attorney’s
fees.
(2)(a) The registered tow truck operator shall give to
each person who seeks to redeem an impounded vehicle, or
item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a
form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the
towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle
under this section has a right to a hearing in the district or
municipal court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the
amount of towing and storage charges. The district court has
jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents.
The municipal court has jurisdiction to determine the issues
involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on
the form provided for that purpose and must be received by
the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and
more than five days before the date of the auction. At the
time of the filing of the hearing request, the petitioner shall
pay to the court clerk a filing fee in the same amount required
for the filing of a suit in district court. If the hearing request
is not received by the court within the ten-day period, the
right to a hearing is waived and the registered owner is liable
for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing
request, the court shall proceed to hear and determine the
validity of the impoundment.
(3)(a) The court, within five days after the request for a
hearing, shall notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered
and legal owners of the vehicle or other item of personal
property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the
hearing may produce any relevant evidence to show that the
impoundment, towing, or storage fees charged were not
proper. The court may consider a written report made under
oath by the officer who authorized the impoundment in lieu
of the officer’s personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the
posted rates, and who is responsible for payment of the fees.
The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
[Title 46 RCW—page 221]
46.55.130
Title 46 RCW: Motor Vehicles
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did
not have a signed and valid impoundment authorization from
a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation
of this chapter, then the registered and legal owners of the
vehicle or other item of personal property registered or titled
with the department shall bear no impoundment, towing, or
storage fees, and any security shall be returned or discharged
as appropriate, and the person or agency who authorized the
impoundment shall be liable for any towing, storage, or other
impoundment fees permitted under this chapter. The court
shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for
the impoundment, towing, and storage fees paid. In addition,
the court shall enter judgment in favor of the registered and
legal owners of the vehicle, or other item of personal property
registered or titled with the department, for the amount of the
filing fee required by law for the impound hearing petition as
well as reasonable damages for loss of the use of the vehicle
during the time the same was impounded against the person
or agency authorizing the impound. However, if an
impoundment arising from an alleged violation of RCW
46.20.342 or 46.20.345 is determined to be in violation of this
chapter, then the law enforcement officer directing the
impoundment and the government employing the officer are
not liable for damages if the officer relied in good faith and
without gross negligence on the records of the department in
ascertaining that the operator of the vehicle had a suspended
or revoked driver’s license. If any judgment entered is not
paid within fifteen days of notice in writing of its entry, the
court shall award reasonable attorneys’ fees and costs against
the defendant in any action to enforce the judgment. Notice
of entry of judgment may be made by registered or certified
mail, and proof of mailing may be made by affidavit of the
party mailing the notice. Notice of the entry of the judgment
shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was
entered against you in the . . . . . . Court located at
. . . . . . in the sum of $. . . . . ., in an action entitled
. . . . . ., Case No. . . . . YOU ARE FURTHER
NOTIFIED that attorneys fees and costs will be
awarded against you under RCW . . . if the judgment
is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . . . . . . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is
not redeemed within fifteen days of mailing of the notice of
custody and sale as required by RCW 46.55.110(3) shall be
sold at public auction in accordance with all the provisions
and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the
department may be redeemed at any time before the start of
the auction upon payment of the applicable towing and stor[Title 46 RCW—page 222]
age fees. [2004 c 250 § 1; 2003 c 177 § 2; 2000 c 193 § 1.
Prior: 1999 c 398 § 7; 1999 c 327 § 5; 1998 c 203 § 5; 1996
c 89 § 2; 1995 c 360 § 7; 1993 c 121 § 3; 1989 c 111 § 11;
1987 c 311 § 12; 1985 c 377 § 12.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.130
46.55.130 Notice requirements—Public auction—
Accumulation of storage charges. (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(3) to the registered
and legal owners, the vehicle remains unclaimed and has not
been listed as a stolen vehicle, or a suspended license
impound has been directed, but no security paid under RCW
46.55.120, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public
auction after having first published a notice of the date, place,
and time of the auction, and a method to contact the tow truck
operator conducting the auction such as a telephone number,
electronic mail address, or web site, in a newspaper of general circulation in the county in which the vehicle is located
not less than three days and no more than ten days before the
date of the auction. For the purposes of this section, a newspaper of general circulation may be a commercial, widely circulated, free, classified advertisement circular not affiliated
with the registered tow truck operator and the notice may be
listed in a classification delineating "auctions" or similar language designed to attract potential bidders to the auction.
The notice shall contain a notification that a public viewing
period will be available before the auction and the length of
the viewing period. The auction shall be held during daylight
hours of a normal business day. The viewing period must be
one hour if twenty-five or fewer vehicles are to be auctioned,
two hours if more than twenty-five and fewer than fifty vehicles are to be auctioned, and three hours if fifty or more vehicles are to be auctioned.
(2) The following procedures are required in any public
auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all
persons present are given an equal time and opportunity to
bid;
(b) All bidders must be present at the time of auction
unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid
method, a written bid on a specific vehicle. Written bids may
be submitted up to five days before the auction and shall
clearly state which vehicle is being bid upon, the amount of
the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall
be used so that everyone knows the dollar value that must be
exceeded;
(d) The highest two bids received shall be recorded in
written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has
the right to purchase the vehicle for the amount of his or her
bid;
(f) The successful bidder shall apply for title within fifteen days;
(2008 Ed.)
Towing and Impoundment
(g) The registered tow truck operator shall post a copy of
the auction procedure at the bidding site. If the bidding site is
different from the licensed office location, the operator shall
post a clearly visible sign at the office location that describes
in detail where the auction will be held. At the bidding site a
copy of the newspaper advertisement that lists the vehicles
for sale shall be posted;
(h) All surplus moneys derived from the auction after
satisfaction of the registered tow truck operator’s lien shall be
remitted within thirty days to the department for deposit in
the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted
funds. If the director subsequently receives a valid claim
from the registered vehicle owner of record as determined by
the department within one year from the date of the auction,
the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the
successful bidder at auction, the operator shall, within fortyfive days, sell the vehicle to a licensed vehicle wrecker, hulk
hauler, or scrap processor by use of the abandoned vehicle
report-affidavit of sale, or the operator shall apply for title to
the vehicle.
(3) A tow truck operator may refuse to accept a bid at an
abandoned vehicle auction under this section for any reason
in the operator’s posted operating procedures and for any of
the following reasons: (a) The bidder is currently indebted to
the operator; (b) the operator has knowledge that the bidder
has previously abandoned vehicles purchased at auction; or
(c) the bidder has purchased, at auction, more than four vehicles in the last calendar year without obtaining title to any or
all of the vehicles. In no case may an operator hold a vehicle
for longer than ninety days without holding an auction on the
vehicle, except for vehicles that are under a police or judicial
hold.
(4)(a) In no case may the accumulation of storage
charges exceed fifteen days from the date of receipt of the
information by the operator from the department as provided
by RCW 46.55.110(3).
(b) The failure of the registered tow truck operator to
comply with the time limits provided in this chapter limits the
accumulation of storage charges to five days except where
delay is unavoidable. Providing incorrect or incomplete
identifying information to the department in the abandoned
vehicle report shall be considered a failure to comply with
these time limits if correct information is available. However, storage charges begin to accrue again on the date the
correct and complete information is provided to the department by the registered tow truck operator. [2006 c 28 § 1;
2002 c 279 § 12; 2000 c 193 § 2; 1998 c 203 § 6; 1989 c 111
§ 12; 1987 c 311 § 13; 1985 c 377 § 13.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.140 Operator’s lien, deficiency claim, liability.
(1) A registered tow truck operator who has a valid and
signed impoundment authorization has a lien upon the
impounded vehicle for services provided in the towing and
storage of the vehicle, unless the impoundment is determined
to have been invalid. The lien does not apply to personal
property in or upon the vehicle that is not permanently
attached to or is not an integral part of the vehicle except for
46.55.140
(2008 Ed.)
46.55.150
items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency
claim against the registered owner of the vehicle for services
provided in the towing and storage of the vehicle not to
exceed the sum of five hundred dollars after deduction of the
amount bid at auction, and for vehicles of over ten thousand
pounds gross vehicle weight, the operator has a deficiency
claim of one thousand dollars after deduction of the amount
bid at auction, unless the impound is determined to be
invalid. The limitation on towing and storage deficiency
claims does not apply to an impound directed by a law
enforcement officer. In no case may the cost of the auction or
a buyer’s fee be added to the amount charged for the vehicle
at the auction, the vehicle’s lien, or the overage due. A registered owner who has completed and filed with the department
the seller’s report as provided for by RCW 46.12.101 and has
timely and properly filed the seller’s report is relieved of liability under this section. The person named as the new owner
of the vehicle on the timely and properly filed seller’s report
shall assume liability under this section.
(2) Any person who tows, removes, or otherwise disturbs
any vehicle parked, stalled, or otherwise left on privately
owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to
the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not
comply with the requirements of this chapter. [1995 c 360 §
8; 1992 c 200 § 1; 1991 c 20 § 2; 1989 c 111 § 13; 1987 c 311
§ 14; 1985 c 377 § 14.]
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150 Vehicle transaction file. The registered tow
truck operator shall keep a transaction file on each vehicle.
The transaction file shall contain as a minimum those of the
following items that are required at the time the vehicle is
redeemed or becomes abandoned and is sold at a public auction:
(1) A signed impoundment authorization as required by
RCW 46.55.080;
(2) A record of the twenty-four hour written impound
notice to a law enforcement agency;
(3) A copy of the impoundment notification to registered
and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name
of the person or agency under whose authority the vehicle
was impounded;
(4) A copy of the abandoned vehicle report that was sent
to and returned by the department;
(5) A copy and proof of mailing of the notice of custody
and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;
(6) A copy of the published notice of public auction;
(7) A copy of the affidavit of sale showing the sales date,
purchaser, amount of the lien, and sale price;
(8) A record of the two highest bid offers on the vehicle,
with the names, addresses, and telephone numbers of the two
bidders;
46.55.150
[Title 46 RCW—page 223]
46.55.160
Title 46 RCW: Motor Vehicles
(9) A copy of the notice of opportunity for hearing given
to those who redeem vehicles;
(10) An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of three
years. [1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377 § 15.]
46.55.160 Availability of records, equipment, and
facilities for audit and inspection. Records, equipment, and
facilities of a registered tow truck operator shall be available
during normal business hours for audit or inspection by the
department of licensing, the Washington state patrol, or any
law enforcement agency having jurisdiction. [1985 c 377 §
16.]
46.55.160
46.55.170 Complaints, where forwarded. (1) All law
enforcement agencies or local licensing agencies that receive
complaints involving registered tow truck operators shall forward the complaints, along with any supporting documents
including all results from local investigations, to the department.
(2) Complaints involving deficiencies of equipment shall
be forwarded by the department to the state patrol. [1987 c
330 § 741; 1985 c 377 § 17.]
46.55.170
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.55.180 Presiding officer at licensing hearing. The
director or the chief of the state patrol may use a hearing
officer or administrative law judge for presiding over a hearing regarding licensing provisions under this chapter or rules
adopted under it. [1989 c 111 § 15; 1987 c 330 § 742; 1985
c 377 § 18.]
46.55.180
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.55.190 Rules. The director, in cooperation with the
chief of the Washington state patrol, shall adopt rules that
carry out the provisions and intent of this chapter. [1985 c
377 § 19.]
46.55.190
46.55.200 Penalties for certain acts or omissions. A
registered tow truck operator’s license may be denied, suspended, or revoked, or the licensee may be ordered to pay a
monetary penalty of a civil nature, not to exceed one thousand dollars per violation, or the licensee may be subjected to
any combination of license and monetary penalty, whenever
the director has reason to believe the licensee has committed,
or is at the time committing, a violation of this chapter or
rules adopted under it or any other statute or rule relating to
the title or disposition of vehicles or vehicle hulks, including
but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having in the operator’s possession at all times while
transporting it, appropriate evidence of ownership or an
impound authorization properly executed by the private person or public official having control over the property on
which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal owner
on a certificate of title, or forging the signature of any autho46.55.200
[Title 46 RCW—page 224]
rized person on documents pertaining to unauthorized or
abandoned vehicles or automobile hulks;
(3) Failing to comply with the statutes and rules relating
to the processing and sale of abandoned vehicles;
(4) Failing to accept bids on any abandoned vehicle
offered at public sale;
(5) Failing to transmit to the state surplus funds derived
from the sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his possession,
without notifying law enforcement officials, a vehicle that he
knows or has reason to know has been stolen or illegally
appropriated without the consent of the owner;
(7) Failing to comply with the statutes and rules relating
to the transfer of ownership of vehicles or other procedures
after public sale; or
(8) Failing to pay any civil monetary penalty assessed by
the director pursuant to this section within ten days after the
assessment becomes final.
All orders by the director made under this chapter are
subject to the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 111 § 16; 1985 c 377 § 20.]
46.55.210 Cease and desist order. Whenever it
appears to the director that any registered tow truck operator
or a person offering towing services has engaged in or is
about to engage in any act or practice constituting a violation
of any provision of this chapter or any rule adopted hereunder, the director may issue an order directing the operator or
person to cease and desist from continuing the act or practice.
Reasonable notice of and opportunity for a hearing shall be
given. The director may issue a temporary order pending a
hearing. The temporary order shall remain in effect until ten
days after the hearing is held and shall become final if the
person to whom notice is addressed does not request a hearing within fifteen days after the receipt of notice. [1987 c 311
§ 17; 1985 c 377 § 21.]
46.55.210
46.55.220 Refusal to issue license, grounds for. If an
application for a license to conduct business as a registered
tow truck operator is filed by any person whose license has
previously been canceled for cause by the department, or if
the department is of the opinion that the application is not
filed in good faith or that the application is filed by some person as a subterfuge for the real person in interest whose
license has previously been canceled for cause, the department, after a hearing, of which the applicant has been given
twenty days’ notice in writing and at which the applicant may
appear in person or by counsel and present testimony, may
refuse to issue such a person a license to conduct business as
a registered tow truck operator. [1987 c 311 § 18; 1985 c 377
§ 22.]
46.55.220
JUNK VEHICLE DISPOSITION
46.55.230 Junk vehicles—Removal, disposal, sale—
Penalties—Cleanup restitution payment. (1)(a) Notwithstanding any other provision of law, any law enforcement
officer having jurisdiction, or any employee or officer of a
jurisdictional health department acting pursuant to RCW
70.95.240, or any person authorized by the director shall
46.55.230
(2008 Ed.)
Towing and Impoundment
inspect and may authorize the disposal of an abandoned junk
vehicle. The person making the inspection shall record the
make and vehicle identification number or license number of
the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the
approximate value of the parts.
(b) A tow truck operator may authorize the disposal of an
abandoned junk vehicle if the vehicle has been abandoned
two or more times, the registered ownership information has
not changed since the first abandonment, and the registered
owner is also the legal owner.
(2) The law enforcement officer or department representative shall provide information on the vehicle’s registered
and legal owner to the landowner.
(3) Upon receiving information on the vehicle’s registered and legal owner, the landowner shall mail a notice to the
registered and legal owners shown on the records of the
department. The notification shall describe the redemption
procedure and the right to arrange for the removal of the vehicle.
(4) If the vehicle remains unclaimed more than fifteen
days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the
vehicle or sign an affidavit of sale to be used as a title document.
(5) If no information on the vehicle’s registered and legal
owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.
(6) It is a gross misdemeanor for a person to abandon a
junk vehicle on property. If a junk vehicle is abandoned, the
vehicle’s registered owner shall also pay a cleanup restitution
payment equal to twice the costs incurred in the removal of
the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which
the junk vehicle is located, and one-half of the restitution
payment to the law enforcement agency or jurisdictional
health department investigating the incident.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person
with possession or control of private property, or a public
official having jurisdiction over public property.
(8) A person complying in good faith with the requirements of this section is immune from any liability arising out
of an action taken or omission made in the compliance.
[2002 c 279 § 13; 2001 c 139 § 3; 2000 c 154 § 4; 1991 c 292
§ 2; 1987 c 311 § 19; 1985 c 377 § 23.]
Severability—2000 c 154: See note following RCW 70.93.030.
LOCAL REGULATION
46.55.240 Local ordinances—Requirements. (1) A
city, town, or county that adopts an ordinance or resolution
concerning unauthorized, abandoned, or impounded vehicles
shall include the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize
other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that establishes a written form of authorization to
46.55.240
(2008 Ed.)
46.55.240
impound, which may include a law enforcement notice of
infraction or citation, clearly denoting the agency’s authorization to impound.
(c) A city, town, or county may, by ordinance, provide
for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of
redemption the legal or registered owner requests a hearing
on the validity of the impoundment. If the municipal ordinance directs the release of an impounded vehicle before the
payment of the impoundment charges, the municipality is
responsible for the payment of those charges to the registered
tow truck operator within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in
this section may be conducted by an administrative hearings
officer instead of in the district court. A decision made by an
administrative hearing officer may be appealed to the district
court for final judgment.
(2) A city, town, or county may adopt an ordinance
establishing procedures for the abatement and removal as
public nuisances of junk vehicles or parts thereof from private property. Costs of removal may be assessed against the
registered owner of the vehicle if the identity of the owner
can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the
costs may be assessed against the owner of the property on
which the vehicle is stored. A city, town, or county may also
provide for the payment to the tow truck operator or wrecker
as a part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered
owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the
vehicle will be removed;
(b) A provision requiring that if a request for a hearing is
received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the
vehicle or part thereof as a public nuisance shall be mailed,
by certified mail, with a five-day return receipt requested, to
the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record
unless the vehicle is in such condition that identification
numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a
vehicle or part thereof that is completely enclosed within a
building in a lawful manner where it is not visible from the
street or other public or private property or (ii) a vehicle or
part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler or licensed vehicle dealer and is fenced according
to RCW 46.80.130;
(d) A provision that the owner of the land on which the
vehicle is located may appear in person at the hearing or
present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land
without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the local agency
shall not assess costs of administration or removal of the
[Title 46 RCW—page 225]
46.55.300
Title 46 RCW: Motor Vehicles
vehicle against the property upon which the vehicle is located
or otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the
intent of the city, town, or county to dispose of the vehicle
and after a hearing, if requested, has been held, the vehicle or
part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and
the department of licensing that the vehicle has been
wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or
parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.
(4) A registered disposer under contract to a city or
county for the impounding of vehicles shall comply with any
administrative regulations adopted by the city or county on
the handling and disposing of vehicles. [1994 c 176 § 2; 1991
c 292 § 3; 1989 c 111 § 17; 1987 c 311 § 20; 1985 c 377 § 24.]
VEHICLE IMMOBILIZATION
Chapter 46.61 RCW
RULES OF THE ROAD
Chapter 46.61
Sections
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005
46.61.015
46.61.020
46.61.021
46.61.022
46.61.024
46.61.025
46.61.030
46.61.035
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050
46.61.055
46.61.060
46.61.065
46.61.070
46.61.072
46.61.075
46.61.080
46.61.085
46.55.300
46.55.300 Vehicle immobilization. (1) A property
owner shall not immobilize any vehicle owned by a person
other than the property owner.
(2) This section does not apply to property owned by the
state or any unit of local government.
(3) A violation of this section is a gross misdemeanor.
[2005 c 88 § 1.]
MISCELLANEOUS
46.55.900
46.55.900 Severability—1985 c 377. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 377 § 26.]
46.55.901
46.55.901 Headings not part of law—1985 c 377.
Headings and captions used in this act are not any part of the
law. [1985 c 377 § 27.]
46.55.902
46.55.902 Effective date—1985 c 377. This act shall
take effect on January 1, 1986. [1985 c 377 § 31.]
[Title 46 RCW—page 226]
Obedience to and required traffic control devices.
Traffic control signal legend.
Pedestrian control signals.
Flashing signals.
Lane-direction-control signals.
Special traffic control signals—Legend.
Display of unauthorized signs, signals, or markings.
Interference with official traffic-control devices or railroad
signs or signals.
Traffic control signals or devices upon city streets forming
part of state highways—Approval by department of transportation.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—USE OF ROADWAY
46.61.100
46.61.105
46.61.110
46.61.115
46.61.120
46.61.125
46.61.126
46.61.130
46.61.135
46.61.140
46.61.145
46.61.150
46.61.155
46.61.160
46.61.165
Keep right except when passing, etc.
Passing vehicles proceeding in opposite directions.
Overtaking on the left.
When overtaking on the right is permitted.
Limitations on overtaking on the left.
Further limitations on driving to left of center of roadway.
Pedestrians and bicyclists—Legal duties.
No-passing zones.
One-way roadways and rotary traffic islands.
Driving on roadways laned for traffic.
Following too closely.
Driving on divided highways.
Restricted access.
Restrictions on limited-access highway—Use by bicyclists.
High occupancy vehicle lanes.
RIGHT-OF-WAY
46.61.180
46.61.183
46.61.185
46.61.190
46.61.195
46.61.200
46.61.202
46.61.205
46.61.210
46.61.212
46.61.215
46.61.220
Vehicle approaching intersection.
Nonfunctioning signal lights.
Vehicle turning left.
Vehicle entering stop or yield intersection.
Arterial highways designated—Stopping on entering.
Stop intersections other than arterial may be designated.
Stopping when traffic obstructed.
Vehicle entering highway from private road or driveway.
Operation of vehicles on approach of emergency vehicles.
Approaching stationary emergency vehicles, tow trucks, and
police vehicles.
Highway construction and maintenance.
Transit vehicles.
46.61.230
46.61.235
46.61.240
46.61.245
46.61.250
46.61.255
46.61.260
46.61.261
46.61.264
46.61.266
46.61.269
Pedestrians subject to traffic regulations.
Crosswalks.
Crossing at other than crosswalks.
Drivers to exercise care.
Pedestrians on roadways.
Pedestrians soliciting rides or business.
Driving through safety zone prohibited.
Sidewalks, crosswalks—Pedestrians, bicycles.
Pedestrians yield to emergency vehicles.
Pedestrians under the influence of alcohol or drugs.
Passing beyond bridge or grade crossing barrier prohibited.
PEDESTRIANS’ RIGHTS AND DUTIES
46.55.910
46.55.910 Chapter not applicable to certain activities
of department of transportation. This chapter does not
apply to the state department of transportation to the extent
that it may remove vehicles that are traffic hazards from
bridges and the mountain passes without prior authorization.
If such a vehicle is removed, the department shall immediately notify the appropriate local law enforcement agency,
and the vehicle shall be processed in accordance with RCW
46.55.110. [1989 c 111 § 18.]
Chapter refers to vehicles upon highways—Exceptions.
Obedience to police officers, flaggers, or firefighters—Penalty.
Refusal to give information to or cooperate with officer—
Penalty.
Duty to obey law enforcement officer—Authority of officer.
Failure to obey officer—Penalty.
Attempting to elude police vehicle—Defense—License
revocation.
Persons riding animals or driving animal-drawn vehicles.
Persons working on highway right-of-way—Exceptions.
Authorized emergency vehicles.
(2008 Ed.)
Rules of the Road
TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
46.61.290
46.61.295
46.61.300
46.61.305
46.61.310
46.61.315
Required position and method of turning at intersections.
"U" turns.
Starting parked vehicle.
When signals required—Improper use prohibited.
Signals by hand and arm or signal lamps.
Method of giving hand and arm signals.
46.61.340
46.61.345
46.61.350
Approaching train signal.
All vehicles must stop at certain railroad grade crossings.
Certain vehicles must stop at all railroad grade crossings—
Exceptions.
Moving heavy equipment at railroad grade crossings—
Notice of intended crossing.
Emerging from alley, driveway, or building.
Overtaking or meeting school bus—Duties of bus driver.
School bus stop sign violators—Identification by vehicle
owner.
School bus stop sign violators—Report by bus driver—Law
enforcement investigation.
Overtaking or meeting private carrier bus—Duties of bus
driver.
Rules for design, marking, and mode of operating school
buses.
School patrol—Appointment—Authority—Finance—Insurance.
46.61.524
46.61.5249
46.61.525
46.61.527
46.61.530
46.61.535
46.61.540
SPECIAL STOPS REQUIRED
46.61.355
46.61.365
46.61.370
46.61.371
46.61.372
46.61.375
46.61.380
46.61.385
SPEED RESTRICTIONS
46.61.400
46.61.405
46.61.410
46.61.415
46.61.419
46.61.425
46.61.427
46.61.428
46.61.430
46.61.435
46.61.440
46.61.445
46.61.450
46.61.455
46.61.460
46.61.465
46.61.470
Basic rule and maximum limits.
Decreases by secretary of transportation.
Increases by secretary of transportation—Maximum speed
limit for trucks—Auto stages—Signs and notices.
When local authorities may alter maximum limits.
Private roads—Speed enforcement.
Minimum speed regulation—Passing slow moving vehicle.
Slow-moving vehicle to pull off roadway.
Slow-moving vehicle driving on shoulders, when.
Authority of secretary of transportation to fix speed limits on
limited access facilities exclusive—Local regulations.
Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as
arterials.
Maximum speed limit when passing school or playground
crosswalks—Penalty, disposition of proceeds.
Due care required.
Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—Posting limits.
Vehicles with solid or hollow cushion tires.
Special speed limitation on motor-driven cycle.
Exceeding speed limit evidence of reckless driving.
Speed traps defined, certain types permitted—Measured
courses, speed measuring devices, timing from aircraft.
RECKLESS DRIVING, DRIVING UNDER THE INFLUENCE,
VEHICULAR HOMICIDE AND ASSAULT
46.61.500
46.61.502
46.61.503
46.61.504
46.61.5054
46.61.5055
46.61.5056
46.61.50571
46.61.5058
46.61.506
46.61.508
46.61.513
46.61.5151
46.61.5152
46.61.516
46.61.517
46.61.519
46.61.5191
46.61.5195
46.61.520
46.61.522
(2008 Ed.)
Reckless driving—Penalty.
Driving under the influence.
Driver under twenty-one consuming alcohol—Penalties.
Physical control of vehicle under the influence.
Alcohol violators—Additional fee—Distribution.
Alcohol violators—Penalty schedule.
Alcohol violators—Information school—Evaluation and
treatment.
Alcohol violators—Mandatory appearances.
Alcohol violators—Vehicle seizure and forfeiture.
Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests.
Liability of medical personnel withdrawing blood.
Criminal history and driving record.
Sentences—Intermittent fulfillment—Restrictions.
Attendance at program focusing on victims.
Qualified probation department defined.
Refusal of test—Admissibility as evidence.
Alcoholic beverages—Drinking or open container in vehicle
on highway—Exceptions.
Local ordinances not prohibited.
Disguising alcoholic beverage container.
Vehicular homicide—Penalty.
Vehicular assault—Penalty.
Chapter 46.61
Vehicular homicide, assault—Evaluation, treatment of drug
or alcohol problem.
Negligent driving—First degree.
Negligent driving—Second degree.
Roadway construction zones.
Racing of vehicles on highways—Reckless driving—Exception.
Advertising of unlawful speed—Reckless driving.
"Drugs," what included.
STOPPING, STANDING, AND PARKING
46.61.560
46.61.570
46.61.575
46.61.577
46.61.581
46.61.582
46.61.583
46.61.585
46.61.587
46.61.590
Stopping, standing, or parking outside business or residence
districts.
Stopping, standing, or parking prohibited in specified
places—Reserving portion of highway prohibited.
Additional parking regulations.
Regulations governing parking facilities.
Parking spaces for persons with disabilities—Indication,
access—Failure, penalty.
Free parking for persons with disabilities.
Special plate or card issued by another jurisdiction.
Winter recreational parking areas—Special permit required.
Winter recreational parking areas—Penalty.
Unattended motor vehicle—Removal from highway.
MISCELLANEOUS RULES
46.61.600
46.61.605
46.61.606
46.61.608
46.61.610
46.61.611
46.61.612
46.61.613
46.61.614
46.61.615
46.61.620
46.61.625
46.61.630
46.61.635
46.61.640
46.61.645
46.61.655
46.61.660
46.61.665
46.61.667
46.61.668
46.61.670
46.61.675
46.61.680
46.61.685
46.61.687
46.61.6871
46.61.688
46.61.6885
46.61.690
46.61.700
46.61.710
46.61.720
46.61.723
46.61.725
46.61.730
46.61.735
46.61.740
Unattended motor vehicle.
Limitations on backing.
Driving on sidewalk prohibited—Exception.
Operating motorcycles on roadways laned for traffic.
Riding on motorcycles.
Motorcycles—Maximum height for handlebars.
Riding on motorcycles—Position of feet.
Motorcycles—Temporary suspension of restrictions for
parades or public demonstrations.
Riding on motorcycles—Clinging to other vehicles.
Obstructions to driver’s view or driving mechanism.
Opening and closing vehicle doors.
Riding in trailers or towed vehicles.
Coasting prohibited.
Following fire apparatus prohibited.
Crossing fire hose.
Throwing materials on highway prohibited—Removal.
Dropping load, other materials—Covering.
Carrying persons or animals on outside part of vehicle.
Embracing another while driving.
Using a wireless communications device while driving.
Sending, reading, or writing a text message while driving.
Driving with wheels off roadway.
Causing or permitting vehicle to be unlawfully operated.
Lowering passenger vehicle below legal clearance—Penalty.
Leaving children unattended in standing vehicle with motor
running—Penalty.
Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance not negligence—Immunity.
Child passenger safety technician—Immunity.
Safety belts, use required—Penalties—Exemptions.
Child restraints, seatbelts—Educational campaign.
Violations relating to toll facilities.
Parent or guardian shall not authorize or permit violation by
a child or ward.
Mopeds, EPAMDs, electric-assisted bicycles, motorized foot
scooters—General requirements and operation.
Mopeds—Safety standards.
Medium-speed electric vehicles.
Neighborhood electric vehicles.
Wheelchair conveyances.
Ferry queues—Violations—Exemptions.
Theft of motor vehicle fuel.
OPERATION OF NONMOTORIZED VEHICLES
46.61.750
46.61.755
46.61.758
46.61.760
46.61.765
46.61.770
46.61.775
46.61.780
46.61.790
46.61.990
Effect of regulations—Penalty.
Traffic laws apply to persons riding bicycles.
Hand signals.
Riding on bicycles.
Clinging to vehicles.
Riding on roadways and bicycle paths.
Carrying articles.
Lamps and other equipment on bicycles.
Intoxicated bicyclists.
Recodification of sections—Organization of chapter—Construction.
[Title 46 RCW—page 227]
46.61.005
46.61.991
Title 46 RCW: Motor Vehicles
Severability—1965 ex.s. c 155.
Additional statutory assessments: RCW 3.62.090.
Limited access highways, turning, parking violations: RCW 47.52.120.
Traffic signal preemption devices, use of: RCW 46.37.670 through
46.37.675.
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005 Chapter refers to vehicles upon highways—Exceptions. The provisions of this chapter relating
to the operation of vehicles refer exclusively to the operation
of vehicles upon highways except:
(1) Where a different place is specifically referred to in a
given section.
(2) The provisions of RCW 46.52.010 through
46.52.090, 46.61.500 through 46.61.525, and 46.61.5249
shall apply upon highways and elsewhere throughout the
state. [1997 c 66 § 13; 1990 c 291 § 4; 1965 ex.s. c 155 § 1.]
46.61.005
46.61.015 Obedience to police officers, flaggers, or
firefighters—Penalty. (1) No person shall willfully fail or
refuse to comply with any lawful order or direction of any
duly authorized flagger or any police officer or firefighter
invested by law with authority to direct, control, or regulate
traffic.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 244; 2000 c 239 § 4; 1995 c 50 § 1; 1975 c 62 § 17; 1965
ex.s. c 155 § 3.]
46.61.015
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.020 Refusal to give information to or cooperate
with officer—Penalty. (1) It is unlawful for any person
while operating or in charge of any vehicle to refuse when
requested by a police officer to give his or her name and
address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and
it is likewise unlawful for any such person to refuse or
neglect to stop when signaled to stop by any police officer or
to refuse upon demand of such police officer to produce his
or her certificate of license registration of such vehicle, his or
her insurance identification card, or his or her vehicle driver’s
license or to refuse to permit such officer to take any such
license, card, or certificate for the purpose of examination
thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to
refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his or her vehicle
driver’s license when requested by any court. Any police
officer shall on request produce evidence of his or her authorization as such.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 245; 1995 c 50 § 2; 1989 c 353 § 6; 1967 c 32 § 65; 1961
c 12 § 46.56.190. Prior: 1937 c 189 § 126; RRS § 6360-126;
1927 c 309 § 38; RRS § 6362-38. Formerly RCW
46.56.190.]
46.61.020
[Title 46 RCW—page 228]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.61.021 Duty to obey law enforcement officer—
Authority of officer. (1) Any person requested or signaled
to stop by a law enforcement officer for a traffic infraction
has a duty to stop.
(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable
period of time necessary to identify the person, check for outstanding warrants, check the status of the person’s license,
insurance identification card, and the vehicle’s registration,
and complete and issue a notice of traffic infraction.
(3) Any person requested to identify himself or herself to
a law enforcement officer pursuant to an investigation of a
traffic infraction has a duty to identify himself or herself and
give his or her current address. [2006 c 270 § 1; 1997 1st
sp.s. c 1 § 1; 1989 c 353 § 7; 1979 ex.s. c 136 § 4.]
46.61.021
Effective date—1997 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [September 17, 1997]." [1997 1st sp.s. c 1 § 2.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.022 Failure to obey officer—Penalty. Any person who wilfully fails to stop when requested or signaled to
do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), is guilty
of a misdemeanor. [1979 ex.s. c 136 § 5.]
46.61.022
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.024 Attempting to elude police vehicle—
Defense—License revocation. (1) Any driver of a motor
vehicle who willfully fails or refuses to immediately bring his
vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after
being given a visual or audible signal to bring the vehicle to a
stop, shall be guilty of a class C felony. The signal given by
the police officer may be by hand, voice, emergency light, or
siren. The officer giving such a signal shall be in uniform and
the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must
be established by a preponderance of the evidence that: (a) A
reasonable person would not believe that the signal to stop
was given by a police officer; and (b) driving after the signal
to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident
driving privilege of a person convicted of a violation of this
section shall be revoked by the department of licensing.
[2003 c 101 § 1; 1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979
ex.s. c 75 § 1.]
46.61.024
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
(2008 Ed.)
Rules of the Road
46.61.025 Persons riding animals or driving animaldrawn vehicles. Every person riding an animal or driving
any animal-drawn vehicle upon a roadway shall be granted
all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those
provisions of this chapter which by their very nature can have
no application. [1965 ex.s. c 155 § 4.]
46.61.025
46.61.030 Persons working on highway right-ofway—Exceptions. Unless specifically made applicable, the
provisions of this chapter except those contained in RCW
46.61.500 through 46.61.520 shall not apply to persons,
motor vehicles and other equipment while engaged in work
within the right-of-way of any highway but shall apply to
such persons and vehicles when traveling to or from such
work. [1969 c 76 § 1; 1965 ex.s. c 155 § 5.]
46.61.030
46.61.035 Authorized emergency vehicles. (1) The
driver of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or
suspected violator of the law or when responding to but not
upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this
chapter;
(b) Proceed past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe operation;
(c) Exceed the maximum speed limits so long as he does
not endanger life or property;
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions herein granted to an authorized
emergency vehicle shall apply only when such vehicle is
making use of visual signals meeting the requirements of
RCW 46.37.190, except that: (a) An authorized emergency
vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the vehicle;
(b) authorized emergency vehicles shall use audible signals
when necessary to warn others of the emergency nature of the
situation but in no case shall they be required to use audible
signals while parked or standing.
(4) The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such
provisions protect the driver from the consequences of his
reckless disregard for the safety of others. [1969 c 23 § 1;
1965 ex.s. c 155 § 6.]
46.61.035
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050 Obedience to and required traffic control
devices. (1) The driver of any vehicle, every bicyclist, and
every pedestrian shall obey the instructions of any official
traffic control device applicable thereto placed in accordance
with the provisions of this chapter, unless otherwise directed
by a traffic or police officer, subject to the exception granted
the driver of an authorized emergency vehicle in this chapter.
(2) No provision of this chapter for which official traffic
control devices are required shall be enforced against an
46.61.050
(2008 Ed.)
46.61.055
alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant
person. Whenever a particular section does not state that official traffic control devices are required, such section shall be
effective even though no devices are erected or in place.
(3) Whenever official traffic control devices are placed
in position approximately conforming to the requirements of
this chapter, such devices shall be presumed to have been so
placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent evidence.
(4) Any official traffic control device placed pursuant to
the provisions of this chapter and purporting to conform to
the lawful requirements pertaining to such devices shall be
presumed to comply with the requirements of this chapter,
unless the contrary shall be established by competent evidence. [1975 c 62 § 18; 1965 ex.s. c 155 § 7.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Bicycle awareness program: RCW 43.43.390.
46.61.055 Traffic control signal legend. Whenever
traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively
one at a time or in combination, only the colors green, red and
yellow shall be used, except for special pedestrian signals
carrying a word or legend, and said lights shall indicate and
apply to drivers of vehicles and pedestrians as follows:
(1) Green indication
(a) Vehicle operators facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. Vehicle operators turning right or left shall stop to allow other vehicles lawfully
within the intersection control area to complete their movements. Vehicle operators turning right or left shall also stop
for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1).
(b) Vehicle operators facing a green arrow signal, shown
alone or in combination with another indication, may enter
the intersection control area only to make the movement indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time. Vehicle operators shall stop to allow other vehicles lawfully within the
intersection control area to complete their movements. Vehicle operators shall also stop for pedestrians who are lawfully
within the intersection control area as required by RCW
46.61.235(1).
(c) Unless otherwise directed by a pedestrian control signal, as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing any green signal, except when
the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication
(a) Vehicle operators facing a steady circular yellow or
yellow arrow signal are thereby warned that the related green
movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic shall
not enter the intersection. Vehicle operators shall stop for
46.61.055
[Title 46 RCW—page 229]
46.61.060
Title 46 RCW: Motor Vehicles
pedestrians who are lawfully within the intersection control
area as required by RCW 46.61.235(1).
(b) Pedestrians facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 shall not enter the
roadway.
(3) Steady red indication
(a) Vehicle operators facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control
area and shall remain standing until an indication to proceed
is shown. However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right
turn from a one-way or two-way street into a two-way street
or into a one-way street carrying traffic in the direction of the
right turn; or a left turn from a one-way or two-way street into
a one-way street carrying traffic in the direction of the left
turn; unless a sign posted by competent authority prohibits
such movement. Vehicle operators planning to make such
turns shall remain stopped to allow other vehicles lawfully
within or approaching the intersection control area to complete their movements. Vehicle operators planning to make
such turns shall also remain stopped for pedestrians who are
lawfully within the intersection control area as required by
RCW 46.61.235(1).
(b) Unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing a steady circular red signal alone
shall not enter the roadway.
(c) Vehicle operators facing a steady red arrow indication may not enter the intersection control area to make the
movement indicated by such arrow, and unless entering the
intersection control area to make such other movement as is
permitted by other indications shown at the same time, shall
stop at a clearly marked stop line, but if none, before entering
a crosswalk on the near side of the intersection control area,
or if none, then before entering the intersection control area
and shall remain standing until an indication to make the
movement indicated by such arrow is shown. However, the
vehicle operators facing a steady red arrow indication may,
after stopping proceed to make a right turn from a one-way or
two-way street into a two-way street or into a one-way street
carrying traffic in the direction of the right turn; or a left turn
from a one-way street or two-way street into a one-way street
carrying traffic in the direction of the left turn; unless a sign
posted by competent authority prohibits such movement.
Vehicle operators planning to make such turns shall remain
stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall
also remain stopped for pedestrians who are lawfully within
the intersection control area as required by R CW
46.61.235(1).
(d) Unless otherwise directed by a pedestrian signal,
pedestrians facing a steady red arrow signal indication shall
not enter the roadway.
(4) If an official traffic control signal is erected and
maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any
[Title 46 RCW—page 230]
stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made at
the signal. [1993 c 153 § 2; 1990 c 241 § 2; 1975 c 62 § 19;
1965 ex.s. c 155 § 8.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.060 Pedestrian control signals. Whenever
pedestrian control signals exhibiting the words "Walk" or the
walking person symbol or "Don’t Walk" or the hand symbol
are operating, the signals shall indicate as follows:
(1) WALK or walking person symbol—Pedestrians facing such signal may cross the roadway in the direction of the
signal. Vehicle operators shall stop for pedestrians who are
lawfully moving within the intersection control area on such
signal as required by RCW 46.61.235(1).
(2) Steady or flashing DON’T WALK or hand symbol—
Pedestrians facing such signal shall not enter the roadway.
Vehicle operators shall stop for pedestrians who have begun
to cross the roadway before the display of either signal as
required by RCW 46.61.235(1).
(3) Pedestrian control signals having the "Wait" legend
in use on August 6, 1965, shall be deemed authorized signals
and shall indicate the same as the "Don’t Walk" legend.
Whenever such pedestrian control signals are replaced the
legend "Wait" shall be replaced by the legend "Don’t Walk"
or the hand symbol. [1993 c 153 § 3; 1990 c 241 § 3; 1975 c
62 § 20; 1965 ex.s. c 155 § 9.]
46.61.060
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.065 Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or
signal it shall require obedience by vehicular traffic as follows:
(a) FLASHING RED (STOP SIGNAL). When a red lens
is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none,
before entering a marked crosswalk on the near side of the
intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) FLASHING YELLOW (CAUTION SIGNAL).
When a yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad
grade crossings shall be governed by the rules as set forth in
RCW 46.61.340. [1975 c 62 § 21; 1965 ex.s. c 155 § 10.]
46.61.065
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.070 Lane-direction-control signals. When lanedirection-control signals are placed over the individual lanes
of a street or highway, vehicular traffic may travel in any lane
over which a green signal is shown, but shall not enter or
travel in any lane over which a red signal is shown. [1965
ex.s. c 155 § 11.]
46.61.070
(2008 Ed.)
Rules of the Road
46.61.072 Special traffic control signals—Legend.
Whenever special traffic control signals exhibit a downward
green arrow, a yellow X, or a red X indication, such signal
indication shall have the following meaning:
(1) A steady downward green arrow means that a driver
is permitted to drive in the lane over which the arrow signal
is located.
(2) A steady yellow X or flashing red X means that a
driver should prepare to vacate, in a safe manner, the lane
over which the signal is located because a lane control change
is being made, and to avoid occupying that lane when a
steady red X is displayed.
(3) A flashing yellow X means that a driver is permitted
to use a lane over which the signal is located for a left turn,
using proper caution.
(4) A steady red X means that a driver shall not drive in
the lane over which the signal is located, and that this indication shall modify accordingly the meaning of all other traffic
controls present. The driver shall obey all other traffic controls and follow normal safe driving practices. [1975 c 62 §
49.]
46.61.072
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.075 Display of unauthorized signs, signals, or
markings. (1) No person shall place, maintain or display
upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation
of or resembles an official traffic-control device or railroad
sign or signal, or which attempts to direct the movement of
traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad
sign or signal.
(2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
(3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be
mistaken for official signs.
(4) Every such prohibited sign, signal or marking is
hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to
remove the same or cause it to be removed without notice.
[1965 ex.s. c 155 § 12.]
46.61.075
46.61.080 Interference with official traffic-control
devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, deface, injure,
knock down or remove any official traffic-control device or
any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. [1965 ex.s. c 155 § 13.]
46.61.080
Interference with traffic-control signals or railroad signs or signals: RCW
47.36.130.
46.61.085 Traffic control signals or devices upon city
streets forming part of state highways—Approval by
department of transportation. No traffic control signal or
device may be erected or maintained upon any city street designated as forming a part of the route of a primary state highway or secondary state highway unless first approved by the
46.61.085
(2008 Ed.)
46.61.100
state department of transportation. [1984 c 7 § 62; 1965 ex.s.
c 155 § 14.]
Severability—1984 c 7: See note following RCW 47.01.141.
Local authorities to provide stop signs at intersections with increased speed
highways: RCW 46.61.435.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—
USE OF ROADWAY
46.61.100 Keep right except when passing, etc. (1)
Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such
movement;
(b) When an obstruction exists making it necessary to
drive to the left of the center of the highway; provided, any
person so doing shall yield the right-of-way to all vehicles
traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an
immediate hazard;
(c) Upon a roadway divided into three marked lanes and
providing for two-way movement traffic under the rules
applicable thereon;
(d) Upon a street or highway restricted to one-way traffic; or
(e) Upon a highway having three lanes or less, when
approaching a stationary authorized emergency vehicle, tow
truck or other vehicle providing roadside assistance while
operating warning lights with three hundred sixty degree visibility, or police vehicle as described under RCW
46.61.212(2).
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven
in the right-hand lane then available for traffic, except (a)
when overtaking and passing another vehicle proceeding in
the same direction, (b) when traveling at a speed greater than
the traffic flow, (c) when moving left to allow traffic to
merge, or (d) when preparing for a left turn at an intersection,
exit, or into a private road or driveway when such left turn is
legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the
right-hand lane except under the conditions enumerated in (a)
through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand
lane of a limited access roadway having three or more lanes
for traffic moving in one direction except when preparing for
a left turn at an intersection, exit, or into a private road or
driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high occupancy vehicle lane. A high occupancy vehicle lane is not considered the
left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall
adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those
segments of limited access roadway to be exempt from this
subsection due to the operational characteristics of the roadway.
46.61.100
[Title 46 RCW—page 231]
46.61.105
Title 46 RCW: Motor Vehicles
(4) It is a traffic infraction to drive continuously in the
left lane of a multilane roadway when it impedes the flow of
other traffic.
(5) Upon any roadway having four or more lanes for
moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line
of the roadway except when authorized by official traffic
control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection
(1)(b) of this section. However, this subsection shall not be
construed as prohibiting the crossing of the center line in
making a left turn into or from an alley, private road or driveway. [2007 c 83 § 2; 1997 c 253 § 1; 1986 c 93 § 2; 1972 ex.s.
c 33 § 1; 1969 ex.s. c 281 § 46; 1967 ex.s. c 145 § 58; 1965
ex.s. c 155 § 15.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Legislative intent—1986 c 93: "It is the intent of the legislature, in this
1985 [1986] amendment of RCW 46.61.100, that the left-hand lane on any
state highway with two or more lanes in the same direction be used primarily
as a passing lane." [1986 c 93 § 1.]
Information on proper use of left-hand lane: RCW 28A.220.050, 46.20.095,
46.82.430, 47.36.260.
46.61.105 Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways
having width for not more than one line of traffic in each
direction each driver shall give to the other at least one-half
of the main-traveled portion of the roadway as nearly as possible. [1975 c 62 § 22; 1965 ex.s. c 155 § 16.]
46.61.105
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.110 Overtaking on the left. The following rules
shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(1) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left thereof at a
safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken traffic.
(2) The driver of a vehicle approaching a pedestrian or
bicycle that is on the roadway or on the right-hand shoulder
or bicycle lane of the roadway shall pass to the left at a safe
distance to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of
the roadway until safely clear of the overtaken pedestrian or
bicyclist.
(3) Except when overtaking and passing on the right is
permitted, overtaken traffic shall give way to the right in
favor of an overtaking vehicle on audible signal and shall not
increase speed until completely passed by the overtaking
vehicle. [2005 c 396 § 1; 1965 ex.s. c 155 § 17.]
46.61.110
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.115 When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon the
right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to
make a left turn;
46.61.115
[Title 46 RCW—page 232]
(b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be
made by driving off the roadway. [1975 c 62 § 23; 1965 ex.s.
c 155 § 18.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.120 Limitations on overtaking on the left. No
vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing other traffic proceeding in
the same direction unless authorized by the provisions of
RCW 46.61.100 through 46.61.160 and 46.61.212 and unless
such left side is clearly visible and is free of oncoming traffic
for a sufficient distance ahead to permit such overtaking and
passing to be completely made without interfering with the
operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking
vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves
the use of a lane authorized for vehicles approaching from the
opposite direction, before coming within two hundred feet of
any approaching traffic. [2007 c 83 § 3; 2005 c 396 § 2; 1965
ex.s. c 155 § 19.]
46.61.120
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.125 Further limitations on driving to left of
center of roadway. (1) No vehicle shall be driven on the left
side of the roadway under the following conditions:
(a) When approaching or upon the crest of a grade or a
curve in the highway where the driver’s view is obstructed
within such distance as to create a hazard in the event other
traffic might approach from the opposite direction;
(b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
(c) When the view is obstructed upon approaching
within one hundred feet of any bridge, viaduct or tunnel;
(d) When a bicycle or pedestrian is within view of the
driver and is approaching from the opposite direction, or is
present, in the roadway, shoulder, or bicycle lane within a
distance unsafe to the bicyclist or pedestrian due to the width
or condition of the roadway, shoulder, or bicycle lane.
(2) The foregoing limitations shall not apply upon a oneway roadway, nor under the conditions described in RCW
46.61.100(1)(b), nor to the driver of a vehicle turning left into
or from an alley, private road or driveway. [2005 c 396 § 3;
1972 ex.s. c 33 § 2; 1965 ex.s. c 155 § 20.]
46.61.125
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.126 Pedestrians and bicyclists—Legal duties.
Nothing in RCW 46.61.110, 46.61.120, or 46.61.125 relieves
pedestrians and bicyclists of their legal duties while traveling
on public highways. [2005 c 396 § 4.]
46.61.126
46.61.130 No-passing zones. (1) The state department
of transportation and the local authorities are authorized to
determine those portions of any highway under their respec46.61.130
(2008 Ed.)
Rules of the Road
tive jurisdictions where overtaking and passing or driving to
the left of the roadway would be especially hazardous and
may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. When such signs or
markings are in place and clearly visible to an ordinarily
observant person every driver of a vehicle shall obey the
directions thereof.
(2) Where signs or markings are in place to define a nopassing zone as set forth in subsection (1) of this section, no
driver may at any time drive on the left side of the roadway
within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.
(3) This section does not apply under the conditions
described in RCW 46.61.100(1)(b), nor to the driver of a
vehicle turning left into or from an alley, private road, or
driveway. [1984 c 7 § 63; 1972 ex.s. c 33 § 3; 1965 ex.s. c
155 § 21.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.135 One-way roadways and rotary traffic
islands. (1) The state department of transportation and the
local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part
of a roadway, or specific lanes upon which vehicular traffic
shall proceed in one direction at all or such times as shall be
indicated by official traffic control devices.
(2) Upon a roadway so designated for one-way traffic, a
vehicle shall be driven only in the direction designated at all
or such times as shall be indicated by official traffic control
devices.
(3) A vehicle passing around a rotary traffic island shall
be driven only to the right of such island. [1984 c 7 § 64;
1975 c 62 § 24; 1965 ex.s. c 155 § 22.]
46.61.135
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.140 Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in addition
to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from
such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle shall not
be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such
center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at
the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is
designated by official traffic-control devices.
(3) Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated
lane or designating those lanes to be used by traffic moving in
a particular direction regardless of the center of the roadway
46.61.140
(2008 Ed.)
46.61.160
and drivers of vehicles shall obey the directions of every such
device.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device. [1965 ex.s. c 155 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.145 Following too closely. (1) The driver of a
motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition
of the highway.
(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of
a business or residence district and which is following
another motor truck or motor vehicle drawing another vehicle
shall, whenever conditions permit, leave sufficient space so
that an overtaking vehicle may enter and occupy such space
without danger, except that this shall not prevent a motor
truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or
combination of vehicles so as to enable any other vehicle to
enter and occupy such space without danger. This provision
shall not apply to funeral processions. [1965 ex.s. c 155 §
24.]
46.61.145
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.150 Driving on divided highways. Whenever
any highway has been divided into two or more roadways by
leaving an intervening space or by a physical barrier or
clearly indicated dividing section or by a median island not
less than eighteen inches wide formed either by solid yellow
pavement markings or by a yellow crosshatching between
two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand
roadway unless directed or permitted to use another roadway
by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing
space, barrier or section, or median island, except through an
opening in such physical barrier or dividing section or space
or median island, or at a crossover or intersection established
by public authority. [1972 ex.s. c 33 § 4; 1965 ex.s. c 155 §
25.]
46.61.150
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.155 Restricted access. No person shall drive a
vehicle onto or from any limited access roadway except at
such entrances and exits as are established by public authority. [1965 ex.s. c 155 § 26.]
46.61.155
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.160 Restrictions on limited-access highway—
Use by bicyclists. The department of transportation may by
order, and local authorities may by ordinance or resolution,
with respect to any limited access highway under their
46.61.160
[Title 46 RCW—page 233]
46.61.165
Title 46 RCW: Motor Vehicles
respective jurisdictions prohibit the use of any such highway
by funeral processions, or by parades, pedestrians, bicycles or
other nonmotorized traffic, or by any person operating a
motor-driven cycle. Bicyclists may use the right shoulder of
limited-access highways except where prohibited. The
department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited-access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway by bicycles
within urban areas or upon other sections of the highway
where such use is deemed to be unsafe.
The department of transportation or the local authority
adopting any such prohibitory regulation shall erect and
maintain official traffic control devices on the limited access
roadway on which such regulations are applicable, and when
so erected no person may disobey the restrictions stated on
such devices. [1982 c 55 § 5; 1975 c 62 § 25; 1965 ex.s. c 155
§ 27.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.165 High occupancy vehicle lanes. The state
department of transportation and the local authorities are
authorized to reserve all or any portion of any highway under
their respective jurisdictions, including any designated lane
or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no
fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or
will aid in the conservation of energy resources. Regulations
authorizing such exclusive or preferential use of a highway
facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority
under this section is a traffic infraction. [1999 c 206 § 1;
1998 c 245 § 90; 1991 sp.s. c 15 § 67; 1984 c 7 § 65; 1974
ex.s. c 133 § 2.]
46.61.165
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Severability—1984 c 7: See note following RCW 47.01.141.
Limited access facilities: RCW 47.52.025.
RIGHT-OF-WAY
46.61.180 Vehicle approaching intersection. (1)
When two vehicles approach or enter an intersection from
different highways at approximately the same time, the driver
of the vehicle on the left shall yield the right-of-way to the
vehicle on the right.
(2) The right-of-way rule declared in subsection (1) of
this section is modified at arterial highways and otherwise as
stated in this chapter. [1975 c 62 § 26; 1965 ex.s. c 155 § 28.]
46.61.180
Rules of court: Monetary penalty schedule—IRLJ 6.2.
sider the intersection to be an all-way stop. After stopping,
the driver shall yield the right-of-way in accordance with
RCW 46.61.180(1) and 46.61.185. [1999 c 200 § 1.]
46.61.185 Vehicle turning left. The driver of a vehicle
intending to turn to the left within an intersection or into an
alley, private road, or driveway shall yield the right-of-way to
any vehicle approaching from the opposite direction which is
within the intersection or so close thereto as to constitute an
immediate hazard. [1965 ex.s. c 155 § 29.]
46.61.185
46.61.190 Vehicle entering stop or yield intersection.
(1) Preferential right-of-way may be indicated by stop signs
or yield signs as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly authorized
flagger, or a police officer, or a firefighter vested by law with
authority to direct, control, or regulate traffic, every driver of
a vehicle approaching a stop sign shall stop at a clearly
marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at
the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway
before entering the roadway, and after having stopped shall
yield the right-of-way to any vehicle in the intersection or
approaching on another roadway so closely as to constitute
an immediate hazard during the time when such driver is
moving across or within the intersection or junction of roadways.
(3) The driver of a vehicle approaching a yield sign shall
in obedience to such sign slow down to a speed reasonable
for the existing conditions and if required for safety to stop,
shall stop at a clearly marked stop line, but if none, before
entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the roadway, and then
after slowing or stopping, the driver shall yield the right-ofway to any vehicle in the intersection or approaching on
another roadway so closely as to constitute an immediate
hazard during the time such driver is moving across or within
the intersection or junction of roadways: PROVIDED, That
if such a driver is involved in a collision with a vehicle in the
intersection or junction of roadways, after driving past a yield
sign without stopping, such collision shall be deemed prima
facie evidence of the driver’s failure to yield right-of-way.
[2000 c 239 § 5; 1975 c 62 § 27; 1965 ex.s. c 155 § 30.]
46.61.190
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.195 Arterial highways designated—Stopping
on entering. All state highways are hereby declared to be
arterial highways as respects all other public highways or private ways, except that the state department of transportation
has the authority to designate any county road or city street as
an arterial having preference over the traffic on the state highway if traffic conditions will be improved by such action.
46.61.195
46.61.183 Nonfunctioning signal lights. Except when
directed to proceed by a flagger, police officer, or firefighter,
the driver of a vehicle approaching an intersection controlled
by a traffic control signal that is temporarily without power
on all approaches or is not displaying any green, red, or yellow indication to the approach the vehicle is on, shall con46.61.183
[Title 46 RCW—page 234]
(2008 Ed.)
Rules of the Road
Those city streets designated by the state department of
transportation as forming a part of the routes of state highways through incorporated cities and towns are declared to be
arterial highways as respects all other city streets or private
ways.
The governing authorities of incorporated cities and
towns may designate any street as an arterial having preference over the traffic on a state highway if the change is first
approved in writing by the state department of transportation.
The local authorities making such a change in arterial designation shall do so by proper ordinance or resolution and shall
erect or cause to be erected and maintained standard stop
signs, or "Yield" signs, to accomplish this change in arterial
designation.
The operator of any vehicle entering upon any arterial
highway from any other public highway or private way shall
come to a complete stop before entering the arterial highway
when stop signs are erected as provided by law. [1984 c 7 §
66; 1963 ex.s. c 3 § 48; 1961 c 12 § 46.60.330. Prior: 1955 c
146 § 5; 1947 c 200 § 14; 1937 c 189 § 105; Rem. Supp. 1947
§ 6360-105. Formerly RCW 46.60.330.]
Severability—1984 c 7: See note following RCW 47.01.141.
City streets subject to increased speed, designation as arterials: RCW
46.61.435.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
46.61.200 Stop intersections other than arterial may
be designated. In addition to the points of intersection of any
public highway with any arterial public highway that is constituted by law or by any proper authorities of this state or any
city or town of this state, the state department of transportation with respect to state highways, and the proper authorities
with respect to any other public highways, have the power to
determine and designate any particular intersection, or any
particular highways, roads, or streets or portions thereof, at
any intersection with which vehicles shall be required to stop
before entering such intersection. Upon the determination
and designation of such points at which vehicles will be
required to come to a stop before entering the intersection,
the proper authorities so determining and designating shall
cause to be posted and maintained proper signs of the standard design adopted by the state department of transportation
indicating that the intersection has been so determined and
designated and that vehicles entering it are required to stop. It
is unlawful for any person operating any vehicle when entering any intersection determined, designated, and bearing the
required sign to fail and neglect to bring the vehicle to a complete stop before entering the intersection. [1984 c 7 § 67;
1961 c 12 § 46.60.340. Prior: 1937 c 189 § 106; RRS § 6360106; 1927 c 284 § 1; RRS § 6362-41a. Formerly RCW
46.60.340.]
46.61.200
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.202 Stopping when traffic obstructed. No
driver shall enter an intersection or a marked crosswalk or
drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or
railroad grade crossing to accommodate the vehicle he is
operating without obstructing the passage of other vehicles,
46.61.202
(2008 Ed.)
46.61.212
pedestrians, or railroad trains notwithstanding any traffic
control signal indications to proceed. [1975 c 62 § 48.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.205
46.61.205 Vehicle entering highway from private
road or driveway. The driver of a vehicle about to enter or
cross a highway from a private road or driveway shall yield
the right-of-way to all vehicles lawfully approaching on said
highway. [1990 c 250 § 88; 1965 ex.s. c 155 § 31.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.61.210
46.61.210 Operation of vehicles on approach of
emergency vehicles. (1) Upon the immediate approach of an
authorized emergency vehicle making use of audible and
visual signals meeting the requirements of RCW 46.37.190,
or of a police vehicle properly and lawfully making use of an
audible signal only the driver of every other vehicle shall
yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand
edge or curb of the roadway clear of any intersection and
shall stop and remain in such position until the authorized
emergency vehicle has passed, except when otherwise
directed by a police officer.
(2) This section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
[1965 ex.s. c 155 § 32.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.212
46.61.212 Approaching stationary emergency vehicles, tow trucks, and police vehicles. The driver of any
motor vehicle, upon approaching a stationary authorized
emergency vehicle that is making use of audible and/or visual
signals meeting the requirements of RCW 46.37.190, a tow
truck that is making use of visual red lights meeting the
requirements of RCW 46.37.196, other vehicles providing
roadside assistance that are making use of warning lights
with three hundred sixty degree visibility, or a police vehicle
properly and lawfully displaying a flashing, blinking, or
alternating emergency light or lights, shall:
(1) On a highway having four or more lanes, at least two
of which are intended for traffic proceeding in the same
direction as the approaching vehicle, proceed with caution
and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or
moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle;
(2) On a highway having less than four lanes, proceed
with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and
under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the
right-of-way to all vehicles traveling in the proper direction
upon the highway; or
(3) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the
speed of the vehicle. [2007 c 83 § 1; 2005 c 413 § 1.]
[Title 46 RCW—page 235]
46.61.215
Title 46 RCW: Motor Vehicles
46.61.215 Highway construction and maintenance.
(1) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle or pedestrian actually engaged in work
upon a highway within any highway construction or maintenance area indicated by official traffic control devices.
(2) The driver of a vehicle shall yield the right-of-way to
any authorized vehicle obviously and actually engaged in
work upon a highway whenever such vehicle displays flashing lights meeting the requirements of RCW 46.37.300.
[1975 c 62 § 40.]
46.61.215
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.220 Transit vehicles. (1) The driver of a vehicle
shall yield the right-of-way to a transit vehicle traveling in the
same direction that has signalled and is reentering the traffic
flow.
(2) Nothing in this section shall operate to relieve the
driver of a transit vehicle from the duty to drive with due
regard for the safety of all persons using the roadway. [1993
c 401 § 1.]
46.61.220
PEDESTRIANS’ RIGHTS AND DUTIES
(2) Where curb ramps exist at or adjacent to intersections
or at marked crosswalks in other locations, disabled persons
may enter the roadway from the curb ramps and cross the
roadway within or as closely as practicable to the crosswalk.
All other pedestrian rights and duties as defined elsewhere in
this chapter remain applicable.
(3) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right-of-way to all vehicles upon the
roadway.
(4) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any
place except in a marked crosswalk.
(5) No pedestrian shall cross a roadway intersection
diagonally unless authorized by official traffic-control
devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official trafficcontrol devices pertaining to such crossing movements.
(6) No pedestrian shall cross a roadway at an unmarked
crosswalk where an official sign prohibits such crossing.
[1990 c 241 § 5; 1965 ex.s. c 155 § 35.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.245 Drivers to exercise care. Notwithstanding
the foregoing provisions of this chapter every driver of a
vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by
sounding the horn when necessary and shall exercise proper
precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. [1965 ex.s. c
155 § 36.]
46.61.245
46.61.230 Pedestrians subject to traffic regulations.
Pedestrians shall be subject to traffic-control signals at intersections as provided in RCW 46.61.060, and at all other
places pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this chapter. [1965 ex.s.
c 155 § 33.]
46.61.230
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.235 Crosswalks. (1) The operator of an
approaching vehicle shall stop and remain stopped to allow a
pedestrian or bicycle to cross the roadway within an
unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon
which the vehicle is traveling or onto which it is turning. For
purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and
includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb
or other place of safety and walk, run, or otherwise move into
the path of a vehicle which is so close that it is impossible for
the driver to stop.
(3) Subsection (1) of this section does not apply under
the conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian or bicycle to cross the roadway, the driver of
any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. [2000 c 85 § 1; 1993 c
153 § 1; 1990 c 241 § 4; 1965 ex.s. c 155 § 34.]
46.61.235
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.240 Crossing at other than crosswalks. (1)
Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk
at an intersection shall yield the right-of-way to all vehicles
upon the roadway.
46.61.240
[Title 46 RCW—page 236]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Blind pedestrians: Chapter 70.84 RCW.
46.61.250 Pedestrians on roadways. (1) Where sidewalks are provided it is unlawful for any pedestrian to walk
or otherwise move along and upon an adjacent roadway.
Where sidewalks are provided but wheelchair access is not
available, disabled persons who require such access may
walk or otherwise move along and upon an adjacent roadway
until they reach an access point in the sidewalk.
(2) Where sidewalks are not provided any pedestrian
walking or otherwise moving along and upon a highway
shall, when practicable, walk or move only on the left side of
the roadway or its shoulder facing traffic which may
approach from the opposite direction and upon meeting an
oncoming vehicle shall move clear of the roadway. [1990 c
241 § 6; 1965 ex.s. c 155 § 37.]
46.61.250
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.255 Pedestrians soliciting rides or business. (1)
No person shall stand in or on a public roadway or alongside
thereof at any place where a motor vehicle cannot safely stop
off the main traveled portion thereof for the purpose of soliciting a ride for himself or for another from the occupant of
any vehicle.
(2) It shall be unlawful for any person to solicit a ride for
himself or another from within the right-of-way of any limited access facility except in such areas where permission to
do so is given and posted by the highway authority of the
46.61.255
(2008 Ed.)
Rules of the Road
state, county, city or town having jurisdiction over the highway.
(3) The provisions of subsections (1) and (2) above shall
not be construed to prevent a person upon a public highway
from soliciting, or a driver of a vehicle from giving a ride
where an emergency actually exists, nor to prevent a person
from signaling or requesting transportation from a passenger
carrier for the purpose of becoming a passenger thereon for
hire.
(4) No person shall stand in a roadway for the purpose of
soliciting employment or business from the occupant of any
vehicle.
(5) No person shall stand on or in proximity to a street or
highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a
street or highway.
(6)(a) Except as provided in (b) of this subsection, the
state preempts the field of the regulation of hitchhiking in any
form, and no county, city, or town shall take any action in
conflict with the provisions of this section.
(b) A county, city, or town may regulate or prohibit
hitchhiking in an area in which it has determined that prostitution is occurring and that regulating or prohibiting hitchhiking will help to reduce prostitution in the area. [1989 c 288 §
1; 1972 ex.s. c 38 § 1; 1965 ex.s. c 155 § 38.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.260 Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a
safety zone. [1965 ex.s. c 155 § 39.]
46.61.260
46.61.261 Sidewalks, crosswalks—Pedestrians, bicycles. The driver of a vehicle shall yield the right-of-way to
any pedestrian or bicycle on a sidewalk. The rider of a bicycle
shall yield the right-of-way to a pedestrian on a sidewalk or
crosswalk. [2000 c 85 § 2; 1975 c 62 § 41.]
right-of-way of a public roadway, unless the pedestrian is to
be taken into protective custody under RCW 70.96A.120.
The law enforcement officer offering to transport an
intoxicated pedestrian under this section shall:
(1) Transport the intoxicated pedestrian to a safe place;
or
(2) Release the intoxicated pedestrian to a competent
person.
The law enforcement officer shall take no action if the
pedestrian refuses this assistance. No suit or action may be
commenced or prosecuted against the law enforcement
officer, law enforcement agency, the state of Washington, or
any political subdivision of the state for any act resulting
from the refusal of the pedestrian to accept this assistance.
[1990 c 241 § 7; 1987 c 11 § 1; 1975 c 62 § 43.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.269 Passing beyond bridge or grade crossing
barrier prohibited. (1) No pedestrian shall enter or remain
upon any bridge or approach thereto beyond a bridge signal
gate, or barrier indicating a bridge is closed to through traffic,
after a bridge operation signal indication has been given.
(2) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade crossing
or bridge while such gate or barrier is closed or is being
opened or closed. [1975 c 62 § 44.]
46.61.269
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
46.61.261
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.264 Pedestrians yield to emergency vehicles.
(1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the
requirements of RCW 46.37.380 subsection (4) and visual
signals meeting the requirements of RCW 46.37.190, or of a
police vehicle meeting the requirements of RCW 46.61.035
subsection (3), every pedestrian shall yield the right-of-way
to the authorized emergency vehicle.
(2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway nor
from the duty to exercise due care to avoid colliding with any
pedestrian. [1975 c 62 § 42.]
46.61.264
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.266 Pedestrians under the influence of alcohol
or drugs. A law enforcement officer may offer to transport a
pedestrian who appears to be under the influence of alcohol
or any drug and who is walking or moving along or within the
46.61.266
(2008 Ed.)
46.61.290
46.61.290 Required position and method of turning
at intersections. The driver of a vehicle intending to turn
shall do so as follows:
(1) Right turns. Both the approach for a right turn and a
right turn shall be made as close as practicable to the righthand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to turn
left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of
the vehicle. Whenever practicable the left turn shall be made
to the left of the center of the intersection and so as to leave
the intersection or other location in the extreme left-hand lane
lawfully available to traffic moving in the same direction as
the vehicle on the roadway being entered.
(3) Two-way left turn lanes.
(a) The department of transportation and local authorities in their respective jurisdictions may designate a two-way
left turn lane on a roadway. A two-way left turn lane is near
the center of the roadway set aside for use by vehicles making
left turns in either direction from or into the roadway.
(b) Two-way left turn lanes shall be designated by distinctive uniform roadway markings. The department of transportation shall determine and prescribe standards and specifications governing type, length, width, and positioning of the
distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the administrative pro46.61.290
[Title 46 RCW—page 237]
46.61.295
Title 46 RCW: Motor Vehicles
cedure act, chapter 34.05 RCW. On and after July 1, 1971,
permanent markings designating a two-way left turn lane
shall conform to such standards and specifications.
(c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn
left from any other lane. A vehicle shall not be driven in this
center lane for the purpose of overtaking or passing another
vehicle proceeding in the same direction. No vehicle may
travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the
actual left turn movement is made.
(4) The department of transportation and local authorities in their respective jurisdictions may cause official trafficcontrol devices to be placed and thereby require and direct
that a different course from that specified in this section be
traveled by turning vehicles, and when the devices are so
placed no driver of a vehicle may turn a vehicle other than as
directed and required by the devices. [1997 c 202 § 1. Prior:
1984 c 12 § 1; 1984 c 7 § 68; 1975 c 62 § 28; 1969 ex.s. c 281
§ 61; 1965 ex.s. c 155 § 40.]
(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled
vehicle, flashed as a courtesy or "do pass" signal to operators
of other vehicles approaching from the rear, nor be flashed on
one side only of a parked vehicle except as may be necessary
for compliance with this section. [1975 c 62 § 30; 1965 ex.s.
c 155 § 43.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.310 Signals by hand and arm or signal lamps.
(1) Any stop or turn signal when required herein shall be
given either by means of the hand and arm or by signal lamps,
except as otherwise provided in subsection (2) hereof.
(2) Any motor vehicle in use on a highway shall be
equipped with, and required signal shall be given by, signal
lamps when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load
of such motor vehicle exceeds twenty-four inches, or when
the distance from the center of the top of the steering post to
the rear limit of the body or load thereof exceeds fourteen
feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles. [1965 ex.s. c 155 §
44.]
Severability—1975 c 62: See note following RCW 36.75.010.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.295 "U" turns. (1) The driver of any vehicle
shall not turn such vehicle so as to proceed in the opposite
direction unless such movement can be made in safety and
without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to or
near the crest of a grade, where such vehicle cannot be seen
by the driver of any other vehicle approaching from either
direction within five hundred feet. [1975 c 62 § 29; 1965
ex.s. c 155 § 41.]
46.61.295
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.300 Starting parked vehicle. No person shall
start a vehicle which is stopped, standing or parked unless
and until such movement can be made with reasonable safety.
[1965 ex.s. c 155 § 42.]
46.61.300
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.305 When signals required—Improper use
prohibited. (1) No person shall turn a vehicle or move right
or left upon a roadway unless and until such movement can
be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left
when required shall be given continuously during not less
than the last one hundred feet traveled by the vehicle before
turning.
(3) No person shall stop or suddenly decrease the speed
of a vehicle without first giving an appropriate signal in the
manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
46.61.305
[Title 46 RCW—page 238]
46.61.310
46.61.315 Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be
given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn. Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended
downward. [1965 ex.s. c 155 § 45.]
46.61.315
SPECIAL STOPS REQUIRED
46.61.340 Approaching train signal. (1) Whenever
any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section,
the driver of such vehicle shall stop within fifty feet but not
less than fifteen feet from the nearest rail of such railroad, and
shall not proceed until the crossing can be made safely. The
foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train;
(b) A crossing gate is lowered or when a human flagger
gives or continues to give a signal of the approach or passage
of a railroad train;
(c) An approaching railroad train is plainly visible and is
in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
[2000 c 239 § 6; 1965 ex.s. c 155 § 46.]
46.61.340
Captions not law—2000 c 239: See note following RCW 49.17.350.
46.61.345 All vehicles must stop at certain railroad
grade crossings. The state department of transportation and
local authorities within their respective jurisdictions are
46.61.345
(2008 Ed.)
Rules of the Road
authorized to designate particularly dangerous highway
grade crossings of railroads and to erect stop signs at those
crossings. When such stop signs are erected the driver of any
vehicle shall stop within fifty feet but not less than fifteen feet
from the nearest rail of the railroad and shall proceed only
upon exercising due care. [1984 c 7 § 69; 1965 ex.s. c 155 §
47.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.350 Certain vehicles must stop at all railroad
grade crossings—Exceptions. (1) The driver of any motor
vehicle carrying passengers for hire, other than a passenger
car, or of any school bus or private carrier bus carrying any
school child or other passenger, or of any vehicle carrying
explosive substances or flammable liquids as a cargo or part
of a cargo, before crossing at grade any track or tracks of a
railroad, shall stop such vehicle within fifty feet but not less
than fifteen feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along
such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided,
and shall not proceed until he can do so safely. After stopping
as required herein and upon proceeding when it is safe to do
so the driver of any said vehicle shall cross only in such gear
of the vehicle that there will be no necessity for changing
gears while traversing such crossing, and the driver shall not
shift gears while crossing the track or tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman;
(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
(c) Any railroad grade crossing protected by crossing
gates or an alternately flashing light signal intended to give
warning of the approach of a railroad train;
(d) Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice
that the stopping requirement imposed by this section does
not apply. [1977 c 78 § 1; 1975 c 62 § 31; 1970 ex.s. c 100 §
7; 1965 ex.s. c 155 § 48.]
46.61.350
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.355 Moving heavy equipment at railroad grade
crossings—Notice of intended crossing. (1) No person
shall operate or move any crawler-type tractor, steam shovel,
derrick, roller, or any equipment or structure having a normal
operating speed of ten or less miles per hour or a vertical
body or load clearance of less than one-half inch per foot of
the distance between any two adjacent axles or in any event
of less than nine inches, measured above the level surface of
a roadway, upon or across any tracks at a railroad grade
crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given
to the station agent of such railroad located nearest the
intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such
crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop
46.61.355
(2008 Ed.)
46.61.370
the same not less than fifteen feet nor more than fifty feet
from the nearest rail of such railroad and while so stopped
shall listen and look in both directions along such track for
any approaching train and for signals indicating the approach
of a train, and shall not proceed until the crossing can be
made safely.
(4) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagger or
otherwise of the immediate approach of a railroad train or
car. If a flagger is provided by the railroad, movement over
the crossing shall be under the flagger’s direction. [2000 c
239 § 7; 1975 c 62 § 32; 1965 ex.s. c 155 § 49.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.365 Emerging from alley, driveway, or building. The driver of a vehicle within a business or residence
district emerging from an alley, driveway or building shall
stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway
or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles
approaching on said roadway. [1965 ex.s. c 155 § 51.]
46.61.365
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.370 Overtaking or meeting school bus—Duties
of bus driver. (1) The driver of a vehicle upon overtaking or
meeting from either direction any school bus which has
stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before
reaching such school bus when there is in operation on said
school bus a visual signal as specified in RCW 46.37.190 and
said driver shall not proceed until such school bus resumes
motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
stop upon meeting a school bus which is proceeding in the
opposite direction and is stopped for the purpose of receiving
or discharging school children.
(3) The driver of a vehicle upon a highway with three or
more marked traffic lanes need not stop upon meeting a
school bus which is proceeding in the opposite direction and
is stopped for the purpose of receiving or discharging school
children.
(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is
stopped on the roadway for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off
the roadway for the purpose of receiving or discharging
school children only when the school children do not have to
cross the roadway. The school bus driver shall actuate the
hazard warning lamps as defined in RCW 46.37.215 before
loading or unloading school children at such stops.
(6) A person found to have committed an infraction of
subsection (1) of this section shall be assessed a monetary
penalty equal to twice the total penalty assessed under RCW
46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be
46.61.370
[Title 46 RCW—page 239]
46.61.371
Title 46 RCW: Motor Vehicles
deposited into the school zone safety account in the custody
of the state treasurer and disbursed in accordance with *RCW
46.61.440(3). [1997 c 80 § 1; 1990 c 241 § 8; 1965 ex.s. c
155 § 52.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser’s note: RCW 46.61.440 was amended by 2003 c 192 § 1,
changing subsection (3) to subsection (4).
Bus routes: RCW 28A.160.115.
46.61.371 School bus stop sign violators—Identification by vehicle owner. If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to
believe that a violation has occurred, the officer may request
the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation
occurred. When requested, the owner of the motor vehicle
shall identify the driver to the best of the owner’s ability. The
owner of the vehicle is not required to supply identification
information to the law enforcement officer if the owner
believes the information is self-incriminating. [1992 c 39 §
1.]
46.61.371
46.61.372 School bus stop sign violators—Report by
bus driver—Law enforcement investigation. (1) The
driver of a school bus who observes a violation of RCW
46.61.370 may prepare a written report on a form provided by
the state patrol or another law enforcement agency indicating
that a violation has occurred. The driver of the school bus or
a school official may deliver the report to a law enforcement
officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the
violation occurred. The driver shall include in the report the
time and location at which the violation occurred, the vehicle
license plate number, and a description of the vehicle
involved in the violation.
(2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after
receiving the report described in subsection (1) of this section
by contacting the owner of the motor vehicle involved in the
reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the
ten working day period does not prohibit further investigation
or prosecution. If, after an investigation, the law enforcement
officer is able to identify the driver and has reasonable cause
to believe a violation of RCW 46.61.370 has occurred, the
law enforcement officer shall prepare a notice of traffic
infraction and have it served upon the driver of the vehicle.
[1992 c 39 § 2.]
46.61.372
46.61.375 Overtaking or meeting private carrier
bus—Duties of bus driver. (1) The driver of a vehicle upon
overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the purpose of
receiving or discharging any passenger shall stop the vehicle
before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW
46.37.190 and said driver shall not proceed until such bus
resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
46.61.375
[Title 46 RCW—page 240]
stop upon meeting a private carrier bus which is proceeding
in the opposite direction and is stopped for the purpose of
receiving or discharging passengers.
(3) The driver of a vehicle upon a highway with three or
more lanes need not stop upon meeting a private carrier bus
which is proceeding in the opposite direction and is stopped
for the purpose of receiving or discharging passengers.
(4) The driver of a private carrier bus shall actuate the
visual signals required by RCW 46.37.190 only when such
bus is stopped on the roadway for the purpose of receiving or
discharging passengers.
(5) The driver of a private carrier bus may stop a private
carrier bus completely off the roadway for the purpose of
receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus
driver shall actuate the hazard warning lamps as defined in
RCW 46.37.215 before loading or unloading passengers at
such stops. [1990 c 241 § 9; 1970 ex.s. c 100 § 8.]
46.61.380 Rules for design, marking, and mode of
operating school buses. (1) The state superintendent of public instruction shall adopt and enforce rules not inconsistent
with the law of this state to govern the design, marking, and
mode of operation of all school buses owned and operated by
any school district or privately owned and operated under
contract or otherwise with any school district in this state for
the transportation of school children.
(2) School districts shall not be prohibited from placing
or displaying a flag of the United States on a school bus when
it does not interfere with the vehicle’s safe operation. The
state superintendent of public instruction shall adopt and
enforce rules not inconsistent with the law of this state to
govern the size, placement, and display of the flag of the
United States on all school buses referenced in subsection (1)
of this section.
(3) Rules shall by reference be made a part of any such
contract or other agreement with the school district. Every
school district, its officers and employees, and every person
employed under contract or otherwise by a school district is
subject to such rules. It is unlawful for any officer or
employee of any school district or for any person operating
any school bus under contract with any school district to violate any of the provisions of such rules. [2002 c 29 § 1; 1995
c 269 § 2501; 1984 c 7 § 70; 1961 c 12 § 46.48.150. Prior:
1937 c 189 § 131; RRS § 6360-131. Formerly RCW
46.48.150.]
46.61.380
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Severability—1984 c 7: See note following RCW 47.01.141.
School buses
generally: Chapter 28A.160 RCW.
signs: RCW 46.37.193.
stop signal and lamps: RCW 46.37.190.
46.61.385 School patrol—Appointment—Authority—Finance—Insurance. The superintendent of public
instruction, through the superintendent of schools of any
school district, or other officer or board performing like functions with respect to the schools of any other educational
administrative district, may cause to be appointed voluntary
46.61.385
(2008 Ed.)
Rules of the Road
adult recruits as supervisors and, from the student body of
any public or private school or institution of learning, students, who shall be known as members of the "school patrol"
and who shall serve without compensation and at the pleasure
of the authority making the appointment.
The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of
the school patrol when in performance of their duties, and
they may display "stop" or other proper traffic directional
signs or signals at school crossings or other points where
school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors
shall be subordinate to and obey the orders of any peace
officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient
numbers of adults to serve as supervisors. Such adults shall
be subordinate to and obey the orders of any peace officer
present and having jurisdiction.
Any school district having a school patrol may purchase
uniforms and other appropriate insignia, traffic signs and
other appropriate materials, all to be used by members of
such school patrol while in performance of their duties, and
may pay for the same out of the general fund of the district.
It shall be unlawful for the operator of any vehicle to fail
to stop his vehicle when directed to do so by a school patrol
sign or signal displayed by a member of the school patrol
engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful
for the operator of a vehicle to disregard any other reasonable
directions of a member of the school patrol when acting in
performance of his duties as such.
School districts may expend funds from the general fund
of the district to pay premiums for life and accident policies
covering the members of the school patrol in their district
while engaged in the performance of their school patrol
duties.
Members of the school patrol shall be considered as
employees for the purposes of RCW 28A.400.370. [1990 c
33 § 585; 1974 ex.s. c 47 § 1; 1961 c 12 § 46.48.160. Prior:
1953 c 278 § 1; 1937 c 189 § 130; RRS § 6360-130; 1927 c
309 § 42; RRS § 6362-42. Formerly RCW 46.48.160.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
SPEED RESTRICTIONS
46.61.400 Basic rule and maximum limits. (1) No
person shall drive a vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In
every event speed shall be so controlled as may be necessary
to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal
requirements and the duty of all persons to use due care.
(2) Except when a special hazard exists that requires
lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no
person shall drive a vehicle on a highway at a speed in excess
of such maximum limits.
46.61.400
(2008 Ed.)
46.61.410
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may
be altered as authorized in RCW 46.61.405, 46.61.410, and
46.61.415.
(3) The driver of every vehicle shall, consistent with the
requirements of subsection (1) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when
special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. [1965
ex.s. c 155 § 54; 1963 c 16 § 1. Formerly RCW 46.48.011.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Saving of existing orders, etc., establishing speed limits—1963 c 16:
"This act shall not repeal or invalidate existing orders and resolutions of the
state highway commission or existing resolutions and ordinances of local
authorities establishing speed limits within their respective jurisdictions."
[1963 c 16 § 7. Formerly RCW 46.48.016.]
46.61.405 Decreases by secretary of transportation.
Whenever the secretary of transportation shall determine
upon the basis of an engineering and traffic investigation that
any maximum speed hereinbefore set forth is greater than is
reasonable or safe with respect to a state highway under the
conditions found to exist at any intersection or upon any other
part of the state highway system or at state ferry terminals, or
that a general reduction of any maximum speed set forth in
RCW 46.61.400 is necessary in order to comply with a
national maximum speed limit, the secretary may determine
and declare a reasonable and safe lower maximum limit or a
lower maximum limit which will comply with a national
maximum speed limit, for any state highway, the entire state
highway system, or any portion thereof, which shall be effective when appropriate signs giving notice thereof are erected.
The secretary may also fix and regulate the speed of vehicles
on any state highway within the maximum speed limit
allowed by this chapter for special occasions including, but
not limited to, local parades and other special events. Any
such maximum speed limit may be declared to be effective at
all times or at such times as are indicated upon the said signs;
and differing limits may be established for different times of
day, different types of vehicles, varying weather conditions,
and other factors bearing on safe speeds, which shall be
effective (a) when posted upon appropriate fixed or variable
signs or (b) if a maximum limit is established for auto stages
which is lower than the limit for automobiles, the auto stage
speed limit shall become effective thirty days after written
notice thereof is mailed in the manner provided in subsection
(4) of RCW 46.61.410, as now or hereafter amended. [1987
c 397 § 3; 1977 ex.s. c 151 § 34; 1974 ex.s. c 103 § 1; 1970
ex.s. c 100 § 2; 1967 c 25 § 1; 1963 c 16 § 2. Formerly RCW
46.48.012.]
46.61.405
Intent—1987 c 397: See note following RCW 46.61.410.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.410 Increases by secretary of transportation—
Maximum speed limit for trucks—Auto stages—Signs
46.61.410
[Title 46 RCW—page 241]
46.61.415
Title 46 RCW: Motor Vehicles
and notices. (1)(a) Subject to subsection (2) of this section
the secretary may increase the maximum speed limit on any
highway or portion thereof to not more than seventy miles per
hour in accordance with the design speed thereof (taking into
account all safety elements included therein), or whenever
the secretary determines upon the basis of an engineering and
traffic investigation that such greater speed is reasonable and
safe under the circumstances existing on such part of the
highway.
(b) The greater maximum limit established under (a) of
this subsection shall be effective when appropriate signs giving notice thereof are erected, or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective
thirty days after written notice thereof is mailed in the manner
provided in subsection (4) of this section.
(c) Such maximum speed limit may be declared to be
effective at all times or at such times as are indicated upon
said signs or in the case of auto stages, as indicated in said
written notice; and differing limits may be established for different times of day, different types of vehicles, varying
weather conditions, and other factors bearing on safe speeds,
which shall be effective when posted upon appropriate fixed
or variable signs or if a maximum limit is established for auto
stages which is lower than the limit for automobiles, the auto
stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except
auto stages shall not exceed sixty miles per hour and may be
established at a lower limit by the secretary as provided in
RCW 46.61.405.
(3) The word "trucks" used by the department on signs
giving notice of maximum speed limits means vehicles over
ten thousand pounds gross weight and all vehicles in combination except auto stages.
(4) Whenever the secretary establishes maximum speed
limits for auto stages lower than the maximum limits for
automobiles, the secretary shall cause to be mailed notice
thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the
Washington utilities and transportation commission. The
notice shall be mailed to the chief place of business within the
state of Washington of each auto transportation company or
if none then its chief place of business without the state of
Washington. [1996 c 52 § 1; 1987 c 397 § 4; 1977 ex.s. c 151
§ 35; 1974 ex.s. c 103 § 2; 1970 ex.s. c 100 § 1; 1969 ex.s. c
12 § 1; 1965 ex.s. c 155 § 55; 1963 c 16 § 3. Formerly RCW
46.48.013.]
and traffic investigation that the maximum speed permitted
under RCW 46.61.400 or 46.61.440 is greater or less than is
reasonable and safe under the conditions found to exist upon
a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit
thereon which
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than sixty miles
per hour; or
(c) Decreases the limit but not to less than twenty miles
per hour.
(2) Local authorities in their respective jurisdictions
shall determine by an engineering and traffic investigation
the proper maximum speed for all arterial streets and shall
declare a reasonable and safe maximum limit thereon which
may be greater or less than the maximum speed permitted
under RCW 46.61.400(2) but shall not exceed sixty miles per
hour.
(3) The secretary of transportation is authorized to establish speed limits on county roads and city and town streets as
shall be necessary to conform with any federal requirements
which are a prescribed condition for the allocation of federal
funds to the state.
(4) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice
thereof are erected. Such maximum speed limit may be
declared to be effective at all times or at such times as are
indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles,
varying weather conditions, and other factors bearing on safe
speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(5) Any alteration of maximum limits on state highways
within incorporated cities or towns by local authorities shall
not be effective until such alteration has been approved by the
secretary of transportation. [1977 ex.s. c 151 § 36; 1974 ex.s.
c 103 § 3; 1963 c 16 § 4. Formerly RCW 46.48.014.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.419 Private roads—Speed enforcement. State,
local, or county law enforcement personnel may enforce
speeding violations under RCW 46.61.400 on private roads
within a community organized under chapter 64.38 RCW if:
(1) A majority of the homeowner’s association’s board
of directors votes to authorize the issuance of speeding
infractions on its private roads, and declares a speed limit not
lower than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the homeowner’s association president and
the chief law enforcement official of the city or county within
whose jurisdiction the private road is located;
(3) The homeowner’s association has provided written
notice to all of the homeowners describing the new authority
to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at
all vehicle entrances to the community. [2003 c 193 § 1.]
46.61.415 When local authorities may alter maximum limits. (1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering
46.61.425 Minimum speed regulation—Passing slow
moving vehicle. (1) No person shall drive a motor vehicle at
such a slow speed as to impede the normal and reasonable
Intent—1987 c 397: "It is the intent of the legislature to increase the
speed limit to sixty-five miles per hour on those portions of the rural interstate highway system where the increase would be safe and reasonable and is
allowed by federal law. It is also the intent of the legislature that the sixtyfive miles per hour speed limit be strictly enforced." [1987 c 397 § 1.]
46.61.415
[Title 46 RCW—page 242]
46.61.419
46.61.425
(2008 Ed.)
Rules of the Road
movement of traffic except when reduced speed is necessary
for safe operation or in compliance with law: PROVIDED,
That a person following a vehicle driving at less than the
legal maximum speed and desiring to pass such vehicle may
exceed the speed limit, subject to the provisions of RCW
46.61.120 on highways having only one lane of traffic in each
direction, at only such a speed and for only such a distance as
is necessary to complete the pass with a reasonable margin of
safety.
(2) Whenever the secretary of transportation or local
authorities within their respective jurisdictions determine on
the basis of an engineering and traffic investigation that slow
speeds on any part of a highway unreasonably impede the
normal movement of traffic, the secretary or such local
authority may determine and declare a minimum speed limit
thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle
slower than such minimum speed limit except when necessary for safe operation or in compliance with law. [1977 ex.s.
c 151 § 37; 1969 c 135 § 1; 1967 c 25 § 2; 1963 c 16 § 6. Formerly RCW 46.48.015.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.427 Slow-moving vehicle to pull off roadway.
On a two-lane highway where passing is unsafe because of
traffic in the opposite direction or other conditions, a slow
moving vehicle, behind which five or more vehicles are
formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the
vehicles following to proceed. As used in this section a slow
moving vehicle is one which is proceeding at a rate of speed
less than the normal flow of traffic at the particular time and
place. [1973 c 88 § 1.]
46.61.427
46.61.428 Slow-moving vehicle driving on shoulders,
when. (1) The state department of transportation and local
authorities are authorized to determine those portions of any
two-lane highways under their respective jurisdictions on
which drivers of slow-moving vehicles may safely drive onto
improved shoulders for the purpose of allowing overtaking
vehicles to pass and may by appropriate signs indicate the
beginning and end of such zones.
(2) Where signs are in place to define a driving-onshoulder zone as set forth in subsection (1) of this section, the
driver of a slow-moving vehicle may drive onto and along the
shoulder within the zone but only for the purpose of allowing
overtaking vehicles to pass and then shall return to the roadway.
(3) Signs erected to define a driving-on-shoulder zone
take precedence over pavement markings for the purpose of
allowing the movements described in subsection (2) of this
section. [1984 c 7 § 71; 1977 ex.s. c 39 § 1.]
46.61.440
have the power and the duty to fix and regulate the speed of
vehicles within the maximum speed limit allowed by law for
state highways, designated as limited access facilities,
regardless of whether a portion of said highway is within the
corporate limits of a city or town. No governing body or
authority of such city or town or other political subdivision
may have the power to pass or enforce any ordinance, rule, or
regulation requiring a different rate of speed, and all such
ordinances, rules, and regulations contrary to or inconsistent
therewith now in force are void and of no effect. [1977 ex.s.
c 151 § 38; 1974 ex.s. c 103 § 4; 1961 c 12 § 46.48.041. Prior:
1955 c 177 § 5. Formerly RCW 46.48.041.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.435 Local authorities to provide "stop" or
"yield" signs at intersections with increased speed highways—Designated as arterials. The governing body or
authority of any such city or town or political subdivision
shall place and maintain upon each and every highway intersecting a highway where an increased speed is permitted, as
provided in this chapter, appropriate stop or yield signs, sufficient to be read at any time by any person upon approaching
and entering the highway upon which such increased speed is
permitted and such city street or such portion thereof as is
subject to the increased speed shall be an arterial highway.
[1975 c 62 § 33; 1961 c 12 § 46.48.046. Prior: 1951 c 28 § 4;
prior: 1937 c 189 § 66, part; RRS § 6360-66, part; 1927 c 309
§ 5, part; 1921 c 96 § 41, part; 1919 c 59 § 13, part; 1917 c
155 § 20, part; 1915 c 142 § 34, part; RRS § 6362-5, part.
Formerly RCW 46.48.046.]
46.61.435
Severability—1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW
46.61.195.
Traffic control signals or devices upon city streets forming part of state highways: RCW 46.61.085.
46.61.428
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.430 Authority of secretary of transportation to
fix speed limits on limited access facilities exclusive—
Local regulations. Notwithstanding any law to the contrary
or inconsistent herewith, the secretary of transportation shall
46.61.430
(2008 Ed.)
46.61.440 Maximum speed limit when passing school
or playground crosswalks—Penalty, disposition of proceeds. (1) Subject to RCW 46.61.400(1), and except in those
instances where a lower maximum lawful speed is provided
by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of
twenty miles per hour when operating any vehicle upon a
highway either inside or outside an incorporated city or town
when passing any marked school or playground crosswalk
when such marked crosswalk is fully posted with standard
school speed limit signs or standard playground speed limit
signs. The speed zone at the crosswalk shall extend three
hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a
school or playground speed zone on a highway bordering a
marked school or playground, in which zone it is unlawful for
a person to operate a vehicle at a speed in excess of twenty
miles per hour. The school or playground speed zone may
extend three hundred feet from the border of the school or
playground property; however, the speed zone may only
include area consistent with active school or playground use.
(3) A person found to have committed any infraction
relating to speed restrictions within a school or playground
speed zone shall be assessed a monetary penalty equal to
46.61.440
[Title 46 RCW—page 243]
46.61.445
Title 46 RCW: Motor Vehicles
twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section shall be deposited
into the account. Expenditures from the account may be used
only by the Washington traffic safety commission solely to
fund projects in local communities to improve school zone
safety, pupil transportation safety, and student safety in
school bus loading and unloading areas. Only the director of
the traffic safety commission or the director’s designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures until July 1,
1999, after which date moneys in the account may be spent
only after appropriation. [2003 c 192 § 1; 1997 c 80 § 2; 1996
c 114 § 1; 1975 c 62 § 34; 1963 c 16 § 5; 1961 c 12 §
46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6, part; 1947
c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 §
6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921
c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part;
RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. §
2531, part. Formerly RCW 46.48.023.]
Effective date—1996 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1996]." [1996 c 114 § 2.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.445 Due care required. Compliance with speed
requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle
from the further exercise of due care and caution as further
circumstances shall require. [1961 c 12 § 46.48.025. Prior:
1951 c 28 § 11; 1949 c 196 § 6, part; 1947 c 200 § 8, part;
1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927
c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part;
1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3,
part; 1909 c 249 § 279, part; Rem. & Bal. 2531, part. Formerly RCW 46.48.025.]
46.61.445
Duty to use due care: RCW 46.61.400(1).
46.61.450 Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—
Posting limits. It shall be unlawful for any person to operate
a vehicle or any combination of vehicles over any bridge or
other elevated structure or through any tunnel or underpass
constituting a part of any public highway at a rate of speed or
with a gross weight or of a size which is greater at any time
than the maximum speed or maximum weight or size which
can be maintained or carried with safety over any such bridge
or structure or through any such tunnel or underpass when
such bridge, structure, tunnel, or underpass is sign posted as
hereinafter provided. The secretary of transportation, if it be
a bridge, structure, tunnel, or underpass upon a state highway, or the governing body or authorities of any county, city,
or town, if it be upon roads or streets under their jurisdiction,
may restrict the speed which may be maintained or the gross
weight or size which may be operated upon or over any such
bridge or elevated structure or through any such tunnel or
underpass with safety thereto. The secretary or the governing
46.61.450
[Title 46 RCW—page 244]
body or authorities of any county, city, or town having jurisdiction shall determine and declare the maximum speed or
maximum gross weight or size which such bridge, elevated
structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum
speed or maximum gross weight, or size, or either, to be
erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or
underpass and on the approach thereto: PROVIDED, That in
the event that any such bridge, elevated structure, tunnel, or
underpass is upon a city street designated by the department
of transportation as forming a part of the route of any state
highway through any such incorporated city or town the
determination of any maximum speed or maximum gross
weight or size which such bridge, elevated structure, tunnel,
or underpass can withstand or accommodate shall not be
enforceable at any speed, weight, or size less than the maximum allowed by law, unless with the approval in writing of
the secretary. Upon the trial of any person charged with a
violation of this section, proof of either violation of maximum speed or maximum weight, or size, or either, and the
distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight, or size, or either, which can be maintained or
carried with safety over such bridge or elevated structure or
through such tunnel or underpass. [2006 c 334 § 20; 1977
ex.s. c 151 § 39; 1961 c 12 § 46.48.080. Prior: 1937 c 189 §
70; RRS § 6360-70. Formerly RCW 46.48.080.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.455 Vehicles with solid or hollow cushion tires.
Except for vehicles equipped with temporary-use spare tires
that meet federal standards, it shall be unlawful to operate
any vehicle equipped or partly equipped with solid rubber
tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly
equipped with solid rubber tires or hollow center cushion
tires, so long as solid rubber tires or hollow center cushion
tires may be used under the provisions of this title, upon any
public highway of this state at a greater rate of speed than ten
miles per hour: PROVIDED, That the temporary-use spare
tires are installed and used in accordance with the manufacturer’s instructions. [1990 c 105 § 3; 1961 c 12 § 46.48.110.
Prior: 1947 c 200 § 11; 1937 c 189 § 73; Rem. Supp. 1947 §
6360-73. Formerly RCW 46.48.110.]
46.61.455
46.61.460 Special speed limitation on motor-driven
cycle. No person shall operate any motor-driven cycle at any
time mentioned in RCW 46.37.020 at a speed greater than
thirty-five miles per hour unless such motor-driven cycle is
equipped with a head lamp or lamps which are adequate to
reveal a person or vehicle at a distance of three hundred feet
ahead. [1965 ex.s. c 155 § 57.]
46.61.460
46.61.465 Exceeding speed limit evidence of reckless
driving. The unlawful operation of a vehicle in excess of the
maximum lawful speeds provided in this chapter at the point
46.61.465
(2008 Ed.)
Rules of the Road
of operation and under the circumstances described shall be
prima facie evidence of the operation of a motor vehicle in a
reckless manner by the operator thereof. [1961 c 12 §
46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6, part; 1947
c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 §
6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921
c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part;
RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal.
§2531, part. Formerly RCW 46.48.026.]
46.61.502
(2) The license or permit to drive or any nonresident
privilege of any person convicted of reckless driving shall be
suspended by the department for not less than thirty days.
[1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67; 1965
ex.s. c 155 § 59.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
46.61.470 Speed traps defined, certain types permitted—Measured courses, speed measuring devices, timing
from aircraft. (1) No evidence as to the speed of any vehicle
operated upon a public highway by any person arrested for
violation of any of the laws of this state regarding speed or of
any orders, rules, or regulations of any city or town or other
political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case
such evidence relates to or is based upon the maintenance or
use of a speed trap except as provided in subsection (2) of this
section. A "speed trap," within the meaning of this section, is
a particular section of or distance on any public highway, the
length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the
vision of any officer or officers who calculate the speed of a
vehicle passing through such speed trap by using the lapsed
time during which such vehicle travels between the entrance
and exit of such speed trap.
(2) Evidence shall be admissible against any person
arrested or issued a notice of a traffic infraction for violation
of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision
regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which
has been accurately measured off or otherwise designated or
determined and either: (a) The limits of which are controlled
by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such
limits; or (b) a timing device is operated from an aircraft,
which timing device when used to measure the elapsed time
of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.
(3) The exceptions of subsection (2) of this section are
limited to devices or observations with a maximum error of
not to exceed five percent using the lapsed time during which
such vehicle travels between such limits, and such limits shall
not be closer than one-fourth mile. [1981 c 105 § 1; 1961 c
12 § 46.48.120. Prior: 1937 c 189 § 74; RRS § 6360-74;
1927 c 309 § 7; RRS § 6362-7. Formerly RCW 46.48.120.]
46.61.470
RECKLESS DRIVING,
DRIVING UNDER THE INFLUENCE,
VEHICULAR HOMICIDE AND ASSAULT
46.61.500 Reckless driving—Penalty. (1) Any person
who drives any vehicle in willful or wanton disregard for the
safety of persons or property is guilty of reckless driving.
Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one
year and by a fine of not more than five thousand dollars.
46.61.500
(2008 Ed.)
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
46.61.502 Driving under the influence. (1) A person
is guilty of driving while under the influence of intoxicating
liquor or any drug if the person drives a vehicle within this
state:
(a) And the person has, within two hours after driving, an
alcohol concentration of 0.08 or higher as shown by analysis
of the person’s breath or blood made under RCW 46.61.506;
or
(b) While the person is under the influence of or affected
by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of
this state shall not constitute a defense against a charge of
violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed
a sufficient quantity of alcohol after the time of driving and
before the administration of an analysis of the person’s breath
or blood to cause the defendant’s alcohol concentration to be
0.08 or more within two hours after driving. The court shall
not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant’s intent to assert the affirmative
defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person
had an alcohol concentration of 0.08 or more in violation of
subsection (1)(a) of this section, and in any case in which the
analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or
affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A
RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten
years as defined in RCW 46.61.5055; or (b) the person has
ever previously been convicted of (i) vehicular homicide
while under the influence of intoxicating liquor or any drug,
46.61.502
[Title 46 RCW—page 245]
46.61.503
Title 46 RCW: Motor Vehicles
RCW 46.61.520(1)(a), (ii) vehicular assault while under the
influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to
the offense specified in (b)(i) or (ii) of this subsection. [2008
c 282 § 20; 2006 c 73 § 1; 1998 c 213 § 3; 1994 c 275 § 2;
1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c
176 § 1.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2006 c 73: "This act takes effect July 1, 2007." [2006
c 73 § 19.]
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—1987 c 373: "The legislature finds the
existing statutes that establish the criteria for determining when a person is
guilty of driving a motor vehicle under the influence of intoxicating liquor or
drugs are constitutional and do not require any additional criteria to ensure
their legality. The purpose of this act is to provide an additional method of
defining the crime of driving while intoxicated. This act is not an acknowledgement that the existing breath alcohol standard is legally improper or
invalid." [1987 c 373 § 1.]
Severability—1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 373 § 8.]
Severability—1979 ex.s. c 176: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 176 § 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or drugs
prohibited: RCW 79A.60.040.
46.61.503 Driver under twenty-one consuming alcohol—Penalties. (1) Notwithstanding any other provision of
this title, a person is guilty of driving or being in physical
control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle
within this state and the person:
(a) Is under the age of twenty-one;
(b) Has, within two hours after operating or being in
physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified
in RCW 46.61.502, as shown by analysis of the person’s
breath or blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a
sufficient quantity of alcohol after the time of driving or
being in physical control and before the administration of an
analysis of the person’s breath or blood to cause the defendant’s alcohol concentration to be in violation of subsection
(1) of this section within two hours after driving or being in
physical control. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to
the earlier of: (a) Seven days prior to trial; or (b) the omnibus
or pretrial hearing in the case of the defendant’s intent to
assert the affirmative defense.
46.61.503
[Title 46 RCW—page 246]
(3) Analyses of blood or breath samples obtained more
than two hours after the alleged driving or being in physical
control may be used as evidence that within two hours of the
alleged driving or being in physical control, a person had an
alcohol concentration in violation of subsection (1) of this
section.
(4) A violation of this section is a misdemeanor. [1998 c
213 § 4; 1998 c 207 § 5; 1998 c 41 § 8; 1995 c 332 § 2; 1994
c 275 § 10. Formerly RCW 46.20.309.]
Reviser’s note: This section was amended by 1998 c 41 § 8, 1998 c 207
§ 5, and by 1998 c 213 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.504 Physical control of vehicle under the influence. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in
actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected
by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of
this state does not constitute a defense against any charge of
violating this section. No person may be convicted under this
section if, prior to being pursued by a law enforcement
officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed
a sufficient quantity of alcohol after the time of being in
actual physical control of the vehicle and before the administration of an analysis of the person’s breath or blood to cause
the defendant’s alcohol concentration to be 0.08 or more
within two hours after being in such control. The court shall
not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant’s intent to assert the affirmative
defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two
hours of the alleged being in such control, a person had an
alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used
46.61.504
(2008 Ed.)
Rules of the Road
as evidence that a person was under the influence of or
affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A
RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten
years as defined in RCW 46.61.5055; or (b) the person has
ever previously been convicted of (i) vehicular homicide
while under the influence of intoxicating liquor or any drug,
RCW 46.61.520(1)(a), (ii) vehicular assault while under the
influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to
the offense specified in (b)(i) or (ii) of this subsection. [2008
c 282 § 21; 2006 c 73 § 2; 1998 c 213 § 5; 1994 c 275 § 3;
1993 c 328 § 2; 1987 c 373 § 3; 1986 c 153 § 3; 1979 ex.s. c
176 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.
46.61.5055
solely for funding the state toxicology laboratory blood or
breath testing programs; and fifty percent in the state patrol
highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations’ account to be used solely for
funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
(3) This section applies to any offense committed on or
after July 1, 1993. [1995 c 398 § 15; 1995 c 332 § 13; 1994
c 275 § 7.]
Reviser’s note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053
were repealed by 1995 c 332 § 21, effective September 1, 1995.
**(2) RCW 3.46.120 was repealed by 2008 c 227 § 12, effective July
1, 2008.
(3) This section was amended by 1995 c 332 § 13 and by 1995 c 398 §
15, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.5055
46.61.5054 Alcohol violators—Additional fee—Distribution. (1)(a) In addition to penalties set forth in *RCW
46.61.5051 through 46.61.5053 until September 1, 1995, and
RCW 46.61.5055 thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted,
sentenced to a lesser charge, or given deferred prosecution, as
a result of an arrest for violating RCW 46.61.502, 46.61.504,
46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the
Washington state patrol for grants and activities to increase
the conviction rate and decrease the incidence of persons
driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the
fee, the court may suspend payment of all or part of the fee if
it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation of RCW 46.61.502, 46.61.504,
46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon
a verified petition by a minor assessed the fee, the court may
suspend payment of all or part of the fee if it finds that the
minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section
shall be collected by the clerk of the court and distributed as
follows:
(a) Forty percent shall be subject to distribution under
RCW **3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040,
or 10.82.070.
(b) The remainder of the fee shall be forwarded to the
state treasurer who shall, through June 30, 1997, deposit:
Fifty percent in the death investigations’ account to be used
46.61.5054
(2008 Ed.)
46.61.5055 Alcohol violators—Penalty schedule.
(Effective until January 1, 2009.) (1) Except as provided in
RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and
who has no prior offense within seven years shall be punished
as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than one day nor more
than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based.
In lieu of the mandatory minimum term of imprisonment
required under this subsection (1)(a)(i), the court may order
not less than fifteen days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring.
The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require
the offender’s electronic home monitoring device to include
an alcohol detection breathalyzer, and the court may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty dol[Title 46 RCW—page 247]
46.61.5055
Title 46 RCW: Motor Vehicles
lars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than two days nor more
than one year. Two consecutive days of the imprisonment
may not be suspended or deferred unless the court finds that
the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender’s physical or mental
well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this
subsection (1)(b)(i), the court may order not less than thirty
days of electronic home monitoring. The offender shall pay
the cost of electronic home monitoring. The county or
municipality in which the penalty is being imposed shall
determine the cost. The court may also require the offender’s
electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount
of alcohol the offender may consume during the time the
offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent.
(2) Except as provided in RCW 46.61.502(6) or
46.61.504(6), a person who is convicted of a violation of
RCW 46.61.502 or 46.61.504 and who has one prior offense
within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than thirty days nor
more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender’s electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Thirty
days of imprisonment and sixty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
[Title 46 RCW—page 248]
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender’s electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Fortyfive days of imprisonment and ninety days of electronic
home monitoring may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the
offender’s physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent.
(3) Except as provided in RCW 46.61.502(6) or
46.61.504(6), a person who is convicted of a violation of
RCW 46.61.502 or 46.61.504 and who has two or three prior
offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than ninety days nor
more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost
of the electronic monitoring. The county or municipality
where the penalty is being imposed shall determine the cost.
The court may also require the offender’s electronic home
monitoring device include an alcohol detection breathalyzer,
and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred
twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor
more than five thousand dollars. One thousand dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
(2008 Ed.)
Rules of the Road
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than one hundred
twenty days nor more than one year and one hundred fifty
days of electronic home monitoring. The offender shall pay
for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on
electronic home monitoring. One hundred twenty days of
imprisonment and one hundred fifty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand
five hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be indigent.
(4) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has four or more prior
offenses within ten years, or who has ever previously been
convicted of a violation of RCW 46.61.520 committed while
under the influence of intoxicating liquor or any drug or
RCW 46.61.522 committed while under the influence of
intoxicating liquor or any drug, shall be punished in accordance with chapter 9.94A RCW.
(5) If a person who is convicted of a violation of RCW
46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court
shall:
(a) In any case in which the installation and use of an
interlock or other device is not mandatory under RCW
46.20.720 or other law, order the use of such a device for not
less than sixty days following the restoration of the person’s
license, permit, or nonresident driving privileges; and
(b) In any case in which the installation and use of such
a device is otherwise mandatory, order the use of such a
device for an additional sixty days.
(6) In exercising its discretion in setting penalties within
the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person’s driving at the time of the
offense was responsible for injury or damage to another or
another’s property; and
(b) Whether at the time of the offense the person was
driving or in physical control of a vehicle with one or more
passengers.
(7) An offender punishable under this section is subject
to the alcohol assessment and treatment provisions of RCW
46.61.5056.
(8) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a
motor vehicle while under the influence of intoxicating liquor
or drugs must:
(2008 Ed.)
46.61.5055
(a) If the person’s alcohol concentration was less than
0.15, or if for reasons other than the person’s refusal to take a
test offered under RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) Where there has been no prior offense within seven
years, be suspended or denied by the department for ninety
days;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years;
or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for three years;
(b) If the person’s alcohol concentration was at least
0.15:
(i) Where there has been no prior offense within seven
years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for four years; or
(c) If by reason of the person’s refusal to take a test
offered under RCW 46.20.308, there is no test result indicating the person’s alcohol concentration:
(i) Where there have been no prior offenses within seven
years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for three years;
or
(iii) Where there have been two or more previous
offenses within seven years, be revoked or denied by the
department for four years.
The department shall grant credit on a day-for-day basis
for any portion of a suspension, revocation, or denial already
served under this subsection for a suspension, revocation, or
denial imposed under RCW 46.20.3101 arising out of the
same incident.
For purposes of this subsection (8), the department shall
refer to the driver’s record maintained under RCW 46.52.120
when determining the existence of prior offenses.
(9) After expiration of any period of suspension, revocation, or denial of the offender’s license, permit, or privilege to
drive required by this section, the department shall place the
offender’s driving privilege in probationary status pursuant to
RCW 46.20.355.
(10)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the
court imposes less than one year in jail, the court shall also
suspend but shall not defer a period of confinement for a
period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor
vehicle within this state without a valid license to drive and
proof of financial responsibility for the future; (ii) not driving
a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and
(iii) not refusing to submit to a test of his or her breath or
blood to determine alcohol concentration upon request of a
law enforcement officer who has reasonable grounds to
believe the person was driving or was in actual physical con[Title 46 RCW—page 249]
46.61.5055
Title 46 RCW: Motor Vehicles
trol of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions
of probation that include nonrepetition, installation of an
ignition interlock device on the probationer’s motor vehicle,
alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be
imposed in whole or in part upon violation of a condition of
probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall
order the convicted person to be confined for thirty days,
which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection,
the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or
denied at the time the finding of probation violation is made,
the suspension, revocation, or denial then in effect shall be
extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this
subsection.
(11) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home
monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic
home monitoring is waived, the court shall state in writing
the reason for granting the waiver and the facts upon which
the waiver is based, and shall impose an alternative sentence
with similar punitive consequences. The alternative sentence
may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic
home monitoring or alternative sentence would exceed three
hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring
or alternative portion of the sentence shall be reduced so that
the combination does not exceed three hundred sixty-five
days.
(12) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set forth
in RCW 9.94A.728(4).
(13) For purposes of this section and RCW 46.61.502
and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an
equivalent local ordinance;
[Title 46 RCW—page 250]
(iii) A conviction for a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or
any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if
the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.502,
46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.5249,
or an equivalent local ordinance, if the charge under which
the deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522;
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current offense; and
(c) "Within ten years" means that the arrest for a prior
offense occurred within ten years of the arrest for the current
offense. [2007 c 474 § 1; 2006 c 73 § 3; 2004 c 95 § 13; 2003
c 103 § 1. Prior: 1999 c 324 § 5; 1999 c 274 § 6; 1999 c 5 §
1; prior: 1998 c 215 § 1; 1998 c 214 §1; 1998 c 211 § 1; 1998
c 210 § 4; 1998 c 207 § 1; 1998 c 206 § 1; prior: 1997 c 229
§ 11; 1997 c 66 § 14; 1996 c 307 § 3; 1995 1st sp.s. c 17 § 2;
1995 c 332 § 5.]
Effective date—2007 c 474: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 474 § 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—1999 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1999 c 5 § 2.]
Effective date—1999 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 16, 1999]." [1999 c 5 § 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999."
[1998 c 214 § 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999."
[1998 c 211 § 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See
notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999."
[1998 c 207 § 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW
46.20.355.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
(2008 Ed.)
Rules of the Road
46.61.5055 Alcohol violators—Penalty schedule.
(Effective January 1, 2009.) (1) Except as provided in RCW
46.61.502(6) or 46.61.504(6), a person who is convicted of a
violation of RCW 46.61.502 or 46.61.504 and who has no
prior offense within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than one day nor more
than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based.
In lieu of the mandatory minimum term of imprisonment
required under this subsection (1)(a)(i), the court may order
not less than fifteen days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring.
The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require
the offender’s electronic home monitoring device to include
an alcohol detection breathalyzer, and the court may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than two days nor more
than one year. Two consecutive days of the imprisonment
may not be suspended or deferred unless the court finds that
the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender’s physical or mental
well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this
subsection (1)(b)(i), the court may order not less than thirty
days of electronic home monitoring. The offender shall pay
the cost of electronic home monitoring. The county or
municipality in which the penalty is being imposed shall
determine the cost. The court may also require the offender’s
electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount
of alcohol the offender may consume during the time the
offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent.
46.61.5055
(2008 Ed.)
46.61.5055
(2) Except as provided in RCW 46.61.502(6) or
46.61.504(6), a person who is convicted of a violation of
RCW 46.61.502 or 46.61.504 and who has one prior offense
within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than thirty days nor
more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender’s electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Thirty
days of imprisonment and sixty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender’s electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Fortyfive days of imprisonment and ninety days of electronic
home monitoring may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the
offender’s physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent.
(3) Except as provided in RCW 46.61.502(6) or
46.61.504(6), a person who is convicted of a violation of
[Title 46 RCW—page 251]
46.61.5055
Title 46 RCW: Motor Vehicles
RCW 46.61.502 or 46.61.504 and who has two or three prior
offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than ninety days nor
more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost
of the electronic monitoring. The county or municipality
where the penalty is being imposed shall determine the cost.
The court may also require the offender’s electronic home
monitoring device include an alcohol detection breathalyzer,
and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred
twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor
more than five thousand dollars. One thousand dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than one hundred
twenty days nor more than one year and one hundred fifty
days of electronic home monitoring. The offender shall pay
for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on
electronic home monitoring. One hundred twenty days of
imprisonment and one hundred fifty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand
five hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be indigent.
(4) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 shall be punished under chapter
9.94A RCW if: (a) The person has four or more prior
offenses within ten years; or (b) the person has ever previ[Title 46 RCW—page 252]
ously been convicted of: (i) A violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or
any drug; (ii) a violation of RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug; or (iii)
an out-of-state offense comparable to the offense specified in
(b)(i) or (ii) of this subsection.
(5)(a) The court shall require any person convicted of an
alcohol-related violation of RCW 46.61.502 or 46.61.504 to
apply for an ignition interlock driver’s license from the
department under *RCW 46.20.385 and to have a functioning
ignition interlock device installed on all motor vehicles operated by the person.
(b) The installation of an ignition interlock device is not
necessary on vehicles owned by a person’s employer and
driven as a requirement of employment during working
hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer
stating that the person’s employment requires the person to
operate a vehicle owned by the employer during working
hours.
(c) An ignition interlock device imposed under this section shall be calibrated to prevent a motor vehicle from being
started when the breath sample provided has an alcohol concentration of 0.025 or more.
(d) The court may waive the requirement that a person
obtain an ignition interlock driver’s license and operate only
vehicles equipped with a functioning ignition interlock
device if the court makes a specific finding in writing that the
devices are not reasonably available in the local area, that the
person does not operate a vehicle, or the person is not eligible
to receive an ignition interlock driver’s license under RCW
46.20.385.
(e) When the requirement that a person obtain an ignition
interlock driver’s license and operate only vehicles equipped
with a functioning ignition interlock device is waived by the
court, the court shall order the person to submit to alcohol
monitoring through an alcohol detection breathalyzer device,
transdermal sensor device, or other technology designed to
detect alcohol in a person’s system. The person shall pay for
the cost of the monitoring. The county or municipality where
the penalty is being imposed shall determine the cost.
(f) The period of time for which ignition interlock use or
alcohol monitoring is required will be as follows:
(i) For a person who has not previously been restricted
under this section, a period of one year;
(ii) For a person who has previously been restricted
under (f)(i) of this subsection, a period of five years;
(iii) For a person who has previously been restricted
under (f)(ii) of this subsection, a period of ten years.
(6) If a person who is convicted of a violation of RCW
46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court
shall:
(a) In any case in which the installation and use of an
interlock or other device is not mandatory under RCW
46.20.720 or other law, order the use of such a device for not
less than sixty days following the restoration of the person’s
license, permit, or nonresident driving privileges; and
(b) In any case in which the installation and use of such
a device is otherwise mandatory, order the use of such a
device for an additional sixty days.
(2008 Ed.)
Rules of the Road
(7) In exercising its discretion in setting penalties within
the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person’s driving at the time of the
offense was responsible for injury or damage to another or
another’s property; and
(b) Whether at the time of the offense the person was
driving or in physical control of a vehicle with one or more
passengers.
(8) An offender punishable under this section is subject
to the alcohol assessment and treatment provisions of RCW
46.61.5056.
(9) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a
motor vehicle while under the influence of intoxicating liquor
or drugs must:
(a) If the person’s alcohol concentration was less than
0.15, or if for reasons other than the person’s refusal to take a
test offered under RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) Where there has been no prior offense within seven
years, be suspended or denied by the department for ninety
days;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years;
or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for three years;
(b) If the person’s alcohol concentration was at least
0.15:
(i) Where there has been no prior offense within seven
years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for four years; or
(c) If by reason of the person’s refusal to take a test
offered under RCW 46.20.308, there is no test result indicating the person’s alcohol concentration:
(i) Where there have been no prior offenses within seven
years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for three years;
or
(iii) Where there have been two or more previous
offenses within seven years, be revoked or denied by the
department for four years.
The department shall grant credit on a day-for-day basis
for any portion of a suspension, revocation, or denial already
served under this subsection for a suspension, revocation, or
denial imposed under RCW 46.20.3101 arising out of the
same incident.
For purposes of this subsection (9), the department shall
refer to the driver’s record maintained under RCW 46.52.120
when determining the existence of prior offenses.
(10) After expiration of any period of suspension, revocation, or denial of the offender’s license, permit, or privilege
to drive required by this section, the department shall place
(2008 Ed.)
46.61.5055
the offender’s driving privilege in probationary status pursuant to RCW 46.20.355.
(11)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the
court imposes less than one year in jail, the court shall also
suspend but shall not defer a period of confinement for a
period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor
vehicle within this state without a valid license to drive and
proof of financial responsibility for the future; (ii) not driving
a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and
(iii) not refusing to submit to a test of his or her breath or
blood to determine alcohol concentration upon request of a
law enforcement officer who has reasonable grounds to
believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions
of probation that include nonrepetition, installation of an
ignition interlock device on the probationer’s motor vehicle,
alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be
imposed in whole or in part upon violation of a condition of
probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall
order the convicted person to be confined for thirty days,
which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection,
the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or
denied at the time the finding of probation violation is made,
the suspension, revocation, or denial then in effect shall be
extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this
subsection.
(12) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home
monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic
home monitoring is waived, the court shall state in writing
the reason for granting the waiver and the facts upon which
the waiver is based, and shall impose an alternative sentence
with similar punitive consequences. The alternative sentence
may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic
home monitoring or alternative sentence would exceed three
hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring
or alternative portion of the sentence shall be reduced so that
[Title 46 RCW—page 253]
46.61.5056
Title 46 RCW: Motor Vehicles
the combination does not exceed three hundred sixty-five
days.
(13) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set forth
in RCW 9.94A.728(4).
(14) For purposes of this section and RCW 46.61.502
and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an
equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or
any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if
the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.502,
46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.5249,
or an equivalent local ordinance, if the charge under which
the deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522;
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current offense; and
(c) "Within ten years" means that the arrest for a prior
offense occurred within ten years of the arrest for the current
offense. [2008 c 282 § 14; 2007 c 474 § 1; 2006 c 73 § 3;
2004 c 95 § 13; 2003 c 103 § 1. Prior: 1999 c 324 § 5; 1999
c 274 § 6; 1999 c 5 § 1; prior: 1998 c 215 § 1; 1998 c 214 §1;
1998 c 211 § 1; 1998 c 210 § 4; 1998 c 207 § 1; 1998 c 206 §
1; prior: 1997 c 229 § 11; 1997 c 66 § 14; 1996 c 307 § 3;
1995 1st sp.s. c 17 § 2; 1995 c 332 § 5.]
*Reviser’s note: The reference to RCW 46.20.385 appears to be erroneous. A reference to RCW 46.20.720 was apparently intended.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—2007 c 474: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 474 § 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—1999 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1999 c 5 § 2.]
[Title 46 RCW—page 254]
Effective date—1999 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 16, 1999]." [1999 c 5 § 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999."
[1998 c 214 § 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999."
[1998 c 211 § 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See
notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999."
[1998 c 207 § 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW
46.20.355.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.5056 Alcohol violators—Information school—
Evaluation and treatment. (1) A person subject to alcohol
assessment and treatment under RCW 46.61.5055 shall be
required by the court to complete a course in an alcohol information school approved by the department of social and
health services or to complete more intensive treatment in a
program approved by the department of social and health services, as determined by the court. The court shall notify the
department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an
alcoholism agency approved by the department of social and
health services or a qualified probation department approved
by the department of social and health services. A copy of the
report shall be forwarded to the department of licensing.
Based on the diagnostic evaluation, the court shall determine
whether the person shall be required to complete a course in
an alcohol information school approved by the department of
social and health services or more intensive treatment in a
program approved by the department of social and health services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and
health services. The department of social and health services
shall periodically review the costs of alcohol information
schools and treatment programs.
(4) Any agency that provides treatment ordered under
RCW 46.61.5055, shall immediately report to the appropriate
probation department where applicable, otherwise to the
court, and to the department of licensing any noncompliance
by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and
the department of social and health services of any failure by
an agency to so report noncompliance. Any agency with
knowledge of noncompliance that fails to so report shall be
fined two hundred fifty dollars by the department of social
and health services. Upon three such failures by an agency
within one year, the department of social and health services
shall revoke the agency’s approval under this section.
(5) The department of licensing and the department of
social and health services may adopt such rules as are necessary to carry out this section. [1995 c 332 § 14; 1994 c 275 §
9.]
46.61.5056
(2008 Ed.)
Rules of the Road
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.50571
46.61.50571 Alcohol violators—Mandatory appearances. (1) A defendant who is charged with an offense
involving driving while under the influence as defined in
RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined
in RCW 46.61.504, shall be required to appear in person
before a judicial officer within one judicial day after the
arrest if the defendant is served with a citation or complaint at
the time of the arrest. A court may by local court rule waive
the requirement for appearance within one judicial day if it
provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that
day in the rule.
(2) A defendant who is charged with an offense involving driving while under the influence as defined in RCW
46.61.502, driving under age twenty-one after consuming
alcohol as defined in RCW 46.61.503, or being in physical
control of a vehicle while under the influence as defined in
RCW 46.61.504, and who is not served with a citation or
complaint at the time of the incident, shall appear in court for
arraignment in person as soon as practicable, but in no event
later than fourteen days after the next day on which court is in
session following the issuance of the citation or the filing of
the complaint or information.
(3) At the time of an appearance required by this section,
the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an
arraignment.
(4) Appearances required by this section are mandatory
and may not be waived. [2000 c 52 § 1; 1999 c 114 § 1; 1998
c 214 § 5.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
46.61.5058 Alcohol violators—Vehicle seizure and
forfeiture. (1) Upon the arrest of a person or upon the filing
of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a
person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a prior offense
within seven years as defined in RCW 46.61.5055, and where
the person has been provided written notice that any transfer,
sale, or encumbrance of such person’s interest in the vehicle
over which that person was actually driving or had physical
control when the violation occurred, is unlawful pending
either acquittal, dismissal, sixty days after conviction, or
other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her
interest in such vehicle, except as otherwise provided in (a),
(b), and (c) of this subsection, until either acquittal, dismissal,
sixty days after conviction, or other termination of the
charge. The prohibition against transfer of title shall not be
stayed pending the determination of an appeal from the conviction.
46.61.5058
(2008 Ed.)
46.61.5058
(a) A vehicle encumbered by a bona fide security interest
may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the
lessor, rental agency, or to a person designated by the lessor
or rental agency; and
(c) A vehicle may be transferred to a third party or a
vehicle dealer who is a bona fide purchaser or may be subject
to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or
vehicle dealer, such party or dealer had actual notice that the
vehicle was subject to the prohibition prior to the purchase, or
(ii) in the case of a security interest, the holder of the security
interest had actual notice that the vehicle was subject to the
prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW
46.61.502 or 46.61.504 or any similar municipal ordinance
where the person convicted has a prior offense within seven
years as defined in RCW 46.61.5055, the motor vehicle the
person was driving or over which the person had actual physical control at the time of the offense, if the person has a
financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may
be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a
vehicle may be made without process if the vehicle subject to
seizure has been the subject of a prior judgment in favor of
the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law
enforcement agency under whose authority the seizure was
made shall cause notice of the seizure and intended forfeiture
of the seized vehicle to be served within fifteen days after the
seizure on the owner of the vehicle seized, on the person in
charge of the vehicle, and on any person having a known
right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any
method authorized by law or court rule, including but not
limited to service by certified mail with return receipt
requested. Service by mail is complete upon mailing within
the fifteen-day period after the seizure. Notice of seizure in
the case of property subject to a security interest that has been
perfected on a certificate of title shall be made by service
upon the secured party or the secured party’s assignee at the
address shown on the financing statement or the certificate of
title.
(5) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the law enforcement agency shall give the person
or persons a reasonable opportunity to be heard as to the
claim or right. The hearing shall be before the chief law
enforcement officer of the seizing agency or the chief law
enforcement officer’s designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the
hearing shall be before the chief law enforcement officer of
[Title 46 RCW—page 255]
46.61.506
Title 46 RCW: Motor Vehicles
the seizing agency or an administrative law judge appointed
under chapter 34.12 RCW, except that any person asserting a
claim or right may remove the matter to a court of competent
jurisdiction. Removal may only be accomplished according
to the rules of civil procedure. The person seeking removal of
the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing
agency, and any other party of interest, in accordance with
RCW 4.28.080 or 4.92.020, within forty-five days after the
person seeking removal has notified the seizing law enforcement agency of the person’s claim of ownership or right to
possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the
vehicle is within the jurisdictional limit set forth in RCW
3.66.020. A hearing before the seizing agency and any appeal
therefrom shall be under Title 34 RCW. In a court hearing
between two or more claimants to the vehicle involved, the
prevailing party shall be entitled to a judgment for costs and
reasonable attorneys’ fees. The burden of producing evidence
shall be upon the person claiming to be the legal owner or the
person claiming to have the lawful right to possession of the
vehicle. The seizing law enforcement agency shall promptly
return the vehicle to the claimant upon a determination by the
administrative law judge or court that the claimant is the
present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the
seizing law enforcement agency may sell the vehicle, retain it
for official use, or upon application by a law enforcement
agency of this state release the vehicle to that agency for the
exclusive use of enforcing this title; provided, however, that
the agency shall first satisfy any bona fide security interest to
which the vehicle is subject under subsection (1)(a) or (c) of
this section.
(8) When a vehicle is forfeited, the seizing agency shall
keep a record indicating the identity of the prior owner, if
known, a description of the vehicle, the disposition of the
vehicle, the value of the vehicle at the time of seizure, and the
amount of proceeds realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited
vehicles for at least seven years.
(10) Each seizing agency shall file a report including a
copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a
forfeited vehicle that is still being held for use as evidence
during the investigation or prosecution of a case or during the
appeal from a conviction.
(12) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in
the public safety and education account.
(13) The net proceeds of a forfeited vehicle is the value
of the forfeitable interest in the vehicle after deducting the
cost of satisfying a bona fide security interest to which the
vehicle is subject at the time of seizure; and in the case of a
sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents.
[Title 46 RCW—page 256]
(14) The value of a sold forfeited vehicle is the sale
price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined
when possible by reference to an applicable commonly used
index, such as the index used by the department of licensing.
A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If
an appraiser is used, the value of the vehicle appraised is net
of the cost of the appraisal. [1998 c 207 § 2; 1995 c 332 § 6;
1994 c 139 § 1.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.506 Persons under influence of intoxicating
liquor or drug—Evidence—Tests—Information concerning tests. (1) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control
of a vehicle while under the influence of intoxicating liquor
or any drug, if the person’s alcohol concentration is less than
0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under
the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of
alcohol per two hundred ten liters of breath. The foregoing
provisions of this section shall not be construed as limiting
the introduction of any other competent evidence bearing
upon the question whether the person was under the influence
of intoxicating liquor or any drug.
(3) Analysis of the person’s blood or breath to be considered valid under the provisions of this section or RCW
46.61.502 or 46.61.504 shall have been performed according
to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to
approve satisfactory techniques or methods, to supervise the
examination of individuals to ascertain their qualifications
and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the
discretion of the state toxicologist.
(4)(a) A breath test performed by any instrument
approved by the state toxicologist shall be admissible at trial
or in an administrative proceeding if the prosecution or
department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to
perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least fifteen minutes prior
to administration of the test;
(iii) The person being tested did not have any foreign
substances, not to include dental work, fixed or removable, in
his or her mouth at the beginning of the fifteen-minute observation period;
(iv) Prior to the start of the test, the temperature of the
simulator solution as measured by a thermometer approved
of by the state toxicologist was thirty-four degrees centigrade
plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message
"verified";
46.61.506
(2008 Ed.)
Rules of the Road
(vi) The two breath samples agree to within plus or
minus ten percent of their mean to be determined by the
method approved by the state toxicologist;
(vii) The simulator external standard result did lie
between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence"
is evidence of sufficient circumstances that would support a
logical and reasonable inference of the facts sought to be
proved. In assessing whether there is sufficient evidence of
the foundational facts, the court or administrative tribunal is
to assume the truth of the prosecution’s or department’s evidence and all reasonable inferences from it in a light most
favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the
subject of the test from challenging the reliability or accuracy
of the test, the reliability or functioning of the instrument, or
any maintenance procedures. Such challenges, however,
shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the
requirements contained in (a) of this subsection. Instead,
such challenges may be considered by the trier of fact in
determining what weight to give to the test result.
(5) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, a licensed
practical nurse, a nursing assistant as defined in chapter
18.88A RCW, a physician assistant as defined in chapter
18.71A RCW, a first responder as defined in chapter 18.73
RCW, an emergency medical technician as defined in chapter
18.73 RCW, a health care assistant as defined in chapter
18.135 RCW, or any technician trained in withdrawing
blood. This limitation shall not apply to the taking of breath
specimens.
(6) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer one or more
tests in addition to any administered at the direction of a law
enforcement officer. The test will be admissible if the person
establishes the general acceptability of the testing technique
or method. The failure or inability to obtain an additional test
by a person shall not preclude the admission of evidence
relating to the test or tests taken at the direction of a law
enforcement officer.
(7) Upon the request of the person who shall submit to a
test or tests at the request of a law enforcement officer, full
information concerning the test or tests shall be made available to him or her or his or her attorney. [2004 c 68 § 4; 1998
c 213 § 6; 1995 c 332 § 18; 1994 c 275 § 26; 1987 c 373 § 4;
1986 c 153 § 4; 1979 ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1;
1969 c 1 § 3 (Initiative Measure No. 242, approved November 5, 1968).]
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution
tests—CrRLJ 6.13.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.5151
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Arrest of driver under influence of intoxicating liquor or drugs: RCW
10.31.100.
46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or utilizing services of such physician, registered nurse,
or qualified technician, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for
the purpose of a blood test under the provisions of RCW
46.20.308, as now or hereafter amended: PROVIDED, That
nothing in this section shall relieve any physician, registered
nurse, qualified technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of
improper procedures or failing to exercise the required standard of care. [1977 ex.s. c 143 § 1.]
46.61.508
46.61.513 Criminal history and driving record. (1)
Immediately before the court defers prosecution under RCW
10.05.020, dismisses a charge, or orders a sentence for any
offense listed in subsection (2) of this section, the court and
prosecutor shall verify the defendant’s criminal history and
driving record. The order shall include specific findings as to
the criminal history and driving record. For purposes of this
section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through
the judicial information system or otherwise available to the
court or prosecutor, current to within the period specified in
subsection (3) of this section before the date of the order. For
purposes of this section, the driving record shall include all
information reported to the court by the department of licensing.
(2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance;
(c) RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or
an equivalent local ordinance, if the conviction is the result of
a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504 or an equivalent local ordinance, or
of RCW 46.61.520 or 46.61.522.
(3) The periods applicable to previous convictions and
orders of deferred prosecution are: (a) One working day, in
the case of previous actions of courts that fully participate in
the state judicial information system; and (b) seven calendar
days, in the case of previous actions of courts that do not fully
participate in the judicial information system. For purposes of
this subsection, "fully participate" means regularly providing
records to and receiving records from the system by electronic means on a daily basis. [1998 c 211 § 5.]
46.61.513
Effective date—1998 c 211: See note following RCW 46.61.5055.
46.61.5151 Sentences—Intermittent fulfillment—
Restrictions. A sentencing court may allow a person con46.61.5151
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
(2008 Ed.)
[Title 46 RCW—page 257]
46.61.5152
Title 46 RCW: Motor Vehicles
victed of a nonfelony violation of RCW 46.61.502 or
46.61.504 to fulfill the terms of the sentence provided in
RCW 46.61.5055 in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under
RCW 46.61.5055 shall be served consecutively unless suspended or deferred as otherwise provided by law. [2006 c 73
§ 18; 1995 c 332 § 15; 1994 c 275 § 39; 1983 c 165 § 33.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.5152 Attendance at program focusing on victims. In addition to penalties that may be imposed under
RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or
46.61.504 or who enters a deferred prosecution program
under RCW 10.05.020 based on a nonfelony violation of
RCW 46.61.502 or 46.61.504, to attend an educational program focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of
driving while under the influence of intoxicants. [2006 c 73
§ 17; 1998 c 41 § 9; 1994 c 275 § 40; 1992 c 64 § 1.]
46.61.5152
Effective date—2006 c 73: See note following RCW 46.61.502.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.516 Qualified probation department defined.
A qualified probation department means a probation department for a district or municipal court that has a sufficient
number of qualified alcohol assessment officers who meet
the requirements of a qualified alcoholism counselor as provided by rule of the department of social and health services,
except that the required hours of supervised work experience
in an alcoholism agency may be satisfied by completing an
equivalent number of hours of supervised work doing alcohol
assessments within a probation department. [1983 c 150 § 2.]
46.61.516
can, or other receptacle containing an alcoholic beverage if
the container has been opened or a seal broken or the contents
partially removed.
(3) It is a traffic infraction for the registered owner of a
motor vehicle, or the driver if the registered owner is not then
present in the vehicle, to keep in a motor vehicle when the
vehicle is upon a highway, a bottle, can, or other receptacle
containing an alcoholic beverage which has been opened or a
seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area
of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area
occupied by the driver and passengers.
(4) This section does not apply to a public conveyance
that has been commercially chartered for group use or to the
living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for-hire vehicle licensed under
city, county, or state law, or to a privately-owned vehicle
operated by a person possessing a valid operator’s license
endorsed for the appropriate classification under chapter
46.25 RCW in the course of his usual employment transporting passengers at the employer’s direction: PROVIDED,
That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by
the operator of any vehicle while upon a highway. [1989 c
178 § 26; 1984 c 274 § 1; 1983 c 165 § 28.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.5191 Local ordinances not prohibited. Nothing
in RCW 46.61.519 or RCW 46.61.5191 prohibits any city or
town from enacting a local ordinance that proscribes the acts
proscribed by those sections and that provides penalties equal
to or greater than the penalties provided in those sections.
[1984 c 274 § 2.]
46.61.5191
46.61.5195 Disguising alcoholic beverage container.
(1) It is a traffic infraction to incorrectly label the original
container of an alcoholic beverage and to then violate RCW
46.61.519.
(2) It is a traffic infraction to place an alcoholic beverage
in a container specifically labeled by the manufacturer of the
container as containing a nonalcoholic beverage and to then
violate RCW 46.61.519. [1984 c 274 § 3.]
46.61.5195
46.61.517 Refusal of test—Admissibility as evidence.
The refusal of a person to submit to a test of the alcohol or
drug concentration in the person’s blood or breath under
RCW 46.20.308 is admissible into evidence at a subsequent
criminal trial. [2001 c 142 § 1; 1987 c 373 § 5; 1986 c 64 §
2; 1985 c 352 § 21; 1983 c 165 § 27.]
46.61.517
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.519 Alcoholic beverages—Drinking or open
container in vehicle on highway—Exceptions. (1) It is a
traffic infraction to drink any alcoholic beverage in a motor
vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his possession while in a motor vehicle upon a highway, a bottle,
46.61.519
[Title 46 RCW—page 258]
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.520 Vehicular homicide—Penalty. (1) When
the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any
vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
46.61.520
(2008 Ed.)
Rules of the Road
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable
under chapter 9A.20 RCW, except that, for a conviction
under subsection (1)(a) of this section, an additional two
years shall be added to the sentence for each prior offense as
defined in RCW 46.61.5055. [1998 c 211 § 2; 1996 c 199 §
7; 1991 c 348 § 1; 1983 c 164 § 1; 1975 1st ex.s. c 287 § 3;
1973 2nd ex.s. c 38 § 2; 1970 ex.s. c 49 § 5; 1965 ex.s. c 155
§ 63; 1961 c 12 § 46.56.040. Prior: 1937 c 189 § 120; RRS §
6360-120. Formerly RCW 46.56.040.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 348 § 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW
69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
Suspension or revocation of license upon conviction of vehicular homicide
or assault: RCW 46.20.285, 46.20.291.
46.61.522 Vehicular assault—Penalty. (1) A person is
guilty of vehicular assault if he or she operates or drives any
vehicle:
(a) In a reckless manner and causes substantial bodily
harm to another; or
(b) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes
substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under
chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has
the same meaning as in RCW 9A.04.110. [2001 c 300 § 1;
1996 c 199 § 8; 1983 c 164 § 2.]
46.61.522
Severability—1996 c 199: See note following RCW 9.94A.505.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.524 Vehicular homicide, assault—Evaluation,
treatment of drug or alcohol problem. (Effective until
August 1, 2009.) (1) A person convicted under RCW
46.61.502(6), 46.61.504(6), 46.61.520(1)(a), or
46.61.522(1)(b) shall, as a condition of community custody
imposed under RCW 9.94A.545 or community placement
imposed under RCW 9.94A.660, complete a diagnostic evaluation by an alcohol or drug dependency agency approved by
the department of social and health services or a qualified
probation department, as defined under RCW 46.61.516 that
has been approved by the department of social and health services. This report shall be forwarded to the department of
licensing. If the person is found to have an alcohol or drug
problem that requires treatment, the person shall complete
treatment in a program approved by the department of social
and health services under chapter 70.96A RCW. If the per46.61.524
(2008 Ed.)
46.61.5249
son is found not to have an alcohol or drug problem that
requires treatment, he or she shall complete a course in an
information school approved by the department of social and
health services under chapter 70.96A RCW. The convicted
person shall pay all costs for any evaluation, education, or
treatment required by this section, unless the person is eligible for an existing program offered or approved by the
department of social and health services. Nothing in chapter
348, Laws of 1991 requires the addition of new treatment or
assessment facilities nor affects the department of social and
health services use of existing programs and facilities authorized by law.
(2) As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522. The department shall determine the eligibility of
a person convicted of vehicular homicide under RCW
4 6 . 6 1 . 5 2 0 ( 1 ) ( a ) o r v e h i c u l a r a s s au l t u n d er R C W
46.61.522(1)(b) to receive a license based upon the report
provided by the designated alcoholism treatment facility or
probation department, and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. [2006 c 73 § 16;
2001 c 64 § 7; 2000 c 28 § 40; 1991 c 348 § 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
Effective date—1991 c 348: See note following RCW 46.61.520.
46.61.524 Vehicular homicide, assault—Revocation
of driving privilege—Eligibility for reinstatement.
(Effective August 1, 2009.) As provided for under RCW
46.20.285, the department shall revoke the license, permit to
drive, or a nonresident privilege of a person convicted of
vehicular homicide under RCW 46.61.520 or vehicular
assault under RCW 46.61.522. The department shall determine the eligibility of a person convicted of vehicular homicide under RCW 46.61.520(1)(a) or vehicular assault under
RCW 46.61.522(1)(b) to receive a license based upon the
report provided by the designated alcoholism treatment facility or probation department designated pursuant to RCW
9.94A.703(4)(b), and shall deny reinstatement until satisfactory progress in an approved program has been established
and the person is otherwise qualified. [2008 c 231 § 46; 2006
c 73 § 16; 2001 c 64 § 7; 2000 c 28 § 40; 1991 c 348 § 2.]
46.61.524
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
Effective date—1991 c 348: See note following RCW 46.61.520.
46.61.5249 Negligent driving—First degree. (1)(a) A
person is guilty of negligent driving in the first degree if he or
she operates a motor vehicle in a manner that is both negli46.61.5249
[Title 46 RCW—page 259]
46.61.525
Title 46 RCW: Motor Vehicles
gent and endangers or is likely to endanger any person or
property, and exhibits the effects of having consumed liquor
or an illegal drug.
(b) It is an affirmative defense to negligent driving in the
first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant
by a preponderance of the evidence, that the driver has a valid
prescription for the drug consumed, and has been consuming
it according to the prescription directions and warnings.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "Negligent" means the failure to exercise ordinary
care, and is the doing of some act that a reasonably careful
person would not do under the same or similar circumstances
or the failure to do something that a reasonably careful person
would do under the same or similar circumstances.
(b) "Exhibiting the effects of having consumed liquor"
means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(i) Is in possession of or in close proximity to a container
that has or recently had liquor in it; or
(ii) Is shown by other evidence to have recently consumed liquor.
(c) "Exhibiting the effects of having consumed an illegal
drug" means that a person by speech, manner, appearance,
behavior, lack of coordination, or otherwise exhibits that he
or she has consumed an illegal drug and either:
(i) Is in possession of an illegal drug; or
(ii) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the driver does not have a valid
prescription or that is not being consumed in accordance with
the prescription directions and warnings, or a legend drug
under chapter 69.41 RCW for which the driver does not have
a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this section. [1997 c 66 § 4.]
Criminal history and driving record: RCW 46.61.513.
46.61.525
46.61.525 Negligent driving—Second degree. (1)(a)
A person is guilty of negligent driving in the second degree if,
under circumstances not constituting negligent driving in the
first degree, he or she operates a motor vehicle in a manner
that is both negligent and endangers or is likely to endanger
any person or property.
(b) It is an affirmative defense to negligent driving in the
second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the
motor vehicle on private property with the consent of the
owner in a manner consistent with the owner’s consent.
[Title 46 RCW—page 260]
(c) Negligent driving in the second degree is a traffic
infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means
the failure to exercise ordinary care, and is the doing of some
act that a reasonably careful person would not do under the
same or similar circumstances or the failure to do something
that a reasonably careful person would do under the same or
similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this section. [1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86;
1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 §
1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]
Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs
prohibited: RCW 79A.60.040.
46.61.527 Roadway construction zones. (1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction
zone is an area where construction, repair, or maintenance
work is being conducted by public employees or private contractors, on or adjacent to any public roadway.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic
control devices.
(3) A person found to have committed any infraction
relating to speed restrictions in a roadway construction zone
shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be
waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to
endanger any persons or property, or who removes, evades,
or intentionally strikes a traffic safety or control device is
guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable
under chapter 9A.20 RCW.
(5) The department shall suspend for sixty days the
license or permit to drive or a nonresident driving privilege of
a person convicted of reckless endangerment of roadway
workers. [1994 c 141 § 1.]
46.61.527
Effective date—1994 c 141: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1994]." [1994 c 141 § 3.]
46.61.530 Racing of vehicles on highways—Reckless
driving—Exception. No person or persons may race any
motor vehicle or motor vehicles upon any public highway of
this state. Any person or persons who wilfully compare or
contest relative speeds by operation of one or more motor
vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500, whether or not such
46.61.530
(2008 Ed.)
Rules of the Road
speed is in excess of the maximum speed prescribed by law:
PROVIDED HOWEVER, That any comparison or contest of
the accuracy with which motor vehicles may be operated in
terms of relative speeds not in excess of the posted maximum
speed does not constitute racing. [1979 ex.s. c 136 § 87; 1961
c 12 § 46.48.050. Prior: 1937 c 189 § 67; RRS § 6360-67;
1921 c 96 § 32; 1915 c 142 § 25; RRS § 6344. Formerly
RCW 46.48.050.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in racing of vehicles: RCW 10.31.100.
46.61.535 Advertising of unlawful speed—Reckless
driving. It shall be unlawful for any manufacturer, dealer,
distributor, or any person, firm, or corporation to publish or
advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or
over given or designated distances upon any public highways
of this state when such published or advertised time consumed or speed attained shall indicate an average rate of
speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed
between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of
the provisions of this section shall be prima facie evidence of
reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided. [1979 ex.s. c
136 § 88; 1961 c 12 § 46.48.060. Prior: 1937 c 189 § 68;
RRS § 6360-68. Formerly RCW 46.48.060.]
46.61.535
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.540 "Drugs," what included. The word "drugs",
as used in RCW 46.61.500 through 46.61.535, shall include
but not be limited to those drugs and substances regulated by
chapters 69.41 and 69.50 RCW. [1975 1st ex.s. c 287 § 5.]
46.61.540
STOPPING, STANDING, AND PARKING
46.61.560 Stopping, standing, or parking outside
business or residence districts. (1) Outside of incorporated
cities and towns no person may stop, park, or leave standing
any vehicle, whether attended or unattended, upon the roadway.
(2) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of any vehicle that is
disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in
such position. The driver shall nonetheless arrange for the
prompt removal of the vehicle as required by RCW
46.61.590.
(3) Subsection (1) of this section does not apply to the
driver of a public transit vehicle who temporarily stops the
vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a
marked transit vehicle stop zone approved by the state
department of transportation or a county upon highways
under their respective jurisdictions.
46.61.560
(2008 Ed.)
46.61.570
(4) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge
of the right-hand shoulder of the roadway or right edge of the
roadway if no shoulder exists for the purpose of and while
actually engaged in the collection of solid waste or recyclables, or both, under chapters 81.77, 35.21, and 35A.21 RCW
or by contract under RCW 36.58.030 [36.58.040]. [1991 c
319 § 408; 1984 c 7 § 72; 1979 ex.s. c 178 § 20; 1977 c 24 §
2; 1965 ex.s. c 155 § 64.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
Limited access highways: RCW 47.52.120.
Unattended motor vehicles: RCW 46.61.600.
46.61.570 Stopping, standing, or parking prohibited
in specified places—Reserving portion of highway prohibited. (1) Except when necessary to avoid conflict with
other traffic, or in compliance with law or the directions of a
police officer or official traffic control device, no person
shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked
at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or
within thirty feet of points on the curb immediately opposite
the ends of a safety zone, unless official signs or markings
indicate a different no-parking area opposite the ends of a
safety zone;
(vi) Alongside or opposite any street excavation or
obstruction when stopping, standing, or parking would
obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway
including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger or
passengers:
(i) In front of a public or private driveway or within five
feet of the end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any flashing
signal, stop sign, yield sign, or traffic control signal located at
the side of a roadway;
(v) Within twenty feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance to
any fire station within seventy-five feet of said entrance when
properly signposted; or
(vi) At any place where official signs prohibit standing.
46.61.570
[Title 46 RCW—page 261]
46.61.575
Title 46 RCW: Motor Vehicles
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in
loading or unloading property or passengers:
(i) Within fifty feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner
provided by law at all other places except a time limit may be
imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under
his or her control into any such prohibited area or away from
a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or
attempt to reserve any portion of a highway for the purpose of
stopping, standing, or parking to the exclusion of any other
like person, nor shall any person be granted such right. [1977
ex.s. c 151 § 40; 1975 c 62 § 35; 1965 ex.s. c 155 § 66.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.575 Additional parking regulations. (1) Except
as otherwise provided in this section, every vehicle stopped
or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within
twelve inches of the right-hand curb or as close as practicable
to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance,
every vehicle stopped or parked upon a one-way roadway
shall be so stopped or parked parallel to the curb or edge of
the roadway, in the direction of authorized traffic movement,
with its right-hand wheels within twelve inches of the righthand curb or as close as practicable to the right edge of the
right-hand shoulder, or with its left-hand wheels within
twelve inches of the left-hand curb or as close as practicable
to the left edge of the left-hand shoulder.
(3) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking
shall not be permitted on any federal-aid or state highway
unless the secretary of transportation has determined by order
that the roadway is of sufficient width to permit angle parking
without interfering with the free movement of traffic.
(4) The secretary with respect to highways under his or
her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or
parking of vehicles on any highway where the secretary has
determined by order, such stopping, standing, or parking is
dangerous to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere with
the free movement of traffic thereon. No person shall stop,
stand, or park any vehicle in violation of the restrictions indicated by such devices. [1977 ex.s. c 151 § 41; 1975 c 62 § 36;
1965 ex.s. c 155 § 67.]
46.61.575
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
[Title 46 RCW—page 262]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.577 Regulations governing parking facilities.
The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other
parking facilities operated by the department of transportation, including time limits for the parking of vehicles. [1981
c 185 § 1.]
46.61.577
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.581 Parking spaces for persons with disabilities—Indication, access—Failure, penalty. A parking
space or stall for a person with a disability shall be indicated
by a vertical sign with the international symbol of access,
whose colors are white on a blue background, described
under RCW 70.92.120. The sign may include additional language such as, but not limited to, an indication of the amount
of the monetary penalty defined in RCW 46.16.381 for parking in the space without a valid permit.
Failure of the person owning or controlling the property
where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter 7.80
RCW for each parking space that should be so designated.
The person owning or controlling the property where the
required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure
to do so is a class 2 civil infraction. [2005 c 390 § 1; 1998 c
294 § 2; 1988 c 74 § 1; 1984 c 154 § 4.]
46.61.581
Intent—Application—Severability—1984 c 154: See notes following RCW 46.16.381.
Accessible parking spaces required: RCW 70.92.140.
Special parking for persons with disabilities—Unauthorized use: RCW
46.16.381.
46.61.582 Free parking for persons with disabilities.
Any person who meets the criteria for special parking privileges under RCW 46.16.381 shall be allowed free of charge
to park a vehicle being used to transport that person for
unlimited periods of time in parking zones or areas including
zones or areas with parking meters which are otherwise
restricted as to the length of time parking is permitted. This
section does not apply to those zones or areas in which the
stopping, parking, or standing of all vehicles is prohibited or
which are reserved for special types of vehicles. The person
shall obtain and display a special placard or license plate
under RCW 46.16.381 to be eligible for the privileges under
this section. [1991 c 339 § 25; 1984 c 154 § 5.]
46.61.582
Intent—Application—Severability—1984 c 154: See notes following RCW 46.16.381.
46.61.583 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to the
same overtime parking privileges granted under this chapter
to a vehicle with a similar special license plate or card issued
by this state. [1991 c 339 § 26; 1984 c 51 § 2.]
46.61.583
46.61.585 Winter recreational parking areas—Special permit required. Except when necessary to avoid con46.61.585
(2008 Ed.)
Rules of the Road
flict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no
person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless
such vehicle displays, in accordance with regulations adopted
by the parks and recreation commission, a special winter recreational area parking permit or permits. [1990 c 49 § 4;
1975 1st ex.s. c 209 § 5.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
Winter recreational parking areas: RCW 79A.05.225 through 79A.05.255.
46.61.587 Winter recreational parking areas—Penalty. Any violation of RCW 79A.05.240 or 46.61.585 or any
rule adopted by the parks and recreation commission to
enforce the provisions thereof is a civil infraction as provided
in chapter 7.84 RCW. [1999 c 249 § 501; 1984 c 258 § 329;
1977 c 57 § 1; 1975 1st ex.s. c 209 § 6.]
46.61.587
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1999 c 249: See note following RCW 79A.05.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
46.61.590 Unattended motor vehicle—Removal from
highway. It is unlawful for the operator of a vehicle to leave
the vehicle unattended within the limits of any highway
unless the operator of the vehicle arranges for the prompt
removal of the vehicle. [1979 ex.s. c 178 § 1.]
46.61.590
Severability—1979 ex.s. c 178: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 178 § 23.]
Towing and impoundment: Chapter 46.55 RCW.
MISCELLANEOUS RULES
46.61.600 Unattended motor vehicle. (1) No person
driving or in charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake
thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the
driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another vehicle
or property, or has caused injury to any person, shall comply
with the requirements of:
(a) RCW 46.52.010 if his vehicle strikes an unattended
vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his vehicle causes damage to an
attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b)
of this section shall be subject to the sanctions set forth in
RCW 46.52.020. [1980 c 97 § 2; 1965 ex.s. c 155 § 68.]
46.61.600
Effective date—1980 c 97: See note following RCW 46.52.020.
(2008 Ed.)
46.61.611
46.61.605 Limitations on backing. (1) The driver of a
vehicle shall not back the same unless such movement can be
made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon
any shoulder or roadway of any limited access highway.
[1965 ex.s. c 155 § 69.]
46.61.605
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.606 Driving on sidewalk prohibited—Exception. No person shall drive any vehicle upon a sidewalk or
sidewalk area except upon a permanent or duly authorized
temporary driveway. [1975 c 62 § 45.]
46.61.606
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.608 Operating motorcycles on roadways laned
for traffic. (1) All motorcycles are entitled to full use of a
lane and no motor vehicle shall be driven in such a manner as
to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in
a single lane.
(2) The operator of a motorcycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes
of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two
abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply
to police officers in the performance of their official duties.
[1975 c 62 § 46.]
46.61.608
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.610 Riding on motorcycles. A person operating
a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on a motorcycle
unless such motorcycle is designed to carry more than one
person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon
another seat firmly attached to the motorcycle at the rear or
side of the operator: PROVIDED, HOWEVER, That the
motorcycle must contain foot pegs, of a type approved by the
*equipment commission, for each person such motorcycle is
designed to carry. [1975 c 62 § 37; 1967 c 232 § 5; 1965 ex.s.
c 155 § 70.]
46.61.610
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser’s note: The duties of the commission on equipment were
transferred to the state patrol by 1987 c 330 (see RCW 46.37.005).
Severability—1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or
electric-assisted bicycles: RCW 46.37.530, 46.37.535.
Mopeds: RCW 46.16.630, 46.61.710, 46.61.720.
46.61.611 Motorcycles—Maximum height for handlebars. No person shall operate on a public highway a
motorcycle in which the handlebars or grips are more than
thirty inches higher than the seat or saddle for the operator.
[1999 c 275 § 1; 1967 c 232 § 6.]
46.61.611
Rules of court: Monetary penalty schedule—IRLJ 6.2.
[Title 46 RCW—page 263]
46.61.612
Title 46 RCW: Motor Vehicles
46.61.612 Riding on motorcycles—Position of feet.
No person shall ride a motorcycle in a position where both
feet are placed on the same side of the motorcycle. [1967 c
232 § 7.]
46.61.612
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.613 Motorcycles—Temporary suspension of
restrictions for parades or public demonstrations. The
provisions of RCW 46.37.530 and 46.61.610 through
46.61.612 may be temporarily suspended by the chief of the
Washington state patrol, or his designee, with respect to the
operation of motorcycles within their respective jurisdictions
in connection with a parade or public demonstration. [1967 c
232 § 8.]
46.61.613
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.614 Riding on motorcycles—Clinging to other
vehicles. No person riding upon a motorcycle shall attach
himself or the motorcycle to any other vehicle on a roadway.
[1975 c 62 § 47.]
46.61.614
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.615 Obstructions to driver’s view or driving
mechanism. (1) No person shall drive a vehicle when it is so
loaded, or when there are in the front seat such a number of
persons, exceeding three, as to obstruct the view of the driver
to the front or sides of the vehicle or as to interfere with the
driver’s control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position
as to interfere with the driver’s view ahead or to the sides, or
to interfere with his control over the driving mechanism of
the vehicle. [1965 ex.s. c 155 § 71.]
46.61.615
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.620 Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to
do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open
on the side of a vehicle adjacent to moving traffic for a period
of time longer than necessary to load or unload passengers.
[1965 ex.s. c 155 § 72.]
46.61.620
46.61.625 Riding in trailers or towed vehicles. (1) No
person or persons shall occupy any trailer while it is being
moved upon a public highway, except a person occupying a
proper position for steering a trailer designed to be steered
from a rear-end position.
(2) No person or persons may occupy a vehicle while it
is being towed by a tow truck as defined in RCW 46.55.010.
[1999 c 398 § 9; 1995 c 360 § 10; 1965 ex.s. c 155 § 73.]
46.61.625
46.61.630 Coasting prohibited. (1) The driver of any
motor vehicle when traveling upon a down grade shall not
coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. [1965 ex.s. c 155 § 74.]
46.61.630
[Title 46 RCW—page 264]
46.61.635 Following fire apparatus prohibited. The
driver of any vehicle other than one on official business shall
not follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet or stop such vehicle
within five hundred feet of any fire apparatus stopped in
answer to a fire alarm. [1975 c 62 § 38; 1965 ex.s. c 155 §
75.]
46.61.635
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.640 Crossing fire hose. No vehicle shall be
driven over any unprotected hose of a fire department when
laid down on any street, or private driveway, to be used at any
fire or alarm of fire, without the consent of the fire department official in command. [1965 ex.s. c 155 § 76.]
46.61.640
46.61.645 Throwing materials on highway prohibited—Removal. (1) Any person who drops, or permits to be
dropped or thrown, upon any highway any material shall
immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle
from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. [2003 c
337 § 5; 1965 ex.s. c 155 § 77.]
46.61.645
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—2003 c 337: See note following RCW 70.93.060.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70.93 RCW.
46.61.655 Dropping load, other materials—Covering. (1) No vehicle shall be driven or moved on any public
highway unless such vehicle is so constructed or loaded as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped
for the purpose of securing traction.
(2) No person may operate on any public highway any
vehicle with any load unless the load and such covering as
required thereon by subsection (3) of this section is securely
fastened to prevent the covering or load from becoming
loose, detached, or in any manner a hazard to other users of
the highway.
(3) Any vehicle operating on a paved public highway
with a load of dirt, sand, or gravel susceptible to being
dropped, spilled, leaked, or otherwise escaping therefrom
shall be covered so as to prevent spillage. Covering of such
loads is not required if six inches of freeboard is maintained
within the bed.
(4)(a) Any person operating a vehicle from which any
glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger
travel upon such public highway shall immediately cause the
public highway to be cleaned of all such glass or objects and
shall pay any costs therefor.
(b) Any vehicle with deposits of mud, rocks, or other
debris on the vehicle’s body, fenders, frame, undercarriage,
wheels, or tires shall be cleaned of such material before the
operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry
into effect the provisions of this section, applying such provi46.61.655
(2008 Ed.)
Rules of the Road
sions to specific conditions and loads and prescribing means,
methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit
a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
(7)(a)(i) A person is guilty of failure to secure a load in
the first degree if he or she, with criminal negligence, fails to
secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes
substantial bodily harm to another.
(ii) Failure to secure a load in the first degree is a gross
misdemeanor.
(b)(i) A person is guilty of failure to secure a load in the
second degree if he or she, with criminal negligence, fails to
secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes
damage to property of another.
(ii) Failure to secure a load in the second degree is a misdemeanor.
(c) A person who fails to secure a load or part of a load
to his or her vehicle in compliance with subsection (1), (2), or
(3) of this section is guilty of an infraction if such failure does
not amount to a violation of (a) or (b) of this subsection.
[2005 c 431 § 1; 1990 c 250 § 56; 1986 c 89 § 1; 1971 ex.s. c
307 § 22; 1965 ex.s. c 52 § 1; 1961 c 12 § 46.56.135. Prior:
1947 c 200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947
§ 6360-44, part. Formerly RCW 46.56.135.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 307: See RCW 70.93.900.
Littering: Chapter 70.93 RCW.
Transporting waste to landfills: RCW 70.93.097.
46.61.660 Carrying persons or animals on outside
part of vehicle. It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or
other outside part of any vehicle unless suitable harness, cage
or enclosure be provided and so attached as to protect such
animal from falling or being thrown therefrom. It shall be
unlawful for any person to transport any persons upon the
running board, fenders, hood or other outside part of any
vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles
that are engaged in collecting solid waste or recyclables on
route at speeds of twenty miles per hour or less. [1997 c 190
§ 1; 1961 c 12 § 46.56.070. Prior: 1937 c 189 § 115; RRS §
6360-115. Formerly RCW 46.56.070.]
46.61.660
46.61.665 Embracing another while driving. It shall
be unlawful for any person to operate a motor vehicle upon
the highways of this state when such person has in his or her
embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle
in violation of this section is prima facie evidence of reckless
driving. [1979 ex.s. c 136 § 89; 1961 c 12 § 46.56.100. Prior:
1937 c 189 § 117; RRS § 6360-117; 1927 c 309 § 49; RRS §
6362-49. Formerly RCW 46.56.100.]
46.61.665
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
(2008 Ed.)
46.61.668
46.61.667 Using a wireless communications device
while driving. (1) Except as provided in subsection (2) of
this section, a person operating a moving motor vehicle while
holding a wireless communications device to his or her ear is
guilty of a traffic infraction.
(2) Subsection (1) of this section does not apply to a person operating:
(a) An authorized emergency vehicle, or a tow truck
responding to a disabled vehicle;
(b) A moving motor vehicle using a wireless communications device in hands-free mode;
(c) A moving motor vehicle using a hand-held wireless
communications device to:
(i) Report illegal activity;
(ii) Summon medical or other emergency help;
(iii) Prevent injury to a person or property;
(d) A moving motor vehicle while using a hearing aid.
(3) Subsection (1) of this section does not restrict the
operation of an amateur radio station by a person who holds a
valid amateur radio operator license issued by the federal
communications commission.
(4) For purposes of this section, "hands-free mode"
means the use of a wireless communications device with a
speaker phone, headset, or earpiece.
(5) The state preempts the field of regulating the use of
wireless communications devices in motor vehicles, and this
section supersedes any local laws, ordinances, orders, rules,
or regulations enacted by a political subdivision or municipality to regulate the use of wireless communications devices
by the operator of a motor vehicle.
(6) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance
or some other offense.
(7) Infractions that result from the use of a wireless communications device while operating a motor vehicle under
this section shall not become part of the driver’s record under
RCW 46.52.101 and 46.52.120. Additionally, a finding that
a person has committed a traffic infraction under this section
shall not be made available to insurance companies or
employers. [2007 c 417 § 2.]
46.61.667
Intent—2007 c 417: "The use of wireless communications devices by
motorists has increased in recent years. While wireless communications
devices have assisted with quick reporting of road emergencies, their use has
also contributed to accidents and other mishaps on Washington state roadways. When motorists hold a wireless communications device in one hand
and drive with the other, their chances of becoming involved in a traffic mishap increase. It is the legislature’s intent to phase out the use of hand-held
wireless communications devices by motorists while operating a vehicle."
[2007 c 417 § 1.]
Effective date—2007 c 417: "This act takes effect July 1, 2008." [2007
c 417 § 3.]
46.61.668 Sending, reading, or writing a text message
while driving. (1) Except as provided in subsection (2) of
this section, a person operating a moving motor vehicle who,
by means of an electronic wireless communications device,
other than a voice-activated global positioning or navigation
system that is permanently affixed to the vehicle, sends,
reads, or writes a text message, is guilty of a traffic infraction.
A person does not send, read, or write a text message when he
46.61.668
[Title 46 RCW—page 265]
46.61.670
Title 46 RCW: Motor Vehicles
or she reads, selects, or enters a phone number or name in a
wireless communications device for the purpose of making a
phone call.
(2) Subsection (1) of this section does not apply to a person operating:
(a) An authorized emergency vehicle; or
(b) A moving motor vehicle while using an electronic
wireless communications device to:
(i) Report illegal activity;
(ii) Summon medical or other emergency help;
(iii) Prevent injury to a person or property; or
(iv) Relay information between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle.
(3) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance
or some other offense.
(4) Infractions under this section shall not become part of
the driver’s record under RCW 46.52.101 and 46.52.120.
Additionally, a finding that a person has committed a traffic
infraction under this section shall not be made available to
insurance companies or employers. [2007 c 416 § 1.]
Effective date—2007 c 416: "This act takes effect January 1, 2008."
[2007 c 416 § 2.]
46.61.670 Driving with wheels off roadway. It shall
be unlawful to operate or drive any vehicle or combination of
vehicles over or along any pavement or gravel or crushed
rock surface on a public highway with one wheel or all of the
wheels off the roadway thereof, except as permitted by RCW
46.61.428 or for the purpose of stopping off such roadway, or
having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof. [1977 ex.s. c 39
§ 2; 1961 c 12 § 46.56.130. Prior: 1937 c 189 § 96; RRS §
6360-96. Formerly RCW 46.56.130.]
46.61.670
46.61.675 Causing or permitting vehicle to be unlawfully operated. It shall be unlawful for the owner, or any
other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner
contrary to the law. [1961 c 12 § 46.56.200. Prior: 1937 c
189 § 148; RRS § 6360-148. Formerly RCW 46.56.200.]
46.61.675
46.61.680 Lowering passenger vehicle below legal
clearance—Penalty. It is unlawful to operate any passenger
motor vehicle which has been modified from the original
design so that any portion of such passenger vehicle other
than the wheels has less clearance from the surface of a level
roadway than the clearance between the roadway and the
lowermost portion of any rim of any wheel the tire on which
is in contact with such roadway.
Violation of the provisions of this section is a traffic
infraction. [1979 ex.s. c 136 § 90; 1961 c 151 § 1. Formerly
RCW 46.56.220.]
46.61.680
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 266]
46.61.685 Leaving children unattended in standing
vehicle with motor running—Penalty. (1) It is unlawful for
any person, while operating or in charge of a vehicle, to park
or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a
minor child or children under the age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator’s
license of such person. [2003 c 53 § 246; 1990 c 250 § 57;
1961 c 151 § 2. Formerly RCW 46.56.230.]
46.61.685
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
Leaving children unattended in parked automobile while entering tavern,
etc.: RCW 9.91.060.
46.61.687 Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—
Noncompliance not negligence—Immunity. (1) Whenever
a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is
required by RCW 46.37.510 to be equipped with a safety belt
system in a passenger seating position, or is being transported
in a neighborhood electric vehicle or medium-speed electric
vehicle that is in operation, the driver of the vehicle shall
keep the child properly restrained as follows:
(a) A child must be restrained in a child restraint system,
if the passenger seating position equipped with a safety belt
system allows sufficient space for installation, until the child
is eight years old, unless the child is four feet nine inches or
taller. The child restraint system must comply with standards
of the United States department of transportation and must be
secured in the vehicle in accordance with instructions of the
vehicle manufacturer and the child restraint system manufacturer.
(b) A child who is eight years of age or older or four feet
nine inches or taller shall be properly restrained with the
motor vehicle’s safety belt properly adjusted and fastened
around the child’s body or an appropriately fitting child
restraint system.
(c) The driver of a vehicle transporting a child who is
under thirteen years old shall transport the child in the back
seat positions in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if
the child restraint system in use is appropriate for the child’s
individual height, weight, and age. The visual inspection for
usage of a child restraint system must ensure that the child
restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers. The driver of a vehicle transporting a child who is under
thirteen years old shall transport the child in the back seat
positions in the vehicle where it is practical to do so.
(3) A person violating subsection (1) of this section may
be issued a notice of traffic infraction under chapter 46.63
RCW. If the person to whom the notice was issued presents
proof of acquisition of an approved child passenger restraint
46.61.687
(2008 Ed.)
Rules of the Road
system or a child booster seat, as appropriate, within seven
days to the jurisdiction issuing the notice and the person has
not previously had a violation of this section dismissed, the
jurisdiction shall dismiss the notice of traffic infraction.
(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles,
(b) vehicles designed to transport sixteen or less passengers,
including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing
customer shuttle service between parking, convention, and
hotel facilities, and airport terminals, and (d) school buses.
(6) As used in this section, "child restraint system"
means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R.
571.213.
(7) The requirements of subsection (1) of this section do
not apply in any seating position where there is only a lap belt
available and the child weighs more than forty pounds.
(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages
resulting from any act or omission in providing the services,
other than acts or omissions constituting gross negligence or
willful or wanton misconduct.
(b) The immunity provided in this subsection does not
apply to a certified child passenger safety technician who is
employed by a retailer of child passenger restraint systems
and who, during his or her hours of employment and while
being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems.
[2007 c 510 § 4. Prior: 2005 c 415 § 1; 2005 c 132 § 1; 2003
c 353 § 5; 2000 c 190 § 2; 1994 c 100 § 1; 1993 c 274 § 1;
1987 c 330 § 745; 1983 c 215 § 2.]
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2005 c 132 § 1: "Section 1 of this act takes effect June
1, 2007." [2005 c 132 § 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five
percent of all drivers use child booster seats for children over the age of four
years. The legislature also recognizes that seventy-one percent of deaths
resulting from car accidents could be eliminated if every child under the age
of sixteen used an appropriate child safety seat, booster seat, or seat belt. The
legislature further recognizes the National Transportation Safety Board’s
recommendations that promote the use of booster seats to increase the safety
of children under eight years of age. Therefore, it is the legislature’s intent
to decrease deaths and injuries to children by promoting safety education and
injury prevention measures, as well as increasing public awareness on ways
to maximize the protection of children in vehicles." [2000 c 190 § 1.]
Short title—2000 c 190: "This act may be known and cited as the
Anton Skeen Act." [2000 c 190 § 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [2000
c 190 § 6.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
(2008 Ed.)
46.61.688
46.61.6871 Child passenger safety technician—
Immunity. A person who has a current national certification
as a child passenger safety technician and who in good faith
provides inspection, adjustment, or educational services
regarding child passenger restraint systems is not liable for
civil damages resulting from any act or omission in providing
the services, other than acts or omissions constituting gross
negligence or willful or wanton misconduct. [2005 c 132 §
2.]
46.61.6871
46.61.688 Safety belts, use required—Penalties—
Exemptions. (1) For the purposes of this section, the term
"motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power,
except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor
vehicles with motive power, except trailers, designed to carry
ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle
whose speed attainable in one mile is more than twenty miles
per hour and not more than twenty-five miles per hour and
conforms to federal regulations under 49 C.F.R. Sec.
571.500;
(d) "Medium-speed electric vehicle" meaning a self-propelled, electrically powered four-wheeled motor vehicle,
equipped with a roll cage or crush-proof body design, whose
speed attainable in one mile is more than thirty miles per hour
but not more than thirty-five miles per hour and otherwise
meets or exceeds the federal regulations set forth in 49 C.F.R.
Sec. 571.500;
(e) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten passengers
or less; and
(f) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet
the manual seat belt safety standards as set forth in federal
motor vehicle safety standard 208 and to neighborhood electric vehicles and medium-speed electric vehicles. This section does not apply to a vehicle occupant for whom no safety
belt is available when all designated seating positions as
required by federal motor vehicle safety standard 208 are
occupied.
(3) Every person sixteen years of age or older operating
or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all
child passengers under the age of sixteen years are either: (a)
Wearing a safety belt assembly or (b) are securely fastened
into an approved child restraint device.
(5) A person violating this section shall be issued a
notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this
section shall be contained in the driver’s abstract but shall not
be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a
46.61.688
[Title 46 RCW—page 267]
46.61.6885
Title 46 RCW: Motor Vehicles
safety belt assembly be admissible as evidence of negligence
in any civil action.
(7) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety
belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators
or occupants of farm vehicles, construction equipment, and
vehicles that are required to make frequent stops from the
requirement of wearing safety belts. [2007 c 510 § 5; 2003 c
353 § 4; 2002 c 328 § 2; (2002 c 328 § 1 expired July 1,
2002); 2000 c 190 § 3; 1990 c 250 § 58; 1986 c 152 § 1.]
Effective date—2007 c 510: See note following RCW 46.04.320.
Effective date—2003 c 353: See note following RCW 46.04.320.
Expiration date—2002 c 328 § 1: "Section 1 of this act expires July 1,
2002." [2002 c 328 § 3.]
Effective date—2002 c 328 § 2: "Section 2 of this act takes effect July
1, 2002." [2002 c 328 § 4.]
Intent—Short title—Effective date—2000 c 190: See notes following
RCW 46.61.687.
Severability—1990 c 250: See note following RCW 46.16.301.
Study of effectiveness—1986 c 152: "The traffic safety commission
shall undertake a study of the effectiveness of section 1 of this act and shall
report its finding to the legislative transportation committee by January 1,
1989." [1986 c 152 § 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.
46.61.6885 Child restraints, seatbelts—Educational
campaign. The traffic safety commission shall conduct an
educational campaign using all available methods to raise
public awareness of the importance of properly restraining
child passengers and the value of seatbelts to adult motorists.
The traffic safety commission shall report to the transportation committees of the legislature on the campaign and
results observed on the highways. The first report is due
December 1, 2000, and annually thereafter. [2000 c 190 § 4.]
46.61.6885
Intent—Short title—Effective date—2000 c 190: See notes following
RCW 46.61.687.
46.61.690 Violations relating to toll facilities. Any
person who uses a toll bridge, toll tunnel, toll road, or toll
ferry, and the approaches thereto, operated by the state of
Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll
facilities, or an entity operating a toll facility under a contract
with the department of transportation, a political subdivision,
or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and
vehicular traffic that it is entering a toll facility or its
approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction
if:
(1) The person does not pay, refuses to pay, evades, or
attempts to evade the payment of such tolls, or uses or
attempts to use any spurious, counterfeit, or stolen ticket,
coupon, token, or electronic device for payment of any such
tolls, or
(2) The person turns, or attempts to turn, the vehicle
around in the bridge, tunnel, loading terminal, approach, or
46.61.690
[Title 46 RCW—page 268]
toll plaza where signs have been erected forbidding such
turns, or
(3) The person refuses to move a vehicle through the toll
facility after having come within the area where signs have
been erected notifying traffic that it is entering the area where
toll is collectible or where vehicles may not turn around and
where vehicles are required to pass through the toll facility
for the purpose of collecting tolls. [2004 c 231 § 1; 1983 c
247 § 1; 1979 ex.s. c 136 § 91; 1961 c 259 § 1. Formerly
RCW 46.56.240.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1961 c 259: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 259 § 2.]
Toll collection systems—Photo enforcement systems: RCW 46.63.160.
46.61.700 Parent or guardian shall not authorize or
permit violation by a child or ward. The parent of any
child and the guardian of any ward shall not authorize or
knowingly permit any such child or ward to violate any of the
provisions of this chapter. [1965 ex.s. c 155 § 78.]
46.61.700
Reviser’s note: This section was enacted just before sections about the
operation of bicycles and play vehicles and was accordingly so codified in
1965. Other sections enacted later have been codified under the numbers
remaining between RCW 46.61.700 and 46.61.750. The section appears in
the Uniform Vehicle Code (1962) as part of the first section of Article XII—
Operation of Bicycles and Play Vehicles.
Captions used herein, not part of the law: RCW 46.61.990.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024.
46.61.710 Mopeds, EPAMDs, electric-assisted bicycles, motorized foot scooters—General requirements and
operation. (1) No person shall operate a moped upon the
highways of this state unless the moped has been assigned a
moped registration number and displays a moped permit in
accordance with the provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a moped
may not be operated on a bicycle path or trail, bikeway,
equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive
mobility device, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a
moped or an electric-assisted bicycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control
device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not
apply to electric-assisted bicycles. Electric-assisted bicycles
and motorized foot scooters may have access to highways of
the state to the same extent as bicycles. Subject to subsection
(6) of this section, electric-assisted bicycles and motorized
foot scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit
the access of electric-assisted bicycles and motorized foot
scooters, and state agencies may regulate the use of motorized foot scooters on facilities and properties under their
jurisdiction and control.
(6) Subsections (1) and (4) of this section do not apply to
motorized foot scooters. Subsection (2) of this section
applies to motorized foot scooters when the bicycle path,
46.61.710
(2008 Ed.)
Rules of the Road
trail, bikeway, equestrian trail, or hiking or recreational trail
was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or
readily identifiable existing trail or bicycle path not built or
maintained with federal highway transportation funds may be
used by persons operating motorized foot scooters only when
appropriately signed.
(7) A person operating an electric personal assistive
mobility device (EPAMD) shall obey all speed limits and
shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except
for the limitations of this subsection, persons operating an
EPAMD have all the rights and duties of a pedestrian.
(8) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation
may prohibit the operation of an EPAMD on public highways
within their respective jurisdictions where the speed limit is
greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD
in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between
pedestrians or nonmotorized traffic and EPAMD operators.
The areas in this subsection must be designated by the city
engineer or designee of the municipality. Municipalities
shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the
operation of an EPAMD within the boundaries of any area
used for recreation, open space, habitat, trails, or conservation purposes. [2003 c 353 § 10; 2002 c 247 § 7; 1997 c 328
§ 5; 1979 ex.s. c 213 § 8.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.61.720 Mopeds—Safety standards. Mopeds shall
comply with those federal motor vehicle safety standards
established under the national traffic vehicle safety act of
1966 (15 U.S.C. Sec. 1381, et seq.) which are applicable to a
motor-driven cycle, as that term is defined in such federal
standards. [1979 ex.s. c 213 § 9.]
46.61.725
(c) The person does not operate a medium-speed electric
vehicle upon a highway of this state without first obtaining a
valid driver’s license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a medium-speed electric
vehicle subject to registration under chapter 46.16 RCW on a
highway of this state unless the person is insured under a
motor vehicle liability policy in compliance with chapter
46.30 RCW; and
(e) The person operating a medium-speed electric vehicle does not cross a roadway with a speed limit in excess of
thirty-five miles per hour, unless the crossing begins and ends
on a roadway with a speed limit of thirty-five miles per hour
or less and occurs at an intersection of approximately ninety
degrees, except that the operator of a medium-speed electric
vehicle must not cross an uncontrolled intersection of streets
and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with
respect to streets and highways under their jurisdiction and
within the reasonable exercise of their police power, from
regulating the operation of medium-speed electric vehicles
on streets and highways under their jurisdiction by resolution
or ordinance of the governing body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of
medium-speed electric vehicles on streets and highways that
are part of the state highway system subject to Title 47 RCW;
(b) Local authorities may not prohibit the operation of
medium-speed electric vehicles upon highways of this state
having a speed limit of thirty-five miles per hour or less; and
(c) Local authorities may not establish requirements for
the registration and licensing of medium-speed electric vehicles. [2007 c 510 § 3.]
46.61.720
Mopeds
drivers’ licenses, motorcycle endorsement, moped exemption: RCW
46.20.500.
registration: RCW 46.16.630.
46.61.723 Medium-speed electric vehicles. (1) Except
as provided in subsection (3) of this section, a person may
operate a medium-speed electric vehicle upon a highway of
this state having a speed limit of thirty-five miles per hour or
less if:
(a) The person does not operate a medium-speed electric
vehicle upon state highways that are listed in chapter 47.17
RCW;
(b) The person does not operate a medium-speed electric
vehicle upon a highway of this state without first having
obtained and having in full force and effect a current and
proper vehicle license and display vehicle license number
plates in compliance with chapter 46.16 RCW;
46.61.723
(2008 Ed.)
Effective date—2007 c 510: See note following RCW 46.04.320.
46.61.725 Neighborhood electric vehicles. (1) Absent
prohibition by local authorities authorized under this section
and except as prohibited elsewhere in this section, a person
may operate a neighborhood electric vehicle upon a highway
of this state having a speed limit of thirty-five miles per hour
or less if:
(a) The person does not operate a neighborhood electric
vehicle upon state highways that are listed in chapter 47.17
RCW;
(b) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first having
obtained and having in full force and effect a current and
proper vehicle license and display vehicle license number
plates in compliance with chapter 46.16 RCW;
(c) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first obtaining a
valid driver’s license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a neighborhood electric
vehicle subject to registration under chapter 46.16 RCW on a
highway of this state unless the person is insured under a
46.61.725
[Title 46 RCW—page 269]
46.61.730
Title 46 RCW: Motor Vehicles
motor vehicle liability policy in compliance with chapter
46.30 RCW; and
(e) The person operating a neighborhood electric vehicle
does not cross a roadway with a speed limit in excess of
thirty-five miles per hour, unless the crossing begins and ends
on a roadway with a speed limit of thirty-five miles per hour
or less and occurs at an intersection of approximately ninety
degrees, except that the operator of a neighborhood electric
vehicle must not cross an uncontrolled intersection of streets
and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with
respect to streets and highways under their jurisdiction and
within the reasonable exercise of their police power, from
regulating the operation of neighborhood electric vehicles on
streets and highways under their jurisdiction by resolution or
ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of
neighborhood electric vehicles on streets and highways that
are part of the state highway system subject to the provisions
of Title 47 RCW;
(b) Local authorities may not prohibit the operation of
neighborhood electric vehicles upon highways of this state
having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any
requirements for the registration and licensing of neighborhood electric vehicles. [2003 c 353 § 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.61.730 Wheelchair conveyances. (1) No person
may operate a wheelchair conveyance on any public roadway
with a posted speed limit in excess of thirty-five miles per
hour.
(2) No person other than a wheelchair-bound person may
operate a wheelchair conveyance on a public roadway.
(3) Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights and
is subject to all the duties applicable to the driver of a vehicle
by this chapter, except those provisions that by their nature
can have no application.
(4) A violation of this section is a traffic infraction.
[1983 c 200 § 5.]
46.61.730
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definitions: RCW 46.04.710.
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
safety standards: RCW 46.37.610.
46.61.735 Ferry queues—Violations—Exemptions.
(1) It is a traffic infraction for a driver of a motor vehicle
intending to board a Washington state ferry, to: (a) Block a
residential driveway while waiting to board the ferry; or (b)
move in front of another vehicle in a queue already waiting to
board the ferry, without the authorization of a state ferry system employee. Vehicles qualifying for preferential loading
privileges under rules adopted by the department of transpor46.61.735
[Title 46 RCW—page 270]
tation are exempt from this section. In addition to any other
penalty imposed for a violation of this section, the driver will
be directed to immediately move the motor vehicle to the end
of the queue of vehicles waiting to board the ferry. Violations of this section are not part of the vehicle driver’s driving
record under RCW 46.52.101 and 46.52.120.
(2) Subsection (1) of this section does not apply to a
driver of a motor vehicle intending to board the Keller Ferry
on state route No. 21. [2007 c 423 § 1.]
46.61.740 Theft of motor vehicle fuel. (1) Any person
who refuses to pay or evades payment for motor vehicle fuel
that is pumped into a motor vehicle is guilty of theft of motor
vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the
person’s license, permit, or nonresident privilege to drive for
a period specified by the court of up to six months. [2001 c
325 § 1.]
46.61.740
OPERATION OF NONMOTORIZED VEHICLES
46.61.750 Effect of regulations—Penalty. (1) It is a
traffic infraction for any person to do any act forbidden or fail
to perform any act required in RCW 46.61.750 through
46.61.780.
(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any
bicycle path, subject to those exceptions stated herein. [1982
c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 § 79.]
46.61.750
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Bicycle awareness program: RCW 43.43.390.
"Bicycle" defined: RCW 46.04.071.
46.61.755 Traffic laws apply to persons riding bicycles. (1) Every person riding a bicycle upon a roadway shall
be granted all of the rights and shall be subject to all of the
duties applicable to the driver of a vehicle by this chapter,
except as to special regulations in RCW 46.61.750 through
46.61.780 and except as to those provisions of this chapter
which by their nature can have no application.
(2) Every person riding a bicycle upon a sidewalk or
crosswalk must be granted all of the rights and is subject to all
of the duties applicable to a pedestrian by this chapter. [2000
c 85 § 3; 1965 ex.s. c 155 § 80.]
46.61.755
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.758 Hand signals. All hand signals required of
persons operating bicycles shall be given in the following
manner:
(1) Left turn. Left hand and arm extended horizontally
beyond the side of the bicycle;
(2) Right turn. Left hand and arm extended upward
beyond the side of the bicycle, or right hand and arm
extended horizontally to the right side of the bicycle;
(3) Stop or decrease speed. Left hand and arm extended
downward beyond the side of the bicycle.
46.61.758
(2008 Ed.)
Rules of the Road
The hand signals required by this section shall be given
before initiation of a turn. [1982 c 55 § 8.]
46.61.760 Riding on bicycles. (1) A person propelling
a bicycle shall not ride other than upon or astride a permanent
and regular seat attached thereto.
(2) No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped.
[1965 ex.s. c 155 § 81.]
46.61.990
dry, level, clean pavement. [1998 c 165 § 17; 1987 c 330 §
746; 1975 c 62 § 39; 1965 ex.s. c 155 § 85.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.760
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.765 Clinging to vehicles. No person riding upon
any bicycle, coaster, roller skates, sled or toy vehicle shall
attach the same or himself to any vehicle upon a roadway.
[1965 ex.s. c 155 § 82.]
46.61.765
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.770 Riding on roadways and bicycle paths. (1)
Every person operating a bicycle upon a roadway at a rate of
speed less than the normal flow of traffic at the particular
time and place shall ride as near to the right side of the right
through lane as is safe except as may be appropriate while
preparing to make or while making turning movements, or
while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle
upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride
as near to the left side of the left through lane as is safe. A
person operating a bicycle upon a roadway may use the
shoulder of the roadway or any specially designated bicycle
lane if such exists.
(2) Persons riding bicycles upon a roadway shall not ride
more than two abreast except on paths or parts of roadways
set aside for the exclusive use of bicycles. [1982 c 55 § 7;
1974 ex.s. c 141 § 14; 1965 ex.s. c 155 § 83.]
46.61.770
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Use of bicycles on limited-access highways: RCW 46.61.160.
46.61.775 Carrying articles. No person operating a
bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars. [1965 ex.s. c 155 § 84.]
46.61.775
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.780 Lamps and other equipment on bicycles.
(1) Every bicycle when in use during the hours of darkness as
defined in RCW 46.37.020 shall be equipped with a lamp on
the front which shall emit a white light visible from a distance
of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which
shall be visible from all distances up to six hundred feet to the
rear when directly in front of lawful lower beams of head
lamps on a motor vehicle. A lamp emitting a red light visible
from a distance of five hundred feet to the rear may be used
in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the
rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which
will enable the operator to make the braked wheels skid on
46.61.780
(2008 Ed.)
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.790 Intoxicated bicyclists. (1) A law enforcement officer may offer to transport a bicycle rider who
appears to be under the influence of alcohol or any drug and
who is walking or moving along or within the right-of-way of
a public roadway, unless the bicycle rider is to be taken into
protective custody under RCW 70.96A.120. The law
enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place;
or
(b) Release the intoxicated bicycle rider to a competent
person.
(2) The law enforcement officer shall not provide the
assistance offered if the bicycle rider refuses to accept it. No
suit or action may be commenced or prosecuted against the
law enforcement officer, law enforcement agency, the state
of Washington, or any political subdivision of the state for
any act resulting from the refusal of the bicycle rider to
accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer
determines that impoundment is necessary to reduce a threat
to public safety, and there are no reasonable alternatives to
impoundment. The bicyclist will be given a written notice of
when and where the impounded bicycle may be reclaimed.
The bicycle may be reclaimed by the bicycle rider when the
bicycle rider no longer appears to be intoxicated, or by an
individual who can establish ownership of the bicycle. The
bicycle must be returned without payment of a fee. If the
bicycle is not reclaimed within thirty days, it will be subject
to sale or disposal consistent with agency procedures. [2000
c 85 § 4.]
46.61.790
46.61.990 Recodification of sections—Organization
of chapter—Construction. Sections 1 through 52 and 54
through 86 of chapter 155, Laws of 1965 ex. sess. are added
to chapter 12, Laws of 1961 and shall constitute a new chapter in Title 46 of the Revised Code of Washington and sections 54, 55, and 63 as herein amended and RCW 46.48.012,
46.48.014, 46.48.015, 46.48.016, 46.48.023, 46.48.025,
46.48.026, 46.48.041, 46.48.046, 46.48.050, 46.48.060,
46.48.080, 46.48.110, 46.48.120, 46.48.150, 46.48.160,
46.48.340, 46.56.030, 46.56.070, 46.56.100, 46.56.130,
46.56.135, 46.56.190, 46.56.200, 46.56.210, 46.56.220,
46.56.230, 46.56.240, 46.60.260, 46.60.270, 46.60.330, and
46.60.340 shall be recodified as and be a part of said chapter.
The sections of the new chapter shall be organized under the
following captions: "OBEDIENCE TO AND EFFECT OF
TRAFFIC LAWS", "TRAFFIC SIGNS, SIGNALS AND
MARKINGS", "DRIVING ON RIGHT SIDE OF ROADWAY—OVERT AKING AND PASSING—USE OF
ROADWAY", "RIGHT-OF-WAY", "PEDESTRIANS’
46.61.990
[Title 46 RCW—page 271]
46.61.991
Title 46 RCW: Motor Vehicles
RIGHTS AND DUTIES", "TURNING AND STARTING
AND SIGNALS ON STOPPING AND TURNING", "SPECIAL STOPS REQUIRED", "SPEED RESTRICTIONS",
"RECKLESS DRIVING, DRIVING WHILE UNDER THE
INFLUENCE OF INTOXICATING LIQUOR OR ANY
DRUG, AND NEGLIGENT HOMICIDE BY VEHICLE",
"STOPPING, STANDING AND PARKING", "MISCELLANEOUS RULES", and "OPERATION OF NONMOTORIZED VEHICLES". Such captions shall not constitute
any part of the law. [1991 c 290 § 5; 1991 c 214 § 3; 1965
ex.s. c 155 § 92.]
Reviser’s note: This section was amended by 1991 c 214 § 3 and by
1991 c 290 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
46.61.991 Severability—1965 ex.s. c 155. If any provision of this amendatory act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 155 § 93.]
46.61.991
Chapter 46.63 RCW
DISPOSITION OF TRAFFIC INFRACTIONS
Chapter 46.63
Sections
46.63.010
46.63.020
46.63.030
46.63.040
46.63.050
46.63.060
46.63.070
46.63.073
46.63.075
46.63.080
46.63.090
46.63.100
46.63.105
46.63.110
46.63.120
46.63.130
46.63.140
46.63.151
46.63.160
46.63.170
Legislative intent.
Violations as traffic infractions—Exceptions.
Notice of traffic infraction—Issuance—Abandoned vehicles.
Jurisdiction of courts—Jurisdiction of college and university
governing bodies.
Training of judicial officers.
Notice of traffic infraction—Determination final unless contested—Form.
Response to notice—Contesting determination—Hearing—
Failure to respond or appear.
Rental vehicles.
Toll evasion—Presumption.
Hearings—Rules of procedure—Counsel.
Hearings—Contesting determination that infraction committed—Appeal.
Hearings—Explanation of mitigating circumstances.
City attorney, county prosecutor, or other prosecuting authority—Filing an infraction—Contribution, donation, payment.
Monetary penalties.
Order of court—Civil nature—Waiver, reduction, suspension
of penalty—Community restitution.
Issue of process by court of limited jurisdiction.
Presumption regarding stopped, standing, or parked vehicles.
Costs and attorney fees.
Toll collection systems—Photo enforcement systems.
Automated traffic safety cameras—Definition.
Additional statutory assessments: RCW 3.62.090, 46.64.055.
Traffic and civil infraction cases involving juveniles under age sixteen:
RCW 13.40.250.
46.63.010 Legislative intent. It is the legislative intent
in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic
infractions. [1979 ex.s. c 136 § 1.]
46.63.010
Effective date—1979 ex.s. c 136: "The provisions of chapter 136,
Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1, 1981,
and shall apply to violations of the traffic laws committed on or after January
1, 1981." [1980 c 128 § 9; 1979 ex.s. c 136 § 111.]
Severability—1979 ex.s. c 136: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 46 RCW—page 272]
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 136 § 110.]
46.63.020 Violations as traffic infractions—Exceptions. (Effective until January 1, 2009.) Failure to perform
any act required or the performance of any act prohibited by
this title or an equivalent administrative regulation or local
law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian
offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of
an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway
vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor
or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle
has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to the nonpayment of taxes
and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(7) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing
false information in conjunction with an application for a
special placard or license plate for disabled persons’ parking;
(10) RCW 46.20.005 relating to driving without a valid
driver’s license;
(11) RCW 46.20.091 relating to false statements regarding a driver’s license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver’s license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor
vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver’s
license;
(16) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a
license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person
to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver’s
licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence
of financial responsibility;
46.63.020
(2008 Ed.)
Disposition of Traffic Infractions
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile
home pilot vehicles;
(24) RCW 46.48.175 relating to the transportation of
dangerous articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(26) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(28) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an
employer, and an alcohol/drug assessment or treatment
agency;
(29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration
certificate;
(30) RCW 46.55.035 relating to prohibited practices by
tow truck operators;
(31) RCW 46.61.015 relating to obedience to police
officers, flaggers, or firefighters;
(32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons
under the influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age
twenty-one driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by
motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent
driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(42) RCW 46.61.530 relating to racing of vehicles on
highways;
(43) RCW 46.61.655(7) (a) and (b) relating to failure to
secure a load;
(44) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(45) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(46) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
(47) RCW 46.64.010 relating to unlawful cancellation of
or attempt to cancel a traffic citation;
(48) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(49) Chapter 46.65 RCW relating to habitual traffic
offenders;
(50) RCW 46.68.010 relating to false statements made to
obtain a refund;
(2008 Ed.)
46.63.020
(51) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(52) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(53) RCW 46.72A.060 relating to limousine carrier
insurance;
(54) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(55) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(56) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(57) Chapter 46.82 RCW relating to driver’s training
schools;
(58) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority
issued under chapter 46.87 RCW;
(59) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW. [2005
c 431 § 2; 2005 c 323 § 3; 2005 c 183 § 10; 2004 c 95 § 14;
2003 c 33 § 4; 2001 c 325 § 4; 1999 c 86 § 6; 1998 c 294 § 3.
Prior: 1997 c 229 § 13; 1997 c 66 § 8; prior: 1996 c 307 § 6;
1996 c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996 c 31 § 3;
prior: 1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995 c 256 §
25; prior: 1994 c 275 § 33; 1994 c 141 § 2; 1993 c 501 § 8;
1992 c 32 § 4; 1991 c 339 § 27; prior: 1990 c 250 § 59; 1990
c 95 § 3; prior: 1989 c 353 § 8; 1989 c 178 § 27; 1989 c 111
§ 20; prior: 1987 c 388 § 11; 1987 c 247 § 6; 1987 c 244 §
55; 1987 c 181 § 2; 1986 c 186 § 3; prior: 1985 c 377 § 28;
1985 c 353 § 2; 1985 c 302 § 7; 1983 c 164 § 6; 1982 c 10 §
12; prior: 1981 c 318 § 2; 1981 c 19 § 1; 1980 c 148 § 7; 1979
ex.s. c 136 § 2.]
Reviser’s note: This section was amended by 2005 c 183 § 10, 2005 c
323 § 3, and by 2005 c 431 § 2, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Declaration and intent—Effective date—Application—2005 c 323:
See notes following RCW 46.16.010.
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 16 § 2.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Severability—Effective date—1985 c 377: See RCW 46.55.900 and
46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 19 § 7.]
Effective date—1980 c 148: See note following RCW 46.10.090.
[Title 46 RCW—page 273]
46.63.020
Title 46 RCW: Motor Vehicles
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.020 Violations as traffic infractions—Exceptions. (Effective January 1, 2009.) Failure to perform any
act required or the performance of any act prohibited by this
title or an equivalent administrative regulation or local law,
ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as
a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation,
or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway
vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor
or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle
has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to the nonpayment of taxes
and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(7) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing
false information in conjunction with an application for a
special placard or license plate for disabled persons’ parking;
(10) RCW 46.20.005 relating to driving without a valid
driver’s license;
(11) RCW 46.20.091 relating to false statements regarding a driver’s license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver’s license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor
vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver’s license, temporary restricted
driver’s license, or ignition interlock driver’s license;
(16) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a
license notation that the device is required;
(17) RCW 46.20.750 relating to circumventing an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver’s
licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence
of financial responsibility;
46.63.020
[Title 46 RCW—page 274]
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
(24) RCW 46.44.180 relating to operation of mobile
home pilot vehicles;
(25) RCW 46.48.175 relating to the transportation of
dangerous articles;
(26) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(27) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(28) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(29) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an
employer, and an alcohol/drug assessment or treatment
agency;
(30) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration
certificate;
(31) RCW 46.55.035 relating to prohibited practices by
tow truck operators;
(32) RCW 46.55.300 relating to vehicle immobilization;
(33) RCW 46.61.015 relating to obedience to police
officers, flaggers, or firefighters;
(34) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(35) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(36) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(37) RCW 46.61.500 relating to reckless driving;
(38) RCW 46.61.502 and 46.61.504 relating to persons
under the influence of intoxicating liquor or drugs;
(39) RCW 46.61.503 relating to a person under age
twenty-one driving a motor vehicle after consuming alcohol;
(40) RCW 46.61.520 relating to vehicular homicide by
motor vehicle;
(41) RCW 46.61.522 relating to vehicular assault;
(42) RCW 46.61.5249 relating to first degree negligent
driving;
(43) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(44) RCW 46.61.530 relating to racing of vehicles on
highways;
(45) RCW 46.61.655(7) (a) and (b) relating to failure to
secure a load;
(46) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(47) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(48) RCW 46.64.010 relating to unlawful cancellation of
or attempt to cancel a traffic citation;
(49) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(50) Chapter 46.65 RCW relating to habitual traffic
offenders;
(2008 Ed.)
Disposition of Traffic Infractions
(51) RCW 46.68.010 relating to false statements made to
obtain a refund;
(52) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(53) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(54) RCW 46.72A.060 relating to limousine carrier
insurance;
(55) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(56) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(57) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(58) Chapter 46.82 RCW relating to driver’s training
schools;
(59) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority
issued under chapter 46.87 RCW;
(60) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW. [2008
c 282 § 11. Prior: 2005 c 431 § 2; 2005 c 323 § 3; 2005 c 183
§ 10; 2004 c 95 § 14; 2003 c 33 § 4; 2001 c 325 § 4; 1999 c
86 § 6; 1998 c 294 § 3; prior: 1997 c 229 § 13; 1997 c 66 §
8; prior: 1996 c 307 § 6; 1996 c 287 § 7; 1996 c 93 § 3; 1996
c 87 § 21; 1996 c 31 § 3; prior: 1995 1st sp.s. c 16 § 1; 1995
c 332 § 16; 1995 c 256 § 25; prior: 1994 c 275 § 33; 1994 c
141 § 2; 1993 c 501 § 8; 1992 c 32 § 4; 1991 c 339 § 27; prior:
1990 c 250 § 59; 1990 c 95 § 3; prior: 1989 c 353 § 8; 1989
c 178 § 27; 1989 c 111 § 20; prior: 1987 c 388 § 11; 1987 c
247 § 6; 1987 c 244 § 55; 1987 c 181 § 2; 1986 c 186 § 3;
prior: 1985 c 377 § 28; 1985 c 353 § 2; 1985 c 302 § 7; 1983
c 164 § 6; 1982 c 10 § 12; prior: 1981 c 318 § 2; 1981 c 19 §
1; 1980 c 148 § 7; 1979 ex.s. c 136 § 2.]
Effective date—2008 c 282: See note following RCW 46.20.308.
Declaration and intent—Effective date—Application—2005 c 323:
See notes following RCW 46.16.010.
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 16 § 2.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Severability—Effective date—1985 c 377: See RCW 46.55.900 and
46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 19 § 7.]
Effective date—1980 c 148: See note following RCW 46.10.090.
(2008 Ed.)
46.63.040
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.030 Notice of traffic infraction—Issuance—
Abandoned vehicles. (1) A law enforcement officer has the
authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer’s
presence;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction
was committed;
(c) If an officer investigating at the scene of a motor
vehicle accident has reasonable cause to believe that the
driver of a motor vehicle involved in the accident has committed a traffic infraction;
(d) When the infraction is detected through the use of a
photo enforcement system under RCW 46.63.160; or
(e) When the infraction is detected through the use of an
automated traffic safety camera under RCW 46.63.170.
(2) A court may issue a notice of traffic infraction upon
receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked,
standing, or stopped in violation of this title or an equivalent
administrative regulation or local law, ordinance, regulation,
or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle
under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an
officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction
by certified mail to the last known address of the person
responsible under RCW 46.55.105. The notice must be entitled "Littering—Abandoned Vehicle" and give notice of the
monetary penalty. The officer shall append to the notice of
infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a
result of removing, storing, and disposing of the abandoned
vehicle, less any amount realized at auction, and a statement
that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable
under this chapter has been paid and the court is satisfied that
the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle. [2007 c 101 §
1; 2005 c 167 § 2; 2004 c 231 § 2; 2002 c 279 § 14; 1995 c
219 § 5; 1994 c 176 § 3; 1987 c 66 § 2; 1980 c 128 § 10; 1979
ex.s. c 136 § 3.]
46.63.030
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.040 Jurisdiction of courts—Jurisdiction of college and university governing bodies. (1) All violations of
state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard
46.63.040
[Title 46 RCW—page 275]
46.63.050
Title 46 RCW: Motor Vehicles
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
that the person may subpoena witnesses including the officer
who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the
commission of the infraction the person will be deemed to
have committed the infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within fifteen days or the
person’s driver’s license or driving privilege will be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing
requested for the purpose of contesting the determination or
for the purpose of explaining mitigating circumstances will
result in the suspension of the person’s driver’s license or
driving privilege, or in the case of a standing, stopping, or
parking violation, refusal of the department to renew the
vehicle license, until any penalties imposed pursuant to this
chapter have been satisfied. [2006 c 270 § 2; 1993 c 501 § 9;
1984 c 224 § 2; 1982 1st ex.s. c 14 § 2; 1980 c 128 § 1; 1979
ex.s. c 136 § 8.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—Effective date—1984 c 224: See notes following RCW
46.16.216.
and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and
determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract
with the county to have traffic infractions committed within
the city or town adjudicated by a district court.
(4) District court commissioners have the authority to
hear and determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may refer juveniles
age sixteen or seventeen who are enrolled in school to a youth
court, as defined in RCW 3.72.005 or 13.40.020, for traffic
infractions.
(6) The boards of regents of the state universities, and the
boards of trustees of the regional universities and of The
Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560. [2002 c 237
§ 20; 1984 c 258 § 137; 1983 c 221 § 2; 1979 ex.s. c 136 § 6.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
46.63.050 Training of judicial officers. All judges and
court commissioners adjudicating traffic infractions shall
complete such training requirements as are promulgated by
the supreme court. [1979 ex.s. c 136 § 7.]
46.63.050
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.060 Notice of traffic infraction—Determination final unless contested—Form. (1) A notice of traffic
infraction represents a determination that an infraction has
been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination
that a traffic infraction has been committed by the person
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction; that the penalty for a traffic infraction may include
sanctions against the person’s driver’s license including suspension, revocation, or denial; that the penalty for a traffic
infraction related to standing, stopping, or parking may
include nonrenewal of the vehicle license;
(c) A statement of the specific traffic infraction for
which the notice was issued;
(d) A statement of the monetary penalty established for
the traffic infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and
46.63.060
[Title 46 RCW—page 276]
Effective date—1982 1st ex.s. c 14: "This act shall take effect on July
1, 1984, and shall apply to violations of traffic laws committed on or after
July 1, 1984." [1982 1st ex.s. c 14 § 7.]
Severability—1982 1st ex.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 14 § 6.]
Effective date—1980 c 128: "Sections 1 through 8 and 10 through 16
of this act shall take effect on January 1, 1981, and shall apply to violations
of the traffic laws committed on or after January 1, 1981. Section 9 of this
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1980 c 128 § 18.]
Severability—1980 c 128: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1980 c 128 § 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.070 Response to notice—Contesting determination—Hearing—Failure to respond or appear. (1) Any
person who receives a notice of traffic infraction shall
respond to such notice as provided in this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the
infraction does not contest the determination the person shall
respond by completing the appropriate portion of the notice
of infraction and submitting it, either by mail or in person, to
the court specified on the notice. A check or money order in
the amount of the penalty prescribed for the infraction must
be submitted with the response. When a response which does
not contest the determination is received, an appropriate
order shall be entered in the court’s records, and a record of
the response and order shall be furnished to the department in
accordance with RCW 46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person
shall respond by completing the portion of the notice of
46.63.070
(2008 Ed.)
Disposition of Traffic Infractions
infraction requesting a hearing and submitting it, either by
mail or in person, to the court specified on the notice. The
court shall notify the person in writing of the time, place, and
date of the hearing, and that date shall not be sooner than
seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing
of the time, place, and date of the hearing.
(5)(a) Except as provided in (b) and (c) of this subsection, in hearings conducted pursuant to subsections (3) and
(4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its
order, for up to one year and impose conditions upon the
defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral
period the defendant has met all conditions and has not been
determined to have committed another traffic infraction, the
court may dismiss the infraction.
(b) A person may not receive more than one deferral
within a seven-year period for traffic infractions for moving
violations and more than one deferral within a seven-year
period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver’s
license or who was operating a commercial motor vehicle at
the time of the violation may not receive a deferral under this
section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other
penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to
respond to the notice of infraction or to appear at a requested
hearing. [2006 c 327 § 7; 2004 c 187 § 10; 2000 c 110 § 1;
1993 c 501 § 10; 1984 c 224 § 3; 1982 1st ex.s. c 14 § 3; 1980
c 128 § 2; 1979 ex.s. c 136 § 9.]
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Severability—Effective date—1984 c 224: See notes following RCW
46.16.216.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.073 Rental vehicles. (1) In the event a traffic
infraction is based on a vehicle’s identification, and the registered owner of the vehicle is a rental car business, the law
enforcement agency shall, before a notice of infraction may
be issued, provide a written notice to the rental car business
46.63.073
(2008 Ed.)
46.63.075
that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of
receiving the written notice, provide to the issuing agency by
return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time
the infraction occurred because the vehicle was stolen at the
time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police
report regarding the vehicle theft.
Timely mailing of this statement to the issuing law
enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of
identifying the vehicle operator, the rental car business may
pay the applicable penalty. For the purpose of this subsection, a "traffic infraction based on a vehicle’s identification"
includes, but is not limited to, parking infractions, high occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
(2) In the event a parking infraction is issued by a private
parking facility and is based on a vehicle’s identification, and
the registered owner of the vehicle is a rental car business, the
parking facility shall, before a notice of infraction may be
issued, provide a written notice to the rental car business that
a notice of infraction may be issued to the rental car business
if the rental car business does not, within thirty days of
receiving the written notice, provide to the parking facility by
return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time
the infraction occurred because the vehicle was stolen at the
time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police
report regarding the vehicle theft.
Timely mailing of this statement to the parking facility
relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable
penalty. For the purpose of this subsection, a "parking infraction based on a vehicle’s identification" is limited to parking
infractions occurring on a private parking facility’s premises.
[2007 c 372 § 1; 2005 c 331 § 2.]
46.63.075 Toll evasion—Presumption. (1) In a traffic
infraction case involving an infraction detected through the
use of a photo enforcement system under RCW 46.63.160, or
detected through the use of an automated traffic safety camera under RCW 46.63.170, proof that the particular vehicle
described in the notice of traffic infraction was in violation of
any such provision of RCW 46.63.160 or 46.63.170, together
with proof that the person named in the notice of traffic
infraction was at the time of the violation the registered
owner of the vehicle, constitutes in evidence a prima facie
presumption that the registered owner of the vehicle was the
46.63.075
[Title 46 RCW—page 277]
46.63.080
Title 46 RCW: Motor Vehicles
person in control of the vehicle at the point where, and for the
time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the
court or in testimony before the court that the vehicle
involved was, at the time, stolen or in the care, custody, or
control of some person other than the registered owner.
[2005 c 167 § 3; 2004 c 231 § 3.]
46.63.080 Hearings—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided for in
this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter
may be represented by counsel.
(3) The attorney representing the state, county, city, or
town may appear in any proceedings under this chapter but
need not appear, notwithstanding any statute or rule of court
to the contrary. [1981 c 19 § 2; 1979 ex.s. c 136 § 10.]
46.63.080
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.090 Hearings—Contesting determination that
infraction committed—Appeal. (1) A hearing held for the
purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction
and any other written report made under oath submitted by
the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer’s personal appearance at the hearing. The person
named in the notice may subpoena witnesses, including the
officer, and has the right to present evidence and examine
witnesses present in court.
(3) The burden of proof is upon the state to establish the
commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the
court shall determine whether the infraction was committed.
Where it has not been established that the infraction was
committed an order dismissing the notice shall be entered in
the court’s records. Where it has been established that the
infraction was committed an appropriate order shall be
entered in the court’s records. A record of the court’s determination and order shall be furnished to the department in
accordance with RCW 46.20.270 as now or hereafter
amended.
(5) An appeal from the court’s determination or order
shall be to the superior court. The decision of the superior
court is subject only to discretionary review pursuant to Rule
2.3 of the Rules of Appellate Procedure. [1980 c 128 § 3;
1979 ex.s. c 136 § 11.]
46.63.090
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.100 Hearings—Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing
a person to explain mitigating circumstances surrounding the
commission of an infraction shall be an informal proceeding.
46.63.100
[Title 46 RCW—page 278]
The person may not subpoena witnesses. The determination
that an infraction has been committed may not be contested at
a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an
appropriate order shall be entered in the court’s records. A
record of the court’s determination and order shall be furnished to the department in accordance with RCW 46.20.270
as now or hereafter amended.
(3) There may be no appeal from the court’s determination or order. [1979 ex.s. c 136 § 12.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.105 City attorney, county prosecutor, or other
prosecuting authority—Filing an infraction—Contribution, donation, payment. A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or
agree not to file an infraction in exchange for a contribution,
donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific
fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by
any other statute. [2007 c 367 § 2.]
46.63.105
46.63.110 Monetary penalties. (1) A person found to
have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty
dollars for each offense unless authorized by this chapter or
title.
(2) The monetary penalty for a violation of (a) RCW
46.55.105(2) is two hundred fifty dollars for each offense; (b)
RCW 46.61.210(1) is five hundred dollars for each offense.
No penalty assessed under this subsection (2) may be
reduced.
(3) The supreme court shall prescribe by rule a schedule
of monetary penalties for designated traffic infractions. This
rule shall also specify the conditions under which local courts
may exercise discretion in assessing fines and penalties for
traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for
inflation.
(4) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction except
where the infraction relates to parking as defined by local
law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local
legislative body may set a monetary penalty not to exceed
twenty-five dollars for failure to respond to a notice of traffic
infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a
municipal, police, or district court, shall impose the monetary
penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70
RCW which are civil in nature and penalties which may be
assessed for violations of chapter 46.44 RCW relating to size,
46.63.110
(2008 Ed.)
Disposition of Traffic Infractions
weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be
imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment,
or other monetary obligation is imposed by a court under this
chapter it is immediately payable. If the court determines, in
its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the
later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a
payment plan with the person, unless the person has previously been granted a payment plan with respect to the same
monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the
court may, at its discretion, implement a payment plan. If the
court has notified the department that the person has failed to
pay or comply and the person has subsequently entered into a
payment plan and made an initial payment, the court shall
notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the
person’s driver’s license or driver’s privilege based on failure
to respond to that infraction. "Payment plan," as used in this
section, means a plan that requires reasonable payments
based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to
the payments required under the payment plan.
(a) If a payment required to be made under the payment
plan is delinquent or the person fails to complete a community restitution program on or before the time established
under the payment plan, unless the court determines good
cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court shall notify the
department of the person’s failure to meet the conditions of
the plan, and the department shall suspend the person’s
driver’s license or driving privilege until all monetary obligations, including those imposed under subsections (3) and (4)
of this section, have been paid, and court authorized community restitution has been completed, or until the department
has been notified that the court has entered into a new time
payment or community restitution agreement with the person.
(b) If a person has not entered into a payment plan with
the court and has not paid the monetary obligation in full on
or before the time established for payment, the court shall
notify the department of the delinquency. The department
shall suspend the person’s driver’s license or driving privilege until all monetary obligations have been paid, including
those imposed under subsections (3) and (4) of this section,
or until the person has entered into a payment plan under this
section.
(c) If the payment plan is to be administered by the court,
the court may assess the person a reasonable administrative
fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per
infraction or twenty-five dollars per payment plan, whichever
is less.
(d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan
system. When outside entities are used for the administration
of a payment plan, the court may assess the person a reason(2008 Ed.)
46.63.110
able fee for such administrative services, which fee may be
calculated on a periodic, percentage, or other basis.
(e) If a court authorized community restitution program
for offenders is available in the jurisdiction, the court may
allow conversion of all or part of the monetary obligations
due under this section to court authorized community restitution in lieu of time payments if the person is unable to make
reasonable time payments.
(7) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction shall be assessed:
(a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from
this fee shall be forwarded to the state treasurer for deposit in
the emergency medical services and trauma care system trust
account under RCW 70.168.040;
(b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from
this fee shall be forwarded to the state treasurer for deposit in
the Washington auto theft prevention authority account; and
(c) A fee of two dollars per infraction. Revenue from
this fee shall be forwarded to the state treasurer for deposit in
the traumatic brain injury account established in RCW
74.31.060.
(8)(a) In addition to any other penalties imposed under
this section and not subject to the limitation of subsection (1)
of this section, a person found to have committed a traffic
infraction other than of RCW 46.61.527 shall be assessed an
additional penalty of twenty dollars. The court may not
reduce, waive, or suspend the additional penalty unless the
court finds the offender to be indigent. If a court authorized
community restitution program for offenders is available in
the jurisdiction, the court shall allow offenders to offset all or
a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) Eight dollars and fifty cents of the additional penalty
under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty
must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82,
and 35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW
43.08.250. The balance of the revenue received by the
county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys
retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW
43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person
for any penalty imposed by the court under this section, the
court may, at its discretion, enter into a payment plan.
(10) The monetary penalty for violating RCW 46.37.395
is: (a) Two hundred fifty dollars for the first violation; (b)
five hundred dollars for the second violation; and (c) seven
hundred fifty dollars for each violation thereafter. [2007 c
356 § 8; 2007 c 199 § 28. Prior: 2005 c 413 § 2; 2005 c 320
§ 2; 2005 c 288 § 8; 2003 c 380 § 2. Prior: 2002 c 279 § 15;
2002 c 175 § 36; 2001 c 289 § 2; 1997 c 331 § 3; 1993 c 501
§ 11; 1986 c 213 § 2; 1984 c 258 § 330; prior: 1982 1st ex.s.
[Title 46 RCW—page 279]
46.63.120
Title 46 RCW: Motor Vehicles
c 14 § 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981
c 330 § 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 §
13.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser’s note: This section was amended by 2007 c 199 § 28 and by
2007 c 356 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Short title—2007 c 356: See note following RCW 74.31.005.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Additional statutory assessments: RCW 3.62.090, 46.64.055.
46.63.120 Order of court—Civil nature—Waiver,
reduction, suspension of penalty—Community restitution. (1) An order entered after the receipt of a response
which does not contest the determination, or after it has been
established at a hearing that the infraction was committed, or
after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may include in the order the imposition of
any penalty authorized by the provisions of this chapter for
the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person’s request the court
may order performance of a number of hours of community
restitution in lieu of a monetary penalty, at the rate of the then
state minimum wage per hour. [2002 c 175 § 37; 1979 ex.s.
c 136 § 14.]
46.63.120
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.130 Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, a court of limited
jurisdiction having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. [1980 c
128 § 5.]
46.63.130
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
46.63.140 Presumption regarding stopped, standing,
or parked vehicles. (1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relat46.63.140
[Title 46 RCW—page 280]
ing to the stopping, standing, or parking of a vehicle, proof
that the particular vehicle described in the notice of traffic
infraction was stopping, standing, or parking in violation of
any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice
of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a
prima facie presumption that the registered owner of the
vehicle was the person who parked or placed the vehicle at
the point where, and for the time during which, the violation
occurred.
(2) The foregoing stated presumption shall apply only
when the procedure prescribed in RCW 46.63.030(3) has
been followed. [1980 c 128 § 11.]
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
46.63.151 Costs and attorney fees. Each party to a
traffic infraction case is responsible for costs incurred by that
party. No costs or attorney fees may be awarded to either
party in a traffic infraction case, except as provided for in
RCW 46.30.020(2). [1991 sp.s. c 25 § 3; 1981 c 19 § 4.]
46.63.151
Severability—1981 c 19: See note following RCW 46.63.020.
46.63.160 Toll collection systems—Photo enforcement systems. (1) This section applies only to infractions
issued under RCW 46.61.690 for toll collection evasion.
(2) Nothing in this section prohibits a law enforcement
officer from issuing a notice of traffic infraction to a person
in control of a vehicle at the time a violation occurs under
RCW 46.63.030(1) (a), (b), or (c).
(3) Toll collection systems include manual cash collection, electronic toll collection, and photo enforcement systems.
(4) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the
account of the toll patron the appropriate toll or charge by
electronic transmission from the motor vehicle to the toll collection system, which information is used to charge the
appropriate toll or charge to the patron’s account.
(5) "Photo enforcement system" means a vehicle sensor
installed to work in conjunction with an electronic toll collection system that automatically produces one or more photographs, one or more microphotographs, a videotape, or other
recorded images of a vehicle operated in violation of an
infraction under this chapter.
(6) The use of a toll collection system is subject to the
following requirements:
(a) The department of transportation shall adopt rules
that allow an open standard for automatic vehicle identification transponders used for electronic toll collection to be
compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to
the extent that technology permits. The rules must also allow
for multiple vendors providing electronic payment devices or
transponders as technology permits.
(b) The department of transportation may not sell, distribute, or make available in any way, the names and
46.63.160
(2008 Ed.)
Disposition of Traffic Infractions
addresses of electronic toll collection system account holders.
(7) The use of a photo enforcement system for issuance
of notices of infraction is subject to the following requirements:
(a) Photo enforcement systems may take photographs,
digital photographs, microphotographs, videotapes, or other
recorded images of the vehicle and vehicle license plate only.
(b) A notice of infraction must be mailed to the registered owner of the vehicle or to the renter of a vehicle within
sixty days of the violation. The law enforcement officer issuing the notice of infraction shall include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape, or other recorded images produced by a photo enforcement system, stating the facts supporting the notice of infraction. This certificate or facsimile
is prima facie evidence of the facts contained in it and is
admissible in a proceeding charging a violation under this
chapter. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the
violation must be available for inspection and admission into
evidence in a proceeding to adjudicate the liability for the
infraction.
(c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape,
or other recorded images prepared under this chapter are for
the exclusive use of the tolling agency and law enforcement
in the discharge of duties under this section and are not open
to the public and may not be used in a court in a pending
action or proceeding unless the action or proceeding relates
to a violation under this chapter. No photograph, digital photograph, microphotograph, videotape, or other recorded
image may be used for any purpose other than enforcement of
violations under this chapter nor retained longer than necessary to enforce this chapter or verify that tolls are paid.
(d) All locations where a photo enforcement system is
used must be clearly marked by placing signs in locations that
clearly indicate to a driver that he or she is entering a zone
where traffic laws are enforced by a photo enforcement system.
(8) Infractions detected through the use of photo enforcement systems are not part of the registered owner’s driving
record under RCW 46.52.101 and 46.52.120. Additionally,
infractions generated by the use of photo enforcement systems under this section shall be processed in the same manner
as parking infractions, including for the purposes of RCW
*3.46.120, 3.50.100, 35.20.220, 46.16.216, and
46.20.270(3).
(9) The penalty for an infraction detected through the use
of a photo enforcement system shall be forty dollars plus an
additional toll penalty. The toll penalty is equal to three times
the cash toll for a standard passenger car during peak hours.
Any reduction in the total penalty imposed shall be made proportionally between the forty-dollar penalty and the toll penalty. The court shall remit the toll penalty to the department
of transportation or a private entity under contract with the
department of transportation for deposit in the statewide
account in which tolls are deposited for the tolling facility at
which the violation occurred.
(10) If the registered owner of the vehicle is a rental car
business the department of transportation or a law enforce(2008 Ed.)
46.63.170
ment agency shall, before a notice of infraction being issued
under this section, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental
car business if the rental car business does not, within eighteen days of the mailing of the written notice, provide to the
issuing agency by return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time
the infraction occurred because the vehicle was stolen at the
time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police
report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental
car business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing law
enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. [2007 c
372 § 2; 2007 c 101 § 2; 2004 c 231 § 6.]
Reviser’s note: *(1) RCW 3.46.120 was repealed by 2008 c 227 § 12,
effective July 1, 2008.
(2) This section was amended by 2007 c 101 § 2 and by 2007 c 372 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
46.63.170 Automated traffic safety cameras—Definition. (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following
requirements:
(a) The appropriate local legislative authority must first
enact an ordinance allowing for their use to detect one or
more of the following: Stoplight, railroad crossing, or school
speed zone violations. At a minimum, the local ordinance
must contain the restrictions described in this section and
provisions for public notice and signage. Cities and counties
using automated traffic safety cameras before July 24, 2005,
are subject to the restrictions described in this section, but are
not required to enact an authorizing ordinance.
(b) Use of automated traffic safety cameras is restricted
to two-arterial intersections, railroad crossings, and school
speed zones only.
(c) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while
an infraction is occurring. The picture must not reveal the
face of the driver or of passengers in the vehicle.
(d) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of
establishing the renter’s name and address under subsection
(3)(a) of this section. The law enforcement officer issuing
the notice of infraction shall include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima
facie evidence of the facts contained in it and is admissible in
a proceeding charging a violation under this chapter. The
photographs, microphotographs, or electronic images evi46.63.170
[Title 46 RCW—page 281]
Chapter 46.64
Title 46 RCW: Motor Vehicles
dencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic
safety camera may respond to the notice by mail.
(e) The registered owner of a vehicle is responsible for
an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075,
or, in the case of a rental car business, satisfies the conditions
under subsection (3) of this section. If appropriate under the
circumstances, a renter identified under subsection (3)(a) of
this section is responsible for an infraction.
(f) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared
under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not
open to the public and may not be used in a court in a pending
action or proceeding unless the action or proceeding relates
to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose
other than enforcement of violations under this section nor
retained longer than necessary to enforce this section.
(g) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering
a zone where traffic laws are enforced by an automated traffic
safety camera.
(h) If a county or city has established an authorized automated traffic safety camera program under this section, the
compensation paid to the manufacturer or vendor of the
equipment used must be based only upon the value of the
equipment and services provided or rendered in support of
the system, and may not be based upon a portion of the fine
or civil penalty imposed or the revenue generated by the
equipment.
(2) Infractions detected through the use of automated
traffic safety cameras are not part of the registered owner’s
driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic
safety cameras under this section shall be processed in the
same manner as parking infractions, including for the purposes of RCW *3.46.120, 3.50.100, 35.20.220, 46.16.216,
and 46.20.270(3). However, the amount of the fine issued for
an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued
for other parking infractions within the jurisdiction.
(3) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction being issued under this section, provide a written
notice to the rental car business that a notice of infraction
may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written
notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time
the infraction occurred because the vehicle was stolen at the
time of the infraction. A statement provided under this sub[Title 46 RCW—page 282]
section must be accompanied by a copy of a filed police
report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental
car business may pay the applicable penalty.
Timely mailing of this statement to the issuing law
enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement
officer from issuing a notice of traffic infraction to a person
in control of a vehicle at the time a violation occurs under
RCW 46.63.030(1) (a), (b), or (c).
(5) For the purposes of this section, "automated traffic
safety camera" means a device that uses a vehicle sensor
installed to work in conjunction with an intersection traffic
control system, a railroad grade crossing control system, or a
speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady
red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. [2007 c 372 §
3; 2005 c 167 § 1.]
*Reviser’s note: RCW 3.46.120 was repealed by 2008 c 227 § 12,
effective July 1, 2008.
Chapter 46.64
Chapter 46.64 RCW
ENFORCEMENT
Sections
46.64.010
46.64.015
46.64.018
46.64.025
46.64.030
46.64.035
46.64.040
46.64.048
46.64.050
46.64.055
46.64.060
46.64.070
Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit.
Citation and notice to appear in court—Issuance—Contents—
Arrest—Detention.
Arrest without warrant for certain traffic offenses.
Failure to appear—Notice to department.
Procedure governing arrest and prosecution.
Posting of security or bail by nonresident—Penalty.
Nonresident’s use of highways—Resident leaving state—Secretary of state as attorney-in-fact.
Attempting, aiding, abetting, coercing, committing violations,
punishable.
General penalty.
Additional monetary penalty.
Stopping motor vehicles for driver’s license check, vehicle
inspection and test—Purpose.
Stopping motor vehicles for driver’s license check, vehicle
inspection and test—Authorized—Powers additional.
46.64.010 Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit. (1) Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which
shall be issued in books with citations in quadruplicate and
meeting the requirements of this section, or issued by an electronic device capable of producing a printed copy and electronic copies of the citations. The chief administrative officer
of every such traffic enforcement agency shall be responsible
for the issuance of such books or electronic devices and shall
maintain a record of every such book and each citation contained therein and every such electronic device issued to individual members of the traffic enforcement agency and shall
require and retain a receipt for every book and electronic
device so issued.
46.64.010
(2008 Ed.)
Enforcement
(2) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the
motor vehicle laws of this state or of any traffic ordinance of
any city or town shall deposit the original or a printed or electronic copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic
violations bureau. Upon the deposit of the original or a copy
of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations
bureau as aforesaid, the original or copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the
bail or by the deposit of sufficient bail with or payment of a
fine to the traffic violations bureau by the person to whom
such traffic citation has been issued by the traffic enforcement officer.
(3) It shall be unlawful and official misconduct for any
traffic enforcement officer or other officer or public
employee to dispose of a traffic citation or copies thereof or
of the record of the issuance of the same in a manner other
than as required in this section.
(4) The chief administrative officer of every traffic
enforcement agency shall require the return to him or her of a
printed or electronic copy of every traffic citation issued by
an officer under his or her supervision to an alleged violator
of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry
has been made and not issued to an alleged violator. Such
chief administrative officer shall also maintain or cause to be
maintained in connection with every traffic citation issued by
an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau
in which the original or copy of the traffic citation was deposited.
(5) Any person who cancels or solicits the cancellation
of any traffic citation, in any manner other than as provided
in this section, is guilty of a misdemeanor.
(6) Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer
of the government agency to which the traffic enforcement
agency is responsible. [2004 c 43 § 4; 2003 c 53 § 247; 1961
c 12 § 46.64.010. Prior: 1949 c 196 § 16; 1937 c 189 § 145;
Rem. Supp. 1949 § 6360-145.]
Effective date—2004 c 43: See note following RCW 7.80.150.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.64.015 Citation and notice to appear in court—
Issuance—Contents—Arrest—Detention. Whenever any
person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her
a traffic citation and notice to appear in court. Such citation
and notice shall conform to the requirements of RCW
46.64.010, and in addition, shall include spaces for the name
and address of the person arrested, the license number of the
vehicle involved, the driver’s license number of such person,
if any, the offense or violation charged, and the time and
place where such person shall appear in court. Such spaces
shall be filled with the appropriate information by the arresting officer. An officer may not serve or issue any traffic cita46.64.015
(2008 Ed.)
46.64.035
tion or notice for any offense or violation except either when
the offense or violation is committed in his or her presence or
when a person may be arrested pursuant to RCW 10.31.100,
as now or hereafter amended. The detention arising from an
arrest under this section may not be for a period of time
longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply
under any of the following circumstances:
(1) Where the arresting officer has probable cause to
believe that the arrested person has committed any of the
offenses enumerated in RCW 10.31.100(3);
(2) When the arrested person is a nonresident and is
being detained for a hearing under RCW 46.64.035. [2006 c
270 § 3; 2004 c 43 § 5; 1987 c 345 § 2; 1985 c 303 § 11; 1979
ex.s. c 28 § 2; 1975-’76 2nd ex.s. c 95 § 2; 1975 c 56 § 1;
1967 c 32 § 70; 1961 c 12 § 46.64.015. Prior: 1951 c 175 §
1.]
Effective date—2004 c 43: See note following RCW 7.80.150.
46.64.018 Arrest without warrant for certain traffic
offenses. See RCW 10.31.100.
46.64.018
46.64.025 Failure to appear—Notice to department.
Whenever any person served with a traffic citation willfully
fails to appear for a scheduled court hearing, the court in
which the defendant failed to appear shall promptly give
notice of such fact to the department of licensing. Whenever
thereafter the case in which the defendant failed to appear is
adjudicated, the court hearing the case shall promptly file
with the department a certificate showing that the case has
been adjudicated. [2006 c 270 § 4; 1999 c 86 § 7; 1979 c 158
§ 175; 1967 c 32 § 71; 1965 ex.s. c 121 § 23.]
46.64.025
Severability—1965 ex.s. c 121: See RCW 46.20.910.
Purpose—Construction—1965 ex.s. c 121: See note following RCW
46.20.021.
46.64.030 Procedure governing arrest and prosecution. The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all
police officers in making arrests without a warrant for violations of this title for offenses either committed in their presence or believed to have been committed based on probable
cause pursuant to RCW 10.31.100, but the procedure prescribed herein shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a
person for other like offenses. [1979 ex.s. c 28 § 3; 1975 c 56
§ 2; 1967 c 32 § 72; 1961 c 12 § 46.64.030. Prior: 1937 c 189
§ 147; RRS § 6360-147.]
46.64.030
46.64.035 Posting of security or bail by nonresident—Penalty. Any nonresident of the state of Washington
who is issued a notice of infraction or a citation for a traffic
offense may be required to post either a bond or cash security
in the amount of the infraction penalty or to post bail. The
court shall by January 1, 1990, accept, in lieu of bond or cash
security, valid major credit cards issued by a bank or other
financial institution or automobile club card guaranteed by an
insurance company licensed to conduct business in the state.
If payment is made by credit card the court is authorized to
impose, in addition to any penalty or fine, an amount equal to
46.64.035
[Title 46 RCW—page 283]
46.64.040
Title 46 RCW: Motor Vehicles
the charge to the court for accepting such cards. If the person
cannot post the bond, cash security, or bail, he or she shall be
taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply
with this section, he or she shall be guilty of a misdemeanor.
This section does not apply to residents of states that have
entered into a reciprocal agreement as outlined in RCW
46.23.020. [1987 c 345 § 3.]
46.64.040 Nonresident’s use of highways—Resident
leaving state—Secretary of state as attorney-in-fact. The
acceptance by a nonresident of the rights and privileges conferred by law in the use of the public highways of this state,
as evidenced by his or her operation of a vehicle thereon, or
the operation thereon of his or her vehicle with his or her consent, express or implied, shall be deemed equivalent to and
construed to be an appointment by such nonresident of the
secretary of state of the state of Washington to be his or her
true and lawful attorney upon whom may be served all lawful
summons and processes against him or her growing out of
any accident, collision, or liability in which such nonresident
may be involved while operating a vehicle upon the public
highways, or while his or her vehicle is being operated
thereon with his or her consent, express or implied, and such
operation and acceptance shall be a signification of the nonresident’s agreement that any summons or process against
him or her which is so served shall be of the same legal force
and validity as if served on the nonresident personally within
the state of Washington. Likewise each resident of this state
who, while operating a motor vehicle on the public highways
of this state, is involved in any accident, collision, or liability
and thereafter at any time within the following three years
cannot, after a due and diligent search, be found in this state
appoints the secretary of state of the state of Washington as
his or her lawful attorney for service of summons as provided
in this section for nonresidents. Service of such summons or
process shall be made by leaving two copies thereof with a
fee established by the secretary of state by rule with the secretary of state of the state of Washington, or at the secretary
of state’s office, and such service shall be sufficient and valid
personal service upon said resident or nonresident: PROVIDED, That notice of such service and a copy of the summons or process is forthwith sent by registered mail with
return receipt requested, by plaintiff to the defendant at the
last known address of the said defendant, and the plaintiff’s
affidavit of compliance herewith are appended to the process,
together with the affidavit of the plaintiff’s attorney that the
attorney has with due diligence attempted to serve personal
process upon the defendant at all addresses known to him or
her of defendant and further listing in his or her affidavit the
addresses at which he or she attempted to have process
served. However, if process is forwarded by registered mail
and defendant’s endorsed receipt is received and entered as a
part of the return of process then the foregoing affidavit of
plaintiff’s attorney need only show that the defendant
received personal delivery by mail: PROVIDED FURTHER, That personal service outside of this state in accordance with the provisions of law relating to personal service
of summons outside of this state shall relieve the plaintiff
from mailing a copy of the summons or process by registered
mail as hereinbefore provided. The secretary of state shall
46.64.040
[Title 46 RCW—page 284]
forthwith send one of such copies by mail, postage prepaid,
addressed to the defendant at the defendant’s address, if
known to the secretary of state. The court in which the action
is brought may order such continuances as may be necessary
to afford the defendant reasonable opportunity to defend the
action. The fee paid by the plaintiff to the secretary of state
shall be taxed as part of his or her costs if he or she prevails
in the action. The secretary of state shall keep a record of all
such summons and processes, which shall show the day of
service. [2003 c 223 § 1; 1993 c 269 § 16; 1982 c 35 § 197;
1973 c 91 § 1; 1971 ex.s. c 69 § 1; 1961 c 12 § 46.64.040.
Prior: 1959 c 121 § 1; 1957 c 75 § 1; 1937 c 189 § 129; RRS
§ 6360-129.]
Rules of court: Cf. CR 12(a).
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of fees in secretary of state’s revolving fund: RCW 43.07.130.
46.64.048 Attempting, aiding, abetting, coercing,
committing violations, punishable. Every person who
commits, attempts to commit, conspires to commit, or aids or
abets in the commission of any act declared by this title to be
a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent,
or accessory, shall be guilty of such offense, and every person
who falsely, fraudulently, forcefully, or willfully induces,
causes, coerces, requires, permits or directs others to violate
any provisions of this title is likewise guilty of such offense.
[1990 c 250 § 60; 1961 c 12 § 46.56.210. Prior: 1937 c 189 §
149; RRS § 6360-149. Formerly RCW 46.61.695.]
46.64.048
Severability—1990 c 250: See note following RCW 46.16.301.
46.64.050 General penalty. It is a traffic infraction for
any person to violate any of the provisions of this title unless
violation is by this title or other law of this state declared to
be a felony, a gross misdemeanor, or a misdemeanor.
Unless another penalty is in this title provided, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished accordingly. [1979 ex.s. c
136 § 93; 1975-’76 2nd ex.s. c 95 § 3; 1961 c 12 § 46.64.050.
Prior: (i) 1937 c 189 § 150; RRS § 6360-150; 1927 c 309 §
53; RRS § 6362-53. (ii) 1937 c 188 § 82; RRS § 6312-82;
1921 c 108 § 16; RRS § 6378.]
46.64.050
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.64.055 Additional monetary penalty. (1) In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or
felony, the court shall impose an additional penalty of fifty
dollars. The court may not reduce, waive, or suspend the
additional penalty unless the court finds the offender to be
indigent. If a community restitution program for offenders is
available in the jurisdiction, the court shall allow offenders to
offset all or a part of the penalty due under this section by participation in the community restitution program.
(2) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20
RCW. Money remitted under this section to the state trea46.64.055
(2008 Ed.)
Washington Habitual Traffic Offenders Act
surer must be deposited as provided in RCW 43.08.250. The
balance of the revenue received by the county or city treasurer under this section must be deposited into the county or
city current expense fund. Moneys retained by the city or
county under this subsection shall constitute reimbursement
for any liabilities under RCW 43.135.060. [2002 c 175 § 38;
2001 c 289 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Additional statutory assessments: RCW 3.62.090.
46.64.060 Stopping motor vehicles for driver’s
license check, vehicle inspection and test—Purpose. The
purpose of RCW 46.64.060 and 46.64.070 is to provide for
the exercise of the police power of this state to protect the
health and safety of its citizens by assuring that only qualified
drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this state. [1967 c
144 § 1.]
46.64.060
Severability—1967 c 144: "If any provision, clause or word of this act
or application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this act which
can be given effect without the invalid provision of application, and to this
end the provisions of this act are declared to be severable." [1967 c 144 § 3.]
46.64.070 Stopping motor vehicles for driver’s
license check, vehicle inspection and test—Authorized—
Powers additional. To carry out the purpose of RCW
46.64.060 and 46.64.070, officers of the Washington state
patrol are hereby empowered during daylight hours and while
using plainly marked state patrol vehicles to require the
driver of any motor vehicle being operated on any highway of
this state to stop and display his or her driver’s license and/or
to submit the motor vehicle being driven by such person to an
inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed
by chapter 46.37 RCW, as now or hereafter amended. No
criminal citation shall be issued for a period of ten days after
giving a warning ticket pointing out the defect.
The powers conferred by RCW 46.64.060 and 46.64.070
are in addition to all other powers conferred by law upon such
officers, including but not limited to powers conferred upon
them as police officers pursuant to RCW 46.20.349 and powers conferred by chapter 46.32 RCW. [1999 c 6 § 26; 1973
2nd ex.s. c 22 § 1; 1967 c 144 § 2.]
46.65.100
46.65.900
46.65.910
46.65.020
Seven-year petition for license restoration—Reinstatement of
driving privilege.
Construction—Chapter supplemental.
Short title.
46.65.010 State policy enunciated. It is hereby
declared to be the policy of the state of Washington:
(1) To provide maximum safety for all persons who
travel or otherwise use the public highways of this state; and
(2) To deny the privilege of operating motor vehicles on
such highways to persons who by their conduct and record
have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state, the
orders of her courts and the statutorily required acts of her
administrative agencies; and
(3) To discourage repetition of criminal acts by individuals against the peace and dignity of the state and her political
subdivisions and to impose increased and added deprivation
of the privilege to operate motor vehicles upon habitual
offenders who have been convicted repeatedly of violations
of traffic laws. [1971 ex.s. c 284 § 3.]
46.65.010
Severability—1971 ex.s. c 284: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 284 § 17.]
46.64.070
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1967 c 144: See note following RCW 46.64.060.
Chapter 46.65
Chapter 46.65 RCW
WASHINGTON HABITUAL TRAFFIC
OFFENDERS ACT
Sections
46.65.010
46.65.020
46.65.030
46.65.060
46.65.065
46.65.070
46.65.080
(2008 Ed.)
State policy enunciated.
Habitual offender defined.
Transcript or abstract of conviction record certified—As prima
facie evidence.
Department findings—Revocation of license—Stay by department.
Revocation of habitual offender’s license—Request for hearing, scope—Right to appeal.
Period during which habitual offender not to be issued license.
Four-year petition for license restoration—Reinstatement of
driving privilege.
46.65.020 Habitual offender defined. As used in this
chapter, unless a different meaning is plainly required by the
context, an habitual offender means any person, resident or
nonresident, who has accumulated convictions or findings
that the person committed a traffic infraction as defined in
RCW 46.20.270, or, if a minor, has violations recorded with
the department of licensing, for separate and distinct offenses
as described in either subsection (1) or (2) below committed
within a five-year period, as evidenced by the records maintained in the department of licensing: PROVIDED, That
where more than one described offense is committed within a
six-hour period such multiple offenses shall, on the first such
occasion, be treated as one offense for the purposes of this
chapter:
(1) Three or more convictions, singularly or in combination, of the following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
(c) Driving or operating a motor vehicle while under the
influence of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked as
defined in RCW 46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an
accident resulting in the injury or death of any person or damage to any vehicle which is driven or attended by any person
to immediately stop such vehicle at the scene of such accident
or as close thereto as possible and to forthwith return to and
in every event remain at, the scene of such accident until he
has fulfilled the requirements of RCW 46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug as
defined in RCW 46.61.504; or
(h) Attempting to elude a pursuing police vehicle as
defined in RCW 46.61.024;
46.65.020
[Title 46 RCW—page 285]
46.65.030
Title 46 RCW: Motor Vehicles
(2) Twenty or more convictions or findings that the person committed a traffic infraction for separate and distinct
offenses, singularly or in combination, in the operation of a
motor vehicle that are required to be reported to the department of licensing other than the offenses of driving with an
expired driver’s license and not having a driver’s license in
the operator’s immediate possession. Such convictions or
findings shall include those for offenses enumerated in subsection (1) of this section when taken with and added to those
offenses described herein but shall not include convictions or
findings for any nonmoving violation. No person may be
considered an habitual offender under this subsection unless
at least three convictions have occurred within the three hundred sixty-five days immediately preceding the last conviction.
The offenses included in subsections (1) and (2) of this
section are deemed to include offenses under any valid town,
city, or county ordinance substantially conforming to the provisions cited in subsections (1) and (2) or amendments
thereto, and any federal law, or any law of another state,
including subdivisions thereof, substantially conforming to
the aforesaid state statutory provisions. [1991 c 293 § 7;
1983 c 164 § 7; 1981 c 188 § 1; 1979 ex.s. c 136 § 94; 1979 c
62 § 1; 1971 ex.s. c 284 § 4.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: "If any provision of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1979 c 62 § 8.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.030 Transcript or abstract of conviction record
certified—As prima facie evidence. The director of the
department of licensing shall certify a transcript or abstract of
the record of convictions and findings of traffic infractions as
maintained by the department of licensing of any person
whose record brings him or her within the definition of an
habitual offender, as defined in RCW 46.65.020, to the hearing officer appointed in the event a hearing is requested. Such
transcript or abstract may be admitted as evidence in any
hearing or court proceeding and shall be prima facie evidence
that the person named therein was duly convicted by the court
wherein such conviction or holding was made of each offense
shown by such transcript or abstract; and if such person
denies any of the facts as stated therein, he or she shall have
the burden of proving that such fact is untrue. [1983 c 209 §
1; 1979 ex.s. c 136 § 95; 1979 c 62 § 2; 1971 ex.s. c 284 § 5.]
46.65.030
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.060 Department findings—Revocation of
license—Stay by department. If the department finds that
such person is not an habitual offender under this chapter, the
proceeding shall be dismissed, but if the department finds
that such person is an habitual offender, the department shall
revoke the operator’s license for a period of seven years:
PROVIDED, That the department may stay the date of the
revocation if it finds that the traffic offenses upon which it is
46.65.060
[Title 46 RCW—page 286]
based were caused by or are the result of alcoholism and/or
drug addiction as evaluated by a program approved by the
department of social and health services, and that since his or
her last offense he or she has undertaken and followed a
course of treatment for alcoholism and/or drug treatment in a
program approved by the department of social and health services; such stay shall be subject to terms and conditions as are
deemed reasonable by the department. Said stay shall continue as long as there is no further conviction for any of the
offenses listed in RCW 46.65.020(1). Upon a subsequent
conviction for any offense listed in RCW 46.65.020(1) or
violation of any of the terms or conditions of the original stay
order, the stay shall be removed and the department shall
revoke the operator’s license for a period of seven years.
[1999 c 274 § 7; 1985 c 101 § 2; 1981 c 188 § 2; 1979 c 62 §
3; 1973 1st ex.s. c 83 § 1; 1971 ex.s. c 284 § 8.]
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.065
46.65.065 Revocation of habitual offender’s license—
Request for hearing, scope—Right to appeal. (1) Whenever a person’s driving record, as maintained by the department, brings him or her within the definition of an habitual
traffic offender, as defined in RCW 46.65.020, the department shall forthwith notify the person of the revocation in
writing by certified mail at his or her address of record as
maintained by the department. If the person is a nonresident
of this state, notice shall be sent to the person’s last known
address. Notices of revocation shall inform the recipient
thereof of his or her right to a formal hearing and specify the
steps which must be taken in order to obtain a hearing. Within
fifteen days after the notice has been given, the person may,
in writing, request a formal hearing. If such a request is not
made within the prescribed time the right to a hearing is
waived. A request for a hearing stays the effectiveness of the
revocation.
(2) Upon receipt of a request for a hearing, the department shall schedule a hearing in the county in which the person making the request resides, and if [the] person is a nonresident of this state, the hearing shall be held in Thurston
county. The department shall give at least ten days notice of
the hearing to the person.
(3) The scope of the hearings provided by this section is
limited to the issues of whether the certified transcripts or
abstracts of the convictions, as maintained by the department,
show that the requisite number of violations have been accumulated within the prescribed period of time as set forth in
RCW 46.65.020 and whether the terms and conditions for
granting stays, as provided in RCW 46.65.060, have been
met.
(4) Upon receipt of the hearing officer’s decision, an
aggrieved party may appeal to the superior court of the
county in which he or she resides, or, in the case of a nonresident of this state, in the superior court of Thurston county,
for review of the revocation. Notice of appeal must be filed
within thirty days after receipt of the hearing officer’s decision or the right to appeal is waived. Review by the court
shall be de novo and without a jury.
(2008 Ed.)
Washington Auto Theft Prevention Authority
(5) The filing of a notice of appeal does not stay the
effective date of the revocation. [1989 c 337 § 10; 1979 c 62
§ 5.]
Severability—1979 c 62: See note following RCW 46.65.020.
46.65.070 Period during which habitual offender not
to be issued license. No license to operate motor vehicles in
Washington shall be issued to an habitual offender (1) for a
period of seven years from the date of the license revocation
except as provided in RCW 46.65.080, and (2) until the privilege of such person to operate a motor vehicle in this state
has been restored by the department of licensing as provided
in this chapter. [1998 c 214 § 2; 1990 c 250 § 62; 1979 c 62
§ 4; 1971 ex.s. c 284 § 9.]
46.66.030
46.65.910 Short title. This chapter shall be known and
may be cited as the "Washington Habitual Traffic Offenders
Act." [1971 ex.s. c 284 § 18.]
46.65.910
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.070
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
Chapter 46.66
Chapter 46.66 RCW
WASHINGTON AUTO THEFT
PREVENTION AUTHORITY
Sections
46.66.010
46.66.020
46.66.030
46.66.040
46.66.050
46.66.060
46.66.070
46.66.080
46.66.900
Authority established—Members.
Meetings—Officers—Terms.
Powers, duties.
Gifts, grants, conveyances.
Removal of member—Grounds—Replacement.
Members—Compensation and travel expenses.
Members—Immunity.
Washington auto theft prevention authority account.
Findings—Intent—Short title—2007 c 199.
46.66.010 Authority established—Members. (1) The
Washington auto theft prevention authority is established.
The authority shall consist of the following members,
appointed by the governor:
(a) The executive director of the Washington association
of sheriffs and police chiefs, or the executive director’s designee;
(b) The chief of the Washington state patrol, or the
chief’s designee;
(c) Two police chiefs;
(d) Two sheriffs;
(e) One prosecuting attorney;
(f) A representative from the insurance industry who is
responsible for writing property and casualty liability insurance in the state of Washington;
(g) A representative from the automobile industry; and
(h) One member of the general public.
(2) In addition, the authority may, where feasible, consult with other governmental entities or individuals from the
public and private sector in carrying out its duties under this
section. [2007 c 199 § 20.]
46.66.010
46.65.080 Four-year petition for license restoration—Reinstatement of driving privilege. At the end of
four years, the habitual offender may petition the department
of licensing for the return of his operator’s license and upon
good and sufficient showing, the department of licensing
may, wholly or conditionally, reinstate the privilege of such
person to operate a motor vehicle in this state. [1998 c 214 §
3; 1979 c 158 § 181; 1971 ex.s. c 284 § 10.]
46.65.080
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.100 Seven-year petition for license restoration—Reinstatement of driving privilege. At the expiration of seven years from the date of any final order finding a
person to be an habitual offender and directing him not to
operate a motor vehicle in this state, such person may petition
the department of licensing for restoration of his privilege to
operate a motor vehicle in this state. Upon receipt of such
petition, and for good cause shown, the department of licensing shall restore to such person the privilege to operate a
motor vehicle in this state upon such terms and conditions as
the department of licensing may prescribe, subject to the provisions of chapter 46.29 RCW and such other provisions of
law relating to the issuance or revocation of operators’
licenses. [1998 c 214 § 4; 1979 c 158 § 182; 1971 ex.s. c 284
§ 12.]
46.65.100
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.900 Construction—Chapter supplemental.
Nothing in this chapter shall be construed as amending, modifying, or repealing any existing law of Washington or any
existing ordinance of any political subdivision relating to the
operation or licensing of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the
violation thereof or shall be construed so as to preclude the
exercise of regulatory powers of any division, agency,
department, or political subdivision of the state having the
statutory power to regulate such operation and licensing.
[1971 ex.s. c 284 § 14.]
46.65.900
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
(2008 Ed.)
46.66.020 Meetings—Officers—Terms. (1) The
Washington auto theft prevention authority shall initially
convene at the call of the executive director of the Washington association of sheriffs and police chiefs, or the executive
director’s designee, no later than the third Monday in January
2008. Subsequent meetings of the authority shall be at the
call of the chair or seven members.
(2) The authority shall annually elect a chairperson and
other such officers as it deems appropriate from its membership.
(3) Members of the authority shall serve terms of four
years each on a staggered schedule to be established by the
first authority. For purposes of initiating a staggered schedule of terms, some members of the first authority may initially serve two years and some members may initially serve
four years. [2007 c 199 § 21.]
46.66.020
46.66.030 Powers, duties. (1) The Washington auto
theft prevention authority may obtain or contract for staff ser46.66.030
[Title 46 RCW—page 287]
46.66.040
Title 46 RCW: Motor Vehicles
vices, including an executive director, and any facilities and
equipment as the authority requires to carry out its duties.
(2) The director may enter into contracts with any public
or private organization to carry out the purposes of this section and RCW 46.66.010, 46.66.020, and 46.66.040 through
46.66.080.
(3) The authority shall review and make recommendations to the legislature and the governor regarding motor
vehicle theft in Washington state. In preparing the recommendations, the authority shall, at a minimum, review the following issues:
(a) Determine the scope of the problem of motor vehicle
theft, including:
(i) Particular areas of the state where the problem is the
greatest;
(ii) Annual data reported by local law enforcement
regarding the number of reported thefts, investigations,
recovered vehicles, arrests, and convictions; and
(iii) An assessment of estimated funds needed to hire
sufficient investigators to respond to all reported thefts.
(b) Analyze the various methods of combating the problem of motor vehicle theft;
(c) Develop and implement a plan of operation; and
(d) Develop and implement a financial plan.
(4) The authority is not a law enforcement agency and
may not gather, collect, or disseminate intelligence information for the purpose of investigating specific crimes or pursuing or capturing specific perpetrators. Members of the
authority may not exercise general authority peace officer
powers while acting in their capacity as members of the
authority, unless the exercise of peace officer powers is necessary to prevent an imminent threat to persons or property.
(5) The authority shall annually report its activities, findings, and recommendations during the preceding year to the
legislature by December 31st. [2007 c 199 § 22.]
46.66.040 Gifts, grants, conveyances. The Washington auto theft prevention authority may solicit and accept
gifts, grants, bequests, devises, or other funds from public
and private sources to support its activities. [2007 c 199 §
23.]
46.66.040
46.66.050 Removal of member—Grounds—Replacement. The governor may remove any member of the Washington auto theft prevention authority for cause including but
not limited to neglect of duty, misconduct, malfeasance or
misfeasance in office, or upon written request of two-thirds
of the members of the authority under this chapter. Upon the
death, resignation, or removal of a member, the governor
shall appoint a replacement to fill the remainder of the unexpired term. [2007 c 199 § 24.]
46.66.050
46.66.060 Members—Compensation and travel
expenses. Members of the Washington auto theft prevention
authority who are not public employees shall be compensated
in accordance with RCW 43.03.250 and shall be reimbursed
for travel expenses incurred in carrying out the duties of the
authority in accordance with RCW 43.03.050 and 43.03.060.
[2007 c 199 § 25.]
46.66.060
[Title 46 RCW—page 288]
46.66.070
46.66.070 Members—Immunity. Any member serving in their official capacity on the Washington auto theft prevention authority, or either their employer or employers, or
other entity that selected the members to serve, are immune
from a civil action based upon an act performed in good faith.
[2007 c 199 § 26.]
46.66.080
46.66.080 Washington auto theft prevention authority account. (1) The Washington auto theft prevention
authority account is created in the state treasury, subject to
appropriation. All revenues from the traffic infraction surcharge in RCW 46.63.110(7)(b) and all receipts from gifts,
grants, bequests, devises, or other funds from public and private sources to support the activities of the auto theft prevention authority must be deposited into the account. Expenditures from the account may be used only for activities relating
to motor vehicle theft, including education, prevention, law
enforcement, investigation, prosecution, and confinement.
(2) The authority shall allocate moneys appropriated
from the account to public agencies for the purpose of establishing, maintaining, and supporting programs that are
designed to prevent motor vehicle theft, including:
(a) Financial support to prosecution agencies to increase
the effectiveness of motor vehicle theft prosecution;
(b) Financial support to a unit of local government or a
team consisting of units of local governments to increase the
effectiveness of motor vehicle theft enforcement;
(c) Financial support for the procurement of equipment
and technologies for use by law enforcement agencies for the
purpose of enforcing motor vehicle theft laws; and
(d) Financial support for programs that are designed to
educate and assist the public in the prevention of motor vehicle theft.
(3) The costs of administration shall not exceed ten percent of the moneys in the account in any one year so that the
greatest possible portion of the moneys available to the
authority is expended on combating motor vehicle theft.
(4) Prior to awarding any moneys from the Washington
auto theft prevention authority account for motor vehicle
theft enforcement, the auto theft prevention authority must
verify that the financial award includes sufficient funding to
cover proposed activities, which include, but are not limited
to: (a) State, municipal, and county offender and juvenile
confinement costs; (b) administration costs; (c) law enforcement costs; (d) prosecutor costs; and (e) court costs, with a
priority being given to ensuring that sufficient funding is
available to cover state, municipal, and county offender and
juvenile confinement costs.
(5) Moneys expended from the Washington auto theft
prevention authority account under subsection (2) of this section shall be used to supplement, not supplant, other moneys
that are available for motor vehicle theft prevention.
(6) Grants provided under subsection (2) of this section
constitute reimbursement for purposes of RCW
43.135.060(1). [2007 c 199 § 27.]
46.66.900
199.
46.66.900 Findings—Intent—Short title—2007 c
See notes following RCW 9A.56.065.
(2008 Ed.)
Disposition of Revenue
Chapter 46.68
Chapter 46.68 RCW
DISPOSITION OF REVENUE
Sections
46.68.010
46.68.020
46.68.030
46.68.035
46.68.038
46.68.041
46.68.060
46.68.065
46.68.070
46.68.080
46.68.090
46.68.110
46.68.113
46.68.120
46.68.122
46.68.124
46.68.130
46.68.135
46.68.160
46.68.170
46.68.210
46.68.220
46.68.230
46.68.240
46.68.250
46.68.260
46.68.280
46.68.290
46.68.295
46.68.300
46.68.310
46.68.320
46.68.330
46.68.340
Erroneous payments—Refunds, underpayments—Penalty for
false statements.
Disposition of fees for certificates of ownership.
Disposition of vehicle license fees.
Disposition of combined vehicle licensing fees.
Disposition of driving record abstract fees.
Disposition of driver’s license fees.
Highway safety fund.
Motorcycle safety education account.
Motor vehicle fund created—Use limited.
Refund of vehicle license fees and fuel taxes to island counties—Deposit of fuel taxes into Puget Sound ferry operations
account.
Distribution of statewide fuel taxes.
Distribution of amount allocated to cities and towns.
Preservation rating.
Distribution of amount allocated to counties—Generally.
Distribution of amount to counties—Factors of distribution
formula.
Distribution of amount to counties—Population, road cost,
money need, computed—Allocation percentage adjustment.
Expenditure of balance of motor vehicle fund.
Multimodal account, transportation infrastructure account—
Annual transfers.
Urban arterial trust account—Created in motor vehicle fund—
Expenditures from.
RV account.
Puyallup tribal settlement account.
Department of licensing services account.
Transfer of funds under government service agreement.
Highway infrastructure account.
Vehicle licensing fraud account.
Impaired driving safety account.
Transportation 2003 account (nickel account).
Transportation partnership account—Definitions—Performance audits.
Transportation partnership account—Transfers.
Freight mobility investment account.
Freight mobility multimodal account.
Regional mobility grant program account.
Freight congestion relief account.
Ignition interlock device revolving account.
Amount of snowmobile fuel tax paid as motor vehicle fuel tax: RCW
46.10.170.
Highway funds, use, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Motor vehicle
fuel tax: Chapter 82.36 RCW.
special fuel tax: Chapter 82.38 RCW.
use tax: Chapter 82.12 RCW.
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
Off-road vehicle fuel tax—Refunds from motor vehicle fund: RCW
46.09.170.
Snowmobile fuel tax—Refund to general fund: RCW 46.10.150.
State patrol: Chapter 43.43 RCW.
46.68.010 Erroneous payments—Refunds, underpayments—Penalty for false statements. (1) Whenever
any license fee, paid under the provisions of this title, has
been erroneously paid, either wholly or in part, the payor is
entitled to have refunded the amount so erroneously paid.
(2) A license fee is refundable in one or more of the following circumstances: (a) If the vehicle for which the
renewal license was purchased was destroyed before the
beginning date of the registration period for which the
renewal fee was paid; (b) if the vehicle for which the renewal
license was purchased was permanently removed from the
state before the beginning date of the registration period for
46.68.010
(2008 Ed.)
46.68.020
which the renewal fee was paid; (c) if the vehicle license was
purchased after the owner has sold the vehicle; (d) if the vehicle is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full
months of Washington fees between the date of license application in the other jurisdiction and the expiration of the
Washington license are refundable; or (e) if the vehicle for
which the renewal license was purchased is sold before the
beginning date of the registration period for which the
renewal fee was paid, and the payor returns the new, unused,
never affixed license renewal tabs to the department before
the beginning of the registration period for which the registration was purchased.
(3) Upon the refund being certified to the state treasurer
by the director as correct and being claimed in the time
required by law the state treasurer shall mail or deliver the
amount of each refund to the person entitled thereto. No
claim for refund shall be allowed for such erroneous payments unless filed with the director within three years after
such claimed erroneous payment was made.
(4) If due to error a person has been required to pay a
vehicle license fee under this title and an excise tax under
Title 82 RCW that amounts to an overpayment of ten dollars
or more, that person shall be entitled to a refund of the entire
amount of the overpayment, regardless of whether a refund of
the overpayment has been requested.
(5) If due to error the department or its agent has failed to
collect the full amount of the license fee and excise tax due
and the underpayment is in the amount of ten dollars or more,
the department shall charge and collect such additional
amount as will constitute full payment of the tax and fees.
(6) Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [2003 c
53 § 248; 1997 c 22 § 1; 1996 c 31 § 1; 1993 c 307 § 2; 1989
c 68 § 1; 1979 c 120 § 1; 1967 c 32 § 73; 1961 c 12 §
46.68.010. Prior: 1937 c 188 § 76; RRS § 6312-76.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.68.020 Disposition of fees for certificates of ownership. The director shall forward all fees for certificates of
ownership or other moneys accruing under the provisions of
chapter 46.12 RCW to the state treasurer, together with a
proper identifying detailed report. The state treasurer shall
credit such moneys as follows:
(1) The fees collected under RCW 46.12.040(1) and
46.12.101(6) shall be credited to the multimodal transportation account in RCW 47.66.070.
(2)(a) Beginning July 27, 2003, and until July 1, 2008,
the fees collected under RCW 46.12.080, 46.12.101(3),
46.12.170, and 46.12.181 shall be credited as follows:
(i) 58.12 percent shall be credited to a segregated subaccount of the air pollution control account in RCW 70.94.015;
(ii) 16.60 percent shall be credited to the vessel response
account created in RCW 90.56.335; and
(iii) The remainder shall be credited into the transportation 2003 account (nickel account).
(b) Beginning July 1, 2008, and thereafter, the fees collected under RCW 46.12.080, 46.12.101(3), 46.12.170, and
46.68.020
[Title 46 RCW—page 289]
46.68.030
Title 46 RCW: Motor Vehicles
46.12.181 shall be credited to the transportation 2003 account
(nickel account).
(3) The fees collected under RCW 46.12.040(3) and
46.12.060 shall be credited to the motor vehicle account.
[2004 c 200 § 3; 2003 c 264 § 8; 2002 c 352 § 21; 1961 c 12
§ 46.68.020. Prior: 1955 c 259 § 3; 1947 c 164 § 7; 1937 c
188 § 11; Rem. Supp. 1947 § 6312-11.]
Effective date—2004 c 200: See note following RCW 46.12.040.
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.68.030 Disposition of vehicle license fees. Except
for proceeds from fees for vehicle licensing for vehicles paying such fees under RCW 46.16.070 and 46.16.085, and as
otherwise provided for in chapter 46.16 RCW, all fees
received by the director for vehicle licenses under the provisions of chapter 46.16 RCW shall be forwarded to the state
treasurer, accompanied by a proper identifying detailed
report, and be deposited to the credit of the motor vehicle
fund, except that the proceeds from the vehicle license fee
and renewal license fee shall be deposited by the state treasurer as hereinafter provided. After July 1, 2002, $20.35 of
each original or renewal license fee must be deposited in the
state patrol highway account in the motor vehicle fund,
hereby created. Vehicle license fees, renewal license fees,
and all other funds in the state patrol highway account shall
be for the sole use of the Washington state patrol for highway
activities of the Washington state patrol, subject to proper
appropriations and reappropriations therefor. $2.02 of each
original vehicle license fee and $0.93 of each renewal license
fee shall be deposited each biennium in the Puget Sound ferry
operations account. Any remaining amounts of vehicle
license fees and renewal license fees that are not distributed
otherwise under this section must be deposited in the motor
vehicle fund. [2002 c 352 § 22; 1990 c 42 § 109; 1985 c 380
§ 20. Prior: 1983 c 15 § 23; 1983 c 3 § 122; 1981 c 342 § 9;
1973 c 103 § 3; 1971 ex.s. c 231 § 11; 1971 ex.s. c 91 § 1;
1969 ex.s. c 281 § 25; 1969 c 99 § 8; 1965 c 25 § 2; 1961 ex.s.
c 7 § 17; 1961 c 12 § 46.68.030; prior: 1957 c 105 § 2; 1955
c 259 § 4; 1947 c 164 § 15; 1937 c 188 § 40; Rem. Supp. 1947
§ 6312-40.]
46.68.030
Effective dates—2002 c 352: See note following RCW 46.09.070.
surer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be
deposited into the multimodal transportation account, except
that for each vehicle registered by a county auditor or agent to
a county auditor pursuant to RCW 46.01.140, the sum of two
dollars shall be credited to the current county expense fund.
(2) The remainder and the proceeds from the license fee
under RCW 46.16.086 and the farm vehicle trip permit under
RCW 46.16.162 shall be distributed as follows:
(a) 22.36 percent shall be deposited into the state patrol
highway account of the motor vehicle fund;
(b) 1.375 percent shall be deposited into the Puget Sound
ferry operations account of the motor vehicle fund;
(c) 5.237 percent shall be deposited into the transportation 2003 account (nickel account);
(d) 11.533 percent shall be deposited into the transportation partnership account created in RCW 46.68.290; and
(e) The remaining proceeds shall be deposited into the
motor vehicle fund. [2006 c 337 § 1; 2005 c 314 § 205; 2003
c 361 § 202; 2000 2nd sp.s. c 4 § 8; 1993 c 102 § 7; 1990 c 42
§ 106; 1989 c 156 § 4; 1985 c 380 § 21.]
Application—2006 c 337 § 1: "Section 1 of this act applies to license
fees due on or after July 1, 2006." [2006 c 337 § 15.]
Effective dates—2005 c 314 §§ 110 and 201-206: See note following
RCW 46.17.010.
Application—2005 c 314 §§ 201-206, 301, and 302: See note following RCW 46.17.010.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: See note following RCW 46.16.070.
Severability—1985 c 380: See RCW 46.87.900.
46.68.038 Disposition of driving record abstract fees.
The funding allocated under RCW 46.20.293, 46.29.050, and
46.52.130 shall be deposited into the state patrol highway
account created in RCW 46.68.030, for the purposes enumerated therein, which may include the provision of enhanced
resources to address locations with higher than average collision rates. [2007 c 424 § 4.]
46.68.038
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—1985 c 380: See RCW 46.87.900.
Severability—1983 c 15: See RCW 47.64.910.
Effective date—Severability—1981 c 342: See notes following RCW
82.36.010.
Refund of mobile home identification tag fees: "The department of
motor vehicles shall refund all moneys collected in 1973 for mobile home
identification tags. Such refunds shall be made to those persons who have
purchased such tags. The department shall adopt rules pursuant to chapter
34.04 RCW to comply with the provisions of this section." [1973 c 103 § 4.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
Effective date—1965 c 25: "This act shall take effect January 1, 1966."
[1965 c 25 § 6.]
46.68.035 Disposition of combined vehicle licensing
fees. All proceeds from combined vehicle licensing fees
received by the director for vehicles licensed under RCW
46.16.070 and 46.16.085 shall be forwarded to the state trea46.68.035
[Title 46 RCW—page 290]
Effective date—2007 c 424: See note following RCW 46.20.293.
46.68.041 Disposition of driver’s license fees. (1)
Except as provided in subsection (2) of this section, the
department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit
such moneys to the credit of the highway safety fund.
(2) Sixty-three percent of each fee collected by the
department under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and
(3)(b) shall be deposited in the impaired driving safety
account. [2004 c 95 § 15; 1998 c 212 § 3; 1995 2nd sp.s. c 3
46.68.041
(2008 Ed.)
Disposition of Revenue
§ 1; 1985 ex.s. c 1 § 12; 1981 c 245 § 3; 1979 c 63 § 3; 1977
c 27 § 1; 1975 1st ex.s. c 293 § 20; 1971 ex.s. c 91 § 2; 1969
c 99 § 9; 1967 c 174 § 3; 1965 c 25 § 4.]
Effective date—1995 2nd sp.s. c 3: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 3 § 2.]
46.68.080
RRS § 6600, part; 1929 c 163 § 1; 1925 ex.s. c 185 § 1; 1923
c 181 § 3; 1921 c 96 § 18; 1919 c 46 § 3; 1917 c 155 § 13;
1915 c 142 § 18; RRS § 6330. (ii) 1939 c 181 § 1; RRS §
6600-1; 1937 c 208 §§ 1, 2, part.]
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.080 Refund of vehicle license fees and fuel
taxes to island counties—Deposit of fuel taxes into Puget
Sound ferry operations account. (1) Motor vehicle license
fees collected under RCW 46.16.0621 and 46.16.070 and fuel
taxes collected under RCW 82.36.025(1) and 82.38.030(1)
and directly or indirectly paid by the residents of those counties composed entirely of islands and which have neither a
fixed physical connection with the mainland nor any state
highways on any of the islands of which they are composed,
shall be paid into the motor vehicle fund of the state of Washington and shall monthly, as they accrue, and after deducting
therefrom the expenses of issuing such licenses and the cost
of collecting such vehicle fuel tax, be paid to the county treasurer of each such county to be by him disbursed as hereinafter provided.
(2) One-half of the motor vehicle license fees collected
under RCW 46.16.0621 and 46.16.070 and one-half of the
fuel taxes collected under R CW 82 .36.025( 1) and
82.38.030(1) and directly or indirectly paid by the residents
of those counties composed entirely of islands and which
have either a fixed physical connection with the mainland or
state highways on any of the islands of which they are composed, shall be paid into the motor vehicle fund of the state of
Washington and shall monthly, as they accrue, and after
deducting therefrom the expenses of issuing such licenses
and the cost of collecting such motor vehicle fuel tax, be paid
to the county treasurer of each such county to be by him disbursed as hereinafter provided.
(3) All funds paid to the county treasurer of the counties
of either class referred to in subsections (1) and (2) of this
section, shall be by such county treasurer distributed and
credited to the several road districts of each such county and
paid to the city treasurer of each incorporated city and town
within each such county, in the direct proportion that the
assessed valuation of each such road district and incorporated
city and town shall bear to the total assessed valuation of each
such county.
(4) The amount of motor vehicle fuel tax paid by the residents of those counties composed entirely of islands shall,
for the purposes of this section, be that percentage of the total
amount of motor vehicle fuel tax collected in the state that the
motor vehicle license fees paid by the residents of counties
composed entirely of islands bears to the total motor vehicle
license fees paid by the residents of the state.
(5)(a) An amount of fuel taxes shall be deposited into the
Puget Sound ferry operations account. This amount shall
equal the difference between the total amount of fuel taxes
collected in the state under RCW 82.36.020 and 82.38.030
less the total amount of fuel taxes collected in the state under
RCW 82.36.020(1) and 82.38.030(1) and be multiplied by a
fraction. The fraction shall equal the amount of motor vehicle license fees collected under RCW 46.16.0621 and
46.16.070 from counties described in subsection (1) of this
section divided by the total amount of motor vehicle license
46.68.080
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1981 c 245: See note following RCW 46.20.161.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
46.68.060 Highway safety fund. There is hereby created in the state treasury a fund to be known as the highway
safety fund to the credit of which shall be deposited all moneys directed by law to be deposited therein. This fund shall
be used for carrying out the provisions of law relating to
driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set
forth in RCW 43.59.010. During the 2005-2007 and 20072009 fiscal biennia, the legislature may transfer from the
highway safety fund to the motor vehicle fund and the multimodal transportation account such amounts as reflect the
excess fund balance of the highway safety fund. [2007 c 518
§ 714; 1969 c 99 § 11; 1967 c 174 § 4; 1965 c 25 § 3; 1961 c
12 § 46.68.060. Prior: 1957 c 104 § 1; 1937 c 188 § 81; RRS
§ 6312-81; 1921 c 108 § 13; RRS § 6375.]
46.68.060
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
Effective date—1969 c 99: See note following RCW 79A.05.070.
Effective date—1969 c 25: See note following RCW 46.16.060.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
Deposits into account: RCW 46.20.505, 46.20.510, 46.81A.030.
46.68.065 Motorcycle safety education account.
There is hereby created the motorcycle safety education
account in the highway safety fund of the state treasury, to the
credit of which shall be deposited all moneys directed by law
to be credited thereto. All expenses incurred by the director
of the department of licensing in administering RCW
46.20.505 through 46.20.520 shall be borne by appropriations from this account, and moneys deposited into this
account shall be used only for the purposes authorized in
RCW 46.20.505 through 46.20.520. [2001 c 285 § 1; 1982 c
77 § 8.]
46.68.065
Severability—1982 c 77: See note following RCW 46.20.500.
46.68.070 Motor vehicle fund created—Use limited.
There is created in the state treasury a permanent fund to be
known as the motor vehicle fund to the credit of which shall
be deposited all moneys directed by law to be deposited
therein. This fund shall be for the use of the state, and through
state agencies, for the use of counties, cities, and towns for
proper road, street, and highway purposes, including the purposes of RCW 47.30.030. [1972 ex.s. c 103 § 6; 1961 c 12 §
46.68.070. Prior: (i) 1935 c 111 § 1, part; 1933 c 41 § 4, part;
46.68.070
(2008 Ed.)
[Title 46 RCW—page 291]
46.68.090
Title 46 RCW: Motor Vehicles
fees collected in the state under RCW 46.16.0621 and
46.16.070.
(b) An additional amount of fuel taxes shall be deposited
into the Puget Sound ferry operations account. This amount
shall equal the difference between the total amount of fuel
taxes collected in the state under RCW 82.36.020 and
82.38.030 less the total amount of fuel taxes collected in the
state under RCW 82.36.020(1) and 82.38.030(1) and be multiplied by a fraction. The fraction shall equal the amount of
motor vehicle license fees collected under RCW 46.16.0621
and 46.16.070 from counties described in subsection (2) of
this section divided by the total amount of motor vehicle
license fees collected in the state under RCW 46.16.0621 and
46.16.070, and this shall be multiplied by one-half. [2006 c
337 § 12; 1961 c 12 § 46.68.080. Prior: 1939 c 181 § 9; RRS
§ 6450-54a.]
46.68.090 Distribution of statewide fuel taxes. (1) All
moneys that have accrued or may accrue to the motor vehicle
fund from the motor vehicle fuel tax and special fuel tax shall
be first expended for purposes enumerated in (a) and (b) of
this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in accordance with
subsections (2) through (7) of this section.
(a) For payment of refunds of motor vehicle fuel tax and
special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices
of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the
motor vehicle fuel tax and the special fuel tax, which sums
shall be distributed monthly.
(2) All of the remaining net tax amount collected under
RCW 82.36.025(1) and 82.38.030(1) shall be distributed as
set forth in (a) through (j) of this section.
(a) For distribution to the motor vehicle fund an amount
equal to 44.387 percent to be expended for highway purposes
of the state as defined in RCW 46.68.130;
(b) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal to
3.2609 percent to be expended for special category C
projects. Special category C projects are category C projects
that, due to high cost only, will require bond financing to
complete construction.
The following criteria, listed in order of priority, shall be
used in determining which special category C projects have
the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at
reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in
the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283
percent;
46.68.090
[Title 46 RCW—page 292]
(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(e) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739
percent and expended in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the
motor vehicle fund an amount equal to 10.6961 percent in
accordance with RCW 46.68.110;
(h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of
which there shall be distributed from time to time, as directed
by the department of transportation, those sums as may be
necessary to carry out the provisions of RCW 47.56.725; and
(ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW
47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in
accordance with RCW 46.68.120;
(i) For distribution to the county arterial preservation
account, hereby created in the motor vehicle fund an amount
equal to 1.9565 percent. These funds shall be distributed by
the county road administration board to counties in proportions corresponding to the number of paved arterial lane
miles in the unincorporated area of each county and shall be
used for improvements to sustain the structural, safety, and
operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and
develop policies to implement this program and to assure that
a pavement management system is used;
(j) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent
and expended in accordance with RCW 36.79.020.
(3) The remaining net tax amount collected under RCW
82.36.025(2) and 82.38.030(2) shall be distributed to the
transportation 2003 account (nickel account).
(4) The remaining net tax amount collected under RCW
82.36.025(3) and 82.38.030(3) shall be distributed as follows:
(a) 8.3333 percent shall be distributed to the incorporated cities and towns of the state in accordance with RCW
46.68.110;
(b) 8.3333 percent shall be distributed to counties of the
state in accordance with RCW 46.68.120; and
(c) The remainder shall be distributed to the transportation partnership account created in RCW 46.68.290.
(5) The remaining net tax amount collected under RCW
82.36.025(4) and 82.38.030(4) shall be distributed as follows:
(a) 8.3333 percent shall be distributed to the incorporated cities and towns of the state in accordance with RCW
46.68.110;
(b) 8.3333 percent shall be distributed to counties of the
state in accordance with RCW 46.68.120; and
(c) The remainder shall be distributed to the transportation partnership account created in RCW 46.68.290.
(6) The remaining net tax amount collected under RCW
82.36.025 (5) and (6) and 82.38.030 (5) and (6) shall be dis(2008 Ed.)
Disposition of Revenue
tributed to the transportation partnership account created in
RCW 46.68.290.
(7) Nothing in this section or in RCW 46.68.130 may be
construed so as to violate any terms or conditions contained
in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute
pledged to be paid from any excise taxes on motor vehicle
fuel and special fuels. [2005 c 314 § 103; 2003 c 361 § 403.
Prior: 1999 c 269 § 2; 1999 c 94 § 6; prior: 1994 c 225 § 2;
1994 c 179 § 3; 1991 c 342 § 56; 1990 c 42 § 102; 1983 1st
ex.s. c 49 § 21; 1979 c 158 § 184; 1977 ex.s. c 317 § 8; 1967
c 32 § 74; 1961 ex.s. c 7 § 5; 1961 c 12 § 46.68.090; prior:
1943 c 115 § 3; 1939 c 181 § 2; Rem. Supp. 1943 § 6600-1d;
1937 c 208 §§ 2, part, 3, part.]
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective date—1994 c 225: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 225 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
46.68.110
(3) One percent of such funds distributed under RCW
46.68.090 shall be deducted monthly, as such funds accrue,
to be deposited in the small city pavement and sidewalk
account, to implement the city hardship assistance program,
as provided in RCW 47.26.164. However, any moneys so
retained and not required to carry out the program under this
subsection as of July 1st of each odd-numbered year thereafter, shall be retained in the account and used for maintenance,
repair, and resurfacing of city and town streets for cities and
towns with a population of less than five thousand.
(4) Except as provided in RCW 47.26.080, after making
the deductions under subsections (1) through (3) of this section and RCW 35.76.050, the balance remaining to the credit
of incorporated cities and towns shall be apportioned
monthly as such funds accrue among the several cities and
towns within the state ratably on the basis of the population
last determined by the office of financial management. [2008
c 121 § 601; 2007 c 148 § 1. Prior: 2005 c 314 § 106; 2005
c 89 § 1; 2003 c 361 § 404; prior: 1999 c 269 § 3; 1999 c 94
§ 9; 1996 c 94 § 1; prior: 1991 sp.s. c 15 § 46; 1991 c 342 §
59; 1989 1st ex.s. c 6 § 41; 1987 1st ex.s. c 10 § 37; 1985 c
460 § 32; 1979 c 151 § 161; 1975 1st ex.s. c 100 § 1; 1961
ex.s. c 7 § 7; 1961 c 12 § 46.68.110; prior: 1957 c 175 § 11;
1949 c 143 § 1; 1943 c 83 § 2; 1941 c 232 § 1; 1939 c 181 §
4; Rem. Supp. 1949 § 6600-3a; 1937 c 208 §§ 2, part, 3, part.]
Severability—2008 c 121: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 121 § 606.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—2008 c 121: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 25, 2008]." [2008 c 121 § 607.]
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Rural arterial trust account: RCW 36.79.020.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Urban arterial trust account: RCW 47.26.080.
46.68.110 Distribution of amount allocated to cities
and towns. Funds credited to the incorporated cities and
towns of the state as set forth in RCW 46.68.090 shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed
under RCW 46.68.090 shall be deducted monthly as such
sums are credited and set aside for the use of the department
of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and
town streets thereof, including the supervision and administration of federal-aid programs for which the department of
transportation has responsibility: PROVIDED, That any
moneys so retained and not expended shall be credited in the
succeeding biennium to the incorporated cities and towns in
proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such
funds distributed under RCW 46.68.090 shall be deducted
monthly, as such funds accrue, and set aside for the use of the
department of transportation for the purpose of funding the
cities’ share of the costs of highway jurisdiction studies and
other studies. Any funds so retained and not expended shall
be credited in the succeeding biennium to the cities in proportion to the deductions made;
46.68.110
(2008 Ed.)
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Construction—Severability—1991 sp.s. c 15: "The appropriations of
moneys and the designation of funds and accounts by this and other acts of
the 1991 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, and 1989 legislatures to conform state funds
and accounts with generally accepted accounting principles. If any provision
of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1991 sp.s. c 15 § 69.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 6 § 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 10 § 60.]
Severability—1985 c 460: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 460 § 42.]
[Title 46 RCW—page 293]
46.68.113
Title 46 RCW: Motor Vehicles
Expense of cost-audit examination of city and town street records payable
from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62
RCW.
46.68.113 Preservation rating. During the 2003-2005
biennium, cities and towns shall provide to the transportation
commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town
arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in
subsequent biennia. The rating system used by cities and
towns must be based upon the Washington state pavement
rating method or an equivalent standard approved by the
department of transportation. Beginning January 1, 2007, the
preservation rating information shall be submitted to the
department. [2006 c 334 § 21; 2003 c 363 § 305.]
46.68.113
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
46.68.120 Distribution of amount allocated to counties—Generally. Funds to be paid to the counties of the state
shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such funds shall be
deducted monthly as such funds accrue and set aside for the
use of the department of transportation and the county road
administration board for the supervision of work and expenditures of such counties on the county roads thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any funds so retained and not
expended shall be credited in the succeeding biennium to the
counties in proportion to deductions herein made;
(2) All sums required to be repaid to counties composed
entirely of islands shall be deducted;
(3) Thirty-three one-hundredths of one percent of such
funds shall be deducted monthly, as such funds accrue, and
set aside for the use of the department of transportation for
the purpose of funding the counties’ share of the costs of
highway jurisdiction studies and other studies. Any funds so
retained and not expended shall be credited in the succeeding
biennium to the counties in proportion to the deductions
made;
(4) The balance of such funds remaining to the credit of
counties after such deductions shall be paid to the several
counties monthly, as such funds accrue, in accordance with
RCW 46.68.122 and 46.68.124. [1991 sp.s. c 15 § 47; 1991
c 342 § 64; 1989 1st ex.s. c 6 § 42; 1987 1st ex.s. c 10 § 38;
1985 c 460 § 33; 1985 c 120 § 1; 1982 c 33 § 1; 1980 c 87 §
44; 1979 c 158 § 185; 1977 ex.s. c 151 § 42; 1975 1st ex.s. c
100 § 2; 1973 1st ex.s. c 195 § 47; 1972 ex.s. c 103 § 1; 1967
c 32 § 75; 1965 ex.s. c 120 § 12; 1961 c 12 § 46.68.120. Prior:
1957 c 109 § 1; 1955 c 243 § 1; 1949 c 143 § 2; 1945 c 260 §
1; 1943 c 83 § 3; 1939 c 181 § 5; Rem. Supp. 149 § 6600-2a.]
46.68.120
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: See note following RCW 46.68.110.
Severability—1987 1st ex.s. c 10: See note following RCW 46.68.110.
[Title 46 RCW—page 294]
Severability—1985 c 460: See note following RCW 46.68.110.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070, 47.98.080.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
County road administration board—Expenses to be paid from motor vehicle
fund—Disbursement procedure: RCW 36.78.110.
46.68.122 Distribution of amount to counties—Factors of distribution formula. Funds to be paid to the several
counties pursuant to RCW 46.68.120(4) shall be allocated
among them upon the basis of a distribution formula consisting of the following four factors:
(1) An equal distribution factor of ten percent of such
funds shall be paid to each county;
(2) A population factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county’s total equivalent population, as computed pursuant to
RCW 46.68.124(1), is to the total equivalent population of all
counties;
(3) A road cost factor of thirty percent of such funds shall
be paid to each county in direct proportion that the county’s
total annual road cost, as computed pursuant to RCW
46.68.124(2), is to the total annual road costs of all counties;
(4) A money need factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county’s money need factor, as computed pursuant to RCW
46.68.124(3), is to the total of money need factors of all counties. [1982 c 33 § 2.]
46.68.122
46.68.124 Distribution of amount to counties—Population, road cost, money need, computed—Allocation percentage adjustment. (1) The equivalent population for each
county shall be computed as the sum of the population residing in the county’s unincorporated area plus twenty-five percent of the population residing in the county’s incorporated
area. Population figures required for the computations in this
subsection shall be certified by the director of the office of
financial management on or before July 1st of each odd-numbered year.
(2) The total annual road cost for each county shall be
computed as the sum of one twenty-fifth of the total estimated county road replacement cost, plus the total estimated
annual maintenance cost. Appropriate costs for bridges and
ferries shall be included. The county road administration
board shall be responsible for establishing a uniform system
of roadway categories for both maintenance and construction
and also for establishing a single statewide cost per mile rate
for each roadway category. The total annual cost for each
county will be based on the established statewide cost per
mile and associated mileage for each category. The mileage
to be used for these computations shall be as shown in the
county road log as maintained by the county road administration board as of July 1, 1985, and each two years thereafter.
Each county shall be responsible for submitting changes, corrections, and deletions as regards the county road log to the
county road administration board. Such changes, corrections,
and deletions shall be subject to verification and approval by
the county road administration board prior to inclusion in the
county road log.
46.68.124
(2008 Ed.)
Disposition of Revenue
(3) The money need factor for each county shall be the
county’s total annual road cost less the following four
amounts:
(a) One-half the sum of the actual county road tax levied
upon the valuation of all taxable property within the county
road districts pursuant to RCW 36.82.040, including any
amount of such tax diverted under chapter 39.89 RCW, for
the two calendar years next preceding the year of computation of the allocation amounts as certified by the department
of revenue;
(b) One-half the sum of all funds received by the county
road fund from the federal forest reserve fund pursuant to
RCW 28A.520.010 and 28A.520.020 during the two calendar
years next preceding the year of computation of the allocation amounts as certified by the state treasurer;
(c) One-half the sum of timber excise taxes received by
the county road fund pursuant to chapter 84.33 RCW in the
two calendar years next preceding the year of computation of
the allocation amounts as certified by the state treasurer;
(d) One-half the sum of motor vehicle license fees and
motor vehicle and special fuel taxes refunded to the county,
pursuant to RCW 46.68.080 during the two calendar years
next preceding the year of computation of the allocation
amounts as certified by the state treasurer.
(4) The state treasurer and the department of revenue
shall furnish to the county road administration board the
information required by subsection (3) of this section on or
before July 1st of each odd-numbered year.
(5) The county road administration board, shall compute
and provide to the counties the allocation factors of the several counties on or before September 1st of each year based
solely upon the sources of information herein before
required: PROVIDED, That the allocation factor shall be
held to a level not more than five percent above or five percent below the allocation factor in use during the previous
calendar year. Upon computation of the actual allocation factors of the several counties, the county road administration
board shall provide such factors to the state treasurer to be
used in the computation of the counties’ fuel tax allocation
for the succeeding calendar year. The state treasurer shall
adjust the fuel tax allocation of each county on January 1st of
every year based solely upon the information provided by the
county road administration board. [2001 c 212 § 28; 1990 c
33 § 586. Prior: 1985 c 120 § 2; 1985 c 7 § 113; 1982 c 33 §
3.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.68.210
Nothing in this section or in RCW 46.68.090 may be construed so as to violate terms or conditions contained in highway construction bond issues authorized by statute as of July
1, 1999, or thereafter and whose payment is, by the statute,
pledged to be paid from excise taxes on motor vehicle fuel
and special fuels. [1999 c 269 § 4; 1981 c 342 § 11; 1974
ex.s. c 9 § 1; 1972 ex.s. c 103 § 7; 1971 ex.s. c 91 § 6; 1963 c
83 § 1; 1961 ex.s. c 7 § 9; 1961 c 12 § 46.68.130. Prior: 1957
c 271 § 4; 1957 c 105 § 3; 1941 c 246 § 1; 1939 c 181 § 6;
Rem. Supp. 1941 § 6600-26.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective date—Severability—1981 c 342: See notes following RCW
82.36.010.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.135 Multimodal account, transportation infrastructure account—Annual transfers. By July 1, 2006,
and each year thereafter, the state treasurer shall transfer two
and one-half million dollars from the multimodal account to
the transportation infrastructure account created under RCW
82.44.190. The funds must be distributed for rail capital
improvements only. [2006 c 337 § 4; 2005 c 314 § 111.]
46.68.135
Part headings not law—2005 c 314: See note following RCW
46.17.010.
46.68.160 Urban arterial trust account—Created in
motor vehicle fund—Expenditures from. See RCW
47.26.080.
46.68.160
46.68.170 RV account. There is hereby created in the
motor vehicle fund the RV account. All moneys hereafter
deposited in said account shall be used by the department of
transportation for the construction, maintenance, and operation of recreational vehicle sanitary disposal systems at safety
rest areas in accordance with the department’s highway system plan as prescribed in chapter 47.06 RCW. During the
2005-2007 and 2007-2009 fiscal biennia, the legislature may
transfer from the RV account to the motor vehicle fund such
amounts as reflect the excess fund balance of the RV account.
[2007 c 518 § 701; 1996 c 237 § 2; 1980 c 60 § 3.]
46.68.170
Severability—2007 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 518 § 1101.]
Effective date—2007 c 518: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2007]." [2007 c 518 § 1102.]
Effective date—1980 c 60: See note following RCW 47.38.050.
46.68.130 Expenditure of balance of motor vehicle
fund. The tax amount distributed to the state in the manner
provided by RCW 46.68.090, and all moneys accruing to the
motor vehicle fund from any other source, less such sums as
are properly appropriated and reappropriated for expenditure
for costs of collection and administration thereof, shall be
expended, subject to proper appropriation and reappropriation, solely for highway purposes of the state, including the
purposes of RCW 47.30.030. For the purposes of this section,
the term "highway purposes of the state" does not include
those expenditures of the Washington state patrol heretofore
appropriated or reappropriated from the motor vehicle fund.
46.68.130
(2008 Ed.)
Additional license fees for recreational vehicles: RCW 46.16.063.
46.68.210 Puyallup tribal settlement account. (1) The
Puyallup tribal settlement account is hereby created in the
motor vehicle fund. All moneys designated by the "Agreement between the Puyallup Tribe of Indians, local governments in Pierce county, the state of Washington, the United
States of America, and certain private property owners,"
dated August 27, 1988, (the "agreement") for use by the
department of transportation on the Blair project as described
in the agreement shall be deposited into the account, including but not limited to federal appropriations for the Blair
46.68.210
[Title 46 RCW—page 295]
46.68.220
Title 46 RCW: Motor Vehicles
project, and appropriations contained in section 34, chapter 6,
Laws of 1989 1st ex. sess. and section 709, chapter 19, Laws
of 1989 1st ex. sess.
(2) All moneys deposited into the account shall be
expended by the department of transportation pursuant to
appropriation solely for the Blair project as described in the
agreement. [1991 sp.s. c 13 § 104; 1990 c 42 § 411.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.68.220 Department of licensing services account.
The department of licensing services account is created in the
motor vehicle fund. All receipts from service fees received
under RCW 46.01.140(4)(b) shall be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for information and service delivery systems for the
department, and for reimbursement of county licensing activities. [1992 c 216 § 5.]
46.68.220
46.68.230 Transfer of funds under government service agreement. Funds that are distributed to counties, cities, or towns pursuant to this chapter may be transferred by
the recipient county, city, or town to another unit of local
government pursuant to a government service agreement as
provided in RCW 36.115.040 and 36.115.050. [1994 c 266 §
9.]
46.68.230
46.68.240 Highway infrastructure account. The highway infrastructure account is hereby created in the motor
vehicle fund. Public and private entities may deposit moneys
in the highway infrastructure account from federal, state,
local, or private sources. Proceeds from bonds or other financial instruments sold to finance surface transportation
projects from the highway infrastructure account shall be
deposited into the account. Principal and interest payments
made on loans from the highway infrastructure account shall
be deposited into the account. Moneys in the account shall be
available for purposes specified in RCW 82.44.195. Expenditures from the highway infrastructure account shall be subject
to appropriation by the legislature. To the extent required by
federal law or regulations promulgated by the United States
secretary of transportation, the state treasurer is authorized to
create separate subaccounts within the highway infrastructure account. [1996 c 262 § 3.]
46.68.240
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
46.68.250 Vehicle licensing fraud account. The vehicle licensing fraud account is created in the state treasury.
From penalties and fines imposed under RCW 46.16.010,
47.68.255, and 88.02.118, an amount equal to the taxes and
fees owed shall be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures
from the account may be used only for vehicle license fraud
enforcement and collections by the Washington state patrol
and the department of revenue. [1996 c 184 § 6.]
46.68.250
Effective date—1996 c 184: See note following RCW 46.16.010.
[Title 46 RCW—page 296]
46.68.260 Impaired driving safety account. The
impaired driving safety account is created in the custody of
the state treasurer. All receipts from fees collected under
RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) shall be
deposited according to RCW 46.68.041. Expenditures from
this account may be used only to fund projects to reduce
impaired driving and to provide funding to local governments
for costs associated with enforcing laws relating to driving
and boating while under the influence of intoxicating liquor
or any drug. The account is subject to allotment procedures
under chapter 43.88 RCW. Moneys in the account may be
spent only after appropriation. [2004 c 95 § 16; 1998 c 212 §
2.]
46.68.260
46.68.280 Transportation 2003 account (nickel
account). (1) The transportation 2003 account (nickel
account) is hereby created in the motor vehicle fund. Money
in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or
improvements identified as transportation 2003 projects or
improvements in the omnibus transportation budget and to
pay the principal and interest on the bonds authorized for
transportation 2003 projects or improvements. Upon completion of the projects or improvements identified as transportation 2003 projects or improvements, moneys deposited
in this account must only be used to pay the principal and
interest on the bonds authorized for transportation 2003
projects or improvements, and any funds in the account in
excess of the amount necessary to make the principal and
interest payments may be used for maintenance on the completed projects or improvements.
(2) The "nickel account" means the transportation 2003
account. [2003 c 361 § 601.]
46.68.280
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
46.68.290 Transportation partnership account—
Definitions—Performance audits. (1) The transportation
partnership account is hereby created in the state treasury.
All distributions to the account from RCW 46.68.090 must be
deposited into the account. Money in the account may be
spent only after appropriation. Expenditures from the
account must be used only for projects or improvements
identified as 2005 transportation partnership projects or
improvements in the omnibus transportation appropriations
act, including any principal and interest on bonds authorized
for the projects or improvements.
(2) The legislature finds that:
(a) Citizens demand and deserve accountability of transportation-related programs and expenditures. Transportation-related programs must continuously improve in quality,
efficiency, and effectiveness in order to increase public trust;
(b) Transportation-related agencies that receive tax dollars must continuously improve the way they operate and
deliver services so citizens receive maximum value for their
tax dollars; and
(c) Fair, independent, comprehensive performance
audits of transportation-related agencies overseen by the
elected state auditor are essential to improving the efficiency,
46.68.290
(2008 Ed.)
Disposition of Revenue
economy, and effectiveness of the state’s transportation system.
(3) For purposes of chapter 314, Laws of 2005:
(a) "Performance audit" means an objective and systematic assessment of a state agency or agencies or any of their
programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.
(b) "Transportation-related agency" means any state
agency, board, or commission that receives funding primarily
for transportation-related purposes. At a minimum, the
department of transportation, the transportation improvement
board or its successor entity, the county road administration
board or its successor entity, and the traffic safety commission are considered transportation-related agencies. The
Washington state patrol and the department of licensing shall
not be considered transportation-related agencies under chapter 314, Laws of 2005.
(4) Within the authorities and duties under chapter 43.09
RCW, the state auditor shall establish criteria and protocols
for performance audits. Transportation-related agencies shall
be audited using criteria that include generally accepted government auditing standards as well as legislative mandates
and performance objectives established by state agencies.
Mandates include, but are not limited to, agency strategies,
timelines, program objectives, and mission and goals as
required in RCW 43.88.090.
(5) Within the authorities and duties under chapter 43.09
RCW, the state auditor may conduct performance audits for
transportation-related agencies. The state auditor shall contract with private firms to conduct the performance audits.
(6) The audits may include:
(a) Identification of programs and services that can be
eliminated, reduced, consolidated, or enhanced;
(b) Identification of funding sources to the transportation-related agency, to programs, and to services that can be
eliminated, reduced, consolidated, or enhanced;
(c) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(d) Analysis and recommendations for pooling information technology systems used within the transportationrelated agency, and evaluation of information processing and
telecommunications policy, organization, and management;
(e) Analysis of the roles and functions of the transportation-related agency, its programs, and its services and their
compliance with statutory authority and recommendations
for eliminating or changing those roles and functions and
ensuring compliance with statutory authority;
(f) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to
ensure that the transportation-related agency carry out reasonably and properly those functions vested in the agency by
statute;
(g) Verification of the reliability and validity of transportation-related agency performance data, self-assessments,
and performance measurement systems as required under
RCW 43.88.090;
(h) Identification of potential cost savings in the transportation-related agency, its programs, and its services;
(2008 Ed.)
46.68.290
(i) Identification and recognition of best practices;
(j) Evaluation of planning, budgeting, and program evaluation policies and practices;
(k) Evaluation of personnel systems operation and management;
(l) Evaluation of purchasing operations and management
policies and practices;
(m) Evaluation of organizational structure and staffing
levels, particularly in terms of the ratio of managers and
supervisors to nonmanagement personnel; and
(n) Evaluation of transportation-related project costs,
including but not limited to environmental mitigation, competitive bidding practices, permitting processes, and capital
project management.
(7) Within the authorities and duties under chapter 43.09
RCW, the state auditor must provide the preliminary performance audit reports to the audited state agency for comment.
The auditor also may seek input on the preliminary report
from other appropriate officials. Comments must be received
within thirty days after receipt of the preliminary performance audit report unless a different time period is approved
by the state auditor. The final performance audit report shall
include the objectives, scope, and methodology; the audit
results, including findings and recommendations; the
agency’s response and conclusions; and identification of best
practices.
(8) The state auditor shall provide final performance
audit reports to the citizens of Washington, the governor, the
joint legislative audit and review committee, the appropriate
legislative committees, and other appropriate officials. Final
performance audit reports shall be posted on the internet.
(9) The audited transportation-related agency is responsible for follow-up and corrective action on all performance
audit findings and recommendations. The audited agency’s
plan for addressing each audit finding and recommendation
shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each
action, the action planned, and the anticipated completion
date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required,
then the action plan shall include an explanation and specific
reasons.
The office of financial management shall require periodic progress reports from the audited agency until all resolution has occurred. The office of financial management is
responsible for achieving audit resolution. The office of
financial management shall annually report by December
31st the status of performance audit resolution to the appropriate legislative committees and the state auditor. The legislature shall consider the performance audit results in connection with the state budget process.
The auditor may request status reports on specific audits
or findings.
(10) For the period from July 1, 2005, until June 30,
2007, the amount of $4,000,000 is appropriated from the
transportation partnership account to the state auditors office
for the purposes of subsections (2) through (9) of this section.
[2006 c 337 § 5; 2005 c 314 § 104.]
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: "Sections 101 through 107, 109, 303 through 310 [309], and 401 of this act are
necessary for the immediate preservation of the public peace, health, or
[Title 46 RCW—page 297]
46.68.295
Title 46 RCW: Motor Vehicles
safety, or support of the state government and its existing public institutions,
and take effect July 1, 2005." [2005 c 314 § 405.]
Part headings not law—2005 c 314: See note following RCW
46.17.010.
46.68.295 Transportation partnership account—
Transfers. (1) On July 1, 2006, and by each July 1st thereafter, the state treasurer shall transfer from the transportation
partnership account created in RCW 46.68.290:
(a) One million dollars to the small city pavement and
sidewalk account created in RCW 47.26.340;
(b) Two and one-half million dollars to the transportation
improvement account created in RCW 47.26.084; and
(c) One and one-half million dollars to the county arterial
preservation account created in RCW 46.68.090(2)(i).
(2) On July 1, 2006, the state treasurer shall transfer six
million dollars from the transportation partnership account
created in RCW 46.68.290 into the freight mobility investment account created in RCW 46.68.300 and by July 1, 2007,
and by every July 1st thereafter, three million dollars shall be
deposited into the freight mobility investment account. [2006
c 337 § 6.]
state treasurer shall transfer from the multimodal transportation account to the regional mobility grant program account
six million two hundred fifty thousand dollars. [2006 c 337 §
8.]
46.68.295
46.68.300 Freight mobility investment account. The
freight mobility investment account is hereby created in the
state treasury. Money in the account may be spent only after
appropriation. Expenditures from the account may be used
only for freight mobility projects identified in the omnibus
transportation appropriations act, including any principal and
interest on bonds authorized for the projects or improvements. [2005 c 314 § 105.]
46.68.300
Effective date—2005 c 314 §§ 101-107, 109, 303-309, and 401: See
note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW
46.17.010.
46.68.310 Freight mobility multimodal account. The
freight mobility multimodal account is created in the state
treasury. Money in the account may be spent only after
appropriation. Expenditures from the account may be used
only for freight mobility projects identified in the omnibus
transportation appropriations act, including any principal and
interest on bonds authorized for the projects or improvements. [2006 c 337 § 7.]
46.68.330 Freight congestion relief account. The
freight congestion relief account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used to
provide congestion relief through the improvement of freight
rail systems and state highways that function as freight corridors. [2007 c 514 § 2.]
46.68.330
46.68.340 Ignition interlock device revolving
account. The ignition interlock device revolving account is
created in the state treasury. All receipts from the fee
assessed under RCW 46.20.385(6) must be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for administering and operating the ignition interlock
device revolving account program. [2008 c 282 § 3.]
46.68.340
Chapter 46.70
Sections
46.70.005
46.70.011
46.70.021
46.70.023
46.70.025
46.70.027
46.70.028
46.70.029
46.70.031
46.70.041
46.70.042
46.68.310
Effective date—2006 c 337 § 7: "Section 7 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
March 24, 2006." [2006 c 337 § 16.]
46.68.320 Regional mobility grant program account.
(1) The regional mobility grant program account is hereby
created in the state treasury. Moneys in the account may be
spent only after appropriation. Expenditures from the
account may be used only for the grants provided under RCW
47.66.030.
(2) Beginning with September 2007, by the last day of
September, December, March, and June of each year, the
state treasurer shall transfer from the multimodal transportation account to the regional mobility grant program account
five million dollars.
(3) Beginning with September 2015, by the last day of
September, December, March, and June of each year, the
46.68.320
[Title 46 RCW—page 298]
Chapter 46.70 RCW
DEALERS AND MANUFACTURERS
46.70.045
46.70.051
46.70.061
46.70.070
46.70.075
46.70.079
46.70.083
46.70.085
46.70.090
46.70.101
46.70.102
46.70.111
46.70.115
46.70.120
46.70.122
46.70.124
46.70.125
46.70.130
46.70.132
46.70.134
46.70.135
46.70.137
46.70.140
46.70.160
Declaration of purpose.
Definitions.
License required for dealers or manufacturers—Penalties.
Place of business.
Established place of business—Waiver of requirements.
Accountability of dealer for employees—Actions for damages
on violation of chapter.
Consignment.
Listing dealers, transaction of business.
Application for license—Form.
Application for license—Contents.
Application for license—Retention by department—Confidentiality.
Denial of license.
Issuance of license—Private party dissemination of vehicle
database.
Fees—Disposition.
Dealers—Bond required, exceptions—Actions—Cancellation
of license.
Manufacturers—Bond required—Actions—Cancellation of
license.
Education requirements.
Expiration of license—Renewal—Certification of established
place of business.
Licenses—Staggered renewal.
License plates—Use.
Denial, suspension, or revocation of licenses—Grounds.
Denial, suspension, or revocation of licenses—Notice, hearing, procedure.
Investigations or proceedings—Powers of director or designees—Penalty.
Cease and desist orders—Penalty, "curbstoning" defined.
Record of transactions.
Duty when purchaser or transferee is a dealer.
Evidence of ownership for dealers’ used vehicles—Consignments.
Used vehicles—Asking price, posting or disclosure.
Details of charges must be furnished buyer or mortgagor.
Manufactured home sale—Implied warranty.
Manufactured home installation—Warranty, state installation
code.
Mobile homes—Warranties and inspections—Delivery—
Occupancy—Advertising of dimensions.
Violations relating to mobile/manufactured homes.
Handling "hot" vehicles—Unreported motor "switches"—
Unauthorized use of dealer plates—Penalty.
Rules and regulations.
(2008 Ed.)
Dealers and Manufacturers
46.70.170
46.70.180
46.70.183
46.70.190
46.70.220
46.70.230
46.70.240
46.70.250
46.70.260
46.70.270
46.70.290
46.70.300
46.70.310
46.70.320
46.70.330
46.70.340
46.70.900
46.70.910
46.70.920
Penalty for violations.
Unlawful acts and practices.
Notice of bankruptcy proceedings.
Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.
Duties of attorney general and prosecuting attorneys to act on
violations—Limitation of civil actions.
Duties of attorney general and prosecuting attorneys to act on
violations—Assurance of compliance—Filing.
Penalties—Jurisdiction.
Personal service of process outside state.
Application of chapter to existing and future franchises and
contracts.
Provisions of chapter cumulative—Violation of RCW
46.70.180 deemed civil.
Mobile homes and persons engaged in distribution and sale.
Chapter exclusive—Local business and occupation tax not
prevented.
Consumer Protection Act.
Buyer’s agents.
Wholesale motor vehicle auction dealers.
Issuance of temporary subagency licenses for recreational
vehicle shows.
Liberal construction.
Severability—1967 ex.s. c 74.
Severability—1973 1st ex.s. c 132.
Automotive repair: Chapter 46.71 RCW.
False or deceptive advertising: Chapter 9.04 RCW.
Lemon Law—Motor vehicle express warranties: Chapter 19.118 RCW.
Manufactured home safety and construction standards, inspections: RCW
43.22.431 through 43.22.434.
Retail installment sales of goods: Chapter 63.14 RCW.
Unfair business practices—Consumer protection: Chapter 19.86 RCW.
46.70.005 Declaration of purpose. The legislature
finds and declares that the distribution, sale, and lease of
vehicles in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate and license vehicle manufacturers,
distributors, or wholesalers and factory or distributor representatives, and to regulate and license dealers of vehicles
doing business in Washington, in order to prevent frauds,
impositions, and other abuses upon its citizens and to protect
and preserve the investments and properties of the citizens of
this state. [2001 c 272 § 1; 1986 c 241 § 1; 1973 1st ex.s. c
132 § 1; 1967 ex.s. c 74 § 1.]
46.70.005
Reviser’s note: Throughout chapter 46.70 RCW the phrases "this act"
and "this amendatory act" have been changed to "this chapter." This 1967
act or amendatory act [1967 ex.s. c 74] consisted of RCW 46.70.005 through
46.70.042, 46.70.051, 46.70.061, 46.70.081 through 46.70.083, 46.70.101
through 46.70.111, and 46.70.180 through 46.70.910, the 1967 amendments
to RCW 46.70.060 and 46.70.070, and the repeal of RCW 46.70.010 through
46.70.050, 46.70.080, 46.70.100, and 46.70.110.
Emergency—Effective date—1967 ex.s. c 74: "This act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and sections 1 through 3 and sections 16 through 25 shall take effect immediately.
Sections 4 through 15 and sections 26 through 30 inclusive shall take effect
on July 1, 1967." [1967 ex.s. c 74 § 31.]
46.70.011 Definitions. As used in this chapter:
(1) "Vehicle" means and includes every device capable
of being moved upon a public highway and in, upon, or by
which any persons or property is or may be transported or
drawn upon a public highway, excepting devices moved by
human or animal power or used exclusively upon stationary
rails or tracks.
46.70.011
(2008 Ed.)
46.70.011
(2) "Motor vehicle" means every vehicle which is selfpropelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, and which is required to be registered and titled
under Title 46 RCW, Motor Vehicles.
(3) "Recreational vehicle" means a travel trailer, motor
home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either selfpropelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not
immobilized or permanently affixed to a mobile home lot.
(4) "Vehicle dealer" means any person, firm, association,
corporation, or trust, not excluded by subsection (5) of this
section, engaged in the business of buying, selling, listing,
exchanging, offering, brokering, leasing with an option to
purchase, auctioning, soliciting, or advertising the sale of
new or used vehicles, or arranging or offering or attempting
to solicit or negotiate on behalf of others, a sale, purchase, or
exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as follows:
(a) A "motor vehicle dealer" is a vehicle dealer that deals
in new or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a vehicle
dealer that deals in mobile homes, park trailers, or travel trailers, or more than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer
that deals in motorcycles or vehicles other than motor vehicles or mobile homes and travel trailers or any combination
of such vehicles;
(d) A "recreational vehicle dealer" is a vehicle dealer that
deals in travel trailers, motor homes, truck campers, or camping trailers that are primarily designed and used as temporary
living quarters, are either self-propelled or mounted on or
drawn by another vehicle, are transient, are not occupied as a
primary residence, and are not immobilized or permanently
affixed to a mobile home lot.
(5) The term "vehicle dealer" does not include, nor do
the licensing requirements of RCW 46.70.021 apply to, the
following persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or
(b) Public officers while performing their official duties;
or
(c) Employees of vehicle dealers who are engaged in the
specific performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle in
which that person is the registered or legal owner, or both,
thereof; or
(e) Any person, firm, association, corporation, or trust,
engaged in the selling of equipment other than vehicles, subject to registration, used for agricultural or industrial purposes; or
(f) A real estate broker licensed under chapter 18.85
RCW, or an affiliated licensee, who, on behalf of another
negotiates the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase,
sale, exchange, rental, or lease of the land upon which the
manufactured or mobile home is, or will be, located; or
[Title 46 RCW—page 299]
46.70.021
Title 46 RCW: Motor Vehicles
(g) Owners who are also operators of the special highway construction equipment or of the highway construction
equipment for which a vehicle license and display vehicle
license number plate is required as defined in RCW
46.16.010; or
(h) Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any
parent, subsidiary, or affiliate thereof, authorized to do business in this state under state or federal law with respect to the
sale or other disposition of a motor vehicle owned and used in
their business; or with respect to the acquisition and sale or
other disposition of a motor vehicle in which the entity has
acquired an interest as a lessor, lessee, or secured party; or
(i) Any person who is regularly engaged in the business
of acquiring leases or installment contracts by assignment,
with respect to the acquisition and sale or other disposition of
a motor vehicle in which the person has acquired an interest
as a result of the business.
(6) "Vehicle salesperson" means any person who for any
form of compensation sells, auctions, leases with an option to
purchase, or offers to sell or to so lease vehicles on behalf of
a vehicle dealer.
(7) "Department" means the department of licensing,
which shall administer and enforce the provisions of this
chapter.
(8) "Director" means the director of licensing.
(9) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the
terms:
(a) "Distributor," which means any person, firm, association, corporation, or trust, resident or nonresident, who in
whole or in part offers for sale, sells, or distributes any new
and unused vehicle to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering
for sale, vehicles to a distributor, wholesaler, or vehicle
dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes any
sales promotion organization, whether a person, firm, or corporation, which is engaged in promoting the sale of new and
unused vehicles in this state of a particular brand or make to
vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale of
their vehicles or for supervising or contracting with their
dealers or prospective dealers.
(10) "Established place of business" means a location
meeting the requirements of RCW 46.70.023(1) at which a
vehicle dealer conducts business in this state.
(11) "Principal place of business" means that dealer
firm’s business location in the state, which place the dealer
designates as their principal place of business.
(12) "Subagency" means any place of business of a vehicle dealer within the state, which place is physically and geographically separated from the principal place of business of
the firm or any place of business of a vehicle dealer within the
[Title 46 RCW—page 300]
state, at which place the firm does business using a name
other than the principal name of the firm, or both.
(13) "Temporary subagency" means a location other than
the principal place of business or subagency within the state
where a licensed vehicle dealer may secure a license to conduct the business and is licensed for a period of time not to
exceed ten days for a specific purpose such as auto shows,
shopping center promotions, tent sales, exhibitions, or similar
merchandising ventures. No more than six temporary subagency licenses may be issued to a licensee in any twelvemonth period.
(14) "Wholesale vehicle dealer" means a vehicle dealer
who buys and sells other than at retail.
(15) "Retail vehicle dealer" means a vehicle dealer who
may buy and sell at both wholesale and retail.
(16) "Listing dealer" means a used mobile home dealer
who makes contracts with sellers who will compensate the
dealer for obtaining a willing purchaser for the seller’s
mobile home.
(17) "Auction" means a transaction conducted by means
of exchanges between an auctioneer and the members of the
audience, constituting a series of oral invitations for offers for
the purchase of vehicles made by the auctioneer, offers to
purchase by members of the audience, and the acceptance of
the highest or most favorable offer to purchase.
(18) "Auction company" means a sole proprietorship,
partnership, corporation, or other legal or commercial entity
licensed under chapter 18.11 RCW that only sells or offers to
sell vehicles at auction or only arranges or sponsors auctions.
(19) "Buyer’s agent" means any person, firm, partnership, association, limited liability company, limited liability
partnership, or corporation retained or employed by a consumer to arrange for or to negotiate, or both, the purchase or
lease of a new motor vehicle on behalf of the consumer, and
who is paid a fee or receives other compensation from the
consumer for its services.
(20) "New motor vehicle" means any motor vehicle that
is self-propelled and is required to be registered and titled
under Title 46 RCW, has not been previously titled to a retail
purchaser or lessee, and is not a "used vehicle" as defined
under RCW 46.04.660. [2006 c 364 § 1; 2001 c 272 § 2;
1998 c 46 § 1; 1996 c 194 § 1; 1993 c 175 § 1. Prior: 1989 c
337 § 11; 1989 c 301 § 1; 1988 c 287 § 1; 1986 c 241 § 2;
1981 c 305 § 2; 1979 c 158 § 186; 1979 c 11 § 3; prior: 1977
ex.s. c 204 § 2; 1977 ex.s. c 125 § 1; 1973 1st ex.s. c 132 § 2;
1969 ex.s. c 63 § 1; 1967 ex.s. c 74 § 3.]
46.70.021 License required for dealers or manufacturers—Penalties. (1) It is unlawful for any person, firm, or
association to act as a vehicle dealer or vehicle manufacturer,
to engage in business as such, serve in the capacity of such,
advertise himself, herself, or themselves as such, solicit sales
as such, or distribute or transfer vehicles for resale in this
state, without first obtaining and holding a current license as
provided in this chapter, unless the title of the vehicle is in the
name of the seller.
(2) It is unlawful for any person other than a licensed
vehicle dealer to display a vehicle for sale unless the registered owner or legal owner is the displayer or holds a notarized power of attorney.
46.70.021
(2008 Ed.)
Dealers and Manufacturers
(3)(a) Except as provided in (b) of this subsection, a person or firm engaged in buying and offering for sale, or buying
and selling five or more vehicles in a twelve-month period, or
in any other way engaged in dealer activity without holding a
vehicle dealer license, is guilty of a gross misdemeanor, and
upon conviction subject to a fine of up to five thousand dollars for each violation and up to one year in jail.
(b) A second offense is a class C felony punishable under
chapter 9A.20 RCW.
(4) A violation of this section is also a per se violation of
chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state
patrol, the attorney general’s office, and the department of
revenue shall cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative shall not be required to have a vehicle manufacturer
license so long as the vehicle manufacturer so represented is
properly licensed pursuant to this chapter.
(7) Nothing in this chapter prohibits financial institutions
from cooperating with vehicle dealers licensed under this
chapter in dealer sales or leases. However, financial institutions shall not broker vehicles and cooperation is limited to
organizing, promoting, and financing of such dealer sales or
leases. [2003 c 53 § 249; 1993 c 307 § 4; 1988 c 287 § 2;
1986 c 241 § 3; 1973 1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.70.023 Place of business. (1) An "established place
of business" requires a permanent, enclosed commercial
building located within the state of Washington easily accessible at all reasonable times. The business of a vehicle dealer
must be lawfully carried on at an established place of business in accordance with the terms of all applicable building
code, zoning, and other land-use regulatory ordinances. A
vehicle dealer may display a vehicle for sale only at its established place of business, licensed subagency, or temporary
subagency site, except at auction. The dealer shall keep the
building open to the public so that the public may contact the
vehicle dealer or the dealer’s salespersons at all reasonable
times. The books, records, and files necessary to conduct the
business shall be kept and maintained at that place. The
established place of business shall display an exterior sign
with the business name and nature of the business, such as
auto sales, permanently affixed to the land or building, with
letters clearly visible to the major avenue of traffic. A room
or rooms in a hotel, rooming house, or apartment house building or part of a single or multiple-unit dwelling house may
not be considered an "established place of business" unless
the ground floor of such a dwelling is devoted principally to
and occupied for commercial purposes and the dealer offices
are located on the ground floor. A mobile office or mobile
home may be used as an office if it is connected to utilities
and is set up in accordance with state law. A statewide trade
association representing manufactured housing dealers shall
be permitted to use a manufactured home as an office if the
office complies with all other applicable building code, zoning, and other land-use regulatory ordinances. This subsection does not apply to auction companies that do not own
vehicle inventory or sell vehicles from an auction yard.
46.70.023
(2008 Ed.)
46.70.023
(2) An auction company shall have office facilities
within the state. The books, records, and files necessary to
conduct the business shall be maintained at the office facilities. All storage facilities for inventory shall be listed with the
department, and shall meet local zoning and land use ordinances. An auction company shall maintain a telecommunications system.
(3) Auction companies shall post their vehicle dealer
license at each auction where vehicles are offered, and shall
provide the department with the address of the auction at least
three days before the auction.
(4) If a dealer maintains a place of business at more than
one location or under more than one name in this state, he or
she shall designate one location as the principal place of business of the firm, one name as the principal name of the firm,
and all other locations or names as subagencies. A subagency
license is required for each and every subagency: PROVIDED, That the department may grant an exception to the
subagency requirement in the specific instance where a
licensed dealer is unable to locate their used vehicle sales
facilities adjacent to or at the established place of business.
This exception shall be granted and defined under the promulgation of rules consistent with the Administrative Procedure Act.
(5) All vehicle dealers shall maintain ownership or leasehold throughout the license year of the real property from
which they do business. The dealer shall provide the department with evidence of ownership or leasehold whenever the
ownership changes or the lease is terminated.
(6) A subagency shall comply with all requirements of
an established place of business, except that subagency
records may be kept at the principal place of business designated by the dealer. Auction companies shall comply with the
requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local zoning
and building codes for the type of merchandising being conducted. The dealer license certificate shall be posted at the
location. No other requirements of an established place of
business apply to a temporary subagency. Auction companies
are not required to obtain a temporary subagency license.
(8) A wholesale vehicle dealer shall have office facilities
in a commercial building within this state, and all storage
facilities for inventory shall be listed with the department,
and shall meet local zoning and land use ordinances. A
wholesale vehicle dealer shall maintain a telecommunications system. An exterior sign visible from the nearest street
shall identify the business name and the nature of business.
When two or more vehicle dealer businesses share a location,
all records, office facilities, and inventory, if any, must be
physically segregated and clearly identified.
(9) A retail vehicle dealer shall be open during normal
business hours, maintain office and display facilities in a
commercially zoned location or in a location complying with
all applicable building and land use ordinances, and maintain
a business telephone listing in the local directory. When two
or more vehicle dealer businesses share a location, all
records, office facilities, and inventory shall be physically
segregated and clearly identified.
(10) A subagency license is not required for a mobile
home dealer to display an on-site display model, a consigned
mobile home not relocated from its site, or a repossessed
[Title 46 RCW—page 301]
46.70.025
Title 46 RCW: Motor Vehicles
mobile home if sales are handled from a principal place of
business or subagency. A mobile home dealer shall identify
on-site display models, repossessed mobile homes, and those
consigned at their sites with a sign that includes the dealer’s
name and telephone number.
(11) Every vehicle dealer shall advise the department of
the location of each and every place of business of the firm
and the name or names under which the firm is doing business at such location or locations. If any name or location is
changed, the dealer shall notify the department of such
change within ten days. The license issued by the department
shall reflect the name and location of the firm and shall be
posted in a conspicuous place at that location by the dealer.
(12) A vehicle dealer’s license shall upon the death or
incapacity of an individual vehicle dealer authorize the personal representative of such dealer, subject to payment of
license fees, to continue the business for a period of six
months from the date of the death or incapacity. [1997 c 432
§ 1; 1996 c 282 § 1; 1995 c 7 § 1; 1993 c 307 § 5; 1991 c 339
§ 28; 1989 c 301 § 2; 1986 c 241 § 4.]
46.70.025 Established place of business—Waiver of
requirements. The director may by rule waive any requirements pertaining to a vehicle dealer’s established place of
business if such waiver both serves the purposes of this chapter and is necessary due to unique circumstances such as a
location divided by a public street or a highly specialized type
of business. [1986 c 199 § 1.]
46.70.025
46.70.027 Accountability of dealer for employees—
Actions for damages on violation of chapter. A vehicle
dealer is accountable for the dealer’s employees, sales personnel, and managerial personnel while in the performance of
their official duties. Any violations of this chapter or applicable provisions of chapter 46.12 or 46.16 RCW committed by
any of these employees subjects the dealer to license penalties prescribed under RCW 46.70.101. A retail purchaser,
consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from a wholesale dealer, who
has suffered a loss or damage by reason of any act by a dealer,
salesperson, managerial person, or other employee of a dealership, that constitutes a violation of this chapter or applicable provisions of chapter 46.12 or 46.16 RCW may institute
an action for recovery against the dealer and the surety bond
as set forth in RCW 46.70.070. However, under this section,
motor vehicle dealers who have purchased from wholesale
dealers may only institute actions against wholesale dealers
and their surety bonds. [1989 c 337 § 12; 1986 c 241 § 5.]
46.70.027
46.70.028 Consignment. Dealers who transact dealer
business by consignment shall obtain a consignment contract
for sale and shall comply with applicable provisions of chapter 46.70 RCW. The dealer shall place all funds received
from the sale of the consigned vehicle in a trust account until
the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds. Where
title has been delivered to the purchaser, the dealer shall pay
the amount due a consignor within ten days after the sale.
However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay
46.70.028
[Title 46 RCW—page 302]
the consignor within twenty days. [2000 c 131 § 2; 1989 c
337 § 13.]
Severability—2000 c 131: See note following RCW 46.70.115.
46.70.029 Listing dealers, transaction of business.
Listing dealers shall transact dealer business by obtaining a
listing agreement for sale, and the buyer’s purchase of the
mobile home shall be handled as dealer inventory. All funds
from the purchaser shall be placed in a trust account until the
sale is completed, except that the dealer shall pay any outstanding liens against the mobile home from these funds.
Where title has been delivered to the purchaser, the listing
dealer shall pay the amount due a seller within ten days after
the sale of a listed mobile home. A complete account of all
funds received and disbursed shall be given to the seller or
consignor after the sale is completed. The sale of listed
mobile homes imposes the same duty under RCW 46.70.122
on the listing dealer as any other sale. [2001 c 64 § 8; 1990 c
250 § 63; 1986 c 241 § 6.]
46.70.029
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.031 Application for license—Form. A vehicle
dealer or vehicle manufacturer may apply for a license by filing with the department an application in such form as the
department may prescribe. [1986 c 241 § 7; 1973 1st ex.s. c
132 § 4; 1967 ex.s. c 74 § 5.]
46.70.031
46.70.041 Application for license—Contents. (1)
Every application for a vehicle dealer license shall contain
the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the
applicant’s identity, including but not limited to his or her
fingerprints, the honesty, truthfulness, and good reputation of
the applicant for the license, or of the officers of a corporation
making the application;
(b) The applicant’s form and place of organization
including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant’s financial condition or history including a bank reference and whether the applicant or any partner,
officer, or director has ever been adjudged bankrupt or has
any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a
crime which directly relates to the business for which the
license is sought and the time elapsed since the conviction is
less than ten years, or has suffered any judgment within the
preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation
or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle
dealer wishes to sell;
(h) The names and addresses of each manufacturer from
whom the applicant has received a franchise;
(i) A certificate by a representative of the department,
that the applicant’s principal place of business and each sub46.70.041
(2008 Ed.)
Dealers and Manufacturers
agency business location in the state of Washington meets the
location requirements as required by this chapter. The certificate shall include proof of the applicant’s ownership or lease
of the real property where the applicant’s principal place of
business is established;
(j) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring
the applicant, upon demand of any customer receiving a new
vehicle warranty to perform or arrange for, within a reasonable distance of his or her established place of business, the
service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange,
to offer, to auction, to solicit, to advertise, or to broker new or
current-model vehicles with factory or distributor warranties;
(k) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing,
auctioning, soliciting, or advertising, and which classification
or classifications the dealer wishes to be designated as;
(l) Effective July 1, 2002, a certificate from the provider
of each education program or test showing that the applicant
has completed the education programs and passed the test
required under RCW 46.70.079 if the applicant is a dealer
subject to the education and test requirements;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall
contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of
the Washington state representative of the applicant;
(b) The name or names under which the applicant will do
business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee
manufactures;
(e) The name or names and address or addresses of each
and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to
vehicles located in the state of Washington only under the
terms of any warranty attached to new or unused vehicles
manufactured, unless such manufacturer requires warranty
service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require. [2001 c 272 § 3. Prior: 1993 c 307 § 6; 1993 c
175 § 2; 1990 c 250 § 64; 1986 c 241 § 8; 1979 c 158 § 187;
1977 ex.s. c 125 § 2; 1973 1st ex.s. c 132 § 5; 1971 ex.s. c 74
§ 1; 1969 ex.s. c 63 § 2; 1967 ex.s. c 74 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
Requirements of "established place of business": RCW 46.70.023.
46.70.042 Application for license—Retention by
department—Confidentiality. Every application for
license shall be retained by the department for a period of
three years and shall be confidential information for the use
46.70.042
(2008 Ed.)
46.70.051
of the department, the attorney general or the prosecuting
attorney only: PROVIDED, That upon a showing of good
cause therefor any court in which an action is pending by or
against the applicant or licensee, may order the director to
produce and permit the inspection and copying or photographing the application and any accompanying statements.
[1967 ex.s. c 74 § 14.]
46.70.045 Denial of license. The director may deny a
license under this chapter when the application is a subterfuge that conceals the real person in interest whose license
has been denied, suspended, or revoked for cause under this
chapter and the terms have not been fulfilled or a civil penalty
has not been paid, or the director finds that the application
was not filed in good faith. This section does not preclude the
department from taking an action against a current licensee.
[1997 c 432 § 2.]
46.70.045
46.70.051 Issuance of license—Private party dissemination of vehicle database. (1) After the application has
been filed, the fee paid, and bond posted, if required, the
department shall, if no denial order is in effect and no proceeding is pending under RCW 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall
designate the classification of the dealer. Nothing prohibits a
vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11
RCW may sell at auction all classifications of vehicles under
a motor vehicle dealer’s license issued under this chapter
including motor vehicles, miscellaneous type vehicles, and
mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer
license, the department shall provide to the dealer a current,
up-to-date vehicle dealer manual that may be provided electronically setting forth the various statutes and rules applicable to vehicle dealers. In addition, at the time any such license
is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current revisions to the
vehicle dealer manual. These updates or current revisions
may be provided electronically.
(4) The department may contract with responsible private parties to provide them elements of the vehicle database
on a regular basis. The private parties may only disseminate
this information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of
RCW 46.12.380 and the requirements of Executive Order 9701, the department may provide to the contracted private parties the following information:
(i) All vehicle and title data necessary to accurately disclose known title defects, brands, or flags and odometer discrepancies;
(ii) All registered and legal owner information necessary
to determine true ownership of the vehicle and the existence
of any recorded liens, including but not limited to liens of the
department of social and health services or its successor; and
(iii) Any data in the department’s possession necessary
to calculate the motor vehicle excise tax, license, and registration fees including information necessary to determine the
46.70.051
[Title 46 RCW—page 303]
46.70.061
Title 46 RCW: Motor Vehicles
applicability of regional transit authority excise and use tax
surcharges.
(b) The department may provide this information in any
form the contracted private party and the department agree
upon, but if the data is to be transmitted over the Internet or
similar public network from the department to the contracted
private party, it must be encrypted.
(c) The department shall give these contracted private
parties advance written notice of any change in the information referred to in (a)(i), (ii), or (iii) of this subsection, including information pertaining to the calculation of motor vehicle
excise taxes.
(d) The department shall revoke a contract made under
this subsection (4) with a private party who disseminates
information from the vehicle database to anyone other than a
licensed vehicle dealer. A private party who obtains information from the vehicle database under a contract with the
department and disseminates any of that information to anyone other than a licensed vehicle dealer is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle
dealer or any other organization or entity not otherwise
appointed as a vehicle licensing subagent under RCW
46.01.140 to perform any of the functions of a vehicle licensing subagent so appointed. [2001 c 272 § 4; 1997 c 432 § 4;
1996 c 282 § 2; 1993 c 307 § 7; 1989 c 301 § 3; 1973 1st ex.s.
c 132 § 6; 1971 ex.s. c 74 § 2; 1967 ex.s. c 74 § 7.]
46.70.061 Fees—Disposition. (1) The annual fees for
original licenses issued for twelve consecutive months from
the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Seven hundred fifty dollars;
(b) Vehicle dealers, each subagency, and temporary subagency: One hundred dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Two hundred fifty dollars;
(b) Vehicle dealer, each and every subagency: Twentyfive dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal
within thirty days after the expiration of the license, or
assigned renewal date under a staggered licensing system, the
license shall be declared canceled by the director, in which
case the licensee will be required to apply for an original
license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any
license classification issued pursuant to this chapter shall be
twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for
vehicle license plates exclusive of excise tax and gross
weight and tonnage fees.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle
fund.
(6) The fees prescribed in this section are in addition to
any excise taxes imposed by chapter 82.44 RCW. [2002 c
46.70.061
[Title 46 RCW—page 304]
352 § 23; 1990 c 250 § 65; 1986 c 241 § 10; 1986 c 241 § 9;
1979 ex.s. c 251 § 1; 1973 1st ex.s. c 132 § 7; 1967 ex.s. c 74
§ 13.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1986 c 241: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately, except section 9 of this act shall take effect July 1, 1986, and section
10 of this act shall take effect July 1, 1987." [1986 c 241 § 28.]
46.70.070 Dealers—Bond required, exceptions—
Actions—Cancellation of license. (1) Before issuing a vehicle dealer’s license, the department shall require the applicant
to file with the department a surety bond in the amount of:
(a) Thirty thousand dollars for motor vehicle dealers;
(b) Thirty thousand dollars for mobile home, park trailer,
and travel trailer dealers;
(c) Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a surety company authorized to do business in the state. Such bond shall be approved
by the attorney general as to form and conditioned that the
dealer shall conduct his or her business in conformity with
the provisions of this chapter.
Any retail purchaser, consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from,
sold to, or otherwise transacted business with a wholesale
dealer, who has suffered any loss or damage by reason of any
act by a dealer which constitutes a violation of this chapter
shall have the right to institute an action for recovery against
such dealer and the surety upon such bond. However, under
this section, motor vehicle dealers who have purchased from,
sold to, or otherwise transacted business with wholesale dealers may only institute actions against wholesale dealers and
their surety bonds. Successive recoveries against said bond
shall be permitted, but the aggregate liability of the surety to
all persons shall in no event exceed the amount of the bond.
Upon exhaustion of the penalty of said bond or cancellation
of the bond by the surety the vehicle dealer license shall automatically be deemed canceled.
(2) The bond for any vehicle dealer licensed or to be
licensed under more than one classification shall be the highest bond required for any such classification.
(3) Vehicle dealers shall maintain a bond for each business location in this state and bond coverage for all temporary
subagencies. [2001 c 272 § 13; 1996 c 194 § 2; 1989 c 337 §
15; 1986 c 241 § 11; 1981 c 152 § 1; 1973 1st ex.s. c 132 § 8;
1971 ex.s. c 74 § 4; 1967 ex.s. c 74 § 27; 1961 c 239 § 1; 1961
c 12 § 46.70.070. Prior: 1959 c 166 § 19; 1951 c 150 § 8.]
46.70.070
46.70.075 Manufacturers—Bond required—
Actions—Cancellation of license. Before issuing a manufacturer license to a manufacturer of mobile homes or travel
trailers, the department shall require the applicant to file with
the department a surety bond in the amount of forty thousand
dollars in the case of a mobile home manufacturer and twenty
thousand dollars in the case of a travel trailer manufacturer,
running to the state and executed by a surety company authorized to do business in the state. Such bond shall be approved
by the attorney general as to form and conditioned that the
manufacturer shall conduct his business in conformity with
46.70.075
(2008 Ed.)
Dealers and Manufacturers
the provisions of this chapter and with all standards set by the
state of Washington or the federal government pertaining to
the construction or safety of such vehicles. Any retail purchaser or vehicle dealer who has suffered any loss or damage
by reason of breach of warranty or by any act by a manufacturer which constitutes a violation of this chapter or a violation of any standards set by the state of Washington or the
federal government pertaining to construction or safety of
such vehicles has the right to institute an action for recovery
against such manufacturer and the surety upon such bond.
Successive recoveries against the bond shall be permitted, but
the aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. Upon exhaustion of the
penalty of the bond or cancellation of the bond by the surety
the manufacturer license is automatically deemed canceled.
[1981 c 152 § 3; 1973 1st ex.s. c 132 § 9.]
46.70.079 Education requirements. (1) Except as provided in subsection (2) of this section, the following education requirements apply to an applicant for a vehicle dealer
license under RCW 46.70.021:
(a) An applicant for a vehicle dealer license under RCW
46.70.021 must complete a minimum of eight hours of
approved education programs described in subsection (3) of
this section and pass a test prior to submitting an application
for the license; and
(b) An applicant for a renewal of a vehicle dealer license
under RCW 46.70.083 must complete a minimum of five
hours per year in a licensing period of approved continuing
education programs described in subsection (3) of this section prior to submitting an application for the renewal of the
vehicle dealer license.
(2) The education and test requirements in subsection (1)
of this section do not apply to an applicant for a vehicle dealer
license under RCW 46.70.021 if the applicant is:
(a) A franchised dealer of new recreational vehicles;
(b) A nationally franchised or corporate-owned motor
vehicle rental company;
(c) A dealer of manufactured dwellings;
(d) A national auction company that holds a vehicle
dealer license and a wrecker license whose primary activity
in this state is the sale or disposition of totaled vehicles; or
(e) A wholesale auto auction company that holds a vehicle dealer license.
(3) The education programs and test required in subsection (1) of this section shall be developed by motor vehicle
industry organizations including, but not limited to, the state
independent auto dealers association and the department of
licensing.
(4) A new motor vehicle dealer, as defined under RCW
46.96.020, is deemed to have met the education and test
requirements required for applicants for a vehicle dealer
license under this section. [2001 c 272 § 12.]
46.70.079
Effective date—2001 c 272 § 12: "Section 12 of this act takes effect
July 1, 2002." [2001 c 272 § 14.]
46.70.083 Expiration of license—Renewal—Certification of established place of business. The license of a
vehicle dealer or a vehicle manufacturer expires on the date
that is twelve consecutive months from the date of issuance.
The license may be renewed by filing with the department
46.70.083
(2008 Ed.)
46.70.090
prior to the expiration of the license, a renewal application
containing such information as the department may require to
indicate the number of vehicle sales transacted during the
past year, and any material change in the information contained in the original application. Failure by the dealer to
comply is grounds for denial of the renewal application or
dealer license plate renewal.
The dealer’s established place of business shall be certified by a representative of the department at least once every
thirty-six months, or more frequently as determined necessary by the department. The certification will verify compliance with the requirements of this chapter for an established
place of business. Failure by the dealer to comply at any time
is grounds for license suspension or revocation, denial of the
renewal application, or monetary assessment. [1993 c 307 §
8; 1991 c 140 § 2; 1990 c 250 § 66; 1986 c 241 § 12; 1985 c
109 § 1; 1973 1st ex.s. c 132 § 12; 1971 ex.s. c 74 § 6; 1967
ex.s. c 74 § 10.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.085 Licenses—Staggered renewal. Notwithstanding any provision of law to the contrary, the director
may extend or diminish licensing periods of dealers and manufacturers for the purpose of staggering renewal periods. The
extension or diminishment shall be by rule of the department
adopted in accordance with chapter 34.05 RCW. [1990 c 250
§ 67; 1985 c 109 § 2.]
46.70.085
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.090 License plates—Use. (1) The department
shall issue a vehicle dealer license plate which shall be
attached to the rear of the vehicle only and which is capable
of distinguishing the classification of the dealer, to vehicle
dealers properly licensed pursuant to this chapter and shall,
upon application, issue manufacturer’s license plates to manufacturers properly licensed pursuant to this chapter.
(2) The department shall issue to a vehicle dealer up to
three vehicle dealer license plates. After the third dealer plate
is issued, the department shall limit the number of dealer
plates to six percent of the vehicles sold during the preceding
license period. For an original license the vehicle dealer
license applicant shall estimate the first year’s sales or leases.
The director or director’s designee may waive these dealer
plate issuance restrictions for a vehicle dealer if the waiver
both serves the purposes of this chapter and is essential to the
continuation of the business. The director shall adopt rules to
implement this waiver.
(3) Motor vehicle dealer license plates may be used:
(a) To demonstrate motor vehicles held for sale or lease
when operated by an individual holding a valid operator’s
license, if a dated demonstration permit, valid for no more
than seventy-two hours, is carried in the vehicle at all times it
is operated by any such individual.
(b) On motor vehicles owned, held for sale or lease, and
which are in fact available for sale or lease by the firm when
operated by an officer of the corporation, partnership, or proprietorship or by their spouses, or by an employee of the firm,
if a card so identifying any such individual is carried in the
vehicle at all times it is operated by such individual. Any such
vehicle so operated may be used to transport the dealer’s own
46.70.090
[Title 46 RCW—page 305]
46.70.101
Title 46 RCW: Motor Vehicles
tools, parts, and equipment of a total weight not to exceed
five hundred pounds.
(c) On motor vehicles being tested for repair.
(d) On motor vehicles being moved to or from a motor
vehicle dealer’s place of business for sale.
(e) On motor vehicles being moved to or from motor
vehicle service and repair facilities before sale or lease.
(f) On motor vehicles being moved to or from motor
vehicle exhibitions within the state of Washington, if any
such exhibition does not exceed a period of twenty days.
(4) Mobile home and travel trailer dealer license plates
may be used:
(a) On units hauled to or from the place of business of the
manufacturer and the place of business of the dealer or to and
from places of business of the dealer.
(b) On mobile homes hauled to a customer’s location for
set-up after sale.
(c) On travel trailers held for sale to demonstrate the
towing capability of the vehicle if a dated demonstration permit, valid for not more than seventy-two hours, is carried
with the vehicle at all times.
(d) On mobile homes being hauled from a customer’s
location if the requirements of RCW 46.44.170 and
46.44.175 are met.
(e) On any motor vehicle owned by the dealer which is
used only to move vehicles legally bearing mobile home and
travel trailer dealer license plates of the dealer so owning any
such motor vehicle.
(f) On vehicles being moved to or from vehicle exhibitions within the state of Washington, if any such exhibition
does not exceed a period of twenty days.
(5) Miscellaneous vehicle dealer license plates may be
used:
(a) To demonstrate any miscellaneous vehicle: PROVIDED, That:
(i) No such vehicle may be demonstrated on a public
highway unless the customer has an appropriate endorsement
on his or her driver’s license, if such endorsement is required
to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more than
seventy-two hours, is carried with the vehicle at all times it is
operated by any such individual.
(b) On vehicles owned, held for sale, and which are in
fact available for sale, by the firm when operated by an
officer of the corporation, partnership, or proprietorship or by
a bona fide full-time employee of the firm, if a card so identifying such individual is carried in the vehicle at all times it
is operated by him or her.
(c) On vehicles being tested for repair.
(d) On vehicles being transported to or from the place of
business of the manufacturer and the place of business of the
dealer or to and from places of business of the dealer.
(e) On vehicles on which any other item sold or to be
sold by the dealer is transported from the place of business of
the manufacturer to the place of business of the dealer or to
and from places of business of the dealer if such vehicle and
such item are purchased or sold as one package.
(6) Manufacturers properly licensed pursuant to this
chapter may apply for and obtain manufacturer license plates
and may be used:
[Title 46 RCW—page 306]
(a) On vehicles being moved to or from the place of business of a manufacturer to a vehicle dealer within this state
who is properly licensed pursuant to this chapter.
(b) To test vehicles for repair.
(7) Vehicle dealer license plates and manufacturer
license plates shall not be used for any purpose other than set
forth in this section and specifically shall not be:
(a) Used on any vehicle not within the class for which the
vehicle dealer or manufacturer license plates are issued
unless specifically provided for in this section.
(b) Loaned to any person for any reason not specifically
provided for in this section.
(c) Used on any vehicles for the transportation of any
person, produce, freight, or commodities unless specifically
provided for in this section, except there shall be permitted
the use of such vehicle dealer license plates on a vehicle
transporting commodities in the course of a demonstration
over a period not to exceed seventy-two consecutive hours
from the commencement of such demonstration, if a representative of the dealer is present and accompanies such vehicle during the course of the demonstration.
(d) Used on any vehicle sold to a resident of another state
to transport such vehicle to that other state in lieu of a trip
permit or in lieu of vehicle license plates obtained from that
other state.
(e) Used on any new vehicle unless the vehicle dealer
has provided the department a current service agreement with
the manufacturer or distributor of that vehicle as provided in
RCW 46.70.041(1)(k).
(8) In addition to or in lieu of any sanction imposed by
the director pursuant to RCW 46.70.101 for unauthorized use
of vehicle dealer license plates or manufacturer license
plates, the director may order that any or all vehicle dealer
license plates or manufacturer license plates issued pursuant
to this chapter be confiscated for such period as the director
deems appropriate. [2001 c 272 § 5; 1994 c 262 § 10; 1992 c
222 § 2; 1991 c 140 § 1; 1983 c 3 § 123; 1981 c 152 § 4; 1973
1st ex.s. c 132 § 13; 1971 ex.s. c 74 § 7; 1969 ex.s. c 63 § 3;
1961 c 12 § 46.70.090. Prior: 1955 c 283 § 1; 1951 c 150 §
10.]
46.70.101 Denial, suspension, or revocation of
licenses—Grounds. The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle
manufacturer or, in lieu thereof or in addition thereto, may by
order assess monetary penalties of a civil nature not to exceed
one thousand dollars per violation, if the director finds that
the order is in the public interest and that the applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer,
director, owner of ten percent or more of the assets of the
firm, or managing employee:
(i) Was the holder of a license issued pursuant to this
chapter, which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly
relates to the business of a vehicle dealer and the time elapsed
46.70.101
(2008 Ed.)
Dealers and Manufacturers
since the adjudication is less than ten years, or suffering any
judgment within the preceding five years in any civil action
involving fraud, misrepresentation, or conversion. For the
purposes of this section, adjudged guilty shall mean in addition to a final conviction in either a state or municipal court,
an unvacated forfeiture of bail or collateral deposited to
secure a defendant’s appearance in court, the payment of a
fine, a plea of guilty, or a finding of guilt regardless of
whether the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false
statement of a material fact in his or her application for
license or any data attached thereto, or in any matter under
investigation by the department;
(iv) Has knowingly, or with reason to know, provided
the department with false information relating to the number
of vehicle sales transacted during the past one year in order to
obtain a vehicle dealer license plate;
(v) Does not have an established place of business as
required in this chapter;
(vi) Refuses to allow representatives or agents of the
department to inspect during normal business hours all
books, records, and files maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits,
or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid,
written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same, except
for sales by wholesale motor vehicle auction dealers to franchise motor vehicle dealers of the same make licensed under
Title 46 RCW or franchise motor vehicle dealers of the same
make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities
exceed their assets, or in the sense that they cannot meet their
obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by
the director pursuant to this section within ten days after such
assessment becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to
commit any of the prohibited practices set forth in subsection
(1)(a) of this section and RCW 46.70.180;
(xii) Fails to have a current certificate or registration
with the department of revenue.
(b) The applicant or licensee, or any partner, officer,
director, owner of ten percent of the assets of the firm, or any
employee or agent:
(i) Has failed to comply with the applicable provisions of
chapter 46.12 or 46.16 RCW or this chapter or any rules and
regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or a
political subdivision thereof of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal
owner on a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her
possession any vehicle which he or she knows or has reason
to know has been stolen or appropriated without the consent
of the owner;
(2008 Ed.)
46.70.101
(v) Has willfully failed to deliver to a purchaser or owner
a certificate of ownership to a vehicle which he or she has
sold or leased;
(vi) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or
safety of the citizens of the state of Washington including but
not limited to failure to comply with standards set by the state
of Washington or the federal government pertaining to the
construction or safety of vehicles, except for sales by wholesale motor vehicle auction dealers to motor vehicle dealers
and vehicle wreckers licensed under Title 46 RCW or motor
vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;
(x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer,
or manufacturer, without the consent of the owner of the
property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and then rebuilt; or
(C) The vehicle title contains the specific comment that
the vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or
owner of ten percent or more of the assets of the firm holds or
has held any such position in any other vehicle dealership
licensed pursuant to this chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer,
director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to
this chapter which was revoked for cause and never reissued
by the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(b) Has knowingly or with reason to know, made a false
statement of a material fact in his or her application for
license, or any data attached thereto, or in any matter under
investigation by the department;
(c) Has failed to comply with the applicable provisions
of chapter 46.12 or 46.16 RCW or this chapter or any rules
and regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or a
political subdivision thereof, of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his
or her possession, any vehicle which he or she knows or has
reason to know has been stolen or appropriated without the
consent of the owner;
[Title 46 RCW—page 307]
46.70.102
Title 46 RCW: Motor Vehicles
(f) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this
state for resale or for lease, any new or unused vehicle to
which a warranty attaches or has attached and refuses to
honor the terms of such warranty within a reasonable time or
repudiates the same;
(i) Fails to maintain one or more resident employees or
agents to provide service or repairs to vehicles located within
the state of Washington only under the terms of any warranty
attached to new or unused vehicles manufactured and which
are or have been sold or distributed in this state or transferred
into this state for resale or for lease unless such manufacturer
requires warranty service to be performed by all of its dealers
pursuant to a current service agreement on file with the
department;
(j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith
incurs reasonable obligations in giving effect to warranties
that attach or have attached to any new or unused vehicle
sold, leased, or distributed in this state or transferred into this
state for resale or for lease by any such manufacturer;
(k) Engaged in practices inimical to the health and safety
of the citizens of the state of Washington including but not
limited to failure to comply with standards set by the state of
Washington or the federal government pertaining to the construction and safety of vehicles;
(l) Is insolvent either in the sense that his or her liabilities
exceed his or her assets or in the sense that he or she cannot
meet his or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183. [2001 c
272 § 6; 1998 c 282 § 7; 1996 c 282 § 3; 1991 c 140 § 3; 1989
c 337 § 16; 1986 c 241 § 13; 1981 c 152 § 5; 1977 ex.s. c 125
§ 3; 1973 1st ex.s. c 132 § 14; 1969 ex.s. c 63 § 4; 1967 ex.s.
c 74 § 11.]
46.70.102
46.70.102 Denial, suspension, or revocation of
licenses—Notice, hearing, procedure. Upon the entry of
the order under RCW 46.70.101 the director shall promptly
notify the applicant or licensee that the order has been entered
and of the reasons therefor and that if requested by the applicant or licensee within fifteen days after the receipt of the
director’s notification, the matter will be promptly set down
for hearing pursuant to chapter 34.05 RCW. If no hearing is
requested and none is ordered by the director, the order will
remain in effect until it is modified or vacated by the director.
If a hearing is requested or ordered, the director, or his personal representative, after notice of and opportunity for hearing, may modify or vacate the order, or extend it until final
determination. No final order may be entered under RCW
46.70.101 denying or revoking a license without appropriate
prior notice to the applicant or licensee, opportunity for hearing, and written findings of fact and conclusions of law.
[1986 c 241 § 14; 1967 ex.s. c 74 § 12.]
[Title 46 RCW—page 308]
46.70.111 Investigations or proceedings—Powers of
director or designees—Penalty. For the purpose of any
investigation or proceeding under this chapter, the director or
any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
(1) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him to appear before the director, or
the officer designated by him, to produce documentary or
other evidence touching the matter under investigation or in
question. The failure to obey an order of the court may be
punishable by contempt. [1967 ex.s. c 74 § 15.]
46.70.111
46.70.115 Cease and desist orders—Penalty, "curbstoning" defined. (1) If it appears to the director that a person has engaged or is about to engage in an act or practice
constituting a violation of this chapter, or a rule adopted or an
order issued under this chapter, the director may issue an
order directing the person to cease and desist from continuing
the act or practice. Reasonable notice of and opportunity for
a hearing shall be given. The director may issue a temporary
order pending a hearing. The temporary order shall remain in
effect until ten days after the hearing is held and shall become
final if the person to whom the notice is addressed does not
request a hearing within fifteen days after receipt of the
notice.
(2) The director may levy and collect a civil penalty, in
an amount not to exceed one thousand dollars for each violation, against a person found by the director to be curbstoning,
as that term is defined in subsection (3) of this section. A person against whom a civil penalty has been imposed must
receive reasonable notice and an opportunity for a hearing on
the issue. The civil penalty is due ten days after issuance of a
final order.
(3) For the purposes of subsection (2) of this section,"curbstoning" means a person or firm engaged in buying
and offering for sale, or buying and selling, five or more vehicles that are each less than thirty years old in a twelve-month
period without holding a vehicle dealer license. For the purpose of subsections (1) and (2) of this section, "curbstoning"
does not include the sale of equipment or vehicles used in
farming as defined in RCW 46.04.183 and sold by a farmer as
defined in RCW 46.04.182. [2000 c 131 § 1; 1986 c 241 §
15.]
46.70.115
Severability—2000 c 131: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 131 § 3.]
46.70.120 Record of transactions. A dealer shall complete and maintain for a period of at least five years a record
of the purchase and sale or lease of all vehicles purchased,
sold, or leased by him or her. The records shall consist of:
(1) The license and title numbers of the state in which the
last license was issued;
(2) A description of the vehicle;
46.70.120
(2008 Ed.)
Dealers and Manufacturers
(3) The name and address of the person from whom purchased;
(4) The name of the legal owner, if any;
(5) The name and address of the purchaser or lessee;
(6) If purchased from a dealer, the name, business
address, dealer license number, and resale tax number of the
dealer;
(7) The price paid for the vehicle and the method of payment;
(8) The vehicle odometer disclosure statement given by
the seller to the dealer, and the vehicle odometer disclosure
statement given by the dealer to the purchaser or lessee;
(9) The written agreement to allow a dealer to sell
between the dealer and the consignor, or the listing dealer and
the seller;
(10) Trust account records of receipts, deposits, and
withdrawals;
(11) All sale documents, which shall show the full name
of dealer employees involved in the sale or lease; and
(12) Any additional information the department may
require. However, the department may not require a dealer to
collect or retain the hardback copy of a temporary license
permit after the permanent license plates for a vehicle have
been provided to the purchaser or lessee, if the dealer maintains some other copy of the temporary license permit
together with a log of the permits issued.
Such records shall be maintained separate from all other
business records of the dealer. Records older than two years
may be kept at a location other than the dealer’s place of business if those records are made available in hard copy for
inspection within three calendar days, exclusive of Saturday,
Sunday, or a legal holiday, after a request by the director or
the director’s authorized agent. Records kept at the vehicle
dealer’s place of business must be available for inspection by
the director or the director’s authorized agent during normal
business hours.
Dealers may maintain their recordkeeping and filing systems in accordance with their own particular business needs
and practices. Nothing in this chapter requires dealers to
maintain their records in any particular order or manner, as
long as the records identified in this section are maintained in
the dealership’s recordkeeping system. [2001 c 272 § 7;
1996 c 282 § 4; 1990 c 238 § 7; 1986 c 241 § 16; 1973 1st
ex.s. c 132 § 15; 1961 c 12 § 46.70.120. Prior: 1951 c 150 §
15.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Odometer disclosure statement: RCW 46.12.124.
46.70.122 Duty when purchaser or transferee is a
dealer. (1) If the purchaser or transferee is a dealer he or she
shall, on selling, leasing, or otherwise disposing of the vehicle, promptly execute the assignment and warranty of title, in
such form as the director shall prescribe.
(2) The assignment and warranty shall show any secured
party holding a security interest created or reserved at the
time of resale or lease, to which shall be attached the assigned
certificates of ownership and license registration received by
the dealer. The dealer shall mail or deliver them to the department with the transferee’s application for the issuance of new
certificates of ownership and license registration. The title
46.70.122
(2008 Ed.)
46.70.130
certificate issued for a vehicle possessed by a dealer and subject to a security interest shall be delivered to the secured
party who upon request of the dealer’s transferee shall, unless
the transfer was a breach of the security agreement, either
deliver the certificate to the transferee for transmission to the
department, or upon receipt from the transferee of the
owner’s bill of sale or sale document, the transferee’s application for a new certificate and the required fee, mail or
deliver to the department. Failure of a dealer to deliver the
title certificate to the secured party does not affect perfection
of the security interest. [2001 c 272 § 8; 1990 c 238 § 5; 1975
c 25 § 11; 1972 ex.s. c 99 § 3; 1967 c 140 § 2; 1961 c 12 §
46.12.120. Prior: 1959 c 166 § 10; prior: 1947 c 164 § 4(c);
1937 c 188 § 6(c); Rem. Supp. 1947 § 6312-6(c). Formerly
RCW 46.12.120.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.70.124 Evidence of ownership for dealers’ used
vehicles—Consignments. Vehicle dealers shall possess a
separate certificate of ownership or other evidence of ownership approved by the department for each used vehicle kept in
the dealer’s possession. Evidence of ownership shall be either
in the name of the dealer or in the name of the dealer’s immediate vendor properly assigned. In the case of consigned vehicles, the vehicle dealer may possess a completed consignment contract that includes a guaranteed title from the seller
in lieu of the required certificate of ownership. [1994 c 262 §
11; 1990 c 250 § 29; 1961 c 12 § 46.12.140. Prior: 1959 c
166 § 12; prior: 1947 c 164 § 4(e); 1937 c 188 § 6(e); Rem.
Supp. 1947 § 6312-6(e). Formerly RCW 46.12.140.]
46.70.124
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.125 Used vehicles—Asking price, posting or
disclosure. A vehicle dealer who sells used vehicles shall
either display on the vehicle, or disclose upon request, the
written asking price of a specific vehicle offered for sale by
the dealer as of that time.
A violation of this section is an unfair business practice
under chapter 19.86 RCW, the Consumer Protection Act, and
the provisions of chapter 46.70 RCW. [1986 c 165 § 1.]
46.70.125
46.70.130 Details of charges must be furnished buyer
or mortgagor. (1) Before the execution of a contract or chattel mortgage or the consummation of the sale or lease of any
vehicle, the seller must furnish the buyer or lessee an itemization in writing signed by the seller separately disclosing to the
buyer or lessee the finance charge, insurance costs, taxes, and
other charges which are paid or to be paid by the buyer or lessee.
(2) Notwithstanding subsection (1) of this section, an
itemization of the various license and title fees paid or to be
paid by the buyer or lessee, which itemization must be the
same as that disclosed on the registration/application for title
document issued by the department, may be required only on
the title application at the time the application is submitted
for title transfer. A vehicle dealer may not be required to separately or individually itemize the license and title fees on
46.70.130
[Title 46 RCW—page 309]
46.70.132
Title 46 RCW: Motor Vehicles
any other document, including but not limited to the purchase
order and lease agreement. No fee itemization may be
required on the temporary permit. [2001 c 272 § 9; 1996 c
282 § 5; 1973 1st ex.s. c 132 § 16; 1961 c 12 § 46.70.130.
Prior: 1951 c 150 § 16.]
46.70.132 Manufactured home sale—Implied warranty. (1) In addition to the requirements contained in RCW
46.70.135, each sale of a new manufactured home in this
state is made with an implied warranty that the manufactured
home conforms in all material aspects to applicable federal
and state laws and regulations establishing standards of
safety or quality, and with implied warranties of merchantability and fitness for a particular purpose as permanent housing in the climate of the state.
(2) The implied warranties contained in this section may
not be waived, limited, or modified. Any provision that
attempts to waive, limit, or modify the implied warranties
contained in this section is void and unenforceable. [1994 c
284 § 9.]
46.70.132
Severability—Effective date—1994 c 284: See RCW 43.22A.900 and
43.22A.901.
46.70.134 Manufactured home installation—Warranty, state installation code. Any dealer, manufacturer, or
contractor who installs a manufactured home warrants that
the manufactured home is installed in accordance with the
state installation code, chapter 296-150B WAC. The warranty contained in this section may not be waived, limited, or
modified. Any provision attempting to waive, limit, or modify the warranty contained in this section is void and unenforceable. This section does not apply when the manufactured home is installed by the purchaser of the home. [1994
c 284 § 10.]
46.70.134
Severability—Effective date—1994 c 284: See RCW 43.22A.900 and
43.22A.901.
46.70.135 Mobile homes—Warranties and inspections—Delivery—Occupancy—Advertising of dimensions. Mobile home manufacturers and mobile home dealers
who sell mobile homes to be assembled on site and used as
residences in this state shall conform to the following
requirements:
(1) No new manufactured home may be sold unless the
purchaser is provided with a manufacturer’s written warranty
for construction of the home in compliance with the Magnuson-Moss Warranty Act (88 Stat. 2183; 15 U.S.C. Sec. 47 et
seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the
purchaser is provided with a dealer’s written warranty for all
installation services performed by the dealer.
(3) The warranties required by subsections (1) and (2) of
this section shall be valid for a minimum of one year measured from the date of delivery and shall not be invalidated by
resale by the original purchaser to a subsequent purchaser or
by the certificate of ownership being eliminated or not issued
as described in chapter 65.20 RCW. Copies of the warranties
shall be given to the purchaser upon signing a purchase
agreement and shall include an explanation of remedies
available to the purchaser under state and federal law for
breach of warranty, the name and address of the federal
46.70.135
[Title 46 RCW—page 310]
department of housing and urban development and the state
departments of licensing and labor and industries, and a brief
description of the duties of these agencies concerning mobile
homes.
(4) Warranty service shall be completed within fortyfive days after the owner gives written notice of the defect
unless there is a bona fide dispute between the parties. Warranty service for a defect affecting health or safety shall be
completed within seventy-two hours of receipt of written
notice. Warranty service shall be performed on site and a
written work order describing labor performed and parts used
shall be completed and signed by the service agent and the
owner. If the owner’s signature cannot be obtained, the reasons shall be described on the work order. Work orders shall
be retained by the dealer or manufacturer for a period of three
years.
(5) Before delivery of possession of the home to the purchaser, an inspection shall be performed by the dealer or his
or her agent and by the purchaser or his or her agent which
shall include a test of all systems of the home to insure proper
operation, unless such systems test is delayed pursuant to this
subsection. At the time of the inspection, the purchaser shall
be given copies of all documents required by state or federal
agencies to be supplied by the manufacturer with the home
which have not previously been provided as required under
subsection (3) of this section, and the dealer shall complete
any required purchaser information card and forward the card
to the manufacturer. A purchaser is deemed to have taken
delivery of the manufactured home when all three of the following events have occurred: (a) The contractual obligations
between the purchaser and the seller have been met; (b) the
inspection of the home is completed; and (c) the systems test
of the home has been completed subsequent to the installation of the home, or fifteen days has elapsed since the transport of the home to the site where it will be installed, whichever is earlier. Occupancy of the manufactured home shall
only occur after the systems test has occurred and all required
utility connections have been approved after inspection.
(6) Manufacturer and dealer advertising which states the
dimensions of a home shall not include the length of the draw
bar assembly in a listed dimension, and shall state the square
footage of the actual floor area. [1994 c 284 § 11; 1989 c 343
§ 22; 1981 c 304 § 36.]
Severability—Effective date—1994 c 284: See RCW 43.22A.900 and
43.22A.901.
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Manufactured home installation and warranty service: RCW 43.22.440,
43.22.442.
Manufactured home safety and construction standards, inspections, etc.:
RCW 43.22.431 through 43.22.434.
46.70.137
Violations
relating
mobile/manufactured homes. See RCW 18.27.117.
46.70.137
to
46.70.140 Handling "hot" vehicles—Unreported
motor "switches"—Unauthorized use of dealer plates—
Penalty. Any vehicle dealer who knowingly or with reason
to know, buys or receives, sells or disposes of, conceals or
has in the dealer’s possession, any vehicle from which the
46.70.140
(2008 Ed.)
Dealers and Manufacturers
motor or serial number has been removed, defaced, covered,
altered, or destroyed, or any dealer, who removes from or
installs in any motor vehicle registered with the department
by motor block number, a new or used motor block without
immediately notifying the department of such fact upon a
form provided by the department, or any vehicle dealer who
loans or permits the use of vehicle dealer license plates by
any person not entitled to the use thereof, is guilty of a gross
misdemeanor. [1993 c 307 § 9; 1973 1st ex.s. c 132 § 17;
1971 ex.s. c 74 § 8; 1967 c 32 § 79; 1961 c 12 § 46.70.140.
Prior: 1951 c 150 § 11.]
46.70.160 Rules and regulations. The director may
make any reasonable rules and regulations not inconsistent
with the provisions of chapter 46.70 RCW relating to the
enforcement and proper operation thereof. [1961 c 12 §
46.70.160. Prior: 1959 c 166 § 21.]
46.70.160
46.70.170 Penalty for violations. It is a misdemeanor
for any person to violate any of the provisions of this chapter,
except where expressly provided otherwise, and the rules
adopted as provided under this chapter. [1986 c 241 § 17;
1965 c 68 § 5.]
46.70.170
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.70.180 Unlawful acts and practices. Each of the
following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not
limited to the following:
(a) That no down payment is required in connection with
the sale of a vehicle when a down payment is in fact required,
or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle
may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service
charge to be charged for financing, without stating whether
this percentage charge is a monthly amount or an amount to
be charged per year;
(d) That a new vehicle will be sold for a certain amount
above or below cost without computing cost as the exact
amount of the factory invoice on the specific vehicle to be
sold;
(e) That a vehicle will be sold upon a monthly payment
of a certain amount, without including in the statement the
number of payments of that same amount which are required
to liquidate the unpaid purchase price.
(2)(a) To incorporate within the terms of any purchase
and sale or lease agreement any statement or representation
with regard to the sale, lease, or financing of a vehicle which
is false, deceptive, or misleading, including but not limited to
terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer
of title of that vehicle which is not actually due to the state,
46.70.180
(2008 Ed.)
46.70.180
unless such amount has in fact been paid by the dealer prior
to such sale. However, an amount not to exceed fifty dollars
per vehicle sale or lease may be charged by a dealer to
recover administrative costs for collecting motor vehicle
excise taxes, licensing and registration fees and other agency
fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests,
and other administrative and documentary services rendered
by a dealer in connection with the sale or lease of a vehicle
and in carrying out the requirements of this chapter or any
other provisions of state law.
(b) A dealer may charge the documentary service fee in
(a) of this subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to
a prospective purchaser or lessee before the execution of a
purchase and sale or lease agreement;
(ii) The documentary service fee is not represented to the
purchaser or lessee as a fee or charge required by the state to
be paid by either the dealer or prospective purchaser or lessee;
(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle
and from any other taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to fifty dollars may be
added to the sale price or the capitalized cost.
For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a
dealer to provide the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan
by which vehicles are to be sold or leased to a person for a
consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase
and in turn agreeing to secure one or more persons likewise to
join in said plan, each purchaser or lessee being given the
right to secure money, credits, goods, or something of value,
depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing"
which is defined as follows: Entering into a written contract,
written purchase order or agreement, retail installment sales
agreement, note and security agreement, or written lease
agreement, hereinafter collectively referred to as contract or
lease, signed by the prospective buyer or lessee of a vehicle,
which:
(a) Is subject to any conditions or the dealer’s or his or
her authorized representative’s future acceptance, and the
dealer fails or refuses within four calendar days, exclusive of
Saturday, Sunday, or legal holiday, and prior to any further
negotiations with said buyer or lessee to inform the buyer or
lessee either: (i) That the dealer unconditionally accepts the
contract or lease, having satisfied, removed, or waived all
conditions to acceptance or performance, including, but not
limited to, financing, assignment, or lease approval; or (ii)
that the dealer rejects the contract or lease, thereby automatically voiding the contract or lease, as long as such voiding
does not negate commercially reasonable contract or lease
provisions pertaining to the return of the subject vehicle and
any physical damage, excessive mileage after the demand for
return of the vehicle, and attorneys’ fees authorized by law,
[Title 46 RCW—page 311]
46.70.180
Title 46 RCW: Motor Vehicles
and tenders the refund of any initial payment or security
made or given by the buyer or lessee, including, but not limited to, any down payment, and tenders return of the trade-in
vehicle, key, other trade-in, or certificate of title to a trade-in.
Tender may be conditioned on return of the subject vehicle if
previously delivered to the buyer or lessee.
The provisions of this subsection (4)(a) do not impair,
prejudice, or abrogate the rights of a dealer to assert a claim
against the buyer or lessee for misrepresentation or breach of
contract and to exercise all remedies available at law or in
equity, including those under chapter 62A.9A RCW, if the
dealer, bank, or other lender or leasing company discovers
that approval of the contract or financing or approval of the
lease was based upon material misrepresentations made by
the buyer or lessee, including, but not limited to, misrepresentations regarding income, employment, or debt of the
buyer or lessee, as long as the dealer, or his or her staff, has
not, with knowledge of the material misrepresentation, aided,
assisted, encouraged, or participated, directly or indirectly, in
the misrepresentation. A dealer shall not be in violation of
this subsection (4)(a) if the buyer or lessee made a material
misrepresentation to the dealer, as long as the dealer, or his or
her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated,
directly or indirectly, in the misrepresentation.
When a dealer informs a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or
rejection of the contract, lease, or financing by an electronic
mail message, the dealer must also transmit the communication by any additional means;
(b) Permits the dealer to renegotiate a dollar amount
specified as trade-in allowance on a vehicle delivered or to be
delivered by the buyer or lessee as part of the purchase price
or lease, for any reason except:
(i) Failure to disclose that the vehicle’s certificate of
ownership has been branded for any reason, including, but
not limited to, status as a rebuilt vehicle as provided in RCW
46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical
defect occurring before the dealer took possession of the
vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the
mileage. "Excessive additional miles" means the addition of
five hundred miles or more, as reflected on the vehicle’s
odometer, between the time the vehicle was first valued by
the dealer for purposes of determining its trade-in value and
the time of actual delivery of the vehicle to the dealer. "A
discrepancy in the mileage" means (A) a discrepancy
between the mileage reflected on the vehicle’s odometer and
the stated mileage on the signed odometer statement; or (B) a
discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written
warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such
offenses are defined in RCW 46.37.540, 46.37.550,
46.37.560, and 46.37.570. A violation of this subsection is a
class C felony punishable under chapter 9A.20 RCW.
[Title 46 RCW—page 312]
(6) For any vehicle dealer or vehicle salesperson to
refuse to furnish, upon request of a prospective purchaser or
lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or
governmental entity.
(7) To commit any other offense under RCW 46.37.423,
46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer’s temporary license permit, including but not limited to failure to
properly complete each such permit, or the issuance of more
than one such permit on any one vehicle. However, a dealer
may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the
dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was
made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in
the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a
purchaser or lessee prior to the delivery of the bargained-for
vehicle, to commingle the "on deposit" funds with assets of
the dealer, salesperson, or mobile home manufacturer instead
of holding the "on deposit" funds as trustee in a separate trust
account until the purchaser or lessee has taken delivery of the
bargained-for vehicle. Delivery of a manufactured home
shall be deemed to occur in accordance with RCW
46.70.135(5). Failure, immediately upon receipt, to endorse
"on deposit" instruments to such a trust account, or to set
aside "on deposit" cash for deposit in such trust account, and
failure to deposit such instruments or cash in such trust
account by the close of banking hours on the day following
receipt thereof, shall be evidence of intent to commit this
unlawful practice: PROVIDED, HOWEVER, That a motor
vehicle dealer may keep a separate trust account which equals
his or her customary total customer deposits for vehicles for
future delivery. For purposes of this section, "on deposit"
funds received from a purchaser of a manufactured home
means those funds that a seller requires a purchaser to
advance before ordering the manufactured home, but does
not include any loan proceeds or moneys that might have
been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with
the obligations of any written warranty or guarantee given by
the dealer or manufacturer requiring the furnishing of goods
and services or repairs within a reasonable period of time, or
to fail to furnish to a purchaser or lessee, all parts which
attach to the manufactured unit including but not limited to
the undercarriage, and all items specified in the terms of a
sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any
person, firm, partnership, association, or corporation acting,
either directly or through a subsidiary, as a buyer’s agent for
consumers, any compensation, fee, purchase moneys or
funds that have been deposited into or withdrawn out of any
account controlled or used by any buyer’s agent, gratuity, or
(2008 Ed.)
Dealers and Manufacturers
reward in connection with the purchase, sale, or lease of a
new motor vehicle.
(12) For a buyer’s agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer
any compensation, fee, gratuity, or reward in connection with
the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer’s agent to engage in any of
the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds
into or out of any account controlled or used by any buyer’s
agent;
(b) Signing any vehicle purchase orders, sales contracts,
leases, odometer statements, or title documents, or having the
name of the buyer’s agent appear on the vehicle purchase
order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer’s agent to use a power of attorney obtained from the consumer to accomplish or effect the
purchase, sale, lease, or transfer of ownership documents of
any new motor vehicle by any means which would otherwise
be prohibited under (a) through (c) of this subsection. However, the buyer’s agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer’s agent to engage in
any false, deceptive, or misleading advertising, disseminated
in any manner whatsoever, including but not limited to making any claim or statement that the buyer’s agent offers,
obtains, or guarantees the lowest price on any motor vehicle
or words to similar effect.
(13) For a buyer’s agent to arrange for or to negotiate the
purchase, or both, of a new motor vehicle through an out-ofstate dealer without disclosing in writing to the customer that
the new vehicle would not be subject to chapter 19.118 RCW.
This subsection also applies to leased vehicles. In addition, it
is unlawful for any buyer’s agent to fail to have a written
agreement with the customer that: (a) Sets forth the terms of
the parties’ agreement; (b) discloses to the customer the total
amount of any fees or other compensation being paid by the
customer to the buyer’s agent for the agent’s services; and (c)
further discloses whether the fee or any portion of the fee is
refundable.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.93 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to
order or accept delivery of any vehicle or vehicles, parts or
accessories, or any other commodities which have not been
voluntarily ordered by the vehicle dealer: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business
value for his or her capital investment which shall include but
not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such
cancellation or termination and which are still within the
dealer’s possession on the day the cancellation or termination
is effective, if: (i) The capital investment has been entered
into with reasonable and prudent business judgment for the
(2008 Ed.)
46.70.180
purpose of fulfilling the franchise; and (ii) the cancellation or
nonrenewal was not done in good faith. Good faith is defined
as the duty of each party to any franchise to act in a fair and
equitable manner towards each other, so as to guarantee one
party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good
faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell
or lease vehicles through any false, deceptive, or misleading
sales or financing practices including but not limited to those
practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to
engage in any practice forbidden in this section by either
threats of actual cancellation or failure to renew the dealer’s
franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for
immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or
lease of new and unused vehicles sold or distributed by such
manufacturer within sixty days after such dealer’s order has
been received in writing unless caused by inability to deliver
because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production
difficulty, or by any cause beyond the reasonable control of
the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been
sold or leased, distributed for sale or lease, or transferred into
this state for resale or lease by the vehicle manufacturer may
only make any warranty claim on any item included as an
integral part of the vehicle against the manufacturer of that
item.
Nothing in this section may be construed to impair the
obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not
licensed under this chapter, from requiring performance of a
written contract entered into with any licensee hereunder, nor
does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been
freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do
not apply to new motor vehicle manufacturers governed by
chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a
motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion
with a registered owner of a vehicle to repossess and return or
resell the vehicle to the registered owner in an attempt to
avoid a suspended license impound under chapter 46.55
RCW. However, compliance with chapter 62A.9A RCW in
repossessing, selling, leasing, or otherwise disposing of the
vehicle, including providing redemption rights to the debtor,
is not a violation of this section. [2007 c 155 § 2; 2006 c 289
§ 1; 2003 c 368 § 1. Prior: 2001 c 272 § 10; 2001 c 64 § 9;
1999 c 398 § 10; 1997 c 153 § 1; 1996 c 194 § 3; 1995 c 256
§ 26; 1994 c 284 § 13; 1993 c 175 § 3; 1990 c 44 § 14; 1989
c 415 § 20; 1986 c 241 § 18; 1985 c 472 § 13; 1981 c 152 §
[Title 46 RCW—page 313]
46.70.183
Title 46 RCW: Motor Vehicles
6; 1977 ex.s. c 125 § 4; 1973 1st ex.s. c 132 § 18; 1969 c 112
§ 1; 1967 ex.s. c 74 § 16.]
Effective date—2007 c 155: See note following RCW 46.16.045.
Prospective application—2006 c 289: "This act applies prospectively
only and not retroactively. It applies only to causes of action that arise (if
change is substantive) or that are commenced (if change is procedural) on or
after June 7, 2006." [2006 c 289 § 2.]
Severability—Effective date—1994 c 284: See RCW 43.22A.900 and
43.22A.901.
Severability—1990 c 44: See RCW 19.116.900.
Severability—1989 c 415: See RCW 46.96.900.
Certificate of ownership—Failure to transfer within specified time: RCW
46.12.101.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
Odometers—Disconnecting, resetting, turning back, replacing without notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.
46.70.183 Notice of bankruptcy proceedings. Any
vehicle dealer or manufacturer, by or against whom a petition
in bankruptcy has been filed, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1981 c 152 § 7.]
46.70.183
46.70.190 Civil actions for violations—Injunctions—
Claims under Federal Automobile Dealer Franchise
Act—Time limitation. Any person who is injured in his
business or property by a violation of this chapter, or any person so injured because he refuses to accede to a proposal for
an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior
court to enjoin further violations, to recover the actual damages sustained by him together with the costs of the suit,
including a reasonable attorney’s fee.
If a new motor vehicle dealer recovers a judgment or has
a claim dismissed with prejudice against a manufacturer
under RCW 46.96.040 or 46.96.050(3) or this section, the
new motor vehicle dealer is precluded from pursuing that
same claim or recovering judgment for that same claim
against the same manufacturer under the federal Automobile
Dealer Franchise Act, 15 U.S.C. Sections 1221 through 1225,
but only to the extent that the damages recovered by or
denied to the new motor vehicle dealer are the same as the
damages being sought under the federal Automobile Dealer
Franchise Act. Likewise, if a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice
against a manufacturer under the federal Automobile Dealer
Franchise Act, the dealer is precluded from pursuing that
same claim or recovering judgment for that same claim
against the same manufacturer under this chapter, but only to
the extent that the damages recovered by or denied to the
dealer are the same as the damages being sought under this
chapter.
A civil action brought in the superior court pursuant to
the provisions of this section must be filed no later than one
year following the alleged violation of this chapter. [1989 c
415 § 21; 1986 c 241 § 19; 1973 1st ex.s. c 132 § 19; 1967
ex.s. c 74 § 21.]
46.70.190
Severability—1989 c 415: See RCW 46.96.900.
[Title 46 RCW—page 314]
46.70.220
46.70.220 Duties of attorney general and prosecuting
attorneys to act on violations—Limitation of civil actions.
The director may refer such evidence as may be available
concerning violations of this chapter or of any rule or order
hereunder to the attorney general or the proper prosecuting
attorney, who may in his discretion, with or without such a
reference, in addition to any other action they might commence, bring an action in the name of the state against any
person to restrain and prevent the doing of any act or practice
herein prohibited or declared unlawful: PROVIDED, That
this chapter shall be considered in conjunction with chapter
9.04 RCW, 19.86 RCW and 63.14 RCW and the powers and
duties of the attorney general and the prosecuting attorney as
they may appear in the aforementioned chapters, shall apply
against all persons subject to this chapter: PROVIDED FURTHER, That any action to enforce a claim for civil damages
under chapter 19.86 RCW shall be forever barred unless
commenced within six years after the cause of action accrues.
[1967 ex.s. c 74 § 19.]
46.70.230
46.70.230 Duties of attorney general and prosecuting
attorneys to act on violations—Assurance of compliance—Filing. In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept
an assurance of compliance with the provisions of this chapter from any person deemed in violation hereof. Any such
assurance shall be in writing and be filed with and subject to
the approval of the superior court of the county in which the
alleged violator resides or has his principal place of business,
or in Thurston county. [1967 ex.s. c 74 § 20.]
46.70.240
46.70.240 Penalties—Jurisdiction. Any person who
violates the terms of any court order, or temporary or permanent injunction issued pursuant to this chapter, shall forfeit
and pay a civil penalty of not more than twenty-five thousand
dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall
be continued, and in such cases the attorney general and/or
the prosecuting attorney acting in the name of the state, or
any person who pursuant to RCW 46.70.190 has secured the
injunction violated, may petition for the recovery of civil
penalties. [1967 ex.s. c 74 § 22.]
46.70.250
46.70.250 Personal service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such
person has engaged in conduct in violation of this chapter
which has had the impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself to the jurisdiction of the courts of this state
within the meaning of RCW 4.28.180 and 4.28.185. [1967
ex.s. c 74 § 23.]
46.70.260
46.70.260 Application of chapter to existing and
future franchises and contracts. The provisions of this
chapter shall be applicable to all franchises and contracts
existing between vehicle dealers and manufacturers or factory branches and to all future franchises and contracts.
[1986 c 241 § 22; 1967 ex.s. c 74 § 24.]
(2008 Ed.)
Dealers and Manufacturers
46.70.270 Provisions of chapter cumulative—Violation of RCW 46.70.180 deemed civil. The provisions of this
chapter shall be cumulative to existing laws: PROVIDED,
That the violation of RCW 46.70.180 shall be construed as
exclusively civil and not penal in nature. [1967 ex.s. c 74 §
25.]
46.70.270
46.70.290 Mobile homes and persons engaged in distribution and sale. The provisions of chapter 46.70 RCW
shall apply to the distribution and sale of mobile homes and
to mobile home dealers, distributors, manufacturers, factory
representatives, or other persons engaged in such distribution
and sale to the same extent as for motor vehicles. [1993 c 307
§ 10; 1971 ex.s. c 231 § 23.]
46.70.290
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.70.300 Chapter exclusive—Local business and
occupation tax not prevented. (1) The provisions of this
chapter relating to the licensing and regulation of vehicle
dealers and manufacturers shall be exclusive, and no county,
city, or other political subdivision of this state shall enact any
laws, rules, or regulations licensing or regulating vehicle
dealers or manufacturers.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and
occupation tax upon vehicle dealers or manufacturers maintaining an office within that political subdivision if a business
and occupation tax is levied by such a political subdivision
upon other types of businesses within its boundaries. [1993 c
307 § 11; 1981 c 152 § 2.]
46.70.300
46.70.310 Consumer Protection Act. Any violation of
this chapter is deemed to affect the public interest and constitutes a violation of chapter 19.86 RCW. [1986 c 241 § 23.]
46.70.310
46.70.320 Buyer’s agents. The regulation of buyers’
agents is a matter affecting the public interest for the purpose
of applying chapter 19.86 RCW. Activities of buyers’ agents
prohibited under RCW 46.70.180 (11), (12), or (13) are not
reasonable in relation to the development and preservation of
business. A violation of RCW 46.70.180 (11), (12), or (13)
constitutes an unfair or deceptive act or practice in trade or
commerce for the purpose of applying chapter 19.86 RCW.
[1993 c 175 § 4.]
46.70.320
46.70.330 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" as defined in RCW 46.80.010 may be sold to motor
vehicle dealers and vehicle wreckers licensed under Title 46
RCW by the state of Washington or licensed by any other
state.
46.70.330
(2008 Ed.)
46.70.340
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 2.]
46.70.340 Issuance of temporary subagency licenses
for recreational vehicle shows. (1)(a) Before the department may issue a temporary subagency license to a recreational vehicle dealer engaged in offering new or new and
used recreational vehicles for sale at a recreational vehicle
show, a recreational vehicle dealer of new or new and used
recreational vehicles shall submit to the department a manufacturer’s written authorization for the sale and specifying the
dates of the show, the location of the show, and the identity of
the manufacturer’s brand or model names of the new or used
recreational vehicles.
(b) The department may issue a temporary subagency
license if the location of the show is within fifty miles of the
recreational vehicle dealer’s established place of business or
permanent location. The department may issue a temporary
subagency license for a show outside fifty miles of the recreational vehicle dealer’s established place of business or permanent location only if the product represented is new and is
within the factory designated sales territory for each brand of
new recreational vehicles to be offered for sale, and only
those specific brands of new recreational vehicles may be
offered for sale under the terms of the temporary subagency
license.
(2) Whenever three or fewer recreational vehicle dealers
participate in a show under a temporary subagency license
issued under this section, each recreational vehicle dealer
shall conspicuously include all of the following information
in all advertising and promotional materials designed to
attract the public to attend the show:
(a) Each recreational vehicle dealer’s business name and
the location of the recreational vehicle dealer’s established
place of business must be printed in a size equivalent to the
second largest type used in the advertisement and must be
placed at the top of the advertisement; and
(b) The manufacturer’s brand or model names of those
new recreational vehicles being offered for sale; and
(c) If the recreational vehicles being offered for sale are
used, the word "used" must immediately precede the identification of the brand name of the model or be immediately
adjacent to the depiction of used vehicles.
(3) Notwithstanding other provisions of this chapter, no
more than two temporary subagency licenses may be issued
to a recreational vehicle dealer engaged in offering new or
new and used recreational vehicles for sale for events with
three or fewer recreational vehicle dealers participating, and
no more than six temporary subagency licenses may be
issued to a recreational vehicle dealer in any twelve-month
period for events including four or more recreational vehicle
dealers.
(4) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. Violations of this section are not reasonable in
relation to the development and preservation of business. A
violation of this section is an unfair or deceptive act in trade
or commerce and an unfair method of competition for the
46.70.340
[Title 46 RCW—page 315]
46.70.900
Title 46 RCW: Motor Vehicles
purpose of applying the consumer protection act, chapter
19.86 RCW. [2006 c 364 § 2.]
46.70.900 Liberal construction. All provisions of this
chapter shall be liberally construed to the end that deceptive
practices or commission of fraud or misrepresentation in the
sale, lease, barter, or disposition of vehicles in this state may
be prohibited and prevented, and irresponsible, unreliable, or
dishonest persons may be prevented from engaging in the
business of selling, leasing, bartering, or otherwise dealing in
vehicles in this state and reliable persons may be encouraged
to engage in the business of selling, leasing, bartering and
otherwise dealing in vehicles in this state: PROVIDED, That
this chapter shall not apply to printers, publishers, or broadcasters who in good faith print, publish or broadcast material
without knowledge of its deceptive character. [2001 c 272 §
11; 1973 1st ex.s. c 132 § 20; 1967 ex.s. c 74 § 2.]
46.70.900
46.70.910 Severability—1967 ex.s. c 74. If any provision of this amendatory act is declared unconstitutional, or
the applicability thereof to any person or circumstances is
held invalid, the constitutionality of the remainder of the
amendatory act and the applicability thereof to persons and
circumstances shall not be affected thereby. [1967 ex.s. c 74
§ 28.]
46.70.910
46.70.920 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder
of this 1973 amendatory act and the applicability thereof to
persons and circumstances shall not be affected thereby.
[1973 1st ex.s. c 132 § 21.]
46.70.920
Chapter 46.71
Chapter 46.71 RCW
AUTOMOTIVE REPAIR
Sections
46.71.005
46.71.011
46.71.015
46.71.021
46.71.025
46.71.031
46.71.035
46.71.041
46.71.045
46.71.051
46.71.060
46.71.070
46.71.080
46.71.090
Legislative recognition.
Definitions.
Estimates—Invoices—Recordkeeping requirements.
Disposition of replaced parts.
Estimate required—Alternatives—Authorization to exceed.
Required signs.
Failure to comply with estimate requirements.
Liens barred for failure to comply.
Unlawful acts or practices.
Copy of warranty.
Retention of price estimates and invoices.
Consumer Protection Act—Defense.
Notice of chapter to vehicle owners.
Notice of chapter to repair facilities.
Vehicle warranties (Lemon law): Chapter 19.118 RCW.
46.71.005 Legislative recognition. The automotive
repair industry supports good communication between auto
repair facilities and their customers. The legislature recognizes that improved communications and accurate representations between automotive repair facilities and the customers will: Increase consumer confidence; reduce the likelihood of disputes arising; clarify repair facility lien interests;
and promote fair and nondeceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by
46.71.005
[Title 46 RCW—page 316]
auto repair facilities in the state of Washington. [1993 c 424
§ 1.]
Severability—1993 c 424: "If any provision of this act is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of the act and the applicability thereof to persons and circumstances shall not be affected thereby."
[1993 c 424 § 15.]
Effective date—1993 c 424: "This act shall take effect January 1,
1994." [1993 c 424 § 18.]
46.71.011 Definitions. For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment manufacturer body part" is an exterior body panel or
nonstructural body component manufactured by someone
other than the original equipment manufacturer and supplied
through suppliers other than those in the manufacturer’s normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter 46.16 RCW
that are commonly performed in a repair facility by a motor
vehicle technician including the diagnosis, installation,
exchange, or repair of mechanical or electrical parts or units
for any vehicle, the performance of any electrical or mechanical adjustment to any vehicle, or the performance of any service work required for routine maintenance or repair of any
vehicle. However, commercial fleet repair or maintenance
transactions involving two or more vehicles or ongoing service or maintenance contracts involving vehicles used primarily for business purposes are not included;
(b) All work in facilities that perform one or more specialties within the automotive repair service industry including, but not limited to, body collision repair, refinishing,
brake, electrical, exhaust repair or installation, frame, unibody, front-end, radiators, tires, transmission, tune-up, and
windshield; and
(c) The removal, replacement, or repair of exterior body
panels, the removal, replacement, or repair of structural and
nonstructural body components, the removal, replacement, or
repair of collision damaged suspension components, and the
refinishing of automotive components.
(3) "Automotive repair facility" or "repair facility"
means any person, firm, association, or corporation who for
compensation engages in the business of automotive repair or
diagnosis, or both, of malfunctions of motor vehicles subject
to licensure under chapter 46.16 RCW and repair and refinishing auto-body collision damage as well as overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has
been dismantled and inspected with only the defective parts
being replaced.
(5) A "remanufactured" part consists of a used assembly
that has been dismantled with the core parts being remachined and all other parts replaced with new parts so as to
provide performance comparable to that found originally.
[1993 c 424 § 2.]
46.71.011
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.015 Estimates—Invoices—Recordkeeping
requirements. (1) Except as otherwise provided in RCW
46.71.025, all estimates that exceed one hundred dollars shall
46.71.015
(2008 Ed.)
Automotive Repair
be in writing and include the following information: The
date; the name, address, and telephone number of the repair
facility; the name, address, and telephone number, if available, of the customer or the customer’s designee; if the vehicle is delivered for repair, the year, make, and model of the
vehicle, the vehicle license plate number or last eight digits of
the vehicle identification number, and the odometer reading
of the vehicle; a description of the problem reported by the
customer or the specific repairs requested by the customer;
and a choice of alternatives described in RCW 46.71.025.
(2) Whether or not a written estimate is required, parts
and labor provided by an automotive repair facility shall be
clearly and accurately recorded in writing on an invoice and
shall include, in addition to the information listed in subsection (1) of this section, the following information: A description of the repair or maintenance services performed on the
vehicle; a list of all parts supplied, identified by name and
part number, if available, part kit description or recognized
package or shop supplies, if any, and an indication whether
the parts supplied are rebuilt, or used, if applicable or where
collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable;
the price per part charged, if any, and the total amount
charged for all parts; the total amount charged for all labor, if
any; and the total charge. Parts and labor do not need to be
separately disclosed if pricing is expressed as an advertised
special by the job, a predisclosed written repair menu item, or
a routine service package.
(3) Notwithstanding subsection (2) of this section, if the
repair work is performed under warranty or without charge to
the customer, other than an applicable deductible, the repair
facility shall provide either an itemized list of the parts supplied, or describe the service performed on the vehicle, but
the repair facility is not required to provide any pricing information for parts or labor.
(4) A copy of the estimate, unless waived, shall be provided to the customer or customer’s designee prior to providing parts or labor as required under RCW 46.71.025. A copy
of the invoice shall be provided to the customer upon completion of the repairs.
(5) Only material omissions, under this section, are
actionable in a court of law or equity. [1993 c 424 § 3.]
46.71.025
46.71.025 Estimate required—Alternatives—Authorization to exceed. (1) Except as provided in subsection (3)
of this section, a repair facility prior to providing parts or
labor shall provide the customer or the customer’s designee
with a written price estimate of the total cost of the repair,
including parts and labor, or where collision repair is
involved, aftermarket body parts or nonoriginal equipment
manufacturer body parts, if applicable, or offer the following
alternatives:
46.71.025
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED.
YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR
FACILITY TO OBTAIN YOUR ORAL OR WRITTEN
AUTHORIZATION TO EXCEED THE WRITTEN PRICE
ESTIMATE. YOUR SIGNATURE OR INITIALS WILL
INDICATE YOUR SELECTION.
1. I request an estimate in writing before you begin
repairs. Contact me if the price will exceed this estimate by more than ten percent.
2. Proceed with repairs but contact me if the price
will exceed $. . . . . .
3. I do not want a written estimate.
............
(Initial or signature)
Date: . . . . . .
Time: . . . . . . ."
46.71.021 Disposition of replaced parts. Except for
parts covered by a manufacturer’s or other warranty or parts
that must be returned to a distributor, remanufacturer, or
rebuilder, the repair facility shall return replaced parts to the
customer at the time the work is completed if the customer
requested the parts at the time of authorization of the repair.
If a customer at the time of authorization of the repair
requests the return of a part that must be returned to the manufacturer, remanufacturer, distributor, recycler, or rebuilder,
or must be disposed of as required by law, the repair facility
shall offer to show the part to the customer. The repair facility
need not show a replaced part if no charge is being made for
the replacement part. [1993 c 424 § 4.]
(2) The repair facility may not charge the customer more
than one hundred ten percent, exclusive of retail sales tax, of
the total shown on the written price estimate. Neither of these
limitations apply if, before providing additional parts or labor
the repair facility obtains either the oral or written authorization of the customer, or the customer’s designee, to exceed
the written price estimate. The repair facility or its representative shall note on the estimate the date and time of obtaining
an oral authorization, the additional parts and labor required,
the estimated cost of the additional parts and labor, or where
collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable,
the name or identification number of the employee who
obtains the authorization, and the name and telephone number of the person authorizing the additional costs.
(3) A written estimate shall not be required when the
customer’s motor vehicle or component has been brought to
an automotive repair facility’s regular place of business without face-to-face contact between the customer and the repair
facility. Face-to-face contact means actual in-person discussion between the customer or his or her designee and the
agent or employee of the automotive repair facility authorized to intake vehicles or components. However, prior to
providing parts and labor, the repair facility must obtain
either the oral or written authorization of the customer or the
customer’s designee. The repair facility or its representative
shall note on the estimate or repair order the date and time of
obtaining an oral authorization, the total amount authorized,
the name or identification number of the employee who
obtains the authorization, and the name of the person authorizing the repairs. [1993 c 424 § 5.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.021
(2008 Ed.)
[Title 46 RCW—page 317]
46.71.031
Title 46 RCW: Motor Vehicles
46.71.031 Required signs. An automotive repair facility shall post in a prominent place on the business premises
one or more signs, readily visible to customers, in the following form:
46.71.031
"YOUR CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
1.
A WRITTEN ESTIMATE FOR REPAIRS WHICH
WILL COST MORE THAN ONE HUNDRED
DOLLARS, UNLESS WAIVED OR ABSENT
FACE-TO-FACE CONTACT (SEE ITEM 4
BELOW);
2.
RETURN OR INSPECTION OF ALL REPLACED
PARTS, IF REQUESTED AT TIME OF REPAIR
AUTHORIZATION;
3.
AUTHORIZE ORALLY OR IN WRITING ANY
REPAIRS WHICH EXCEED THE ESTIMATED
TOTAL PRESALES TAX COST BY MORE
THAN TEN PERCENT;
4.
AUTHORIZE ANY REPAIRS ORALLY OR IN
WRITING IF YOUR VEHICLE IS LEFT WITH
THE REPAIR FACILITY WITHOUT FACE-TOFACE CONTACT BETWEEN YOU AND THE
REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE
REQUIRED TO PAY FOR THE COSTS OF THE REPAIR
PRIOR TO TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters not less than
one and one-half inch in height and the remaining lines shall
be in letters not less than one-half inch in height. [1993 c 424
§ 6.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.035 Failure to comply with estimate requirements. An automotive repair facility that fails to comply
with the estimate requirements of RCW 46.71.025 is barred
from recovering in an action to recover for automotive repairs
any amount in excess of one hundred ten percent of the
amount authorized by the customer, or the customer’s designee, unless the repair facility proves by a preponderance of
the evidence that its conduct was reasonable, necessary, and
justified under the circumstances. In an action to recover for
automotive repairs the prevailing party may, at the discretion
of the court, recover the costs of the action and reasonable
attorneys’ fees. [1993 c 424 § 7.]
46.71.045 Unlawful acts or practices. Each of the following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or misleading. A
single or isolated media mistake does not constitute a false,
deceptive, or misleading statement or misrepresentation
under this section;
(2) Materially understating or misstating the estimated
price for a specified repair procedure;
(3) Retaining payment from a customer for parts not
delivered or installed or a labor operation or repair procedure
that has not actually been performed;
(4) Unauthorized operation of a customer’s vehicle for
purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer, upon
request, a copy, at no charge, of any document signed by the
customer;
(6) Retaining duplicative payment from both the customer and the warranty or extended service contract provider
for the same covered component, part, or labor;
(7) Charging a customer for unnecessary repairs. For
purposes of this subsection "unnecessary repairs" means
those for which there is no reasonable basis for performing
the service. A reasonable basis includes, but is not limited to:
(a) That the repair service is consistent with specifications
established by law or the manufacturer of the motor vehicle,
component, or part; (b) that the repair is in accordance with
accepted industry standards; or (c) that the repair was performed at the specific request of the customer. [1993 c 424 §
9.]
46.71.045
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.051 Copy of warranty. The repair facility shall
make available, upon request, a copy of any express warranty
provided by the repair facility to the customer that covers
repairs performed on the vehicle. [1993 c 424 § 10.]
46.71.051
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.035
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.041 Liens barred for failure to comply. A
repair facility that fails to comply with RCW 46.71.021,
46.71.025, or 46.71.031 is barred from asserting a possessory
or chattel lien for the amount of the unauthorized parts or
labor upon the motor vehicle or component. [1993 c 424 § 8.]
46.71.041
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
[Title 46 RCW—page 318]
46.71.060 Retention of price estimates and invoices.
Every automotive repair facility shall retain and make available for inspection, upon request by the customer or the customer’s authorized representative, true copies of the written
price estimates and invoices required under this chapter for at
least one year after the date on which the repairs were performed. [1993 c 424 § 11; 1982 c 62 § 7; 1977 ex.s. c 280 §
6.]
46.71.060
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.070 Consumer Protection Act—Defense. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the Consumer Protection Act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to the
development and preservation of business. A violation of this
chapter is an unfair or deceptive act in trade or commerce and
an unfair method of competition for the purpose of applying
the Consumer Protection Act, chapter 19.86 RCW. In an
action under chapter 19.86 RCW due to an automotive repair
facility’s charging a customer an amount in excess of one
46.71.070
(2008 Ed.)
Transportation of Passengers in For Hire Vehicles
hundred ten percent of the amount authorized by the customer, a violation shall not be found if the automotive repair
facility proves by a preponderance of the evidence that its
conduct was reasonable, necessary, and justified under the
circumstances.
Notwithstanding RCW 46.64.050, no violation of this
chapter shall give rise to criminal liability under that section.
[1993 c 424 § 12; 1982 c 62 § 9; 1977 ex.s. c 280 § 7.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.080 Notice of chapter to vehicle owners. Whenever a vehicle license renewal form under RCW 46.16.210 is
given to the registered owner of any vehicle, the department
of licensing shall give to the owner written notice of the provisions of this chapter in a manner prescribed by the director
of licensing. [1982 c 62 § 10.]
46.71.080
46.71.090 Notice of chapter to repair facilities. When
the department of revenue issues a registration certificate
under RCW 82.32.030 to an automotive repair facility, it
shall give written notice to the person of the requirements of
this chapter in a manner prescribed by the director of revenue. The department of revenue shall thereafter give the
notice on an annual basis in conjunction with the business
and occupation tax return provided to each person holding a
registration certificate as an automotive repair facility. [1993
c 424 § 13; 1982 c 62 § 11.]
46.71.090
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
Chapter 46.72 RCW
TRANSPORTATION OF PASSENGERS IN
FOR HIRE VEHICLES
Chapter 46.72
Sections
46.72.001
46.72.010
46.72.020
46.72.030
46.72.040
46.72.050
46.72.060
46.72.070
46.72.080
46.72.100
46.72.110
46.72.120
46.72.130
46.72.140
46.72.150
46.72.160
46.72.170
46.72.180
Finding and intent.
Definitions.
Permit required—Form of application.
Permit fee—Issuance—Display.
Surety bond.
Liability coverage—Right of action saved.
Right of action—Limitation of recovery.
Certificate—Fee.
Substitution of security—New certificate.
Unprofessional conduct—Bond/insurance policy—Penalty.
Fees to highway safety fund.
Rules.
Nonresident taxicabs—Permit—Fee—Compliance.
Nonresident taxicabs—Permit required for entry.
Nonresident taxicabs—Reciprocity.
Local regulation.
Joint regulation.
Uniform regulation of business and professions act.
Age of drivers of for hire vehicles: RCW 46.20.045.
Taxicab companies, local regulation: Chapter 81.72 RCW.
46.72.001 Finding and intent. The legislature finds
and declares that privately operated for hire transportation
service is a vital part of the transportation system within the
state. Consequently, the safety, reliability, and stability of
privately operated for hire transportation services are matters
of statewide importance. The regulation of privately operated
for hire transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to
46.72.001
(2008 Ed.)
46.72.040
permit political subdivisions of the state to regulate for hire
transportation services without liability under federal antitrust laws. [1996 c 87 § 17.]
46.72.010 Definitions. When used in this chapter:
(1) The term "for hire vehicle" includes all vehicles used
for the transportation of passengers for compensation, except
auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter
46.74 RCW, limousine carriers licensed under chapter
46.72A RCW, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants
under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, vehicles
used to provide courtesy transportation at no charge to and
from parking lots, hotels, and rental offices, and vehicles
used by charter party carriers of passengers and excursion
service carriers licensed under chapter 81.70 RCW;
(2) The term "for hire operator" means and includes any
person, concern, or entity engaged in the transportation of
passengers for compensation in for hire vehicles. [1996 c 87
§ 18; 1991 c 99 § 1; 1979 c 111 § 14; 1961 c 12 § 46.72.010.
Prior: 1947 c 253 § 1; Rem. Supp. 1947 § 6386-1. Formerly
RCW 81.72.010.]
46.72.010
Severability—1979 c 111: See note following RCW 46.74.010.
46.72.020 Permit required—Form of application. No
for hire operator shall cause operation of a for hire vehicle
upon any highway of this state without first obtaining a permit from the director of licensing, except for those for hire
operators regulated by cities or counties in accordance with
chapter 81.72 RCW. Application for a permit shall be made
on forms provided by the director and shall include (1) the
name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers
thereof; (2) city, town or locality in which any vehicle will be
operated; (3) name and motor number of any vehicle to be
operated; (4) the endorsement of a city official authorizing an
operator under a law or ordinance requiring a license; and (5)
such other information as the director may require. [1992 c
114 § 1; 1979 c 158 § 188; 1967 c 32 § 80; 1961 c 12 §
46.72.020. Prior: 1947 c 253 § 2; Rem. Supp. 1947 § 63862; prior: 1915 c 57 § 1; RRS § 6382. Formerly RCW
81.72.020.]
46.72.020
46.72.030 Permit fee—Issuance—Display. Application for a permit shall be forwarded to the director with a fee.
Upon receipt of such application and fee, the director shall, if
such application be in proper form, issue a permit authorizing
the applicant to operate for hire vehicles upon the highways
of this state until such owner ceases to do business as such, or
until the permit is suspended or revoked. Such permit shall be
displayed in a conspicuous place in the principal place of
business of the owner. [1992 c 114 § 2; 1967 c 32 § 81; 1961
c 12 § 46.72.030. Prior: 1947 c 253 § 3; Rem. Supp. 1947 §
6386-3; prior: 1933 c 73 § 1, part; 1915 c 57 § 2, part; RRS
§ 6383, part. Formerly RCW 81.72.030.]
46.72.030
46.72.040 Surety bond. Before a permit is issued every
for hire operator shall be required to deposit and thereafter
46.72.040
[Title 46 RCW—page 319]
46.72.050
Title 46 RCW: Motor Vehicles
keep on file with the director a surety bond running to the
state of Washington covering each and every for hire vehicle
as may be owned or leased by him and used in the conduct of
his business as a for hire operator. Such bond shall be in the
sum of one hundred thousand dollars for any recovery for
death or personal injury by one person, and three hundred
thousand dollars for all persons killed or receiving personal
injury by reason of one act of negligence, and twenty-five
thousand dollars for damage to property of any person other
than the assured, with a good and sufficient surety company
licensed to do business in this state as surety and to be
approved by the director, conditioned for the faithful compliance by the principal of said bond with the provisions of this
chapter, and to pay all damages which may be sustained by
any person injured by reason of any careless negligence or
unlawful act on the part of said principal, his agents or
employees in the conduct of said business or in the operation
of any motor propelled vehicle used in transporting passengers for compensation on any public highway of this state.
[1973 c 15 § 1; 1967 c 32 § 82; 1961 c 12 § 46.72.040. Prior:
1947 c 253 § 4; Rem. Supp. 1947 § 6386-4; prior: 1933 c 73
§ 1, part; 1915 c 57 § 2, part; RRS § 6383, part. Formerly
RCW 81.72.040.]
46.72.050
46.72.050 Liability coverage—Right of action saved.
In lieu of the surety bond as provided in this chapter, there
may be deposited and kept on file and in force with the director a public liability insurance policy covering each and every
motor vehicle operated or intended to be so operated, executed by an insurance company licensed and authorized to
write such insurance policies in the state of Washington,
assuring the applicant for a permit against property damage
and personal liability to the public, with the premiums paid
and payment noted thereon. Said policy of insurance shall
provide a minimum coverage equal and identical to the coverage required by the aforesaid surety bond, specified under
the provisions of RCW 46.72.040. No provisions of this
chapter shall be construed to limit the right of any injured
person to any private right of action against a for hire operator as herein defined. [1973 c 15 § 2; 1967 c 32 § 83; 1961 c
12 § 46.72.050. Prior: 1947 c 253 § 5; Rem. Supp. 1947 §
6386-5. Formerly RCW 81.72.050.]
46.72.060
46.72.060 Right of action—Limitation of recovery.
Every person having a cause of action for damages against
any person, firm, or corporation receiving a permit under the
provisions of this chapter, for injury, damages or wrongful
death caused by any careless, negligent or unlawful act of any
such person, firm, or corporation or his, their, or its agents or
employees in conducting or carrying on said business or in
operating any motor propelled vehicle for the carrying and
transporting of passengers over and along any public street,
road or highway shall have a cause of action against the principal and surety upon the bond or the insurance company and
the insured for all damages sustained, and in any such action
the full amount of damages sustained may be recovered
against the principal, but the recovery against the surety shall
be limited to the amount of the bond. [1961 c 12 § 46.72.060.
Prior: 1947 c 253 § 6; Rem. Supp. 1947 § 6386-6; prior:
[Title 46 RCW—page 320]
1929 c 27 § 1; 1927 c 161 § 1; 1915 c 57 § 3; RRS § 6384.
Formerly RCW 81.72.060.]
46.72.070 Certificate—Fee. The director shall approve
and file all bonds and policies of insurance. The director
shall, upon receipt of fees and after approving the bond or
policy, furnish the owner with an appropriate certificate
which must be carried in a conspicuous place in the vehicle at
all times during for hire operation. A for hire operator shall
secure a certificate for each for hire vehicle operated and pay
therefor a fee for each vehicle so registered. Such permit or
certificate shall expire on June 30th of each year, and may be
annually renewed upon payment of a fee. [1992 c 114 § 3;
1967 c 32 § 84; 1961 c 12 § 46.72.070. Prior: 1947 c 253 §
7; Rem. Supp. 1947 § 6386-7. Formerly RCW 81.72.070.]
46.72.070
46.72.080 Substitution of security—New certificate.
In the event the owner substitutes a policy or bond after a for
hire certificate has been issued, a new certificate shall be
issued to the owner. The owner shall submit the substituted
bond or policy to the director for approval, together with a
fee. If the director approves the substituted policy or bond, a
new certificate shall be issued. In the event any certificate has
been lost, destroyed or stolen, a duplicate thereof may be
obtained by filing an affidavit of loss and paying a fee. [1992
c 114 § 4; 1967 c 32 § 85; 1961 c 12 § 46.72.080. Prior: 1947
c 253 § 8; Rem. Supp. 1947 § 6386-8. Formerly RCW
81.72.080.]
46.72.080
46.72.100 Unprofessional conduct—Bond/insurance
policy—Penalty. (1) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action if he or she has good reason to believe that
one of the following is true of the operator or the applicant for
a permit or certificate: (a) He or she is guilty of committing
two or more offenses for which mandatory revocation of
driver’s license is provided by law; (b) he or she has been
convicted of vehicular homicide or vehicular assault; (c) he
or she is intemperate or addicted to the use of narcotics.
(2) Any for hire operator who operates a for hire vehicle
without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as
required by this chapter is guilty of a gross misdemeanor, and
upon conviction shall be punished by imprisonment in jail for
a period not exceeding ninety days or a fine of not exceeding
five hundred dollars, or both fine and imprisonment. [2003 c
53 § 250; 2002 c 86 § 293; 1983 c 164 § 8; 1967 c 32 § 86;
1961 c 12 § 46.72.100. Prior: 1947 c 253 § 9; Rem. Supp.
1947 § 6386-9; prior: 1915 c 57 § 4; RRS § 6385. Formerly
RCW 81.72.100.]
46.72.100
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72.110 Fees to highway safety fund. All fees
received by the director under the provisions of this chapter
shall be transmitted by him, together with a proper identify46.72.110
(2008 Ed.)
Limousines
ing report, to the state treasurer to be deposited by the state
treasurer in the highway safety fund. [1967 c 32 § 87; 1961 c
12 § 46.72.110. Prior: 1947 c 253 § 10; Rem. Supp. 1947 §
6386-10. Formerly RCW 81.72.110.]
46.72.120 Rules. The director is empowered to make
and enforce such rules and regulations, including the setting
of fees, as may be consistent with and necessary to carry out
the provisions of this chapter. [1992 c 114 § 5; 1967 c 32 §
88; 1961 c 12 § 46.72.120. Prior: 1947 c 253 § 11; Rem.
Supp. 1947 § 6386-11. Formerly RCW 81.72.120.]
46.72A.010
with any other city, town, county, or port district for the joint
regulation of for hire vehicles. Cooperative agreements may
provide for, but are not limited to, the granting, revocation,
and suspension of joint for hire vehicle licenses. [1996 c 87
§ 20.]
46.72.120
46.72.130 Nonresident taxicabs—Permit—Fee—
Compliance. No operator of a taxicab licensed or possessing
a permit in another state to transport passengers for hire, and
principally engaged as a for hire operator in another state,
shall cause the operation of a taxicab upon any highway of
this state without first obtaining an annual permit from the
director upon an application accompanied with an annual fee
for each taxicab. The issuance of a permit shall be further
conditioned upon compliance with this chapter. [1992 c 114
§ 6; 1967 c 32 § 89; 1961 c 12 § 46.72.130. Prior: 1953 c 12
§ 1; 1951 c 219 § 1. Formerly RCW 81.72.130.]
46.72.130
46.72.140 Nonresident taxicabs—Permit required
for entry. All law enforcement officers shall refuse every
taxicab entry into this state which does not have a certificate
from the director on the vehicle. [1967 c 32 § 90; 1961 c 12
§ 46.72.140. Prior: 1951 c 219 § 2. Formerly RCW
81.72.140.]
46.72.140
46.72.150 Nonresident taxicabs—Reciprocity. RCW
46.72.130 and 46.72.140 shall be inoperative to operators of
taxicabs residing and licensed in any state which allows
Washington operators of taxicabs to use such state’s highways free from such regulations. [1961 c 12 § 46.72.150.
Prior: 1951 c 219 § 3. Formerly RCW 81.72.150.]
46.72.150
46.72.160 Local regulation. Cities, counties, and port
districts may license, control, and regulate all for hire vehicles operating within their respective jurisdictions. The
power to regulate includes:
(1) Regulating entry into the business of providing for
hire vehicle transportation services;
(2) Requiring a license to be purchased as a condition of
operating a for hire vehicle and the right to revoke, cancel, or
refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing for hire
vehicle transportation service and the manner in which rates
are calculated and collected;
(4) Regulating the routes and operations of for hire vehicles, including restricting access to airports;
(5) Establishing safety and equipment requirements; and
(6) Any other requirements adopted to ensure safe and
reliable for hire vehicle transportation service. [1996 c 87 §
19.]
46.72.160
46.72.170 Joint regulation. The department, a city,
county, or port district may enter into cooperative agreements
46.72.170
(2008 Ed.)
46.72.180 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 294.]
46.72.180
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.72A
Chapter 46.72A RCW
LIMOUSINES
Sections
46.72A.010
46.72A.020
46.72A.030
46.72A.040
46.72A.050
46.72A.060
46.72A.070
46.72A.080
46.72A.090
46.72A.100
46.72A.110
46.72A.120
46.72A.130
46.72A.140
Finding and intent.
Office required—Exception.
Regulation—Inspection.
State preemption.
Business license, vehicle certificates required.
Insurance—Amount—Penalty.
Vehicle certificates—Issuance of new or duplicate certificate—Penalty.
Advertising—Penalty.
Chauffeurs—Criteria for.
Unprofessional conduct—Sanctions—Chauffeur.
Deposit of fees.
Rules and fees.
Continued operation of existing limousines.
Uniform regulation of business and professions act.
46.72A.010 Finding and intent. The legislature finds
and declares that privately operated limousine transportation
service is a vital part of the transportation system within the
state and provides prearranged transportation services to state
residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance. The regulation of privately operated limousine transportation services is thus an essential governmental
function. Therefore, it is the intent of the legislature to permit
the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws.
[1996 c 87 § 4.]
46.72A.010
Transfer of powers, duties, and functions—1996 c 87: "(1) All powers, duties, and functions of the utilities and transportation commission pertaining to the regulation of limousines and limousine charter party carriers
are transferred to the department of licensing. All references to the utilities
and transportation commission in the Revised Code of Washington shall be
construed to mean the director or the department of licensing when referring
to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or
written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of licensing. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed by
the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of
licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of
licensing.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on
[Title 46 RCW—page 321]
46.72A.020
Title 46 RCW: Motor Vehicles
June 6, 1996, be transferred and credited to the department of licensing.
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same to
the state agencies concerned.
(3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
(4) The transfer of the powers, duties, and functions of the utilities and
transportation commission shall not affect the validity of any act performed
before June 6, 1996.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification." [1996 c 87 § 22.]
46.72A.020 Office required—Exception. All limousine carriers must operate from a main office and may have
satellite offices. However, no office may be solely in a vehicle of any type. All arrangements for the carrier’s services
must be made through its offices and dispatched to the carrier’s vehicles. Under no circumstances may customers or
customers’ agents make arrangements for immediate rental
of a carrier’s vehicle with the driver of the vehicle, even if the
driver is an owner or officer of the company, with the single
exception of stand-hail limousines only at a facility owned
and operated by a port district in a county with a population
of one million or more that are licensed and restricted by the
rules and policies set forth by the port district. [1996 c 87 §
5.]
46.72A.020
46.72A.030
46.72A.030 Regulation—Inspection. (1) The department, in conjunction with the Washington state patrol, shall
regulate limousine carriers with respect to entry, safety of
equipment, chauffeur qualifications, and operations. The
department shall adopt rules and require such reports as are
necessary to carry out this chapter.
(2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers
with respect to entry, safety of equipment, chauffeur qualifications, and operations. The county in which the port district
is located may adopt ordinances and rules to assist the port
district in enforcement of limousine regulations only at port
facilities. In no event may this be construed to grant the
county the authority to regulate limousines within its jurisdiction. The port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the
port district.
(3) The department, a port district in a county with a population of at least one million, or a county in which the port
district is located may enter into cooperative agreements for
the joint regulation of limousines.
(4) The Washington state patrol shall annually conduct a
vehicle inspection of each limousine licensed under this
chapter, except when a port district regulates limousine carriers under subsection (2) of this section, that port district or
county in which the port [district] is located shall conduct the
annual vehicle inspection. The patrol, the port district, or the
[Title 46 RCW—page 322]
county may impose an annual vehicle inspection fee. [1996 c
87 § 6.]
46.72A.040 State preemption. Except when a port district regulates limousine carriers under RCW 46.72A.030, the
state of Washington fully occupies and preempts the entire
field of regulation over limousine carriers as regulated by this
chapter. Cities, towns, and counties or other municipalities
may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter. [1996 c 87
§ 7.]
46.72A.040
46.72A.050 Business license, vehicle certificates
required. No limousine carrier may operate a limousine
upon the highways of this state without first obtaining a business license from the department. The applicant shall forward
an application for a business license to the department along
with a fee established by rule. Upon approval of the application, the department shall issue a business license and unified
business identifier authorizing the carrier to operate limousines upon the highways of this state.
In addition, a limousine carrier shall annually obtain,
upon payment of the appropriate fee, a vehicle certificate for
each limousine operated by the carrier. [1996 c 87 § 8.]
46.72A.050
46.72A.060 Insurance—Amount—Penalty. (1) The
department shall require limousine carriers to obtain and continue in effect, liability and property damage insurance from
a company licensed to sell liability insurance in this state for
each limousine used to transport persons for compensation.
(2) The department shall fix the amount of the insurance
policy or policies, giving consideration to the character and
amount of traffic, the number of persons affected, and the
degree of danger that the proposed operation involves. The
limousine carrier must maintain the liability and property
damage insurance in force on each motor-propelled vehicle
while so used.
(3) Failure to file and maintain in effect the insurance
required under this section is a gross misdemeanor. [2003 c
53 § 251; 1996 c 87 § 9.]
46.72A.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.72A.070 Vehicle certificates—Issuance of new or
duplicate certificate—Penalty. (1) If the limousine carrier
substitutes a liability and property damage insurance policy
after a vehicle certificate has been issued, a new vehicle certificate is required. The limousine carrier shall submit the
substituted policy to the department for approval, together
with a fee. If the department approves the substituted policy,
the department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or
stolen, a duplicate vehicle certificate may be obtained by filing an affidavit of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine carrier who operates a vehicle without first having
received a vehicle certificate as required by this chapter is
guilty of a misdemeanor.
(b) A second or subsequent offense is a gross misdemeanor. [2003 c 53 § 252; 1996 c 87 § 10.]
46.72A.070
(2008 Ed.)
Private Carrier Drivers
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.72A.080 Advertising—Penalty. (1) No limousine
carrier may advertise without listing the carrier’s unified
business identifier issued by the department in the advertisement and specifying the type of service offered as provided in
RCW 46.04.274. No limousine carrier may advertise or hold
itself out to the public as providing taxicab transportation services.
(2) All advertising, contracts, correspondence, cards,
signs, posters, papers, and documents that show a limousine
carrier’s name or address shall list the carrier’s unified business identifier and the type of service offered. The alphabetized listing of limousine carriers appearing in the advertising
sections of telephone books or other directories and all advertising that shows the carrier’s name or address must show the
carrier’s current unified business identifier.
(3) Advertising in the alphabetical listing in a telephone
directory need not contain the carrier’s certified business
identifier.
(4) Advertising by electronic transmission need not contain the carrier’s unified business identifier if the carrier provides it to the person selling the advertisement and it is
recorded in the advertising contract.
(5) It is a gross misdemeanor for a person to (a) falsify a
unified business identifier or use a false or inaccurate unified
business identifier; (b) fail to specify the type of service
offered; or (c) advertise or otherwise hold itself out to the
public as providing taxicab transportation services in connection with a solicitation or identification as an authorized limousine carrier. [1997 c 193 § 1; 1996 c 87 § 11.]
46.72A.080
46.73.010
guilty of committing two or more offenses for which mandatory revocation of a driver’s license is provided by law; (3)
the person has been convicted of vehicular homicide or
vehicular assault; (4) the person is intemperate or addicted to
narcotics. [2002 c 86 § 295; 1996 c 87 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72A.110 Deposit of fees. The department shall
transmit all fees received under this chapter, together with a
proper identifying report, to the state treasurer to be deposited
by the state treasurer in the master license fund. [1996 c 87 §
14.]
46.72A.110
46.72A.120 Rules and fees. The department may adopt
and enforce such rules, including the setting of fees, as may
be consistent with and necessary to carry out this chapter.
The fees must approximate the cost of administration. [1996
c 87 § 15.]
46.72A.120
46.72A.130 Continued operation of existing limousines. A vehicle operated as a limousine under *chapter
81.90 RCW before April 1, 1996, may continue to operate as
a limousine even though it may not meet the definition of
limousine in RCW 46.04.274 as long as the owner is the same
as the registered owner on April 1, 1996, and the vehicle and
limousine carrier otherwise comply with this chapter. [1996
c 87 § 16.]
46.72A.130
*Reviser’s note: Chapter 81.90 RCW was repealed by 1996 c 87 § 23.
46.72A.140 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 296.]
46.72A.140
46.72A.090 Chauffeurs—Criteria for. The limousine
carrier shall certify to the appropriate regulating authority
that each chauffeur hired to operate a limousine meets the following criteria: (1) Is at least twenty-one years of age; (2)
holds a valid Washington state driver’s license; (3) has successfully completed a training course approved by the department; (4) has successfully passed a written examination; (5)
has successfully completed a background check performed
by the Washington state patrol; and (6) has submitted a medical certificate certifying the individual’s fitness as a chauffeur. Upon initial application and every three years thereafter,
a chauffeur must file a physician’s certification with the limousine carrier validating the individual’s fitness to drive a
limousine. The department shall determine the scope of the
examination. The director may require a chauffeur to be reexamined at any time.
The limousine carrier shall keep on file and make available for inspection all documents required by this section.
[1996 c 87 § 12.]
46.72A.090
46.72A.100 Unprofessional conduct—Sanctions—
Chauffeur. The director may impose any of the sanctions
specified in RCW 18.235.110 for unprofessional conduct as
described in RCW 18.235.130 or if one of the following is
true of a chauffeur hired to drive a limousine including where
such a chauffeur is also the carrier: (1) The person has been
convicted of an offense of such a nature as to indicate that he
or she is unfit to qualify as a chauffeur; (2) the person is
46.72A.100
(2008 Ed.)
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.73
Chapter 46.73 RCW
PRIVATE CARRIER DRIVERS
Sections
46.73.010
46.73.020
46.73.030
Qualifications and hours of service.
Federal funds as necessary condition.
Penalty.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.73.010 Qualifications and hours of service. The
Washington state patrol may adopt rules establishing standards for qualifications and hours of service of drivers for private carriers as defined by RCW 81.80.010(6). Such standards shall correlate with and, as far as reasonable, conform
to the regulations contained in Title 49 C.F.R., Chapter 3,
Subchapter B, Parts 391 and 395, on July 28, 1985. [2005 c
319 § 120; 1985 c 333 § 1.]
46.73.010
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
[Title 46 RCW—page 323]
46.73.020
Title 46 RCW: Motor Vehicles
46.73.020 Federal funds as necessary condition. The
delegation of rule-making authority contained in RCW
46.73.010 is conditioned upon the continued receipt of federal funds or grants for the support of state enforcement of
such rules. Within ninety days of finding that federal funds or
grants are withdrawn or not renewed, the Washington state
patrol and the Washington utilities and transportation commission shall repeal any and all rules adopted under RCW
46.73.010. [1985 c 333 § 2.]
46.73.020
46.73.030 Penalty. A violation of any rule adopted by
the Washington state patrol under RCW 46.73.010 is a traffic
infraction. [1985 c 333 § 3.]
46.73.030
Chapter 46.74
Chapter 46.74 RCW
RIDE SHARING
Sections
46.74.010
46.74.020
46.74.030
Definitions.
Exclusion from for hire vehicle laws.
Operators.
Acquisition and disposal of vehicle for commuter ride sharing by city
employees: RCW 35.21.810.
Public utility tax exemption: RCW 82.16.047.
State-owned vehicles used for commuter ride sharing: RCW 43.41.130.
46.74.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly indicates otherwise.
(1) "Commuter ride sharing" means a car pool or van
pool arrangement whereby one or more fixed groups not
exceeding fifteen persons each including the drivers, and (a)
not fewer than five persons including the drivers, or (b) not
fewer than four persons including the drivers where at least
two of those persons are confined to wheelchairs when
riding, are transported in a passenger motor vehicle with a
gross vehicle weight not exceeding ten thousand pounds,
excluding special rider equipment, between their places of
abode or termini near such places, and their places of
employment or educational or other institutions, each group
in a single daily round trip where the drivers are also on the
way to or from their places of employment or educational or
other institution.
(2) "Flexible commuter ride sharing" means a car pool or
van pool arrangement whereby a group of at least two but not
exceeding fifteen persons including the driver is transported
in a passenger motor vehicle with a gross vehicle weight not
exceeding ten thousand pounds, excluding special rider
equipment, between their places of abode or termini near
such places, and their places of employment or educational or
other institutions, where the driver is also on the way to or
from his or her place of employment or educational or other
institution.
(3) "Ride sharing for persons with special transportation
needs" means an arrangement whereby a group of persons
with special transportation needs, and their attendants, is
transported by a public social service agency or a private,
nonprofit transportation provider as defined in RCW
81.66.010(3) in a passenger motor vehicle as defined by the
department to include small buses, cutaways, and modified
vans not more than twenty-eight feet long: PROVIDED,
46.74.010
[Title 46 RCW—page 324]
That the driver need not be a person with special transportation needs.
(4) "Ride-sharing operator" means the person, entity, or
concern, not necessarily the driver, responsible for the existence and continuance of commuter ride sharing, flexible
commuter ride sharing, or ride sharing for persons with special transportation needs. The term "ride-sharing operator"
includes but is not limited to an employer, an employer’s
agent, an employer-organized association, a state agency, a
county, a city, a public transportation benefit area, or any
other political subdivision that owns or leases a ride-sharing
vehicle.
(5) "Ride-sharing promotional activities" means those
activities involved in forming a commuter ride-sharing
arrangement or a flexible commuter ride-sharing arrangement, including but not limited to receiving information from
existing and prospective ride-sharing participants, sharing
that information with other existing and prospective ridesharing participants, matching those persons with other existing or prospective ride-sharing participants, and making
assignments of persons to ride-sharing arrangements.
(6) "Persons with special transportation needs" means
those persons defined in RCW 81.66.010(4). [1997 c 250 §
8; 1997 c 95 § 1; 1996 c 244 § 2; 1979 c 111 § 1.]
Reviser’s note: This section was amended by 1997 c 95 § 1 and by
1997 c 250 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1979 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1979 c 111 § 21.]
46.74.020
46.74.020 Exclusion from for hire vehicle laws. Ridesharing vehicles are not deemed for hire vehicles and do not
fall within the provisions of chapter 46.72 RCW or any other
provision of Title 46 RCW affecting for hire vehicles,
whether or not the ride-sharing operator receives compensation. [1979 c 111 § 2.]
Severability—1979 c 111: See note following RCW 46.74.010.
46.74.030
46.74.030 Operators. The operator and the driver of a
commuter ride-sharing vehicle or a flexible commuter ridesharing vehicle shall be held to a reasonable and ordinary
standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers or
owners of motor vehicles operated for hire, or other common
carriers or public transit carriers. No person, entity, or concern may, as a result of engaging in ride-sharing promotional
activities, be liable for civil damages arising directly or indirectly (1) from the maintenance and operation of a commuter
ride-sharing or flexible commuter ride-sharing vehicle; or (2)
from an intentional act of another person who is participating
or proposing to participate in a commuter ride-sharing or
flexible commuter ride-sharing arrangement, unless the ridesharing operator or promoter had prior, actual knowledge that
the intentional act was likely to occur and had a reasonable
ability to prevent the act from occurring. [1997 c 250 § 9;
1996 c 244 § 3; 1979 c 111 § 3.]
Severability—1979 c 111: See note following RCW 46.74.010.
(2008 Ed.)
Motor Vehicle Transporters
Chapter 46.76
Chapter 46.76 RCW
MOTOR VEHICLE TRANSPORTERS
Sections
46.76.010
46.76.020
46.76.030
46.76.040
46.76.050
46.76.055
46.76.060
46.76.065
46.76.067
46.76.070
46.76.080
License required—Exceptions—"Driveaway or towaway
methods" defined.
Application for license.
Issuance of license—Plates.
License and plate fees.
Expiration, renewal—Fee.
Staggering renewal periods.
Display of plates—Nontransferability.
Grounds for denial, suspension, or revocation of license.
Compliance with chapter 81.80 RCW.
Rules.
Penalty.
46.76.010 License required—Exceptions—"Driveaway or towaway methods" defined. It shall be unlawful
for any person, firm, partnership, association, or corporation
to engage in the business of delivering by the driveaway or
towaway methods vehicles not his own and of a type required
to be registered under the laws of this state, without procuring
a transporter’s license in accordance with the provisions of
this chapter.
This shall not apply to motor freight carriers or operations regularly licensed under the provisions of chapter 81.80
RCW to haul such vehicles on trailers or semitrailers.
Driveaway or towaway methods means the delivery service rendered by a motor vehicle transporter wherein motor
vehicles are driven singly or in combinations by the towbar,
saddlemount or fullmount methods or any lawful combinations thereof, or where a truck or truck-tractor draws or tows
a semitrailer or trailer. [1961 c 12 § 46.76.010. Prior: 1957 c
107 § 1; 1953 c 155 § 1; 1947 c 97 § 1; Rem. Supp. 1947 §
6382-75.]
46.76.010
46.76.020 Application for license. Application for a
transporter’s license shall be made on a form provided for
that purpose by the director of licensing and when executed
shall be forwarded to the director together with the proper
fee. The application shall contain the name and address of
the applicant, state whether or not the license will be used to
provide towing services for monetary compensation as
described in RCW 46.55.025 and, if so, whether or not the
applicant is a registered tow truck operator, and contain other
information as the director may require. [2008 c 19 § 1; 1979
c 158 § 189; 1967 c 32 § 91; 1961 c 12 § 46.76.020. Prior:
1947 c 97 § 2; Rem. Supp. 1947 § 6382-76.]
46.76.020
46.76.030 Issuance of license—Plates. Upon receiving
an application for transporter’s license the director, if satisfied that the applicant is entitled thereto, shall issue a proper
certificate of license registration and a distinctive set of
license plates and shall transmit the fees obtained therefor
with a proper identifying report to the state treasurer, who
shall deposit such fees in the motor vehicle fund. The certificate of license registration and license plates issued by the
director shall authorize the holder of the license to drive or
tow any motor vehicle or trailers upon the public highways.
[1967 c 32 § 92; 1961 c 12 § 46.76.030. Prior: 1947 c 97 § 3;
Rem. Supp. 1947 § 6382-77.]
46.76.030
(2008 Ed.)
46.76.067
46.76.040 License and plate fees. The fee for an original transporter’s license is twenty-five dollars. Transporter
license number plates bearing an appropriate symbol and
serial number shall be attached to all vehicles being delivered
in the conduct of the business licensed under this chapter.
The plates may be obtained for a fee of two dollars for each
set. [1990 c 250 § 68; 1961 c 12 § 46.76.040. Prior: 1957 c
107 § 2; 1947 c 97 § 4; Rem. Supp. 1947 § 6382-78.]
46.76.040
Severability—1990 c 250: See note following RCW 46.16.301.
46.76.050 Expiration, renewal—Fee. A transporter’s
license expires on the date assigned by the director, and may
be renewed by filing a proper application and paying an
annual fee of fifteen dollars. [1985 c 109 § 3; 1961 c 12 §
46.76.050. Prior: 1947 c 97 § 5; Rem. Supp. 1947 § 638279.]
46.76.050
46.76.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director may
extend or diminish the licensing period of transporters for the
purpose of staggering renewal periods. The extension or
diminishment shall be by rule of the department adopted in
accordance with chapter 34.05 RCW. [1985 c 109 § 4.]
46.76.055
46.76.060 Display of plates—Nontransferability.
Transporter’s license plates shall be conspicuously displayed
on all vehicles being delivered by the driveaway or towaway
methods. These plates shall not be loaned to or used by any
person other than the holder of the license or his employees.
[1961 c 12 § 46.76.060. Prior: 1957 c 107 § 3; 1947 c 97 § 6;
Rem. Supp. 1947 § 6382-80.]
46.76.060
46.76.065 Grounds for denial, suspension, or revocation of license. The following conduct shall be sufficient
grounds pursuant to RCW 34.05.422 for the director or a designee to deny, suspend, or revoke the license of a motor vehicle transporter:
(1) Using transporter plates for driveaway or towaway of
any vehicle owned by such transporter;
(2) Knowingly, as that term is defined in RCW
9A.08.010(1)(b), having possession of a stolen vehicle or a
vehicle with a defaced, missing, or obliterated manufacturer’s identification serial number;
(3) Loaning transporter plates;
(4) Using transporter plates for any purpose other than as
provided under RCW 46.76.010; or
(5) Violation of provisions of this chapter or of rules and
regulations adopted relating to enforcement and proper operation of this chapter. [1977 ex.s. c 254 § 1.]
46.76.065
46.76.067 Compliance with chapter 81.80 RCW. (1)
Any person or organization that transports any mobile home
or other vehicle for hire shall comply with this chapter and
chapter 81.80 RCW. Persons or organizations that do not
have a valid permit or meet other requirements under chapter
81.80 RCW shall not be issued a transporter license or transporter plates to transport mobile homes or other vehicles.
RCW 46.76.065(5) applies to persons or organizations that
have transporter licenses or plates and do not meet the
requirements of chapter 81.80 RCW.
46.76.067
[Title 46 RCW—page 325]
46.76.070
Title 46 RCW: Motor Vehicles
(2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the mobile
home under chapter 46.70 RCW. [1988 c 239 § 4.]
46.76.070 Rules. The director may make any reasonable rules or regulations not inconsistent with the provisions
of this chapter relating to the enforcement and proper operation of this chapter. [1967 c 32 § 93; 1961 c 12 § 46.76.070.
Prior: 1947 c 97 § 7; Rem. Supp. 1947 § 6382-81.]
46.76.070
46.76.080 Penalty. The violation of any provision of
this chapter is a traffic infraction. In addition to any other
penalty imposed upon a violator of the provisions of this
chapter, the director may confiscate any transporter license
plates used in connection with such violation. [1979 ex.s. c
136 § 96; 1961 c 12 § 46.76.080. Prior: 1947 c 97 § 8; Rem.
Supp. 1947 § 6382-82.]
46.76.080
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.79 RCW
HULK HAULERS AND SCRAP PROCESSORS
Chapter 46.79
Sections
46.79.010
46.79.020
46.79.030
46.79.040
46.79.050
46.79.055
46.79.060
46.79.070
46.79.080
46.79.090
46.79.100
46.79.110
46.79.120
46.79.130
Definitions.
Transporting junk vehicles to scrap processor—Removal of
parts, restrictions.
Application for license, renewal—Form—Signature—Contents.
Application forwarded with fees—Issuance of license—Disposition of fees—Display of license.
License expiration—Renewal fee—Surrender of license,
when.
Staggering renewal periods.
Special license plates—Fee.
Acts subject to penalties.
Rules.
Inspection of premises and records—Certificate of inspection.
Other provisions to comply with chapter.
Chapter not to prohibit individual towing of vehicles to wreckers or processors.
Unlicensed hulk hauling or scrap processing—Penalty.
Wholesale motor vehicle auction dealers.
46.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context indicates otherwise.
(1) "Junk vehicle" means a motor vehicle certified under
RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the
scrap in it.
(2) "Scrap processor" means a licensed establishment
that maintains a hydraulic baler and shears, or a shredder for
recycling salvage.
(3) "Demolish" means to destroy completely by use of a
hydraulic baler and shears, or a shredder.
(4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them
to a licensed vehicle wrecker or scrap processor in substan46.79.010
[Title 46 RCW—page 326]
tially the same form in which they are obtained. A hulk hauler
may not sell secondhand motor vehicle parts to anyone other
than a licensed vehicle wrecker or scrap processor, except for
those parts specifically enumerated in RCW 46.79.020(2), as
now or hereafter amended, which may be sold to a licensed
vehicle wrecker or disposed of at a public facility for waste
disposal.
(5) "Director" means the director of licensing.
(6) "Major component parts" include engines and short
blocks, frames, transmissions or transfer cases, cabs, doors,
front or rear differentials, front or rear clips, quarter panels or
fenders, bumpers, truck beds or boxes, seats, and hoods.
[2001 c 64 § 10; 1990 c 250 § 69; 1983 c 142 § 2; 1979 c 158
§ 190; 1971 ex.s. c 110 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.020 Transporting junk vehicles to scrap processor—Removal of parts, restrictions. Any hulk hauler or
scrap processor licensed under the provisions of this chapter
may:
(1) Notwithstanding any other provision of law, transport any flattened or junk vehicle whether such vehicle is
from in state or out of state, to a scrap processor upon obtaining the certificate of title or release of interest from the owner
or an affidavit of sale from the landowner who has complied
with RCW 46.55.230. The scrap processor shall forward such
document(s) to the department, together with a monthly
report of all vehicles acquired from other than a licensed
automobile wrecker, and no further identification shall be
necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only
by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted
by a scrap processor or wrecker. Such parts may be removed
only at a properly zoned location, and all preparation activity,
vehicles, and vehicle parts shall be obscured from public
view. Storage is limited to two vehicles or the parts thereof
which are authorized by this subsection, and any such storage
may take place only at a properly zoned location. Any vehicle
parts removed under the authority of this subsection shall be
lawfully disposed of at or through a public facility or service
for waste disposal or by sale to a licensed vehicle wrecker.
[2001 c 64 § 11; 1990 c 250 § 70; 1987 c 62 § 1; 1983 c 142
§ 3; 1979 c 158 § 191; 1971 ex.s. c 110 § 2.]
46.79.020
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.030 Application for license, renewal—Form—
Signature—Contents. Application for a hulk hauler’s
license or a scrap processor’s license or renewal of a hulk
hauler’s license or a scrap processor’s license shall be made
on a form for this purpose, furnished by the director, and shall
be signed by the applicant or his authorized agent and shall
include the following information:
46.79.030
(2008 Ed.)
Hulk Haulers and Scrap Processors
(1) Name and address of the person, firm, partnership,
association or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having an
interest in the business or, if the owner is a corporation, the
names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town, wherever located, having a population of over
five thousand persons and in all other instances a member of
the state patrol certifying that the applicant can be found at
the address shown on the application, and;
(4) Any other information that the director may require.
[1971 ex.s. c 110 § 3.]
46.79.040
46.79.040 Application forwarded with fees—Issuance of license—Disposition of fees—Display of license.
Application for a hulk hauler’s license, together with a fee of
ten dollars, or application for a scrap processor’s license,
together with a fee of twenty-five dollars, shall be forwarded
to the director. Upon receipt of the application the director
shall, if the application be in order, issue the license applied
for authorizing him to do business as such and forward the
fee, together with an itemized and detailed report, to the state
treasurer, to be deposited in the motor vehicle fund. Upon
receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his application,
where it may be inspected by an investigating officer at any
time. [1971 ex.s. c 110 § 4.]
46.79.050
46.79.050 License expiration—Renewal fee—Surrender of license, when. A license issued pursuant to this
chapter expires on the date assigned by the director, and may
be renewed by filing a proper application and payment of a
fee of ten dollars.
Whenever a hulk hauler or scrap processor ceases to do
business or the license has been suspended or revoked, the
license shall immediately be surrendered to the director.
[1985 c 109 § 5; 1983 c 142 § 4; 1971 ex.s. c 110 § 5.]
46.79.055
46.79.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director may
extend or diminish the licensing period of hulk haulers and
scrap processors for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the
department adopted in accordance with chapter 34.05 RCW.
[1985 c 109 § 6.]
46.79.060
46.79.060 Special license plates—Fee. The hulk
hauler or scrap processor shall obtain a special set of license
plates in addition to the regular licenses and plates required
for the operation of vehicles owned and/or operated by him
and used in the conduct of his business. Such special license
shall be displayed on the operational vehicles and shall be in
lieu of a trip permit or current license on any vehicle being
transported. The fee for these plates shall be five dollars for
the original plates and two dollars for each additional set of
plates bearing the same license number. [1971 ex.s. c 110 §
6.]
(2008 Ed.)
46.79.070
46.79.070
46.79.070 Acts subject to penalties. The director may
by order pursuant to the provisions of chapter 34.05 RCW,
deny, suspend, or revoke the license of any hulk hauler or
scrap processor or, in lieu thereof or in addition thereto, may
by order assess monetary penalties of a civil nature not to
exceed five hundred dollars per violation, whenever the
director finds that the applicant or licensee:
(1) Removed a vehicle or vehicle major component part
from property without obtaining both the written permission
of the property owner and documentation approved by the
department for acquiring vehicles, junk vehicles, or major
component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or
major component part thereof when he or she knew that such
vehicle or part had been stolen or appropriated without the
consent of the owner;
(3) Sold, bought, received, concealed, had in his or her
possession, or disposed of a vehicle or major component part
thereof having a missing, defaced, altered, or covered manufacturer’s identification number, unless approved by a law
enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant
to Title 46 RCW;
(5) Committed any dishonest act or omission which has
caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component
part thereof;
(6) Failed to comply with any of the provisions of this
chapter or other applicable law relating to registration and
certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or
vehicles and failed to take all remnants and debris from those
vehicles from that area unless requested not to do so by the
person authorizing the removal;
(8) Removed parts from a vehicle at other than an
approved location or removed or sold parts or vehicles
beyond the scope authorized by this chapter or any rule
adopted hereunder;
(9) Been adjudged guilty of a crime which directly
relates to the business of a hulk hauler or scrap processor and
the time elapsed since the adjudication is less than five years.
For the purposes of this section adjudged guilty means, in
addition to a final conviction in either a federal, state, or
municipal court, an unvacated forfeiture of bail or collateral
deposited to secure a defendant’s appearance in court, the
payment of a fine, a plea of guilty, or a finding of guilt
regardless of whether the imposition of sentence is deferred
or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this
chapter which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid. [1990 c 250 § 71; 1983 c 142 § 5;
1971 ex.s. c 110 § 7.]
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 327]
46.79.080
Title 46 RCW: Motor Vehicles
46.79.080 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1971 ex.s. c 110 § 8.]
46.79.080
46.79.090 Inspection of premises and records—Certificate of inspection. It shall be the duty of the chiefs of
police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases
the Washington state patrol, to make periodic inspection of
the hulk hauler’s or scrap processor’s premises and records
provided for in this chapter, and furnish a certificate of
inspection to the director in such manner as may be determined by the director: PROVIDED, That the above inspection in any instance can be made by an authorized representative of the department.
The department is hereby authorized to enlist the services and cooperation of any law enforcement officer or state
agency of another state to inspect the premises of any hulk
hauler or scrap processor whose established place of business
is in that other state but who is licensed to transport automobile hulks within Washington state. [1983 c 142 § 6; 1971
ex.s. c 110 § 9.]
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 4.]
46.79.090
46.79.100 Other provisions to comply with chapter.
Any municipality or political subdivision of this state which
now has or subsequently makes provision for the regulation
of hulk haulers or scrap processors shall comply strictly with
the provisions of this chapter. [1971 ex.s. c 110 § 10.]
46.79.100
46.79.110 Chapter not to prohibit individual towing
of vehicles to wreckers or processors. Nothing contained in
this chapter shall be construed to prohibit any individual not
engaged in business as a hulk hauler or scrap processor from
towing any vehicle owned by him or her to any vehicle
wrecker or scrap processor. [2001 c 64 § 12; 1983 c 142 § 7;
1971 ex.s. c 110 § 11.]
46.79.110
Chapter 46.80
Chapter 46.80 RCW
VEHICLE WRECKERS
Sections
46.80.005
46.80.010
46.80.020
46.80.030
46.80.040
46.80.050
46.80.060
46.80.070
46.80.080
46.80.090
46.80.100
46.80.110
46.80.121
46.80.130
46.80.140
46.80.150
46.80.160
46.80.170
46.80.180
46.80.190
46.80.200
46.80.900
Legislative declaration.
Definitions.
License required—Penalty.
Application for license—Contents.
Issuance of license—Fee.
Expiration, renewal—Fee.
License plates—Fee—Display.
Bond.
Records—Penalty.
Reports to department—Evidence of ownership.
Cancellation of bond.
License penalties, civil fines, criminal penalties.
False or unqualified applications.
All storage at place of business—Screening required—Penalty.
Rules.
Inspection of licensed premises and records.
Municipal compliance.
Violations—Penalties.
Cease and desist orders—Fines.
Subpoenas.
Wholesale motor vehicle auction dealers.
Liberal construction.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
46.80.005 Legislative declaration. The legislature
finds and declares that the distribution and sale of vehicle
parts in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare and in the exercise of its police power, it is
necessary to regulate and license vehicle wreckers and dismantlers, the buyers-for-resale, and the sellers of secondhand
vehicle components doing business in Washington, in order
to prevent the sale of stolen vehicle parts, to prevent frauds,
impositions, and other abuses, and to preserve the investments and properties of the citizens of this state. [1995 c 256
§ 3; 1977 ex.s. c 253 § 1.]
46.80.005
46.79.120 Unlicensed hulk hauling or scrap processing—Penalty. Any hulk hauler or scrap processor who
engages in the business of hulk hauling or scrap processing
without holding a current license issued by the department
for authorization to do so, or, holding such a license, exceeds
the authority granted by that license, is guilty of a gross misdemeanor. [1983 c 142 § 8.]
Severability—1977 ex.s. c 253: "If any provision of this 1977 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of
the amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [1977 ex.s. c 253 § 14.]
46.79.130 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" as defined in RCW 46.80.010 may be sold to motor
vehicle dealers and vehicle wreckers licensed under Title 46
RCW by the state of Washington or licensed by any other
state.
46.80.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Vehicle wrecker" means every person, firm, partnership, association, or corporation engaged in the business of
buying, selling, or dealing in vehicles of a type required to be
licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially changing
the form of a vehicle, or who buys or sells integral secondhand parts of component material thereof, in whole or in part,
or who deals in secondhand vehicle parts.
(2) "Core" means a major component part received by a
vehicle wrecker in exchange for a like part sold by the
wrecker, is not resold as a major component part except for
scrap metal value or for remanufacture, and the wrecker
46.79.120
46.79.130
[Title 46 RCW—page 328]
46.80.010
(2008 Ed.)
Vehicle Wreckers
maintains records for three years from the date of acquisition
to identify the name of the person from whom the core was
received.
(3) "Established place of business" means a building or
enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his books and records
are kept and business is transacted and which must conform
with zoning regulations.
(4) "Interim owner" means the owner of a vehicle who
has the original certificate of ownership for the vehicle,
which certificate has been released by the person named on
the certificate and assigned to the person offering to sell the
vehicle to the wrecker.
(5) "Major component part" includes at least each of the
following vehicle parts: (a) Engines and short blocks; (b)
frame; (c) transmission and/or transfer case; (d) cab; (e) door;
(f) front or rear differential; (g) front or rear clip; (h) quarter
panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m)
fender; and (n) airbag. The director may supplement this list
by rule.
(6) "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the
intent to dismantle or disassemble and never again to operate
as a vehicle, or a vehicle which has sustained such damage
that its cost to repair exceeds the fair market value of a like
vehicle which has not sustained such damage, or a damaged
vehicle whose salvage value plus cost to repair equals or
exceeds its fair market value, if repaired, or a vehicle which
has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state for which the
salvage value plus cost to repair exceeds its fair market value,
if repaired; further, it is presumed that a vehicle is a wreck if
it has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state. [1999 c 278
§ 1; 1995 c 256 § 4; 1977 ex.s. c 253 § 2; 1961 c 12 §
46.80.010. Prior: 1947 c 262 § 1; Rem. Supp. 1947 § 832640.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.020 License required—Penalty. (1) It is unlawful for a person to engage in the business of wrecking vehicles without having first applied for and received a license.
(2)(a) Except as provided in (b) of this subsection, a person or firm engaged in the unlawful activity described in this
section is guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
253; 1995 c 256 § 5; 1979 c 158 § 192; 1977 ex.s. c 253 § 3;
1971 ex.s. c 7 § 1; 1967 c 32 § 94; 1961 c 12 § 46.80.020.
Prior: 1947 c 262 § 2; Rem. Supp. 1947 § 8326-41.]
46.80.060
(1) Name and address of the person, firm, partnership,
association, or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having an
interest in the business or, if the owner is a corporation, the
names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town having a population of over five thousand persons and in all other instances a member of the Washington
state patrol certifying that:
(a) The applicant has an established place of business at
the address shown on the application, and;
(b) In the case of a renewal of a vehicle wrecker’s
license, the applicant is in compliance with this chapter and
the provisions of Title 46 RCW, relating to registration and
certificates of title: PROVIDED, That the above certifications in any instance can be made by an authorized representative of the department of licensing;
(4) Any other information that the department may
require. [2001 c 64 § 13; 1990 c 250 § 72; 1979 c 158 § 193;
1977 ex.s. c 253 § 4; 1971 ex.s. c 7 § 2; 1967 ex.s. c 13 § 1;
1967 c 32 § 95; 1961 c 12 § 46.80.030. Prior: 1947 c 262 §
3; Rem. Supp. 1947 § 8326-42.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.040 Issuance of license—Fee. The application,
together with a fee of twenty-five dollars, and a surety bond
as provided in RCW 46.80.070, shall be forwarded to the
department. Upon receipt of the application the department
shall, if the application is in order, issue a vehicle wrecker’s
license authorizing the wrecker to do business as such and
forward the fee to the state treasurer, to be deposited in the
motor vehicle fund. Upon receiving the certificate the owner
shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at
any time. [1995 c 256 § 6; 1971 ex.s. c 7 § 3; 1967 c 32 § 96;
1961 c 12 § 46.80.040. Prior: 1947 c 262 § 4; Rem. Supp.
1947 § 8326-43.]
46.80.040
46.80.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.030 Application for license—Contents. Application for a vehicle wrecker’s license or renewal of a vehicle
wrecker’s license shall be made on a form for this purpose,
furnished by the department of licensing, and shall be signed
by the vehicle wrecker or his authorized agent and shall
include the following information:
46.80.050 Expiration, renewal—Fee. A license issued
on this application remains in force until suspended or
revoked and may be renewed annually upon reapplication
according to RCW 46.80.030 and upon payment of a fee of
ten dollars. A vehicle wrecker who fails or neglects to renew
the license before the assigned expiration date shall pay the
fee for an original vehicle wrecker license as provided in this
chapter.
Whenever a vehicle wrecker ceases to do business as
such or the license has been suspended or revoked, the
wrecker shall immediately surrender the license to the department. [1995 c 256 § 7; 1985 c 109 § 7; 1971 ex.s. c 7 § 4;
1967 ex.s. c 13 § 2; 1967 c 32 § 97; 1961 c 12 § 46.80.050.
Prior: 1947 c 262 § 5; Rem. Supp. 1947 § 8326-44.]
46.80.050
46.80.030
(2008 Ed.)
46.80.060 License plates—Fee—Display. The vehicle
wrecker shall obtain a special set of license plates in addition
to the regular licenses and plates required for the operation of
such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker and used in the
46.80.060
[Title 46 RCW—page 329]
46.80.070
Title 46 RCW: Motor Vehicles
conduct of the business. The fee for these plates shall be five
dollars for the original plates and two dollars for each additional set of plates bearing the same license number. A
wrecker with more than one licensed location in the state may
use special plates bearing the same license number for vehicles operated out of any of the licensed locations. [1995 c
256 § 8; 1961 c 12 § 46.80.060. Prior: 1957 c 273 § 21; 1947
c 262 § 6; Rem. Supp. 1947 § 8326-45.]
46.80.070 Bond. Before issuing a vehicle wrecker’s
license, the department shall require the applicant to file with
the department a surety bond in the amount of one thousand
dollars, running to the state of Washington and executed by a
surety company authorized to do business in the state of
Washington. The bond shall be approved as to form by the
attorney general and conditioned upon the wrecker conducting the business in conformity with the provisions of this
chapter. Any person who has suffered any loss or damage by
reason of fraud, carelessness, neglect, violation of the terms
of this chapter, or misrepresentation on the part of the wrecking company, may institute an action for recovery against the
vehicle wrecker and surety upon the bond. However, the
aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. [1995 c 256 § 9; 1977
ex.s. c 253 § 5; 1971 ex.s. c 7 § 5; 1967 c 32 § 98; 1961 c 12
§ 46.80.070. Prior: 1947 c 262 § 7; Rem. Supp. 1947 §
8326-46.]
46.80.070
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.080 Records—Penalty. (1) Every vehicle
wrecker shall maintain books or files in which the wrecker
shall keep a record and a description of:
(a) Every vehicle wrecked, dismantled, disassembled, or
substantially altered by the wrecker; and
(b) Every major component part acquired by the
wrecker; together with a bill of sale signed by a seller whose
identity has been verified and the name and address of the
person, firm, or corporation from whom the wrecker purchased the vehicle or part. Major component parts other than
cores shall be further identified by the vehicle identification
number of the vehicle from which the part came.
(2) The record shall also contain the following data
regarding the wrecked or acquired vehicle or vehicle that is
the source of a major component part other than a core:
(a) The certificate of title number (if previously titled in
this or any other state);
(b) Name of state where last registered;
(c) Number of the last license number plate issued;
(d) Name of vehicle;
(e) Motor or identification number and serial number of
the vehicle;
(f) Date purchased;
(g) Disposition of the motor and chassis;
(h) Yard number assigned by the licensee to the vehicle
or major component part, which shall also appear on the identified vehicle or part; and
(i) Such other information as the department may
require.
(3) The records shall also contain a bill of sale signed by
the seller for other minor component parts acquired by the
46.80.080
[Title 46 RCW—page 330]
licensee, identifying the seller by name, address, and date of
sale.
(4) The records shall be maintained by the licensee at his
or her established place of business for a period of three years
from the date of acquisition.
(5) The record is subject to inspection at all times during
regular business hours by members of the police department,
sheriff’s office, members of the Washington state patrol, or
officers or employees of the department.
(6) A vehicle wrecker shall also maintain a similar
record of all disabled vehicles that have been towed or transported to the vehicle wrecker’s place of business or to other
places designated by the owner of the vehicle or his or her
representative. This record shall specify the name and
description of the vehicle, name of owner, number of license
plate, condition of the vehicle and place to which it was
towed or transported.
(7) Failure to comply with this section is a gross misdemeanor. [1999 c 278 § 2; 1995 c 256 § 10; 1977 ex.s. c 253
§ 6; 1971 ex.s. c 7 § 6; 1967 c 32 § 99; 1961 c 12 § 46.80.080.
Prior: 1947 c 262 § 8; Rem. Supp. 1947 § 8326-47.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.090 Reports to department—Evidence of ownership. Within thirty days after acquiring a vehicle, the vehicle wrecker shall furnish a written report to the department.
This report shall be in such form as the department shall prescribe and shall be accompanied by evidence of ownership as
determined by the department. No vehicle wrecker may
acquire a vehicle, including a vehicle from an interim owner,
without first obtaining evidence of ownership as determined
by the department. For a vehicle from an interim owner, the
evidence of ownership may not require that a title be issued in
the name of the interim owner as required by RCW
46.12.101. The vehicle wrecker shall furnish a monthly
report of all acquired vehicles. This report shall be made on
forms prescribed by the department and contain such information as the department may require. This statement shall
be signed by the vehicle wrecker or an authorized representative and the facts therein sworn to before a notary public, or
before an officer or employee of the department designated
by the director to administer oaths or acknowledge signatures, pursuant to RCW 46.01.180. [1999 c 278 § 3; 1995 c
256 § 11; 1979 c 158 § 194; 1977 ex.s. c 253 § 7; 1971 ex.s.
c 7 § 7; 1967 c 32 § 100; 1961 c 12 § 46.80.090. Prior: 1947
c 262 § 9; Rem. Supp. 1947 § 8326-48.]
46.80.090
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.100 Cancellation of bond. If, after issuing a
vehicle wrecker’s license, the bond is canceled by the surety
in a method provided by law, the department shall immediately notify the principal covered by the bond and afford the
principal the opportunity of obtaining another bond before
the termination of the original. If the principal fails, neglects,
or refuses to obtain a replacement, the director may cancel or
suspend the vehicle wrecker’s license. Notice of cancellation
of the bond may be accomplished by sending a notice by
first-class mail using the last known address in department
records for the principal covered by the bond and recording
the transmittal on an affidavit of first-class mail. [1995 c 256
46.80.100
(2008 Ed.)
Vehicle Wreckers
§ 12; 1977 ex.s. c 253 § 8; 1967 c 32 § 101; 1961 c 12 §
46.80.100. Prior: 1947 c 262 § 10; Rem. Supp. 1947 § 832649.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.110 License penalties, civil fines, criminal penalties. (1) The director or a designee may, pursuant to the
provisions of chapter 34.05 RCW, by order deny, suspend, or
revoke the license of a vehicle wrecker, or assess a civil fine
of up to five hundred dollars for each violation, if the director
finds that the applicant or licensee has:
(a) Acquired a vehicle or major component part other
than by first obtaining title or other documentation as provided by this chapter;
(b) Willfully misrepresented the physical condition of
any motor or integral part of a vehicle;
(c) Sold, had in the wrecker’s possession, or disposed of
a vehicle or any part thereof when he or she knows that the
vehicle or part has been stolen, or appropriated without the
consent of the owner;
(d) Sold, bought, received, concealed, had in the
wrecker’s possession, or disposed of a vehicle or part thereof
having a missing, defaced, altered, or covered manufacturer’s
identification number, unless approved by a law enforcement
officer;
(e) Committed forgery or misstated a material fact on
any title, registration, or other document covering a vehicle
that has been reassembled from parts obtained from the disassembling of other vehicles;
(f) Committed any dishonest act or omission that the
director has reason to believe has caused loss or serious
inconvenience as a result of a sale of a vehicle or part thereof;
(g) Failed to comply with any of the provisions of this
chapter or with any of the rules adopted under it, or with any
of the provisions of Title 46 RCW relating to registration and
certificates of title of vehicles;
(h) Procured a license fraudulently or dishonestly;
(i) Been convicted of a crime that directly relates to the
business of a vehicle wrecker and the time elapsed since conviction is less than ten years, or suffered any judgment within
the preceding five years in any civil action involving fraud,
misrepresentation, or conversion. For the purposes of this
section, conviction means in addition to a final conviction in
either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant’s
appearance in court, the payment of a fine, a plea of guilty, or
a finding of guilt regardless of whether the sentence is
deferred or the penalty is suspended.
(2) In addition to actions by the department under this
section, it is a gross misdemeanor to violate subsection (1)(a),
(b), or (h) of this section. [1995 c 256 § 13; 1989 c 337 § 17;
1977 ex.s. c 253 § 9; 1971 ex.s. c 7 § 8; 1967 ex.s. c 13 § 3;
1967 c 32 § 102; 1961 c 12 § 46.80.110. Prior: 1947 c 262 §
11; Rem. Supp. 1947 § 8326-50.]
46.80.110
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.121 False or unqualified applications. If a person whose vehicle wrecker license has previously been canceled for cause by the department files an application for a
license to conduct business as a vehicle wrecker, or if the
46.80.121
(2008 Ed.)
46.80.160
department is of the opinion that the application is not filed in
good faith or that the application is filed by some person as a
subterfuge for the real person in interest whose license has
previously been canceled for cause, the department may
refuse to issue the person a license to conduct business as a
vehicle wrecker. [1995 c 256 § 14.]
46.80.130 All storage at place of business—Screening
required—Penalty. (1) It is unlawful for a vehicle wrecker
to keep a vehicle or any integral part thereof in any place
other than the established place of business, designated in the
certificate issued by the department, without permission of
the department.
(2) All premises containing vehicles or parts thereof
shall be enclosed by a wall or fence of such height as to
obscure the nature of the business carried on therein. To the
extent reasonably necessary or permitted by the topography
of the land, the department may establish specifications or
standards for the fence or wall. The wall or fence shall be
painted or stained a neutral shade that blends in with the surrounding premises, and the wall or fence must be kept in
good repair. A living hedge of sufficient density to prevent a
view of the confined area may be substituted for such a wall
or fence. Any dead or dying portion of the hedge shall be
replaced.
(3) Violation of subsection (1) of this section is a gross
misdemeanor. [1995 c 256 § 15; 1971 ex.s. c 7 § 9; 1967
ex.s. c 13 § 4; 1967 c 32 § 103; 1965 c 117 § 1; 1961 c 12 §
46.80.130. Prior: 1947 c 262 § 13; Rem. Supp. 1947 § 832652.]
46.80.130
46.80.140 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1967 c 32 § 104; 1961 c 12 §
46.80.140. Prior: 1947 c 262 § 14; Rem. Supp. 1947 § 832653.]
46.80.140
46.80.150 Inspection of licensed premises and
records. It shall be the duty of the chiefs of police, or the
Washington state patrol, in cities having a population of over
five thousand persons, and in all other cases the Washington
state patrol, to make periodic inspection of the vehicle
wrecker’s licensed premises and records provided for in this
chapter during normal business hours, and furnish a certificate of inspection to the department in such manner as may
be determined by the department. In any instance, an authorized representative of the department may make the inspection. [1995 c 256 § 16; 1983 c 142 § 9; 1977 ex.s. c 253 § 10;
1971 ex.s. c 7 § 10; 1967 ex.s. c 13 § 5; 1967 c 32 § 105; 1961
c 12 § 46.80.150. Prior: 1947 c 262 § 15; Rem. Supp. 1947 §
8326-54.]
46.80.150
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.160 Municipal compliance. Any municipality or
political subdivision of this state that now has or subsequently makes provision for the regulation of vehicle wreckers shall comply strictly with the provisions of this chapter.
[1995 c 256 § 17; 1961 c 12 § 46.80.160. Prior: 1947 c 262 §
16; Rem. Supp. 1947 § 8326-55.]
46.80.160
[Title 46 RCW—page 331]
46.80.170
Title 46 RCW: Motor Vehicles
46.80.170 Violations—Penalties. Unless otherwise
provided by law, it is a misdemeanor for any person to violate
any of the provisions of this chapter or the rules adopted
under this chapter. [1995 c 256 § 18; 1977 ex.s. c 253 § 11.]
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle," the dealer must disclose
this fact on the bill of sale. [1998 c 282 § 6.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.80.900 Liberal construction. The provisions of this
chapter shall be liberally construed to the end that traffic in
stolen vehicle parts may be prevented, and irresponsible,
unreliable, or dishonest persons may be prevented from
engaging in the business of wrecking vehicles or selling used
vehicle parts in this state and reliable persons may be encouraged to engage in businesses of wrecking or reselling vehicle
parts in this state. [1995 c 256 § 21; 1977 ex.s. c 253 § 13.]
46.80.170
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.180 Cease and desist orders—Fines. (1) If it
appears to the director that an unlicensed person has engaged
in an act or practice constituting a violation of this chapter, or
a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist
from continuing the act or practice. The director shall give
the person reasonable notice of and opportunity for a hearing.
The director may issue a temporary order pending a hearing.
The temporary order remains in effect until ten days after the
hearing is held and becomes final if the person to whom the
notice is addressed does not request a hearing within fifteen
days after receipt of the notice.
(2) The director may assess a fine of up to one thousand
dollars with the final order for each act or practice constituting a violation of this chapter by an unlicensed person. [1995
c 256 § 19.]
46.80.180
46.80.190 Subpoenas. (1) The department of licensing
or its authorized agent may examine or subpoena any persons, books, papers, records, data, vehicles, or vehicle parts
bearing upon the investigation or proceeding under this chapter.
(2) The persons subpoenaed may be required to testify
and produce any books, papers, records, data, vehicles, or
vehicle parts that the director deems relevant or material to
the inquiry.
(3) The director or an authorized agent may administer
an oath to the person required to testify, and a person giving
false testimony after the administration of the oath is guilty of
perjury in the first degree under RCW 9A.72.020.
(4) A court of competent jurisdiction may, upon application by the director, issue to a person who fails to comply, an
order to appear before the director or officer designated by
the director, to produce documentary or other evidence
touching the matter under investigation or in question. [2003
c 53 § 254; 1995 c 256 § 20.]
46.80.190
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.80.200 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" may be sold to motor vehicle dealers and vehicle
wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
46.80.200
[Title 46 RCW—page 332]
46.80.900
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Chapter 46.81 RCW
TRAFFIC SAFETY EDUCATION COURSES
Chapter 46.81
(See chapter 28A.220 RCW)
Chapter 46.81A RCW
MOTORCYCLE SKILLS EDUCATION PROGRAM
Chapter 46.81A
Sections
46.81A.001
46.81A.010
46.81A.020
46.81A.030
46.81A.900
Purpose.
Definitions.
Powers and duties of director, department.
Deposit of gifts.
Severability—1988 c 227.
46.81A.001 Purpose. It is the purpose of this chapter to
provide the motorcycle riders of the state with an affordable
motorcycle skills education program in order to promote
motorcycle safety awareness. [1988 c 227 § 1.]
46.81A.001
46.81A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Motorcycle skills education program" means a
motorcycle rider skills training program to be administered
by the department.
(2) "Department" means the department of licensing.
(3) "Director" means the director of licensing.
(4) "Motorcycle" means a motor vehicle designed to
travel on not more than three wheels in contact with the
ground, on which the driver rides astride the motor unit or
power train and is designed to be steered with a handle bar,
but excluding farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized
bicycles, and off-road motorcycles. [2003 c 353 § 11; 2003 c
41 § 4; 1988 c 227 § 2.]
46.81A.010
Reviser’s note: This section was amended by 2003 c 41 § 4 and by
2003 c 353 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
46.81A.020 Powers and duties of director, department. (1) The director shall administer and enforce the law
pertaining to the motorcycle skills education program as set
forth in this chapter.
46.81A.020
(2008 Ed.)
Driver Training Schools
(2) The director may adopt and enforce reasonable rules
that are consistent with this chapter.
(3) The director shall revise the Washington motorcycle
safety program to:
(a) Institute separate novice and advanced motorcycle
skills education courses for both two-wheeled and threewheeled motorcycles that are each a minimum of eight hours
and no more than sixteen hours at a cost of (i) no more than
fifty dollars for Washington state residents under the age of
eighteen, and (ii) no more than one hundred twenty-five dollars for Washington state residents who are eighteen years of
age or older and military personnel of any age stationed in
Washington state;
(b) Encourage the use of loaned or used motorcycles for
use in the motorcycle skills education course if the instructor
approves them;
(c) Require all instructors for two-wheeled motorcycles
to conduct at least three classes in a one-year period, and all
instructors for three-wheeled motorcycles to conduct at least
one class in a one-year period, to maintain their teaching eligibility.
(4) The department may enter into agreements to review
and certify that a private motorcycle skills education course
meets educational standards equivalent to those required of
courses conducted under the motorcycle skills education program. An agreement entered into under this subsection must
provide that the department may conduct periodic audits to
ensure that educational standards continue to meet those
required for courses conducted under the motorcycle skills
education program, and that the costs of the review, certification, and audit process will be borne by the party seeking certification.
(5) The department shall obtain and compile information
from applicants for a motorcycle endorsement regarding
whether they have completed a state approved or certified
motorcycle skills education course. [2007 c 97 § 2; 2003 c 41
§ 5; 2002 c 197 § 2; 1998 c 245 § 91; 1993 c 115 § 2; 1988 c
227 § 3.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
46.81A.030 Deposit of gifts. The director may receive
gifts, grants, or endowments from private sources which shall
be deposited in the motorcycle safety [education] account
within the highway safety fund. [1988 c 227 § 4.]
46.81A.030
Motorcycle safety education account: RCW 46.68.065.
46.81A.900 Severability—1988 c 227. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 227 § 8.]
46.81A.900
Chapter 46.82
Chapter 46.82 RCW
DRIVER TRAINING SCHOOLS
Sections
46.82.280
46.82.285
46.82.290
(2008 Ed.)
Definitions.
Application of uniform regulation of business and professions
act.
Administration of chapter—Adoption of rules.
46.82.300
46.82.310
46.82.320
46.82.325
46.82.330
46.82.340
46.82.350
46.82.360
46.82.370
46.82.380
46.82.390
46.82.400
46.82.410
46.82.420
46.82.430
46.82.900
46.82.280
Driver instructors’ advisory committee.
School licenses—Insurance.
Instructor’s license.
Background checks for school personnel.
Instructor’s license—Application—Requirements, examination.
Duplicate license certificates.
Suspension, revocation, or denial of licenses—Causes enumerated.
Suspension, revocation, or denial of licenses—Failure to comply with specified business practices.
Suspension, revocation, or denial of licenses—Appeal of
action—Emergency suspension—Hearing, notice and procedure.
Appeal from action or decision of director.
Penalty.
Chapter not applicable to educational institutions.
Disposition of moneys collected.
Basic minimum required curriculum—Revocation of license
for failure to teach.
Instructional material requirements.
Severability—1979 ex.s. c 51.
46.82.280 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Behind-the-wheel instruction" means instruction in
an approved driver training school instruction vehicle according to and inclusive of the minimum required curriculum.
Behind-the-wheel instruction is characterized by driving
experience.
(2) "Classroom" means a space dedicated to and used
exclusively by a driver training instructor for the instruction
of students. With prior department approval, a branch office
classroom may be located within alternative facilities, such as
a public or private library, school, community college, college or university, or a business training facility.
(3) "Classroom instruction" means that portion of a traffic safety education course that is characterized by classroom-based student instruction conducted by or under the
direct supervision of a licensed instructor or licensed instructors.
(4) "Driver training school" means a commercial driver
training school engaged in the business of giving instruction,
for a fee, in the operation of automobiles.
(5) "Driver training education course" means a course of
instruction in traffic safety education approved and licensed
by the department of licensing that consists of classroom and
behind-the-wheel instruction as documented by the minimum
approved curriculum.
(6) "Director" means the director of the department of
licensing of the state of Washington.
(7) "Advisory committee" means the driving instructors’
advisory committee as created in this chapter.
(8) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or
instructor including:
(a) Inducing anyone to believe, or to give the impression,
that a license to operate a motor vehicle or any other license
granted by the director may be obtained by any means other
than those prescribed by law, or furnishing or obtaining the
same by illegal or improper means, or requesting, accepting,
or collecting money for such purposes;
(b) Operation of a driver training school without a
license, providing instruction without an instructor’s license,
verifying enrollment prior to being licensed, misleading or
false statements on applications for a commercial driver
46.82.280
[Title 46 RCW—page 333]
46.82.285
Title 46 RCW: Motor Vehicles
training school license or instructor’s license or on any
required records or supporting documentation;
(c) Failing to fully document and maintain all required
driver training school records of instruction, school operation, and instructor training;
(d) Issuing a driver training course certificate without
requiring completion of the necessary behind-the-wheel and
classroom instruction.
(9) "Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.
(10) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
(11) "Place of business" means a designated location at
which the business of a driver training school is transacted
and its records are kept.
(12) "Person" means any individual, firm, corporation,
partnership, or association.
(13) "Substantial interest holder" means a person who
has actual or potential influence over the management or
operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the
following:
(a) Directly or indirectly owning, operating, managing,
or controlling a driver training school or any part of a driver
training school;
(b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
(c) Is an officer or director of a driver training school;
(d) Owning ten percent or more of any class of stock in a
privately or closely held corporate driver training school, or
five percent or more of any class of stock in a publicly traded
corporate driver training school;
(e) Furnishing ten percent or more of the capital, whether
in cash, goods, or services, for the operation of a driver training school during any calendar year; or
(f) Directly or indirectly receiving a salary, commission,
royalties, or other form of compensation from the activity in
which a driver training school is or seeks to be engaged.
(14) "Student" means any person enrolled in a driver
training course that pays a fee for instruction. [2006 c 219 §
2; 1986 c 80 § 1; 1979 ex.s. c 51 § 1.]
(2) The director is authorized to adopt and enforce such
reasonable rules as may be consistent with and necessary to
carry out this chapter. [1979 ex.s. c 51 § 2.]
46.82.300 Driver instructors’ advisory committee.
(1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors’ advisory committee, consisting of five members. Members of the advisory
committee shall be appointed by the director for two-year
terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who
shall not be from the same school as the school member), a
representative of the superintendent of public instruction, a
representative of the department of licensing, and a representative from the Washington state traffic safety commission.
Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who
is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by
the director. The director or the director’s representative
shall attend all meetings of the advisory committee and shall
serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director’s
representative on matters pertaining to the establishment of
rules necessary to carry out this chapter;
(b) Review and update when necessary a curriculum
consisting of a list of items of knowledge and the processes of
driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate
course of driver education;
(c) Review and update instructor certification standards
to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by traffic safety education teachers under RCW 28A.220.020(3); and
(d) Prepare the examination for a driver instructor’s certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards. [2006 c 219 § 3; 2002 c 195 § 5; 1984 c 287
§ 93; 1979 ex.s. c 51 § 3.]
46.82.300
Effective date—2006 c 219: See note following RCW 46.82.285.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.310 School licenses—Insurance. (1) No person
shall engage in the business of conducting a driver training
school without a license issued by the director for that purpose. The school’s license must be displayed before the
school may:
(a) Schedule, enroll, or engage any students in a course
of instruction;
(b) Issue a verification of enrollment to any student; or
(c) Begin any classroom or behind-the-wheel instruction.
(2) An application for a driver training school license
shall be filed with the director, containing such information
as prescribed by the director, including a uniform business
identifier number, accompanied by an application fee as set
by rule of the department, which shall in no event be
46.82.310
46.82.285 Application of uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the
discipline of licensees under this chapter. [2006 c 219 § 1.]
46.82.285
Effective date—2006 c 219: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2006]." [2006 c 219 § 15.]
46.82.290 Administration of chapter—Adoption of
rules. (1) The director shall be responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
46.82.290
[Title 46 RCW—page 334]
(2008 Ed.)
Driver Training Schools
refunded. Before an application for a driver training school
license is approved, the business practices, facilities, records,
and insurance of the proposed school must be inspected and
reviewed by authorized representatives of the director. If an
application is approved by the director, the applicant shall be
granted a license valid for a period of one year from the date
of issuance.
(3) A driver training school may apply for a license to
establish a branch office or branch classroom by filing an
application with the director, containing such information as
prescribed by the director, accompanied by an application fee
as set by rule of the department, which shall in no event be
refunded. Before an application for a license to establish a
branch office or branch classroom is approved, the business
practices, facilities, records, and insurance of the proposed
branch location must be inspected and reviewed by authorized representatives of the director. If an application is
approved by the director, the applicant shall be granted a
license valid for a period of one year from the date of issuance.
(4) The annual fee for renewal of a school or branch
location license shall be set by rule of the department. Subject to the department’s inspection of the business, the director shall issue a license certificate to each licensee which
shall be conspicuously displayed in the place of business of
the licensee. If the director has not received a renewal application on or before the date a license expires, the license will
be void requiring a new application as provided for in this
chapter, including payment of all fees.
(5) The person to whom a driver training school license
has been issued must notify the director in writing within ten
business days after any change is made in the officers, directors, or location of the place of business of the school.
(6) A change involving the ownership of a driver training
school requires a new license application, including payment
of all fees.
(a) The owner relinquishing the business must notify the
director in writing within ten business days.
(b) The new owner must submit an application and fee as
prescribed by rule of the department for transfer of the
school’s license to the director within ten business days.
(c) Upon receipt of the required notification and the
application and fees for license transfer, the director shall
permit continuance of the business for a period not to exceed
sixty days from the date of transfer pending approval of the
new application for a school license.
(d) The transferred license shall remain subject to suspension, revocation, or denial in accordance with RCW
46.82.350 and 46.82.360.
(7) Evidence of liability insurance coverage must be
filed with the director prior to the issuance or renewal of a
school license, and shall meet the following standards:
(a) Coverage must be provided by a company authorized
to do business in Washington state;
(b) Automobile liability coverage shall be in the amount
of not less than one million dollars, and shall include property
damage and uninsured motorists coverage;
(c) The required coverage shall be maintained in full
force and effect for the term of the school license;
(d) Changes in insurance coverage due to cancellation or
expiration require notification of the director and proof of
(2008 Ed.)
46.82.325
continuing coverage within ten working days following any
change; and
(e) Coverage shall be issued in the name of the school
and identify the covered locations and vehicles.
(8) The increased insurance requirements of subsection
(7) of this section must be in effect by no later than one year
after July 1, 2006. [2006 c 219 § 4; 2002 c 352 § 24; 1979
ex.s. c 51 § 4.]
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.320 Instructor’s license. (1) No person affiliated
with a driver training school shall give instruction in the operation of an automobile for a fee without a license issued by
the director for that purpose. An application for an original or
renewal instructor’s license shall be filed with the director,
containing such information as prescribed by this chapter and
by the director, accompanied by an application fee set by rule
of the department, which shall in no event be refunded. An
application for a renewal instructor’s license must be accompanied by proof of the applicant’s continuing professional
development that meets the standards adopted by the director.
If the applicant satisfactorily meets the application requirements and the examination requirements as prescribed in
RCW 46.82.330, the applicant shall be granted a license valid
for a period of one year from the date of issuance. An instructor shall take a requalification examination every five years.
(2) The director shall issue a license certificate to each
qualified applicant.
(a) An employing driver training school must conspicuously display an instructor’s license at its established place of
business and display copies of the instructor’s license at any
branch office where the instructor provides instruction.
(b) Unless revoked, canceled, or denied by the director,
the license shall remain the property of the licensee in the
event of termination of employment or employment by
another driver training school.
(c) If the director has not received a renewal application
on or before the date a license expires, the license will be
voided requiring a new application as provided for in this
chapter, including examination and payment of all fees.
(d) If revoked, canceled, or denied by the director, the
license must be surrendered to the department within ten days
following the effective date of such action.
(3) Each licensee shall be provided with a wallet-size
identification card by the director at the time the license is
issued which shall be carried on the instructor’s person at all
times while engaged in instructing.
(4) The person to whom an instructor’s license has been
issued shall notify the director in writing within ten days of
any change of employment or termination of employment,
providing the name and address of the new driver training
school by whom the instructor will be employed. [2006 c 219
§ 5; 2002 c 352 § 25; 1989 c 337 § 18; 1986 c 80 § 2; 1979
ex.s. c 51 § 5.]
46.82.320
Effective date—2006 c 219: See note following RCW 46.82.285.
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.325 Background checks for school personnel.
(1) Instructors, owners, and other persons affiliated with a
46.82.325
[Title 46 RCW—page 335]
46.82.330
Title 46 RCW: Motor Vehicles
school who have contact with students are required to have a
background check through the Washington state patrol criminal identification system and through the federal bureau of
investigation. The background check shall also include a fingerprint check using a fingerprint card. Persons covered by
this section must have their background rechecked under this
subsection every five years.
(2) In addition to the background check required under
subsection (1) of this section, persons covered by this section
must have a background check through the Washington criminal identification system at the time of application for any
renewal license.
(3) The cost of the background check shall be paid by the
person. [2006 c 219 § 6; 2002 c 195 § 4.]
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.330 Instructor’s license—Application—
Requirements, examination. (1) The application for an
instructor’s license shall document the applicant’s fitness,
knowledge, skills, and abilities to teach the classroom and
behind-the-wheel phases of a driver training education program in a commercial driver training school.
(2) An applicant shall be eligible to apply for an original
instructor’s certificate if the applicant possesses and meets
the following qualifications and conditions:
(a) Has been licensed to drive for five or more years and
possesses a current and valid Washington driver’s license or
is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued
by such jurisdiction, and does not have on his or her driving
record any of the violations or penalties set forth in (2)(a) (i),
(ii), or (iii) of this section. The director shall have the right to
examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these
records determine if the applicant has had:
(i) Not more than one moving traffic violation within the
preceding twelve months or more than two moving traffic
violations in the preceding twenty-four months;
(ii) No alcohol-related traffic violation or incident within
the preceding seven years; and
(iii) No driver’s license suspension, cancellation, revocation, or denial within the preceding five years;
(b) Is a high school graduate or the equivalent and at
least twenty-one years of age;
(c) Has completed an acceptable application on a form
prescribed by the director;
(d) Has satisfactorily completed a course of instruction
in the training of drivers acceptable to the director that is no
less than sixty hours in length and includes instruction in
classroom and behind-the-wheel teaching methods and
supervised practice behind-the-wheel teaching of driving
techniques; and
(e) Has paid an examination fee as set by rule of the
department and has successfully completed an instructor’s
examination as prepared by the advisory committee, which
shall consist of a knowledge test and an actual driving test
conducted in a vehicle provided by the applicant. The examination shall determine:
(i) The applicant’s knowledge of driving laws and rules;
46.82.330
[Title 46 RCW—page 336]
(ii) The applicant’s ability to safely operate a motor vehicle; and
(iii) The applicant’s ability to impart this knowledge and
ability to others. [2006 c 219 § 7; 1979 ex.s. c 51 § 6.]
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.340 Duplicate license certificates. In case of the
loss, mutilation, or destruction of a driver training school
license certificate or an instructor’s license certificate, the
director shall issue a duplicate thereof upon proof of the facts
and payment of a fee as set by rule of the department. [2006
c 219 § 8; 1979 ex.s. c 51 § 7.]
46.82.340
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.350 Suspension, revocation, or denial of
licenses—Causes enumerated. The director may suspend,
revoke, deny, or refuse to renew an instructor’s license or a
driver training school license, or impose such other disciplinary action authorized under RCW 18.235.110, upon determination that the applicant, licensee, or owner has engaged in
unprofessional conduct as defined by RCW 18.235.130 or for
any of the following causes:
(1) Upon determination that the licensee has made a false
statement or concealed any material fact in connection with
the application or license renewal;
(2) Upon determination that the applicant, licensee,
owner, or any person directly or indirectly interested in the
driver training school’s business has been convicted of a felony, or any crime involving violence, dishonesty, deceit,
indecency, degeneracy, or moral turpitude;
(3) Upon determination that the applicant, licensee,
owner, or any person directly or indirectly interested in the
driver training school’s business previously held a driver
training school license which was revoked, suspended, or
refused renewal by the director;
(4) Upon determination that the applicant, licensee, or
owner does not have an established place of business as
required by this chapter;
(5) Upon determination that the applicant or licensee has
failed to require all persons with financial interest in the
driver training school to be signatories to the application;
(6) Upon determination that the applicant, licensee, or
owner has committed fraud, induced another to commit
fraud, or engaged in fraudulent practices in relation to the
business conducted under the license, or has induced another
to resort to fraud in relation to securing for himself, herself,
or another a license to drive a motor vehicle;
(7) Upon determination that the applicant, licensee, or
owner has engaged in conduct that could endanger the educational welfare or personal safety of students or others;
(8) Upon determination that a licensed instructor no
longer possesses and meets the qualifications and conditions
set out in RCW 46.82.330(2)(a); or
(9) Upon determination that the applicant, licensee or
owner failed to satisfy or fails to satisfy the other conditions
stated in this chapter. [2006 c 219 § 9; 1979 ex.s. c 51 § 8.]
46.82.350
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.360 Suspension, revocation, or denial of
licenses—Failure to comply with specified business prac46.82.360
(2008 Ed.)
Driver Training Schools
tices. The license of any driver training school or instructor
may be suspended, revoked, denied, or refused renewal, or
such other disciplinary action authorized under RCW
18.235.110 may be imposed, for failure to comply with the
business practices specified in this section.
(1) No place of business shall be established nor any
business of a driver training school conducted or solicited
within one thousand feet of an office or building owned or
leased by the department of licensing in which examinations
for drivers’ licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the
nearest route from the place of business to such building.
(2) Any automobile used by a driver training school or
an instructor for instruction purposes must be equipped with:
(a) Dual controls for foot brake and clutch, or foot brake
only in a vehicle equipped with an automatic transmission;
(b) An instructor’s rear view mirror; and
(c) A sign in legible, printed English letters displayed on
the back or top, or both, of the vehicle that:
(i) Is not less than twenty inches in horizontal width or
less than ten inches in vertical height;
(ii) Has the words "student driver," "instruction car," or
"driving school" in letters at least two and one-half inches in
height near the top;
(iii) Has the name and telephone number of the school in
similarly legible letters not less than one inch in height placed
somewhere below the aforementioned words;
(iv) Has lettering and background colors that make it
clearly readable at one hundred feet in clear daylight;
(v) Is displayed at all times when instruction is being
given.
(3) Instruction may not be given by an instructor to a student who is under the age of fifteen, and behind-the-wheel
instruction may not be given by an instructor to a student in
an automobile unless the student possesses a current and
valid instruction permit issued pursuant to RCW 46.20.055 or
a current and valid driver’s license.
(4) No driver training school or instructor shall advertise
or otherwise indicate that the issuance of a driver’s license is
guaranteed or assured as a result of the course of instruction
offered.
(5) No driver training school or instructor shall utilize
any types of advertising without using the full, legal name of
the school and identifying itself as a driver training school.
Instruction vehicles and equipment, classrooms, driving simulators, training materials and services advertised must be
available in a manner as might be expected by the average
person reading the advertisement.
(6) A driver training school shall have an established
place of business owned, rented, or leased by the school and
regularly occupied and used exclusively for the business of
giving driver instruction. The established place of business
of a driver training school shall be located in a district that is
zoned for business or commercial purposes.
(a) The established place of business, branch office, or
classroom or advertised address of any such driver training
school shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, bus, telephone answering service if such service is the sole means of
contacting the driver training school, a room or rooms in a
(2008 Ed.)
46.82.360
hotel or rooming house or apartment house, or premises
occupied by a single or multiple-unit dwelling house.
(b) A driver training school may lease classroom space
within a public or private school that is recognized and regulated by the office of the superintendent of public instruction
to conduct student instruction as approved by the director.
However, such use of public or private classroom space does
not alleviate the driver training school from securing and
maintaining an established place of business nor from using
its own classroom on a regular basis as required by this chapter.
(c) To classify as a branch office or classroom the facility must be within a thirty-five mile radius of the established
place of business.
(d) Nothing in this subsection may be construed as limiting the authority of local governments to grant conditional
use permits or variances from zoning ordinances.
(7) No driver training school or instructor shall conduct
any type of instruction or training on a course used by the
department of licensing for testing applicants for a Washington driver’s license.
(8) Each driver training school shall maintain its student,
instructor, vehicle, and operating records at its established
place of business.
(a) Student records must include the student’s name,
address, and telephone number, date of enrollment and all
dates of instruction, the student’s instruction permit or
driver’s license number, the type of training given, the total
number of hours of instruction, and the name and signature of
the instructor or instructors.
(b) Instructor records shall include the instructor’s
license number, the date of hire, the dates and duration of an
instructor’s training including initial certification as an
instructor and continuing education, an abstract of the driving
record for the instructor obtained within the past year, and a
list of the locations where the instructor is providing student
instruction.
(c) Vehicle records shall include the original insurance
policies and copies of the vehicle registration for all instruction vehicles.
(d) Student and instructor records shall be maintained for
five years following the completion of the instruction. Vehicle records shall be maintained for five years following their
issuance. All records shall be made available for inspection
upon the request of the department.
(e) Upon a transfer or sale of school ownership the
school records shall be transferred to and become the property and responsibility of the new owner.
(9) Each driver training school shall, at its established
place of business, display, in a place where it can be seen by
all clients, a copy of the required minimum curriculum furnished by the department and a copy of the school’s own curriculum. Copies of the required minimum curriculum are to
be provided to driver training schools and instructors by the
director.
(10) Driver training schools and instructors shall submit
to periodic inspections of their business practices, facilities,
records, and insurance by authorized representatives of the
director of the department of licensing. [2006 c 219 § 10;
1989 c 337 § 19; 1979 ex.s. c 51 § 9.]
Effective date—2006 c 219: See note following RCW 46.82.285.
[Title 46 RCW—page 337]
46.82.370
Title 46 RCW: Motor Vehicles
46.82.370 Suspension, revocation, or denial of
licenses—Appeal of action—Emergency suspension—
Hearing, notice and procedure. Upon notification of suspension, revocation, denial, or refusal to renew a license
under this chapter, a driver training school or instructor shall
have the right to appeal the action being taken. An appeal
may be made to the director, who shall cause a hearing to be
held in accordance with chapter 34.05 RCW. Filing an
appeal shall stay the action pending the hearing and the director’s decision. Upon conclusion of the hearing, the director
shall issue a decision on the appeal.
(1) A license may, however, be temporarily suspended
by the director without notice pending any prosecution,
investigation, or hearing where such emergency action is
warranted. A licensee or applicant entitled to a hearing shall
be given due notice thereof.
(2) The sending of a notice of a hearing by registered
mail to the last known address of a licensee or applicant in
accordance with chapter 34.05 RCW shall be deemed due
notice.
(3) The director or the director’s authorized representative shall preside over the hearing and shall have the power to
subpoena witnesses, administer oaths to witnesses, take testimony of any person, and cause depositions to be taken. A
subpoena issued under the authority of this section shall be
served in the same manner as a subpoena issued by a court of
record. Witnesses subpoenaed under this section and persons
other than officers or employees of the department of licensing shall be entitled to the same fees and mileage as are
allowed in civil actions in courts of law. [2006 c 219 § 11;
1979 ex.s. c 51 § 10.]
46.82.370
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.380 Appeal from action or decision of director.
Any action or decision of the director may, after a hearing is
held as provided in this chapter, be appealed by the party
aggrieved to the superior court of the county in which the
place of business is located or where the aggrieved person
resides. [1979 ex.s. c 51 § 11.]
46.82.380
46.82.390 Penalty. A violation of any provision of this
chapter shall be a misdemeanor. [1979 ex.s. c 51 § 12.]
46.82.390
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.82.400 Chapter not applicable to educational
institutions. This chapter shall not apply to or affect in any
manner courses of instruction offered in high schools, vocational-technical schools, colleges, or universities which are
now or hereafter established, nor shall it be applicable to
instructors in any such high schools, vocational-technical
schools, colleges, or universities: PROVIDED, That such
course or courses are conducted by such schools in a like
manner to their other regular courses. If such course is conducted by any commercial school as herein identified on a
contractual basis, such school and instructors must qualify
under this chapter. [1979 ex.s. c 51 § 13.]
tor licenses shall be deposited in the highway safety fund.
[1990 c 250 § 73; 1979 ex.s. c 51 § 14.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.82.420 Basic minimum required curriculum—
Revocation of license for failure to teach. (1) The advisory
committee shall consult with the department in the development and maintenance of a basic minimum required curriculum and the department shall furnish to each qualifying applicant for an instructor’s license or a driver training school
license a copy of such curriculum.
(2) In addition to information on the safe, lawful, and
responsible operation of motor vehicles on the state’s highways, the basic minimum required curriculum shall include
information on:
(a) Intermediate driver’s license issuance, passenger and
driving restrictions and sanctions for violating the restrictions, and the effect of traffic violations and collisions on the
driving privileges;
(b) The effects of alcohol and drug use on motor vehicle
operators, including information on drug and alcohol related
traffic injury and mortality rates in the state of Washington
and the current penalties for driving under the influence of
drugs or alcohol;
(c) Motorcycle awareness, approved by the director, to
ensure new operators of motor vehicles have been instructed
in the importance of safely sharing the road with motorcyclists;
(d) Bicycle safety, to ensure that operators of motor vehicles have been instructed in the importance of safely sharing
the road with bicyclists; and
(e) Pedestrian safety, to ensure that operators of motor
vehicles have been instructed in the importance of safely
sharing the road with pedestrians.
(3) Should the director be presented with acceptable
proof that any licensed instructor or driver training school is
not showing proper diligence in teaching such basic minimum curriculum as required, the instructor or school shall be
required to appear before the advisory committee and show
cause why the license of the instructor or school should not
be revoked for such negligence. If the committee does not
accept such reasons as may be offered, the director may
revoke the license of the instructor or school, or both. [2008
c 125 § 3; 2007 c 97 § 3; 2006 c 219 § 12; 2004 c 126 § 2;
1991 c 217 § 3; 1979 ex.s. c 51 § 15.]
46.82.420
46.82.400
46.82.410 Disposition of moneys collected. All moneys collected from driver training school licenses and instruc46.82.410
[Title 46 RCW—page 338]
Findings—2008 c 125: "The legislature finds and declares that it is the
policy of the state of Washington to encourage the safe and efficient use of
the roads by all citizens, regardless of mode of transportation. In furtherance
of this policy, the legislature further finds and declares that driver training
programs should enhance the driver training curriculum in order to emphasize the importance of safely sharing the road with bicyclists and pedestrians." [2008 c 125 § 1.]
Short title—2008 c 125: "This act may be known and cited as the Matthew "Tatsuo" Nakata act." [2008 c 125 § 2.]
Effective date—2006 c 219: See note following RCW 46.82.285.
46.82.430 Instructional material requirements.
Instructional material used in driver training schools shall
include information on the proper use of the left-hand lane by
motor vehicles on multilane highways and on bicyclists’ and
pedestrians’ rights and responsibilities and suggested riding
46.82.430
(2008 Ed.)
Reciprocal or Proportional Registration of Vehicles
procedures in common traffic situations. [1998 c 165 § 6;
1986 c 93 § 5.]
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
46.82.900 Severability—1979 ex.s. c 51. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 51 § 19.]
46.82.900
Chapter 46.85
46.83.040 Purpose of school. It shall be the purpose of
every traffic school which may be established hereunder to
instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets,
and highways under varying conditions and circumstances.
[1998 c 165 § 7; 1961 c 12 § 46.83.040. Prior: 1959 c 182 §
4.]
46.83.040
Short title—1998 c 165: See note following RCW 43.59.010.
46.83.050 Court may order attendance. Every municipal court, district court, juvenile court, superior court, and
every other court handling traffic cases within the limits of a
county wherein a traffic school has been established may, as
a part of any sentence imposed following a conviction for any
traffic law violation, or as a condition on the suspension of
sentence or deferral of any imposition of sentence, order any
person so convicted, whether that person be a juvenile, a
minor, or an adult, to attend the traffic school for a number of
days to be determined by the court, but not to exceed the
maximum number of days which the violator could be
required to serve in the city or county jail as a result of his or
her conviction. [1984 c 258 § 138; 1961 c 12 § 46.83.050.
Prior: 1959 c 182 § 5.]
46.83.050
Chapter 46.83
Chapter 46.83 RCW
TRAFFIC SCHOOLS
Sections
46.83.010
46.83.020
46.83.030
46.83.040
46.83.050
46.83.060
City or town and county traffic schools authorized—Procedure
to establish.
County commissioners to control and supervise—Assistance
of sheriff and police department.
Deposit, control of funds—Support.
Purpose of school.
Court may order attendance.
Duty of person required to attend—Penalty.
46.83.010 City or town and county traffic schools
authorized—Procedure to establish. Any city or town and
the county in which it is located are authorized, as may be
agreed between the respective governing bodies of the city or
town and county, to establish a traffic school for the purposes
and under the conditions set forth in this chapter. Such city or
town and county traffic school may be effected whenever the
governing body of the city or town shall pass an ordinance
and the board of commissioners of the county shall pass a resolution declaring intention to organize and operate a traffic
school in accordance with agreements had between them as
to the financing, organization, and operation thereof. [1961 c
12 § 46.83.010. Prior: 1959 c 182 § 1.]
46.83.010
46.83.020 County commissioners to control and
supervise—Assistance of sheriff and police department.
A traffic school established under this chapter shall be under
the control and supervision of the board of county commissioners, through such agents, assistants, or instructors as the
board may designate, and shall be conducted with the assistance of the county sheriff and the police department of the
city or town. [1961 c 12 § 46.83.020. Prior: 1959 c 182 § 2.]
46.83.020
46.83.030 Deposit, control of funds—Support. All
funds appropriated by the city or town and county to the operation of the traffic school shall be deposited with the county
treasurer and shall be administered by the board of county
commissioners. The governing bodies of every city or town
and county participating in the operation of traffic schools are
authorized to make such appropriations by ordinance or resolution, as the case may be, as they shall determine for the
establishment and operation of traffic schools, and they are
further authorized to accept and expend gifts, donations, and
any other money from any source, private or public, given for
the purpose of said schools. [1961 c 12 § 46.83.030. Prior:
1959 c 182 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
46.83.060 Duty of person required to attend—Penalty. Every person required to attend a traffic school as
established under the provisions of this chapter shall maintain
attendance in accordance with the sentence or order. Failure
so to do, unless for good cause shown by clear and convincing evidence, is a traffic infraction. [1979 ex.s. c 136 § 98;
1961 c 12 § 46.83.060. Prior: 1959 c 182 § 6.]
46.83.060
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.85
Sections
46.85.010
46.85.020
46.85.030
46.83.030
(2008 Ed.)
Chapter 46.85 RCW
RECIPROCAL OR PROPORTIONAL
REGISTRATION OF VEHICLES
46.85.040
46.85.050
46.85.060
46.85.070
46.85.080
46.85.090
46.85.100
46.85.110
46.85.900
46.85.910
46.85.920
46.85.930
46.85.940
Declaration of policy.
Definitions.
Departmental entry into multistate proportional registration
agreement, International Registration Plan.
Authority for reciprocity agreements—Provisions—Reciprocity standards.
Base state registration reciprocity.
Declarations of extent of reciprocity, when—Exemptions,
benefits, and privileges—Rules.
Extension of reciprocal privileges to lessees authorized.
Automatic reciprocity, when.
Suspension of reciprocity benefits.
Agreements to be written, filed, and available for distribution.
Reciprocity agreements in effect at time of act.
Chapter part of and supplemental to motor vehicle registration
law.
Constitutionality.
Repeal and saving.
Effective date—1963 c 106.
Section captions not a part of the law.
[Title 46 RCW—page 339]
46.85.010
Title 46 RCW: Motor Vehicles
46.85.010 Declaration of policy. It is the policy of this
state to promote and encourage the fullest possible use of its
highway system by authorizing the making and execution of
vehicle reciprocal or proportional registration agreements,
arrangements and declarations with other states, provinces,
territories, and countries with respect to vehicles registered in
this and such other states, provinces, territories, and countries
thus contributing to the economic and social development
and growth of this state. [1987 c 244 § 8; 1963 c 106 § 1.]
46.85.010
46.85.020 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Jurisdiction" means and includes a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, and a state
or province of a foreign country.
(2) "Owner" means a person, business firm, or corporation who holds the legal title to a vehicle, or in the event a
vehicle is the subject of an agreement for the conditional sale
thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee, or in the
event a vehicle is subject to a lease, contract, or other legal
arrangement vesting right of possession or control, for security or otherwise, or in the event a mortgagor of a vehicle is
entitled to possession, then the owner shall be deemed to be
such person in whom is vested right of possession or control.
(3) "Properly registered," as applied to place of registration, means:
(a) The jurisdiction where the person registering the
vehicle has his legal residence; or
(b) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in which
such vehicle is used has a place of business therein, and, if the
vehicle is most frequently dispatched, garaged, serviced,
maintained, operated, or otherwise controlled in or from such
place of business, and, the vehicle has been assigned to such
place of business; or
(c) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the vehicle
has been registered as required by said jurisdiction.
In case of doubt or dispute as to the proper place of registration of a vehicle, the department shall make the final
determination, but in making such determination, may confer
with departments of the other jurisdictions affected. [1987 c
244 § 9; 1985 c 173 § 2; 1982 c 227 § 18; 1981 c 222 § 1;
1963 c 106 § 2.]
46.85.020
acts in a quasi agency relationship, the department may collect and forward applicable registration fees and applications
to other jurisdictions on behalf of the applicant or on behalf
of another jurisdiction and may take such other action as will
facilitate the administration of such agreement.
If the department enters into a multistate proportional
registration agreement which prescribes procedures applicable to vehicles not specifically described in chapter 46.87
RCW, such as but not limited to "owner-operator" or "rental"
vehicles, it shall promulgate rules taking exception to or
accomplishing the procedures prescribed in such agreement.
It is the purpose and intent of this subsection to facilitate
the membership in the International Registration Plan and at
the same time allow the department to continue to participate
in such agreements and compacts as may be necessary and
desirable in addition to the International Registration Plan.
[1987 c 244 § 10; 1982 c 227 § 19; 1981 c 222 § 2; 1977 ex.s.
c 92 § 1; 1975-’76 2nd ex.s. c 34 § 137; 1967 c 32 § 113;
1963 c 106 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
46.85.040 Authority for reciprocity agreements—
Provisions—Reciprocity standards. The department may
enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or
licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and exemptions from
the payment, wholly or partially, of any taxes, fees, or other
charges imposed upon such vehicles or owners with respect
to the operation or ownership of such vehicles under the laws
of this state. Such an agreement or arrangement shall provide
that vehicles properly registered or licensed in this state when
operated upon highways of such other jurisdiction shall
receive exemptions, benefits, and privileges of a similar kind
or to a similar degree as are extended to vehicles properly
registered or licensed in such jurisdiction when operated in
this state. Each such agreement or arrangement shall, in the
judgment of the department, be in the best interest of this
state and the citizens thereof and shall be fair and equitable to
this state and the citizens thereof, and all of the same shall be
determined on the basis and recognition of the benefits which
accrue to the economy of this state from the uninterrupted
flow of commerce. [1985 c 173 § 3; 1982 c 227 § 20; 1963 c
106 § 4.]
46.85.040
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.030 Departmental entry into multistate proportional registration agreement, International Registration Plan. The department of licensing shall have the authority to execute agreements, arrangements, or declarations to
carry out the provisions of chapter 46.87 RCW and this chapter.
If the department enters into a multistate proportional
registration agreement which requires this state to perform
46.85.030
[Title 46 RCW—page 340]
46.85.050 Base state registration reciprocity. An
agreement or arrangement entered into, or a declaration
issued under the authority of chapter 46.87 RCW or this
chapter may contain provisions authorizing the registration or
licensing in another jurisdiction of vehicles located in or
operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed
in this state; and in such event the exemptions, benefits, and
privileges extended by such agreement, arrangement, or declaration shall apply to such vehicles, when properly licensed
46.85.050
(2008 Ed.)
Reciprocal or Proportional Registration of Vehicles
or registered in such base jurisdiction. [1987 c 244 § 11;
1963 c 106 § 5.]
46.85.060 Declarations of extent of reciprocity,
when—Exemptions, benefits, and privileges—Rules. In
the absence of an agreement or arrangement with another
jurisdiction, the department may examine the laws and
requirements of such jurisdiction and declare the extent and
nature of exemptions, benefits and privileges to be extended
to vehicles properly registered or licensed in such other jurisdiction, or to the owners of such vehicles, which shall, in the
judgment of the department, be in the best interest of this
state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same
shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce. Declarations of exemptions,
benefits, and privileges issued by the department shall
include at least the following exemptions:
(1) Nonresident persons not employed in this state may
operate a vehicle in this state that is currently licensed in
another jurisdiction for a period not to exceed six months in
any continuous twelve-month period.
(2) Nonresident persons employed in this state may operate vehicles not to exceed twelve thousand pounds registered
gross vehicle weight that are currently licensed in another
jurisdiction if no permanent, temporary, or part-time residence is maintained in this state for a period greater than six
months in any continuous twelve-month period.
(3) A vehicle or a combination of vehicles, not exceeding
a registered gross or combined gross vehicle weight of twelve
thousand pounds, which is properly base licensed in another
jurisdiction and registered to a bona fide business in that
jurisdiction is not required to obtain Washington vehicle
license registration except when such vehicle is owned or
operated by a business or branch office of a business located
in Washington.
(4) The department of licensing, after consultation with
the department of revenue, shall adopt such rules as it deems
necessary for the administration of these exemptions, benefits, and privileges. [1987 c 142 § 4; 1985 c 353 § 3; 1982 c
227 § 21; 1963 c 106 § 6.]
46.85.060
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.920
jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial
vehicles only when engaged exclusively in interstate commerce. [1963 c 106 § 8.]
46.85.090 Suspension of reciprocity benefits. Agreements, arrangements or declarations made under the authority of this chapter may include provisions authorizing the
department to suspend or cancel the exemptions, benefits, or
privileges granted thereunder to an owner who violates any
of the conditions or terms of such agreements, arrangements,
or declarations or who violates the laws of this state relating
to motor vehicles or rules and regulations lawfully promulgated thereunder. [1987 c 244 § 12; 1963 c 106 § 9.]
46.85.090
46.85.100 Agreements to be written, filed, and available for distribution. All agreements, arrangements, or declarations or amendments thereto shall be in writing and shall
be filed with the department. Upon becoming effective, they
shall supersede the provisions of RCW 46.16.030, chapter
46.87 RCW, or this chapter to the extent that they are inconsistent therewith. The department shall provide copies for
public distribution upon request. [1987 c 244 § 13; 1982 c
227 § 22; 1967 c 32 § 114; 1963 c 106 § 10.]
46.85.100
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.110 Reciprocity agreements in effect at time of
act. All reciprocity and proportional registration agreements,
arrangements and declarations relating to vehicles in force
and effect at the time this chapter becomes effective shall
continue in force and effect at the time this chapter becomes
effective and until specifically amended or revoked as provided by law or by such agreements or arrangements. [1963
c 106 § 11.]
46.85.110
Effective date—1963 c 106: See RCW 46.85.930.
46.85.900
46.85.900 Chapter part of and supplemental to
motor vehicle registration law. This chapter shall be, and
construed as, a part of and supplemental to the motor vehicle
registration law of this state. [1963 c 106 § 30.]
46.85.070 Extension of reciprocal privileges to lessees
authorized. An agreement, or arrangement entered into, or a
declaration issued under the authority of this chapter, may
contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms
and conditions stated therein, to the exemptions, benefits and
privileges extended by such agreement, arrangement or declaration. [1963 c 106 § 7.]
46.85.910 Constitutionality. If any phrase, clause, subsection or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it
shall be conclusively presumed that the legislature would
have enacted this chapter without the phrase, clause, subsection or section so held unconstitutional or invalid and the
remainder of the chapter shall not be affected as a result of
said part being held unconstitutional or invalid. [1963 c 106
§ 31.]
46.85.080 Automatic reciprocity, when. On and after
July 1, 1963, if no agreement, arrangement or declaration is
in effect with respect to another jurisdiction as authorized by
this chapter, any vehicle properly registered or licensed in
such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
46.85.920 Repeal and saving. The following acts or
parts of acts and RCW sections are hereby repealed:
(1) Sections 46.84.010, 46.84.030, 46.84.040,
46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and
46.84.100, chapter 12, Laws of 1961 and RCW 46.84.010,
46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070,
46.84.080, 46.84.090 and 46.84.100;
46.85.070
46.85.080
(2008 Ed.)
46.85.910
46.85.920
[Title 46 RCW—page 341]
46.85.930
Title 46 RCW: Motor Vehicles
(2) Section 46.84.020, chapter 12, Laws of 1961 as
amended by section 37, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.020;
(3) Sections 1, 2, 3, and 4, chapter 266, Laws of 1961 and
RCW 46.84.110, 46.84.120, 46.84.130 and 46.84.140; and
(4) Sections 38, 39, and 40, chapter 21, Laws of 1961
extraordinary session and RCW 46.84.150, 46.84.160 and
46.84.170.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder, nor the term of office or
appointment or employment of any person appointed or
employed thereunder. [1963 c 106 § 32.]
46.85.930 Effective date—1963 c 106. This chapter
shall take effect and be in force on and after July 1, 1963.
[1963 c 106 § 33.]
46.85.930
46.85.940 Section captions not a part of the law. Section captions as used in this chapter shall not constitute any
part of the law. [1963 c 106 § 34.]
46.85.940
Chapter 46.87
Chapter 46.87 RCW
PROPORTIONAL REGISTRATION
(Formerly: International Registration Plan)
Sections
46.87.010
46.87.020
46.87.022
46.87.023
46.87.025
46.87.030
46.87.040
46.87.050
46.87.060
46.87.070
46.87.080
46.87.090
46.87.120
46.87.130
46.87.140
46.87.150
46.87.190
46.87.200
46.87.210
46.87.220
46.87.230
46.87.240
46.87.250
46.87.260
46.87.270
46.87.280
46.87.290
46.87.294
46.87.296
46.87.300
46.87.310
46.87.320
46.87.330
Applicability—Implementation.
Definitions.
Rental trailers, converter gears.
Rental car businesses.
Vehicles titled in owner’s name.
Part-year registration—Credit for unused fees.
Purchase of additional gross weight.
Deposit of fees.
Apportionment of fees, formula.
Reciprocity for trailers, semitrailers, pole trailers.
Cab cards, validation tabs, special license plates—Design,
procedures—Issuance, refusal, revocation.
Apportioned vehicle license plates, cab card, validation tabs—
Replacement—Fees.
Mileage data for applications.
Transaction fee.
Application—Filing, contents—Fees and taxes—Assessments, due date.
Overpayment, underpayment—Refund, additional charge.
Suspension or cancellation of benefits.
Refusal of registration—Federal heavy vehicle use tax.
Refusal of application from nonreciprocal jurisdiction.
Gross weight computation.
Responsibility for unlawful acts or omissions.
Relationship of department with other jurisdictions.
Authority of chapter.
Alteration or forgery of cab card or letter of authority—Penalty.
Gross weight on vehicle.
Effect of other registration.
Refusal, cancellation of application, cab card—Procedures,
penalties.
Refusal under federal prohibition, placement of out-of-service
order.
Suspension, revocation under federal prohibition—Placement
of out-of-service order.
Appeal of suspension, revocation, cancellation, refusal.
Application records—Preservation, contents, audit—Additional assessments, penalties, refunds.
Departmental audits, investigations—Subpoenas.
Assessments—When due, penalties—Reassessment—Petition, notice, service—Injunctions, writs of mandate
restricted.
[Title 46 RCW—page 342]
46.87.335
46.87.340
46.87.350
46.87.360
46.87.370
46.87.380
46.87.390
46.87.400
46.87.410
46.87.900
46.87.910
Mitigation of assessments.
Assessments—Lien for nonpayment.
Delinquent obligations—Notice—Restriction on credits or
property—Default judgments—Lien.
Delinquent obligations—Collection by department—Seizure
of property, notice, sale.
Warrant for final assessments—Lien on property.
Delinquent obligations—Collection by attorney general.
Remedies cumulative.
Civil immunity.
Bankruptcy proceedings—Notice.
Severability—1985 c 380.
Short title.
46.87.010 Applicability—Implementation. This
chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration
Plan (IRP). This chapter shall become effective and be
implemented beginning with the 1988 registration year.
(1) Provisions and terms of the IRP prevail unless given
a different meaning in chapter 46.04 RCW, this chapter, or in
rules adopted under the authority of this chapter.
(2) The director may adopt and enforce rules deemed
necessary to implement and administer this chapter.
(3) Owners having a fleet of apportionable vehicles operating in two or more IRP member jurisdictions may elect to
proportionally register the vehicles of the fleet under the provisions of the IRP and this chapter in lieu of full or temporary
registration as provided for in chapters 46.16 or 46.88 RCW.
(4) If a due date or an expiration date established under
authority of this chapter falls on a Saturday, Sunday, or a
state legal holiday, such period is automatically extended
through the end of the next business day. [2005 c 194 § 1;
1987 c 244 § 15; 1986 c 18 § 22; 1985 c 380 § 1.]
46.87.010
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.020 Definitions. Terms used in this chapter have
the meaning given to them in the International Registration
Plan (IRP), in chapter 46.04 RCW, or as otherwise defined in
this section. Definitions given to terms by the IRP prevail
unless given a different meaning in this chapter or in rules
adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by
the IRP, except that it does not include vehicles with a
declared gross weight of twelve thousand pounds or less.
Apportionable vehicles include trucks, tractors, truck tractors, road tractors, and buses, each as separate and licensable
vehicles.
(2) "Cab card" is a certificate of registration issued for a
vehicle upon which is disclosed the jurisdictions and registered gross weights in such jurisdictions for which the vehicle
is registered.
(3) "Credentials" means cab cards, apportioned plates
(for Washington-based fleets), and validation tabs issued for
proportionally registered vehicles.
(4) "Declared combined gross weight" means the total
unladen weight of any combination of vehicles plus the
weight of the maximum load to be carried on the combination
of vehicles as set by the registrant in the application pursuant
to chapter 46.44 RCW and for which registration fees have
been or are to be paid.
(5) "Declared gross weight" means the total unladen
weight of any vehicle plus the weight of the maximum load to
be carried on the vehicle as set by the registrant in the appli46.87.020
(2008 Ed.)
Proportional Registration
cation pursuant to chapter 46.44 RCW and for which registration fees have been or are to be paid. In the case of a bus, auto
stage, or a passenger-carrying for hire vehicle with a seating
capacity of more than six, the declared gross weight shall be
determined by multiplying the average load factor of one
hundred and fifty pounds by the number of seats in the vehicle, including the driver’s seat, and add this amount to the
unladen weight of the vehicle. If the resultant gross weight is
not listed in RCW 46.16.070, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
(6) "Department" means the department of licensing.
(7) "Fleet" means one or more apportionable vehicles in
the IRP.
(8) "In-jurisdiction miles" means the total miles accumulated in a jurisdiction during the preceding year by vehicles of
the fleet while they were a part of the fleet.
(9) "IRP" means the International Registration Plan.
(10) "Jurisdiction" means and includes a state, territory
or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, a foreign country, and a
state or province of a foreign country.
(11) "Motor carrier" means an entity engaged in the
transportation of goods or persons. The term includes a forhire motor carrier, private motor carrier, contract motor carrier, or exempt motor carrier. The term includes a registrant
licensed under this chapter, a motor vehicle lessor, and a
motor vehicle lessee.
(12) "Owner" means a person or business firm who holds
the legal title to a vehicle, or if a vehicle is the subject of an
agreement for its conditional sale with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract,
or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle
is entitled to possession, then the owner is deemed to be the
person or business firm in whom is vested right of possession
or control.
(13) "Preceding year" means the period of twelve consecutive months immediately before July 1st of the year
immediately before the commencement of the registration or
license year for which apportioned registration is sought.
(14) "Prorate percentage" is the factor that is applied to
the total proratable fees and taxes to determine the apportionable or prorate fees required for registration in a particular
jurisdiction. It is determined by dividing the in-jurisdiction
miles for a particular jurisdiction by the total miles. This
term is synonymous with the term "mileage percentage."
(15) "Registrant" means a person, business firm, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(16) "Registration year" means the twelve-month period
during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
(17) "Total miles" means the total number of miles accumulated in all jurisdictions during the preceding year by all
vehicles of the fleet while they were a part of the fleet. Mileage accumulated by vehicles of the fleet that did not engage
in interstate operations is not included in the fleet miles.
[2005 c 194 § 2; 2003 c 85 § 1; 1997 c 183 § 2; 1994 c 262 §
(2008 Ed.)
46.87.030
12; 1993 c 307 § 12; 1991 c 163 § 4; 1990 c 42 § 111; 1987 c
244 § 16; 1985 c 380 § 2.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.022 Rental trailers, converter gears. Owners of
rental trailers and semitrailers over six thousand pounds gross
vehicle weight, and converter gears used solely in pool fleets
shall fully register a portion of the pool fleet in this state. To
determine the percentage of total fleet vehicles that must be
registered in this state, divide the gross revenue received in
the preceding year for the use of the rental vehicles arising
from rental transactions occurring in this state by the total
revenue received in the preceding year for the use of the
rental vehicles arising from rental transactions in all jurisdictions in which the vehicles are operated. Apply the resulting
percentage to the total number of vehicles that shall be registered in this state. Vehicles registered in this state shall be
representative of the vehicles in the fleet according to age,
size, and value. [1990 c 250 § 74.]
46.87.022
Severability—1990 c 250: See note following RCW 46.16.301.
46.87.023 Rental car businesses. (1) Rental car businesses must register with the department of licensing. This
registration must be renewed annually by the rental car business.
(2) Rental cars must be titled and registered under the
provisions of chapters 46.12 and 46.16 RCW. The vehicle
must be identified at the time of application with the rental
car company business number issued by the department.
(3) Use of rental cars is restricted to the rental customer
unless otherwise provided by rule.
(4) The department may suspend or cancel the exemptions, benefits, or privileges granted under this section to a
rental car business that violates the laws of this state relating
to the operation or registration of vehicles or rules lawfully
adopted thereunder. The department may initiate and conduct
audits, investigations, and enforcement actions as may be
reasonably necessary for administering this section.
(5) The department shall adopt such rules as may be necessary to administer and enforce the provisions of this section. [1994 c 227 § 2; 1992 c 194 § 7.]
46.87.023
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.87.025 Vehicles titled in owner’s name. All vehicles being added to an existing Washington-based fleet or
those vehicles that make up a new Washington-based fleet
shall be titled in the name of the owner at time of registration,
or evidence of filing application for title for such vehicles in
the name of the owner shall accompany the application for
proportional registration. [1990 c 250 § 75; 1987 c 244 § 17.]
46.87.025
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.030 Part-year registration—Credit for unused
fees. (1) When application to register an apportionable vehicle is made, the Washington prorated fees may be reduced by
one-twelfth for each full registration month that has elapsed
at the time a temporary authorization permit (TAP) was
46.87.030
[Title 46 RCW—page 343]
46.87.040
Title 46 RCW: Motor Vehicles
issued or if no TAP was issued, at such time as an application
for registration is received in the department. If a vehicle is
being added to a currently registered fleet, the prorate percentage previously established for the fleet for such registration year shall be used in the computation of the proportional
fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally
registered fleet during the period for which it is registered
under this chapter, the registrant of the fleet shall notify the
department on appropriate forms prescribed by the department. The department may require the registrant to surrender
credentials that were issued to the vehicle. If a motor vehicle
is permanently withdrawn from a proportionally registered
fleet because it has been destroyed, sold, or otherwise completely removed from the service of the fleet registrant, the
unused portion of the licensing fee paid under RCW
46.16.070 with respect to the vehicle reduced by one-twelfth
for each calendar month and fraction thereof elapsing
between the first day of the month of the current registration
year in which the vehicle was registered and the date the
notice of withdrawal, accompanied by such credentials as
may be required, is received in the department, shall be credited to the fleet proportional registration account of the registrant. Credit shall be applied against the licensing fee liability for subsequent additions of motor vehicles to be proportionally registered in the fleet during such registration year or
for additional licensing fees due under RCW 46.16.070 or to
be due upon audit under RCW 46.87.310. If any credit is less
than fifteen dollars, no credit will be entered. In lieu of
credit, the registrant may choose to transfer the unused portion of the licensing fee for the motor vehicle to the new
owner, in which case it shall remain with the motor vehicle
for which it was originally paid. In no event may any amount
be credited against fees other than those for the registration
year from which the credit was obtained nor is any amount
subject to refund. [2005 c 194 § 3; 1997 c 183 § 3; 1993 c
307 § 13; 1987 c 244 § 18; 1986 c 18 § 23; 1985 c 380 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.040 Purchase of additional gross weight. Additional gross weight may be purchased for proportionally registered motor vehicles to the limits authorized under chapter
46.44 RCW. Reregistration at the higher gross weight (maximum gross weights under this chapter are fifty-four thousand
pounds for a solo three-axle truck or one hundred five thousand five hundred pounds for a combination) for the balance
of the registration year, including the full registration month
in which the vehicle is initially licensed at the higher gross
weight. The apportionable or proportional fee initially paid to
the state of Washington, reduced for the number of full registration months the license was in effect, will be deducted
from the total fee to be paid to this state for licensing at the
higher gross weight for the balance of the registration year.
No credit or refund will be given for a reduction of gross
weight. [1994 c 262 § 13; 1987 c 244 § 19; 1985 c 380 § 4.]
46.87.040
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.050 Deposit of fees. Each day the department
shall forward to the state treasurer the fees collected under
this chapter, and within ten days of the end of each registra46.87.050
[Title 46 RCW—page 344]
tion quarter, a detailed report identifying the amount to be
deposited to each account for which fees are required for the
licensing of proportionally registered vehicles. Such fees
shall be deposited pursuant to RCW 46.68.035 and
*82.44.170. [2005 c 194 § 4; 1987 c 244 § 20; 1985 c 380 §
5.]
*Reviser’s note: RCW 82.44.170 was repealed by 2006 c 318 § 10.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.060 Apportionment of fees, formula. The
apportionment of fees to IRP member jurisdictions shall be in
accordance with the provisions of the IRP agreement based
on the apportionable fee multiplied by the prorate percentage
for each jurisdiction in which the fleet will be registered or is
currently registered. [1987 c 244 § 21; 1985 c 380 § 6.]
46.87.060
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.070 Reciprocity for trailers, semitrailers, pole
trailers. Trailers, semitrailers, and pole trailers that are properly based in jurisdictions other than Washington, and that
display currently registered license plates from such jurisdictions will be granted vehicle license reciprocity in this state
without the need of further vehicle license registration. If
pole trailers are not required to be licensed separately by a
member jurisdiction, such vehicles may be operated in this
state without displaying a current base license plate. [2005 c
194 § 5; 1993 c 123 § 1. Prior: 1991 c 339 § 9; 1991 c 163 §
5; 1990 c 42 § 112; 1987 c 244 § 22; 1985 c 380 § 7.]
46.87.070
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.080 Cab cards, validation tabs, special license
plates—Design, procedures—Issuance, refusal, revocation. (1) Upon making satisfactory application and payment
of applicable fees and taxes for proportional registration
under this chapter, the department shall issue a cab card and
validation tab for each vehicle, and to vehicles of Washington-based fleets, two distinctive apportionable license plates
for each motor vehicle. License plates shall be displayed on
vehicles as required by RCW 46.16.240. The number and
plate shall be of a design, size, and color determined by the
department. The plates shall be treated with reflectorized
material and clearly marked with the words "WASHINGTON" and "APPORTIONED," both words to appear in full
and without abbreviation.
(2) The cab card serves as the certificate of registration
for a proportionally registered vehicle. The face of the cab
card shall contain the name and address of the registrant as
contained in the records of the department, the license plate
number assigned to the vehicle by the base jurisdiction, the
vehicle identification number, and such other description of
the vehicle and data as the department may require. The cab
card shall be signed by the registrant, or a designated person
if the registrant is a business firm, and shall at all times be
carried in or on the vehicle to which it was issued.
(3) The apportioned license plates are not transferrable
from vehicle to vehicle unless otherwise determined by rule
46.87.080
(2008 Ed.)
Proportional Registration
and shall be used only on the vehicle to which they are
assigned by the department for as long as they are legible or
until such time as the department requires them to be
removed and returned to the department.
(4) Distinctive validation tab(s) of a design, size, and
color determined by the department shall be affixed to the
apportioned license plate(s) as prescribed by the department
to indicate the month, if necessary, and year for which the
vehicle is registered.
(5) Renewals shall be effected by the issuance and display of such tab(s) after making satisfactory application and
payment of applicable fees and taxes.
(6) Fleet vehicles so registered and identified shall be
deemed to be fully licensed and registered in this state for any
type of movement or operation. However, in those instances
in which a grant of authority is required for interstate or intrastate movement or operation, no such vehicle may be operated in interstate or intrastate commerce in this state unless
the owner has been granted interstate operating authority in
the case of interstate operations or intrastate operating
authority by the Washington utility and transportation commission in the case of intrastate operations and unless the
vehicle is being operated in conformity with that authority.
(7) The department may issue temporary authorization
permits (TAPs) to qualifying operators for the operation of
vehicles pending issuance of license identification. A fee of
one dollar plus a one dollar filing fee shall be collected for
each permit issued. The permit fee shall be deposited in the
motor vehicle fund, and the filing fee shall be deposited in the
highway safety fund. The department may adopt rules for
use and issuance of the permits.
(8) The department may refuse to issue any license or
permit authorized by subsection (1) or (7) of this section to
any person: (a) Who formerly held any type of license or permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW that has been revoked for
cause, which cause has not been removed; or (b) who is a
subterfuge for the real party in interest whose license or permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW and has been revoked for
cause, which cause has not been removed; or (c) who, as an
individual licensee, or officer, director, owner, or managing
employee of a nonindividual licensee, has had a license or
permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW which has been revoked
for cause, which cause has not been removed; or (d) who has
an unsatisfied debt to the state assessed under either chapter
46.16, 46.85, 46.87, 82.36, 82.38, or 82.44 RCW.
(9) The department may revoke the license or permit
authorized by subsection (1) or (7) of this section issued to
any person for any of the grounds constituting cause for
denial of licenses or permits set forth in subsection (8) of this
section.
(10) Before such refusal or revocation under subsection
(8) or (9) of this section, the department shall grant the applicant a hearing and at least ten days written notice of the time
and place of the hearing. [2005 c 194 § 6; 1998 c 115 § 1;
1993 c 307 § 14; 1987 c 244 § 23; 1985 c 380 § 8.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
(2008 Ed.)
46.87.130
46.87.090 Apportioned vehicle license plates, cab
card, validation tabs—Replacement—Fees. (1) To replace
an apportioned vehicle license plate(s), cab card, or validation tab(s) due to loss, defacement, or destruction, the registrant shall apply to the department on forms furnished for that
purpose. The application, together with proper payment and
other documentation as indicated, shall be filed with the
department as follows:
(a) Apportioned plate(s) - a fee of ten dollars shall be
charged for vehicles required to display two apportioned
plates or five dollars for vehicles required to display one
apportioned plate. The cab card of the vehicle for which a
plate is requested shall accompany the application. The
department shall issue a new apportioned plate(s) with validation tab(s) and a new cab card upon acceptance of the completed application form, old cab card, and the required
replacement fee.
(b) Cab card - a fee of two dollars shall be charged for
each card. If this is a duplicate cab card, it will be noted
thereon.
(c) Validation year tab(s) - a fee of two dollars shall be
charged for each vehicle.
(2) All fees collected under this section shall be deposited to the motor vehicle fund. [1994 c 262 § 14; 1987 c 244
§ 24; 1986 c 18 § 24; 1985 c 380 § 9.]
46.87.090
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.120 Mileage data for applications. (1) The initial application for proportional registration of a fleet shall
state the mileage data with respect to the fleet for the preceding year in this and other jurisdictions. If no operations were
conducted with the fleet during the preceding year, the application shall contain a full statement of the proposed method
of operation and estimates of annual mileage in each of the
jurisdictions in which operation is contemplated. The registrant shall determine the in-jurisdiction and total miles to be
used in computing the fees and taxes due for the fleet. The
department may evaluate and adjust the estimate in the application if it is not satisfied as to its correctness.
(2) When operations of a Washington-based fleet is
materially changed through merger, acquisition, or extended
authority, the registrant shall notify the department, which
shall then require the filing of an amended application setting
forth the proposed operation by use of estimated mileage for
all jurisdictions. The department may adjust the estimated
mileage by audit or otherwise to an actual travel basis to
insure proper fee payment. The actual travel basis may be
used for determination of fee payments until such time as a
normal mileage year is available under the new operation.
[2005 c 194 § 7; 1997 c 183 § 4; 1990 c 42 § 113; 1987 c 244
§ 25.]
46.87.120
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.130 Transaction fee. In addition to all other fees
prescribed for the proportional registration of vehicles under
this chapter, the department shall collect a vehicle transaction
fee each time a vehicle is added to a Washington-based fleet,
and each time the proportional registration of a Washingtonbased vehicle is renewed. The exact amount of the vehicle
46.87.130
[Title 46 RCW—page 345]
46.87.140
Title 46 RCW: Motor Vehicles
transaction fee shall be fixed by rule but shall not exceed ten
dollars. This fee shall be deposited in the motor vehicle fund.
[2005 c 194 § 8; 1987 c 244 § 26.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.140 Application—Filing, contents—Fees and
taxes—Assessments, due date. (1) Any owner engaged in
interstate operations of one or more fleets of apportionable
vehicles may, in lieu of registration of the vehicles under
chapter 46.16 RCW, register and license the vehicles of each
fleet under this chapter by filing a proportional registration
application for each fleet with the department. The application shall contain the following information and such other
information pertinent to vehicle registration as the department may require:
(a) A description and identification of each vehicle of the
fleet.
(b) The member jurisdictions in which registration is
desired and such other information as member jurisdictions
require.
(c) An original or renewal application shall also be
accompanied by a mileage schedule for each fleet.
(d) The USDOT number issued to the registrant and the
USDOT number of the motor carrier responsible for the
safety of the vehicle, if different.
(e) A completed Motor Carrier Identification Report
(MCS-150) at the time of fleet renewal or at the time of vehicle registration, if required by the department.
(f) The Taxpayer Identification Number of the registrant
and the motor carrier responsible for the safety of the vehicle,
if different.
(2) Each application shall, at the time and in the manner
required by the department, be supported by payment of a fee
computed as follows:
(a) Divide the in-jurisdiction miles by the total miles and
carry the answer to the nearest thousandth of a percent (three
places beyond the decimal, e.g. 10.543%). This factor is
known as the prorate percentage.
(b) Determine the total proratable fees and taxes required
for each vehicle in the fleet for which registration is
requested, based on the regular annual fees and taxes or
applicable fees and taxes for the unexpired portion of the registration year under the laws of each jurisdiction for which
fees or taxes are to be calculated.
Applicable fees and taxes for vehicles of Washingtonbased fleets are those prescribed under RCW 46.16.070,
46.16.085, and 82.38.075, as applicable. If, during the registration period, the lessor of an apportioned vehicle changes
and the vehicle remains in the fleet of the registrant, the
department shall only charge those fees prescribed for the
issuance of new apportioned license plates, validation tabs,
and cab card.
(c) Multiply the total, proratable fees or taxes for each
motor vehicle by the prorate percentage applicable to the
desired jurisdiction and round the results to the nearest cent.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required
under the laws of the jurisdiction for which fees are being calculated. Nonproratable fees required for vehicles of Washington-based fleets are the administrative fee required by
46.87.140
[Title 46 RCW—page 346]
RCW 82.38.075, if applicable, and the vehicle transaction fee
pursuant to the provisions of RCW 46.87.130.
(e) The amount due and payable for the application is the
sum of the fees and taxes calculated for each member jurisdiction in which registration of the fleet is desired.
(3) All assessments for proportional registration fees are
due and payable in United States funds on the date presented
or mailed to the registrant at the address listed in the proportional registration records of the department. The registrant
may petition for reassessment of the fees or taxes due under
this section within thirty days of the date of original service
as provided for in this chapter. [2005 c 194 § 9; 2003 c 85 §
2; 1997 c 183 § 5; 1991 c 339 § 10; 1990 c 42 § 114; 1987 c
244 § 27.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.150 Overpayment, underpayment—Refund,
additional charge. Whenever a person has been required to
pay a fee or tax pursuant to this chapter that amounts to an
overpayment of ten dollars or more, the person is entitled to a
refund of the entire amount of such overpayment, regardless
of whether or not a refund of the overpayment has been
requested. Nothing in this subsection precludes anyone from
applying for a refund of such overpayment if the overpayment is less than ten dollars. Conversely, if the department or
its agents has failed to charge and collect the full amount of
fees or taxes pursuant to this chapter, which underpayment is
in the amount of ten dollars or more, the department shall
charge and collect such additional amount as will constitute
full payment of the fees and taxes due. [1996 c 91 § 1; 1987
c 244 § 28.]
46.87.150
Effective date—1996 c 91: "This act takes effect July 1, 1996." [1996
c 91 § 5.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.190 Suspension or cancellation of benefits. The
department may suspend or cancel the exemptions, benefits,
or privileges granted under chapter 46.85 RCW or this chapter to any person or business firm who violates any of the
conditions or terms of the IRP or who violates the laws of this
state relating to the operation or registration of vehicles or
rules lawfully adopted thereunder. [2005 c 194 § 10; 1987 c
244 § 32.]
46.87.190
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.200 Refusal of registration—Federal heavy
vehicle use tax. The department may refuse registration of a
vehicle if the applicant has failed to furnish proof, acceptable
to the department, that the federal heavy vehicle use tax
imposed by section 4481 of the internal revenue code of 1954
has been suspended or paid. The department may adopt rules
as deemed necessary to administer this section. [1987 c 244
§ 33.]
46.87.200
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.210 Refusal of application from nonreciprocal
jurisdiction. The department may refuse to accept proportional registration applications for the registration of vehicles
46.87.210
(2008 Ed.)
Proportional Registration
based in another jurisdiction if the department finds that the
other jurisdiction does not grant similar registration privileges to fleet vehicles based in or owned by residents of this
state. [1987 c 244 § 34.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.220 Gross weight computation. The gross
weight in the case of a motor truck, tractor, or truck tractor is
the scale weight of the motor truck, tractor, or truck tractor,
plus the scale weight of any trailer, semitrailer, converter
gear, or pole trailer to be towed by it, to which shall be added
the weight of the maximum load to be carried on it or towed
by it as set forth by the licensee in the application providing
it does not exceed the weight limitations prescribed by chapter 46.44 RCW.
The gross weight in the case of a bus, auto stage, or for
hire vehicle, except a taxicab, with a seating capacity over
six, is the scale weight of the bus, auto stage, or for hire vehicle plus the seating capacity, including the operator’s seat,
computed at one hundred and fifty pounds per seat.
If the resultant gross weight, according to this section, is
not listed in RCW 46.16.070, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
A motor vehicle or combination of vehicles found to be
loaded beyond the licensed gross weight of the motor vehicle
registered under this chapter shall be cited and handled under
RCW 46.16.140 and 46.16.145. [1987 c 244 § 35.]
46.87.220
46.87.290
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.260 Alteration or forgery of cab card or letter
of authority—Penalty. Any person who alters or forges or
causes to be altered or forged any cab card, letter of authority,
or other temporary authority issued by the department under
this chapter or holds or uses a cab card, letter of authority, or
other temporary authority, knowing the document to have
been altered or forged, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 255; 1987 c
244 § 39.]
46.87.260
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.270 Gross weight on vehicle. Every Washington-based motor vehicle registered under this chapter shall
have the maximum gross weight or maximum combined
gross weight for which the vehicle is licensed in this state,
painted or stenciled in letters or numbers of contrasting color
not less than two inches in height in a conspicuous place on
the right and left sides of the vehicle. It is unlawful for the
owner or operator of any motor vehicle to display a maximum gross weight or maximum combined gross weight other
than that shown on the current cab card of the vehicle. [1990
c 250 § 77; 1987 c 244 § 40.]
46.87.270
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.230 Responsibility for unlawful acts or omissions. Whenever an act or omission is declared to be unlawful under chapter 46.12, 46.16, or 46.44 RCW or this chapter,
and if the operator of the vehicle is not the owner or lessee of
the vehicle but is so operating or moving the vehicle with the
express or implied permission of the owner or lessee, then the
operator and the owner or lessee are both subject to this chapter, with the primary responsibility to be that of the owner or
lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or the lessee of the
vehicle, that person is fully authorized to accept the citation
or notice of infraction and execute the promise to appear on
behalf of the owner or lessee. [1987 c 244 § 36.]
46.87.280 Effect of other registration. Nothing contained in this chapter relating to proportional registration of
fleet vehicles requires any vehicle to be proportionally registered if it is otherwise registered for operation on the highways of this state. [1987 c 244 § 41.]
46.87.230
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.240 Relationship of department with other
jurisdictions. Under the provisions of the IRP, the department may act in a quasi-agency relationship with other jurisdictions. The department may collect and forward applicable
registration fees and taxes and applications to other jurisdictions on behalf of the applicant or another jurisdiction and
may take other action that facilitates the administration of the
plan. [1987 c 244 § 37.]
46.87.240
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.250 Authority of chapter. This chapter constitutes complete authority for the registration of fleet vehicles
upon a proportional registration basis without reference to or
application of any other statutes of this state except as
expressly provided in this chapter. [1987 c 244 § 38.]
46.87.250
(2008 Ed.)
46.87.280
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.290 Refusal, cancellation of application, cab
card—Procedures, penalties. (1) If the department determines at any time that an applicant for proportional registration of a vehicle or a fleet of vehicles is not entitled to a cab
card for a vehicle or fleet of vehicles, the department may
refuse to issue the cab card(s) or to license the vehicle or fleet
of vehicles and may for like reason, after notice, and in the
exercise of discretion, cancel the cab card(s) and license
plate(s) already issued. The department shall send the notice
of cancellation by first-class mail, addressed to the owner of
the vehicle in question at the owner’s address as it appears in
the proportional registration records of the department, and
record the transmittal on an affidavit of first-class mail. It is
then unlawful for any person to remove, drive, or operate the
vehicle(s) until a proper certificate(s) of registration or cab
card(s) has been issued.
(2) Any person removing, driving, or operating the vehicle(s) after the refusal of the department to issue a cab
card(s), certificate(s) of registration, license plate(s), or the
revocation or cancellation of the cab card(s), certificate(s) of
registration, or license plate(s) is guilty of a gross misdemeanor.
(3) At the discretion of the department, a vehicle that has
been moved, driven, or operated in violation of this section
46.87.290
[Title 46 RCW—page 347]
46.87.294
Title 46 RCW: Motor Vehicles
may be impounded by the Washington state patrol, county
sheriff, or city police in a manner directed for such cases by
the chief of the Washington state patrol until proper registration and license plate have been issued. [2003 c 53 § 256;
1997 c 183 § 6; 1987 c 244 § 42.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.294 Refusal under federal prohibition, placement of out-of-service order. The department shall refuse
to register a vehicle under this chapter if the registrant or
motor carrier responsible for the safety of the vehicle has
been prohibited under federal law from operating by the federal motor carrier safety administration. The department
shall not register a vehicle if the Washington state patrol has
placed an out-of-service order on the vehicle’s department of
transportation number, as defined in RCW 46.16.004. [2007
c 419 § 15; 2003 c 85 § 3.]
46.87.294
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.87.296 Suspension, revocation under federal prohibition—Placement of out-of-service order. The department shall suspend or revoke the registration of a vehicle registered under this chapter if the registrant or motor carrier
responsible for the safety of the vehicle has been prohibited
under federal law from operating by the federal motor carrier
safety administration. The department shall not register a
vehicle if the Washington state patrol has placed an out-ofservice order on the vehicle’s department of transportation
number, as defined in RCW 46.16.004. [2007 c 419 § 16;
2003 c 85 § 4.]
46.87.296
Findings—Short title—Application—2007 c 419: See notes following RCW 46.16.004.
46.87.300 Appeal of suspension, revocation, cancellation, refusal. The suspension, revocation, cancellation, or
refusal by the director, or the director’s designee, of a license
plate(s), certificate(s) of registration, or cab card(s) provided
for in this chapter is conclusive unless the person whose
license plate(s), certificate(s) of registration, or cab card(s) is
suspended, revoked, canceled, or refused appeals to the superior court of Thurston county, or at the person’s option if a
resident of Washington, to the superior court of his or her
county of residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the license
plate(s), certificate(s) of registration, or cab card(s) set aside.
Notice of appeal shall be filed within ten calendar days after
service of the notice of suspension, revocation, cancellation,
or refusal. Upon the filing of the appeal, the court shall issue
an order to the director to show cause why the license(s)
should not be granted or reinstated. The director shall
respond to the order within ten days after the date of service
of the order upon the director. Service shall be in the manner
prescribed for service of summons and complaint in other
civil actions. Upon the hearing on the order to show cause,
the court shall hear evidence concerning matters related to the
suspension, revocation, cancellation, or refusal of the license
plate(s), certificate(s) of registration, or cab card(s) and shall
46.87.300
[Title 46 RCW—page 348]
enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal. [1987 c 244 § 43.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.310
46.87.310 Application records—Preservation, contents, audit—Additional assessments, penalties, refunds.
Any owner whose application for proportional registration
has been accepted shall preserve the records on which the
application is based for a period of four years following the
preceding year or period upon which the application is based.
These records shall be complete and shall include, but not be
limited to, the following: Copies of proportional registration
applications and supplements for all jurisdictions in which
the fleet is prorated; proof of proportional or full registration
with other jurisdictions; vehicle license or trip permits; temporary authorization permits; documents establishing the latest purchase year and cost of each fleet vehicle in ready-forthe-road condition; weight certificates indicating the unladen,
ready-for-the-road, weight of each vehicle in the fleet; periodic summaries of mileage by fleet and by individual vehicles; individual trip reports, driver’s daily logs, or other
source documents maintained for each individual trip that
provide trip dates, points of origin and destinations, total
miles traveled, miles traveled in each jurisdiction, routes
traveled, vehicle equipment number, driver’s full name, and
all other information pertinent to each trip. Upon request of
the department, the owner shall make the records available to
the department at its designated office for audit as to accuracy
of records, computations, and payments. The department
shall assess and collect any unpaid fees and taxes found to be
due the state and provide credits or refunds for overpayments
of Washington fees and taxes as determined in accordance
with formulas and other requirements prescribed in this chapter. If the owner fails to maintain complete records as
required by this section, the department shall attempt to
reconstruct or reestablish such records. However, if the
department is unable to do so and the missing or incomplete
records involve mileages accrued by vehicles while they are
part of the fleet, the department may assess an amount not to
exceed the difference between the Washington proportional
fees and taxes paid and one hundred percent of the fees and
taxes. Further, if the owner fails to maintain complete records
as required by this section, or if the department determines
that the owner should have registered more vehicles in this
state under this chapter, the department may deny the owner
the right of any further benefits provided by this chapter until
any final audit or assessment made under this chapter has
been satisfied.
The department may audit the records of any owner and
may make arrangements with agencies of other jurisdictions
administering motor vehicle registration laws for joint audits
of any such owner. No assessment for deficiency or claim for
credit may be made for any period for which records are no
longer required. Any fees, taxes, penalties, or interest found
to be due and owing the state upon audit shall bear interest at
the rate of one percent per month, or fraction thereof, from
the first day of the calendar month after the amount should
have been paid until the date of payment. If the audit discloses a deliberate and willful intent to evade the require(2008 Ed.)
Proportional Registration
ments of payment under RCW 46.87.140, a penalty of ten
percent shall also be assessed.
If the audit discloses that an overpayment to the state in
excess of ten dollars has been made, the department shall certify the overpayment to the state treasurer who shall issue a
warrant for the overpayment to the vehicle operator. Overpayments shall bear interest at the rate of eight percent per
annum from the date on which the overpayment is incurred
until the date of payment. [1996 c 91 § 2; 1993 c 307 § 15;
1987 c 244 § 44.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.320 Departmental audits, investigations—Subpoenas. The department may initiate and conduct audits and
investigations as may be reasonably necessary to establish
the existence of any alleged violations of or noncompliance
with this chapter or any rules adopted under it.
For the purpose of any audit, investigation, or proceeding under this chapter the director or any designee of the
director may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, paper, correspondence,
memoranda, agreements, or other documents or records that
the department deems relevant or material to the inquiry.
In case of contumacy or refusal to obey a subpoena
issued to any person, any court of competent jurisdiction
upon application by the department, may issue an order
requiring that person to appear before the director or the
officer designated by the director to produce testimony or
other evidence touching the matter under audit, investigation,
or in question. Failure to obey an order of the court may be
punishable by contempt. [1987 c 244 § 45.]
46.87.320
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.330 Assessments—When due, penalties—
Reassessment—Petition, notice, service—Injunctions,
writs of mandate restricted. An owner of proportionally
registered vehicles against whom an assessment is made
under RCW 46.87.310 may petition for reassessment thereof
within thirty days after service of notice of the assessment
upon the owner of the proportionally registered vehicles. If
the petition is not filed within the thirty-day period, the
amount of the assessment becomes final at the expiration of
that time period.
If a petition for reassessment is filed within the thirtyday period, the department shall reconsider the assessment
and, if the petitioner has so requested in the petition, shall
grant the petitioner an oral hearing and give the petitioner ten
days notice of the time and place of the hearing. The department may continue the hearing from time to time. The decision of the department upon a petition for reassessment
becomes final thirty days after service upon the petitioner of
notice of the decision.
Every assessment made under RCW 46.87.310 becomes
due and payable at the time it is served on the owner. If the
assessment is not paid in full when it becomes final, the
department shall add a penalty of ten percent of the amount of
the assessment.
46.87.330
(2008 Ed.)
46.87.340
Any notice of assessment, reassessment, oral hearing, or
decision required by this section shall be served personally or
by mail. If served by mail, service is deemed to have been
accomplished on the date the notice was deposited in the
United States mail, postage prepaid, addressed to the owner
of the proportionally registered vehicles at the owner’s
address as it appears in the proportional registration records
of the department.
No injunction or writ of mandate or other legal or equitable process may be issued in any suit, action, or proceeding in
any court against any officer of the state to prevent or enjoin
the collection under this chapter of any fee or tax or any
amount of fee or tax required to be collected, except as specifically provided for in chapter 34.05 RCW. [1996 c 91 § 3;
1987 c 244 § 46.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.335 Mitigation of assessments. Except in the
case of violations of filing a false or fraudulent application, if
the department deems mitigation of penalties, fees, and interest to be reasonable and in the best interests of carrying out
the purpose of this chapter, it may mitigate such assessments
upon whatever terms the department deems proper, giving
consideration to the degree and extent of the lack of records
and reporting errors. The department may ascertain the facts
regarding recordkeeping and payment penalties in lieu of
more elaborate proceedings under this chapter. [1994 c 262
§ 15; 1991 c 339 § 5.]
46.87.335
46.87.340 Assessments—Lien for nonpayment. If an
owner of proportionally registered vehicles liable for the
remittance of fees and taxes imposed by this chapter fails to
pay the fees and taxes, the amount thereof, including any
interest, penalty, or addition to the fees and taxes together
with any additional costs that may accrue, constitutes a lien in
favor of the state upon all franchises, property, and rights to
property, whether the property is employed by the person for
personal or business use or is in the hands of a trustee,
receiver, or assignee for the benefit of creditors, from the date
the fees and taxes were due and payable until the amount of
the lien is paid or the property is sold to pay the lien. The lien
has priority over any lien or encumbrance whatsoever, except
the lien of other state taxes having priority by law, and except
that the lien is not valid as against any bona fide mortgagee,
pledgee, judgment creditor, or purchaser whose rights have
attached before the time the department has filed and
recorded notice of the lien as provided in this chapter.
In order to avail itself of the lien created by this section,
the department shall file with any county auditor a statement
of claim and lien specifying the amount of delinquent fees
and taxes, penalties, and interest claimed by the department.
From the time of filing for record, the amount required to be
paid constitutes a lien upon all franchises, property, and
rights to property, whether real or personal, then belonging to
or thereafter acquired by the person in the county. Any lien as
provided in this section may also be filed in the office of the
secretary of state. Filing in the office of the secretary of state
is of no effect, however, until the lien or a copy of it has been
filed with the county auditor in the county where the property
46.87.340
[Title 46 RCW—page 349]
46.87.350
Title 46 RCW: Motor Vehicles
is located. When a lien is filed in compliance with this section
and with the secretary of state, the filing has the same effect
as if the lien had been duly filed for record in the office of
each county auditor of this state. [1993 c 307 § 16; 1987 c
244 § 47.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.350 Delinquent obligations—Notice—Restriction on credits or property—Default judgments—Lien. If
an owner of proportionally registered vehicles for which an
assessment has become final is delinquent in the payment of
an obligation imposed under this chapter, the department may
give notice of the amount of the delinquency by registered or
certified mail to all persons having in their possession or
under their control any credits or other personal property
belonging to the vehicle owner or owing any debts to the
owner, at the time of the receipt by them of the notice. Thereafter, a person so notified shall neither transfer nor make
other disposition of those credits, personal property, or debts
until the department consents to a transfer or other disposition. A person so notified shall, within twenty days after
receipt of the notice, advise the department of any and all
such credits, personal property, or debts in their possession,
under their control or owing by them, as the case may be, and
shall forthwith deliver such credits, personal property, or
debts to the department or its duly authorized representative
to be applied to the indebtedness involved.
If a person fails to answer the notice within the time prescribed by this section, it is lawful for the court upon application of the department and after the time to answer the notice
has expired, to render judgment by default against the person
for the full amount claimed by the department in the notice to
withhold and deliver, together with costs.
Upon service, the notice and order to withhold and
deliver constitutes a continuing lien on property of the taxpayer. The department shall include in the caption of the
notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver served under this
section is the date of service of the notice. [1994 c 262 § 16;
1987 c 244 § 48.]
46.87.350
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.360 Delinquent obligations—Collection by
department—Seizure of property, notice, sale. Whenever
the owner of proportionally registered vehicles is delinquent
in the payment of an obligation imposed under this chapter,
and the delinquency continues after notice and demand for
payment by the department, the department may proceed to
collect the amount due from the owner in the following manner: The department shall seize any property subject to the
lien of the fees, taxes, penalties, and interest and sell it at public auction to pay the obligation and any and all costs that
may have been incurred because of the seizure and sale.
Notice of the intended sale and its time and place shall be
given to the delinquent owner and to all persons appearing of
record to have an interest in the property. The notice shall be
given in writing at least ten days before the date set for the
sale by registered or certified mail addressed to the owner as
appearing in the proportional registration records of the
department and, in the case of any person appearing of record
46.87.360
[Title 46 RCW—page 350]
to have an interest in such property, addressed to that person
at their last known residence or place of business. In addition,
the notice shall be published at least ten days before the date
set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold.
If there is no newspaper in the county, the notice shall be
posted in three public places in the county for a period of ten
days. The notice shall contain a description of the property to
be sold, a statement of the amount due under this chapter, the
name of the owner of the proportionally registered vehicles,
and the further statement that unless the amount due is paid
on or before the time fixed in the notice the property will be
sold in accordance with law.
The department shall then proceed to sell the property in
accordance with law and the notice, and shall deliver to the
purchaser a bill of sale or deed that vests title in the purchaser. If upon any such sale the moneys received exceed the
amount due to the state under this chapter from the delinquent
owner, the excess shall be returned to the delinquent owner
and his receipt obtained for it. The department may withhold
payment of the excess to the delinquent owner if a person
having an interest in or lien upon the property has filed with
the department their notice of the lien or interest before the
sale, pending determination of the rights of the respective
parties thereto by a court of competent jurisdiction. If for any
reason the receipt of the delinquent owner is not available,
the department shall deposit the excess with the state treasurer as trustee for the delinquent owner. [1987 c 244 § 49.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.370 Warrant for final assessments—Lien on
property. Whenever any assessment has become final in
accordance with this chapter, the department may file with
the clerk of any county within this state a warrant in the
amount of fees, taxes, penalties, interest, and a filing fee
under RCW 36.18.012(10). The clerk of the county in which
the warrant is filed shall immediately designate a superior
court cause number for the warrant, and the clerk shall cause
to be entered in the judgment docket under the superior court
cause number assigned to the warrant the name of the delinquent owner of proportionally registered vehicles mentioned
in the warrant, the amount of the fees, taxes, penalties, interest, and filing fee, and the date when the warrant was filed.
The aggregate amount of the warrant as docketed constitutes
a lien upon the title to, and interest in, all real and personal
property of the named person against whom the warrant is
issued, the same as a judgment in a civil case duly docketed
in the office of the clerk. A warrant so docketed is sufficient
to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law
in the case of civil judgment wholly or partially unsatisfied.
The clerk of the court is entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. [2001 c 146 § 6; 1987 c 244 § 50.]
46.87.370
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.380 Delinquent obligations—Collection by
attorney general. Whenever an owner of proportionally registered vehicles is delinquent in the payment of an obligation
under this chapter the department may transmit notices of the
46.87.380
(2008 Ed.)
Washington Model Traffic Ordinance
delinquency to the attorney general who shall at once proceed
to collect by appropriate legal action the amount due the state
from the delinquent owner.
In a suit brought to enforce the rights of the state under
this chapter, a certificate by the department showing the
delinquency is prima facie evidence of the amount of the
obligation, of the delinquency thereof, and of compliance by
the department with all provisions of this chapter relating to
the obligation. [1987 c 244 § 51.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.390 Remedies cumulative. The remedies of the
state in this chapter are cumulative, and no action taken by
the department may be construed to be an election on the part
of the state or any of its officers to pursue any remedy under
this chapter to the exclusion of any other remedy provided for
in this chapter. [1987 c 244 § 52.]
46.87.390
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.400 Civil immunity. (1) The director, the state of
Washington, and its political subdivisions are immune from
civil liability arising from the issuance of a vehicle license to
a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted
against the director or the state of Washington by reason of
any act done or omitted to be done in the administration of the
duties and responsibilities imposed upon the director under
this chapter. [1987 c 244 § 53.]
46.90.010
year may obtain permits for such operations upon application
to the department. Such permits may be issued for thirty,
sixty, or ninety day periods. The cost of each such permit
shall be one-twelfth of the fees provided for in RCW
46.16.070 or 46.16.085, as appropriate, and *82.44.020 for
each thirty days’ operations provided for in the permit. [1986
c 18 § 25; 1979 c 158 § 202; 1969 ex.s. c 281 § 32.]
2.
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 §
Effective date—1969 ex.s. c 281: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
except for sections 32 and 54 of this 1969 amendatory act shall take effect
immediately. Sections 32 and 54 of this 1969 amendatory act shall take
effect January 1, 1970." [1969 ex.s. c 281 § 63.]
Chapter 46.90 RCW
WASHINGTON MODEL TRAFFIC ORDINANCE
Chapter 46.90
Sections
46.87.400
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.410 Bankruptcy proceedings—Notice. A proportional registration licensee, who files or against whom is
filed a petition in bankruptcy, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1997 c 183 § 1.]
46.87.410
46.87.900 Severability—1985 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 380 § 26.]
46.87.900
46.87.910 Short title. This chapter may be known and
cited as "Proportional Registration." [1987 c 244 § 54.]
46.90.005
46.90.010
Purpose.
Adoption of model traffic ordinance—Amendments.
46.90.005 Purpose. The purpose of this chapter is to
encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive
compilation of sound, uniform traffic laws to serve as a guide
which local authorities may adopt by reference or any part
thereof, including all future amendments or additions thereto.
Any local authority which adopts that body of rules by reference may at any time exclude any section or sections of those
rules that it does not desire to include in its local traffic ordinance. The rules are not intended to deny any local authority
its legislative power, but rather to enhance safe and efficient
movement of traffic throughout the state by having current,
uniform traffic laws available. [1993 c 400 § 1; 1975 1st ex.s.
c 54 § 1.]
46.90.005
Effective dates—1993 c 400: "(1) Sections 3 through 5 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 15, 1993].
(2) Sections 1 and 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July 1, 1993.
(3) Section 6 of this act takes effect July 1, 1994." [1993 c 400 § 7.]
46.87.910
Effective dates—1987 c 244: See note following RCW 46.12.020.
Chapter 46.88 RCW
OUT-OF-STATE COMMERCIAL VEHICLES—
INTRASTATE PERMITS
Chapter 46.88
Sections
46.88.010
Commercial vehicles registered in another state—Permits for
intrastate operations.
46.88.010 Commercial vehicles registered in another
state—Permits for intrastate operations. The owner of
any commercial vehicle or vehicles lawfully registered in
another state and who wishes to use such vehicle or vehicles
in this state in intrastate operations for periods less than a
46.88.010
(2008 Ed.)
46.90.010 Adoption of model traffic ordinance—
Amendments. In consultation with the chief of the Washington state patrol and the traffic safety commission, the
director shall adopt in accordance with chapter 34.05 RCW a
model traffic ordinance for use by any city, town, or county.
The addition of any new section to, or amendment or repeal
of any section in, the model traffic ordinance is deemed to
amend any city, town, or county, ordinance which has
adopted by reference the model traffic ordinance or any part
thereof, and it shall not be necessary for the legislative
authority of any city, town, or county to take any action with
respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140,
35A.13.180, and 36.32.120(7). [1993 c 400 § 2; 1975 1st
ex.s. c 54 § 2.]
46.90.010
Effective dates—1993 c 400: See note following RCW 46.90.005.
[Title 46 RCW—page 351]
Chapter 46.93
Title 46 RCW: Motor Vehicles
Chapter 46.93 RCW
MOTORSPORTS VEHICLES—DEALER AND
MANUFACTURER FRANCHISES
Chapter 46.93
46.93.050
46.93.060
46.93.070
46.93.080
46.93.090
46.93.100
46.93.110
46.93.120
46.93.130
46.93.140
46.93.150
46.93.160
46.93.170
46.93.180
46.93.190
46.93.200
46.93.900
46.93.901
46.93.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of the department of
licensing.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name,
trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motorsports vehicle
dealer that purports to fix the legal rights and liabilities
between the parties and under which (a) the dealer is granted
the right to purchase and resell motorsports vehicles manufactured, distributed, or imported by the manufacturer; (b) the
dealer’s business is associated with the trademark, trade
name, commercial symbol, or advertisement designating the
franchisor or the products distributed by the manufacturer;
and (c) the dealer’s business relies on the manufacturer for a
continued supply of motorsports vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild,
parent, brother, or sister of the owner of a new motorsports
vehicle dealership who, in the case of the owner’s death, is
entitled to inherit the ownership interest in the new motorsports vehicle dealership under the terms of the owner’s will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motorsports vehicle dealer who has been nominated by
the owner of a new motorsports vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports vehicle dealership, the person who has been appointed
by a court as the legal representative of the incapacitated
owner’s property.
(6) "Manufacturer" means a person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motorsports vehicles or
remanufactures motorsports vehicles in whole or in part and
further includes the terms:
(a) "Distributor," which means a person, firm, association, corporation, or trust, resident or nonresident, who in
whole or in part offers for sale, sells, or distributes new and
unused motorsports vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering
for sale, motorsports vehicles to a distributor, wholesaler, or
vehicle dealer, or for directing or supervising in whole or in
part factory or distributor representatives, and further
46.93.020
Sections
46.93.010
46.93.020
46.93.030
46.93.040
competitive efforts and resources to the sale and services of
the manufacturer’s products to consumers. [2003 c 354 § 1.]
Findings—Intent.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment,
etc.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—New or relocated dealerships, notice
of.
Protest of new or relocated dealership—Hearing—Arbitration.
Factors considered by administrative law judge.
Hearing—Procedures, costs, appeal.
Relocation requirements—Exceptions.
Unfair practices.
Sale, transfer, or exchange of franchise.
Petition and hearing filing fees, costs, security.
Department defining additional motorsports vehicles.
Severability.
Captions not law.
46.93.010 Findings—Intent. The legislature finds and
declares that the distribution and sale of motorsports vehicles
in this state vitally affect the general economy of the state and
the public interest and public welfare, that provision for warranty service to motorsports vehicles is of substantial concern
to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and
that the maintenance of strong and sound dealerships is
essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature
further finds that there is a substantial disparity in bargaining
power between motorsports vehicle manufacturers and their
dealers, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate the relationship between motorsports
vehicle dealers and motorsports vehicle manufacturers,
importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but
also for the benefit for the public in assuring the continued
availability and servicing of motorsports vehicles sold to the
public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motorsports vehicles to conduct
business with each other in a fair, efficient, and competitive
manner. The legislature declares the public interest is best
served by dealers being assured of the ability to manage their
business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable
interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the
intent of the legislature to impose a regulatory scheme and to
regulate competition in the motorsports vehicle industry to
the extent necessary to balance fairness and efficiency.
These actions will permit motorsports vehicle dealers to better serve consumers and allow dealers to devote their best
46.93.010
[Title 46 RCW—page 352]
(2008 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
includes a sales promotion organization, whether a person,
firm, or corporation, that is engaged in promoting the sale of
new and unused motorsports vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale of
their motorsports vehicles or for supervising or contracting
with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined
in RCW 46.04.330; a moped as defined in RCW 46.04.304; a
motor-driven cycle as defined in RCW 46.04.332; a personal
watercraft as defined in RCW 79A.60.010; a snowmobile as
defined in RCW 46.10.010; a four-wheel, all-terrain vehicle;
and any other motorsports vehicle defined under RCW
46.93.200 by the department that is otherwise not subject to
chapter 46.96 RCW.
(8) "New motorsports vehicle dealer" or "dealer" means
a person engaged in the business of buying, selling, exchanging, or otherwise dealing in new motorsports vehicles or new
and used motorsports vehicles at an established place of business under a franchise, sales and service agreement, or any
other contract with a manufacturer of any one or more types
of new motorsports vehicles. The term does not include a
miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the business entity operating as a new motorsports vehicle dealer and who is the designated dealer in the new motorsports vehicle franchise agreement.
(10) "Person" means a natural person, partnership, stock
company, corporation, trust, agency, or any other legal entity,
as well as any individual officers, directors, or other persons
in active control of the activities of the entity.
(11) "Place of business" means a permanent, enclosed
commercial building, situated within this state, and the real
property on which it is located, at which the business of a
motorsports vehicle dealer, including the display and repair
of motorsports vehicles, may be lawfully conducted in accordance with the terms of all applicable laws and at which the
public may contact the motorsports vehicle dealer and
employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing,
proposed new, or relocated dealership is located or is to be
located is four hundred thousand or more, the relevant market
area is the geographic area within the radius of ten miles
around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is two
hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a
radius of twelve miles around the existing, proposed new, or
relocated place of business for the dealership;
(c) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is less
than two hundred thousand, the relevant market area is the
geographic area within a radius of twenty miles around the
existing, proposed new, or relocated place of business for the
dealership;
(2008 Ed.)
46.93.050
(d) In determining population for this definition, the
most recent census by the United States Bureau of Census or
the most recent population update, either from the National
Planning Data Corporation or other similar recognized
source, will be accumulated for all census tracts either wholly
or partially within the relevant market area. [2003 c 354 § 2.]
46.93.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with
a new motorsports vehicle dealer, unless the manufacturer
has complied with the notice requirements of RCW
46.93.070 and an administrative law judge has determined, if
requested in writing by the dealer within forty-five days of
receiving a notice from a manufacturer, after hearing, that
there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted
in good faith regarding the termination, cancellation, or nonrenewal. [2003 c 354 § 3.]
46.93.030
46.93.040 Determination of good cause, good faith—
Petition, notice, decision, appeal. A new motorsports vehicle dealer who has received written notification from the
manufacturer of the manufacturer’s intent to terminate, cancel, or not renew the franchise, may file a petition with the
department for a determination as to the existence of good
cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short
statement setting forth the reasons for the dealer’s objection
to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the
appointment of an administrative law judge under chapter
34.12 RCW to conduct a hearing. The franchise in question
continues in full force and effect pending the administrative
law judge’s decision. If the decision of the administrative
law judge terminating, canceling, or failing to renew a
dealer’s franchise is appealed by a dealer or manufacturer,
the franchise continues in full force and effect until all
appeals to a superior court or any appellate court have been
completed. Nothing in this section precludes a manufacturer
or dealer from petitioning the superior court for a stay or
other relief pending judicial review. [2003 c 354 § 4.]
46.93.040
46.93.050 Determination of good cause, good faith—
Hearing, decision, procedures—Judicial review. (1) The
administrative law judge shall conduct the hearing and render
a final decision as expeditiously as possible, but in any event
not later than one hundred eighty days after a petition is filed.
If the termination, cancellation, or nonrenewal is under RCW
46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as
46.93.050
[Title 46 RCW—page 353]
46.93.060
Title 46 RCW: Motor Vehicles
otherwise provided in RCW 34.05.446 and 34.05.449, all
hearing costs must be borne on an equal basis by the parties
to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final
order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek
judicial review of the order in the superior court or appellate
court in the manner provided for in RCW 34.05.510 through
34.05.598. A petitioner for judicial review need not exhaust
all administrative appeals or administrative review processes
as a prerequisite for seeking judicial review under this section. [2003 c 354 § 5.]
46.93.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.93.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal of a franchise when there is
a failure by the dealer to comply with a provision of the franchise that is both reasonable and of material significance to
the franchise relationship, if the dealer was notified of the
failure within one hundred eighty days after the manufacturer
first acquired knowledge of the failure, and the dealer did not
correct the failure after being requested to do so.
If, however, the failure of the dealer relates to the performance of the dealer in sales, service, or level of customer satisfaction, good cause is the failure of the dealer to comply
with reasonable performance standards determined by the
manufacturer in accordance with uniformly applied criteria,
and:
(a) The dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the dealer with specific,
reasonable goals or reasonable performance standards with
which the dealer must comply, together with a suggested
timetable or program for attaining those goals or standards,
and the dealer was given a reasonable opportunity, for a
period of not more than ninety days, to comply with the goals
or standards; and
(d) The dealer did not substantially comply with the
manufacturer’s performance standards during that period and
the failure to demonstrate substantial compliance was not due
to market or economic factors within the dealer’s relevant
market area that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[2003 c 354 § 6.]
46.93.060
46.93.070 Notice of termination, cancellation, or nonrenewal. Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the dealer. The notice
must be by certified mail or personally delivered to the new
motorsports vehicle dealer and must state the intention to terminate, cancel, or not renew the franchise, the reasons for the
termination, cancellation, or nonrenewal, and the effective
46.93.070
[Title 46 RCW—page 354]
date of the termination, cancellation, or nonrenewal. The
notice must be given:
(1) Not less than ninety days, which runs concurrently
with the ninety-day period provided in RCW
46.93.060(1)(c), before the effective date of the termination,
cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to
any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition
by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service
operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the
dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the dealer
is required to have to operate the dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and distribution of the new motorsports vehicle line. [2003 c 354 § 7.]
46.93.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination, cancellation, or nonrenewal of a franchise by the manufacturer
under this chapter, the manufacturer shall pay the dealer, at a
minimum:
(a) Dealer cost, less all allowances paid or credited to the
dealer by the manufacturer, of unused, undamaged, and
unsold new motorsports vehicles in the dealer’s inventory
that were acquired from the manufacturer or another dealer of
the same line make;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another
dealer ceasing operations as a part of the dealer’s initial
inventory, as long as the supplies, parts, and accessories
appear in the manufacturer’s current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned
by the dealer that bears a common name, trade name, or
trademark of the manufacturer, if acquisition of the sign was
recommended or required by the manufacturer and the sign is
in good and usable condition less reasonable wear and tear,
and has not been depreciated by the dealer more than fifty
percent of the value of the sign; and
(e) The fair market value of all special tools owned or
leased by the dealer that were acquired from the manufacturer
or persons approved by the manufacturer, and that were
required by the manufacturer, and are in good and usable
condition, less reasonable wear and tear. However, if the
tools are leased by the dealer, the manufacturer shall pay the
46.93.080
(2008 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for
payment or reimbursement to the dealer in excess of that
specified in this section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in subsection (1) of this section within ninety days after
the tender of the property, if the dealer has clear title to the
property and is in a position to convey that title to the manufacturer. [2003 c 354 § 8.]
46.93.090 Mitigation of damages. RCW 46.93.030
through 46.93.080 do not relieve a dealer from the obligation
to mitigate the dealer’s damages upon termination, cancellation, or nonrenewal of the franchise. [2003 c 354 § 9.]
46.93.090
46.93.100 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer’s obligation to perform warranty work or service
on the manufacturer’s products. Each manufacturer shall
provide each of its dealers with a schedule of compensation
to be paid to the dealer for any warranty work or service,
including parts, labor, and diagnostic work, required of the
dealer by the manufacturer in connection with the manufacturer’s products, and for work on and preparation of motorsports vehicles received from the manufacturer. The compensation may not be less than the rates reasonably charged
by the dealer for like services and parts to retail customers.
The compensation may not be reduced by the manufacturer
for any reason or made conditional on an activity outside the
performance of warranty work.
(2) All claims for warranty work for parts and labor
made by dealers under this section must be paid by the manufacturer within thirty days after approval, and must be
approved or denied within thirty days of receipt by the manufacturer. Denial of a claim must be in writing with the specific grounds for denial. The manufacturer may audit claims
for warranty work and charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year after
payment. However, the manufacturer may audit and charge
the dealer for any fraudulent claims during any period for
which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer must be either
approved or disapproved within thirty days after their receipt.
The manufacturer shall notify the dealer in writing of a disapproved claim, and shall set forth the reasons why the claim
was not approved. A claim not specifically disapproved in
writing within thirty days after receipt is approved, and the
manufacturer is required to pay that claim within thirty days
of receipt of the claim. [2003 c 354 § 10.]
46.93.100
46.93.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the ownership of the dealer franchise upon the owner’s death or incapacity.
46.93.110
(2008 Ed.)
46.93.110
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a
dealer franchise may succeed to the ownership interest of the
owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
d e f i n i ti o n o f a d e s i g n a t e d s u c c e s s o r u n d e r R C W
46.93.020(5), but who is not experienced in the business of a
new motorsports vehicle dealer, the person will employ an
individual who is qualified and experienced in the business of
a new motorsports vehicle dealer to help manage the day-today operations of the dealership; or in the case of a designated successor who meets the definition of a designated successor under RCW 46.93.020(5) (b) or (c), the person is qualified and experienced in the business of a new motorsports
vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a
dealer by the manufacturer; and
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the dealership within sixty days after the
owner’s death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a dealer franchise by a designated successor if the manufacturer establishes that good cause exists for
its refusal to honor the succession. If the designated successor of a deceased or incapacitated owner of a dealer franchise
fails to meet the requirements set forth in subsection (2)(a),
(b), and (c) of this section, good cause for refusing to honor
the succession is presumed to exist. If a manufacturer
believes that good cause exists for refusing to honor the succession to the ownership of a dealer franchise by a designated
successor, the manufacturer shall serve written notice on the
designated successor and on the department of its refusal to
honor the succession no earlier than sixty days from the date
the notice is served. The notice must be served not later than
sixty days after the manufacturer’s receipt of:
(a) Notice of the designated successor’s intent to succeed
to the ownership interest of the dealer’s franchise; or
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section must state
the specific grounds for the refusal to honor the succession.
If the notice of refusal is not timely and properly served, the
designated successor may continue the franchise in full force
and effect, subject to termination only as otherwise provided
under this chapter.
(6) Within twenty days after receipt of the notice, or
within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition must
contain a short statement setting forth the reasons for the designated successor’s protest. Upon the filing of a protest and
the receipt of the filing fee, the department shall promptly
notify the manufacturer that a timely protest has been filed
[Title 46 RCW—page 355]
46.93.120
Title 46 RCW: Motor Vehicles
and shall request the appointment of an administrative law
judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer may not terminate or otherwise discontinue the
existing franchise until the administrative law judge has held
a hearing and has determined that there is good cause for
refusing to honor the succession. If an appeal is taken, the
manufacturer may not terminate or discontinue the franchise
until all appeals to a superior court or any appellate court
have been completed. Nothing in this section precludes a
manufacturer or dealer from petitioning the superior court for
a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible,
but in any event not later than one hundred eighty days after
a protest is filed.
(9) The administrative law judge shall conduct a hearing
concerning the refusal to the succession as provided in RCW
46.93.050(2), and all hearing costs must be borne as provided
in that subsection. A party to such a hearing aggrieved by the
final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
(10) This section does not preclude the owner of a dealer
franchise from designating any person as his or her successor
by a written, notarized, and witnessed instrument filed with
the manufacturer. In the event of a conflict between this section and such a written instrument that has not been revoked
by written notice from the owner to the manufacturer, the
written instrument governs. [2003 c 354 § 11.]
46.93.120
46.93.120 Relevant market area—New or relocated
dealerships, notice of. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer
within or into a relevant market area in which the same line
make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice
to the department and to each dealer of the same line make in
the relevant market area, of the manufacturer’s intention to
establish an additional dealer or to relocate an existing dealer
within or into the relevant market area. The notice must be
sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated
dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell
the same line make vehicles as the proposed dealer and who
have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed
establishment of an additional dealer or relocation of an
existing dealer. [2003 c 354 § 12.]
[Title 46 RCW—page 356]
46.93.130 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.93.120, or within thirty days
after the end of an appeal procedure provided by the manufacturer, whichever is greater, a dealer notified or entitled to
notice may file a petition with the department protesting the
proposed establishment or relocation. The petition must contain a short statement setting forth the reasons for the dealer’s
objection to the proposed establishment or relocation. Upon
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12
RCW to conduct a hearing. The manufacturer may not establish or relocate the dealer until the administrative law judge
has held a hearing and administrative proceeding under the
Administrative Procedure Act, chapter 34.05 RCW, and has
determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the
same dealer, the administrative law judge shall consolidate
the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement
or by written statement distributed and provided to its dealers
for arbitration under the Washington Arbitration Act, *chapter 7.04 RCW, as a mechanism for resolving disputes relating
to the establishment of an additional new motorsports vehicle
dealer or the relocation of a new motorsports vehicle dealer,
subsection (1) of this section and RCW 46.93.140 will take
precedence and the arbitration provision in the franchise
agreement or a written statement is void, unless the manufacturer and dealer agree to use arbitration.
(3) If the manufacturer and dealer agree to use arbitration, the dispute must be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute.
The thirty-day period for filing a protest under subsection (1)
of this section still applies except the protesting dealer shall
file the protest with the manufacturer. If the parties cannot
agree upon a single arbitrator within thirty days from the date
the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two
arbitrators will then select a third arbitrator. If a third arbitrator is not agreed upon within thirty days, any party may apply
to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and
the manufacturer will pay the arbitrator it selected. The
expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys’ fees
and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in this state in the
county where the protesting dealer has its principal place of
business. RCW 46.93.140 applies to a determination made
by the arbitrator or arbitrators in determining whether good
cause exists for permitting the proposed establishment or
relocation of a dealer, and the manufacturer has the burden of
proof to establish that good cause exists for permitting the
proposed establishment or relocation. After a hearing has
46.93.130
(2008 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
been held, the arbitrator or arbitrators shall render a decision
as expeditiously as possible, but in any event not later than
one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer may not
establish or relocate the new motorsports vehicle dealer until
the arbitration hearing has been held and the arbitrator or
arbitrators have determined that there is good cause for permitting the proposed establishment or relocation and any
judicial appeals under *chapter 7.04 RCW have been completed. The written decision of the arbitrator is binding upon
the parties unless modified, corrected, or vacated under the
Washington Arbitration Act. Any party may appeal the decision of the arbitrator or arbitrators under the Washington
Arbitration Act, *chapter 7.04 RCW. [2003 c 354 § 13.]
*Reviser’s note: Chapter 7.04 RCW was repealed in its entirety by
2005 c 433 § 50, effective January 1, 2006. Cf. chapter 7.04A RCW.
46.93.140 Factors considered by administrative law
judge. In determining whether good cause exists for permitting the proposed establishment or relocation of a dealer of
the same line make, the factors that the administrative law
judge shall consider must include, but are not limited to the
following:
(1) The extent, nature, and permanency of the investment
of both the existing dealers of the same line make in the relevant market area and the proposed additional or relocating
dealer, including obligations reasonably incurred by the
existing dealers to perform their obligations under their
respective franchises;
(2) The growth or decline in population and new motorsports vehicle registrations during the past five years in the
relevant market area;
(3) The effect on the consuming public;
(4) The effect on the existing dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class
preference, product popularity, retail lease transactions, or
other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional dealership to be established;
(7) Whether the dealers of the same line make in the relevant market area are providing adequate competition and
convenient customer care for the motorsports vehicles of the
same line make in the relevant market area, including the
adequacy of motorsports vehicle sales and service facilities,
equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional dealer
would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new dealer and not
by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
dealers of the same line make the opportunity for reasonable
growth, market expansion, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
46.93.140
(2008 Ed.)
46.93.170
(12) Whether the manufacturer has complied with the
requirements of RCW 46.93.120 and 46.93.130. [2003 c 354
§ 14.]
46.93.150 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2) and all hearing costs
will be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously
as possible, but in any event not later than one hundred
twenty days after a protest is filed. If more than one protest
is filed, the one hundred twenty days commences to run from
the date the last protest is filed. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.93.050(3).
[2003 c 354 § 15.]
46.93.150
46.93.160 Relocation requirements—Exceptions.
RCW 46.93.120 through 46.93.150 do not apply:
(1) To the sale or transfer of the ownership or assets of an
existing dealer where the transferee proposes to engage in
business representing the same line make at the same location
or within two miles of that location;
(2) To the relocation of an existing dealer within the
dealer’s relevant market area, if the relocation is not at a site
within eight miles of any dealer of the same line make;
(3) If the proposed dealer is to be established at or within
two miles of a location at which a former dealer of the same
line make had ceased operating within the previous twentyfour months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating dealer; or
(5) Where the proposed relocation is to be further away
from all other existing dealers of the same line make in the
relevant market area. [2003 c 354 § 16.]
46.93.160
46.93.170 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between dealers by selling or offering to
sell a like motorsports vehicle to one dealer at a lower actual
price than the actual price offered to another dealer for the
same model similarly equipped;
(b) Discriminate between dealers by selling or offering
to sell parts or accessories to one dealer at a lower actual price
than the actual price offered to another dealer;
(c) Discriminate between dealers by using a promotion
plan, marketing plan, or other similar device that results in a
lower actual price on vehicles, parts, or accessories being
charged to one dealer over another dealer;
(d) Discriminate between dealers by adopting a method,
or changing an existing method, for the allocation, scheduling, or delivery of new motorsports vehicles, parts, or acces46.93.170
[Title 46 RCW—page 357]
46.93.170
Title 46 RCW: Motor Vehicles
sories to its dealers that is not fair, reasonable, and equitable.
Upon the request of a dealer, a manufacturer shall disclose in
writing to the dealer the method by which new motorsports
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some dealers over others by refusing or failing to deliver, in reasonable quantities
and within a reasonable time after receipt of an order, to a
dealer holding a franchise for a line or make of motorsports
vehicles sold or distributed by the manufacturer, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories
are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or
unreasonably require a dealer to remodel or renovate existing
facilities as a prerequisite to receiving a model or series of
vehicles;
(f) Compete with a dealer by acting in the capacity of a
dealer, or by owning, operating, or controlling, whether
directly or indirectly, a dealership in this state. It is not, however, a violation of this subsection for:
(i) A manufacturer to own or operate a dealership for a
temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the
dealership was previously owned by a franchised dealer and
is currently for sale to any qualified independent person at a
fair and reasonable price. The temporary operation may be
extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05
RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the
extension and a good faith effort to sell the dealership to an
independent person at a fair and reasonable price;
(ii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity
of its dealer body and enhancing opportunities for qualified
persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person (A) has made a significant,
bona fide capital investment in the dealership that is subject
to loss; (B) has an ownership interest in the dealership; and
(C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or
factory representative under which he or she will acquire all
of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer has the burden of proof of establishing that the acquisition of the dealership by the independent
person was made within a reasonable period of time and
under reasonable terms and conditions;
(iii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship where the independent person (A) has made
a significant, bona fide capital investment in the dealership
that is subject to loss; (B) has an ownership interest in the
dealership; and (C) operates the dealership under a bona fide
[Title 46 RCW—page 358]
written agreement with the manufacturer under which he or
she will acquire all of the ownership interest in the dealership
within a reasonable period of time and under reasonable
terms and conditions. The manufacture [manufacturer] has
the burden of proof of establishing that the acquisition of the
dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the
nearest whole number of a manufacturer’s total of dealer
franchises in this state;
(iv) A manufacturer to own, operate, or control a dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the
total ownership interest in the dealership; (B) at the time the
manufacturer first acquires ownership or assumes operation
or control of any such dealership, the distance between any
dealership thus owned, operated, or controlled and the nearest dealership trading in the same line make of vehicle and in
which the manufacturer has no ownership or control complies with the applicable provisions in the relevant market
area sections of this chapter; (C) all of the manufacturer’s
franchise agreements confer rights on the dealer of that line
make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and
the manufacturer agree are appropriate; and (D) the manufacturer had no more than four new motorsports vehicle dealers
of that manufacturer’s line make in this state, and at least half
of those dealers owned and operated two or more dealership
facilities in the geographic territory or area covered by their
franchise agreements with the manufacturer;
(g) Compete with a dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in
this state for the repair or maintenance of motorsports vehicles under the manufacturer’s new motorsports vehicle warranty and extended warranty. Nothing in this subsection
(1)(g), however, prohibits a manufacturer from owning or
operating a service facility for the purpose of providing or
performing maintenance, repair, or service work on motorsports vehicles that are owned by the manufacturer;
(h) Use confidential or proprietary information obtained
from a dealer to unfairly compete with the dealer without the
prior written consent of the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information"
means trade secrets as defined in RCW 19.108.010, business
plans, marketing plans or strategies, customer lists, contracts,
sales data, revenues, or other financial information;
(i) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to accept, buy, or order any motorsports
vehicle, part, or accessory, or any other commodity or service
not voluntarily ordered, or requested, or to buy, order, or pay
anything of value for such items in order to obtain a motorsports vehicle, part, accessory, or other commodity that has
been voluntarily ordered or requested;
(j) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to enter into any agreement that violates this chapter;
(k) Require a change in capital structure or means of
financing for the dealership if the dealer at all times meets the
(2008 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
reasonable, written, and uniformly applied capital standards
determined by the manufacturer;
(l) Prevent or attempt to prevent a dealer from making
reasonable changes in the capital structure of a dealership or
the means by which the dealership is financed if the dealer
meets the reasonable, written, and uniformly applied capital
requirements determined by the manufacturer;
(m) Unreasonably require the dealer to change the location or require any substantial alterations to the place of business;
(n) Condition a renewal or extension of the franchise on
the dealer’s substantial renovation of the existing place of
business or on the construction, purchase, acquisition, or release of a new place of business unless written notice is first
provided one hundred eighty days before the date of renewal
or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall
agree to supply the dealer with an adequate quantity of
motorsports vehicles, parts, and accessories to meet the sales
level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of
business;
(o) Coerce, threaten, intimidate, or require, either
directly or indirectly, a dealer to order or accept delivery of a
motorsports vehicle with special features, accessories, or
equipment not included in the list price of the vehicle as
advertised by the manufacturer, except items that have been
voluntarily requested or ordered by the dealer, and except
items required by law;
(p) Fail to hold harmless and indemnify a dealer against
losses, including lawsuits and court costs, arising from: (i)
The manufacture or performance of a motorsports vehicle,
part, or accessory if the lawsuit involves representations by
the manufacturer on the manufacture or performance of a
motorsports vehicle without negligence on the part of the
dealer; (ii) damage to merchandise in transit where the manufacturer specifies the carrier; (iii) the manufacturer’s failure
to jointly defend product liability suits concerning the motorsports vehicle, part, or accessory provided to the dealer; or
(iv) any other act performed by the manufacturer;
(q) Unfairly prevent or attempt to prevent a dealer from
receiving reasonable compensation for the value of a motorsports vehicle;
(r) Fail to pay to a dealer, within a reasonable time after
receipt of a valid claim, a payment agreed to be made by the
manufacturer on grounds that a new motorsports vehicle, or a
prior year’s model, is in the dealer’s inventory at the time of
introduction of new model motorsports vehicles;
(s) Deny a dealer the right of free association with any
other dealer for any lawful purpose;
(t) Charge increased prices without having given written
notice to the dealer at least fifteen days before the effective
date of the price increases;
(u) Permit factory authorized warranty service to be performed upon motorsports vehicles or accessories by persons
other than their franchised dealers;
(v) Require or coerce a dealer to sell, assign, or transfer
a retail sales installment contract, or require the dealer to act
as an agent for a manufacturer, in the securing of a promissory note, a security agreement given in connection with the
sale of a motorsports vehicle, or securing of a policy of insur(2008 Ed.)
46.93.180
ance for a motorsports vehicle. The manufacturer may not
condition delivery of any motorsports vehicle, parts, or
accessories upon the dealer’s assignment, sale, or other transfer of sales installment contracts to specific finance companies;
(w) Require or coerce a dealer to grant a manufacturer a
right of first refusal or other preference to purchase the
dealer’s franchise or place of business, or both.
(2) Subsections (1)(a), (b), and (c) of this section do not
apply to sales to a dealer: (a) For resale to a federal, state, or
local government agency; (b) where the motorsports vehicles
will be sold or donated for use in a program of driver’s education; (c) where the sale is made under a manufacturer’s
bona fide promotional program offering sales incentives or
rebates; (d) where the sale of parts or accessories is under a
manufacturer’s bona fide quantity discount program; or (e)
where the sale is made under a manufacturer’s bona fide fleet
vehicle discount program. For purposes of this subsection,
"fleet" means a group of fifteen or more new motorsports
vehicles purchased or leased by a dealer at one time under a
single purchase or lease agreement for use as part of a fleet,
and where the dealer has been assigned a fleet identifier code
by the department.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, whether
paid to the dealer or the ultimate purchaser of the motorsports
vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Operate" means to manage a dealership, whether
directly or indirectly.
(d) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 354 § 17.]
46.93.180 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
may not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets the
normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a dealer or
is capable of being approved by the department as a dealer in
46.93.180
[Title 46 RCW—page 359]
46.93.190
Title 46 RCW: Motor Vehicles
this state. A manufacturer’s failure to respond in writing to a
request for consent under this subsection within sixty days
after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and
reasonable promises required by a manufacturer, is deemed
to be consent to the request. A manufacturer may request,
and, if so requested, the applicant for a franchise (a) shall
promptly provide such personal and financial information as
is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be
bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve
written notice on the applicant, the transferring, selling, or
exchanging dealer, and the department, of its refusal to
approve the transfer of the franchise no later than sixty days
after the date the manufacturer receives the written request
from the dealer. If the manufacturer has requested personal
or financial information from the applicant under subsection
(1) of this section, the notice must be served not later than
sixty days after the receipt of all of such documents. Service
of all notices under this section must be made by personal
service or by certified mail, return receipt requested.
(3) The notice in subsection (2) of this section must state
the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the franchise by the transferring dealer, the dealer may file a petition
with the department to protest the refusal to approve the sale,
transfer, or exchange. The petition must contain a short statement setting forth the reasons for the dealer’s protest. Upon
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed, and the department shall
arrange for a hearing with an administrative law judge as the
presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the
franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted reasonably. A manufacturer’s refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable,
and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is
capable of operating as a dealer in this state, is presumed to
be unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but in
any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging
dealer and the manufacturer may be parties to the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2), and all hearing costs
must be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging dealer
may appeal the final order of the administrative law judge to
the superior court or the appellate court as provided in the
[Title 46 RCW—page 360]
Administrative Procedure Act, chapter 34.05 RCW. [2003 c
354 § 18.]
46.93.190 Petition and hearing filing fees, costs, security. The department shall determine and establish the
amount of the filing fees required in RCW 46.93.040,
46.93.110, 46.93.130, and 46.93.180. The fees must be set in
accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department
deems proper but not to exceed one thousand dollars, for the
payment of such costs as may be incurred in conducting the
hearing as required under this chapter. The security may be
given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party any excess funds initially posted by the
party as security for the hearing costs. If the petitioning party
provided security in the form of a bond or other undertaking
with one or more sureties, the bond or other undertaking will
then be exonerated and the surety or sureties under it discharged. [2003 c 354 § 19.]
46.93.190
46.93.200 Department defining additional motorsports vehicles. The department shall determine through
rule making under the Administrative Procedure Act any
mo to rspo rts v eh ic les no t a lready d ef in ed in RCW
46.93.020(7) as of July 27, 2003, that are manufactured after
July 27, 2003. [2003 c 354 § 20.]
46.93.200
46.93.900 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected.
[2003 c 354 § 21.]
46.93.900
46.93.901 Captions not law. Captions used in this
chapter are not part of the law. [2003 c 354 § 22.]
46.93.901
Chapter 46.96
Chapter 46.96 RCW
MANUFACTURERS’ AND DEALERS’
FRANCHISE AGREEMENTS
Sections
46.96.010
46.96.020
46.96.030
46.96.040
46.96.050
46.96.060
46.96.070
46.96.080
46.96.090
46.96.100
46.96.105
46.96.110
46.96.140
46.96.150
Legislative findings.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment,
etc.
Payments by manufacturer for dealership facilities.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—Definition—New or relocated dealerships, notice of.
Protest of new or relocated dealership—Hearing—Arbitration.
(2008 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
46.96.160
46.96.170
46.96.180
46.96.185
46.96.190
46.96.200
46.96.210
46.96.220
46.96.230
46.96.240
46.96.900
Factors considered by administrative law judge.
Hearing—Procedures, costs, appeal.
Exceptions.
Unfair practices.
Prohibited practices by manufacturer.
Sale, transfer, or exchange of franchise.
Petition and hearing—Filing fee, costs, security.
Right of first refusal.
Manufacturer incentive programs.
Venue.
Severability—1989 c 415.
46.96.010 Legislative findings. The legislature finds
and declares that the distribution and sale of motor vehicles in
this state vitally affect the general economy of the state and
the public interest and public welfare, that provision for warranty service to motor vehicles is of substantial concern to the
people of this state, that the maintenance of fair competition
among dealers and others is in the public interest, and that the
maintenance of strong and sound dealerships is essential to
provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment
to the citizens of this state. The legislature further finds that
there is a substantial disparity in bargaining power between
automobile manufacturers and their dealers, and that in order
to promote the public interest and the public welfare, and in
the exercise of its police power, it is necessary to regulate the
relationship between motor vehicle dealers and motor vehicle
manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection
of dealers but also for the benefit for the public in assuring the
continued availability and servicing of automobiles sold to
the public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motor vehicles to conduct business with each other in a fair, efficient, and competitive manner. The legislature declares the public interest is best served
by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of
their business without undue constraints. It is the intent of the
legislature to impose a regulatory scheme and to regulate
competition in the motor vehicle industry to the extent necessary to balance fairness and efficiency. These actions will
permit motor vehicle dealers to better serve consumers and
allow dealers to devote their best competitive efforts and
resources to the sale and services of the manufacturer’s products to consumers. [1989 c 415 § 1.]
46.96.010
46.96.020 Definitions. In addition to the definitions
contained in RCW 46.70.011, which are incorporated by reference into this chapter, the definitions set forth in this section apply only for the purposes of this chapter.
(1) A "new motor vehicle" is a vehicle that has not been
titled by a state and ownership of which may be transferred
on a manufacturer’s statement of origin (MSO).
(2) "New motor vehicle dealer" means a motor vehicle
dealer engaged in the business of buying, selling, exchanging, or otherwise dealing in new motor vehicles or new and
used motor vehicles at an established place of business, under
a franchise, sales and service agreement, or contract with the
manufacturer of the new motor vehicles. However, the term
"new motor vehicle dealer" does not include a miscellaneous
46.96.020
(2008 Ed.)
46.96.030
vehicle dealer as defined in *RCW 46.70.011(3)(c) or a
motorcycle dealer as defined in **chapter 46.94 RCW.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motor
vehicle dealer, under which the new motor vehicle dealer is
authorized to sell, service, and repair new motor vehicles,
parts, and accessories under a common name, trade name,
trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motor vehicle dealer that
purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motor vehicles manufactured, distributed, or
imported by the manufacturer; (b) the dealer’s business is
associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer’s
business relies on the manufacturer for a continued supply of
motor vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, stepchild,
grandchild, parent, brother, or sister of the owner of a new
motor vehicle dealership who, in the case of the owner’s
death, is entitled to inherit the ownership interest in the new
motor vehicle dealership under the terms of the owner’s will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motor vehicle dealer who has been nominated by the
owner of a new motor vehicle dealership as the successor in a
written, notarized, and witnessed instrument submitted to the
manufacturer; or
(c) In the case of an incapacitated owner of a new motor
vehicle dealership, the person who has been appointed by a
court as the legal representative of the incapacitated owner’s
property.
(6) "Owner" means a person holding an ownership interest in the business entity operating as a new motor vehicle
dealer and who is the designated dealer in the new motor
vehicle franchise agreement.
(7) "Person" means every natural person, partnership,
corporation, association, trust, estate, or any other legal
entity. [2003 c 21 § 1; 1989 c 415 § 2.]
Reviser’s note: *(1) RCW 46.70.011 was amended by 2006 c 364 § 1,
changing subsection (3) to subsection (4).
**(2) Chapter 46.94 RCW was repealed by 2003 c 354 § 24. Cf. chapter 46.93 RCW.
Captions not law—2003 c 21: "Captions used in this act are not part of
the law." [2003 c 21 § 7.]
46.96.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with
a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an
administrative law judge has determined, if requested in writing by the new motor vehicle dealer within the applicable
46.96.030
[Title 46 RCW—page 361]
46.96.040
Title 46 RCW: Motor Vehicles
time period specified in RCW 46.96.070 (1), (2), or (3), after
hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith, as defined in this chapter,
regarding the termination, cancellation, or nonrenewal.
[1989 c 415 § 3.]
46.96.040
46.96.040 Determination of good cause, good faith—
Petition, notice, decision, appeal. A new motor vehicle
dealer who has received written notification from the manufacturer of the manufacturer’s intent to terminate, cancel, or
not renew the franchise may file a petition with the department for a determination as to the existence of good cause
and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer’s objection to the
termination, cancellation, or nonrenewal of the franchise.
Upon the filing of the petition and the receipt of the filing fee,
the department shall promptly notify the manufacturer that a
timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12
RCW to conduct a hearing. The franchise in question shall
continue in full force and effect pending the administrative
law judge’s decision. If the decision of the administrative law
judge terminating, canceling, or failing to renew a dealer’s
franchise is appealed by a dealer, the franchise in question
shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one
hundred eighty days from the date of issuance of the administrative law judge’s written decision, whichever is less.
Nothing in this section precludes a manufacturer or dealer
from petitioning the superior court for a stay or other relief
pending judicial review. [1989 c 415 § 4.]
46.96.050
46.96.050 Determination of good cause, good faith—
Hearing, decision, procedures—Judicial review. (1) The
administrative law judge shall conduct the hearing and render
a final decision as expeditiously as possible, but in any event
not later than one hundred eighty days after a petition is filed.
If the termination, cancellation, or nonrenewal is under RCW
46.96.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as
otherwise provided in RCW 34.05.446 and 34.05.449, all
hearing costs shall be borne on an equal basis by the parties
to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final
order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek
judicial review of the order in the superior court in the manner provided for in RCW 34.05.510 through 34.05.598. A
petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequi[Title 46 RCW—page 362]
site for seeking judicial review under this section. [1989 c
415 § 5.]
46.96.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.96.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal when there is a failure by
the new motor vehicle dealer to comply with a provision of
the franchise that is both reasonable and of material significance to the franchise relationship, if the new motor vehicle
dealer was notified of the failure within one hundred eighty
days after the manufacturer first acquired knowledge of the
failure and the new motor vehicle dealer did not correct the
failure after being requested to do so.
If, however, the failure of the new motor vehicle dealer
relates to the performance of the new motor vehicle dealer in
sales, service, or level of customer satisfaction, good cause is
the failure of the new motor vehicle dealer to comply with
reasonable performance standards determined by the manufacturer in accordance with uniformly applied criteria, and:
(a) The new motor vehicle dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the new motor vehicle
dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together
with a suggested timetable or program for attaining those
goals or standards, and the new motor vehicle dealer was
given a reasonable opportunity, for a period not less than one
hundred eighty days, to comply with the goals or standards;
and
(d) The new motor vehicle dealer did not substantially
comply with the manufacturer’s performance standards during that period and the failure to demonstrate substantial
compliance was not due to market or economic factors within
the new motor vehicle dealer’s relevant market area that were
beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[1989 c 415 § 6.]
46.96.060
46.96.070 Notice of termination, cancellation, or nonrenewal. Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle
dealer. The notice shall be by certified mail or personally
delivered to the new motor vehicle dealer and shall state the
intention to terminate, cancel, or not renew the franchise, the
reasons for the termination, cancellation, or nonrenewal, and
the effective date of the termination, cancellation, or nonrenewal. The notice shall be given:
(1) Not less than ninety days before the effective date of
the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to
any of the following that constitute good cause for termination, cancellation, or nonrenewal:
46.96.070
(2008 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
(a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer
under bankruptcy or receivership law;
(b) Failure of the new motor vehicle dealer to conduct
sales and service operations during customary business hours
for seven consecutive business days, except for acts of God
or circumstances beyond the direct control of the new motor
vehicle dealer;
(c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by
imprisonment; or
(d) Suspension or revocation of a license that the new
motor vehicle dealer is required to have to operate the new
motor vehicle dealership where the suspension or revocation
is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line. [1989 c 415 § 7.]
46.96.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination, cancellation, or nonrenewal of a franchise by the manufacturer
under this chapter, the manufacturer shall pay the new motor
vehicle dealer, at a minimum:
(a) Dealer cost plus any charges by the manufacturer for
distribution, delivery, and taxes, less all allowances paid or
credited to the dealer by the manufacturer, of unused, undamaged, and unsold new motor vehicles in the new motor vehicle dealer’s inventory that were acquired from the manufacturer or another new motor vehicle dealer of the same line
make within the previous twelve months;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another
new motor vehicle dealer ceasing operations as a part of the
new motor vehicle dealer’s initial inventory as long as the
supplies, parts, and accessories appear in the manufacturer’s
current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned
by the new motor vehicle dealer that bears a common name,
trade name, or trademark of the manufacturer, if acquisition
of the sign was recommended or required by the manufacturer and the sign is in good and usable condition less reasonable wear and tear, and has not been depreciated by the dealer
more than fifty percent of the value of the sign;
(e) The fair market value of all equipment, furnishings,
and special tools owned or leased by the new motor vehicle
dealer that were acquired from the manufacturer or sources
approved by the manufacturer and that were recommended or
required by the manufacturer and are in good and usable condition, less reasonable wear and tear. However, if the equipment, furnishings, or tools are leased by the new motor vehicle dealer, the manufacturer shall pay the new motor vehicle
dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement; and
46.96.080
(2008 Ed.)
46.96.105
(f) The cost of transporting, handling, packing, and loading of new motor vehicles, supplies, parts, accessories, signs,
special tools, equipment, and furnishings.
To the extent the franchise agreement provides for payment or reimbursement to the new motor vehicle dealer in
excess of that specified in this section, the provisions of the
franchise agreement shall control.
(2) The manufacturer shall pay the new motor vehicle
dealer the sums specified in subsection (1) of this section
within ninety days after the tender of the property, if the new
motor vehicle dealer has clear title to the property and is in a
position to convey that title to the manufacturer. [1989 c 415
§ 8.]
46.96.090 Payments by manufacturer for dealership
facilities. (1) In the event of a termination, cancellation, or
nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2), the manufacturer shall, at the request and option of the new motor
vehicle dealer, also pay to the new motor vehicle dealer:
(a) A sum equivalent to rent for the unexpired term of the
lease or one year, whichever is less, or such longer term as
provided in the franchise, if the new motor vehicle dealer is
leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of the
new motor vehicle dealership facilities for one year or until
the facilities are leased or sold, whichever is less, if the new
motor vehicle dealer owns the new motor vehicle dealership
facilities.
(2) The rental payment required under subsection (1) of
this section is only required to the extent that the facilities
were used for activities under the franchise and only to the
extent the facilities were not leased for unrelated purposes. If
payment under subsection (1) of this section is made, the
manufacturer is entitled to possession and use of the new
motor vehicle dealership facilities for the period rent is paid.
[1989 c 415 § 9.]
46.96.090
46.96.100 Mitigation of damages. RCW 46.96.030
through 46.96.090 do not relieve a new motor vehicle dealer
from the obligation to mitigate the dealer’s damages upon
termination, cancellation, or nonrenewal of the franchise.
[1989 c 415 § 10.]
46.96.100
46.96.105 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer’s obligation to perform warranty work or service
on the manufacturer’s products. Each manufacturer shall
provide each of its dealers with a schedule of compensation
to be paid to the dealer for any warranty work or service,
including parts, labor, and diagnostic work, required of the
dealer by the manufacturer in connection with the manufacturer’s products.
(2) All claims for warranty work for parts and labor
made by dealers under this section shall be submitted to the
manufacturer within one year of the date the work was performed. All claims submitted must be paid by the manufacturer within thirty days following receipt, provided the claim
46.96.105
[Title 46 RCW—page 363]
46.96.110
Title 46 RCW: Motor Vehicles
has been approved by the manufacturer. The manufacturer
has the right to audit claims for warranty work and to charge
the dealer for any unsubstantiated, incorrect, or false claims
for a period of one year following payment. However, the
manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud
may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer shall be either
approved or disapproved within thirty days following their
receipt. The manufacturer shall notify the dealer in writing of
any disapproved claim, and shall set forth the reasons why
the claim was not approved. Any claim not specifically disapproved in writing within thirty days following receipt is
approved, and the manufacturer is required to pay that claim
within thirty days of receipt of the claim. [2003 c 21 § 2;
1998 c 298 § 1.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
Severability—1998 c 298: See note following RCW 19.118.021.
46.96.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the ownership of the new motor vehicle dealer franchise upon the
owner’s death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a
new motor vehicle dealer franchise may succeed to the ownership interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
d e f i n it i o n o f a d e s i g n a t e d s u c c e s s o r u n d e r R C W
46.96.020(5)(a), but who is not experienced in the business of
a new motor vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a
new motor vehicle dealer to help manage the day-to-day
operations of the motor vehicle dealership; or in the case of a
designated successor who meets the definition of a designated successor under RCW 46.96.020(5) (b) or (c), the person is qualified and experienced in the business of a new
motor vehicle dealer and meets the normal, reasonable, and
uniformly applied standards for grant of an application as a
new motor vehicle dealer by the manufacturer; and
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the new motor vehicle dealership within sixty
days after the owner’s death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a new motor vehicle dealer franchise by a
designated successor if the manufacturer establishes that
good cause exists for its refusal to honor the succession. If the
designated successor of a deceased or incapacitated owner of
a new motor vehicle dealer franchise fails to meet the requirements set forth in subsections (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is pre46.96.110
[Title 46 RCW—page 364]
sumed to exist. If a manufacturer believes that good cause
exists for refusing to honor the succession to the ownership of
a new motor vehicle dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor
the succession no earlier than sixty days from the date the
notice is served. The notice must be served not later than
sixty days after the manufacturer’s receipt of:
(a) Notice of the designated successor’s intent to succeed
to the ownership interest of the new motor vehicle dealer’s
franchise; or
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section shall state
the specific grounds for the refusal to honor the succession. If
the notice of refusal is not timely and properly served, the
designated successor may continue the franchise in full force
and effect, subject to termination only as otherwise provided
under this chapter.
(6) Within twenty days after receipt of the notice or
within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition shall
contain a short statement setting forth the reasons for the designated successor’s protest. Upon the filing of a protest and
the receipt of the filing fee, the department shall promptly
notify the manufacturer that a timely protest has been filed
and shall request the appointment of an administrative law
judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer shall not terminate or otherwise discontinue the
existing franchise until the administrative law judge has held
a hearing and has determined that there is good cause for
refusing to honor the succession. If an appeal is taken, the
manufacturer shall not terminate or discontinue the franchise
until the appeal to superior court is finally determined or until
the expiration of one hundred eighty days from the date of
issuance of the administrative law judge’s written decision,
whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a
stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible,
but in any event not later than one hundred eighty days after
a protest is filed.
(9) The administrative law judge shall conduct any hearing concerning the refusal to the succession as provided in
RCW 46.96.050(2) and all hearing costs shall be borne as
provided in that subsection. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.96.050(3).
(10) This section does not preclude the owner of a new
motor vehicle dealer franchise from designating any person
as his or her successor by a written, notarized, and witnessed
instrument filed with the manufacturer. In the event of a conflict between such a written instrument that has not been
revoked by written notice from the owner to the manufacturer
and this section, the written instrument governs. [1989 c 415
§ 11.]
(2008 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
46.96.140 Relevant market area—Definition—New
or relocated dealerships, notice of. (1) For the purposes of
this section, and throughout this chapter, the term "relevant
market area" is defined as follows:
(a) If the population in the county in which the proposed
new or relocated dealership is to be located is four hundred
thousand or more, the relevant market area is the geographic
area within a radius of eight miles around the proposed site;
(b) If the population in the county in which the proposed
new or relocated dealership is to be located is two hundred
thousand or more and less than four hundred thousand, the
relevant market area is the geographic area within a radius of
twelve miles around the proposed site;
(c) If the population in the county in which the proposed
new or relocated dealership is to be located is less than two
hundred thousand, the relevant market area is the geographic
area within a radius of sixteen miles around the proposed site.
In determining population for this definition, the most recent
census by the United States Bureau of Census or the most
recent population update, either from the National Planning
Data Corporation or other similar recognized source, shall be
accumulated for all census tracts either wholly or partially
within the relevant market area.
(2) For the purpose of RCW 46.96.140 through
46.96.180, the term "motor vehicle dealer" does not include
dealerships who exclusively market vehicles 19,000 pounds
gross vehicle weight and above.
(3) Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends
or proposes to enter into a franchise to establish an additional
new motor vehicle dealer or to relocate an existing new motor
vehicle dealer within or into a relevant market area in which
the same line make of motor vehicle is then represented, the
manufacturer shall provide at least sixty days advance written
notice to the department and to each new motor vehicle
dealer of the same line make in the relevant market area, of
the manufacturer’s intention to establish an additional new
motor vehicle dealer or to relocate an existing new motor
vehicle dealer within or into the relevant market area. The
notice shall be sent by certified mail to each such party and
shall include the following information:
(a) The specific location at which the additional or relocated motor vehicle dealer will be established;
(b) The date on or after which the additional or relocated
motor vehicle dealer intends to commence business at the
proposed location;
(c) The identity of all motor vehicle dealers who are
franchised to sell the same line make vehicles as the proposed
dealer and who have licensed locations within the relevant
market area;
(d) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or relocated motor vehicle dealership; and
(e) The specific grounds or reasons for the proposed
establishment of an additional motor vehicle dealer or relocation of an existing dealer. [1994 c 274 § 1.]
46.96.140
46.96.150 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.96.140, or within thirty days
after the end of an appeal procedure provided by the manu46.96.150
(2008 Ed.)
46.96.150
facturer, whichever is greater, a new motor vehicle dealer so
notified or entitled to notice may file a petition with the
department protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth
the reasons for the dealer’s objection to the proposed establishment or relocation. Upon the filing of a protest and the
receipt of the filing fee, the department shall promptly notify
the manufacturer that a timely protest has been filed and shall
request the appointment of an administrative law judge under
chapter 34.12 RCW to conduct a hearing. The manufacturer
shall not establish or relocate the new motor vehicle dealer
until the administrative law judge has held a hearing and has
determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the
same dealer, the administrative law judge shall consolidate
the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement
or by written statement distributed and provided to its dealers
for arbitration under the Uniform Arbitration Act, chapter
7.04A RCW, as a mechanism for resolving disputes relating
to the establishment of an additional new motor vehicle
dealer or the relocation of a new motor vehicle dealer, then
the provisions of this section and RCW 46.96.170 relating to
hearings by an administrative law judge do not apply, and a
dispute regarding the establishment of an additional new
motor vehicle dealer or the relocation of an existing new
motor vehicle dealer shall be determined in an arbitration
proceeding conducted in accordance with the Uniform Arbitration Act, chapter 7.04A RCW. The thirty-day period for
filing a protest under this section still applies except that the
protesting dealer shall file his protest with the manufacturer
within thirty days after receipt of the notice under RCW
46.96.140.
(3) The dispute shall be referred for arbitration to such
arbitrator as may be agreed upon by the parties to the dispute.
If the parties cannot agree upon a single arbitrator within
thirty days from the date the protest is filed, the protesting
dealer will select an arbitrator, the manufacturer will select an
arbitrator, and the two arbitrators will then select a third. If a
third arbitrator is not agreed upon within thirty days, any
party may apply to the superior court, and the judge of the
superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected
by him, and the manufacturer will pay the arbitrator it
selected. The expense of the third arbitrator and all other
expenses of arbitration will be shared equally by the parties.
Attorneys’ fees and fees paid to expert witnesses are not
expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in the state of
Washington in the county where the protesting dealer has his
principal place of business. RCW 46.96.160 applies to a
determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle
dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the
[Title 46 RCW—page 365]
46.96.160
Title 46 RCW: Motor Vehicles
arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are
selected or appointed. The manufacturer shall not establish
or relocate the new motor vehicle dealer until the arbitration
hearing has been held and the arbitrator or arbitrators have
determined that there is good cause for permitting the proposed establishment or relocation. The written decision of
the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act.
Any party may appeal the decision of the arbitrator under the
Uniform Arbitration Act, chapter 7.04A RCW.
(5) If the franchise agreement or the manufacturer’s written statement distributed and provided to its dealers does not
provide for arbitration under the Uniform Arbitration Act as
a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the hearing provisions of this section and RCW 46.96.170 apply. Nothing in
this section is intended to preclude a new motor vehicle
dealer from electing to use any other dispute resolution
mechanism offered by a manufacturer. [2005 c 433 § 43;
1994 c 274 § 2.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
46.96.160 Factors considered by administrative law
judge. In determining whether good cause exists for permitting the proposed establishment or relocation of a new motor
vehicle dealer of the same line make, the administrative law
judge shall take into consideration the existing circumstances, including, but not limited to:
(1) The extent, nature, and permanency of the investment
of both the existing motor vehicle dealers of the same line
make in the relevant market area and the proposed additional
or relocating new motor vehicle dealer, including obligations
reasonably incurred by the existing dealers to perform their
obligations under their respective franchises;
(2) The growth or decline in population and new motor
vehicle registrations during the past five years in the relevant
market area;
(3) The effect on the consuming public in the relevant
market area;
(4) The effect on the existing new motor vehicle dealers
in the relevant market area, including any adverse financial
impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class
preference, product popularity, retail lease transactions, or
other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional new motor vehicle dealer to be established;
(7) Whether the new motor vehicle dealers of the same
line make in the relevant market area are providing adequate
competition and convenient customer care for the motor
vehicles of the same line make in the relevant market area,
including the adequacy of motor vehicle sales and service
facilities, equipment, supply of vehicle parts, and qualified
service personnel;
(8) Whether the establishment of an additional new
motor vehicle dealer would increase competition and be in
the public interest;
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new motor vehicle
dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
new motor vehicle dealers of the same line make the opportunity for reasonable growth, market expansion, establishment
of a subagency, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the
requirements of RCW 46.96.140 and 46.96.150.
In considering the factors set forth in this section, the
administrative law judge shall give the factors equal weight,
and in making a determination as to whether good cause
exists for permitting the proposed establishment or relocation
of a new motor vehicle dealer of the same line make, the
administrative law judge must find that at least nine of the
factors set forth in this section weigh in favor of the manufacturer and in favor of the proposed establishment or relocation
of a new motor vehicle dealer. [1994 c 274 § 3.]
46.96.160
[Title 46 RCW—page 366]
46.96.170 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs
shall be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously
as possible, but in any event not later than one hundred
twenty days after a protest is filed. If more than one protest is
filed, the one hundred twenty days commences to run from
the date the last protest is filed. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.96.050(3).
[1994 c 274 § 4.]
46.96.170
46.96.180 Exceptions. RCW 46.96.140 through
46.96.170 do not apply:
(1) To the sale or transfer of the ownership or assets of an
existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make
at the same location or within two miles of that location;
(2) To the relocation of an existing new motor vehicle
dealer within the dealer’s relevant market area, if the relocation is not at a site within eight miles of any new motor vehicle dealer of the same line make;
(3) If the proposed new motor vehicle dealer is to be
established at or within two miles of a location at which a
former new motor vehicle dealer of the same line make had
ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating new motor vehicle dealer; or
46.96.180
(2008 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
(5) Where the proposed relocation is to be further away
from all other existing new motor vehicle dealers of the same
line make in the relevant market area. [1994 c 274 § 5.]
46.96.185 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between new motor vehicle dealers by
selling or offering to sell a like vehicle to one dealer at a
lower actual price than the actual price offered to another
dealer for the same model similarly equipped;
(b) Discriminate between new motor vehicle dealers by
selling or offering to sell parts or accessories to one dealer at
a lower actual price than the actual price offered to another
dealer;
(c) Discriminate between new motor vehicle dealers by
using a promotion plan, marketing plan, or other similar
device that results in a lower actual price on vehicles, parts,
or accessories being charged to one dealer over another
dealer;
(d) Discriminate between new motor vehicle dealers by
adopting a method, or changing an existing method, for the
allocation, scheduling, or delivery of new motor vehicles,
parts, or accessories to its dealers that is not fair, reasonable,
and equitable. Upon the request of a dealer, a manufacturer,
distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt
of an order, to a dealer holding a franchise for a line or make
of motor vehicles sold or distributed by the manufacturer,
distributor, factory branch, or factory representative, a new
vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to
purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate
existing facilities as a prerequisite to receiving a model or
series of vehicles;
(f) Compete with a new motor vehicle dealer by acting in
the capacity of a new motor vehicle dealer, or by owning,
operating, or controlling, whether directly or indirectly, a
motor vehicle dealership in this state. It is not, however, a
violation of this subsection for:
(i) A manufacturer, distributor, factory branch, or factory
representative to own or operate a dealership for a temporary
period, not to exceed two years, during the transition from
one owner of the dealership to another where the dealership
was previously owned by a franchised dealer and is currently
for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for
one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who
46.96.185
(2008 Ed.)
46.96.185
is a franchisee of the petitioning manufacturer or distributor
may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of
proof to show justification for the extension and a good faith
effort to sell the dealership to an independent person at a fair
and reasonable price;
(ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its
dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person: (A) Has made, or within
a period of two years from the date of commencement of
operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. Nothing in this subsection (1)(f)(ii) relieves a
manufacturer, distributor, factory branch, or factory representative from complying with RCW 46.96.185(1) (a)
through (e);
(iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made, or
within a period of two years from the date of commencement
of operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. The number of dealerships operated under this
subsection (1)(f)(iii) may not exceed four percent rounded up
to the nearest whole number of a manufacturer’s total of new
motor vehicle dealer franchises in this state. Nothing in this
subsection (1)(f)(iii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with
RCW 46.96.185(1) (a) through (e);
(iv) A truck manufacturer to own, operate, or control a
new motor vehicle dealership that sells only trucks of that
manufacturer’s line make with a gross vehicle weight rating
of 12,500 pounds or more, and the truck manufacturer has
[Title 46 RCW—page 367]
46.96.185
Title 46 RCW: Motor Vehicles
been continuously engaged in the retail sale of the trucks at
least since January 1, 1993; or
(v) A manufacturer to own, operate, or control a new
motor vehicle dealership trading exclusively in a single line
make of the manufacturer if (A) the manufacturer does not
own, directly or indirectly, in the aggregate, in excess of
forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership,
the distance between any dealership thus owned, operated, or
controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen
miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer’s franchise agreements confer rights on the dealer
of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the
dealer and the manufacturer agree are appropriate, and (D) as
of January 1, 2000, the manufacturer had no more than four
new motor vehicle dealers of that manufacturer’s line make
in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the
manufacturer;
(g) Compete with a new motor vehicle dealer by owning,
operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of
motor vehicles under the manufacturer’s new car warranty
and extended warranty. Nothing in this subsection (1)(g),
however, prohibits a manufacturer, distributor, factory
branch, or factory representative from owning or operating a
service facility for the purpose of providing or performing
maintenance, repair, or service work on motor vehicles that
are owned by the manufacturer, distributor, factory branch, or
factory representative;
(h) Use confidential or proprietary information obtained
from a new motor vehicle dealer to unfairly compete with the
dealer. For purposes of this subsection (1)(h), "confidential
or proprietary information" means trade secrets as defined in
RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other
financial information;
(i) Terminate, cancel, or fail to renew a franchise with a
new motor vehicle dealer based upon any of the following
events, which do not constitute good cause for termination,
cancellation, or nonrenewal under RCW 46.96.060: (A) The
fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or
line of new motor vehicles, or (B) the fact that the new motor
vehicle dealer has established another make or line of new
motor vehicles or service in the same dealership facilities as
those of the manufacturer or distributor with the prior written
approval of the manufacturer or distributor, if the approval
was required under the terms of the new motor vehicle
dealer’s franchise agreement; or
(j) Coerce or attempt to coerce a motor vehicle dealer to
refrain from, or prohibit or attempt to prohibit a new motor
vehicle dealer from acquiring, owning, having an investment
in, participating in the management of, or holding a franchise
[Title 46 RCW—page 368]
agreement for the sale or service of another make or line of
new motor vehicles or related products, or establishing
another make or line of new motor vehicles or service in the
same dealership facilities, if the prohibition against acquiring, owning, investing, managing, or holding a franchise for
such additional make or line of vehicles or products, or establishing another make or line of new motor vehicles or service
in the same dealership facilities, is not supported by reasonable business considerations. The burden of proving that reasonable business considerations support or justify the prohibition against the additional make or line of new motor vehicles or products or nonexclusive facilities is on the
manufacturer.
(2) Subsection (1)(a), (b), and (c) of this section do not
apply to sales to a motor vehicle dealer: (a) For resale to a
federal, state, or local government agency; (b) where the
vehicles will be sold or donated for use in a program of
driver’s education; (c) where the sale is made under a manufacturer’s bona fide promotional program offering sales
incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer’s bona fide quantity discount
program; or (e) where the sale is made under a manufacturer’s bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of fifteen or
more new motor vehicles purchased or leased by a dealer at
one time under a single purchase or lease agreement for use
as part of a fleet, and where the dealer has been assigned a
fleet identifier code by the department of licensing.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to
the dealer or the ultimate purchaser of the vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Motor vehicles" does not include trucks that are
14,001 pounds gross vehicle weight and above or recreational
vehicles as defined in RCW 43.22.335.
(d) "Operate" means to manage a dealership, whether
directly or indirectly.
(e) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 21 § 3; 2000 c 203 § 1.]
(2008 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.190 Prohibited practices by manufacturer. A
manufacturer shall not coerce, threaten, intimidate, or require
a new motor vehicle dealer, as a condition to granting or
renewing a franchise, to waive, limit, or disclaim a right that
the dealer may have to protest the establishment or relocation
of another motor vehicle dealer in the relevant market area as
provided in RCW 46.96.150. [1994 c 274 § 6.]
46.96.190
46.96.200 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
shall not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets the
normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new
dealer or is capable of being licensed as a new motor vehicle
dealer in the state of Washington. A decision or determination made by the administrative law judge as to whether a
qualified buyer is capable of being licensed as a new motor
vehicle dealer in the state of Washington is not conclusive or
determinative of any ultimate determination made by the
department of licensing as to the buyer’s qualification for a
motor vehicle dealer license. A manufacturer’s failure to
respond in writing to a request for consent under this subsection within sixty days after receipt of a written request on the
forms, if any, generally used by the manufacturer containing
the information and reasonable promises required by a manufacturer is deemed to be consent to the request. A manufacturer may request, and, if so requested, the applicant for a
franchise (a) shall promptly provide such personal and financial information as is reasonably necessary to determine
whether the sale, transfer, or exchange should be approved,
and (b) shall agree to be bound by all reasonable terms and
conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve
written notice on the applicant, the transferring, selling, or
exchanging new motor vehicle dealer, and the department of
its refusal to approve the transfer of the franchise no later
than sixty days after the date the manufacturer receives the
written request from the new motor vehicle dealer. If the
manufacturer has requested personal or financial information
from the applicant under subsection (1) of this section, the
notice shall be served not later than sixty days after the
receipt of all of such documents. Service of all notices under
this section shall be made by personal service or by certified
mail, return receipt requested.
(3) The notice in subsection (2) of this section shall state
the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the franchise by the transferring new motor vehicle dealer, the new
motor vehicle dealer may file a petition with the department
to protest the refusal to approve the sale, transfer, or
exchange. The petition shall contain a short statement setting
forth the reasons for the dealer’s protest. Upon the filing of a
protest and the receipt of the filing fee, the department shall
promptly notify the manufacturer that a timely protest has
been filed, and the department shall arrange for a hearing
46.96.200
(2008 Ed.)
46.96.210
with an administrative law judge as the presiding officer to
determine if the manufacturer unreasonably withheld consent
to the sale, transfer, or exchange of the franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted reasonably. A manufacturer’s refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable,
and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is
capable of being licensed as a new motor vehicle dealer in the
state of Washington, is presumed to be unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but in
any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging new
motor vehicle dealer and the manufacturer may be parties to
the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs
shall be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging new
motor vehicle dealer may appeal the final order of the administrative law judge as provided in RCW 46.96.050(3).
(8) This section and RCW 46.96.030 through 46.96.110
apply to all franchises and contracts existing on July 23,
1989, between manufacturers and new motor vehicle dealers
as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.
(9) RCW 46.96.140 through 46.96.190 apply to all franchises and contracts existing on October 1, 1994, between
manufacturers and new motor vehicle dealers as well as to all
future franchises and contracts between manufacturers and
new motor vehicle dealers. [1994 c 274 § 7; 1989 c 415 § 18.
Formerly RCW 46.96.120.]
46.96.210
46.96.210 Petition and hearing—Filing fee, costs,
security. The department shall determine and establish the
amount of the filing fee required in RCW 46.96.040,
46.96.110, 46.96.150, and 46.96.200. The fees shall be set in
accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department
deems proper but not in any event to exceed one thousand
dollars, for the payment of such costs as may be incurred in
conducting the hearing as required under this chapter. The
security may be given in the form of a bond or stipulation or
other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party such excess funds, if any, initially posted by
the party as security for the hearing costs. If the petitioning
party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking shall then be exonerated and the surety or sureties under
it discharged. [1994 c 274 § 8; 1989 c 415 § 19. Formerly
RCW 46.96.130.]
[Title 46 RCW—page 369]
46.96.220
Title 46 RCW: Motor Vehicles
46.96.220 Right of first refusal. (1) In the event of a
proposed sale or transfer of a new motor vehicle dealership
involving the transfer or sale of more than fifty percent of the
ownership interest in, or more than fifty percent of the assets
of, the dealership at the time of the transfer or sale, where the
franchise agreement for the dealership contains a right of first
refusal in favor of the manufacturer or distributor, then notwithstanding the terms of the franchise agreement, the manufacturer or distributor must be permitted to exercise a right of
first refusal to acquire the dealership only if all of the following requirements are met:
(a) The manufacturer or distributor sends by certified
mail, return receipt requested, or delivers by personal service,
notice of its intent to exercise its right of first refusal within
the lesser of (i) forty-five days of receipt of the completed
proposal for the proposed sale or transfer, or (ii) the time
period specified in the dealership’s franchise agreement; and
(b) The exercise of the right of first refusal will result in
the motor vehicle dealer receiving consideration, terms, and
conditions that are equal to or better than that for which the
dealer has contracted in connection with the proposed transaction.
(2) Notwithstanding subsection (1) of this section, the
manufacturer’s or distributor’s right of first refusal does not
apply to transfer of a dealership under RCW 46.96.110, and
does not apply to a proposed transaction involving any of the
following purchasers or transferees:
(a) A purchaser or transferee who has been preapproved
by the manufacturer or distributor with respect to the transaction;
(b) A family member or members, including the spouse,
biological or adopted child, stepchild, grandchild, spouse of a
child or grandchild, brother, sister, or parent of the dealeroperator, or one or more of the dealership’s owners;
(c) A manager continuously employed by the motor
vehicle dealer in the dealership during the previous three
years who is otherwise qualified as a dealer-operator by
meeting the reasonable and uniformly applied standards for
approval of an application as a new motor vehicle dealeroperator by the manufacturer;
(d) A partnership, corporation, limited liability company, or other entity controlled by any of the family members, identified in (b) of this subsection, of the dealer-operator; or
(e) A trust established or to be established for the purpose of allowing the new motor vehicle dealer to continue to
qualify as such under the manufacturer’s or distributor’s standards, or provides for the succession of the franchise agreement to designated family members identified in (b) of this
subsection, or qualified management identified in (c) of this
subsection, in the event of the death or incapacity of the
dealer-operator or its principal owner or owners.
(3) As a condition to the manufacturer or distributor
exercising its right of first refusal, the manufacturer or distributor shall pay the reasonable expenses, including attorneys’ fees, incurred by the dealer’s proposed purchaser or
transferee in negotiating, and undertaking any action to consummate, the contract for the proposed sale of the dealership
up to the time of the manufacturer’s or distributor’s exercise
of that right. In addition, the manufacturer or distributor shall
pay any fees and expenses of the motor vehicle dealer arising
46.96.220
[Title 46 RCW—page 370]
on and after the date the manufacturer or distributor gives
notice of the exercise of its right of first refusal, and incurred
by the motor vehicle dealer as a result of alterations to documents, or additional appraisals, valuations, or financial analyses caused or required of the dealer by the manufacturer or
distributor to consummate the contract for the sale of the
dealership to the manufacturer’s or distributor’s proposed
transferee, that would not have been incurred but for the manufacturer’s or distributor’s exercise of its right of first refusal.
These expenses and fees must be paid by the manufacturer or
distributor to the dealer and to the dealer’s proposed purchaser or transferee on or before the closing date of the sale
of the dealership to the manufacturer or distributor if the
party entitled to reimbursement has submitted or caused to be
submitted to the manufacturer or distributor, an accounting of
these expenses and fees within thirty days after receipt of the
manufacturer’s or distributor’s written request for the
accounting. A manufacturer or distributor may request the
accounting before exercising its right of first refusal.
(4) As a further condition to the exercise of its right of
first refusal, a manufacturer or distributor shall assume and
guarantee the lease or shall acquire the real property on which
the motor vehicle franchise is conducted. Unless otherwise
agreed to by the dealer and manufacturer or distributor, the
lease terms or the real property acquisition terms must be the
same as those on which the lease or property was to be transferred or sold to the dealer’s proposed purchaser or transferee.
(5) If the selling dealer has disclosed to the proposed
purchaser or transferee, in writing, the existence of the manufacturer’s or distributor’s right of first refusal, then the selling dealer has no liability to the proposed purchaser or transferee for a claim for damages resulting from the manufacturer
or distributor exercising its right of first refusal. If the existence of the manufacturer’s or distributor’s right of first
refusal was disclosed by the selling dealer to the proposed
purchaser or transferee, in writing, before or at the time of
execution of the purchase and sale or transfer agreement, the
manufacturer or distributor shall indemnify, hold harmless,
and defend the selling dealer from and against any and all
claims, damages, losses, actions, or causes of action asserted
by the dealer’s proposed purchaser or transferee against the
selling dealer arising from the manufacturer’s or distributor’s
exercise of its right of first refusal, and has the right, under
this section, to file a motion on behalf of the dealer to dismiss
the actions or causes of action asserted by the dealer’s proposed purchaser or transferee. [2003 c 21 § 4.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.230
46.96.230 Manufacturer incentive programs. (1) A
manufacturer or distributor shall pay a motor vehicle dealer’s
claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval
of the claim. A claim that is not disapproved or disallowed
within thirty days after the manufacturer or distributor
receives the claim is deemed automatically approved. If the
motor vehicle dealer’s claim is not approved, the manufacturer or distributor shall provide the dealer with written
notice of the reasons for the disapproval at the time notice of
disapproval is given.
(2008 Ed.)
Construction
(2) A manufacturer may not deny a claim based solely on
a motor vehicle dealer’s incidental failure to comply with a
specific claim-processing requirement that results in a clerical error or other administrative technicality.
(3) Notwithstanding the terms of a franchise agreement
or other contract with a manufacturer or distributor, a motor
vehicle dealer has one year after the expiration of a manufacturer or distributor incentive program to submit a claim for
payment or compensation under the program.
(4) Notwithstanding the terms of a franchise agreement
or other contract with a dealer and except as provided in subsection (5) of this section, after the expiration of one year
after the date of payment of a claim under a manufacturer or
distributor incentive program, a manufacturer or distributor
may not:
(a) Charge back to a motor vehicle dealer, whether
directly or indirectly, the amount of a claim that has been
approved and paid by the manufacturer or distributor under
an incentive program;
(b) Charge back to a motor vehicle dealer, whether
directly or indirectly, the cash value of a prize or other thing
of value awarded to the dealer under an incentive program; or
(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program.
Where, however, a manufacturer or distributor has reasonable grounds to believe that the dealer committed fraud with
respect to the incentive program, the manufacturer or distributor may audit the dealer for a fraudulent claim during any
period for which an action for fraud may be commenced
under applicable state law.
(5) Notwithstanding subsection (4)(a) and (b) of this section, a manufacturer or distributor may make charge-backs to
a motor vehicle dealer if, after completion of an audit of the
dealer’s records, the manufacturer or distributor can show, by
a preponderance of the evidence, that (a) the claim was intentionally false or fraudulent at the time it was submitted to the
manufacturer or distributor, or (b) with respect to a claim
under a service incentive program, the repair work was
improperly performed in a substandard manner or was unnecessary to correct a defective condition. [2003 c 21 § 5.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.240
46.96.240 Venue. Notwithstanding the provisions of a
franchise agreement or other provision of law to the contrary,
the venue for a cause of action, claim, lawsuit, administrative
hearing or proceeding, arbitration, or mediation, whether
arising under this chapter or otherwise, in which the parties or
litigants are a manufacturer or distributor and one or more
motor vehicle dealers, is the state of Washington. It is the
public policy of this state that venue provided for in this section may not be modified or waived in any contract or other
agreement, and any provision contained in a franchise agreement that requires arbitration or litigation to be conducted
outside the state of Washington is void and unenforceable.
This section does not apply to a voluntary dispute resolution procedure that is not binding on the dealer. [2003 c 21 §
6.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
(2008 Ed.)
46.98.050
46.96.900 Severability—1989 c 415. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 415 § 22.]
46.96.900
Chapter 46.98
Chapter 46.98 RCW
CONSTRUCTION
Sections
46.98.010
46.98.020
46.98.030
46.98.040
46.98.041
46.98.042
46.98.043
46.98.050
46.98.060
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 ex.s. c 3.
Severability—1965 ex.s. c 170.
Severability—1969 ex.s. c 281.
Repeals and saving—1961 c 12.
Emergency—1961 c 12.
46.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1961 c 12 §
46.98.010.]
46.98.010
46.98.020 Provisions to be construed in pari materia.
The provisions of this title shall be construed in pari materia
even though as a matter of prior legislative history they were
not originally enacted in the same statute. The provisions of
this title shall also be construed in pari materia with the provisions of Title 47 RCW, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively. [1961 c 12 § 46.98.020.]
46.98.020
46.98.030 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1961 c 12 § 46.98.030.]
46.98.030
46.98.040 Invalidity of part of title not to affect
remainder. If any provision of this title or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1961 c 12 § 46.98.040.]
46.98.040
46.98.041 Severability—1963 ex.s. c 3.
47.98.041.
See RCW
46.98.042 Severability—1965 ex.s. c 170.
47.98.042.
See RCW
46.98.043 Severability—1969 ex.s. c 281.
47.98.045.
See RCW
46.98.050 Repeals and saving—1961 c 12.
c 12 § 46.98.050.
See 1961
46.98.041
46.98.042
46.98.043
46.98.050
[Title 46 RCW—page 371]
46.98.060
Title 46 RCW: Motor Vehicles
46.98.060 Emergency—1961 c 12. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately. [1961
c 12 § 46.98.060.]
46.98.060
[Title 46 RCW—page 372]
(2008 Ed.)
Title 47
Chapters
47.01
47.02
47.04
47.05
47.06
47.06A
47.06B
47.08
47.10
47.12
47.14
47.17
47.20
47.22
47.24
47.26
47.28
47.29
47.30
47.32
47.36
47.38
47.39
47.40
47.41
47.42
47.44
47.46
47.48
47.50
47.52
47.56
47.58
47.60
47.61
47.64
47.66
47.68
47.72
47.76
47.78
47.79
47.80
47.82
47.98
Title 47
PUBLIC HIGHWAYS AND TRANSPORTATION
Department of transportation.
Department buildings.
General provisions.
Priority programming for highway development.
Statewide transportation planning.
Freight mobility.
Coordinating special needs transportation.
Highway funds.
Highway construction bonds.
Acquisition and disposition of state highway
property.
Right-of-way donations.
State highway routes.
Miscellaneous projects.
Combination highway routes.
City streets as part of state highways.
Development in urban areas—Urban arterials.
Construction and maintenance of highways.
Transportation innovative partnerships.
Trails and paths.
Obstructions on right-of-way.
Traffic control devices.
Roadside areas—Safety rest areas.
Scenic and Recreational Highway Act of 1967.
Roadside improvement and beautification.
Junkyards adjacent to interstate and primary
highways.
Highway advertising control act—Scenic vistas
act.
Franchises on state highways.
Public-private transportation initiatives.
Closing highways and restricting traffic.
Highway access management.
Limited access facilities.
State toll bridges, tunnels, and ferries.
Existing and additional bridges.
Puget Sound ferry and toll bridge system.
Acquisition of new ferry vessels under Urban
Mass Transportation Act of 1964.
Marine employees—Public employment relations.
Multimodal transportation programs.
Aeronautics.
Navigation canals.
Rail freight service.
High capacity transportation development.
High-speed ground transportation.
Regional transportation planning organizations.
Amtrak.
Construction.
Abandoned highways, transfer to counties, cities: RCW 36.75.090.
Accidents and reports: Chapter 46.52 RCW.
Annual report of street operations to secretary of transportation: RCW
35.21.260.
Arterial highways, designation: RCW 46.61.195.
(2008 Ed.)
Bicycles, operation: Chapter 46.61 RCW.
Buses, unlawful conduct: RCW 9.91.025.
City streets, sidewalks, etc.: Chapters 35.68 through 35.79 RCW.
Columbia Basin project road systems: RCW 36.81.140.
Contractor’s bond: Chapter 39.08 RCW.
Contractors on highway projects prequalified under RCW 47.28.070
exempted from contractor’s registration requirement: RCW
18.27.090.
County highways in cities and towns: Chapter 36.89 RCW.
County road improvement districts: Chapter 36.88 RCW.
County roads and bridges: Chapters 36.75 through 36.88 RCW.
Dangerous substances or devices, placing on highway: RCW 9.66.050,
70.93.060.
Design standards committee
arterial streets: Chapter 35.78 RCW.
generally: Chapter 43.32 RCW.
Driving while intoxicated when engaged in discharge of business duties:
RCW 9.91.020.
Electrical installations, applicability of statutes or rules: RCW 19.28.141.
Fences: Chapter 16.60 RCW.
Fireworks, transportation, etc.: Chapter 70.77 RCW.
Flaggers—Safety standards: RCW 49.17.350.
Glass, tacks, rubbish, etc., throwing in highway: RCW 9.66.050, 46.61.645.
Highway construction or improvement, validity of agreement to indemnify
against liability for negligence relative to: RCW 4.24.115.
Highway funds, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Jurisdiction over operation of motor vehicles by Indians: Chapter 37.12
RCW.
Liens for labor, materials on public works: Chapter 60.28 RCW.
Littering on public highway: RCW 70.93.060.
Obstructing highway is public nuisance: RCW 9.66.010.
Off-street parking
cities: Chapter 35.86 RCW.
towns: RCW 35.27.550 through 35.27.590.
Platted streets as public highways: RCW 58.08.035, 58.08.050.
Port districts, toll facilities: Chapter 53.34 RCW.
Public lands, withdrawal of abutting: RCW 79A.05.105.
Range areas, road signs: RCW 16.24.060.
Real property conveyances by public bodies—Recording: RCW 65.08.095.
Rules of the road: Chapter 46.61 RCW.
Size, weight, load of vehicles: Chapter 46.44 RCW.
Speed limits: RCW 46.61.400 through 46.61.470.
State patrol: Chapter 43.43 RCW.
Traffic safety commission and program: Chapter 43.59 RCW.
Viaducts, bridges, elevated roadways, tunnels, etc., authority of cities to construct: Chapter 35.85 RCW.
Waterways: Title 91 RCW.
[Title 47 RCW—page 1]
Chapter 47.01
Chapter 47.01
Title 47 RCW: Public Highways and Transportation
Chapter 47.01 RCW
DEPARTMENT OF TRANSPORTATION
Sections
47.01.011
47.01.021
47.01.031
47.01.041
47.01.051
47.01.061
47.01.070
47.01.071
47.01.075
47.01.078
47.01.081
47.01.091
47.01.101
47.01.131
47.01.141
47.01.170
47.01.180
47.01.190
47.01.210
47.01.230
47.01.240
47.01.250
47.01.260
47.01.270
47.01.280
47.01.290
47.01.300
47.01.310
47.01.321
47.01.330
47.01.340
47.01.350
47.01.360
47.01.380
47.01.390
47.01.400
47.01.405
47.01.406
47.01.408
47.01.410
47.01.412
47.01.415
47.01.417
47.01.420
47.01.430
47.01.440
Trails system, Washington state recreation, department of transportation
participation: RCW 79A.35.120.
47.01.011 Legislative declaration. The legislature
hereby recognizes the following imperative needs within the
state: To create a statewide transportation development plan
which identifies present status and sets goals for the future; to
coordinate transportation modes; to promote and protect land
use programs required in local, state, and federal law; to coordinate transportation with the economic development of the
state; to supply a broad framework in which regional, metropolitan, and local transportation needs can be related; to facilitate the supply of federal and state aid to those areas which
will most benefit the state as a whole; to provide for public
involvement in the transportation planning and development
process; to administer programs within the jurisdiction of this
title relating to the safety of the state’s transportation systems; and to coordinate and implement national transportation policy with the state transportation planning program.
The legislature finds and declares that placing all elements of transportation in a single department is fully consistent with and shall in no way impair the use of moneys in the
motor vehicle fund exclusively for highway purposes.
Through this chapter, a unified department of transportation is created. To the jurisdiction of this department will be
transferred the present powers, duties, and functions of the
department of highways, the highway commission, the toll
bridge authority, the aeronautics commission, and the canal
commission, and the transportation related powers, duties,
and functions of the *planning and community affairs
agency. The powers, duties, and functions of the department
of transportation must be performed in a manner consistent
with the policy goals set forth in RCW 47.04.280. [2007 c
516 § 2; 1977 ex.s. c 151 § 1.]
47.01.011
Legislative declaration.
Definitions.
Department created—Transfer of powers, duties, and functions.
Secretary of transportation—Appointment, salary, removal.
Commission created—Appointment of members—Terms—
Qualifications—Removal.
Commission—Procedures and internal operations.
Director’s and commissioner’s prior assignments may be delegated.
Commission—Functions, powers, and duties.
Transportation policy development.
Transportation system policy goals—Duties.
Department—Organization—Management personnel.
Advisory councils.
Secretary—Authority and duties.
Continuation of state services to department.
Biennial report.
Right of entry.
Roads and bridges in state parks.
State aid engineer.
Contract without bid or bond with public utilities and municipal corporations.
Powers relating to toll bridges and facilities and state ferries.
Coordination of long-range needs studies.
Consultation with designated state officials.
Authority of department.
Radioactive or hazardous cargo, notice of prohibition.
Application for improvements to existing highways.
Environmental review of transportation projects.
Environmental review of transportation projects—Cooperation with other environmental regulatory authorities.
Washington fruit express account.
Skills bank—Report.
Office of transit mobility.
Local and regional transportation goals.
Ferry grant program.
Back-up plan for passenger-only ferry service between Vashon and Seattle.
State route No. 520 improvements.
Alaskan Way viaduct, Seattle Seawall, and state route No. 520
improvements—Requirements—Exceptions.
Alaskan Way viaduct, Seattle Seawall, and state route No. 520
improvements—Expert review panel—Governor’s finding.
State route No. 520 improvements—Project impact plan—
Mediator, duties.
State route No. 520 improvements—Review of project design
plans—Goals.
State route No. 520 improvements—Design requirements.
State route No. 520 improvements—Multimodal transportation plan.
State route No. 520 improvements—Tax deferrals—Definition.
State route No. 520 improvements—Finance plan.
State route No. 520 improvements—Finance plan—Revenue
sources and savings recognition.
Naming and renaming state transportation facilities.
Wounded combat veterans internship program.
Adoption of statewide goals to reduce annual per capita vehicle miles traveled by 2050—Department’s duties—Reports
to the legislature.
Collection agencies, use by public bodies to collect public debts—Fees:
RCW 19.16.500.
Cross-state trail—Rail line franchise negotiations: RCW 79A.05.125.
Flaggers—Safety standards: RCW 49.17.350.
Mt. St. Helens eruption, facilitating recovery from—Scope of state agency
action: RCW 43.01.210.
Secretary’s duties
generally: RCW 46.68.120.
motor vehicle fund, distribution of amount to counties—Factors of distribution formula for RCW 46.68.120(4) funds: RCW 46.68.122.
population, road cost, money need, computed—Allocation percentage
adjustment, when: RCW 46.68.124.
Traffic safety commission, secretary of transportation member of: RCW
43.59.030.
[Title 47 RCW—page 2]
*Reviser’s note: "Planning and community affairs agency" means
"department of community, trade, and economic development," but the name
is retained here for historical purposes.
Findings—Intent—2007 c 516: "The legislature finds and declares
that the citizens of the state expect clear and concise goals, objectives, and
responsibilities regarding the operation of the statewide transportation system. Furthermore, the state’s citizens expect that the state periodically
receive clear and streamlined information that measures whether the goals
and objectives are being satisfied. Therefore, it is the intent of the legislature
that this act serve to clarify existing goals, objectives, and responsibilities
related to the operation of an efficient statewide transportation system."
[2007 c 516 § 1.]
47.01.021 Definitions. As used in this title unless the
context indicates otherwise:
(1) "Department" means the department of transportation created in RCW 47.01.031;
(2) "Commission" means the transportation commission
created in RCW 47.01.051;
(3) "Secretary" means the secretary of transportation as
provided for in RCW 47.01.041. [1977 ex.s. c 151 § 2.]
47.01.021
Additional definitions: RCW 47.04.010.
47.01.031 Department created—Transfer of powers,
duties, and functions. (1) There is created a department of
state government to be known as the department of transportation.
(2) All powers, duties, and functions vested by law in the
department of highways, the state highway commission, the
47.01.031
(2008 Ed.)
Department of Transportation
director of highways, the Washington toll bridge authority,
the aeronautics commission, the director of aeronautics, and
the canal commission, and the transportation related powers,
duties, and functions of the *planning and community affairs
agency, are transferred to the jurisdiction of the department,
except those powers, duties, and functions which are
expressly directed elsewhere in **this or in any other act of
the 1977 legislature.
(3) The board of pilotage commissioners is transferred to
the jurisdiction of the department for its staff support and
administration: PROVIDED, That nothing in this section
shall be construed as transferring any policy making powers
of the board of pilotage commissioners to the transportation
commission or the department of transportation. [1988 c 167
§ 11; 1977 ex.s. c 151 § 3.]
Reviser’s note: *(1) The "planning and community affairs agency" has
been renamed the "department of community, trade, and economic development."
**(2) For codification of "this . . . . act" [1977 ex.s. c 151], see Codification Tables, Volume 0.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.01.041 Secretary of transportation—Appointment, salary, removal. The executive head of the department of transportation shall be the secretary of transportation,
who shall be appointed by the governor with the advice and
consent of the senate, and shall be paid a salary to be fixed by
the governor in accordance with the provisions of RCW
43.03.040. The secretary shall be an ex officio member of the
transportation commission without a vote. The secretary
shall serve at the pleasure of the governor. [2005 c 319 § 3;
1983 1st ex.s. c 53 § 28; 1977 ex.s. c 151 § 4.]
47.01.041
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Severability—1983 1st ex.s. c 53: See note following RCW 47.10.802.
47.01.051 Commission created—Appointment of
members—Terms—Qualifications—Removal. There is
hereby created a transportation commission, which shall consist of seven voting members appointed by the governor, with
the consent of the senate. The present five members of the
highway commission shall serve as five initial members of
the transportation commission until their terms of office as
highway commission members would have expired. The
additional two members provided herein for the transportation commission shall be appointed for initial terms to expire
on June 30, 1982, and June 30, 1983. Thereafter all terms
shall be for six years. No elective state official, state officer,
or state employee shall be a member of the commission. At
the time of appointment or thereafter during their respective
terms of office, four members of the commission shall reside
in the western part of the state and three members shall reside
in the eastern part of the state as divided north and south by
the summit of the Cascade mountains. No more than two
members of the commission shall reside in the same county;
however, the governor, or his or her designee, shall serve as a
nonvoting member of the commission. Commission appointments should reflect both a wide range of transportation
interests and a balanced statewide geographic representation.
Commissioners may be removed from office by the governor
47.01.051
(2008 Ed.)
47.01.070
before the expiration of their terms for cause. No member
shall be appointed for more than two consecutive terms.
[2006 c 334 § 1; 1977 ex.s. c 151 § 5.]
Effective date—2006 c 334: "This act takes effect July 1, 2006." [2006
c 334 § 52.]
47.01.061 Commission—Procedures and internal
operations. (1) The commission shall meet at such times as
it deems advisable but at least on a quarterly basis with meetings to be held in different parts of the state. It may adopt its
own rules and regulations and may establish its own procedure. It shall act collectively in harmony with recorded resolutions or motions adopted by majority vote of at least four
members. The commission may appoint an executive director, and shall elect one of its members chair for a term of one
year. The chair may vote on all matters before the commission. The commission may from time to time retain planners,
consultants, and other technical personnel to advise it in the
performance of its duties.
(2) The commission shall submit to each regular session
of the legislature held in an odd-numbered year its own budget proposal necessary for the commission’s operations separate from that proposed for the department.
(3) Each member of the commission shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for actual necessary traveling and other expenses in
going to, attending, and returning from meetings of the commission, and actual and necessary traveling and other
expenses incurred in the discharge of such duties as may be
requested by a majority vote of the commission or by the secretary of transportation, but in no event shall the entire commission membership be compensated for more than one thousand two hundred thirty days combined. Service on the commission shall not be considered as service credit for the
purposes of any public retirement system.
(4) Each member of the commission shall disclose any
actual or potential conflict of interest, if applicable under the
circumstance, regarding any commission business. [2006 c
334 § 2; 2005 c 319 § 4; 1987 c 364 § 2; 1984 c 287 § 94;
1983 1st ex.s. c 53 § 29; 1981 c 59 § 1; 1977 ex.s. c 151 § 6.]
47.01.061
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1983 1st ex.s. c 53: See note following RCW 47.10.802.
47.01.070 Director’s and commissioner’s prior
assignments may be delegated. In all situations wherein the
director of highways, the director of aeronautics or any one of
their designees, or any member of the highway commission,
the toll bridge authority, the aeronautics commission, or the
canal commission or any one of their designees was on September 21, 1977, designated or serving as a member of any
board, commission, committee, or authority, the chairman of
the transportation commission or the chairman’s designee
who shall be an employee of the department of transportation, shall hereafter determine who shall serve as such member. [1977 ex.s. c 151 § 27; 1961 c 13 § 47.01.070. Prior:
1951 c 247 § 5. Formerly RCW 43.27.120.]
47.01.070
[Title 47 RCW—page 3]
47.01.071
Title 47 RCW: Public Highways and Transportation
47.01.071 Commission—Functions, powers, and
duties. The transportation commission shall have the following functions, powers, and duties:
(1) To propose policies to be adopted by the governor
and the legislature designed to assure the development and
maintenance of a comprehensive and balanced statewide
transportation system which will meet the needs of the people
of this state for safe and efficient transportation services.
Wherever appropriate, the policies shall provide for the use
of integrated, intermodal transportation systems. The policies must be aligned with the goals established in RCW
47.04.280. To this end the commission shall:
(a) Develop transportation policies which are based on
the policies, goals, and objectives expressed and inherent in
existing state laws;
(b) Inventory the adopted policies, goals, and objectives
of the local and area-wide governmental bodies of the state
and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation
plan;
(c) Establish a procedure for review and revision of the
state transportation policy and for submission of proposed
changes to the governor and the legislature; and
(d) Integrate the statewide transportation plan with the
needs of the elderly and persons with disabilities, and coordinate federal and state programs directed at assisting local
governments to answer such needs;
(2) To provide for the effective coordination of state
transportation planning with national transportation policy,
state and local land use policies, and local and regional transportation plans and programs;
(3) In conjunction with the provisions under RCW
47.01.075, to provide for public involvement in transportation designed to elicit the public’s views both with respect to
adequate transportation services and appropriate means of
minimizing adverse social, economic, environmental, and
energy impact of transportation programs;
(4) By December 2010, to prepare a comprehensive and
balanced statewide transportation plan consistent with the
state’s growth management goals and based on the transportation policy goals provided under RCW 47.04.280 and
applicable state and federal laws. The plan must reflect the
priorities of government developed by the office of financial
management and address regional needs, including multimodal transportation planning. The plan must, at a minimum:
(a) Establish a vision for the development of the statewide
transportation system; (b) identify significant statewide
transportation policy issues; and (c) recommend statewide
transportation policies and strategies to the legislature to fulfill the requirements of subsection (1) of this section. The
plan must be the product of an ongoing process that involves
representatives of significant transportation interests and the
general public from across the state. Every four years, the
plan shall be reviewed and revised, and submitted to the governor and the house of representatives and senate standing
committees on transportation.
The plan shall take into account federal law and regulations relating to the planning, construction, and operation of
transportation facilities;
47.01.071
[Title 47 RCW—page 4]
(5) By December 2007, the office of financial management shall submit a baseline report on the progress toward
attaining the policy goals under RCW 47.04.280 in the 20052007 fiscal biennium. By October 1, 2008, beginning with
the development of the 2009-2011 biennial transportation
budget, and by October 1st biennially thereafter, the office of
financial management shall submit to the legislature and the
governor a report on the progress toward the attainment by
state transportation agencies of the state transportation policy
goals and objectives prescribed by statute, appropriation, and
governor directive. The report must, at a minimum, include
the degree to which state transportation programs have progressed toward the attainment of the policy goals established
under RCW 47.04.280, as measured by the objectives and
performance measures established by the office of financial
management under RCW 47.04.280;
(6) To propose to the governor and the legislature prior
to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the
commission as required by RCW 47.01.061;
(7) To adopt such rules as may be necessary to carry out
reasonably and properly those functions expressly vested in
the commission by statute;
(8) To contract with the office of financial management
or other appropriate state agencies for administrative support,
accounting services, computer services, and other support
services necessary to carry out its other statutory duties;
(9) To conduct transportation-related studies and policy
analysis to the extent directed by the legislature or governor
in the biennial transportation budget act, or as otherwise provided in law, and subject to the availability of amounts appropriated for this specific purpose; and
(10) To exercise such other specific powers and duties as
may be vested in the transportation commission by this or any
other provision of law. [2007 c 516 § 4; 2006 c 334 § 3; 2005
c 319 § 5; 1981 c 59 § 2; 1980 c 87 § 45; 1977 ex.s. c 151 § 7.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
47.01.075 Transportation policy development. (1)
The transportation commission shall provide a public forum
for the development of transportation policy in Washington
state to include coordination with regional transportation
planning organizations, transportation stakeholders, counties,
cities, and citizens. At least every five years, the commission
shall convene regional forums to gather citizen input on
transportation issues. The commission shall consider the
input gathered at the forums as it establishes the statewide
transportation plan under RCW 47.01.071(4).
(2) In fulfilling its responsibilities under this section, the
commission may create ad hoc committees or other such
committees of limited duration as necessary.
(3) In order to promote a better transportation system, the
commission may offer policy guidance and make recommendations to the governor and the legislature in key issue areas,
including but not limited to:
(a) Transportation finance;
(b) Preserving, maintaining, and operating the statewide
transportation system;
47.01.075
(2008 Ed.)
Department of Transportation
(c) Transportation infrastructure needs;
(d) Promoting best practices for adoption and use by
transportation-related agencies and programs;
(e) Transportation efficiencies that will improve service
delivery and/or coordination;
(f) Improved planning and coordination among transportation agencies and providers; and
(g) Use of intelligent transportation systems and other
technology-based solutions. [2007 c 516 § 5; 2006 c 334 § 4;
2005 c 319 § 6.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2006 c 334: See note following RCW 47.01.051.
Transfers—2005 c 319: "(1)(a) All reports, documents, surveys,
books, records, files, papers, or written material relating to the conduct of
performance reviews and audits in the possession of the legislative transportation committee must be delivered to the custody of the transportation commission. Any remaining documents, books, records, files, papers, and written materials must be delivered to the custody of the joint transportation
committee. All funds, credits, or other assets held by the legislative transportation committee for the purposes of staffing the transportation performance
audit board are assigned to the transportation commission. Any remaining
funds, credits, or other assets held by the legislative transportation committee are assigned to the joint transportation committee.
(b) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or
held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
(2) All employees of the legislative transportation committee are transferred to the jurisdiction of the transportation commission for the support of
the transportation performance audit board. However, the commission may,
if staffing needs warrant, assign the employees to other commission functions." [2005 c 319 § 15.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
47.01.101
nized into divisions, including the division of highways, the
division of public transportation, the division of aeronautics,
the division of marine transportation, and the division of
transportation planning and budget.
(2) The secretary may reorganize divisions in order to
attain the maximum possible efficiency in the operation of
the department. Each division shall be headed by an assistant
secretary to be appointed by the secretary. The secretary may
also appoint a deputy secretary as may be needed for the performance of the duties and functions vested in the department
and may also appoint up to twelve ferry system management
positions as defined in RCW 47.64.011. The secretary may
delegate to officers within the several divisions of the department authority to employ personnel necessary to discharge
the responsibilities of the department.
(3) The officers appointed under this section shall be
exempt from the provisions of the state civil service law and
shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of
salaries for officers exempt from the operation of the state
civil service law. [1984 c 48 § 1; 1977 ex.s. c 151 § 8.]
47.01.091 Advisory councils. The secretary shall
establish such advisory councils as are necessary to carry out
the purposes of this title, and to insure adequate public participation in the planning and development of transportation
facilities. Members of such councils shall serve at the pleasure of the secretary and may receive per diem and necessary
expenses, in accordance with RCW 43.03.050 and 43.03.060,
as now or hereafter amended. [2006 c 334 § 5; 1977 ex.s. c
151 § 9.]
47.01.091
Effective date—2006 c 334: See note following RCW 47.01.051.
47.01.078 Transportation system policy goals—
Duties. To support achievement of the policy goals
described in RCW 47.04.280, the department shall:
(1) Maintain an inventory of the condition of structures
and corridors in most urgent need of retrofit or rehabilitation;
(2) Develop long-term financing tools that reliably provide ongoing maintenance and preservation of the transportation infrastructure;
(3) Balance system safety and convenience through all
phases of a project to accommodate all users of the transportation system to safely, reliably, and efficiently provide
mobility to people and goods;
(4) Develop strategies to gradually reduce the per capita
vehicle miles traveled based on consideration of a range of
reduction methods;
(5) Consider efficiency tools, including high occupancy
vehicle and high occupancy toll lanes, corridor-specific and
systemwide pricing strategies, active traffic management,
commute trip reduction, and other demand management
tools;
(6) Promote integrated multimodal planning; and
(7) Consider engineers and architects to design environmentally sustainable, context-sensitive transportation systems. [2007 c 516 § 6.]
47.01.078
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
47.01.081 Department—Organization—Management personnel. (1) Initially the department shall be orga47.01.081
(2008 Ed.)
47.01.101 Secretary—Authority and duties. The secretary shall have the authority and it shall be his or her duty:
(1) To serve as chief executive officer of the department
with full administrative authority to direct all its activities;
(2) To organize the department as he or she may deem
necessary to carry out the work and responsibilities of the
department effectively;
(3) To designate and establish such transportation district, region, or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers,
duties, and functions to them or any officer or employee of
the department as deemed necessary to administer the department efficiently;
(4) To direct and coordinate the programs of the various
divisions of the department to assure that they achieve the
greatest possible mutual benefit, produce a balanced overall
effort, and eliminate unnecessary duplication of activity;
(5) To adopt all department rules that are subject to the
adoption procedures contained in the state administrative
procedure act, except rules subject to adoption by the commission pursuant to statute;
(6) To maintain and safeguard the official records of the
department, including the commission’s recorded resolutions
and orders;
(7) To provide, under contract or interagency agreement,
staff support to the commission, including long-term techni47.01.101
[Title 47 RCW—page 5]
47.01.131
Title 47 RCW: Public Highways and Transportation
cal and administrative support as needed, to assist it in carrying out its functions, powers, and duties;
(8) To execute and implement the biennial operating
budget for the operation of the department in accordance with
chapter 43.88 RCW and with legislative appropriation;
(9) To advise the governor and the legislature with
respect to matters under the jurisdiction of the department;
and
(10) To exercise all other powers and perform all other
duties as are now or hereafter provided by law. [2006 c 334
§ 6; 2005 c 319 § 7. Prior: 1987 c 505 § 48; 1987 c 179 § 1;
1983 1st ex.s. c 53 § 30; 1977 ex.s. c 151 § 10.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Severability—1983 1st ex.s. c 53: See note following RCW 47.10.802.
Regulations governing parking facilities: RCW 46.61.577.
47.01.131 Continuation of state services to department. All state officials required to maintain contact with or
provide services for any of the departments or agencies
whose functions are transferred by RCW 47.01.031 shall
continue to perform such services for the department of transportation unless otherwise directed by this title. [1977 ex.s. c
151 § 18.]
47.01.131
47.01.141 Biennial report. The department shall submit a biennial report to the governor and chairs of the transportation committees of the senate and house of representatives with a copy to the staff of each of the committees,
including but not limited to operational and construction
activities of the preceding fiscal period as the department
deems important and recommendations for future operations
of the department. [1987 c 505 § 49; 1984 c 7 § 75; 1977 c
75 § 68; 1973 2nd ex.s. c 12 § 1.]
47.01.141
Severability—1984 c 7: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 7 § 389.]
47.01.170 Right of entry. The department or its duly
authorized and acting assistants, agents, or appointees have
the right to enter upon any land, real estate, or premises in this
state, whether public or private, for purposes of making
examinations, locations, surveys, and appraisals for highway
purposes. The making of any such entry for those purposes
does not constitute any trespass by the department or by its
duly authorized and acting assistants, agents, or appointees.
[1984 c 7 § 77; 1961 c 13 § 47.01.170. Prior: 1945 c 176 § 1;
Rem. Supp. 1945 § 6400-3f. Formerly RCW 43.27.030.]
47.01.170
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.180 Roads and bridges in state parks. The
department is authorized at the request of, and upon plans
approved by the state parks and recreation commission, to
construct and maintain vehicular roads, highways, and
bridges within the limits of the several state parks. [1984 c 7
§ 78; 1961 c 13 § 47.01.180. Prior: 1943 c 253 § 1; Rem.
Supp. 1943 § 6402-35. Formerly RCW 43.27.040.]
47.01.180
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 6]
47.01.190 State aid engineer. The secretary shall
appoint, with the approval of the governor, a qualified assistant to be designated as "state aid engineer" whose duties
shall consist of the administration of the program of state aid
in the matter of county roads and city streets. [1984 c 7 § 79;
1961 c 13 § 47.01.190. Prior: 1949 c 220 § 2; Rem. Supp.
1949 § 4600-3g. Formerly RCW 43.27.050.]
47.01.190
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.210 Contract without bid or bond with public
utilities and municipal corporations. It is lawful for the
department to contract without advertising or bid, or performance bond, with any public utility, whether publicly or privately operated, or with any municipal corporation or political subdivision of the state, for the performance of any work
or the furnishing of any service of a type ordinarily performed or furnished by such utility, or by such municipal corporation or political subdivision, whenever, in the opinion of
the department, the interest of the public will be best served.
[1984 c 7 § 80; 1961 c 13 § 47.01.210. Prior: 1955 c 84 § 1;
1953 c 100 § 1. Formerly RCW 43.27.105.]
47.01.210
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.230 Powers relating to toll bridges and facilities and state ferries. See RCW 47.56.030.
47.01.230
47.01.240 Coordination of long-range needs studies.
The department and the transportation improvement board
shall coordinate their activities relative to long-range needs
studies, in accordance with the provisions of chapter 47.05
RCW and RCW 47.26.170, respectively, in order that longrange needs data may be developed and maintained on an
integrated and comparable basis. Needs data for county roads
and city streets in nonurban areas shall be provided by the
counties and cities to the department in such form and extent
as requested by the department, after consultation with the
county road administration board and the association of
Washington cities, in order that needs data may be obtained
on a comparable basis for all highways, roads, and streets in
Washington. [1988 c 167 § 12; 1984 c 7 § 82; 1971 ex.s. c
195 § 10.]
47.01.240
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 195: See note following RCW 43.88.125.
47.01.250 Consultation with designated state officials. The chief of the Washington state patrol, the director
of the traffic safety commission, the executive director of the
county road administration board, and the director of licensing are designated as official consultants to the transportation
commission so that the goals and activities of their respective
agencies which relate to transportation are fully coordinated
with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state
patrol, the director of the traffic safety commission, the executive director of the county road administration board, and
the director of licensing shall consult with the transportation
commission and the secretary of transportation on the implications and impacts on the transportation related functions
47.01.250
(2008 Ed.)
Department of Transportation
and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.
In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief
of the Washington state patrol, the director of the traffic
safety commission, the executive director of the county road
administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective
agencies’ plans, programs, and budgets as they pertain to
transportation activities. [1998 c 245 § 92; 1990 c 266 § 5;
1979 c 158 § 204; 1977 ex.s. c 151 § 26.]
Identification of environmental costs of transportation projects—
Pilot project—1993 c 59: "Recognizing the importance of maintaining the
quality of life in Washington state, the citizens of this state demand protection and preservation of our scarce natural resources. Citizens also demand
an efficient and effective transportation system. The departments of transportation, ecology, fisheries, and wildlife and the Puget Sound water quality
authority have worked jointly to develop cooperative approaches for mitigating environmental impacts resulting from transportation projects. Nevertheless, many transportation projects are costing more than was budgeted due to
unanticipated and extensive environmental considerations. It is the intent of
the legislature to find a process for accessing, budgeting, and accounting for
environmental costs related to significant transportation projects in order to
determine whether the environmental costs exceed the transportation benefits of a project.
Therefore, the department of transportation shall undertake a pilot program in at least one transportation district that will serve as a case study for
the entire department. The department shall identify and cost out the discrete
environmental elements of a representative sampling of transportation
projects. The environmental elements should include, but not necessarily be
limited to, wetlands, storm water, hazardous waste, noise, fish, and wildlife.
The department shall also consider an assessment of the cost impacts resulting from delays associated with permitting requirements.
It is the intent of the legislature that the environmental cost estimates be
developed during a detailed scoping process that will include preliminary
engineering and design. After the detailed scoping process and design report
is complete, the department shall submit project-specific recommendations
and cost estimates to the transportation commission before approval is
granted for the construction phase of the projects.
Based upon the findings of the pilot program the transportation commission shall recommend policies to the legislative transportation committee
regarding: (1) The current practice of appropriating design and construction
dollars simultaneously; (2) identification of reasonable thresholds for environmental costs; (3) budget and accounting modifications that may be warranted in order to accurately capture environmental costs associated with
transportation projects; and (4) modification to the priority array statutes,
chapter 47.05 RCW." [1993 c 59 § 1.]
47.01.260
47.01.260 Authority of department. (1) The department of transportation shall exercise all the powers and perform all the duties necessary, convenient, or incidental to the
planning, locating, designing, constructing, improving,
repairing, operating, and maintaining state highways, including bridges and other structures, culverts, and drainage facilities and channel changes necessary for the protection of state
highways, and shall examine and allow or disallow bills, subject to the provisions of RCW 85.07.170, for any work or services performed or materials, equipment, or supplies furnished.
(2) Subject to the limitations of RCW 4.24.115, the
department, in the exercise of any of its powers, may include
in any authorized contract a provision for indemnifying the
other contracting party against specific loss or damages arising out of the performance of the contract.
(3) The department is authorized to acquire property as
provided by law and to construct and maintain thereon any
(2008 Ed.)
47.01.290
buildings or structures necessary or convenient for the planning, design, construction, operation, maintenance, and
administration of the state highway system and to acquire
property and to construct and maintain any buildings, structures, appurtenances, and facilities necessary or convenient to
the health and safety and for the accommodation of persons
traveling upon state highways.
(4) The department is authorized to engage in planning
surveys and may collect, compile, and analyze statistics and
other data relative to existing and future highways and highway needs throughout the state, and shall conduct research,
investigations, and testing as it deems necessary to improve
the methods of construction and maintenance of highways
and bridges. [2006 c 368 § 2; 1983 c 29 § 1; 1979 ex.s. c 58
§ 1.]
47.01.270 Radioactive or hazardous cargo, notice of
prohibition. The department of transportation shall adopt
regulations to establish procedures for giving notice to transporters of placarded radioactive or hazardous cargo of times
when transportation of such cargo is prohibited. [1983 c 205
§ 2.]
47.01.270
Transportation of radioactive or hazardous cargo, prohibited, when: RCW
47.48.050.
47.01.280 Application for improvements to existing
highways. (1) Upon receiving an application for improvements to an existing state highway or highways pursuant to
RCW 43.160.074 from the community economic revitalization board, the department shall, in a timely manner, determine whether or not the proposed state highway improvements:
(a) Meet the safety and design criteria of the department
of transportation;
(b) Will impair the operational integrity of the existing
highway system; and
(c) Will affect any other improvements planned by the
department.
(2) Upon completion of its determination of the factors
contained in subsection (1) of this section and any other factors it deems pertinent, the department shall forward its
approval, as submitted or amended or disapproval of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and
feasibility of the proposed development. If the department
disapproves any proposed improvements, it shall specify its
reasons for disapproval.
(3) Upon notification from the board of an application’s
approval pursuant to RCW 43.160.074, the department shall
carry out the improvements in coordination with the applicant. [2006 c 334 § 7; 2005 c 319 § 121; 1999 c 94 § 10; 1985
c 433 § 6.]
47.01.280
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Nonseverability—1985 c 433: See note following RCW 43.160.074.
47.01.290 Environmental review of transportation
projects. The legislature recognizes that environmental
47.01.290
[Title 47 RCW—page 7]
47.01.300
Title 47 RCW: Public Highways and Transportation
review of transportation projects is a continuous process that
should begin at the earliest stages of planning and continue
through final project construction. Early and extensive
involvement of the relevant environmental regulatory authorities is critical in order to avoid significant changes in substantially completed project design and engineering. It is the
expectation of the legislature that if a comprehensive environmental approach is integrated throughout various transportation processes, onerous, duplicative, and time-consuming permit processes will be minimized. [1994 c 258 § 3;
1993 c 55 § 1.]
Captions not law—1994 c 258: See note following RCW 36.70A.420.
Statewide transportation planning: Chapter 47.06 RCW.
47.01.300 Environmental review of transportation
projects—Cooperation with other environmental regulatory authorities. The department shall, in cooperation with
environmental regulatory authorities:
(1) Identify and document environmental resources in
the development of the statewide multimodal plan under
RCW 47.06.040;
(2) Allow for public comment regarding changes to the
criteria used for prioritizing projects under chapter 47.05
RCW before final adoption of the changes by the commission;
(3) Use an environmental review as part of the project
prospectus identifying potential environmental impacts, mitigation, and costs during the early project identification and
selection phase, submit the prospectus to the relevant environmental regulatory authorities, and maintain a record of
comments and proposed revisions received from the authorities;
(4) Actively work with the relevant environmental regulatory authorities during the design alternative analysis process and seek written concurrence from the authorities that
they agree with the preferred design alternative selected;
(5) Develop a uniform methodology, in consultation
with relevant environmental regulatory authorities, for submitting plans and specifications detailing project elements
that impact environmental resources, and proposed mitigation measures, to the relevant environmental regulatory
authorities during the preliminary specifications and engineering phase of project development;
(6) Screen construction projects to determine which
projects will require complex or multiple permits. The permitting authorities shall develop methods for initiating
review of the permit applications for the projects before the
final design of the projects;
(7) Conduct special prebid meetings for those projects
that are environmentally complex; and
(8) Review environmental considerations related to particular projects during the preconstruction meeting held with
the contractor who is awarded the bid. [1994 c 258 § 4.]
47.01.300
Captions not law—1994 c 258: See note following RCW 36.70A.420.
47.01.310 Washington fruit express account. The
Washington fruit express account is created in the state treasury. All receipts from the operations of the Washington fruit
express program must be deposited into the account. Moneys
in the account may be spent only after appropriation. Expen47.01.310
[Title 47 RCW—page 8]
ditures from the account may be used only for the operations
of the Washington fruit express program and for east-west
passenger rail. [2001 2nd sp.s. c 14 § 606.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
47.01.321 Skills bank—Report. The department of
transportation shall work with local transportation jurisdictions and representatives of transportation labor groups to
establish a human resources skills bank of transportation professionals. The skills bank must be designed to allow all
transportation authorities to draw from it when needed. The
department shall issue a report of findings and recommendations to the transportation committees of the legislature by
December 1, 2003. The report must include, but not be limited to, identification of any statutory or administrative rule
changes necessary to create the skills bank and allow it to
function in the manner described. [2003 c 363 § 203.]
47.01.321
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
47.01.330 Office of transit mobility. (1) The secretary
shall establish an office of transit mobility. The purpose of
the office is to facilitate the integration of decentralized public transportation services with the state transportation system. The goals of the office of transit mobility are: (a) To
facilitate connection and coordination of transit services and
planning; and (b) maximizing opportunities to use public
transportation to improve the efficiency of transportation corridors.
(2) The duties of the office include, but are not limited to,
the following:
(a) Developing a statewide strategic plan that creates
common goals for transit agencies and reduces competing
plans for cross-jurisdictional service;
(b) Developing a park and ride lot program;
(c) Encouraging long-range transit planning;
(d) Providing public transportation expertise to improve
linkages between regional transportation planning organizations and transit agencies;
(e) Strengthening policies for inclusion of transit and
transportation demand management strategies in route development, corridor plan standards, and budget proposals;
(f) Recommending best practices to integrate transit and
demand management strategies with regional and local land
use plans in order to reduce traffic and improve mobility and
access;
(g) Producing recommendations for the public transportation section of the Washington transportation plan; and
(h) Participating in all aspects of corridor planning,
including freight planning, ferry system planning, and passenger rail planning.
(3) In forming the office, the secretary shall use existing
resources to the greatest extent possible.
(4) The office of transit mobility shall establish measurable performance objectives for evaluating the success of its
initiatives and progress toward accomplishing the overall
goals of the office.
47.01.330
(2008 Ed.)
Department of Transportation
(5) The office of transit mobility must report quarterly to
the secretary, and annually to the transportation committees
of the legislature, on the progress of the office in meeting the
goals and duties provided in this section. [2005 c 318 § 2.]
Findings—Intent—2005 c 318: "The legislature finds that the state
needs to reestablish itself as a leader in public transportation.
The legislature also finds that increased demands on transportation
resources require increased coordination among public transportation service providers.
The legislature also finds that the efficiency of transportation corridors
would be enhanced by a more proactive and integrated approach to public
transportation service delivery and planning.
The legislature also finds that the state department of transportation is
in the unique position of being able to improve connectivity between service
territories of transit agencies and modes of transportation.
The legislature also finds that the state should be a center of excellence
in public transportation planning and research and providing technical assistance to transit agencies serving urban, suburban, and rural areas.
Therefore, it is the intent of the legislature that the state department of
transportation be a leader in public transportation. The department shall play
a guiding role in coordinating decentralized public transportation services,
increasing connectivity between them, advocating for public transportation
as a means to increase corridor efficiency, and increasing the integration of
public transportation and the highway system." [2005 c 318 § 1.]
47.01.340 Local and regional transportation goals.
Local and regional transportation agencies shall adopt common transportation goals. The office of transit mobility shall
review local and regional transportation plans, including
plans required under RCW 35.58.2795, 36.70A.070(6),
36.70A.210, and 47.80.023, to provide for the efficient integration of multimodal and multijurisdictional transportation
planning. [2005 c 318 § 3.]
47.01.340
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
47.01.350 Ferry grant program. (1) The department
of transportation shall establish a ferry grant program subject
to availability of amounts appropriated for this specific purpose. The purpose of the grant program is to provide operating or capital grants for ferry systems as provided in chapters
36.54, 36.57A, and 53.08 RCW to operate passenger-only
ferry service.
(2) In providing grants under this section, the department
may enter into multiple year contracts with the stipulation
that future year allocations are subject to the availability of
funding as provided by legislative appropriation. [2008 c 45
§ 1; 2007 c 223 § 2; 2006 c 332 § 4.]
47.01.350
Effective date—2007 c 223: See note following RCW 36.57A.220.
47.01.360 Back-up plan for passenger-only ferry service between Vashon and Seattle. The office of financial
management shall contract to develop a back-up plan for
operating the Vashon to Seattle passenger-only ferry route
existing on January 1, 2006, that does not include operations
by state government. [2006 c 332 § 6.]
47.01.360
47.01.380 State route No. 520 improvements. The
department shall not commence construction on any part of
the state route number 520 bridge replacement and HOV
project until a record of decision has been reached providing
reasonable assurance that project impacts will be avoided,
minimized, or mitigated as much as practicable to protect
against further adverse impacts on neighborhood environmental quality as a result of repairs and improvements made
47.01.380
(2008 Ed.)
47.01.400
to the state route number 520 bridge and its connecting roadways, and that any such impacts will be addressed through
engineering design choices, mitigation measures, or a combination of both. The requirements of this section shall not
apply to off-site pontoon construction supporting the state
route number 520 bridge replacement and HOV project.
[2006 c 311 § 26.]
Findings—2006 c 311: See note following RCW 36.120.020.
47.01.390
47.01.390 Alaskan Way viaduct, Seattle Seawall, and
state route No. 520 improvements—Requirements—
Exceptions. (1) Prior to commencing construction on either
project, the department of transportation must complete all of
the following requirements for both the Alaskan Way viaduct
and Seattle Seawall replacement project, and the state route
number 520 bridge replacement and HOV project: (a) In
accordance with the national environmental policy act, the
department must designate the preferred alternative, prepare
a substantial project mitigation plan, and complete a comprehensive cost estimate review using the department’s cost estimate validation process, for each project; (b) in accordance
with all applicable federal highway administration planning
and project management requirements, the department must
prepare a project finance plan for each project that clearly
identifies secured and anticipated fund sources, cash flow
timing requirements, and project staging and phasing plans if
applicable; and (c) the department must report these results
for each project to the joint transportation committee.
(2) The requirements of this section shall not apply to (a)
utility relocation work, and related activities, on the Alaskan
Way viaduct and Seattle Seawall replacement project and (b)
off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project.
(3) The requirements of subsection (1) of this section
shall not apply during the 2007-2009 fiscal biennium. [2007
c 518 § 705; 2006 c 311 § 27.]
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
Findings—2006 c 311: See note following RCW 36.120.020.
47.01.400
47.01.400 Alaskan Way viaduct, Seattle Seawall, and
state route No. 520 improvements—Expert review
panel—Governor’s finding. The legislature recognizes that
the finance and project implementation planning processes
required for the Alaskan Way viaduct and Seattle Seawall
replacement project and the state route number 520 bridge
replacement and HOV project cannot guarantee appropriate
decisions unless key study assumptions are reasonable with
respect to each project.
To assure appropriate finance plan and project implementation plan assumptions, an expert review panel shall be
appointed to provide independent financial and technical
review for development of a finance plan and project implementation plan for the projects described in this section.
(1) The expert review panel shall consist of five to ten
members who are recognized experts in relevant fields, such
as planning, engineering, finance, law, the environment,
emerging transportation technologies, geography, and economics.
[Title 47 RCW—page 9]
47.01.405
Title 47 RCW: Public Highways and Transportation
(2) The expert review panel shall be selected cooperatively by the chairs of the senate and house transportation
committees, the secretary of the department of transportation,
and the governor to assure a balance of disciplines.
(3) The chair of the expert review panel shall be designated by the governor.
(4) The expert review panel shall, with respect to completion of the project alternatives as described in the draft
environmental impact statement of each project:
(a) Review the finance plan for the project to ensure that
it clearly identifies secured and anticipated funding sources
and is feasible and sufficient;
(b) Review the project implementation plan covering all
state and local permitting and mitigation approvals that
ensure the most expeditious and cost-effective delivery of the
project; and
(c) Report its findings and recommendations on the
items described in (a) and (b) of this subsection to the joint
transportation committee, the office of financial management, and the governor by September 1, 2006.
(5) Upon receipt of the expert review panel’s findings
and recommendations under subsection (4)(c) of this section,
the governor must make a finding of whether each finance
plan is feasible and sufficient to complete the project as
described in the draft environmental impact statement.
(6) Nothing in this section shall be interpreted to delay
construction of any of the projects referenced in this section.
[2006 c 311 § 28.]
Findings—2006 c 311: See note following RCW 36.120.020.
47.01.405 State route No. 520 improvements—
Project impact plan—Mediator, duties. (1) As soon as
practicable after May 15, 2007, and after consulting with the
city of Seattle, the office of financial management shall hire a
mediator, and appropriate planning staff, including urban,
transportation, and neighborhood planners, to develop a state
route number 520 project impact plan for addressing the
impacts of the state route number 520 bridge replacement and
HOV project design on Seattle city neighborhoods, parks,
including the Washington park arboretum, and institutions of
higher education. The mediator must have significant professional experience in working with communities that surround
major transportation construction projects, and mitigating the
impacts of those transportation projects on those communities. The office of financial management shall hire the mediator and the planning staff within existing appropriations
allocated for the state route number 520 bridge replacement
and HOV project. The position of mediator under this section is not considered a certified or legally binding position.
(2) The mediator’s responsibility to develop a project
impact plan is highly time sensitive. As a result, competitive
bidding is not cost-effective or appropriate for personal service contracts to hire the mediator. The director of the office
of financial management shall, by the director’s authority
under RCW 39.29.011(5), exempt any such personal service
contract from the competitive bidding requirements of chapter 39.29 RCW.
(3) In evaluating the project impacts, the mediator must
consider the concerns of neighborhoods and institutions of
higher education directly impacted by the proposed design,
47.01.405
[Title 47 RCW—page 10]
establish a process that incorporates interest-based negotiation, and work with the appropriate planning staff to develop
mitigation recommendations related to the project design.
The mediator shall work to ensure that the project impact
plan provides a comprehensive approach to mitigating the
impacts of the project, including incorporating construction
mitigation plans.
(4) The ultimate goal of the mediation and planning process established in subsection (1) of this section is to develop
a project impact plan agreed to by all appropriate parties
including, but not limited to, those parties listed in subsection
(6) of this section. The project impact plan must be consistent with RCW 47.01.380, and must support and be consistent with the approved purpose and need statement for the
project, which is: "The purpose of the project is to improve
mobility for people and goods across Lake Washington
within the SR 520 corridor from Seattle to Redmond in a
manner that is safe, reliable, and cost-effective while avoiding, minimizing, and/or mitigating impacts on the affected
neighborhoods and the environment." The mediator must
strive to develop a consensus-based plan. In the event that
the mediation process does not result in consensus, the mediator shall submit a project impact plan to the governor and the
joint transportation committee that reflects the views of the
majority of the mediation participants.
(5) The process established in subsection (1) of this section shall result in a project design that provides six total
lanes, with four general purpose lanes and two lanes that are
for high occupancy vehicle travel that could also accommodate high capacity transportation. The bridge shall also be
designed to accommodate light rail in the future and to support a bus rapid transit system. Additionally, the mediator
shall strive to develop a project impact plan within the constraints of the range of estimated project costs as of May 1,
2007.
(6)(a) In performing the duties of this section, and consistent with the governor’s findings and conclusions, dated
December 15, 2006, the mediator shall work with interested
parties directly affected by the state route number 520 bridge
replacement and HOV project including, but not limited to, at
least the following:
(i) Representation from each neighborhood directly
impacted by the project;
(ii) Representation from local governments on both ends
of the bridge directly impacted by the project;
(iii) Representation from King county;
(iv) Representation from the Washington park arboretum;
(v) Representation from the University of Washington;
and
(vi) Representation from sound transit.
(b) The mediator shall also work with the department
and others as necessary.
(c) Before the mediator may submit the project impact
plan, it must be reviewed by the mayor of Seattle and the
Seattle city council. The project impact plan must reflect
whether the mayor and council concur or do not concur with
the plan and include an explanation regarding their positions.
(7) Until December 1, 2008, the mediator must provide
periodic reports to the joint transportation committee and the
governor regarding the status of the project impact plan
(2008 Ed.)
Department of Transportation
development process. The mediator must submit a progress
report to the joint transportation committee and the governor
by August 1, 2007. The mediator must submit a final project
impact plan to the governor and legislature by December 1,
2008. [2007 c 517 § 2.]
Finding—2007 c 517: "The legislature finds that the replacement of the
vulnerable state route number 520 corridor is a matter of urgency for the
safety of Washington’s traveling public and the needs of the transportation
system in central Puget Sound. The state route number 520 floating bridge
is susceptible to damage, closure, or even catastrophic failure from earthquakes, windstorms, and waves. Additionally, the bridge serves as a vital
route for vehicles to cross Lake Washington, carrying over three times its
design capacity in traffic, resulting in more than seven hours of congestion
per day.
Therefore, it is the conclusion of the legislature that time is of the
essence, and that Washington state cannot wait for a disaster to make it fully
appreciate the urgency of the need to replace this vulnerable structure. The
state must take the necessary steps to move forward with a state route number 520 bridge replacement project design that provides six total lanes, with
four general purpose lanes and two lanes that are for high occupancy vehicle
travel that could also accommodate high capacity transportation, and the
bridge shall also be designed to accommodate light rail in the future. High
occupancy vehicle lanes in the state route 520 corridor must also be able to
support a bus rapid transit system." [2007 c 517 § 1.]
47.01.412
47.01.408 State route No. 520 improvements—
Design requirements. (1) The state route number 520
bridge replacement and HOV project shall be designed to
provide six total lanes, with two lanes that are for transit and
high-occupancy vehicle travel, and four general purpose
lanes.
(2) The state route number 520 bridge replacement and
HOV project shall be designed to accommodate effective
connections for transit, including high capacity transit, to the
light rail station at the University of Washington. [2008 c
270 § 2.]
47.01.408
Finding—2008 c 270: "The legislature finds that the replacement of the
vulnerable state route number 520 bridge is a matter of urgency for the safety
of Washington’s traveling public and the needs of the transportation system
in central Puget Sound. The state route number 520 bridge is forty-four
years old and has a useful remaining life of between thirteen and eighteen
years. While one hundred fifteen thousand vehicles travel on the bridge each
day, there is an ever present likelihood that wind or an earthquake could suddenly destroy the bridge or render it unusable. Therefore, the state must
develop a comprehensive approach to fund a state route number 520 bridge
replacement to be constructed by 2018." [2008 c 270 § 1.]
47.01.410 State route No. 520 improvements—Multimodal transportation plan. As part of the state route number 520 bridge replacement and HOV project, the governor’s
office shall work with the department, sound transit, King
county metro, and the University of Washington, to plan for
high capacity transportation in the state route number 520
corridor. The parties shall jointly develop a multimodal
transportation plan that ensures the effective and efficient
coordination of bus services and light rail services throughout
the state route number 520 corridor. The plan shall include
alternatives for a multimodal transit station that serves the
state route number 520 - Montlake interchange vicinity, and
mitigation of impacts on affected parties. The high capacity
transportation planning work must be closely coordinated
with the state route number 520 bridge replacement and HOV
project’s environmental planning process, and must be completed within the current funding for the project. A draft plan
must be submitted to the governor and the joint transportation
committee by October 1, 2007. A final plan must be submitted to the governor and the joint transportation committee by
December 2008. [2007 c 517 § 6.]
47.01.410
Severability—2007 c 517: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 517 § 8.]
Effective date—2007 c 517: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2007]." [2007 c 517 § 9.]
47.01.406 State route No. 520 improvements—
Review of project design plans—Goals. In developing the
state route number 520 project impact plan provided in RCW
47.01.405, the mediator and associated planning staff shall
review the department’s project design plans in the draft
environmental impact statement for conformance with the
following legislative goals regarding the final design for the
state route number 520 bridge replacement and HOV project:
(1) Minimize the total footprint and width of the bridge,
and seek appropriate federal design variances to safety and
mobility standards, while complying with other federal laws;
(2) Minimize the project impact on surrounding neighborhoods, including incorporation of green lids and connectors, and minimize any increases in additional traffic volumes
through the Washington park arboretum and other adjacent
neighborhoods;
(3) Incorporate the recommendations of a health impact
assessment to calculate the project’s impact on air quality,
carbon emissions, and other public health issues, conducted
by the Puget Sound clean air agency and King county public
health;
(4) Ensure that the ultimate project configuration effectively prioritizes maintaining travel time, speed, and reliability on the two high occupancy vehicle lanes; and
(5) Clearly articulate in required environmental documents the alignment of the selected preferred alternative for
the state route number 520 bridge replacement and HOV
project and the footprint of the project and the affected areas.
[2007 c 517 § 3.]
47.01.406
Finding—Severability—Effective date—2007 c 517: See notes following RCW 47.01.405.
(2008 Ed.)
Finding—Severability—Effective date—2007 c 517: See notes following RCW 47.01.405.
47.01.412 State route No. 520 improvements—Tax
deferrals—Definition. (1)(a) Any person involved in the
construction of the state route number 520 bridge replacement and HOV project may apply for deferral of state and
local sales and use taxes on the site preparation for, the construction of, the acquisition of any related machinery and
equipment that will become a part of, and the rental of equipment for use in, the project.
(b) Application shall be made to the department of revenue in a form and manner prescribed by the department of
revenue. The application must contain information regarding
estimated or actual costs, time schedules for completion and
operation, and other information required by the department
of revenue. The department of revenue shall approve the
application within sixty days if it meets the requirements of
this section.
47.01.412
[Title 47 RCW—page 11]
47.01.415
Title 47 RCW: Public Highways and Transportation
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
imposed or authorized under chapters 82.08, 82.12, and 82.14
RCW and RCW 81.104.170 on the project.
(3) A person granted a tax deferral under this section
shall begin paying the deferred taxes in the fifth year after the
date certified by the department of revenue as the date on
which the project is operationally complete. The project is
operationally complete under this section when the replacement bridge is constructed and opened to traffic. The first
payment is due on December 31st of the fifth calendar year
after the certified date, with subsequent annual payments due
on December 31st of the following nine years. Each payment
shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of a person granted a
deferral under this section.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of any private entity granted a
deferral under this section.
(6) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section.
(7) For purposes of this section, "person" has the same
meaning as in RCW 82.04.030 and also includes the department of transportation. [2008 c 270 § 7.]
Finding—2008 c 270: See note following RCW 47.01.408.
47.01.415 State route No. 520 improvements—
Finance plan. The state route number 520 bridge replacement and HOV project finance plan must include state funding, federal funding, at least one billion dollars in regional
contributions, and revenue from tolling. The department
must provide a proposed finance plan to be tied to the estimated cost of the recommended project solutions, as provided under RCW 47.01.406, to the governor and the joint
transportation committee by January 1, 2008. [2007 c 517 §
7.]
47.01.415
Finding—Severability—Effective date—2007 c 517: See notes following RCW 47.01.405.
47.01.417 State route No. 520 improvements—
Finance plan—Revenue sources and savings recognition.
The state route number 520 bridge replacement and HOV
project finance plan must include:
(1) Recognition of revenue sources that include: One
billion seven hundred million dollars in state and federal
funds allocated to the project; one billion five hundred million dollars to two billion dollars in tolling revenue, including
early tolls that could begin in late 2009; eighty-five million
dollars in federal urban partnership grant funds; and other
contributions from private and other government sources;
and
(2) Recognition of savings to be realized from:
47.01.417
[Title 47 RCW—page 12]
(a) Potential early construction of traffic improvements
from the eastern Lake Washington shoreline to 108th Avenue
Northeast in Bellevue;
(b) Early construction of a single string of pontoons to
support two lanes that are for transit and high-occupancy
vehicle travel and four general purpose lanes;
(c) Preconstruction tolling to reduce total financing
costs; and
(d) A deferral of the sales taxes paid on construction
costs. [2008 c 270 § 3.]
Reviser’s note: This section was directed to be codified in chapter
47.56 RCW. Placement in chapter 47.01 RCW is more appropriate.
Finding—2008 c 270: See note following RCW 47.01.408.
47.01.420 Naming and renaming state transportation
facilities. (1) The commission may name or rename state
transportation facilities including, but not limited to: State
highways; state highway bridges, structures, and facilities;
state rest areas; and state roadside facilities, such as viewpoints. The commission must consult with the department
before taking final action to name or rename a state transportation facility.
(2)(a) The department, state and local governmental entities, citizen organizations, and any person may initiate the
process to name or rename a state transportation facility.
(b) For the commission to consider a naming or renaming proposal, the requesting entity or person must provide
sufficient evidence, as determined by the commission, indicating community support and acceptance of the proposal.
Evidence may include the following:
(i) Letters of support from state and federal legislators
representing the impacted area encompassing the state transportation facility;
(ii) Resolutions passed by local, publicly elected bodies
in the impacted area encompassing the state transportation
facility;
(iii) Department support; or
(iv) Supportive actions by or letters from local organizations including, but not limited to, local chambers of commerce and service clubs.
(3) After the commission takes final action in naming or
renaming a state transportation facility, the department shall
design and install the appropriate signs in accordance with
state and federal standards. [2007 c 33 § 1.]
47.01.420
47.01.430 Wounded combat veterans internship program. Subject to the availability of amounts appropriated for
this specific purpose, the department shall establish an internship program for returning wounded combat veterans. The
purpose of the program is to assist returning wounded combat
veterans by matching them with jobs within the department
that require their military skill sets and would be of benefit to
the department, or that would teach them new skills. The
jobs may include, but are not limited to, the following classifications: Engineering; construction trades; logistics; and
project planning. The emphasis of the program should be to
assist veterans who served in southern or central Asia, Operation Enduring Freedom; and the Persian Gulf, Operation
Iraqi Freedom. This program may assist with the placement
of wounded combat veterans as apprentices under RCW
39.04.320. The department may adopt rules under chapter
47.01.430
(2008 Ed.)
Department Buildings
34.05 RCW to implement the requirements of this section.
For the purposes of this section, "veteran" has the same
meaning as in RCW 41.04.005. [2007 c 92 § 1.]
47.01.440 Adoption of statewide goals to reduce
annual per capita vehicle miles traveled by 2050—
Department’s duties—Reports to the legislature. To support the implementation of RCW 47.04.280 and
47.01.078(4), the department shall adopt broad statewide
goals to reduce annual per capita vehicle miles traveled by
2050 consistent with the stated goals of executive order 0702. Consistent with these goals, the department shall:
(1) Establish the following benchmarks using a statewide baseline of seventy-five billion vehicle miles traveled
less the vehicle miles traveled attributable to vehicles
licensed under RCW 46.16.070 and weighing ten thousand
pounds or more, which are exempt from this section:
(a) Decrease the annual per capita vehicle miles traveled
by eighteen percent by 2020;
(b) Decrease the annual per capita vehicle miles traveled
by thirty percent by 2035; and
(c) Decrease the annual per capita vehicle miles traveled
by fifty percent by 2050;
(2) By July 1, 2008, establish and convene a collaborative process to develop a set of tools and best practices to
assist state, regional, and local entities in making progress
towards the benchmarks established in subsection (1) of this
section. The collaborative process must provide an opportunity for public review and comment and must:
(a) Be jointly facilitated by the department, the department of ecology, and the department of community, trade,
and economic development;
(b) Provide for participation from regional transportation
planning organizations, the Washington state transit association, the Puget Sound clean air agency, a statewide business
organization representing the sale of motor vehicles, at least
one major private employer that participates in the commute
trip reduction program, and other interested parties, including
but not limited to parties representing diverse perspectives on
issues relating to growth, development, and transportation;
(c) Identify current strategies to reduce vehicle miles
traveled in the state as well as successful strategies in other
jurisdictions that may be applicable in the state;
(d) Identify potential new revenue options for local and
regional governments to authorize to finance vehicle miles
traveled reduction efforts;
(e) Provide for the development of measurement tools
that can, with a high level of confidence, measure annual
progress toward the benchmarks at the local, regional, and
state levels, measure the effects of strategies implemented to
reduce vehicle miles traveled and adequately distinguish
between common travel purposes, such as moving freight or
commuting to work, and measure trends of vehicle miles
traveled per capita on a five-year basis;
(f) Establish a process for the department to periodically
evaluate progress toward the vehicle miles traveled benchmarks, measure achieved and projected emissions reductions,
and recommend whether the benchmarks should be adjusted
to meet the state’s overall goals for the reduction of greenhouse gas emissions;
47.01.440
(2008 Ed.)
Chapter 47.02
(g) Estimate the projected reductions in greenhouse gas
emissions if the benchmarks are achieved, taking into
account the expected implementation of existing state and
federal mandates for vehicle technology and fuels, as well as
expected growth in population and vehicle travel;
(h) Examine access to public transportation for people
living in areas with affordable housing to and from employment centers, and make recommendations for steps necessary
to ensure that areas with affordable housing are served by
adequate levels of public transportation; and
(i) By December 1, 2008, provide a report to the transportation committees of the legislature on the collaborative
process and resulting recommended tools and best practices
to achieve the reduction in annual per capita vehicle miles
traveled goals.
(3) Included in the December 1, 2008, report to the transportation committees of the legislature, the department shall
identify strategies to reduce vehicle miles traveled in the state
as well as successful strategies in other jurisdictions that may
be applicable in the state that recognize the differing urban
and rural transportation requirements.
(4) Prior to implementation of the goals in this section,
the department, in consultation with the department of community, trade, and economic development, cities, counties,
local economic development organizations, and local and
regional chambers of commerce, shall provide a report to the
appropriate committees of the legislature on the anticipated
impacts of the goals established in this section on the following:
(a) The economic hardship on small businesses as it
relates to the ability to hire and retain workers who do not
reside in the county in which they are employed;
(b) Impacts on low-income residents;
(c) Impacts on agricultural employers and their employees, especially on the migrant farmworker community;
(d) Impacts on distressed rural counties; and
(e) Impacts in counties with more than fifty percent of
the land base of the county in public or tribal lands. [2008 c
14 § 8.]
Findings—Intent—Scope of chapter 14, Laws of 2008—Severability—2008 c 14: See RCW 70.235.005, 70.235.900, and 70.235.901.
Chapter 47.02
Chapter 47.02 RCW
DEPARTMENT BUILDINGS
Sections
47.02.010
47.02.020
47.02.030
47.02.040
47.02.050
47.02.060
47.02.070
47.02.080
47.02.090
47.02.100
47.02.110
47.02.120
47.02.130
47.02.140
47.02.150
Buildings on east capitol site authorized—Financing.
Issuance and sale of limited obligation bonds.
Bonds—Term—Terms and conditions.
Bonds—Signatures—Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge of
excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Repayment procedure—Highway bond retirement
fund.
Bonds—Sums in excess of retirement requirements—Use.
Bonds—Appropriation from motor vehicle fund.
District 1 headquarters bonds—Issuance and sale.
District 1 headquarters bonds—Uses of proceeds.
District 1 headquarters bonds—Duties of state finance committee.
District 1 headquarters bonds—Proceeds, deposit and use.
[Title 47 RCW—page 13]
47.02.010
47.02.160
47.02.170
47.02.190
Title 47 RCW: Public Highways and Transportation
District 1 headquarters bonds—Statement of general obligation—Pledge of excise taxes.
District 1 headquarters bonds—Repayment procedure—Designated funds.
District 1 headquarters bonds—Equal charges against certain
revenues.
47.02.010 Buildings on east capitol site authorized—
Financing. The department is authorized in accordance with
the provisions of this chapter and RCW 79.24.500 through
79.24.600 to provide for the acquisition of land and the construction of buildings, laboratories, and facilities on the east
capitol site for the use of the commission and the department
and to finance payment thereof by bonds payable out of special funds from the proceeds of state excise taxes on motor
vehicle fuels, or by gifts, bequests, or grants or by such additional funds as the legislature may provide. [1984 c 7 § 83;
1977 ex.s. c 235 § 14; 1965 ex.s. c 167 § 1.]
47.02.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.02.020 Issuance and sale of limited obligation
bonds. In order to finance the immediate acquisition and
construction of the buildings and facilities referred to in
RCW 47.02.010 there shall be issued and sold limited obligation bonds of the state of Washington in the sum of four million dollars, or such amount thereof and at such times as
determined to be necessary by the state highway commission.
The issuance, sale and retirement of said bonds shall be under
the supervision and control of the state finance committee
which, upon request being made by the Washington state
highway commission, shall provide for the issuance, sale and
retirement of coupon or registered bonds to be dated, issued
and sold from time to time in such amounts as may be necessary for the orderly progress of said project. [1965 ex.s. c 167
§ 2.]
47.02.020
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.02.030 Bonds—Term—Terms and conditions.
Each of such bonds shall be made payable at any time not
exceeding thirty years from the date of its issuance with such
reserved rights of prior redemption, bearing such interest, and
such terms and conditions as the state finance committee may
prescribe, to be specified therein. [1965 ex.s. c 167 § 3.]
47.02.050 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and may be sold in
such manner and in such amounts and at such times and on
such terms and conditions as the committee may prescribe. If
bonds are sold to any purchaser other than the state of Washington, they shall be sold at public sale, and it shall be the
duty of the state finance committee to cause such sale to be
advertised in such manner as it shall deem sufficient. Bonds
issued under the provisions of this chapter shall be legal
investment for any of the funds of the state, except the permanent school fund. [1965 ex.s. c 167 § 5.]
47.02.050
47.02.060 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be deposited in the state treasury to the credit of the motor vehicle
fund and such money shall be available only for the acquisition of the land and construction of the buildings and facilities referred to in RCW 47.02.010, and for payment of the
expenses incurred in the drafting, printing, issuance and sale
of any such bonds. [1965 ex.s. c 167 § 6.]
47.02.060
47.02.070 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of this chapter shall distinctly state that they are
not a general obligation of the state but are payable in the
manner provided in this chapter from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter 82.36
and *chapter 82.40 RCW. The proceeds of such excise taxes
are hereby pledged to the payment of any bonds and the interest thereon issued under the provisions of this chapter and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay, when due, the principal and interest on all bonds issued
under the provisions of this chapter. [1965 ex.s. c 167 § 7.]
47.02.070
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33; for later enactment, see chapter 82.38 RCW.
47.02.030
47.02.040 Bonds—Signatures—Registration—
Where payable—Negotiable instruments. The bonds shall
be signed by the governor and the state treasurer under the
seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and
any coupons attached to such bond shall be signed by the
same officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee
may provide. All bonds issued hereunder shall be fully negotiable instruments. [1965 ex.s. c 167 § 4.]
47.02.040
[Title 47 RCW—page 14]
47.02.080 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due, shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle fuels and which
is, or may be appropriated to the department for state highway purposes, and shall never constitute a charge against any
allocations of such funds to counties, cities, and towns unless
and until the amount of the motor vehicle fund arising from
the excise taxes on motor vehicle fuels and available for state
highway purposes proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
[1984 c 7 § 84; 1965 ex.s. c 167 § 8.]
47.02.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.02.090 Bonds—Repayment procedure—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate the percentage of the receipts in money of the motor
vehicle fund, resulting from collection of excise taxes on
47.02.090
(2008 Ed.)
Department Buildings
motor vehicle fuels, for each month of the year which will be
required to meet interest or bond payments under the provisions of this chapter when due, and shall notify the state treasurer of such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle fuels
of the motor vehicle fund to the highway bond retirement
fund, which fund shall be available solely for payment of
such interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1965 ex.s. c 167 § 9.]
47.02.100 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor fuels payable
into the highway bond retirement fund shall prove more than
is required for the payment of interest on bonds when due or
current retirement of bonds, or in the event there is appropriated from time to time additional amounts to be placed in the
said bond retirement fund, any excess may, in the discretion
of the state finance committee, be available for the prior
redemption of any bonds or remain available in the fund to
reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1965 ex.s. c 167 § 10.]
47.02.100
47.02.110 Bonds—Appropriation from motor vehicle fund. There is hereby appropriated from the motor vehicle fund to the state highway commission for the biennium
ending June 30, 1967, the sum of four million dollars, or so
much thereof as may be necessary to carry out the provisions
of this chapter, but no money shall be available under this
appropriation from said fund unless a like amount of bonds
provided for herein are sold and the money derived therefrom
deposited to the credit of such fund. [1965 ex.s. c 167 § 11.]
47.02.110
47.02.120 District 1 headquarters bonds—Issuance
and sale. For the purpose of providing funds for the acquisition of headquarters facilities for district 1 of the department
of transportation and costs incidental thereto, together with
all improvements and equipment required to make the facilities suitable for the department’s use, there shall be issued
and sold upon the request of the secretary of the department
of transportation a total of fifteen million dollars of general
obligation bonds of the state of Washington. [2006 c 334 §
39; 1990 c 293 § 1.]
47.02.120
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—1990 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 293 § 10.]
47.02.130 District 1 headquarters bonds—Uses of
proceeds. Authorized uses of proceeds from the sale of
bonds authorized in RCW 47.02.120 through 47.02.190
include but are not limited to repayment to the motor vehicle
47.02.130
(2008 Ed.)
47.02.160
fund for the initial financing of the headquarters facilities.
[1999 c 94 § 11; 1990 c 293 § 2.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.140 District 1 headquarters bonds—Duties of
state finance committee. Upon the request of the secretary
of the department of transportation, the state finance committee shall supervise and provide for the issuance, sale, and
retirement of the bonds authorized by RCW 47.02.120
through 47.02.190 in accordance with chapter 39.42 RCW.
Bonds authorized by RCW 47.02.120 through 47.02.190
shall be sold in such manner, at such time or times, in such
amounts, and at such price as the state finance committee
shall determine. Except for the purpose of repaying the loan
from the motor vehicle fund, no such bonds may be offered
for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2006 c 334 § 40; 1990 c 293 § 3.]
47.02.140
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.150 District 1 headquarters bonds—Proceeds,
deposit and use. The proceeds from the sale of bonds authorized by RCW 47.02.120 through 47.02.190 shall be available only for the purposes enumerated in RCW 47.02.120
and 47.02.130; for the payment of bond anticipation notes, if
any; and for the payment of bond issuance costs, including
the costs of underwriting. Proceeds shall be deposited in the
motor vehicle fund. [1999 c 94 § 12; 1990 c 293 § 4.]
47.02.150
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.160 District 1 headquarters bonds—Statement
of general obligation—Pledge of excise taxes. Bonds
issued under the authority of RCW 47.02.120 through
47.02.190 shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and
credit of the state to the payment of the principal thereof and
the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall
become due. The principal and interest on the bonds shall be
first payable in the manner provided in RCW 47.02.120
through 47.02.190 from the proceeds of the state excise taxes
on motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. Proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under the authority of RCW 47.02.120 through
47.02.190, and the legislature agrees to continue to impose
these excise taxes on motor vehicle and special fuels in
amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of RCW 47.02.120
through 47.02.190. [1995 c 274 § 5; 1990 c 293 § 5.]
47.02.160
[Title 47 RCW—page 15]
47.02.170
Title 47 RCW: Public Highways and Transportation
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.170 District 1 headquarters bonds—Repayment procedure—Designated funds. Both principal and
interest on the bonds issued for the purposes of RCW
47.02.120 through 47.02.190 shall be payable from the highway bond retirement fund. The state finance committee may
provide that a special account be created in the fund to facilitate payment of the principal and interest. The state finance
committee shall, on or before June 30th of each year, certify
to the state treasurer the amount required for principal and
interest on the bonds in accordance with the bond proceedings. The state treasurer shall withdraw revenues from the
motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund, such amounts,
and at such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.02.120 through 47.02.190 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the state under
RCW 46.68.130. Funds required shall never constitute a
charge against any other allocations of motor vehicle fuel and
special fuel tax revenues to the state, counties, cities, and
towns unless the amount arising from excise taxes on motor
vehicle and special fuels distributed to the state under RCW
46.68.130 proves insufficient to meet the requirements for
bond retirement or interest on any such bonds. [1990 c 293 §
6.]
47.02.170
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.190 District 1 headquarters bonds—Equal
charges against certain revenues. Bonds issued under the
authority of RCW 47.02.120 through *47.02.180 and this
section and any other general obligation bonds of the state of
Washington that have been or that may be authorized and that
pledge motor vehicle and special fuels excise taxes for the
payment of principal and interest thereon shall be an equal
charge against the revenues from such motor vehicle and special fuels excise taxes. [1990 c 293 § 8.]
47.02.190
*Reviser’s note: RCW 47.02.180 was repealed by 1999 c 94 § 33,
effective July 1, 1999.
Severability—1990 c 293: See note following RCW 47.02.120.
Chapter 47.04
Chapter 47.04 RCW
GENERAL PROVISIONS
Sections
47.04.010
47.04.015
47.04.020
47.04.040
47.04.045
47.04.046
47.04.047
47.04.050
47.04.060
47.04.070
47.04.080
47.04.081
47.04.082
47.04.083
Definitions.
Change of meaning, certain terms.
Classification of highways.
Title to rights-of-way vested in state.
Wireless service facilities—Right-of-way leases—Rules.
Wireless site leases—Pending applications.
Personal wireless service facilities.
Acceptance of federal acts.
Administration of federal grants.
Conformity with federal requirements.
Joint action with other governments and agencies.
Urban public transportation systems—Participation in planning, development, and establishment.
Urban public transportation systems—Defined.
Urban public transportation systems—Declaration of public
policy—Use of motor vehicle, city street, or county road
funds.
[Title 47 RCW—page 16]
47.04.090
47.04.100
47.04.140
47.04.150
47.04.160
47.04.170
47.04.180
47.04.190
47.04.200
47.04.210
47.04.220
47.04.230
47.04.235
47.04.240
47.04.250
47.04.260
47.04.270
47.04.280
47.04.290
Penalty.
Temporary route pending construction of new highway—
Streets, roads not to be maintained as.
Counties obtaining federal aid for construction, reconstruction, etc., of ferry boats or approaches.
Outstanding bonds—Savings.
Lewis and Clark bridge.
Federal agreements for public transportation, rail transportation.
Twenty-four hour headlight policy.
Bicycle transportation management program.
Bicycle program manager.
Reimbursable transportation expenditures—Processing and
accounting.
Miscellaneous transportation programs account.
Dredge spoils—Cowlitz County.
Dredge spoils—Castle Rock.
Public transportation information—Confidentiality.
Assaults by motorists on department employees.
Latecomer fees.
Tire chain installation and removal.
Transportation system policy goals.
Park and ride lot accommodation.
Mobile home or park model trailer movement permits and decals: RCW
46.44.170, 46.44.175.
47.04.010 Definitions. The following words and
phrases, wherever used in this title, shall have the meaning as
in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless
otherwise defined in the chapter of which they are a part:
(1) "Alley." A highway within the ordinary meaning of
alley not designated for general travel and primarily used as a
means of access to the rear of residences and business establishments;
(2) "Arterial highway." Every highway, as herein
defined, or portion thereof designated as such by proper
authority;
(3) "Business district." The territory contiguous to and
including a highway, as herein defined, when within any six
hundred feet along such highway there are buildings in use
for business or industrial purposes, including but not limited
to hotels, banks, or office buildings, railroad stations, and
public buildings which occupy at least three hundred feet of
frontage on one side or three hundred feet collectively on
both sides of the highway;
(4) "Center line." The line, marked or unmarked parallel
to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by
painted lines or markers;
(5) "Center of intersection." The point of intersection of
the center lines of the roadways of intersecting highways;
(6) "City street." Every highway as herein defined, or
part thereof located within the limits of incorporated cities
and towns, except alleys;
(7) "Combination of vehicles." Every combination of
motor vehicle and motor vehicle, motor vehicle and trailer, or
motor vehicle and semitrailer;
(8) "Commercial vehicle." Any vehicle the principal use
of which is the transportation of commodities, merchandise,
produce, freight, animals, or passengers for hire;
(9) "County road." Every highway as herein defined, or
part thereof, outside the limits of incorporated cities and
towns and which has not been designated as a state highway,
or branch thereof;
(10) "Crosswalk." The portion of the roadway between
the intersection area and a prolongation or connection of the
47.04.010
(2008 Ed.)
General Provisions
farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk;
(11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open
as a matter of right to public vehicular travel both inside and
outside the limits of incorporated cities and towns;
(12) "Intersection area." (a) The area embraced within
the prolongation or connection of the lateral curb lines, or, if
none, then the lateral boundary lines of the roadways of two
or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may
come in conflict;
(b) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or
more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection;
(c) The junction of an alley with a street or highway shall
not constitute an intersection;
(13) "Intersection control area." The intersection area as
herein defined, together with such modification of the adjacent roadway area as results from the arc or curb corners and
together with any marked or unmarked crosswalks adjacent
to the intersection;
(14) "Laned highway." A highway the roadway of
which is divided into clearly marked lanes for vehicular traffic;
(15) "Local authorities." Every county, municipal, or
other local public board or body having authority to adopt
local police regulations under the Constitution and laws of
this state;
(16) "Marked crosswalk." Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other
markings on the surface thereof;
(17) "Metal tire." Every tire, the bearing surface of
which in contact with the highway is wholly or partly of
metal or other hard, nonresilient material;
(18) "Motor truck." Any motor vehicle, as herein
defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;
(19) "Motor vehicle." Every vehicle, as herein defined,
which is in itself a self-propelled unit;
(20) "Multiple lane highway." Any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the
same direction, each lane of which shall be not less than the
maximum legal vehicle width, and whether or not such lanes
are marked;
(21) "Operator." Every person who drives or is in actual
physical control of a vehicle as herein defined;
(22) "Peace officer." Any officer authorized by law to
execute criminal process or to make arrests for the violation
of the statutes generally or of any particular statute or statutes
relative to the highways of this state;
(23) "Pedestrian." Any person afoot or who is using a
wheelchair, power wheelchair as defined in RCW 46.04.415,
(2008 Ed.)
47.04.010
or a means of conveyance propelled by human power other
than a bicycle;
(24) "Person." Every natural person, firm, copartnership, corporation, association, or organization;
(25) "Personal wireless service." Any federally licensed
personal wireless service;
(26) "Personal wireless service facilities." Unstaffed
facilities that are used for the transmission or reception, or
both, of personal wireless services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
(27) "Pneumatic tires." Every tire of rubber or other
resilient material designed to be inflated with compressed air
to support the load thereon;
(28) "Private road or driveway." Every way or place in
private ownership and used for travel of vehicles by the
owner or those having express or implied permission from
the owner, but not by other persons;
(29) "Railroad." A carrier of persons or property upon
vehicles, other than streetcars, operated upon stationary rails,
the route of which is principally outside incorporated cities
and towns;
(30) "Railroad sign or signal." Any sign, signal, or
device erected by authority of a public body or official or by
a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
(31) "Residence district." The territory contiguous to
and including the highway, as herein defined, not comprising
a business district, as herein defined, when the property on
such highway for a continuous distance of three hundred feet
or more on either side thereof is in the main improved with
residences or residences and buildings in use for business;
(32) "Roadway." The paved, improved, or proper driving portion of a highway designed, or ordinarily used for
vehicular travel;
(33) "Safety zone." The area or space officially set apart
within a roadway for the exclusive use of pedestrians and
which is protected or is marked or indicated by painted
marks, signs, buttons, standards, or otherwise so as to be
plainly discernible;
(34) "Sidewalk." That property between the curb lines or
the lateral lines of a roadway, as herein defined, and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
(35) "Solid tire." Every tire of rubber or other resilient
material which does not depend upon inflation with compressed air for the support of the load thereon;
(36) "State highway." Every highway as herein defined,
or part thereof, which has been designated as a state highway,
or branch thereof, by legislative enactment;
(37) "Streetcar." A vehicle other than a train, as herein
defined, for the transporting of persons or property and operated upon stationary rails principally within incorporated cities and towns;
(38) "Traffic." Pedestrians, ridden or herded animals,
vehicles, streetcars, and other conveyances either singly or
together while using any highways for purposes of travel;
(39) "Traffic control signal." Any traffic device, as
herein defined, whether manually, electrically, or mechani[Title 47 RCW—page 17]
47.04.015
Title 47 RCW: Public Highways and Transportation
cally operated, by which traffic alternately is directed to stop
or proceed or otherwise controlled;
(40) "Traffic devices." All signs, signals, markings, and
devices not inconsistent with this title placed or erected by
authority of a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding traffic;
(41) "Train." A vehicle propelled by steam, electricity,
or other motive power with or without cars coupled thereto,
operated upon stationary rails, except street cars;
(42) "Vehicle." Every device capable of being moved
upon a highway and in, upon, or by which any person or
property is or may be transported or drawn upon a highway,
excepting power wheelchairs, as defined in RCW 46.04.415,
or devices moved by human or animal power or used exclusively upon stationary rails or tracks.
Words and phrases used herein in the past, present, or
future tense shall include the past, present, and future tenses;
words and phrases used herein in the masculine, feminine, or
neuter gender shall include the masculine, feminine, and neuter genders; and words and phrases used herein in the singular
or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary. [2003 c 244 § 2;
2003 c 141 § 8; 1975 c 62 § 50; 1967 ex.s. c 145 § 42; 1961 c
13 § 47.04.010. Prior: 1937 c 53 § 1; RRS § 6400-1.]
Reviser’s note: This section was amended by 2003 c 141 § 8 and by
2003 c 244 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1975 c 62: See note following RCW 36.75.010.
Aeronautics, definitions relating to: RCW 47.68.020.
Canal, defined: RCW 47.72.060.
Department, commission, secretary—Defined: RCW 47.01.021.
Ferry workers, marine employees, definitions relating to: RCW 47.64.011.
Junkyards, definitions relating to: RCW 47.41.020.
Limited access facilities, definitions relating to: RCW 46.52.010.
Signs and scenic vistas, definitions relating to: RCW 47.42.020.
Toll bridges, roads, definitions relating to: RCW 47.56.010.
Urban arterials, definitions relating to: RCW 47.26.040, 47.26.090,
47.26.100, 47.26.110.
Urban public transportation systems—Defined: RCW 47.04.082.
47.04.015 Change of meaning, certain terms. Unless
the language specifically indicates otherwise, or unless the
context plainly requires a different interpretation:
Wherever in Title 47 RCW or in any provision in the
Revised Code of Washington the term "Washington state
highway commission", "the state highway commission", "the
highway commission", "the commission" (when referring to
the Washington state highway commission), "the department
of highways", "Washington toll bridge authority", or "the
authority" (when referring to the Washington toll bridge
authority) is used, it shall mean the department of transportation created in RCW 47.01.031.
Wherever in Title 47 RCW or in any provision in the
Revised Code of Washington the term "director of highways"
is used, it shall mean the secretary of transportation, whose
office is created in RCW 47.01.041. [1977 ex.s. c 151 § 23.]
47.04.015
47.04.020 Classification of highways. All public highways in the state of Washington, or portions thereof, outside
47.04.020
[Title 47 RCW—page 18]
incorporated cities and towns shall be divided and classified
as state highways and county roads. All state highways and
branches thereof shall be established by the legislature of the
state of Washington by appropriate general location and termini. Any prior distinctions between highways as primary or
secondary are hereby abolished. All powers granted to, or
duties imposed upon, the department with regard to either
primary or secondary state highways shall be construed to
relate to all state highways. Whenever these terms are used,
either jointly or independently, each shall be construed to
include all state highways. All public highways in the state of
Washington, or portions thereof, outside incorporated cities
and towns, not established as state highways, are hereby
declared to be county roads. [1984 c 7 § 85; 1967 ex.s. c 145
§ 41; 1963 c 24 § 3; 1961 c 13 § 47.04.020. Prior: 1937 c 207
§ 1; RRS § 6402-1; 1937 c 53 § 5; RRS § 6400-5; 1913 c 65
§ 1; RRS § 6790.]
Severability—1984 c 7: See note following RCW 47.01.141.
Highway designation system—Signs: RCW 47.36.095.
47.04.040 Title to rights-of-way vested in state. Upon
and after April 1, 1937, all rights-of-way of any primary state
highways, together with all appurtenances thereto, the right
or interest in or to which was, or is, in any county, road district, township, local improvement district, or other highway
or road district or political subdivision of the state of Washington shall be and the same is hereby transferred to and
vested in the state of Washington for use in conjunction with
such primary state highways under the department of transportation.
All public highways in the state of Washington which
have been designated to be primary state highways or secondary state highways or classified as primary roads and
which have been constructed and improved and maintained
for a period of seven years prior to April 1, 1937, at the
expense of the state shall operate to vest in the state of Washington all right, title, and interest to the right of ways thereof,
including the roadway and ditches and existing drainage
facilities, together with all appurtenances thereto and no
informalities in the records of title to such public highways
shall be construed to invalidate or vacate such public highways or to divest the state of Washington of any right, title
and interest in the right-of-way thereof. [1979 ex.s. c 30 § 7;
1961 c 13 § 47.04.040. Prior: 1937 c 53 § 29; RRS § 640029.]
47.04.040
47.04.045 Wireless service facilities—Right-of-way
leases—Rules. (1) For the purposes of this section:
(a) "Right-of-way" means all state-owned land within a
state highway corridor.
(b) "Service provider" means every corporation, company, association, joint stock association, firm, partnership,
or person that owns, operates, or manages any personal wireless service facility. "Service provider" includes a service
provider’s contractors, subcontractors, and legal successors.
(2) The department shall establish a process for issuing a
lease for the use of the right-of-way by a service provider and
shall require that telecommunications equipment be colocated on the same structure whenever practicable. Consistent with federal highway administration approval, the lease
47.04.045
(2008 Ed.)
General Provisions
must include the right of direct ingress and egress from the
highway for construction and maintenance of the personal
wireless service facility during nonpeak hours if public safety
is not adversely affected. Direct ingress and egress may be
allowed at any time for the construction of the facility if public safety is not adversely affected and if construction will not
substantially interfere with traffic flow during peak traffic
periods. The lease may specify an indirect ingress and egress
to the facility if it is reasonable and available for the particular location.
(3) The cost of the lease must be limited to the fair market value of the portion of the right-of-way being used by the
service provider and the direct administrative expenses
incurred by the department in processing the lease application.
If the department and the service provider are unable to
agree on the cost of the lease, the service provider may submit the cost of the lease to binding arbitration by serving written notice on the department. Within thirty days of receiving
the notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on
an arbitrator, each party shall select one arbitrator and the two
arbitrators shall select a third arbitrator for an arbitration
panel. The arbitrator or panel shall determine the cost of the
lease based on comparable siting agreements. Costs of the
arbitration, including compensation for the arbitrator’s services, must be borne equally by the parties participating in
the arbitration and each party shall bear its own costs and
expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.
(4) The department shall act on an application for a lease
within sixty days of receiving a completed application, unless
a service provider consents to a different time period.
(5) The reasons for a denial of a lease application must
be supported by substantial evidence contained in a written
record.
(6) The department may adopt rules to implement this
section.
(7) All lease money paid to the department under this
section shall be deposited in the motor vehicle fund created in
RCW 46.68.070. [2003 c 244 § 5.]
47.04.046 Wireless site leases—Pending applications.
Applications for wireless site leases pending on July 27,
2003, must be treated as applications under RCW 47.04.045
with the consent of the applicant. [2003 c 244 § 8.]
47.04.046
47.04.047 Personal wireless service facilities. Personal wireless service is a critical part of the state’s infrastructure. The rapid deployment of personal wireless service
facilities is critical to ensure public safety, network access,
quality of service, and rural economic development.
It is the declared policy of this state to assure that the use
of rights-of-way of state highways accommodate the deployment of personal wireless service facilities consistent with
highway safety and the preservation of the public investment
in state highway facilities. [2004 c 131 § 2.]
47.04.047
47.04.050 Acceptance of federal acts. The state of
Washington hereby assents to the purposes, provisions, terms
47.04.050
(2008 Ed.)
47.04.080
and conditions of the grant of money provided in an act of
congress entitled: "An act to provide that the United States
shall aid the states in the construction of rural post roads, and
for other purposes," approved July 11, 1916, and all acts,
grants and appropriations amendatory and supplementary
thereto and affecting the state of Washington. [1961 c 13 §
47.04.050. Prior: 1937 c 53 § 43; RRS § 6400-43; 1917 c 76
§ 1; RRS § 6844.]
47.04.060 Administration of federal grants. The
department is authorized and directed to act for and on behalf
of the state of Washington, and any political subdivision of
the state, in all things pertaining to the selection, construction, and maintenance of highways and roads under the provisions of the act of congress approved July 11, 1916, and
any and all acts amendatory thereto; and to enter into such
agreement with the secretary of transportation or other duly
authorized agent of the United States as may from time to
time be desirable or necessary to secure the money or aid for
any section of state highway, county road, or city or town
street selected by law for construction or improvement
through an appropriation for the period in which the construction or improvement is to be made. The money shall be
added to and expended in connection with the appropriation
aforesaid; and shall apply thereto, as may be required, cooperative expenditures from the motor vehicle fund, which may
have been appropriated by the state legislature, and from any
highway, road, or street fund of any political subdivision, and
which are available for the construction and maintenance of
any section of state highway, county road, or city or town
street selected as aforesaid for such aid and improvement.
[1984 c 7 § 86; 1961 c 13 § 47.04.060. Prior: 1937 c 53 § 47;
RRS § 6400-47; 1917 c 76 § 5, part; RRS § 6848, part.]
47.04.060
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.070 Conformity with federal requirements. In
all matters relating to the cooperative construction or
improvement of any state highway, county road, or city or
town street for which federal funds or aid is secured under
any act of congress, the department shall act in the manner
provided by state law relating to state highway construction
from the motor vehicle fund, so far as the same may be consistent with the provisions of such act of congress and the
rules and regulations made by the secretary of transportation
or other authorized agent of the United States government
pursuant to such act, to which the procedure shall be adapted
by the department as may be necessary. [1984 c 7 § 87; 1961
c 13 § 47.04.070. Prior: 1937 c 53 § 44; RRS § 6400-44;
1917 c 76 § 5, part; RRS § 6848, part.]
47.04.070
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.080 Joint action with other governments and
agencies. The department is empowered to join financially
or otherwise with any other state or any county, city, or town
of any other state, or with any foreign country, or any province or district of any foreign country, or with the federal
government or any agency thereof, or with any or all thereof,
for the erecting, constructing, operating, or maintaining of
any bridge, trestle, or any other structure, for the continuation
or connection of any state highway across any stream, body
47.04.080
[Title 47 RCW—page 19]
47.04.081
Title 47 RCW: Public Highways and Transportation
of water, gulch, navigable water, swamp, or other topographical formation requiring any such structure and forming a
boundary between the state of Washington and any other
state or foreign country, and for the purchase or condemnation of right-of-way therefor. [1984 c 7 § 88; 1973 1st ex.s. c
151 § 11; 1961 c 13 § 47.04.080. Prior: 1937 c 53 § 47 1/2;
RRS § 6400-47 1/2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.081 Urban public transportation systems—
Participation in planning, development, and establishment. The department is empowered to join financially or
otherwise with any public agency or any county, city, or town
in the state of Washington or any other state, or with the federal government or any agency thereof, or with any or all
thereof for the planning, development, and establishment of
urban public transportation systems in conjunction with new
or existing highway facilities. [1984 c 7 § 89; 1967 c 108 §
13; 1965 ex.s. c 170 § 63.]
47.04.081
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.04.082 Urban public transportation systems—
Defined. As used in *this act the term "urban public transportation system" shall mean a system for the public transportation of persons or property by buses, streetcars, trains,
electric trolley coaches, other public transit vehicles, or any
combination thereof operating in or through predominantly
urban areas and owned and operated by the state, any city or
county or any municipal corporation of the state, including all
structures, facilities, vehicles and other property rights and
interest forming a part of such a system. [1967 c 108 § 1.]
47.04.082
*Reviser’s note: For codification of "this act" [1967 c 108], see Codification Tables, Volume 0.
47.04.083 Urban public transportation systems—
Declaration of public policy—Use of motor vehicle, city
street, or county road funds. The separate and uncoordinated development of public highways and urban public
transportation systems is wasteful of this state’s natural and
financial resources. It is the public policy of this state to
encourage wherever feasible the joint planning, construction
and maintenance of public highways and urban public transportation systems serving common geographical areas as
joint use facilities. To this end the legislature declares it to be
a highway purpose to use motor vehicle funds, city and town
street funds or county road funds to pay the full proportionate
highway, street or road share of the costs of design, right-ofway acquisition, construction and maintenance of any highway, street or road to be used jointly with an urban public
transportation system. [1967 c 108 § 2.]
47.04.083
47.04.090 Penalty. It is a misdemeanor for any person
to violate any of the provisions of this title unless specifically
provided otherwise by this title or other law of this state.
Unless another penalty is provided in this title, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished in accordance with chapter
9A.20 RCW. [1989 c 224 § 2; 1961 c 13 § 47.04.090. Prior:
1937 c 53 § 95; RRS § 6400-95.]
47.04.090
[Title 47 RCW—page 20]
47.04.100 Temporary route pending construction of
new highway—Streets, roads not to be maintained as.
Unless otherwise provided, whenever by statute a new highway or extension is added to the state highway system, no
existing city street or county road may be maintained or
improved by the department as a temporary route of such new
highway or extension pending the construction of the new
highway or extension on the location adopted by the department. [1984 c 7 § 90; 1973 1st ex.s. c 151 § 12; 1965 ex.s. c
170 § 34.]
47.04.100
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.140 Counties obtaining federal aid for construction, reconstruction, etc., of ferry boats or
approaches. Whenever a county that operates or proposes to
operate ferries obtains federal aid for the construction, reconstruction, or modification of any ferry boat or approaches
thereto under Title 23, United States Code, the following provisions apply to the county’s operation of its ferries:
(1) The county shall obtain from the department a franchise authorizing the ferry operations. The county’s application for a franchise or amended franchise shall designate all
ferry routes it proposes to operate. The department shall issue
the franchise or amended franchise for the operation of each
route that it finds is not otherwise served by adequate transportation facilities. A county may terminate any ferry route
without approval of the department.
(2) At least ninety days before applying for federal aid
for the construction, reconstruction, or modification of any of
its ferries or approaches thereto, and thereafter whenever new
tolls or charges are proposed for use of its ferries, the county
shall file with the department, the current or proposed schedule of tolls and charges for use of its ferries. Such tolls and
charges shall be deemed approved by the department unless it
finds that the aggregate revenues to be derived from the
county’s ferry operations will exceed the amount required to
pay the actual and necessary costs of operation, maintenance,
administration, and repair of the county’s ferries and their
appurtenances. [1989 c 62 § 1; 1984 c 7 § 91; 1975-’76 2nd
ex.s. c 65 § 1.]
47.04.140
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.150 Outstanding bonds—Savings. While any
bonds, whether definitive, temporary, or interim, or warrants,
certificates, or receipts of any denomination, with or without
coupons attached heretofore issued by the state aeronautics
commission, the toll bridge authority, the highway commission, or any of the other agencies whose functions are transferred to the department of transportation by RCW
47.01.031, remain outstanding, the powers and duties relating
thereto of such agencies or of any official or employee
thereof transferred by *RCW 47.01.111 to the department of
transportation, or any powers and duties of any other state
official or state agency with respect to such bonds, warrants,
certificates, or receipts shall not be diminished or impaired in
any manner that will adversely affect the interests and rights
of the holders of such bonds, warrants, certificates, or
receipts. The holder of any such bond, warrant, certificate, or
receipt may by mandamus or other appropriate proceeding
require the performance by the department of transportation,
47.04.150
(2008 Ed.)
General Provisions
or other appropriate state official or agency, of any of the
duties heretofore imposed upon any state department, official, or employee under the terms of any such prior bond,
warrant, certificate, or receipt agreement or sale: PROVIDED, That the enumeration of such rights and remedies
herein shall not be deemed to exclude the exercise or prosecution of any other rights or remedies by the holders of such
bonds, warrants, certificates, or receipts. [1977 ex.s. c 151 §
19.]
*Reviser’s note: RCW 47.01.111 was decodified pursuant to 1985 c 6
§ 26.
47.04.160 Lewis and Clark bridge. In commemoration of the 175th anniversary of captains Meriwether Lewis
and William Clark’s epic journey from Wood River, Illinois,
to Cape Disappointment, Washington, and to fully honor the
expedition’s passing the present location of the city of Longview, Washington, in November, 1805, and to couple this
commemoration with the dedication of the bridge from Longview, Washington, to Rainier, Oregon, on March 29, 1930,
the official name of this bridge is changed from the Longview-Columbia bridge to the Lewis and Clark bridge. [1980
c 5 § 1.]
47.04.160
47.04.170 Federal agreements for public transportation, rail transportation. The department of transportation
is authorized to enter into and perform agreements with federal agencies as may be necessary to secure federal grants,
loans, or other assistance on its own behalf or on behalf of
other public or private recipients for:
(1) Public transportation purposes, including but not limited to, bus transportation, specialized transportation services
for the elderly and handicapped, and ride sharing activities;
and
(2) Rail transportation. [1985 c 20 § 1.]
47.04.170
47.04.180 Twenty-four hour headlight policy. On the
recommendation of their public works departments or designees, counties or cities can petition the department of transportation to create a "twenty-four hour headlight policy" on
state highways in their respective jurisdictions. The department shall develop criteria for approval or disapproval, such
as traffic volume, accident statistics, and costs of signs. The
department shall notify all counties about this program.
A jurisdiction requesting such a policy shall periodically
report to the department regarding its educational efforts. A
jurisdiction may petition the department to remove such a
policy.
The jurisdiction shall educate its citizens on the "twentyfour hour headlight policy." The department shall place and
maintain appropriate signs along the designated highway.
Participating jurisdictions shall share in the cost of signing in
an amount as determined by the department. [1998 c 245 §
94; 1989 c 195 § 1.]
47.04.180
47.04.190 Bicycle transportation management program. (1) The department of transportation is responsible for
the initiation, coordination, and operation of a bicycle transportation management program.
47.04.190
(2008 Ed.)
47.04.210
(2) To assist in the operation of the bicycle transportation
management program, a full-time staff position of state bicycle program manager is established within the department of
transportation. [1991 c 214 § 5.]
Bicycle awareness program: RCW 43.43.390.
Pavement marking standards: RCW 47.36.280.
47.04.200 Bicycle program manager. The state bicycle program manager shall:
(1) Design programs that encourage the use of bicycling
for transportation;
(2) Coordinate bicycle safety related programs and bicycle tourism programs in all state agencies;
(3) Assist the department of transportation and the cities
and counties of the state in assigning priorities to, programming, and developing bicycle-related projects;
(4) Serve as a clearinghouse for bicycle program information and resources;
(5) Provide assistance in revising and updating bicycle
material of the superintendent of public instruction and the
state patrol;
(6) Promote the use of bicycle helmets of a type certified
to meet the requirements of standard Z-90.4 of the American
National Standards Institute or such subsequent nationally
recognized standard for bicycle helmet performance; and
(7) Promote bicycle safety equipment. [1991 c 214 § 6.]
47.04.200
47.04.210 Reimbursable transportation expenditures—Processing and accounting. Federal funds that are
administered by the department of transportation and are
passed through to municipal corporations or political subdivisions of the state and moneys that are received as total reimbursement for goods, services, or projects constructed by the
department of transportation are removed from the transportation budget. To process and account for these expenditures
a new treasury trust account is created to be used for all
department of transportation one hundred percent federal and
local reimbursable transportation expenditures. This new
account is nonbudgeted and nonappropriated. At the same
time, federal and private local appropriations and full-time
equivalents in subprograms R2, R3, T6, Y6, and Z2 processed through this new account are removed from the
department of transportation’s 1997-99 budget.
The department of transportation may make expenditures from the account before receiving federal and local
reimbursements. However, at the end of each biennium, the
account must maintain a zero or positive cash balance. In the
twenty-fourth month of each biennium the department of
transportation shall calculate and transfer sufficient cash
from either the motor vehicle fund or the multimodal transportation account to cover any negative cash balances. The
amount transferred is calculated based on expenditures from
each fund. In addition, any interest charges accruing to the
new account must be distributed to the motor vehicle fund
and the multimodal transportation account.
The department of transportation shall provide an annual
report to the senate and house transportation committees and
the office of financial management on expenditures and fulltime equivalents processed through the new account. The
report must also include recommendations for process
47.04.210
[Title 47 RCW—page 21]
47.04.220
Title 47 RCW: Public Highways and Transportation
changes, if needed. [2005 c 319 § 122; 2001 2nd sp.s. c 14 §
601; 1997 c 94 § 1.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
financial management on the expenditures and full-time
equivalents processed through the miscellaneous transportation programs account. The report must also include recommendations for changes to the process, if needed. [2005 c
319 § 123; 2001 2nd sp.s. c 14 § 602; 1997 c 94 § 2.]
Severability—2001 2nd sp.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 14 § 612.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Effective date—2001 2nd sp.s. c 14: "Except for section 608 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [June 26, 2001]." [2001 2nd sp.s.
c 14 § 613.]
Effective date—1997 c 94: See note following RCW 47.04.210.
Effective date—1997 c 94: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 94 § 4.]
47.04.220 Miscellaneous transportation programs
account. (1) The miscellaneous transportation programs
account is created in the custody of the state treasurer.
(2) Moneys from the account may be used only for the
costs of:
(a) Miscellaneous transportation services provided by
the department that are reimbursed by other public and private entities;
(b) Local transportation projects for which the department is a conduit for federal reimbursement to a municipal
corporation or political subdivision; or
(c) Other reimbursable activities as recommended by the
senate and house transportation committees and approved by
the office of financial management.
(3) Moneys received as reimbursement for expenditures
under subsection (2) of this section must be deposited into the
account.
(4) No appropriation is required for expenditures from
this account. This fund is not subject to allotment procedures
provided under chapter 43.88 RCW.
(5) Only the secretary of transportation or the secretary’s
designee may authorize expenditures from the account.
(6) It is the intent of the legislature that this account
maintain a zero or positive cash balance at the end of each
biennium. Toward this purpose the department may make
expenditures from the account before receiving reimbursements under subsection (2) of this section. Before the end of
the biennium, the department shall transfer sufficient cash to
cover any negative cash balances from the motor vehicle fund
and the multimodal transportation account to the miscellaneous transportation programs account for unrecovered reimbursements. The department shall calculate the distribution
of this transfer based on expenditures. In the ensuing biennium the department shall transfer the reimbursements
received in the miscellaneous transportation programs
account back to the motor vehicle fund and the multimodal
transportation account to the extent of the cash transferred at
biennium end. The department shall also distribute any interest charges accruing to the miscellaneous transportation programs account to the motor vehicle fund and the multimodal
transportation account. Adjustments for any indirect cost
recoveries may also be made at this time.
(7) The department shall provide an annual report to the
senate and house transportation committees and the office of
47.04.220
[Title 47 RCW—page 22]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
47.04.230 Dredge spoils—Cowlitz County. The legislature finds and declares that the December 19, 1991, Washington state conveyance of the Mt. St. Helens Recovery Program, LT-1 and Cook Ferry Road Sites, to Cowlitz County,
should be amended to enable Cowlitz County to use dredge
spoils revenues for recreational purposes throughout the
county.
The legislature further declares that the department of
transportation shall execute sufficient legal release to accomplish the following:
(1) Dredge spoil revenues from either the LT-1 or Cook
Ferry Road Site must be dedicated for recreational facilities
and recreational administration costs throughout the county;
(2) Any mining excavation must meet the requirements
of the Shoreline Management Act of 1971 as identified in
chapter 90.58 RCW;
(3) Both the LT-1 and Cook Ferry Road Site must be preserved as a long-term dredging facility;
(4) All other requirements in the December 19, 1991,
conveyance between the state of Washington and Cowlitz
County will remain in effect; and
(5) The LT-1 and Cook Ferry Road Site remains subject
to any agreements with the United States Army Corps of
Engineers and other agencies of the federal government.
[1999 c 63 § 1.]
47.04.230
47.04.235 Dredge spoils—Castle Rock. The legislature finds and declares that the December 20, 1993, Washington state conveyance of the Mt. St. Helens recovery program,
CR601F site, to the city of Castle Rock, should be amended
to enable the city to use dredge spoil revenues for recreational
purposes adjacent to the Cowlitz river in the city limits of
Castle Rock, and also those other properties owned by the
city of Castle Rock that are adjacent to the Cowlitz river.
The legislature further declares that the department of
transportation shall execute sufficient legal release to accomplish the following:
(1) Dredge spoil revenues from the CR601F site must be
dedicated for recreational facilities and recreational administration cost throughout the defined area listed above;
(2) Any mining excavation must meet the requirements
of the Shoreline Management Act of 1971 as identified in
chapter 90.58 RCW;
(3) All other requirements in the December 20, 1993,
conveyance between the state of Washington and the city of
Castle Rock will remain in effect; and
(4) The CR601F site remains subject to any agreements
with the United States Army Corps of Engineers and other
agencies of the federal government. [2000 c 13 § 1.]
47.04.235
(2008 Ed.)
General Provisions
47.04.240 Public transportation information—Confidentiality. The department, a county, city, town, any other
public entity, and any private entity under the public-private
transportation initiatives authorized under chapter 47.46
RCW, that provides transit, high-speed ground transportation, high capacity transportation service, ferry service, toll
facilities, or other public transportation service or facilities
may only use personally identifiable information obtained
from the use of electronic toll payments, transit passes, or
other fare media such as magnetic strip cards or stored value
cards for billing purposes. This information may not be used
to track or monitor individual use of the public transportation
facilities or service, except for billing purposes and to provide statistical compilations and reports that do not identify
an individual. [1999 c 215 § 2.]
47.04.240
Public records: Chapter 42.56 RCW.
47.04.250 Assaults by motorists on department
employees. (1) For the purposes of this section only,
"assault" means an act by a motorist that results in physical
injury to an employee of the department while engaged in
highway construction or maintenance activities along a roadway right-of-way (fence line to fence line, landscaped areas)
or in the loading and unloading of passenger vehicles in service of the vessel as a maritime employee not covered under
chapter 51.32 RCW or engaged in those work activities as a
Washington State Ferries terminal employee covered under
chapter 51.32 RCW.
(2) In recognition of the nature of employment in departmental highway construction or maintenance activities and
by the Washington State Ferries, this section provides a supplementary program to reimburse employees of the department for some of their costs attributable to their being the victims of assault by motorists. This program is limited to the
reimbursement provided in this section.
(3) An employee is entitled to receive the reimbursement
provided in this section only if the secretary finds that each of
the following has occurred:
(a) A motorist has assaulted the employee who is
engaged in highway construction or maintenance along a
roadway right-of-way (fence line to fence line, landscaped
areas) or service of the vessel as a maritime employee or terminal employee engaged in the loading or unloading of passenger vehicles and as a result the employee has sustained
demonstrated physical injuries that have required the
employee to miss one or more days of work;
(b) The assault is not attributable to any extent to the
employee’s negligence, misconduct, or failure to comply
with any rules or conditions of employment; and
(c) The department of labor and industries has approved
the employee’s workers’ compensation application under
chapter 51.32 RCW, or for maritime employees the department of transportation risk management office has approved
maintenance and cure benefits under 46 U.S.C. Sec. 688 et
seq.
(4) The reimbursement authorized under this section is
as follows:
(a) The employee’s accumulated sick leave days will not
be reduced for the workdays missed. The injured worker who
qualifies for and receives assault benefits will also receive
47.04.250
(2008 Ed.)
47.04.260
full standard benefits (vacation leave, sick leave, health
insurance, etc.) as if uninjured;
(b) For an employee covered by chapter 51.32 RCW, for
each workday missed for which the employee is not eligible
to receive compensation under chapter 51.32 RCW, the
employee will receive the full amount of the injured worker’s
net pay at the time of injury; and
(c) In respect to workdays missed for which the
employee will receive or has received compensation under
chapter 51.32 RCW, or under federal maritime law benefits,
including the Jones Act, for an employee deemed a maritime
employee assigned to work in service of the vessel or a nonmaritime terminal employee covered under chapter 51.32
RCW, the employee will be reimbursed in an amount that,
when added to that compensation, will result in the employee
receiving no more than full net pay (gross pay less mandatory
and voluntary deductions) for the workdays missed.
(5) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury. No application for assault benefits is
valid nor may a claim be enforced unless it was made within
one year after the day upon which the injury occurred.
(6) The employee is not entitled to the reimbursement
provided in subsection (4) of this section for a workday for
which the secretary or an applicable designee finds that the
employee has not diligently pursued his or her compensation
remedies under chapter 51.32 RCW or federal maritime law,
including the Jones Act.
(7) The reimbursement may be made only for absences
that the secretary or an applicable designee believes are justified.
(8) While the employee is receiving reimbursement
under this section, he or she will continue to be classified as a
state employee, and the reimbursement amount is considered
as salary or wages.
(9) The department shall make all reimbursement payments required to be made to employees under this section.
The payments are considered as a salary or wage expense and
must be paid by the department in the same manner and from
the same appropriations as other salary and wage expenses
for the department.
(10) Nothing in this section precludes the department
from recovering the supplemental payments authorized by
this section from the assaulting motorist, and that recovery is
considered exclusive of recovery under chapter 51.24 RCW.
(11) If the legislature revokes the reimbursement authorized under this section or repeals this section, no affected
employee is entitled after that to receive the reimbursement
as a matter of contractual right. [2002 c 355 § 1.]
47.04.260 Latecomer fees. The department of transportation may impose and collect latecomer fees on behalf of
another entity for infrastructure improvement projects initially funded partially or entirely by private sources. However, there must be an agreement in place between the department of transportation and the entity, before the imposition
and collection of any such fees, that specifies (1) the collection process, (2) the maximum amount that may be collected,
and (3) the period of time during which the collection may
occur. [2005 c 317 § 30.]
47.04.260
[Title 47 RCW—page 23]
47.04.270
Title 47 RCW: Public Highways and Transportation
47.04.270 Tire chain installation and removal. The
department may issue written permits authorizing permittees
to install or remove tire chains on motor vehicles with the following conditions:
(1) Chains may only be installed or removed at locations
designated in the permit;
(2) Permittees must comply with terms and conditions in
the permit relating to the safe and orderly movement of traffic; and
(3) Permittees may charge a fee to drivers for their services.
The department may issue sufficient permits for the
installation or removal of tire chains that it finds necessary or
desirable to accommodate the demand for those services consistent with the maximum convenience and safety to traffic.
In issuing the permits, the department shall insure that the
maximum practicable number of different individuals and
entities receive permits, and that no one entity, to the extent
practicable, is the sole permit holder for a particular location.
The department may charge a fee no greater than fifty dollars
to permittees for the issuance of permits. The department, in
issuing a permit for the installation or removal of tire chains,
assumes no responsibility for the actions, inactions, competence, or reliability of the permittee in performing those services and shall not be liable for the damages relating to acts
or omissions of the permittees. The department shall adopt
rules to implement this section, including requiring permittees to wear reflective clothing and use appropriate signage.
[2006 c 324 § 1.]
47.04.270
47.04.280 Transportation system policy goals. (1) It
is the intent of the legislature to establish policy goals for the
planning, operation, performance of, and investment in, the
state’s transportation system. The policy goals established
under this section are deemed consistent with the benchmark
categories adopted by the state’s blue ribbon commission on
transportation on November 30, 2000. Public investments in
transportation should support achievement of these policy
goals:
(a) Preservation: To maintain, preserve, and extend the
life and utility of prior investments in transportation systems
and services;
(b) Safety: To provide for and improve the safety and
security of transportation customers and the transportation
system;
(c) Mobility: To improve the predictable movement of
goods and people throughout Washington state;
(d) Environment: To enhance Washington’s quality of
life through transportation investments that promote energy
conservation, enhance healthy communities, and protect the
environment; and
(e) Stewardship: To continuously improve the quality,
effectiveness, and efficiency of the transportation system.
(2) The powers, duties, and functions of state transportation agencies must be performed in a manner consistent with
the policy goals set forth in subsection (1) of this section.
(3) These policy goals are intended to be the basis for
establishing detailed and measurable objectives and related
performance measures.
(4) It is the intent of the legislature that the office of
financial management establish objectives and performance
47.04.280
[Title 47 RCW—page 24]
measures for the department of transportation and other state
agencies with transportation-related responsibilities to ensure
transportation system performance at local, regional, and
state government levels progresses toward the attainment of
the policy goals set forth in subsection (1) of this section.
The office of financial management shall submit initial
objectives and performance measures to the legislature for its
review and shall provide copies of the same to the commission during the 2008 legislative session. The office of financial management shall submit objectives and performance
measures to the legislature for its review and shall provide
copies of the same to the commission during each regular session of the legislature during an even-numbered year thereafter.
(5) This section does not create a private right of action.
[2007 c 516 § 3; 2002 c 5 § 101. Formerly RCW 47.01.012.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2002 c 5 § 101: "Section 101 of this act takes effect
July 1, 2002." [2002 c 5 § 102.]
Captions not law—2002 c 5: "Captions and part headings used in this
act are not part of the law." [2002 c 5 § 419.]
Severability—2002 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 5 § 420.]
47.04.290 Park and ride lot accommodation. (1) Any
local transit agency that has received state funding for a park
and ride lot shall make reasonable accommodation for use of
that lot by auto transportation companies regulated under
chapter 81.68 RCW and private, nonprofit transportation providers regulated under chapter 81.66 RCW, that intend to
provide or already provide regularly scheduled service at that
lot. The accommodation must be in the form of an agreement
between the applicable local transit agency and private transit
provider regulated under chapter 81.68 or 81.66 RCW. The
transit agency may require that the agreement include provisions to recover costs and fair market value for the use of the
lot and its related facilities and to provide adequate insurance
and indemnification of the transit agency, and other reasonable provisions to ensure that the private transit provider’s
use does not unduly burden the transit agency. No accommodation is required, and any agreement may be terminated, if
the park and ride lot is at or exceeds ninety percent capacity.
(2) A local transit agency described under subsection (1)
of this section may enter into a cooperative agreement with a
taxicab company regulated under chapter 81.72 RCW in
order to accommodate the taxicab company at the agency’s
park and ride lot, provided the taxicab company must agree to
provide service with reasonable availability, subject to schedule coordination provisions as agreed to by the parties. [2008
c 257 § 1.]
47.04.290
Chapter 47.05
Chapter 47.05 RCW
PRIORITY PROGRAMMING FOR
HIGHWAY DEVELOPMENT
Sections
47.05.010
47.05.021
47.05.022
47.05.025
Declaration of purpose.
Functional classification of highways.
Highways of statewide significance.
Highways of regional significance.
(2008 Ed.)
Priority Programming for Highway Development
47.05.030
47.05.035
47.05.200
Ten-year programs—Investments, improvements, preservation.
Demand modeling tools.
Highways of statewide significance—State route No. 169.
47.05.010 Declaration of purpose. The legislature
finds that solutions to state highway deficiencies have
become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of
the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.
It is the intent of the legislature that investment of state
transportation funds to address deficiencies on the state highway system be based on a policy of priority programming
having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle
costs and benefits that are systematically scheduled to carry
out defined objectives within available revenue. The state
must develop analytic tools to use a common methodology to
measure benefits and costs for all modes.
The priority programming system must ensure preservation of the existing state highway system, relieve congestion,
provide mobility for people and goods, support the state’s
economy, and promote environmental protection and energy
conservation.
The priority programming system must implement the
state-owned highway component of the statewide transportation plan, consistent with local and regional transportation
plans, by targeting state transportation investment to appropriate multimodal solutions that address identified state highway system deficiencies.
The priority programming system for improvements
must incorporate a broad range of solutions that are identified
in the statewide transportation plan as appropriate to address
state highway system deficiencies, including but not limited
to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services,
and transportation demand management programs. [2002 c 5
§ 401; 1993 c 490 § 1; 1969 ex.s. c 39 § 1; 1963 c 173 § 1.]
47.05.010
Effective date—2002 c 5 §§ 401-404: "Sections 401 through 404 of
this act take effect July 1, 2002." [2002 c 5 § 417.]
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
47.05.021 Functional classification of highways. (1)
The department shall conduct periodic analyses of the entire
state highway system and report to the office of financial
management and the chairs of the transportation committees
of the senate and house of representatives, any subsequent
recommendations to subdivide, classify, and subclassify all
designated state highways into the following three functional
classes:
(a) The "principal arterial system" shall consist of a connected network of rural arterial routes with appropriate extensions into and through urban areas, including all routes designated as part of the interstate system, which serve corridor
movements having travel characteristics indicative of substantial statewide and interstate travel;
(b) The "minor arterial system" shall, in conjunction
with the principal arterial system, form a rural network of
arterial routes linking cities and other activity centers which
47.05.021
(2008 Ed.)
47.05.021
generate long distance travel, and, with appropriate extensions into and through urban areas, form an integrated network providing interstate and interregional service; and
(c) The "collector system" shall consist of routes which
primarily serve the more important intercounty, intracounty,
and intraurban travel corridors, collect traffic from the system
of local access roads and convey it to the arterial system, and
on which, regardless of traffic volume, the predominant
travel distances are shorter than on arterial routes.
(2) The department shall adopt a functional classification
of highways. The department shall consider comments from
the public and local municipalities. The department shall
give consideration to criteria consistent with this section and
federal regulations relating to the functional classification of
highways, including but not limited to the following:
(a) Urban population centers within and without the state
stratified and ranked according to size;
(b) Important traffic generating economic activities,
including but not limited to recreation, agriculture, government, business, and industry;
(c) Feasibility of the route, including availability of alternate routes within and without the state;
(d) Directness of travel and distance between points of
economic importance;
(e) Length of trips;
(f) Character and volume of traffic;
(g) Preferential consideration for multiple service which
shall include public transportation;
(h) Reasonable spacing depending upon population density; and
(i) System continuity.
(3) The department or the legislature shall designate state
highways of statewide significance under RCW 47.06.140. If
the department designates a state highway of statewide significance, it shall submit a list of such facilities for adoption
by the legislature. This statewide system shall include at a
minimum interstate highways and other statewide principal
arterials that are needed to connect major communities across
the state and support the state’s economy.
(4) The department shall designate a freight and goods
transportation system. This statewide system shall include
state highways, county roads, and city streets. The department, in cooperation with cities and counties, shall review
and make recommendations to the legislature regarding policies governing weight restrictions and road closures which
affect the transportation of freight and goods. [2006 c 334 §
8; 2005 c 319 § 8; 2002 c 56 § 301. Prior: 1998 c 245 § 95;
1998 c 171 § 5; 1993 c 490 § 2; 1987 c 505 § 50; 1979 ex.s. c
122 § 1; 1977 ex.s. c 130 § 1.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1979 ex.s. c 122: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 122 § 10.]
Effective dates—1977 ex.s. c 130: "Section 1 of this 1977 act modifying the functional classification of state highways shall apply to the long
range plan for highway improvements and to the six year program for highway construction commencing July 1, 1979 and to the preparation thereof
[Title 47 RCW—page 25]
47.05.022
Title 47 RCW: Public Highways and Transportation
and shall take effect July 1, 1977. Section 2 of this 1977 act shall take effect
July 1, 1979." [1977 ex.s. c 130 § 3.]
47.05.022 Highways of statewide significance. The
legislature designates as highways of statewide significance
those highways so designated by transportation commission
resolution number 660 as adopted on January 21, 2004.
[2004 c 232 § 1; 2002 c 56 § 302.]
47.05.022
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.05.025 Highways of regional significance. Highways of regional significance may receive funding under the
conditions of RCW 36.120.020(8)(c). The following highways are of regional significance:
(1) That portion of state route number 9 that runs from
state route number 522 in the south to state route number 531
in the north;
(2) That portion of state route number 524 that runs from
state route number 5 easterly to state route number 522;
(3) That portion of state route number 704 from state
route number 5 to state route number 7. [2002 c 56 § 303.]
47.05.025
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.05.030 Ten-year programs—Investments,
improvements, preservation. (1) The office of financial
management shall propose a comprehensive ten-year investment program for the preservation and improvement programs defined in this section, consistent with the policy goals
described under RCW 47.04.280. The proposed ten-year
investment program must be forwarded as a recommendation
by the office of financial management to the legislature, and
must be based upon the needs identified in the statewide
transportation plan established under RCW 47.01.071(4).
(2) The preservation program consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing.
(3) The improvement program consists of investments
needed to address identified deficiencies on the state highway
system to meet the goals established in RCW 47.04.280.
[2007 c 516 § 7; 2006 c 334 § 45; 2005 c 319 § 9; 2002 c 5 §
402; 1998 c 171 § 6; 1993 c 490 § 3; 1987 c 179 § 2; 1979
ex.s. c 122 § 2; 1977 ex.s. c 151 § 44; 1975 1st ex.s. c 143 §
1; 1973 2nd ex.s. c 12 § 4; 1969 ex.s. c 39 § 3; 1965 ex.s. c
170 § 33; 1963 c 173 § 3.]
47.05.030
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2006 c 334: See note following RCW 47.01.051.
of modes and improvements, to meet current and future longterm demand within a corridor or system for the lowest cost.
The end result of these demand modeling tools is to provide a
cost-benefit analysis by which the department can determine
the relative mobility improvement and congestion relief each
mode or improvement under consideration will provide and
the relative investment each mode or improvement under
consideration will need to achieve that relief.
(2) The department will participate in the refinement,
enhancement, and application of existing transportation
demand modeling tools to be used to evaluate investments.
This participation and use of transportation demand modeling
tools will be phased in. [2007 c 516 § 8; 2006 c 334 § 46;
2005 c 319 § 10; 2002 c 5 § 403; 1993 c 490 § 4; 1987 c 179
§ 3; 1979 ex.s. c 122 § 3; 1975 1st ex.s. c 143 § 2.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2006 c 334: See note following RCW 47.01.051.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Effective date—2002 c 5 §§ 401-404:
47.05.010.
See note following RCW
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
Severability—1979 ex.s. c 122: See note following RCW 47.05.021.
47.05.200 Highways of statewide significance—State
route No. 169. The legislature designates state route number
169, as defined in RCW 47.17.340, as a highway of statewide
significance. [2006 c 83 § 1.]
47.05.200
See also: RCW 47.05.022.
Chapter 47.06 RCW
STATEWIDE TRANSPORTATION PLANNING
Chapter 47.06
Sections
47.06.010
47.06.020
47.06.040
47.06.043
47.06.045
47.06.050
47.06.060
47.06.070
47.06.080
47.06.090
47.06.100
47.06.110
47.06.120
47.06.130
47.06.140
47.06.900
Findings.
Role of department.
Statewide multimodal transportation plan.
Technical workers—Skill enhancement.
Freight mobility plan.
State-owned facilities component.
Aviation plan.
Marine ports and navigation plan.
Freight rail plan.
Intercity passenger rail plan.
Bicycle transportation and pedestrian walkways plan.
Public transportation plan.
High capacity transportation planning and regional transportation planning—Role of department.
Special planning studies—Cost-benefit analysis.
Transportation facilities and services of statewide significance—Level of service standards.
Captions not law—1993 c 446.
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Environmental review of transportation projects: RCW 47.01.290.
Effective date—2002 c 5 §§ 401-404: See note following RCW
47.05.010.
47.06.010 Findings. The legislature recognizes that the
ownership and operation of Washington’s transportation system is spread among federal, state, and local government
agencies, regional transit agencies, port districts, and the private sector. The legislature also recognizes that transportation planning authority is shared on the local, regional, and
state levels, and that this planning must be a comprehensive
and coordinated effort. While significant authority for transportation planning is vested with local agencies and regional
transportation planning organizations under the growth man-
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
Severability—1979 ex.s. c 122: See note following RCW 47.05.021.
47.05.035 Demand modeling tools. (1) The department shall use the transportation demand modeling tools
developed under subsection (2) of this section to evaluate
investments based on the best mode or improvement, or mix
47.05.035
[Title 47 RCW—page 26]
47.06.010
(2008 Ed.)
Statewide Transportation Planning
agement act, the legislature recognizes that certain transportation issues and facilities cross local and regional boundaries
and are vital to the statewide economy and the cross-state
mobility of people and goods. Therefore, the state has an
appropriate role in developing statewide transportation plans
that address state jurisdiction facilities and services as well as
transportation facilities and services of state interest. These
plans shall serve as a guide for short-term investment needs
and provide a long-range vision for transportation system
development. [1993 c 446 § 1.]
47.06.020 Role of department. The specific role of the
department in transportation planning must be, consistent
with the policy goals described under RCW 47.04.280: (1)
Ongoing coordination and development of statewide transportation policies that guide all Washington transportation
providers; (2) ongoing development of a statewide multimodal transportation plan that includes both state-owned and
state-interest facilities and services; (3) coordinating the state
high capacity transportation planning and regional transportation planning programs; (4) conducting special transportation planning studies that impact state transportation facilities
or relate to transportation facilities and services of statewide
significance; and (5) assisting the transportation commission
in the development of the statewide transportation plan
required under RCW 47.01.071(4). Specific requirements
for each of these state transportation planning components
are described in this chapter. [2007 c 516 § 9; 1993 c 446 §
2.]
47.06.020
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
47.06.040 Statewide multimodal transportation plan.
The department shall develop a statewide multimodal transportation plan under *RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued
mobility of people and goods within regions and across the
state in a safe, cost-effective manner. The statewide multimodal transportation plan shall consist of:
(1) A state-owned facilities component, which shall
guide state investment for state highways including bicycle
and pedestrian facilities, and state ferries; and
(2) A state-interest component, which shall define the
state interest in aviation, marine ports and navigation, freight
rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend
actions in coordination with appropriate public and private
transportation providers to ensure that the state interest in
these transportation modes is met.
The plans developed under each component must be
consistent with the state transportation policy plan and with
each other, reflect public involvement, be consistent with
regional transportation planning, high capacity transportation
planning, and local comprehensive plans prepared under
chapter 36.70A RCW, and include analysis of intermodal
connections and choices. A primary emphasis for these plans
shall be the relief of congestion, the preservation of existing
investments and downtowns, ability to attract or accommodate planned population, and employment growth, the
improvement of traveler safety, the efficient movement of
freight and goods, and the improvement and integration of all
47.06.040
(2008 Ed.)
47.06.050
transportation modes to create a seamless intermodal transportation system for people and goods.
In the development of the statewide multimodal transportation plan, the department shall identify and document
potential affected environmental resources, including, but not
limited to, wetlands, storm water runoff, flooding, air quality,
fish passage, and wildlife habitat. The department shall conduct its environmental identification and documentation in
coordination with all relevant environmental regulatory
authorities, including, but not limited to, local governments.
The department shall give the relevant environmental regulatory authorities an opportunity to review the department’s
environmental plans. The relevant environmental regulatory
authorities shall provide comments on the department’s environmental plans in a timely manner. Environmental identification and documentation as provided for in RCW 47.01.300
and this section is not intended to create a private right of
action or require an environmental impact statement as provided in chapter 43.21C RCW. [2002 c 189 § 4; 1998 c 199
§ 1; 1994 c 258 § 5; 1993 c 446 § 4.]
*Reviser’s note: RCW 47.01.071 was amended by 2005 c 319 § 5,
changing subsection (3) to subsection (4).
Captions not law—1994 c 258: See note following RCW 36.70A.420.
47.06.043 Technical workers—Skill enhancement.
The state interest component of the statewide multimodal
transportation plan must include a plan for enhancing the
skills of the existing technical transportation workforce.
[2003 c 363 § 204.]
47.06.043
Findings—Intent—2003 c 363 §§ 201-206: See note following RCW
49.04.041.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
47.06.045 Freight mobility plan. The state-interest
component of the statewide multimodal transportation plan
shall include a freight mobility plan which shall assess the
transportation needs to ensure the safe, reliable, and efficient
movement of goods within and through the state and to
ensure the state’s economic vitality. [1998 c 175 § 10.]
47.06.045
Severability—1998 c 175: See RCW 47.06A.900.
47.06.050 State-owned facilities component. The
state-owned facilities component of the statewide multimodal transportation plan shall consist of:
(1) The state highway system plan, which identifies program and financing needs and recommends specific and
financially realistic improvements to preserve the structural
integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic,
recreational, and cultural resources. The state highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish
structural preservation objectives for the state highway system including bridges, identify current and future structural
deficiencies based upon analysis of current conditions and
projected future deterioration, and recommend program
funding levels and specific actions necessary to preserve the
structural integrity of the state highway system consistent
with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management
47.06.050
[Title 47 RCW—page 27]
47.06.060
Title 47 RCW: Public Highways and Transportation
system. This element shall serve as the basis for the preservation component of the six-year highway program and the
two-year biennial budget request to the legislature;
(b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways. The highway maintenance element must include an
estimate of costs for achieving those service levels over
twenty years. This element will serve as the basis for the
maintenance component of the six-year highway program
and the two-year biennial budget request to the legislature;
(c) A capacity and operational improvement element,
which shall establish operational objectives, including safety
considerations, for moving people and goods on the state
highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program
funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing
capacity and operational improvement plans the department
shall first assess strategies to enhance the operational efficiency of the existing system before recommending system
expansion. Strategies to enhance the operational efficiencies
include but are not limited to access management, transportation system management, demand management, and high
occupancy vehicle facilities. The capacity and operational
improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall
serve as the basis for the capacity and operational improvement portions of the six-year highway program and the twoyear biennial budget request to the legislature;
(d) A scenic and recreational highways element, which
shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic,
recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The
department, affected counties, cities, and towns, regional
transportation planning organizations, and other state or federal agencies shall jointly develop this element;
(e) A paths and trails element, which shall identify the
needs of nonmotorized transportation modes on the state
transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.
(2) The state ferry system plan, which shall guide capital
and operating investments in the state ferry system. The plan
shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs,
support local land use plans, and assure that ferry services are
fully integrated with other transportation services. The plan
must provide for maintenance of capital assets. The plan
must also provide for preservation of capital assets based on
lowest life cycle cost methodologies. The plan shall assess
the role of private ferries operating under the authority of the
utilities and transportation commission and shall coordinate
ferry system capital and operational plans with these private
operations. The ferry system plan must be consistent with the
regional transportation plans for areas served by the state
ferry system, and shall be developed in conjunction with the
[Title 47 RCW—page 28]
ferry advisory committees. [2007 c 516 § 10; 2002 c 5 § 413;
1993 c 446 § 5.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Finding—Intent—2002 c 5: "The legislature finds that roads, streets,
bridges, and highways in the state represent public assets worth over one
hundred billion dollars. These investments require regular maintenance and
preservation, or rehabilitation, to provide cost-effective transportation services. Many of these facilities are in poor condition. Given the magnitude
of public investment and the importance of safe, reliable roadways to the
motoring public, the legislature intends to create stronger accountability to
ensure that cost-effective maintenance and preservation is provided for these
transportation facilities." [2002 c 5 § 408.]
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
47.06.060 Aviation plan. The state-interest component
of the statewide multimodal transportation plan shall include
an aviation plan, which shall fulfill the statewide aviation
planning requirements of the federal government, coordinate
statewide aviation planning, and identify the program needs
for public use and state airports. [1993 c 446 § 6.]
47.06.060
47.06.070 Marine ports and navigation plan. The
state-interest component of the statewide multimodal transportation plan shall include a state marine ports and navigation plan, which shall assess the transportation needs of
Washington’s marine ports, including navigation, and identify transportation system improvements needed to support
the international trade and economic development role of
Washington’s marine ports. [1993 c 446 § 7.]
47.06.070
47.06.080 Freight rail plan. The state-interest component of the statewide multimodal transportation plan shall
include a state freight rail plan, which shall fulfill the statewide freight rail planning requirements of the federal government, identify freight rail mainline issues, identify light-density freight rail lines threatened with abandonment, establish
criteria for determining the importance of preserving the service or line, and recommend priorities for the use of state rail
assistance and state rail banking program funds, as well as
other available sources of funds. The plan shall also identify
existing intercity rail rights-of-way that should be preserved
for future transportation use. [1993 c 446 § 8.]
47.06.080
47.06.090 Intercity passenger rail plan. The stateinterest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which
shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements,
potential service extensions, and ways to achieve higher train
speeds.
For purposes of maintaining and preserving any stateowned component of the state’s passenger rail program, the
statewide multimodal transportation plan must identify all
such assets and provide a preservation plan based on lowest
life cycle cost methodologies. [2002 c 5 § 414; 1993 c 446 §
9.]
47.06.090
Finding—Intent—2002 c 5: See note following RCW 47.06.050.
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
(2008 Ed.)
Statewide Transportation Planning
47.06.100 Bicycle transportation and pedestrian
walkways plan. The state-interest component of the statewide multimodal transportation plan shall include a bicycle
transportation and pedestrian walkways plan, which shall
propose a statewide strategy for addressing bicycle and
pedestrian transportation, including the integration of bicycle
and pedestrian pathways with other transportation modes; the
coordination between local governments, regional agencies,
and the state in the provision of such facilities; the role of
such facilities in reducing traffic congestion; and an assessment of statewide bicycle and pedestrian transportation
needs. This plan shall satisfy the federal requirement for a
long-range bicycle transportation and pedestrian walkways
plan. [1993 c 446 § 10.]
47.06.100
47.06.110 Public transportation plan. The state-interest component of the statewide multimodal transportation
plan shall include a state public transportation plan that:
(1) Articulates the state vision of an interest in public
transportation and provides quantifiable objectives, including
benefits indicators;
(2) Identifies the goals for public transit and the roles of
federal, state, regional, and local entities in achieving those
goals;
(3) Recommends mechanisms for coordinating state,
regional, and local planning for public transportation;
(4) Recommends mechanisms for coordinating public
transportation with other transportation services and modes;
(5) Recommends criteria, consistent with the goals identified in subsection (2) of this section and with RCW
82.44.180 (2) and (3), for existing federal authorizations
administered by the department to transit agencies; and
(6) Recommends a statewide public transportation facilities and equipment management system as required by federal law.
In developing the state public transportation plan, the
department shall involve local jurisdictions, public and private providers of transportation services, nonmotorized interests, and state agencies with an interest in public transportation, including but not limited to the departments of community, trade, and economic development, social and health
services, and ecology, the office of the superintendent of public instruction, the office of the governor, and the office of
financial management.
The department shall submit to the senate and house
transportation committees by December 1st of each year,
reports summarizing the plan’s progress. [2005 c 319 § 124;
1996 c 186 § 512; 1995 c 399 § 120; 1993 c 446 § 11.]
47.06.110
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Environmental review of transportation projects: RCW 47.01.290.
47.06.120 High capacity transportation planning and
regional transportation planning—Role of department.
The department’s role in high capacity transportation planning and regional transportation planning is to administer
state planning grants for these purposes, represent the interests of the state in these regional planning processes, and
coordinate other department planning with these regional
47.06.120
(2008 Ed.)
47.06.140
efforts, including those under RCW 81.104.060. [1993 c 446
§ 12.]
47.06.130 Special planning studies—Cost-benefit
analysis. (1) The department may carry out special transportation planning studies to resolve specific issues with the
development of the state transportation system or other statewide transportation issues.
(2) The department shall conduct multimodal corridor
analyses on major congested corridors where needed
improvements are likely to cost in excess of one hundred million dollars. Analysis will include the cost-effectiveness of all
feasible strategies in addressing congestion or improving
mobility within the corridor, and must recommend the most
effective strategy or mix of strategies to address identified
deficiencies. A long-term view of corridors must be
employed to determine whether an existing corridor should
be expanded, a city or county road should become a state
route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. To the
extent practicable, full costs of all strategies must be reflected
in the analysis. At a minimum, this analysis must include:
(a) The current and projected future demand for total
person trips on that corridor;
(b) The impact of making no improvements to that corridor;
(c) The daily cost per added person served for each mode
or improvement proposed to meet demand;
(d) The cost per hour of travel time saved per day for
each mode or improvement proposed to meet demand; and
(e) How much of the current and anticipated future
demand will be met and left unmet for each mode or
improvement proposed to meet demand.
The end result of this analysis will be to provide a costbenefit analysis by which policymakers can determine the
most cost-effective improvement or mode, or mix of
improvements and modes, for increasing mobility and reducing congestion. [2002 c 5 § 404; 1993 c 446 § 13.]
47.06.130
Effective date—2002 c 5 §§ 401-404: See note following RCW
47.05.010.
Captions not law—Severability—2002 c 5: See notes following RCW
47.04.280.
47.06.140 Transportation facilities and services of
statewide significance—Level of service standards. (1)
The legislature declares the following transportation facilities
and services to be of statewide significance: Highways of
statewide significance as designated by the legislature under
chapter 47.05 RCW, the interstate highway system, interregional state principal arterials including ferry connections
that serve statewide travel, intercity passenger rail services,
intercity high-speed ground transportation, major passenger
intermodal terminals excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are
related solely to marine activities affecting international and
interstate trade, and high capacity transportation systems
serving regions as defined in RCW 81.104.015. The department, in cooperation with regional transportation planning
organizations, counties, cities, transit agencies, public ports,
private railroad operators, and private transportation provid47.06.140
[Title 47 RCW—page 29]
47.06.900
Title 47 RCW: Public Highways and Transportation
ers, as appropriate, shall plan for improvements to transportation facilities and services of statewide significance in the
statewide multimodal transportation plan. Improvements to
facilities and services of statewide significance identified in
the statewide multimodal transportation plan, or to highways
of statewide significance designated by the legislature under
chapter 47.05 RCW, are essential state public facilities under
RCW 36.70A.200.
(2) The department of transportation, in consultation
with local governments, shall set level of service standards
for state highways and state ferry routes of statewide significance. Although the department shall consult with local governments when setting level of service standards, the department retains authority to make final decisions regarding level
of service standards for state highways and state ferry routes
of statewide significance. In establishing level of service
standards for state highways and state ferry routes of statewide significance, the department shall consider the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local
communities using these facilities. When setting the level of
service standards under this section for state ferry routes, the
department may allow for a standard that is adjustable for
seasonality. [2007 c 516 § 11; 2007 c 512 § 2; 1998 c 171 §
7.]
Reviser’s note: This section was amended by 2007 c 512 § 2 and by
2007 c 516 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Finding—Intent—2007 c 512: "The legislature finds from the 2006
Washington state ferries financing study that the state has limited information on state ferry users and markets. Accurate user and market information
is vital in order to find ways to maximize the ferry systems’ current capacity
and to make the most efficient use of citizens’ tax dollars. Therefore, it is the
intent of the legislature that Washington state ferries be given the tools necessary to maximize the utilization of existing capacity and to make the most
efficient use of existing assets and tax dollars. Furthermore, it is the intent of
the legislature that the department of transportation adopt adaptive management practices in its operating and capital programs so as to keep the costs of
the Washington state ferries system as low as possible while continuously
improving the quality and timeliness of service." [2007 c 512 § 1.]
Highways of statewide significance: RCW 47.05.022.
47.06.900 Captions not law—1993 c 446. Captions
used in this chapter do not constitute any part of the law.
[1993 c 446 § 16.]
47.06.900
Chapter 47.06A
Chapter 47.06A RCW
FREIGHT MOBILITY
Sections
47.06A.001
47.06A.010
47.06A.020
47.06A.030
47.06A.040
47.06A.050
47.06A.060
47.06A.070
47.06A.080
47.06A.900
Findings.
Definitions.
Board—Duties.
Board—Creation—Membership.
Board—Administration and staffing.
Allocation of funds.
Grants and loans.
Records.
Port district development plans.
Severability—1998 c 175.
47.06A.001 Findings. The legislature finds that:
47.06A.001
[Title 47 RCW—page 30]
(1) Washington state is uniquely positioned as a gateway
to the global economy. As the most trade-dependent state in
the nation, per capita, Washington’s economy is highly
dependent on an efficient multimodal transportation network
in order to remain competitive.
(2) The vitality of the state’s economy is placed at risk by
growing traffic congestion that impedes the safe and efficient
movement of goods. The absence of a comprehensive and
coordinated state policy that facilitates freight movements to
local, national, and international markets limits trade opportunities.
(3) Freight corridors that serve international and domestic interstate and intrastate trade, and those freight corridors
that enhance the state’s competitive position through regional
and global gateways are strategically important. In many
instances, movement of freight on these corridors is diminished by: Barriers that block or delay access to intermodal
facilities where freight is transferred from one mode of transport to another; conflicts between rail and road traffic; constraints on rail capacity; highway capacity constraints, congestion, and condition; waterway system depths that affect
capacity; and institutional, regulatory, and operational barriers.
(4) Rapidly escalating population growth is placing an
added burden on streets, roads, and highways that serve as
freight corridors. Community benefits from economic activity associated with freight movement often conflict with
community concerns over safety, mobility, [and] environmental quality. Efforts to minimize community impacts in
areas of high freight movements that encourage the active
participation of communities in the early stages of proposed
public and private infrastructure investments will facilitate
needed freight mobility improvements.
(5) Ownership of the freight mobility network is fragmented and spread across various public jurisdictions, private
companies, and state and national borders. Transportation
projects have grown in complexity and size, requiring more
resources and longer implementation time frames. Currently,
there is no comprehensive and integrated framework for
planning the freight mobility needs of public and private
stakeholders in the freight transportation system. A coordinated planning process should identify new infrastructure
investments that are integrated by public and private planning
bodies into a multimodal and multijurisdictional network in
all areas of the state, urban and rural, east and west. The state
should integrate freight mobility goals with state policy on
related issues such as economic development, growth management, and environmental management.
(6) State investment in projects that enhance or mitigate
freight movements, should pay special attention to solutions
that utilize a corridor solution to address freight mobility
issues with important transportation and economic impacts
beyond any local area. The corridor approach builds partnerships and fosters coordinated planning among jurisdictions
and the public and private sectors.
(7) It is the policy of the state of Washington that limited
public transportation funding and competition between
freight and general mobility improvements for the same fund
sources require strategic, prioritized freight investments that
reduce barriers to freight movement, maximize cost-effectiveness, yield a return on the state’s investment, require
(2008 Ed.)
Freight Mobility
complementary investments by public and private interests,
and solve regional freight mobility problems. State financial
assistance for freight mobility projects must leverage other
funds from all potential partners and sources, including federal, county, city, port district, and private capital. [1998 c
175 § 1.]
47.06A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the freight mobility strategic investment board created in RCW 47.06A.030.
(2) "Department" means the department of transportation.
(3) "Freight mobility" means the safe, reliable, and efficient movement of goods within and through the state to
ensure the state’s economic vitality.
(4) "Local governments" means cities, towns, counties,
special purpose districts, port districts, and any other municipal corporations or quasi-municipal corporations in the state
excluding school districts.
(5) "Public entity" means a state agency, city, town,
county, port district, or municipal or regional planning organization.
(6) "Strategic freight corridor" means a transportation
corridor of great economic importance within an integrated
freight system that:
(a) Serves international and domestic interstate and intrastate trade;
(b) Enhances the state’s competitive position through
regional and global gateways;
(c) Carries freight tonnages of at least:
(i) Four million gross tons annually on state highways,
city streets, and county roads;
(ii) Five million gross tons annually on railroads; or
(iii) Two and one-half million net tons on waterways;
and
(d) Has been designated a strategic corridor by the board
under RCW 47.06A.020(3). However, new alignments to,
realignments of, and new links to strategic corridors that
enhance freight movement may qualify, even though no tonnage data exists for facilities to be built in the future. [1998 c
175 § 2.]
47.06A.010
47.06A.020 Board—Duties. (1) The board shall:
(a) Adopt rules and procedures necessary to implement
the freight mobility strategic investment program;
(b) Solicit from public entities proposed projects that
meet eligibility criteria established in accordance with subsection (4) of this section; and
(c) Review and evaluate project applications based on
criteria established under this section, and prioritize and
select projects comprising a portfolio to be funded in part
with grants from state funds appropriated for the freight
mobility strategic investment program. In determining the
appropriate level of state funding for a project, the board shall
ensure that state funds are allocated to leverage the greatest
amount of partnership funding possible. After selecting
projects comprising the portfolio, the board shall submit them
as part of its budget request to the office of financial manage47.06A.020
(2008 Ed.)
47.06A.020
ment and the legislature. The board shall ensure that projects
submitted as part of the portfolio are not more appropriately
funded with other federal, state, or local government funding
mechanisms or programs. The board shall reject those
projects that appear to improve overall general mobility with
limited enhancement for freight mobility.
The board shall provide periodic progress reports on its
activities to the office of financial management and the senate and house transportation committees.
(2) The board may:
(a) Accept from any state or federal agency, loans or
grants for the financing of any transportation project and
enter into agreements with any such agency concerning the
loans or grants;
(b) Provide technical assistance to project applicants;
(c) Accept any gifts, grants, or loans of funds, property,
or financial, or other aid in any form from any other source on
any terms and conditions which are not in conflict with this
chapter;
(d) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter; and
(e) Do all things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
(3) The board shall designate strategic freight corridors
within the state. The board shall update the list of designated
strategic corridors not less than every two years, and shall
establish a method of collecting and verifying data, including
information on city and county-owned roadways.
(4) The board shall utilize threshold project eligibility
criteria that, at a minimum, includes the following:
(a) The project must be on a strategic freight corridor;
(b) The project must meet one of the following conditions:
(i) It is primarily aimed at reducing identified barriers to
freight movement with only incidental benefits to general or
personal mobility; or
(ii) It is primarily aimed at increasing capacity for the
movement of freight with only incidental benefits to general
or personal mobility; or
(iii) It is primarily aimed at mitigating the impact on
communities of increasing freight movement, including roadway/railway conflicts; and
(c) The project must have a total public benefit/total public cost ratio of equal to or greater than one.
(5) From June 11, 1998, through the biennium ending
June 30, 2001, the board shall use the multicriteria analysis
and scoring framework for evaluating and ranking eligible
freight mobility and freight mitigation projects developed by
the freight mobility project prioritization committee and contained in the January 16, 1998, report entitled "Project Eligibility, Priority and Selection Process for a Strategic Freight
Investment Program." The prioritization process shall measure the degree to which projects address important program
objectives and shall generate a project score that reflects a
project’s priority compared to other projects. The board shall
assign scoring points to each criterion that indicate the relative importance of the criterion in the overall determination
of project priority. After June 30, 2001, the board may supplement and refine the initial project priority criteria and
scoring framework developed by the freight mobility project
[Title 47 RCW—page 31]
47.06A.030
Title 47 RCW: Public Highways and Transportation
prioritization committee as expertise and experience is
gained in administering the freight mobility program.
(6) It is the intent of the legislature that each freight
mobility project contained in the project portfolio submitted
by the board utilize the greatest amount of nonstate funding
possible. The board shall adopt rules that give preference to
projects that contain the greatest levels of financial participation from nonprogram fund sources. The board shall consider twenty percent as the minimum partnership contribution, but shall also ensure that there are provisions allowing
exceptions for projects that are located in areas where minimal local funding capacity exists or where the magnitude of
the project makes the adopted partnership contribution financially unfeasible.
(7) The board shall develop and recommend policies that
address operational improvements that primarily benefit and
enhance freight movement, including, but not limited to, policies that reduce congestion in truck lanes at border crossings
and weigh stations and provide for access to ports during
nonpeak hours. [2005 c 319 § 125; 1999 c 216 § 1; 1998 c
175 § 3.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
47.06A.030 Board—Creation—Membership. (1)
The freight mobility strategic investment board is created.
The board shall convene by July 1, 1998.
(2) The board is composed of twelve members. The following members are appointed by the governor for terms of
four years, except that five members initially are appointed
for terms of two years: (a) Two members, one of whom is
from a city located within or along a strategic freight corridor, appointed from a list of at least four persons nominated
by the association of Washington cities or its successor; (b)
two members, one of whom is from a county having a strategic freight corridor within its boundaries, appointed from a
list of at least four persons nominated by the Washington
state association of counties or its successor; (c) two members, one of whom is from a port district located within or
along a strategic freight corridor, appointed from a list of at
least four persons nominated by the Washington public ports
association or its successor; (d) one member representing the
office of financial management; (e) one member appointed as
a representative of the trucking industry; (f) one member
appointed as a representative of the railroads; (g) the secretary of the department of transportation; (h) one member representing the steamship industry; and (i) one member of the
general public. In appointing the general public member, the
governor shall endeavor to appoint a member with special
expertise in relevant fields such as public finance, freight
transportation, or public works construction. The governor
shall appoint the general public member as chair of the board.
In making appointments to the board, the governor shall
ensure that each geographic region of the state is represented.
(3) Members of the board shall be reimbursed for reasonable and customary travel expenses as provided in RCW
43.03.050 and 43.03.060.
(4) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position
for the unexpired term. Each vacancy in a position appointed
from lists provided by the associations and departments
47.06A.030
[Title 47 RCW—page 32]
under subsection (2) of this section must be filled from a list
of at least four persons nominated by the relevant association
or associations.
(5) The appointments made in subsection (2) of this section are not subject to confirmation. [1999 c 216 § 2; 1998 c
175 § 4.]
47.06A.040 Board—Administration and staffing.
The board, at its option, may either appoint an executive
director, who shall serve at its pleasure and whose salary
shall be set by the board or make provisions ensuring the
responsibilities of the executive director are carried out by an
existing transportation-related state agency or by private contract. Staff support to the board shall be provided by the
department of transportation, the transportation improvement
board, and the county road administration board, or their successor agencies. [1999 c 216 § 3; 1998 c 175 § 5.]
47.06A.040
47.06A.050 Allocation of funds. (1) For the purpose of
allocating funds for the freight mobility strategic investment
program, the board shall allocate the first fifty-five percent of
funds to the highest priority projects, without regard to location.
(2) The remaining funds shall be allocated equally
among three regions of the state, defined as follows:
(a) The Puget Sound region includes King, Pierce, and
Snohomish counties;
(b) The western Washington region includes Clallam,
Jefferson, Island, Kitsap, San Juan, Skagit, Whatcom, Clark,
Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania,
Thurston, and Wahkiakum counties; and
(c) The eastern Washington region includes Adams,
Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, Whitman, Asotin, Benton,
Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla
Walla, and Yakima counties.
(3) If a region does not have enough qualifying projects
to utilize its allocation of funds, the funds will be made available to the next highest priority project, without regard to
location.
(4) In the event that a proposal contains projects in more
than one region, for purposes of assuring that equitable geographic distributions are made under subsection (2) of this
section, the board shall evaluate the proposal and proportionally assign the benefits that are attributable to each region.
(5) If the board identifies a project for funding, but later
determines that the project is not ready to proceed at the time
the legislature’s funding decision is pending, the board shall
recommend removing the project from consideration and the
next highest priority project shall be substituted in the project
portfolio. Any project removed from funding consideration
because it is not ready to proceed shall retain its position on
the priority project list and is eligible to be recommended for
funding in the next project portfolio submitted by the board.
[1998 c 175 § 6.]
47.06A.050
47.06A.060 Grants and loans. In order to aid the
financing of eligible freight mobility projects, the board may:
(1) Make grants or loans from funds appropriated for the
freight mobility strategic investment program for the purpose
47.06A.060
(2008 Ed.)
Coordinating Special Needs Transportation
of financing freight mobility projects. The board may require
terms and conditions as it deems necessary or convenient to
carry out the purposes of this chapter.
(2) The state shall not bear the financial burden for
project costs unrelated to the movement of freight. Project
amenities unrelated to the movement of freight may not be
submitted to the board as part of a project proposal under the
freight mobility strategic investment program.
(3) All freight mobility projects aided in whole or in part
under this chapter must have a public entity designated as the
lead project proponent. [1998 c 175 § 7.]
47.06A.070 Records. The board shall keep proper
records and shall be subject to audit by the state auditor.
[1998 c 175 § 8.]
47.06A.070
47.06A.080 Port district development plans. Port districts in the state shall submit their development plans to the
relevant regional transportation planning organization or
metropolitan planning organization, the department, and
affected cities and counties to better coordinate the development and funding of freight mobility projects. [1998 c 175 §
9.]
47.06B.020
47.06B.012 Definitions. (Effective until June 30,
2011.) The definitions in this section apply throughout this
chapter.
(1) "Persons with special transportation needs" means
those persons, including their personal attendants, who
because of physical or mental disability, income status, or
age are unable to transport themselves or purchase transportation.
(2) "Special needs coordinated transportation" is transportation for persons with special transportation needs that is
developed through a collaborative community process
involving transportation providers; human service programs
and agencies; consumers; social, educational, and health service providers; employer and business representatives;
employees and employee representatives; and other affected
parties. [1999 c 385 § 2.]
47.06B.012
47.06A.080
47.06A.900 Severability—1998 c 175. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 175 § 15.]
47.06A.900
Chapter 47.06B
Chapter 47.06B RCW
COORDINATING SPECIAL
NEEDS TRANSPORTATION
Sections
47.06B.010 Finding—Intent.
47.06B.012 Definitions.
47.06B.020 Agency council on coordinated transportation—Creation,
membership, staff, meetings.
47.06B.030 Council—Duties.
47.06B.040 Council—Certification of regional transportation planning
organization local plans.
47.06B.050 Council—Progress report.
47.06B.900 Council—Termination.
47.06B.901 Repealer.
47.06B.010 Finding—Intent. (Effective until June 30,
2011.) The legislature finds that transportation systems for
persons with special needs are not operated as efficiently as
possible. In too many cases, programs established by the legislature to assist persons with special needs can not be
accessed due to these inefficiencies and coordination barriers.
It is the intent of the legislature that public transportation
agencies, pupil transportation programs, private nonprofit
transportation providers, and other public agencies sponsoring programs that require transportation services coordinate
those transportation services. Through coordination of transportation services, programs will achieve increased efficiencies and will be able to provide more rides to a greater number of persons with special needs. [2007 c 421 § 1; 1999 c
385 § 1; 1998 c 173 § 1.]
47.06B.010
(2008 Ed.)
47.06B.020 Agency council on coordinated transportation—Creation, membership, staff, meetings. (Effective
until June 30, 2011.) (1) The agency council on coordinated
transportation is created. The council is composed of ten voting members and four nonvoting, legislative members.
(2) The ten voting members are the superintendent of
public instruction or a designee, the secretary of transportation or a designee, the secretary of the department of social
and health services or a designee, and seven members
appointed by the governor as follows:
(a) One representative from the office of the governor;
(b) Three persons who are consumers of special needs
transportation services, which must include:
(i) One person designated by the executive director of
the governor’s committee on disability issues and employment; and
(ii) One person who is designated by the executive director of the developmental disabilities council;
(c) One representative from the Washington association
of pupil transportation;
(d) One representative from the Washington state transit
association; and
(e) One of the following:
(i) A representative from the community transportation
association of the Northwest; or
(ii) A representative from the community action council
association.
(3) The four nonvoting members are legislators as follows:
(a) Two members from the house of representatives, one
from each of the two largest caucuses, appointed by the
speaker of the house of representatives, including at least one
member from the house transportation policy and budget
committee or the house appropriations committee; and
(b) Two members from the senate, one from each of the
two largest caucuses, appointed by the president of the senate, including at least one member from the senate transportation committee or the senate ways and means committee.
(4) Gubernatorial appointees of the council will serve
two-year terms. Members may not receive compensation for
their service on the council, but will be reimbursed for actual
and necessary expenses incurred in performing their duties as
members as set forth in RCW 43.03.220.
47.06B.020
[Title 47 RCW—page 33]
47.06B.030
Title 47 RCW: Public Highways and Transportation
(5) The secretary of transportation or a designee shall
serve as the chair.
(6) The department of transportation shall provide necessary staff support for the council.
(7) The council may receive gifts, grants, or endowments
from public or private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the purposes of the council and spend gifts, grants, or endowments
or income from the public or private sources according to
their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.
(8) The meetings of the council must be open to the public, with the agenda published in advance, and minutes kept
and made available to the public. The public notice of the
meetings must indicate that accommodations for persons
with disabilities will be made available upon request.
(9) All meetings of the council must be held in locations
that are readily accessible to public transportation, and must
be scheduled for times when public transportation is available.
(10) The council shall make an effort to include presentations by and work sessions including persons with special
transportation needs. [2007 c 421 § 2; 1998 c 173 § 2.]
local plans developed by regional transportation planning
organizations based on meeting federal requirements. Each
regional transportation planning organization must submit to
the council an updated plan that includes the elements, consistent with federal planning requirements, identified by the
council beginning on July 1, 2007, and every four years
thereafter.
Each regional transportation planning organization must
submit to the council every two years a prioritized regional
human service and transportation project list. [2007 c 421 §
4; 1999 c 385 § 6.]
47.06B.050 Council—Progress report. (Effective
until June 30, 2011.) The agency council on coordinated
transportation shall submit a progress report on council activities to the legislature by December 1, 2009, and every other
year thereafter. The report must describe the council’s
progress in attaining the applicable goals identified in the
council’s biennial work plan and highlight any problems
encountered in achieving these goals. The information will
be reported in a form established by the council. [2007 c 421
§ 6.]
47.06B.050
47.06B.900 Council—Termination. The agency council on coordinated transportation is terminated on June 30,
2010, as provided in RCW 47.06B.901. [2007 c 421 § 8;
1999 c 385 § 7; 1998 c 173 § 6.]
47.06B.900
47.06B.030 Council—Duties. (Effective until June
30, 2011.) (1) To assure implementation of an effective system of coordinated transportation that meets the needs of persons with special transportation needs, the agency council on
coordinated transportation shall adopt a biennial work plan
that must, at a minimum:
(a) Focus on projects that identify and address barriers in
laws, policies, and procedures;
(b) Focus on results; and
(c) Identify and advocate for transportation system
improvements for persons with special transportation needs.
(2) The council shall, as necessary, convene work groups
at the state, regional, or local level to develop and implement
coordinated approaches to special needs transportation.
(3) To improve the service experienced by persons with
special transportation needs, the council shall develop statewide guidelines for customer complaint processes so that
information about policies regarding the complaint processes
is available consistently and consumers are appropriately
educated about available options. To be eligible for funding
on or after January 1, 2008, organizations applying for state
paratransit/special needs grants as described in section
226(1), chapter 370, Laws of 2006 must implement a process
following the guidelines established by the council.
(4) The council shall represent the needs and interests of
persons with special transportation needs in statewide efforts
for emergency and disaster preparedness planning by advising the emergency management council on how to address
transportation needs for high-risk individuals during and after
disasters. [2007 c 421 § 3. Prior: 1999 c 385 § 5; (1999 c
372 § 13 repealed by 2007 c 421 § 10); 1998 c 173 § 3.]
47.06B.030
47.06B.040 Council—Certification of regional transportation planning organization local plans. (Effective
until June 30, 2011.) The agency council on coordinated
transportation shall review and recommend certification of
47.06B.040
[Title 47 RCW—page 34]
47.06B.901 Repealer. The following acts or parts of
acts, as now existing or hereafter amended, are each repealed,
effective June 30, 2011:
(1) RCW 47.06B.010 and 2007 c 421 § 1, 1999 c 385 §
1, & 1998 c 173 § 1;
(2) RCW 47.06B.012 and 1999 c 385 § 2;
(3) RCW 47.06B.020 and 2007 c 421 § 2 & 1998 c 173
§ 2;
(4) RCW 47.06B.030 and 2007 c 421 § 3, 1999 c 385 §
5, & 1998 c 173 § 3;
(5) RCW 47.06B.040 and 2007 c 421 § 4 & 1999 c 385
§ 6; and
(6) RCW 47.06B.050 and 2007 c 421 § 6. [2007 c 421 §
9; 1999 c 385 § 8; 1998 c 173 § 7.]
47.06B.901
Chapter 47.08
Chapter 47.08 RCW
HIGHWAY FUNDS
Sections
47.08.010
47.08.020
47.08.040
47.08.050
47.08.060
47.08.070
47.08.080
47.08.090
47.08.100
47.08.110
47.08.120
Control of allocated funds.
State to match federal funds.
Contracts with United States as to state highway property.
Contracts with United States—Governor to execute instrument to the United States.
Contracts with United States—Disposal of funds from the
United States.
Cooperation in public works projects, urban public transportation systems.
Funds when department is in charge of county road improvements.
Funds when department is in charge of city street improvements.
Illegal use of county or city road funds—Procedure to correct.
Misuse of county or city road funds—General penalty.
Transportation equipment fund.
(2008 Ed.)
Highway Funds
47.08.121
47.08.130
Transportation equipment fund declared revolving fund of
proprietary nature—Use.
Custody of federal funds—Disbursement.
Highway funds, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
47.08.010 Control of allocated funds. Whenever there
is provided an allocation for the construction or improvement
of state highways, the allocation shall be under the sole
charge and direct control of the department. [1984 c 7 § 92;
1961 c 13 § 47.08.010. Prior: 1937 c 53 § 32, part; RRS §
6400-32, part.]
47.08.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.020 State to match federal funds. For the construction, alteration, repair and improvement of state highways, county roads, or city and town streets in the state of
Washington which are part of the public highway system, the
good faith of the state of Washington is hereby pledged to
make available funds sufficient to equal the sums appropriated to the state by or under the United States government
during succeeding fiscal years and to use and expend the
same within one year after the fiscal year for which appropriated, and in the manner and under the rules and regulations
imposed by the secretary of commerce and to maintain, or
cause to be maintained, the highways or roads constructed or
improved with the aid of funds so appropriated, and to make
adequate provisions for carrying out such maintenance.
[1961 c 13 § 47.08.020. Prior: 1937 c 53 § 46; RRS § 640046; 1917 c 76 § 3; RRS § 6846.]
47.08.020
47.08.040 Contracts with United States as to state
highway property. Whenever it is necessary or desirable for
the federal government or any agency thereof to acquire an
interest in or in any way damage any property or interest
therein owned by the state of Washington and used in connection with any highway in the state of Washington in connection with any federal project for the development of any
river within or partially within the state of Washington, the
department is authorized, empowered, and directed to negotiate and enter into an agreement with the proper agency of the
federal government as to the rights which shall be acquired,
the compensation which shall be made therefor and the character of instruments by which the rights shall be conveyed,
and as to any other matters which may be necessary in order
to satisfy the requirements of the federal government. If the
agreement is required to be reduced to writing, the writing
shall be approved as to form by the attorney general of the
state of Washington. [1984 c 7 § 93; 1961 c 13 § 47.08.040.
Prior: 1937 c 113 § 1; RRS § 6450-91.]
47.08.040
47.08.080
further authority and in the name of the state of Washington
to execute and deliver to the proper agency of the federal
government any such instrument or instruments which shall
be, when attested by the secretary of state, binding upon the
state of Washington. [1984 c 7 § 94; 1961 c 13 § 47.08.050.
Prior: 1937 c 113 § 2; RRS § 6450-92.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.060 Contracts with United States—Disposal of
funds from the United States. Whenever any moneys shall
be realized by the state of Washington as a result of any
agreement authorized by RCW 47.08.040, the same shall be
deposited in the treasury of the state of Washington to the
credit of the motor vehicle fund, and shall be available for
highway purposes only. [1967 ex.s. c 145 § 45; 1961 c 13 §
47.08.060. Prior: 1937 c 113 § 3; RRS § 6450-93.]
47.08.060
47.08.070 Cooperation in public works projects,
urban public transportation systems. When it appears to
the department that any state highway will be benefited or
improved by the construction of any public works project,
including any urban public transportation system, within the
state of Washington by any of the departments of the state of
Washington, by the federal government, or by any agency,
instrumentality, or municipal corporation of either the state of
Washington or the United States, the department is authorized to enter into cooperative agreements with any such state
department, with the United States, or with any agency,
instrumentality, or municipal corporation of either the state of
Washington or the United States, wherein the state of Washington, acting through the department, will participate in the
cost of the public works project in such amount as may be
determined by the department to be the value of the benefits
or improvements to the particular state highway derived from
the construction of the public works project. Under any such
agreement the department may contribute to the cost of the
public works project by making direct payment to the particular state department, federal government, or to any agency,
instrumentality, or municipal corporation of either the state or
the United States, or any combination thereof, which may be
involved in the project, from any funds appropriated to the
department and available for highway purposes, or by doing
a portion of the project either by day labor or by contract, or
in any other manner as may be deemed advisable and necessary by the department. [1984 c 7 § 95; 1967 c 108 § 3; 1961
c 13 § 47.08.070. Prior: 1945 c 127 § 2; Rem. Supp. 1945 §
6400-121.]
47.08.070
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.080 Funds when department is in charge of
county road improvements. If any funds become available
from the federal government or otherwise for expenditure in
conjunction with county funds for the construction, alteration, repair, or improvement of any county road and the
work is to be performed by the department, the state treasurer
shall, upon notice from the department, set aside from any
moneys in the motor vehicle fund credited to any such
county, the cost thereof, together with the cost of engineering, supervision, and other proper items, or so much of the
47.08.080
47.08.050 Contracts with United States—Governor
to execute instrument to the United States. Whenever the
department has entered into an agreement under RCW
47.08.040 with the federal government or any agency thereof
requiring the execution of any deed, flowage easement, or
instrument of any nature, to the federal government or
agency, and the instrument is approved as to form by the
attorney general of the state of Washington, the governor of
the state of Washington is authorized and directed without
47.08.050
(2008 Ed.)
[Title 47 RCW—page 35]
47.08.090
Title 47 RCW: Public Highways and Transportation
money in the state treasury to the credit of the county as may
be necessary for use in conjunction with funds from the federal government to accomplish the work. The work shall then
be performed by the department and paid from the money so
set aside upon vouchers approved and submitted by the
department in the same manner as payment is made for such
work on state highways: PROVIDED, That the legislative
authority of any such county shall have, by proper resolution,
filed in duplicate in the office of the department and approved
by it, determined the county road construction, alteration,
repair, or improvement to be performed in such county and
the same is found to conform in all respects to the requirements necessary for the use of such funds of the federal government. [1984 c 7 § 96; 1973 c 106 § 22; 1961 c 13 §
47.08.080. Prior: 1937 c 187 § 59; RRS § 6450-59.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.090 Funds when department is in charge of city
street improvements. If any funds become available from
the federal government or otherwise for expenditure in conjunction with funds accruing to any incorporated city or town
for the construction, alteration, repair, or improvement of its
city streets designated as forming a part of the route of any
state highway through the incorporated city or town and the
work is to be performed by the department, the state treasurer
shall, upon notice from the department, set aside from any
moneys in the motor vehicle fund credited to the incorporated
city or town, the cost thereof or so much money in the state
treasury to the credit of the incorporated city or town as may
be necessary in conjunction with the funds from the federal
government or otherwise to accomplish the work, the cost to
be paid by the state treasurer from the money so set aside
upon vouchers approved and submitted by the department in
the same manner as payment is made for work on state highways. If any such incorporated city or town has agreed with
the state of Washington or the federal government as a condition precedent to the acquiring of federal funds for construction on any city street of the incorporated city or town designated as forming a part of the route of any state highways,
that the street will be maintained to a standard and the incorporated city or town fails to so maintain the city street, then
the department may perform the maintenance, and the state
treasurer is authorized to deduct the cost thereof from any
funds credited or to be credited to the incorporated city or
town and pay the same on vouchers approved and submitted
by the department in the same manner as payment is made for
work performed on state highways. [1984 c 7 § 97; 1973 c
106 § 23; 1961 c 13 § 47.08.090. Prior: 1937 c 187 § 65;
RRS § 6450-65.]
47.08.090
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.100 Illegal use of county or city road funds—
Procedure to correct. The department is authorized from
time to time to investigate expenditures from the county road
fund and the city street fund; and if it determines that unauthorized, illegal, or wrongful expenditures are being or have
been made from the fund it is authorized to proceed as follows: If the county road fund is involved it shall notify in
writing the county legislative authority and the county treasurer of its determination; and if the city street fund is
47.08.100
[Title 47 RCW—page 36]
involved it shall notify the city council or commission and the
mayor and city treasurer of the city or town of its determination. In its determination the department is authorized to
demand of those officials that the wrongful or illegal expenditures shall be stopped, adjusted, or remedied and that restitution of any wrongful or illegal diversion or use shall be
made; and it may notify the officials that if the wrong is not
stopped, remedied, or adjusted, or restitution made to its satisfaction within a specified period fixed by it, it will direct the
withholding of further payments to the county or city from
the motor vehicle fund. The county or city shall have ten days
after the notice is given within which to correct or remedy the
wrong, or wrongful and illegal practices, to make restitution,
or to adjust the matter to the satisfaction of the department.
If no correction, remedy, adjustment, or restitution is
made within ten days to the satisfaction of the department, it
has power to request in writing that the state treasurer withhold further payments from the motor vehicle fund to the
county or city; and it is the duty of the state treasurer upon
being so notified to withhold further payments from the
motor vehicle fund to the county or city involved until the
officials are notified in writing by the department that payments may be resumed.
The department is also authorized to notify in writing the
prosecuting attorney of the county in which the violation
occurs of the facts, and it is the duty of the prosecuting attorney to file charges and to criminally prosecute any and all
persons guilty of any such violation. [1984 c 7 § 98; 1973 c
106 § 24; 1961 c 13 § 47.08.100. Prior: 1943 c 82 § 13, part;
1937 c 187 § 66, part; Rem. Supp. 1943 § 6450-66, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.110
47.08.110 Misuse of county or city road funds—General penalty. It shall be unlawful and a misdemeanor, unless
the same is by this title or other law of this state declared to
be a felony or gross misdemeanor, to divert or use, or authorize, permit or participate in the diversion or use of any moneys in the county road fund or in the city street fund for any
other purpose or in any other manner than that authorized by
law. [1961 c 13 § 47.08.110. Prior: 1943 c 82 § 13, part;
1937 c 187 § 66, part; Rem. Supp. 1943 § 6450-66, part.]
47.08.120
47.08.120 Transportation equipment fund. There is
hereby created in the state treasury a state fund to be known
as the "transportation equipment fund," the same to be used
by the department of transportation as a revolving fund to be
expended for salaries, wages and operations required for the
repair, replacement, purchase and operation of equipment
and for purchase of equipment, materials and supplies to be
used as follows: (1) In the administration and operation of
this fund; and (2) in the administration, maintenance and construction of highways and transportation facilities.
The transportation equipment fund shall be credited, in
the case of equipment, with a reasonable rental assessed upon
the use of such equipment by the various state departments,
and in the case of materials and supplies, with a reasonable
charge for such materials and supplies. Such credit for rental
and charges for materials and supplies shall be charged
against the proper appropriation therefor.
(2008 Ed.)
Highway Construction Bonds
Equipment may be rented and materials and supplies
may be sold out of this fund to any federal, state, county or
city political subdivision or governmental agency. The terms
and charges for such rental and the prices for such sale shall
be solely within the discretion of the department of transportation and its determination of the charge for rental or sale
price shall be considered a reasonable rental charge or a reasonable sale price. Any political subdivision or governmental
agency shall make payment for such rental or for purchase of
such materials or supplies directly to the transportation
equipment fund at the office of the department of transportation at Olympia. [1979 c 39 § 1; 1961 c 13 § 47.08.120.
Prior: 1943 c 135 § 1; 1935 c 144 § 10; Rem. Supp. 1943 §
6600-1c.]
47.08.121 Transportation equipment fund declared
revolving fund of proprietary nature—Use. The "highway
equipment fund" as established by RCW 47.08.120 is
declared to be a revolving fund of a proprietary nature and
moneys that are or will be deposited in this fund are hereby
authorized for expenditures for the purposes provided by law.
[1961 c 13 § 47.08.121. Prior: 1959 c 326 § 3.]
47.08.121
47.08.130 Custody of federal funds—Disbursement.
The state treasurer is hereby authorized and directed to
receive and have custody of such funds and warrants drawn
by the secretary of transportation or other authorized agent of
the United States as are made available for payment by the
secretary of the treasury of the United States under the provisions of the federal aid road act approved July 11, 1916, and
all acts amendatory or supplementary thereto, disbursing the
same under such terms and conditions as may be prescribed
by the secretary of transportation or by the secretary of the
treasury or other authorized agent of the United States. The
state treasurer is further authorized and directed to pay from
the motor vehicle fund for the use of the department such
funds as may be necessary upon any project in anticipation of
reimbursement by the government of the United States.
[1984 c 7 § 99; 1961 c 13 § 47.08.130. Prior: 1937 c 53 § 45;
RRS § 6400-45; 1931 c 129 § 1; 1929 c 146 § 1; 1927 c 214
§ 1; 1925 c 4 § 1; 1923 c 41 § 1; 1921 c 89 § 1; 1919 c 56 §
1; RRS § 6850.]
47.08.130
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.10
Chapter 47.10 RCW
HIGHWAY CONSTRUCTION BONDS
Sections
FIRST PRIORITY PROJECT—1951 ACT
47.10.010
47.10.020
47.10.030
47.10.040
47.10.050
47.10.060
47.10.070
47.10.080
47.10.090
47.10.100
47.10.110
47.10.120
(2008 Ed.)
First priority highway projects—Declaration of.
Bond issue authorized—Use of motor vehicle fund.
Form and term of bonds.
Bonds not general obligations—Taxes pledged.
Sale of bonds.
Proceeds—Deposit and use.
Source of funds for payment of principal and interest.
Highway bond retirement fund.
Excess sums in bond retirement fund—Use.
Allocation of bonds.
Columbia Basin highway projects—Reimbursement by counties.
Columbia Basin highway projects—Limit as to amounts currently retained.
47.10.130
47.10.140
Chapter 47.10
Agate Pass Bridge to become toll free—Cancellation of Agate
Pass bonds.
Appropriation from motor vehicle fund.
ADDITIONAL BONDS—1953 ACT
47.10.150
47.10.160
47.10.170
47.10.180
47.10.190
47.10.200
47.10.210
47.10.220
47.10.230
47.10.240
47.10.250
47.10.260
47.10.270
Declaration of necessity for additional funds.
Additional bonds—Issuance and sale authorized—Use of
motor vehicle fund.
Additional bonds—Form and term of bonds.
Additional bonds—Bonds not general obligations—Taxes
pledged.
Additional bonds—Sale of bonds.
Additional bonds—Proceeds—Deposit and use.
Additional bonds—Source of funds for payment of principal
and interest.
Additional bonds—Highway bond retirement fund.
Additional bonds—Excess sums in bond retirement fund—
Use.
Additional bonds—Allocation—Primary state highway No. 1.
Additional bonds—Allocation—Primary state highway No. 2,
Snoqualmie Pass.
Additional bonds—Allocation—Columbia Basin highways.
Additional bonds—Allocation—Echo Lake route.
ADDITIONAL BONDS—1955 ACT
47.10.280
47.10.290
47.10.300
47.10.310
47.10.320
47.10.330
47.10.340
47.10.350
47.10.360
47.10.370
47.10.380
47.10.390
47.10.400
Construction in Grant, Franklin, Adams counties authorized—
Declaration of priority.
Construction in Grant, Franklin, Adams counties authorized—
Issuance and sale of bonds.
Construction in Grant, Franklin, Adams counties authorized—
Form and term of bonds.
Construction in Grant, Franklin, Adams counties authorized—
Bonds not general obligations—Taxes pledged.
Construction in Grant, Franklin, Adams counties authorized—
Sale of bonds.
Construction in Grant, Franklin, Adams counties authorized—
Bond proceeds—Deposit and use.
Construction in Grant, Franklin, Adams counties authorized—
Source of funds for payment of bond principal and interest.
Construction in Grant, Franklin, Adams counties authorized—
Highway bond retirement fund.
Construction in Grant, Franklin, Adams counties authorized—
Reimbursement by counties.
Construction in Grant, Franklin, Adams counties authorized—
Limit as to amounts currently retained from excise taxes.
Construction in Grant, Franklin, Adams counties authorized—
Excess sums in bond retirement fund—Use.
Construction in Grant, Franklin, Adams counties authorized—
Allocation of funds to each county.
Construction in Grant, Franklin, Adams counties authorized—
Appropriation from motor vehicle fund.
ADDITIONAL BONDS—1957 ACT
47.10.410
47.10.420
47.10.430
47.10.440
47.10.450
47.10.460
47.10.470
47.10.480
47.10.490
47.10.500
Echo Lake route—Declaration of necessity.
Echo Lake route—Additional bond issue authorized—Use of
motor vehicle fund.
Echo Lake route—Form and term of bonds.
Echo Lake route—Bonds not general obligations—Taxes
pledged.
Echo Lake route—Sale of bonds.
Echo Lake route—Proceeds—Deposit and use.
Echo Lake route—Source of funds for payment of principal
and interest.
Echo Lake route—Highway bond retirement fund.
Echo Lake route—Excess sums in bond retirement fund—
Use.
Echo Lake route—Appropriation from motor vehicle fund.
TACOMA-SEATTLE-EVERETT FACILITY—1957 ACT
47.10.700
47.10.702
47.10.704
47.10.706
47.10.708
47.10.710
47.10.712
47.10.714
Tacoma-Seattle-Everett facility—Declaration of necessity.
Tacoma-Seattle-Everett facility—To be part of federal system
as limited access—Federal standards and conditions to be
met.
Tacoma-Seattle-Everett facility—Powers and duties of highway commission—Route of project.
Tacoma-Seattle-Everett facility—Issuance and sale of bonds
authorized.
Tacoma-Seattle-Everett facility—Form and term of bonds.
Tacoma-Seattle-Everett facility—Sale of bonds.
Tacoma-Seattle-Everett facility—Proceeds from bonds—
Deposit and use.
Tacoma-Seattle-Everett facility—Bonds not general obligations—Taxes pledged.
[Title 47 RCW—page 37]
Chapter 47.10
47.10.716
47.10.718
47.10.720
47.10.722
47.10.724
Title 47 RCW: Public Highways and Transportation
Tacoma-Seattle-Everett facility—Source of funds for payment
of principal and interest.
Tacoma-Seattle-Everett facility—Additional security for payment of bonds—Pledge of federal funds.
Tacoma-Seattle-Everett facility—Highway bond retirement
fund.
Tacoma-Seattle-Everett facility—Excess sums in bond retirement fund—Use.
Tacoma-Seattle-Everett facility—Appropriation from motor
vehicle fund.
ADDITIONAL BONDS—1965 ACT
47.10.726
47.10.727
47.10.728
47.10.729
47.10.730
47.10.731
47.10.732
47.10.733
47.10.734
47.10.735
47.10.736
47.10.737
47.10.738
Construction in Grant, Franklin, Adams counties authorized—
Declaration of public interest.
Construction in Grant, Franklin, Adams counties authorized—
Issuance and sale of limited obligation bonds.
Construction in Grant, Franklin, Adams counties authorized—
Form and term of bonds.
Construction in Grant, Franklin, Adams counties authorized—
Bonds not general obligations—Taxes pledged.
Construction in Grant, Franklin, Adams counties authorized—
Sale of bonds—Legal investment for state funds.
Construction in Grant, Franklin, Adams counties authorized—
Bond proceeds—Deposit and use.
Construction in Grant, Franklin, Adams counties authorized—
Source of funds for payment of bond principal and interest.
Construction in Grant, Franklin, Adams counties authorized—
Highway bond retirement fund.
Construction in Grant, Franklin, Adams counties authorized—
Repayment to state by Grant, Franklin and Adams counties
by retention of funds.
Construction in Grant, Franklin, Adams counties authorized—
Repayment, limitation as to amount of funds retained—Deficits.
Construction in Grant, Franklin, Adams counties authorized—
Sums in excess of retirement requirements—Use.
Construction in Grant, Franklin, Adams counties authorized—
Allocation of bonds to counties—Conditions upon issuance—Use of county engineering forces.
Construction in Grant, Franklin, Adams counties authorized—
Appropriation from motor vehicle fund.
ADDITIONAL BONDS—CONSTRUCTION
AND IMPROVEMENT—1967 ACT
47.10.751
47.10.752
47.10.753
47.10.754
47.10.755
47.10.756
47.10.757
47.10.758
47.10.759
47.10.760
Additional funds—Declaration of necessity.
Additional funds—Issuance and sale of limited obligation
bonds.
Additional funds—Form and term of bonds.
Additional funds—Sale of bonds—Legal investment for state
funds.
Additional funds—Bond proceeds—Deposit and use.
Additional funds—Bonds not general obligations—Taxes
pledged.
Additional funds—Source of funds for payment of bond principal and interest.
Additional funds—Highway bond retirement fund.
Additional funds—Sums in excess of retirement requirements—Use.
Additional funds—Appropriation from motor vehicle fund.
RESERVE FUNDS FOR HIGHWAY, STREET,
AND ROAD PURPOSES—1967 ACT
47.10.761
47.10.762
47.10.763
47.10.764
47.10.765
47.10.766
47.10.767
47.10.768
47.10.769
47.10.770
47.10.771
Reserve funds—Purposes.
Issuance and sale of general obligation bonds.
Bonds—Term—Terms and conditions—Signatures—Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge of
excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Pledge of federal aid funds.
Bonds—Repayment procedure—Bond retirement fund.
Bonds—Sums in excess of retirement requirements—Use.
Bonds—Appropriation from motor vehicle fund.
STATE HIGHWAYS IN URBAN AREAS
47.10.775
Issuance and sale of limited obligation bonds, terms, conditions, retirement, use of proceeds, etc.
[Title 47 RCW—page 38]
COUNTY AND CITY ARTERIALS IN URBAN AREAS
47.10.777
Issuance and sale of limited obligation bonds, terms, conditions, retirement, use of proceeds, etc.
INTERSTATE 90 COMPLETION—1979 ACT
47.10.790
47.10.791
47.10.792
47.10.793
47.10.794
47.10.795
47.10.796
47.10.797
47.10.798
47.10.799
47.10.800
Issuance and sale of general obligation bonds—State route 90
improvements.
Administration and amount of bond sales.
Bond proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Repayment procedure—Bond retirement fund.
Sums in excess of retirement requirements—Use.
Bonds legal investment for state funds.
Bonds equal charge against fuel tax revenues.
Appropriation—Expenditure limited to bond sale proceeds.
Severability—1979 ex.s. c 180.
INTERSTATE HIGHWAY, CATEGORY A,
CATEGORY C IMPROVEMENTS—1981 ACT
47.10.801
47.10.802
47.10.803
47.10.804
47.10.805
47.10.806
47.10.807
47.10.808
47.10.809
47.10.811
Issuance and sale of general obligation bonds.
Administration and amount of bond sales.
Bond proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Repayment procedure—Bond retirement fund.
Sums in excess of retirement requirements—Use.
Bonds legal investment for state funds.
Bonds equal charge against fuel tax revenues.
Severability—1981 c 316.
CATEGORY C IMPROVEMENTS—1993 ACT
47.10.812
47.10.813
47.10.814
47.10.815
47.10.816
47.10.817
47.10.818
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Equal charge against fuel tax revenues.
Severability—1993 c 431.
INTERSTATE, OTHER HIGHWAY IMPROVEMENTS—1993 ACT
47.10.819
47.10.820
47.10.821
47.10.822
47.10.823
47.10.824
47.10.825
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Equal charge against fuel tax revenues.
Severability—1993 c 432.
PUBLIC-PRIVATE TRANSPORTATION INITIATIVES—1994 ACT
47.10.834
47.10.835
47.10.836
47.10.837
47.10.838
47.10.839
47.10.841
47.10.842
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Designation of funds to repay bonds and interest.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle excise tax revenues.
Severability—1994 c 183.
STATE AND LOCAL HIGHWAY IMPROVEMENTS—1998 ACT
47.10.843
47.10.844
47.10.845
47.10.846
47.10.847
47.10.848
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax revenues.
2003 TRANSPORTATION PROJECTS—NICKEL ACCOUNT
47.10.861
47.10.862
47.10.863
47.10.864
47.10.865
47.10.866
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax revenues.
MULTIMODAL TRANSPORTATION PROJECTS—2003 ACT
47.10.867
47.10.868
Bond issue authorized—Appropriation of proceeds.
Proceeds—Deposit and use.
(2008 Ed.)
Highway Construction Bonds
47.10.869
47.10.870
47.10.871
47.10.872
Repayment procedure.
Statement of general obligation—Transfer and payment of
funds.
Additional repayment means.
Legal investment.
SELECTED PROJECTS AND IMPROVEMENTS—2005 ACT
47.10.873
47.10.874
47.10.875
47.10.876
47.10.877
47.10.878
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax revenues.
FIRST PRIORITY PROJECT—1951 ACT
47.10.010 First priority highway projects—Declaration of. Reconstruction of primary state highway No. 1 from
Oregon to British Columbia, construction of four traffic lanes
at Snoqualmie Pass, construction of an adequate highway
bridge from Pasco to Kennewick and construction of county
arterial highways and farm to market roads in Grant, Franklin
and Adams counties to coincide with the opening of lands for
settlement in the Columbia Basin irrigation project, are
declared to be highway projects of the first priority. The construction of such projects is required in the interest of the
public safety and for the orderly development of the state.
The reimbursement of the motor vehicle fund for money used
to purchase Agate Pass Bridge bonds will also make possible
other war emergency or high priority highway construction.
The threat of war makes acceleration of construction a vital
necessity at this time. [1961 c 13 § 47.10.010. Prior: 1951 c
121 § 1.]
47.10.010
47.10.020 Bond issue authorized—Use of motor vehicle fund. To provide funds for accelerating construction of
these first priority projects, and to reimburse the motor vehicle fund for money expended for Agate Pass Bridge construction there shall be issued and sold limited obligation bonds of
the state of Washington in the sum of sixty-six million seven
hundred three thousand, six hundred and twenty-five dollars.
The issuance, sale and retirement of said bonds shall be under
the general supervision and control of the state finance committee. The state finance committee shall, when notified by
the Washington state highway commission, provide for the
issuance of coupon or registered bonds to be dated, issued
and sold from time to time in such amounts as may be necessary to the orderly progress of construction of the first priority projects: PROVIDED, That if funds are available in the
motor vehicle fund in an amount greater than is necessary to
pay current demands such funds may be used to finance these
first priority projects until such time as bonds are sold, as provided by law, at which time the motor vehicle fund shall be
reimbursed. [1961 c 13 § 47.10.020. Prior: 1955 c 117 § 1;
1951 c 121 § 2.]
47.10.020
47.10.060
mittee may prescribe to be specified therein. The bonds shall
be signed by the governor and the state auditor under the seal
of the state, one of which signatures shall be made manually
and the other signature may be in printed facsimile, and any
coupons attached to such bonds shall be signed by the same
officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the holder on
presentation to the state treasurer or at the fiscal agency of the
state of Washington in New York City, as to principal alone,
or as to both principal and interest under such regulations as
the state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued under authority of RCW 47.10.010 through
47.10.140 shall be fully negotiable instruments. [1961 c 13 §
47.10.030. Prior: 1951 c 121 § 3.]
47.10.040 Bonds not general obligations—Taxes
pledged. Bonds issued under the provisions of RCW
47.10.010 through 47.10.140 shall distinctly state that they
are not a general obligation of the state, but are payable in the
manner provided in RCW 47.10.010 through 47.10.140 from
the proceeds of all state excise taxes on motor vehicle fuels
imposed by chapter 82.36 RCW and RCW 82.36.020,
82.36.230, 82.36.250, and 82.36.400, as derived from chapter
58, Laws of 1933, as amended, and as last amended by chapter 220, Laws of 1949; and *chapter 82.40 RCW and RCW
82.40.020, as derived from chapter 127, Laws of 1941, as
amended, and as last amended by chapter 220, Laws of 1949.
The proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.10.010 through 47.10.140, and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay the principal and interest on all bonds issued under the
provisions of RCW 47.10.010 through 47.10.140 when due.
[1961 c 13 § 47.10.040. Prior: 1951 c 121 § 4.]
47.10.040
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020 were
repealed by 1971 ex.s. c 175 § 33; for later enactment see chapter 82.38
RCW.
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.10.050 Sale of bonds. The bonds issued hereunder
shall be in denominations to be prescribed by the state
finance committee and may be sold in such manner and in
such amounts and at such times and on such terms and conditions as the committee may prescribe. If bonds are sold to any
purchaser other than the state of Washington, they shall be
sold at public sale, and it shall be the duty of the state finance
committee to cause such sale to be advertised in such manner
as it shall deem sufficient. Bonds issued under the provisions
of RCW 47.10.010 through 47.10.140 shall be legal investment for any of the funds of the state, except the permanent
school fund: PROVIDED, That bonds authorized herein to
reimburse the motor vehicle fund for the cost of the Agate
Pass Bridge construction shall be sold at the earliest date
which the committee finds feasible. [1961 c 13 § 47.10.050.
Prior: 1951 c 121 § 5.]
47.10.030 Form and term of bonds. Each of such
bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance com-
47.10.060 Proceeds—Deposit and use. The money
arising from the sale of said bonds shall be deposited in the
state treasury to the credit of the motor vehicle fund and such
money shall be available only for the construction of such
47.10.030
(2008 Ed.)
47.10.050
47.10.060
[Title 47 RCW—page 39]
47.10.070
Title 47 RCW: Public Highways and Transportation
first priority projects, reimbursement of the motor vehicle
fund for money expended for construction of the Agate Pass
Bridge in order to make such money available for war emergency highway projects or other high priority highway uses,
and payment of the expense incurred in the printing, issuance
and sale of any such bonds. [1961 c 13 § 47.10.060. Prior:
1951 c 121 § 6.]
47.10.070 Source of funds for payment of principal
and interest. Any funds required to repay such bonds, or the
interest thereon when due, subject to the proviso of this section, shall be taken from that portion of the motor vehicle
fund which results from the imposition of all excise taxes on
motor vehicle fuels and which is, or may be, appropriated to
the department for state highway purposes, and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
the interest on any bonds: PROVIDED, That money required
hereunder to pay interest on or to retire any bonds issued for
Columbia Basin county arterial highways or farm to market
roads shall be repaid by any such county or counties wherein
such highways or roads are constructed in the manner set
forth in RCW 47.10.110. [1984 c 7 § 100; 1961 c 13 §
47.10.070. Prior: 1951 c 121 § 7.]
47.10.070
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.080 Highway bond retirement fund. At least
one year prior to the date any interest is due and payable on
such bonds or before the maturity date of any bonds, the state
finance committee shall estimate, subject to the provisions of
RCW 47.10.070, the percentage of the receipts in money of
the motor vehicle fund, resulting from collection of excise
taxes on motor vehicle fuels, for each month of the year
which will be required to meet interest or bond payments
hereunder when due, and shall notify the state treasurer of
such estimated requirement. The state treasurer shall thereafter from time to time each month as such funds are paid into
the motor vehicle fund, transfer such percentage of the
monthly receipts from excise taxes on motor vehicle fuels of
the motor vehicle fund to the highway bond retirement fund,
which is hereby established, and which fund shall be available solely for payment of such interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1961 c 13
§ 47.10.080. Prior: 1951 c 121 § 8.]
47.10.080
47.10.090 Excess sums in bond retirement fund—
Use. Whenever the percentage of the motor vehicle fund
arising from excise taxes on motor fuels, payable into the
highway bond retirement fund, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion
of the state finance committee, be available for the prior
47.10.090
[Title 47 RCW—page 40]
redemption of any bonds or remain available in the fund to
reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1961 c 13 § 47.10.090. Prior: 1951 c 121 § 11.]
47.10.100 Allocation of bonds. The bonds authorized
herein are allocated to the first priority projects as follows:
(1) Forty-nine million two hundred fifty thousand dollars
of the total issue for the acceleration of the reconstruction of
primary state highway No. 1, said amount to be expended on
said primary state highway No. 1 as follows: Thirty-three
million five hundred thousand dollars between Everett, Seattle, Tacoma, Olympia, Chehalis, Centralia, Kelso, Vancouver, and the Oregon boundary line, and fifteen million seven
hundred fifty thousand dollars between Everett and the Canadian boundary line;
(2) Six million five hundred thousand dollars of the total
issue for the construction of the highway bridge from Pasco
to Kennewick;
(3) Four million two hundred fifty thousand dollars of
the total issue for the construction of a four lane highway at
Snoqualmie Pass;
(4) Five million dollars of the total issue for the construction of Columbia Basin county arterial highways and farm to
market roads in Grant, Franklin and Adams counties, for
which the state must be reimbursed as provided in RCW
47.10.110; and
(5) One million seven hundred three thousand six hundred twenty-five dollars of the total issue for reimbursement
of the motor vehicle fund for money spent for Washington
toll bridge authority bonds purchased in connection with the
construction of the Agate Pass Bridge, said sum of one million seven hundred three thousand six hundred twenty-five
dollars to be used when it becomes available in the motor
vehicle fund, under allotments to be made by the director of
highways, for war emergency or other high priority highway
projects: PROVIDED, That no bonds shall be issued for
Columbia Basin county arterial highway and road purposes
unless expenditures are actually required for the settlement of
lands ready for irrigation in the Columbia Basin project and
all construction of arterial highways and roads in such counties shall be accomplished by the engineering forces of the
various counties under the supervision of the director of highways. [1961 c 13 § 47.10.100. Prior: 1951 c 121 § 12.]
47.10.100
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.10.110 Columbia Basin highway projects—Reimbursement by counties. The secretary shall report separately to the state finance committee all sums expended from
funds resulting from the sale of bonds for Columbia Basin
county arterial highways and farm to market roads in Grant,
Franklin, and Adams counties under the provisions of RCW
47.10.010 through 47.10.140. Those counties shall repay to
the state all the cost of any Columbia Basin highway or road
facilities actually constructed under the provisions of RCW
47.10.010 through 47.10.140 within each of such counties as
follows: The state finance committee, at least one year prior
to the date any interest is due and payable on such bonds or
before the maturity date of any such bonds, shall ascertain the
47.10.110
(2008 Ed.)
Highway Construction Bonds
percentage of the motor vehicle funds arising from the excise
taxes on motor vehicle fuels, which is to be transferred to
such counties under the provisions of law which will be necessary to pay all of the interest upon or retire when due all of
the portion of said bonds chargeable to expenditures incurred
under the provisions of RCW 47.10.010 through 47.10.140 in
each of said counties. The state finance committee shall
notify the state treasurer of this estimate and the treasurer
shall thereafter, when distributions are made from the motor
vehicle fund to counties, retain such percentage of the total
sums credited to such counties as aforesaid in the motor vehicle fund arising from the excise taxes on motor vehicle fuels
until such fund is fully reimbursed for all expenditures under
RCW 47.10.010 through 47.10.140 in Grant, Adams, and
Franklin counties. Any money so retained shall be available
for state highway purposes. [1984 c 7 § 101; 1961 c 13 §
47.10.110. Prior: 1951 c 121 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.120
47.10.120 Columbia Basin highway projects—Limit
as to amounts currently retained. The sums retained from
motor vehicle funds arising from the excise taxes on motor
vehicle fuel, of any such counties shall not exceed in any distribution period fifty percent of the total amount to be credited to such county. If there shall be a deficit in the amount
available for reimbursement of the motor vehicle fund, due to
this provision, then such deficit shall continue to be a charge
against any sums due any such county from the motor vehicle
fund from such excise taxes until the full cost of such Columbia Basin highway facilities is paid. [1961 c 13 § 47.10.120.
Prior: 1951 c 121 § 10.]
47.10.130
47.10.130 Agate Pass Bridge to become toll free—
Cancellation of Agate Pass bonds. When the state finance
committee has made arrangements for the sale of sufficient
bonds to reimburse the motor vehicle fund in the sum of one
million seven hundred three thousand six hundred twentyfive dollars as aforesaid, the committee shall notify the
Washington toll bridge authority and the authority is thereafter directed to transfer the Agate Pass Bridge to the highway
department for operation as a toll free part of the state highway system. The bonds of the authority issued to construct
the Agate Pass Bridge shall then be canceled. [1961 c 13 §
47.10.130. Prior: 1951 c 121 § 13.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Terms
"Washington state toll bridge authority" and "authority" mean department of
transportation; see RCW 47.04.015.
47.10.140
47.10.140 Appropriation from motor vehicle fund.
There is appropriated from the motor vehicle fund for the
biennium ending March 31, 1953 the sum of sixty-six million
seven hundred three thousand six hundred and twenty-five
dollars, or so much thereof as may be necessary, to carry out
the provisions of RCW 47.10.010 through 47.10.140, but no
money shall be available under this appropriation from said
fund unless a like amount of the bonds provided for herein
are sold and the money derived deposited to the credit of such
fund. [1961 c 13 § 47.10.140. Prior: 1951 c 121 § 15.]
(2008 Ed.)
47.10.160
ADDITIONAL BONDS—1953 ACT
47.10.150
47.10.150 Declaration of necessity for additional
funds. Increased construction costs for highway and bridge
construction since the enactment of a highway bond issue by
the 1951 legislature makes necessary additional money with
which to complete the sections of primary state highway No.
1 planned from funds allocated under RCW 47.10.010
through 47.10.140 and it is vital to the economy of the state
and the safety of the traffic that these sections shall be completed to relieve traffic congestions, to add capacity in event
of war, and to presently insure greater safety to highway
users; the rapid increase of traffic across Snoqualmie Pass
necessitates continued improvement of primary state highway No. 2 to provide four-lane paving contiguous to Snoqualmie Pass as the funds will permit; the rapid increase of
traffic and the facilitation of movement of military forces and
equipment from the military centers of the state makes imperative the construction of a highway from primary state highway No. 2 beginning approximately four miles west of North
Bend thence southwesterly by the most feasible route by the
way of Auburn to a junction with primary state highway No.
1 in the vicinity of Milton; said highway to follow approximately the route surveyed by the director of highways and
covered in the report filed by him with the 1951 legislature
commonly known as the "Echo Lake Route," as the funds
provided for herein will permit; the construction of secondary
state highways in to the Columbia Basin area is immediately
necessary to provide needed state arterial highways for the
irrigated lands of the Columbia Basin areas to market centers
and thereby encourage the full development of the basin
project. The construction of such projects is required in the
interest of the public safety and for the orderly development
of the state. The threat of war makes acceleration of construction a vital necessity at this time. [1961 c 13 § 47.10.150.
Prior: 1953 c 154 § 1.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to department of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.160
47.10.160 Additional bonds—Issuance and sale
authorized—Use of motor vehicle fund. To provide funds
for accelerating construction of these priority projects there
shall be issued and sold limited obligation bonds of the state
of Washington in the sum of eighteen million dollars. The
issuance, sale and retirement of said bonds shall be under the
general supervision and control of the state finance committee. The state finance committee shall, when notified by the
Washington state highway commission, provide for the issuance of coupon or registered bonds to be dated, issued and
sold from time to time in such amounts as may be necessary
to the orderly progress of construction of the first priority
projects: PROVIDED, That if funds are available in the
motor vehicle fund in an amount greater than is necessary to
pay current demands such funds may be used to finance these
first priority projects until such time as bonds are sold, as provided by law, at which time the motor vehicle fund shall be
reimbursed. [1961 c 13 § 47.10.160. Prior: 1955 c 117 § 2;
1953 c 154 § 2.]
[Title 47 RCW—page 41]
47.10.170
Title 47 RCW: Public Highways and Transportation
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
for any of the funds of the state, except the permanent school
fund. [1961 c 13 § 47.10.190. Prior: 1953 c 154 § 5.]
47.10.200 Additional bonds—Proceeds—Deposit
and use. The money arising from the sale of said bonds shall
be deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
construction of such priority projects, and payment of the
expense incurred in the printing, issuance and sale of any
such bonds. [1961 c 13 § 47.10.200. Prior: 1953 c 154 § 6.]
47.10.200
47.10.170 Additional bonds—Form and term of
bonds. Each of such bonds shall be made payable at any time
not exceeding twenty-five years from the date of its issuance,
with such reserved rights of prior redemption as the state
finance committee may prescribe to be specified therein. The
bonds shall be signed by the governor and the state auditor
under the seal of the state, one of which signatures shall be
made manually and the other signature may be in printed facsimile, and any coupons attached to such bonds shall be
signed by the same officers whose signatures thereon may be
in printed facsimile. Any bonds may be registered in the
name of the holder on presentation to the state treasurer or at
the fiscal agency of the state of Washington in New York
City, as to principal alone, or as to both principal and interest
under such regulations as the state treasurer may prescribe.
Such bonds shall be payable at such places as the state
finance committee may provide. All bonds issued under
authority of RCW 47.10.150 through 47.10.270 shall be fully
negotiable instruments. [1961 c 13 § 47.10.170. Prior: 1953
c 154 § 3.]
47.10.170
47.10.180 Additional bonds—Bonds not general obligations—Taxes pledged. Bonds issued under the provisions
of RCW 47.10.150 through 47.10.270 shall distinctly state
that they are not a general obligation of the state, but are payable in the manner provided in RCW 47.10.150 through
47.10.270 from the proceeds of all state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW and RCW
82.36.020, 82.36.230, 82.36.250, and 82.36.400, as derived
from chapter 58, Laws of 1933, as amended, and as last
amended by chapter 220, Laws of 1949; and *chapter 82.40
RCW and RCW 82.40.020, as derived from chapter 127,
Laws of 1941, as amended, and as last amended by chapter
220, Laws of 1949. The proceeds of such excise taxes are
hereby pledged to the payment of any bonds and the interest
thereon issued under the provisions of RCW 47.10.150
through 47.10.270 and the legislature hereby agrees to continue to impose the same excise taxes on motor vehicle fuels
in amounts sufficient to pay the principal and interest on all
bonds issued under the provisions of RCW 47.10.150
through 47.10.270 when due. [1961 c 13 § 47.10.180. Prior:
1953 c 154 § 4.]
47.10.180
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.190 Additional bonds—Sale of bonds. The
bonds issued under RCW 47.10.150 through 47.10.270 shall
be in denominations to be prescribed by the state finance
committee and may be sold in such manner and in such
amounts and at such times and on such terms and conditions
as the committee may prescribe. If bonds are sold to any purchaser other than the state of Washington, they shall be sold
at public sale, and it shall be the duty of the state finance committee to cause such sale to be advertised in such manner as it
shall deem sufficient. Bonds issued under the provisions of
RCW 47.10.150 through 47.10.270 shall be legal investment
47.10.190
[Title 47 RCW—page 42]
47.10.210 Additional bonds—Source of funds for
payment of principal and interest. Any funds required to
repay such bonds, or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which
results from the imposition of all excise taxes on motor vehicle fuels and which is, or may be, appropriated to the department for state highway purposes, and shall never constitute a
charge against any allocations of such funds to counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise taxes on motor vehicle fuels
and available for state highway purposes proves insufficient
to meet the requirements for bond retirement or the interest
on any bonds. [1984 c 7 § 102; 1961 c 13 § 47.10.210. Prior:
1953 c 154 § 7.]
47.10.210
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.220 Additional bonds—Highway bond retirement fund. At least one year prior to the date any interest is
due and payable on such bonds or before the maturity date of
any bonds, the state finance committee shall estimate the percentage of the receipts in money of the motor vehicle fund,
resulting from collection of excise taxes on motor vehicle
fuels, for each month of the year which will be required to
meet interest or bond payments under RCW 47.10.150
through 47.10.270 when due, and shall notify the state treasurer of such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle fuels
of the motor vehicle fund to the highway bond retirement
fund, and which fund shall be available solely for payment of
such interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimate so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1961 c 13 § 47.10.220.
Prior: 1953 c 154 § 8.]
47.10.220
47.10.230 Additional bonds—Excess sums in bond
retirement fund—Use. Whenever the percentage of the
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may, in
the discretion of the state finance committee, be available for
the prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax por47.10.230
(2008 Ed.)
Highway Construction Bonds
tion of the motor vehicle fund at the next interest or bond payment period. [1961 c 13 § 47.10.230. Prior: 1953 c 154 § 9.]
47.10.240 Additional bonds—Allocation—Primary
state highway No. 1. Seven million dollars of the total issue
of the bonds authorized by RCW 47.10.150 through
47.10.270 are allocated for accelerating the completion of
four-lane construction of primary state highway No. 1. [1961
c 13 § 47.10.240. Prior: 1953 c 154 § 10.]
47.10.240
47.10.250 Additional bonds—Allocation—Primary
state highway No. 2, Snoqualmie Pass. Five million dollars
of the total issue of the bonds authorized by RCW 47.10.150
through 47.10.270 are allocated for accelerating four-lane
construction of primary state highway No. 2 contiguous to
Snoqualmie Pass. [1961 c 13 § 47.10.250. Prior: 1953 c 154
§ 11.]
47.10.250
47.10.260 Additional bonds—Allocation—Columbia
Basin highways. Three million dollars of the total issue of
the bonds authorized by RCW 47.10.150 through 47.10.270
are allocated for accelerating the construction of secondary
state highways in the Columbia Basin area. [1961 c 13 §
47.10.260. Prior: 1953 c 154 § 12.]
47.10.260
47.10.270 Additional bonds—Allocation—Echo
Lake route. Three million dollars of the total issue of the
bonds authorized by RCW 47.10.150 through 47.10.270 are
allocated insofar as said funds will permit to the construction
of a highway from primary state highway No. 2 beginning
approximately four miles west of North Bend thence southwesterly by the most feasible route by the way of Auburn to
a junction with primary state highway No. 1 in the vicinity of
Milton. [1961 c 13 § 47.10.270. Prior: 1953 c 154 § 13.]
47.10.320
progress of construction of this first priority project. [1961 c
13 § 47.10.290. Prior: 1955 c 311 § 2.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.10.300 Construction in Grant, Franklin, Adams
counties authorized—Form and term of bonds. Each of
such bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance committee may prescribe to be specified therein. The bonds shall
be signed by the governor and the state auditor under the seal
of the state, one of which signatures shall be made manually
and the other signatures may be printed facsimile. Any bonds
may be registered in the name of the holder by the same officers whose signatures thereon may be in printed facsimile.
Any bonds may be registered in the name of the holder on
presentation to the state treasurer or at the fiscal agency of the
state of Washington in New York City, as to principal alone,
or as to both principal and interest under such regulations as
the state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued under authority of RCW 47.10.280 through
47.10.400 shall be fully negotiable instruments. [1961 c 13 §
47.10.300. Prior: 1955 c 311 § 3.]
47.10.300
47.10.270
ADDITIONAL BONDS—1955 ACT
47.10.280 Construction in Grant, Franklin, Adams
counties authorized—Declaration of priority. Construction of county arterial highways and farm to market roads in
Grant, Franklin and Adams counties to coincide with the
opening of lands for settlement in the Columbia Basin irrigation project, is declared to be a project of the first priority.
The construction of said project is required in the interest of
the public safety and for the orderly development of the state.
[1961 c 13 § 47.10.280. Prior: 1955 c 311 § 1.]
47.10.280
47.10.290 Construction in Grant, Franklin, Adams
counties authorized—Issuance and sale of bonds. To provide funds for construction of this first priority project, there
shall be issued and sold limited obligation bonds of the state
of Washington in the sum of four million three hundred thousand dollars.
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee. The state finance committee shall, when notified
by the director of highways, provide for the issuance of coupon or registered bonds to be dated, issued and sold from time
to time in such amounts as may be necessary to the orderly
47.10.290
(2008 Ed.)
47.10.310 Construction in Grant, Franklin, Adams
counties authorized—Bonds not general obligations—
Taxes pledged. Bonds issued under the provisions of RCW
47.10.280 through 47.10.400 shall distinctly state that they
are not a general obligation of the state, but are payable in the
manner provided in RCW 47.10.280 through 47.10.400 from
the proceeds of all state excise taxes on motor vehicle fuels
imposed by chapter 82.36 RCW, and RCW 82.36.020,
82.36.230, 82.36.250 and 82.36.400; and *chapter 82.40
RCW and RCW 82.40.020. The proceeds of such excise
taxes are pledged to the payment of any bonds and the interest thereon issued under the provisions of RCW 47.10.280
through 47.10.400. The legislature agrees to continue to
impose the same excise taxes on motor fuels in amounts sufficient to pay the principal and interest on all bonds issued
under the provisions of RCW 47.10.280 through 47.10.400
when due. [1961 c 13 § 47.10.310. Prior: 1955 c 311 § 4.]
47.10.310
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.320 Construction in Grant, Franklin, Adams
counties authorized—Sale of bonds. The bonds issued
hereunder shall be in denominations to be prescribed by the
state finance committee. They may be sold in such manner
and in such amounts and at such times and on such terms and
conditions as the committee may prescribe. If such bonds are
sold to any purchaser other than the state of Washington, they
shall be sold at public sale. It shall be the duty of the state
finance committee to cause such sale to be advertised in such
manner as it shall deem sufficient. Bonds issued under the
provisions of RCW 47.10.280 through 47.10.400 shall be
legal investment for any of the funds of the state, except the
permanent school fund. [1961 c 13 § 47.10.320. Prior: 1955
c 311 § 5.]
47.10.320
[Title 47 RCW—page 43]
47.10.330
Title 47 RCW: Public Highways and Transportation
47.10.330 Construction in Grant, Franklin, Adams
counties authorized—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be deposited in the state treasury to the credit of the motor vehicle
fund and such money shall be available only for the construction of this first priority project, and payment of the expense
incurred in the printing, issuance and sale of any such bonds.
[1961 c 13 § 47.10.330. Prior: 1955 c 311 § 6.]
47.10.330
47.10.340 Construction in Grant, Franklin, Adams
counties authorized—Source of funds for payment of
bond principal and interest. Any funds required to repay
such bonds, or the interest thereon when due, subject to the
proviso of this section, shall be taken from that portion of the
motor vehicle fund which results from the imposition of all
excise taxes on motor vehicle fuels and which is, or may be,
appropriated to the department for state highway purposes.
They shall never constitute a charge against any allocation of
such funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or the interest on any bonds: PROVIDED,
That money required hereunder to pay interest on or to retire
any bonds issued for Columbia Basin county arterial highways or farm to market roads shall be repaid by any such
county or counties wherein such highways or roads are constructed in the manner set forth in RCW 47.10.360. [1984 c
7 § 103; 1961 c 13 § 47.10.340. Prior: 1955 c 311 § 7.]
47.10.340
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.350 Construction in Grant, Franklin, Adams
counties authorized—Highway bond retirement fund. At
least one year prior to the date any interest is due and payable
on such bonds or before the maturity date of any bonds, the
state finance committee shall estimate, subject to the provisions of RCW 47.10.340, the percentage of receipts in money
of the motor vehicle fuels, resulting from collection of excise
taxes on motor vehicle fuels, for each month of the year
which will be required to meet interest or bond payments
hereunder when due, and shall notify the state treasurer of
such estimated requirement. The state treasurer shall thereafter from time to time each month as such funds are paid into
the motor vehicle fund, transfer such percentage of the
monthly receipts from excise taxes on motor vehicle fuels of
the motor vehicle fund to the highway bond retirement fund,
which is hereby established, and which fund shall be available solely for payment of such interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1961 c 13
§ 47.10.350. Prior: 1955 c 311 § 8.]
47.10.350
47.10.360 Construction in Grant, Franklin, Adams
counties authorized—Reimbursement by counties. The
secretary shall report to the state finance committee all sums
expended from funds resulting from the sale of bonds for
47.10.360
[Title 47 RCW—page 44]
Columbia Basin county arterial highways and farm to market
roads in Grant, Franklin, and Adams counties under the provisions of RCW 47.10.280 through 47.10.400. Those counties shall repay to the state all the cost of any Columbia Basin
highway or road facilities actually constructed under the provisions of RCW 47.10.280 through 47.10.400 within each of
those counties as follows: The state finance committee, at
least one year prior to the date any such interest is due and
payable on such bonds or before the maturity date of any such
bonds, shall ascertain the percentage of the motor vehicle
funds arising from the excise taxes on motor vehicle fuels,
which is to be transferred to such counties under the provisions of law which will be necessary to pay all of the interest
upon or retire when due all of the portion of said bonds
chargeable to expenditures incurred under the provisions of
RCW 47.10.280 through 47.10.400 in each of said counties.
The state finance committee shall notify the state treasurer of
this estimate and the treasurer shall thereafter, when distributions are made from the motor vehicle fund to counties, retain
such percentage of the total sums credited to such counties as
aforesaid in the motor vehicle fund arising from such excise
taxes on motor vehicle fuels until such fund is fully reimbursed for all expenditures under RCW 47.10.280 through
47.10.400 in Grant, Adams, and Franklin counties. Any
money so retained shall be available for state highway purposes. [1984 c 7 § 104; 1961 c 13 § 47.10.360. Prior: 1955 c
311 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.370 Construction in Grant, Franklin, Adams
counties authorized—Limit as to amounts currently
retained from excise taxes. The sums retained from motor
vehicle funds, arising from the excise taxes on motor vehicle
fuel, of any such counties shall not exceed in any distribution
period fifty percent of the total amount to be credited to such
county. If there shall be a deficit in the amount available for
reimbursement of the motor vehicle fund, due to this provision, then such deficit shall continue to be a charge against
any sums due any such county from the motor vehicle fund
from such excise taxes until the full cost of such Columbia
Basin highway facilities is paid. [1961 c 13 § 47.10.370.
Prior: 1955 c 311 § 10.]
47.10.370
47.10.380 Construction in Grant, Franklin, Adams
counties authorized—Excess sums in bond retirement
fund—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor fuels, payable into
the highway bond retirement fund, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion
of the state finance committee, be available for prior redemption of any bonds or remain available in the fund to reduce the
requirements upon the fuel excise tax portion of the motor
vehicle fund at the next interest or bond payment period.
[1961 c 13 § 47.10.380. Prior: 1955 c 311 § 11.]
47.10.380
47.10.390 Construction in Grant, Franklin, Adams
counties authorized—Allocation of funds to each county.
The bonds authorized herein are allocated to the counties as
follows:
47.10.390
(2008 Ed.)
Highway Construction Bonds
(1) For Adams county—six hundred thousand dollars.
(2) For Franklin county—one million five hundred thousand dollars.
(3) For Grant county—two million two hundred thousand dollars:
PROVIDED, That no bonds shall be issued for Columbia Basin county arterial highway and road purposes unless
expenditures are actually required for the settlement of lands
ready for irrigation in the Columbia Basin project and all construction of arterial highways and roads in such counties shall
be accomplished by the engineering forces of the various
counties under the supervision of the director of highways.
[1961 c 13 § 47.10.390. Prior: 1955 c 311 § 12.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.10.400 Construction in Grant, Franklin, Adams
counties authorized—Appropriation from motor vehicle
fund. There is appropriated from the motor vehicle fund for
the biennium ending June 30, 1957 the sum of four million
three hundred thousand dollars, or so much thereof as may be
necessary, to carry out the provisions of RCW 47.10.280
through 47.10.400, but no money shall be available under this
appropriation from said fund unless a like amount of the
bonds provided for herein are sold and the money derived
deposited to the credit of such fund. [1961 c 13 § 47.10.400.
Prior: 1955 c 311 § 13.]
47.10.400
ADDITIONAL BONDS—1957 ACT
47.10.410 Echo Lake route—Declaration of necessity. Increased costs for highway and bridge construction
since the enactment of the highway bond issues authorized by
the 1951, 1953 and 1955 legislatures makes necessary additional money with which to complete that portion of primary
state highway No. 2, beginning approximately four miles
west of North Bend thence southwesterly by the most feasible route by way of Auburn to a junction with primary state
highway No. 1 in the vicinity of Milton, commonly known as
the "Echo Lake Route." It is vital to the economy of the state
and traffic safety that this project be constructed as soon as
the funds provided herein will permit. [1961 c 13 §
47.10.410. Prior: 1957 c 206 § 1.]
47.10.410
47.10.420 Echo Lake route—Additional bond issue
authorized—Use of motor vehicle fund. To provide additional funds for the construction of the "Echo Lake Route," in
addition to bonds authorized to be sold by RCW 47.10.160
and as allocated by RCW 47.10.270, there shall be issued and
sold limited obligation bonds of the state of Washington in
the sum of three million dollars. The issuance, sale and retirement of said bonds shall be under the general supervision and
control of the state finance committee. The state finance committee shall when notified by the Washington state highway
commission, provide for the issuance of coupon or registered
bonds to be dated, issued and sold from time to time in such
amounts as may be necessary to the orderly progress of construction of this project: PROVIDED, That if funds are available in the motor vehicle fund in an amount greater than is
necessary to pay current demands, moneys appropriated to
47.10.420
(2008 Ed.)
47.10.450
the state highway commission for highway purposes may be
used to finance this project until such time as bonds are sold,
as provided by law, at which time the motor vehicle fund
shall be reimbursed. [1961 c 13 § 47.10.420. Prior: 1957 c
206 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Terms
"Washington state highway commission" and "state highway commission"
mean department of transportation; see RCW 47.04.015.
47.10.430 Echo Lake route—Form and term of
bonds. Each of such bonds shall be made payable at any time
not exceeding twenty-five years from the date of its issuance,
with such reserved rights of prior redemption bearing such
interest, and such terms and conditions as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state auditor under the
seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and
any coupons attached to such bonds shall be signed by the
same officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee
may provide. All bonds issued under authority of RCW
47.10.410 through 47.10.500 shall be fully negotiable instruments. [1961 c 13 § 47.10.430. Prior: 1957 c 206 § 3.]
47.10.430
47.10.440 Echo Lake route—Bonds not general obligations—Taxes pledged. Bonds issued under the provisions
of RCW 47.10.410 through 47.10.500 shall distinctly state
that they are not a general obligation of the state, but are payable in the manner provided in RCW 47.10.410 through
47.10.500 from the proceeds of all state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW and RCW
82.36.020, 82.36.230, 82.36.250, and 82.36.400, as derived
from chapter 58, Laws of 1933, as amended, and as last
amended by chapter 220, Laws of 1949, and *chapter 82.40
RCW and RCW 82.40.020, as derived from chapter 127,
Laws of 1941, as amended, and as last amended by chapter
220, Laws of 1949. The proceeds of such excise taxes are
hereby pledged to the payment of any bonds and the interest
thereon issued under the provisions of RCW 47.10.410
through 47.10.500 and the legislature hereby agrees to continue to impose the same excise taxes on motor vehicle fuels
in amounts sufficient to pay the principal and interest on all
bonds issued under the provisions of RCW 47.10.410
through 47.10.500. [1961 c 13 § 47.10.440. Prior: 1957 c
206 § 4.]
47.10.440
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.450 Echo Lake route—Sale of bonds. The
bonds issued under the terms of RCW 47.10.410 through
47.10.500 shall be in denominations to be prescribed by the
state finance committee and may be sold in such manner and
in such amounts and at such times and on such terms and conditions as the committee may prescribe. If bonds are sold to
47.10.450
[Title 47 RCW—page 45]
47.10.460
Title 47 RCW: Public Highways and Transportation
any purchaser other than the state of Washington, they shall
be sold at public sale, and it shall be the duty of the state
finance committee to cause such sale to be advertised in such
manner as it shall deem sufficient. Bonds issued under the
provisions of RCW 47.10.150 through 47.10.270 shall be
legal investment for any of the funds of the state, except the
permanent school fund. [1961 c 13 § 47.10.450. Prior: 1957
c 206 § 5.]
47.10.460 Echo Lake route—Proceeds—Deposit and
use. The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor vehicle fund and such money shall be available only for the construction of the project referred to in RCW 47.10.410, and
payment of the expense incurred in the printing, issuance and
sale of any such bonds. [1961 c 13 § 47.10.460. Prior: 1957
c 206 § 6.]
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may, in
the discretion of the state finance committee, be available for
the prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax portion of the motor vehicle fund at the next interest or bond payment period. [1961 c 13 § 47.10.490. Prior: 1957 c 206 § 9.]
47.10.460
47.10.470 Echo Lake route—Source of funds for payment of principal and interest. Any funds required to repay
such bonds, or the interest thereon when due shall be taken
from that portion of the motor vehicle fund which results
from the imposition of all excise taxes on motor vehicle fuels
and which is, or may be, appropriated to the department for
state highway purposes, and shall never constitute a charge
against any allocations of such funds to counties, cities, and
towns unless and until the amount of the motor vehicle fund
arising from the excise taxes on motor vehicle fuels and
available for state highway purposes proves insufficient to
meet the requirements for bond retirement or the interest on
any bonds. [1984 c 7 § 105; 1961 c 13 § 47.10.470. Prior:
1957 c 206 § 7.]
47.10.470
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.480 Echo Lake route—Highway bond retirement fund. At least one year prior to the date any interest is
due and payable on such bonds or before the maturity date of
any bonds, the state finance committee shall estimate the percentage of the receipts in money of the motor vehicle fund,
resulting from collection of excise taxes on motor vehicle
fuels, for each month of the year which will be required to
meet interest or bond payments under RCW 47.10.410
through 47.10.500 when due, and shall notify the state treasurer of such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle fuels
of the motor vehicle fund to the highway bond retirement
fund, and which fund shall be available solely for payment of
such interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1961 c 13 § 47.10.480.
Prior: 1957 c 206 § 8.]
47.10.480
47.10.490 Echo Lake route—Excess sums in bond
retirement fund—Use. Whenever the percentage of the
47.10.490
[Title 47 RCW—page 46]
47.10.500 Echo Lake route—Appropriation from
motor vehicle fund. There is hereby appropriated from the
motor vehicle fund to the state highway commission for the
biennium ending June 30, 1959 the sum of three million dollars, or so much thereof as may be necessary to carry out the
provisions of RCW 47.10.410 through 47.10.500, but no
money shall be available under this appropriation from said
fund unless a like amount of bonds provided for herein are
sold and the moneys derived therefrom are deposited to the
credit of such fund. [1961 c 13 § 47.10.500. Prior: 1957 c
206 § 10.]
47.10.500
TACOMA-SEATTLE-EVERETT FACILITY—1957 ACT
47.10.700 Tacoma-Seattle-Everett facility—Declaration of necessity. Increased traffic and increased costs of
highway and bridge construction make necessary additional
moneys with which to complete the sections of primary state
highway No. 1 through and between the cities of Tacoma,
Seattle, and Everett and as an additional alternate route bypassing Seattle east of Lake Washington. It is vital to the
economy of the state and the safety of traffic that these sections shall be completed to relieve traffic congestions, to
insure greater safety to highway users, and to assure an adequate through highway to accommodate traffic from bridges
across Lake Washington as soon as possible. [1961 c 13 §
47.10.700. Prior: 1957 c 189 § 1.]
47.10.700
47.10.702 Tacoma-Seattle-Everett facility—To be
part of federal system as limited access—Federal standards and conditions to be met. This highway project shall
be constructed as a part of the federal interstate highway system as a fully controlled limited access facility and shall meet
the standards and specifications required by the state of
Washington and the secretary of commerce of the United
States in order to qualify for federal grants in aid as provided
for in the federal-aid highway act of 1956. The state shall perform all conditions precedent to payment in advance of
apportionment as provided by section 108(h) of the federalaid highway act of 1956 so as to be entitled to federal aid
funds for the project covered by RCW 47.10.700 through
47.10.724 when such funds are apportioned. [1961 c 13 §
47.10.702. Prior: 1957 c 189 § 2.]
47.10.702
47.10.704 Tacoma-Seattle-Everett facility—Powers
and duties of highway commission—Route of project. In
order to facilitate vehicular traffic through and between the
cities of Tacoma, Seattle and Everett and to remove the
present handicaps and hazards over and along primary state
highway No. 1 as presently established, the state highway
47.10.704
(2008 Ed.)
Highway Construction Bonds
commission is authorized to realign, redesign and reconstruct
primary state highway No. 1 upon a newly located right-ofway or upon portions of existing right-of-way through and
between the cities of Tacoma, Seattle and Everett and as an
additional alternate route bypassing Seattle east of Lake
Washington. The route of the proposed project is established
as follows: Beginning in the vicinity of Ponders Corner,
thence in a general northeasterly and northerly direction
through the cities of Tacoma and Seattle to a point in the
vicinity of the city of Everett and as an additional alternate
route bypassing Seattle east of Lake Washington. [1961 c 13
§ 47.10.704. Prior: 1957 c 189 § 3.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term "state
highway commission" means department of transportation; see RCW
47.04.015.
47.10.706 Tacoma-Seattle-Everett facility—Issuance
and sale of bonds authorized. In order to finance the immediate construction of the project referred to in RCW
47.10.700 pending receipt of federal grants in aid and in
accordance with the federal-aid highway act of 1956, there
shall be issued and sold limited obligation bonds of the state
of Washington in the sum of forty-five million dollars or such
amount thereof and at such times as determined to be necessary by the state highway commission. No bonds shall be
issued under the provisions of RCW 47.10.700 through
47.10.724 until the congress of the United States shall
approve the estimated cost of completing the federal interstate system to be submitted to it within ten days subsequent
to January 2, 1958, as provided by section 108(d), federal-aid
highway act of 1956. The issuance, sale and retirement of
said bonds shall be under the supervision and control of the
state finance committee which, upon request being made by
the Washington state highway commission, shall provide for
the issuance, sale and retirement of coupon or registered
bonds to be dated, issued, and sold from time to time in such
amounts as may be necessary for the orderly progress of said
project. [1967 ex.s. c 7 § 1; 1961 c 13 § 47.10.706. Prior:
1957 c 189 § 4.]
47.10.706
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Terms
"state highway commission" and "Washington state highway commission"
mean department of transportation; see RCW 47.04.015.
47.10.708 Tacoma-Seattle-Everett facility—Form
and term of bonds. Each of such bonds shall be made payable at any time not exceeding twenty-five years from the
date of its issuance, with such reserved rights of prior
redemption, bearing such interest, and such terms and conditions, as the state finance committee may prescribe to be
specified therein. The bonds shall be signed by the governor
and the state auditor under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose signatures thereon may be in printed facsimile. Any bonds may be
registered in the name of the holder on presentation to the
state treasurer or at the fiscal agency of the state of Washington in New York City, as to principal alone, or as to both principal and interest under such regulations as the state treasurer
may prescribe. Such bonds shall be payable at such places as
47.10.708
(2008 Ed.)
47.10.716
the state finance committee may provide. All bonds issued
hereunder shall be fully negotiable instruments. [1961 c 13 §
47.10.708. Prior: 1957 c 189 § 5.]
47.10.710 Tacoma-Seattle-Everett facility—Sale of
bonds. The bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and may
be sold in such manner and in such amounts and at such times
and on such terms and conditions as the committee may prescribe. If bonds are sold to any purchaser other than the state
of Washington, they shall be sold at public sale, and it shall
be the duty of the state finance committee to cause such sale
to be advertised in such manner as it shall deem sufficient.
Bonds issued under the provisions of RCW 47.10.700
through 47.10.724 shall be legal investment for any of the
funds of the state, except the permanent school fund. [1961 c
13 § 47.10.710. Prior: 1957 c 189 § 6.]
47.10.710
47.10.712 Tacoma-Seattle-Everett facility—Proceeds
from bonds—Deposit and use. The money arising from the
sale of said bonds shall be deposited in the state treasury to
the credit of the motor vehicle fund and such money shall be
available only for the construction of the project referred to in
RCW 47.10.700, 47.10.702 and 47.10.704, and for payment
of the expense incurred in the drafting, printing, issuance, and
sale of any such bonds. [1961 c 13 § 47.10.712. Prior: 1957
c 189 § 7.]
47.10.712
47.10.714 Tacoma-Seattle-Everett facility—Bonds
not general obligations—Taxes pledged. Bonds issued
under the provisions of RCW 47.10.700 through 47.10.724
shall distinctly state that they are not a general obligation of
the state, but are payable in the manner provided in RCW
47.10.700 through 47.10.724 from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter 82.36
RCW and RCW 82.36.020, 82.36.230, 82.36.250 and
82.36.400, as derived from chapter 58, Laws of 1933, as
amended, and as last amended by chapter 220, Laws of 1949;
and *chapter 82.40 RCW and RCW 82.40.020, as derived
from chapter 127, Laws of 1941, as amended, and as last
amended by chapter 220, Laws of 1949. The proceeds of such
excise taxes are hereby pledged to the payment of any bonds
and the interest thereon issued under the provisions of RCW
47.10.700 through 47.10.724, and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the provisions of
RCW 47.10.700 through 47.10.724. [1961 c 13 § 47.10.714.
Prior: 1957 c 189 § 8.]
47.10.714
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.716 Tacoma-Seattle-Everett facility—Source
of funds for payment of principal and interest. Any funds
required to repay such bonds, or the interest thereon when
due, subject to the proviso of this section, shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle fuels and which
is, or may be appropriated to the department for state highway purposes, and shall never constitute a charge against any
47.10.716
[Title 47 RCW—page 47]
47.10.718
Title 47 RCW: Public Highways and Transportation
allocations of such funds to counties, cities, and towns unless
and until the amount of the motor vehicle fund arising from
the excise taxes on motor vehicle fuels and available for state
highway purposes proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
[1984 c 7 § 106; 1961 c 13 § 47.10.716. Prior: 1957 c 189 §
9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.718
47.10.718 Tacoma-Seattle-Everett facility—Additional security for payment of bonds—Pledge of federal
funds. As additional security for payment of the principal
amount of any or all of the bonds to be issued hereunder, the
state finance committee, with the consent of the department,
may pledge all or any portion of the federal aid funds
received or from time to time to be received by the state from
the United States under the provisions of the federal-aid highway act of 1956 for the construction of all or any part of the
project referred to in RCW 47.10.700, 47.10.702, and
47.10.704. [1984 c 7 § 107; 1961 c 13 § 47.10.718. Prior:
1957 c 189 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.720
47.10.720 Tacoma-Seattle-Everett facility—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate, subject to the provisions of RCW 47.10.716, the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor vehicle fuels, for each month of the year which, together with federal funds which may be pledged as provided in RCW
47.10.718, shall be required to meet interest or bond payments hereunder when due, and shall notify the state treasurer
of such estimated requirement. The state treasurer shall thereafter from time to time each month as such funds are paid into
the motor vehicle fund, transfer such percentage of the
monthly receipts from excise taxes on motor vehicle fuels of
the motor vehicle fund to the bond retirement fund, which
fund shall be available solely for payment of interest or bonds
when due. If in any month it shall appear that the estimated
percentage of money so made is insufficient to meet the
requirements for interest or bond retirement, the treasurer
shall notify the state finance committee forthwith and such
committee shall adjust its estimates so that all requirements
for interest and principal of all bonds issued shall be fully met
at all times. [1961 c 13 § 47.10.720. Prior: 1957 c 189 § 11.]
47.10.722
47.10.722 Tacoma-Seattle-Everett facility—Excess
sums in bond retirement fund—Use. Whenever the percentage of the motor vehicle fund arising from excise taxes
on motor fuels and the federal funds which may be pledged as
provided in RCW 47.10.718, payable into the highway bond
retirement fund, shall prove more than is required for the payment of interest on bonds when due, or current retirement of
bonds, any excess may, in the discretion of the state finance
committee, be available for the prior redemption of any
bonds or remain available in the fund to reduce the requirements upon the fuel excise tax portion of the motor vehicle
[Title 47 RCW—page 48]
fund at the next interest or bond payment period. [1961 c 13
§ 47.10.722. Prior: 1957 c 189 § 12.]
47.10.724 Tacoma-Seattle-Everett facility—Appropriation from motor vehicle fund. There is hereby appropriated from the motor vehicle fund to the state highway
commission for the biennium ending June 30, 1959 the sum
of forty-five million dollars, or so much thereof as may be
necessary to carry out the provisions of RCW 47.10.700
through 47.10.724, but no money shall be available under this
appropriation from said fund unless a like amount of bonds
provided for herein are sold and the money derived therefrom
deposited to the credit of such fund. [1967 ex.s. c 7 § 2; 1961
c 13 § 47.10.724. Prior: 1957 c 189 § 13.]
47.10.724
ADDITIONAL BONDS—1965 ACT
47.10.726 Construction in Grant, Franklin, Adams
counties authorized—Declaration of public interest. Construction of county arterial highways and farm to market
roads in Grant, Franklin and Adams counties to coincide with
the opening of additional lands for settlement in the Columbia Basin irrigation project, is declared to be a project
required in the interest of the public safety and for the orderly
development of the state. [1965 c 121 § 1.]
47.10.726
47.10.727 Construction in Grant, Franklin, Adams
counties authorized—Issuance and sale of limited obligation bonds. To provide funds for construction of this project,
there shall be issued and sold limited obligation bonds of the
state of Washington in the sum of one million eight hundred
and fifty thousand dollars.
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee. The state finance committee shall, when notified
by the director of highways, provide for the issuance of coupon or registered bonds to be dated, issued and sold from time
to time in such amounts as may be necessary to the orderly
progress of construction of this project. [1965 c 121 § 2.]
47.10.727
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.10.728 Construction in Grant, Franklin, Adams
counties authorized—Form and term of bonds. Each of
such bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance committee may prescribe to be specified therein. The bonds shall
be signed by the governor and the state treasurer under the
seal of the state, one of which signatures shall be made manually and the other signatures may be printed facsimile. The
coupons attached to the bonds shall be signed by the same
officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the holder on
presentation to the state treasurer or at the fiscal agency of the
state of Washington in New York City, as to principal alone,
or as to both principal and interest under such regulations as
the state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued under authority of RCW 47.10.726 through
47.10.728
(2008 Ed.)
Highway Construction Bonds
47.10.738 shall be fully negotiable instruments. [1965 c 121
§ 3.]
47.10.729 Construction in Grant, Franklin, Adams
counties authorized—Bonds not general obligations—
Taxes pledged. Bonds issued under the provisions of RCW
47.10.726 through 47.10.738 shall distinctly state that they
are not a general obligation of the state, but are payable in the
manner provided in RCW 47.10.726 through 47.10.738 from
the proceeds of all state excise taxes on motor vehicle fuels
imposed by chapter 82.36 RCW and *chapter 82.40 RCW.
The proceeds of such excise taxes are pledged to the payment
of any bonds and the interest thereon issued under the provisions of RCW 47.10.726 through 47.10.738. The legislature
agrees to continue to impose the same excise taxes on motor
fuels in amounts sufficient to pay the principal and interest on
all bonds issued under the provisions of RCW 47.10.726
through 47.10.738 when due. [1965 c 121 § 4.]
47.10.729
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33; for later enactment, see chapter 82.38 RCW.
47.10.730 Construction in Grant, Franklin, Adams
counties authorized—Sale of bonds—Legal investment
for state funds. The bonds issued hereunder shall be in
denominations to be prescribed by the state finance committee. They may be sold in such manner and in such amounts
and at such times and on such terms and conditions as the
committee may prescribe. The bonds shall be sold at public
sale. It shall be the duty of the state finance committee to
cause such sale to be advertised in such manner as it shall
deem sufficient. Bonds issued under the provisions of RCW
47.10.726 through 47.10.738 shall be legal investment for
any of the funds of the state, except the permanent school
fund. [1965 c 121 § 5.]
47.10.730
47.10.731 Construction in Grant, Franklin, Adams
counties authorized—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be deposited in the state treasury to the credit of the motor vehicle
fund and such money shall be available only for the construction of the project authorized by RCW 47.10.726 through
47.10.738, and payment of the expense incurred in the printing, issuance and sale of any such bonds, in which expense
shall be included the sum of one eighth of one percent of the
amount of the issue to cover the cost of servicing said issue,
such sum to be deposited in the general fund. [1965 c 121 §
6.]
47.10.734
purposes proves insufficient to meet the requirements for
bond retirement or the interest on any bonds: PROVIDED,
That money required hereunder to pay interest on or to retire
any bonds issued as authorized by RCW 47.10.726 through
47.10.738 shall be repaid by the county or counties wherein
the highways or roads are constructed in the manner set forth
in RCW 47.10.734. [1984 c 7 § 108; 1965 c 121 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.733 Construction in Grant, Franklin, Adams
counties authorized—Highway bond retirement fund. At
least one year prior to the date any interest is due and payable
on such bonds or before the maturity date of any bonds, the
state finance committee shall estimate the percentage of
receipts in money of the motor vehicle *fund, resulting from
collection of excise taxes on motor vehicle fuels, for each
month of the year which will be required to meet interest or
bond payments hereunder when due, and shall notify the state
treasurer of such estimated requirement. The state treasurer
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage
of the monthly receipts from excise taxes on motor vehicle
fuels of the motor vehicle fund to the highway bond retirement fund, which is hereby established, and which fund shall
be available solely for payment of such interest or bonds
when due. If in any month it shall appear that the estimated
percentage of money so made is insufficient to meet the
requirements for interest or bond retirement, the treasurer
shall notify the state finance committee forthwith and such
committee shall adjust its estimates so that all requirements
for interest and principal of all bonds issued shall be fully met
at all times. [1965 c 121 § 8.]
47.10.733
*Reviser’s note: The word "fuels" appearing in the session law version
of the above section has been corrected to read "fund"; see comparable provisions in RCW 47.10.080, 47.10.220, 47.10.480, and 47.10.720.
47.10.731
47.10.732 Construction in Grant, Franklin, Adams
counties authorized—Source of funds for payment of
bond principal and interest. Any funds required to repay
such bonds, or the interest thereon when due, subject to the
proviso of this section, shall be taken from that portion of the
motor vehicle fund which results from the imposition of all
excise taxes on motor vehicle fuels and which is, or may be,
appropriated to the department for state highway purposes.
They shall never constitute a charge against any allocation of
such funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
47.10.732
(2008 Ed.)
47.10.734 Construction in Grant, Franklin, Adams
counties authorized—Repayment to state by Grant,
Franklin and Adams counties by retention of funds. The
secretary shall report to the state finance committee all sums
expended from funds resulting from the sale of bonds authorized by RCW 47.10.726 through 47.10.738. Grant, Franklin,
and Adams counties shall repay to the state all the cost of
highway or road facilities actually constructed under the provisions of RCW 47.10.726 through 47.10.738 within each of
said counties as follows: The state finance committee, at
least one year prior to the date any such interest is due and
payable on such bonds or before the maturity date of any such
bonds, shall ascertain the percentage of the motor vehicle
funds arising from the excise taxes on motor vehicle fuels,
which is to be transferred to such counties under the provisions of law which will be necessary to pay all of the interest
upon or retire when due all of the portion of said bonds sold
under the provisions of RCW 47.10.726 through 47.10.738 in
each of said counties. The state finance committee shall
notify the state treasurer of this estimate and the treasurer
shall thereafter, when distributions are made from the motor
vehicle fund to counties, retain such percentage of the total
sums credited to such counties as aforesaid in the motor vehicle fund arising from such excise taxes on motor vehicle fuels
until such fund is fully reimbursed for all expenditures under
47.10.734
[Title 47 RCW—page 49]
47.10.735
Title 47 RCW: Public Highways and Transportation
RCW 47.10.726 through 47.10.738 in Grant, Adams, and
Franklin counties. Any money so retained shall be available
for state highway purposes. [1984 c 7 § 109; 1965 c 121 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.735 Construction in Grant, Franklin, Adams
counties authorized—Repayment, limitation as to
amount of funds retained—Deficits. The sums retained
from motor vehicle funds, arising from the excise taxes on
motor vehicle fuel, of any such counties as provided in RCW
47.10.734, together with the sums similarly retained under
the provisions of RCW 47.10.010 through 47.10.140 and
RCW 47.10.280 through 47.10.400 shall not exceed in any
distribution period fifty percent of the total amount to be
credited to such county. If there shall be a deficit in the
amount available for reimbursement of the motor vehicle
fund, due to this provision, then such deficit shall continue to
be a charge against any sums due any such county from the
motor vehicle fund from such excise taxes until the full cost
of such highway facilities is paid. [1965 c 121 § 10.]
may be necessary, to carry out the provisions of RCW
47.10.726 through 47.10.738. [1965 c 121 § 13.]
ADDITIONAL BONDS—CONSTRUCTION AND
IMPROVEMENT—1967 ACT
47.10.735
47.10.736 Construction in Grant, Franklin, Adams
counties authorized—Sums in excess of retirement
requirements—Use. Whenever the percentages of the
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may, in
the discretion of the state finance committee, be available for
prior redemption of any bonds or remain available in the fund
to reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1965 c 121 § 11.]
47.10.736
47.10.737 Construction in Grant, Franklin, Adams
counties authorized—Allocation of bonds to counties—
Conditions upon issuance—Use of county engineering
forces. The bonds authorized herein are allocated to the
counties as follows:
(1) For Adams county—one hundred thousand dollars.
(2) For Franklin county—four hundred fifty thousand
dollars.
(3) For Grant county—one million three hundred thousand dollars:
PROVIDED, That no bonds shall be issued for Columbia Basin county arterial highway and road purposes unless
expenditures are actually required for the settlement of lands
ready for irrigation in the Columbia Basin project and all construction of arterial highways and roads in such counties shall
be accomplished by the engineering forces of the various
counties under the supervision of the director of highways.
[1965 c 121 § 12.]
47.10.737
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.10.738 Construction in Grant, Franklin, Adams
counties authorized—Appropriation from motor vehicle
fund. There is appropriated from the motor vehicle fund for
the biennium ending June 30, 1967 the sum of one million
eight hundred fifty thousand dollars, or so much thereof as
47.10.738
[Title 47 RCW—page 50]
47.10.751 Additional funds—Declaration of necessity. Increased costs of construction combined with an
unprecedented increase in motor vehicle use in this state have
created an urgent demand for additional highway construction funds. It is vital to the economy of this state and the
safety of the public that additional funds be provided for the
construction of state highways. [1967 ex.s. c 7 § 3.]
47.10.751
47.10.752 Additional funds—Issuance and sale of
limited obligation bonds. In order to provide funds for the
construction and improvement of state highways, there shall
be issued and sold limited obligation bonds of the state of
Washington in the sum of thirty million dollars or such
amount thereof and at such times as determined to be necessary by the state highway commission. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee which, upon request
being made by the state highway commission, shall provide
for the issuance, sale and retirement of coupon or registered
bonds to be dated, issued, and sold from time to time in such
amounts as shall be requested by the state highway commission. [1967 ex.s. c 7 § 4.]
47.10.752
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term "state
highway commission" means department of transportation; see RCW
47.04.015.
47.10.753 Additional funds—Form and term of
bonds. Each of such bonds shall be made payable at any time
not exceeding twenty-five years from the date of its issuance,
with such reserved rights of prior redemption, bearing such
interest, and such terms and conditions, as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state treasurer under
the seal of the state, one of which signatures shall be made
manually and the other signature may be in printed facsimile,
and any coupons attached to such bonds shall be signed by
the same officers whose signatures thereon may be in printed
facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee
may provide. All bonds issued hereunder shall be fully negotiable instruments. [1967 ex.s. c 7 § 5.]
47.10.753
47.10.754 Additional funds—Sale of bonds—Legal
investment for state funds. The bonds issued hereunder
shall be in denominations to be prescribed by the state
finance committee and may be sold in such manner and in
such amounts and at such times and on such terms and conditions as the committee may prescribe. If the bonds are sold to
any purchaser other than the state of Washington, they shall
be sold at public sale, and it shall be the duty of the state
47.10.754
(2008 Ed.)
Highway Construction Bonds
finance committee to cause such sale to be advertised in such
manner as it shall deem sufficient. Bonds issued under the
provisions of RCW 47.10.751 through 47.10.760 shall be
legal investment for any of the funds of the state, except the
permanent school fund. [1967 ex.s. c 7 § 6.]
47.10.755 Additional funds—Bond proceeds—
Deposit and use. The money arising from the sale of said
bonds shall be deposited in the state treasury to the credit of
the motor vehicle fund and such money shall be available
only for the construction of state highways and for payment
of the expenses incurred in the printing, issuance, and sale of
any such bonds. [1967 ex.s. c 7 § 7.]
47.10.755
47.10.761
such funds are paid into the motor vehicle fund, transfer such
percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the bond
retirement fund, hereby created, which fund shall be available solely for payment of interest or bonds when due. If in
any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1967 ex.s.
c 7 § 10.]
47.10.759 Additional funds—Sums in excess of
retirement requirements—Use. Whenever the percentage
of the motor vehicle fund arising from excise taxes on motor
vehicle fuels payable into the bond retirement fund, shall
prove more than is required for the payment of interest on
bonds when due, or current retirement of bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the fuel
excise tax portion of the motor vehicle fund at the next interest or bond payment period. [1967 ex.s. c 7 § 11.]
47.10.759
47.10.756 Additional funds—Bonds not general obligations—Taxes pledged. Bonds issued under the provisions
of RCW 47.10.751 through 47.10.760 shall distinctly state
that they are not a general obligation of the state, but are payable in the manner provided in RCW 47.10.751 through
47.10.760 from the proceeds of state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW and *chapter
82.40 RCW. The proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under the provisions of RCW 47.10.751 through
47.10.760, and the legislature hereby agrees to continue to
impose the same excise taxes on motor vehicle fuels in
amounts sufficient to pay, when due, the principal and interest on all bonds issued under the provisions of RCW
47.10.751 through 47.10.760. [1967 ex.s. c 7 § 8.]
47.10.756
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33; for later enactment, see chapter 82.38 RCW.
47.10.757 Additional funds—Source of funds for
payment of bond principal and interest. Any funds
required to repay such bonds, or the interest thereon when
due, subject to the proviso of this section, shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle fuels and which
is or may be appropriated to the department for state highway
purposes, and shall never constitute a charge against any allocations of any other such funds to the state, counties, cities,
and towns unless and until the amount of the motor vehicle
fund arising from the excise taxes on motor vehicle fuels and
available to the state for construction of state highways
proves insufficient to meet the requirements for bond retirement or interest on any such bonds. [1984 c 7 § 110; 1967
ex.s. c 7 § 9.]
47.10.760 Additional funds—Appropriation from
motor vehicle fund. There is hereby appropriated from the
motor vehicle fund to the state highway commission for the
biennium ending June 30, 1969, the sum of thirty million dollars, or so much thereof as may be necessary to carry out the
provisions of RCW 47.10.751 through 47.10.760. [1967
ex.s. c 7 § 12.]
47.10.760
47.10.757
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.758 Additional funds—Highway bond retirement fund. At least one year prior to the date any interest is
due and payable on such bonds or before the maturity date of
any such bonds, the state finance committee shall estimate,
subject to the provisions of RCW 47.10.757, the percentage
of the receipts in money of the motor vehicle fund, resulting
from collection of excise taxes on motor vehicle fuels, for
each month of the year which shall be required to meet interest or bond payments hereunder when due, and shall notify
the state treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
47.10.758
(2008 Ed.)
RESERVE FUNDS FOR HIGHWAY, STREET, AND
ROAD PURPOSES—1967 ACT
47.10.761 Reserve funds—Purposes. It is the purpose
of RCW 47.10.761 through 47.10.771 to provide reserve
funds to the department for the following purposes:
(1) For construction, reconstruction, or repair of any
state highway made necessary by slides, storm damage, or
other unexpected or unusual causes;
(2) For construction or improvement of any state highway when necessary to alleviate or prevent intolerable traffic
congestion caused by extraordinary and unanticipated economic development within any area of the state;
(3) To advance funds to any city or county to be used
exclusively for the construction or improvement of any city
street or county road when necessary to alleviate or prevent
intolerable traffic congestion caused by extraordinary and
unanticipated economic development within a particular area
of the state. Before funds provided by the sale of bonds as
authorized in RCW 47.10.761 through 47.10.770, are loaned
to any city or county for the purposes specified herein, the
department shall enter into an agreement with the city or
county providing for repayment to the motor vehicle fund of
such funds, together with the amount of bond interest
thereon, from the city’s or the county’s share of the motor
vehicle funds arising from excise taxes on motor vehicle
fuels, over a period not to exceed twenty-five years; and
47.10.761
[Title 47 RCW—page 51]
47.10.762
Title 47 RCW: Public Highways and Transportation
(4) To participate in projects on state highways or
projects benefiting state highways that have been selected for
funding by entities other than the Washington state department of transportation and require a financing contribution
by the department of transportation. [1993 sp.s. c 11 § 1;
1984 c 7 § 111; 1967 ex.s. c 7 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.765 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be deposited in the state treasury to the credit of the motor vehicle
fund and such money shall be available only for the purposes
enumerated in RCW 47.10.761 and for payment of the
expense incurred in the drafting, printing, issuance and sale
of any such bonds. [1967 ex.s. c 7 § 17.]
47.10.765
47.10.766 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of RCW 47.10.761 through 47.10.771 shall distinctly state that they are not a general obligation of the state,
but are payable in the manner provided in RCW 47.10.761
through 47.10.771 from the proceeds of state excise taxes on
motor vehicle fuels imposed by chapter 82.36 RCW and
*chapter 82.40 RCW. The proceeds of such excise taxes are
hereby pledged to the payment of any bonds and the interest
thereon issued under the provisions of RCW 47.10.761
through 47.10.771, and the legislature hereby agrees to continue to impose the same excise taxes on motor vehicle fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the provisions of RCW
47.10.761 through 47.10.771. [1967 ex.s. c 7 § 18.]
47.10.766
47.10.762
47.10.762 Issuance and sale of general obligation
bonds. In order to provide reserve funds for the purposes
specified in RCW 47.10.761, there shall be issued and sold
general obligation bonds of the state of Washington in the
sum of twenty-five million dollars or such amount thereof
and at such times as may be determined to be necessary by
the state transportation commission. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee which, upon request
being made by the Washington state transportation commission, shall provide for the issuance, sale and retirement of
coupon or registered bonds to be dated, issued and sold from
time to time in such amounts as may be necessary for the purposes enumerated in RCW 47.10.761. [1993 sp.s. c 11 § 2;
1967 ex.s. c 7 § 14.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33; for later enactment, see chapter 82.38 RCW.
47.10.763
47.10.763 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
instruments. Each of such bonds shall be made payable at
any time not exceeding twenty-five years from the date of its
issuance, with such reserved rights of prior redemption, bearing such interest, and such terms and conditions, as the state
finance committee may prescribe to be specified therein. The
bonds shall be signed by the governor and the state treasurer
under the seal of the state, one of which signatures shall be
made manually and the other signature may be in printed facsimile, and any coupons attached to such bonds shall be
signed by the same officers whose signatures thereon may be
in printed facsimile. Any bonds may be registered in the
name of the holder on presentation to the state treasurer or at
the fiscal agency of the state of Washington in New York
City, as to principal alone, or as to both principal and interest
under such regulations as the state treasurer may prescribe.
Such bonds shall be payable at such places as the state
finance committee may provide. All bonds issued hereunder
shall be fully negotiable instruments. [1967 ex.s. c 7 § 15.]
47.10.764
47.10.764 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and may be sold in
such manner and in such amounts and at such times and on
such terms and conditions as the committee may prescribe. If
the bonds are sold to any purchaser other than the state of
Washington, they shall be sold at public sale, and it shall be
the duty of the state finance committee to cause such sale to
be advertised in such manner as it shall deem sufficient.
Bonds issued under the provisions of RCW 47.10.761
through 47.10.771 shall be legal investment for any of the
funds of the state, except the permanent school fund. [1967
ex.s. c 7 § 16.]
[Title 47 RCW—page 52]
47.10.767 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due, subject to the proviso
of this section, shall be taken from that portion of the motor
vehicle fund which results from the imposition of excise
taxes on motor vehicle fuels and which is, or may be appropriated to the department for state highway purposes, and
shall never constitute a charge against any allocations of such
funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or interest on any such bonds. [1984 c 7 §
112; 1967 ex.s. c 7 § 19.]
47.10.767
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.768 Bonds—Pledge of federal aid funds. As
additional security for payment of the principal amount of
any or all of the bonds to be issued hereunder, the state
finance committee, with the consent of the department, may
pledge all or any portion of the federal aid funds received or
from time to time to be received by the state from the United
States under the provisions of the federal-aid highway act of
1956, as amended, for the construction of Washington’s portion of the national system of interstate and defense highways. [1984 c 7 § 113; 1967 ex.s. c 7 § 20.]
47.10.768
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.769 Bonds—Repayment procedure—Bond
retirement fund. At least one year prior to the date any
interest is due and payable on such bonds or before the maturity date of any bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.10.767, the percentage of the receipts in money of the motor vehicle fund,
47.10.769
(2008 Ed.)
Highway Construction Bonds
resulting from collection of excise taxes on motor vehicle
fuels, for each month of the year which, together with federal
funds which may be pledged as provided in RCW 47.10.768,
shall be required to meet interest or bond payments hereunder
when due, and shall notify the state treasurer of such estimated requirement. The state treasurer shall thereafter from
time to time each month as such funds are paid into the motor
vehicle fund, transfer such percentage of the monthly receipts
from excise taxes on motor vehicle fuels of the motor vehicle
fund to the bond retirement fund, which fund shall be available solely for payment of interest or bonds when due. If in
any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1967 ex.s.
c 7 § 21.]
47.10.770 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor fuels and the
federal funds which may be pledged as provided in RCW
47.10.768, payable into the highway bond retirement fund,
shall prove more than is required for the payment of interest
on bonds when due, or current retirement of bonds, any
excess may, in the discretion of the state finance committee,
be available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the fuel
excise tax portion of the motor vehicle fund at the next interest or bond payment period. [1967 ex.s. c 7 § 22.]
47.10.770
47.10.771 Bonds—Appropriation from motor vehicle fund. There is hereby appropriated from the motor vehicle fund to the state highway commission for the biennium
ending June 30, 1969, the sum of twenty-five million dollars,
or so much thereof as may be necessary to carry out the provisions of RCW 47.10.761 through 47.10.771. [1967 ex.s. c
7 § 23.]
47.10.771
STATE HIGHWAYS IN URBAN AREAS
47.10.775 Issuance and sale of limited obligation
bonds, terms, conditions, retirement, use of proceeds, etc.
See RCW 47.26.400 through 47.26.407.
47.10.775
COUNTY AND CITY ARTERIALS IN URBAN AREAS
47.10.777 Issuance and sale of limited obligation
bonds, terms, conditions, retirement, use of proceeds, etc.
See RCW 47.26.420 through 47.26.460.
47.10.777
INTERSTATE 90 COMPLETION—1979 ACT
47.10.790 Issuance and sale of general obligation
bonds—State route 90 improvements. (1) In order to provide funds for the location, design, right-of-way, and construction of selected interstate highway improvements, there
shall be issued and sold upon the request of the Washington
state transportation commission, a total of one hundred mil47.10.790
(2008 Ed.)
47.10.791
lion dollars of general obligation bonds of the state of Washington to pay the state’s share of costs for completion of state
route 90 (state route 5 to state route 405) and other related
state highway projects eligible for regular federal interstate
funding and until December 31, 1989, to temporarily pay the
regular federal share of construction of completion projects
on state route 90 (state route 5 to state route 405) and other
related state highway projects eligible for regular interstate
funding in advance of federal-aid apportionments under the
provisions of 23 U.S.C. Secs. 115 or 122: PROVIDED, That
the total amount of bonds issued to temporarily pay the regular federal share of construction of federal-aid interstate highways in advance of federal-aid apportionments as authorized
by this section and RCW 47.10.801 shall not exceed one hundred twenty million dollars: PROVIDED FURTHER, That
the transportation commission shall adopt plans for the obligation of federal-aid apportionments received in federal fiscal year 1985 and subsequent years to pay the regular federal
share of federal-aid interstate highway construction projects
or to convert such apportionments under the provisions of 23
U.S.C. Secs. 115 or 122.
(2) The transportation commission may at any time find
and determine that any amount of the bonds authorized in
subsection (1) of this section, and not then sold, are no longer
required to be issued and sold for the purposes described in
subsection (1) of this section.
(3) Any bonds authorized by subsection (1) of this section that the transportation commission determines are no
longer required for the purpose of paying the cost of the designated interstate highway improvements described therein
shall be issued and sold, upon the request of the Washington
state transportation commission, to provide funds for the
location, design, right-of-way, and construction of major
transportation improvements throughout the state. [2005 c
319 § 126; 1985 c 406 § 1; 1982 c 19 § 3; 1981 c 316 § 10;
1979 ex.s. c 180 § 1.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Severability—1982 c 19: See note following RCW 47.10.801.
Severability—1981 c 316: See RCW 47.10.811.
47.10.791 Administration and amount of bond sales.
Upon request being made by the transportation commission,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds authorized by
RCW 47.10.790 in accordance with the provisions of chapter
39.42 RCW. The amount of such bonds issued and sold under
the provisions of RCW 47.10.790 through 47.10.798 in any
biennium may not exceed the amount of a specific appropriation therefor. Such bonds may be sold from time to time in
such amounts as may be necessary for the orderly progress of
the state highway improvements specified in RCW
47.10.790. The bonds shall be sold in such manner, at such
time or times, in such amounts, and at such price or prices as
the state finance committee shall determine. The state finance
committee may obtain insurance, letters of credit, or other
credit facility devices with respect to the bonds and may
authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring
the payment or enhancing the marketability of the bonds.
Promissory notes or other obligations issued under this sec47.10.791
[Title 47 RCW—page 53]
47.10.792
Title 47 RCW: Public Highways and Transportation
tion shall not constitute a debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is conditioned upon the failure of the
state to pay the principal of or interest on the bonds with
respect to which the promissory notes or other obligations
relate. The state finance committee may authorize the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower
total interest costs, and increased marketability and for the
purposes of retiring the bonds during the life of the project for
which they were issued. [1986 c 290 § 6; 1979 ex.s. c 180 §
2.]
47.10.792 Bond proceeds—Deposit and use. The proceeds from the sale of the bonds authorized by RCW
47.10.790 shall be deposited in the motor vehicle fund and
such proceeds shall be available only for the purposes enumerated in RCW 47.10.790, for the payment of bond anticipation notes, if any, and for the payment of the expense
incurred in the drafting, printing, issuance, and sale of such
bonds. The costs of obtaining insurance, letters of credit, or
other credit enhancement devices with respect to the bonds
shall be considered to be expenses incurred in the issuance
and sale of the bonds. [1986 c 290 § 7; 1979 ex.s. c 180 § 3.]
47.10.792
47.10.795 Repayment procedure—Bond retirement
fund. At least one year prior to the date any interest is due
and payable on such bonds or before the maturity date of such
bonds, the state finance committee shall estimate, subject to
the provisions of RCW 47.10.794, the percentage of the
receipts in money of the motor vehicle fund resulting from
collection of excise taxes on motor vehicle and special fuels,
for each month of the year which shall be required to meet
interest or bond payments when due and shall notify the treasurer of such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle and
special fuels of the motor vehicle fund to the highway bond
retirement fund heretofore created in the state treasury, which
funds shall be available solely for payment of the principal of
and interest on the bonds when due. If in any month it shall
appear that the estimated percentage of moneys so made is
insufficient to meet the requirements for payment of the principal thereof or interest thereon, the treasurer shall notify the
state finance committee forthwith, and such committee shall
adjust its estimates so that all requirements for the interest on
and principal of all bonds issued shall be fully met at all
times. [1979 ex.s. c 180 § 6.]
47.10.795
47.10.796 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the highway bond retirement fund shall
prove more than is required for the payment of interest on
bonds when due, or current retirement of bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds pursuant to
applicable bond covenants or remain available in the fund to
reduce requirements upon the fuel excise tax portion of the
motor vehicle fund. [1979 ex.s. c 180 § 7.]
47.10.796
47.10.793 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the provisions of RCW
47.10.790 shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and
credit of the state to the payment of the principal thereof and
the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall
become due. The principal of and interest on such bonds shall
be first payable in the manner provided in RCW 47.10.790
through 47.10.798 from the proceeds of the state excise taxes
on motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. Proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under the provisions of RCW 47.10.790 through
47.10.798, and the legislature hereby agrees to continue to
impose the same excise taxes on motor vehicle and special
fuels in amounts sufficient to pay, when due, the principal
and interest on all bonds issued under the provisions of RCW
47.10.790 through 47.10.798. [1995 c 274 § 6; 1979 ex.s. c
180 § 4.]
47.10.793
47.10.794 Designation of funds to repay bonds and
interest. Any funds required to repay the bonds authorized
by RCW 47.10.790 or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state for
expenditure pursuant to RCW 46.68.130 and shall never constitute a charge against any allocations of such funds to counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle and special fuels and available for state highway purposes proves insufficient to meet the requirements for bond
retirement or interest on any such bonds. [1979 ex.s. c 180 §
5.]
47.10.794
[Title 47 RCW—page 54]
47.10.797 Bonds legal investment for state funds.
The bonds authorized in RCW 47.10.790 through 47.10.798
constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations.
[1979 ex.s. c 180 § 8.]
47.10.797
47.10.798 Bonds equal charge against fuel tax revenues. Except as otherwise provided by statute, general obligation bonds issued under authority of legislation enacted
during the 45th session of the legislature and thereafter and
which pledge motor vehicle and special fuel excise taxes for
the payment of principal and interest thereon shall be an
equal charge against the revenues from such motor vehicle
and special fuel excise taxes. [1979 ex.s. c 180 § 9.]
47.10.798
47.10.799 Appropriation—Expenditure limited to
bond sale proceeds. There is hereby appropriated from the
motor vehicle fund to the department of transportation for the
biennium ending June 30, 1981, the sum of ten million dollars, or so much thereof as may be necessary, to carry out the
provisions of RCW 47.10.790: PROVIDED, That the money
available for expenditure under this appropriation may not
exceed the amount of money derived from the sale of ten mil47.10.799
(2008 Ed.)
Highway Construction Bonds
lion dollars of bonds authorized by RCW 47.10.790 and
deposited to the credit of the motor vehicle fund. [1979 ex.s.
c 180 § 10.]
47.10.800 Severability—1979 ex.s. c 180. If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 180 § 12.]
47.10.800
INTERSTATE HIGHWAY, CATEGORY A,
CATEGORY C IMPROVEMENTS—1981 ACT
47.10.801 Issuance and sale of general obligation
bonds. (1) In order to provide funds necessary for the location, design, right-of-way, and construction of selected interstate and other state highway improvements, there shall be
issued and sold, subject to subsections (2), (3), and (4) of this
section, upon the request of the Washington state transportation commission a total of four hundred sixty million dollars
of general obligation bonds of the state of Washington for the
following purposes and specified sums:
(a) Not to exceed two hundred twenty-five million dollars to pay the state’s share of costs for federal-aid interstate
highway improvements and until December 31, 1989, to temporarily pay the regular federal share of construction of federal-aid interstate highway improvements to complete state
routes 82, 90, 182, and 705 in advance of federal-aid apportionments under the provisions of 23 U.S.C. Secs. 115 or 122:
PROVIDED, That the total amount of bonds issued to temporarily pay the regular federal share of construction of federalaid interstate highways in advance of federal-aid apportionments as authorized by this section and RCW 47.10.790 shall
not exceed one hundred twenty million dollars: PROVIDED
FURTHER, That the transportation commission shall adopt
plans for the obligation of federal-aid apportionments
received in federal fiscal year 1985 and subsequent years to
pay the regular federal share of federal-aid interstate highway
construction projects or to convert such apportionments
under the provisions of 23 U.S.C. Secs. 115 or 122;
(b) Two hundred twenty-five million dollars for major
transportation improvements throughout the state that are
identified as category C improvements and for selected major
non-interstate construction and reconstruction projects that
are included as Category A Improvements;
(c) Ten million dollars for state highway improvements
necessitated by planned economic development, as determined through the procedures set forth in RCW 43.160.074
and 47.01.280.
(2) The amount of bonds authorized in subsection (1)(a)
of this section shall be reduced if the transportation commission determines that any of the bonds that have not been sold
are no longer required.
(3) The amount of bonds authorized in subsection (1)(b)
of this section shall be increased by an amount not to exceed,
and concurrent with, any reduction of bonds authorized under
subsection (1)(a) of this section in the manner prescribed in
subsection (2) of this section.
(4) The transportation commission may decrease the
amount of bonds authorized in subsection (1)(c) of this section and increase the amount of bonds authorized in subsec-
47.10.802
tion (1)(a) or (b) of this section, or both by an amount equal
to the decrease in subsection (1)(c) of this section. The transportation commission may decrease the amount of bonds
authorized in subsection (1)(c) of this section only if the legislature appropriates an equal amount of funds from the
motor vehicle fund - basic account for the purposes enumerated in subsection (1)(c) of this section. [2005 c 319 § 127;
1999 c 94 § 13; 1994 c 173 § 1. Prior: 1985 c 433 § 7; 1985
c 406 § 2; 1982 c 19 § 1; 1981 c 316 § 1.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
47.10.801
(2008 Ed.)
Effective date—1994 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1994]." [1994 c 173 § 2.]
Nonseverability—1985 c 433: See note following RCW 43.160.074.
Severability—1982 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 19 § 5.]
47.10.802
47.10.802 Administration and amount of bond sales.
Upon request being made by the transportation commission,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds authorized by
RCW 47.10.801 in accordance with chapter 39.42 RCW.
The amount of such bonds issued and sold under RCW
47.10.801 through 47.10.809 in any biennium may not
exceed the amount of a specific appropriation therefor. Such
bonds may be sold from time to time in such amounts as may
be necessary for the orderly progress of the state highway
improvements specified in RCW 47.10.801. The amount of
bonds issued and sold under RCW 47.10.801(1)(a) in any
biennium shall not, except as provided in that section, exceed
the amount required to match federal-aid interstate funds
available to the state of Washington. The bonds shall be sold
in such manner, at such time or times, in such amounts, and
at such price or prices as the state finance committee shall
determine. The state finance committee may obtain insurance, letters of credit, or other credit facility devices with
respect to the bonds and may authorize the execution and
delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing
the marketability of the bonds. Promissory notes or other
obligations issued under this section shall not constitute a
debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is
conditioned upon the failure of the state to pay the principal
of or interest on the bonds with respect to which the promissory notes or other obligations relate. The state finance committee may authorize the issuance of short-term obligations
in lieu of long-term obligations for the purposes of more
favorable interest rates, lower total interest costs, and
increased marketability and for the purposes of retiring the
bonds during the life of the project for which they were
issued. [2005 c 319 § 128; 1986 c 290 § 1; 1983 1st ex.s. c 53
§ 23; 1982 c 19 § 2; 1981 c 316 § 2.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
[Title 47 RCW—page 55]
47.10.803
Title 47 RCW: Public Highways and Transportation
Severability—1983 1st ex.s. c 53: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 53 § 36.]
Severability—1982 c 19: See note following RCW 47.10.801.
47.10.803 Bond proceeds—Deposit and use. The proceeds from the sale of the bonds authorized by RCW
47.10.801(1) shall be deposited in the motor vehicle fund. All
such proceeds shall be available only for the purposes enumerated in RCW 47.10.801, for the payment of bond anticipation notes, if any, and for the payment of the expense
incurred in the drafting, printing, issuance, and sale of such
bonds. The costs of obtaining insurance, letters of credit, or
other credit enhancement devices with respect to the bonds
shall be considered to be expenses incurred in the issuance
and sale of the bonds. [1999 c 94 § 14; 1986 c 290 § 2; 1985
c 433 § 8; 1981 c 316 § 3.]
47.10.803
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Nonseverability—1985 c 433: See note following RCW 43.160.074.
47.10.804 Statement of general obligation—Pledge of
excise taxes. Bonds issued under RCW 47.10.801 shall distinctly state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
such principal and interest as the same shall become due. The
principal of and interest on such bonds shall be first payable
in the manner provided in RCW 47.10.801 through 47.10.809
from the proceeds of the state excise taxes on motor vehicle
and special fuels imposed by chapters 82.36 and 82.38 RCW.
Proceeds of such excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under RCW
47.10.801 through 47.10.809, and the legislature hereby
agrees to continue to impose these excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under RCW
47.10.801 through 47.10.809. [1995 c 274 § 7; 1981 c 316 §
4.]
47.10.804
47.10.805 Designation of funds to repay bonds and
interest. Any funds required to repay the bonds authorized
by RCW 47.10.801 or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state for
expenditure pursuant to RCW 46.68.130 and shall never constitute a charge against any allocations of such funds to counties, cities, and towns unless the amount of the motor vehicle
fund arising from the excise taxes on motor vehicle and special fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
interest on any such bonds. [1981 c 316 § 5.]
47.10.805
47.10.806 Repayment procedure—Bond retirement
fund. At least one year prior to the date any interest is due
and payable on such bonds or before the maturity date of such
bonds, the state finance committee shall estimate, subject to
RCW 47.10.805, the percentage of the receipts in money of
47.10.806
[Title 47 RCW—page 56]
the motor vehicle fund resulting from collection of excise
taxes on motor vehicle and special fuels, for each month of
the year which shall be required to meet interest or bond payments when due and shall notify the treasurer of such estimated requirement. The state treasurer shall thereafter from
time to time each month as such funds are paid into the motor
vehicle fund, transfer such percentage of the monthly receipts
from excise taxes on motor vehicle and special fuels of the
motor vehicle fund to the highway bond retirement fund
heretofore created in the state treasury, which funds shall be
available solely for payment of the principal of and interest
on the bonds when due. If in any month it shall appear that the
estimated percentage of moneys so made is insufficient to
meet the requirements for payment of the principal thereof or
interest thereon, the treasurer shall notify the state finance
committee forthwith, and the committee shall adjust its estimates so that all requirements for the interest on and principal
of all bonds issued shall be fully met at all times. [1981 c 316
§ 6.]
47.10.807 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the highway bond retirement fund shall
prove more than is required for the payment of interest on
bonds when due, or current retirement bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds or remain
available in the fund to reduce requirements upon the fuel
excise tax portion of the motor vehicle fund at the next interest or bond payment period. [1981 c 316 § 7.]
47.10.807
47.10.808 Bonds legal investment for state funds.
The bonds authorized in RCW 47.10.801 through 47.10.809
constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations.
[1981 c 316 § 8.]
47.10.808
47.10.809 Bonds equal charge against fuel tax revenues. Bonds issued under authority of RCW 47.10.801
through 47.10.809 and any subsequent general obligation
bonds of the state of Washington which may be authorized
and which pledge motor vehicle and special fuel excise taxes
for the payment of principal and interest thereon shall be an
equal charge against the revenues from such motor vehicle
and special fuel excise taxes. [1981 c 316 § 9.]
47.10.809
47.10.811 Severability—1981 c 316. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 316 § 13.]
47.10.811
CATEGORY C IMPROVEMENTS—1993 ACT
47.10.812 Issuance and sale of general obligation
bonds. In order to provide funds necessary for the location,
design, right-of-way, and construction of state highway
improvements that are identified as special category C
improvements, there shall be issued and sold upon the request
47.10.812
(2008 Ed.)
Highway Construction Bonds
of the Washington state secretary of transportation a total of
six hundred million dollars of general obligation bonds of the
state of Washington. [2007 c 519 § 1; 1999 sp.s. c 2 § 1; 1993
c 431 § 1.]
47.10.813 Administration and amount of sale. Upon
the request of the secretary of transportation, the state finance
committee shall supervise and provide for the issuance, sale,
and retirement of the bonds authorized by RCW 47.10.812
through 47.10.817 in accordance with chapter 39.42 RCW.
Bonds authorized by RCW 47.10.812 through 47.10.817
shall be sold in such manner, at such time or times, in such
amounts, and at such price as the state finance committee
shall determine. No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the
sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2007 c 519 § 2; 1993 c 431 § 2.]
47.10.813
47.10.814 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.812
through 47.10.817 shall be deposited in the special category
C account in the motor vehicle fund. The proceeds shall be
available only for the purposes enumerated in RCW
47.10.812, for the payment of bond anticipation notes, if any,
and for the payment of bond issuance costs, including the
costs of underwriting. [1993 c 431 § 3.]
47.10.814
47.10.815 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.812 through 47.10.817 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
RCW 47.10.812 through 47.10.817 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.812
through 47.10.817, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.812 through 47.10.817. [1995 c 274 § 8; 1993 c 431 §
4.]
47.10.815
47.10.816 Designation of funds to repay bonds and
interest. Both principal and interest on the bonds issued for
the purposes of RCW 47.10.812 through 47.10.817 shall be
payable from the highway bond retirement fund. The state
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
47.10.816
(2008 Ed.)
47.10.819
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw
revenues from the special category C account in the motor
vehicle fund and deposit in the highway bond retirement
fund, or a special account in the fund, such amounts, and at
such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.812 through 47.10.817 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the special category
C account in the motor vehicle fund. Funds required shall
never constitute a charge against any other allocations of
motor vehicle fuel and special fuel tax revenues to the state,
counties, cities and towns unless the amount arising from
excise taxes on motor vehicle and special fuels distributed to
the special category C account proves insufficient to meet the
requirements for bond retirement or interest on any such
bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state, counties, cities and towns, shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the special category C account not required for bond retirement or interest on the bonds. [1993 c 431 § 5.]
47.10.817
47.10.817 Equal charge against fuel tax revenues.
Bonds issued under the authority of RCW 47.10.812 through
47.10.816 and this section and any other general obligation
bonds of the state of Washington that have been or that may
be authorized and that pledge motor vehicle and special fuels
excise taxes for the payment of principal and interest thereon
shall be an equal charge against the revenues from such
motor vehicle and special fuels excise taxes. [1993 c 431 §
6.]
47.10.818
47.10.818 Severability—1993 c 431. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 431 § 8.]
INTERSTATE, OTHER HIGHWAY IMPROVEMENTS—
1993 ACT
47.10.819
47.10.819 Issuance and sale of general obligation
bonds. In order to provide funds necessary for the location,
design, right-of-way, and construction of selected interstate
and other highway improvements, there shall be issued and
sold upon the request of the secretary of the department of
transportation a total of one hundred million dollars of general obligation bonds of the state of Washington for the following purposes and specified sums:
(1) Not to exceed twenty-five million dollars to pay the
state’s and local governments’ share of matching funds for
the ten demonstration projects identified in the Intermodal
Surface Transportation Efficiency Act of 1991.
[Title 47 RCW—page 57]
47.10.820
Title 47 RCW: Public Highways and Transportation
(2) Not to exceed fifty million dollars to temporarily pay
the regular federal share of construction in advance of federal-aid apportionments as authorized by this section.
(3) Not to exceed twenty-five million dollars for loans to
local governments to provide the required matching funds to
take advantage of available federal funds. These loans shall
be on such terms and conditions as determined by the secretary of the department of transportation, but in no event may
the loans be for a period of more than ten years. The interest
rate on the loans authorized under this subsection shall be
equal to the interest rate on the bonds sold for such purposes.
[2006 c 334 § 37; 1993 c 432 § 1.]
Effective date—2006 c 334: See note following RCW 47.01.051.
47.10.820 Administration and amount of sale. Upon
the request of the secretary of the department of transportation, the state finance committee shall supervise and provide
for the issuance, sale, and retirement of the bonds authorized
by RCW 47.10.819 through 47.10.824 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.819
through 47.10.824 shall be sold in such manner, at such time
or times, in such amounts, and at such price as the state
finance committee shall determine. No such bonds may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2006 c 334 § 38; 1993 c 432 § 2.]
47.10.820
Effective date—2006 c 334: See note following RCW 47.01.051.
47.10.821 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.819
through 47.10.824 shall be deposited in the motor vehicle
fund. The proceeds shall be available only for the purposes
enumerated in RCW 47.10.819, for the payment of bond
anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting. [1993 c 432
§ 3.]
47.10.821
47.10.822 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.819 through 47.10.824 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
RCW 47.10.819 through 47.10.824 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.819
through 47.10.824, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.822
[Title 47 RCW—page 58]
47.10.819 through 47.10.824. [1995 c 274 § 9; 1993 c 432 §
4.]
47.10.823 Designation of funds to repay bonds and
interest. Both principal and interest on the bonds issued for
the purposes of RCW 47.10.819 through 47.10.824 shall be
payable from the highway bond retirement fund. The state
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw
revenues from the motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund,
such amounts, and at such times, as are required by the bond
proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.819 through 47.10.824 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and which is, or may be appropriated to the
department of transportation for state highway purposes.
Funds required shall never constitute a charge against any
other allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities, and towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund
proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributed to the state, counties,
cities, and towns, shall be repaid from the first revenues from
the motor vehicle fuel or special fuel taxes distributed to the
motor vehicle fund not required for bond retirement or interest on the bonds. [1993 c 432 § 5.]
47.10.823
47.10.824 Equal charge against fuel tax revenues.
Bonds issued under the authority of RCW 47.10.819 through
47.10.823 and this section and any other general obligation
bonds of the state of Washington that have been or that may
be authorized and that pledge motor vehicle and special fuels
excise taxes for the payment of principal and interest thereon
shall be an equal charge against the revenues from such
motor vehicle and special fuels excise taxes. [1993 c 432 §
6.]
47.10.824
47.10.825 Severability—1993 c 432. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 432 § 8.]
47.10.825
PUBLIC-PRIVATE TRANSPORTATION INITIATIVES—
1994 ACT
47.10.834 Issuance and sale of general obligation
bonds. In order to provide funds necessary to implement the
public-private transportation initiatives authorized by chapter
47.10.834
(2008 Ed.)
Highway Construction Bonds
47.46 RCW, there shall be issued and sold upon the request
of the secretary of the department of transportation a total of
twenty-five million six hundred twenty-five thousand dollars
of general obligation bonds of the state of Washington.
[2006 c 334 § 35; 1995 2nd sp.s. c 15 § 2; 1994 c 183 § 2.]
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—1995 2nd sp.s. c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 2nd sp.s. c 15 § 9.]
Effective date—1995 2nd sp.s. c 15: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 16, 1995]." [1995 2nd sp.s. c 15 § 10.]
Finding—1994 c 183: "The legislature finds and declares:
Successful implementation of the public-private transportation initiatives program authorized in chapter 47.46 RCW may require the financial
participation of the state in projects authorized in that chapter.
The participation may take the form of loans, loan guarantees, user
charge guarantees, including incidental costs incurred by the department in
direct support of activities required under chapter 47.46 RCW, or such other
cash contribution arrangements as may improve the ability of the private
entities sponsoring the projects to obtain financing.
It is in the best interests of the people of the state that state funding of
possible financial participation in the projects authorized under chapter
47.46 RCW be in the form of long-term bonds. In order to repay expenditures incurred in the 1993-1995 biennium, up to two million two hundred
thousand dollars of these bonds may be expended on highway improvement
projects, under chapter 47.05 RCW." [1995 2nd sp.s. c 15 § 1; 1994 c 183 §
1.]
47.10.835 Administration and amount of sale. Upon
the request of the secretary of the department of transportation, the state finance committee shall supervise and provide
for the issuance, sale, and retirement of the bonds authorized
by RCW 47.10.834 through 47.10.841 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.834
through 47.10.841 shall be sold in such manner, at such time
or times, in such amounts, and at such price as the state
finance committee shall determine. No such bonds may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. In making such appropriation of the net proceeds of the sale of the bonds, the legislature shall specify what portion of the appropriation is provided for possible loans and what portion of the appropriation
is provided for other forms of cash contributions to projects.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2006 c 334 § 36; 1994 c 183 § 3.]
47.10.835
Effective date—2006 c 334: See note following RCW 47.01.051.
47.10.836 Proceeds—Deposit and use. (1) The proceeds from the sale of bonds authorized by RCW 47.10.834
through 47.10.841 that are in support of possible loans as
specified under RCW 47.10.835 shall be deposited into the
motor vehicle fund. The proceeds shall be available only for
the purposes of making loans to entities authorized to undertake projects selected under chapter 47.46 RCW as enumerated in RCW 47.10.835, including incidental costs incurred
by the department in direct support of activities required
under chapter 47.46 RCW, for the payment of bond anticipa47.10.836
(2008 Ed.)
47.10.839
tion notes, if any, and for the payment of bond issuance costs,
including the costs of underwriting.
(2) The proceeds from the sale of bonds authorized by
RCW 47.10.834 through 47.10.841 that are in support of all
forms of cash contributions to projects selected under chapter
47.46 RCW, including incidental costs incurred by the
department in direct support of activities required under
chapter 47.46 RCW, except loans shall be deposited into the
motor vehicle fund. The proceeds shall be available only for
the purposes of making any contributions except loans to
projects selected under chapter 47.46 RCW, for the payment
of bond anticipation notes, if any, and for the payment of
bond issuance costs, including the costs of underwriting.
(3) Up to two million two hundred thousand dollars of
the proceeds from the sale of bonds authorized by RCW
47.10.834 through 47.10.841 may be expended on highway
improvement projects under chapter 47.05 RCW and for the
payment of bond issuance cost, including the cost of underwriting. Such proceeds shall be deposited into the motor
vehicle fund. [1995 2nd sp.s. c 15 § 3; 1994 c 183 § 4.]
Severability—Effective date—1995 2nd sp.s. c 15: See notes following RCW 47.10.834.
47.10.837 Designation of funds to repay bonds and
interest. Principal and interest payments made on loans
authorized by chapter 47.46 RCW shall be deposited into the
motor vehicle fund and shall be available for the payment of
principal and interest on bonds authorized by RCW
47.10.834 through 47.10.841 and for such other purposes as
may be specified by law. [1995 2nd sp.s. c 15 § 4; 1994 c 183
§ 5.]
47.10.837
Severability—Effective date—1995 2nd sp.s. c 15: See notes following RCW 47.10.834.
47.10.838 Statement of general obligation—Pledge of
excise taxes. (1) Bonds issued under the authority of RCW
47.10.834 through 47.10.841 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due.
(2) The principal and interest on the bonds issued for the
purposes enumerated in RCW 47.10.836 shall be first payable in the manner provided in RCW 47.10.834 through
47.10.841 from the proceeds of the state excise taxes on
motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. Proceeds of those excise taxes are pledged
to the payment of any bonds and the interest thereon issued
under the authority of RCW 47.10.834 through 47.10.841,
and the legislature agrees to continue to impose these excise
taxes on motor vehicle and special fuels in amounts sufficient
to pay, when due, the principal and interest on all bonds
issued under the authority of RCW 47.10.834 through
47.10.841. [1995 2nd sp.s. c 15 § 5; 1994 c 183 § 6.]
47.10.838
Severability—Effective date—1995 2nd sp.s. c 15: See notes following RCW 47.10.834.
47.10.839 Repayment procedure—Bond retirement
fund. (1) Both principal and interest on the bonds issued for
47.10.839
[Title 47 RCW—page 59]
47.10.841
Title 47 RCW: Public Highways and Transportation
the purposes of RCW 47.10.834 through 47.10.841 are payable from the highway bond retirement fund.
(2) The state finance committee shall, on or before June
30th of each year certify to the state treasurer the amount
required for principal and interest on the bonds issued for the
purposes specified in RCW 47.10.836 in accordance with the
bond proceedings. The state treasurer shall withdraw revenues from the motor vehicle fund and deposit into the highway bond retirement fund such amounts, and at such times, as
are required by the bond proceedings.
(3) Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.10.834 through 47.10.841
shall be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels which is, or may be appropriated to the
department of transportation for state highway purposes.
Funds required shall never constitute a charge against any
other allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities, or towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund
proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
(4) Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
and special fuel taxes that are distributable to the state, counties, cities, or towns shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the motor vehicle fund not required for bond retirement or
interest on the bonds. [1995 2nd sp.s. c 15 § 6; 1994 c 183 §
7.]
the state of Washington. [2006 c 334 § 33; 1998 c 321 § 16
(Referendum Bill No. 49, approved November 3, 1998).]
Severability—Effective date—1995 2nd sp.s. c 15: See notes following RCW 47.10.834.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
47.10.841 Equal charge against motor vehicle excise
tax revenues. Bonds issued under the authority of RCW
47.10.834 through 47.10.839 and this section and any other
general obligation bonds of the state of Washington that have
been or that may be authorized and that pledge motor vehicle
and special fuels taxes for the payment of principal and interest thereon are an equal charge against the revenues from the
motor vehicle and special fuels excise taxes. [1995 2nd sp.s.
c 15 § 7; 1994 c 183 § 9.]
47.10.841
Severability—Effective date—1995 2nd sp.s. c 15: See notes following RCW 47.10.834.
47.10.842 Severability—1994 c 183. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 183 § 11.]
47.10.842
STATE AND LOCAL HIGHWAY IMPROVEMENTS—
1998 ACT
47.10.843 Bond issue authorized. In order to provide
funds necessary for the location, design, right-of-way, and
construction of state and local highway improvements, there
shall be issued and sold upon the request of the secretary of
the department of transportation a maximum of one billion
nine hundred million dollars of general obligation bonds of
47.10.843
[Title 47 RCW—page 60]
Effective date—2006 c 334: See note following RCW 47.01.051.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
47.10.844 Administration and amount of sale. Upon
the request of the secretary of the department of transportation, the state finance committee shall supervise and provide
for the issuance, sale, and retirement of the bonds authorized
by RCW 47.10.843 through 47.10.848 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.843
through 47.10.848 shall be sold in such manner, at such time
or times, in such amounts, and at such price as the state
finance committee shall determine. No such bonds may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2006 c 334 § 34; 1998 c 321 § 17 (Referendum Bill No. 49, approved November 3, 1998).]
47.10.844
Effective date—2006 c 334: See note following RCW 47.01.051.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
47.10.845 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.843
through 47.10.848 shall be deposited in the motor vehicle
fund. The proceeds shall be available only for the purposes
enumerated in RCW 47.10.843, for the payment of bond
anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting. [1998 c 321
§ 18 (Referendum Bill No. 49, approved November 3,
1998).]
47.10.845
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
47.10.846 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.843 through 47.10.848 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
47.10.846
(2008 Ed.)
Highway Construction Bonds
RCW 47.10.843 through 47.10.848 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.843
through 47.10.848, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.843 through 47.10.848. [1998 c 321 § 19 (Referendum
Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
47.10.863
47.10.848 Equal charge against motor vehicle and
special fuels tax revenues. Bonds issued under the authority
of RCW 47.10.843 through 47.10.847 and this section and
any other general obligation bonds of the state of Washington
that have been or that may be authorized and that pledge
motor vehicle and special fuels excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuels excise taxes. [1998 c 321 § 21 (Referendum Bill No.
49, approved November 3, 1998).]
47.10.848
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
2003 TRANSPORTATION PROJECTS—
NICKEL ACCOUNT
47.10.847
47.10.847 Repayment procedure—Bond retirement
fund. Both principal and interest on the bonds issued for the
purposes of RCW 47.10.843 through 47.10.848 shall be payable from the highway bond retirement fund. The state
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw
revenues from the motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund,
such amounts, and at such times, as are required by the bond
proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.843 through 47.10.848 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and which is, or may be, appropriated to the
department of transportation for state highway purposes.
Funds required shall never constitute a charge against any
other allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities and towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund
proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state, counties, cities, and towns, shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the motor vehicle fund not required for bond retirement or
interest on the bonds. [1998 c 321 § 20 (Referendum Bill No.
49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
(2008 Ed.)
47.10.861 Bond issue authorized. In order to provide
funds necessary for the location, design, right-of-way, and
construction of selected projects or improvements that are
identified as transportation 2003 projects or improvements in
the omnibus transportation budget, there shall be issued and
sold upon the request of the secretary of the department of
transportation a total of three billion two hundred million dollars of general obligation bonds of the state of Washington.
[2007 c 519 § 3; 2006 c 334 § 31; 2003 c 147 § 1.]
47.10.861
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective date—2003 c 147: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 147 § 16.]
47.10.862 Administration and amount of sale. Upon
the request of the secretary of the department of transportation, as appropriate, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the
bonds in RCW 47.10.861 through 47.10.866 in accordance
with chapter 39.42 RCW. Bonds authorized by RCW
47.10.861 through 47.10.866 shall be sold in the manner, at
time or times, in amounts, and at the price as the state finance
committee shall determine. No bonds may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2006 c 334 § 32; 2003 c 147 § 2.]
47.10.862
Effective date—2006 c 334: See note following RCW 47.01.051.
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.863 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.861 shall be
deposited in the transportation 2003 account (nickel account)
in the motor vehicle fund. The proceeds shall be available
only for the purposes enumerated in RCW 47.10.861, for the
payment of bond anticipation notes, if any, and for the pay47.10.863
[Title 47 RCW—page 61]
47.10.864
Title 47 RCW: Public Highways and Transportation
ment of bond issuance costs, including the costs of underwriting. [2003 c 147 § 3.]
for bond retirement or interest on the bonds. [2003 c 147 §
5.]
Effective date—2003 c 147: See note following RCW 47.10.861.
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.866 Equal charge against motor vehicle and
special fuels tax revenues. Bonds issued under the authority
of RCW 47.10.861 through 47.10.865 and this section and
any other general obligation bonds of the state of Washington
that have been or that may be authorized and that pledge
motor vehicle and special fuels excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuels excise taxes. [2003 c 147 § 6.]
47.10.866
47.10.864
47.10.864 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.861 through 47.10.866 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
RCW 47.10.861 through 47.10.866 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of these excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.861
through 47.10.866, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.861 through 47.10.866. [2003 c 147 § 4.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.865
47.10.865 Repayment procedure—Bond retirement
fund. Both principal and interest on the bonds issued for the
purposes of RCW 47.10.861 through 47.10.866 shall be payable from the highway bond retirement fund. The state
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw revenues from the transportation 2003 account (nickel
account) in the motor vehicle fund and deposit in the highway
bond retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.861 through 47.10.866 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the transportation
2003 account (nickel account) in the motor vehicle fund.
Funds required shall never constitute a charge against any
other allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities, and towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the transportation 2003 account
(nickel account) proves insufficient to meet the requirements
for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state, counties, cities, and towns shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the transportation 2003 account (nickel account) not required
[Title 47 RCW—page 62]
Effective date—2003 c 147: See note following RCW 47.10.861.
MULTIMODAL TRANSPORTATION PROJECTS—
2003 ACT
47.10.867 Bond issue authorized—Appropriation of
proceeds. For the purpose of providing funds for the planning, design, construction, reconstruction, and other necessary costs for transportation projects, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of three hundred forty-nine
million five hundred thousand dollars, or as much thereof as
may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold
at such price as the state finance committee shall determine.
No bonds authorized in this section may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [2003 c 147 § 7.]
47.10.867
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.868 Proceeds—Deposit and use. The proceeds
of the sale of the bonds authorized in RCW 47.10.867 must
be deposited in the multimodal transportation account and
must be used exclusively for the purposes specified in RCW
47.10.867 and for the payment of expenses incurred in the
issuance and sale of the bonds. [2003 c 147 § 8.]
47.10.868
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.869 Repayment procedure. (1) The nondebtlimit reimbursable bond retirement account must be used for
the payment of the principal and interest on the bonds authorized in RCW 47.10.867.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 47.10.867.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from
the multimodal transportation account for deposit into the
nondebt-limit reimbursable bond retirement account the
amount computed in (a) of this subsection for bonds issued
for the purposes of RCW 47.10.867.
(3) If the multimodal transportation account has insufficient revenues to pay the principal and interest computed in
subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account must be used for the payment of
47.10.869
(2008 Ed.)
Highway Construction Bonds
the principal and interest on the bonds authorized in RCW
47.10.867 from any additional means provided by the legislature.
(4) If at any time the multimodal transportation account
has insufficient revenues to repay the bonds, the legislature
may provide additional means for the payment of the bonds.
[2003 c 147 § 9.]
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.870 Statement of general obligation—Transfer
and payment of funds. (1) Bonds issued under RCW
47.10.867 must state that they are a general obligation of the
state of Washington, must pledge the full faith and credit of
the state to the payment of the principal and interest, and must
contain an unconditional promise to pay the principal and
interest as it becomes due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 c
147 § 10.]
47.10.870
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.871 Additional repayment means. The legislature may provide additional means for raising moneys for the
payment of the principal and interest on the bonds authorized
in RCW 47.10.867, and RCW 47.10.869 and 47.10.870 are
not deemed to provide an exclusive method for their payment. [2003 c 147 § 11.]
47.10.877
47.10.878 shall be sold in the manner, at time or times, in
amounts, and at the price as the state finance committee shall
determine. No bonds may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of the
bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [2005 c 315 § 2.]
Effective date—2005 c 315: See note following RCW 47.10.873.
47.10.875 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.873 shall be
deposited in the transportation partnership account in the
motor vehicle fund. The proceeds shall be available only for
the purposes enumerated in RCW 47.10.873, for the payment
of bond anticipation notes, if any, and for the payment of
bond issuance costs, including the costs of underwriting.
[2005 c 315 § 3.]
47.10.875
Effective date—2005 c 315: See note following RCW 47.10.873.
47.10.871
Effective date—2003 c 147: See note following RCW 47.10.861.
47.10.872 Legal investment. The bonds authorized in
RCW 47.10.867 are a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [2003 c 147 § 12.]
47.10.872
Effective date—2003 c 147: See note following RCW 47.10.861.
SELECTED PROJECTS AND IMPROVEMENTS—
2005 ACT
47.10.873 Bond issue authorized. In order to provide
funds necessary for the location, design, right-of-way, and
construction of selected projects or improvements that are
identified as 2005 transportation partnership projects or
improvements in the omnibus transportation budget chapter
313, Laws of 2005, there shall be issued and sold upon the
request of the department of transportation a total of five billion three hundred million dollars of general obligation bonds
of the state of Washington. [2007 c 519 § 4; 2005 c 315 § 1.]
47.10.873
Effective date—2005 c 315: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 315 § 8.]
47.10.874 Administration and amount of sale. Upon
the request of the department of transportation, as appropriate, the state finance committee shall supervise and provide
for the issuance, sale, and retirement of the bonds in RCW
47.10.873 through 47.10.878 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.873 through
47.10.874
(2008 Ed.)
47.10.876 Statement of general obligation—Pledge of
excise taxes. Bonds issued under the authority of RCW
47.10.873 through 47.10.878 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest
on the bonds shall be first payable in the manner provided in
RCW 47.10.873 through 47.10.878 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of these excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the authority of RCW 47.10.873
through 47.10.878, and the legislature agrees to continue to
impose these excise taxes on motor vehicle and special fuels
in amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the authority of RCW
47.10.873 through 47.10.878. [2005 c 315 § 4.]
47.10.876
Effective date—2005 c 315: See note following RCW 47.10.873.
47.10.877 Repayment procedure—Bond retirement
fund. Both principal and interest on the bonds issued for the
purposes of RCW 47.10.873 through 47.10.878 shall be payable from the highway bond retirement fund. The state
finance committee may provide that a special account be created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on the bonds in accordance
with the bond proceedings. The state treasurer shall withdraw revenues from the transportation partnership account in
the motor vehicle fund and deposit in the highway bond
retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond proceedings.
47.10.877
[Title 47 RCW—page 63]
47.10.878
Title 47 RCW: Public Highways and Transportation
Any funds required for bond retirement or interest on the
bonds authorized by RCW 47.10.873 through 47.10.878 shall
be taken from that portion of the motor vehicle fund that
results from the imposition of excise taxes on motor vehicle
and special fuels and that is distributed to the transportation
partnership account in the motor vehicle fund. Funds
required shall never constitute a charge against any other
allocations of motor vehicle fuel and special fuel tax revenues to the state, counties, cities, and towns unless the
amount arising from excise taxes on motor vehicle and special fuels distributed to the transportation partnership account
proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state, counties, cities, and towns shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed to
the transportation partnership account not required for bond
retirement or interest on the bonds. [2007 c 519 § 5; 2005 c
315 § 5.]
47.12.160
Effective date—2005 c 315: See note following RCW 47.10.873.
47.12.287
47.12.290
47.10.878 Equal charge against motor vehicle and
special fuels tax revenues. Bonds issued under the authority
of RCW 47.10.873 through 47.10.877 and this section and
any other general obligation bonds of the state of Washington
that have been or that may be authorized and that pledge
motor vehicle and special fuels excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuels excise taxes. [2005 c 315 § 6.]
47.12.170
47.12.180
47.12.190
47.12.200
47.12.210
47.12.220
47.12.230
47.12.240
47.12.242
47.12.244
47.12.246
47.12.248
47.12.250
47.12.260
47.12.270
47.12.283
47.10.878
Effective date—2005 c 315: See note following RCW 47.10.873.
47.12.300
47.12.301
47.12.302
47.12.320
47.12.330
47.12.340
47.12.350
47.12.370
Acquisition of land outside highway right-of-way to minimize
damage.
Sale, lease of unneeded toll facility, ferry system property—
Franchises for utility, railway purposes.
Additional financing methods for property and engineering
costs—Formal declarations.
Additional financing methods for property and engineering
costs—Purchase or condemnation.
Additional financing methods for property and engineering
costs—Agreements with state finance committee.
Additional financing methods for property and engineering
costs—Warrants on motor vehicle fund.
Additional financing methods for property and engineering
costs—Provisions in agreement.
Additional financing methods for property and engineering
costs—Warrant form and procedure.
Additional financing methods for property and engineering
costs—Payment procedure—Prior charge.
"Advance right-of-way acquisition" defined.
Advance right-of-way revolving fund.
Reimbursement to advance right-of-way revolving fund.
Structures acquired in advance of programmed construction—
Maintenance.
Acquisition of property for preservation, safety, buffer purposes.
Acquisition of real property subject to local improvement
assessments—Payment.
Acquisition of property for park and ride lots.
Sale of real property authorized—Procedure—Disposition of
proceeds.
Exchange of real property authorized—Conveyance by deed.
Sale of real property—Execution, acknowledgement, and
delivery of deed.
Sale of unneeded property—Department of transportation—
Authorized—Rules.
Sale of unneeded property—Department of transportation—
Certification to governor—Execution, delivery of deed.
Department of transportation—Sale of unneeded property.
Sale of property—Listing with broker.
Advanced environmental mitigation—Authorized.
Advanced environmental mitigation revolving account.
Advanced environmental mitigation—Site management—
Reimbursement of account.
Environmental mitigation—Exchange agreements.
Acquisition of rights-of-way, city streets: RCW 47.24.030.
47.12.010 Acquisition of property authorized—Condemnation actions—Cost. Whenever it is necessary to
secure any lands or interests in land for a right-of-way for any
state highway, or for the drainage thereof or construction of a
protection therefor or so as to afford unobstructed vision
therefor toward any railroad crossing or another public highway crossing or any point of danger to public travel or to provide a visual or sound buffer between highways and adjacent
properties or for the purpose of acquiring sand pits, gravel
pits, borrow pits, stone quarries, or any other land for the
extraction of materials for construction or maintenance or
both, or for any site for the erection upon and use as a maintenance camp, of any state highway, or any site for other necessary structures or for structures for the health and accommodation of persons traveling or stopping upon the state
highways of this state, or any site for the construction and
maintenance of structures and facilities adjacent to, under,
upon, within, or above the right-of-way of any state highway
for exclusive or nonexclusive use by an urban public transportation system, or for any other highway purpose, together
with right-of-way to reach such property and gain access
thereto, the department of transportation is authorized to
acquire such lands or interests in land in behalf of the state by
gift, purchase, or condemnation. In case of condemnation to
secure such lands or interests in land, the action shall be
brought in the name of the state of Washington in the manner
provided for the acquiring of property for the public uses of
47.12.010
Chapter 47.12 RCW
ACQUISITION AND DISPOSITION OF STATE
HIGHWAY PROPERTY
Chapter 47.12
Sections
47.12.010
47.12.011
47.12.015
47.12.023
47.12.026
47.12.029
47.12.040
47.12.044
47.12.050
47.12.055
47.12.063
47.12.064
47.12.066
47.12.080
47.12.120
47.12.125
47.12.140
47.12.150
Acquisition of property authorized—Condemnation actions—
Cost.
Purchase options authorized.
"Reservation boundary" defined.
Acquisition of state lands or interests or rights therein—Procedures—Compensation—Reacquisition by department of natural resources.
Acquisition of state lands or interests or rights therein—Easements—Removal of materials—Relocation of railroad
tracks.
Acquisition of state lands or interests or rights therein—Certain purposes prohibited.
Acquisition of property from a political subdivision.
Proceedings to acquire property or rights for highway purposes—Precedence.
Work on remaining land as payment.
Notification requirements.
Surplus real property program.
Affordable housing—Inventory of suitable property.
Sale or lease of personal property—Provision of services—
Proceeds.
Sale or exchange of unused land.
Lease of unused highway land or air space.
Lease of unused highway land or air space—Disposition of
proceeds.
Severance and sale of timber and other personalty—Removal
of nonmarketable materials.
Acquisition, exchange of property to relocate displaced facility.
[Title 47 RCW—page 64]
(2008 Ed.)
Acquisition and Disposition of State Highway Property
the state, and in such action the selection of the lands or interests in land by the secretary of transportation shall, in the
absence of bad faith, arbitrary, capricious, or fraudulent
action, be conclusive upon the court and judge before which
the action is brought that said lands or interests in land are
necessary for public use for the purposes sought. The cost
and expense of such lands or interests in land may be paid as
a part of the cost of the state highway for which such right-ofway, drainage, unobstructed vision, sand pits, gravel pits,
borrow pits, stone quarries, maintenance camp sites, and
structure sites or other lands are acquired. [1977 ex.s. c 151
§ 46; 1967 c 108 § 4; 1961 c 13 § 47.12.010. Prior: 1937 c 53
§ 25, part; RRS § 6400-25, part.]
Urban public transportation system defined: RCW 47.04.082.
Right-of-way donations: Chapter 47.14 RCW.
47.12.011 Purchase options authorized. Whenever it
becomes necessary or feasible to purchase rights-of-way for
state highways, and the department deems it to be in the best
interest of the general public, the department may secure
options for purchase of property needed or proposed for any
entire project or section thereof or proposed alignment for the
location or relocation of any highway. [1984 c 7 § 114; 1961
c 13 § 47.12.011. Prior: 1955 c 49 § 1.]
47.12.011
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.015 "Reservation boundary" defined. For the
purposes of this chapter "reservation boundary" means the
boundary of the reservation as established by federal law or
under the authority of the United States Secretary of the Interior. [2002 c 255 § 2.]
47.12.015
47.12.023 Acquisition of state lands or interests or
rights therein—Procedures—Compensation—Reacquisition by department of natural resources. (1) Except as
provided in RCW 47.12.026 and 47.12.029, whenever it is
necessary to secure any lands or interests in lands for any
highway purpose mentioned in RCW 47.12.010, or for the
construction of any toll facility or ferry terminal or docking
facility, the title to which is in the state of Washington and
under the jurisdiction of the department of natural resources,
the department of transportation may acquire jurisdiction
over the lands or interests in lands, or acquire rights to
remove materials from the lands in the manner set forth in
this section.
(2) At any time after the final adoption of a right-of-way
plan or other plan requiring the acquisition of lands or interests in lands for any purpose as authorized in subsection (1)
of this section, the department of transportation may file with
the department of natural resources a notice setting forth its
intent to acquire jurisdiction of the lands or interests in lands
under the jurisdiction of the department of natural resources
required for right-of-way or other highway purposes related
to the construction or improvement of such state highway,
toll facility, or ferry terminal or docking facility.
(3) The department of transportation at the time of filing
its notice of intent as provided in subsection (2) of this section shall file therewith a written statement showing the total
amount of just compensation to be paid for the property in the
event of settlement. The offer shall be based upon the depart47.12.023
(2008 Ed.)
47.12.023
ment of transportation approved appraisal of the fair market
value of the property to be acquired. In no event may the offer
of settlement be referred to or used during any arbitration
proceeding or trial conducted for the purpose of determining
the amount of just compensation.
(4) Just compensation and/or fair market value for the
purposes of this section shall be determined in accordance
with applicable federal and state constitutional, statutory, and
case law relating to the condemnation of private and public
property for public purposes.
(5) If the department of natural resources does not accept
the offer of the department of transportation, the department
of transportation may nonetheless pay to the department of
natural resources the amount of its offer and obtain immediate possession and use of the property pending the determination of just compensation in the manner hereinafter provided.
(6) If the amount of just compensation is not agreed to,
either the department of natural resources or the department
of transportation may request in writing the appointment of
an arbitrator for the purpose of determining the amount of
compensation to be paid by the department of transportation
for the acquisition of jurisdiction over the lands or interests in
lands or rights therein. In that event the department of natural
resources and the department of transportation may jointly
agree on an arbitrator to determine the compensation, and his
determination shall be final and conclusive upon both departments. The costs of the arbitrator shall be borne equally by
the parties. If the department of natural resources and the
department of transportation are unable to agree on the selection of an arbitrator within thirty days after a request therefor
is made, either the department of transportation or the department of natural resources may file a petition with the superior
court for Thurston county for the purpose of determining the
amount of just compensation to be paid. The matter shall be
tried by the court pursuant to the procedures set forth in RCW
8.04.080.
(7) Whenever the department of transportation has
acquired immediate possession and use of property by payment of the amount of its offer to the department of natural
resources, and the arbitration award or judgment of the court
for the acquisition exceeds the payment for immediate possession and use, the department of transportation shall forthwith pay the amount of such excess to the department of natural resources with interest thereon from the date it obtained
immediate possession. If the arbitration or court award is less
than the amount previously paid by the department of transportation for immediate possession and use, the department
of natural resources shall forthwith pay the amount of the difference to the department of transportation.
(8) Upon the payment of just compensation, as agreed to
by the department of transportation and the department of
natural resources, or as determined by arbitration or by judgment of the court, and other costs or fees as provided by statute, the department of natural resources shall cause to be executed and delivered to the department of transportation an
instrument transferring jurisdiction over the lands or interests
in lands, or rights to remove material from the lands, to the
department of transportation.
(9) Except as provided in RCW 47.12.026, whenever the
department of transportation ceases to use any lands or interests in lands acquired in the manner set forth in this section
[Title 47 RCW—page 65]
47.12.026
Title 47 RCW: Public Highways and Transportation
for the purposes mentioned herein, the department of natural
resources may reacquire jurisdiction over the lands or interests in land by paying the fair market value thereof to the
department of transportation. If the two departments are
unable to agree on the fair market value of the lands or interests in lands, the market value shall be determined and the
interests therein shall be transferred in accordance with the
provisions and procedures set forth in subsections (4) through
(8) of this section. [1984 c 7 § 115; 1977 ex.s. c 103 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.026 Acquisition of state lands or interests or
rights therein—Easements—Removal of materials—
Relocation of railroad tracks. (1) The department of transportation may acquire an easement for highway or toll facilities right-of-way or for ferry terminal or docking facilities,
including the right to make necessary fills, on, over, or across
the beds of navigable waters which are under the jurisdiction
of the department of natural resources, in accordance with the
provisions of RCW 47.12.023, except that no charge may be
made to the department of transportation for such an easement.
(2) The department of transportation may obtain an easement for highway or toll facilities purposes or for ferry terminal or docking facilities on, over, or across harbor areas in
accordance with RCW 47.12.023 but only when the areas are
approved by the harbor line commission as a public place for
public landings, wharves, or other public conveniences of
commerce or navigation. No charge may be made to the
department of transportation for such an easement.
(3) Upon the selection by the department of transportation of an easement for highway or toll facilities right-of-way
or for ferry terminal or docking facilities, as authorized in
subsections (1) and (2) of this section, the department of natural resources shall cause to be executed and delivered to the
department of transportation an instrument transferring the
easement. Whenever the state no longer requires the easement for highway or toll facilities right-of-way or for ferry
terminal or docking facilities, the easement shall automatically terminate and the department of transportation shall,
upon request, cause to be executed an instrument relinquishing to the department of natural resources all of its interest in
the lands.
(4) The department of transportation, pursuant to the
procedures set forth in RCW 47.12.023, may remove sand
and gravel and borrow materials and stone from the beds of
navigable waters under the jurisdiction of the department of
natural resources which lie below the line of ordinary high
water upon the payment of fair market value per cubic yard
for such materials to be determined in the manner set forth in
RCW 47.12.023.
(5) The department of transportation may acquire full
jurisdiction over lands under the jurisdiction of the department of natural resources including the beds of navigable
waters that are required for the relocation of the operating
tracks of any railroad that will be displaced by the acquisition
of such railroad property for state highway purposes. The
department of transportation may exchange lands so acquired
in consideration or partial consideration for the land or property rights needed for highway purposes and may cause to be
47.12.026
[Title 47 RCW—page 66]
executed a conveyance of the lands in the manner prescribed
in RCW 47.12.150. In that event the department of transportation shall pay to the department of natural resources, as just
compensation for the acquisition, the fair market value of the
property, including the beds of any navigable waters, to be
determined in accordance with procedures set forth in RCW
47.12.023. [1984 c 7 § 116; 1977 ex.s. c 103 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.029 Acquisition of state lands or interests or
rights therein—Certain purposes prohibited. The department of transportation shall not acquire jurisdiction of any
lands or interest in lands under the jurisdiction of the department of natural resources for any of the purposes set forth in
RCW 47.12.150, 47.12.160, 47.12.180, 47.12.250, and
47.12.270. [1984 c 7 § 117; 1977 ex.s. c 103 § 3.]
47.12.029
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.040 Acquisition of property from a political
subdivision. Whenever it is necessary to secure any lands
for primary or secondary state highway right-of-way or other
state highway purposes, the title to which is in any county of
the state or in any political or municipal subdivision of the
state, which land is not at the time being used as a public
highway, the county legislative authority or the board of
directors or governing body of any such political or municipal subdivision are authorized to directly lease, sell, or convey by gift the land or any interest therein to the state of
Washington, without requiring competitive bids or notice to
the public, and at such price as the legislative authority, directors, or governing body may deem for the best interests of the
county or for the best interests of the political or municipal
subdivision of the state. The county legislative authority or
the directors or governing body of any political or municipal
subdivision are empowered to execute a deed or other proper
instrument to the land, passing title to the state of Washington, and the instrument need not require consideration other
than the benefit which may be derived by the grantor on
account of the use thereof. Whenever any state highway is
established by legislative enactment and the state highway is
upon the former route of a county road, the county legislative
authority shall cause the title to the existing right-of-way or
so much thereof as the department requires to be transferred
to the state of Washington by proper instrument. [1984 c 7 §
118; 1961 c 13 § 47.12.040. Prior: 1943 c 266 § 1; 1937 c 53
§ 26; Rem. Supp. 1943 § 6400-26.]
47.12.040
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.044 Proceedings to acquire property or rights
for highway purposes—Precedence. Court proceedings
necessary to acquire property or property rights for highway
purposes pursuant to RCW 47.12.010 take precedence over
all other causes not involving the public interest in all courts
in cases where the state is unable to secure an order granting
it immediate possession and use of the property or property
rights pursuant to RCW 8.04.090 through 8.04.094. [1983 c
140 § 2.]
47.12.044
47.12.050 Work on remaining land as payment.
Whenever it is considered in the securing of any lands for
47.12.050
(2008 Ed.)
Acquisition and Disposition of State Highway Property
state highway purpose, whether by condemnation or otherwise, that it is for the best interest of the state, for specific
constructural items of damage claimed, the court or judge
may order or the person whose lands are sought may agree
that a portion or all work or labor necessary to the land or
remaining land by reason of the taking by way of damage, be
performed by the state through the department as all or a part
of the consideration or satisfaction of the judgment therefor,
in which event the department may perform the work as a
portion of the right-of-way cost of the state highway. [1984
c 7 § 119; 1961 c 13 § 47.12.050. Prior: 1937 c 53 § 27; RRS
§ 6400-27.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.055 Notification requirements. Actions under
this chapter are subject to the notification requirements of
RCW 43.17.400. [2007 c 62 § 9.]
47.12.055
Finding—Intent—Severability—2007 c 62: See notes following
RCW 43.17.400.
47.12.063 Surplus real property program. (1) It is the
intent of the legislature to continue the department’s policy
giving priority consideration to abutting property owners in
agricultural areas when disposing of property through its surplus property program under this section.
(2) Whenever the department determines that any real
property owned by the state of Washington and under the
jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so,
the department may sell the property or exchange it in full or
part consideration for land or improvements or for construction of improvements at fair market value to any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter
81.112 RCW;
(e) The former owner of the property from whom the
state acquired title;
(f) In the case of residentially improved property, a tenant of the department who has resided thereon for not less
than six months and who is not delinquent in paying rent to
the state;
(g) Any abutting private owner but only after each other
abutting private owner (if any), as shown in the records of the
county assessor, is notified in writing of the proposed sale. If
more than one abutting private owner requests in writing the
right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at
public auction in the manner provided in RCW 47.12.283;
(h) To any person through the solicitation of written bids
through public advertising in the manner prescribed by RCW
47.28.050;
(i) To any other owner of real property required for transportation purposes;
(j) In the case of property suitable for residential use, any
nonprofit organization dedicated to providing affordable
housing to very low-income, low-income, and moderateincome households as defined in RCW 43.63A.510 and is eli47.12.063
(2008 Ed.)
47.12.066
gible to receive assistance through the Washington housing
trust fund created in chapter 43.185 RCW; or
(k) A federally recognized Indian tribe within whose reservation boundary the property is located.
(3) Sales to purchasers may at the department’s option be
for cash, by real estate contract, or exchange of land or
improvements. Transactions involving the construction of
improvements must be conducted pursuant to chapter 47.28
RCW or Title 39 RCW, as applicable, and must comply with
all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be
by deed executed by the secretary of transportation and shall
be duly acknowledged.
(5) Unless otherwise provided, all moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be
deposited in the motor vehicle fund. [2006 c 17 § 2; 2002 c
255 § 1; 1999 c 210 § 1; 1993 c 461 § 11; 1988 c 135 § 1;
1983 c 3 § 125; 1977 ex.s. c 78 § 1.]
Finding—1993 c 461: See note following RCW 43.63A.510.
Proceeds from the sale of surplus real property for construction of second
Tacoma Narrows bridge deposited in Tacoma Narrows toll bridge
account: RCW 47.56.165.
47.12.064
47.12.064 Affordable housing—Inventory of suitable
property. (1) The department shall identify and catalog real
property that is no longer required for department purposes
and is suitable for the development of affordable housing for
very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall
include the location, approximate size, and current zoning
classification of the property. The department shall provide a
copy of the inventory to the department of community, trade,
and economic development by November 1, 1993, and every
November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department shall purge the inventory of real property of sites
that are no longer available for the development of affordable
housing. The department shall include an updated listing of
real property that has become available since the last update.
As used in this section, "real property" means buildings, land,
or buildings and land. [1995 c 399 § 121; 1993 c 461 § 10.]
Finding—1993 c 461: See note following RCW 43.63A.510.
47.12.066
47.12.066 Sale or lease of personal property—Provision of services—Proceeds. (1) The department may sell at
fair market value, or lease at rental value (economic rent),
materials or other personal property to any United States
agency or to any municipal corporation, political subdivision,
or another agency of the state and may provide services to
any United States agency or to any municipal corporation,
political subdivision, or another agency of the state at actual
cost, including a reasonable amount for indirect costs.
(2) The department may sell at fair market value materials or other personal property to any private utility company
regulated by the utilities and transportation commission for
the purpose of making emergency repairs to utility facilities
or to protect such facilities from imminent damage upon a
finding in writing by the secretary that an emergency exists.
[Title 47 RCW—page 67]
47.12.080
Title 47 RCW: Public Highways and Transportation
(3) The proceeds of all sales and leases under this section
shall be placed in the motor vehicle fund. [1984 c 7 § 120;
1977 ex.s. c 78 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.080 Sale or exchange of unused land. The secretary of transportation may transfer and convey to the
United States, its agencies or instrumentalities, to any other
state agency, to any county or city or port district of this state,
or to any public utility company, any unused state-owned real
property under the jurisdiction of the department of transportation when, in the judgment of the secretary of transportation
and the attorney general, the transfer and conveyance is consistent with public interest. Whenever the secretary makes an
agreement for any such transfer or conveyance, and the attorney general concurs therein, the secretary shall execute and
deliver unto the grantee a deed of conveyance, easement, or
other instrument, duly acknowledged, as shall be necessary to
fulfill the terms of the aforesaid agreement. All moneys paid
to the state of Washington under any of the provisions hereof
shall be deposited in the motor vehicle fund. [1984 c 7 § 121.
Prior: 1977 ex.s. c 151 § 49; 1977 ex.s. c 78 § 5; 1975 1st
ex.s. c 96 § 3; 1961 c 13 § 47.12.080; prior: 1945 c 127 § 1;
Rem. Supp. 1945 § 6400-120.]
47.12.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.120 Lease of unused highway land or air space.
The department may rent or lease any lands, improvements,
or air space above or below any lands that are held for highway purposes but are not presently needed. The rental or
lease:
(1) Must be upon such terms and conditions as the
department may determine;
(2) Is subject to the provisions and requirements of zoning ordinances of political subdivisions of government;
(3) Includes lands used or to be used for both limited
access and conventional highways that otherwise meet the
requirements of this section; and
(4) In the case of bus shelters provided by a local transit
authority that include commercial advertising, may charge
the transit authority only for commercial space. [2003 c 198
§ 2; 1977 ex.s. c 151 § 50; 1969 c 91 § 1; 1961 c 13 §
47.12.120. Prior: 1949 c 162 § 1; Rem. Supp. 1949 § 6400122.]
47.12.120
47.12.125 Lease of unused highway land or air
space—Disposition of proceeds. All moneys paid to the
state of Washington under any of the provisions of RCW
47.12.120 shall be deposited in the department’s advance
right-of-way revolving fund, except moneys that are subject
to federal aid reimbursement and moneys received from
rental of capital facilities properties, which shall be deposited
in the motor vehicle fund. [1999 c 94 § 15; 1991 c 291 § 3;
1961 c 13 § 47.12.125. Prior: 1949 c 162 § 2; Rem. Supp.
1949 § 6400-123.]
47.12.125
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
47.12.140 Severance and sale of timber and other
personalty—Removal of nonmarketable materials.
47.12.140
[Title 47 RCW—page 68]
Whenever the department has acquired any lands for transportation purposes, except state granted lands, upon which
are located any structures, timber, or other thing of value
attached to the land that the department deems it best to sever
from the land and sell as personal property, the same may be
disposed of by one of the following means:
(1) The department may sell the personal property at
public auction after due notice has been given in accordance
with general rules adopted by the secretary. The department
may set minimum prices that will be accepted for any item
offered for sale at public auction as provided in this section
and may prescribe terms or conditions of sale. If an item is
offered for sale at the auction and no satisfactory bids are
received or the amount bid is less than the minimum set by
the department, the department may sell the item at private
sale for the best price that it deems obtainable, but not less
than the highest price bid at the public auction. The proceeds
of all sales under this section must be placed in the motor
vehicle fund.
(2) The department may issue permits to residents of this
state to remove specified quantities of standing or downed
trees and shrubs, rock, sand, gravel, or soils that have no market value in place and that the department desires to be
removed from state-owned lands that are under the jurisdiction of the department. An applicant for a permit must certify
that the materials so removed are to be used by the applicant
and that they will not be disposed of to any other person.
Removal of materials under the permit must be in accordance
with rules adopted by the department. The fee for a permit is
two dollars and fifty cents, which fee must be deposited in the
motor vehicle fund. The department may adopt rules providing for special access to limited access facilities for the purpose of removal of materials under permits authorized in this
section.
(3) The department may sell timber or logs to an abutting
landowner for cash at full appraised value, but only after each
other abutting owner (if any), as shown in the records of the
county assessor, is notified in writing of the proposed sale. If
more than one abutting owner requests in writing the right to
purchase the timber within fifteen days after receiving notice
of the proposed sale, the timber must be sold in accordance
with subsection (1) of this section.
(4) The department may sell timber or logs having an
appraised value of one thousand dollars or less directly to
interested parties for cash at the full appraised value without
notice or advertising. If the timber is attached to state-owned
land, the department shall issue a permit to the purchaser of
the timber to allow for the removal of the materials from state
land. The permit fee is two dollars and fifty cents. [1997 c
240 § 1; 1981 c 260 § 12. Prior: 1977 ex.s. c 151 § 52; 1977
ex.s. c 78 § 6; 1961 c 13 § 47.12.140; prior: 1953 c 42 § 1.]
47.12.150 Acquisition, exchange of property to relocate displaced facility. Whenever the department shall need
for highway purposes land or property rights belonging to the
United States government or any municipality or political
subdivision of the state, or which shall be a part of the rightof-way of any public utility having authority to exercise powers of eminent domain, when the acquisition of such property
by the state will result in the displacement of any existing
right-of-way or facility, the department is authorized to
47.12.150
(2008 Ed.)
Acquisition and Disposition of State Highway Property
acquire by condemnation or otherwise such lands and property rights as shall be needed to relocate such right-of-way or
facilities so displaced and to exchange lands or property
rights so acquired in consideration or partial consideration for
the land or property rights needed for highway purposes. The
secretary of transportation shall execute each conveyance,
which shall be duly acknowledged, necessary to accomplish
such exchange. [1977 ex.s. c 151 § 53; 1975 1st ex.s. c 96 §
5; 1961 c 13 § 47.12.150. Prior: 1953 c 55 § 1.]
47.12.160 Acquisition of land outside highway rightof-way to minimize damage. Whenever a part of a parcel of
land is to be acquired for state highway purposes and the
remainder lying outside of the right-of-way is to be left in
such shape or condition as to be of little value to its owner or
to give rise to claims or litigation concerning severance or
other damage, and its value does not exceed the probable
amount of the severance claims or damages, the department
may acquire by gift, purchase, or condemnation the whole
parcel and may sell that portion lying outside of the highway
right-of-way or may exchange the same for other property
needed for highway purposes. The provisions of this section
do not apply if the taking of that portion of the land lying outside of the highway right-of-way would deprive any adjacent
owner of an existing right of ingress and egress to his property. [1984 c 7 § 122; 1961 c 13 § 47.12.160. Prior: 1953 c
131 § 1.]
47.12.160
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.170 Sale, lease of unneeded toll facility, ferry
system property—Franchises for utility, railway purposes. See RCW 47.56.253 through 47.56.257.
47.12.170
47.12.180 Additional financing methods for property
and engineering costs—Formal declarations. It is
declared to be the public policy of the state of Washington to
provide for the acquisition of real property and engineering
costs necessary for the improvement of the state highway
system, in advance of actual construction, for the purposes of
eliminating costly delays in construction, reducing hardship
to owners of the property, and eliminating economic waste
occasioned by the improvement of such property immediately prior to its acquisition for highway uses.
The legislature therefore finds and declares that purchase
and condemnation of real property necessary for the state
highway system and engineering costs, reasonably in
advance of programmed construction, is a public use and purpose and a highway purpose.
The department is hereby authorized to purchase or condemn any real property or property rights therein which it
deems will be necessary for the improvement of routes on the
state highway system by the method provided in RCW
47.12.180 through 47.12.240 or alternatively by the method
provided in RCW 47.12.242 through 47.12.246. Neither
method may be used to condemn property or property rights
in advance of programmed construction until the department
has complied with hearing procedures required for the location or relocation of the type of highway for which the property is to be condemned. [1984 c 7 § 123; 1969 ex.s. c 197 §
1; 1961 c 281 § 1.]
47.12.180
(2008 Ed.)
47.12.210
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 281: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 281 § 12.]
47.12.190 Additional financing methods for property
and engineering costs—Purchase or condemnation. The
department, in addition to its other powers and duties as provided by law, is authorized to purchase or condemn any real
property or property rights therein which it deems will be
necessary for the improvements of routes on the state highway system by the method provided in RCW 47.12.180
through 47.12.240. Condemnation actions brought hereunder
shall be brought in the name of the state as provided for
acquiring property for the public uses of the state, and in such
actions selection of the property and property rights by the
secretary of transportation is conclusive that they are necessary for the purposes sought, in the absence of bad faith, or
arbitrary, capricious, or fraudulent action. [1977 ex.s. c 151
§ 54; 1961 c 281 § 2.]
47.12.190
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.200 Additional financing methods for property
and engineering costs—Agreements with state finance
committee. The transportation commission may enter into
agreements with the state finance committee for financing the
acquisition, by purchase or condemnation, of real property
together with engineering costs that the transportation commission deems will be necessary for the improvement of the
state highway system. Such agreements may provide for the
acquisition of an individual parcel or for the acquisition of
any number of parcels within the limits of a contemplated
highway project. [1977 ex.s. c 151 § 55; 1969 ex.s. c 197 §
2; 1961 c 281 § 3.]
47.12.200
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.210 Additional financing methods for property
and engineering costs—Warrants on motor vehicle fund.
Such an agreement shall provide that the state finance committee shall purchase, at par, warrants drawn upon the motor
vehicle fund in payment for the property covered by the
agreement and the engineering costs necessary for such
advance purchase or condemnation. Such warrants shall be
purchased by the state finance committee, upon the presentation by the holders thereof to the state treasurer, from any
moneys available for investment in the state treasury as provided in RCW 43.84.080: PROVIDED, That in no event
shall more than ten percent of the assets of any fund be used
for the purpose of acquiring property as authorized herein,
except in the case of current state funds in the state treasury,
twenty percent of the balance therein available for investment
may be invested as provided in RCW 47.12.180 through
47.12.240. [1981 c 3 § 38; 1969 ex.s. c 197 § 3; 1961 c 281
§ 4.]
47.12.210
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1961 c 281: See note following RCW 47.12.180.
Authorization that certain funds may be invested in motor vehicle fund warrants: RCW 43.84.080.
[Title 47 RCW—page 69]
47.12.220
Title 47 RCW: Public Highways and Transportation
47.12.220 Additional financing methods for property
and engineering costs—Provisions in agreement. Each
such agreement shall include, but shall not be limited to the
following:
(1) A provision stating the term of the agreement which
shall not extend more than seven years from the effective date
of the agreement;
(2) A designation of the specific fund or funds to be used
to carry out such agreement;
(3) A provision that the department of transportation
may redeem warrants purchased by the state finance committee at any time prior to the letting of a highway improvement
contract utilizing the property; and further, during the effective period of each such agreement the department of transportation shall redeem such warrants whenever such a highway improvement contract is let, or upon the expiration of
such agreement, whichever date is earlier;
(4) A provision stating the rate of interest such warrants
shall bear commencing at the time of purchase by the state
finance committee;
(5) Any additional provisions agreed upon by the transportation commission and the state finance committee which
are necessary to carry out the purposes of such agreement as
indicated by RCW 47.12.180 through 47.12.240, as now or
hereafter amended. [1977 ex.s. c 151 § 56; 1969 ex.s. c 197
§ 4; 1961 c 281 § 5.]
47.12.220
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.230 Additional financing methods for property
and engineering costs—Warrant form and procedure.
Warrants issued for payment of property and engineering
costs as provided herein shall be of a distinctive design and
shall contain the words "for purchase by the state finance
committee from . . . . fund" (indicating the proper investing
fund as provided by the agreement). Such warrants shall be
approved by the secretary of the state finance committee prior
to their issuance by the state treasurer. Upon presentation of
such warrants to the state treasurer for payment, he shall pay
the par value thereof from the fund for which the state finance
committee agreed to purchase such warrants whether or not
there are then funds in the motor vehicle fund. The state treasurer shall deposit such warrants in the treasury for the
investing fund. [1969 ex.s. c 197 § 5; 1961 c 281 § 6.]
47.12.230
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.240 Additional financing methods for property
and engineering costs—Payment procedure—Prior
charge. The state treasurer shall transfer from the motor
vehicle fund to the credit of the fund purchasing such warrants interest at the rate and at the times provided for in the
agreement. The state treasurer shall pay the warrants at the
time provided for in the agreement. The obligations coming
due are a prior charge against any funds in the motor vehicle
fund available to the department for construction of state
highways. [1984 c 7 § 124; 1961 c 281 § 7.]
47.12.240
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.242 "Advance right-of-way acquisition"
defined. The term "advance right-of-way acquisition" means
47.12.242
[Title 47 RCW—page 70]
the acquisition of property and property rights, generally not
more than ten years in advance of programmed highway construction projects, together with the engineering costs necessary for such advance right-of-way acquisition. Any property
or property rights purchased must be in designated highway
transportation corridors and be for projects approved by the
commission as part of the state’s six-year plan or included in
the state’s route development planning effort. [1991 c 291 §
1; 1969 ex.s. c 197 § 6.]
47.12.244 Advance right-of-way revolving fund.
There is created the "advance right-of-way revolving fund" in
the custody of the treasurer, into which the department is
authorized to deposit directly and expend without appropriation:
(1) An initial deposit of ten million dollars from the
motor vehicle fund included in the department of transportation’s 1991-93 budget;
(2) All moneys received by the department as rental
income from real properties that are not subject to federal aid
reimbursement, except moneys received from rental of capital facilities properties as defined in *chapter 47.13 RCW;
and
(3) Any federal moneys available for acquisition of
right-of-way for future construction under the provisions of
section 108 of Title 23, United States Code.
(4) During the 2007-09 fiscal biennium, the legislature
may transfer from the advance right-of-way revolving fund to
the motor vehicle account amounts as reflect the excess fund
balance of the advance right-of-way revolving fund. [2007 c
518 § 707; 1991 c 291 § 2; 1984 c 7 § 125; 1969 ex.s. c 197
§ 7.]
47.12.244
*Reviser’s note: Chapter 47.13 RCW was repealed by 1999 c 94 § 33,
effective July 1, 1999.
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.246 Reimbursement to advance right-of-way
revolving fund. (1) After any properties or property rights
are acquired from funds in the advance right-of-way revolving fund, the department shall manage the properties in
accordance with sound business practices. Funds received
from interim management of the properties shall be deposited
in the advance right-of-way revolving fund.
(2) When the department proceeds with the construction
of a highway which will require the use of any of the property
so acquired, the department shall reimburse the advance
right-of-way revolving fund, from other funds available to it,
the current appraised value of the property or property rights
required for the project together with damages caused to the
remainder by the acquisition after offsetting against all such
compensation and damages the special benefits, if any, accruing to the remainder by reason of the state highway being
constructed.
(3) When the department determines that any properties
or property rights acquired from funds in the advance rightof-way revolving fund will not be required for a highway
construction project the department may sell the property at
fair market value in accordance with requirements of RCW
47.12.246
(2008 Ed.)
Acquisition and Disposition of State Highway Property
47.12.063. All proceeds of such sales shall be deposited in
the advance right-of-way revolving fund.
(4) Deposits in the fund may be reexpended as provided
in RCW 47.12.180, 47.12.200 through 47.12.230, and
47.12.242 through 47.12.248 without further or additional
appropriations. [1991 c 291 § 4; 1984 c 7 § 126; 1969 ex.s. c
197 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.248 Structures acquired in advance of programmed construction—Maintenance. Whenever the
department purchases or condemns any property under RCW
47.12.180 through 47.12.240 or 47.12.242 through
47.12.246, the department shall cause any structures so
acquired and not removed within a reasonable time to be
maintained in good appearance. [1984 c 7 § 127; 1969 ex.s.
c 197 § 10.]
47.12.248
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.250 Acquisition of property for preservation,
safety, buffer purposes. The department is authorized to
acquire by purchase, lease, condemnation, gift, devise,
bequest, grant, or exchange, title to or any interests or rights
in real property adjacent to state highways for the preservation of natural beauty, historic sites or viewpoints or for
safety rest areas or to provide a visual or sound buffer
between highways and adjacent properties. However, the
department shall not acquire, by condemnation, less than an
owner’s entire interest for providing a visual or sound buffer
between highways and adjacent properties under RCW
47.12.010 and 47.12.250 if the owner objects to the taking of
a lesser interest or right. [1984 c 7 § 128; 1967 c 108 § 5;
1965 ex.s. c 170 § 62.]
47.12.250
Severability—1984 c 7: See note following RCW 47.01.141.
Roadside areas—Safety rest areas: Chapter 47.38 RCW.
Scenic and Recreational Highway Act: Chapter 47.39 RCW.
47.12.260 Acquisition of real property subject to
local improvement assessments—Payment. See RCW
79.44.190.
47.12.260
47.12.270 Acquisition of property for park and ride
lots. The department may acquire real property or interests in
real property by gift, purchase, lease, or condemnation and
may construct and maintain thereon fringe and transportation
corridor parking facilities to serve motorists transferring to or
from urban public transportation vehicles or private car pool
vehicles. The department may obtain and exercise options for
the purchase of property to be used for purposes described in
this section. The department shall not expend any funds for
acquisition or construction costs of any parking facility to be
operated as a part of a transit system by a metropolitan
municipal corporation unless the facility has been approved
by the department in advance of its acquisition or construction. [1984 c 7 § 129; 1973 2nd ex.s. c 18 § 1.]
47.12.270
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.283 Sale of real property authorized—Procedure—Disposition of proceeds. (1) Whenever the department of transportation determines that any real property
47.12.283
(2008 Ed.)
47.12.283
owned by the state of Washington and under the jurisdiction
of the department is no longer required for highway purposes
and that it is in the public interest to do so, the department
may, in its discretion, sell the property under RCW 47.12.063
or under subsections (2) through (6) of this section.
(2) Whenever the department determines to sell real
property under its jurisdiction at public auction, the department shall first give notice thereof by publication on the same
day of the week for two consecutive weeks, with the first
publication at least two weeks prior to the date of the auction,
in a legal newspaper of general circulation in the area where
the property to be sold is located. The notice shall be placed
in both the legal notices section and the real estate classified
section of the newspaper. The notice shall contain a description of the property, the time and place of the auction, and the
terms of the sale. The sale may be for cash or by real estate
contract.
(3) The department shall sell the property at the public
auction, in accordance with the terms set forth in the notice,
to the highest and best bidder providing the bid is equal to or
higher than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids are
rejected, the department may, in its discretion, enter into
negotiations for the sale of the property or may list the property with a licensed real estate broker. No property shall be
sold by negotiations or through a broker for less than the
property’s appraised fair market value. Any offer to purchase
real property pursuant to this subsection shall be in writing
and may be rejected at any time prior to written acceptance
by the department.
(5) Before the department shall approve any offer for the
purchase of real property having an appraised value of more
than ten thousand dollars, pursuant to subsection (4) of this
section, the department shall first publish a notice of the proposed sale in a local newspaper of general circulation in the
area where the property is located. The notice shall include a
description of the property, the selling price, the terms of the
sale, including the price and interest rate if sold by real estate
contract, and the name and address of the department
employee or the real estate broker handling the transaction.
The notice shall further state that any person may, within ten
days after the publication of the notice, deliver to the designated state employee or real estate broker a written offer to
purchase the property for not less than ten percent more than
the negotiated sale price, subject to the same terms and conditions. A subsequent offer shall not be considered unless it is
accompanied by a deposit of twenty percent of the offer in the
form of cash, money order, cashiers check, or certified check
payable to the Washington state treasurer, to be forfeited to
the state (for deposit in the motor vehicle fund) if the offeror
fails to complete the sale if the offeror’s offer is accepted. If
a subsequent offer is received, the first offeror shall be
informed by registered or certified mail sent to the address
stated in his offer. The first offeror shall then have ten days,
from the date of mailing the notice of the increased offer, in
which to file with the designated state employee or real estate
broker a higher offer than that of the subsequent offeror.
After the expiration of the ten day period, the department
shall approve in writing the highest and best offer which the
department then has on file.
[Title 47 RCW—page 71]
47.12.287
Title 47 RCW: Public Highways and Transportation
(6) All moneys received pursuant to this section, less any
real estate broker’s commissions paid pursuant to RCW
47.12.320, shall be deposited in the motor vehicle fund.
[1979 ex.s. c 189 § 1.]
Effective date—1979 ex.s. c 189: "This 1979 act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
July 1, 1979." [1979 ex.s. c 189 § 8.]
47.12.287 Exchange of real property authorized—
Conveyance by deed. The department of transportation is
hereby authorized to enter into an exchange agreement with
the owner of real property required for highway purposes to
convey to such owner real property, owned by the state and
under the department’s jurisdiction, as full or part consideration for property to be acquired for highway purposes. Such
an exchange agreement may relate back and apply to any
exchange of property previously agreed to and partially executed (pursuant to an earlier exchange agreement found to be
void for want of a governor’s deed as required by prior law),
and shall be subject to such agreed terms and conditions as
are authorized by RCW 47.12.063(3) as now existing or hereafter amended. Any conveyance from the state of Washington made pursuant to this section shall be by deed executed
by the secretary of transportation, which shall be duly
acknowledged. [1979 ex.s. c 189 § 2.]
47.12.287
Effective date—1979 ex.s. c 189: See note following RCW 47.12.283.
47.12.290 Sale of real property—Execution,
acknowledgement, and delivery of deed. When full payment for real property agreed to be sold as authorized by
RCW 47.12.283 has been received, the secretary of transportation shall execute the deed which shall be duly acknowledged and deliver it to the grantee. [1979 ex.s. c 189 § 3;
1975 1st ex.s. c 96 § 6; 1973 1st ex.s. c 177 § 2.]
47.12.290
Effective date—1979 ex.s. c 189: See note following RCW 47.12.283.
47.12.300 Sale of unneeded property—Department
of transportation—Authorized—Rules. See RCW
47.56.254.
47.12.300
47.12.301 Sale of unneeded property—Department
of transportation—Certification to governor—Execution,
delivery of deed. See RCW 47.56.255.
47.12.301
47.12.302 Department of transportation—Sale of
unneeded property. See RCW 47.60.130.
47.12.302
47.12.320 Sale of property—Listing with broker.
The department may list any available properties with any
licensed real estate broker at a commission rate otherwise
charged in the geographic area for such services. [1984 c 7 §
130; 1973 1st ex.s. c 177 § 7.]
projects. The term "advanced environmental mitigation"
means mitigation of adverse impacts upon the environment
from transportation projects before their design and construction. Advanced environmental mitigation consists of the
acquisition of property; the acquisition of property, water, or
air rights; the development of property for the purposes of
improved environmental management; engineering costs
necessary for such purchase and development; and the use of
advanced environmental mitigation sites to fulfill project
environmental permit requirements. Advanced environmental mitigation must be conducted in a manner that is consistent with the definition of mitigation found in the council of
environmental quality regulations (40 C.F.R. Sec. 1508.20)
and the governor’s executive order on wetlands (EO 90-04).
Advanced environmental mitigation is for projects approved
by the transportation commission as part of the state’s sixyear plan or included in the state highway system plan.
Advanced environmental mitigation must give consideration
to activities related to fish passage, fish habitat, wetlands, and
flood management. Advanced environmental mitigation may
also be conducted in partnership with federal, state, or local
government agencies, tribal governments, interest groups, or
private parties. Partnership arrangements may include joint
acquisition and development of mitigation sites, purchasing
and selling mitigation bank credits among participants, and
transfer of mitigation site title from one party to another. Specific conditions of partnership arrangements will be developed in written agreements for each applicable environmental mitigation site. [1998 c 181 § 2; 1997 c 140 § 2.]
Findings—1998 c 181: "The legislature finds that fish passage, fish
habitat, wetlands, and flood management are critical issues in the effective
management of watersheds in Washington. The legislature also finds that the
state of Washington invests a considerable amount of resources on environmental mitigation activities related to fish passage, fish habitat, wetlands,
and flood management. The department of transportation’s advanced environmental mitigation revolving account established under RCW 47.12.340,
is a key funding component in bringing environmental mitigation together
with comprehensive watershed management." [1998 c 181 § 1.]
Intent—1997 c 140: "It is the intent of chapter 140, Laws of 1997 to
provide environmental mitigation in advance of the construction of programmed projects where desirable and feasible, [which] will provide a more
efficient and predictable environmental permit process, increased benefits to
environmental resources, and a key tool in using the watershed approach for
environmental impact mitigation. The legislative transportation committee,
through its adoption of the December 1994 report "Environmental Cost Savings and Permit Coordination Study," encourages state agencies to use a
watershed approach based on a water resource inventory area in an improved
environmental mitigation and permitting process. Establishment of an
advanced transportation environmental mitigation revolving account would
help the state to improve permit processes and environmental protection
when providing transportation services." [1997 c 140 § 1.]
47.12.320
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.330 Advanced environmental mitigation—
Authorized. For the purpose of environmental mitigation of
transportation projects, the department may acquire or
develop, or both acquire and develop, environmental mitigation sites in advance of the construction of programmed
47.12.330
[Title 47 RCW—page 72]
47.12.340
47.12.340 Advanced environmental mitigation
revolving account. The advanced environmental mitigation
revolving account is created in the custody of the treasurer,
into which the department shall deposit directly and may
expend without appropriation:
(1) An initial appropriation included in the department of
transportation’s 1997-99 budget, and deposits from other
identified sources;
(2) All moneys received by the department from internal
and external sources for the purposes of conducting advanced
environmental mitigation; and
(2008 Ed.)
Right-of-Way Donations
(3) Interest gained from the management of the advanced
environmental mitigation revolving account. [1997 c 140 §
3.]
Intent—1997 c 140: See note following RCW 47.12.330.
47.12.350 Advanced environmental mitigation—Site
management—Reimbursement of account. (1) After
advanced environmental mitigation is conducted from funds
in the advanced environmental mitigation revolving account,
the advanced environmental mitigation sites must be managed in accordance with any permits, agreements, or other
legal documents under which the subject advanced environmental mitigation is conducted.
(2) When the department or any of its transportation
partners proceeds with the construction of a transportation
project that will use advanced environmental mitigation sites
to meet the environmental mitigation needs of a project, the
advanced environmental mitigation revolving account shall
be reimbursed from those transportation project funds appropriated for the use of the advanced environmental mitigation
sites. Reimbursements to the advanced environmental mitigation revolving account must be paid at a rate that captures:
(a) Projected land acquisition costs for environmental
mitigation for the subject transportation project;
(b) Advanced environmental mitigation site development costs;
(c) Advanced environmental mitigation site operational
costs (e.g., site monitoring);
(d) Administrative costs for the management of the
advanced environmental revolving account.
These costs must be adjusted based on inflation, as
appropriate.
When only a portion of an advanced environmental mitigation site is used, the reimbursement rate charged to the
purchasing party will be prorated for the portion used. [1997
c 140 § 4.]
47.12.350
Intent—1997 c 140: See note following RCW 47.12.330.
47.12.370 Environmental mitigation—Exchange
agreements. (1) The department may enter into exchange
agreements with local, state, or federal agencies, tribal governments, or private nonprofit nature conservancy corporations as defined in RCW 64.04.130, to convey properties
under the jurisdiction of the department that serve as environmental mitigation sites, as full or part consideration for the
grantee assuming all future maintenance and operation obligations and costs required to maintain and operate the environmental mitigation site in perpetuity.
(2) Tribal governments shall only be eligible to participate in an exchange agreement if they:
(a) Provide the department with a valid waiver of their
tribal sovereign immunity from suit. The waiver must allow
the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and
(b) Agree that the property shall not be placed into trust
status.
(3) The conveyances must be by quitclaim deed, or other
form of conveyance, executed by the secretary of transportation, and must expressly restrict the use of the property to a
mitigation site consistent with preservation of the functions
47.12.370
(2008 Ed.)
47.14.020
and values of the site, and must provide for the automatic
reversion to the department if the property is not used as a
mitigation site or is not maintained in a manner that complies
with applicable permits, laws, and regulations pertaining to
the maintenance and operation of the mitigation site. [2003 c
187 § 1; 2002 c 188 § 1.]
Chapter 47.14
Chapter 47.14 RCW
RIGHT-OF-WAY DONATIONS
Sections
47.14.010
47.14.020
47.14.030
47.14.040
47.14.050
47.14.900
47.14.910
Legislative finding, intent.
Definitions.
Credit against transportation benefit district assessment.
Advertising signs on donated parcel.
Department’s duties.
Construction.
Severability—1987 c 267.
47.14.010 Legislative finding, intent. The legislature
finds that in numerous areas throughout the state, rapid
expansion of residential, commercial, industrial, and business
activities is producing increased traffic levels. The legislature
further finds that many property owners have exhibited a
willingness to donate real property or property rights for
transportation improvements to accommodate such increases
in traffic. The legislature recognizes that the cost of right-ofway acquisition is often a significant, and even a prohibitive
cost element in many transportation improvement projects.
The legislature seeks to encourage the voluntary donation of right-of-way to the state, counties, cities, and towns
for transportation improvements recognizing that such donations can result in direct benefits to property owners, developers, and the community at large.
It is the intent of the legislature to further facilitate the
department of transportation’s authority under RCW
47.12.010, 47.24.030, and 47.52.050 to accept donations of
right-of-way for state transportation purposes. The legislature
further intends to facilitate the authority of a city, town, or
county to accept donations of right-of-way for other transportation purposes.
The legislature therefore declares it to be in the best
interest and welfare of the citizens of Washington for the
state department of transportation, and for counties, cities,
and towns to actively foster and encourage donations of
right-of-way by willing donors in all areas where transportation improvements are to be made. In addition, and in lieu of
monetary compensation for property needed for right-of-way
purposes, the legislature seeks to provide incentives to potential donors such as are set forth in RCW 47.14.030 and
47.14.040. [1987 c 267 § 1.]
47.14.010
47.14.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Right-of-way" means the area of land designated for
transportation purposes.
(2) "Airspace" means the space above and below the
gradeline of all highways, roads, and streets, and the area
alongside the traveled way and within approved right-of-way
lines. [1987 c 267 § 2.]
47.14.020
[Title 47 RCW—page 73]
47.14.030
Title 47 RCW: Public Highways and Transportation
47.14.030
47.14.030 Credit against transportation benefit district assessment. The governing body of a transportation
benefit district may give credit for all or any portion of any
real property donation against an assessment, charge, or other
required financial contribution for transportation improvements within a transportation benefit district established
under RCW 36.73.020 or 35.21.225. The credit granted shall
be available against any assessment, charge or other required
financial contribution for any transportation purpose which
utilizes the donated property. [1987 c 267 § 3.]
47.14.040
47.14.040 Advertising signs on donated parcel. The
department or the county, city, or town to which the right-ofway is donated shall, upon request, grant the donor an airspace lease or a permit for the purpose of erecting or maintaining, or both, one or more signs advertising a business of
the donor that is conducted on premises adjacent to the
donated parcel unless the sign or signs would be detrimental
to the safety and operation of the highway, road, or street.
This provision applies to all highways, roads, and streets
other than limited access highways and streets, where it
applies only until the donated parcel becomes part of a completed operating facility. Except as provided in this section,
any such sign shall conform to the requirements of all other
applicable federal, state, and local laws and ordinances. The
lease agreement or permit shall take into consideration applicable county and city zoning ordinances and may provide for
compensation for removal of the sign in accordance with
applicable federal, state, and local laws and ordinances. The
lease agreement or permit shall specify the conditions for signage. [1987 c 267 § 4.]
47.14.050
47.14.050 Department’s duties. The department shall:
(1) Give priority to the refinement and modification of
right-of-way procedures and policies dealing with donation;
(2) Reduce or simplify paperwork requirements resulting
from right-of-way procurement;
(3) Increase communication and education efforts as a
means to solicit and encourage voluntary right-of-way donations;
(4) Enhance communication and coordination with local
governments through agreements of understanding that
address state acceptance of right-of-way donations secured
under zoning, use permits, subdivision, and associated police
power authority of local government. [1998 c 245 § 96; 1987
c 267 § 5.]
47.14.900
47.14.900 Construction. Nothing in this chapter may
be construed to contravene the requirements of chapter 8.26
RCW. [1987 c 267 § 6.]
47.14.910
47.14.910 Severability—1987 c 267. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 267 § 12.]
[Title 47 RCW—page 74]
Chapter 47.17
Chapter 47.17 RCW
STATE HIGHWAY ROUTES
Sections
47.17.001
47.17.005
47.17.010
47.17.015
47.17.020
47.17.025
47.17.030
47.17.035
47.17.040
47.17.045
47.17.050
47.17.055
47.17.060
47.17.065
47.17.070
47.17.075
47.17.077
47.17.080
47.17.081
47.17.085
47.17.090
47.17.095
47.17.100
47.17.105
47.17.110
47.17.115
47.17.120
47.17.130
47.17.132
47.17.133
47.17.135
47.17.140
47.17.145
47.17.153
47.17.155
47.17.157
47.17.160
47.17.163
47.17.165
47.17.168
47.17.170
47.17.175
47.17.180
47.17.185
47.17.190
47.17.195
47.17.200
47.17.212
47.17.215
47.17.216
47.17.217
47.17.219
47.17.221
47.17.223
47.17.225
47.17.227
47.17.230
47.17.235
47.17.240
47.17.250
47.17.255
47.17.260
47.17.262
47.17.275
47.17.280
47.17.285
47.17.295
47.17.300
47.17.305
47.17.310
47.17.315
47.17.317
47.17.320
47.17.325
47.17.328
47.17.330
47.17.335
47.17.340
Criteria for changes to system.
State route No. 2.
State route No. 3.
State route No. 4.
State route No. 5—Washington green highway.
State route No. 6.
State route No. 7.
State route No. 8.
State route No. 9.
State route No. 10.
State route No. 11.
State route No. 12.
State route No. 14.
State route No. 16.
State route No. 17.
State route No. 18.
State route No. 19.
State route No. 20.
State route No. 20 north.
State route No. 21.
State route No. 22.
State route No. 23.
State route No. 24.
State route No. 25.
State route No. 26.
State route No. 27.
State route No. 28.
State route No. 31.
State route No. 35.
State route No. 41.
State route No. 82—Washington green highway.
State route No. 90—American Veterans Memorial Highway—
Washington green highway.
State route No. 92.
State route No. 96.
State route No. 97.
State route No. 97-alternate.
State route No. 99.
State route No. 100.
State route No. 101.
State route No. 102.
State route No. 103.
State route No. 104.
State route No. 105.
State route No. 106.
State route No. 107.
State route No. 108.
State route No. 109.
State route No. 110.
State route No. 112.
State route No. 113.
State route No. 115.
State route No. 116.
State route No. 117.
State route No. 119.
State route No. 121.
State route No. 122.
State route No. 123.
State route No. 124.
State route No. 125.
State route No. 127.
State route No. 128.
State route No. 129.
State route No. 131.
State route No. 141.
State route No. 142.
State route No. 150.
State route No. 153.
State route No. 155.
State route No. 160.
State route No. 161.
State route No. 162.
State route No. 163.
State route No. 164.
State route No. 165.
State route No. 166.
State route No. 167.
State route No. 168.
State route No. 169.
(2008 Ed.)
State Highway Routes
47.17.345
47.17.350
47.17.355
47.17.360
47.17.365
47.17.370
47.17.372
47.17.375
47.17.377
47.17.380
47.17.382
47.17.385
47.17.390
47.17.395
47.17.400
47.17.405
47.17.410
47.17.416
47.17.417
47.17.419
47.17.425
47.17.430
47.17.435
47.17.436
47.17.440
47.17.445
47.17.455
47.17.460
47.17.465
47.17.475
47.17.480
47.17.481
47.17.482
47.17.485
47.17.490
47.17.495
47.17.500
47.17.502
47.17.503
47.17.505
47.17.510
47.17.515
47.17.517
47.17.520
47.17.525
47.17.530
47.17.540
47.17.545
47.17.550
47.17.556
47.17.560
47.17.566
47.17.567
47.17.569
47.17.571
47.17.575
47.17.577
47.17.580
47.17.595
47.17.605
47.17.610
47.17.615
47.17.625
47.17.630
47.17.635
47.17.640
47.17.645
47.17.650
47.17.655
47.17.660
47.17.665
47.17.670
47.17.675
47.17.680
47.17.685
47.17.690
47.17.695
47.17.705
47.17.710
47.17.715
47.17.717
47.17.720
47.17.725
47.17.727
(2008 Ed.)
State route No. 170.
State route No. 171.
State route No. 172.
State route No. 173.
State route No. 174.
State route No. 181.
State route No. 182.
State route No. 193.
State route No. 194.
State route No. 195.
State route No. 197.
State route No. 202.
State route No. 203.
State route No. 204.
State route No. 205.
State route No. 206.
State route No. 207.
State route No. 211.
State route No. 213.
State route No. 215.
State route No. 221.
State route No. 223.
State route No. 224.
State route No. 225.
State route No. 230.
State route No. 231.
State route No. 240.
State route No. 241.
State route No. 243.
State route No. 260.
State route No. 261.
State route No. 262.
State route No. 263.
State route No. 270.
State route No. 271.
State route No. 272.
State route No. 274.
State route No. 276.
State route No. 278.
State route No. 281.
State route No. 282.
State route No. 283.
State route No. 285.
State route No. 290.
State route No. 291.
State route No. 292.
State route No. 300.
State route No. 302.
State route No. 303.
State route No. 304.
State route No. 305.
State route No. 307.
State route No. 308.
State route No. 310.
State route No. 339.
State route No. 395.
State route No. 397.
State route No. 401.
State route No. 405.
State route No. 409.
State route No. 410.
State route No. 411.
State route No. 432.
State route No. 433.
State route No. 500.
State route No. 501—Erwin O. Rieger Memorial Highway.
State route No. 502.
State route No. 503.
State route No. 504—Spirit Lake Memorial Highway.
State route No. 505.
State route No. 506.
State route No. 507.
State route No. 508.
State route No. 509.
State route No. 510.
State route No. 512.
State route No. 513.
State route No. 515.
State route No. 516.
State route No. 518.
State route No. 519.
State route No. 520.
State route No. 522.
State route No. 523.
47.17.730
47.17.735
47.17.740
47.17.745
47.17.750
47.17.752
47.17.755
47.17.757
47.17.760
47.17.765
47.17.770
47.17.780
47.17.785
47.17.795
47.17.797
47.17.800
47.17.805
47.17.806
47.17.807
47.17.808
47.17.815
47.17.818
47.17.819
47.17.820
47.17.821
47.17.823
47.17.824
47.17.825
47.17.835
47.17.840
47.17.845
47.17.850
47.17.855
47.17.917
47.17.919
47.17.960
47.17.990
47.17.001
State route No. 524.
State route No. 525.
State route No. 526.
State route No. 527.
State route No. 528.
State route No. 529.
State route No. 530.
State route No. 531.
State route No. 532.
State route No. 534.
State route No. 536.
State route No. 538.
State route No. 539.
State route No. 542.
State route No. 543.
State route No. 544.
State route No. 546.
State route No. 547.
State route No. 548.
State route No. 599.
State route No. 702.
State route No. 704.
State route No. 705.
State route No. 706—Road to Paradise.
State route No. 730.
State route No. 821.
State route No. 823.
State route No. 900.
State route No. 902.
State route No. 903.
State route No. 904.
State route No. 906.
State route No. 908.
State route No. 970.
State route No. 971.
Local bridges—Department responsibility.
Construction—Refunds to counties composed of islands.
Latitude in selecting route: RCW 47.28.010.
47.17.001 Criteria for changes to system. In considering whether to make additions, deletions, or other changes to
the state highway system, the legislature shall be guided by
the following criteria as contained in the Road Jurisdiction
Committee Phase I report to the legislature dated January
1987:
(1) A rural highway route should be designated as a state
highway if it meets any of the following criteria:
(a) Is designated as part of the national system of interstate and defense highways (popularly called the interstate
system); or
(b) Is designated as part of the system of numbered
United States routes; or
(c) Contains an international border crossing that is open
twelve or more hours each day.
(2) A rural highway route may be designated as a state
highway if it is part of an integrated system of roads and:
(a) Carries in excess of three hundred thousand tons
annually and provides primary access to a rural port or intermodal freight terminal;
(b) Provides a major cross-connection between existing
state highways;
(c) Connects places exhibiting one or more of the following characteristics:
(i) A population center of one thousand or greater;
(ii) An area or aggregation of areas having a population
equivalency of one thousand or more, such as, but not limited
to, recreation areas, military installations, and so forth;
(iii) A county seat;
(iv) A major commercial-industrial terminal in a rural
area with a population equivalency of one thousand or
greater; or
47.17.001
[Title 47 RCW—page 75]
47.17.005
Title 47 RCW: Public Highways and Transportation
(d) Is designated as a scenic and recreational highway.
(3) An urban highway route that meets any of the following criteria should be designated as part of the state highway
system:
(a) Is designated as part of the interstate system;
(b) Is designated as part of the system of numbered
United States routes;
(c) Is an urban extension of a rural state highway into or
through an urban area and is necessary to form an integrated
system of state highways;
(d) Is a principal arterial that is a connecting link
between two state highways and serves regionally oriented
through traffic in urbanized areas with a population of fifty
thousand or greater, or is a spur that serves regionally oriented traffic in urbanized areas.
(4) The following guidelines are intended to be used as a
basis for interpreting and applying the criteria to specific
routes:
(a) For any route wholly within one or more contiguous
jurisdictions which would be proposed for transfer to the
state highway system under these criteria, if local officials
prefer, responsibility will remain at the local level.
(b) State highway routes maintain continuity of the system by being composed of routes that join other state routes
at both ends or to arterial routes in the states of Oregon and
Idaho and the Province of British Columbia.
(c) Public facilities may be considered to be served if
they are within approximately two miles of a state highway.
(d) Exceptions may be made to include:
(i) Rural spurs as state highways if they meet the criteria
relative to serving population centers of one thousand or
greater population or activity centers with population equivalencies or an aggregated population of one thousand or
greater;
(ii) Urban spurs as state highways that provide needed
access to Washington state ferry terminals, state parks, major
seaports, and trunk airports; and
(iii) Urban connecting links as state highways that function as needed bypass routing of regionally oriented through
traffic and benefit truck routing, capacity alternative, business congestion, and geometric deficiencies.
(e) In urban and urbanized areas:
(i) Unless they are significant regional traffic generators,
public facilities such as state hospitals, state correction centers, state universities, ferry terminals, and military bases do
not constitute a criteria for establishment of a state highway;
and
(ii) There may be no more than one parallel nonaccess
controlled facility in the same corridor as a freeway or limited
access facility as designated by the metropolitan planning
organization.
(f) When there is a choice of two or more routes between
population centers, the state route designation shall normally
be based on the following considerations:
(i) The ability to handle higher traffic volumes;
(ii) The higher ability to accommodate further development or expansion along the existing alignment;
(iii) The most direct route and the lowest travel time;
(iv) The route that serves traffic with the most interstate,
statewide, and interregional significance;
[Title 47 RCW—page 76]
(v) The route that provides the optimal spacing between
other state routes; and
(vi) The route that best serves the comprehensive plan
for community development in those areas where such a plan
has been developed and adopted.
(g) A route designated in chapter 47.39 RCW as a scenic
and recreational highway may be designated as a state highway in addition to a parallel state highway route. [1993 c 430
§ 1; 1990 c 233 § 1.]
47.17.005 State route No. 2. A state highway to be
known as state route number 2 is established as follows:
Beginning at a junction with state route number 5 in
Everett, thence easterly by way of Monroe, Stevens Pass, and
Leavenworth to a junction with state route number 97 in the
vicinity of Peshastin; also
From a junction with state route number 97 in the vicinity of Peshastin, thence easterly by way of Wenatchee, to a
junction with state route number 97 in the vicinity of Orondo,
thence easterly by way of Waterville, Wilbur, and Davenport
to a junction with state route number 90 in the vicinity west
of Spokane; also
Beginning at a junction with state route number 90 at
Spokane, thence northerly to a junction with state route number 395 in the vicinity north of Spokane; also
From a junction with state route number 395 in the vicinity north of Spokane, thence northerly to a junction with state
route number 20 at Newport; also
From a junction with state route number 20 at Newport,
thence easterly to the Washington-Idaho boundary line.
[1997 c 155 § 1; 1987 c 199 § 1; 1970 ex.s. c 51 § 2.]
47.17.005
Purpose—1970 ex.s. c 51: "This act is intended to assign state route
numbers to existing state highways duly established by prior legislative act
in lieu of primary state highway numbers and secondary state highway numbers. Nothing contained herein is intended to add any new section of highway to the state highway system or delete any section of highway from the
state highway system." [1970 ex.s. c 51 § 179.]
47.17.010 State route No. 3. A state highway to be
known as state route number 3 is established as follows:
Beginning at a junction with state route number 101 at
Shelton, thence northeasterly to a junction with state route
number 302 at Allyn; also
From that junction with state route number 302 at Allyn,
thence northeasterly to a junction with state route number
106 in the vicinity of Belfair; also
From that junction with state route number 106 in the
vicinity of Belfair, thence northeasterly by the most feasible
route to Bremerton, thence northerly and easterly by the most
feasible route in the vicinity of Poulsbo to a junction with
state route number 104 in the vicinity of Port Gamble. [1970
ex.s. c 51 § 3.]
47.17.010
47.17.015 State route No. 4. A state highway to be
known as state route number 4 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of a location known as Johnson’s Landing, in
Pacific county, thence southeasterly by the most feasible
route by way of Kelso to a junction with state route number
5. [1970 ex.s. c 51 § 4.]
47.17.015
(2008 Ed.)
State Highway Routes
47.17.020 State route No. 5—Washington green
highway. A state highway to be known as state route number
5, and designated as a Washington green highway, is established as follows:
Beginning at the Washington-Oregon boundary line on
the interstate bridge over the Columbia river at Vancouver,
thence northerly by way of Kelso, Chehalis, Centralia, Olympia, Tacoma, Seattle, Everett and Mt. Vernon, thence northwesterly to the east of Lake Samish, thence northeasterly and
northerly by way of Bellingham to the international boundary
line in the vicinity of Blaine in Whatcom county. [2007 c 348
§ 405; 1970 ex.s. c 51 § 5.]
47.17.020
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
47.17.025 State route No. 6. A state highway to be
known as state route number 6 is established as follows:
Beginning at a junction with state route number 101 at
Raymond, thence easterly by the most feasible route to a
junction with state route number 5 at Chehalis. [1970 ex.s. c
51 § 6.]
47.17.025
47.17.030 State route No. 7. A state highway to be
known as state route number 7 is established as follows:
Beginning at a junction with state route number 12 in the
vicinity of Morton, thence northerly to a junction with state
route number 706 at Elbe; also
From that junction with state route number 706 at Elbe,
thence northerly to a junction with state route number 5 at
Tacoma. [1970 ex.s. c 51 § 7.]
47.17.030
47.17.035 State route No. 8. A state highway to be
known as state route number 8 is established as follows:
Beginning at a junction with state route number 12 in the
vicinity of Elma, thence easterly to a junction with state route
number 101 west of Olympia. [1987 c 199 § 2; 1970 ex.s. c
51 § 8.]
47.17.035
47.17.040 State route No. 9. A state highway to be
known as state route number 9 is established as follows:
Beginning at a junction with state route number 522
north of Woodinville, thence northerly by way of Snohomish,
Arlington and Sedro Woolley to a junction with state route
number 542, in the vicinity of Deming; also
Beginning at a junction with state route number 542, in
the vicinity of Lawrence, thence northerly to the international
boundary at Sumas. [1970 ex.s. c 51 § 9.]
47.17.040
47.17.070
to a junction with state route number 5 at Bellingham. [1987
c 199 § 4; 1970 ex.s. c 51 § 11.]
47.17.055 State route No. 12. A state highway to be
known as state route number 12 is established as follows:
Beginning at a junction with state route number 101 at
Aberdeen, thence easterly by way of Montesano and Elma to
a junction with state route number 8 in the vicinity of Elma;
also
From that junction with state route number 8 in the vicinity of Elma, thence southeasterly to a junction with state route
number 5 in the vicinity north of Centralia; also
Beginning at a junction with state route number 5 in the
vicinity south of Chehalis, thence easterly by way of Morton
and White Pass to a junction with state route number 410
northwest of Yakima; also
From that junction with state route number 410 northwest of Yakima, thence southeasterly to a junction with state
route number 82 at Yakima; also
Beginning at a junction with state route number 182 near
Pasco, thence southeasterly by the most feasible route by way
of Wallula to Walla Walla, thence northerly by way of Dayton to a junction with state route number 127 at Dodge; also
From that junction with state route number 127 in the
vicinity of Dodge, thence easterly by the most feasible route
by way of Pomeroy and Clarkston to the Washington-Idaho
boundary line. [1985 c 177 § 1; 1983 c 180 § 1; 1970 ex.s. c
51 § 12.]
47.17.055
47.17.060 State route No. 14. A state highway to be
known as state route number 14 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence easterly by way of Stevenson to a junction
with state route number 97 in the vicinity of Maryhill; also
Beginning at a junction with state route number 97 in the
vicinity of Maryhill, thence easterly along the north bank of
the Columbia river to a junction with state route number 82 in
the vicinity of Plymouth. [1985 c 177 § 2; 1970 ex.s. c 51 §
13.]
47.17.060
47.17.065 State route No. 16. A state highway to be
known as state route number 16 is established as follows:
Beginning at a junction with state route number 5 at
Tacoma, thence northwesterly by way of the Tacoma Narrows Bridge to a junction with state route number 3 in the
vicinity of Gorst. [1987 c 199 § 5; 1973 1st ex.s. c 151 § 1;
1970 ex.s. c 51 § 14.]
47.17.065
47.17.070 State route No. 17. A state highway to be
known as state route number 17 is established as follows:
Beginning at a junction with state route number 395 in
the vicinity of Mesa, thence northwesterly by way of the
vicinity of Moses Lake, and Soap Lake, to a junction with
state route number 2 west of Coulee City; also
From a junction with state route number 2 in the vicinity
west of Coulee City, thence northerly by way of the vicinity
of Leahy, crossing the Columbia river in the vicinity of
Bridgeport, thence northwesterly to a junction with state
route number 97 east of Brewster. [1979 ex.s. c 33 § 1; 1970
ex.s. c 51 § 15.]
47.17.070
47.17.045 State route No. 10. A state highway to be
known as state route number 10 is established as follows:
Beginning at a junction with state route number 970 at
Teanaway junction thence easterly to a junction with state
route number 97 west of Ellensburg. [1987 c 199 § 3; 1975 c
63 § 14; 1971 ex.s. c 73 § 1; 1970 ex.s. c 51 § 10.]
47.17.045
47.17.050 State route No. 11. A state highway to be
known as state route number 11 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Burlington, thence northerly by way of Blanchard
47.17.050
(2008 Ed.)
[Title 47 RCW—page 77]
47.17.075
Title 47 RCW: Public Highways and Transportation
47.17.075 State route No. 18. A state highway to be
known as state route number 18 is established as follows:
Beginning at a junction with state route number 99 in the
vicinity of northeast Tacoma, thence northeasterly by way of
Auburn to a junction with state route number 90 west of
North Bend. [1987 c 199 § 6; 1970 ex.s. c 51 § 16.]
47.17.075
47.17.077 State route No. 19. A state highway to be
known as state route number 19 is established as follows:
Beginning at a junction with state route number 104,
thence northerly to a junction with state route number 20 near
Old Fort Townsend state park. [1991 c 342 § 1.]
47.17.077
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.080 State route No. 20. A state highway to be
known as state route number 20 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of Discovery Bay, thence northeasterly via the
most feasible route to Port Townsend; also
From the state ferry terminal at Port Townsend via the
state ferry system northeasterly to the state ferry terminal at
Keystone; also
From the Keystone ferry dock on Whidbey Island,
thence northeasterly by the most feasible route by way of
Deception Pass, Burlington, Sedro Woolley, Concrete,
Newhalem, Winthrop, Twisp, Okanogan, Tonasket, Republic, Kettle Falls, Colville, and Tiger; thence southerly and
southeasterly to a junction with state route number 2 at Newport. [1994 c 209 § 1; 1973 1st ex.s. c 151 § 13; 1970 ex.s. c
51 § 17.]
47.17.080
47.17.081 State route No. 20 north. A state highway
to be known as state route number 20 north is established as
follows:
Beginning at a junction with state route number 20 in the
vicinity southeast of Anacortes, thence northwesterly to the
state ferry terminal at Anacortes; also
From the state ferry terminal at Anacortes via the state
ferry system to the state ferry terminals at Lopez Island,
Shaw Island, Orcas Island, and Friday Harbor. [1994 c 209 §
2; 1973 1st ex.s. c 151 § 17.]
47.17.081
47.17.085 State route No. 21. A state highway to be
known as state route number 21 is established as follows:
Beginning at a junction with state route number 260 in
Kahlotus, thence northerly by the most feasible route, crossing state route number 26, and continuing northerly to a junction with state route number 395 in the vicinity of Lind; also
Beginning at a junction with state route number 395 in
the vicinity of Lind, thence northerly by the most feasible
route by way of Odessa to a junction with state route number
2 in the vicinity west of Wilbur; also
Beginning at a junction with state route number 2 at Wilbur, thence northerly by the most feasible route to a junction
with state route number 20 at Republic; also
Beginning at a junction with state route number 20 east
of Republic, thence northeasterly by the most feasible route
to the east of Curlew lake by way of Curlew to the international boundary line in the vicinity of Danville. [1983 c 79 §
1; 1975 c 63 § 1; 1970 ex.s. c 51 § 18.]
47.17.085
[Title 47 RCW—page 78]
47.17.090 State route No. 22. A state highway to be
known as state route number 22 is established as follows:
Beginning at a junction with state route number 82,
thence southerly to a junction of state route number 97 in the
vicinity of Toppenish; also
From a junction with state route number 97 at Toppenish, thence southeasterly by way of Mabton to a junction with
state route number 82 at Prosser. [1987 c 199 § 7; 1970 ex.s.
c 51 § 19.]
47.17.090
47.17.095 State route No. 23. A state highway to be
known as state route number 23 is established as follows:
Beginning at a junction with state route number 195 in
the vicinity north of Colfax, thence northwesterly to a junction with state route number 90 at Sprague; also
From that junction with state route number 90 at Sprague, thence northwesterly to a junction with state route number 28 at Harrington. [1987 c 199 § 8; 1970 ex.s. c 51 § 20.]
47.17.095
47.17.100 State route No. 24. A state highway to be
known as state route number 24 is established as follows:
Beginning at a junction with state route number 82 at
Yakima, thence easterly and northerly via Cold Creek and
Vernita to a junction with state route number 26 in the vicinity of Othello. [1970 ex.s. c 51 § 21.]
47.17.100
47.17.105 State route No. 25. A state highway to be
known as state route number 25 is established as follows:
Beginning at a junction with state route number 2 at
Davenport, thence northerly by the most feasible route to a
junction with state route number 395 in the vicinity of Kettle
Falls, thence northeasterly by the most feasible route to international boundary line. [1970 ex.s. c 51 § 22.]
47.17.105
47.17.110 State route No. 26. A state highway to be
known as state route number 26 is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of the east end of the Vantage bridge, thence southerly, parallel to the east bank of the Columbia river for a distance of approximately two and one-half miles, thence southeasterly to the vicinity of Othello, thence easterly to a junction with state route number 395, thence easterly by way of
the vicinity of Washtucna and Dusty to a junction with state
route number 195 in the vicinity of Colfax. [1979 ex.s. c 33
§ 2; 1970 ex.s. c 51 § 23.]
47.17.110
47.17.115 State route No. 27. A state highway to be
known as state route number 27 is established as follows:
Beginning at a junction with state route number 195 in
the vicinity of Pullman, thence northerly to a junction with
state route number 271 in the vicinity of Oakesdale; also
From a junction with state route number 271 at Oakesdale, thence northerly by way of Tekoa, Latah, Fairfield, and
Rockford to a junction with state route number 290 in the
vicinity of Millwood. [1991 c 342 § 2; 1979 ex.s. c 195 § 1;
1975 c 63 § 2; 1970 ex.s. c 51 § 24.]
47.17.115
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.120 State route No. 28. A state highway to be
known as state route number 28 is established as follows:
47.17.120
(2008 Ed.)
State Highway Routes
Beginning at a junction with state route number 2 in the
vicinity east of Wenatchee, thence southeasterly to a junction
with state route number 281 at Quincy; also
From that junction with state route number 281 at
Quincy, thence easterly by way of Ephrata and Odessa to a
junction with state route number 2 at Davenport. [1970 ex.s.
c 51 § 25.]
47.17.130 State route No. 31. A state highway to be
known as state route number 31 is established as follows:
Beginning at a junction with state route number 20 at
Tiger, thence northerly by way of Metaline Falls to the international boundary. [1973 1st ex.s. c 151 § 14; 1970 ex.s. c 51
§ 27.]
47.17.160
Interstate 90 be renamed in their honor, to become the westernmost portion
of a memorial highway reaching across the United States." [1991 c 56 § 1.]
47.17.145 State route No. 92. A state highway to be
known as state route number 92 is established as follows:
Beginning at a junction with state route number 9 northeast of Everett, thence northeasterly by the most feasible
route to Granite Falls. [1970 ex.s. c 51 § 30.]
47.17.145
47.17.130
47.17.132 State route No. 35. A state highway to be
known as state route number 35 is established as follows:
Beginning at the Washington-Oregon boundary line
thence northerly to a junction with state route number 14 in
the vicinity of White Salmon. [2006 c 334 § 41; 1997 c 308
§ 1.]
47.17.132
Effective date—2006 c 334: See note following RCW 47.01.051.
47.17.133 State route No. 41. A state highway to be
known as state route number 41 is established as follows:
Beginning at a junction with state route number 2 in
Newport, thence southerly along the Washington-Idaho
boundary line to Fourth Street in Newport. [1997 c 155 § 2.]
47.17.133
47.17.135 State route No. 82—Washington green
highway. A state highway to be known as state route number
82, and designated as a Washington green highway, is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of Ellensburg, thence southerly and easterly by way
of Yakima, Union Gap, Sunnyside, Prosser, Kiona, and
Goose Gap west of Richland, thence southeasterly near Kennewick and southwesterly by way of the vicinity of Plymouth
to a crossing of the Columbia river at the Washington-Oregon boundary line. [2007 c 348 § 406; 1979 ex.s. c 33 § 3;
1970 ex.s. c 51 § 28.]
47.17.135
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
47.17.140 State route No. 90—American Veterans
Memorial Highway—Washington green highway. A state
highway to be known as state route number 90, and designated as the American Veterans Memorial Highway as well
as a Washington green highway, is established as follows:
Beginning at a junction with state route number 5,
thence, via the west approach to the Lake Washington bridge
in Seattle, in an easterly direction by way of Mercer Island,
North Bend, Snoqualmie pass, Ellensburg, Vantage, Moses
Lake, Ritzville, Sprague and Spokane to the WashingtonIdaho boundary line. [2007 c 348 § 407; 1991 c 56 § 2; 1971
ex.s. c 73 § 2; 1970 ex.s. c 51 § 29.]
47.17.140
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
Purpose—1991 c 56: "In order to create a great memorial and tribute
to American veterans, it is proposed that the Washington state portion of
(2008 Ed.)
47.17.153 State route No. 96. A state highway to be
known as state route number 96 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Everett, thence easterly to a junction with
state route number 9 in the vicinity of Ree’s Corner. [1991 c
342 § 3.]
47.17.153
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.155 State route No. 97. A state highway to be
known as state route number 97 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge across the Columbia river at Biggs Rapids,
thence in a northerly direction to the junction with state route
number 14 in the vicinity of Maryhill, thence in a northerly
direction by way of Goldendale, thence northeasterly by way
of Satus Pass to a junction with state route number 22 at Toppenish, thence northwesterly south of the Yakima river to a
junction with state route number 82 at Union Gap; also
Beginning at a junction with state route number 90 in the
vicinity of Ellensburg, thence northeasterly by way of Swauk
Pass to a junction with state route number 2 in the vicinity of
Peshastin; also
Beginning at a junction with state route number 2 in the
vicinity north of Orondo, thence northerly by way of the
vicinities of Chelan, Pateros, Brewster, Okanogan, and
Oroville to the international boundary line. [1987 c 199 § 9;
1984 c 7 § 131; 1975 c 63 § 3; 1973 1st ex.s. c 151 § 2; 1970
ex.s. c 51 § 32.]
47.17.155
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.157 State route No. 97-alternate. A state highway to be known as state route number 97-alternate is established as follows:
Beginning at a junction with state route number 2 in the
vicinity of Olds, thence northerly by way of Entiat to a junction with state route number 97 in the vicinity east of Chelan.
[1987 c 199 § 10.]
47.17.157
47.17.160 State route No. 99. A state highway to be
known as state route number 99 is established as follows:
Beginning at a junction with state route number 18 in the
vicinity of Federal Way, thence northerly by way of Midway,
to a junction with state route 518 in Tukwila; also
Beginning at a junction with state route number 599 in
the vicinity of Tukwila, thence northerly by way of Seattle,
Edmonds, and Lynnwood to a junction with state route number 5 in Everett: PROVIDED, That until state route number
509 is constructed and opened to traffic on an anticipated ultimate alignment from a junction with state route number 705
in Tacoma via the Port of Tacoma industrial area to a junction
with state route number 18 in the vicinity of Federal Way that
47.17.160
[Title 47 RCW—page 79]
47.17.163
Title 47 RCW: Public Highways and Transportation
portion of state route number 99 between state route number
5 at Fife and state route number 18 in the vicinity of Federal
Way shall remain on the state highway system. [2004 c 205
§ 1; 1979 ex.s. c 33 § 4; 1971 ex.s. c 73 § 3; 1970 ex.s. c 51 §
33.]
47.17.163 State route No. 100. A state highway to be
known as state route number 100 is established as follows:
Beginning at a junction with state route number 101 in
Ilwaco, thence westerly and southerly to Fort Canby state
park; also
Beginning at a junction with state route number 100 in
Ilwaco, thence southerly to Fort Canby state park. [1991 c
342 § 4.]
47.17.163
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.165 State route No. 101. A state highway to be
known as state route number 101 is established as follows:
Beginning at the Oregon boundary on the interstate
bridge at Point Ellis, thence northwesterly by way of Ilwaco
to a junction with state route number 4 in the vicinity of a
location known as Johnson’s Landing in Pacific county; also
From that junction with state route number 4 in the vicinity of a location known as Johnson’s Landing, in Pacific
county, thence northerly by way of South Bend to a junction
with state route number 6 at Raymond; also
From that junction with state route number 6 at Raymond, thence northerly by way of Cosmopolis to a junction
with state route number 12 at Aberdeen; also
From that junction with state route number 12 at Aberdeen, thence westerly to Hoquiam, thence northwesterly by
way of Lake Quinault to Forks, thence easterly by way of
Port Angeles to the vicinity of Discovery Bay, thence southerly by way of Shelton to a junction with state route number
5 in the vicinity west of Olympia; also
Beginning at a junction with state route number 101 in
the vicinity east of Ilwaco, thence northerly to a junction with
state route number 101 in the vicinity northeast of Ilwaco.
[1987 c 199 § 11; 1970 ex.s. c 51 § 34.]
47.17.165
47.17.168 State route No. 102. A state highway to be
known as state route number 102 is established as follows:
Beginning at the Washington Corrections Center, thence
northeasterly to a junction of state route number 101 north of
Shelton.
Before award of any construction contract for improvements to state route number 102 under either program A or
program C, the department of transportation shall secure a
portion of the construction cost from Mason county. [1984 c
197 § 1.]
47.17.168
47.17.170 State route No. 103. A state highway to be
known as state route number 103 is established as follows:
Beginning at a junction with state route number 101 at
Seaview, thence northerly by way of Long Beach to Leadbetter Point state park. [1991 c 342 § 5; 1970 ex.s. c 51 § 35.]
Beginning at a junction with state route number 101 in
the vicinity south of Discovery Bay, thence southeasterly to
the vicinity of Shine on Hood Canal, thence crossing Hood
Canal to a junction with state route number 3 in the vicinity
of Port Gamble; also
From that junction with state route number 3 in the vicinity of Port Gamble, thence to Port Gamble, thence southerly
and easterly to the state ferry terminal at Kingston; also
From the state ferry terminal at Kingston via the state
ferry system easterly to the state ferry terminal at Edmonds;
also
From the state ferry terminal at Edmonds, thence southeasterly to a junction with state route number 99 in the vicinity of the Snohomish-King county line; also
Beginning at a junction with state route number 99 in the
vicinity of the Snohomish-King county line, thence southeasterly to a junction with state route number 522 in the
vicinity of Lake Forest Park. [1994 c 209 § 3; 1970 ex.s. c 51
§ 36.]
47.17.180 State route No. 105. A state highway to be
known as state route number 105 is established as follows:
Beginning at a junction with state route number 101 at
Raymond, thence westerly by way of Tokeland and North
Cove to the shore of Grays Harbor north of Westport; also
Beginning at a junction with state route number 105 in
the vicinity south of Westport, thence northeasterly to a junction with state route number 101 at Aberdeen. [1987 c 199 §
12; 1970 ex.s. c 51 § 37.]
47.17.180
47.17.185 State route No. 106. A state highway to be
known as state route number 106 is established as follows:
Beginning at a junction with state route number 101 near
the mouth of the Skokomish river, thence northeasterly along
the southeast shore of Hood Canal to a junction with state
route number 3 in the vicinity of Belfair. [1970 ex.s. c 51 §
38.]
47.17.185
47.17.190 State route No. 107. A state highway to be
known as state route number 107 is established as follows:
Beginning at a junction with state route number 101
north of Artic, thence northeasterly to a junction with state
route number 12 at Montesano. [1970 ex.s. c 51 § 39.]
47.17.190
47.17.195 State route No. 108. A state highway to be
known as state route number 108 is established as follows:
Beginning at a junction with state route number 8 in the
vicinity west of McCleary, thence northeasterly to a junction
with state route number 101 south of Shelton. [1973 1st ex.s.
c 151 § 3; 1970 ex.s. c 51 § 40.]
47.17.195
47.17.170
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.175 State route No. 104. A state highway to be
known as state route number 104 is established as follows:
47.17.175
[Title 47 RCW—page 80]
47.17.200 State route No. 109. A state highway to be
known as state route number 109 is established as follows:
Beginning at a junction with state route number 101 in
Hoquiam, thence northwesterly by way of Ocean City, Copalis, Pacific Beach, and Moclips to a junction with state route
number 101 in the vicinity of Queets; also a bypass beginning
at a junction with state route number 101 in the vicinity of the
north city limits of Hoquiam, thence southerly to a junction
47.17.200
(2008 Ed.)
State Highway Routes
with state route number 109 in the vicinity of the west city
limits of Hoquiam. [1983 c 180 § 2; 1970 ex.s. c 51 § 41.]
Quinault Tribal Highway: RCW 47.20.710.
47.17.212 State route No. 110. A state highway to be
known as state route number 110 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity north of Forks, thence westerly to the Olympic
national park boundary in the vicinity of La Push; also
Beginning at a junction with state route number 110 near
the Quillayute river, thence westerly to the Olympic national
park boundary in the vicinity of Moro. [1991 c 342 § 6.]
47.17.212
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.255
Beginning at a junction with state route number 5 in the
vicinity of Maytown, thence easterly, northerly, and westerly
by way of Millersylvania state park to a junction with state
route number 5 south of Tumwater. [1991 c 342 § 11; 1970
ex.s. c 51 § 46.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.227 State route No. 122. A state highway to be
known as state route number 122 is established as follows:
Beginning at a junction with state route number 12 near
Mayfield dam, thence northeasterly and southerly by way of
Mayfield to a junction with state route number 12 in Mossyrock. [1991 c 342 § 12.]
47.17.227
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.215 State route No. 112. A state highway to be
known as state route number 112 is established as follows:
Beginning at the easterly boundary of the Makah Indian
Reservation, thence easterly by way of Clallam Bay and
Pysht to a junction with state route number 101 in or near Port
Angeles. [1971 ex.s. c 73 § 5; 1970 ex.s. c 51 § 44.]
47.17.215
47.17.216 State route No. 113. A state highway to be
known as state route number 113 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of Sappho, thence northerly to a junction with
state route number 112 in the vicinity of the Pysht River.
[1991 c 342 § 7.]
47.17.230 State route No. 123. A state highway to be
known as state route number 123 is established as follows:
Beginning at a junction with state route number 12 in the
vicinity west of White Pass, thence northerly to a junction
with state route number 410 in the vicinity west of Chinook
Pass. [1970 ex.s. c 51 § 47.]
47.17.230
47.17.216
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.217 State route No. 115. A state highway to be
known as state route number 115 is established as follows:
Beginning at Ocean Shores thence in an easterly and
northerly direction by the most feasible route to a junction
with state route number 109 in the vicinity south of Ocean
City. [1973 c 60 § 1.]
47.17.217
47.17.219 State route No. 116. A state highway to be
known as state route number 116 is established as follows:
Beginning at a junction with state route number 19 in the
vicinity of Irondale, thence easterly and northerly to Fort Flagler state park. [1991 c 342 § 8.]
47.17.219
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.221 State route No. 117. A state highway to be
known as state route number 117 is established as follows:
Beginning at a junction with state route number 101 in
Port Angeles, thence northerly to the port of Port Angeles at
Marine Drive. [1991 c 342 § 9.]
47.17.221
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.223 State route No. 119. A state highway to be
known as state route number 119 is established as follows:
Beginning at a junction with state route number 101 near
Hoodsport, thence northwesterly to the Mount Rose development intersection. [1991 c 342 § 10.]
47.17.223
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.225 State route No. 121. A state highway to be
known as state route number 121 is established as follows:
47.17.225
(2008 Ed.)
47.17.235 State route No. 124. A state highway to be
known as state route number 124 is established as follows:
Beginning at a junction with state route number 12 in the
vicinity of Burbank, thence northeasterly by the most feasible
route to a point in the vicinity of Eureka, thence easterly by
the most feasible route to a junction with state route number
125 in the vicinity of Prescott, thence easterly to a junction
with state route number 12 in the vicinity northeast of Waitsburg.
That portion of state route number 124 lying between the
junction with state route number 12 and the county road to
Ice Harbor Dam to be known as "Ice Harbor Drive". [1973
1st ex.s. c 151 § 4; 1970 ex.s. c 51 § 48.]
47.17.235
47.17.240 State route No. 125. A state highway to be
known as state route number 125 is established as follows:
Beginning at the Washington-Oregon boundary line
south of Walla Walla, thence northerly to a junction with
state route number 12 at Walla Walla; also
From a junction with state route number 12 at Walla
Walla, thence northerly to a junction with state route number
124 at Prescott. [1979 ex.s. c 33 § 5; 1970 ex.s. c 51 § 49.]
47.17.240
47.17.250 State route No. 127. A state highway to be
known as state route number 127 is established as follows:
Beginning at a junction with state route number 12 in the
vicinity of Dodge, thence northerly to a junction with state
route number 26 in the vicinity of Dusty. [1979 ex.s. c 33 §
6; 1970 ex.s. c 51 § 51.]
47.17.250
47.17.255 State route No. 128. A state highway to be
known as state route number 128 is established as follows:
Beginning at a junction with state route number 12 in
Clarkston, thence northeasterly and easterly by way of the
Red Wolf crossing to the Idaho state line. [1991 c 342 § 13;
1990 c 108 § 1; 1970 ex.s. c 51 § 52.]
47.17.255
Effective dates—1991 c 342: See note following RCW 47.26.167.
[Title 47 RCW—page 81]
47.17.260
Title 47 RCW: Public Highways and Transportation
47.17.260 State route No. 129. A state highway to be
known as state route number 129 is established as follows:
Beginning at the Washington-Oregon boundary line in
Asotin county, thence northerly by the most feasible route by
way of Asotin to a junction with state route number 12 at
Clarkston. [1970 ex.s. c 51 § 53.]
47.17.260
47.17.262 State route No. 131. A state highway to be
known as state route number 131 is established as follows:
Beginning at the Gifford Pinchot national forest boundary south of Randle, thence northerly to a junction with state
route number 12 in Randle. [1991 c 342 § 14.]
47.17.262
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.275 State route No. 141. A state highway to be
known as state route number 141 is established as follows:
Beginning at a wye junction with state route number 14,
the west branch in the vicinity east of Underwood and the
east branch in the vicinity of White Salmon, thence northerly
to the boundary of the Gifford Pinchot National Forest.
[1970 ex.s. c 51 § 56.]
47.17.275
47.17.280 State route No. 142. A state highway to be
known as state route number 142 is established as follows:
Beginning at a junction with state route number 14 in the
vicinity of Lyle, thence northeasterly by way of Klickitat to a
junction with state route number 97 in the vicinity of Goldendale. [1970 ex.s. c 51 § 57.]
47.17.280
47.17.285 State route No. 150. A state highway to be
known as state route number 150 is established as follows:
Beginning at Manson, thence southeasterly to the north
of Lake Chelan to a junction with state route number 97-alternate at Chelan.
Also beginning at a junction with state route number 97alternate at Chelan southerly to a junction with state route
number 97 in the vicinity of Chelan Station. [1987 c 199 §
13; 1970 ex.s. c 51 § 58.]
47.17.285
47.17.295 State route No. 153. A state highway to be
known as state route number 153 is established as follows:
Beginning at a junction with state route number 97 in the
vicinity of Pateros, thence northerly and westerly by the most
feasible route to a junction with state route number 20 in the
vicinity south of Twisp. [1970 ex.s. c 51 § 60.]
47.17.295
47.17.300 State route No. 155. A state highway to be
known as state route number 155 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Coulee City, thence northeasterly to the
boundary of the federal reservation at the Grand Coulee dam;
also
Beginning at the boundary of the federal reservation at
the Grand Coulee dam, thence northwesterly by the most feasible route by way of Nespelem and Disautel to a junction
with state route number 97 at Omak; also
Beginning at a junction with state route number 155 at
Omak, thence northwesterly crossing the Okanogan river to a
junction with state route number 215 at Omak. [1975 c 63 §
4; 1970 ex.s. c 51 § 61.]
47.17.300
[Title 47 RCW—page 82]
47.17.305 State route No. 160. A state highway to be
known as state route number 160 is established as follows:
Beginning at a junction with state route number 16 in the
vicinity south of Port Orchard, thence easterly on Sedgwick
Road to the Washington state ferry dock at Point Southworth;
also
From the state ferry terminal at Point Southworth via the
state ferry system easterly to the state ferry terminal at Vashon Heights; also
From the state ferry terminal at Vashon Heights easterly
via the state ferry system to the state ferry terminal at
Fauntleroy. [1994 c 209 § 4; 1993 c 430 § 2; 1970 ex.s. c 51
§ 62; (1991 c 342 § 15 repealed by 1992 c 166 § 31).]
47.17.305
47.17.310 State route No. 161. A state highway to be
known as state route number 161 is established as follows:
Beginning at a junction with state route number 7 in the
vicinity of La Grande, thence northeasterly via Eatonville to
Puyallup, thence northerly to a junction with state route number 18.
That portion of state route 161 within King county shall
be designated Enchanted Parkway. [1987 c 520 § 1; 1971
ex.s. c 73 § 6; 1970 ex.s. c 51 § 63.]
47.17.310
47.17.315 State route No. 162. A state highway to be
known as state route number 162 is established as follows:
Beginning at a junction with state route number 410 at
Sumner, thence southerly to Orting, thence northeasterly to a
junction with state route number 165 in the vicinity south of
Buckley. [1975 c 63 § 5; 1971 ex.s. c 73 § 7; 1970 ex.s. c 51
§ 64.]
47.17.315
47.17.317 State route No. 163. A state highway to be
known as state route number 163 is established as follows:
Beginning at a junction with state route number 16 in
Tacoma, thence northerly to the Point Defiance ferry terminal; also
From the state ferry terminal at Point Defiance via the
state ferry system northerly to the state ferry terminal at Tahlequah. [1994 c 209 § 5; 1991 c 342 § 16.]
47.17.317
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.320 State route No. 164. A state highway to be
known as state route number 164 is established as follows:
Beginning at a junction with state route number 18 in the
vicinity of Auburn, thence southeasterly to a junction with
state route number 410 at Enumclaw. [1987 c 199 § 14; 1970
ex.s. c 51 § 65.]
47.17.320
47.17.325 State route No. 165. A state highway to be
known as state route number 165 is established as follows:
Beginning at the northwest entrance to Mt. Rainier
National Park, thence northerly to a junction with state route
number 410 at Buckley. [1970 ex.s. c 51 § 66.]
47.17.325
47.17.328 State route No. 166. A state highway to be
known as state route number 166 is established as follows:
Beginning at a junction with state route number 16 in the
vicinity west of Port Orchard, thence northeasterly to the
eastern Port Orchard city limits. [1993 c 430 § 3.]
47.17.328
(2008 Ed.)
State Highway Routes
47.17.330 State route No. 167. A state highway to be
known as state route number 167 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Tacoma, thence easterly by way of the vicinity of
Puyallup and Sumner, thence northerly by way of the vicinity
of Auburn and Kent to a junction with state route number 900
in the vicinity of Renton. [1991 c 342 § 17; 1979 ex.s. c 33 §
8; 1970 ex.s. c 51 § 67.]
47.17.330
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.335 State route No. 168. A state highway to be
known as state route number 168 is established as follows:
Beginning at a junction with state route number 410 in
the vicinity of the junction of the Greenwater and White rivers, thence easterly to a junction with state route number 410
in the vicinity north of Cliffdell. [1970 ex.s. c 51 § 68.]
47.17.382
Beginning at a junction with state route number 17 east
of Bridgeport, thence easterly to the boundary of the federal
reservation at Grand Coulee dam; also
Beginning at a junction with state route number 155 at
Grand Coulee, thence southeasterly to a junction with state
route number 21 in the vicinity north of Wilbur; also
A spur beginning at a junction with state route number
174 in the vicinity of the boundary of the federal reservation
at the Grand Coulee dam and extending to Crown Point.
[1987 c 199 § 15; 1970 ex.s. c 51 § 74.]
47.17.335
47.17.340 State route No. 169. A state highway to be
known as state route number 169 is established as follows:
Beginning at a junction with state route number 164 at
Enumclaw, thence northwesterly by way of Summit to a
junction with state route number 900 in the vicinity of
Renton. [1971 ex.s. c 73 § 8; 1970 ex.s. c 51 § 69.]
47.17.340
47.17.370 State route No. 181. A state highway to be
known as state route number 181 is established as follows:
Beginning at a junction with state route number 516 in
the vicinity of Kent, thence northerly to a junction with state
route number 405 in the vicinity of Tukwila. [1991 c 342 §
18; 1979 ex.s. c 192 § 4; 1971 ex.s. c 73 § 9; 1970 ex.s. c 51
§ 75.]
47.17.370
Effective dates—1991 c 342: See note following RCW 47.26.167.
Effective dates—1979 ex.s. c 192: "Section 6 of this 1979 act shall take
effect July 1, 1980. Sections 1 through 5 of this 1979 act are necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1979." [1979 ex.s. c 192 § 7.]
47.17.372 State route No. 182. A state highway to be
known as state route number 182 is established as follows:
Beginning at a junction with state route number 82 in the
vicinity of Goose Gap, thence easterly via Richland to a junction with state route number 395 in the vicinity of Pasco.
[1979 ex.s. c 33 § 9; 1971 ex.s. c 73 § 10.]
47.17.372
47.17.345 State route No. 170. A state highway to be
known as state route number 170 is established as follows:
Beginning at a junction with state route number 17 west
of Warden, thence easterly to Warden. [1970 ex.s. c 51 § 70.]
47.17.345
47.17.350 State route No. 171. A state highway to be
known as state route number 171 is established as follows:
Beginning at a junction with state route number 90 west
of Moses Lake, thence northeasterly by way of Moses Lake
to a junction with state route number 28 in the vicinity west
of Odessa. Until such time as state route number 171 is actually constructed on the location adopted by the department,
no existing county roads may be maintained or improved by
the department as a temporary route of state route number
171. [1984 c 7 § 132; 1970 ex.s. c 51 § 71.]
47.17.350
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.355 State route No. 172. A state highway to be
known as state route number 172 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity of Waterville, thence northerly and easterly by the
most feasible route by way of Mansfield to a junction with
state route number 17 in the vicinity of Leahy. [1970 ex.s. c
51 § 72.]
47.17.355
47.17.360 State route No. 173. A state highway to be
known as state route number 173 is established as follows:
Beginning at a junction with state route number 17 at
Bridgeport thence northwesterly on the south side of the
Columbia river to a junction with state route number 97 in the
vicinity of Brewster. [1970 ex.s. c 51 § 73.]
47.17.360
47.17.365 State route No. 174. A state highway to be
known as state route number 174 is established as follows:
47.17.365
(2008 Ed.)
47.17.375 State route No. 193. A state highway to be
known as state route number 193 is established as follows:
Beginning at a junction with state route number 128 in
the vicinity of the Red Wolf crossing, thence westerly to the
port of Wilma. [1991 c 342 § 19; 1990 c 108 § 2; 1984 c 7 §
133; 1970 ex.s. c 51 § 76.]
47.17.375
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.377 State route No. 194. A state highway to be
known as state route number 194 is established as follows:
Beginning at the port of Almota, thence northerly and
easterly to a junction with state route number 195 in the
vicinity of Pullman. [1991 c 342 § 20.]
47.17.377
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.380 State route No. 195. A state highway to be
known as state route number 195 is established as follows:
Beginning at the Washington-Idaho boundary line southeast of Uniontown, thence northwesterly and northerly by
way of the vicinity of Pullman, Colfax, and Rosalia to a junction with state route number 90 at Spokane. [1979 ex.s. c 33
§ 10; 1970 ex.s. c 51 § 77.]
47.17.380
47.17.382 State route No. 197. A state highway to be
known as state route number 197 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge across the Columbia river in the vicinity of
47.17.382
[Title 47 RCW—page 83]
47.17.385
Title 47 RCW: Public Highways and Transportation
The Dalles, thence northerly to a junction with state route
number 14. [1979 ex.s. c 33 § 11; 1973 1st ex.s. c 151 § 6.]
tained or improved by the department as a temporary route.
[1984 c 7 § 134; 1973 1st ex.s. c 151 § 18.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.385 State route No. 202. A state highway to be
known as state route number 202 is established as follows:
Beginning at a junction with state route number 522 near
Bothell, thence southeasterly to a junction with state route
number 90 in the vicinity of North Bend. [1987 c 199 § 16;
1970 ex.s. c 51 § 78.]
47.17.385
47.17.390 State route No. 203. A state highway to be
known as state route number 203 is established as follows:
Beginning at a junction with state route number 202 at
Fall City, thence northerly by the most feasible route by way
of Duvall to a junction with state route number 2 at Monroe.
[1970 ex.s. c 51 § 79.]
47.17.419 State route No. 215. A state highway to be
known as state route number 215 is established as follows:
Beginning at a junction with state route number 20 in the
vicinity of Okanogan, thence northeasterly on the west side
of the Okanagan river to a junction with state route number
97 north of Omak. [1973 1st ex.s. c 151 § 19.]
47.17.419
47.17.390
47.17.395 State route No. 204. A state highway to be
known as state route number 204 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity east of Everett, thence northeasterly to a junction
with state route number 9. [1987 c 199 § 17; 1970 ex.s. c 51
§ 80.]
47.17.425 State route No. 221. A state highway to be
known as state route number 221 is established as follows:
Beginning at a junction with state route number 14 in the
vicinity of Patterson, thence northerly to a junction with state
route number 22 in the vicinity of Prosser. [1970 ex.s. c 51 §
86.]
47.17.425
47.17.395
47.17.400 State route No. 205. A state highway to be
known as state route number 205 is established as follows:
Beginning at the Washington-Oregon boundary line in
the vicinity east of Vancouver, thence northwesterly to a
junction with state route number 5 in the vicinity of Salmon
Creek, north of Vancouver. [1970 ex.s. c 51 § 81.]
47.17.400
47.17.405 State route No. 206. A state highway to be
known as state route number 206 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Mead, thence northeasterly to the entrance to
Mt. Spokane State Park. [1987 c 199 § 18; 1970 ex.s. c 51 §
82.]
47.17.405
47.17.410 State route No. 207. A state highway to be
known as state route number 207 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Winton, thence northerly to Lake Wenatchee
state park. [1991 c 342 § 21; 1970 ex.s. c 51 § 83.]
47.17.410
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.416 State route No. 211. A state highway to be
known as state route number 211 is established as follows:
Beginning at a junction with state route number 2 southwest of Newport, thence northerly by the most feasible route
by way of Sacheen Lake to a junction with state route number
20 at Usk. [1975 c 63 § 10.]
47.17.416
47.17.417 State route No. 213. A state highway to be
known as state route number 213 is established as follows:
Beginning at a junction with state route number 97 in the
vicinity of Malott, thence northeasterly to a junction with
state route number 20 southwest of Okanogan. Until such
time as this route is actually constructed on the location
adopted by the department, no county roads may be main47.17.417
[Title 47 RCW—page 84]
47.17.430 State route No. 223. A state highway to be
known as state route number 223 is established as follows:
Beginning at a junction with state route number 22 in the
vicinity southeast of Toppenish, thence easterly to a junction
with state route number 12 in the vicinity of Granger. The
establishment of state route number 223 as defined in this
section shall be effective July 1, 1965. [1970 ex.s. c 51 § 87.]
47.17.430
47.17.435 State route No. 224. A state highway to be
known as state route number 224 is established as follows:
Beginning at a junction with state route number 82 at
Kiona, thence northeasterly to a junction with state route
number 240 at Richland. [1987 c 199 § 19; 1970 ex.s. c 51 §
88.]
47.17.435
47.17.436 State route No. 225. A state highway to be
known as state route number 225 is established as follows:
Beginning at a junction with state route number 224 in
Kiona, thence northeasterly by way of Benton City to a junction with state route number 240 near Horn Rapids dam.
[1991 c 342 § 22.]
47.17.436
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.440 State route No. 230. A state highway to be
known as state route number 230 is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of Ritzville, thence easterly by the most feasible
route to a junction with state route number 23 in the vicinity
of Ewan. [1970 ex.s. c 51 § 89.]
47.17.440
47.17.445 State route No. 231. A state highway to be
known as state route number 231 is established as follows:
Beginning at a junction with state route number 23 in the
vicinity northwest of Sprague, thence northerly by way of
Edwall to a junction with state route number 2 in the vicinity
west of Reardan; also
Beginning at a junction with state route number 2 in the
vicinity of Reardan, thence northerly by way of Long Lake
across the Spokane river, thence northeasterly by way of
Springdale to a junction with state route number 395 in the
vicinity of Chewelah. [1970 ex.s. c 51 § 90.]
47.17.445
(2008 Ed.)
State Highway Routes
47.17.455 State route No. 240. A state highway to be
known as state route number 240 is established as follows:
Beginning at a junction with state route number 24 in the
vicinity east of Cold Creek, thence southeasterly by the most
feasible route across the Atomic Energy Commission Reservation to a junction with state route number 224 at Richland;
also
From that junction with state route number 224 at Richland, thence southerly to a junction with state route number
182 at Richland; also
From a junction with state route number 182 at Richland
southeasterly to a junction with state route number 395 at
Kennewick. The secretary may enter into negotiations with
appropriate federal agencies to secure right-of-way for the
highway over and across the Atomic Energy Commission
Reservation. [1985 c 177 § 3; 1984 c 7 § 135; 1970 ex.s. c 51
§ 92.]
47.17.455
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.460 State route No. 241. A state highway to be
known as state route number 241 is established as follows:
Beginning at a junction with state route number 22 in
Mabton, thence northerly and northeasterly by way of Sunnyside to a junction with state route number 24. [1991 c 342 §
23; 1987 c 199 § 20; 1970 ex.s. c 51 § 93.]
47.17.460
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.465 State route No. 243. A state highway to be
known as state route number 243 is established as follows:
Beginning at a junction with state route number 24 north
of its crossing of the Columbia river, thence westerly and
northerly by way of Arrowsmith and Beverly to a junction
with state route number 26 south of the Columbia river bridge
at Vantage. [1970 ex.s. c 51 § 94.]
47.17.465
47.17.475 State route No. 260. A state highway to be
known as state route number 260 is established as follows:
Beginning at a junction with state route number 17 west
of Connell, thence easterly to a junction with state route number 395 in the vicinity of Connell, thence northeasterly by
way of Kahlotus to a junction with state route number 26 at
Washtucna. [1970 ex.s. c 51 § 96.]
47.17.475
47.17.480 State route No. 261. A state highway to be
known as state route number 261 is established as follows:
Beginning at a junction with state route number 12 at
Delaney, thence northwesterly to a junction with state route
number 260 in the vicinity of McAdam; also
Beginning at a junction with state route number 26 at
Washtucna, thence northerly to a junction with state route
number 90 at Ritzville. [1987 c 199 § 21; 1971 ex.s. c 73 §
12; 1970 ex.s. c 51 § 97.]
47.17.505
47.17.482 State route No. 263. A state highway to be
known as state route number 263 is established as follows:
Beginning at the port of Windust, thence easterly and
northerly to a junction with state route number 260 in Kahlotus. [1991 c 342 § 25.]
47.17.482
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.485 State route No. 270. A state highway to be
known as state route number 270 is established as follows:
Beginning at a junction with state route number 195 at
Pullman, thence easterly by the most feasible route to a point
on the Washington-Idaho boundary line. [1970 ex.s. c 51 §
98.]
47.17.485
47.17.490 State route No. 271. A state highway to be
known as state route number 271 is established as follows:
Beginning at a junction with state route number 27 in the
vicinity of Oakesdale, thence northwesterly to a junction with
state route number 195 in the vicinity south of Rosalia. [1970
ex.s. c 51 § 99.]
47.17.490
47.17.495 State route No. 272. A state highway to be
known as state route number 272 is established as follows:
Beginning at a junction with state route number 195 at
Colfax, thence easterly to a junction with state route number
27 at Palouse; also
Beginning at a junction with state route number 27 at
Palouse, thence northeasterly by the most feasible route to a
point on the Washington-Idaho boundary line. [1970 ex.s. c
51 § 100.]
47.17.495
47.17.500 State route No. 274. A state highway to be
known as state route number 274 is established as follows:
Beginning at a junction with state route number 27 at
Tekoa, thence easterly to the Washington-Idaho boundary
line. [1970 ex.s. c 51 § 101.]
47.17.500
47.17.502 State route No. 276. A state highway to be
known as state route number 276 is established as follows:
Beginning at a junction with state route number 195 west
of Pullman, thence easterly and southeasterly to a junction
with state route number 270 east of Pullman. [1973 1st ex.s.
c 151 § 7.]
47.17.502
47.17.480
47.17.481 State route No. 262. A state highway to be
known as state route number 262 is established as follows:
Beginning at a junction with state route number 26 east
of Royal City, thence northerly and easterly to a junction with
state route number 17 west of Warden. [1991 c 342 § 24.]
47.17.481
Effective dates—1991 c 342: See note following RCW 47.26.167.
(2008 Ed.)
47.17.503 State route No. 278. A state highway to be
known as state route number 278 is established as follows:
Beginning at a junction with state route number 27 in
Rockford, thence easterly and southerly to the WashingtonIdaho boundary. [1991 c 342 § 26.]
47.17.503
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.505 State route No. 281. A state highway to be
known as state route number 281 is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of George, thence northerly to a junction with state
route number 28 at Quincy; also
Beginning at a junction with state route number 281 at a
point north of the above described junction on state route
number 90, thence in a southeasterly direction to a junction
with state route number 90 in the vicinity east of George,
47.17.505
[Title 47 RCW—page 85]
47.17.510
Title 47 RCW: Public Highways and Transportation
some 1.6 miles more or less, resulting in a wye connection
between state route number 281 and state route number 90.
[1971 ex.s. c 73 § 13; 1970 ex.s. c 51 § 102.]
number 16 in the vicinity of Purdy. [1987 c 199 § 22; 1970
ex.s. c 51 § 110.]
47.17.550 State route No. 303. A state highway to be
known as state route number 303 is established as follows:
Beginning at a junction with state route number 304 at
Bremerton, thence by way of the Warren Avenue bridge
across the Port Washington Narrows northerly to a junction
with state route number 3 in the vicinity north of Silverdale.
[1991 c 342 § 28; 1971 ex.s. c 73 § 14; 1970 ex.s. c 51 § 111.]
47.17.550
47.17.510 State route No. 282. A state highway to be
known as state route number 282 is established as follows:
Beginning at a junction with state route number 28 in the
vicinity of Ephrata, thence southeasterly to a junction with
state route number 17 in the vicinity of Rocky Ford creek.
[1970 ex.s. c 51 § 103.]
47.17.510
47.17.515 State route No. 283. A state highway to be
known as state route number 283 is established as follows:
Beginning at a junction with state route number 281 in
the vicinity of Burke Junction, thence northeasterly by the
most feasible route to a junction with state route number 28 in
the vicinity west of Ephrata. [1970 ex.s. c 51 § 104.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.515
47.17.517 State route No. 285. A state highway to be
known as state route number 285 is established as follows:
Beginning at a junction with state route number 28 in
East Wenatchee, thence westerly across the Columbia river
and northwesterly to a junction with state route number 2 in
Wenatchee. [1991 c 342 § 27; 1977 ex.s. c 224 § 1.]
47.17.517
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.520 State route No. 290. A state highway to be
known as state route number 290 is established as follows:
Beginning at a junction with state route number 90 in
Spokane, thence northeasterly by way of Millwood, Trentwood, and Newman Lake to the termination of Idaho state
highway number 53 at the Washington-Idaho boundary line.
[2005 c 14 § 1; 1977 ex.s. c 6 § 1; 1970 ex.s. c 51 § 105.]
47.17.520
47.17.525 State route No. 291. A state highway to be
known as state route number 291 is established as follows:
Beginning at a junction with state route number 2 in Spokane, thence northwesterly along the north bank of the Spokane river to the vicinity of Tumtum; and thence southwesterly along the north shore of Long Lake to a junction with
state route number 231 in the vicinity of the Little Falls Dam.
[1983 c 180 § 4; 1970 ex.s. c 51 § 106.]
47.17.525
47.17.556 State route No. 304. A state highway to be
known as state route number 304 is established as follows:
Beginning at a junction with state route number 3 in
Bremerton, thence easterly to the ferry terminal in Bremerton; also
From the state ferry terminal at Bremerton via the state
ferry system easterly to the junction with state route number
519 at the state ferry terminal in Seattle. [1994 c 209 § 6;
1993 c 430 § 4.]
47.17.556
47.17.560 State route No. 305. A state highway to be
known as state route number 305 is established as follows:
Beginning at the junction with state route number 519 at
the state ferry terminal in Seattle, thence via the state ferry
system northwesterly to the state ferry terminal at Bainbridge
Island; also
From the state ferry terminal at Bainbridge Island,
thence northerly by the most feasible route to the north end of
Bainbridge Island, across Agate Pass, thence northwesterly
by the most feasible route to a junction with state route number 3 in the vicinity north of Poulsbo. [1994 c 209 § 7; 1970
ex.s. c 51 § 113.]
47.17.560
47.17.566 State route No. 307. A state highway to be
known as state route number 307 is established as follows:
Beginning at a junction with state route number 305 at
Poulsbo, thence northeasterly to a junction with state route
number 104 near Miller Lake. [1991 c 342 § 29.]
47.17.566
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.567 State route No. 308. A state highway to be
known as state route number 308 is established as follows:
Beginning at a junction with state route number 3, thence
easterly to Keyport. [1987 c 199 § 23; 1971 ex.s. c 73 § 15.]
47.17.567
47.17.530 State route No. 292. A state highway to be
known as state route number 292 is established as follows:
Beginning at a junction with state route number 231 at
Springdale, thence easterly to a junction with state route
number 395 in the vicinity of Loon Lake. [1970 ex.s. c 51 §
107.]
47.17.530
47.17.540 State route No. 300. A state highway to be
known as state route number 300 is established as follows:
Beginning at the western boundary of the Belfair State
Park, thence generally easterly to a junction with state route
number 3 at Belfair. [1970 ex.s. c 51 § 109.]
47.17.540
47.17.569 State route No. 310. A state highway to be
known as state route number 310 is established as follows:
Beginning at a junction with state route number 3 near
Oyster Bay, thence easterly to a junction with state route
number 304 in Bremerton. [1991 c 342 § 30.]
47.17.569
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.571 State route No. 339. A state highway to be
known as state route number 339 is established as follows:
Beginning at the junction of state route number 160 at
the state ferry terminal at Vashon Heights, thence via the
state ferry system northeasterly to the junction with state
47.17.571
47.17.545 State route No. 302. A state highway to be
known as state route number 302 is established as follows:
Beginning at a junction with state route number 3 in the
vicinity of Allyn, thence easterly to a junction with state route
47.17.545
[Title 47 RCW—page 86]
(2008 Ed.)
State Highway Routes
route number 519 at the state ferry terminal in Seattle. [1994
c 209 § 9.]
47.17.575 State route No. 395. A state highway to be
known as state route number 395 is established as follows:
Beginning at a junction with state route number 82 at
Kennewick, northerly to a junction with state route number
182 at Pasco; also
From a junction with state route number 182 at Pasco,
thence northeasterly by way of the vicinity of Mesa and Connell to a junction with state route number 90 at Ritzville; also
From a junction with state route number 2 in the vicinity
north of Spokane, thence northerly by way of the vicinity of
Colville and Kettle Falls to the international boundary line in
the vicinity of Laurier. [1985 c 177 § 4; 1979 ex.s. c 33 § 13;
1970 ex.s. c 51 § 116.]
47.17.575
47.17.577 State route No. 397. A state highway to be
known as state route number 397 is established as follows:
Beginning at Piert Road in the vicinity southeast of
Finely, thence northwesterly and northerly across the Columbia River, thence easterly and northerly to a junction with
state route number 395 in Pasco. [1993 c 430 § 5; 1991 c 342
§ 31.]
47.17.577
47.17.645
route number 167 is constructed and opened to traffic on an
anticipated ultimate alignment from a junction with state
route number 5 near Tacoma easterly to Sumner on the north
side of the Puyallup river, the public highway between state
route number 5 in Tacoma and state route number 161 in
Sumner, on the south side of the Puyallup river, shall remain
on the state highway system. [1987 c 199 § 24; 1973 1st ex.s.
c 151 § 8; 1970 ex.s. c 51 § 123.]
47.17.615 State route No. 411. A state highway to be
known as state route number 411 is established as follows:
Beginning at a junction with state route number 432 in
Longview, thence northerly to a junction with state route
number 5 at Castle Rock. [1991 c 342 § 32; 1970 ex.s. c 51 §
124.]
47.17.615
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.625 State route No. 432. A state highway to be
known as state route number 432 is established as follows:
Beginning at a junction with state route number 4 in the
vicinity west of Longview, thence southeasterly to a junction
with state route number 5 south of Kelso. [1991 c 342 § 33;
1970 ex.s. c 51 § 126.]
47.17.625
Effective dates—1991 c 342: See note following RCW 47.26.167.
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.630 State route No. 433. A state highway to be
known as state route number 433 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge at Longview, thence northerly to a junction
with state route number 432 in Longview. [1991 c 342 § 34;
1987 c 199 § 25; 1970 ex.s. c 51 § 127.]
47.17.630
47.17.580 State route No. 401. A state highway to be
known as state route number 401 is established as follows:
Beginning at Point Ellice on state route number 101,
thence easterly and northerly to a junction with state route
number 4 in the vicinity north of Naselle. [1970 ex.s. c 51 §
117.]
47.17.580
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.595 State route No. 405. A state highway to be
known as state route number 405 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Seattle, thence northeasterly to Renton,
thence northerly east of Lake Washington to a junction with
state route number 5 north of Seattle. [1970 ex.s. c 51 § 120.]
47.17.635 State route No. 500. A state highway to be
known as state route number 500 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence northeasterly to Orchards, thence southeasterly to a junction with state route number 14 at Camas.
[1970 ex.s. c 51 § 128.]
47.17.605 State route No. 409. A state highway to be
known as state route number 409 is established as follows:
Beginning at the South Ferry landing, as now located, or
as it may be relocated, on the south side of Puget Island,
thence generally northerly by the most feasible route to the
Puget Island bridge, thence crossing said bridge to a junction
with state route number 4 at the north approach of said bridge
at the town of Cathlamet: PROVIDED, That the state of
Washington shall not assume or pay any bond or bonds outstanding against said bridge, or interest on said bonds, but
said bond or bonds, and interest thereon, shall remain the sole
obligation of the obligors named on said bonds. [1970 ex.s. c
51 § 122.]
47.17.640 State route No. 501—Erwin O. Rieger
Memorial Highway. A state highway to be known as state
route number 501 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence northerly by way of Lower River Road
and an extension thereof to Ridgefield, thence easterly to a
junction with state route number 5 in the vicinity south of La
Center. That portion of state route number 501 from the
northerly junction of N.W. Lower River Road to the Ridgefield city limits is designated "the Erwin O. Rieger Memorial
Highway." The department may enter into an agreement with
the Port of Vancouver, Clark county, or the United States
Army Engineers, or any combination thereof, to obtain material dredged from the Columbia river and have it stockpiled at
no expense to the state. [1991 c 78 § 1; 1984 c 7 § 136; 1970
ex.s. c 51 § 129.]
47.17.595
47.17.605
47.17.610 State route No. 410. A state highway to be
known as state route number 410 is established as follows:
Beginning at a junction with state route number 167 at
Sumner, thence easterly by way of Buckley, Enumclaw, and
Chinook Pass, to a junction with state route number 12 northwest of Yakima: PROVIDED, That until such time as state
47.17.610
(2008 Ed.)
47.17.635
47.17.640
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.645 State route No. 502. A state highway to be
known as state route number 502 is established as follows:
47.17.645
[Title 47 RCW—page 87]
47.17.650
Title 47 RCW: Public Highways and Transportation
Beginning at a junction with state route number 5 in the
vicinity north of Vancouver, thence easterly to a junction
with state route number 503 at Battleground. [1970 ex.s. c 51
§ 130.]
47.17.650 State route No. 503. A state highway to be
known as state route number 503 is established as follows:
Beginning at a junction with state route number 500 at
Orchards, thence northerly to a junction with state route number 502 at Battle Ground, thence northerly to Amboy, thence
northeasterly by way of Cougar to the Cowlitz-Skamania
county line; also
Beginning at a junction with state route number 503 in
the vicinity of Yale, thence westerly to a junction with state
route number 5 in the vicinity of Woodland. [1991 c 342 §
35; 1975 c 63 § 6; 1970 ex.s. c 51 § 131.]
47.17.650
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.655 State route No. 504—Spirit Lake Memorial Highway. A state highway to be known as state route
number 504, hereby designated the Spirit Lake Memorial
Highway, dedicated to the memory of those who lost their
lives in the 1980 eruption of Mt. St. Helens, is established as
follows:
Beginning at a junction with state route number 5 in the
vicinity north of Castle Rock, thence easterly along the north
shore of Silver Lake by way of Silverlake and Toutle, past a
junction with state route number 505, thence by way of Kid
Valley and St. Helens to the former Spirit Lake. [1982 c 82 §
1; 1970 ex.s. c 51 § 132.]
47.17.655
47.17.660 State route No. 505. A state highway to be
known as state route number 505 is established as follows:
Beginning in Winlock, thence via Toledo, easterly and
southerly to a junction with state route number 504 in the
vicinity north of Toutle. [1991 c 342 § 36; 1970 ex.s. c 51 §
133.]
47.17.680 State route No. 509. A state highway to be
known as state route number 509 is established as follows:
Beginning at a junction with state route number 705 at
Tacoma, thence northeasterly to a junction with state route
number 99 in the vicinity of Redondo; also
From a junction with state route number 516 at Des
Moines, thence northerly to a junction with state route number 99 in Seattle. [1991 c 342 § 37; 1979 ex.s. c 33 § 14; 1970
ex.s. c 51 § 137.]
47.17.680
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.685 State route No. 510. A state highway to be
known as state route number 510 is established as follows:
Beginning at a junction with state route number 5, thence
southeasterly via St. Clair to a junction with state route number 507 at Yelm. [1970 ex.s. c 51 § 138.]
47.17.685
47.17.690 State route No. 512. A state highway to be
known as state route number 512 is established as follows:
Beginning at a junction with state route number 5 south
of Tacoma, thence easterly to a junction with state route number 7 south of Tacoma, thence easterly to a junction with state
route number 167 in the vicinity of Puyallup. [1970 ex.s. c 51
§ 139.]
47.17.690
47.17.695 State route No. 513. A state highway to be
known as state route number 513 is established as follows:
Beginning at a junction with state route number 520 in
Seattle, thence northerly and easterly to the vicinity of Sand
Point. [1991 c 342 § 38; 1971 ex.s. c 73 § 16; 1970 ex.s. c 51
§ 140.]
47.17.695
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.660
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.705 State route No. 515. A state highway to be
known as state route number 515 is established as follows:
Beginning at a junction with state route number 516 in
the vicinity east of Kent, thence northerly to a junction with
state route number 900 in Renton. [1970 ex.s. c 51 § 142.]
47.17.705
47.17.710 State route No. 516. A state highway to be
known as state route number 516 is established as follows:
Beginning at a junction with state route number 509 in
the vicinity south of Des Moines, thence southeasterly to a
junction with state route number 5; also
From that junction with state route number 5, thence
easterly to a junction with state route number 167 in Kent,
thence easterly to a junction with state route number 169
south of Maple Valley. [1970 ex.s. c 51 § 143.]
47.17.710
47.17.665 State route No. 506. A state highway to be
known as state route number 506 is established as follows:
Beginning at Ryderwood, thence by way of Vader northeasterly to a junction with state route number 5 west of
Toledo. [1970 ex.s. c 51 § 134.]
47.17.665
47.17.670 State route No. 507. A state highway to be
known as state route number 507 is established as follows:
Beginning at a junction with state route number 5 in
Centralia, thence northerly by the most feasible route by way
of Bucoda to Tenino, thence northeasterly by way of Rainier,
Yelm and McKenna to a junction with state route number 7 in
the vicinity south of Tacoma. [1970 ex.s. c 51 § 135.]
47.17.670
47.17.675 State route No. 508. A state highway to be
known as state route number 508 is established as follows:
Beginning at a junction with state route number 5 south
of Chehalis, thence easterly by way of Onalaska to a junction
with state route number 7 at Morton. [1970 ex.s. c 51 § 136.]
47.17.675
[Title 47 RCW—page 88]
47.17.715 State route No. 518. A state highway to be
known as state route number 518 is established as follows:
Beginning at a junction with state route number 509 near
Sunnydale, thence easterly to a junction with state route number 5 in the vicinity of Seattle. [1970 ex.s. c 51 § 144.]
47.17.715
47.17.717 State route No. 519. A state highway to be
known as state route number 519 is established as follows:
Beginning at a junction with state route number 90 in
Seattle, thence westerly, and northerly to the Washington
state ferry terminal. [1991 c 342 § 39.]
47.17.717
(2008 Ed.)
State Highway Routes
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.720 State route No. 520. A state highway to be
known as state route number 520 is established as follows:
Beginning at a junction with state route number 5 in
Seattle, thence easterly via the Evergreen Point bridge to a
junction with state route number 202 in the vicinity of Redmond. [1970 ex.s. c 51 § 145.]
47.17.720
47.17.725 State route No. 522. A state highway to be
known as state route number 522 is established as follows:
Beginning at Seattle in King county, thence easterly by
the most feasible route to the north of Lake Washington by
way of Bothell to a junction with state route number 202 near
Bothell; also
From that junction with state route number 202 near
Bothell, thence northeasterly by the most feasible route to a
junction with state route number 2 in the vicinity of Monroe.
[1970 ex.s. c 51 § 146.]
47.17.725
47.17.727 State route No. 523. A state highway to be
known as state route number 523 is established as follows:
Beginning at a junction with state route number 99 and
Northeast 145th Street in Seattle, thence easterly to a junction
with state route number 522. [1991 c 342 § 40.]
47.17.727
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.730 State route No. 524. A state highway to be
known as state route number 524 is established as follows:
Beginning at a junction with state route number 104 at
Edmonds, thence northeasterly to a junction with state route
number 5 in the vicinity of Lynnwood, thence easterly to a
junction with state route number 522 near Maltby. [1991 c
342 § 41; 1984 c 7 § 137; 1970 ex.s. c 51 § 147.]
47.17.730
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.735 State route No. 525. A state highway to be
known as state route number 525 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Everett, thence northwesterly to the state
ferry terminal at Mukilteo; also
From the junction with state route number 526 at Mukilteo, thence southerly to a junction with state route number
525; also
From the state ferry terminal at Mukilteo via the state
ferry system northerly to the state ferry terminal at Clinton;
also
From the state ferry terminal at Clinton, thence northwesterly to a junction with state route number 20 in the vicinity east of Keystone. [2001 c 130 § 1; 1994 c 209 § 8; 1973
1st ex.s. c 151 § 15; 1970 ex.s. c 51 § 148.]
47.17.765
47.17.745 State route No. 527. A state highway to be
known as state route number 527 is established as follows:
Beginning at a junction with state route number 522 in
the vicinity of Bothell, thence northerly to a junction with
state route number 5 in the vicinity south of Everett. [1970
ex.s. c 51 § 150.]
47.17.745
47.17.750 State route No. 528. A state highway to be
known as state route number 528 is established as follows:
Beginning at a junction with state route number 5 near
Marysville, thence easterly to a junction with state route
number 9. Until such time as state route number 528 from
Marysville to a junction with state route number 9 is actually
constructed on the location adopted by the department, no
existing city streets or county roads may be maintained or
improved by the department as a temporary route of state
route number 528. [1984 c 7 § 138; 1971 ex.s. c 73 § 18;
1970 ex.s. c 51 § 151.]
47.17.750
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.752 State route No. 529. A state highway to be
known as state route number 529 is established as follows:
Beginning at a junction with state route number 5 in
Everett, thence westerly and northerly through Everett to a
junction with state route number 528 in Marysville. [1991 c
342 § 42; 1971 ex.s. c 73 § 19.]
47.17.752
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.755 State route No. 530. A state highway to be
known as state route number 530 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity west of Arlington, thence easterly and northerly by
way of Darrington to a junction with state route number 20 in
the vicinity of Rockport. [1991 c 342 § 43; 1983 c 131 § 1;
1971 ex.s. c 73 § 20; 1970 ex.s. c 51 § 152.]
47.17.755
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.735
47.17.740 State route No. 526. A state highway to be
known as state route number 526 is established as follows:
Beginning at a junction with state route number 525 at
Mukilteo, thence easterly to a junction with state route number 5 in the vicinity of its junction with state route number
527. [1970 ex.s. c 51 § 149.]
47.17.757 State route No. 531. A state highway to be
known as state route number 531 is established as follows:
Beginning at Wenberg state park, thence northerly and
easterly to a junction with state route number 9 in the vicinity
north of Marysville. [1991 c 342 § 44.]
47.17.757
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.760 State route No. 532. A state highway to be
known as state route number 532 is established as follows:
Beginning at a point on Camano Island known as
McEacherns Corner, thence easterly over a bridge and by
way of Stanwood to a junction with state route number 530 in
the vicinity of Stanwood, thence easterly to a junction with
state route number 5 in the vicinity east of Stanwood. [1970
ex.s. c 51 § 153.]
47.17.760
47.17.740
(2008 Ed.)
47.17.765 State route No. 534. A state highway to be
known as state route number 534 is established as follows:
Beginning at a junction with state route number 5 at
Conway, thence southeasterly to a junction with state route
number 9 at McMurray. [1970 ex.s. c 51 § 154.]
47.17.765
[Title 47 RCW—page 89]
47.17.770
Title 47 RCW: Public Highways and Transportation
47.17.770 State route No. 536. A state highway to be
known as state route number 536 is established as follows:
Beginning at a junction with state route number 20 at
Fredonia, thence easterly to a junction with state route number 5 at Mt. Vernon. [1973 1st ex.s. c 151 § 16; 1970 ex.s. c
51 § 155.]
47.17.770
47.17.780 State route No. 538. A state highway to be
known as state route number 538 is established as follows:
Beginning at a junction with state route number 5 at Mt.
Vernon, thence easterly to a junction with state route number
9. [1970 ex.s. c 51 § 157.]
47.17.808 State route No. 599. A state highway to be
known as state route number 599 is established as follows:
Beginning in the vicinity south of Seattle at a junction
with state route number 5, thence in a northwesterly direction
west of the Duwamish river to a junction with state route
number 99 in the vicinity of South 118 street south of Seattle.
[1971 ex.s. c 73 § 23.]
47.17.808
47.17.780
47.17.785 State route No. 539. A state highway to be
known as state route number 539 is established as follows:
Beginning at a junction with state route number 5 at
Bellingham, thence northerly to the international boundary in
the vicinity east of Delta. [1970 ex.s. c 51 § 158.]
47.17.815 State route No. 702. A state highway to be
known as state route number 702 is established as follows:
Beginning at a junction with state route number 507 at
McKenna, thence easterly to a junction with state route number 7. [1970 ex.s. c 51 § 164.]
47.17.815
47.17.785
47.17.795 State route No. 542. A state highway to be
known as state route number 542 is established as follows:
Beginning at a junction with state route number 5 at
Bellingham, thence easterly to a point in the vicinity of Austin Pass in Whatcom county. [1970 ex.s. c 51 § 160.]
47.17.795
47.17.797 State route No. 543. A state highway to be
known as state route number 543 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Blaine, thence northerly to the international
boundary. [1971 ex.s. c 73 § 22.]
47.17.797
47.17.800 State route No. 544. A state highway to be
known as state route number 544 is established as follows:
Beginning at a junction with state route number 539 in
the vicinity of Wiser lake, thence northeasterly by way of
Everson to a junction with state route number 9 in the vicinity
of Nooksack. [1970 ex.s. c 51 § 161.]
47.17.800
47.17.805 State route No. 546. A state highway to be
known as state route number 546 is established as follows:
Beginning at a junction with state route number 539
approximately 2.7 miles south of the international boundary,
thence easterly by way of Van Buren to a junction with state
route number 9. [1970 ex.s. c 51 § 162.]
47.17.805
47.17.806 State route No. 547. A state highway to be
known as state route number 547 is established as follows:
Beginning at the junction of state route number 542 in
the vicinity of Kendall, thence northwesterly to a junction
with state route number 9 at Sumas. [1984 c 197 § 2.]
47.17.806
47.17.807 State route No. 548. A state highway to be
known as state route number 548 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity north of Ferndale, thence westerly and northerly to a
junction with state route number 5 in Blaine. [1991 c 342 §
45.]
47.17.807
Effective dates—1991 c 342: See note following RCW 47.26.167.
[Title 47 RCW—page 90]
47.17.818 State route No. 704. A state highway to be
known as state route number 704 is established as follows:
Beginning at a junction with state route number 5 in south
Pierce county, thence easterly across Fort Lewis to a junction
with state route number 7. [2002 c 56 § 304.]
47.17.818
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.17.819 State route No. 705. A state highway to be
known as state route number 705 is established as follows:
Beginning at a junction with state route number 5 in
Tacoma, thence northerly to a junction with Schuster Parkway in the Tacoma central business district. [1979 ex.s. c 33
§ 15.]
47.17.819
47.17.820 State route No. 706—Road to Paradise. A
state highway to be known as state route number 706, designated the Road to Paradise, is established as follows:
Beginning at a junction with state route number 7 at
Elbe, thence easterly to a southwest entrance to Mt. Rainier
National Park. [1990 c 97 § 1; 1970 ex.s. c 51 § 165.]
47.17.820
47.17.821 State route No. 730. A state highway to be
known as state route number 730 is established as follows:
Beginning at the Washington-Oregon boundary line,
thence northeasterly to a junction with state route number 12
south of Wallula. [1985 c 177 § 5.]
47.17.821
47.17.823 State route No. 821. A state highway to be
known as state route number 821 is established as follows:
Beginning at a junction with state route number 82 in the
vicinity north of Yakima, thence northerly to a junction with
state route number 82 south of Ellensburg. [1973 1st ex.s. c
151 § 9.]
47.17.823
47.17.824 State route No. 823. A state highway to be
known as state route number 823 is established as follows:
Beginning at the junction of state route number 82 in the
vicinity of Selah northerly by way of Selah and easterly to a
junction with state route number 821 in the vicinity of the firing center interchange.
Before award of any construction contract for improvements to state route number 823 under either program A or
program C, the department of transportation shall secure a
portion of the construction cost from the city of Selah or
Yakima county, or both. [1991 c 342 § 46; 1984 c 197 § 3.]
47.17.824
(2008 Ed.)
Miscellaneous Projects
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.825 State route No. 900. A state highway to be
known as state route number 900 is established as follows:
Beginning at a junction with state route number 5 in
Seattle near the Duwamish River, thence southerly by way of
Renton to a junction with state route number 90 in the vicinity of Issaquah. [1991 c 342 § 47; 1979 ex.s. c 33 § 16; 1970
ex.s. c 51 § 166.]
Chapter 47.20
away to a junction with state route number 97 in the vicinity
of Virden. [1975 c 63 § 12.]
47.17.825
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.835 State route No. 902. A state highway to be
known as state route number 902 is established as follows:
Beginning at a junction with state route number 90,
thence northwesterly, northerly, northeasterly, and easterly,
via the town of Medical Lake, to a junction with state route
number 90 at a point approximately three miles northeast of
Four Lakes. [1991 c 342 § 49; 1970 ex.s. c 51 § 168.]
47.17.919 State route No. 971. A state highway to be
known as state route number 971 is established as follows:
Beginning at a junction with state route number 97-alternate in the vicinity of Winesap, thence northerly to Lake
Chelan state park, thence southeasterly to a junction with
state route number 97-alternate west of Chelan. [1991 c 342
§ 51.]
47.17.919
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.835
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.840 State route No. 903. A state highway to be
known as state route number 903 is established as follows:
Beginning at a junction with state route number 970 in
the vicinity of Cle Elum, thence northwesterly by way of Cle
Elum and Roslyn to the National Forest boundary in the
vicinity of Lake Cle Elum. [1975 c 63 § 7; 1970 ex.s. c 51 §
169.]
47.17.840
47.17.845 State route No. 904. A state highway to be
known as state route number 904 is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of Tyler, thence northeasterly via Cheney to a junction with state route number 90 in the vicinity of Four Lakes.
[1971 ex.s. c 73 § 25; 1970 ex.s. c 51 § 170.]
47.17.845
47.17.850 State route No. 906. A state highway to be
known as state route number 906 is established as follows:
Beginning at a junction with state route number 90 at the
West Summit interchange of Snoqualmie Pass, thence along
the alignment of the state route number 90 as it existed on
May 11, 1967, in a southeasterly direction to a junction with
state route number 90 at the Hyak interchange. [2005 c 319
§ 129; 1984 c 7 § 139; 1977 ex.s. c 235 § 16; 1971 ex.s. c 73
§ 26; 1970 ex.s. c 51 § 171.]
47.17.850
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.855 State route No. 908. A state highway to be
known as state route number 908 is established as follows:
Beginning at a junction with state route number 405 in
Kirkland, thence easterly to a junction with state route number 202 in the vicinity of Redmond. [1991 c 342 § 50; 1971
ex.s. c 73 § 27.]
47.17.855
47.17.960 Local bridges—Department responsibility. Although not part of the state highway system, the
bridges designated in this section shall remain the continuing
responsibility of the Washington state department of transportation. Continuing responsibility includes all structural
maintenance, repair, and replacement of the substructure,
superstructure, and roadway deck. Local agencies are responsible for snow and ice control, sweeping, striping, lane marking, and channelization.
47.17.960
Facility
S. Fork Skykomish River Bridge
Manette Bridge
Grays River Bridge (Rosburg)
Elochoman Bridge
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.990 Construction—Refunds to counties composed of islands. Nothing in this chapter precludes the
refund of all vehicle license fees and motor vehicle fuel tax
directly or indirectly paid by the residents of those counties
composed entirely of islands and that have neither a fixed
physical connection with the mainland nor any state highways on any of the islands of which they are composed, as
authorized under RCW 46.68.080. [1994 c 209 § 10.]
47.17.990
Chapter 47.20
Chapter 47.20 RCW
MISCELLANEOUS PROJECTS
Sections
47.20.570
47.20.580
47.20.590
47.20.600
47.20.605
47.20.610
47.20.620
47.20.630
47.17.917 State route No. 970. A state highway to be
known as state route number 970 is established as follows:
Beginning at a junction with state route number 90 in the
vicinity of Cle Elum, thence northeasterly by way of Tean-
47.20.635
(2008 Ed.)
WN-002000487032
WN-303250032700
WN-403000064300
WN-407000023300
[1991 c 342 § 55.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.917
State of Washington Inventory of
Bridges and Structures
(SWIBS) Number
47.20.640
47.20.645
Manette bridge authorized.
Washington State University highway authorized.
University of Washington approach authorized.
Washington State University highway, University of Washington approach—Acquisition of property.
Washington State University highway, University of Washington approach—Public use.
Washington State University highway, University of Washington approach—Condemnation.
Washington State University highway, University of Washington approach—Measure of damage to buildings.
Washington State University highway, University of Washington approach—Sale of buildings, personalty, acquired in
acquisition of land.
University of Washington approach—Ordinance requisite—
Construction and maintenance.
Reestablishment and redesignation of intersections when highway relocated.
Interstate 90 corridor—Legislative finding.
[Title 47 RCW—page 91]
47.20.570
47.20.647
47.20.653
47.20.700
47.20.710
47.20.715
47.20.720
47.20.725
47.20.730
47.20.735
47.20.780
47.20.785
47.20.900
Title 47 RCW: Public Highways and Transportation
Interstate 90 corridor—Withdrawal of local governments from
project—Effect on use of state funds.
Interstate 90 corridor—Court proceedings, priority.
State route No. 504 (Spirit Lake Memorial Highway)—Extension and parking facilities.
Quinault Tribal Highway—Agreement authorized—Route.
Quinault Tribal Highway—Maintenance, operation, improvements—Intersections, access.
Quinault Tribal Highway—Certain portion as limited access.
Quinault Tribal Highway—Acquisition of remaining right-ofway.
Quinault Tribal Highway—Department as agent.
Quinault Tribal Highway—Authority to seek federal funding.
Design-build—Competitive bidding.
Design-build—Qualified projects.
Severability—1975 1st ex.s. c 272.
47.20.570 Manette bridge authorized. The department is authorized and directed to construct a bridge across
Port Washington Narrows connecting state route number 304
at or near Bremerton with state route number 303 on the
Manette Peninsula; to make surveys and plans; and to condemn or otherwise acquire such lands as are necessary or
proper for approaches to the bridge or for the relocation of
any portion of the highway to locate the bridge at the most
feasible place. The bridge shall become and be maintained as
a part of the state highway system. [1984 c 7 § 140; 1970
ex.s. c 51 § 173; 1961 c 13 § 47.20.570. Prior: 1947 c 4 p 6 §
2; Rem. Supp. 1947 § 6584a-1.]
47.20.570
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.580 Washington State University highway
authorized. The department is hereby authorized and
directed to locate, construct, pave, and maintain a suitable
highway on the most feasible route beginning in the vicinity
of the stadium of the Washington State University and
extending in a northwesterly direction to a connection with
state route number 27, near the north boundary of the city of
Pullman. [1984 c 7 § 141; 1970 ex.s. c 51 § 174; 1961 c 13 §
47.20.580. Prior: 1945 c 27 § 1; Rem. Supp. 1945 § 640240.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.605 Washington State University highway,
University of Washington approach—Public use. The use
of the private real estate, rights, and interests, selected by the
department as necessary for the approach, underpass, and
highway is declared to be a public use. [1984 c 7 § 144; 1961
c 13 § 47.20.605. Prior: 1945 c 27 § 4; Rem. Supp. 1945 §
6402-43. Formerly RCW 47.20.600, part.]
47.20.605
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.610 Washington State University highway,
University of Washington approach—Condemnation. In
case of condemnation to secure any real estate, rights, or
interests authorized under this chapter, the court actions shall
be brought in the name of the state of Washington in the
respective counties in which the real estate is located and in
the manner provided by law for acquiring property for public
uses for the state. In such actions the selection of the real
estate, rights, and interests by the department is, in the
absence of bad faith, arbitrary, capricious, or fraudulent
action, conclusive upon the court and judge before which the
action is brought that the real estate, rights, and interests are
necessary for public use for the purposes sought. [1984 c 7 §
145; 1961 c 13 § 47.20.610. Prior: 1945 c 27 § 5; Rem. Supp.
1945 § 6402-44.]
47.20.610
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.580
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.590 University of Washington approach authorized. The department is hereby authorized and directed to
select and locate a suitable and fitting street and highway
approach to the University of Washington campus in the city
of Seattle, from Roosevelt Way to Fifteenth Avenue northeast, including an underpass beneath the surface of Roosevelt
Way, and necessary approaches to the underpass. [1984 c 7
§ 142; 1961 c 13 § 47.20.590. Prior: 1945 c 27 § 2; Rem.
Supp. 1945 § 6402-41.]
47.20.590
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.600 Washington State University highway,
University of Washington approach—Acquisition of
property. The department is hereby authorized and directed
in the name of the state of Washington to acquire by purchase, gift, or condemnation, any and all private real estate,
rights, and interests necessary to locate, construct, and maintain the Washington State University highway and the University of Washington approach provided for herein. [1984 c
7 § 143; 1961 c 13 § 47.20.600. Prior: 1945 c 27 § 3; Rem.
Supp. 1945 § 6402-42.]
47.20.600
[Title 47 RCW—page 92]
47.20.620 Washington State University highway,
University of Washington approach—Measure of damage to buildings. If, in any condemnation proceeding authorized herein, it appears that there is any building wholly or
partially upon any of the real estate to be taken, the jury, or
the court, if the jury be waived, shall add to the value of the
land taken the amount of damages to the building. If the
entire building is taken, or if the building is damaged so that
it cannot be readjusted to the real estate not taken, then the
measure of damages shall be the fair cash value of the building. If part of a building is taken or damaged and the building
can be readjusted or replaced on the real estate remaining,
then the measure of damages shall be the cost of readjusting
or moving the building, or part thereof left, together with the
depreciation in the market value of said building by reason of
said readjustment or moving. [1961 c 13 § 47.20.620. Prior:
1945 c 27 § 6; Rem. Supp. 1945 § 6402-45.]
47.20.620
47.20.630 Washington State University highway,
University of Washington approach—Sale of buildings,
personalty, acquired in acquisition of land. The department shall have power to sell at public or private sale any
building, equipment, or fixtures acquired in the acquisition of
the real estate for such price as it shall fix and to execute to
the purchaser upon payment of the purchase price a bill of
sale in the name of the state. Proceeds of the sale shall be
placed in the motor vehicle fund of the state treasury. The
department shall have power to permit occupation of buildings on real estate so acquired for such specified limited time
as it deems will lapse before construction of the approach,
underpass, and highway can be undertaken; and in behalf of
the state it may be shown in any condemnation proceeding
47.20.630
(2008 Ed.)
Miscellaneous Projects
the period during which such occupancy will be permitted for
the purpose of mitigating damages. [1984 c 7 § 146; 1961 c
13 § 47.20.630. Prior: 1945 c 27 § 7; Rem. Supp. 1945 §
6402-46.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.635 University of Washington approach—
Ordinance requisite—Construction and maintenance.
No action may be taken by the department for the acquisition
of real estate, rights, and interests for the approach and underpass to the University of Washington unless and until the city
of Seattle, through its legislative authority, enacts an ordinance providing that the city of Seattle will, within three
months after the necessary real estate, rights, and interests
have been secured by the state as provided in this chapter,
begin the work of grading, paving, and such other work as is
necessary to complete and render available for use of the public, the approach and underpass and approaches to the underpass; and further providing that the city of Seattle shall thereafter keep and maintain the approach and underpass and
approach to the underpass in a good state of repair and suitable for public travel and use, which construction and maintenance work the city of Seattle is hereby authorized and
empowered to do and perform. [1984 c 7 § 147; 1961 c 13 §
47.20.635. Prior: 1945 c 27 § 8; Rem. Supp. 1945 § 640247.]
47.20.635
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.640 Reestablishment and redesignation of
intersections when highway relocated. In any case where a
state highway is relocated in such manner that it ceases to
intersect another state highway, the department is authorized
to extend and designate either of the state highways to reestablish an appropriate intersection. [1984 c 7 § 148; 1967
ex.s. c 145 § 44; 1961 c 13 § 47.20.640. Prior: 1953 c 82 § 1.]
47.20.640
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.645 Interstate 90 corridor—Legislative finding. The legislature finds that the department initiated route
studies for the location of that segment of the national system
of interstate and defense highways (interstate system)
between south Bellevue and state route No. 5 in Seattle in
1957 culminating in a corridor public hearing and adoption of
a corridor in 1963; that thereafter the department, utilizing a
multidisciplinary design team and soliciting the broadest
public participation, developed a series of designs culminating in a public design hearing in 1970, a public limited access
hearing in 1971, and adoption of a design and limited access
plan for the facility in 1971; that commencing in 1970 the
proposed facility has been the subject of numerous lawsuits
and administrative proceedings that have prevented advancement of the project to construction; that since further development of the project was enjoined by federal courts in 1971
the cost of constructing the project has increased by more
than one hundred million dollars; that the traffic congestion
and traffic hazards existing in the existing highway corridor
between south Bellevue, Mercer Island, and the city of Seattle are no longer tolerable; that after more than seventeen
years of studies the public interest now requires that final
decisions regarding the appropriate system for meeting the
47.20.645
(2008 Ed.)
47.20.653
transportation requirements between south Bellevue and the
city of Seattle be made promptly and in accordance with a
prescribed schedule.
It is therefore the sense of the legislature that further protracted delay in establishing the transportation system to be
constructed between south Bellevue and state route No. 5 in
the city of Seattle is contrary to the interest of the people of
this state and can no longer be tolerated as acceptable public
administration. Accordingly the schedule for finally determining the character of transportation modes between south
Bellevue and state route No. 5 in the city of Seattle as set
forth in RCW 47.20.645 through 47.20.653 and 47.20.900 is
adopted as the public policy of this state. [1984 c 7 § 149;
1975 1st ex.s. c 272 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.647 Interstate 90 corridor—Withdrawal of
local governments from project—Effect on use of state
funds. (1) The Puget Sound council of governments (until
July 1, 1975, known as the Puget Sound governmental conference) now engaged in a study of the withdrawal from the
interstate system of that segment of state route No. 90
between the south Bellevue interchange and the Connecticut
street interchange on state route No. 5 and the substitution of
public mass transit projects in lieu thereof as authorized by
section 103(e)(4) of Title 23, United States Code, is directed
to complete all phases of the study by November 1, 1975.
(2) No later than January 15, 1976, the city councils of
Seattle, Mercer Island and Bellevue and the county council of
King County shall each by resolution either approve or disapprove a request to withdraw from the interstate system the
segment of state route No. 90 between south Bellevue interchange and the Connecticut street interchange on state route
No. 5. Nothing in this subsection shall be construed as requiring the city or county councils to adopt by January 15, 1976
any proposal for substitute mass transit projects.
(3) If at least three of the four city and county councils
request withdrawal from the interstate system of the designated segment of state route No. 90 by January 15, 1976, and
such request is thereafter concurred in by the governor and
the Puget Sound council of governments, such determination
shall be final as it relates to the state of Washington and
except as may be required to terminate the project in an
orderly manner, no moneys shall thereafter be expended from
the motor vehicle fund for further development of the designated section of highway as an interstate highway without
further express authorization of the legislature.
(4) If fewer than three of the four city and county councils request withdrawal from the interstate system of the designated segment of state route No. 90 by January 15, 1976, or
if the governor does not concur in the withdrawal request,
then no tax revenues collected by the state of Washington
shall thereafter be expended for the construction of substitute
public mass transit projects in the Seattle metropolitan area
pursuant to section 103(e)(4) of Title 23, United States Code,
without further express authorization of the legislature.
[1975 1st ex.s. c 272 § 2.]
47.20.647
47.20.653 Interstate 90 corridor—Court proceedings, priority. State court proceedings instituted to chal47.20.653
[Title 47 RCW—page 93]
47.20.700
Title 47 RCW: Public Highways and Transportation
lenge the validity of any steps taken in pursuance of the construction of the segment of the interstate system between
south Bellevue and state route No. 5 in Seattle, or the construction of substitute public mass transit projects in lieu
thereof, shall take precedence over all other causes not
involving the public interest in all courts of this state to the
end construction of such facilities may be expedited to the
fullest. The legislature of the state of Washington respectfully
requests of the federal judiciary that challenges instituted in
the federal courts relating to the validity of steps leading to
the construction of the designated interstate highway or substitute public mass transit projects in lieu thereof be expedited to the fullest. [1975 1st ex.s. c 272 § 5.]
47.20.700 State route No. 504 (Spirit Lake Memorial
Highway)—Extension and parking facilities. The department of transportation may provide for the construction of an
extension of state route number 504 from the vicinity of
Maple Flats to the vicinity of the United States Corps of
Engineers debris dam on the north fork of the Toutle river on
an alignment to be approved by the department of transportation. The department may enter into an agreement with the
principal owner of the necessary right-of-way providing as
follows:
(1) The owner of the right-of-way shall construct the
highway extension and public parking facilities as specified
by the department of transportation.
(2) The owner of the right-of-way shall convey to the
state, right-of-way for the highway extension a minimum of
one hundred fifty feet in width (except right-of-way presently
under the control of the department of natural resources),
together with areas for public parking facilities as designated
by the department of transportation.
(3) The department of transportation shall reimburse the
present owner of the right-of-way for the actual cost of construction of the highway extension and the public parking
facilities.
(4) The construction of the highway extension and public
parking facilities shall be completed within one year after
March 27, 1982.
The department of transportation may acquire that part
of the right-of-way necessary for the highway extension that
is now under the control of the department of natural
resources in the manner provided in RCW 47.12.023 through
47.12.029.
All expenditures by the department of transportation
pursuant to this section shall be from appropriations for the
construction of category A projects. [1982 c 82 § 2.]
47.20.700
47.20.710 Quinault Tribal Highway—Agreement
authorized—Route. The department of transportation is
authorized to enter into a cooperative agreement with the
governing authority for the Indian peoples of the Quinault
Indian Reservation and appropriate agencies of the United
States for the location, design, right-of-way acquisition, construction, and maintenance of a highway beginning at the
south boundary of the Quinault Indian reservation on state
route number 109, thence northerly along the present rightof-way of state route number 109 to the township line, thence
inland and northerly across the Raft river to an intersection
47.20.710
[Title 47 RCW—page 94]
with state route number 101 south of Queets. The highway
shall be known as the "Tribal Highway" and may also be designated by the department as state route number 109. It is
anticipated that this highway construction will be funded
from federal sources other than normal federal aid highway
allocations. [1985 c 228 § 1.]
State route number 109: RCW 47.17.200.
47.20.715 Quinault Tribal Highway—Maintenance,
operation, improvements—Intersections, access. As a
part of the agreement, the department may assume responsibility for the operation and maintenance and future improvement of the highway. The agreement may also reserve to the
governing authority for the Indian peoples of the Quinault
Indian Reservation authority to construct public road intersections or grade separation crossings of the highway. Existing rights of access from adjoining property to existing state
route number 109 from the south reservation boundary to the
township line shall not be affected by RCW 47.20.710
through 47.20.735 or the agreement authorized by RCW
47.20.710. [1985 c 228 § 2.]
47.20.715
47.20.720 Quinault Tribal Highway—Certain portion as limited access. The department is authorized to
determine the location of the highway from the township line
to a junction with state route number 101 after consultations
with the governing authority for the Indian peoples of the
Quinault Indian Reservation and the bureau of Indian affairs.
The department may then proceed with the establishment of
this section of the highway as a limited access facility in the
manner prescribed in RCW 47.52.131 through 47.52.137 and
47.52.195 (and the administrative rules adopted by the
department to implement those sections), subject, however,
to the following conditions: (1) The access report required by
RCW 47.52.131 shall be approved by the governing authority
for the Indian peoples of the Quinault Indian Reservation
before public hearings; and (2) the final limited access plan
adopted pursuant to RCW 47.52.137 at the conclusion of the
public hearing, or after any appeal from it has been decided,
shall be approved by the governing authority for the Indian
peoples of the Quinault Indian Reservation and the bureau of
Indian affairs before right-of-way is acquired for this section
of highway. [1985 c 228 § 3.]
47.20.720
47.20.725 Quinault Tribal Highway—Acquisition of
remaining right-of-way. The department is authorized to
acquire the remaining right-of-way for the Tribal Highway
by purchase or by condemnation under state or federal eminent domain statutes. The secretary of transportation pursuant to the agreement is authorized to convey by deed to the
governing authority for the Indian peoples of the Quinault
Indian Reservation the right-of-way to the entire highway
when fully acquired in return for a conveyance by the governing authority for the Indian peoples of the Quinault Indian
Reservation to the state of Washington of a perpetual easement for public travel on the through lanes and shoulders of
the highway when constructed. The agreement may also
authorize the governing authority for the Indian peoples of
the Quinault Indian Reservation to convey to the United
States an easement to construct, maintain, and repair the
47.20.725
(2008 Ed.)
Combination Highway Routes
highway improvements if such an easement is required by
regulations of the bureau of Indian affairs. [1985 c 228 § 4.]
47.20.730 Quinault Tribal Highway—Department as
agent. Except as otherwise provided by RCW 47.20.710
through 47.20.735 or by the agreement authorized by RCW
47.20.710, the department may proceed with the location,
design, acquisition of right-of-way, construction, and maintenance of the highway as an agent of the governing authority
for the Indian peoples of the Quinault Indian Reservation in
accordance with applicable state or federal law. [1985 c 228
§ 5.]
47.20.730
47.20.735 Quinault Tribal Highway—Authority to
seek federal funding. The department is authorized to join
with the governing authority for the Indian peoples of the
Quinault Indian Reservation to seek federal funding for the
construction of the Tribal Highway. [1985 c 228 § 6.]
47.20.735
47.20.780 Design-build—Competitive bidding. The
department of transportation shall develop a process for
awarding competitively bid highway construction contracts
for projects over ten million dollars that may be constructed
using a design-build procedure. As used in this section and
RCW 47.20.785, "design-build procedure" means a method
of contracting under which the department of transportation
contracts with another party for the party to both design and
build the structures, facilities, and other items specified in the
contract.
The process developed by the department must, at a minimum, include the scope of services required under the
design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and
project costs, contractor selection criteria, and issue resolution procedures. [2007 c 152 § 1; 2001 c 226 § 2.]
47.20.780
Findings—Purpose—2001 c 226: "The legislature finds and declares
that a contracting procedure that facilitates construction of transportation
facilities in a more timely manner may occasionally be necessary to ensure
that construction can proceed simultaneously with the design of the facility.
The legislature further finds that the design-build process and other alternative project delivery concepts achieve the goals of time savings and avoidance of costly change orders.
The legislature finds and declares that a 2001 audit, conducted by Talbot, Korvola & Warwick, examining the Washington state ferries’ capital
program resulted in a recommendation for improvements and changes in
auto ferry procurement processes. The auditors recommended that auto ferries be procured through use of a modified request for proposals process
whereby the prevailing shipbuilder and Washington state ferries engage in a
design and build partnership. This process promotes ownership of the design
by the shipbuilder while using the department of transportation’s expertise in
ferry design and operations. Alternative processes like design-build partnerships can promote innovation and create competitive incentives that increase
the likelihood of finishing projects on time and within the budget.
The purpose of this act is to authorize the department’s use of a modified request for proposals process for procurement of auto ferries, and to prescribe appropriate requirements and criteria to ensure that contracting procedures for this procurement process serve the public interest." [2001 c 226 §
1.]
47.20.785 Design-build—Qualified projects. (1) The
department of transportation may use the design-build procedure for public works projects over ten million dollars where:
(a) The construction activities are highly specialized and
a design-build approach is critical in developing the construction methodology; or
47.20.785
(2008 Ed.)
47.22.020
(b) The projects selected provide opportunity for greater
innovation and efficiencies between the designer and the
builder; or
(c) Significant savings in project delivery time would be
realized.
(2) To test the applicability of the design-build procedure
on smaller projects and specialty projects, the department
may conduct up to five pilot projects on projects that cost
between two and ten million dollars. The department shall
evaluate these pilot projects with respect to cost, time to complete, efficiencies gained, if any, and other pertinent information to facilitate analysis regarding the further use of the
design-build process on projects of this size. [2006 c 37 § 1;
2001 c 226 § 3.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.20.900 Severability—1975 1st ex.s. c 272. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 272 § 6.]
47.20.900
Chapter 47.22
Chapter 47.22 RCW
COMBINATION HIGHWAY ROUTES
Sections
47.22.010
47.22.020
East Pacific highway.
Lewis and Clark Highway.
47.22.010 East Pacific highway. There is hereby established the east Pacific highway which shall be composed of
the following existing highway routes: Beginning on state
route number 5 at or near Centralia; thence by way of state
route number 5 to its junction with state route number 12 or
by way of state route number 507 between Centralia and
Tenino; thence on state route number 507 to Roy junction
with state route number 7; thence on state route number 7 to
a junction with state route number 512; thence on state route
number 512 to Puyallup; thence on state route numbers 410
and 167 to Sumner, Auburn, Kent and Renton; thence on
state route number 405 to Kirkland; thence on state route
number 405 north to a junction with state route number 522;
thence on state route number 522 to a junction with state
route number 9 northeast of Woodinville; and thence on state
route number 9 to Snohomish, Arlington, Sedro Woolley, and
to a junction with state route number 542 at Deming; thence
westerly on state route 542 to a junction with state route number 9 at Lawrence; thence on state route number 9 via Sumas,
to the Canadian international boundary. [1970 ex.s. c 51 §
175; 1961 c 13 § 47.22.010. Prior: 1951 c 273 § 1.]
47.22.010
47.22.020 Lewis and Clark Highway. There is established the Lewis and Clark Highway, which shall be composed of the following existing routes: State route 193 from
the junction of state route 12 at Clarkston to Wawawai River
Road; state route 12 from Clarkston to Waitsburg; state route
124 from Waitsburg to Pasco (west); state route 12 from
Pasco to Waitsburg via Wallula and Walla Walla (east); state
routes 395 and 82 from state route 12, through the Tri-Cities
47.22.020
[Title 47 RCW—page 95]
Chapter 47.24
Title 47 RCW: Public Highways and Transportation
region, to the junction at state route 14; state route 14 from
the junction of state routes 395 and 82 to Maryhill; state
routes 14 and 5 from Maryhill to state route 432 through
Longview to state route 4; state route 4 from Longview to the
junction with state route 101 near the vicinity of Johnson’s
landing; state route 401 from Naselle junction to Megler;
state route 101 from Megler through Ilwaco and Seaview to
the junction with state route 4; state route spur/alternate state
route 101; state route loop 100; state route spur 100; and state
route 103. [1999 c 57 § 1; 1970 ex.s. c 51 § 176; 1967 ex.s. c
145 § 13; 1961 c 13 § 47.22.020. Prior: 1955 c 178 § 1.]
or town from entering into an agreement that a city or town
will accept responsibility for such a street or portion thereof
at some time other than between the first and fifteenth of July
of any year. [2006 c 334 § 42; 1998 c 245 § 97; 1979 ex.s. c
86 § 2; 1977 ex.s. c 151 § 57; 1973 c 95 § 3; 1961 c 13 §
47.24.010. Prior: 1959 c 160 § 1; 1957 c 83 § 2; 1955 c 179
§ 2; 1949 c 220 § 5, part; 1945 c 250 § 1, part; 1943 c 82 § 10,
part; 1937 c 187 § 61, part; Rem. Supp. 1949 § 6450-61,
part.]
Chapter 47.24 RCW
CITY STREETS AS PART OF STATE HIGHWAYS
47.24.020 Jurisdiction, control. The jurisdiction, control, and duty of the state and city or town with respect to such
streets is as follows:
(1) The department has no authority to change or establish any grade of any such street without approval of the governing body of such city or town, except with respect to limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for
and control over any such street beyond the curbs and if no
curb is installed, beyond that portion of the highway used for
highway purposes. However, within incorporated cities and
towns the title to a state limited access highway vests in the
state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over such facility as provided in
chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of
such street between the curbs or portion used for highway
purposes up to a vertical height of twenty feet above the surface of the roadway;
(4) The city or town shall at its own expense maintain all
underground facilities in such streets, and has the right to
construct such additional underground facilities as may be
necessary in such streets. However, pavement trenching and
restoration performed as part of installation of such facilities
must meet or exceed requirements established by the department;
(5) The city or town has the right to grant the privilege to
open the surface of any such street, but all damage occasioned thereby shall promptly be repaired either by the city or
town itself or at its direction. Pavement trenching and restoration performed under a privilege granted by the city under
this subsection must meet or exceed requirements established
by the department;
(6) The city or town at its own expense shall provide
street illumination and shall clean all such streets, including
storm sewer inlets and catch basins, and remove all snow,
except that the state shall when necessary plow the snow on
the roadway. In cities and towns having a population of
twenty-five thousand or less according to the latest determination of population by the office of financial management,
the state, when necessary for public safety, shall assume, at
its expense, responsibility for the stability of the slopes of
cuts and fills and the embankments within the right-of-way to
protect the roadway itself. When the population of a city or
town first exceeds twenty-five thousand according to the
determination of population by the office of financial man-
Chapter 47.24
Sections
47.24.010
47.24.020
47.24.030
47.24.040
47.24.050
Designation—Construction, maintenance—Return to city or
town.
Jurisdiction, control.
Acquisition of rights-of-way—Condemnation proceedings.
Street fund—Expenditures on streets forming part of state
highway.
Aid on streets by state or county—Payment.
City streets
parkways, boulevards, generally: Title 35 RCW.
sidewalks, etc.: Chapters 35.68 through 35.79 RCW.
Design standards committee for city streets: Chapter 35.78 RCW.
Off-street parking
cities: Chapter 35.86 RCW.
towns: RCW 35.27.550 through 35.27.590.
Platted streets as public highways: RCW 58.08.035, 58.08.050.
Speed limits in cities: RCW 46.61.415, 46.61.430, 46.61.440.
Viaducts, bridges, elevated roadways, tunnels, etc., in cities: Chapter 35.85
RCW.
47.24.010 Designation—Construction, maintenance—Return to city or town. The department of transportation shall determine what streets, together with bridges
thereon and wharves necessary for use for ferriage of motor
vehicle traffic in connection with such streets, if any, in any
incorporated cities and towns shall form a part of the route of
state highways and between the first and fifteenth days of
July of any year the department shall identify by brief
description, the streets, together with the bridges thereon and
wharves, if any, in such city or town which are designated as
forming a part of the route of any state highway; and all such
streets, including curbs and gutters and street intersections
and such bridges and wharves, shall thereafter be a part of the
state highway system and as such shall be constructed and
maintained by the department from any state funds available
therefor: PROVIDED, That the responsibility for the construction and maintenance of any such street together with its
appurtenances may be returned to a city or a town upon certification by the department to the clerk of any city or town that
such street, or portion thereof, is no longer required as a part
of the state highway system: PROVIDED FURTHER, That
any such certification that a street, or portion thereof, is no
longer required as a part of the state highway system shall be
made between the first and fifteenth of July following the
determination by the department that such street or portion
thereof is no longer required as a part of the state highway
system, but this shall not prevent the department and any city
47.24.010
[Title 47 RCW—page 96]
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
47.24.020
(2008 Ed.)
City Streets as Part of State Highways
agement, the city or town shall have three years from the date
of the determination to plan for additional staffing, budgetary, and equipment requirements before being required to
assume the responsibilities under this subsection. The state
shall install, maintain, and operate all illuminating facilities
on any limited access facility, together with its interchanges,
located within the corporate limits of any city or town, and
shall assume and pay the costs of all such installation, maintenance, and operation incurred after November 1, 1954;
(7) The department has the right to use all storm sewers
on such highways without cost; and if new storm sewer facilities are necessary in construction of new streets by the
department, the cost of the facilities shall be borne by the
state and/or city as may be mutually agreed upon between the
department and the governing body of the city or town;
(8) Cities and towns have exclusive right to grant franchises not in conflict with state laws and rules, over, beneath,
and upon such streets, but the department is authorized to
enforce in an action brought in the name of the state any condition of any franchise which a city or town has granted on
such street. No franchise for transportation of passengers in
motor vehicles may be granted on such streets without the
approval of the department, but the department shall not
refuse to approve such franchise unless another street conveniently located and of strength of construction to sustain
travel of such vehicles is accessible;
(9) Every franchise or permit granted any person by a
city or town for use of any portion of such street by a public
utility must require the grantee or permittee to restore, repair,
and replace any portion of the street damaged or injured by it
to conditions that meet or exceed requirements established by
the department;
(10) The city or town has the right to issue overload or
overwidth permits for vehicles to operate on such streets or
roads subject to regulations printed and distributed to the cities and towns by the department;
(11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such streets, but all regulations
adopted by a city or town relating to speed, parking, and traffic control devices on such streets not identical to state law
relating thereto are subject to the approval of the department
before becoming effective. All regulations pertaining to
speed, parking, and traffic control devices relating to such
streets heretofore adopted by a city or town not identical with
state laws shall become null and void unless approved by the
department heretofore or within one year after March 21,
1963;
(12) The department shall erect, control, and maintain at
state expense all route markers and directional signs, except
street signs, on such streets;
(13) The department shall install, operate, maintain, and
control at state expense all traffic control signals, signs, and
traffic control devices for the purpose of regulating both
pedestrian and motor vehicular traffic on, entering upon, or
leaving state highways in cities and towns having a population of twenty-five thousand or less according to the latest
determination of population by the office of financial management. Such cities and towns may submit to the department a plan for traffic control signals, signs, and traffic control devices desired by them, indicating the location, nature
of installation, or type thereof, or a proposed amendment to
(2008 Ed.)
47.24.030
such an existing plan or installation, and the department shall
consult with the cities or towns concerning the plan before
installing such signals, signs, or devices. Cities and towns
having a population in excess of twenty-five thousand
according to the latest determination of population by the
office of financial management shall install, maintain, operate, and control such signals, signs, and devices at their own
expense, subject to approval of the department for the installation and type only. When the population of a city or town
first exceeds twenty-five thousand according to the determination of population by the office of financial management,
the city or town shall have three years from the date of the
determination to plan for additional staffing, budgetary, and
equipment requirements before being required to assume the
responsibilities under this subsection. For the purpose of this
subsection, striping, lane marking, and channelization are
considered traffic control devices;
(14) All revenue from parking meters placed on such
streets belongs to the city or town;
(15) Rights-of-way for such streets shall be acquired by
either the city or town or by the state as shall be mutually
agreed upon. Costs of acquiring rights-of-way may be at the
sole expense of the state or at the expense of the city or town
or at the expense of the state and the city or town as may be
mutually agreed upon. Title to all such rights-of-way so
acquired shall vest in the city or town: PROVIDED, That no
vacation, sale, rental, or any other nontransportation use of
any unused portion of any such street may be made by the
city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or
any nontransportation use of such rights-of-way shall be
shared by the city or town and the state in the same proportion
as the purchase costs were shared;
(16) If any city or town fails to perform any of its obligations as set forth in this section or in any cooperative agreement entered into with the department for the maintenance of
a city or town street forming part of the route of a state highway, the department may notify the mayor of the city or town
to perform the necessary maintenance within thirty days. If
the city or town within the thirty days fails to perform the
maintenance or fails to authorize the department to perform
the maintenance as provided by RCW 47.24.050, the department may perform the maintenance, the cost of which is to be
deducted from any sums in the motor vehicle fund credited or
to be credited to the city or town. [2007 c 84 § 1; 2001 c 201
§ 8; 1993 c 126 § 1; 1991 c 342 § 52; 1987 c 68 § 1; 1984 c 7
§ 150; 1977 ex.s. c 78 § 7; 1967 c 115 § 1; 1963 c 150 § 1;
1961 c 13 § 47.24.020. Prior: 1957 c 83 § 3; 1955 c 179 § 3;
1953 c 193 § 1; 1949 c 220 § 5, part; 1945 c 250 § 1, part;
1943 c 82 § 10, part; 1937 c 187 § 61, part; Rem. Supp. 1949
§ 6450-61, part.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.24.030 Acquisition of rights-of-way—Condemnation proceedings. The department is authorized to acquire
rights-of-way, by purchase, gift, or condemnation for any
such streets, highways, bridges, and wharves. Any such condemnation proceedings shall be exercised in the manner provided by law for condemnation proceedings to acquire lands
47.24.030
[Title 47 RCW—page 97]
47.24.040
Title 47 RCW: Public Highways and Transportation
required for state highways. [1984 c 7 § 151; 1961 c 13 §
47.24.030. Prior: 1949 c 220 § 5, part; 1945 c 250 § 1, part;
1943 c 82 § 10, part; 1937 c 187 § 61, part; Rem. Supp. 1949
§ 6450-61, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.26
Severability—1984 c 7: See note following RCW 47.01.141.
Right-of-way donations: Chapter 47.14 RCW.
47.24.040 Street fund—Expenditures on streets
forming part of state highway. All funds accruing to the
credit of incorporated cities and towns in the motor vehicle
fund shall be paid monthly to such incorporated cities and
towns and shall, by the respective cities and towns, be placed
in a fund to be designated as "city street fund" and disbursed
as authorized and directed by the legislative authority of the
city or town, as agents of the state, for salaries and wages,
material, supplies, equipment, purchase or condemnation of
right-of-way, engineering or any other proper highway or
street purpose in connection with the construction, alteration,
repair, improvement or maintenance of any city street or
bridge, or viaduct or underpassage along, upon or across such
streets. Such expenditure may be made either independently
or in conjunction with any federal, state or any county funds.
[1961 c 13 § 47.24.040. Prior: 1949 c 220 § 4; 1947 c 96 § 1;
1943 c 82 § 9; 1939 c 181 § 8; 1937 c 187 § 60; Rem. Supp.
1949 § 6450-60.]
47.24.040
47.24.050 Aid on streets by state or county—Payment. If a city or town, whether or not any of its streets are
designated as forming a part of a state highway, is unable to
construct, repair, or maintain its streets for good cause, or if it
is in need of engineering assistance to construct, repair, or
maintain any of its streets, it may authorize the department to
perform such construction, repair, or maintenance, or it may
secure necessary engineering assistance from the department,
to the extent of the funds credited or to be credited in the
motor vehicle fund for payment to the city or town. Any sums
due from a city or town for such purposes shall be paid on
vouchers approved and submitted by the department from
moneys credited to the city or town in the motor vehicle fund,
and the amount of the payments shall be deducted from funds
which would otherwise be paid to the city or town from the
motor vehicle fund. The department may in certain special
cases, in its discretion, enter into an agreement with the governing officials of the city or town for the performance of
such work or services, the terms of which shall provide for
reimbursement of the motor vehicle fund for the benefit of
the state’s share of the fund by the city or town of the cost
thereof from any funds of the city or town on hand and legally
available for the work or services. The city or town may, by
resolution, authorize the legislative authority of the county in
which it is located, to perform any such construction, repair,
or maintenance, and the work shall be paid for by the city or
town at the actual cost thereof as provided for payment for
work performed on city streets, and any payment received
therefor by a county shall be deposited in the county road
fund to be expended under the same provisions as are
imposed upon the funds used to perform the construction,
repair, or maintenance. [1984 c 7 § 152; 1961 c 13 §
47.24.050. Prior: 1951 c 54 § 1; 1949 c 220 § 6; 1943 c 82 §
11; 1937 c 187 § 63; Rem. Supp. 1949 § 6450-63.]
47.24.050
[Title 47 RCW—page 98]
Chapter 47.26 RCW
DEVELOPMENT IN URBAN AREAS—
URBAN ARTERIALS
Sections
47.26.010
47.26.020
47.26.022
47.26.028
47.26.030
47.26.040
47.26.044
47.26.050
47.26.080
47.26.084
47.26.086
47.26.090
47.26.100
47.26.110
47.26.115
47.26.121
47.26.130
47.26.140
47.26.150
47.26.160
47.26.164
47.26.165
47.26.167
47.26.170
47.26.185
47.26.190
47.26.200
47.26.210
47.26.260
47.26.270
47.26.282
47.26.300
47.26.305
47.26.320
47.26.325
47.26.330
47.26.340
47.26.345
Declaration of intent.
Motor vehicle fuel tax—Tax imposed—Rate—Distribution of
proceeds.
Motor vehicle fuel tax—Tax required of nondistributors—
Duties—Procedure—Distribution of proceeds—Penalties.
Special fuel tax—Tax imposed—Rate.
Special fuel tax—Disposition of funds.
"Urban area" defined.
"Board" defined.
Regional grouping for purpose of apportioning urban state
highway funds.
Urban arterial trust account—Withholding of funds for noncompliance.
Transportation improvement account—Certification of funding.
Transportation improvement account projects—Intent—Limitations.
"Arterial" defined.
"City" defined.
"Urban arterial" defined.
Small city program.
Transportation improvement board—Membership—Chair—
Expenses.
Transportation improvement board—Travel expenses.
Transportation improvement board—Executive director,
staff—Finances.
Transportation improvement board—Meetings.
Transportation improvement board—Powers and duties.
City hardship assistance program—Implementation.
Coordination of long-range needs studies.
Jurisdictional transfers.
Long-range arterial construction planning—Arterial inventory
data.
Qualifications for administering and supervising projects—
Rules.
Geographical diversity—Rules.
Counties—Perpetual advanced six-year plans for coordinated
transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.
Cities—Perpetual advanced six-year plans for coordinated
transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.
Payment of funds—Rules—Limitations.
Matching funds requirements.
Land use implications.
Bicycle routes—Legislative declaration.
Bicycle routes—Use of board funds.
Advance right-of-way acquisition—Definition.
Advance right-of-way acquisition—Revolving fund.
Advance right-of-way acquisition—Management of properties
and funds.
Small city pavement and sidewalk account.
Small city pavement and sidewalk funding.
BOND ISSUE—STATE HIGHWAYS IN URBAN AREAS
47.26.400
47.26.401
47.26.402
47.26.403
47.26.404
47.26.405
47.26.406
47.26.407
Issuance and sale of general obligation bonds—Authorized—
Amount—Declaration of purpose.
Bonds—Term—Terms and conditions—Signatures—Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge of
excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Repayment procedure—Bond retirement fund.
Bonds—Sums in excess of retirement requirements—Use.
BOND ISSUE—COUNTY AND CITY ARTERIALS
IN URBAN AREAS
47.26.420
Issuance and sale of general obligation bonds—Authorized—
Amount—Declaration of purpose.
(2008 Ed.)
Development in Urban Areas—Urban Arterials
47.26.421
47.26.422
47.26.423
47.26.424
47.26.425
47.26.4252
47.26.4254
47.26.4255
47.26.426
47.26.427
47.26.440
47.26.450
47.26.460
Bonds—Term—Terms and conditions—Signatures—Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge of
excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Series II bonds, 1979 reenactment—Designation of
funds to repay bonds and interest.
Bonds—Series III bonds—Designation of funds to repay
bonds and interest.
Bonds—Series II bonds, 1979 reenactment—Charge against
fuel tax revenues.
Bonds—Repayment procedure—Bond retirement account.
Bonds—Sums in excess of retirement requirements—Use.
Budget for expenditures from funds administered by board—
Estimate of revenues.
Allocation of funds—Value engineering studies—Rules.
Increase in funds allocated to a project—Rules—Factors.
BOND ISSUE—TRANSPORTATION PROJECTS IN URBAN AREAS
47.26.500
47.26.501
47.26.502
47.26.503
47.26.504
47.26.505
47.26.506
47.26.507
47.26.900
47.26.910
47.26.930
Issuance authorized.
Term—Signatures—Registration—Negotiable instruments.
Denominations—Manner and terms of sale—State investment.
Use of proceeds.
Statement of obligation—Pledge of excise taxes.
Funds for repayment.
Repayment procedure—Bond retirement account.
Sums in excess of retirement requirements—Use.
Severability—1967 ex.s. c 83.
Effective dates—1967 ex.s. c 83.
Construction—1969 ex.s. c 171.
Bicycle transportation management program: RCW 47.04.190.
Public-private transportation initiatives—1994 act: RCW 47.10.834
through 47.10.839.
47.26.010 Declaration of intent. Due to unprecedented
industrial development and population increases, the state of
Washington is confronted with emergency needs for
improvement of state highways, county roads, and city streets
in urban areas. It is the intent of the legislature to provide sufficient new highway revenues to alleviate and prevent intolerable traffic congestion in urban areas without the disruption
of the long range statewide highway program essential to the
economic well-being of the people of this state. [1967 ex.s. c
83 § 1.]
47.26.010
Reviser’s note: Throughout chapter 47.26 RCW the term "this 1967
amendatory act" has been translated to "this chapter." For codification of
"this 1967 amendatory act" [1967 ex.s. c 83], see Codification Tables, Volume 0.
47.26.020 Motor vehicle fuel tax—Tax imposed—
Rate—Distribution of proceeds. See RCW 82.36.020.
47.26.020
47.26.022 Motor vehicle fuel tax—Tax required of
nondistributors—Duties—Procedure—Distribution of
proceeds—Penalties. See RCW 82.36.100.
47.26.022
47.26.080
tions. [1994 c 179 § 7; 1984 c 7 § 153; 1977 ex.s. c 317 § 12;
1975 1st ex.s. c 253 § 1; 1967 ex.s. c 83 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.044 "Board" defined. The term "board" as used
in this chapter means the transportation improvement board.
[1994 c 179 § 6.]
47.26.044
47.26.050 Regional grouping for purpose of apportioning urban state highway funds. For the purpose of
apportioning urban state highway funds, the urban areas of
the state are grouped within five regions of the state as follows:
(1) Puget Sound region shall include those urban areas
within the counties of King, Pierce and Snohomish.
(2) Northwest region shall include those urban areas
within the counties of Clallam, Jefferson, Island, Kitsap, San
Juan, Skagit and Whatcom.
(3) Northeast region shall include those urban areas
within the counties of Adams, Chelan, Douglas, Ferry, Grant,
Lincoln, Okanogan, Pend Oreille, Spokane, Stevens and
Whitman.
(4) Southeast region shall include those urban areas
within the counties of Asotin, Benton, Columbia, Franklin,
Garfield, Kittitas, Klickitat, Walla Walla and Yakima.
(5) Southwest region shall include those urban areas
within the counties of Clark, Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Skamania, Thurston and Wahkiakum. [1967
ex.s. c 83 § 11.]
47.26.050
47.26.080 Urban arterial trust account—Withholding of funds for noncompliance. There is hereby created in
the motor vehicle fund the urban arterial trust account. The
intent of the urban arterial trust account program is to
improve the arterial street system of the state by improving
mobility and safety while supporting an environment essential to the quality of life of the citizens of the state of Washington. The small city program, as provided for in RCW
47.26.115, is implemented within the urban arterial trust
account.
The board shall not allocate funds, nor make payments of
the funds under RCW 47.26.260, to any county, city, or town
identified by the governor under RCW 36.70A.340. [2007 c
148 § 2; 1999 c 94 § 16; 1994 c 179 § 8; 1991 sp.s. c 32 § 32;
1988 c 167 § 13; 1981 c 315 § 2; 1979 c 5 § 1; 1977 ex.s. c
317 § 22; 1967 ex.s. c 83 § 14.]
47.26.080
47.26.028 Special fuel tax—Tax imposed—Rate.
See RCW 82.38.030.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
47.26.030 Special fuel tax—Disposition of funds.
See RCW 82.38.290.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.028
47.26.030
47.26.040 "Urban area" defined. The term "urban
area" as used in this chapter means every area of this state
designated as an urban area by the department in cooperation
with the board and regional transportation planning organiza47.26.040
(2008 Ed.)
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective date—1981 c 315: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 315 § 14.]
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
[Title 47 RCW—page 99]
47.26.084
Title 47 RCW: Public Highways and Transportation
47.26.084 Transportation improvement account—
Certification of funding. The transportation improvement
account is hereby created in the motor vehicle fund. The
intent of the program is to improve mobility of people and
goods in Washington state by supporting economic development and environmentally responsive solutions to our statewide transportation system needs.
Within one year after board approval of an application
for funding, a county, city, or transportation benefit district
shall provide written certification to the board of the pledged
local and/or private funding. Funds allocated to an applicant
that does not certify its funding within one year after approval
may be reallocated by the board. [1999 c 94 § 17; 1994 c 179
§ 10; 1988 c 167 § 2.]
47.26.084
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.086 Transportation improvement account
projects—Intent—Limitations. Transportation improvement account projects selected for funding programs after fiscal year 1995 are governed by the requirements of this section.
The board shall allocate funds from the account by June
30th of each year for the ensuing fiscal year to urban counties, cities with a population of five thousand and over, and to
transportation benefit districts. Projects may include, but are
not limited to, multi-agency projects and arterial improvement projects in fast-growing areas. The board shall endeavor
to provide geographical diversity in selecting improvement
projects to be funded from the account.
The intent of the program is to improve mobility of people and goods in Washington state by supporting economic
development and environmentally responsive solutions to
our statewide transportation system needs.
To be eligible to receive these funds, a project must be
consistent with the Growth Management Act, the Clean Air
Act including conformity, and the Commute Trip Reduction
Law and consideration must have been given to the project’s
relationship, both actual and potential, with the statewide rail
passenger program and rapid mass transit. Projects must be
consistent with any adopted high capacity transportation
plan, must consider existing or reasonably foreseeable congestion levels attributable to economic development or
growth and all modes of transportation and safety, and must
be partially funded by local government or private contributions, or a combination of such contributions. Priority consideration shall be given to those projects with the greatest percentage of local or private contribution, or both.
Within one year after board approval of an application
for funding, the lead agency shall provide written certification to the board of the pledged local and private funding for
the phase of the project approved. Funds allocated to an
applicant that does not certify its funding within one year
after approval may be reallocated by the board. [1994 c 179
§ 11.]
47.26.086
47.26.090 "Arterial" defined. The term "arterial" as
used in this chapter means any state highway, county road, or
city street, in an urban area, that is functionally classified as a
47.26.090
[Title 47 RCW—page 100]
principal arterial, minor arterial, or collector street by the
department in cooperation with the board, regional transportation planning organizations, cities, and counties. The board
shall develop criteria and procedures for designating arterials
in the incorporated cities and towns lying outside urban areas.
[1994 c 179 § 12; 1988 c 167 § 14. Prior: 1967 ex.s. c 83 §
15.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.100 "City" defined. The term "city" as used in
*this chapter shall include incorporated towns. [1967 ex.s. c
83 § 16.]
47.26.100
*Reviser’s note: The term "this chapter" has been substituted for "this
1967 amendatory act." See note following RCW 47.26.010 for codification
of "this 1967 amendatory act" [1967 ex.s. c 83].
47.26.110 "Urban arterial" defined. The term "urban
arterial" as used in *this chapter means an arterial within an
urban area. [1967 ex.s. c 83 § 17.]
47.26.110
*Reviser’s note: The term "this chapter" has been substituted for "this
1967 amendatory act." See note following RCW 47.26.010 for codification
of "this 1967 amendatory act." [1967 ex.s. c 83.]
47.26.115 Small city program. The intent of the small
city program is to preserve and improve the roadway system
consistent with local needs of incorporated cities and towns
with a population of less than five thousand. The board shall
adopt rules and procedures to govern the allocation of funds
distributed to the small city program. [1999 c 94 § 18; 1994
c 179 § 9.]
47.26.115
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
47.26.121 Transportation improvement board—
Membership—Chair—Expenses. (1) There is hereby created a transportation improvement board of twenty-one members, six of whom shall be county members and six of whom
shall be city members. The remaining members shall be: (a)
One representative appointed by the governor who shall be a
state employee with responsibility for transportation policy,
planning, or funding; (b) two representatives from the department of transportation; (c) two representatives of public transit systems; (d) a private sector representative; (e) a member
representing the ports; (f) a member representing nonmotorized transportation; and (g) a member representing special
needs transportation.
(2) Of the county members of the board, one shall be a
county engineer or public works director; one shall be the
executive director of the county road administration board;
one shall be a county planning director or planning manager;
one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred
twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who
serves on the board of a public transit system; and one shall
be a county executive, councilmember, or commissioner
from a county with a population of less than one hundred
twenty-five thousand. All county members of the board,
except the executive director of the county road administration board, shall be appointed. Not more than one county
47.26.121
(2008 Ed.)
Development in Urban Areas—Urban Arterials
member of the board shall be from any one county. No more
than two of the three county-elected officials may represent
counties located in either the eastern or western part of the
state as divided north and south by the summit of the Cascade
mountains.
(3) Of the city members of the board one shall be a chief
city engineer, public works director, or other city employee
with responsibility for public works activities, of a city with a
population of twenty thousand or more; one shall be a chief
city engineer, public works director, or other city employee
with responsibility for public works activities, of a city of less
than twenty thousand population; one shall be a city planning
director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of
twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the
board of a public transit system; and one shall be a mayor,
commissioner, or councilmember of a city of less than twenty
thousand population. All of the city members shall be
appointed. Not more than one city member of the board shall
be from any one city. No more than two of the three cityelected officials may represent cities located in either the
eastern or western part of the state as divided north and south
by the summit of the Cascade mountains.
(4) Of the transit members, at least one shall be a general
manager, executive director, or transit director of a public
transit system in an urban area with a population over two
hundred thousand and at least one representative from a rural
or small urban transit system in an area with a population less
than two hundred thousand.
(5) The private sector member shall be a citizen with
business, management, and transportation related experience
and shall be active in a business community-based transportation organization.
(6) The port member shall be a commissioner or senior
staff person of a public port.
(7) The nonmotorized transportation member shall be a
citizen with a demonstrated interest and involvement with a
nonmotorized transportation group.
(8) The specialized transportation member shall be a citizen with a demonstrated interest and involvement with a
statewide specialized needs transportation group.
(9) Appointments of county, city, Washington department of transportation, transit, port, nonmotorized transportation, special needs transportation, and private sector representatives shall be made by the secretary of the department of
transportation. Appointees shall be chosen from a list of two
persons for each position nominated by the Washington state
association of counties for county members, the association
of Washington cities for city members, the Washington state
transit association for the transit members, and the Washington public ports association for the port member. The private
sector, nonmotorized transportation, and special needs members shall be sought through classified advertisements in
selected newspapers collectively serving all urban areas of
the state, and other appropriate means. Persons applying for
the private sector, nonmotorized transportation, or special
needs transportation member position must provide a letter of
interest and a resume to the secretary of the department of
transportation. In the case of a vacancy, the appointment shall
be only for the remainder of the unexpired term in which the
(2008 Ed.)
47.26.130
vacancy has occurred. A vacancy shall be deemed to have
occurred on the board when any member elected to public
office completes that term of office or is removed therefrom
for any reason or when any member employed by a political
subdivision terminates such employment for whatsoever reason or when a private sector, nonmotorized transportation, or
special needs transportation member resigns or is unable or
unwilling to serve.
(10) Appointments shall be for terms of four years.
Terms of all appointed members shall expire on June 30th of
even-numbered years. The initial term of appointed members
may be for less than four years. No appointed member may
serve more than two consecutive four-year terms.
(11) The board shall elect a chair from among its members for a two-year term.
(12) Expenses of the board shall be paid in accordance
with RCW 47.26.140.
(13) For purposes of this section, "public transit system"
means a city-owned transit system, county transportation
authority, metropolitan municipal corporation, public transportation benefit area, or regional transit authority. [1996 c
49 § 1; 1995 c 269 § 2603; 1994 c 179 § 13; 1993 c 172 § 1.
Prior: 1991 c 363 § 124; 1991 c 308 § 1; 1990 c 266 § 4; 1988
c 167 § 1.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Effective date—1993 c 172: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 172 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1991 c 308: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 308 § 2.]
References to urban arterial board—1988 c 167: "References in the
Revised Code of Washington to the urban arterial board shall be construed to
mean the transportation improvement board." [1988 c 167 § 35.]
Savings—1988 c 167: "All rules and all pending business before the
urban arterial board shall be continued and acted upon by the transportation
improvement board. All existing contracts and obligations of the urban arterial board shall remain in full force and shall be performed by the transportation improvement board." [1988 c 167 § 36.]
Severability—1988 c 167: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 167 § 37.]
47.26.130 Transportation improvement board—
Travel expenses. Members of the transportation improvement board shall receive no compensation for their services
on the board, but shall be reimbursed for travel expenses
incurred while attending meetings of the board or while
engaged on other business of the board when authorized by
the board in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. [1988 c 167 § 15;
1975-’76 2nd ex.s. c 34 § 139; 1975 1st ex.s. c 1 § 2; 1969
ex.s. c 171 § 2; 1967 ex.s. c 83 § 19.]
47.26.130
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
[Title 47 RCW—page 101]
47.26.140
Title 47 RCW: Public Highways and Transportation
47.26.140 Transportation improvement board—
Executive director, staff—Finances. The transportation
improvement board shall appoint an executive director, who
shall serve at its pleasure and whose salary shall be set by the
board, and may employ additional staff as it deems appropriate. All costs associated with staff, together with travel
expenses in accordance with RCW 43.03.050 and 43.03.060,
shall be paid from the urban arterial trust account, public
transportation systems account, and the transportation
improvement account in the motor vehicle fund as determined by the biennial appropriation. [1999 c 94 § 19; 1996 c
49 § 2; 1995 c 269 § 2605; 1994 c 179 § 14; 1988 c 167 § 16;
1977 ex.s. c 151 § 58; 1975-’76 2nd ex.s. c 34 § 140; 1969
ex.s. c 171 § 3; 1967 ex.s. c 83 § 20.]
47.26.140
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
47.26.150 Transportation improvement board—
Meetings. The transportation improvement board shall meet
at least once quarterly and upon the call of its chairman and
shall from time to time adopt rules and regulations for its own
government and as may be necessary for it to discharge its
duties and exercise its powers under this chapter. [1988 c 167
§ 17. Prior: 1967 ex.s. c 83 § 21.]
47.26.150
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.160 Transportation improvement board—
Powers and duties. The transportation improvement board
shall:
(1) Adopt rules necessary to implement the provisions of
chapter 47.66 RCW and this chapter relating to the allocation
of funds;
(2) Adopt reasonably uniform design standards for city
and county arterials. [1995 c 269 § 2607; 1994 c 179 § 15;
1988 c 167 § 18; 1987 c 505 § 51; 1984 c 7 § 155; 1977 ex.s.
c 235 § 17; 1971 ex.s. c 291 § 1; 1967 ex.s. c 83 § 22.]
47.26.160
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.164 City hardship assistance program—Implementation. The board shall adopt reasonable rules necessary
to implement the city hardship assistance program as recommended by the road jurisdiction study.
The following criteria shall be used to implement the
program:
(1) Cities with a population of twenty thousand or less
and a net gain in cost responsibility due to jurisdictional
transfers in chapter 342, Laws of 1991, and thereafter under
RCW 47.26.167, are eligible to receive money from the small
47.26.164
[Title 47 RCW—page 102]
city pavement and sidewalk account created in RCW
47.26.340;
(2) The board shall develop criteria and procedures
under which eligible cities may receive funding for rehabilitation projects on transferred city streets; and
(3) The amount spent for the city hardship assistance
program shall not exceed the amount deposited under RCW
46.68.110(3). [2007 c 148 § 3; 1999 c 94 § 20; 1991 c 342 §
60.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.26.165 Coordination of long-range needs studies.
See RCW 47.01.240.
47.26.165
47.26.167 Jurisdictional transfers. The legislature
recognizes the need for a multijurisdictional body to review
future requests for jurisdictional transfers. The board is
hereby directed, beginning September 1, 1991, to receive
petitions from cities, counties, or the state requesting any
addition or deletion from the state highway system. The
board is required to utilize the criteria established in RCW
47.17.001 in evaluating petitions and to adopt rules for
implementation of this process. The board shall forward to
the senate and house transportation committees by November
15 each year any recommended jurisdictional transfers.
[2005 c 319 § 130; 1991 c 342 § 62.]
47.26.167
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Effective dates—1991 c 342: "(1) Sections 62 and 63 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect June 1, 1991.
(2) The remainder of this act shall take effect April 1, 1992." [1991 c
342 § 68.]
47.26.170 Long-range arterial construction planning—Arterial inventory data. Each county having within
its boundaries an urban area and cities and towns shall prepare and submit to the transportation improvement board
arterial inventory data required to determine the long-range
arterial construction needs. The counties, cities, and towns
shall revise the arterial inventory data every four years to
show the current arterial construction needs through the
advanced planning period, and as revised shall submit them
to the transportation improvement board during the first week
of January every four years beginning in 1996. The inventory data shall be prepared pursuant to guidelines established
by the transportation improvement board. As information is
updated, it shall be made available to the commission. [2005
c 319 § 131; 1994 c 179 § 16; 1988 c 167 § 19; 1984 c 7 §
156; 1971 ex.s. c 291 § 2; 1967 ex.s. c 83 § 23.]
47.26.170
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.185 Qualifications for administering and
supervising projects—Rules. The transportation improvement board may adopt rules establishing qualifications for
47.26.185
(2008 Ed.)
Development in Urban Areas—Urban Arterials
cities and counties administering and supervising the design
and construction of projects financed in part from funds
administered by the board. The rules establishing qualification shall take into account the resources and population of
the city or county, its permanent engineering staff, its design
and construction supervision experience, and other factors
the board deems appropriate. Any city or county failing to
meet the qualifications established by the board for administering and supervising a project shall contract with a qualified
city or county or the department for the administration and
supervision of the design and construction of any approved
project as a condition for receiving funds for the project.
[1994 c 179 § 17; 1988 c 167 § 21; 1984 c 7 § 157; 1975 1st
ex.s. c 253 § 4.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.190 Geographical diversity—Rules. The board
shall adopt rules that provide geographical diversity in selecting improvement projects to be funded from the urban arterial trust account and *small city account funds. [1994 c 179
§ 18; 1988 c 167 § 22; 1987 c 360 § 1; 1981 c 315 § 4; 1979
c 151 § 162; 1977 ex.s. c 317 § 14; 1973 1st ex.s. c 126 § 2;
1971 ex.s. c 291 § 3; 1969 ex.s. c 171 § 4; 1967 ex.s. c 83 §
25.]
47.26.190
*Reviser’s note: The "small city account" was renamed the "small city
program" pursuant to 1999 c 94 § 18.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—1981 c 315: See note following RCW 47.26.080.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
Population determinations, office of financial management: Chapter 43.62
RCW.
47.26.200 Counties—Perpetual advanced six-year
plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-ofway. See RCW 36.81.121.
47.26.200
47.26.210 Cities—Perpetual advanced six-year plans
for coordinated transportation program, expenditures—
Nonmotorized transportation—Railroad right-of-way.
See RCW 35.77.010.
47.26.210
47.26.260 Payment of funds—Rules—Limitations.
The transportation improvement board shall adopt rules providing for the approval of payments of funds in the accounts
to a county, city, town, or transportation benefit district for
costs of predesign, design, engineering, and costs of construction of an approved project from time to time as work
progresses. These payments shall at no time exceed the
account share of the costs incurred to the date of the voucher
covering such payment. [1994 c 179 § 19; 1988 c 167 § 26;
1973 1st ex.s. c 126 § 1; 1967 ex.s. c 83 § 32.]
47.26.260
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.270 Matching funds requirements. Counties,
cities, towns, and transportation benefit districts receiving
47.26.270
(2008 Ed.)
47.26.305
funds from the board shall provide such matching funds as
established by rules adopted by the transportation improvement board. When determining matching requirements, the
board shall consider (1) financial resources available to counties and cities to meet arterial needs, (2) the amounts and percentages of funds available for road or street construction traditionally expended by counties and cities on arterials, (3) in
the case of counties, the relative needs of arterials lying outside urban areas, and (4) the requirements necessary to avoid
diversion of funds traditionally expended for arterial construction to other street or road purposes or to nonhighway
purposes. [1994 c 179 § 20; 1988 c 167 § 27; 1983 1st ex.s.
c 49 § 22; 1977 ex.s. c 317 § 16; 1967 ex.s. c 83 § 33.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.282 Land use implications. In any project
funded by the transportation improvement board, except for
projects in cities having a population of less than five thousand persons, and in addition to any other items required to be
considered by statute, the board also shall consider the land
use implications of the project, such as whether the programs
and projects:
(1) Support development in and revitalization of existing
downtowns;
(2) Implement local comprehensive plans for rural and
urban residential and nonresidential densities;
(3) Have land use planning and regulations encouraging
compact development for rural and urban residential and
nonresidential densities; and
(4) Promote the use of multimodal transportation. [2002
c 189 § 5.]
47.26.282
47.26.300 Bicycle routes—Legislative declaration.
The state of Washington is confronted with emergency shortages of energy sources utilized for the transportation of its
citizens and must seek alternative methods of providing public mobility.
Bicycles are suitable for many transportation purposes,
and are pollution-free in addition to using a minimal amount
of resources and energy. However, the increased use of bicycles for both transportation and recreation has led to an
increase in both fatal and nonfatal injuries to bicyclists.
The legislature therefore finds that the establishment,
improvement, and upgrading of bicycle routes is necessary to
promote public mobility, conserve energy, and provide for
the safety of the bicycling and motoring public. [1974 ex.s. c
141 § 1.]
47.26.300
47.26.305 Bicycle routes—Use of board funds. Bicycle routes shall, when established in accordance with RCW
47.06.100 be eligible for establishment, improvement, and
upgrading with board funds. The board shall adopt rules and
procedures that will encourage the development of a system
of bicycle routes within counties, cities, and towns. [1994 c
179 § 21; 1988 c 167 § 28; 1974 ex.s. c 141 § 2.]
47.26.305
[Title 47 RCW—page 103]
47.26.320
Title 47 RCW: Public Highways and Transportation
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.320
47.26.320 Advance right-of-way acquisition—Definition. The term "advance right-of-way acquisition" as used in
this chapter means the acquisition of property and property
rights, together with the engineering costs necessary for the
advance right-of-way acquisition. Property or property rights
purchased must be for projects approved by the transportation improvement board or the county road administration
board as part of a city or county six-year plan or program.
[2001 c 201 § 1.]
47.26.325
47.26.325 Advance right-of-way acquisition—
Revolving fund. The city and county advance right-of-way
revolving fund is created in the custody of the treasurer. The
transportation improvement board is the administrator of the
fund and may deposit directly and spend without appropriation.
The transportation improvement board and the county
road administration board, in consultation with the association of Washington cities and the Washington association of
counties, shall adopt reasonable rules and develop policies to
implement this program. [2001 c 201 § 2.]
47.26.330
47.26.330 Advance right-of-way acquisition—Management of properties and funds. (1) After any properties
or property rights are acquired through funds in the city and
county advance right-of-way revolving fund, the acquiring
city or county is responsible for the management of the properties in accordance with sound business practices and shall
provide annual status reports to the board. Funds received by
the city or county from the interim management of the properties must be deposited into the city and county advance
right-of-way revolving fund.
(2) When the city or county proceeds with the construction of an arterial project that will require the use of any of the
property so acquired, the city or county shall reimburse the
city and county advance right-of-way revolving fund. Reimbursement must reflect the original cost of the acquired property or property rights required for the project plus an interest
rate as determined annually by the board. The board shall
report on the interest rate set to the transportation committees
through its annual report.
(3) When the city or county determines that any properties or property rights acquired from funds in the city and
county advance right-of-way revolving fund will not be
required for an arterial construction project or the property
has been held by the city or county for more than six years,
the city or county shall either sell the property at fair market
value or reimburse the fund at fair market value. All proceeds
of the sale must be deposited in the city and county advance
right-of-way revolving fund. At the board’s discretion, a portion of savings on transportation improvement board projects
realized through the use of the city and county advance
[right-of-way] revolving fund may be deposited back into the
city and county advance right-of-way revolving fund.
(4) Deposits in the fund may be reexpended without further or additional appropriations. [2001 c 201 § 3.]
[Title 47 RCW—page 104]
47.26.340
47.26.340 Small city pavement and sidewalk account.
The small city pavement and sidewalk account is created in
the state treasury. All state money allocated to the small city
pavement and sidewalk account for the ongoing support of
cities and towns must be deposited into the account. Money
in the account may be spent only after appropriation. Expenditures from the account must be used for small city pavement and sidewalk projects or improvements selected by the
board in accordance with RCW 47.26.164 or 47.26.345, to
pay principal and interest on bonds authorized for these
projects or improvements, to make grants or loans in accordance with this chapter, or to pay for engineering feasibility
studies selected by the board. [2007 c 148 § 4; 2005 c 83 § 2.]
Findings—2005 c 83: "The state legislature finds that it is in the state’s
interest to support the economic vitality of all cities and towns and recognizes that those cities and towns with a population of less than five thousand
are unable to fully maintain and preserve their street system. Therefore, the
legislature finds it is necessary to create a small city pavement and sidewalk
account." [2005 c 83 § 1.]
Effective dates—2005 c 83: "Except for section 5 of this act which
takes effect July 1, 2006, this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 2005." [2005 c 83 §
6.]
47.26.345
47.26.345 Small city pavement and sidewalk funding.
All cities and towns with a population of less than five thousand are eligible to receive money from the small city pavement and sidewalk account created under RCW 47.26.340 for
maintenance, repair, and resurfacing of city and town streets.
The board shall determine the allocation of money based on:
(1) The amount of available funds within the small city
pavement and sidewalk account;
(2) Whether the city or town meets one or more of the
following criteria:
(a) The city or town has identified a street in a six-year
transportation improvement plan, as defined by RCW
35.77.010, or a project identified through the use of a pavement management system;
(b) The city or town has provided pavement rating information on the proposed street improvement or street network
improvement;
(c) The city or town has provided sidewalk information
on the proposed sidewalk system improvement;
(d) The city or town has provided information, where
available, on traffic conditions for truck routes, bus routes,
and traffic volumes;
(e) The city or town has the ability to provide a local
match as demonstrated by one or more of the following:
(i) A funding match based upon a city’s assessed valuation;
(ii) Community involvement and support, including volunteer participation, such as landscaping and maintaining
landscaping along the street or sidewalk system; or
(iii) Partnership efforts with federal or other state programs, including the department of community, trade, and
economic development mainstreet program. [2005 c 83 § 3.]
Findings—Effective dates—2005 c 83: See notes following RCW
47.26.340.
(2008 Ed.)
Development in Urban Areas—Urban Arterials
BOND ISSUE—STATE HIGHWAYS IN URBAN AREAS
47.26.400 Issuance and sale of general obligation
bonds—Authorized—Amount—Declaration of purpose.
In order to provide funds necessary to meet the urgent needs
for highway construction on state highways within urban
areas, there shall be issued and sold general obligation bonds
of the state of Washington in the sum of two hundred million
dollars or such amount thereof and at such times as determined to be necessary by the commission. The amount of the
bonds issued and sold under the provisions of RCW
47.26.400 through 47.26.407 in any biennium shall not
exceed the amount of a specific appropriation therefor from
the proceeds of such bonds, for the construction of state highways in urban areas. The issuance, sale, and retirement of the
bonds shall be under the supervision and control of the state
finance committee which, upon request being made by the
commission, shall provide for the issuance, sale, and retirement of coupon or registered bonds to be dated, issued, and
sold from time to time in such amounts as shall be requested
by the commission. [1984 c 7 § 161; 1973 1st ex.s. c 169 § 1;
1967 ex.s. c 83 § 36.]
47.26.400
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.401 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
instruments. Each of such bonds shall be made payable at
any time not exceeding thirty years from the date of its issuance, with such reserved rights of prior redemption, bearing
such interest, and such terms and conditions, as the state
finance committee may prescribe to be specified therein. The
bonds shall be signed by the governor and the state treasurer
under the seal of the state, one of which signatures shall be
made manually and the other signature may be in printed facsimile, and any coupons attached to such bonds shall be
signed by the same officers whose signatures thereon may be
in printed facsimile. Any bonds may be registered in the
name of the holder on presentation to the state treasurer or at
the fiscal agency of the state of Washington in New York
City, as to principal alone, or as to both principal and interest
under such regulations as the state treasurer may prescribe.
Such bonds shall be payable at such places as the state
finance committee may provide. All bonds issued hereunder
shall be fully negotiable instruments. [1973 1st ex.s. c 169 §
2; 1967 ex.s. c 83 § 37.]
47.26.401
47.26.402 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and may be sold in
such manner and in such amounts and at such times and on
such terms and conditions as the committee may prescribe. If
the bonds are sold to any purchaser other than the state of
Washington, they shall be sold at public sale, and it shall be
the duty of the state finance committee to cause such sale to
be advertised in such manner as it shall deem sufficient.
Bonds issued under the provisions of RCW 47.26.400
through 47.26.407 shall be legal investment for any of the
funds of the state, except the permanent school fund. [1967
ex.s. c 83 § 38.]
47.26.402
(2008 Ed.)
47.26.406
47.26.403 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be deposited in the state treasury to the credit of the motor vehicle
fund and such money shall be available only for the construction of state highways within the urban areas of the state, and
for payment of the expenses incurred in the printing, issuance, and sale of any such bonds. [1967 ex.s. c 83 § 39.]
47.26.403
47.26.404 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of RCW 47.26.400 through 47.26.407 shall distinctly state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become due. The
principal of and interest on such bonds shall be first payable
in the manner provided in RCW 47.26.400 through 47.26.407
from the proceeds of state excise taxes on motor vehicle fuels
imposed by chapter 82.36 RCW and *chapter 82.40 RCW.
The proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.26.400 through 47.26.407, and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay, when due, the principal and interest on all bonds issued
under the provisions of RCW 47.26.400 through 47.26.407.
[1973 1st ex.s. c 169 § 3; 1967 ex.s. c 83 § 40.]
47.26.404
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33; for later enactment, see chapter 82.38 RCW.
47.26.405 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle and special fuels
and which is distributed to the state under the provisions of
*RCW 46.68.090(1)(c) for construction of state highways in
urban areas, and shall never constitute a charge against any
allocations of any other such funds to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise taxes on motor vehicle and
special fuels and available to the state for construction of
state highways in urban areas proves insufficient to meet the
requirements for bond retirement or interest on any such
bonds. [1999 c 269 § 5; 1977 ex.s. c 317 § 17; 1967 ex.s. c
83 § 41.]
47.26.405
*Reviser’s note: RCW 46.68.090 was amended by 2003 c 361 § 403,
changing subsection (1)(c) to subsection (2)(a).
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.406 Bonds—Repayment procedure—Bond
retirement fund. At least one year prior to the date any
interest is due and payable on such bonds or before the maturity date of any such bonds, the state finance committee shall
estimate, subject to the provisions of RCW 47.26.405, the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor vehicle fuels, for each month of the year which shall be required
47.26.406
[Title 47 RCW—page 105]
47.26.407
Title 47 RCW: Public Highways and Transportation
to meet interest or bond payments hereunder when due, and
shall notify the state treasurer of such estimated requirement.
The state treasurer shall thereafter from time to time each
month as such funds are paid into the motor vehicle fund,
transfer such percentage of the monthly receipts from excise
taxes on motor vehicle fuels of the motor vehicle fund to the
bond retirement fund, hereby created, which fund shall be
available solely for payment of interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1967 ex.s.
c 83 § 42.]
Appropriation—Expenditure limited to bond sale proceeds—1981 c
315: "There is appropriated from the urban arterial trust account in the
motor vehicle fund to the urban arterial board for the biennium ending June
30, 1983, the sum of thirty-five million dollars, or so much thereof as may be
necessary, to carry out section 5 of this act: PROVIDED, That the money
available for expenditure under this appropriation may not exceed the
amount of money derived from the sale of bonds authorized by section 5 of
this act and deposited to the credit of the urban arterial trust account in the
motor vehicle fund." [1981 c 315 § 13.]
47.26.407 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor vehicle fuels
payable into the bond retirement fund, shall prove more than
is required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion
of the state finance committee, be available for the prior
redemption of any bonds or remain available in the fund to
reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1967 ex.s. c 83 § 43.]
47.26.421 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
instruments. Each of such first authorization bonds, series II
bonds, and series III bonds shall be made payable at any time
not exceeding thirty years from the date of its issuance, with
such reserved rights of prior redemption, bearing such interest, and such terms and conditions, as the state finance committee may prescribe to be specified therein. The bonds shall
be signed by the governor and the state treasurer under the
seal of the state, either or both of which signatures may be in
printed facsimile, and any coupons attached to such bonds
shall be signed by the same officers whose signatures thereon
may be in printed facsimile. Any bonds may be registered in
the name of the holder on presentation to the state treasurer or
at the fiscal agency of the state of Washington in Seattle or
New York City, as to principal alone, or as to both principal
and interest under such regulations as the state treasurer may
prescribe. Such bonds shall be payable at such places as the
state finance committee may provide. All bonds issued hereunder shall be fully negotiable instruments. [1986 c 290 § 3;
1981 c 315 § 6; 1979 c 5 § 4; 1973 1st ex.s. c 169 § 5; 1967
ex.s. c 83 § 46.]
47.26.407
BOND ISSUE—COUNTY AND CITY ARTERIALS
IN URBAN AREAS
47.26.420
47.26.420 Issuance and sale of general obligation
bonds—Authorized—Amount—Declaration of purpose.
In order to provide funds necessary to meet the urgent construction needs on county and city arterials within urban
areas, there are hereby authorized for issuance general obligation bonds of the state of Washington, the first authorization of which shall be in the sum of two hundred fifty million
dollars, and the second authorization of which, to be known
as series II bonds, shall be in the sum of sixty million dollars,
and the third authorization of which, to be known as series III
bonds, shall be in the sum of one hundred million dollars,
which shall be issued and sold in such amounts and at such
times as determined to be necessary by the transportation
improvement board. The amount of such bonds issued and
sold under the provisions of RCW 47.26.420 through
47.26.427 in any biennium shall not exceed the amount of a
specific appropriation therefor, from the proceeds of such
bonds, for the construction of county and city arterials in
urban areas. The issuance, sale, and retirement of said bonds
shall be under the supervision and control of the state finance
committee which, upon request being made by the transportation improvement board, shall provide for the issuance,
sale, and retirement of coupon or registered bonds to be
dated, issued, and sold from time to time in such amounts as
shall be requested by the transportation improvement board.
[2007 c 519 § 6; 1981 c 315 § 5; 1979 c 5 § 3. Prior: 1977
ex.s. c 317 § 18; 1973 1st ex.s. c 169 § 4; 1967 ex.s. c 83 §
45.]
Effective date—1981 c 315: See note following RCW 47.26.080.
[Title 47 RCW—page 106]
Construction—1979 c 5: "Nothing in this 1979 act shall be construed
to impair the obligations of any first authorization bonds issued or to be
issued under RCW 47.26.420 through 47.26.427, or to enlarge the original
authorization thereof over two hundred million dollars, and the retirement of
and issuance of the remainder of the authorized amount of such bonds shall
proceed in accordance with law under the supervision of the state finance
committee." [1979 c 5 § 12.]
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.421
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.422 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The first
authorization bonds, series II bonds, and series III bonds
issued hereunder shall be in denominations to be prescribed
by the state finance committee and may be sold in such manner and in such amounts and at such times and on such terms
and conditions as the committee may prescribe. The state
finance committee may obtain insurance, letters of credit, or
other credit facility devices with respect to the bonds and may
authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring
the payment or enhancing the marketability of the bonds.
Promissory notes or other obligations issued pursuant to this
section shall not constitute a debt or the contracting of indebtedness under any constitutional or statutory indebtedness
limitation if their payment is conditioned upon the failure of
the state to pay the principal of or interest on the bonds with
respect to which the promissory notes or other obligations
relate. The state finance committee may authorize the issu47.26.422
(2008 Ed.)
Development in Urban Areas—Urban Arterials
ance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower
total interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project for
which they were issued. Bonds issued under the provisions of
RCW 47.26.420 through 47.26.427 and 47.26.425 shall be
legal investment for any of the funds of the state, except the
permanent school fund. [1986 c 290 § 4; 1981 c 315 § 7;
1979 c 5 § 5; 1967 ex.s. c 83 § 47.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.423 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of the first authorization
bonds, series II bonds, and series III bonds shall be deposited
in the state treasury to the credit of the urban arterial trust
account in the motor vehicle fund, and such money shall be
available only for the construction and improvement of
county and city urban arterials, and for payment of the
expense incurred in the printing, issuance, and sale of any
such bonds. The costs of obtaining insurance, letters of credit,
or other credit enhancement devices with respect to the bonds
shall be considered to be expenses incurred in the issuance
and sale of the bonds. [1986 c 290 § 5; 1981 c 315 § 8; 1979
c 5 § 6; 1967 ex.s. c 83 § 48.]
47.26.423
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.424 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. The first authorization
bonds, series II bonds, and series III bonds shall distinctly
state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay such principal
and interest as the same shall become due. The principal and
interest on such bonds shall be first payable in the manner
provided in RCW 47.26.420 through 47.26.427, 47.26.425,
and 47.26.4254 from the proceeds of state excise taxes on
motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. The proceeds of such excise taxes are
hereby pledged to the payment of any such bonds and the
interest thereon, and the legislature hereby agrees to continue
to impose the same excise taxes on motor vehicle and special
fuels in amounts sufficient to pay, when due, the principal
and interest on all such bonds. [1995 c 274 § 11; 1981 c 315
§ 9; 1979 c 5 § 7; 1977 ex.s. c 317 § 19; 1973 1st ex.s. c 169
§ 6; 1967 ex.s. c 83 § 49.]
47.26.424
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.425 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay the first
authorization of two hundred fifty million dollars of bonds
authorized by RCW 47.26.420, as amended by section 18,
chapter 317, Laws of 1977 ex. sess. or the interest thereon
when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on
47.26.425
(2008 Ed.)
47.26.4252
motor vehicle and special fuels and which is distributed to the
urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(2)(e), and shall never constitute a
charge against any allocations of any other such funds in the
motor vehicle fund to the state, counties, cities, and towns
unless and until the amount of the motor vehicle fund arising
from the excise tax on motor vehicle and special fuels and
distributed to the urban arterial trust account proves insufficient to meet the requirements for bond retirement or interest
on any such bonds. [2007 c 519 § 7; 1999 sp.s. c 1 § 609.
Prior: 1999 c 269 § 6; 1999 c 94 § 21; 1994 c 179 § 22; 1977
ex.s. c 317 § 20; 1967 ex.s. c 83 § 50.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
47.26.4252 Bonds—Series II bonds, 1979 reenactment—Designation of funds to repay bonds and interest.
Any funds required to repay the authorization of series II
bonds authorized by RCW 47.26.420, as reenacted by section
3, chapter 5, Laws of 1979, or the interest thereon when due,
shall first be taken from that portion of the motor vehicle fund
which results from the imposition of excise taxes on motor
vehicle and special fuels imposed by chapters 82.36 and
82.38 RCW and which is distributed to the urban arterial trust
account in the motor vehicle fund pursuant to *RCW
46.68.090(1)(g), subject, however, to the prior lien of the first
authorization of bonds authorized by RCW 47.26.420, as
reenacted by section 3, chapter 5, Laws of 1979. If the moneys distributed to the urban arterial trust account shall ever be
insufficient to repay the first authorization bonds together
with interest thereon, and the series II bonds or the interest
thereon when due, the amount required to make such payments on such bonds or interest thereon shall next be taken
from that portion of the motor vehicle fund which results
from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities,
and towns pursuant to RCW 46.68.090. Any payments on
such bonds or interest thereon taken from motor vehicle or
special fuel tax revenues which are distributable to the state,
counties, cities, and towns, shall be repaid from the first moneys distributed to the urban arterial trust account not required
for redemption of the first authorization bonds or series II and
series III bonds or interest on those bond issues. [1999 sp.s.
c 1 § 610. Prior: 1999 c 269 § 7; 1999 c 94 § 22; 1995 c 274
§ 12; 1994 c 179 § 23; 1983 1st ex.s. c 49 § 23; 1979 c 5 § 8.]
47.26.4252
*Reviser’s note: RCW 46.68.090 was amended by 2003 c 361 § 403,
changing subsection (1)(g) to subsection (2)(e).
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Construction—1979 c 5: See note following RCW 47.26.420.
[Title 47 RCW—page 107]
47.26.4254
Title 47 RCW: Public Highways and Transportation
47.26.4254 Bonds—Series III bonds—Designation of
funds to repay bonds and interest. (1) Any funds required
to repay series III bonds authorized by RCW 47.26.420, or
the interest thereon, when due shall first be taken from that
portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels
imposed by chapters 82.36 and 82.38 RCW and that is distributed to the urban arterial trust account in the motor vehicle fund pursuant to *RCW 46.68.090(1)(g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420. If the moneys so distributed to the
urban arterial trust account, after first being applied to administrative expenses of the transportation improvement board
and to the requirements of bond retirement and payment of
interest on first authorization bonds and series II bonds as
provided in RCW 47.26.425 and 47.26.4252, are insufficient
to meet the requirements for bond retirement or interest on
any series III bonds, the amount required to make such payments on series III bonds or interest thereon shall next be
taken from that portion of the motor vehicle fund that results
from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state, counties, cities,
and towns pursuant to RCW 46.68.090, subject, however, to
subsection (2) of this section.
(2) To the extent that moneys so distributed to the urban
arterial trust account are insufficient to meet the requirements
for bond retirement or interest on any series III bonds, sixty
percent of the amount required to make such payments when
due shall first be taken from that portion of the motor vehicle
fund that results from the imposition of excise taxes on motor
vehicle and special fuels and that is distributed to the state.
The remaining forty percent shall first be taken from that portion of the motor vehicle fund that results from the imposition
of excise taxes on motor vehicle and special fuels and that is
distributed to the cities and towns pursuant to *RCW
46.68.090(1)(i) and to the counties pursuant to *RCW
46.68.090(1)(j). Of the counties’, cities’, and towns’ share of
any additional amounts required in each fiscal year, the percentage thereof to be taken from the counties’ distributive
share and from the cities’ and towns’ distributive share shall
correspond to the percentage of funds authorized for specific
county projects and for specific city and town projects,
respectively, from the proceeds of series III bonds, for the
period through the first eleven months of the prior fiscal year
as determined by the chairman of the transportation improvement board and reported to the state finance committee and
the state treasurer not later than the first working day of June.
(3) Any payments on such bonds or interest thereon
taken from motor vehicle or special fuel tax revenues that are
distributable to the state, counties, cities, and towns shall be
repaid from the first moneys distributed to the urban arterial
trust account not required for redemption of the first authorization bonds, series II bonds, or series III bonds or interest on
these bonds. [1999 sp.s. c 1 § 611. Prior: 1999 c 269 § 8;
1999 c 94 § 23; 1995 c 274 § 13; 1994 c 179 § 24; 1988 c 167
§ 30; 1983 1st ex.s. c 49 § 24; 1981 c 315 § 10.]
47.26.4254
*Reviser’s note: RCW 46.68.090 was amended by 2003 c 361 § 403,
changing subsection (1)(g), (i), and (j) to subsection (2)(e), (g), and (h).
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
[Title 47 RCW—page 108]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—1981 c 315: See note following RCW 47.26.080.
47.26.4255 Bonds—Series II bonds, 1979 reenactment—Charge against fuel tax revenues. Except as otherwise provided by statute, the series II bonds issued under
authority of RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979, the bonds authorized by RCW 47.60.560
through 47.60.640, and any general obligation bonds of the
state of Washington which may be authorized by the fortysixth legislature or thereafter and which pledge motor vehicle
and special fuel excise taxes for the payment of principal and
interest thereon shall be an equal charge against the revenues
from such motor vehicle and special fuel excise taxes. [1979
c 5 § 9.]
47.26.4255
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.426 Bonds—Repayment procedure—Bond
retirement account. At least one year prior to the date any
interest is due and payable on such first authorization bonds,
series II bonds, and series III bonds or before the maturity
date of any such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.26.425,
47.26.4252, and 47.26.4254 the percentage of the receipts in
money of the motor vehicle fund, resulting from collection of
excise taxes on motor vehicle and special fuels, for each
month of the year which shall be required to meet interest or
bond payments hereunder when due, and shall notify the state
treasurer of such estimated requirement. The state treasurer,
subject to RCW 47.26.425, 47.26.4252, and 47.26.4254,
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage
of the monthly receipts from excise taxes on motor vehicle
and special fuels of the motor vehicle fund to the transportation improvement board bond retirement account, maintained
in the office of the state treasurer, which fund shall be available for payment of interest or bonds when due. If in any
month it shall appear that the estimated percentage of money
so made is insufficient to meet the requirements for interest
or bond retirement, the treasurer shall notify the state finance
committee forthwith and such committee shall adjust its estimates so that all requirements for interest and principal of all
bonds issued shall be fully met at all times. [1999 c 268 § 1;
1981 c 315 § 11; 1979 c 5 § 10; 1967 ex.s. c 83 § 51.]
47.26.426
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.427 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor vehicle and
special fuels payable into the transportation improvement
board bond retirement account, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion
of the state finance committee, be available for the prior
redemption of any bonds or remain available in the fund
47.26.427
(2008 Ed.)
Development in Urban Areas—Urban Arterials
[account] to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1999 c 268 § 2; 1979 c 5 § 11; 1967 ex.s. c
83 § 52.]
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.440 Budget for expenditures from funds
administered by board—Estimate of revenues. Not later
than November 1st of each even-numbered year the transportation improvement board shall prepare and present to the
commission for comment and recommendation an adopted
budget for expenditures from funds administered by the
board during the ensuing biennium. The budget shall contain
an estimate of the revenues to be credited to the several
accounts and the amount, if any, of bond proceeds which the
board determines should be made available through the sale
of bonds in the ensuing biennium. [1994 c 179 § 25; 1988 c
167 § 32; 1984 c 7 § 163; 1967 ex.s. c 83 § 54.]
47.26.440
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.450 Allocation of funds—Value engineering
studies—Rules. The board shall adopt rules and procedures
to govern the allocation of funds subject to the appropriations
actually approved by the legislature.
The board shall develop rules and procedures to require
value engineering studies performed by an interagency team
for certain board funded projects. When determining the process, the board shall consider the project cost, length, and
complexity. [1994 c 179 § 26; 1988 c 167 § 33; 1987 c 360 §
2; 1973 1st ex.s. c 126 § 3; 1969 ex.s. c 171 § 6.]
47.26.450
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.460 Increase in funds allocated to a project—
Rules—Factors. The board shall adopt reasonable rules pursuant to which funds allocated to a project may be increased
upon a subsequent application of the county, city, town, or
transportation benefit district constructing the project. The
rules adopted by the board shall consider the following factors: (1) The financial effect of increasing the original allocation for the project upon other urban arterial projects either
approved or requested; (2) whether the project for which an
additional authorization is requested can be reduced in scope
while retaining a usable segment; (3) whether the cost of the
project shown in the original application was based upon reasonable engineering estimates; and (4) whether the requested
additional authorization is to pay for an expansion in the
scope of work originally approved. [1994 c 179 § 27; 1969
ex.s. c 171 § 7.]
47.26.502
dollars, which shall be issued and sold in such amounts and at
such times as determined to be necessary by the state transportation improvement board. The amount of such bonds
issued and sold under the provisions of RCW 47.26.500
through 47.26.507 in any biennium shall not exceed the
amount of a specific appropriation therefor, from the proceeds of such bonds, for the construction of state, county, and
city transportation projects. The issuance, sale, and retirement of the bonds shall be under the supervision and control
of the state finance committee which, upon request being
made by the board, shall provide for the issuance, sale, and
retirement of coupon or registered bonds to be dated, issued,
and sold from time to time in such amounts as shall be
requested by the board. [2000 2nd sp.s. c 6 § 1; 1994 c 179 §
28; 1993 c 440 § 1.]
47.26.501
47.26.501 Term—Signatures—Registration—Negotiable instruments. Each of such bonds shall be made payable at any time not exceeding thirty years from the date of its
issuance, with such reserved rights of prior redemption, bearing such interest, and such terms and conditions, as the state
finance committee may prescribe to be specified therein. The
bonds shall be signed by the governor and the state treasurer
under the seal of the state, either or both of which signatures
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose signatures thereon may be in printed facsimile. Any bonds may be
registered in the name of the holder on presentation to the
state treasurer or at the fiscal agency of the state of Washington in Seattle or New York City, as to principal alone, or as to
both principal and interest under such rules as the state treasurer may adopt. Such bonds shall be payable at such places
as the state finance committee may provide. All bonds issued
hereunder shall be fully negotiable instruments. [1993 c 440
§ 2.]
47.26.460
BOND ISSUE—TRANSPORTATION PROJECTS
IN URBAN AREAS
47.26.500 Issuance authorized. In order to provide
funds necessary to meet the urgent construction needs on
state, county, and city transportation projects, there are
hereby authorized for issuance general obligation bonds of
the state of Washington in the sum of one hundred million
47.26.500
(2008 Ed.)
47.26.502
47.26.502 Denominations—Manner and terms of
sale—State investment. The bonds issued under RCW
47.26.500 through 47.26.507 shall be in denominations to be
prescribed by the state finance committee and may be sold in
such manner and in such amounts and at such times and on
such terms and conditions as the committee may prescribe.
The state finance committee may obtain insurance, letters of
credit, or other credit facility devices with respect to the
bonds and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing the marketability
of the bonds. Promissory notes or other obligations issued
pursuant to this section shall not constitute a debt or the contracting of indebtedness under any constitutional or statutory
indebtedness limitation if their payment is conditioned upon
the failure of the state to pay the principal of or interest on the
bonds with respect to which the promissory notes or other
obligations relate. The state finance committee may authorize
the issuance of short-term obligations in lieu of long-term
obligations for the purposes of more favorable interest rates,
lower total interest costs, and increased marketability and for
the purpose of retiring the bonds during the life of the project
for which they were issued. Bonds issued under the provisions of RCW 47.26.500 through 47.26.507 shall be legal
[Title 47 RCW—page 109]
47.26.503
Title 47 RCW: Public Highways and Transportation
investment for any of the funds of the state, except the permanent school fund. [1993 c 440 § 3.]
47.26.503 Use of proceeds. The money arising from
the sale of the bonds shall be deposited in the state treasury to
the credit of the transportation improvement account in the
motor vehicle fund, and such money shall be available only
for the construction and improvement of state, county, and
city transportation projects, and for payment of the expense
incurred in the printing, issuance, and sale of any such bonds.
The costs of obtaining insurance, letters of credit, or other
credit enhancement devices with respect to the bonds shall be
considered to be expenses incurred in the issuance and sale of
the bonds. [1993 c 440 § 4.]
47.26.503
47.26.504 Statement of obligation—Pledge of excise
taxes. Bonds issued under the provisions of RCW 47.26.500
through 47.26.507 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same
shall become due. The principal and interest on such bonds
shall be first payable in the manner provided in RCW
47.26.500 through 47.26.507 from the proceeds of state
excise taxes on motor vehicle and special fuels imposed by
chapters 82.36 and 82.38 RCW. The proceeds of such excise
taxes are hereby pledged to the payment of any such bonds
and the interest thereon, and the legislature hereby agrees to
continue to impose the same excise taxes on motor vehicle
and special fuels in amounts sufficient to pay, when due, the
principal and interest on all such bonds. [1995 c 274 § 14;
1993 c 440 § 5.]
47.26.504
47.26.505 Funds for repayment. Any funds required
to repay such bonds, or the interest thereon when due, shall
be taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the transportation improvement account in the motor vehicle fund under
*RCW 46.68.090(1)(h), and shall never constitute a charge
against any allocations of any other such funds in the motor
vehicle fund to the state, counties, cities, and towns unless
and until the amount of the motor vehicle fund arising from
the excise tax on motor vehicle and special fuels and distributed to the transportation improvement account proves insufficient to meet the requirements for bond retirement or interest on any such bonds. [1999 sp.s. c 1 § 612. Prior: 1999 c
269 § 9; 1999 c 94 § 24; 1994 c 179 § 29; 1993 c 440 § 6.]
47.26.505
*Reviser’s note: RCW 46.68.090 was amended by 2003 c 361 § 403,
changing subsection (1)(h) to subsection (2)(f).
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
47.26.506 Repayment procedure—Bond retirement
account. At least one year prior to the date any interest is due
and payable on such bonds or before the maturity date of any
such bonds, the state finance committee shall estimate, sub47.26.506
[Title 47 RCW—page 110]
ject to the provisions of RCW 47.26.505 the percentage of the
receipts in money of the motor vehicle fund, resulting from
collection of excise taxes on motor vehicle and special fuels,
for each month of the year which shall be required to meet
interest or bond payments under RCW 47.26.500 through
47.26.507 when due, and shall notify the state treasurer of
such estimated requirement. The state treasurer, subject to
RCW 47.26.505, shall thereafter from time to time each
month as such funds are paid into the motor vehicle fund,
transfer such percentage of the monthly receipts from excise
taxes on motor vehicle and special fuels of the motor vehicle
fund to the transportation improvement board bond retirement account, maintained in the office of the state treasurer,
which account shall be available for payment of principal and
interest or bonds when due. If in any month it shall appear
that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement,
the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so that all
requirements for interest and principal of all bonds issued
shall be fully met at all times. [1997 c 456 § 24; 1993 c 440
§ 7.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
47.26.507
47.26.507 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the transportation improvement board
bond retirement account, shall prove more than is required
for the payment of interest on bonds when due, or current
retirement of bonds, any excess may, in the discretion of the
state finance committee, be available for the prior redemption
of any bonds or remain available in the fund [account] to
reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1999 c 268 § 3; 1993 c 440 § 8.]
47.26.900
47.26.900 Severability—1967 ex.s. c 83. If any provision of this 1967 amendatory act or the application thereof to
any person, firm, or corporation or circumstance is held
invalid, in whole or in part, such invalidity shall not affect
other provisions of the act which can be given effect without
the invalid provisions or application and to this end the provisions of this 1967 amendatory act are declared to be severable. [1967 ex.s. c 83 § 55.]
47.26.910
47.26.910 Effective dates—1967 ex.s. c 83. This 1967
amendatory act is necessary for the immediate preservation
of the public peace, health and safety, the support of the state
government and its existing public institutions and sections 1
through 55 and section 56, renumbered "Sec. 62", shall take
effect on the first day of the month following the approval of
this act by the governor; sections 56 through 61 shall take
effect on July 1, 1967 with respect to fees paid on or after July
1, 1967. Fees paid pursuant to RCW 46.16.070, 46.16.072,
46.16.075 or 46.16.120 prior to July 1, 1967 shall not be
affected by this act. [1967 ex.s. c 83 § 62.]
(2008 Ed.)
Construction and Maintenance of Highways
47.28.026
47.26.930 Construction—1969 ex.s. c 171. The rule of
strict construction shall have no application to this 1969 act
or to the provisions of chapter 47.26 RCW, and they shall be
liberally construed in order to carry out an effective, efficient
and equitable program of financial assistance to urban area
cities and counties for arterial roads and streets. [1969 ex.s. c
171 § 8.]
tional only and may be complied with by location in the general vicinity. The department is empowered to construct as a
part of any state highway as designated and in addition to any
portion meeting the limits of any incorporated city or town a
bypass section either through or around any such incorporated city or town. [2006 c 334 § 22; 1977 ex.s. c 151 § 59;
1961 c 13 § 47.28.010. Prior: 1937 c 53 § 31; RRS § 640031.]
Chapter 47.28 RCW
CONSTRUCTION AND MAINTENANCE
OF HIGHWAYS
Effective date—2006 c 334: See note following RCW 47.01.051.
47.26.930
Chapter 47.28
Sections
47.28.010
47.28.020
47.28.025
47.28.026
47.28.030
47.28.035
47.28.040
47.28.050
47.28.060
47.28.070
47.28.075
47.28.080
47.28.090
47.28.100
47.28.110
47.28.120
47.28.140
47.28.150
47.28.170
47.28.220
47.28.241
47.28.251
Latitude in selecting route.
Width of right-of-way.
Description and plan of new or limited access highway—
Recording.
Description and plan of new or limited access highway—
Buildings and improvements prohibited, when.
Contracts—State forces—Monetary limits—Small businesses,
minority, and women contractors—Rules.
Cost of project, defined.
Precontract preparation of maps, plans, and specifications—
Filing.
Call for bids.
Copy of map, plans, etc.—Charge.
Form of bid—Data required—Requirements—Refusal to furnish form—Appeal.
Financial information not open to public inspection.
Withdrawal of bids—New bids—Time fixed in call controls.
Opening of bids and award of contract—Deposit.
Failure or rejection of bidder.
Sureties—Qualifications—Additional sureties.
Actions for labor and materials—Limitation of action.
Highway, public transportation improvements, flood damage
prevention—Cooperative agreements.
Underpasses, overpasses constructed with federal funds—
Maintenance cost apportionment.
Emergency protection and restoration of highways.
Compost products.
Alternative delivery of construction services—Definitions.
Alternative delivery of construction services—Financial
incentives—Private contracting—Reports.
Contractor’s bond to pay labor, etc.: Chapter 39.08 RCW.
47.28.020 Width of right-of-way. From and after April
1, 1937, the width of one hundred feet is the necessary and
proper right-of-way width for state highways unless the
department, for good cause, adopts and designates a different
width. This section shall not be construed to require the
department to acquire increased right-of-way for any state
highway in existence on such date. [1984 c 7 § 164; 1961 c
13 § 47.28.020. Prior: 1937 c 53 § 30; RRS § 6400-30; 1913
c 65 § 8; RRS § 6831.]
47.28.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.025 Description and plan of new or limited
access highway—Recording. Whenever the department
establishes the location, width, and lines of any new highway,
or declares any such new highway as a limited access facility
and schedules the acquisition of the right-of-way for the
highway or facility within the ensuing two years, it may
cause the description and plan of any such highway to be
made, showing the center line of the highway and the established width thereof, and attach thereto a certified copy of the
resolution. Such description, plan, and resolution shall then
be recorded in the office of the county auditor of the proper
county. [1999 c 233 § 5; 1984 c 7 § 165; 1977 ex.s. c 225 §
1; 1961 c 13 § 47.28.025. Prior: 1955 c 161 § 1.]
47.28.025
Effective date—1999 c 233: See note following RCW 4.28.320.
Severability—1984 c 7: See note following RCW 47.01.141.
County road improvement districts: Chapter 36.88 RCW.
Design standards committee for city streets: Chapter 35.78 RCW.
Liens for labor, materials on public works: Chapter 60.28 RCW.
Size, weight, load of vehicles: Chapter 46.44 RCW.
Viaducts, bridges, elevated roadways, etc., authority of cities to construct:
Chapter 35.85 RCW.
47.28.010 Latitude in selecting route. Whenever the
general route of any state highway shall be designated and
laid out as running to or by way of certain designated points,
without specifying the particular route to be followed to or by
way of such points, the department shall determine the particular route to be followed by said state highway to or by way
of said designated points, and shall be at liberty to select and
adopt as a part of such state highway, the whole or any part of
any existing public highway previously designated as a
county road, primary road, or secondary road or now or hereafter classified as a county road. The department need not
select and adopt the entire routes for such state highways at
one time, but may select and adopt parts of such routes from
time to time as it deems advisable. Where a state highway is
designated as passing by way of a certain point, this shall not
require the department to cause such state highway to pass
through or touch such point but such designation is direc47.28.010
(2008 Ed.)
47.28.026 Description and plan of new or limited
access highway—Buildings and improvements prohibited, when. (1) No owner or occupier of lands, buildings, or
improvements may erect any buildings or make any improvements within the limits of any such highway, the location,
width, and lines of which have been established and recorded
as provided in RCW 47.28.025. If any such erection and
improvements are made, no allowances may be had therefor
by the assessment of damages. No permits for improvements
within the limits may be issued by any authority. The establishment of any highway location as set forth in RCW
47.28.025 is ineffective after one year from the filing thereof
if no action to condemn or acquire the property within the
limits has been commenced within that time.
(2) Unless and until the department causes a plan of a
proposed new highway or limited access facility to be
recorded in the office of the county auditor as authorized in
RCW 47.28.025, nothing contained in RCW 47.28.025 or
47.28.026 may be deemed to restrict or restrain in any manner the improvement, development, or other use by owners or
occupiers of lands, buildings, or improvements within the
limits of any proposed new or limited access highway or any
proposed relocated or widened highway. Because of the
47.28.026
[Title 47 RCW—page 111]
47.28.030
Title 47 RCW: Public Highways and Transportation
uncertainties of federal aid and the state level of funding of
proposed construction or improvement of state highways,
plans for such improvements approved by the department
shall be deemed tentative until filed with the county auditor
as authorized in RCW 47.28.025 or until the department
commences action to condemn or otherwise acquire the rightof-way for the highway improvements. [1984 c 7 § 166;
1977 ex.s. c 225 § 2; 1961 c 13 § 47.28.026. Prior: 1955 c
161 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.030 Contracts—State forces—Monetary limits—Small businesses, minority, and women contractors—Rules. A state highway shall be constructed, altered,
repaired, or improved, and improvements located on property
acquired for right-of-way purposes may be repaired or renovated pending the use of such right-of-way for highway purposes, by contract or state forces. The work or portions
thereof may be done by state forces when the estimated costs
thereof are less than fifty thousand dollars and effective July
1, 2005, sixty thousand dollars: PROVIDED, That when
delay of performance of such work would jeopardize a state
highway or constitute a danger to the traveling public, the
work may be done by state forces when the estimated cost
thereof is less than eighty thousand dollars and effective July
1, 2005, one hundred thousand dollars. When the department
of transportation determines to do the work by state forces, it
shall enter a statement upon its records to that effect, stating
the reasons therefor. To enable a larger number of small
businesses, and minority, and women contractors to effectively compete for department of transportation contracts, the
department may adopt rules providing for bids and award of
contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any
work is to be performed and the engineer’s estimate indicates
the cost of the work would not exceed eighty thousand dollars
and effective July 1, 2005, one hundred thousand dollars.
The rules adopted under this section:
(1) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of performance would jeopardize life or property or inconvenience
the traveling public; and
(2) Need not require the furnishing of a bid deposit nor a
performance bond, but if a performance bond is not required
then progress payments to the contractor may be required to
be made based on submittal of paid invoices to substantiate
proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and
(3) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070,
but the prequalification standards and procedures under
RCW 47.28.070 shall always be sufficient.
The department of transportation shall comply with such
goals and rules as may be adopted by the office of minority
and women’s business enterprises to implement chapter
39.19 RCW with respect to contracts entered into under this
chapter. The department may adopt such rules as may be
necessary to comply with the rules adopted by the office of
minority and women’s business enterprises under chapter
47.28.030
[Title 47 RCW—page 112]
39.19 RCW. [2007 c 218 § 90; 1999 c 15 § 1; 1984 c 194 §
1; 1983 c 120 § 15; 1977 ex.s. c 225 § 3; 1973 c 116 § 1; 1971
ex.s. c 78 § 1; 1969 ex.s. c 180 § 2; 1967 ex.s. c 145 § 40;
1961 c 233 § 1; 1961 c 13 § 47.28.030. Prior: 1953 c 29 § 1;
1949 c 70 § 1, part; 1943 c 132 § 1, part; 1937 c 53 § 41, part;
Rem. Supp. 1949 § 6400-41, part.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.035 Cost of project, defined. The cost of any
project for the purposes of RCW 47.28.030 shall be the
aggregate of all amounts to be paid for labor, material, and
equipment on one continuous or interrelated project where
work is to be performed simultaneously. The department
shall not permit the construction of any project by state forces
by dividing a project into units of work or classes of work to
give the appearance of compliance with RCW 47.28.030.
[1984 c 194 § 2.]
47.28.035
47.28.040 Precontract preparation of maps, plans,
and specifications—Filing. Before entering into any contract for the construction, alteration, repair, or improvement
of any state highway the department shall cause the highway
to be surveyed throughout the entire length of the proposed
construction, alteration, repair, or improvement and cause to
be prepared maps, plans, and specifications, together with an
estimate of the cost of the proposed work, and such information and directions as will enable a contractor to carry them
out. The maps, plans, specifications, and directions shall be
approved by the department and a copy thereof filed permanently in the department’s office. [1984 c 7 § 167; 1961 c 13
§ 47.28.040. Prior: 1937 c 53 § 32, part; RRS § 6400-32,
part.]
47.28.040
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.050 Call for bids. Except as may be provided by
rules and regulations adopted under RCW 47.28.030 as now
or hereafter amended the department of transportation shall
publish a call for bids for the construction of the highway
according to the maps, plans, and specifications, once a week
for at least two consecutive weeks, next preceding the day set
for receiving and opening the bids, in not less than one trade
paper of general circulation in the state. The call shall state
the time, place, and date for receiving and opening the bids,
give a brief description of the location and extent of the work,
and contain such special provisions or specifications as the
department deems necessary. When necessary to implement
chapter 39.19 RCW and the rules adopted to implement that
chapter, the department shall include in its call for bids provisions or specifications requiring bidders to comply with
chapter 39.19 RCW and the rules adopted to implement it:
PROVIDED, That when the estimated cost of any contract to
be awarded is less than fifty thousand dollars, the call for bids
need only be published in at least one paper of general circulation in the county where the major part of the work is to be
performed: PROVIDED FURTHER, That when the estimated cost of a contract to be awarded is seven thousand five
hundred dollars or less, including the cost of materials, sup47.28.050
(2008 Ed.)
Construction and Maintenance of Highways
plies, engineering, and equipment, the department of transportation need not publish a call for bids: PROVIDED FURTHER, That after a bid call has been advertised for two consecutive weeks it may be postponed and the bids opened one
week later. [1983 c 120 § 16; 1979 ex.s. c 69 § 1; 1977 c 65
§ 1; 1973 c 116 § 2; 1969 ex.s. c 180 § 1; 1961 c 13 §
47.28.050. Prior: 1959 c 319 § 33; 1955 c 147 § 1; 1937 c 53
§ 33; RRS § 6400-33.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.060
47.28.060 Copy of map, plans, etc.—Charge. Any
person, firm, or corporation is entitled to receive copies of the
maps, plans, specifications, and directions for any work upon
which call for bids has been published, upon request therefor
and subsequent payment to the department of a reasonable
sum as required by the department in the call for bids for each
copy of such maps, plans, and specifications. Any money so
received shall be certified by the department to the state treasurer and deposited to the credit of the motor vehicle fund.
The department may deliver with or without charge informational copies of maps, plans, specifications, and directions at
such places as it may designate. [1985 c 242 § 1; 1984 c 7 §
168; 1971 c 36 § 1; 1965 ex.s. c 64 § 1; 1961 c 13 §
47.28.060. Prior: 1937 c 53 § 34; RRS § 6400-34.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.070
47.28.070 Form of bid—Data required—Requirements—Refusal to furnish form—Appeal. Bid proposals
upon any construction or improvement of any state highway
shall be made upon contract proposal form supplied by the
department and in no other manner. The department shall,
before furnishing any person, firm, or corporation desiring to
bid upon any work for which a call for bid proposals has been
published with a contract proposal form, require from the
person, firm, or corporation, answers to questions contained
in a standard form of questionnaire and financial statement,
including a complete statement of the financial ability and
experience of the person, firm, or corporation in performing
state highway, road, or other public work. The questionnaire
and financial statement shall be sworn to before a notary public or other person authorized to take acknowledgment of
deeds, and shall be submitted once a year and at such other
times as the department may require. Whenever the department is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the department determines that the person, firm, or corporation does not meet all of the requirements set forth in this
section it may refuse to furnish the person, firm, or corporation with a contract proposal form, and any bid proposal of
the person, firm, or corporation must be disregarded. In order
to obtain a contract proposal form, a person, firm, or corporation shall have all of the following requirements:
(1) Adequate financial resources or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(2008 Ed.)
47.28.090
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
The refusal is conclusive unless appeal therefrom to the
superior court of Thurston county is taken within five days,
which appeal shall be heard summarily within ten days after
it is taken and on five days’ notice thereof to the department.
[1984 c 7 § 169; 1967 ex.s. c 145 § 39; 1961 c 13 § 47.28.070.
Prior: 1937 c 53 § 35; RRS § 6400-35.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.075 Financial information not open to public
inspection. The department of transportation shall not be
required to make available for public inspection and copying
financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for highway construction or improvement as required
by RCW 47.28.070. [1981 c 215 § 1.]
47.28.075
47.28.080 Withdrawal of bids—New bids—Time
fixed in call controls. Any person, firm, or corporation proposing a bid for the construction or improvement of any state
highway in response to a call for bids published therefor may
withdraw the bid proposal without forfeiture and without
prejudice to the right of the bidder to file a new bid proposal
before the time fixed for the opening of the bid proposals.
The request for the withdrawal shall be made in writing,
signed by the person proposing the bid or his duly authorized
agent, and filed at the place and before the time fixed in the
call for bids for receipt of the bid proposals. No bid proposal
may be considered that has not been filed with the department
before the time fixed for the receipt of bid proposals. In any
provisions regarding the filing or withdrawing of bid proposals the time fixed for the receipt of bid proposals in the call
for bid proposals as published shall control without regard for
the time when the bid proposals are actually opened. [1985 c
242 § 2; 1984 c 7 § 170; 1961 c 13 § 47.28.080. Prior: 1937
c 53 § 36; RRS § 6400-36.]
47.28.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.090 Opening of bids and award of contract—
Deposit. At the time and place named in the call for bids the
department of transportation shall publicly open and read the
final figure in each of the bid proposals that have been properly filed and read only the unit prices of the three lowest
bids, and shall award the contract to the lowest responsible
bidder unless the department has, for good cause, continued
the date of opening bids to a day certain, or rejected that bid.
Any bid may be rejected if the bidder has previously
defaulted in the performance of and failed to complete a written public contract, or has been convicted of a crime arising
from a previous public contract. If the lowest responsible bidder fails to meet the provisions or specifications requiring
compliance with chapter 39.19 RCW and the rules adopted to
implement that chapter, the department may award the contract to the next lowest responsible bidder which does meet
47.28.090
[Title 47 RCW—page 113]
47.28.100
Title 47 RCW: Public Highways and Transportation
the provisions or specifications or may reject all bids and
readvertise. All bids shall be under sealed cover and accompanied by deposit in cash, certified check, cashier’s check, or
surety bond in an amount equal to five percent of the amount
of the bid, and a bid shall not be considered unless the deposit
is enclosed with it. [1985 c 242 § 3; 1983 c 120 § 17; 1971
ex.s. c 21 § 2; 1961 c 13 § 47.28.090. Prior: 1955 c 83 § 1;
1949 c 64 § 1; 1937 c 53 § 37; Rem. Supp. 1949 § 6400-37.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.100 Failure or rejection of bidder. If the successful bidder fails to enter into the contract and furnish satisfactory bond as provided by law within twenty days from
the award, exclusive of the day of the award, his or her
deposit shall be forfeited to the state and deposited by the
state treasurer to the credit of the motor vehicle fund, and the
department may award the contract to the second lowest
responsible bidder. If the second lowest responsible bidder
fails to enter into the contract and furnish bond within twenty
days after award to him or her, forfeiture of his or her deposit
shall also be made, and the contract may be awarded to the
third lowest responsible bidder, and in like manner until the
contract and bond are executed by a responsible bidder to
whom award is made, or further bid proposals are rejected, or
the number of bid proposals are exhausted. If the contract is
not executed or no contractor’s bond provided within the
time required, and there appear circumstances that are
deemed to warrant an extension of time, the department may
extend the time for execution of the contract or furnishing
bond for not to exceed twenty additional days. After awarding the contract the deposits of unsuccessful bidders shall be
returned, but the department may retain the deposit of the
next lowest responsible bidder or bidders as it desires until
such time as the contract is entered into and satisfactory bond
is provided by the bidder to whom the award is ultimately
made. A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a
second or subsequent call for bids is made for the project.
If in the opinion of the department the acceptance of the
bid of the lowest responsible bidder or bidders, or on prior
failure of the lowest responsible bidder or bidders the acceptance of the bid of the remaining lowest responsible bidder or
bidders, will not be for the best interest of the state, it may
reject all bids or all remaining bids and republish a call for
bids in the same manner as for an original publication
thereof. [1996 c 18 § 8; 1984 c 7 § 171; 1961 c 13 §
47.28.100. Prior: 1953 c 53 § 1; 1937 c 53 § 38; RRS § 640038.]
47.28.100
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.110 Sureties—Qualifications—Additional
sureties. At any time and as often as it may be deemed necessary, the department may require any or all sureties or any
surety company to appear and qualify themselves upon any
contractor’s bond. Whenever the surety or sureties upon any
contractor’s bond become insufficient or are deemed by the
department to have become insufficient, the department may
demand in writing that the contracting person, firm, or corpo47.28.110
[Title 47 RCW—page 114]
ration furnish such further contractor’s bond or bonds or
additional surety in an amount not exceeding that originally
required as may be deemed necessary considering the extent
of the work remaining to be done upon the contract. No further payments may be made on the contract until such additional surety as is required is furnished. [1984 c 7 § 172;
1961 c 13 § 47.28.110. Prior: 1937 c 53 § 39; RRS § 640039.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.120 Actions for labor and materials—Limitation of action. Any contracting person, firm, or corporation
performing any labor or furnishing any materials upon their
contract or otherwise for public work or improvement under
the direction of the department or any person claiming any
right of action upon any such contract with the state of Washington or who claims a cause of action against the state of
Washington arising out of any such contract must bring such
suit in the proper court in Thurston county before the expiration of one hundred and eighty days from and after the final
acceptance and the approval of the final estimate of such
work by the department; otherwise the action is forever
barred. [1984 c 7 § 173; 1961 c 13 § 47.28.120. Prior: 1937
c 53 § 40; RRS § 6400-40.]
47.28.120
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.140 Highway, public transportation improvements, flood damage prevention—Cooperative agreements. When in the opinion of the governing authorities representing the department and any agency, instrumentality,
municipal corporation, or political subdivision of the state of
Washington, any highway, road, or street will be benefited or
improved by constructing, reconstructing, locating, relocating, laying out, repairing, surveying, altering, improving, or
maintaining, or by the establishment adjacent to, under, upon,
within, or above any portion of any such highway, road, or
street of an urban public transportation system, by either the
department or any agency, instrumentality, municipal corporation, or political subdivision of the state, and it is in the public interest to do so, the authorities may enter into cooperative
agreements wherein either agrees to perform the work and
furnish the materials necessary and pay the cost thereof,
including necessary engineering assistance, which costs and
expenses shall be reimbursed by the party whose responsibility it was to do or perform the work or improvement in the
first instance. The work may be done by either day labor or
contract, and the cooperative agreement between the parties
shall provide for the method of reimbursement. In the case of
some special benefit or improvement to a state highway
derived from any project that assists in preventing or minimizing flood damages as defined in RCW 86.16.120 or from
the construction of any public works project, including any
urban public transportation system, the department may contribute to the cost thereof by making direct payment to the
particular state department, agency, instrumentality, municipal corporation, or political subdivision on the basis of benefits received, but such payment shall be made only after a
cooperative agreement has been entered into for a specified
amount or on an actual cost basis prior to the commencement
of the particular public works project. [1991 c 322 § 29; 1984
47.28.140
(2008 Ed.)
Construction and Maintenance of Highways
c 7 § 174; 1967 c 108 § 6; 1961 c 13 § 47.28.140. Prior: 1955
c 384 § 8.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.28.150 Underpasses, overpasses constructed with
federal funds—Maintenance cost apportionment. Notwithstanding any of the provisions of RCW 81.53.090, where
the cost of constructing an overpass or underpass which is
part of the state highway system has been paid for in whole or
in part by the use of federal funds, the state shall at its
expense maintain the entire overpass structure and the
approaches thereto, and the railroad company shall at its
expense maintain the entire underpass structure, including
the approaches thereto. The state shall at its expense maintain
the roadway, and the railroad company shall at its expense
maintain its roadbed and tracks on or under all such structures. [1961 c 13 § 47.28.150. Prior: 1959 c 319 § 34.]
47.28.150
47.28.170 Emergency protection and restoration of
highways. (1) Whenever the department finds that as a consequence of accident, natural disaster, or other emergency, an
existing state highway is in jeopardy or is rendered impassible in one or both directions and the department further finds
that prompt reconstruction, repair, or other work is needed to
preserve or restore the highway for public travel, the department may obtain at least three written bids for the work without publishing a call for bids, and the secretary of transportation may award a contract forthwith to the lowest responsible
bidder.
The department shall notify any association or organization of contractors filing a request to regularly receive notification. Notification to an association or organization of contractors shall include: (a) The location of the work to be
done; (b) the general anticipated nature of the work to be
done; and (c) the date determined by the department as reasonable in view of the nature of the work and emergent nature
of the problem after which the department will not receive
bids.
(2) Whenever the department finds it necessary to protect a highway facility from imminent damage or to perform
emergency work to reopen a highway facility, the department
may contract for such work on a negotiated basis not to
exceed force account rates for a period not to exceed thirty
working days.
(3) The secretary shall review any contract exceeding
seven hundred thousand dollars awarded under subsection (1)
or (2) of this section with the office of financial management
within thirty days of the contract award.
(4) Any person, firm, or corporation awarded a contract
for work must be prequalified pursuant to RCW 47.28.070
and may be required to furnish a bid deposit or performance
bond. [2006 c 334 § 23; 1990 c 265 § 1; 1984 c 7 § 175; 1971
ex.s. c 89 § 1.]
47.28.170
Effective date—2006 c 334: See note following RCW 47.01.051.
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.220 Compost products. (1) A contract awarded
in whole or in part for the purchase of compost products as a
47.28.220
(2008 Ed.)
47.28.251
soil cover or soil amendment to state highway rights-of-way
shall specify that compost products be purchased in accordance with the following schedule:
(a) For the period July 1, 1996, through June 30, 1997,
twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, 1998, through June 30, 1999,
fifty percent of the total dollar amount purchased. The percentages in this subsection apply to the materials’ value and
include services or other materials.
(2) In order to carry out the provisions of this section, the
department of transportation shall develop and adopt bid
specifications for compost products used in state highway
construction projects.
(3)(a) For purposes of this section, "compost products"
means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical
conversion of biosolids or cellulose-containing waste materials.
(b) For purposes of this section, "biosolids" means
municipal sewage sludge or septic tank septage sludge that
meets the requirements of chapter 70.95J RCW. [1996 c 198
§ 4; 1992 c 174 § 14; 1991 c 297 § 14.]
Captions not law—1991 c 297: See RCW 43.19A.900.
47.28.241 Alternative delivery of construction services—Definitions. The definitions in this section apply
throughout RCW 47.28.251 and *41.06.380 unless the context clearly requires otherwise.
(1) "Construction services" means those services that aid
in the delivery of the highway construction program and
include, but are not limited to, real estate services and construction engineering services.
(2) "Construction engineering services" include, but are
not limited to, construction management, construction
administration, materials testing, materials documentation,
contractor payments and general administration, construction
oversight, and inspection and surveying. [2003 c 363 § 102.]
47.28.241
*Reviser’s note: RCW 41.06.380 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Part headings not law—2003 c 363: "Part headings used in this act are
not part of the law." [2003 c 363 § 308.]
Severability—2003 c 363: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 363 § 309.]
47.28.251 Alternative delivery of construction services—Financial incentives—Private contracting—
Reports. (1) The department of transportation shall work
with representatives of transportation labor groups to develop
a financial incentive program to aid in retention and recruitment of employee classifications where problems exist and
program delivery is negatively affected. The department’s
financial incentive program must be reviewed and approved
by the legislature before it can be implemented. This program must support the goal of enhancing project delivery
timelines as outlined in section 101, chapter 363, Laws of
2003. Upon receiving approval from the legislature, the
department of personnel shall implement, as required, specific aspects of the financial incentive package, as developed
by the department of transportation.
47.28.251
[Title 47 RCW—page 115]
Chapter 47.29
Title 47 RCW: Public Highways and Transportation
(2) Notwithstanding chapter 41.06 RCW, the department
of transportation may acquire services from qualified private
firms in order to deliver the transportation construction program to the public. Services may be acquired solely for augmenting the department’s workforce capacity and only when
the department’s transportation construction program cannot
be delivered through its existing or readily available workforce. The department of transportation shall work with representatives of transportation labor groups to develop and
implement a program identifying those projects requiring
contracted services while establishing a program as defined
in subsection (1) of this section to provide the classified personnel necessary to deliver future construction programs.
The procedures for acquiring construction engineering services from private firms may not be used to displace existing
state employees nor diminish the number of existing classified positions in the present construction program. The
acquisition procedures must be in accordance with chapter
39.80 RCW.
(3) Starting in December 2004, and biennially thereafter,
the secretary shall report to the transportation committees of
the legislature on the use of construction engineering services
from private firms authorized under this section. The information provided to the committees must include an assessment of the benefits and costs associated with using construction engineering services, or other services, from private
firms, and a comparison of public versus private sector costs.
The secretary may act on these findings to ensure the most
cost-effective means of service delivery. [2003 c 363 § 103.]
Finding—Intent—2003 c 363 §§ 103 and 104: "The legislature finds
that there is a pressing need for additional transportation projects to meet the
mobility needs of Washington’s citizens. With major new investments
approved to meet these pressing needs, additional workforce assistance is
necessary to ensure and enhance project delivery timelines. Recruiting and
retaining a high quality workforce, and implementing new and innovative
procedures for delivering these transportation projects, is required to accomplish them on a timely basis that best serves the public. It is the intent of sections 103 and 104 of this act that no state employees will lose their employment as a result of implementing new and innovative project delivery procedures." [2003 c 363 § 101.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 47.29 RCW
TRANSPORTATION INNOVATIVE PARTNERSHIPS
Chapter 47.29
Sections
47.29.010
47.29.020
47.29.030
47.29.040
47.29.050
47.29.060
47.29.070
47.29.080
47.29.090
47.29.100
47.29.110
47.29.120
47.29.130
47.29.140
47.29.150
47.29.160
47.29.170
47.29.180
47.29.190
47.29.200
47.29.210
Finding—Intent.
Definitions.
Transportation commission powers and duties.
Purpose.
Eligible projects.
Eligible financing.
Use of federal funds and similar revenues.
Other sources of funds or property.
Project review, evaluation, and selection.
Administrative fee.
Funds for proposal evaluation and negotiation.
Expert consultation.
Contracted studies.
Partnership agreements.
Public involvement and participation.
Approval and execution.
Unsolicited proposals.
Advisory committees.
Confidentiality.
Prevailing wages.
Government agreements.
[Title 47 RCW—page 116]
47.29.220
47.29.230
47.29.240
47.29.250
47.29.260
47.29.270
47.29.280
47.29.290
47.29.900
Eminent domain.
Transportation innovative partnership account.
Use of account.
Issuing bonds and other obligations.
Study and report.
Federal laws.
Expert review panel on proposed project agreements—Creation—Authority.
Expert review panel on proposed project agreements—Execution of agreements.
Captions not law.
47.29.010 Finding—Intent. (1) The legislature finds
that the public-private transportation initiatives act created
under chapter 47.46 RCW has not met the needs and expectations of the public or private sectors for the development of
transportation projects. The legislature intends to phase out
chapter 47.46 RCW coincident with the completion of the
Tacoma Narrows Bridge - SR 16 public-private partnership.
From July 24, 2005, this chapter will provide a more desirable and effective approach to developing transportation
projects in partnership with the private sector by applying
lessons learned from other states and from this state’s tenyear experience with chapter 47.46 RCW.
(2) It is the legislature’s intent to achieve the following
goals through the creation of this new approach to public-private partnerships:
(a) To provide a well-defined mechanism to facilitate the
collaboration between public and private entities in transportation;
(b) To bring innovative thinking from the private sector
and other states to bear on public projects within the state;
(c) To provide greater flexibility in achieving the transportation projects; and
(d) To allow for creative cost and risk sharing between
the public and private partners.
(3) The legislature intends that the powers granted in this
chapter to the commission or department are in addition to
any powers granted under chapter 47.56 RCW.
(4) It is further the intent of the legislature that an expert
review panel be established for each project developed under
chapter 334, Laws of 2006. Expert review panels shall be
responsible for reviewing selected proposals, analyzing and
reviewing tentative agreements, and making recommendations to the governor and the transportation commission on
the advisability of executing agreements under chapter 334,
Laws of 2006. [2006 c 334 § 48; 2005 c 317 § 1.]
47.29.010
Effective date—2006 c 334: See note following RCW 47.01.051.
47.29.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Authority" means the transportation commission.
(2) "Commission" means the transportation commission.
(3) "Department" means the department of transportation.
(4) "Eligible project" means any project eligible for
development under RCW 47.29.050.
(5) "Eligible public works project" means only a project
that meets the criteria of either RCW 47.29.060 (3) or (4).
(6) "Private sector partner" and "private partner" means
a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.
47.29.020
(2008 Ed.)
Transportation Innovative Partnerships
(7) "Public funds" means all moneys derived from taxes,
fees, charges, tolls, etc.
(8) "Public sector partner" and "public partner" means
any federal or state unit of government, bistate transportation
organization, or any other political subdivision of any state.
(9) "Transportation innovative partnership program" or
"program" means the program as outlined in RCW
47.29.040.
(10) "Transportation project" means a project, whether
capital or operating, where the state’s primary purpose for the
project is to preserve or facilitate the safe transport of people
or goods via any mode of travel. However, this does not
include projects that are primarily for recreational purposes,
such as parks, hiking trails, off-road vehicle trails, etc.
(11) "Unit of government" means any department or
agency of the federal government, any state or agency, office,
or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voterapproved charter or initiative, and any intergovernmental
entity created under chapter 39.34 RCW or this chapter.
[2005 c 317 § 2.]
47.29.050
(ii) Factors such as, but not limited to: Priority, cost, risk
sharing, scheduling, and management conditions;
(g) The protection of confidential proprietary information while still meeting the need for public disclosure that is
consistent with RCW 47.29.190;
(h) Protection for local contractors to participate in subcontracting opportunities;
(i) Specifying that maintenance issues must be resolved
in a manner consistent with the personnel system reform act,
chapter 41.80 RCW;
(j) Specifying that provisions regarding patrolling and
law enforcement on a public facility are subject to approval
by the Washington state patrol;
(3) Adopt guidelines to address security and performance issues.
Preliminary rules and guidelines developed under this
section must be submitted to the chairs and ranking members
of both transportation committees by November 30, 2005, for
review and comment. All final rules and guidelines must be
submitted to the full legislature during the 2006 session for
review. [2005 c 317 § 3.]
47.29.040 Purpose. The Transportation Innovative
Partnerships Act is created for the planning, acquisition,
design, financing, management, development, construction,
reconstruction, replacement, improvement, maintenance,
preservation, repair, and operation of transportation projects.
The goals of this chapter are to:
(1) Reduce the cost of transportation project delivery;
(2) Recover transportation investment costs;
(3) Develop an expedited project delivery process;
(4) Encourage business investment in public infrastructure;
(5) Use any fund source outside the state treasury, where
financially advantageous and in the public interest;
(6) Maximize innovation;
(7) Develop partnerships between and among private
entities and the public sector for the advancement of public
purposes on mutually beneficial terms;
(8) Create synergies between and among public sector
entities to develop projects that serve both transportation and
other important public purposes; and
(9) Access specialized construction management and
project management services and techniques available in the
private sector. [2005 c 317 § 4.]
47.29.040
47.29.030 Transportation commission powers and
duties. In addition to the powers it now possesses, the commission shall:
(1) Approve or review contracts or agreements authorized in this chapter;
(2) Adopt rules to carry out this chapter and govern the
program, which at a minimum must address the following
issues:
(a) The types of projects allowed; however, all allowed
projects must be included in the Washington transportation
plan or identified by the authority as being a priority need for
the state;
(b) The types of contracts allowed, with consideration
given to the best practices available;
(c) The composition of the team responsible for the evaluation of proposals to include:
(i) Washington state department of transportation staff;
(ii) An independent representative of a consulting or
contracting field with no interests in the project that is prohibited from becoming a project manager for the project and bidding on any part of the project;
(iii) An observer from the state auditor’s office or the
joint legislative audit and review committee;
(iv) A person appointed by the commission, if the secretary of transportation is a cabinet member, or appointed by
the governor if the secretary of transportation is not a cabinet
member; and
(v) A financial expert;
(d) Minimum standards and criteria required of all proposals;
(e) Procedures for the proper solicitation, acceptance,
review, and evaluation of projects;
(f) Criteria to be considered in the evaluation and selection of proposals that includes:
(i) Comparison with the department’s internal ability to
complete the project that documents the advantages of completing the project as a partnership versus solely as a public
venture; and
47.29.030
(2008 Ed.)
47.29.050 Eligible projects. Projects eligible for development under this chapter include:
(1) Transportation projects, whether capital or operating,
where the state’s primary purpose for the project is to facilitate the safe transport of people or goods via any mode of
travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails,
off-road vehicle trails, etc.; and
(2) Facilities, structures, operations, properties, vehicles,
vessels, or the like that are developed concurrently with an
eligible transportation project and that are capable of (a) providing revenues to support financing of an eligible transportation project, or (b) that are public projects that advance public purposes unrelated to transportation. [2005 c 317 § 5.]
47.29.050
[Title 47 RCW—page 117]
47.29.060
Title 47 RCW: Public Highways and Transportation
47.29.060 Eligible financing. (1) Subject to the limitations in this section, the department may, in connection with
the evaluation of eligible projects, consider any financing
mechanisms identified under subsections (3) through (5) of
this section or any other lawful source, either integrated as
part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for
all or part of a proposed project. A project may be financed in
whole or in part with:
(a) The proceeds of grant anticipation revenue bonds
authorized by 23 U.S.C. Sec. 122 and applicable state law.
Legislative authorization and appropriation is required in
order to use this source of financing;
(b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available
under the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law;
(c) Infrastructure loans or assistance from the state infrastructure bank established by RCW 82.44.195;
(d) Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;
(e) User fees, tolls, fares, lease proceeds, rents, gross or
net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration. However, projects financed by tolls or equivalent
funding sources must first be authorized by the legislature
under RCW 47.56.820.
(2) As security for the payment of financing described in
this section, the revenues from the project may be pledged,
but no such pledge of revenues constitutes in any manner or
to any extent a general obligation of the state. Any financing
described in this section may be structured on a senior, parity,
or subordinate basis to any other financing.
(3) For any transportation project developed under this
chapter that is owned, leased, used, or operated by the state,
as a public facility, if indebtedness is issued, it must be issued
by the state treasurer for the transportation project.
(4) For other public projects defined in RCW
47.29.050(2) that are developed in conjunction with a transportation project, financing necessary to develop, construct,
or operate the public project must be approved by the state
finance committee or by the governing board of a public benefit corporation as provided in the federal Internal Revenue
Code section 63-20;
(5) For projects that are developed in conjunction with a
transportation project but are not themselves a public facility
or public project, any lawful means of financing may be used.
[2008 c 122 § 18; 2005 c 317 § 6.]
47.29.060
47.29.070 Use of federal funds and similar revenues.
The department may accept from the United States or any of
its agencies such funds as are available to this state or to any
other unit of government for carrying out the purposes of this
chapter, whether the funds are made available by grant, loan,
or other financing arrangement. The department may enter
into such agreements and other arrangements with the United
States or any of its agencies as may be necessary, proper, and
convenient for carrying out the purposes of this chapter, subject to RCW 47.29.080. [2005 c 317 § 7.]
47.29.070
[Title 47 RCW—page 118]
47.29.080 Other sources of funds or property. The
department may accept from any source any grant, donation,
gift, or other form of conveyance of land, money, other real
or personal property, or other valuable thing made to the state
of Washington, the department, or a local government for
carrying out the purposes of this chapter.
Any eligible project may be financed in whole or in part
by contribution of any funds or property made by any private
entity or public sector partner that is a party to any agreement
entered into under this chapter. [2005 c 317 § 8.]
47.29.080
47.29.090 Project review, evaluation, and selection.
(1) Subject to subsection (2) of this section, the commission
may:
(a) Solicit concepts or proposals for eligible projects
from private entities and units of government;
(b) On or after January 1, 2007, accept unsolicited concepts or proposals for eligible projects from private entities
and units of government, subject to RCW 47.29.170;
(c) Direct the department to evaluate projects for inclusion in the transportation innovative partnerships program
that are already programmed or identified for traditional
development by the state;
(d) Direct the department to evaluate the concepts or proposals received under this section; and
(e) Select potential projects based on the concepts or proposals. The evaluation under this subsection must include
consultation with any appropriate unit of government.
(2) Before undertaking any of the activities contained in
subsection (1) of this section, the commission must have:
(a) Completed the tolling feasibility study; and
(b) Adopted rules specifying procedures for the proper
solicitation, acceptance, review, and evaluation of projects,
which procedures must include:
(i) A comparison with the department’s internal ability to
complete the project that documents the advantages of completing the project as a partnership versus solely as a public
venture; and
(ii) Factors such as priority, cost, risk sharing, scheduling, and management conditions. [2005 c 317 § 9.]
47.29.090
47.29.100 Administrative fee. The department may
charge a reasonable administrative fee for the evaluation of
an unsolicited project proposal. The amount of the fee will be
established in rules of the commission. [2005 c 317 § 10.]
47.29.100
47.29.110 Funds for proposal evaluation and negotiation. The department may spend, out of any funds identified for the purpose, such moneys as may be necessary for the
evaluation of concepts or proposals for eligible projects and
for negotiating agreements for eligible projects authorized by
this chapter. The department may employ engineers, consultants, or other experts the department determines are needed
for the purposes of doing the evaluation and negotiation.
Expenses incurred by the department under this section
before the issuance of transportation project bonds or other
financing must be paid by the department and charged to the
appropriate project. The department shall keep records and
accounts showing each amount so charged.
Unless otherwise provided in the omnibus transportation
budget the funds spent by the department under this section in
47.29.110
(2008 Ed.)
Transportation Innovative Partnerships
connection with the project must be repaid from the proceeds
of the bonds or other financing upon the sale of transportation
project bonds or upon obtaining other financing for an eligible project, as allowed by law or contract. [2005 c 317 § 11.]
47.29.120 Expert consultation. The commission and
department may consult with legal, financial, and other
experts inside and outside the public sector in the evaluation,
negotiation, and development of projects under this chapter,
consistent with RCW 43.10.040 where applicable. [2005 c
317 § 12.]
47.29.120
47.29.130 Contracted studies. Notwithstanding any
other provision of law, and in the absence of any direct federal funding or direction, the department may contract with a
private developer of a selected project proposal to conduct
environmental impact studies and engineering and technical
studies. [2005 c 317 § 13.]
47.29.130
47.29.140 Partnership agreements. (1) The following
provisions must be included in any agreement to which the
state is a party:
(a) For any project that proposes terms for stand-alone
maintenance or asset management services for a public facility, those services must be provided in a manner consistent
with any collective bargaining agreements, the personnel system reform act (chapter 41.80 RCW), and civil service laws
that are in effect for the public facility;
(b) Transportation projects that are selected for development under this chapter must be identified in the Washington
transportation plan or be identified by the authority as being
a priority need for the state;
(c) If there is a tolling component to the project, then it
must be specified that tolling technology used in the project
must be consistent with tolling technology standards adopted
by the department for transportation-related projects;
(d) Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of
laborers, subcontractors, and suppliers who perform work or
provide materials as part of the project;
(e) All projects must be financed in a manner consistent
with RCW 47.29.060. This chapter is null and void if this
subsection or RCW 47.29.060 fails to become law or is held
invalid by a court of final jurisdiction.
(2) Agreements between the state and private sector partners entered into under this section must specifically include
the following contractual elements:
(a) The point in the project at which public and private
sector partners will enter the project and which partners will
assume responsibility for specific project elements;
(b) How the partners will share management of the risks
of the project;
(c) How the partners will share the costs of development
of the project;
(d) How the partners will allocate financial responsibility for cost overruns;
(e) The penalties for nonperformance;
(f) The incentives for performance;
(g) The accounting and auditing standards to be used to
evaluate work on the project;
47.29.140
(2008 Ed.)
47.29.170
(h) For any project that reverts to public ownership, the
responsibility for reconstruction or renovations that are
required in order for a facility to meet all applicable government standards upon reversion of the facility to the state; and
(i) Provisions for patrolling and law enforcement on
transportation projects that are public facilities. [2005 c 317
§ 14.]
47.29.150 Public involvement and participation. (1)
Before final approval, agreements entered into under this
chapter must include a process that provides for public
involvement and participation with respect to the development of the projects. This plan must be submitted along with
the proposed agreement, and both must be approved under
RCW 47.29.160 before the state may enter a binding agreement.
(2) All workshops, forums, open houses, meetings, public hearings, or similar public gatherings must be administered and attended by representatives of the state and any
other public entities that are party to an agreement authorized
by this chapter. [2005 c 317 § 15.]
47.29.150
47.29.160 Approval and execution. (1) Before
approving an agreement under subsection (2) of this section,
the commission, with the technical assistance of the department, must:
(a) Prepare a financial analysis that fully discloses all
project costs, direct and indirect, including costs of any
financing;
(b) Publish notice and make available the contents of the
agreement, with the exception of patent information, at least
twenty days before the public hearing required in (c) of this
subsection; and
(c) Hold a public hearing on the proposed agreement,
with proper notice provided at least twenty days before the
hearing. The public hearing must be held within the boundaries of the county seat of the county containing the project.
(2) The commission must allow at least twenty days
from the public hearing on the proposed agreement required
under subsection (1)(c) of this section before approving and
executing any agreements authorized under this chapter.
[2005 c 317 § 16.]
47.29.160
47.29.170 Unsolicited proposals. Before accepting any
unsolicited project proposals, the commission must adopt
rules to facilitate the acceptance, review, evaluation, and
selection of unsolicited project proposals. These rules must
include the following:
(1) Provisions that specify unsolicited proposals must
meet predetermined criteria;
(2) Provisions governing procedures for the cessation of
negotiations and consideration;
(3) Provisions outlining that unsolicited proposals are
subject to a two-step process that begins with concept proposals and would only advance to the second step, which are
fully detailed proposals, if the commission so directed;
(4) Provisions that require concept proposals to include
at least the following information: Proposers’ qualifications
and experience; description of the proposed project and
47.29.170
[Title 47 RCW—page 119]
47.29.180
Title 47 RCW: Public Highways and Transportation
impact; proposed project financing; and known public benefits and opposition; and
(5) Provisions that specify the process to be followed if
the commission is interested in the concept proposal, which
must include provisions:
(a) Requiring that information regarding the potential
project would be published for a period of not less than thirty
days, during which time entities could express interest in submitting a proposal;
(b) Specifying that if letters of interest were received
during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and
(c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest
submitted in the appropriate time frame.
The commission may adopt other rules as necessary to
avoid conflicts with existing laws, statutes, or contractual
obligations of the state.
The commission may not accept or consider any unsolicited proposals before July 1, 2009. [2007 c 518 § 702; 2006
c 370 § 604; 2005 c 317 § 17.]
Severability—Effective date—2007 c 518: See notes following RCW
46.68.170.
Severability—2006 c 370: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 370 § 701.]
Effective date—2006 c 370: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2006]." [2006 c 370 § 702.]
47.29.180 Advisory committees. For projects with
costs, including financing costs, of three hundred million dollars or greater, advisory committees are required.
(1) The commission must establish an advisory committee to advise with respect to eligible projects. An advisory
committee must consist of not fewer than five and not more
than nine members, as determined by the public partners.
Members must be appointed by the commission, or for
projects with joint public sector participation, in a manner
agreed to by the commission and any participating unit of
government. In making appointments to the committee, the
commission shall consider persons or organizations offering
a diversity of viewpoints on the project.
(2) An advisory committee shall review concepts or proposals for eligible projects and submit comments to the public sector partners.
(3) An advisory committee shall meet as necessary at
times and places fixed by the department, but not less than
twice per year. The state shall provide personnel services to
assist the advisory committee within the limits of available
funds. An advisory committee may adopt rules to govern its
proceedings and may select officers.
(4) An advisory committee must be dissolved once the
project has been fully constructed and debt issued to pay for
the project has been fully retired. [2005 c 317 § 18.]
47.29.180
47.29.190 Confidentiality. A proposer shall identify
those portions of a proposal that the proposer considers to be
confidential, proprietary information, or trade secrets and
provide any justification as to why these materials, upon
47.29.190
[Title 47 RCW—page 120]
request, should not be disclosed by the authority. Patent
information will be covered until the patent expires. Other
information such as originality of design or records of negotiation may only be protected under this section until an
agreement is reached. Disclosure must occur before final
agreement and execution of the contract. Projects under federal jurisdiction or using federal funds must conform to federal regulations under the Freedom of Information Act.
[2005 c 317 § 19.]
47.29.200 Prevailing wages. If public funds are used to
pay any costs of construction of a public facility that is part of
an eligible project, chapter 39.12 RCW applies to the entire
eligible public works project. [2005 c 317 § 20.]
47.29.200
47.29.210 Government agreements. The state may,
either separately or in combination with any other public sector partner, enter into working agreements, coordination
agreements, or similar implementation agreements, including
the formation of bistate transportation organizations, to carry
out the joint implementation of a transportation project
selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces
for transborder transportation projects. [2005 c 317 § 21.]
47.29.210
47.29.220 Eminent domain. The state may exercise the
power of eminent domain to acquire property, rights-of-way,
or other rights in property for projects that are necessary to
implement an eligible project developed under this chapter,
regardless of whether the property will be owned in fee simple by the state. [2005 c 317 § 22.]
47.29.220
47.29.230 Transportation innovative partnership
account. (1) The transportation innovative partnership
account is established in the custody of the state treasurer
separate and distinct from the state general fund. Interest
earned by the transportation innovative partnership account
must be credited to the account. The account is subject to
allotment procedures under chapter 43.88 RCW.
(2) The following moneys must be deposited into the
transportation innovative partnership account:
(a) Proceeds from bonds or other financing instruments
issued under RCW 47.29.250;
(b) Revenues received from any transportation project
developed under this chapter or developed under the general
powers granted to the department; and
(c) Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.
(3) Moneys in the transportation innovative partnership
account may only be expended upon evidence of approval by
the Washington state legislature, either upon appropriation of
supporting state funds or by other statutory direction.
(4) The state treasurer shall serve as a fiduciary for the
purpose of carrying out this chapter and implementing all or
portions of any transportation project financed under this
chapter.
(5) Moneys in the transportation innovative partnership
account that were derived from revenue subject to Article II,
section 40 (Amendment 18) of the Washington state Consti47.29.230
(2008 Ed.)
Transportation Innovative Partnerships
tution, may be used only for purposes authorized by that provision of the state Constitution.
(6) The state treasurer shall establish separate subaccounts within the transportation innovative partnership
account for each transportation project that is initiated under
this chapter or under the general powers granted to the
department. Except as provided in subsection (5) of this section, the state may pledge moneys in the transportation innovative partnership account to secure revenue bonds or any
other debt obligations relating to the project for which the
account is established. [2005 c 317 § 23.]
47.29.240
47.29.240 Use of account. (1) The state may use moneys in the transportation innovative partnership subaccount to
ensure the repayment of loan guarantees or extensions of
credit made to or on behalf of private entities engaged in the
planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, preservation, management, repair, or operation of any
eligible project that is related to a subaccount established
under this chapter.
(2) The lien of a pledge made under this section is subordinate to the lien of a pledge securing bonds payable from
moneys in the motor vehicle fund established in RCW
46.68.070, or the transportation innovative partnership
account established in RCW 47.29.230. [2005 c 317 § 24.]
47.29.290
47.29.260 Study and report. The department shall
conduct a study of:
(1) The contracting powers and project management
authorities it currently possesses; those same powers and
authorities authorized under this chapter; and those powers
and authorities employed by other states or the private sector;
(2) Methods of encouraging competition for the development of transportation projects; and
(3) Any additional procedures that may be necessary or
desirable for negotiating contracts in situations of a single
qualified bidder, in either solicited or unsolicited proposals.
The department must submit its report, along with any
recommended legislative changes, to the commission by
November 1, 2005, and to the governor and the legislature for
consideration in the 2006 legislative session. [2005 c 317 §
26.]
47.29.260
47.29.270 Federal laws. Notwithstanding any provision of this chapter, applicable federal laws, rules, and regulations govern in any situation that involves federal funds if
the federal laws, rules, or regulations:
(1) Conflict with any provision of this chapter;
(2) Require procedures that are additional to or different
from those provided in this chapter; or
(3) Require contract provisions not authorized in this
chapter. If no federal funds are provided, state laws, rates,
and rules will govern. [2005 c 317 § 27.]
47.29.270
47.29.250
47.29.250 Issuing bonds and other obligations. (1) In
addition to any authority the commission or department has
to issue and sell bonds and other similar obligations, this section establishes continuing authority for the issuance and sale
of bonds and other similar obligations in a manner consistent
with this section. To finance a project in whole or in part, the
commission may request that the state treasurer issue revenue
bonds on behalf of the public sector partner. The bonds must
be secured by a pledge of, and a lien on, and be payable only
from moneys in the transportation innovative partnership
account established in RCW 47.29.230, and any other revenues specifically pledged to repayment of the bonds. Such a
pledge by the public partner creates a lien that is valid and
binding from the time the pledge is made. Revenue bonds
issued under this section are not general obligations of the
state or local government and are not secured by or payable
from any funds or assets of the state other than the moneys
and revenues specifically pledged to the repayment of such
revenue bonds.
(2) Moneys received from the issuance of revenue bonds
or other debt obligations, including any investment earnings
thereon, may be spent:
(a) For the purpose of financing the costs of the project
for which the bonds are issued;
(b) To pay the costs and other administrative expenses of
the bonds;
(c) To pay the costs of credit enhancement or to fund any
reserves determined to be necessary or advantageous in connection with the revenue bonds; and
(d) To reimburse the public sector partners for any costs
related to carrying out the projects authorized under this
chapter. [2005 c 317 § 25.]
(2008 Ed.)
47.29.280 Expert review panel on proposed project
agreements—Creation—Authority. (1) The department
shall establish an expert review panel to review, analyze, and
make recommendations to the governor and the transportation commission on whether to approve, reject, or continue
negotiations on a proposed project agreement under this
chapter. The department shall provide staff to support the
expert review panel, if requested by the panel. The expert
review panel may utilize any of the consultants under contract for the department, and the expert review panel may
contract for consulting expertise in specific areas as it deems
necessary to ensure a thorough and critical review of any proposed project agreement.
(2) The governor shall appoint members of an expert
review panel that have experience in large capital project
delivery, public-private partnerships, public financing of
infrastructure improvements, or other areas of expertise that
will benefit the panel. The panel shall consist of no less than
three, but no more than five members, as determined by the
governor. [2006 c 334 § 49.]
47.29.280
Effective date—2006 c 334: See note following RCW 47.01.051.
47.29.290 Expert review panel on proposed project
agreements—Execution of agreements. Upon receiving
the recommendations of the expert review panel as provided
in RCW 47.29.280, and upon consultation with the governor,
the transportation commission shall either execute the proposed project agreement, reject the proposed project agreement, or continue further negotiations between the state and a
private partner. The execution of any agreement or the rejection of any agreement shall constitute a final action for legal
or administrative purposes. [2006 c 334 § 50.]
47.29.290
[Title 47 RCW—page 121]
47.29.900
Title 47 RCW: Public Highways and Transportation
Effective date—2006 c 334: See note following RCW 47.01.051.
47.29.900 Captions not law. Captions used in this
chapter are not part of the law. [2005 c 317 § 28.]
47.29.900
Chapter 47.30
Chapter 47.30 RCW
TRAILS AND PATHS
Sections
47.30.005
47.30.010
47.30.020
47.30.030
47.30.040
47.30.050
47.30.060
47.30.070
Definitions.
Recreational trail interference.
Facilities for nonmotorized traffic—Joint usage of rights-ofway.
Facilities for nonmotorized traffic—Expenditure of available
funds.
Establishing paths and trails—Factors to be considered.
Expenditures for paths and trails—Minimum amount.
Expenditures deemed to be for highway purposes—Powers
and duties of department—Restrictions on use of paths and
trails.
Bicycle, equestrian, pedestrian paths as public highways.
Recreation trails system: Chapter 79A.35 RCW.
47.30.005 Definitions. For the purposes of this chapter,
"trail" or "path" means a public way constructed primarily for
and open to pedestrians, equestrians, or bicyclists, or any
combination thereof, other than a sidewalk constructed as a
part of a city street or county road for the exclusive use of
pedestrians. The term "trail" or "path" also includes a widened shoulder of a highway, street, or road when the extra
shoulder width is constructed to accommodate bicyclists consistent with a comprehensive plan or master plan for bicycle
trails or paths adopted by a state or local governmental
authority either prior to such construction or prior to January
1, 1980. [1979 ex.s. c 121 § 4.]
47.30.005
47.30.010 Recreational trail interference. (1) No limited access highway shall be constructed that will result in the
severance or destruction of an existing recreational trail of
substantial usage for pedestrians, equestrians or bicyclists
unless an alternative recreational trail, satisfactory to the
authority having jurisdiction over the trail being severed or
destroyed, either exists or is reestablished at the time the limited access highway is constructed. If a proposed limited
access highway will sever a planned recreational trail which
is part of a comprehensive plan for trails adopted by a state or
local governmental authority, and no alternative route for the
planned trail exists which is satisfactory to the authority
which adopted the comprehensive plan for trails, the state or
local agency proposing to construct the limited access highway shall design the facility and acquire sufficient right-ofway to accommodate future construction of the portion of the
trail which will properly lie within the highway right-of-way.
Thereafter when such trail is developed and constructed by
the authority having jurisdiction over the trail, the state or
local agency which constructed the limited access highway
shall develop and construct the portion of such trail lying
within the right-of-way of the limited access highway.
(2) Where a highway other than a limited access highway crosses a recreational trail of substantial usage for pedestrians, equestrians, or bicyclists, signing sufficient to insure
safety shall be provided.
47.30.010
[Title 47 RCW—page 122]
(3) Where the construction or reconstruction of a highway other than a limited access highway would destroy the
usefulness of an existing recreational trail of substantial
usage for pedestrians, equestrians, or bicyclists or of a
planned recreational trail for pedestrians, equestrians, or
bicyclists incorporated into the comprehensive plans for trails
of the state or any of its political subdivisions, replacement
land, space, or facilities shall be provided and where such
recreational trails exist at the time of taking, reconstruction of
said recreational trails shall be undertaken. [1971 ex.s. c 130
§ 1.]
47.30.020 Facilities for nonmotorized traffic—Joint
usage of rights-of-way. Facilities for pedestrians, equestrians, or bicyclists shall be incorporated into the design of
highways and freeways along corridors where such facilities
do not exist upon a finding that such facilities would be of
joint use and conform to the comprehensive plans of public
agencies for the development of such facilities, will not
duplicate existing or proposed routes, and that safety to both
motorists and to pedestrians, equestrians, and bicyclists
would be enhanced by the segregation of traffic.
In planning and design of all highways, every effort shall
be made consistent with safety to promote joint usage of
rights-of-way for trails and paths in accordance with the comprehensive plans of public agencies. [1971 ex.s. c 130 § 2.]
47.30.020
47.30.030 Facilities for nonmotorized traffic—
Expenditure of available funds. Where an existing highway severs, or where the right-of-way of an existing highway
accommodates a trail for pedestrians, equestrians, or bicyclists or where the separation of motor vehicle traffic from
pedestrians, equestrians, or bicyclists will materially increase
the motor vehicle safety, the provision of facilities for pedestrians, equestrians, or bicyclists which are a part of a comprehensive trail plan adopted by federal, state, or local governmental authority having jurisdiction over the trail is hereby
authorized. The department of transportation, or the county
or city having jurisdiction over the highway, road, or street,
or facility is further authorized to expend reasonable amounts
out of the funds made available to them, according to the provisions of RCW 46.68.090, as necessary for the planning,
accommodation, establishment, and maintenance of such
facilities. [1999 c 269 § 10; 1979 ex.s. c 121 § 1; 1974 ex.s.
c 141 § 12; 1972 ex.s. c 103 § 2.]
47.30.030
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 103 § 8.]
47.30.040 Establishing paths and trails—Factors to
be considered. Before establishing paths and trails, the following factors shall be considered:
(1) Public safety;
(2) The cost of such paths and trails as compared to the
need or probable use;
(3) Inclusion of the trail in a plan for a comprehensive
trail system adopted by a city or county in a state or federal
trails plan. [1972 ex.s. c 103 § 3.]
47.30.040
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
(2008 Ed.)
Obstructions on Right-of-Way
47.30.050 Expenditures for paths and trails—Minimum amount. (1) The amount expended by a city, town, or
county as authorized by RCW 47.30.030 shall never in any
one fiscal year be less than 0.42 percent of the total amount of
funds received from the motor vehicle fund according to
RCW 46.68.090. However, this section does not apply to a
city or town in any year in which the 0.42 percent equals five
hundred dollars or less, or to a county in any year in which the
0.42 percent equals three thousand dollars or less. Also, a
city, town, or county in lieu of expending the funds each year
may credit the funds to a financial reserve or special fund, to
be held for not more than ten years, and to be expended for
the purposes required or permitted by RCW 47.30.030.
(2) In each fiscal year the department of transportation
shall expend, as a minimum, for the purposes mentioned in
RCW 47.30.030 a sum equal to three-tenths of one percent of
all funds, both state and federal, expended for the construction of state highways in such year, or in order to more efficiently program trail improvements the department may defer
any part of such minimum trail or path expenditures for a fiscal year for a period not to exceed four years after the end of
such fiscal year. Any fiscal year in which the department
expends for trail or path purposes more than the minimum
sum required by this subsection, the amount of such excess
expenditure shall constitute a credit which may be carried
forward and applied to the minimum trail and path expenditure requirements for any of the ensuing four fiscal years.
(3) The department of transportation, a city, or a county
in computing the amount expended for trails or paths under
their respective jurisdictions may include the cost of
improvements consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local
governmental authority either prior to such construction or
prior to January 1, 1980. [1999 c 269 § 11; 1979 ex.s. c 121
§ 2; 1972 ex.s. c 103 § 4.]
47.30.050
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
Perpetual advanced six-year plans for coordinated transportation program,
expenditures—Nonmotorized transportation—Railroad right-of-way:
RCW 36.81.121.
47.30.060 Expenditures deemed to be for highway
purposes—Powers and duties of department—Restrictions on use of paths and trails. For the purposes of this
chapter, the establishment of paths and trails and the expenditure of funds as authorized by RCW 47.30.030, as now or
hereafter amended, shall be deemed to be for highway, road,
and street purposes. The department of transportation shall,
when requested, and subject to reimbursement of costs, provide technical assistance and advice to cities, towns, and
counties in carrying out the purposes of RCW 47.30.030, as
now or hereafter amended. The department shall recommend
construction standards for paths and trails. The department
shall provide a uniform system of signing paths and trails
which shall apply to paths and trails under the jurisdiction of
the department and of cities, towns, and counties. The department and cities, towns, and counties may restrict the use of
paths and trails under their respective jurisdictions to pedestrians, equestrians, and nonmotorized vehicles. [1979 ex.s. c
121 § 3; 1972 ex.s. c 103 § 5.]
47.30.060
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
(2008 Ed.)
47.32.020
47.30.070 Bicycle, equestrian, pedestrian paths as
public highways. For purposes of 43 U.S.C. 912 and related
provisions of federal law involving federally granted railroad
rights-of-way, a bicycle, equestrian or pedestrian path shall
be deemed to be a public highway under the laws of the state
of Washington. [1993 c 224 § 14.]
47.30.070
Chapter 47.32
Chapter 47.32 RCW
OBSTRUCTIONS ON RIGHT-OF-WAY
Sections
47.32.010
47.32.020
47.32.030
47.32.040
47.32.050
47.32.060
47.32.070
47.32.080
47.32.090
47.32.100
47.32.110
47.32.120
47.32.130
47.32.140
47.32.150
47.32.160
47.32.170
Order to remove obstructions—Removal by state.
Notice of order, contents, posting—Return.
Proceedings in rem authorized—Records certified.
Complaint, contents.
Notice, action, service, contents—Proceedings void when.
Hearing—Findings—Order—Appellate review.
Writ, execution of—Return—Disposition of unsold property.
Property reclaimed—Bond.
Sureties on bond—Hearing on claim.
Procedure when claimant wins or loses.
Merchandising structures—Permit—Removal.
Business places along highway.
Dangerous objects and structures as nuisances—Logs—
Abatement—Removal.
Railroad crossings, obstructions—Hearing.
Approach roads, other appurtenances—Permit.
Approach roads, other appurtenances—Rules—Construction,
maintenance of approach roads.
Approach roads, other appurtenances—Removal of installations from right-of-way for default.
Fences: Chapter 16.60 RCW.
Mobile home or park model trailer movement permits and decals: RCW
46.44.170 through 46.44.175.
Removal of disabled vehicle: RCW 46.55.113.
47.32.010 Order to remove obstructions—Removal
by state. Whenever the department determines and orders
that it is necessary for the convenience and safety of public
travel and the use of (or construction, alteration, repair,
improvement, or maintenance of) any state highway to have
the full width of right-of-way of any such state highway or of
any portion of the right-of-way of any such state highway
free from any and all obstructions, encroachments, and occupancy, other than pole lines, pipe lines, or other structures
maintained thereon for public or quasi-public utilities by virtue of a valid franchise, and causes due notice of the order to
be given as provided by law, the obstructions, encroachments, and means of occupancy, and any structure, building,
improvement, or other means of occupancy of any of the
right-of-way of the state highway not removed within the
time allowed by law shall become an unlawful property and
may be confiscated, removed, and sold or destroyed by the
state of Washington according to procedure as provided in
this chapter, without any right in anyone to make any claim
therefor, either by reason of the removal thereof or otherwise.
It is unlawful for any person to keep, maintain, or occupy any
such unlawful structure. [1984 c 7 § 176; 1961 c 13 §
47.32.010. Prior: 1937 c 53 § 68; RRS § 6400-68.]
47.32.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.020 Notice of order, contents, posting—
Return. Whenever the department determines that the rightof-way of any state highway or any portion of the right-ofway of any state highway shall be made free from any and all
47.32.020
[Title 47 RCW—page 123]
47.32.030
Title 47 RCW: Public Highways and Transportation
obstructions, encroachments, and occupancy it shall forthwith cause to be posted, by a competent person eighteen
years of age or over upon any and all structures, buildings,
improvements, and other means of occupancy of the state
highway or portion thereof, other than property of public or
quasi-public utilities, by virtue of a valid franchise, a notice
bearing a copy of the order and dated as of the date of posting,
to all whom it may concern to vacate the right-of-way and to
remove all property from the right-of-way within ten days
after the posting of the notice, exclusive of the date of posting. The department shall also require the filing of duplicate
affidavits in proof of the postings, showing upon what structures, buildings, improvements, or other means of occupancy
of the state highway or portions thereof, respectively, copies
of the notice were posted and the date of each such posting,
sworn to by the person making the posting. [1984 c 7 § 177;
1971 ex.s. c 292 § 46; 1961 c 13 § 47.32.020. Prior: 1937 c
53 § 69; RRS § 6400-69.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
47.32.030 Proceedings in rem authorized—Records
certified. In case the property or any portion thereof
described in the notice is not removed from the right-of-way
within ten days after the date of the posting, exclusive of the
date of posting, all such property upon the right-of-way of the
state highway or portion thereof becomes unlawful, and the
department shall commence proceedings in the name of the
state of Washington for the removal thereof by court action.
The department shall thereupon prepare two original copies
of the order together with two copies each of the notice
posted and of the affidavits in proof of posting thereof and
duplicate copies of a certificate by the department describing
with reasonable certainty and with due reference to the center
line stationing of the state highway and to proper legal subdivisional points, each structure, building, improvement,
encroachment, or other means of occupancy, other than pole
lines, pipe lines, or other structures maintained for public and
quasi-public utilities, on the state highway or portion thereof
specified in the order that remain upon the right-of-way as
aforesaid. Thereupon action shall be commenced in rem for
the purpose of removal of all such unlawful property, in the
superior court of the county in which the state highway or
portion thereof containing the structures is situated, entitled
and in the name of the state of Washington as plaintiff and
describing each unlawful structure, building, improvement,
encroachment, or other means of occupancy, which structures, buildings, improvements, encroachments, or other
means of occupancy shall be briefly named as defendants.
[1984 c 7 § 178; 1961 c 13 § 47.32.030. Prior: 1937 c 53 §
70; RRS § 6400-70; prior: 1925 ex.s. c 131 § 3; RRS § 68373.]
47.32.030
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.040 Complaint, contents. The complaint shall,
in such action, describe the property unlawfully remaining
upon the right-of-way of the state highway or portion thereof
with reasonable certainty by reference to the certificate of the
department, which shall be attached to and filed with the
complaint, and pray that an order be entered for the removal
47.32.040
[Title 47 RCW—page 124]
from the right-of-way of the state highway or portion thereof
of all the described property unlawfully thereon and the disposal thereof. [1984 c 7 § 179; 1961 c 13 § 47.32.040. Prior:
1937 c 53 § 71; RRS § 6400-71; prior: 1925 ex.s. c 131 § 4;
RRS § 6837-4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.050
47.32.050 Notice, action, service, contents—Proceedings void when. Service of such complaint shall be given by
publication of notice thereof once a week for two successive
weeks in a newspaper of general circulation in the county in
which such action is commenced, which notice shall briefly
state the objects of the action and contain a brief description
of each structure, building, improvement, encroachment or
other means of occupancy sought to be removed from the
right-of-way of the state highway, describe such state highway or portion thereof by number and location and state the
time and place when and where the action will come before
the court or judge thereof; and a copy of such notice shall also
be posted at least ten days before the date of hearing of such
action upon each such structure, building, improvement,
encroachment or other means of occupancy described
therein. Posting may be made by any person qualified to
serve legal process. Want of posting upon, or failure to
describe any such structure, building, improvement,
encroachment or other means of occupancy shall render subsequent proceedings void as to those not posted upon or
described but all others described and posted upon shall be
bound by the subsequent proceedings. [1961 c 13 §
47.32.050. Prior: 1937 c 53 § 72; RRS 6400-72; prior: 1925
ex.s. c 131 § 5; RRS § 6837-5.]
47.32.060
47.32.060 Hearing—Findings—Order—Appellate
review. At the time and place appointed for hearing upon the
complaint, which hearing shall be by summary proceedings,
if the court or judge thereof finds that due notice has been
given by posting and publication and that the order of the
department was duly made, and is further satisfied and finds
that the state highway or portion thereof described is legally
a state highway having the width of right-of-way specified in
the order and that the structure, buildings, improvements, or
other means of occupancy of the state highway or portion
thereof as stated in the certificate of the department do in fact
encroach, or that any portion thereof encroach, upon the state
highway right-of-way, the court or judge thereof shall thereupon make and enter an order establishing that each of the
structures, buildings, improvements, and other means of
occupancy specified in the order is unlawfully maintained
within the right-of-way and is subject to confiscation and sale
and that they be forthwith confiscated, removed from the
right-of-way, and sold, and providing that six days after the
entry of the order, a writ shall issue from the court directed to
the sheriff of the county, commanding the sheriff to seize and
remove from the right-of-way of the state highway each such
structure, building, improvement, or other means of occupancy specified in the order forthwith on receipt of a writ
based on the order and to take and hold the property in his
custody for a period of ten days, unless redelivered earlier as
provided for by law, and if not then so redelivered to sell the
property at public or private sale and to pay the proceeds
(2008 Ed.)
Obstructions on Right-of-Way
thereof into the registry of the court within sixty days after
the issuance of the writ, and further in such action, including
costs of posting original notices of the department, the costs
of posting and publishing notices of hearing as part thereof
and any cost of removal, be paid by the clerk to the state treasurer and credited to the motor vehicle fund. The order shall
be filed with the clerk of the court and recorded in the minutes of the court, and is final unless appellate review thereof
is sought within five days after filing of the order. [1988 c
202 § 45; 1984 c 7 § 180; 1961 c 13 § 47.32.060. Prior: 1937
c 53 § 73; RRS § 6400-73; prior: 1925 ex.s. c 131 § 7; RRS
§ 6837-7.]
Severability—1988 c 202: See note following RCW 2.24.050.
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.070 Writ, execution of—Return—Disposition
of unsold property. Six days after filing of the order above
provided for, if no review thereof be taken to the supreme
court or the court of appeals of the state, the clerk of the court
shall issue under seal of such court a writ directed to the sheriff of the county in which such court is held commanding him
to remove, take into custody and dispose of the property
described in such order and make returns thereof as provided
for such writ by said order. On receipt of such writ it shall be
the duty of such sheriff to obey the command thereof, proceed as therein directed and make return within the time fixed
by such writ; and said sheriff shall be liable upon his official
bond for the faithful discharge of such duties. Upon filing of
such return the clerk of court shall make payments as provided for in the order of court. If by the sheriff’s return any of
the property seized and removed pursuant to such writ is
returned as unsold and as of no sale value, and if the court or
judge thereof be satisfied that such is the fact, the court or
judge thereof may make further order directing the destruction of such property, otherwise directing the sheriff to give
new notice and again offer the same for sale, when, if not
sold, the same may on order of court be destroyed. [1971 c
81 § 115; 1961 c 13 § 47.32.070. Prior: 1937 c 53 § 74; RRS
§ 6400-74; prior: 1925 ex.s. c 131 § 8; RRS § 6837-8.]
47.32.070
47.32.080 Property reclaimed—Bond. At any time
within ten days after the removal by virtue of such writ of any
such property from the right-of-way of such state highway
any person, firm, association or corporation claiming ownership or right of possession of any such property may have the
right to demand and to receive the same from the sheriff upon
making an affidavit that such claimant owns such property or
is entitled to possession thereof, stating on oath the value
thereof satisfactory to said sheriff, or which value shall be
raised to a value satisfactory to said sheriff, which value shall
be indorsed on said affidavit and signed both by said claimant
and said sheriff before such sheriff shall be required to accept
the bond hereinafter provided for, and deliver to the sheriff a
bond with sureties in double the value of such property, conditioned that such claimant will appear in the superior court
of such county within ten days after the bond is accepted by
the sheriff and make good such claim of title thereto and pay
all accrued costs of service of notice to remove, all costs and
disbursements to be assessed to such property and the costs of
removal and custody thereof and will hold said sheriff and the
47.32.080
(2008 Ed.)
47.32.110
state of Washington free from any and all claims on account
of such property or will return such property or pay its value
to said sheriff, and that such claimant will at all times thereafter keep such property off the right-of-way of the state
highway in question. [1961 c 13 § 47.32.080. Prior: 1937 c
53 § 75; RRS § 6400-75; prior: 1925 ex.s. c 131 § 9; RRS §
6837-9.]
47.32.090 Sureties on bond—Hearing on claim. The
sureties on such bond shall justify as in other cases if the sheriff requires it and in case they do not so justify when required,
the sheriff shall retain and sell or dispose of the property; and
if the sheriff does not require the sureties to justify, he shall
stand good for their sufficiency. He shall date and indorse his
acceptance upon the bond, and shall return the affidavit, bond
and justification, if any, to the office of the clerk of such
superior court, whereupon such clerk shall set the hearing
thereof as a separate case for trial, in which such claimant
shall be the plaintiff and the sheriff and the state of Washington defendants: PROVIDED, That no costs shall, in such
case, be assessed against the sheriff or the state of Washington in the event the plaintiff should prevail. [1961 c 13 §
47.32.090. Prior: 1937 c 53 § 76; RRS § 6400-76; prior:
1925 ex.s. c 131 § 10; RRS § 6837-10.]
47.32.090
47.32.100 Procedure when claimant wins or loses. If
the claimant makes good the claimant’s title to or right to
possession of the property, upon payment into the registry of
the court of the costs of service or posting of original notice
issued by the department with respect to the property, the cost
of posting notice of hearing in the court and such proportion
of the cost of publication of the notice as the court may fix
and direct to be entered and the clerk’s fees of filing the affidavit and bond as a separate action and of entry of judgment
therein at the amounts provided for in civil actions, judgment
shall be entered restoring the property to the claimant without
any confirmation of title as to any other claimant thereto,
relieving the sheriff from necessity of selling the property
and making return thereon, and continuing the effect of the
bond for a period of six years thereafter for the benefit of such
adverse claimants to the property, if any, as may thereafter
make claim to the property. If the claimant does not make
good such claim of title to or right to possession of the property, judgment shall be rendered against the claimant and the
sureties of the claimant for the value of the property as finally
shown by the affidavit as above provided for, together with
such fees for filing the affidavit and bond as a separate action
and for entry of judgment therein and other costs and disbursements as taxed in any civil action including the statutory
attorney fee as part thereof, for all of which execution may
accordingly issue, and relieving the sheriff from the necessity
of selling the property or making return thereon. [1984 c 7 §
181; 1961 c 13 § 47.32.100. Prior: 1937 c 53 § 77; RRS §
6400-77; prior: 1925 ex.s. c 131 § 11; RRS § 6837-11.]
47.32.100
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.110 Merchandising structures—Permit—
Removal. It is unlawful for any person to build, erect, establish, operate, maintain, or conduct along and upon the rightof-way of any state highway any platform, box, stand, or any
47.32.110
[Title 47 RCW—page 125]
47.32.120
Title 47 RCW: Public Highways and Transportation
other temporary or permanent device or structure used or to
be used for the purpose of receiving, vending, or delivering
any milk, milk cans, vegetables, fruits, merchandise, produce, or any other thing or commodity of any nature unless a
permit therefor has first been obtained from the department.
The department shall in each instance determine where any
platform, box, stand, or any other temporary or permanent
device or structure shall be permitted. Upon the existence of
any such device or structure without a permit having been
first obtained, it shall be considered an obstruction unlawfully upon the right-of-way of the state highway, and the
department may proceed to effect its removal. [1984 c 7 §
182; 1961 c 13 § 47.32.110. Prior: 1937 c 53 § 78; RRS §
6400-78; 1927 c 309 § 48; RRS § 6362-48; 1923 c 181 § 10;
RRS § 6358-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.120 Business places along highway. Except as
provided in RCW 47.04.270, it is unlawful for any person to
erect a structure or establishment or maintain a business, the
nature of which requires the use by patrons or customers of
property adjoining the structure or establishment unless the
structure or establishment is located at a distance from the
right-of-way of any state highway so that none of the rightof-way thereof is required for the use of the patrons or customers of the establishment. Any such structure erected or
business maintained that makes use of or tends to invite
patrons to use the right-of-way or any portion thereof of any
state highway by occupying it while a patron is a public nuisance, and the department may fence the right-of-way of the
state highway to prevent such unauthorized use thereof.
[2006 c 324 § 2; 1984 c 7 § 183; 1961 c 13 § 47.32.120.
Prior: 1937 c 53 § 79; RRS § 6400-79.]
47.32.120
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.130 Dangerous objects and structures as nuisances—Logs—Abatement—Removal. (1) Whenever
there exists upon the right-of-way of any state highway or off
the right-of-way thereof in sufficiently close proximity
thereto, any structure, device, or natural or artificial thing that
threatens or endangers the state highway or portion thereof,
or that tends to endanger persons traveling thereon, or
obstructs or tends to obstruct or constitutes a hazard to vehicles or persons traveling thereon, the structure, device, or natural or artificial thing is declared to be a public nuisance, and
the department is empowered to take such action as may be
necessary to effect its abatement. Any such structure, device,
or natural or artificial thing considered by the department to
be immediately or eminently dangerous to travel upon a state
highway may be forthwith removed, and the removal in no
event constitutes a breach of the peace or trespass.
(2) Logs dumped on any state highway roadway or in
any state highway drainage ditch due to equipment failure or
for any other reason shall be removed immediately. Logs
remaining within the state highway right-of-way for a period
of thirty days shall be confiscated and removed or disposed of
as directed by the department. [1984 c 7 § 184; 1961 c 13 §
47.32.130. Prior: 1947 c 206 § 3; 1937 c 53 § 80; Rem. Supp.
1947 § 6400-80.]
47.32.130
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 126]
Obstructing highway, public nuisance: RCW 9.66.010.
Placing dangerous substances or devices on highway: RCW 9.66.050,
46.61.645, 70.93.060.
47.32.140
47.32.140 Railroad crossings, obstructions—Hearing. Each railroad company shall keep its right-of-way clear
of all brush and timber in the vicinity of a railroad grade
crossing with a state highway for a distance of one hundred
feet from the crossing in such manner as to permit a person
upon the highway to obtain an unobstructed view in both
directions of an approaching train. The department shall
cause brush and timber to be cleared from the right-of-way of
a state highway in the proximity of a railroad grade crossing
for a distance of one hundred feet from the crossing in such
manner as to permit a person upon the highway to obtain an
unobstructed view in both directions of an approaching train.
It is unlawful to erect or maintain a sign, signboard, or billboard, except official highway signs and traffic devices and
railroad warning or operating signs, outside the corporate
limits of any city or town within a distance of one hundred
feet from the point of intersection of the highway and railroad
grade crossing unless, after thirty days notice to the Washington utilities and transportation commission and the railroad
operating the crossing, the department determines that it does
not obscure the sight distance of a person operating a vehicle
or train approaching the grade crossing.
When a person who has erected or who maintains such a
sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade
crossing with a state highway or permits the surface of a
grade crossing to become inconvenient or dangerous for passage and who has the duty to maintain it, fails, neglects, or
refuses to remove or cause to be removed such brush, timber,
sign, signboard, or billboard, or maintain the surface of the
crossing, the utilities and transportation commission upon
complaint of the department or upon complaint of any party
interested, or upon its own motion, shall enter upon a hearing
in the manner now provided for hearings with respect to railroad-highway grade crossings, and make and enforce proper
orders for the removal of the brush, timber, sign, signboard or
billboard, or maintenance of the crossing. However, nothing
in this section prevents the posting or maintaining of any
legal notice or sign, signal, or traffic device required or permitted to be posted or maintained, or the placing and maintaining thereon of highway or road signs or traffic devices
giving directions or distances for the information of the public when the signs are approved by the department. The
department shall inspect highway grade crossings and make
complaint of the violation of any provisions of this section.
[1983 c 19 § 2; 1961 c 13 § 47.32.140. Prior: 1955 c 310 § 7;
1937 c 53 § 81; RRS § 6400-81; prior: 1923 c 129 §§ 1-6;
RRS §§ 10510-1—10510-6.]
Railroad grade crossings, obstructions: RCW 36.86.100.
47.32.150
47.32.150 Approach roads, other appurtenances—
Permit. No person, firm, or corporation may be permitted to
build or construct on state highway rights-of-way any
approach road or any other facility, thing, or appurtenance
not heretofore permitted by law, without first obtaining written permission from the department. [1984 c 7 § 185; 1961 c
(2008 Ed.)
Traffic Control Devices
13 § 47.32.150. Prior: 1947 c 201 § 1; Rem. Supp. 1947 §
6402-50.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.160 Approach roads, other appurtenances—
Rules—Construction, maintenance of approach roads.
The department is hereby authorized and empowered at its
discretion to adopt reasonable rules governing the issuance of
permits under RCW 47.32.150 for the construction of any
approach road, facility, thing, or appurtenance, upon state
highway rights-of-way. The rules shall be designed to
achieve and preserve reasonable standards of highway safety
and the operational integrity of the state highway facility.
Any permit issued may contain such terms and conditions as
may be prescribed. All such construction shall be under the
supervision of the department and at the expense of the applicant. After completion of the construction of the particular
approach road, facility, thing, or appurtenance, it shall be
maintained at the expense of the applicant and in accordance
with the directions of the department. [1987 c 227 § 1; 1984
c 7 § 186; 1961 c 13 § 47.32.160. Prior: 1947 c 201 § 2; Rem.
Supp. 1947 § 6402-51.]
47.32.160
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.170 Approach roads, other appurtenances—
Removal of installations from right-of-way for default.
Upon failure of the applicant to construct or maintain the particular approach road, facility, thing, or appurtenance in
accordance with the conditions of the permit and in accordance with the rules of the department, the department may,
after the expiration of thirty days following transmittal of a
written notice to the applicant, remove all installations upon
the right-of-way at the expense of the applicant, which
expense may be recovered from the applicant by the department for the state in any court of competent jurisdiction.
[1984 c 7 § 187; 1961 c 13 § 47.32.170. Prior: 1947 c 201 §
3; Rem. Supp. 1947 § 6402-52.]
47.32.170
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.36
Chapter 47.36 RCW
TRAFFIC CONTROL DEVICES
Sections
47.36.005
47.36.010
47.36.020
47.36.030
47.36.040
47.36.050
47.36.053
47.36.060
47.36.070
47.36.080
47.36.090
47.36.095
47.36.097
47.36.100
47.36.110
47.36.120
47.36.130
47.36.141
47.36.180
47.36.200
(2008 Ed.)
Definitions.
Restoration of United States survey markers.
Traffic control signals.
Traffic control devices—Specifications to counties and cities—Signs, banners over highways.
Furnished by department, paid for by counties and cities.
Duty to erect traffic devices on state highways and railroad
crossings.
General duty to place and maintain traffic devices on state
highways and railroad crossings.
Traffic devices on county roads and city streets.
Failure to erect signs, procedure.
Signs at railroad crossings.
Cooperation with United States on road markers.
Highway designation system—Signs.
Highway designation system—Filing.
Directional, caution, and stop signs.
Stop signs, "Yield" signs—Duties of persons using highway.
City limit signs.
Meddling with signs prohibited.
Bus shelters—Advertising.
Forbidden devices—Penalty.
Signs or flagmen at thoroughfare work sites—Penalty.
47.36.250
47.36.260
47.36.270
47.36.280
47.36.290
47.36.300
47.36.310
47.36.320
47.36.330
47.36.340
47.36.350
47.36.360
47.36.400
47.36.005
Dangerous road conditions requiring special tires, chains, or
traction equipment—Signs or devices—Penalty.
Signs indicating proper lane usage.
Regional shopping center directional signs.
Pavement marking standards.
State park directional signs.
Supplemental directional signs—Erection by local governments.
Motorist information signs—Interstate highways—Contents,
placement, fees.
Motorist information signs, tourist-oriented directional
signs—Primary and scenic roads—Contents, placement,
fees.
Motorist information signs—Maximum number and distance.
Motorist information signs—Lodging.
Motorist information signs—Installation time.
Motorist information signs—"RV" logo.
Adopt-a-highway signs.
County roads, signs, signals, guideposts—Standards: RCW 36.86.040.
Range areas, signs: RCW 16.24.060.
Rules of the road: Chapter 46.61 RCW.
47.36.005 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(2) "Interstate system" means a state highway that is or
becomes part of the national system of interstate and defense
highways as described in section 103(d) of Title 23, United
States Code.
(3) "Maintain" means to allow to exist.
(4) "Primary system" means a state highway that is or
becomes part of the federal-aid primary system as described
in section 103(b) of Title 23, United States Code.
(5) "Scenic system" means (a) a state highway within a
public park, federal forest area, public beach, public recreation area, or national monument, (b) a state highway or portion of a highway outside the boundaries of an incorporated
city or town designated by the legislature as a part of the scenic system, or (c) a state highway or portion of a highway
outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic and recreational
highway system except for the sections of highways specifically excluded in RCW 47.42.025.
(6) "Motorist information sign panel" means a panel,
rectangular in shape, located in the same manner as other
official traffic signs readable from the main traveled ways,
and consisting of:
(a) The words "GAS," "FOOD," "LODGING," "CAMPING," "RECREATION," or "TOURIST ACTIVITIES" and
directional information; and
(b) One or more individual business signs mounted on
the panel.
(7) "Business sign" means a separately attached sign
mounted on the motorist information sign panel or roadside
area information panel to show the brand or trademark and
name, or both, of the motorist service available on the crossroad at or near the interchange. Nationally, regionally, or
locally known commercial symbols or trademarks for service
stations, restaurants, and motels shall be used when applicable. The brand or trademark identification symbol used on the
business sign shall be reproduced with the colors and general
shape consistent with customary use. Messages, trademarks,
or brand symbols that interfere with, imitate, or resemble an
47.36.005
[Title 47 RCW—page 127]
47.36.010
Title 47 RCW: Public Highways and Transportation
official warning or regulatory traffic sign, signal, or device
are prohibited.
(8) "Roadside area information panel or display" means
a panel or display located so as not to be readable from the
main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with
information in the specific interest of the traveling public.
(9) "Tourist-oriented directional sign" means a sign on a
motorist information sign panel on the state highway system
to provide directional information to a qualified tourist-oriented business, service, or activity.
(10) "Qualified tourist-oriented business" means a lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit
activity, the major portion of whose income or visitors are
derived during its normal business season from motorists not
residing in the immediate area of the activity.
(11) "Adopt-a-highway sign" means a sign on a state
highway right-of-way referring to the departments’ adopt-ahighway litter control program. [1999 c 201 § 1; 1991 c 94 §
3.]
47.36.010 Restoration of United States survey markers. The department shall fix permanent monuments at the
original positions of all United States government monuments at township corners, section corners, quarter section
corners, meander corners, and witness markers, as originally
established by the United States government survey whenever any such original monuments or markers fall within the
right-of-way of any state highway, and aid in the reestablishment of any such corners, monuments, or markers destroyed
or obliterated by the construction of any state highway by
permitting inspection of the records in the department’s
office. [1984 c 7 § 188; 1961 c 13 § 47.36.010. Prior: 1937
c 53 § 42; RRS § 6400-42; 1931 c 117 § 1; RRS § 6830-1.]
47.36.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.020 Traffic control signals. The secretary of
transportation shall adopt specifications for a uniform system
of traffic control signals consistent with the provisions of this
title for use upon public highways within this state. Such uniform system shall correlate with and so far as possible conform to the system current as approved by the American
Association of State Highway Officials and as set out in the
manual of uniform traffic control devices for streets and
highways. [1977 ex.s. c 151 § 60; 1961 c 13 § 47.36.020.
Prior: 1937 c 53 § 50; RRS § 6400-50; prior: 1927 c 309 §
6; RRS § 6362-6.]
47.36.020
47.36.030 Traffic control devices—Specifications to
counties and cities—Signs, banners over highways. (1)
The secretary of transportation shall have the power and it
shall be its duty to adopt and designate a uniform state standard for the manufacture, display, erection, and location of all
signs, signals, signboards, guideposts, and other traffic
devices erected or to be erected upon the state highways of
the state of Washington for the purpose of furnishing information to persons traveling upon such state highways regarding traffic regulations, directions, distances, points of danger,
and conditions requiring caution, and for the purpose of
47.36.030
[Title 47 RCW—page 128]
imposing restrictions upon persons operating vehicles
thereon. Such signs shall conform as nearly as practicable to
the manual of specifications for the manufacture, display, and
erection of uniform traffic control devices for streets and
highways and all amendments, corrections, and additions
thereto.
(2) The department of transportation shall prepare plans
and specifications of the uniform state standard of traffic
devices so adopted and designated, showing the materials,
colors, and designs thereof, and shall upon the issuance of
any such plans and specifications or revisions thereof and
upon request, furnish to the boards of county commissioners
and the governing body of any incorporated city or town, a
copy thereof. Signs, signals, signboards, guideposts, and
other traffic devices erected on county roads shall conform in
all respects to the specifications of color, design, and location
approved by the secretary. Traffic devices hereafter erected
within incorporated cities and towns shall conform to such
uniform state standard of traffic devices so far as is practicable. The uniform system must allow local transit authority
bus shelters located within the right-of-way of the state highway system to display and maintain commercial advertisements subject to applicable federal regulations, if any.
(3) The uniform system adopted by the secretary under
this section may allow signs, banners, or decorations over a
highway that:
(a) Are in unincorporated areas;
(b) Are at least twenty vertical feet above a highway; and
(c) Do not interfere with or obstruct the view of any traffic control device.
The department shall adopt rules regulating signs, banners, or decorations installed under this subsection (3). [2005
c 398 § 1; 2003 c 198 § 3; 1977 ex.s. c 151 § 61; 1961 c 13 §
47.36.030. Prior: 1945 c 178 § 1, part; 1937 c 53 § 48, part;
Rem. Supp. 1945 § 6400-48, part; prior: 1931 c 118 § 1, part;
RRS § 6308-1, part; 1923 c 102 § 1, part; 1917 c 78 § 1, part;
RRS § 6303, part.]
47.36.040 Furnished by department, paid for by
counties and cities. The department, upon written request,
shall cause to be manufactured, painted, and printed, and
shall furnish to any county legislative authority or the governing body of any incorporated city or town, directional
signboards, guide boards, and posts of the uniform state standard of color, shape, and design for the erection and maintenance thereof by the county legislative authority or the governing body of any incorporated city or town upon the roads
and streets within their respective jurisdictions. The directional signboards, guide boards, and posts shall be manufactured and furnished, as aforesaid, pursuant to written request
showing the number of signs desired and the directional or
guide information to be printed thereon. The department shall
fix a charge for each signboard, guide board, and post manufactured and furnished as aforesaid, based upon the ultimate
cost of the operations to the department, and the county legislative authority, from the county road fund, and the governing body of any incorporated city or town, from the street
fund, shall pay the charges so fixed for all signboards, guide
boards, and posts so received from the department. [1984 c 7
§ 189; 1961 c 13 § 47.36.040. Prior: 1945 c 178 § 1, part;
1937 c 53 § 48, part; Rem. Supp. 1945 § 6400-48, part; prior:
47.36.040
(2008 Ed.)
Traffic Control Devices
1931 c 118 § 1, part; RRS § 6308-1, part; 1923 c 102 § 1,
part; 1917 c 78 § 1, part; RRS § 6303, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.050 Duty to erect traffic devices on state highways and railroad crossings. The department shall erect
and maintain upon every state highway in the state of Washington suitable and proper signs, signals, signboards, guideposts, and other traffic devices according to the adopted and
designated state standard of design, erection, and location,
and in the manner required by law. The department shall
erect and maintain upon all state highways appropriate stop
signs, warning signs, and school signs. Any person, firm, corporation, or municipal corporation, building, owning, controlling, or operating a railroad that crosses any state highway
at grade shall construct, erect, and maintain at or near each
point of crossing, or at such point or points as will meet the
approval of the department, a sign of the type known as the
saw buck crossing sign with the lettering "railroad crossing"
inscribed thereon and also a suitable inscription indicating
the number of tracks. The sign must be of standard design
that will comply with the plans and specifications furnished
by the department. Additional safety devices and signs may
be installed at any time when required by the utilities and
transportation commission as provided by laws regulating
railroad-highway grade crossings. [1984 c 7 § 190; 1961 c 13
§ 47.36.050. Prior: 1937 c 53 § 49; RRS § 6400-49; prior:
1931 c 118 § 1, part; RRS § 6308-1, part; 1923 c 102 § 1,
part; RRS § 6303, part; 1919 c 146 § 1; 1917 c 78 § 2; RRS §
6304. FORMER PART OF SECTION: 1937 c 53 § 51 now
in RCW 47.36.053.]
47.36.050
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.053 General duty to place and maintain traffic
devices on state highways and railroad crossings. The
department shall place and maintain such traffic devices conforming to the manual and specifications adopted upon all
state highways as it deems necessary to carry out the provisions of this title or to regulate, warn, or guide traffic. [1984
c 7 § 191; 1961 c 13 § 47.36.053. Prior: 1937 c 53 § 51; RRS
§ 6400-51. Formerly RCW 47.36.050, part.]
47.36.053
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.060 Traffic devices on county roads and city
streets. Local authorities in their respective jurisdictions
shall place and maintain such traffic devices upon public
highways under their jurisdiction as are necessary to carry
out the provisions of the law or local traffic ordinances or to
regulate, warn, or guide traffic. Cities and towns, which as
used in this section mean cities and towns having a population of over fifteen thousand according to the latest federal
census, shall adequately equip with traffic devices, streets
that are designated as forming a part of the route of a primary
or secondary state highway and streets which constitute connecting roads and secondary state highways to such cities and
towns. The traffic devices, signs, signals, and markers shall
comply with the uniform state standard for the manufacture,
display, direction, and location thereof as designated by the
department. The design, location, erection, and operation of
traffic devices and traffic control signals upon such city or
47.36.060
(2008 Ed.)
47.36.090
town streets constituting either the route of a primary or secondary state highway to the city or town or connecting streets
to the primary or secondary state highways through the city
or town shall be under the direction of the department, and if
the city or town fails to comply with any such directions, the
department shall provide for the design, location, erection, or
operation thereof, and any cost incurred therefor shall be
charged to and paid from any funds in the motor vehicle fund
of the state that have accrued or may accrue to the credit of
the city or town, and the state treasurer shall issue warrants
therefor upon vouchers submitted and approved by the
department. [1984 c 7 § 192; 1961 c 13 § 47.36.060. Prior:
1955 c 179 § 4; 1939 c 81 § 1; 1937 c 53 § 52; RRS § 640052.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.070 Failure to erect signs, procedure. Whenever any person, firm, corporation, municipal corporation, or
local authorities responsible for the erection and maintenance, or either, of signs at any railroad crossing or point of
danger upon any state highway fails, neglects, or refuses to
erect and maintain, or either, the sign or signs as required by
law at highway-railroad grade crossings, the utilities and
transportation commission shall upon complaint of the
department or upon complaint of any party interested, or
upon its own motion, enter upon a hearing in the manner provided by law for hearings with respect to railroad-highway
grade crossings and make and enforce proper orders for the
erection or maintenance of the signs, or both. [1984 c 7 §
193; 1961 c 13 § 47.36.070. Prior: 1937 c 53 § 54; RRS §
6400-54.]
47.36.070
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.080 Signs at railroad crossings. Wherever it is
considered necessary or convenient the department may erect
approach and warning signs upon the approach of any state
highway to a highway-railroad grade crossing situated at a
sufficient distance therefrom to make the warning effective.
The department may further provide such additional or other
highway-railroad grade crossing markings as may be considered to serve the interests of highway safety. [1984 c 7 § 194;
1961 c 13 § 47.36.080. Prior: 1937 c 53 § 57; RRS § 640057.]
47.36.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.090 Cooperation with United States on road
markers. Standard federal road markers shall be placed on
state highways in the manner requested by the department of
transportation of the United States. The department of transportation of the state of Washington is authorized and
empowered to cooperate with the several states and with the
federal government in promoting, formulating, and adopting
a standard and uniform system of numbering or designating
state highways of an interstate character and in promoting,
formulating, and adopting uniform and standard specifications for the manufacture, display, erection, and location of
road markers and signs, for the information, direction, and
control of persons traveling upon public highways. [1984 c 7
§ 195; 1961 c 13 § 47.36.090. Prior: 1937 c 53 § 55; RRS §
6400-55; prior: 1925 c 24 § 1; RRS § 6303-1.]
47.36.090
[Title 47 RCW—page 129]
47.36.095
Title 47 RCW: Public Highways and Transportation
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.095 Highway designation system—Signs. The
department is hereby authorized to establish a continuing system for the designating of state highways and branches or
portions thereof, heretofore established by the legislature of
the state of Washington, to give designations to such state
highways and branches, or portions thereof, in accord with
that system, and to install signs in accord therewith on such
state highways and branches, or portions thereof. The system
may be changed from time to time and shall be extended to
new state highways and branches, or portions thereof, as they
are hereafter established by the legislature. [1984 c 7 § 196;
1967 ex.s. c 145 § 43; 1963 c 24 § 1.]
47.36.095
Severability—1984 c 7: See note following RCW 47.01.141.
Classification of highways: RCW 47.04.020.
47.36.097 Highway designation system—Filing. Designations or redesignations assigned under the system by the
department pursuant to RCW 47.36.095 as each is made,
shall be filed with the secretary of state and with the auditor
of each county. Thereafter such highways shall be so designated for all purposes. [1984 c 7 § 197; 1967 ex.s. c 145 §
46.]
47.36.097
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.100 Directional, caution, and stop signs. Directional signs showing distance and direction to points of
importance may be placed at all crossings and intersections
of primary and secondary state highways. The department
may place such directional signs as it deems necessary upon
any city streets designated by it as forming a part of the route
of any primary or secondary state highway through any
incorporated city or town. Caution and warning signs or signals shall be placed wherever practicable on all primary and
secondary state highways in a manner provided by law. Stop
signs shall be placed, erected, and maintained by the department as follows: Upon all county roads at the point of intersection with any arterial primary or secondary state highway;
upon all primary and secondary state highways at the point of
intersection with any county road that has been designated by
the department as an arterial having preference over the traffic on the state highway; and upon at least one state highway
at the intersection of two state highways. [1984 c 7 § 198;
1967 ex.s. c 145 § 38; 1961 c 13 § 47.36.100. Prior: 1947 c
206 § 1; 1937 c 53 § 56; Rem. Supp. 1947 § 6400-56.]
47.36.100
highway in a careful manner and at a reasonable rate of speed
not to exceed twenty miles per hour. It is unlawful to fail to
comply with the directions of any such stop sign. When the
findings of a traffic engineering study show that the condition
of an intersection is such that vehicles may safely enter the
major artery without stopping, the department or local
authorities in their respective jurisdictions shall install and
maintain a "Yield" sign. [1984 c 7 § 199; 1963 ex.s. c 3 § 49;
1961 c 13 § 47.36.110. Prior: 1955 c 146 § 6; 1937 c 53 § 59;
RRS § 6400-59.]
Severability—1984 c 7: See note following RCW 47.01.141.
Arterial highways designated—Stopping on entering: RCW 46.61.195.
47.36.120 City limit signs. The department shall erect
wherever it deems necessary upon state highways at or near
their point of entrance into cities and towns, signs of the standard design designating the city or town limits of the cities or
towns. [1984 c 7 § 200; 1961 c 13 § 47.36.120. Prior: 1937
c 53 § 58; RRS § 6400-58.]
47.36.120
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.130 Meddling with signs prohibited. No person
shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic
control signal, traffic device or railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part
thereof. [1961 c 13 § 47.36.130. Prior: 1937 c 53 § 53; RRS
§ 6400-53.]
47.36.130
Defacing, injuring, or destroying signs: RCW 46.61.080.
Imitation of signs: RCW 46.61.075.
Structures concealing signs prohibited: RCW 46.61.075.
Unlawful erection of traffic devices: RCW 46.61.075.
47.36.141 Bus shelters—Advertising. (1) Local transit
authority bus shelters within the right-of-way of the state
highway system may display and maintain commercial
advertisements subject to applicable federal regulations, if
any. Pursuant to RCW 47.12.120, the department may lease
state right-of-way air space to local transit authorities for this
purpose, unless there are significant safety concerns regarding the placement of certain advertisements.
(2) Advertisements posted on a local transit authority’s
bus shelter may not exceed twenty-four square feet on each
side of the panel. Panels may not be placed on the roof of the
shelter or on the forward side of the shelter facing oncoming
traffic. [2003 c 198 § 1.]
47.36.141
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.180 Forbidden devices—Penalty. (1) It is
unlawful to erect or maintain at or near a city street, county
road, or state highway any structure, sign, or device:
(a) Visible from a city street, county road, or state highway and simulating any directional, warning, or danger sign
or light likely to be mistaken for such a sign or bearing any
such words as "danger," "stop," "slow," "turn," or similar
words, figures, or directions likely to be construed as giving
warning to traffic;
(b) Visible from a city street, county road, or state highway and displaying any red, green, blue, or yellow light or
intermittent or blinking light or rotating light identical or similar in size, shape, and color to that used on any emergency
47.36.180
47.36.110 Stop signs, "Yield" signs—Duties of persons using highway. In order to provide safety at intersections on the state highway system, the department may
require persons traveling upon any portion of such highway
to stop before entering the intersection. For this purpose there
may be erected a standard stop sign as prescribed in the state
department of transportation’s "Manual on Uniform Traffic
Control Devices for Streets and Highways." All persons traveling upon the highway shall come to a complete stop at such
a sign, and the appearance of any sign so located is sufficient
warning to a person that he is required to stop. A person stopping at such a sign shall proceed through that portion of the
47.36.110
[Title 47 RCW—page 130]
(2008 Ed.)
Traffic Control Devices
vehicle or road equipment or any light otherwise likely to be
mistaken for a warning, danger, directional, or traffic control
signal or sign;
(c) Visible from a city street, county road, or state highway and displaying any lights tending to blind persons operating vehicles upon the highway, city street, or county road,
or any glaring light, or any light likely to be mistaken for a
vehicle upon the highway or otherwise to be so mistaken as to
constitute a danger; or
(d) Visible from a city street, county road, or state highway and flooding or intending to flood or directed across the
roadway of the highway with a directed beam or diffused
light, whether or not the flood light is shielded against directing its flood beam toward approaching traffic on the highway, city street, or county road.
(2) Any structure or device erected or maintained contrary to the provisions of this section is a public nuisance, and
the department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town shall
notify the owner thereof that it constitutes a public nuisance
and must be removed, and if the owner fails to do so, the
department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town may
abate the nuisance.
(3) If the owner fails to remove any structure or device
within fifteen days after being notified to remove the structure or device as provided in this section, he or she is guilty of
a misdemeanor. [2003 c 53 § 257; 1984 c 7 § 201; 1961 c 13
§ 47.36.180. Prior: 1957 c 204 § 1; 1937 c 53 § 62; RRS §
6400-62.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.200 Signs or flagmen at thoroughfare work
sites—Penalty. (1) When construction, repair, or maintenance work is conducted on or adjacent to a public highway,
county road, street, bridge, or other thoroughfare commonly
traveled and when the work interferes with the normal and
established mode of travel on the highway, county road,
street, bridge, or thoroughfare, the location shall be properly
posted by prominently displayed signs or flagmen or both.
Signs used for posting in such an area shall be consistent with
the provisions found in the state of Washington "Manual on
Uniform Traffic Control Devices for Streets and Highways"
obtainable from the department of transportation.
(2) If the construction, repair, or maintenance work
includes or uses grooved pavement, abrupt lane edges, steel
plates, or gravel or earth surfaces, the construction, repair, or
maintenance zone must be posted with signs stating the condition, as required by current law, and in addition, must warn
motorcyclists of the potential hazard only if the hazard or
condition exists on a paved public highway, county road,
street, bridge, or other thoroughfare commonly traveled. For
the purposes of this subsection, the department shall adopt by
rule a uniform sign or signs for this purpose, including at least
the following language, "MOTORCYCLES USE
EXTREME CAUTION."
(3) Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply
with this section.
47.36.200
(2008 Ed.)
47.36.250
(4) Each driver of a motor vehicle used in connection
with such construction, repair, or maintenance work shall
obey traffic signs posted for, and flaggers stationed at such
location in the same manner and under the same restrictions
as is required for the driver of any other vehicle.
(5) A violation of or a failure to comply with this section
is a misdemeanor. Each day upon which there is a violation,
or there is a failure to comply, constitutes a separate violation. [2006 c 331 § 1. Prior: 2003 c 355 § 1; 2003 c 53 §
258; 1984 c 7 § 202; 1961 c 13 § 47.36.200; prior: 1957 c 95
§ 1.]
Effective date—2003 c 355: "This act takes effect January 1, 2004."
[2003 c 355 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.250 Dangerous road conditions requiring special tires, chains, or traction equipment—Signs or
devices—Penalty. (1) If the department or its delegate determines at any time for any part of the public highway system
that the unsafe conditions of the roadway require particular
tires, tire chains, or traction equipment in addition to or
beyond the ordinary pneumatic rubber tires, the department
may establish the following recommendations or requirements with respect to the use of such equipment for all persons using such public highway:
(a) Traction advisory - oversize vehicles prohibited.
(b) Traction advisory - oversize vehicles prohibited.
Vehicles over 10,000 GVW - chains required.
(c) Traction advisory - oversize vehicles prohibited. All
vehicles - chains required, except all wheel drive.
(2) Any equipment that may be required by this section
shall be approved by the state patrol as authorized under
RCW 46.37.420.
(3) The department shall place and maintain signs and
other traffic control devices on the public highways that indicate the tire, tire chain, or traction equipment recommendation or requirement determined under this section. Such
signs or traffic control devices shall in no event prohibit the
use of studded tires from November 1st to April 1st, but when
the department determines that chains are required and that
no other traction equipment will suffice, the requirement is
applicable to all types of tires including studded tires. The
Washington state patrol or the department may specify different recommendations or requirements for four wheel drive
vehicles in gear.
(4) Failure to obey a requirement indicated under this
section is a traffic infraction under chapter 46.63 RCW subject to a penalty of five hundred dollars including all statutory
assessments. [2003 c 356 § 1; 2003 c 53 § 259; 1987 c 330 §
747; 1984 c 7 § 203; 1975 1st ex.s. c 255 § 1; 1969 ex.s. c 7
§ 2.]
47.36.250
Reviser’s note: This section was amended by 2003 c 53 § 259 and by
2003 c 356 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
[Title 47 RCW—page 131]
47.36.260
Title 47 RCW: Public Highways and Transportation
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions as to tire equipment, metal studs: RCW 46.37.420.
47.36.260 Signs indicating proper lane usage. The
department shall erect signs on multilane highways indicating proper lane usage. [1986 c 93 § 6.]
47.36.260
Keep right except when passing, etc: RCW 46.61.100.
47.36.270 Regional shopping center directional signs.
Regional shopping center directional signs shall be erected
and maintained on state highway right-of-way if they meet
each of the following criteria:
(1) There shall be at least five hundred thousand square
feet of retail floor space available for lease at the regional
shopping center;
(2) The regional shopping center shall contain at least
three major department stores that are owned by a national or
regional retail chain organization;
(3) The shopping center shall be located within one mile
of the roadway;
(4) The center shall generate at least nine thousand daily
one-way vehicle trips to the center;
(5) There is sufficient space available for installation of
the directional sign as specified in the Manual On Uniform
Traffic Control Devices;
(6) Supplemental follow-through directional signing is
required at key decision points to direct motorists to the shopping center if it is not clearly visible from the point of exit
from the main traveled way.
The department shall collect from the regional shopping
center a reasonable fee based upon the cost of erection and
maintenance of the directional sign. [1987 c 469 § 1.]
47.36.270
47.36.280 Pavement marking standards. The department of transportation shall, by January 1, 1992, adopt minimum pavement marking standards for the area designating
the limits of the vehicle driving lane along the right edge for
arterials that do not have curbs or sidewalks and are inside
urbanized areas. In preparing the standards, the department of
transportation shall take into consideration all types of pavement markings, including flat, raised, and recessed markings,
and their effect on pedestrians, bicycle, and motor vehicle
safety.
The standards shall provide that a jurisdiction shall conform to these requirements, at such time thereafter that it
undertakes to (1) renew or install permanent markings on the
existing or new roadway, and (2) remove existing nonconforming raised pavement markers at the time the jurisdiction
prepares to resurface the roadway, or earlier, at its option.
These standards shall be in effect, as provided in this section,
unless the legislative authority of the local governmental
body finds that special circumstances exist affecting vehicle
and pedestrian safety that warrant a variance to the standard.
For the purposes of this section, "urbanized area" means
an area designated as such by the United States bureau of
census and having a population of more than fifty thousand.
Other jurisdictions that install pavement marking material on
the right edge of the roadway shall do so in a manner not in
conflict with the minimum state standard. [1991 c 214 § 4.]
47.36.280
[Title 47 RCW—page 132]
47.36.290 State park directional signs. Directional
signs for state parks within fifteen miles of an interstate highway shall be erected and maintained on the interstate highway by the department despite the existence of additional
directional signs on primary or scenic system highways in
closer proximity to such state parks. [1985 c 376 § 7. Formerly RCW 47.42.160.]
47.36.290
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.36.300 Supplemental directional signs—Erection
by local governments. (1) The legislative authority of any
county, city, or town may erect, or permit the erection of,
supplemental directional signs directing motorists to motorist
service businesses qualified for motorist information sign
panels pursuant to RCW 47.36.310 or 47.36.320 in any location on, or adjacent to, the right-of-way of any roads or streets
within their jurisdiction.
(2) Appropriate fees may be charged to cover the cost of
issuing permits, installation, or maintenance of such signs.
(3) Supplemental signs and their locations shall comply
with all applicable provisions of this chapter, the Manual on
Uniform Traffic Control Devices, and such rules as may be
adopted by the department. [1999 c 201 § 2; 1986 c 114 § 3.
Formerly RCW 47.42.052.]
47.36.300
47.36.310 Motorist information signs—Interstate
highways—Contents, placement, fees. The department is
authorized to erect and maintain motorist information sign
panels within the right-of-way of the interstate highway system to give the traveling public specific information as to gas,
food, lodging, camping, or tourist-oriented business available
on a crossroad at or near an interchange. Motorist information sign panels shall include the words "GAS," "FOOD,"
"LODGING," "CAMPING," or "TOURIST ACTIVITIES"
and the letters "RV" next to a gas, food, lodging, camping, or
tourist activity sign if the business or destination accommodates recreational vehicles, and directional information.
Directional information may contain one or more individual
business signs maintained on the panel. The "RV" logo for
businesses or destinations that accommodate recreational
vehicles shall be placed in the lower right corner of the gas,
food, lodging, camping, or tourist activity sign and shall be in
the form of a small yellow circle with the letters "RV" in
black. In managing the number of individual business signs
to be displayed, the department must ensure the use of available space on a panel is maximized. Motorist information
sign panels are authorized within the corporate limits of cities
and towns and areas zoned for commercial or industrial uses
at locations where there is adequate distance between interchanges to ensure compliance with the Manual on Uniform
Traffic Control Devices. The erection and maintenance of
motorist information sign panels shall also conform to the
Manual on Uniform Traffic Control Devices and rules
adopted by the state department of transportation. A motorist
service or tourist-oriented business located within one mile of
an interstate highway shall not be permitted to display its
name, brand, or trademark on a motorist information sign
panel unless its owner has first entered into an agreement
with the department limiting the height of its on-premise
signs at the site of its service installation to not more than fifteen feet higher than the roof of its main building measured to
47.36.310
(2008 Ed.)
Traffic Control Devices
the bottom of the on-premise sign. The restriction for onpremise signs does not apply if the sign is not visible from the
highway. The department may, on a case-by-case basis,
waive the height restriction when an on-premise sign is visible from the rural interstate system. The department shall
charge sufficient fees for the display of individual business
signs to recover the costs of their installation and maintenance, and shall charge sufficient fees to recover costs for the
erection and maintenance of the motorist information sign
panels. [2005 c 407 § 1; 1999 c 201 § 3; 1987 c 469 § 3; 1986
c 114 § 1; 1985 c 142 § 1; 1984 c 7 § 223; 1974 ex.s. c 80 §
2. Formerly RCW 47.42.046.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.320
47.36.320 Motorist information signs, tourist-oriented directional signs—Primary and scenic roads—Contents, placement, fees. The department is authorized to erect
and maintain motorist information sign panels within the
right-of-way of noninterstate highways to give the traveling
public specific information as to gas, food, lodging, recreation, or tourist-oriented businesses accessible by way of
highways intersecting the noninterstate highway. The motorist information sign panels are permitted only at locations
within the corporate limits of cities and towns and areas
zoned for commercial or industrial uses where there is adequate distance between interchanges to ensure compliance
with the Manual on Uniform Traffic Control Devices.
Motorist information sign panels shall include the words
"GAS," "FOOD," "LODGING," "RECREATION," or
"TOURIST ACTIVITIES" and the letters "RV" next to a gas,
food, lodging, camping, or tourist activity sign if the business
or destination accommodates recreational vehicles, and
directional information. Directional information may contain
one or more individual business signs maintained on the
panel. The "RV" logo for businesses or destinations that
accommodate recreational vehicles shall be placed in the
lower right corner of the gas, food, lodging, camping, or tourist activity sign and shall be in the form of a small yellow circle with the letters "RV" in black. In managing the number
of individual business signs to be displayed, the department
must ensure the use of available space on a panel is maximized. The erection and maintenance of motorist information sign panels along noninterstate highways shall also conform to the Manual on Uniform Traffic Control Devices and
rules adopted by the state department of transportation. A
motorist service or tourist-oriented business located within
one mile of a noninterstate highway shall not be permitted to
display its name, brand, or trademark on a motorist information sign panel unless its owner has first entered into an
agreement with the department limiting the height of its onpremise signs at the site of its service installation to not more
than fifteen feet higher than the roof of its main building measured to the bottom of the on-premise sign.
The department shall adopt rules for the erection and
maintenance of tourist-oriented directional signs with the following restrictions:
(1) Where installed, they shall be placed in advance of
the "GAS," "FOOD," "LODGING," "RECREATION," or
"RV" motorist information sign panels previously described
in this section;
(2008 Ed.)
47.36.340
(2) Signs shall not be placed to direct a motorist to an
activity visible from the main traveled roadway;
(3) Premises on which the qualified tourist-oriented
business is located must be within fifteen miles of the state
highway except as provided in RCW 47.36.330(3) (b) and
(c), and necessary supplemental signing on local roads must
be provided before the installation of the signs on the state
highway.
The department shall charge sufficient fees for the display of individual business signs to recover the costs of their
installation and maintenance, and shall charge sufficient fees
to recover the costs for the erection and maintenance of the
motorist information sign panels. [2005 c 407 § 2. Prior:
1999 c 213 § 1; 1999 c 201 § 4; 1986 c 114 § 2; 1985 c 376 §
4; 1985 c 142 § 2; 1984 c 7 § 224; 1974 ex.s. c 80 § 4. Formerly RCW 47.42.047.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.330 Motorist information signs—Maximum
number and distance. (1) Not more than six business signs
may be permitted on motorist information sign panels authorized by RCW 47.36.310 and 47.36.320.
(2) The maximum distance that eligible service facilities
may be located on either side of an interchange or intersection to qualify for a business sign are as follows:
(a) On interstate highways, gas, food, or lodging activities shall be located within three miles. Camping or touristoriented activities shall be within five miles.
(b) On noninterstate highways, gas, food, lodging, recreation, or tourist-oriented activities shall be located within five
miles.
(3)(a) If no eligible services are located within the distance limits prescribed in subsection (2) of this section, the
distance limits shall be increased until an eligible service of a
type being considered is reached, up to a maximum of fifteen
miles.
(b) The department may erect and maintain signs on an
alternate route that is longer than fifteen miles if it is safer and
still provides reasonable and convenient travel to an eligible
service.
(c) The department may erect and maintain signs on a
route up to a maximum of twenty miles if it qualifies as an
eligible service and is within a distressed area as defined in
RCW 43.168.020. [2005 c 136 § 16; 1999 c 213 § 2; 1999 c
201 § 5; 1985 c 142 § 3. Formerly RCW 47.42.0475.]
47.36.330
Reviser’s note: This section was amended by 1999 c 201 § 5 and by
1999 c 213 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Savings—Effective date—2005 c 136: See notes following RCW
43.168.020.
47.36.340 Motorist information signs—Lodging. To
be eligible for placement of a business sign on a motorist
information sign panel a lodging activity shall:
(1) Be licensed or approved by the department of social
and health services or county health authority;
(2) Provide adequate sleeping and bathroom accommodations available for rental on a daily basis; and
47.36.340
[Title 47 RCW—page 133]
47.36.350
Title 47 RCW: Public Highways and Transportation
(3) Provide public telephone facilities. [1999 c 201 § 6;
1985 c 376 § 8. Formerly RCW 47.42.170.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.36.350 Motorist information signs—Installation
time. The department shall ensure that motorist information
sign panels are installed within nine months of receiving the
request for installation. [1999 c 201 § 7; 1991 c 94 § 5.]
47.36.350
47.36.360 Motorist information signs—"RV" logo.
(1) The department of transportation shall not include the
logo "RV" under RCW 47.36.310 and 47.36.320 unless a
business or destination requests an "RV" logo and the department determines that the gas, food, or lodging business or the
camping or tourist activity destination provides parking
spaces, overhang clearances, and entrances and exits
designed to accommodate recreational or other large vehicles.
(2) The department may charge a reasonable fee in
accordance with RCW 47.36.310 or 47.36.320 to defray the
costs associated with the installation and maintenance of
signs with "RV" logos.
(3) The department may adopt rules necessary to administer this section. [2005 c 407 § 3.]
47.36.360
47.36.400 Adopt-a-highway signs. The department
may install adopt-a-highway signs, with the following
restrictions:
(1) Signs shall be designed by the department and may
only include the words "adopt-a-highway litter control facility" or "adopt-a-highway litter control next XX miles" and
the name of the litter control area sponsor. The sponsor’s
name shall not be displayed more predominantly than the
remainder of the sign message. Trademarks or business logos
may be displayed;
(2) Signs may be placed along interstate, primary, and
scenic system highways;
(3) Signs may be erected at other state-owned transportation facilities in accordance with RCW 47.40.100(1);
(4) For each litter control area designated by the department, one sign may be placed visible to traffic approaching
from each direction;
(5) Signs shall be located so as not to detract from official traffic control signs installed pursuant to the manual on
uniform traffic control devices adopted by the department;
(6) Signs shall be located so as not to restrict sight distance on approaches to intersections or interchanges;
(7) The department may charge reasonable fees to defray
the cost of manufacture, installation, and maintenance of
adopt-a-highway signs. [1998 c 180 § 1; 1991 c 94 § 4.]
47.36.400
Chapter 47.38 RCW
ROADSIDE AREAS—SAFETY REST AREAS
Chapter 47.38
Sections
47.38.010
47.38.020
47.38.040
47.38.050
47.38.060
Rules governing use and control of rest areas, historic sites,
viewpoints, etc.—Penalties.
Limitations on use of rest areas.
Information centers.
Recreational vehicle sanitary disposal systems.
Dedication of memorial signs at rest areas.
[Title 47 RCW—page 134]
Acquisition of property for safety rest areas, buffers, viewpoints, historic
sites: RCW 47.12.250.
47.38.010 Rules governing use and control of rest
areas, historic sites, viewpoints, etc.—Penalties. (1) Pursuant to chapter 34.05 RCW, the department and the Washington state patrol shall jointly adopt rules governing the conduct and the safety of the traveling public relating to the use
and control of rest areas and other areas as designated in
RCW 47.12.250. Nothing herein may be construed as limiting the powers of the department as provided by law.
(2) Except as otherwise provided in this section, any person violating this section or any rule or regulation adopted
pursuant to this section is guilty of a misdemeanor.
(3)(a) Except as provided in (b) of this subsection, violation of such a rule or regulation relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 260; 1993 c
116 § 1; 1984 c 7 § 204; 1967 ex.s. c 145 § 29.]
47.38.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
Roadside areas—Safety rest areas, provisions of scenic and recreational
highway act concerning: Chapter 47.39 RCW.
47.38.020 Limitations on use of rest areas. Except
where specifically authorized by the department, it is unlawful for any person or persons to stop, stand, or park any vehicle, including but not limited to trailers, campers, and motorcycles, for more than eight hours, or for any person or persons to camp or to maintain a camp, tent, or other sleeping
accommodation or facility, in any rest area or safety rest area
within the limits of the right-of-way of interstate highways or
other state highways or in other areas of state or interstate
highways as designated in RCW 47.12.250. This section does
not apply to disabled vehicles. [1984 c 7 § 205; 1967 ex.s. c
145 § 30.]
47.38.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.38.040 Information centers. In order to provide
information in the specific interest of the traveling public, the
department may establish information centers at safety rest
areas and permit maps, informational directories, and advertising pamphlets to be made available there for the purpose of
informing the public of places of interest within the state and
providing such other information as the department deems
desirable. [1984 c 7 § 206; 1967 ex.s. c 145 § 32.]
47.38.040
Severability—1984 c 7: See note following RCW 47.01.141.
47.38.050 Recreational vehicle sanitary disposal systems. The department of transportation shall construct and
maintain recreational vehicle sanitary disposal systems in the
following safety rest areas lying along highways which are a
part of the interstate highway system:
(1) Gee Creek safety rest area, northbound and southbound on Interstate 5 in Clark county;
(2) Sea-Tac safety rest area, northbound on Interstate 5
in King county;
47.38.050
(2008 Ed.)
Scenic and Recreational Highway Act of 1967
(3) Silver Lake safety rest area, southbound on Interstate
5 in Snohomish county;
(4) Winchester Wasteway safety rest area, eastbound and
westbound on Interstate 90 in Grant county;
(5) Sprague safety rest area, eastbound on Interstate 90 in
Lincoln county;
(6) Selah Creek safety rest area, northbound and southbound on Interstate 82 in Yakima county;
(7) Indian John Hill safety rest area, eastbound and westbound on Interstate 90 in Kittitas county;
(8) Smokey Point safety rest area, northbound and southbound on Interstate 5 in Snohomish county;
(9) Schrag safety rest area, westbound on Interstate 90 in
Adams county. [1996 c 237 § 3; 1980 c 60 § 1.]
Effective date—1980 c 60: "This act shall take effect July 1, 1980."
[1980 c 60 § 4.]
47.38.060 Dedication of memorial signs at rest areas.
The department may designate interstate safety rest areas, as
appropriate, as locations for memorial signs to prisoners of
war and those missing in action. The department shall adopt
policies for the placement of memorial signs on interstate
safety rest areas and may disapprove any memorial sign that
it determines to be inappropriate or inconsistent with the policies. The policies shall include, but are not limited to, guidelines for the size and location of and inscriptions on memorial
signs. The secretary shall adopt rules for administering this
program. Nonprofit associations may have their name identified on a memorial sign if the association bears the cost of
supplying and maintaining the memorial sign. [2006 c 334 §
24; 1996 c 172 § 1.]
47.38.060
Effective date—2006 c 334: See note following RCW 47.01.051.
Chapter 47.39 RCW
SCENIC AND RECREATIONAL HIGHWAY
ACT OF 1967
Chapter 47.39
Sections
47.39.010
47.39.020
47.39.030
47.39.040
47.39.050
47.39.060
47.39.069
47.39.075
47.39.080
47.39.090
47.39.100
47.39.900
47.39.910
System created—Standards.
Designation of portions of existing highways as part of system.
Development and maintenance of system by department of
transportation and parks and recreation commission—Allocation of costs.
Planning and design standards established by department of
community, trade, and economic development.
Planning and design standards—Facilities and factors considered.
Designation of system on maps or other descriptive material.
Designation and removal criteria.
Corridor management plan.
Funding priorities—Signage.
Consultation with other agencies and parties—Identification
of tourist routes.
Removal of designation.
Short title.
Severability—1967 ex.s. c 85.
47.39.010 System created—Standards. There is
hereby created a scenic and recreational highway system.
Highways in this system shall be developed and maintained
in accordance with general standards for state highways of
comparable classification and usage.
Recognizing that the Transportation Equity Act for the
21st Century establishes a national "scenic byway" program
that could benefit state and local roadways, the Washington
47.39.010
(2008 Ed.)
47.39.020
state scenic byway designation program is revised to address
state and local transportation routes. Byways in this program
must be designated and maintained in accordance with the
criteria developed by the department under this chapter.
However, a highway so designated under RCW 47.39.069
does not become part of the scenic and recreational highway
system unless approved by the legislature. [1999 c 218 § 1;
1967 ex.s. c 85 § 1.]
Effective date—1999 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 218 § 9.]
47.39.020 Designation of portions of existing highways as part of system. The following portions of highways
are designated as part of the scenic and recreational highway
system:
(1) State route number 2, beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in an
easterly direction by way of Stevens pass to a junction with
state route number 97 in the vicinity of Peshastin; also
Beginning at the junction with state route number 17, in
the vicinity of Coulee City, thence easterly to the junction
with state route number 155;
(2) State route number 3, beginning at a junction with
state route number 101 in the vicinity of Shelton, thence
northeasterly and northerly to a junction with state route
number 104 in the vicinity of Port Gamble;
(3) State route number 4, beginning at the junction with
state route number 101, thence easterly through Cathlamet to
Coal Creek road, approximately .5 miles west of the Longview city limits;
(4) State route number 6, beginning at the junction with
state route number 101 in Raymond, thence easterly to the
junction with state route number 5, in the vicinity of Chehalis;
(5) State route number 7, beginning at the junction with
state route number 12 in Morton, thence northerly to the junction with state route number 507;
(6) State route number 8, beginning at a junction with
state route number 12 in the vicinity of Elma, thence easterly
to a junction with state route number 101 near Tumwater;
(7) State route number 9, beginning at the junction with
state route number 530 in Arlington, thence northerly to the
end of the route at the Canadian border;
(8) State route number 10, beginning at Teanaway junction, thence easterly to a junction with state route number 97
west of Ellensburg;
(9) State route number 11, beginning at the junction with
state route number 5 in the vicinity of Burlington, thence in a
northerly direction to the junction with state route number 5;
(10) State route number 12, beginning at a junction with
a county road approximately 2.8 miles west of the crossing of
the Wynoochee river which is approximately 1.2 miles west
of Montesano, thence in an easterly direction to a junction
with state route number 8 in the vicinity of Elma; also
Beginning at a junction with state route number 5, thence
easterly by way of Morton, Randle, and Packwood to the
junction with state route number 410, approximately 3.5
miles west of Naches; also
47.39.020
[Title 47 RCW—page 135]
47.39.020
Title 47 RCW: Public Highways and Transportation
Beginning at the junction with state route number 124 in
the vicinity of the Tri-Cities, thence easterly through Wallula
and Touchet to a junction with a county road approximately
2.4 miles west of a junction with state route number 129 at
Clarkston;
(11) State route number 14, beginning at the crossing of
Gibbons creek approximately 0.9 miles east of Washougal,
thence easterly along the north bank of the Columbia river to
a point in the vicinity of Plymouth;
(12) State route number 17, beginning at a junction with
state route number 395 in the vicinity of Mesa, thence northerly to the junction with state route number 97 in the vicinity
of Brewster;
(13) State route number 19, the Chimacum-Beaver Valley road, beginning at the junction with state route number
104, thence northerly to the junction with state route number
20;
(14) State route number 20, beginning at the junction
with state route number 101 to the ferry zone in Port
Townsend; also
Beginning at the Keystone ferry slip on Whidbey Island,
thence northerly and easterly to a junction with state route
number 153 southeast of Twisp; also
Beginning at the junction of state route number 97 in the
vicinity of Okanogan, thence westerly across the Okanogan
river to the junction with state route number 215; also
Beginning at a junction with state route number 97 near
Tonasket, thence easterly and southerly to a junction with
state route number 2 at Newport;
(15) State route number 25, beginning at the Spokane
river bridge, thence northerly through Cedonia, Gifford, Kettle Falls, and Northport, to the Canadian border;
(16) State route number 26, beginning at the Whitman
county boundary line, thence easterly by way of the vicinities
of La Crosse and Dusty to a junction with state route number
195 in the vicinity of Colfax;
(17) State route number 27, beginning at a junction with
state route number 195 in the vicinity of Pullman, thence
northerly by way of the vicinities of Palouse and Garfield to
a junction with state route number 271 in the vicinity of
Oakesdale; also
From a junction with state route number 271 at Oakesdale, thence northerly to the vicinity of Tekoa;
(18) State route number 31, beginning at the junction
with state route number 20 in Tiger, thence northerly to the
Canadian border;
(19) State route number 82, beginning at the junction
with state route number 395 south of the Tri-Cities area,
thence southerly to the end of the route at the Oregon border;
(20) State route number 90, beginning at the junction
with East Sunset Way in the vicinity east of Issaquah, thence
easterly to Thorp road 9.0 miles west of Ellensburg;
(21) State route number 97, beginning at the Oregon border, in a northerly direction through Toppenish and Wapato
to the junction with state route number 82 at Union Gap; also
Beginning at the junction with state route number 10, 2.5
miles north of Ellensburg, in a northerly direction to the junction with state route number 2, 4.0 miles east of Leavenworth; also
Beginning at the junction of state route number 153 in
the vicinity south of Pateros, thence northerly by way of the
[Title 47 RCW—page 136]
vicinities of Brewster, Okanogan, Omak, Riverside, Tonasket, and Oroville to the international boundary line;
(22) State route number 97 alternate, beginning at the
junction with state route number 2 in the vicinity of Monitor,
thence northerly to the junction with state route number 97,
approximately 5.0 miles north of Chelan;
(23) State route number 101, beginning at the AstoriaMegler bridge, thence north to Fowler street in Raymond;
also
Beginning at a junction with state route number 109 in
the vicinity of Queets, thence in a northerly, northeasterly,
and easterly direction by way of Forks to the junction with
state route number 5 in the vicinity of Olympia;
(24) State route number 104, beginning at a junction with
state route number 101 in the vicinity south of Discovery bay,
thence in a southeasterly direction to the Kingston ferry
crossing;
(25) State route number 105, beginning at a junction with
state route number 101 at Raymond, thence westerly and
northerly by way of Tokeland and North Cove to the shore of
Grays Harbor north of Westport; also
Beginning at a junction with state route number 105 in
the vicinity south of Westport, thence northeasterly to a junction with state route number 101 at Aberdeen;
(26) State route number 109, beginning at a junction with
state route number 101 in Hoquiam to a junction with state
route number 101 in the vicinity of Queets;
(27) State route number 112, beginning at the easterly
boundary of the Makah Indian reservation, thence in an easterly direction to the vicinity of Laird’s corner on state route
number 101;
(28) State route number 116, beginning at the junction
with the Chimacum-Beaver Valley road, thence in an easterly
direction to Fort Flagler State Park;
(29) State route number 119, beginning at the junction
with state route number 101 at Hoodsport, thence northwesterly to the Mount Rose development intersection;
(30) State route number 122, Harmony road, between the
junction with state route number 12 near Mayfield dam and
the junction with state route number 12 in Mossyrock;
(31) State route number 123, beginning at the junction
with state route number 12 in the vicinity of Morton, thence
northerly to the junction with state route number 410;
(32) State route number 129, beginning at the Oregon
border, thence northerly to the junction with state route number 12 in Clarkston;
(33) State route number 141, beginning at the junction
with state route number 14 in Bingen, thence northerly to the
end of the route at the Skamania county line;
(34) State route number 142, beginning at the junction
with state route number 14 in Lyle, thence northeasterly to
the junction with state route number 97, .5 miles from Goldendale;
(35) State route number 153, beginning at a junction with
state route number 97 in the vicinity of Pateros, thence in a
northerly direction to a junction with state route number 20 in
the vicinity south of Twisp;
(36) State route number 155, beginning at a junction with
state route number 2 in the vicinity north of Coulee City,
thence northerly and westerly to the junction with state route
number 215;
(2008 Ed.)
Scenic and Recreational Highway Act of 1967
(37) State route number 194, beginning at the Port of
Almota to the junction with state route number 195 in the
vicinity of Pullman;
(38) State route number 195, beginning at the Washington-Idaho boundary line southeast of Uniontown, thence
northwesterly and northerly by way of the vicinity of Colton,
Pullman, Colfax, Steptoe, and Rosalia to the Whitman county
boundary line;
(39) State route number 202, beginning at the junction
with state route number 522, thence in an easterly direction to
the junction with state route number 90 in the vicinity of
North Bend;
(40) State route number 211, beginning at the junction
with state route number 2, thence northerly to the junction
with state route number 20 in the vicinity of Usk;
(41) State route number 215, beginning at the junction of
state route number 20 in the vicinity of Okanogan, thence
northeasterly on the west side of the Okanogan river to a
junction with state route number 97 north of Omak;
(42) State route number 231, beginning at the junction
with state route number 23, in the vicinity of Sprague, thence
in a northerly direction to the junction with state route number 2, approximately 2.5 miles west of Reardan;
(43) State route number 261, beginning at the junction
with state route number 12 in the vicinity of Delaney, thence
northwesterly to the junction with state route number 260;
(44) State route number 262, beginning at the junction
with state route number 26, thence northeasterly to the junction with state route number 17 between Moses Lake and
Othello;
(45) State route number 271, beginning at a junction with
state route number 27 in the vicinity of Oakesdale, thence
northwesterly to a junction with state route number 195 in the
vicinity south of Rosalia;
(46) State route number 272, beginning at the junction
with state route number 195 in Colfax, thence easterly to the
Idaho state line, approximately 1.5 miles east of Palouse;
(47) State route number 305, beginning at the Winslow
ferry dock to the junction with state route number 3 approximately 1.0 mile north of Poulsbo;
(48) State route number 395, beginning at the north end
of the crossing of Mill creek in the vicinity of Colville, thence
in a northwesterly direction to a junction with state route
number 20 at the west end of the crossing over the Columbia
river at Kettle Falls;
(49) State route number 401, beginning at a junction with
state route number 101 at Point Ellice, thence easterly and
northerly to a junction with state route number 4 in the vicinity north of Naselle;
(50) State route number 410, beginning 4.0 miles east of
Enumclaw, thence in an easterly direction to the junction
with state route number 12, approximately 3.5 miles west of
Naches;
(51) State route number 501, beginning at the junction
with state route number 5 in the vicinity of Vancouver,
thence northwesterly on the New Lower River road around
Vancouver Lake;
(52) State route number 503, beginning at the junction
with state route number 500, thence northerly by way of Battle Ground and Yale to the junction with state route number 5
in the vicinity of Woodland;
(2008 Ed.)
47.39.030
(53) State route number 504, beginning at a junction with
state route number 5 at Castle Rock, to the end of the route on
Johnston Ridge, approximately milepost 52;
(54) State route number 505, beginning at the junction
with state route number 504, thence northwesterly by way of
Toledo to the junction with state route number 5;
(55) State route number 508, beginning at the junction
with state route number 5, thence in an easterly direction to
the junction with state route number 7 in Morton;
(56) State route number 525, beginning at the ferry toll
booth on Whidbey Island to a junction with state route number 20 east of the Keystone ferry slip;
(57) State route number 542, beginning at the junction
with state route number 5, thence easterly to the vicinity of
Austin pass in Whatcom county;
(58) State route number 547, beginning at the junction
with state route number 542 in Kendall, thence northwesterly
to the junction with state route number 9 in the vicinity of the
Canadian border;
(59) State route number 706, beginning at the junction
with state route number 7 in Elbe, in an easterly direction to
the end of the route at Mt. Rainier National Park;
(60) State route number 821, beginning at a junction with
state route number 82 at the Yakima firing center interchange, thence in a northerly direction to a junction with state
route number 82 at the Thrall road interchange;
(61) State route number 971, Navarre Coulee road,
between the junction with state route number 97 and the junction with South Lakeshore road. [2003 c 55 § 1; 1993 c 430
§ 7; 1992 c 26 § 2; 1991 c 342 § 54; 1990 c 240 § 3; 1975 c
63 § 8; 1973 1st ex.s. c 151 § 10; 1971 ex.s. c 73 § 29; 1970
ex.s. c 51 § 177; 1969 ex.s. c 281 § 6; 1967 ex.s. c 85 § 2.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Legislative finding—1990 c 240: "The legislature finds that scenic and
recreational highways are designated because of a need to develop management plans that will protect and preserve the scenic and recreational
resources from loss through inappropriate development. Protection of scenic
and recreational resources includes managing land use outside normal highway rights-of-way. The legislature recognizes that scenic and recreational
highways are typically located in areas that are natural in character, along
watercourses or through mountainous areas, or in areas with a view of such
scenery." [1990 c 240 § 1.]
47.39.030 Development and maintenance of system
by department of transportation and parks and recreation commission—Allocation of costs. (1) The department
shall pay from motor vehicle funds appropriated for construction of state highways, the following costs of developing and
constructing scenic and recreational highways: (a) Acquisition of the right-of-way necessary for state highway purposes; (b) construction of the portion of the highway
designed primarily for motor vehicle travel; (c) exit and
entrance roadways providing access to scenic observation
points; (d) safety rest areas; (e) roadside landscaping within
the portion of the highway right-of-way acquired by the
department for state highway purposes; (f) the uniform signs
and markers designating the various features and facilities of
the scenic and recreational highways; and (g) any additional
costs of constructing and developing the scenic and recreational highways, including property acquisition adjacent to
highways as authorized by RCW 47.12.250, for which the
47.39.030
[Title 47 RCW—page 137]
47.39.040
Title 47 RCW: Public Highways and Transportation
department shall receive reimbursement from the federal
government or any other source.
(2) The parks and recreation commission shall pay the
costs of developing and constructing the scenic and recreational highways not provided for in subsection (1) of this
section from any funds appropriated for such purposes.
(3) The costs of maintaining the scenic and recreational
highway system shall be allocated between the department
and the parks and recreation commission in the same manner
that costs of developing and constructing such highways are
allocated in subsections (1) and (2) of this section.
(4) The city, town, county, regional transportation planning organization, federal agency, federally recognized tribe,
or any other such party that nominates a roadway not located
on a state-owned right-of-way for designation as a scenic
byway shall bear all costs relating to the nomination and designation of the byway, such as costs for developing, maintaining, planning, designing, and constructing the scenic
byway. [1999 c 218 § 2; 1984 c 7 § 207; 1967 ex.s. c 85 § 3.]
Effective date—1999 c 218: See note following RCW 47.39.010.
established for highways falling within the scenic and recreational highways system may include, but shall not be limited
to, provision for the following:
(1) Hiking, bicycle, and bridle trails, including regulations for their use;
(2) Campsites and shelters;
(3) Boat launching sites;
(4) Access trails to lakes, rivers and streams, and easements along their shores;
(5) Safety rest areas;
(6) Historic and geologic interpretative facilities;
(7) Scenic observation facilities;
(8) Roadside landscaping, restoration and aesthetic
enhancement;
(9) Specifically delineated highway corridors and means
for the preservation of natural beauty, historic sites, or viewpoints;
(10) A uniform system of signs and markers designating
the various features and facilities of the scenic and recreational highway systems. [1967 ex.s. c 85 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Safety rest areas: Chapter 47.38 RCW.
47.39.040 Planning and design standards established
by department of community, trade, and economic development. The establishment of planning and design standards
for items provided for in RCW 47.39.050 shall be coordinated by the department of community, trade, and economic
development. The department of transportation, parks and
recreation commission, and any other departments or commissions whose interests are affected shall prepare, submit,
and file with the department of community, trade, and economic development standards relating to the scenic and recreational highway system. If varying planning and design
standards are filed, the department of community, trade, and
economic development shall consult with the submitting
agencies on the merits of the several proposals and, based
upon such consultation, establish a set of standards. Pursuant
to the planning and design standards so established, the
department of transportation and the parks and recreation
commission shall develop the highways and areas adjacent
thereto to accomplish the purposes of this chapter, but the
department shall retain exclusive authority over the highway
right-of-way.
Responsibility for construction and maintenance is
hereby established between the department and the parks and
recreation commission with the department responsible for
activities financed with funds provided for under RCW
47.39.030(1) and the parks and recreation commission
responsible for activities financed from other sources of
funds. By mutual consent, responsibility for development
and/ or maintenance may be transferred between the two
agencies. [1995 c 399 § 122; 1985 c 6 § 16; 1984 c 7 § 208;
1967 ex.s. c 85 § 4.]
47.39.040
Severability—1984 c 7: See note following RCW 47.01.141.
Department of community, trade, and economic development: Chapter
43.330 RCW.
47.39.050 Planning and design standards—Facilities
and factors considered. Planning and design standards
47.39.050
[Title 47 RCW—page 138]
47.39.060 Designation of system on maps or other
descriptive material. The department and the parks and recreation commission may include, where appropriate, on any
maps, or in any relevant descriptive material they may prepare at state expense, references to those portions of highways designated in RCW 47.39.020, and may include those
designated byways by appropriate color or code designation.
[1999 c 218 § 3; 1984 c 7 § 209; 1967 ex.s. c 85 § 6.]
47.39.060
Effective date—1999 c 218: See note following RCW 47.39.010.
Severability—1984 c 7: See note following RCW 47.01.141.
47.39.069 Designation and removal criteria. (1) The
department, in consultation with the department of community, trade, and economic development, the department of
natural resources, the parks and recreation commission,
affected cities, towns, and counties, federally recognized
tribes, regional transportation planning organizations, Washington-based automobile clubs, statewide bicycling organizations, and other interested parties, shall develop by December
31, 1999, criteria for assessing scenic byways and heritage
tour routes and an appropriate method of nomination and
application for the designation and removal of the designation of the byways. Factors the department may take into consideration, but is not limited by, are: (a) Scenic quality of the
byway; (b) natural aspects, such as geological formations,
water bodies, vegetation, and wildlife; (c) historic elements;
(d) cultural features such as the arts, crafts, music, customs,
or traditions of a distinct group of people; (e) archaeological
features; (f) recreational activities; (g) roadway safety including accommodations for bicycle and pedestrian travel, tour
buses, and automobiles; (h) scenic byway and local and
regional byway management plans; and (i) local public
involvement and support for the byway.
(2) The criteria developed in subsection (1) of this section must not impose nor require regulation of privately
owned lands or property rights.
(3) Any person may nominate a roadway, path, or trail
for inclusion in the scenic byway program. The department
shall assess nominations in accordance with the criteria
47.39.069
(2008 Ed.)
Roadside Improvement and Beautification
developed under subsection (1) of this section. The department shall submit its recommendations for scenic byway and
heritage tour route designations to the commission for its
approval and official designation of the roadway, path, or
trail as a scenic byway or a heritage tour route. All decisions
made by the commission relating to scenic byway and heritage tour route designations are final.
(4) The department shall apply the criteria in subsection
(1) of this section to state highways that are currently not a
part of the designated scenic and recreational highway system. The department shall respond to local requests for route
evaluation as defined in subsection (3) of this section.
(5) Once the commission has designated a roadway as a
scenic byway, the department may submit an individual nomination to the Federal Highway Administration for its consideration of whether the roadway qualifies to be designated as
a national scenic byway or an All-American Roadway. [1999
c 218 § 4.]
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.075 Corridor management plan. The department shall participate with local communities to develop a
corridor management plan for a state highway nominated to
be part of the scenic byway program. Local, regional, or other
governmental bodies shall develop a corridor management
plan for nominated routes that are under their jurisdiction.
[1999 c 218 § 5.]
47.39.075
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.080 Funding priorities—Signage. Recognizing
that the Transportation Equity Act for the 21st Century establishes a national "Scenic Byways" grant program and a new
apportionment program called "Transportation Enhancement
Activities," the department of transportation shall place high
priority on obtaining funds from those sources for further
development of a scenic and recreational highways program,
including enhancement projects on the designated scenic and
recreational highway system. The department shall consider
the use of the designated system by bicyclists and pedestrians
in connection with nonmotorized routes in the state trail plan,
and the state bicycle plan which are also eligible for TEA-21
funding. Appropriate signage may be used at intersections of
nonmotorized and motorized systems to demonstrate the
access, location, and the interconnectivity of various modes
of travel for transportation and recreation. For the purposes of
leveraging national scenic byway planning grant funds, the
commission may designate eligible state highways as scenic
byways on an interim basis. [1999 c 218 § 6; 1993 c 430 § 8.]
47.39.080
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.090 Consultation with other agencies and parties—Identification of tourist routes. In developing the
scenic and recreational highways program, the department
shall consult with the department of community, trade, and
economic development, the department of natural resources,
the parks and recreation commission, affected cities, towns,
and counties, regional transportation planning organizations,
statewide bicycling organizations, and other interested parties. The scenic and recreational highways program may
identify entire highway loops or similar tourist routes that
could be developed to promote tourist activity and provide
concurrent economic growth while protecting the scenic and
recreational quality surrounding state highways. [1995 c 399
§ 123; 1993 c 430 § 9.]
47.39.100 Removal of designation. (1) The commission may remove the designation of a route if it no longer
possesses the intrinsic qualities or fails to meet the criteria
that supported its designation.
(2) The department shall determine whether a roadway
designated as a national scenic byway or an All-American
Roadway is being properly maintained in accordance with
the roadway’s byway management plan, including preserving
the intrinsic qualities that originally supported the designation. When the department determines that the intrinsic qualities of a national scenic byway or All-American Roadway
have not been maintained sufficiently to retain its designation, the department shall notify the party responsible for
maintaining the designation of the finding and allow the party
an opportunity, under federal regulations, for corrective
action before formal removal of the designation of the roadway.
(3) Local, regional, or other governmental bodies may
notify the commission of the removal of a designated route if
they determine it no longer meets the designation criteria, or
community support for the designation no longer exists, or it
no longer possesses the intrinsic qualities that supported its
original designation.
(4) State or local removal of a designated route will
result in discontinued state support of the designated route
and can include, but is not limited to, state matching assistance for grant applications, the removal of signs directly
related to the byway, free promotional information in the
state-owned safety rest areas, and inclusion in maps, brochures, and electronic media. [1999 c 218 § 7.]
47.39.100
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.900 Short title. RCW 47.39.010 through
47.39.910 shall constitute a new chapter in Title 47 RCW and
shall be known and may be cited as the "Scenic and Recreational Highway Act of 1967." [1967 ex.s. c 85 § 7.]
47.39.900
47.39.910 Severability—1967 ex.s. c 85. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1967 ex.s. c 85 § 8.]
47.39.910
Chapter 47.40
47.39.090
(2008 Ed.)
Chapter 47.40
Chapter 47.40 RCW
ROADSIDE IMPROVEMENT
AND BEAUTIFICATION
Sections
47.40.010
47.40.020
47.40.030
47.40.040
47.40.050
47.40.060
47.40.070
47.40.080
47.40.090
Improvement and beautification a highway purpose.
Use of funds authorized.
Permit to private persons.
Application for permit, contents.
Survey—Report—Permit.
Agreement to maintain project.
Damaging project unlawful.
Penalty for destroying native flora on state lands, highways,
parks.
Glass bottles along highways—Collection and removal.
[Title 47 RCW—page 139]
47.40.010
47.40.100
47.40.105
Title 47 RCW: Public Highways and Transportation
State adopt-a-highway program.
Local adopt-a-highway programs.
City streets, parkways, boulevards, etc.: Title 35 RCW.
State parks and recreation commission may plant trees along highway:
RCW 79A.05.030.
Withdrawal of public lands abutting highway: RCW 79A.05.105.
47.40.010 Improvement and beautification a highway purpose. The planting and cultivating of any shrubs,
trees, hedges or other domestic or native ornamental growth,
the improvement of roadside facilities and view points, and
the correction of unsightly conditions, upon the right-of-way
of any state highway is hereby declared to be a proper state
highway purpose. [1961 c 13 § 47.40.010. Prior: 1937 c 53
§ 88; RRS § 6400-88.]
47.40.010
47.40.020 Use of funds authorized. Whenever funds
are available for the planting or cultivation of any shrubs,
trees, hedges, or other domestic or native ornamental growth,
the improvement of roadside facilities and view points, the
correction of unsightly conditions upon the right-of-way of
any state highway, and for roadside development and beautification, the department is empowered to expend such funds,
either independently or in conjunction with the funds of any
county, political subdivision, or any person, firm, corporation, association, or organization. [1984 c 7 § 210; 1961 c 13
§ 47.40.020. Prior: 1937 c 53 § 89; RRS § 6400-89.]
47.40.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.030 Permit to private persons. Any person,
firm, corporation, association, or organization owning lands
abutting upon any state highway and desiring to plant, cultivate, and grow any hedge, shade trees, or ornamental trees or
shrubs along the right-of-way thereof, or to clear and cultivate a portion of the state highway right-of-way for the purpose of growing crops and destroying noxious weeds, or any
person, firm, corporation, association, or organization interested in public improvement and desiring to improve and
beautify any state highway right-of-way or any portion
thereof by planting, cultivating, or growing any hedge or
shade or ornamental trees or cultivate along or upon the rightof-way thereof, may upon application to the department, be
granted a permit therefor as provided by law. [1984 c 7 §
211; 1961 c 13 § 47.40.030. Prior: 1937 c 53 § 90; RRS §
6400-90; prior: 1927 c 242 § 1; RRS § 6437-1.]
47.40.030
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.040 Application for permit, contents. Each
application for a permit to plant, cultivate and grow any
hedge, shade or ornamental trees or shrubbery along or upon
the right-of-way of any state highway or improve such rightof-way shall be in writing, signed by the applicant, and shall
describe the state highway or portion thereof along or upon
the right-of-way of which permit to plant, cultivate, grow or
improve is sought, by name, number, or other reasonable
description, and the lands bordering thereon by governmental
subdivisions, and shall state the names, places or residence
and post office addresses of the applicant or applicants owning the land abutting upon such state highway or the name of
the person, firm, corporation, association or organization
applying for the permit and the names of its officers and their
47.40.040
[Title 47 RCW—page 140]
places of residence and their post office addresses, and shall
state definitely the purpose for which the permit is sought,
giving a description of the kind of hedge, or variety of shrubbery or trees desired to be planted or the kinds of crops to be
grown, or improvement to be made, with a diagram illustrating the location and number of hedges, trees or shrubs or the
area of cultivation desired or plans of the improvement proposed to be made. [1961 c 13 § 47.40.040. Prior: 1937 c 53
§ 91; RRS § 6400-91; prior: 1927 c 242 § 2; RRS § 6437-2.]
47.40.050
47.40.050 Survey—Report—Permit. Upon the filing
of such application, the department shall cause a survey of
the state highway to be made with reference to the application
and a report of the findings and recommendations as to the
granting of the permit, and if it appears to the satisfaction of
the department that the use of a portion of the state highway
for the purpose set out in the application will not interfere
with the use of the state highway for public travel and will
beautify and improve the state highway, a permit may be
granted and issued to the applicant to plant, cultivate, and
grow any hedge, shade or ornamental trees, shrubbery, or
crops, or make such improvement along or upon the right-ofway of such portion of the state highway as is definitely
described in the permit, and to construct and maintain such
temporary and substantial fence on and along the portion of
the right-of-way of the state highway described in the permit
as is specified in the permit. The permit shall specify the
exact location of all hedges, shade or ornamental trees, or
shrubbery to be planted and grown, or the area to be cultivated under the permit, or the area to be improved to which
specified location the person, firm, corporation, association,
or organization receiving the permit shall specifically conform. The department may in its discretion refuse to issue the
permit, and any such permit that is granted is revocable at the
will of the department and nothing in this title may be construed as in anywise affecting the title of the state to the lands
included in the state highway, or the right to use the lands for
state highway purposes, or to remove or destroy any of such
hedges, trees, shrubbery, or crops for the purpose of construction, alteration, repair, improvement, or maintenance of the
state highway, or for any other purpose and at any time.
[1984 c 7 § 212; 1961 c 13 § 47.40.050. Prior: 1937 c 53 §
92; RRS § 6400-92; prior: 1927 c 242 § 3, part; RRS § 6437,
part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.060
47.40.060 Agreement to maintain project. If any such
permit is granted, the department shall enter into an agreement with the person, firm, corporation, association, or organization agreeing that such roadside development or beautification shall be maintained and kept up by the state through
the department or by the person, firm, corporation, association, or organization. If any such person, firm, corporation,
association, or organization so agreeing fails or neglects to
maintain the roadside development or beautification, the
department is empowered to do so, and the expense thereof
shall be a charge against the person, firm, corporation, association, or organization. [1984 c 7 § 213; 1961 c 13 §
47.40.060. Prior: 1937 c 53 § 93; RRS § 6400-93; prior:
1927 c 242 § 3, part; RRS § 6437-3, part.]
(2008 Ed.)
Roadside Improvement and Beautification
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.070 Damaging project unlawful. It is unlawful
for any person to injure, destroy, or remove any hedge, shade
or ornamental trees, shrubbery, or crops, planted, cultivated,
and grown or improvement made upon or along any portion
of any state highway under permit from the department or
otherwise, or to injure, destroy, or remove any fence erected
under any such permit or otherwise. However, nothing in this
section may be construed to prevent any person with the
department to do so or the officers of the state charged with
the duty of constructing and maintaining any such state highway, from removing any hedges, trees, shrubbery, or crops
planted or improvements or fences built under permit, where
in their judgment they interfere with or are detrimental to, the
use of the state highway for public travel, or such removal is
necessary for the construction, alteration, repair, improvement, or maintenance of the state highway. [1984 c 7 § 214;
1961 c 13 § 47.40.070. Prior: 1937 c 53 § 94; RRS § 640094; prior: 1927 c 242 § 4; RRS § 6437-4.]
47.40.070
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.080 Penalty for destroying native flora on state
lands, highways, parks. Any person who shall break or cut
from any lands owned by the state of Washington or shall cut
down, remove, destroy or uproot any rhododendron, evergreen, huckleberry, native dogwood or any other native tree,
shrub, fern, herb, bulb or wild plants, or any part thereof,
within three hundred feet of the center line of any state or
county road, or who shall cut down, remove or destroy any
flowering or ornamental tree or shrub, or any native flowering plant, fern, herb or bulb, either perennial or annual, situate, growing or being on any public street or highway, state or
city park, in the state of Washington, unless such person be
engaged in the work of constructing or repairing such highway or street under authority and direction of the legally constituted public officials being charged by law with the duty of
constructing or repairing such highways or streets, state or
city parks, shall be guilty of a misdemeanor. [1961 c 13 §
47.40.080. Prior: 1933 c 133 § 1; 1925 ex.s. c 59 § 1; RRS §
2787-1.]
47.40.080
47.40.090 Glass bottles along highways—Collection
and removal. The department and any other governmental
subdivision shall, with the staff, equipment, and material
under their control, or by contract with others, take all necessary actions to collect and remove any or all glass bottles or
glass containers along the right-of-way of any public road or
public highway. [1984 c 7 § 215; 1969 ex.s. c 281 § 48.]
47.40.090
Severability—1984 c 7: See note following RCW 47.01.141.
Deposit of unwholesome substance: RCW 9.66.050.
Removal of glass after accident: RCW 46.61.645.
Throwing glass on highway: RCW 46.61.645, 70.93.060.
47.40.100 State adopt-a-highway program. (1) The
department of transportation shall establish a statewide
adopt-a-highway program. The purpose of the program is to
provide volunteers and businesses an opportunity to contribute to a cleaner environment, enhanced roadsides, and protection of wildlife habitats. Participating volunteers and busi47.40.100
(2008 Ed.)
47.40.100
nesses shall adopt department-designated sections of state
highways, rest areas, park and ride lots, intermodal facilities,
and any other facilities the department deems appropriate, in
accordance with rules adopted by the department. The department may elect to coordinate a consortium of participants for
adopt-a-highway projects.
The adopt-a-highway program shall include, at a minimum, litter control for the adopted section, and may include
additional responsibilities such as planting and maintaining
vegetation, controlling weeds, graffiti removal, and any other
roadside improvement or clean-up activities the department
deems appropriate. The department shall not accept adopt-ahighway proposals that would have the effect of terminating
classified employees or classified employee positions.
(2) A volunteer group or business choosing to participate
in the adopt-a-highway program must submit a proposal to
the department. The department shall review the proposal for
consistency with departmental policy and rules. The department may accept, reject, or modify an applicant’s proposal.
(3) The department shall seek partnerships with volunteer groups and businesses to facilitate the goals of this section. The department may solicit funding for the adopt-ahighway program that allows private entities to undertake all
or a portion of financing for the initiatives. The department
shall develop guidelines regarding the cash, labor, and inkind contributions to be performed by the participants.
(4) An organization whose name: (a) Endorses or
opposes a particular candidate for public office, (b) advocates
a position on a specific political issue, initiative, referendum,
or piece of legislation, or (c) includes a reference to a political
party shall not be eligible to participate in the adopt-a-highway program.
(5) In administering the adopt-a-highway program, the
department shall:
(a) Provide a standardized application form, registration
form, and contractual agreement for all participating groups.
The forms shall notify the prospective participants of the
risks and responsibilities to be assumed by the department
and the participants;
(b) Require all participants to be at least fifteen years of
age;
(c) Require parental consent for all minors;
(d) Require at least one adult supervisor for every eight
minors;
(e) Require one designated leader for each participating
organization, unless the department chooses to coordinate a
consortium of participants;
(f) Assign each participating organization a section or
sections of state highway, or other state-owned transportation
facilities, for a specified period of time;
(g) Recognize the efforts of a participating organization
by erecting and maintaining signs with the organization’s
name on both ends of the organization’s section of highway;
(h) Provide appropriate safety equipment. Safety equipment issued to participating groups must be returned to the
department upon termination of the applicable adopt-a-highway agreement;
(i) Provide safety training for all participants;
(j) Pay any and all premiums or assessments required
under RCW 51.12.035 to secure medical aid benefits under
[Title 47 RCW—page 141]
47.40.105
Title 47 RCW: Public Highways and Transportation
chapter 51.36 RCW for all volunteers participating in the program;
(k) Require participating businesses to pay all employer
premiums or assessments required to secure medical aid benefits under chapter 51.36 RCW for all employees or agents
participating in the program;
(l) Maintain records of all injuries and accidents that
occur;
(m) Adopt rules that establish a process to resolve any
question of an organization’s eligibility to participate in the
adopt-a-highway program;
(n) Obtain permission from property owners who lease
right-of-way before allowing an organization to adopt a section of highway on such leased property; and
(o) Establish procedures and guidelines for the adopt-ahighway program.
(6) Nothing in this section affects the rights or activities
of, or agreements with, adjacent landowners, including the
use of rights-of-way and crossings, nor impairs these rights
and uses by the placement of signs. [1995 c 106 § 1; 1990 c
258 § 5.]
Legislative findings and intent—1990 c 258: "The legislature finds
that despite the efforts of the department of transportation, the department of
ecology, and the ecology youth corps to pick up litter along state highways,
roadside litter in Washington state has increased by thirty-six percent since
1983. The legislature further finds that in twenty-seven states, volunteer
organizations are able to give of their time and energy, demonstrate commitment to a clean environment, and discourage would-be litterers by keeping
sections of highway litter free because those states have established programs to encourage and recognize such voluntary efforts. Therefore, it is the
legislature’s intent to establish an "adopt-a-highway" litter control program
as a partnership between citizen volunteers and the state to reduce roadside
litter and build civic pride in a litter-free Washington." [1990 c 258 § 4.]
47.40.105 Local adopt-a-highway programs. Local
government legislative authorities may enact local "adopt-ahighway sign" programs which are not inconsistent with state
or federal law. [1990 c 258 § 3.]
47.40.105
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
Chapter 47.41 RCW
JUNKYARDS ADJACENT TO INTERSTATE AND
PRIMARY HIGHWAYS
Chapter 47.41
Sections
47.41.010
47.41.020
47.41.030
47.41.040
47.41.050
47.41.060
47.41.070
47.41.080
47.41.900
Legislative declaration—Purpose.
Definitions.
Junkyards adjacent to highways prohibited—Exceptions.
Screening or removal of junkyard.
Administrative rules—Review of action.
Other laws not affected.
Violations—Penalty—Abatement as public nuisance.
Agreements with United States secretary of transportation.
Severability—1971 ex.s. c 101.
Vehicle wreckers: Chapter 46.80 RCW.
47.41.010 Legislative declaration—Purpose. For the
purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and
enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and fed47.41.010
[Title 47 RCW—page 142]
eral-aid primary systems within this state. The legislature
hereby finds and declares that junkyards which do not conform to the requirements of this chapter are public nuisances.
[1971 ex.s. c 101 § 1.]
47.41.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel,
and other old or scrap ferrous or nonferrous material.
(2) "Automobile graveyard" means any establishment or
place of business that is maintained, used, or operated by
storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts.
(3) "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills.
(4) "Interstate system" means that portion of the national
system of interstate and defense highways located within this
state, as officially designated or as may hereafter be so designated by the department and approved by the United States
secretary of transportation under Title 23 United States Code.
(5) "Federal-aid primary system" means that portion of
connected main highways as officially designated or as may
hereafter be so designated by the department and approved by
the United States secretary of transportation as the federal-aid
primary system pursuant to the provisions of Title 23 United
States Code.
(6) "Department" means the Washington state department of transportation. [1984 c 7 § 216; 1971 ex.s. c 101 §
2.]
47.41.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.030 Junkyards adjacent to highways prohibited—Exceptions. No person may establish, operate, or
maintain a junkyard any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate or federal-aid primary highway, except the following:
(1) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible
from the main-traveled way of the system or otherwise
removed from sight;
(2) Those located within areas which are zoned for
industrial use under authority of law;
(3) Those located within unzoned industrial areas, which
areas shall be determined from actual land uses and defined
by rules adopted by the department and approved by the
United States secretary of transportation; and
(4) Those which are not visible from the main-traveled
way of the system. [1984 c 7 § 217; 1971 ex.s. c 101 § 3.]
47.41.030
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.040 Screening or removal of junkyard. Before
July 1, 1971, the department shall determine whether or not
the topography of the land adjoining the highway will permit
adequate screening of any junkyard lawfully in existence
located outside of a zoned industrial area or an unzoned
47.41.040
(2008 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
industrial area as defined under RCW 47.41.030 on August 9,
1971, that is within one thousand feet of the nearest edge of
the right-of-way and visible from the main traveled way of
any highway on the interstate and primary system and
whether screening of the junkyard would be economically
feasible. Within thirty days thereafter the department shall
notify by certified mail the record owner of the land upon
which the junkyard is located, or the operator thereof, of its
determination.
If it is economically feasible to screen the junkyard, the
department shall screen the junkyard so that it will not be visible from the main-traveled way of the highway. The department is authorized to acquire by gift, purchase, exchange, or
condemnation such lands or interest in lands as may be
required for these purposes.
If it is not economically feasible to screen the junkyard,
the department shall acquire by purchase, gift, or condemnation an interest in the real property used for junkyard purposes that is visible from the main traveled way of the highway, restricting any owner of the remaining interest to use of
the real estate for purposes other than a junkyard. In addition
to compensation for the real property interest, the operator of
a junkyard shall receive the actual reasonable expenses in
moving his business personal property to a location within
the same general area where a junkyard may be lawfully
established, operated, and maintained. This section shall be
interpreted as being in addition to all other rights and remedies of a junkyard owner or operator and shall not be interpreted as a limitation on or alteration of the law of compensation in eminent domain. [1984 c 7 § 218; 1971 ex.s. c 101 §
4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.050 Administrative rules—Review of action.
The department shall adopt rules for the administration of
this chapter consistent with the policy of this chapter and the
national policy set forth in 23 U.S.C. Sec. 136, and the regulations promulgated thereunder by the United States secretary
of transportation. Proceedings for review of any action taken
by the department pursuant to this chapter shall be instituted
by filing a petition only in the superior court of Thurston
county. [1984 c 7 § 219; 1971 ex.s. c 101 § 5.]
47.41.050
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.060 Other laws not affected. Nothing in this
chapter shall be construed to permit a person to maintain any
junkyard that is otherwise prohibited by statute or by the resolution or ordinance of any county, city, or town, nor to abrogate or affect the lawful provisions of any statute, ordinance,
regulation, or resolution which are more restrictive than the
provisions of this chapter. [1971 ex.s. c 101 § 6.]
47.41.060
day the junkyard is maintained in a manner so as not to comply with this chapter constitutes a separate offense.
(2) If the operator of the junkyard or the owner of the
property upon which it is located, as the case may be, is not
found or refuses receipt of the notice, the department, the
chief of the Washington state patrol, the county sheriff, or the
chief of police of any city or town shall post the property
upon which it is located with a notice that the junkyard constitutes a public nuisance and that the junk thereon must be
removed as provided in this chapter. If the notice is not complied with, the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or
town shall abate the nuisance and remove the junk, and for
that purpose may enter upon private property without incurring liability for doing so. [2003 c 53 § 261; 1984 c 7 § 220;
1971 ex.s. c 101 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.080 Agreements with United States secretary
of transportation. The department is authorized to enter
into agreements with the United States secretary of transportation as provided in Title 23 United States Code, relating to
the control of junkyards in areas adjacent to the interstate and
primary systems, and to take action in the name of the state to
comply with the terms of the agreement. [1984 c 7 § 221;
1971 ex.s. c 101 § 8.]
47.41.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.900 Severability—1971 ex.s. c 101. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 101 § 9.]
47.41.900
Chapter 47.42 RCW
HIGHWAY ADVERTISING CONTROL ACT—
SCENIC VISTAS ACT
Chapter 47.42
Sections
47.42.010
47.42.020
47.42.025
47.42.030
47.42.040
47.42.045
47.42.048
47.42.050
47.42.055
47.42.060
47.42.062
47.41.070 Violations—Penalty—Abatement as public nuisance. (1) If the owner of the land upon which any
such junkyard is located, or the operator thereof, as the case
may be, fails to comply with the notice or remove any such
junk within the time provided in this chapter after being so
notified, he or she is guilty of a misdemeanor. In addition to
the penalties imposed by law upon conviction, an order may
be entered compelling compliance with this chapter. Each
47.41.070
(2008 Ed.)
Chapter 47.42
47.42.063
47.42.065
47.42.070
47.42.080
47.42.090
47.42.100
47.42.102
Declaration of purpose.
Definitions.
Exclusions from scenic system.
Signs visible from interstate, primary, or scenic systems
restricted.
Permissible signs classified.
Number of signs—Spacing—Tourist facility, business or agricultural signs.
State and local prohibitions.
Information signs by governmental units.
Roadside area information panels or displays.
Rules for signs visible from interstate and scenic systems—
Judicial review.
Signs visible from primary system in commercial and industrial areas—Requirements, restrictions, and prohibitions.
Signs visible from primary system in commercial and industrial areas—Preexisting signs—Permissible signs—Spacing.
Signs viewable from other highways or streets—Requirements.
State and local prohibitions.
Public nuisance—Abatement—Penalty.
Revocation of permit.
Preexisting signs—Moratorium.
Compensation for removal of signs—Authorized—Applicability.
[Title 47 RCW—page 143]
47.42.010
47.42.103
47.42.104
47.42.105
47.42.107
47.42.110
47.42.120
47.42.130
47.42.140
47.42.900
47.42.901
47.42.902
47.42.910
47.42.911
47.42.920
Title 47 RCW: Public Highways and Transportation
Compensation for removal—Action determining amount—
Payment—State’s share.
Compensation for removal—Federal share—Acceptance.
Unavailability of federal share.
Compensation for removal under local authority.
Agreements for federal aid.
Permits—Fees—Renewal—Permissible acts—Revocation.
Permit identification number.
Scenic areas designated.
Severability—1961 c 96.
Severability—1963 ex.s. c 3.
Severability—1971 ex.s. c 62.
Short title—1961 c 96.
Short title—1971 ex.s. c 62.
Federal requirements—Conflict and accord.
47.42.010 Declaration of purpose. The control of
signs in areas adjacent to state highways of this state is
hereby declared to be necessary to promote the public health,
safety, welfare, convenience and enjoyment of public travel,
to protect the public investment in the interstate system and
other state highways, and to attract visitors to this state by
conserving the natural beauty of areas adjacent to the interstate system, and of scenic areas adjacent to state highways
upon which they travel in great numbers, and to insure that
information in the specific interest of the traveling public is
presented safely and effectively. [1961 c 96 § 1.]
47.42.010
47.42.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Department" means the Washington state department of transportation.
(2) "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(3) "Interstate system" means any state highway which is
or does become part of the national system of interstate and
defense highways as described in section 103(d) of title 23,
United States Code.
(4) "Maintain" means to allow to exist.
(5) "Person" means this state or any public or private corporation, firm, partnership, association, as well as any individual or individuals.
(6) "Primary system" means any state highway which is
or does become part of the federal-aid primary system as
described in section 103(b) of title 23, United States Code.
(7) "Scenic system" means (a) any state highway within
any public park, federal forest area, public beach, public recreation area, or national monument, (b) any state highway or
portion thereof outside the boundaries of any incorporated
city or town designated by the legislature as a part of the scenic system, or (c) any state highway or portion thereof outside the boundaries of any incorporated city or town designated by the legislature as a part of the scenic and recreational
highway system except for the sections of highways specifically excluded in RCW 47.42.025 or located within areas
zoned by the governing county for predominantly commercial and industrial uses, and having development visible to
the highway, as determined by the department.
(8) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or
other thing that is designed, intended, or used to advertise or
inform, any part of the advertising or informative contents of
which is visible from any place on the main-traveled way of
the interstate system or other state highway. "Sign" does not
47.42.020
[Title 47 RCW—page 144]
include a display authorized under RCW 47.36.030(3) promoting a local agency sponsored event that does not include
advertising.
(9) "Commercial and industrial areas" means any area
zoned commercial or industrial by a county or municipal
code, or if unzoned or zoned for general uses by a county or
municipal code, that area occupied by three or more separate
and distinct commercial or industrial activities, or any combination thereof, within a space of five hundred feet and the
area within five hundred feet of such activities on both sides
of the highway. The area shall be measured from the outer
edges of the regularly used buildings, parking lots, or storage
or processing areas of the commercial or industrial activity
and not from the property lines of the parcels upon which the
activities are located. Measurements shall be along or parallel to the edge of the main traveled way of the highway. The
following shall not be considered commercial or industrial
activities:
(a) Agricultural, forestry, grazing, farming, and related
activities, including, but not limited to, wayside fresh produce stands;
(b) Transient or temporary activities;
(c) Railroad tracks and minor sidings;
(d) Signs;
(e) Activities more than six hundred and sixty feet from
the nearest edge of the right-of-way;
(f) Activities conducted in a building principally used as
a residence.
If any commercial or industrial activity that has been used in
defining or delineating an unzoned area ceases to operate for
a period of six continuous months, any signs located within
the former unzoned area become nonconforming and shall
not be maintained by any person.
(10) "Roadside area information panel or display" means
a panel or display located so as not to be readable from the
main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with
information in the specific interest of the traveling public.
(11) "Temporary agricultural directional sign" means a
sign on private property adjacent to state highway right-ofway to provide directional information to places of business
offering for sale seasonal agricultural products on the property where the sale is taking place. [2005 c 398 § 2; 1993 c
430 § 10; 1991 c 94 § 1; 1990 c 258 § 1; 1987 c 469 § 2; 1985
c 376 § 2; 1984 c 7 § 222; 1977 ex.s. c 258 § 1; 1974 ex.s. c
80 § 1; 1971 ex.s. c 62 § 1; 1961 c 96 § 2.]
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
Legislative intent—1985 c 376: "It is the intent of the legislature that
state highway information and directional signs provide appropriate guidance to all motorists traveling throughout the state. Such guidance should
include the identity, location, and types of recreational, cultural, educational,
entertainment, or unique or unusual commercial activities whose principle
source of visitation is derived from motorists not residing in the immediate
locale of the activity. Such informational and directional signs shall comply
with Title 23, United States Code and the rules adopted by the department
under RCW 47.42.060." [1985 c 376 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.025 Exclusions from scenic system. The following sections of the scenic and recreational highway system
47.42.025
(2008 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
are excluded from the scenic system as defined in subsection
(7) of RCW 47.42.020:
(1) Beginning on state route number 101 at the junction
with Airport Road north of Shelton, thence north to a point
two thousand feet north of Airport Road.
(2) Beginning on state route number 101 at the junction
with Mill Creek Road south of Forks, thence north two and
four-tenths miles to the Calawah River bridge.
(3) Beginning on state route number 105 at a point onehalf mile southwest of the boundary of Aberdeen, thence
northeast to the boundary of Aberdeen.
(4) Beginning on state route number 17 at a point ninetenths of a mile west of Grape Drive in the vicinity of Moses
Lake, thence easterly to a junction of Grape Drive.
(5) Beginning on state route number 12 at a point onehalf mile south of the south boundary of Dayton, thence
northerly to the south boundary of Dayton.
(6) Beginning on state route number 14 one-half mile
west of the west boundary of Bingen, thence east to a point
one-half mile east of the east boundary of Bingen. [1971
ex.s. c 62 § 2.]
47.42.030 Signs visible from interstate, primary, or
scenic systems restricted. Except as permitted under this
chapter, no person shall erect or maintain a sign which is visible from the main traveled way of the interstate system, the
primary system, or the scenic system. In case a highway or a
section of highway is both a part of the primary system and
the scenic system, only those signs permitted along the scenic
system shall be erected or maintained. [1971 ex.s. c 62 § 3;
1961 c 96 § 3.]
47.42.030
47.42.040 Permissible signs classified. It is declared to
be the policy of the state that no signs which are visible from
the main traveled way of the interstate system, primary system, or scenic system shall be erected or maintained except
the following types:
(1) Directional or other official signs or notices that are
required or authorized by law including signs with the Crime
Stoppers name, logo, and telephone number;
(2) Signs advertising the sale or lease of the property
upon which they are located;
(3) Signs advertising activities conducted on the property on which they are located;
(4) Signs, not inconsistent with the policy of this chapter
and the national policy set forth in section 131 of title 23,
United States Code as codified and enacted by Public Law
85-767 and amended only by section 106, Public Law
86-342, and the national standards promulgated thereunder
by the secretary of commerce or the secretary of transportation, advertising activities being conducted at a location
within twelve miles of the point at which such signs are
located: PROVIDED, That no sign lawfully erected pursuant
to this subsection adjacent to the interstate system and outside commercial and industrial areas shall be maintained by
any person after three years from May 10, 1971;
(5) Signs, not inconsistent with the policy of this chapter
and the national policy set forth in section 131 of title 23,
United States Code as codified and enacted by Public Law
85-767 and amended only by section 106, Public Law
47.42.040
(2008 Ed.)
47.42.040
86-342, and the regulations promulgated thereunder by the
secretary of commerce or the secretary of transportation,
designed to give information in the specific interest of the
traveling public: PROVIDED, That no sign lawfully erected
pursuant to this subsection adjacent to the interstate system
and outside commercial and industrial areas shall be maintained by any person after three years from May 10, 1971;
(6) Signs lawfully in existence on October 22, 1965,
determined by the commission, subject to the approval of the
United States secretary of transportation, to be landmark
signs, including signs on farm structures or natural surfaces,
of historic or artistic significance the preservation of which
would be consistent with the purposes of chapter 47.42
RCW;
(7) Public service signs, located on school bus stop shelters, which:
(a) Identify the donor, sponsor, or contributor of said
shelters;
(b) Contain safety slogans or messages which occupy not
less than sixty percent of the area of the sign;
(c) Contain no other message;
(d) Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or
ordinance, and at places approved by the city, county, or state
agency controlling the highway involved; and
(e) Do not exceed thirty-two square feet in area. Not
more than one sign on each shelter may face in any one direction.
Subsection (7) of this section notwithstanding, the
department of transportation shall adopt regulations relating
to the appearance of school bus shelters, the placement, size,
and public service content of public service signs located
thereon, and the prominence of the identification of the
donors, sponsors, or contributors of the shelters;
(8) Temporary agricultural directional signs, with the
following restrictions:
(a) Signs shall be posted only during the period of time
the seasonal agricultural product is being sold;
(b) Signs shall not be placed adjacent to the interstate
highway system unless the sign qualifies as an on-premise
sign;
(c) Signs shall not be placed within an incorporated city
or town;
(d) Premises on which the seasonal agricultural products
are sold must be within fifteen miles of the state highway, and
necessary supplemental signing on local roads must be provided before the installation of the signs on the state highway;
(e) Signs must be located so as not to restrict sight distances on approaches to intersections;
(f) The department shall establish a permit system and
fee schedule and rules for the manufacturing, installation, and
maintenance of these signs in accordance with the policy of
this chapter;
(g) Signs in violation of these provisions shall be
removed in accordance with the procedures in RCW
47.42.080;
Only signs of types 1, 2, 3, 7, and 8 may be erected or
maintained within view of the scenic system. Signs of types 7
and 8 may also be erected or maintained within view of the
federal aid primary system. [2001 c 107 § 1; 1991 c 94 § 2;
[Title 47 RCW—page 145]
47.42.045
Title 47 RCW: Public Highways and Transportation
1990 c 258 § 2; 1985 c 376 § 3; 1979 c 69 § 1; 1975 1st ex.s.
c 271 § 1; 1971 ex.s. c 62 § 4; 1961 c 96 § 4.]
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
47.42.050 Information signs by governmental units.
Information signs may be erected and maintained by the
state, any county, city, or town. [1961 c 96 § 5.]
47.42.050
47.42.055 Roadside area information panels or displays. The department is authorized to erect roadside area
information panels or displays adjacent to the state highway
system within this state. The department may contract with
private persons for the erection and operation of the information panels or displays. Compensation to the contractors shall
be derived solely from the reasonable fees that the contractors
will be permitted to charge participating businesses for making and exhibiting business signs and displays and for rendering services to tourists. [1985 c 376 § 5; 1984 c 7 § 225; 1977
ex.s. c 258 § 2.]
47.42.055
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.42.045
47.42.045 Number of signs—Spacing—Tourist facility, business or agricultural signs. (1) Not more than one
type 3 sign visible to traffic proceeding in any one direction
on an interstate system, primary system outside an incorporated city or town or commercial or industrial area, or scenic
system highway may be permitted more than fifty feet from
the advertised activity;
(2) A type 3 sign, other than one along any portion of the
primary system within an incorporated city or town or within
any commercial or industrial area, permitted more than fifty
feet from the advertised activity pursuant to subsection (1) of
this section shall not be erected or maintained a greater distance from the advertised activity than one of the following
options selected by the owner of the business being advertised:
(a) One hundred fifty feet measured along the edge of the
protected highway from the main entrance to the activity
advertised (when applicable);
(b) One hundred fifty feet from the main building of the
advertised activity; or
(c) Fifty feet from a regularly used parking lot maintained by and contiguous to the advertised activity.
(3) In addition to signs permitted by subsections (1) and
(2) of this section, the commission may adopt regulations
permitting one type 3 sign visible to traffic proceeding in any
one direction on an interstate, primary or scenic system highway on premises which, on June 25, 1976, are used wholly or
in part as an operating business, farm, ranch or orchard which
sign bears only the name of the business, farm, ranch or
orchard and a directional arrow or short directional message.
Regulations adopted under this subsection shall prohibit the
erection or maintenance of such type 3 signs on narrow strips
of land a substantial distance from but connected with a business, farm, ranch or orchard. Signs permitted under this subsection shall not exceed fifty square feet in area.
(4) The commission with advice from the parks and recreation commission shall adopt specifications for a uniform
system of official tourist facility directional signs to be used
on the scenic system highways. Official directional signs
shall be posted by the commission to inform motorists of
types of tourist and recreational facilities available off the
scenic system which are accessible by way of public or private roads intersecting scenic system highways. [1975-’76
2nd ex.s. c 55 § 2; 1974 ex.s. c 154 § 1; 1974 ex.s. c 138 § 1;
1971 ex.s. c 62 § 5.]
47.42.048
47.42.048 State and local prohibitions. Nothing in
this chapter shall be construed to permit a person to erect or
maintain a sign that is otherwise prohibited by statute or by
the resolution or ordinance of any county, city or town of the
state of Washington. [1974 ex.s. c 80 § 3.]
[Title 47 RCW—page 146]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.060 Rules for signs visible from interstate and
scenic systems—Judicial review. The department shall
adopt rules for the erection and maintenance of signs that are
visible from the main traveled way of the interstate system
and the scenic system and that are permitted by this chapter
and other rules for the administration of this chapter consistent with the policy of this chapter and the national policy set
forth in section 131, title 23, United States Code as codified
and enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342 and the regulations promulgated
thereunder by the secretary of commerce or the secretary of
transportation. Proceedings for review of any action taken by
the department pursuant to this chapter shall be instituted by
filing a petition only in the superior court of Thurston county.
[1984 c 7 § 226; 1971 ex.s. c 62 § 6; 1961 c 96 § 6.]
47.42.060
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.062 Signs visible from primary system in commercial and industrial areas—Requirements, restrictions, and prohibitions. Signs within six hundred and sixty
feet of the nearest edge of the right-of-way which are visible
from the main traveled way of the primary system within
commercial and industrial areas and whose size, lighting, and
spacing are consistent with the customary use of property for
the effective display of outdoor advertising as set forth in this
section may be erected and maintained: PROVIDED, That
this section shall not serve to restrict type 3 signs located
along any portion of the primary system within an incorporated city or town or within any commercial or industrial
area.
(1) General: Signs shall not be erected or maintained
which (a) imitate or resemble any official traffic sign, signal,
or device; (b) are erected or maintained upon trees or painted
or drawn upon rocks or other natural features and which are
structurally unsafe or in disrepair; or (c) have any visible
moving parts.
(2) Size of signs:
(a) The maximum area for any one sign shall be six hundred seventy-two square feet with a maximum height of
twenty-five feet and maximum length of fifty feet inclusive
of any border and trim but excluding the base or apron, supports and other structural members: PROVIDED, That cut47.42.062
(2008 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
outs and extensions may add up to twenty percent of additional sign area.
(b) For the purposes of this subsection, double-faced,
back-to-back, or V-type signs shall be considered as two
signs.
(c) Signs which exceed three hundred twenty-five square
feet in area may not be double-faced (abutting and facing the
same direction).
(3) Spacing of signs:
(a) Signs may not be located in such a manner as to
obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or
physically interfere with the driver’s view of approaching,
merging, or intersecting traffic.
(b) On limited access highways established pursuant to
chapter 47.52 RCW no two signs shall be spaced less than
one thousand feet apart, and no sign may be located within
three thousand feet of the center of an interchange, a safety
rest area, or information center, or within one thousand feet
of an intersection at grade. Double-faced signs shall be prohibited. Not more than a total of five sign structures shall be
permitted on both sides of the highway per mile.
(c) On noncontrolled access highways inside the boundaries of incorporated cities and towns not more than a total of
four sign structures on both sides of the highway within a
space of six hundred sixty feet shall be permitted with a minimum of one hundred feet between sign structures. In no
event, however, shall more than four sign structures be permitted between platted intersecting streets or highways. On
noncontrolled access highways outside the boundaries of
incorporated cities and towns minimum spacing between sign
structures on each side of the highway shall be five hundred
feet.
(d) For the purposes of this subsection, a back-to-back
sign and a V-type sign shall be considered one sign structure.
(e) Official signs, and signs advertising activities conducted on the property on which they are located shall not be
considered in determining compliance with the above spacing requirements. The minimum space between structures
shall be measured along the nearest edge of the pavement
between points directly opposite the signs along each side of
the highway and shall apply to signs located on the same side
of the highway.
(4) Lighting: Signs may be illuminated, subject to the
following restrictions:
(a) Signs which contain, include, or are illuminated by
any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such
as time, date, temperature, weather, or similar information.
(b) Signs which are not effectively shielded as to prevent
beams or rays of light from being directed at any portion of
the traveled ways of the highway and which are of such intensity or brilliance as to cause glare or to impair the vision of
the driver of any motor vehicle, or which otherwise interfere
with any driver’s operation of a motor vehicle are prohibited.
(c) No sign shall be so illuminated that it interferes with
the effectiveness of, or obscures an official traffic sign,
device, or signal.
(d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all
highways under the jurisdiction of the state. [1975 1st ex.s. c
(2008 Ed.)
47.42.080
271 § 3; 1974 ex.s. c 154 § 2; 1974 ex.s. c 138 § 2; 1971 ex.s.
c 62 § 7.]
47.42.063
47.42.063 Signs visible from primary system in commercial and industrial areas—Preexisting signs—Permissible signs—Spacing. (1) Signs within six hundred and sixty
feet of the nearest edge of the right-of-way lawfully erected
and maintained which are visible from the main traveled way
of the primary system within commercial and industrial areas
on June 1, 1971 shall be permitted to remain and be maintained.
(2) Signs within six hundred and sixty feet of the nearest
edge of the right-of-way which are visible from the main
traveled way of the primary system within commercial and
industrial areas whose size, lighting, and spacing are consistent with customary use as set forth in RCW 47.42.062 may
be erected and maintained. Signs lawfully erected and maintained on June 1, 1971 shall be included in the determination
of spacing requirements for additional signs. [1975 1st ex.s.
c 271 § 4; 1971 ex.s. c 62 § 8.]
47.42.065
47.42.065 Signs viewable from other highways or
streets—Requirements. Notwithstanding any other provision of chapter 47.42 RCW, signs may be erected and maintained more than six hundred and sixty feet from the nearest
edge of the right-of-way which are visible from the main
traveled way of the interstate system, primary system, or scenic system when designed and oriented to be viewed from
highways or streets other than the interstate system, primary
system, or the scenic system and the advertising or informative contents of which may not be clearly comprehended by
motorists using the main traveled way of the interstate system, primary system or scenic system. [1975 1st ex.s. c 271
§ 5; 1971 ex.s. c 62 § 9.]
47.42.070
47.42.070 State and local prohibitions. Nothing in
this chapter shall be construed to permit a person to erect or
maintain any sign that is otherwise prohibited by statute or by
the resolution or ordinance of any county, city, or town of the
state of Washington. [1961 c 96 § 7.]
47.42.080
47.42.080 Public nuisance—Abatement—Penalty.
(1) Any sign erected or maintained contrary to the provisions
of this chapter or rules adopted hereunder that is designed to
be viewed from the interstate system, the primary system, or
the scenic system is a public nuisance, and the department,
the chief of the Washington state patrol, the county sheriff, or
the chief of police of any city or town shall notify the permittee or, if there is no permittee, the owner of the property on
which the sign is located, by certified mail at his last known
address, that it constitutes a public nuisance and must comply
with the chapter or be removed.
(2) If the permittee or owner, as the case may be, fails to
comply with the chapter or remove any such sign within fifteen days after being notified to remove the sign he is guilty
of a misdemeanor. In addition to the penalties imposed by
law upon conviction, an order may be entered compelling
removal of the sign. Each day the sign is maintained constitutes a separate offense.
[Title 47 RCW—page 147]
47.42.090
Title 47 RCW: Public Highways and Transportation
(3) If the permittee or the owner of the property upon
which it is located, as the case may be, is not found or refuses
receipt of the notice, the department, the chief of the Washington state patrol, the county sheriff, or the chief of police of
any city or town shall post the sign and property upon which
it is located with a notice that the sign constitutes a public
nuisance and must be removed. If the sign is not removed
within fifteen days after such posting, the department, the
chief of the Washington state patrol, the county sheriff, or the
chief of police of any city or town shall abate the nuisance
and destroy the sign, and for that purpose may enter upon private property without incurring liability for doing so.
(4) Nothing in this section may be construed to affect the
provisions contained in RCW 47.42.102 requiring the payment of compensation upon the removal of any signs compensable under state law.
(5) Any sign erected or maintained on state highway
right-of-way contrary to this chapter or rules adopted under it
is a public nuisance, and the department is authorized to
remove any such sign without notice. [1985 c 376 § 6; 1984
c 7 § 227; 1975-’76 2nd ex.s. c 55 § 1; 1971 ex.s. c 62 § 10;
1961 c 96 § 8.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.090 Revocation of permit. If any person is convicted of a violation of this chapter, or any rule adopted hereunder, the department may revoke any permit issued to that
person under this chapter. [1984 c 7 § 228; 1961 c 96 § 9.]
47.42.090
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.100 Preexisting signs—Moratorium. (1) No
sign lawfully erected in a protected area as defined by section
2, chapter 96, Laws of 1961 (before the amendment thereof),
prior to March 11, 1961, within a commercial or industrial
zone within the boundaries of any city or town, as such
boundaries existed on September 21, 1959, wherein the use
of real property adjacent to the interstate system is subject to
municipal regulation or control but which does not comply
with the provisions of this chapter or any regulations promulgated hereunder, shall be maintained by any person after
March 11, 1965.
(2) No sign lawfully erected in a protected area as
defined by section 2, chapter 96, Laws of 1961 (before the
amendment thereof), prior to March 11, 1961, other than
within a commercial or industrial zone within the boundaries
of a city or town as such boundaries existed on September 21,
1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control but
which does not comply with the provisions of this chapter or
any regulations promulgated hereunder, shall be maintained
by any person after three years from March 11, 1961.
(3) No sign lawfully erected in a scenic area as defined
by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to the effective date of the designation of
such area as a scenic area shall be maintained by any person
after three years from the effective date of the designation of
any such area as a scenic area.
(4) No sign visible from the main traveled way of the
interstate system, the primary system (other than type 3 signs
47.42.100
[Title 47 RCW—page 148]
along any portion of the primary system within an incorporated city or town or within a commercial or industrial area),
or the scenic system which was there lawfully maintained
immediately prior to May 10, 1971, but which does not comply with the provisions of chapter 47.42 RCW as now or
hereafter amended, shall be maintained by any person (a)
after three years from May 10, 1971, or (b) with respect to
any highway hereafter designated by the legislature as a part
of the scenic system, after three years from the effective date
of the designation. Signs located in areas zoned by the governing county for predominantly commercial or industrial
uses, that do not have development visible to the highway, as
determined by the department, and that were lawfully
installed after May 10, 1971, visible to any highway now or
hereafter designated by the legislature as part of the scenic
system, shall be allowed to be maintained. [1993 c 430 § 11;
1974 ex.s. c 154 § 3; 1974 ex.s. c 138 § 3; 1971 ex.s. c 62 §
11; 1963 ex.s. c 3 § 55; 1961 c 96 § 10.]
47.42.102 Compensation for removal of signs—
Authorized—Applicability. (1) Except as otherwise provided in subsection (3) of this section, just compensation
shall be paid upon the removal of any sign (pursuant to the
provisions of chapter 47.42 RCW), lawfully erected under
state law, which is visible from the main traveled way of the
interstate system or the primary system.
(2) Such compensation shall be paid for the following:
(a) The taking from the owner of such sign, display, or
device of all right, title, leasehold, and interest in such sign,
display, or device; and
(b) The taking from the owner of the real property on
which the sign, display, or device is located, of the right to
erect and maintain such signs, displays, and devices thereon.
(3) In no event, however, shall compensation be paid for
the taking or removal of signs adjacent to the interstate system and the scenic system which became subject to removal
pursuant to chapter 96, Laws of 1961 as amended by section
55, chapter 3, Laws of 1963 ex. sess. prior to May 10, 1971.
[1975 1st ex.s. c 271 § 2; 1971 ex.s. c 62 § 12.]
47.42.102
47.42.103 Compensation for removal—Action determining amount—Payment—State’s share. (1) Compensation as required by RCW 47.42.102 shall be paid to the person or persons entitled thereto for the removal of such signs.
If no agreement is reached on the amount of compensation to
be paid, the department may institute an action by summons
and complaint in the superior court for the county in which
the sign is located to obtain a determination of the compensation to be paid. If the owner of the sign is unknown and cannot be ascertained after diligent efforts to do so, the department may remove the sign upon the payment of compensation only to the owner of the real property on which the sign
is located. Thereafter the owner of the sign may file an action
at any time within one year after the removal of the sign to
obtain a determination of the amount of compensation he
should receive for the loss of the sign. If either the owner of
the sign or the owner of the real property on which the sign is
located cannot be found within the state, service of the summons and complaint on such person for the purpose of obtaining a determination of the amount of compensation to be paid
47.42.103
(2008 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
may be by publication in the manner provided by RCW
4.28.100.
(2) If compensation is determined by judicial proceedings, the sum so determined shall be paid into the registry of
the court to be disbursed upon removal of the sign by its
owner or by the owner of the real property on which the sign
is located. If the amount of compensation is agreed upon, the
department may pay the agreed sum into escrow to be
released upon the removal of the sign by its owner or the
owner of the real property on which the sign is located.
(3) The state’s share of compensation shall be paid from
the motor vehicle fund, or if a court having jurisdiction enters
a final judgment declaring that motor vehicle funds may not
be used, then from the general fund. [1984 c 7 § 229; 1971
ex.s. c 62 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.104 Compensation for removal—Federal
share—Acceptance. The department may accept any allotment of funds by the United States, or any agency thereof,
appropriated to carry out the purposes of section 131 of title
23, United States Code, as now or hereafter amended. The
department shall take such steps as may be necessary from
time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated, pursuant
to section 131, for the purpose of paying the federal share of
the just compensation to be paid to sign owners and owners
of real property under the terms of subsection (g) of section
131 and RCW 47.42.102, 47.42.103, and 47.42.104. [1984 c
7 § 230; 1971 ex.s. c 62 § 14.]
47.42.104
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.105 Unavailability of federal share. No sign,
display, or device shall be required to be removed if the federal share of the just compensation to be paid upon the
removal of such sign, display, or device is not available to
make such payment. [1971 ex.s. c 62 § 15.]
47.42.105
47.42.107 Compensation for removal under local
authority. (1) Just compensation shall be paid upon the
removal of any existing sign pursuant to the provisions of any
resolution or ordinance of any county, city, or town of the
state of Washington by such county, city, or town if:
(a) Such sign was lawfully in existence on May 10, 1971
(the effective date of the Scenic Vistas Act of 1971); or
(b) Such sign was erected subsequent to May 10, 1971
(the effective date of the Scenic Vistas Act of 1971), in compliance with existing state and local law.
(2) Such compensation shall be paid in the same manner
as specified in RCW 47.42.102(2) for the following:
(a) The taking from the owner of such sign, display, or
device of all right, title, leasehold, and interest in such sign,
display, or device; and
(b) The taking from the owner of the real property on
which the sign, display, or device is located, of the right to
erect and maintain such signs, displays, and devices thereon.
[1977 ex.s. c 141 § 1.]
47.42.107
Severability—1977 ex.s. c 141: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 141 § 2.]
(2008 Ed.)
47.42.130
47.42.110
47.42.110 Agreements for federal aid. The department is authorized to enter into agreements (and such supplementary agreements as may be necessary) consistent with
this chapter, with the secretary of commerce or the secretary
of transportation authorized under section 131(b) of title 23,
United States Code, as codified and enacted by Public Law
85-767 and amended only by section 106, Public Law 86342, in order that the state may become eligible for increased
federal aid as provided for in section 131 of title 23, United
States Code, as codified and enacted by Public Law 85-767
and amended only by section 106, Public Law 86-342. [1984
c 7 § 231; 1971 ex.s. c 62 § 16; 1961 c 96 § 11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.120
47.42.120 Permits—Fees—Renewal—Permissible
acts—Revocation. Notwithstanding any other provisions of
this chapter, no sign except a sign of type 1 or 2 or those type
3 signs that advertise activities conducted upon the properties
where the signs are located, may be erected or maintained
without a permit issued by the department. Application for a
permit shall be made to the department on forms furnished by
it. The forms shall contain a statement that the owner or lessee of the land in question has consented thereto. The application shall be accompanied by a fee established by department rule to be deposited with the state treasurer to the credit
of the motor vehicle fund. Permits shall be for the remainder
of the calendar year in which they are issued, and accompanying fees shall not be prorated for fractions of the year. Permits must be renewed annually through a certification process established by department rule. Advertising copy may be
changed at any time without the payment of an additional fee.
Assignment of permits in good standing is effective only
upon receipt of written notice of assignment by the department. A permit may be revoked after hearing if the department finds that any statement made in the application or
annual certification process was false or misleading, or that
the sign covered is not in good general condition and in a reasonable state of repair, or is otherwise in violation of this
chapter, if the false or misleading information has not been
corrected and the sign has not been brought into compliance
with this chapter or rules adopted under it within thirty days
after written notification. [1999 c 276 § 1; 1984 c 7 § 232;
1971 ex.s. c 62 § 17; 1961 c 96 § 12.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.130
47.42.130 Permit identification number. Every permit issued by the department shall be assigned a separate
identification number, and each permittee shall fasten to each
sign a weatherproof label, not larger than sixteen square
inches, that shall be furnished by the department and on
which shall be plainly visible the permit number. The permittee shall also place his or her name in a conspicuous position
on the front or back of each sign. The failure of a sign to have
such a label affixed to it is prima facie evidence that it is not
in compliance with the provisions of this chapter. [1999 c
276 § 2; 1984 c 7 § 233; 1961 c 96 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 149]
47.42.140
Title 47 RCW: Public Highways and Transportation
47.42.140 Scenic areas designated. The following portions of state highways are designated as a part of the scenic
system:
(1) State route number 2 beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in an
easterly direction by way of Stevens pass to a junction with
state route number 97 in the vicinity of Peshastin.
(2) State route number 7 beginning at a junction with
state route number 706 at Elbe, thence in a northerly direction
to a junction with state route number 507 south of Spanaway.
(3) State route number 11 beginning at the Blanchard
overcrossing, thence in a northerly direction to the limits of
Larabee state park (north line of section 36, township 37
north, range 2 east).
(4) State route number 12 beginning at Kosmos southeast of Morton, thence in an easterly direction across White
pass to the Oak Flat junction with state route number 410
northwest of Yakima.
(5) State route number 90 beginning at the westerly junction with West Lake Sammamish parkway in the vicinity of
Issaquah, thence in an easterly direction by way of North
Bend and Snoqualmie pass to a junction with state route number 970 at Cle Elum.
(6) State route number 97 beginning at a junction with
state route number 970 at Virden, thence via Blewett pass to
a junction with state route number 2 in the vicinity of Peshastin.
(7) State route number 106 beginning at the junction
with state route number 101 in the vicinity of Union, thence
northeasterly to the junction with state route number 3 in the
vicinity of Belfair.
(8) State route number 123 beginning at a junction with
state route number 12 at Ohanapecosh junction in the vicinity
west of White pass, thence in a northerly direction to a junction with state route number 410 at Cayuse junction in the
vicinity west of Chinook pass.
(9) State route number 165 beginning at the northwest
entrance to Mount Rainier national park, thence in a northerly
direction to a junction with state route number 162 east of the
town of South Prairie.
(10) State route number 206, Mt. Spokane Park Drive,
beginning at the junction with state route number 2 near the
north line section 3, township 26 N, range 43 E, thence northeasterly to a point in section 28, township 28 N, range 45 E at
the entrance to Mt. Spokane state park.
(11) State route number 305, beginning at the ferry slip
at Winslow on Bainbridge Island, thence northwesterly by
way of Agate Pass bridge to a junction with state route number 3 approximately four miles northwest of Poulsbo.
(12) State route number 410 beginning at the crossing of
Scatter creek approximately six miles east of Enumclaw,
thence in an easterly direction by way of Chinook pass to a
junction of state route number 12 and state route number 410.
(13) State route number 706 beginning at a junction with
state route number 7 at Elbe thence in an easterly direction to
the southwest entrance to Mount Rainier national park.
(14) State route number 970 beginning at a junction with
state route number 90 in the vicinity of Cle Elum thence via
Teanaway to a junction with state route number 97 in the
vicinity of Virden. [1993 c 430 § 12; 1992 c 26 § 3; 1975 c
47.42.140
[Title 47 RCW—page 150]
63 § 9; 1974 ex.s. c 138 § 4. Prior: 1971 ex.s. c 73 § 28; 1971
ex.s. c 62 § 18; 1961 c 96 § 14. Cf. 1974 ex.s. c 154 § 4.]
47.42.900 Severability—1961 c 96. If any provision of
this chapter or its application to any person or circumstance is
held invalid, the remainder of the chapter, or the application
of the provision to other persons or circumstances is not
affected. [1961 c 96 § 16.]
47.42.900
47.42.901 Severability—1963 ex.s. c 3. If any provision of *section 55 of this amendatory act shall be held to be
invalid or shall be held to invalidate any provision of chapter
96, Laws of 1961 (chapter 47.42 RCW), then that provision
of this amendatory act shall be of no force and effect and the
provisions of chapter 96, Laws of 1961 (chapter 47.42 RCW)
shall continue in effect. [1963 ex.s. c 3 § 56.]
47.42.901
*Reviser’s note: The reference to "section 55 of this amendatory act"
is to the 1963 amendment of RCW 47.42.100.
47.42.902 Severability—1971 ex.s. c 62. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 62 § 20.]
47.42.902
47.42.910 Short title—1961 c 96. This chapter shall be
known and may be cited as the highway advertising control
act of 1961. [1961 c 96 § 17.]
47.42.910
47.42.911 Short title—1971 ex.s. c 62. This chapter
may be cited as the "Scenic Vistas Act." [1999 c 276 § 3;
1971 ex.s. c 62 § 19.]
47.42.911
47.42.920 Federal requirements—Conflict and
accord. If the secretary of the United States department of
transportation finds any part of this chapter to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this chapter is hereby declared to be inoperative solely to
the extent of the conflict and with respect to the agencies
directly affected, and such finding or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. The rules under this
chapter shall meet federal requirements that are a necessary
condition to the receipt of federal funds by the state. [1985 c
142 § 4.]
47.42.920
Chapter 47.44
Chapter 47.44 RCW
FRANCHISES ON STATE HIGHWAYS
Sections
47.44.010
47.44.020
47.44.030
47.44.031
47.44.040
47.44.050
47.44.060
47.44.070
47.44.081
47.44.150
Wire and pipe line and tram and railway franchises—Application—Rules on hearing and notice.
Grant of franchise—Conditions—Hearing.
Removal of facilities—Notice—Reimbursement, when.
Removal of facilities—Limitation.
Franchises across joint bridges.
Permit for short distances.
Penalties.
Franchises to use toll facility property.
Exception—Leases for deployment of personal wireless service facilities.
Measure of damages.
(2008 Ed.)
Franchises on State Highways
47.44.010 Wire and pipe line and tram and railway
franchises—Application—Rules on hearing and notice.
(1) The department of transportation may grant franchises to
persons, associations, private or municipal corporations, the
United States government, or any agency thereof, to use any
state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, telephone, telegraph and
electric light and power lines and conduits, trams or railways,
and any structures or facilities that are part of an urban public
transportation system owned or operated by a municipal corporation, agency, or department of the state of Washington
other than the department of transportation, and any other
such facilities. In order to minimize the disruption to traffic
and damage to the roadway, the department is encouraged to
develop a joint trenching policy with other affected jurisdictions so that all permittees and franchisees requiring access to
ground under the roadway may do so at one time.
(2) All applications for the franchise must be made in
writing and subscribed by the applicant, and describe the
state highway or portion thereof over which franchise is
desired and the nature of the franchise. The application must
also include the identification of all jurisdictions affected by
the franchise and the names of other possible franchisees who
should receive notice of the application for a franchise.
(3) The department of transportation shall adopt rules
providing for a hearing or an opportunity for a hearing with
reasonable public notice thereof with respect to any franchise
application involving the construction and maintenance of
utilities or other facilities within the highway right-of-way
which the department determines may (a) during construction, significantly disrupt the flow of traffic or use of driveways or other facilities within the right-of-way, or (b) during
or following construction, cause a significant and adverse
effect upon the surrounding environment. [2001 c 201 § 5;
1980 c 28 § 1; 1975 1st ex.s. c 46 § 1; 1967 c 108 § 7; 1963 c
70 § 1; 1961 ex.s. c 21 § 26; 1961 c 13 § 47.44.010. Prior:
1943 c 265 § 2; 1937 c 53 § 83; Rem. Supp. 1943 § 6400-83.]
47.44.010
Urban public transportation system defined: RCW 47.04.082.
47.44.020 Grant of franchise—Conditions—Hearing. (1) If the department of transportation deems it to be for
the public interest, the franchise may be granted in whole or
in part, with or without hearing under such regulations and
conditions as the department may prescribe, with or without
compensation, but not in excess of the reasonable cost for
investigating, handling, and granting the franchise. The
department may require that the utility and appurtenances be
so placed on the highway that they will, in its opinion, least
interfere with other uses of the highway.
(2) If a hearing is held, it must be conducted by the
department, and may be adjourned from time to time until
completed. The applicant may be required to produce all facts
pertaining to the franchise, and evidence may be taken for
and against granting it.
(3) The facility must be made subject to removal when
necessary for the construction, alteration, repair, or improvement of the highway and at the expense of the franchise
holder, except that the state shall pay the cost of the removal
whenever the state is entitled to receive proportionate reimbursement therefor from the United States in the cases and in
47.44.020
(2008 Ed.)
47.44.030
the manner set forth in RCW 47.44.030. Renewal upon expiration of a franchise must be by application.
(4) A person constructing or operating such a utility on a
state highway is liable to any person injured thereby for any
damages incident to the work of installation or the continuation of the occupancy of the highway by the utility, and
except as provided above, is liable to the state for all necessary expenses incurred in restoring the highway to a permanent suitable condition for travel. A person constructing or
operating such a utility on a state highway is also liable to the
state for all necessary expenses incurred in inspecting the
construction and restoring the pavement or other related
transportation equipment or facilities to a permanent condition suitable for travel and operation in accordance with
requirements set by the department. Permit and franchise
holders are also financially responsible to the department for
trenching work not completed within the contractual period
and for compensating for the loss of useful pavement life
caused by trenching. No franchise may be granted for a
longer period than fifty years, and no exclusive franchise or
privilege may be granted.
(5) The holder of a franchise granted under this section is
financially responsible to the department for trenching work
not completed within the period of the permit and for compensating for the loss of useful pavement life caused by
trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the
franchisees. The assessed parties may thereafter pursue
claims of contribution or indemnity in accord with such fault
as may be determined by arbitration or other legal action.
[2001 c 201 § 6; 1980 c 28 § 2; 1975 1st ex.s. c 46 § 2; 1961
c 13 § 47.44.020. Prior: 1959 c 330 § 1; 1937 c 53 § 84; RRS
§ 6400-84.]
47.44.030
47.44.030 Removal of facilities—Notice—Reimbursement, when. If the department deems it necessary that
a facility be removed from the highway for the safety of persons traveling thereon or for construction, alteration,
improvement, or maintenance purposes, it shall give notice to
the franchise holder to remove the facility at his or her
expense and as the department orders. However, notwithstanding any contrary provision of law or of any existing or
future franchise held by a public utility, the department shall
pay or reimburse the owner for relocation or removal of any
publicly, privately, or cooperatively owned public utility
facilities when necessitated by the construction, reconstruction, relocation, or improvement of a highway that is part of
the national system of interstate and defense highways for
each item of cost for which the state is entitled to be reimbursed by the United States in an amount equal to at least
ninety percent thereof under the provisions of section 123 of
the federal aid highway act of 1958 and any other subsequent
act of congress under which the state is entitled to be reimbursed by the United States in an amount equal to at least
ninety percent of the cost of relocation of utility facilities on
the national system of interstate and defense highways.
[1984 c 7 § 234; 1961 c 13 § 47.44.030. Prior: 1959 c 330 §
2; 1937 c 53 § 85; RRS § 6400-85.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 151]
47.44.031
Title 47 RCW: Public Highways and Transportation
47.44.031 Removal of facilities—Limitation. The
provisions of RCW 47.44.030 authorizing the department to
pay or reimburse the owner of a utility apply only to relocation or removal of utility facilities required by state construction contracts which are advertised for bids by the department
after June 30, 1959. [1984 c 7 § 235; 1961 c 13 § 47.44.031.
Prior: 1959 c 330 § 3.]
47.44.031
Severability—1984 c 7: See note following RCW 47.01.141.
47.44.040 Franchises across joint bridges. Whenever
any bridge exists on the route of any state highway and
crosses any stream, body of water, gulch, navigable water,
swamp, or other topographical formation constituting the
boundary of this state or the boundary of a county, city, or
town of this state and the bridge is owned or operated by this
state jointly with any such county, city, or town, or with any
municipal corporation of this state, or with such other state or
with any county, city, or town of such other state, the department is empowered to join with the proper officials of the
county, city, or town, or the municipal corporation of this
state or of such other state or of such county, city, or town of
such other state in granting franchises to persons or private or
municipal corporations for the construction and maintenance
on the bridge of water pipes, flumes, gas pipes, telephone,
telegraph, and electric light and power lines and conduits,
trams and railways, and any structures or facilities that are
part of an urban public transportation system owned or operated by a municipal corporation, agency, or department of the
state of Washington other than the department, or any other
such facilities. All such franchises shall be granted in the
same manner as provided for the granting of like franchises
on state highways. Any revenue accruing to the state of
Washington from the franchises shall be paid to the state treasurer and deposited to the credit of the fund from which this
state’s share of the cost of joint operation of the bridge is
paid. [1984 c 7 § 236; 1967 c 108 § 8; 1961 c 13 § 47.44.040.
Prior: 1937 c 53 § 86; RRS § 6400-86.]
47.44.040
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.44.050 Permit for short distances. (1) The department may grant a permit to construct or maintain on, over,
across, or along any state highway any water, gas, telephone,
telegraph, light, power, or other such facilities when they do
not extend along the state highway for a distance greater than
three hundred feet. The department may require such information as it deems necessary in the application for any such
permit, and may grant or withhold the permit within its discretion. Any permit granted may be canceled at any time, and
any facilities remaining upon the right-of-way of the state
highway after thirty days written notice of the cancellation
are an unlawful obstruction and may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is
financially responsible to the department for trenching work
not completed within the period of the permit and for compensating for the loss of useful pavement life caused by
trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the
permit holders. The assessed parties may thereafter pursue
47.44.050
[Title 47 RCW—page 152]
claims of contribution or indemnity in accord with such fault
as may be determined by arbitration or other legal action.
[2001 c 201 § 7; 1984 c 7 § 237; 1961 c 13 § 47.44.050. Prior:
1943 c 265 § 3; 1937 c 53 § 87; Rem. Supp. 1943 § 6400-87.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.44.060 Penalties. (1) Any person, firm, or corporation who constructs or maintains on, over, across, or along
any state highway any water pipe, flume, gas pipe, telegraph,
telephone, electric light, or power lines, or tram or railway, or
any other such facilities, without having first obtained and
having at all times in full force and effect a franchise or permit to do so in the manner provided by law is guilty of a misdemeanor. Each day of violation is a separate and distinct
offense.
(2) Any person, firm, or corporation who constructs or
maintains on, over, across, or along any state highway any
water pipe, flume, gas pipe, telegraph, telephone, electric
light or power lines, or tram or railway, or any other such
facilities, without having first obtained and having at all
times in full force and effect a franchise or permit to do so in
the manner provided by law is liable for a civil penalty of one
hundred dollars per calendar day beginning forty-five days
from the date notice is given and until application is made for
a franchise or permit or until the facility is removed as
required by notice. The state shall give notice by certified
mail that a franchise or permit is required or the facility must
be removed and shall include in the notice sufficient information to identify the portion of right-of-way in question. Notice
is effective upon delivery.
(3) If a person, firm or corporation does not apply for a
permit or franchise within forty-five days of notice given in
accordance with subsection (2) of this section or the state
determines that the facility constructed or maintained without
a permit or franchise would not be granted a permit or franchise, the state may order the facility to be removed within
such time period as the state may specify. If the facility is not
removed, the state, in addition to any other remedy, may
remove the facility at the expense of the owner. [1989 c 224
§ 1; 1961 c 13 § 47.44.060. Prior: 1943 c 265 § 1; 1937 c 53
§ 82; Rem. Supp. 1943 § 6400-82.]
47.44.060
47.44.070 Franchises to use toll facility property.
See RCW 47.56.256.
47.44.070
47.44.081 Exception—Leases for deployment of personal wireless service facilities. This chapter does not apply
to leases issued for the deployment of personal wireless service facilities as provided in RCW 47.04.045. [2003 c 244 §
3.]
47.44.081
47.44.150 Measure of damages. In any action for damages against the state of Washington, its agents, contractors,
or employees by reason of damages to a utility or other facility located on a state highway, the damages are limited to the
cost of repair of the utility or facility and are recoverable only
in those instances where the utility or facility is authorized to
be located on the state highway. However, the state is subject
to the penalties provided in RCW 19.122.070 (1) and (2) only
if the state has failed to give a notice meeting the require47.44.150
(2008 Ed.)
Public-Private Transportation Initiatives
ments of RCW 19.122.030 to utilities or facilities that are
authorized to be located on the state highway. [1989 c 196 §
1.]
Chapter 47.46
Chapter 47.46 RCW
PUBLIC-PRIVATE
TRANSPORTATION INITIATIVES
Sections
47.46.010
47.46.011
47.46.020
47.46.030
47.46.040
47.46.050
47.46.060
47.46.070
47.46.080
47.46.090
47.46.091
47.46.100
47.46.105
47.46.110
47.46.120
47.46.130
47.46.140
47.46.150
47.46.160
47.46.170
47.46.180
47.46.900
Finding.
Finding—Intent—2002 c 114.
Definition.
Demonstration projects—Selection—Public involvement.
Demonstration projects—Terms of agreements—Public participation.
Financial arrangements.
Deferral of taxes—Application—Repayment.
Use of state bonds on certain projects.
State toll facilities authorized for projects.
Citizen advisory committee—Tolls.
Tacoma Narrows bridge citizen advisory committee.
Tolls—Setting—Lien on.
Tolls—Collection.
Tolls—Term, use.
Toll increases in excess of fiscal growth factor.
Use of state bond proceeds.
Repayment of motor vehicle fund from toll charges.
Alteration not a new proposal.
Applicable rules and statutes.
Application of RCW 47.46.040 and 47.46.050.
Legislative oversight committee.
Effective date—1993 c 370.
47.46.010 Finding. The legislature finds and declares:
It is essential for the economic, social, and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient transportation system.
The ability of the state to provide an efficient transportation system will be enhanced by a public-private sector program providing for private entities to undertake all or a portion of the study, planning, design, development, financing,
acquisition, installation, construction or improvement, operation, and maintenance of transportation systems and facility
projects.
A public-private initiatives program will provide benefits to both the public and private sectors. Public-private initiatives provide a sound economic investment opportunity for
the private sector. Such initiatives will provide the state with
increased access to property development and project opportunities, financial and development expertise, and will supplement state transportation revenues, allowing the state to
use its limited resources for other needed projects.
The public-private initiatives program, to the fullest
extent possible, should encourage and promote business and
employment opportunities for Washington state citizens.
The public-private initiatives program shall be implemented in cooperation, consultation, and with the support of
the affected communities and local jurisdictions.
The secretary of transportation should be permitted and
encouraged to test the feasibility of building privately funded
transportation systems and facilities or segments thereof
through the use of innovative agreements with the private
sector. The secretary of transportation should be vested with
the authority to solicit, evaluate, negotiate, and administer
public-private agreements with the private sector relating to
47.46.010
(2008 Ed.)
47.46.011
the planning, construction, upgrading, or reconstruction of
transportation systems and facilities.
Agreements negotiated under a public-private initiatives
program will not bestow on private entities an immediate
right to construct and operate the proposed transportation
facilities. Rather, agreements will grant to private entities the
opportunity to design the proposed facilities, demonstrate
public support for proposed facilities, and complete the planning processes required in order to obtain a future decision by
the department of transportation and other state and local lead
agencies on whether the facilities should be permitted and
built.
Agreements negotiated under the public-private initiatives program should establish the conditions under which
the private developer may secure the approval necessary to
develop and operate the proposed transportation facilities;
create a framework to attract the private capital necessary to
finance their development; ensure that the transportation
facilities will be designed, constructed, and operated in
accordance with applicable local, regional, state, and federal
laws and the applicable standards and policies of the department of transportation; and require a demonstration that the
proposed transportation facility has the support of the
affected communities and local jurisdictions.
The legislature finds that the Puget Sound congestion
pricing project, selected under this chapter, raises major
transportation policy, economic, and equity concerns. These
relate to the integrity of the state’s high occupancy vehicle
program; the cost-effective movement of freight and goods;
the diversion of traffic to local streets and arterials; and possible financial hardship to commuters. The legislature further
finds that these potential economic and social impacts require
comprehensive legislative review prior to advancement of the
project and directs that the secretary not proceed with the
implementation of the project without prior approval of the
legislature.
The department of transportation should be encouraged
to take advantage of new opportunities provided by federal
legislation under section 1012 of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA). That section
establishes a new program authorizing federal participation
in construction or improvement or improvement of publicly
or privately owned toll roads, bridges, and tunnels, and
allows states to leverage available federal funds as a means
for attracting private sector capital. [1995 2nd sp.s. c 19 § 1;
1993 c 370 § 1.]
Effective date—1995 2nd sp.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 16, 1995]." [1995 2nd sp.s. c 19 § 5.]
47.46.011 Finding—Intent—2002 c 114. The legislature finds that greater flexibility to provide state financing for
projects developed under chapter 47.46 RCW will result in
better use of public resources, lower financing costs, and
potential savings to taxpayers. The legislature intends to:
Clarify the ability of the department of transportation to use
public and private financing for projects selected and developed under chapter 47.46 RCW; provide the department with
specific means of state financing where that financing is in
the public’s best interest; provide citizens living in the
47.46.011
[Title 47 RCW—page 153]
47.46.020
Title 47 RCW: Public Highways and Transportation
impacted areas a statutory mechanism to review proposed toll
rates and provide input before adoption of toll schedules by
the toll authority; and prevent unreasonable delay of critical
transportation projects that are essential for public safety and
welfare. [2002 c 114 § 1.]
Captions not law—2002 c 114: "Captions used in this act do not constitute any part of the law." [2002 c 114 § 26.]
47.46.020 Definition. As used in this chapter, "transportation systems and facilities" means capital-related
improvements and additions to the state’s transportation
infrastructure, including but not limited to highways, roads,
bridges, vehicles, and equipment, marine-related facilities,
vehicles, and equipment, park and ride lots, transit stations
and equipment, transportation management systems, and
other transportation-related investments. [1993 c 370 § 2.]
47.46.020
47.46.030 Demonstration projects—Selection—Public involvement. (1) The secretary or a designee shall solicit
proposals from, and negotiate and enter into agreements with,
private entities to undertake as appropriate, together with the
department and other public entities, all or a portion of the
study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole
or in part public or private sources of financing.
The public-private initiatives program may develop up
to six demonstration projects. Each proposal shall be
weighed on its own merits, and each of the six agreements
shall be negotiated individually, and as a stand-alone project.
(2) If project proposals selected prior to September 1,
1994, are terminated by the public or private sectors, the
department shall not select any new projects, including
project proposals submitted to the department prior to September 1, 1994, and designated by the transportation commission as placeholder projects, after June 16, 1995, until
June 30, 1997.
The department, in consultation with the legislative
transportation committee, shall conduct a program and fiscal
audit of the public-private initiatives program for the biennium ending June 30, 1997. The department shall submit a
progress report to the legislative transportation committee on
the program and fiscal audit by June 30, 1996, with preliminary and final audit reports due December 1, 1996, and June
30, 1997, respectively.
The department shall develop and submit a proposed
public involvement plan to the 1997 legislature to identify the
process for selecting new potential projects and the associated costs of implementing the plan. The legislature must
adopt the public involvement plan before the department may
proceed with any activity related to project identification and
selection. Following legislative adoption of the public
involvement plan, the department is authorized to implement
the plan and to identify potential new projects.
The public involvement plan for projects selected after
June 30, 1997, shall, at a minimum, identify projects that: (a)
Have the potential of achieving overall public support among
users of the projects, residents of communities in the vicinity
of the projects, and residents of communities impacted by the
projects; (b) meet a state transportation need; (c) provide a
significant state benefit; and (d) provide competition among
proposers and maximum cost benefits to users. Prospective
47.46.030
[Title 47 RCW—page 154]
projects may include projects identified by the department or
submitted by the private sector.
Projects that meet the minimum criteria established
under this section and the requirements of the public involvement plan developed by the department and approved by the
legislature shall be submitted to the Washington state transportation commission for its review. Forty-five days after the
submission to the commission of the list of eligible projects,
the secretary is authorized to solicit proposals for the eligible
project.
(3) Prior to entering into agreements with private entities
under the requirements of RCW 47.46.040 for any project
proposal selected before September 1, 1994, or after June 30,
1997, except as provided for in subsections (11) and (12) of
this section, the department shall require an advisory vote as
provided under subsections (5) through (9) of this section.
(4) The advisory vote shall apply to project proposals
selected prior to September 1, 1994, or after June 30, 1997,
that receive public opposition as demonstrated by the submission to the department of original petitions bearing at least
five thousand signatures of individuals opposing the project
collected and submitted in accordance with the dates established in subsections (11) and (12) of this section. The advisory vote shall be on the preferred alternative identified under
the requirements of chapter 43.21C RCW and, if applicable,
the national environmental policy act, 42 U.S.C. 4321 et seq.
The execution by the department of the advisory vote process
established in this section is subject to the prior appropriation
of funds by the legislature for the purpose of conducting environmental impact studies, a public involvement program,
local involvement committee activities, traffic and economic
impact analyses, engineering and technical studies, and the
advisory vote.
(5) In preparing for the advisory vote, the department
shall conduct a comprehensive analysis of traffic patterns and
economic impact to define the geographical boundary of the
project area that is affected by the imposition of tolls or user
fees authorized under this chapter. The area so defined is
referred to in this section as the affected project area. In
defining the affected project area, the department shall, at a
minimum, undertake: (a) A comparison of the estimated percentage of residents of communities in the vicinity of the
project and in other communities impacted by the project
who could be subject to tolls or user fees and the estimated
percentage of other users and transient traffic that could be
subject to tolls or user fees; (b) an analysis of the anticipated
traffic diversion patterns; (c) an analysis of the potential economic impact resulting from proposed toll rates or user fee
rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by
the project; (d) an analysis of the economic impact of tolls or
user fees on the price of goods and services generally; and (e)
an analysis of the relationship of the project to state transportation needs and benefits.
(6)(a) After determining the definition of the affected
project area, the department shall establish a committee comprised of individuals who represent cities and counties in the
affected project area; organizations formed to support or
oppose the project; and users of the project. The committee
shall be named the public-private local involvement committee, and be known as the local involvement committee.
(2008 Ed.)
Public-Private Transportation Initiatives
(b) The members of the local involvement committee
shall be: (i) An elected official from each city within the
affected project area; (ii) an elected official from each county
within the affected project area; (iii) two persons from each
county within the affected project area who represent an
organization formed in support of the project, if the organization exists; (iv) two persons from each county within the
affected project area who represent an organization formed to
oppose the project, if the organization exists; and (v) four
public members active in a statewide transportation organization. If the committee makeup results in an even number of
committee members, there shall be an additional appointment
of an elected official from the county in which all, or the
greatest portion of the project is located.
(c) City and county elected officials shall be appointed
by a majority of the members of the city or county legislative
authorities of each city or county within the affected project
area, respectively. The county legislative authority of each
county within the affected project area shall identify and validate organizations officially formed in support of or in opposition to the project and shall make the appointments required
under this section from a list submitted by the chair of the
organizations. Public members shall be appointed by the
governor. All appointments to the local involvement committee shall be made and submitted to the department of
transportation no later than January 1, 1996, for projects
selected prior to September 1, 1994, and no later than thirty
days after the affected project area is defined for projects
selected after June 30, 1997. Vacancies in the membership of
the local involvement committee shall be filled by the
appointing authority under (b)(i) through (v) of this subsection for each position on the committee.
(d) The local involvement committee shall serve in an
advisory capacity to the department on all matters related to
the execution of the advisory vote.
(e) Members of the local involvement committee serve
without compensation and may not receive subsistence, lodging expenses, or travel expenses.
(7) The department shall conduct a minimum thirty-day
public comment period on the definition of the geographical
boundary of the project area. The department, in consultation
with the local involvement committee, shall make adjustments, if required, to the definition of the geographical
boundary of the affected project area, based on comments
received from the public. Within fourteen calendar days after
the public comment period, the department shall set the
boundaries of the affected project area in units no smaller
than a precinct as defined in RCW 29A.04.121.
(8) The department, in consultation with the local
involvement committee, shall develop a description for
selected project proposals. After developing the description
of the project proposal, the department shall publish the
project proposal description in newspapers of general circulation for seven calendar days in the affected project area.
Within fourteen calendar days after the last day of the publication of the project proposal description, the department
shall transmit a copy of the map depicting the affected project
area and the description of the project proposal to the county
auditor of the county in which any portion of the affected
project area is located.
(2008 Ed.)
47.46.040
(9) Upon receipt of the map and the description of the
project proposal, the county auditor shall, within thirty days,
verify the precincts that are located within the affected
project area. The county auditor shall prepare the text identifying and describing the affected project area and the project
proposal using the definition of the geographical boundary of
the affected project area and the project description submitted
by the department and shall set an election date for the submission of a ballot proposition authorizing the imposition of
tolls or user fees to implement the proposed project within the
affected project area, which date may be the next succeeding
general election to be held in the state, or at a special election,
if requested by the department. The text of the project proposal must appear in a voter’s pamphlet for the affected
project area. The department shall pay the costs of publication and distribution. The special election date must be the
next date for a special election provided under RCW
29A.04.330 that is at least sixty days but, if authorized under
RCW 29A.04.330, no more than ninety days after the receipt
of the final map and project description by the auditor. The
department shall pay the cost of an election held under this
section.
(10) Notwithstanding any other provision of law, the
department may contract with a private developer of a
selected project proposal to conduct environmental impact
studies, a public involvement program, and engineering and
technical studies funded by the legislature. For projects subject to this subsection, the department shall not enter into an
agreement under RCW 47.46.040 prior to the advisory vote
on the preferred alternative.
(11) Subsections (5) through (9) of this section shall not
apply to project proposals selected prior to September 1,
1994, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals
opposing the project, collected and submitted after September 1, 1994, and by thirty calendar days after June 16, 1995.
(12) Subsections (5) through (9) of this section shall not
apply to project proposals selected after June 30, 1997, that
have no organized public opposition as demonstrated by the
submission to the department of original petitions bearing at
least five thousand signatures of individuals opposing the
project, collected and submitted by ninety calendar days after
project selection. [2005 c 319 § 132; 2002 c 114 § 3; 1996 c
280 § 1; 1995 2nd sp.s. c 19 § 2; 1993 c 370 § 3.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1996 c 280: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 29, 1996]." [1996 c 280 § 2.]
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.040 Demonstration projects—Terms of agreements—Public participation. (1) The secretary or a designee shall consult with legal, financial, and other experts
within and outside state government in the negotiation and
development of the agreements.
47.46.040
[Title 47 RCW—page 155]
47.46.040
Title 47 RCW: Public Highways and Transportation
(2) Agreements may provide for private ownership of the
projects during the construction period. After completion
and final acceptance of each project or discrete segment
thereof, the agreement may provide for state ownership of the
transportation systems and facilities and lease to the private
entity unless the state elects to provide for ownership of the
facility by the private entity during the term of the agreement.
The state may lease each of the demonstration projects,
or applicable project segments, to the private entities for
operating purposes for up to fifty years.
(3) The department may exercise any power possessed
by it to facilitate the development, construction, financing
operation, and maintenance of transportation projects under
this section. Agreements for maintenance services entered
into under this section shall provide for full reimbursement
for services rendered by the department or other state agencies. Agreements for police services for projects, involving
state highway routes, developed under agreements shall be
entered into with the Washington state patrol. The agreement
for police services shall provide that the state patrol will be
reimbursed for costs on a comparable basis with the costs
incurred for comparable service on other state highway
routes. The department may provide services for which it is
reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of
the demonstration projects.
(4) The plans and specifications for each project constructed under this section shall comply with the department’s standards for state projects. A facility constructed by
and leased to a private entity is deemed to be a part of the
state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes
of applicable sections of this title. Upon reversion of the
facility to the state, the project must meet all applicable state
standards. Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the
facility to the state.
(5) For the purpose of facilitating these projects and to
assist the private entity in the financing, development, construction, and operation of the transportation systems and
facilities, the agreements may include provisions for the
department to exercise its authority, including the lease of
facilities, rights-of-way, and airspace, exercise of the power
of eminent domain, granting of development rights and
opportunities, granting of necessary easements and rights of
access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of
either of the parties, granting of contractual and real property
rights, liability during construction and the term of the lease,
authority to negotiate acquisition of rights-of-way in excess
of appraised value, and any other provision deemed necessary by the secretary.
(6) The agreements entered into under this section may
include provisions authorizing the state to grant necessary
easements and lease to a private entity existing rights-of-way
or rights-of-way subsequently acquired with public or private
financing. The agreements may also include provisions to
lease to the entity airspace above or below the right-of-way
associated or to be associated with the private entity’s transportation facility. In consideration for the reversion rights in
[Title 47 RCW—page 156]
these privately constructed facilities, the department may
negotiate a charge for the lease of airspace rights during the
term of the agreement for a period not to exceed fifty years.
If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall
do so only at fair market value. The agreement may also provide the private entity the right of first refusal to undertake
projects utilizing airspace owned by the state in the vicinity
of the public-private project.
(7) Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan,
design, finance, acquire, build, install, operate, enforce laws,
and maintain toll highways, bridges, and tunnels and which
will not unreasonably inhibit or prohibit the development of
additional public transportation systems and facilities.
Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect
the project’s viability and may address state indemnification
of the private entity for design and construction liability
where the state has approved relevant design and construction plans.
(8) Agreements entered into under this section shall
include a process that provides for public involvement in
decision making with respect to the development of the
projects.
(9)(a) In carrying out the public involvement process
required in subsection (8) of this section, the private entity
shall proactively seek public participation through a process
appropriate to the characteristics of the project that assesses
and demonstrates public support among: Users of the
project, residents of communities in the vicinity of the
project, and residents of communities impacted by the
project.
(b) The private entity shall conduct a comprehensive
public involvement process that provides, periodically
throughout the development and implementation of the
project, users and residents of communities in the affected
project area an opportunity to comment upon key issues
regarding the project including, but not limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental
assessment; (iv) right-of-way and access plans; (v) traffic
impacts; (vi) tolling or user fee strategies and tolling or user
fee ranges; (vii) project cost; (viii) construction impacts; (ix)
facility operation; and (x) any other salient characteristics.
(c) If the affected project area has not been defined, the
private entity shall define the affected project area by conducting, at a minimum: (i) A comparison of the estimated
percentage of residents of communities in the vicinity of the
project and in other communities impacted by the project
who could be subject to tolls or user fees and the estimated
percentage of other users and transient traffic that could be
subject to tolls or user fees; (ii) an analysis of the anticipated
traffic diversion patterns; (iii) an analysis of the potential
economic impact resulting from proposed toll rates or user
fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and
impacted by the project; (iv) an analysis of the economic
impact of tolls or user fees on the price of goods and services
generally; and (v) an analysis of the relationship of the
project to state transportation needs and benefits.
(2008 Ed.)
Public-Private Transportation Initiatives
The agreement may require an advisory vote by users of
and residents in the affected project area.
(d) In seeking public participation, the private entity
shall establish a local involvement committee or committees
comprised of residents of the affected project area, individuals who represent cities and counties in the affected project
area, organizations formed to support or oppose the project, if
such organizations exist, and users of the project. The private
entity shall, at a minimum, establish a committee as required
under the specifications of RCW 47.46.030(6)(b) (ii) and (iii)
and appointments to such committee shall be made no later
than thirty days after the project area is defined.
(e) Local involvement committees shall act in an advisory capacity to the department and the private entity on all
issues related to the development and implementation of the
public involvement process established under this section.
(f) The department and the private entity shall provide
the local involvement committees with progress reports on
the status of the public involvement process including the
results of an advisory vote, if any occurs.
(10) Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make
such recommendations as they deem to be in the best interests
of the state and the public. [2005 c 319 § 133; 2002 c 114 §
16; 2001 c 64 § 14; 1995 2nd sp.s. c 19 § 3; 1993 c 370 § 4.]
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.050 Financial arrangements. (1) The department may enter into agreements using federal, state, and local
financing in connection with the projects, including without
limitation, grants, loans, and other measures authorized by
section 1012 of ISTEA, and to do such things as necessary
and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this
section.
(2) Agreements entered into under this section may
authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or
tolls within the designated area to allow a reasonable rate of
return on investment, as established through a negotiated
agreement between the state and the private entity. The negotiated agreement shall determine a maximum development
fee and, where appropriate, a maximum rate of return on
investment, based on project and financing characteristics. If
the negotiated rate of return on investment or development
fee is not affected, the private entity may establish and modify toll rates and user fees.
(3) Agreements that include a maximum rate of return
may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive
rates of return shall be designed to provide financial benefits
to the affected public jurisdictions and the private entity,
given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of
return shall be negotiated in the agreement.
47.46.050
(2008 Ed.)
47.46.060
(4) Agreements shall require that over the term of the
ownership or lease the user fees or toll revenues be applied
only to payment of:
(a) The capital outlay costs for the project, including the
costs associated with planning, design, development, financing, construction, improvement, operations, toll collection,
maintenance, and administration of the project;
(b) The reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the
costs of project review and oversight, and technical and law
enforcement services;
(c) The establishment of a fund to assure the adequacy of
maintenance expenditures; and
(d) A reasonable return on investment to the private
entity. A negotiated agreement shall not extend the term of
the ownership or lease beyond the period of time required for
payment of the private entity’s capital outlay costs for the
project under this subsection. [2002 c 114 § 17; 1995 2nd
sp.s. c 19 § 4; 1993 c 370 § 5.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.060 Deferral of taxes—Application—Repayment. (1) Any person, including the department of transportation and any private entity or entities, may apply for deferral of taxes on the site preparation for, the construction of, the
acquisition of any related machinery and equipment which
will become a part of, and the rental of equipment for use in
the state route number 16 corridor improvements project
under this chapter. Application shall be made to the department of revenue in a form and manner prescribed by the
department of revenue. The application shall contain information regarding estimated or actual costs, time schedules for
completion and operation, and other information required by
the department of revenue. The department of revenue shall
approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and use
tax deferral certificate for state and local sales and use taxes
due under chapters 82.08, 82.12, and 82.14 RCW on the
project.
(3) The department of transportation or a private entity
granted a tax deferral under this section shall begin paying
the deferred taxes in the fifth year after the date certified by
the department of revenue as the date on which the project is
operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date,
with subsequent annual payments due on December 31st of
the following nine years. Each payment shall equal ten percent of the deferred tax. The project is operationally complete
under this section when the collection of tolls is commenced
for the state route number 16 improvements covered by the
deferral.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the department of
transportation or a private entity granted a deferral under this
section.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all other
47.46.060
[Title 47 RCW—page 157]
47.46.070
Title 47 RCW: Public Highways and Transportation
penalties and interest applicable to delinquent excise taxes
may be assessed and imposed for delinquent payments under
this section. The debt for deferred taxes is not extinguished
by insolvency or other failure of the private entity. Transfer
of ownership does not terminate the deferral.
(6) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section. [2002 c 114 §
18; 1998 c 179 § 4.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
transponder users, senior citizens, or students; (b) the tradeoff
of lower tolls versus the early retirement of debt; and (c) a
consideration of variable, or time of day pricing.
(3) No toll charge may be imposed or modified unless
the citizen advisory committee has been given at least twenty
days to review and comment on any proposed toll charge
schedule. In setting toll rates, the commission shall give consideration to any recommendations of the citizen advisory
committee. [2005 c 329 § 1; 2002 c 114 § 6.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Finding—1998 c 179: See note following RCW 35.21.718.
47.46.070 Use of state bonds on certain projects. (1)
To the extent that the legislature specifically appropriates
funding for a project developed under this chapter using the
proceeds of bonds issued by the state, an agreement for the
design or construction of the project entered into by the secretary must incorporate provisions that are consistent with the
use of the state financing provided by the appropriation.
(2) The secretary shall amend existing agreements or
execute new agreements to comply with subsection (1) of this
section.
(3) If the secretary is unable to reach agreement with
other parties on contractual provisions providing for state
financing, the secretary shall not enter into an agreement, or
shall take no action with respect to an agreement, or shall
exercise termination provisions, whichever option in the secretary’s determination will result in the lowest net cost to the
state. [2002 c 114 § 4.]
47.46.070
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.080 State toll facilities authorized for projects.
The department may provide for the establishment and construction of state toll bridge facilities upon any public highways of this state together with approaches to them under
agreements entered into under this chapter to develop such
facilities. A state toll bridge facility authorized under this section includes, but is not limited to, the construction of an
additional toll bridge, including approaches, adjacent to and
within two miles of an existing bridge, the imposition of tolls
on both bridges, and the operation of both bridges as one toll
facility. [2002 c 114 § 5.]
47.46.080
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.090 Citizen advisory committee—Tolls. (1) A
citizen advisory committee must be created for any project
developed under this chapter that imposes toll charges for use
of a transportation facility. The governor shall appoint nine
members to the committee, all of whom must be permanent
residents of the affected project area as defined for each
project. Members of the committee shall serve without compensation.
(2) The citizen advisory committee shall serve in an
advisory capacity to the commission on all matters related to
the imposition of tolls including, but not limited to, (a) the
feasibility of providing discounts to frequent users, electronic
47.46.090
[Title 47 RCW—page 158]
47.46.091 Tacoma Narrows bridge citizen advisory
committee. The Tacoma Narrows bridge citizen advisory
committee is hereby created as directed under RCW
47.46.090. The advisory committee members shall be
appointed proportionately, to the extent practicable, from
those areas from which the majority of the trips originate on
the bridge according to the latest traffic analysis by the
department. [2005 c 329 § 2.]
47.46.091
47.46.100 Tolls—Setting—Lien on. (1) The commission shall fix the rates of toll and other charges for all toll
bridges built under this chapter that are financed primarily by
bonds issued by the state. Subject to RCW 47.46.090, the
commission may impose and modify toll charges from time
to time as conditions warrant.
(2) In establishing toll charges, the commission shall
give due consideration to any required costs for operating and
maintaining the toll bridge or toll bridges, including the cost
of insurance, and to any amount required by law to meet the
redemption of bonds and interest payments on them.
(3) The toll charges must be imposed in amounts sufficient to:
(a) Provide annual revenue sufficient to provide for
annual operating and maintenance expenses, except as provided in RCW 47.56.245;
(b) Make payments required under RCW 47.56.165 and
47.46.140, including insurance costs and the payment of principal and interest on bonds issued for any particular toll
bridge or toll bridges; and
(c) Repay the motor vehicle fund under RCW 47.46.110,
47.56.165, and 47.46.140.
(4) The bond principal and interest payments, including
repayment of the motor vehicle fund for amounts transferred
from that fund to provide for such principal and interest payments, constitute a first direct and exclusive charge and lien
on all tolls and other revenues from the toll bridge concerned,
subject to operating and maintenance expenses. [2002 c 114
§ 7.]
47.46.100
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.105 Tolls—Collection. (1) Tolls may be collected by any system that identifies the correct toll and collects the payment. Systems may include manual cash collection, electronic toll collection, and photo monitoring systems.
(a) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the
account of the toll patron the appropriate toll or charge by
47.46.105
(2008 Ed.)
Public-Private Transportation Initiatives
electronic transmission from the motor vehicle to the toll collection system, which information is used to charge the
appropriate toll or charge to the patron’s account. The
department shall adopt rules that allow an open standard for
automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic
payment devices or transponders from the Washington state
ferry system, other public transportation systems, or other toll
collection systems to the extent that technology permits. The
rules must also allow for multiple vendors providing electronic payment devices or transponders as technology permits.
(b) "Photo monitoring system" means a vehicle sensor
installed to work in conjunction with an electronic toll collection system in a toll facility that automatically produces one
or more photographs, one or more microphotographs, a videotape, or other recorded images of each vehicle at the time it
is used or operated within a toll facility.
(c) No photograph, digital photograph, microphotograph, videotape, or other recorded image may be used for
any purpose other than toll enforcement, nor retained longer
than necessary to verify that tolls are paid, or to enforce toll
evasion violations.
(2) The department shall adopt rules to govern toll collection. [2004 c 230 § 2.]
47.46.110 Tolls—Term, use. (1) The commission shall
retain toll charges on any existing and future facilities constructed under this chapter and financed primarily by bonds
issued by the state until:
(a) All costs of investigation, financing, acquisition of
property, and construction advanced from the motor vehicle
fund have been fully repaid, except as provided in subsection
(2)(b) of this section;
(b) Obligations incurred in constructing that facility have
been fully paid; and
(c) The motor vehicle fund is fully repaid under RCW
47.46.140.
(2) This section does not:
(a) Prohibit the use of toll revenues to fund maintenance,
operations, or management of facilities constructed under
this chapter except as prohibited by RCW 47.56.245;
(b) Require repayment of funds specifically appropriated
as a nonreimbursable state financial contribution to a project.
(3) Notwithstanding the provisions of subsection (2)(a)
of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
(a) The facility must be operated as a toll-free facility;
and
(b) The operation, maintenance, upkeep, and repair of
the facility must be paid from funds appropriated for the use
of the department for the construction and maintenance of the
primary state highways of the state of Washington. [2002 c
114 § 8.]
47.46.110
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.120 Toll increases in excess of fiscal growth
factor. Pursuant to RCW 43.135.055, the legislature autho47.46.120
(2008 Ed.)
47.46.160
rizes the transportation commission to increase bridge tolls in
excess of the fiscal growth factor. [2002 c 114 § 9.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.130 Use of state bond proceeds. Proceeds of the
sale of bonds issued by the state for projects constructed
under this chapter must be deposited in the state treasury to
the credit of a special account designated for those purposes.
Those proceeds must be expended only for the purposes enumerated in this chapter, for payment of the expense incurred
in the issuance and sale of any such bonds, and to repay the
motor vehicle fund for any sums advanced to pay the cost of
surveys, location, design, development, right-of-way, and
other activities related to the financing and construction of
the bridge and its approaches. [2002 c 114 § 10.]
47.46.130
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.140 Repayment of motor vehicle fund from toll
charges. Toll charges must be used to repay the motor vehicle fund consistent with RCW 47.56.165 for any amounts
transferred from the motor vehicle fund to the highway bond
retirement fund under RCW 47.10.847 to provide for bond
retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project. Toll charges must
remain on any facility financed by bonds issued by the state
for a length of time necessary to repay the motor vehicle fund
for any amounts expended from that fund for the design,
development, right-of-way, financing, construction, maintenance, repair, or operation of the toll facility or for amounts
transferred from the motor vehicle fund to the highway bond
retirement fund under RCW 47.10.847 to provide for bond
retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project. Funds specifically
appropriated as a nonreimbursable state financial contribution to the project do not require repayment. [2002 c 114 §
12.]
47.46.140
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.150 Alteration not a new proposal. If a proposal
is or has been selected for the design, development, construction, maintenance, or operation of transportation systems or
facilities under this chapter, subsequent agreements may be
made to implement portions of the proposal that modify the
proposal or that do not incorporate all the features of the proposal. Any such modified agreement does not require the
solicitation or consideration of additional proposals for all or
any portion of the services rendered under that modified
agreement. Modified agreements may provide for the reimbursement of expenses and fees incurred under earlier agreements. [2002 c 114 § 13.]
47.46.150
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.160 Applicable rules and statutes. All projects
designed, constructed, and operated under this chapter must
comply with all applicable rules and statutes in existence at
the time the agreement is executed, including but not limited
47.46.160
[Title 47 RCW—page 159]
47.46.170
Title 47 RCW: Public Highways and Transportation
to the following provisions: Chapter 39.12 RCW, this title,
*RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and
49 C.F.R. Part 21. [2002 c 114 § 14.]
*Reviser’s note: RCW 41.06.380 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.170 Application of RCW 47.46.040 and
47.46.050. RCW 47.46.040 and 47.46.050 apply only to
those agreements that include private sources of financing in
whole or in part. [2002 c 114 § 15.]
47.46.170
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.180 Legislative oversight committee. A legislative oversight committee is established to monitor and report
on the progress, execution, and efficiency of design-build
contracts issued under this chapter. The legislative oversight
committee will be comprised of one legislator from each caucus of each chamber of the legislature. The leadership of each
caucus shall appoint one member from his or her respective
caucus to serve on the legislative oversight committee authorized by this section. [2002 c 114 § 25.]
47.46.180
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.900 Effective date—1993 c 370. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 370 § 7.]
47.46.900
Chapter 47.48
Chapter 47.48 RCW
CLOSING HIGHWAYS AND
RESTRICTING TRAFFIC
Sections
47.48.010
47.48.020
47.48.031
47.48.040
47.48.050
47.48.060
Closure or restriction authorized—Restriction for urban public
transportation system use.
Notice of closure or restriction—Emergency closure.
Emergency closures by state patrol.
Penalty.
Transportation of radioactive or hazardous cargo—Definition—Violation, penalty.
Registry of persons allowed access to property to conduct fire
prevention despite closures—Liability.
Closure of Camas slough: RCW 88.28.055.
47.48.010 Closure or restriction authorized—
Restriction for urban public transportation system use.
Whenever the condition of any state highway, county road, or
city street, either newly or previously constructed, altered,
repaired, or improved, or any part thereof is such that for any
reason its unrestricted use or continued use by vehicles or by
any class of vehicles will greatly damage that state highway,
county road, or city street, or will be dangerous to traffic, or
it is being constructed, altered, repaired, improved, or maintained in such a manner as to require that use of the state
highway, county road, or city street, or any portion thereof be
closed or restricted as to all vehicles or any class of vehicles
for any period of time, the secretary, if it is a state highway,
47.48.010
[Title 47 RCW—page 160]
the county legislative authority, if it is a county road, or the
governing body of any city or town, if it is a city street, is
authorized to close the state highway, county road, or city
street, as the case may be, to travel by all vehicles or by any
class of vehicles, or may declare a lower maximum speed for
any class of vehicles, for such a definite period as it shall
determine. Nothing in the law of this state prevents the secretary, county legislative authority, or governing body of any
city or town from classifying vehicles according to gross
weight, axle weight, height, width, length, braking area, performance, vehicle combinations, or tire equipment for the
purposes of this section, or from restricting the use of any
portion of any state highway, county road, or city street, as
the case may be, to its use by an urban public transportation
system. [1984 c 7 § 238; 1977 ex.s. c 216 § 1; 1967 c 108 §
9; 1961 c 13 § 47.48.010. Prior: 1937 c 53 § 65; RRS § 640065; prior: 1929 c 214 § 1; 1927 c 232 § 1; 1921 c 21 § 1; RRS
§ 6839.]
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions on public highways to prevent damage: RCW 46.44.080.
Urban public transportation system defined: RCW 47.04.082.
47.48.020 Notice of closure or restriction—Emergency closure. Before any state highway, county road, or
city street is closed to, or the maximum speed limit thereon
reduced for, all vehicles or any class of vehicles, a notice
thereof including the effective date shall be published in one
issue of a newspaper of general circulation in the county or
city or town in which such state highway, county road, or city
street or any portion thereof to be closed is located; and a like
notice shall be posted on or prior to the date of publication of
such notice in a conspicuous place at each end of the state
highway, county road, or city street or portion thereof to be
closed or restricted: PROVIDED, That no such state highway, county road, or city street or portion thereof may be
closed sooner than three days after the publication and the
posting of the notice herein provided for: PROVIDED,
HOWEVER, That in cases of emergency or conditions in
which the maximum time the closure will be in effect is
twelve hours or less the proper officers may, without publication or delay, close state highways, county roads, and city
streets temporarily by posting notices at each end of the
closed portion thereof and at all intersecting state highways if
the closing be of a portion of a state highway, at all intersecting state highways and county roads if the closing be a portion of a county road, and at all intersecting city streets if the
closing be of a city street. In all emergency cases or conditions in which the maximum time the closure will be in effect
is twelve hours or less, as herein provided, the orders of the
proper authorities shall be immediately effective. [1982 c
145 § 5; 1977 ex.s. c 216 § 2; 1961 c 13 § 47.48.020. Prior:
1937 c 53 § 66, part; RRS § 6400-66, part; prior: 1921 c 21
§ 2, part; RRS § 6840, part. Formerly RCW 47.48.020 and
47.48.030.]
47.48.020
47.48.031 Emergency closures by state patrol. (1)
Whenever the chief or another officer of the state patrol
determines on the basis of a traffic investigation that an emergency exists or less than safe road conditions exist due to
human-caused or natural disasters or extreme weather condi47.48.031
(2008 Ed.)
Highway Access Management
tions upon any state highway, or any part thereof, state patrol
officers may determine and declare closures and temporarily
reroute traffic from any such affected highway.
(2) Any alteration of vehicular traffic on any state highway due to closure in emergency conditions is effective until
such alteration has been approved or altered by the secretary
of transportation or other department of transportation
authorities in their local respective jurisdictions.
(3) All state highway closures by officers of the state
patrol shall be immediately reported to the secretary of transportation and to other authorities in their local jurisdictions.
[1981 c 197 § 1.]
47.48.040
47.48.040 Penalty. Except as provided under RCW
47.48.060, when any state highway, county road, or city
street or portion thereof shall have been closed, or when the
maximum speed limit thereon shall have been reduced, for all
vehicles or any class of vehicles, as by law provided, any person, firm, or corporation disregarding such closing or
reduced speed limit shall be guilty of a misdemeanor, and
shall in addition to any penalty for violation of the provisions
of this section, be liable in any civil action instituted in the
name of the state of Washington or the county or city or town
having jurisdiction for any damages occasioned to such state
highway, county road, or city street, as the case may be, as the
result of disregarding such closing or reduced speed limit.
[2007 c 252 § 3; 1977 ex.s. c 216 § 3; 1961 c 13 § 47.48.040.
Prior: 1937 c 53 § 67; RRS § 6400-67; prior: 1921 c 21 § 3;
RRS § 6841.]
47.48.050
47.48.050 Transportation of radioactive or hazardous cargo—Definition—Violation, penalty. The chief or
other officer of the Washington state patrol may prohibit the
transportation of placarded radioactive or hazardous cargo
over the highways of the state, or a portion thereof, if weather
or other conditions create a substantial risk to public safety.
For the purposes of this section hazardous cargo shall mean
hazardous materials as defined in RCW 70.136.020(1). Violation of an order issued under this section constitutes a misdemeanor. [1983 c 205 § 1.]
Regulations on notice of prohibition on radioactive or hazardous cargo:
RCW 47.01.270.
47.48.060
47.48.060 Registry of persons allowed access to property to conduct fire prevention despite closures—Liability. (1) Each county sheriff may, until a model policy pursuant to RCW 36.28A.140 is developed and implemented in the
sheriff’s county, establish and maintain a registry of persons
authorized to access their land during a forest [fire] or wildfire. Upon request, the sheriff must include in the registry
persons who demonstrate ownership of agriculture land or
forest land within the county and who possess equipment that
may be used for fire prevention or suppression activities.
Persons included in the registry must be allowed to access
their property to conduct fire prevention or suppression activities despite the closure of any state highway, county road, or
city street under this chapter.
(2)(a) Residents, landowners, and others in lawful possession and control of land in the state are not liable for unin(2008 Ed.)
47.50.010
tentional injuries or loss suffered by persons entering upon,
or passing through, their land pursuant to this section.
(b) Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating the access described in this section. [2007 c 252 § 2.]
Chapter 47.50
Chapter 47.50 RCW
HIGHWAY ACCESS MANAGEMENT
Sections
47.50.010
47.50.020
47.50.030
47.50.040
47.50.050
47.50.060
47.50.070
47.50.080
47.50.090
Findings—Access.
Definitions—Access.
Regulating connections.
Access permits.
Permit fee.
Permit review process.
Permit conditions.
Permit removal.
Access management standards.
47.50.010 Findings—Access. (1) The legislature finds
47.50.010
that:
(a) Regulation of access to the state highway system is
necessary in order to protect the public health, safety, and
welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement
of people and goods within the state;
(b) The development of an access management program,
in accordance with this chapter, which coordinates land use
planning decisions by local governments and investments in
the state highway system, will serve to control the proliferation of connections and other access approaches to and from
the state highway system. Without such a program, the
health, safety, and welfare of the residents of this state are at
risk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and
(c) The development of an access management program
in accordance with this chapter will enhance the development
of an effective transportation system and increase the trafficcarrying capacity of the state highway system and thereby
reduce the incidences of traffic accidents, personal injury,
and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth
management goals of the state; reduce highway maintenance
costs and the necessity for costly traffic operations measures;
lengthen the effective life of transportation facilities in the
state, thus preserving the public investment in such facilities;
and shorten response time for emergency vehicles.
(2) In furtherance of these findings, all state highways
are hereby declared to be controlled access facilities as
defined in RCW 47.50.020, except those highways that are
defined as limited access facilities in chapter 47.52 RCW.
(3) It is the policy of the legislature that:
(a) The access rights of an owner of property abutting the
state highway system are subordinate to the public’s right and
interest in a safe and efficient highway system; and
(b) Every owner of property which abuts a state highway
has a right to reasonable access to that highway, unless such
access has been acquired pursuant to chapter 47.52 RCW, but
may not have the right of a particular means of access. The
right of access to the state highway may be restricted if, pur[Title 47 RCW—page 161]
47.50.020
Title 47 RCW: Public Highways and Transportation
suant to local regulation, reasonable access can be provided
to another public road which abuts the property.
(4) The legislature declares that it is the purpose of this
chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section.
(5) Nothing in this chapter shall affect the right to full
compensation under section 16, Article I of the state Constitution. [1991 c 202 § 1.]
Captions not law—1991 c 202: "Section captions and part headings as
used in this act do not constitute any part of the law." [1991 c 202 § 22.]
Effective date—1991 c 202: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 202 § 24.]
Severability—1991 c 202: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 202 § 25.]
47.50.020 Definitions—Access. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Controlled access facility" means a transportation
facility to which access is regulated by the governmental
entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of
access to or from such facility at such points only and in such
manner as may be determined by the governmental entity.
(2) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or
from controlled access facilities on the state highway system.
(3) "Permitting authority" means the department for connections in unincorporated areas or a city or town within
incorporated areas which are authorized to regulate access to
state highways pursuant to chapter 47.24 RCW. [1991 c 202
§ 2.]
47.50.020
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.030 Regulating connections. (1) Vehicular
access and connections to or from the state highway system
shall be regulated by the permitting authority in accordance
with the provisions of this chapter in order to protect the public health, safety, and welfare.
(2) The department shall by July 1, 1992, adopt administrative procedures pursuant to chapter 34.05 RCW which
establish state highway access standards and rules for its issuance and modification of access permits, closing of unpermitted connections, revocation of permits, and waiver provisions
in accordance with this chapter. The department shall consult
with the association of Washington cities and obtain concurrence of the city design standards committee as established
by RCW 35.78.030 in the development and adoption of rules
for access standards for city streets designated as state highways under chapter 47.24 RCW.
(3) Cities and towns shall, no later than July 1, 1993,
adopt standards for access permitting on streets designated as
state highways which meet or exceed the department’s standards, provided that such standards may not be inconsistent
with standards adopted by the department. [1991 c 202 § 3.]
47.50.030
[Title 47 RCW—page 162]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.040 Access permits. (1) No connection to a state
highway shall be constructed or altered without obtaining an
access permit in accordance with this chapter in advance of
such action. A permitting authority has the authority to deny
access to the state highway system at the location specified in
the permit until the permittee constructs or alters the connection in accordance with the permit requirements.
(2) The cost of construction or alteration of a connection
shall be borne by the permittee, except for alterations which
are not required by law or administrative rule, but are made at
the request of and for the convenience of the permitting
authority. The permittee, however, shall bear the cost of alteration of any connection which is required by the permitting
authority due to increased or altered traffic flows generated
by changes in the permittee’s facilities or nature of business
conducted at the location specified in the permit.
(3) Except as otherwise provided in this chapter, an
unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install
barriers across or remove the connection. When the permitting authority determines that a connection is unpermitted
and subject to closure, it shall provide reasonable notice of its
impending action to the owner of property served by the connection. The permitting authority’s procedures for providing
notice and preventing the operation of unpermitted connections shall be adopted by rule. [1991 c 202 § 4.]
47.50.040
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.050 Permit fee. The department shall establish
by rule a schedule of fees for permit applications made to the
department. The fee shall be nonrefundable and shall be used
only to offset the costs of administering the access permit
review process and the costs associated with administering
the provisions of this chapter. [1991 c 202 § 5.]
47.50.050
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.060 Permit review process. The review process
for access permit applications made by the department shall
be as follows: Any person seeking an access permit shall file
an application with the department. The department by rule
shall establish application form and content requirements.
The fee required by RCW 47.50.050 must accompany the
applications. [1991 c 202 § 6.]
47.50.060
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.070 Permit conditions. The permitting authority
may issue a permit subject to any conditions necessary to
carry out the provisions of this chapter, including, but not
limited to, requiring the use of a joint-use connection. The
permitting authority may revoke a permit if the applicant fails
to comply with the conditions upon which the issuance of the
permit was predicated. [1991 c 202 § 7.]
47.50.070
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
(2008 Ed.)
Limited Access Facilities
47.50.080 Permit removal. (1) Unpermitted connections to the state highway system in existence on July 1,
1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless
the permitting authority determines that such a connection
does not meet minimum acceptable standards of highway
safety. However, a permitting authority may require that a
permit be obtained for such a connection if a significant
change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access. If
a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040.
(2) Access permits granted prior to adoption of the permitting authorities’ standards shall remain valid until modified or revoked. Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991,
shall be deemed to be permitted pursuant to chapter 202,
Laws of 1991. The permitting authority may, after written
notification, under rules adopted in accordance with RCW
47.50.030, modify or revoke an access permit granted prior to
adoption of the standards by requiring relocation, alteration,
or closure of the connection if a significant change occurs in
the use, design, or traffic flow of the connection.
(3) The permitting authority may issue a nonconforming
access permit after finding that to deny an access permit
would leave the property without a reasonable means of
access to the public roads of this state. Every nonconforming
access permit shall specify limits on the maximum vehicular
use of the connection and shall be conditioned on the availability of future alternative means of access for which access
permits can be obtained. [1991 c 202 § 8.]
47.50.080
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.090 Access management standards. (1) The
department shall develop, adopt, and maintain an access control classification system for all routes on the state highway
system, the purpose of which shall be to provide for the
implementation and continuing applications of the provision
of this chapter.
(2) The principal component of the access control classification system shall be access management standards, the
purpose of which shall be to provide specific minimum standards to be adhered to in the planning for and approval of
access to state highways.
(3) The control classification system shall be developed
consistent with the following:
(a) The department shall, no later than January 1, 1993,
adopt rules setting forth procedures governing the implementation of the access control classification system required by
this chapter. The rule shall provide for input from the entities
described in (b) of this subsection as well as for public meetings to discuss the access control classification system. Nothing in this chapter shall affect the validity of the department’s
existing or subsequently adopted rules concerning access to
the state highway system. Such rules shall remain in effect
until repealed or replaced by the rules required by this chapter.
(b) The access control classification system shall be
developed in cooperation with counties, cities and towns, the
department of community, trade, and economic development,
47.50.090
(2008 Ed.)
Chapter 47.52
regional transportation planning organizations, and other
local governmental entities, and for city streets designated as
state highways pursuant to chapter 47.24 RCW, adopted with
the concurrence of the city design standards committee.
(c) The rule required by this section shall provide that
assignment of a road segment to a specific access category be
made in consideration of the following criteria:
(i) Local land use plans and zoning, as set forth in comprehensive plans;
(ii) The current functional classification as well as potential future functional classification of each road on the state
highway system;
(iii) Existing and projected traffic volumes;
(iv) Existing and projected state, local, and metropolitan
planning organization transportation plans and needs;
(v) Drainage requirements;
(vi) The character of lands adjoining the highway;
(vii) The type and volume of traffic requiring access;
(viii) Other operational aspects of access;
(ix) The availability of reasonable access by way of
county roads and city streets to a state highway; and
(x) The cumulative effect of existing and projected connections on the state highway system’s ability to provide for
the safe and efficient movement of people and goods within
the state.
(d) Access management standards shall include, but not
be limited to, connection location standards, safety factors,
design and construction standards, desired levels of service,
traffic control devices, and effective maintenance of the
roads. The standards shall also contain minimum requirements for the spacing of connections, intersecting streets,
roads, and highways.
(e) An access control category shall be assigned to each
segment of the state highway system by July 1, 1993. [1995
c 399 § 124; 1991 c 202 § 9.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
Chapter 47.52
Chapter 47.52 RCW
LIMITED ACCESS FACILITIES
Sections
47.52.001
47.52.010
47.52.011
47.52.020
47.52.025
47.52.026
47.52.027
47.52.040
47.52.041
47.52.042
47.52.050
47.52.060
47.52.070
47.52.080
47.52.090
47.52.100
Declaration of policy.
"Limited access facility" defined.
"Existing highway" defined.
Powers of highway authorities—State facility, county road
crossings.
Additional powers—Controlling use of limited access facilities—High occupancy vehicle lanes.
Rules—Control of vehicles entering—Ramp closure, metering, or restrictions—Notice.
Standards and rules for interstate and defense highways—
Construction, maintenance, access.
Design—Entrance and exit restricted—Closure of intersecting
roads.
Closure of intersecting roads—Rights of abutters.
Closure of intersecting roads—Other provisions not affected.
Acquisition of property.
Court process expedited.
Establishment of facility—Grade separation—Service roads.
Abutter’s right of access protected—Compensation.
Cooperative agreements—Urban public transportation systems—Title to highway—Traffic regulations—Underground utilities and overcrossings—Passenger transportation—Storm sewers—City street crossings.
Existing roads and streets as service roads.
[Title 47 RCW—page 163]
47.52.001
47.52.105
47.52.110
47.52.120
47.52.121
47.52.131
47.52.133
47.52.134
47.52.135
47.52.137
47.52.139
47.52.145
47.52.150
47.52.160
47.52.170
47.52.180
47.52.190
47.52.195
47.52.200
47.52.210
47.52.220
Title 47 RCW: Public Highways and Transportation
Acquisition and construction to preserve limited access or
reduce required compensation.
Marking of facility with signs.
Violations specified—Exceptions—Penalty.
Prior determinations validated.
Consideration of local conditions—Report to local authorities—Conferences—Proposed plan.
Local public hearing—Notice.
When access reports and hearings not required.
Hearing procedure.
Adoption of plan—Service of findings and order—Publication
of resume—Finality—Review.
Local approval of plan—Disapproval, request for review.
Modification of adopted plan without further public hearings—Conditions.
State facility through city or town—Board of review, composition and appointment.
State facility through city or town—Hearing—Notice—Evidence—Determination of issues.
State facility through city or town—Hearing—Procedure.
State facility through city or town—Hearing—Findings of
board—Modification of proposed plan by stipulation.
State facility through city or town—Hearing—Assistants—
Costs—Reporter.
Review and appeal on petition of abutter.
Law enforcement jurisdiction within city or town.
Property title designation upon construction of limited access
highways.
Personal wireless service facilities—Approach permit—
Report.
Description, plans of highways, filing: RCW 47.28.025, 47.28.026.
Port districts, toll facilities: Chapter 53.34 RCW.
Speed limits on limited access facilities: RCW 46.61.430.
47.52.001 Declaration of policy. (1) Unrestricted
access to and from public highways has resulted in congestion and peril for the traveler. It has caused undue slowing of
all traffic in many areas. The investment of the public in
highway facilities has been impaired and highway facilities
costing vast sums of money will have to be relocated and
reconstructed.
(2) Personal wireless service is a critical part of the
state’s infrastructure. The rapid deployment of personal
wireless service facilities is critical to ensure public safety,
network access, quality of service, and rural economic development.
(3) It is, therefore, the declared policy of this state to
limit access to the highway facilities of this state in the interest of highway safety and for the preservation of the investment of the public in such facilities, and to assure that the use
of rights-of-way of limited access facilities accommodate the
deployment of personal wireless service facilities consistent
with these interests. [2004 c 131 § 1; 1961 c 13 § 47.52.001.
Prior: 1951 c 167 § 1.]
47.52.001
47.52.010 "Limited access facility" defined. For the
purposes of this chapter, a "limited access facility" is defined
as a highway or street especially designed or designated for
through traffic, and over, from, or to which owners or occupants of abutting land, or other persons, have no right or easement, or only a limited right or easement of access, light, air,
or view by reason of the fact that their property abuts upon
such limited access facility, or for any other reason to accomplish the purpose of a limited access facility. Such highways
or streets may be parkways, from which vehicles forming
part of an urban public transportation system, trucks, buses,
or other commercial vehicles may be excluded; or they may
be freeways open to use by all customary forms of street and
highway traffic, including vehicles forming a part of an urban
47.52.010
[Title 47 RCW—page 164]
public transportation system. [1967 c 108 § 10; 1961 c 13 §
47.52.010. Prior: 1951 c 167 § 2; 1947 c 202 § 1; Rem. Supp.
1947 § 6402-60.]
Urban public transportation system defined: RCW 47.04.082.
47.52.011 "Existing highway" defined. For the purposes of this chapter, the term "existing highway" shall
include all highways, roads and streets duly established, constructed, and in use. It shall not include new highways, roads
or streets, or relocated highways, roads or streets, or portions
of existing highways, roads or streets which are relocated.
[1961 c 13 § 47.52.011. Prior: 1951 c 167 § 3.]
47.52.011
47.52.020 Powers of highway authorities—State
facility, county road crossings. The highway authorities of
the state, counties, and incorporated cities and towns, acting
alone or in cooperation with each other, or with any federal,
state, or local agency, or any other state having authority to
participate in the construction and maintenance of highways,
may plan, designate, establish, regulate, vacate, alter,
improve, construct, maintain, and provide limited access
facilities for public use wherever the authority or authorities
are of the opinion that traffic conditions, present or future,
will justify the special facilities. However, upon county roads
within counties, the state or county authorities are subject to
the consent of the county legislative authority, except that
where a state limited access facility crosses a county road the
department may, without the consent of the county legislative
authority, close off the county road so that it will not intersect
such limited access facility.
The department may, in constructing or relocating any
state highway, cross any county road at grade without obtaining the consent of the county legislative authority, and in so
doing may revise the alignment of the county road to the
extent that the department finds necessary for reasons of traffic safety or practical engineering considerations. [1984 c 7
§ 239; 1961 c 13 § 47.52.020. Prior: 1957 c 235 § 2; prior:
1953 c 30 § 1; 1951 c 167 § 4; 1947 c 202 § 2, part; Rem.
Supp. 1947 § 6402-61, part.]
47.52.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.025 Additional powers—Controlling use of
limited access facilities—High occupancy vehicle lanes.
Highway authorities of the state, counties, and incorporated
cities and towns, in addition to the specific powers granted in
this chapter, shall also have, and may exercise, relative to
limited access facilities, any and all additional authority, now
or hereafter vested in them relative to highways or streets
within their respective jurisdictions, and may regulate,
restrict, or prohibit the use of such limited access facilities by
various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions
thereof, including designated lanes or ramps for the exclusive
or preferential use of public transportation vehicles, privately
owned buses, or private motor vehicles carrying not less than
a specified number of passengers when such limitation will
increase the efficient utilization of the highway facility or
will aid in the conservation of energy resources. Regulations
authorizing such exclusive or preferential use of a highway
facility may be declared to be effective at all time or at spec47.52.025
(2008 Ed.)
Limited Access Facilities
ified times of day or on specified days. [1974 ex.s. c 133 § 1;
1961 c 13 § 47.52.025. Prior: 1957 c 235 § 3; prior: 1951 c
167 § 5; 1947 c 202 § 2, part; Rem. Supp. 1947 § 6402-61,
part.]
High occupancy vehicle lanes: RCW 46.61.165.
47.52.026 Rules—Control of vehicles entering—
Ramp closure, metering, or restrictions—Notice. (1) The
department may adopt rules for the control of vehicles entering any state limited access highway as it deems necessary (a)
for the efficient or safe flow of traffic traveling upon any part
of the highway or connections with it or (b) to avoid exceeding federal, state, or regional air pollution standards either
along the highway corridor or within an urban area served by
the highway.
(2) Rules adopted by the department pursuant to subsection (1) of this section may provide for the closure of highway ramps or the metering of vehicles entering highway
ramps or the restriction of certain classes of vehicles entering
highway ramps (including vehicles with less than a specified
number of passengers), and any such restrictions may vary at
different times as necessary to achieve the purposes mentioned in subsection (1) of this section.
(3) Vehicle restrictions authorized by rules adopted pursuant to this section are effective when proper notice is given
by any police officer, or by appropriate signals, signs, or
other traffic control devices. [1984 c 7 § 240; 1974 ex.s. c
133 § 3.]
47.52.026
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.027 Standards and rules for interstate and
defense highways—Construction, maintenance, access.
The secretary of transportation may adopt design standards,
rules, and regulations relating to construction, maintenance,
and control of access of the national system of interstate and
defense highways within this state as it deems advisable to
properly control access thereto, to preserve the traffic-carrying capacity of such highways, and to provide the maximum
degree of safety to users thereof. In adopting such standards,
rules, and regulations the secretary shall take into account the
policies, rules, and regulations of the United States secretary
of commerce and the federal highway administration relating
to the construction, maintenance, and operation of the system
of interstate and defense highways. The standards, rules, and
regulations so adopted by the secretary shall constitute the
public policy of this state and shall have the force and effect
of law. [1977 ex.s. c 151 § 62; 1961 c 13 § 47.52.027. Prior:
1959 c 319 § 35. Formerly RCW 47.28.160.]
47.52.027
Nonmotorized traffic may be prohibited: RCW 46.61.160.
47.52.040 Design—Entrance and exit restricted—
Closure of intersecting roads. The highway authorities of
the state, counties and incorporated cities and towns may so
design any limited access facility and so regulate, restrict, or
prohibit access as to best serve the traffic for which such
facility is intended; and the determination of design by such
authority shall be conclusive and final. In this connection
such highway authorities may divide and separate any limited
access facility into separate roadways by the construction of
raised curbings, central dividing sections, or other physical
47.52.040
(2008 Ed.)
47.52.050
separations, or by designating such separate roadways by
signs, markers, stripes, and the proper lane for such traffic by
appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or
across limited access facilities to or from abutting lands,
except at designated points at which access may be permitted
by the highway authorities upon such terms and conditions as
may be specified from time to time: PROVIDED, That any
intersecting streets, roads or highways, not made a part of
such facility, shall be deemed closed at the right-of-way line
by the designation and construction of said facility and without the consent of any other party or the necessity of any
other legal proceeding for such closing, notwithstanding any
laws to the contrary. [1961 c 13 § 47.52.040. Prior: 1955 c
75 § 1; 1947 c 202 § 3; Rem. Supp. 1947 § 6402-62.]
47.52.041
47.52.041 Closure of intersecting roads—Rights of
abutters. No person, firm or corporation, private or municipal, shall have any claim against the state, city or county by
reason of the closing of such streets, roads or highways as
long as access still exists or is provided to such property abutting upon the closed streets, roads or highways. Circuity of
travel shall not be a compensable item of damage. [1961 c 13
§ 47.52.041. Prior: 1955 c 75 § 2.]
47.52.042
47.52.042 Closure of intersecting roads—Other provisions not affected. RCW 47.52.040 and 47.52.041 shall
not be construed to affect provisions for establishment,
notice, hearing and court review of any decision establishing
a limited access facility on an existing highway pursuant to
chapter 47.52 RCW. [1961 c 13 § 47.52.042. Prior: 1955 c
75 § 3.]
47.52.050
47.52.050 Acquisition of property. (1) For the purpose
of this chapter the highway authorities of the state, counties
and incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view and light, by
gift, devise, purchase, or condemnation, in the same manner
as such authorities are now or hereafter may be authorized by
law to acquire property or property rights in connection with
highways and streets within their respective jurisdictions.
Except as otherwise provided in subsection (2) of this section
all property rights acquired under the provisions of this chapter shall be in fee simple. In the acquisition of property or
property rights for any limited access facility or portion
thereof, or for any service road in connection therewith, the
state, county, incorporated city and town authority may, in its
discretion, acquire an entire lot, block or tract of land, if by so
doing the interest of the public will be best served, even
though said entire lot, block or tract is not immediately
needed for the limited access facility.
(2) The highway authorities of the state, counties, and
incorporated cities and towns may acquire by gift, devise,
purchase, or condemnation a three dimensional air space corridor in fee simple over or below the surface of the ground,
together with such other property in fee simple and other
property rights as are needed for the construction and opera[Title 47 RCW—page 165]
47.52.060
Title 47 RCW: Public Highways and Transportation
tion of a limited access highway facility, but only if the
acquiring authority finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with
the free flow of traffic; or
(b) permit occupancy or use of the air space above or
below the highway which is hazardous to the operation of the
highway. [1971 ex.s. c 39 § 1; 1961 c 13 § 47.52.050. Prior:
1947 c 202 § 4; Rem. Supp. 1947 § 6402-63.]
Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right-of-way donations: Chapter 47.14 RCW.
47.52.060
47.52.060 Court process expedited. Court proceedings necessary to acquire property or property rights for purposes of this chapter shall take precedence over all other
causes not involving the public interest in all courts to the end
that the provision for limited access facilities may be expedited. [1961 c 13 § 47.52.060. Prior: 1947 c 202 § 5; Rem.
Supp. 1947 § 6402-64.]
47.52.070
47.52.070 Establishment of facility—Grade separation—Service roads. The designation or establishment of a
limited access facility shall, by the authority making the designation or establishment, be entered upon the records or
minutes of such authority in the customary manner for the
keeping of such records or minutes. The state, counties and
incorporated cities and towns may provide for the elimination
of intersections at grade of limited access facilities with existing state or county roads, and with city or town streets, by
grade separation or service road, or by closing off such roads
and streets at the right-of-way boundary line of such limited
access facility; and after the establishment of any such facility, no highway or street which is not part of said facility,
shall intersect the same at grade. No city or town street,
county road, or state highway, or any other public or private
way, shall be opened into or connect with any such limited
access facility without the consent and previous approval of
the highway authority of the state, county, incorporated city
or town having jurisdiction over such limited access facility.
Such consent and approval shall be given only if the public
interest shall be served thereby. [1961 c 13 § 47.52.070.
Prior: 1951 c 167 § 10; 1947 c 202 § 6; Rem. Supp. 1947 §
6402-65.]
47.52.080
47.52.080 Abutter’s right of access protected—Compensation. No existing public highway, road, or street shall
be constructed as a limited access facility except upon the
waiver, purchase, or condemnation of the abutting owner’s
right of access thereto as herein provided. In cases involving
existing highways, if the abutting property is used for business at the time the notice is given as provided in RCW
47.52.133, the owner of such property shall be entitled to
compensation for the loss of adequate ingress to or egress
from such property as business property in its existing condition at the time of the notice provided in RCW 47.52.133 as
for the taking or damaging of property for public use. [1983
c 3 § 127; 1961 c 13 § 47.52.080. Prior: 1955 c 54 § 2; 1951
c 167 § 11; 1947 c 202 § 7; Rem. Supp. 1947 § 6402-66.]
[Title 47 RCW—page 166]
47.52.090 Cooperative agreements—Urban public
transportation systems—Title to highway—Traffic regulations—Underground utilities and overcrossings—Passenger transportation—Storm sewers—City street crossings. The highway authorities of the state, counties, incorporated cities and towns, and municipal corporations owning or
operating an urban public transportation system are authorized to enter into agreements with each other, or with the
federal government, respecting the financing, planning,
establishment, improvement, construction, maintenance, use,
regulation, or vacation of limited access facilities in their
respective jurisdictions to facilitate the purposes of this chapter. Any such agreement may provide for the exclusive or
nonexclusive use of a portion of the facility by streetcars,
trains, or other vehicles forming a part of an urban public
transportation system and for the erection, construction, and
maintenance of structures and facilities of such a system
including facilities for the receipt and discharge of passengers. Within incorporated cities and towns the title to every
state limited access highway vests in the state, and, notwithstanding any other provision of this section, the department
shall exercise full jurisdiction, responsibility, and control to
and over the highway from the time it is declared to be operational as a limited access facility by the department, subject
to the following provisions:
(1) Cities and towns shall regulate all traffic restrictions
on such facilities except as provided in RCW 46.61.430, and
all regulations adopted are subject to approval of the department before becoming effective. Nothing herein precludes
the state patrol or any county, city, or town from enforcing
any traffic regulations and restrictions prescribed by state
law, county resolution, or municipal ordinance.
(2) The city, town, or franchise holder shall at its own
expense maintain its underground facilities beneath the surface across the highway and has the right to construct additional facilities underground or beneath the surface of the
facility or necessary overcrossings of power lines and other
utilities as may be necessary insofar as the facilities do not
interfere with the use of the right-of-way for limited access
highway purposes. The city or town has the right to maintain
any municipal utility and the right to open the surface of the
highway. The construction, maintenance until permanent
repair is made, and permanent repair of these facilities shall
be done in a time and manner authorized by permit to be
issued by the department or its authorized representative,
except to meet emergency conditions for which no permit
will be required, but any damage occasioned thereby shall
promptly be repaired by the city or town itself, or at its direction. Where a city or town is required to relocate overhead
facilities within the corporate limits of a city or town as a
result of the construction of a limited access facility, the cost
of the relocation shall be paid by the state.
(3) Cities and towns have the right to grant utility franchises crossing the facility underground and beneath its surface insofar as the franchises are not inconsistent with the use
of the right-of-way for limited access facility purposes and
the franchises are not in conflict with state laws. The department is authorized to enforce, in an action brought in the
name of the state, any condition of any franchise that a city or
town has granted. No franchise for transportation of passengers in motor vehicles may be granted on such highways
47.52.090
(2008 Ed.)
Limited Access Facilities
without the approval of the department, except cities and
towns are not required to obtain a franchise for the operation
of municipal vehicles or vehicles operating under franchises
from the city or town operating within the corporate limits of
a city or town and within a radius not exceeding eight miles
outside the corporate limits for public transportation on such
facilities, but these vehicles may not stop on the limited
access portion of the facility to receive or to discharge passengers unless appropriate special lanes or deceleration, stopping, and acceleration space is provided for the vehicles.
Every franchise or permit granted any person by a city or
town for use of any portion of a limited access facility shall
require the grantee or permittee to restore, permanently
repair, and replace to its original condition any portion of the
highway damaged or injured by it. Except to meet emergency
conditions, the construction and permanent repair of any limited access facility by the grantee of a franchise shall be in a
time and manner authorized by a permit to be issued by the
department or its authorized representative.
(4) The department has the right to use all storm sewers
that are adequate and available for the additional quantity of
run-off proposed to be passed through such storm sewers.
(5) The construction and maintenance of city streets over
and under crossings and surface intersections of the limited
access facility shall be in accordance with the governing policy entered into between the department and the association
of Washington cities on June 21, 1956, or as such policy may
be amended by agreement between the department and the
association of Washington cities. [1984 c 7 § 241; 1977 ex.s.
c 78 § 8; 1967 c 108 § 11; 1961 c 13 § 47.52.090. Prior: 1957
c 235 § 4; 1947 c 202 § 8; Rem. Supp. 1947 § 6402-67.]
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.52.100 Existing roads and streets as service roads.
In connection with the development of any limited access
facility the state, county or incorporated city or town highway
authorities are authorized to plan, designate, establish, use,
regulate, alter, improve, construct, maintain and vacate local
service roads and streets, or to designate as local service
roads and streets any existing road or street, and to exercise
jurisdiction over service roads in the same manner as is
authorized for limited access facilities under the terms of this
chapter. If, in their opinion such local service roads and
streets are necessary or desirable, such local service roads or
streets shall be separated from the limited access facility by
such means or devices designated as necessary or desirable
by the proper authority. [1961 c 13 § 47.52.100. Prior: 1947
c 202 § 9; Rem. Supp. 1947 § 6402-68.]
47.52.100
47.52.105 Acquisition and construction to preserve
limited access or reduce required compensation. Whenever, in the opinion of the department, frontage or service
roads in connection with limited access facilities are not feasible either from an engineering or economic standpoint, the
department may acquire private or public property by purchase or condemnation and construct any road, street, or
highway connecting to or leading into any other road, street,
or highway, when by so doing, it will preserve a limited
access facility or reduce compensation required to be paid to
47.52.105
(2008 Ed.)
47.52.120
an owner by reason of reduction in or loss of access. The
department shall provide by agreement with a majority of the
legislative authority of the county or city concerned as to
location, future maintenance, and control of any road, street,
or highway to be so constructed. The road, street, or highway
need not be made a part of the state highway system or connected thereto, but may upon completion by the state be
turned over to the county or city for location, maintenance,
and control pursuant to the agreement as part of the system of
county roads or city streets. [1984 c 7 § 242; 1967 c 117 § 1;
1961 c 13 § 47.52.105. Prior: 1955 c 63 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.110 Marking of facility with signs. After the
opening of any new and additional limited access highway
facility, or after the designation and establishment of any
existing street or highway, as included the particular highways and streets or those portions thereof designated and
established, shall be physically marked and indicated as follows: By the erection and maintenance of such signs as in the
opinion of the respective authorities may be deemed proper,
indicating to drivers of vehicles that they are entering a limited access area and that they are leaving a limited access
area. [1961 c 13 § 47.52.110. Prior: 1947 c 202 § 10; Rem.
Supp. 1947 § 6402-69.]
47.52.110
47.52.120 Violations specified—Exceptions—Penalty. (1) After the opening of any limited access highway
facility, it shall be unlawful for any person to: (a) Drive a
vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access
facilities; (b) make a left turn or semicircular or U-turn except
through an opening provided for that purpose in the dividing
curb section, separation, or line; (c) drive any vehicle except
in the proper lane provided for that purpose and in the proper
direction and to the right of the central dividing curb, separation section, or line; (d) drive any vehicle into the limited
access facility from a local service road except through an
opening provided for that purpose in the dividing curb, dividing section, or dividing line which separates such service
road from the limited access facility proper; (e) stop or park
any vehicle or equipment within the right-of-way of such
facility, including the shoulders thereof, except at points specially provided therefor, and to make only such use of such
specially provided stopping or parking points as is permitted
by the designation thereof: PROVIDED, That this subsection
(1)(e) shall not apply to authorized emergency vehicles, law
enforcement vehicles, assistance vans, or to vehicles stopped
for emergency causes or equipment failures; (f) travel to or
from such facility at any point other than a point designated
by the establishing authority as an approach to the facility or
to use an approach to such facility for any use in excess of
that specified by the establishing authority.
(2) For the purposes of this section, an assistance van is
a vehicle rendering aid free of charge to vehicles with equipment or fuel problems. The state patrol shall establish by rule
additional standards and operating procedures, as needed, for
assistance vans.
(3) Any person who violates this section is guilty of a
misdemeanor and upon arrest and conviction therefor shall be
47.52.120
[Title 47 RCW—page 167]
47.52.121
Title 47 RCW: Public Highways and Transportation
punished by a fine of not less than five dollars nor more than
one hundred dollars, or by imprisonment in the city or county
jail for not less than five days nor more than ninety days, or
by both fine and imprisonment.
(4) Nothing contained in this section prevents the highway authority from proceeding to enforce the prohibitions or
limitations of access to such facilities by injunction or as otherwise provided by law. [2003 c 53 § 262; 1987 c 330 § 748;
1985 c 149 § 1; 1961 c 13 § 47.52.120. Prior: 1959 c 167 §
1; 1947 c 202 § 11; Rem. Supp. 1947 § 6402-70.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
47.52.121 Prior determinations validated. Any determinations of an authority establishing a limited access facility subsequent to March 19, 1947, and prior to March 16,
1951, in connection with new highways, roads or streets, or
relocated highways, roads or streets, or portions of existing
highways, roads or streets which are relocated, and all
acquirements of property or access rights in connection therewith are hereby validated, ratified, approved and confirmed,
notwithstanding any lack of power (other than constitutional)
of such authority, and notwithstanding any defects or irregularities (other than constitutional) in such proceedings. [1961
c 13 § 47.52.121. Prior: 1951 c 167 § 12.]
47.52.121
47.52.131 Consideration of local conditions—Report
to local authorities—Conferences—Proposed plan. When
the department is planning a limited access facility through a
county or an incorporated city or town, the department or its
staff, before any hearing, shall give careful consideration to
available data as to the county or city’s comprehensive plan,
land use pattern, present and potential traffic volume of
county roads and city streets crossing the proposed facility,
origin and destination traffic surveys, existing utilities, the
physical appearance the facility will present, and other pertinent surveys and, except as provided in RCW 47.52.134,
shall submit to the county and city officials for study a report
showing how these factors have been taken into account and
how the proposed plan for a limited access facility will serve
public convenience and necessity, together with the locations
and access and egress plans, and over and under crossings
that are under consideration. This report shall show the proposed approximate right-of-way limits and profile of the
facility with relation to the existing grade, and shall discuss in
a general manner plans for landscaping treatment, fencing,
and illumination, and shall include sketches of typical roadway sections for the roadway itself and any necessary structures such as viaducts or bridges, subways, or tunnels.
Conferences shall be held on the merits of this state
report and plans and any proposed modification or alternate
proposal of the county, city, or town in order to attempt to
reach an agreement between the department and the county or
city officials. As a result of the conference, the proposed
plan, together with any modifications, shall be prepared by
the department and presented to the county or city for inspection and study. [1987 c 200 § 1; 1984 c 7 § 243; 1965 ex.s. c
75 § 1.]
47.52.131
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 168]
47.52.133 Local public hearing—Notice. Except as
provided in RCW 47.52.134, the department and the highway
authorities of the counties and incorporated cities and towns,
with regard to facilities under their respective jurisdictions,
prior to the establishment of any limited access facility, shall
hold a public hearing within the county, city, or town wherein
the limited access facility is to be established to determine the
desirability of the plan proposed by such authority. Notice of
such hearing shall be given to the owners of property abutting
the section of any existing highway, road, or street being
established as a limited access facility, as indicated in the tax
rolls of the county, and in the case of a state limited access
facility, to the county and/or city or town. Such notice shall
be by United States mail in writing, setting forth a time for
the hearing, which time shall be not less than fifteen days
after mailing of such notice. Notice of such hearing also shall
be given by publication not less than fifteen days prior to
such hearing in one or more newspapers of general circulation within the county, city, or town. Such notice by publication shall be deemed sufficient as to any owner or reputed
owner or any unknown owner or owner who cannot be
located. Such notice shall indicate a suitable location where
plans for such proposal may be inspected. [2006 c 334 § 25;
1987 c 200 § 2; 1981 c 95 § 1; 1965 ex.s. c 75 § 2.]
47.52.133
Effective date—2006 c 334: See note following RCW 47.01.051.
47.52.134 When access reports and hearings not
required. Access reports and hearings on the establishment
of limited access facilities are not required if:
(1) The limited access facility would lie wholly within
state or federal lands and the agency or agencies with jurisdiction of the land agree to the access plan; or
(2) The access rights to the affected section of roadway
have previously been purchased or established by others; or
(3) The limited access facility would not significantly
change local road use, and all affected local agencies and
abutting property owners agree in writing to waive a formal
hearing on the establishment of the facility after publication
of a notice of opportunity for a limited access hearing. This
notice of opportunity for a limited access hearing shall be
given in the same manner as required for published notice of
hearings under RCW 47.52.133. If the authority specified in
the notice receives a request for a hearing from one or more
abutting property owners or affected local agencies on or
before the date stated in the notice, an access report shall be
submitted as provided in RCW 47.52.131 and a hearing shall
be held. Notice of the hearing shall be given by mail and publication as provided in RCW 47.52.133. [1987 c 200 § 3.]
47.52.134
47.52.135 Hearing procedure. At the hearing any representative of the county, city or town, or any other person
may appear and be heard even though such official or person
is not an abutting property owner. Such hearing may, at the
option of the highway authority, be conducted in accordance
with federal laws and regulations governing highway design
public hearings. The members of such authority shall preside,
or may designate some suitable person to preside as examiner. The authority shall introduce by competent evidence a
summary of the proposal for the establishment of a limited
access facility and any evidence that supports the adoption of
the plan as being in the public interest. At the conclusion of
47.52.135
(2008 Ed.)
Limited Access Facilities
such evidence, any person entitled to notice who has entered
a written appearance shall be deemed a party to this hearing
for purposes of this chapter and may thereafter introduce,
either in person or by counsel, evidence and statements or
counterproposals bearing upon the reasonableness of the proposal. Any such evidence and statements or counterproposals
shall receive reasonable consideration by the authority before
any proposal is adopted. Such evidence must be material to
the issue before the authority and shall be presented in an
orderly manner. [1982 c 189 § 5; 1981 c 67 § 29; 1977 c 77
§ 2; 1965 ex.s. c 75 § 3.]
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
47.52.160
adopted limited access plan to conform to the revised design
without further public hearings providing the following conditions are met:
(1) As compared with the previously adopted limited
access plan, the revised plan will not require additional or different right-of-way with respect to that section of highway
for which the design has been revised, in excess of five percent by area; and
(2) If the previously adopted limited access plan was
modified by a board of review convened at the request of a
county, city, or town, the legislative authority of the county,
city, or town shall approve any revisions of the plan which
conflict with modifications ordered by the board of review.
[2006 c 334 § 26; 1981 c 95 § 2; 1977 c 77 § 1.]
Effective date—2006 c 334: See note following RCW 47.01.051.
47.52.137 Adoption of plan—Service of findings and
order—Publication of resume—Finality—Review. Following the conclusion of such hearing the authority shall
adopt a plan with such modifications, if any, it deems proper
and necessary. Its findings and order shall be in writing and
copies thereof shall be served by United States mail upon all
persons having entered a written appearance at such hearing,
and in the case of a state limited access facility, the county
commissioners of the county affected and the mayor of the
city or town affected. The authority shall also cause a resume
of such plan to be published once each week for two weeks in
one or more newspapers of general circulation within such
county, city or town beginning not less than ten days after the
mailing of such findings and order. Such determination by
the authority shall become final within thirty days after such
mailing unless a review is taken as hereinafter provided. In
case of an appeal, the order shall be final as to all parties not
appealing. [1965 ex.s. c 75 § 4.]
47.52.137
47.52.139 Local approval of plan—Disapproval,
request for review. Upon receipt of the findings and order
adopting a plan, the county, city, or town may notify the
department of transportation of its approval of such plan in
writing, in which event such plan shall be final.
In the event that a county, city, or town does not approve
the plan, the county, city, or town shall file its disapproval in
writing with the secretary of transportation within thirty days
after the mailing thereof to such mayor or county commissioner. Along with the written disapproval shall be filed a
written request for a hearing before a board of review, hereinafter referred to as the board. The request for hearing shall
set forth the portions of the plan of the department to which
the county, city, or town objects, and shall include every
issue to be considered by the board. The hearing before a
board of review shall be governed by RCW 47.52.150
through 47.52.190, as now or hereafter amended. [1977 ex.s.
c 151 § 63; 1965 ex.s. c 75 § 5.]
47.52.139
47.52.145 Modification of adopted plan without further public hearings—Conditions. Whenever after the
final adoption of a plan for a limited access highway by the
department, an additional design public hearing with respect
to the facility or any portion thereof is conducted pursuant to
federal law resulting in a revision of the design of the limited
access plan, the department may modify the previously
47.52.150 State facility through city or town—Board
of review, composition and appointment. Upon request for
a hearing before the board by any county, city, or town, a
board consisting of five members shall be appointed as follows: The mayor or the county commissioners, as the case
may be shall appoint two members of the board, of which one
shall be a duly elected official of the city, county, or legislative district, except that of the legislative body of the county,
city, or town requesting the hearing, subject to confirmation
by the legislative body of the city or town; the secretary of
transportation shall appoint two members of the board; and
one member shall be selected by the four members thus
appointed. Such fifth member shall be a licensed civil engineer or a recognized professional city or town planner, who
shall be chairman of the board. In the case both the county
and an included city or town request a hearing, the board shall
consist of nine members appointed as follows: The mayor
and the county commission shall each appoint two members
from the elective officials of their respective jurisdictions,
and of the four thus selected no more than two thereof may be
members of a legislative body of the county, city, or town.
The secretary of transportation shall appoint four members of
the board. One member shall be selected by the members thus
selected, and such ninth member shall be a licensed civil
engineer or a recognized city or town planner, who shall be
chairman of the board. Such boards as are provided by this
section shall be appointed within thirty days after the receipt
of such a request by the secretary. In the event the secretary
or a county, city, or town shall not appoint members of the
board or members thus appointed fail to appoint a fifth or
ninth member of the board, as the case may be, either the secretary or the county, city, or town may apply to the superior
court of the county in which the county, city, or town is situated to appoint the member or members of the board in accordance with the provisions of this chapter. [1977 ex.s. c 151 §
64; 1963 c 103 § 3; 1961 c 13 § 47.52.150. Prior: 1959 c 242
§ 3; 1957 c 235 § 7.]
47.52.150
47.52.145
(2008 Ed.)
47.52.160 State facility through city or town—Hearing—Notice—Evidence—Determination of issues. The
board shall fix a reasonable time not more than thirty days
after the date of its appointment and shall indicate the time
and place for the hearing, and shall give notice to the county,
city, or town and to the department. At the time and place
47.52.160
[Title 47 RCW—page 169]
47.52.170
Title 47 RCW: Public Highways and Transportation
fixed for the hearing, the state and the county, city, or town
shall present all of their evidence with respect to the objections set forth in the request for the hearing before the board,
and if either the state, the county, or the city or town fails to
do so, the board may determine the issues upon such evidence as may be presented to it at the hearing. [1984 c 7 §
244; 1963 c 103 § 4; 1961 c 13 § 47.52.160. Prior: 1957 c
235 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.170 State facility through city or town—Hearing—Procedure. No witness’s testimony shall be received
unless he shall have been duly sworn, and the board may
cause all oral testimony to be stenographically reported.
Members of the board, its duly authorized representatives,
and all persons duly commissioned by it for the purpose of
taking depositions, shall have power to administer oaths; to
preserve and enforce order during such hearings; to issue subpoenas for, and to compel the attendance and testimony of
witnesses, or the production of books, papers, documents and
other evidence, or the taking of depositions before any designated individual competent to administer oaths, and it shall
be their duty so to do; to examine witnesses; and to do all
things conformable to law which may be necessary to enable
them, or any of them, effectively to discharge the duties of
their office. [1961 c 13 § 47.52.170. Prior: 1957 c 235 § 9.]
47.52.170
47.52.180 State facility through city or town—Hearing—Findings of board—Modification of proposed plan
by stipulation. At the conclusion of such hearing, the board
shall consider the evidence taken and shall make specific
findings with respect to the objections and issues within
thirty days after the hearing, which findings shall approve,
disapprove, or modify the proposed plan of the department of
transportation. Such findings shall be final and binding upon
both parties. Any modification of the proposed plan of the
department of transportation made by the board of review
may thereafter be modified by stipulation of the parties.
[1977 ex.s. c 151 § 65; 1977 c 77 § 3; 1961 c 13 § 47.52.180.
Prior: 1957 c 235 § 10.]
47.52.180
47.52.190 State facility through city or town—Hearing—Assistants—Costs—Reporter. The board shall
employ such assistance and clerical help as is necessary to
perform its duties. The costs thereby incurred and incident to
the conduct of the hearing, necessary expenses, and fees, if
any, of members of the board shall be borne equally by the
county, city, or town requesting the hearing and the department. When oral testimony is stenographically reported, the
department shall provide a reporter at its expense. [1984 c 7
§ 245; 1963 c 103 § 5; 1961 c 13 § 47.52.190. Prior: 1957 c
235 § 11.]
47.52.190
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.195 Review and appeal on petition of abutter.
An abutting property owner may petition for review in the
superior court of the state of Washington in the county where
the limited access facility is to be located. Such review and
any appeal therefrom shall be considered and determined by
said court upon the record of the authority in the manner,
47.52.195
[Title 47 RCW—page 170]
under the conditions and subject to the limitations and with
the effect specified in the Administrative Procedure Act,
chapter 34.05 RCW, as amended. [1965 ex.s. c 75 § 6.]
47.52.200
47.52.200 Law enforcement jurisdiction within city
or town. Whenever any limited access highway facility
passes within or through any incorporated city or town the
municipal police officers of such city or town, the sheriff of
the county wherein such city or town is situated and officers
of the Washington state patrol shall have independent and
concurrent jurisdiction to enforce any violation of the laws of
this state occurring thereon: PROVIDED, The Washington
state patrol shall bear primary responsibility for the enforcement of laws of this state relating to motor vehicles within
such limited access highway facilities. [1961 c 122 § 1.]
47.52.210
47.52.210 Property title designation upon construction of limited access highways. (1) Whenever the department adopts a plan for a limited access highway to be constructed within the corporate limits of a city or town which
incorporates existing city or town streets, title to such streets
shall remain in the city or town, and the provisions of RCW
47.24.020 as now or hereafter amended shall continue to
apply to such streets until such time that the highway is operated as either a partially or fully controlled access highway.
Title to and full control over that portion of the city or town
street incorporated into the limited access highway shall be
vested in the state upon a declaration by the secretary of
transportation that such highway is operational as a limited
access facility, but in no event prior to the acquisition of
right-of-way for such highway including access rights, and
not later than the final completion of construction of such
highway.
(2) Upon the completion of construction of a state limited access highway within a city or town, the department of
transportation may relinquish to the city or town streets constructed or improved as a functional part of the limited access
highway, slope easements, landscaping areas, and other
related improvements to be maintained and operated by the
city or town in accordance with the limited access plan. Title
to such property relinquished to a city or town shall be conveyed by a deed executed by the secretary of transportation
and duly acknowledged. Relinquishment of such property to
the city or town may be expressly conditioned upon the maintenance of access control acquired by the state and the continued operation of such property as a functional part of the limited access highway. [2006 c 334 § 27; 1981 c 95 § 3; 1977
ex.s. c 78 § 3.]
Effective date—2006 c 334: See note following RCW 47.01.051.
47.52.220
47.52.220 Personal wireless service facilities—
Approach permit—Report. (1) The department shall
authorize an off and on approach to partially controlled limited access highways for the placement and service of facilities providing personal wireless services.
(a) The approach shall be in a legal manner not to exceed
thirty feet in width.
(b) The approach may be specified at a point satisfactory
to the department at or between designated highway stations.
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
(c) The permit holder may use the approach for ingress
and egress from the highway for construction or maintenance
of the personal wireless service facility during nonpeak traffic hours so long as public safety is not adversely affected.
The permit holder may use the approach for ingress and
egress at any time for the construction of the facility if public
safety is not adversely affected and if construction will not
substantially interfere with traffic flow during peak traffic
periods.
(2) The department shall authorize the approach by an
annual permit, which may only be canceled upon one hundred eighty days’ written notice to the permit holder.
(a) The department shall set the yearly cost of a permit in
rule.
(b) The permit shall be assignable to the contractors and
subcontractors of the permit holder. The permit shall also be
transferable to a new owner following the sale or merger of
the permit holder.
(3) For the purposes of this section:
(a) "Personal wireless services" means any federally
licensed personal wireless service.
(b) "Facilities" means unstaffed facilities that are used
for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to,
antenna arrays, transmission cables, equipment shelters, and
support structures.
(4) The department shall present a report to the house of
representatives technology, telecommunications, and energy
committee and the senate technology and communications
committee on the implementation of the permit process and
the cost of permits by January 15, 2004, and by the first day
of the legislative session following adoption of any rule
increasing the cost of permits. [2003 c 188 § 2.]
Chapter 47.56 RCW
STATE TOLL BRIDGES, TUNNELS, AND FERRIES
47.56.140
47.56.150
47.56.160
47.56.165
47.56.167
47.56.170
47.56.180
47.56.190
47.56.200
47.56.210
47.56.220
47.56.230
47.56.240
47.56.242
47.56.243
47.56.245
47.56.247
47.56.248
47.56.250
47.56.253
47.56.254
47.56.255
47.56.256
47.56.257
47.56.258
47.56.270
47.56.271
47.56.366
47.56.401
47.56.403
47.56.600
47.56.711
47.56.720
Chapter 47.56
Sections
GENERAL PROVISIONS
47.56.010
47.56.030
47.56.031
47.56.032
47.56.040
47.56.042
47.56.050
47.56.060
47.56.070
47.56.075
47.56.076
47.56.077
47.56.078
47.56.090
47.56.100
47.56.110
47.56.120
47.56.130
(2008 Ed.)
Definitions.
Powers and duties regarding toll facilities—Purchasing.
Approval of tolls.
Authority of department and commission relating to state ferries.
Toll bridges authorized—Investigations.
State boundary bridges—Investigations—Agreements with
counties or states.
Purchase of bridges and ferries authorized—Provisions applicable.
Toll bridges—General powers of department and officials—
Financial statements.
Toll facilities authorized—Provisions applicable.
Toll roads, facilities—Legislative authorization or regional or
local sponsorship required.
Regional transportation investment district—Vehicle tolls
authorized.
Concessions to operate private business on toll road prohibited.
Transportation benefit district—Vehicle tolls authorized.
Authority to acquire right-of-way in constructing a toll bridge.
Toll bridges—Right-of-way across state highways and political subdivisions—Compensation.
Toll bridges—Resolution of necessity in acquiring right-ofway—Effect of.
Toll bridges—Construction directed—Costs.
Toll bridges—Bonds—Cooperative funds from state and federal government.
47.56.725
47.56.730
47.56.770
47.56.771
47.56.772
47.56.773
47.56.774
47.56.780
47.56.785
47.56.790
Chapter 47.56
Toll bridges, bonds—Form, contents, manner of sale—Interim
bonds.
Toll bridges—Bond proceeds and toll revenues, disposition
of—Construction fund—Disbursement—Investment.
Toll bridges—Toll revenue fund.
Tacoma Narrows toll bridge account.
Toll collection account.
Toll bridges—Transfer of funds for bond payments—Surplus
funds.
Toll bridges—Payments made by warrants on vouchers—
Interest on deposits.
Toll bridges—Agreement on deposit of funds.
Toll bridges—Use of bond proceeds and revenue for expenses.
Toll bridges—Remedies of bond holders.
Toll bridges—Limitations on other service—Protection of
outstanding bonds.
Toll bridges—Insurance or indemnity bonds authorized.
Toll bridges—Fixing of toll rates authorized—Lien of bonds
on revenue.
Liquidation and closure of facility accounts upon removal of
tolls—Transfer to motor vehicle fund.
Liquidation and closure of facility accounts upon removal of
tolls—Satisfaction of claims.
Toll charges retained until costs paid.
Credit permits for vehicular passage.
Credit permits for vehicular passage—Cash deposit or bond—
Revocation of permit.
Contributions by the state or political subdivision—Bonds—
Repayment.
Permits, leases, licenses to governmental entities to use property of toll facility or ferry system.
Sale of unneeded property—Authorized—Rules.
Sale of unneeded property—Certification to governor—Execution, delivery of deed.
Franchises for utility, railway, urban public transportation purposes.
Deposit of moneys received under RCW 47.56.253 through
47.56.256.
Notification requirements.
1950 Tacoma Narrows bridge part of primary highways.
1950 Tacoma Narrows bridge toll-free—Exception.
Hood Canal bridge—Public sport fishing—Disclaimer of liability.
High occupancy toll lanes defined.
High occupancy toll lane pilot project.
Naches Pass tunnel—Design.
Spokane river bridges.
Puget Island-Westport ferry—Payments for operation and
maintenance to Wahkiakum county—Toll-free operation
and provision of rest room facilities, when.
County ferries—Deficit reimbursements—Capital improvement funds.
"No Smoking" areas on ferries—Establishment directed.
Refunding bonds—Authorized.
Refunding bonds—General obligation—Signatures, negotiability—Payment of principal and interest—Pledge of excise
taxes.
Refunding bonds—Liquidation of existing bond funds.
Refunding bonds—Repayment to Puget Sound capital construction account.
Various bond issues—Charge against fuel tax revenues.
New ferry vessel construction for service on routes that require
a vessel that carries no more than one hundred motor vehicles—How constructed—Warranty work.
Authority to collect tolls on existing or replacement state route
number 520 bridge—Toll charge schedule.
Interstate 90 floating bridge tolls—Federal authorization—
Report.
TOLL FACILITIES CREATED AFTER JULY 1, 2008
47.56.805
47.56.810
47.56.820
47.56.830
47.56.840
47.56.850
47.56.860
Finding—Intent.
Definitions.
Imposition of tolls on eligible toll facilities—Who may authorize, revenue expenditures.
Policy guidelines for eligible toll facility proposals.
Tolling advisory committee.
Transportation commission as state tolling authority—Toll
rates.
Application.
Bridges across navigable waters: RCW 79.110.110 through 79.110.140.
Port districts, toll facilities: Chapter 53.34 RCW.
Toll bridge bonds authorized, adjoining counties: RCW 36.76.140.
[Title 47 RCW—page 171]
47.56.010
Title 47 RCW: Public Highways and Transportation
Traffic violations and unlawful acts on toll facility or ferry: RCW 46.61.690.
Viaducts, bridges, elevated roadways, tunnels, etc., authority of cities to construct: Chapter 35.85 RCW.
GENERAL PROVISIONS
47.56.010 Definitions. As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired
under this chapter, upon which tolls are charged, together
with all appurtenances, additions, alterations, improvements,
and replacements thereof, and the approaches thereto, and all
lands and interests used therefor, and buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or motorway at such locations and between such termini
as may be established by law, and constructed or to be constructed as a limited access highway under the provisions of
this chapter by the department, and shall include, but not be
limited to, all bridges, tunnels, overpasses, underpasses,
interchanges, entrance plazas, approaches, toll houses, service areas, service facilities, communications facilities, and
administration, storage, and other buildings that the department may deem necessary for the operation of the project,
together with all property, rights, easements, and interests
that may be acquired by the department for the construction
or the operation of the project, all of which shall be conducted
in the same manner and under the same procedure as provided for the establishing, constructing, operating, and maintaining of toll bridges by the department, insofar as those procedures are reasonably consistent and applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge
crossing the Tacoma Narrows that was opened to vehicle
travel in 1950. [2002 c 114 § 2; 1984 c 7 § 246; 1961 c 13 §
47.56.010. Prior: 1953 c 220 § 1; 1937 c 173 § 1, part; RRS
§ 6524-1, part.]
47.56.010
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.030 Powers and duties regarding toll facilities—Purchasing. (1) Except as permitted under chapter
47.29 or 47.46 RCW:
(a) Unless otherwise delegated, and subject to RCW
47.56.820, the department of transportation shall have full
charge of the planning, analysis, and construction of all toll
bridges and other toll facilities including the Washington
state ferries, and the operation and maintenance thereof.
(b) The transportation commission shall determine and
establish the tolls and charges thereon.
(c) Unless otherwise delegated, and subject to RCW
47.56.820, the department shall have full charge of planning,
analysis, and design of all toll facilities. The department may
conduct the planning, analysis, and design of toll facilities as
necessary to support the legislature’s consideration of toll
authorization.
(d) The department shall utilize and administer toll collection systems that are simple, unified, and interoperable.
To the extent practicable, the department shall avoid the use
of toll booths. The department shall set the statewide standards and protocols for all toll facilities within the state,
including those authorized by local authorities.
47.56.030
[Title 47 RCW—page 172]
(e) Except as provided in this section, the department
shall proceed with the construction of such toll bridges and
other facilities and the approaches thereto by contract in the
manner of state highway construction immediately upon
there being made available funds for such work and shall
prosecute such work to completion as rapidly as practicable.
The department is authorized to negotiate contracts for any
amount without bid under (e)(i) and (ii) of this subsection:
(i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities
whenever continued use of ferries or ferry terminal facilities
constitutes a real or immediate danger to the traveling public
or precludes prudent use of such ferries or facilities; and
(ii) Single source contracts for vessel dry dockings,
when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or
classes of vessels. The contracts may be entered into for a
single vessel dry docking or for multiple vessel dry dockings
for a period not to exceed two years.
(2) The department shall proceed with the procurement
of materials, supplies, services, and equipment needed for the
support, maintenance, and use of a ferry, ferry terminal, or
other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
(a) When the secretary of the department of transportation determines in writing that the use of invitation for bid is
either not practicable or not advantageous to the state and it
may be necessary to make competitive evaluations, including
technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be
entered into by use of a competitive sealed proposals method,
and a formal request for proposals solicitation. Such formal
request for proposals solicitation shall include a functional
description of the needs and requirements of the state and the
significant factors.
(b) When purchases are made through a formal request
for proposals solicitation the contract shall be awarded to the
responsible proposer whose competitive sealed proposal is
determined in writing to be the most advantageous to the state
taking into consideration price and other evaluation factors
set forth in the request for proposals. No significant factors
may be used in evaluating a proposal that are not specified in
the request for proposals. Factors that may be considered in
evaluating proposals include but are not limited to: Price;
maintainability; reliability; commonality; performance levels; life cycle cost if applicable under this section; cost of
transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service
offered; and the following:
(i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
(ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
(iii) Whether the proposer can perform the contract
within the time specified;
(iv) The quality of performance of previous contracts or
services;
(v) The previous and existing compliance by the proposer with laws relating to the contract or services;
(vi) Objective, measurable criteria defined in the request
for proposal. These criteria may include but are not limited
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
(vii) Such other information as may be secured having a
bearing on the decision to award the contract.
(c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on
the evaluation factors set forth in the request for proposal.
When issuing a request for proposal for the procurement of
propulsion equipment or systems that include an engine, the
request for proposal must specify the use of a life cycle cost
analysis that includes an evaluation of fuel efficiency. When
a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as
the initial price element specified in the request of proposal
documents. The department may reject any and all proposals
received. If the proposals are not rejected, the award shall be
made to the proposer whose proposal is most advantageous to
the department, considering price and the other evaluation
factors set forth in the request for proposal. [2008 c 122 § 8;
2002 c 114 § 19; 2001 c 59 § 1; 1995 1st sp.s. c 4 § 1; 1977
ex.s. c 151 § 66; 1969 ex.s. c 180 § 3; 1961 c 278 § 8; 1961 c
13 § 47.56.030. Prior: 1937 c 173 § 10; RRS § 6524-10.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 1st sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 4 § 4.]
47.56.031 Approval of tolls. No tolls may be imposed
on new or existing highways or bridges without specific legislative authorization, or upon a majority vote of the people
within the boundaries of the unit of government empowered
to impose tolls. This section applies to chapter 47.56 RCW
and to any tolls authorized under chapter 47.29 RCW, the
transportation innovative partnership act of 2005. [2005 c
335 § 2.]
47.56.031
47.56.032 Authority of department and commission
relating to state ferries. All powers vested in the toll bridge
authority as of September 21, 1977, relating to the acquiring,
operating, extending, designing, constructing, repairing, and
maintenance of the Washington state ferries or any part
thereof and the collecting of tolls and charges for use of its
facilities, shall be performed by the department. The commission shall determine all fares, tolls, and other charges for its
facilities and shall directly perform all duties and exercise all
powers relating to financing, refinancing, and fiscal management of the system’s bonded indebtedness in the manner provided by law. [1984 c 7 § 247; 1961 c 278 § 9.]
47.56.032
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.040 Toll bridges authorized—Investigations.
The department is empowered, in accordance with the provisions of this chapter, to provide for the establishment and
construction of toll bridges upon any public highways of this
state together with approaches thereto wherever it is considered necessary or advantageous and practicable for crossing
any stream, body of water, gulch, navigable water, swamp, or
other topographical formation whether that formation is
within this state or constitutes a boundary between this state
47.56.040
(2008 Ed.)
47.56.050
and an adjoining state or country. For the purpose of obtaining information for the consideration of the department upon
the construction of any toll bridge or any other matters pertaining thereto, any cognizant officer or employee of the state
shall, upon the request of the department, make reasonable
examination, investigation, survey, or reconnaissance for the
determination of material facts pertaining thereto and report
this to the department. The cost of any such examination,
investigation, survey, or reconnaissance shall be borne by the
department or office conducting these activities from the
funds provided for that department or office for its usual
functions. [2008 c 122 § 9; 1984 c 7 § 248; 1961 c 13 §
47.56.040. Prior: 1937 c 173 § 3; RRS § 6524-3; prior: 1913
c 56 § 2; RRS § 6525.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.042 State boundary bridges—Investigations—
Agreements with counties or states. The department is
authorized to enter into agreements with any county of this
state and/or with an adjoining state or county thereof for the
purpose of implementing an investigation of the feasibility of
any toll bridge project for the bridging of a river forming a
portion of the boundary of this state, and the adjoining state.
The department may use funds available to it to carry out the
purposes of this section. These agreements may provide that
if any such project is determined to be feasible and is
adopted, any advancement of funds by any state or county
may be reimbursed out of any proceeds derived from the sale
of bonds or out of tolls and revenues to be derived from the
project. [1984 c 7 § 249; 1961 c 13 § 47.56.042. Prior: 1955
c 203 § 1.]
47.56.042
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.050 Purchase of bridges and ferries authorized—Provisions applicable. (1) The department, whenever it is considered necessary or advantageous and practicable, is empowered to provide for the acquisition by purchase
of, and to acquire by purchase (a) any bridge or bridges or
ferries which connect with or may be connected with the public highways of this state (b) together with approaches
thereto.
(2) In connection with the acquisition by purchase of any
bridge or bridges or ferries under subsection (1) of this section, the department, the state treasurer, any city, county, or
other political subdivision of this state, and all of their officers:
(a) Are empowered and required to do all acts and things
provided for in this chapter to establish and construct toll
bridges and operate, finance, and maintain such bridges insofar as the powers and requirements are applicable to the purchase of any bridge or bridges or ferries and their operation,
financing, and maintenance; and
(b) In purchasing, operating, financing, and maintaining
any bridge or bridges or ferries acquired or to be acquired by
purchase under this section, shall act in the same manner and
under the same procedures as are provided in this chapter to
establish, construct, operate, finance, and maintain toll
bridges insofar as such manner and procedure are applicable
to the purchase of any bridge or bridges or ferries and their
operation, financing, and maintenance.
47.56.050
[Title 47 RCW—page 173]
47.56.060
Title 47 RCW: Public Highways and Transportation
(3) Without limiting the generality of the provisions contained in subsections (1) and (2) of this section, the department is empowered: (a) To cause surveys to be made for the
purpose of investigating the propriety of acquiring by purchase any such bridge or bridges or ferries and the right-ofway necessary or proper for that bridge or bridges or ferries,
and other facilities necessary to carry out the provisions of
this chapter; (b) to issue, sell, and redeem bonds, and to
deposit and pay out the proceeds of the bonds for the financing thereof; (c) to collect, deposit, and expend tolls therefrom; (d) to secure and remit financial and other assistance in
the purchase thereof; and (e) to carry insurance thereon.
(4) The provisions of RCW 47.56.220 apply when any
bridge or bridges or ferries are acquired by purchase pursuant
to this section. [1984 c 7 § 250; 1973 c 106 § 25; 1961 c 13
§ 47.56.050. Prior: 1945 c 266 § 1; Rem. Supp. 1945 § 65243a.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.060 Toll bridges—General powers of department and officials—Financial statements. The department, the officials thereof, and all other state officials are
empowered to act and make agreements consistent with law
as may be necessary or desirable in connection with the
duties and powers conferred upon them respectively by law
regarding the construction, maintenance, operation, and
insurance of toll bridges or the safeguarding of the funds and
revenues required for such construction and the payment of
the indebtedness incurred therefor. The department shall
keep full, complete, and separate accounts of each toll bridge,
and annually shall prepare balance sheet and income and
profit and loss statements showing the financial condition of
each such toll bridge, which statement shall be open at all reasonable times to the inspection of holders of bonds issued by
the department. [1984 c 7 § 251; 1961 c 13 § 47.56.060.
Prior: 1937 c 173 § 17; RRS § 6524-17.]
47.56.060
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.070 Toll facilities authorized—Provisions
applicable. The department of transportation may, in accordance with this chapter, provide for the construction and
operation of toll tunnels, toll roads, and other facilities necessary for their construction and connection with public highways of the state. It may cause surveys to be made to determine the propriety of their construction and operation, and
may acquire rights-of-way and other facilities necessary to
carry out the provisions hereof; and may issue, sell, and
redeem bonds, and deposit and expend them; secure and
remit financial and other assistance in the construction
thereof; carry insurance thereon; and handle any other matters pertaining thereto, all of which shall be conducted in the
same manner and under the same procedure as provided for
the constructing, operating, and maintaining of toll bridges
by the department, insofar as reasonably consistent and applicable. [2008 c 122 § 10; 1977 ex.s. c 151 § 67; 1961 c 13 §
47.56.070. Prior: 1953 c 220 § 3; 1937 c 173 § 3 1/2; RRS §
6524-3 1/2.]
47.56.070
47.56.075 Toll roads, facilities—Legislative authorization or regional or local sponsorship required. The
47.56.075
[Title 47 RCW—page 174]
department shall approve for construction only such toll
roads as the legislature specifically authorizes or such toll
facilities as are specifically sponsored by a regional transportation investment district, city, town, or county. [2002 c 56 §
404; 1984 c 7 § 252; 1961 c 13 § 47.56.075. Prior: 1953 c
220 § 7.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.076 Regional transportation investment district—Vehicle tolls authorized. (1) Upon approval of a
majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district
may authorize vehicle tolls on a local or regional arterial or a
state or federal highway within the boundaries of the district.
The department shall administer the collection of vehicle
tolls authorized on designated facilities unless otherwise
specified in law or by contract, and the commission or its successor statewide tolling authority shall set and impose the
tolls in amounts sufficient to implement the regional transportation investment plan under RCW 36.120.020.
(2) Consistent with RCW 47.56.820, vehicle tolls must
first be authorized by the legislature if the tolls are imposed
on a state route.
(3) Consistent with RCW 47.56.850, vehicle tolls,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the tolls, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility. [2008 c 122 § 11; 2006
c 311 § 19; 2005 c 335 § 3; 2002 c 56 § 403.]
47.56.076
Findings—2006 c 311: See note following RCW 36.120.020.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.56.077 Concessions to operate private business on
toll road prohibited. The department shall not grant concessions for the operation or establishment of any privately
owned business upon toll road rights-of-way. [1984 c 7 §
253; 1961 c 13 § 47.56.077. Prior: 1953 c 220 § 8.]
47.56.077
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.078 Transportation benefit district—Vehicle
tolls authorized. (1) Subject to the provisions under chapter
36.73 RCW, a transportation benefit district may authorize
vehicle tolls on state routes or federal highways, city streets,
or county roads, within the boundaries of the district, unless
otherwise prohibited by law. The department of transportation shall administer the collection of vehicle tolls authorized
on state routes or federal highways, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the
tolls in amounts sufficient to implement the district’s transportation improvement finance plan. The district shall
administer the collection of vehicle tolls authorized on city
streets or county roads, and shall set and impose the tolls,
only with approval of the transportation commission, in
amounts sufficient to implement the district’s transportation
improvement plan. Tolls may vary for type of vehicle, for
47.56.078
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
time of day, for traffic conditions, and/or other factors
designed to improve performance of the facility or the transportation network.
(2) Consistent with RCW 47.56.820, vehicle tolls must
first be authorized by the legislature if the tolls are imposed
on a state route.
(3) Consistent with RCW 47.56.850, vehicle tolls,
including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in
RCW 47.56.850 if the tolls, or change in toll rate, would have
a significant impact, as determined by the tolling authority,
on the operation of any state facility. [2008 c 122 § 12; 2005
c 336 § 25.]
Effective date—2005 c 336: See note following RCW 36.73.015.
47.56.090 Authority to acquire right-of-way in constructing a toll bridge. The department of transportation is
empowered to secure right-of-way for toll bridges and for
approaches thereto by gift or purchase, or by condemnation
in the manner provided by law for the taking of private property for public highway purposes. [1977 ex.s. c 151 § 69;
1961 c 13 § 47.56.090. Prior: 1937 c 173 § 5; RRS § 6524-5.]
47.56.090
47.56.100 Toll bridges—Right-of-way across state
highways and political subdivisions—Compensation. The
right-of-way is hereby given, dedicated, and set apart upon
which to locate, construct, and maintain bridges or
approaches thereto or other highway crossings, and transportation facilities thereof or thereto, through, over, or across
any state highways, and through, over, or across the streets,
alleys, lanes, and roads within any city, county, or other political subdivision of the state. If any property belonging to any
city, county, or other political subdivision of the state is
required to be taken for the construction of any bridge or
approach thereto, or if any such property is injured or damaged by such construction, compensation therefor as may be
proper or necessary and as agreed upon may be paid by the
department to the particular county, city, or other political
subdivision of the state owning the property, or condemnation proceedings may be brought for the determination of the
compensation. [1984 c 7 § 254; 1977 ex.s. c 103 § 4; 1961 c
13 § 47.56.100. Prior: 1937 c 173 § 16; RRS § 6524-16.]
47.56.100
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.110 Toll bridges—Resolution of necessity in
acquiring right-of-way—Effect of. Before the department
proceeds with any action to secure a right-of-way or with
construction of any toll bridge under the provisions of this
chapter, the commission shall first pass a resolution that public interest and necessity require the acquisition of right-ofway for and the construction of the toll bridge. The resolution
is conclusive evidence (1) of the public necessity of such construction; (2) that the property is necessary therefor; and (3)
that the proposed construction is planned or located in a manner which will be most compatible with the greatest public
good and the least private injury. When it becomes necessary
for the department to condemn any real estate to be used in
connection with any such bridge, the attorney general of the
state shall represent the department. In eminent domain proceedings to acquire property for any of the purposes of this
47.56.110
(2008 Ed.)
47.56.140
chapter, any toll bridge, real property, personal property,
franchises, rights, easements, or other property or privileges
appurtenant thereto appropriated or dedicated to a public use
or purpose by any person, firm, private, public, or municipal
corporation, county, city, town, district, or any political subdivision of the state, may be condemned and taken, and the
acquisition and use as provided in this chapter for the same
public use or purpose to which the property has been so
appropriated or dedicated, or for any other public use or purpose, is a superior and permanent right and necessity, and a
more necessary use and purpose than the public use or purpose to which the property has already been appropriated or
dedicated. It is not necessary in any eminent domain proceedings under this chapter to plead or prove any acts or proceedings preliminary or prior to the adoption of the resolution
hereinbefore referred to describing the property sought to be
taken and directing such proceedings. [1984 c 7 § 255; 1961
c 13 § 47.56.110. Prior: 1937 c 173 § 11; RRS § 6524-11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.120 Toll bridges—Construction directed—
Costs. In the event that any toll bridge should be constructed,
all cost thereof including right-of-way, survey, and engineering shall be paid out of any funds available for payment of the
cost of such toll bridge under this chapter. [2008 c 122 § 13;
1977 ex.s. c 151 § 70; 1961 c 13 § 47.56.120. Prior: 1937 c
173 § 4; RRS § 6524-4.]
47.56.120
47.56.130 Toll bridges—Bonds—Cooperative funds
from state and federal government. The department is
hereby empowered to issue bonds for the construction of any
toll bridge or toll bridges authorized under the provisions of
this chapter. Any and all bonds issued for the construction of
any toll bridge or toll bridges under the authority of the
department shall be issued in the name of the department,
shall constitute obligations only of the department, shall be
identified as . . . . . . toll bridge bonds, and shall contain a
recital on the face thereof that the payment or redemption of
the bonds and the payment of the interest thereon is secured
by a direct and exclusive charge and lien upon the tolls and
other revenues of any nature whatever received from the
operation of the particular toll bridge or bridges for the construction of which the bonds are issued and that neither the
payment of the principal or any part thereof nor of the interest
thereon or any part thereof constitutes a debt, liability, or
obligation of the state of Washington. The department is
empowered to receive and accept funds from the state of
Washington or the federal government upon a cooperative or
other basis for the construction of any toll bridge authorized
under this chapter and is empowered to enter into such agreements with the state of Washington or the federal government
as may be required for the securing of such funds. [1984 c 7
§ 256; 1961 c 13 § 47.56.130. Prior: 1937 c 173 § 7; RRS §
6524-7.]
47.56.130
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.140 Toll bridges, bonds—Form, contents,
manner of sale—Interim bonds. The revenue bonds may
be issued and sold by the department of transportation from
time to time and in such amounts as it deems necessary to
47.56.140
[Title 47 RCW—page 175]
47.56.150
Title 47 RCW: Public Highways and Transportation
provide sufficient funds for the construction of the bridge,
and to pay interest on outstanding bonds issued for its construction during the period of actual construction and for six
months after completion thereof.
The department of transportation shall determine the
form, conditions, and denominations of the bonds, and the
maturity dates which the bonds to be sold shall bear and the
interest rate thereon. All bonds of the same issue need not
bear the same interest rate. Principal and interest of the bonds
may be payable at such place as determined by the department. They may be in any form including bearer bonds or
registered bonds as provided in RCW 39.46.030, with interest
payable at such times as determined by the department, and
shall mature at such times and in such amounts as the department prescribes. The department may provide for the retirement of the bonds at any time prior to maturity, and in such
manner and upon payment of such premiums as it may determine in the resolution providing for the issuance of the
bonds. All such bonds shall be signed by the state auditor and
countersigned by the governor and any interest coupons
appertaining thereto shall bear the signature of the state auditor. The countersignature of the governor on such bonds and
the signature of the state auditor on any coupons may be their
printed or lithographed facsimile signatures. Successive
issues of such bonds within the limits of the original authorization shall have equal preference with respect to the redemption thereof and the payment of interest thereon. The department may fix different maturity dates, serially or otherwise,
for successive issues under any one original authorization.
The bonds shall be negotiable instruments under the law merchant. All bonds issued and sold hereunder shall be sold on
sealed bids to the highest and best bidder after such advertising for bids as the department deems proper. The department
may reject any and all bids and may thereafter sell the bonds
at private sale under such terms and conditions as it deems
most advantageous to its own interests; but not at a price
below that of the best bid which was rejected. The department may contract loans and borrow money through the sale
of bonds of the same character as those herein authorized,
from the United States or any agency thereof, upon such conditions and terms as may be agreed to and the bonds shall be
subject to all the provisions of this chapter, except the
requirement that they be first offered at public sale.
Temporary or interim bonds, certificates, or receipts, of
any denomination, and with or without coupons attached,
signed by the state auditor, may be issued and delivered until
bonds are executed and available for delivery. [1983 c 167 §
118; 1970 ex.s. c 56 § 62; 1969 ex.s. c 232 § 33; 1963 ex.s. c
3 § 45; 1961 c 13 § 47.56.140. Prior: 1953 c 79 § 1; 1937 c
173 § 8; RRS § 6524-8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
47.56.150 Toll bridges—Bond proceeds and toll revenues, disposition of—Construction fund—Disbursement—Investment. The proceeds from the sale of all bonds
authorized under the provisions of this chapter shall be paid
to the state treasurer for the credit of the department and be
47.56.150
[Title 47 RCW—page 176]
deposited as demand deposits forthwith in such depositary or
depositaries as may be authorized by law to receive deposits
of state funds to the credit of a fund to be designated as the
construction fund of the particular toll bridge or toll bridges
for which such bonds were issued and sold, which fund shall
not be a state fund and shall at all times be kept segregated
and set apart from all other funds and in trust for the purposes
herein set out. Such proceeds shall be paid out or disbursed
solely for the construction of such toll bridge or toll bridges,
the acquisition of the necessary lands and easements therefor
and the payment of interest on such bonds during the period
of actual construction and for a period of six months thereafter, only as the need therefor shall arise. The department may
agree with the purchaser of the bonds upon any conditions or
limitations restricting the disbursement of such funds that
may be deemed advisable, for the purpose of assuring the
proper application of such funds. All moneys in such fund
and not required to meet current construction costs of the toll
bridge or toll bridges for which such bonds were issued and
sold, and all funds constituting surplus revenues that are not
immediately needed for the particular object or purpose to
which they must be applied or are pledged shall be invested
in bonds and obligations of the nature eligible for investment
of surplus state moneys: PROVIDED, That the department
may provide in the proceedings authorizing the issuance of
these bonds that the investment of such moneys shall be made
only in particular bonds and obligations within the classifications eligible for such investment, and such provisions shall
thereupon be binding upon the department and all officials
having anything to do with the investment. Any surplus
which may exist in the construction fund shall be applied to
the retirement of bonds issued for the construction of such
toll bridge or toll bridges by purchase or call. If these bonds
cannot be purchased at a price satisfactory to the department
and are not by their terms callable prior to maturity, the surplus shall be paid into the fund applicable to the payment of
principal and interest of the bonds and shall be used for that
purpose. The proceedings authorizing the issuance of bonds
may provide limitations and conditions upon the time and
manner of applying the surplus to the purchase and call of
outstanding bonds and the terms upon which they shall be
purchased or called. Such limitations and conditions shall be
followed and observed in the application and use of the surplus. All bonds so retired by purchase or call shall be immediately canceled. [1984 c 7 § 257; 1961 c 13 § 47.56.150.
Prior: 1937 c 173 § 14, part; RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.160
47.56.160 Toll bridges—Toll revenue fund. All tolls
or other revenues received from the operation of any toll
bridge or toll bridges constructed with the proceeds of bonds
issued and sold hereunder shall be paid over by the department to the state treasurer. The treasurer shall deposit them
forthwith as demand deposits in a depositary or depositaries
authorized by law to receive deposits of state funds. The
deposit shall be made to the credit of a special trust fund designated as the toll revenue fund of the particular toll bridge or
toll bridges producing the tolls or revenue, which fund shall
be a trust fund and shall at all times be kept segregated and set
apart from all other funds. [1984 c 7 § 258; 1961 c 13 §
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
47.56.160. Prior: 1937 c 173 § 14, part; RRS § 6524-14,
part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.165 Tacoma Narrows toll bridge account. A
special account to be known as the Tacoma Narrows toll
bridge account is created in the motor vehicle fund in the
state treasury.
(1) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of the
Tacoma Narrows public-private initiative project, including
any capitalized interest;
(b) All of the toll charges and other revenues received
from the operation of the Tacoma Narrows bridge as a toll
facility, to be deposited at least monthly;
(c) Any interest that may be earned from the deposit or
investment of those revenues;
(d) Notwithstanding RCW 47.12.063, proceeds from the
sale of any surplus real property acquired for the purpose of
building the second Tacoma Narrows bridge; and
(e) All liquidated damages collected under any contract
involving the construction of the second Tacoma Narrows
bridge.
(2) Proceeds of bonds shall be used consistent with RCW
47.46.130, including the reimbursement of expenses and fees
incurred under agreements entered into under RCW
47.46.040 as required by those agreements.
(3) Toll charges, other revenues, and interest may be
used to:
(a) Pay any required costs of financing, operation, maintenance, and management and necessary repairs of the facility; and
(b) Repay amounts to the motor vehicle fund as required
under RCW 47.46.140.
(4) When repaying the motor vehicle fund under RCW
47.46.140, the state treasurer shall transfer funds from the
Tacoma Narrows toll bridge account to the motor vehicle
fund on or before each debt service date for bonds issued for
the Tacoma Narrows public-private initiative project in an
amount sufficient to repay the motor vehicle fund for
amounts transferred from that fund to the highway bond
retirement fund to provide for any bond principal and interest
due on that date. The state treasurer may establish subaccounts for the purpose of segregating toll charges, bond sale
proceeds, and other revenues. [2006 c 17 § 1; 2002 c 114 §
11.]
47.56.165
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.56.167 Toll collection account. The toll collection
account is created in the custody of the state treasurer. All
receipts from prepaid customer tolls must be deposited into
the account. Distributions from the account may be used
only to refund customers’ prepaid tolls or for distributions
into the appropriate toll facility account. Distributions into
the appropriate toll facility account shall be based on charges
incurred at each toll facility and shall include a proportionate
share of interest earned from amounts deposited into the
account. For purposes of accounting, distributions from the
account constitute earned toll revenues in the receiving toll
47.56.167
(2008 Ed.)
47.56.180
facility account at the time of distribution. Only the secretary
of transportation or the secretary’s designee may authorize
distributions from the account. Distributions of revenue and
refunds from this account are not subject to the allotment procedures under chapter 43.88 RCW and an appropriation is not
required. [2008 c 122 § 23.]
Effective date—2008 c 122 §§ 23 and 24: "Sections 23 and 24 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect immediately [March 25, 2008]." [2008 c 122 § 26.]
47.56.170 Toll bridges—Transfer of funds for bond
payments—Surplus funds. From the money deposited in
each separate construction fund under RCW 47.56.160, the
state treasurer shall transfer to the place or places of payment
named in the bonds such sums as may be required to pay the
interest as it becomes due on all bonds sold and outstanding
for the construction of a particular toll bridge or toll bridges
during the period of actual construction and during the period
of six months immediately thereafter. The state treasurer
shall thereafter transfer from each separate toll revenue fund
to the place or places of payment named in the bonds such
sums as may be required to pay the interest on the bonds and
redeem the principal thereof as the interest payments and
bond redemption become due for all bonds issued and sold
for the construction of the particular toll bridge or toll bridges
producing the tolls or revenues so deposited in the toll revenue fund. All funds so transferred for the payment of principal or interest on bonds issued for any particular toll bridge
shall be segregated and applied solely for the payment of that
principal or interest. The proceedings authorizing the issuance of bonds may provide for setting up a reserve fund or
funds out of the tolls and other revenues not needed for the
payment of principal and interest, as the same currently
matures and for the preservation and continuance of the fund
in a manner to be provided therein. The proceedings may also
require the immediate application of all surplus moneys in
the toll revenue fund to the retirement of the bonds prior to
maturity, by call or purchase, in such manner and upon such
terms and the payment of such premiums as may be deemed
advisable in the judgment of the department.
The moneys remaining in each separate toll revenue fund
after providing the amount required for interest and redemption of bonds as provided in this section shall be held and
applied as provided in the proceedings authorizing the issuance of the bonds. If the proceedings authorizing the issuance
of the bonds do not require surplus revenues to be held or
applied in any particular manner, they shall be allocated and
used for such other purposes incidental to the construction,
operation, and maintenance of the toll bridge or bridges as the
department may determine. [1984 c 7 § 259; 1961 c 13 §
47.56.170. Prior: 1937 c 173 § 14, part; RRS § 6524-14,
part.]
47.56.170
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.180 Toll bridges—Payments made by warrants
on vouchers—Interest on deposits. Warrants for payments
to be made on account of the bonds shall be duly drawn by
the state treasurer on vouchers approved by the department.
Moneys required to meet the costs of construction and all
expenses and costs incidental to the construction of any par47.56.180
[Title 47 RCW—page 177]
47.56.190
Title 47 RCW: Public Highways and Transportation
ticular toll bridge or toll bridges or to meet the costs of operating, maintaining, and repairing the bridge or bridges shall
be paid from the proper fund therefor by the state treasurer
upon vouchers approved by the department.
All interest received or earned on money deposited in
each and every fund provided for in this chapter shall be credited to and become a part of the particular fund upon which
the interest accrues. [1984 c 7 § 260; 1973 c 106 § 26; 1961
c 13 § 47.56.180. Prior: 1937 c 173 § 14, part; RRS § 652414, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.190 Toll bridges—Agreement on deposit of
funds. The department may provide in the proceedings
authorizing the issuance of bonds or may otherwise agree
with the purchasers of bonds regarding the deposit of all
moneys constituting the construction fund and the toll revenue fund and provide for the deposit of the money at such
times and with such depositaries or paying agents and upon
the furnishing of security as meets with the approval of the
purchasers of the bonds so long as the depositaries and security provided for or agreed upon are qualified and eligible in
accordance with the requirements of law. [1984 c 7 § 261;
1961 c 13 § 47.56.190. Prior: 1937 c 173 § 14, part; RRS §
6524-14, part.]
47.56.190
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.200 Toll bridges—Use of bond proceeds and
revenue for expenses. Notwithstanding anything contained
in this chapter, the proceeds received from the sale of bonds
and the tolls or other revenues received from the operation of
any toll bridge or toll bridges may be used to defray any
expenses incurred by the department in connection with and
incidental to the issuance and sale of bonds for the construction of the toll bridge or toll bridges including expenses for
the preparation of surveys and estimates and making inspections and examinations required by the purchasers of the
bonds. In addition, the proceedings authorizing the issuance
of the bonds may contain appropriate provisions governing
the use and application of the bond proceeds and toll or other
revenues for the purposes herein specified. [1984 c 7 § 262;
1961 c 13 § 47.56.200. Prior: 1937 c 173 § 14, part; RRS §
6524-14, part.]
47.56.200
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.210 Toll bridges—Remedies of bond holders.
While any bonds issued by the department under this chapter
remain outstanding, the powers, duties, or existence of the
department or of any other official or agency of the state shall
not be diminished or impaired in any manner that will affect
adversely the interests and rights of the holders of such
bonds. The holder of any bond may by mandamus or other
appropriate proceeding require and compel the performance
of any of the duties imposed upon any state department, official, or employee, or imposed upon the department or its
officers, agents, and employees in connection with the construction, maintenance, operation, and insurance of any
bridge, and in connection with the collection, deposit, investment, application, and disbursement of all tolls and other revenues derived from the operation and use of any bridge and in
47.56.210
[Title 47 RCW—page 178]
connection with the deposit, investment, and disbursement of
the proceeds received from the sale of bonds. The enumeration of rights and remedies in this section shall not be deemed
to exclude the exercise or prosecution of any other rights or
remedies by the holders of the bonds. [1984 c 7 § 263; 1961
c 13 § 47.56.210. Prior: 1937 c 173 § 18; RRS § 6524-18.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.220 Toll bridges—Limitations on other service—Protection of outstanding bonds. Except as otherwise provided in RCW *47.56.291, **47.56.714, and
*47.56.756, as long as any of the bonds issued hereunder for
the construction of any toll bridge are outstanding and
unpaid, there shall not be erected, constructed, or maintained
any other bridge or other crossing over, under, through, or
across the waters over which such toll bridge is located or
constructed, connecting or joining directly or indirectly the
lands or extensions thereof or abutments thereon on both
sides of the waters spanned or crossed by such toll bridge
within a distance of ten miles from either side of such toll
bridge excepting bridges or other highway crossings actually
in existence and being maintained, or for which there was
outstanding an existing and lawfully issued franchise, at the
time of the location of such toll bridge and prior to the time of
the authorization of such bonds, and no ferry or other similar
means of crossing the said waters within the said distance and
connecting or plying directly or indirectly between the lands
or extensions thereof or abutments thereon on both sides of
the waters spanned or crossed by such bridge shall be maintained or operated or permitted or allowed: PROVIDED,
That ferries and other similar means of crossing actually in
existence and being maintained and operated, or for which
there was outstanding an existing and lawfully issued franchise, at the time of the location of such bridge and prior to
the time of the authorization of such bonds, may continue and
be permitted to be operated and maintained under such existing rights and franchises, or any lawful renewal or extension
thereof. The provisions of this section shall be binding upon
the state department of transportation, the state of Washington, and all of its departments, agencies, or instrumentalities
as well as any and all private, political, municipal, and public
corporations and subdivisions, including cities, counties, and
other political subdivisions, and the prohibitions of this section shall restrict and limit the powers of the legislature of the
state of Washington in respect to the matters herein mentioned as long as any of such bonds are outstanding and
unpaid and shall be deemed to constitute a contract to that
effect for the benefit of the holders of all such bonds. [1983
c 3 § 128; 1979 ex.s. c 212 § 19; 1979 c 131 § 8; 1961 c 13 §
47.56.220. Prior: 1937 c 173 § 13; RRS § 6524-13.]
47.56.220
Reviser’s note: *(1) RCW 47.56.291 and 47.56.756 were repealed by
2005 c 335 § 5.
**(2) RCW 47.56.714 was repealed by 1990 c 42 § 403, effective September 1, 1990.
Severability—1979 ex.s. c 212: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 212 § 21.]
47.56.230 Toll bridges—Insurance or indemnity
bonds authorized. When any toll bridge or bridges autho47.56.230
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
rized under this chapter is being built by the department, the
department may carry or cause to be carried an amount of
insurance or indemnity bond or bonds as protection against
loss or damage as the department may deem proper. The
department is hereby further empowered to carry such an
amount of insurance to cover any accident or destruction in
part or in whole to any toll bridge or toll bridges until all
bonds sold for the construction of the toll bridge or toll
bridges and interest accrued thereon have been fully
redeemed and paid. All moneys collected on any indemnity
bond or insurance policy as the result of any damage or injury
to the toll bridge or toll bridges shall be used for the purpose
of repairing or rebuilding the toll bridge or toll bridges as
long as there are revenue bonds against any such structure
outstanding and unredeemed. The department is also empowered to carry insurance or indemnity bonds insuring against
the loss of tolls or other revenues to be derived from any such
toll bridge or bridges by reason of any interruption in the use
of the toll bridge or toll bridges from any cause whatever, and
the proceeds of the insurance or indemnity bonds shall be
paid into the fund into which the tolls and other revenues of
the bridge thus insured are required to be paid and shall be
applied to the same purposes and in the same manner as other
moneys in the fund. The insurance or indemnity bonds may
be in an amount equal to the probable tolls and other revenues
to be received from the operation of the toll bridge or toll
bridges during any period of time that may be determined by
the department and fixed in its discretion, and be paid for out
of the toll revenue fund as may be specified in the proceedings. The department may provide in the proceedings authorizing the issuance of bonds for the carrying of insurance as
authorized by this chapter, and the purchase and carrying of
insurance as authorized by this chapter, and the purchase and
carrying of such insurance shall thereupon be obligatory
upon the department and be paid for out of the toll revenue
fund as may be specified in the proceedings. [1984 c 7 § 264;
1961 c 13 § 47.56.230. Prior: 1937 c 173 § 15; RRS § 652415.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.245
and such tolls and revenues together with the interest earned
thereon shall constitute a trust fund for the security and payment of such bonds and shall not be used or pledged for any
other purpose as long as any of these bonds are outstanding
and unpaid. [2008 c 122 § 14; 1984 c 7 § 265; 1961 c 13 §
47.56.240. Prior: 1937 c 173 § 9; RRS § 6524-9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.242 Liquidation and closure of facility
accounts upon removal of tolls—Transfer to motor vehicle fund. The department is authorized to liquidate and close
toll facility trust and other facility accounts established outside the state treasury under chapter 47.56 RCW after the
removal of tolls from the facility for which the accounts were
established. Any balance remaining in the accounts shall
thereupon be transferred to the motor vehicle fund. In addition, the department may, after the removal of tolls from a
particular facility or facilities, require that all moneys transferred to the place of payment named in the revenue bonds,
for the purpose of paying principal or interest or for redemption of the bonds not then expended for such purpose, be
returned to the state treasurer for deposit in the motor vehicle
fund. [1984 c 7 § 266; 1967 ex.s. c 145 § 48.]
47.56.242
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.243 Liquidation and closure of facility
accounts upon removal of tolls—Satisfaction of claims.
After transfer of such moneys pursuant to RCW 47.56.242,
all valid claims against such accounts, including proper
claims for refunds for unused commute media and other prepaid toll fees, may be satisfied, and any outstanding bonds or
any coupons may be redeemed by payment from the motor
vehicle fund upon proper application to and approval by the
department of transportation.
Neither the provisions of this section nor of RCW
47.56.242 shall be construed to preclude any remedy otherwise available to bond owners or coupon holders. [1983 c
167 § 119; 1967 ex.s. c 145 § 49.]
47.56.243
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
47.56.240
47.56.240 Toll bridges—Fixing of toll rates authorized—Lien of bonds on revenue. Except as otherwise provided in RCW 47.56.850, the commission is hereby empowered to fix the rates of toll and other charges for all toll
bridges built under the terms of this chapter. Toll charges so
fixed may be changed from time to time as conditions warrant. The commission, in establishing toll charges, shall give
due consideration to the cost of operating and maintaining
such toll bridge or toll bridges including the cost of insurance, and to the amount required annually to meet the
redemption of bonds and interest payments on them. The
tolls and charges shall be at all times fixed at rates to yield
annual revenue equal to annual operating and maintenance
expenses including insurance costs and all redemption payments and interest charges of the bonds issued for any particular toll bridge or toll bridges as the bonds become due. The
bond redemption and interest payments constitute a first
direct charge and lien on all such tolls and other revenues and
interest thereon. Sinking funds created therefrom received
from the use and operation of the toll bridge or toll bridges,
(2008 Ed.)
47.56.245 Toll charges retained until costs paid. The
department shall retain toll charges on all existing and future
facilities until all costs of investigation, financing, acquisition
of property, and construction advanced from the motor vehicle fund, and obligations incurred under RCW 47.56.250 and
chapter 16, Laws of 1945 have been fully paid.
(1) Except as provided in subsection (2) of this section,
with respect to every facility completed after March 19,
1953, costs of maintenance and operation shall be paid periodically out of the revenues of the facility in which such costs
were incurred.
(2) Where a state toll facility is constructed under chapter 47.46 RCW adjacent to or within two miles of an existing
bridge that was constructed under this chapter, revenue from
the toll facility may not be used to pay for costs of maintenance on the existing bridge. [2002 c 114 § 23; 1984 c 7 §
267; 1965 ex.s. c 170 § 53; 1961 c 13 § 47.56.245. Prior:
1953 c 220 § 6.]
47.56.245
Finding—Intent—2002 c 114: See RCW 47.46.011.
[Title 47 RCW—page 179]
47.56.247
Title 47 RCW: Public Highways and Transportation
Captions not law—2002 c 114: See note following RCW 47.46.011.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.247 Credit permits for vehicular passage. The
department may issue permits for the passage of vehicles on
any or all of its toll bridges, toll tunnels, toll roads, or for the
Washington state ferry system on a credit basis upon such
terms and conditions as the department deems proper. [1984
c 7 § 268; 1961 c 258 § 1.]
47.56.247
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 258: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 258 § 3.]
47.56.248 Credit permits for vehicular passage—
Cash deposit or bond—Revocation of permit. The department may require the holder of the permit to furnish to and
maintain in force with the department a cash deposit or a corporate surety bond. The department may require the holder of
the permit to increase the amount of cash bond, or to furnish
an additional surety bond, or may reduce the amount of the
cash bond or surety bond required, as the amount of charges
incurred and regularity of payment warrant, or may revoke
any permit granted for failure of the holder to comply with
any of its terms. [1984 c 7 § 269; 1961 c 258 § 2.]
47.56.248
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 258: See note following RCW 47.56.247.
47.56.250 Contributions by the state or political subdivision—Bonds—Repayment. Whenever a proposed toll
bridge, toll road, toll tunnel, or any other toll facility of any
sort is to be constructed, any city, county, or other political
subdivision located in relation to such facility so as to benefit
directly or indirectly thereby, may, either jointly or separately, at the request of the transportation commission
advance or contribute money, or bonds, rights-of-way, labor,
materials, and other property toward the expense of building
the toll facility, and for preliminary surveys and the preparation of plans and estimates of cost therefor and other preliminary expenses. Any such city, county, or other political subdivision may, either jointly or separately, at the request of the
transportation commission advance or contribute money or
bonds for the purpose of guaranteeing the payment of interest
or principal on the bonds issued by the commission to finance
the toll facility. Appropriations for such purposes may be
made from any funds available, including county road funds
received from or credited by the state, or funds obtained by
excess tax levies made pursuant to law or the issuance of general obligation bonds for this purpose. General obligation
bonds issued by a city, county, or political subdivision may
with the consent of the commission be placed with the department of transportation to be sold by the department to provide
funds for such purpose. Money, or bonds, or property so
advanced or contributed may be immediately transferred or
delivered to the department to be used for the purpose for
which contribution was made. The commission may enter
into an agreement with a city, county, or other political subdivision to repay any money, or bonds or the value of a rightof-way, labor, materials, or other property so advanced or
contributed. The commission may make such repayment to a
47.56.250
[Title 47 RCW—page 180]
city, county, or other political subdivision and reimburse the
state for any expenditures made by it in connection with the
toll facility out of tolls and other revenues for the use of the
toll facility. [1977 ex.s. c 151 § 71; 1961 c 13 § 47.56.250.
Prior: 1959 c 162 § 1; 1955 c 166 § 1; 1937 c 173 § 12; RRS
§ 6524-12.]
47.56.253 Permits, leases, licenses to governmental
entities to use property of toll facility or ferry system. If
the department deems it in the public interest and not inconsistent with the use and operation of the toll facility involved,
the department may on application therefor issue a permit,
lease, or license to the state, or to any city, county, port district, or other political subdivision or municipal corporation
of the state to use any portion of the property of any toll
bridge, toll road, toll tunnel, or Washington state ferry system
upon such terms and conditions as the department may prescribe. [1984 c 7 § 270; 1961 c 257 § 2.]
47.56.253
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 257 § 7.]
47.56.254 Sale of unneeded property—Authorized—
Rules. If the secretary of transportation determines that any
real property (including lands, improvements thereon, and
any interests or estates) originally acquired for toll facility
purposes is no longer required for purposes of the department, the department shall offer it for sale as authorized by
RCW 47.12.063 or 47.12.283. The department may adopt
rules further implementing this section. [1979 ex.s. c 189 §
4; 1977 ex.s. c 151 § 72; 1973 1st ex.s. c 177 § 3; 1961 c 257
§ 3.]
47.56.254
Effective date—1979 ex.s. c 189: See note following RCW 47.12.283.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.255 Sale of unneeded property—Certification
to governor—Execution, delivery of deed. When full payment for real property agreed to be sold as authorized by
RCW 47.56.254 has been received, the department may certify this fact to the governor, with a description of the land
and terms of the sale, and the governor may execute and the
secretary of state shall attest the deed and deliver it to the
grantee. [1984 c 7 § 271; 1973 1st ex.s. c 177 § 4; 1961 c 257
§ 4.]
47.56.255
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.256 Franchises for utility, railway, urban public transportation purposes. If the department deems it not
inconsistent with the use and operation of any department
facility, the department may grant franchises to persons,
associations, private or municipal corporations, the United
States government, or any agency thereof, to use any portion
of the property of any toll bridge, toll road, toll tunnel, or the
Washington state ferry system, including approaches thereto,
for the construction and maintenance of water pipes, flumes,
gas pipes, telephone, telegraph, and electric light and power
lines and conduits, trams or railways, any structures or facili47.56.256
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
ties that are part of an urban public transportation system
owned or operated by a municipal corporation, agency, or
department of the state of Washington other than the department of transportation, and any other such facilities in the
manner of granting franchises on state highways. [1984 c 7 §
272; 1967 c 108 § 12; 1961 c 257 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: See note following RCW 47.56.253.
Urban public transportation system defined: RCW 47.04.082.
47.56.257 Deposit of moneys received under RCW
47.56.253 through 47.56.256. Any moneys received pursuant to the provisions of RCW 47.56.253 through 47.56.256
shall be deposited into the separate and proper trust fund with
the state treasurer established for the respective toll facility.
[1979 ex.s. c 189 § 5; 1961 c 257 § 6.]
47.56.257
Effective date—1979 ex.s. c 189: See note following RCW 47.12.283.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.258 Notification requirements. Actions under
this chapter are subject to the notification requirements of
RCW 43.17.400. [2007 c 62 § 10.]
47.56.258
Finding—Intent—Severability—2007 c 62: See notes following
RCW 43.17.400.
47.56.270 1950 Tacoma Narrows bridge part of primary highways. The 1950 Tacoma Narrows bridge in chapter 47.17 RCW made a part of the primary state highways of
the state of Washington shall, upon completion, be operated,
maintained, kept up, and repaired by the department in the
manner provided in this chapter, and the cost of such operation, maintenance, upkeep, and repair shall be paid from
funds appropriated for the use of the department for the construction and maintenance of the primary state highways of
the state of Washington. This section does not apply to that
portion of the Tacoma Narrows bridge facility first opened to
traffic after June 13, 2002. [2005 c 335 § 4; 2002 c 114 § 20;
1983 c 3 § 129; 1961 c 13 § 47.56.270. Prior: 1939 c 5 § 4;
RRS § 6524-3a.]
47.56.270
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.56.271 1950 Tacoma Narrows bridge toll-free—
Exception. Except as otherwise provided in this section, the
1950 Tacoma Narrows bridge hereinbefore by the provisions
of RCW 47.17.065 and 47.56.270 made a part of the primary
state highways of the state shall be operated and maintained
by the department as a toll-free facility at such time as the
bonded indebtedness relating to the construction of the 1950
Tacoma Narrows bridge is wholly retired and tolls equaling
the indebtedness of the toll bridge authority incurred for the
construction of the 1950 Tacoma Narrows bridge to the
county of Pierce have been collected. Toll charges may be
imposed upon the 1950 Tacoma Narrows bridge only if that
bridge is included as part of a public toll bridge facility that
includes an additional toll bridge adjacent to the 1950
Tacoma Narrows bridge and constructed under RCW
47.46.080. [2002 c 114 § 21; 1983 c 3 § 130; 1965 c 50 § 1.]
47.56.403
47.56.366 Hood Canal bridge—Public sport fishing—Disclaimer of liability. The department may permit
public sport fishing from the Hood Canal bridge. The department may adopt rules governing public use of the bridge for
sport fishing to the end that such activity shall not interfere
with the primary use and operation of the bridge as a highway
facility. Notwithstanding the provisions of RCW 4.92.090 or
any other statute imposing liability upon the state of Washington, the state hereby disclaims any liability arising out of
loss or injury in connection with the public use of the Hood
Canal bridge for sport fishing purposes. [1984 c 7 § 277;
1963 c 240 § 2.]
47.56.366
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.401 High occupancy toll lanes defined. For the
purposes of RCW 46.61.165, 47.56.403, and 47.66.090,
"high occupancy toll lanes" means one or more lanes of a
highway that charges tolls as a means of regulating access to
or the use of the facility, to maintain travel speed and reliability. Supporting facilities include, but are not limited to,
approaches, enforcement areas, improvements, buildings,
and equipment. [2005 c 312 § 2.]
47.56.401
Intent—2005 c 312: "The legislature recognizes that the Puget Sound
region is faced with growing traffic congestion and has limited ability to
expand freeway capacity due to financial, environmental, and physical constraints. Freeway high occupancy vehicle lanes have been an effective
means of providing transit, vanpools, and carpools with a fast trip on congested freeway corridors, but in many cases, these lanes are themselves getting crowded during the peak commute times, while some are being
underused at off-peak times.
It is the intent of the legislature to maximize the effectiveness and efficiency of the freeway system. To evaluate methods to accomplish this, it is
beneficial to evaluate alternative approaches to managing the use of freeway
high occupancy vehicle lanes, including pilot projects to determine and demonstrate the effectiveness and benefits of implementing high occupancy toll
lanes. The legislature acknowledges that state route 167 provides an ideal
test of the high occupancy toll lane concept because it is a congested corridor, it has underused capacity in the high occupancy vehicle lane, and it has
adequate right-of-way for improvements needed to test the concept. Therefore, it is the intent of this act to direct that the department of transportation,
as a pilot project, develop and operate a high occupancy toll lane on state
route 167 in King county and to conduct an evaluation of that project to
determine impacts on freeway efficiency, effectiveness for transit, feasibility
of financing improvements through tolls, and the impacts on freeway users."
[2005 c 312 § 1.]
Captions—2005 c 312: "Section captions used in this act are not any
part of the law." [2005 c 312 § 9.]
47.56.271
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
(2008 Ed.)
47.56.403 High occupancy toll lane pilot project. (1)
The department may provide for the establishment, construction, and operation of a pilot project of high occupancy toll
lanes on state route 167 high occupancy vehicle lanes within
King county. The department may issue, buy, and redeem
bonds, and deposit and expend them; secure and remit financial and other assistance in the construction of high occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high occupancy toll lane pilot project.
(2) Tolls for high occupancy toll lanes will be established as follows:
(a) The schedule of toll charges for high occupancy toll
lanes must be established by the transportation commission
and collected in a manner determined by the commission.
(b) Toll charges shall not be assessed on transit buses
and vanpool vehicles owned or operated by any public
agency.
47.56.403
[Title 47 RCW—page 181]
47.56.600
Title 47 RCW: Public Highways and Transportation
(c) The department shall establish performance standards for the state route 167 high occupancy toll lane pilot
project. The department must automatically adjust the toll
charge, using dynamic tolling, to ensure that toll-paying single-occupant vehicle users are only permitted to enter the
lane to the extent that average vehicle speeds in the lane
remain above forty-five miles per hour at least ninety percent
of the time during peak hours. The toll charge may vary in
amount by time of day, level of traffic congestion within the
highway facility, vehicle occupancy, or other criteria, as the
commission may deem appropriate. The commission may
also vary toll charges for single-occupant inherently lowemission vehicles such as those powered by electric batteries,
natural gas, propane, or other clean burning fuels.
(d) The commission shall periodically review the toll
charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway
facilities.
(3) The department shall monitor the state route 167 high
occupancy toll lane pilot project and shall annually report to
the transportation commission and the legislature on operations and findings. At a minimum, the department shall provide facility use data and review the impacts on:
(a) Freeway efficiency and safety;
(b) Effectiveness for transit;
(c) Person and vehicle movements by mode;
(d) Ability to finance improvements and transportation
services through tolls; and
(e) The impacts on all highway users. The department
shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, socioeconomic, and demographic information
within the corridor in order to ascertain actual and perceived
questions of equitable use of the facility.
(4) The department shall modify the pilot project to
address identified safety issues and mitigate negative impacts
to high occupancy vehicle lane users.
(5) Authorization to impose high occupancy vehicle tolls
for the state route 167 high occupancy toll pilot project
expires if either of the following two conditions apply:
(a) If no contracts have been let by the department to
begin construction of the toll facilities associated with this
pilot project within four years of July 24, 2005; or
(b) Four years after toll collection begins under this section.
(6) The department of transportation shall adopt rules
that allow automatic vehicle identification transponders used
for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington
state ferry system, other public transportation systems, or
other toll collection systems to the extent that technology permits.
(7) The conversion of a single existing high occupancy
vehicle lane to a high occupancy toll lane as proposed for SR167 must be taken as the exception for this pilot project.
(8) A violation of the lane restrictions applicable to the
high occupancy toll lanes established under this section is a
traffic infraction.
(9) Procurement activity associated with this pilot
project shall be open and competitive in accordance with
chapter 39.29 RCW. [2005 c 312 § 3.]
[Title 47 RCW—page 182]
Intent—Captions—2005 c 312: See notes following RCW 47.56.401.
47.56.600 Naches Pass tunnel—Design. Upon adoption of the financing plan the commission and the authority,
acting jointly, shall forthwith proceed to make the design for
the entire project. [1961 c 13 § 47.56.600. Prior: 1959 c 292
§ 4.]
47.56.600
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "commission" and "authority" mean department of
transportation; see RCW 47.04.015.
47.56.711 Spokane river bridges. The state highway
bridge across the Spokane river in the vicinity of Trent Avenue in Spokane shall be known and designated as the James
E. Keefe bridge.
After September 1, 1990, ownership of the Spokane river
toll bridge, known as the Maple Street bridge, shall revert to
the city of Spokane. [1990 c 42 § 401; 1979 c 131 § 1.]
47.56.711
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—1979 c 131: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1979 c 131 § 11.]
47.56.720 Puget Island-Westport ferry—Payments
for operation and maintenance to Wahkiakum county—
Toll-free operation and provision of rest room facilities,
when. (1) The legislature finds that the ferry operated by
Wahkiakum county between Puget Island and Westport on
the Columbia river provides service which is primarily local
in nature with secondary benefits to the state highway system
in providing a bypass for state route 4 and providing the only
crossing of the Columbia river between the Astoria-Megler
bridge and the Longview bridge.
(2) The department is hereby authorized to enter into a
continuing agreement with Wahkiakum county pursuant to
which the department shall pay to Wahkiakum county from
moneys appropriated for such purpose monthly amounts not
to exceed eighty percent of the operating and maintenance
deficit with a maximum not to exceed the amount appropriated for that biennium to be used in the operation and maintenance of the Puget Island ferry, commencing July 1, 1992.
(3) The annual deficit, if any, incurred in the operation
and maintenance of the ferry shall be determined by Wahkiakum county subject to the approval of the department. If
eighty percent of the deficit for the preceding fiscal year
exceeds the total amount paid to the county for that year, the
additional amount shall be paid to the county by the department upon the receipt of a properly executed voucher. The
total of all payments to the county in any biennium shall not
exceed the amount appropriated for that biennium. The fares
established by the county shall be comparable to those used
for similar runs on the state ferry system.
(4) Whenever, subsequent to June 9, 1977, state route 4
between Cathlamet and Longview is closed to traffic pursuant to chapter 47.48 RCW due to actual or potential slide conditions and there is no suitable, reasonably short alternate
state route provided, Wahkiakum county is authorized to
operate the Puget Island ferry on a toll-free basis during the
entire period of such closure. The state’s share of the ferry
47.56.720
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
operations and maintenance deficit during such period shall
be one hundred percent.
(5) Whenever state route 4 between Cathlamet and
Longview is closed to traffic, as mentioned in subsection (4)
hereof, the state of Washington shall provide temporary rest
room facilities at the Washington ferry landing terminal.
[1992 c 82 § 1; 1987 c 368 § 1; 1984 c 7 § 285; 1977 c 11 §
1; 1973 2nd ex.s. c 26 § 1; 1971 ex.s. c 254 § 1.]
47.56.771
Effective date—1977 c 51: "This 1977 amendatory act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1977." [1977 c 51 § 4.]
Severability—1977 c 51: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 51 § 3.]
47.56.730 "No Smoking" areas on ferries—Establishment directed. The legislature finds that the public
health, safety, and welfare require that "No Smoking" areas
be established on all state ferries since there is a significant
number of our citizens who are nonsmokers. The department
is hereby authorized and directed to adopt rules pursuant to
the administrative procedure act, chapter 34.05 RCW, to
establish and clearly designate areas on all state operated ferries that are expressly reserved for use by nonsmokers. [1984
c 7 § 287; 1974 ex.s. c 10 § 1.]
47.56.730
Effective date—1987 c 368: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 368 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1973 2nd ex.s. c 26: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect October 1, 1973." [1973 2nd ex.s. c 26 § 3.]
47.56.725 County ferries—Deficit reimbursements—
Capital improvement funds. (1) The department is hereby
authorized to enter into a continuing agreement with Pierce,
Skagit, and Whatcom counties pursuant to which the department shall, from time to time, direct the distribution to each
of the counties the amounts authorized in subsection (2) of
this section in accordance with RCW 46.68.090.
(2) The department is authorized to include in each
agreement a provision for the distribution of funds to each
county to reimburse the county for fifty percent of the deficit
incurred during each previous fiscal year in the operation and
maintenance of the ferry system owned and operated by the
county. The total amount to be reimbursed to Pierce, Skagit,
and Whatcom counties collectively shall not exceed one million dollars in any biennium. Each county agreement shall
contain a requirement that the county shall maintain tolls on
its ferries at least equal to tolls in place on January 1, 1990.
(3) The annual fiscal year operating and maintenance
deficit, if any, shall be determined by Pierce, Skagit, and
Whatcom counties subject to review and approval of the
department. The annual fiscal year operating and maintenance deficit is defined as the total of operations and maintenance expenditures less the sum of ferry toll revenues and
that portion of fuel tax revenue distributions which are attributable to the county ferry as determined by the department.
Distribution of the amounts authorized by subsection (2) of
this section by the state treasurer shall be directed by the
department upon the receipt of properly executed vouchers
from each county.
(4) The county road administration board may evaluate
requests by Pierce, Skagit, Wahkiakum, and Whatcom counties for county ferry capital improvement funds. The board
shall evaluate the requests and, if approved by a majority of
the board, submit the requests to the legislature for funding
out of the amounts available under *RCW 46.68.090(1)(j).
Any county making a request under this subsection shall first
seek funding through the public works trust fund, or any
other available revenue source, where appropriate. [1999 c
269 § 12; 1991 c 310 § 1; 1984 c 7 § 286; 1977 c 51 § 2;
1975-’76 2nd ex.s. c 57 § 2; 1975 1st ex.s. c 21 § 1.]
47.56.725
*Reviser’s note: RCW 46.68.090 was amended by 2003 c 361 § 403,
changing subsection (1)(j) to subsection (2)(h).
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1984 c 7: See note following RCW 47.01.141.
(2008 Ed.)
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.770 Refunding bonds—Authorized. The state
finance committee is authorized to issue refunding bonds and
use other available money to refund, defease, and redeem all
of those toll bridge authority, ferry, and Hood Canal bridge
refunding revenue bonds under RCW 47.56.771 through
47.56.774. [1993 c 4 § 2.]
47.56.770
Legislative declaration—1993 c 4: "It is declared that it is in the best
interest of the state to modify the debt service and reserve requirements,
sources of payment, covenants, and other terms of the outstanding toll bridge
authority, ferry, and Hood Canal bridge refunding revenue bonds." [1993 c
4 § 1.]
Effective date—1993 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 12, 1993]." [1993 c 4 § 11.]
47.56.771 Refunding bonds—General obligation—
Signatures, negotiability—Payment of principal and
interest—Pledge of excise taxes. (1) The refunding bonds
authorized under RCW 47.56.770 shall be general obligation
bonds of the state of Washington and shall be issued in a total
principal amount not to exceed fifteen million dollars. The
exact amount of refunding bonds to be issued shall be determined by the state finance committee after calculating the
amount of money deposited with the trustee for the bonds to
be refunded which can be used to redeem or defease outstanding toll bridge authority, ferry, and Hood Canal bridge
revenue bonds after the setting aside of sufficient money
from that fund to pay the first interest installment on the
refunding bonds. The refunding bonds shall be serial in form
maturing at such time, in such amounts, having such denomination or denominations, redemption privileges, and having
such terms and conditions as determined by the state finance
committee. The last maturity date of the refunding bonds
shall not be later than January 1, 2002.
(2) The refunding bonds shall be signed by the governor
and the state treasurer under the seal of the state, which signatures shall be made manually or in printed facsimile. The
bonds shall be registered in the name of the owner in accordance with chapter 39.46 RCW. The refunding bonds shall
distinctly state that they are a general obligation of the state
of Washington, shall pledge the full faith and credit of the
47.56.771
[Title 47 RCW—page 183]
47.56.772
Title 47 RCW: Public Highways and Transportation
state, and shall contain an unconditional promise to pay the
principal thereof and the interest thereon when due. The
refunding bonds shall be fully negotiable instruments.
(3) The principal and interest on the refunding bonds
shall be first payable in the manner provided in this section
from the proceeds of state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW.
(4) The principal of and interest on the refunding bonds
shall be paid first from the state excise taxes on motor vehicle
and special fuels deposited in the ferry bond retirement fund.
There is hereby pledged the proceeds of state excise taxes on
motor vehicle and special fuels imposed under chapters 82.36
and 82.38 RCW to pay the refunding bonds and interest
thereon, and the legislature hereby agrees to continue to
impose the same excise taxes on motor vehicle and special
fuels in amounts sufficient to pay, when due, the principal
and interest on the refunding bonds. Not less than fifteen days
prior to the date any interest or principal and interest payments are due, the state finance committee shall certify to the
state treasurer such amount of additional money as may be
required for debt service, and the treasurer shall thereupon
transfer from the motor vehicle fund such amount from the
proceeds of such excise taxes into the ferry bond retirement
fund. Any proceeds of such excise taxes required for these
purposes shall first be taken from that portion of the motor
vehicle fund which results from the imposition of the excise
taxes on motor vehicle and special fuels and which is distributed to the Puget Sound capital construction account. If the
proceeds from excise taxes distributed to the state are ever
insufficient to meet the required payments on principal or
interest on the refunding bonds when due, the amount
required to make the payments on the principal or interest
shall next be taken from that portion of the motor vehicle
fund which results from the imposition of excise taxes on
motor vehicle and special fuels and which is distributed to the
state, counties, cities, and towns pursuant to RCW 46.68.090.
Any payments of the principal or interest taken from the
motor vehicle or special fuel tax revenues which are distributable to the counties, cities, and towns shall be repaid from
the first money distributed to the state not required for
redemption of the refunding bonds or interest thereon. The
legislature covenants that it shall at all times provide sufficient revenues from the imposition of such excise taxes to
pay the principal and interest due on the refunding bonds.
[1999 c 269 § 14; 1995 c 274 § 17; 1993 c 4 § 3.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
47.56.772 Refunding bonds—Liquidation of existing
bond funds. Upon the issuance of refunding bonds as authorized by RCW 47.56.770, the department of transportation
may liquidate the existing bond fund and other funds and
accounts established in the proceedings which authorized the
issuance of the outstanding toll bridge authority, ferry, and
Hood Canal bridge refunding revenue bonds and apply the
money contained in those funds and accounts to the defeasance and redemption of outstanding toll bridge authority,
ferry, and Hood Canal refunding revenue bonds, except that
prior to such bond redemption, money sufficient to pay the
first interest installment on the refunding bonds shall be
47.56.772
[Title 47 RCW—page 184]
deposited in the ferry bond retirement fund. Money remaining in such funds not used for such bond defeasance and
redemption or first interest installment on the refunding
bonds shall be transferred to and deposited in the Puget
Sound ferry operations account created under RCW
47.60.530. [1999 c 94 § 25; 1993 c 4 § 4.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
47.56.773 Refunding bonds—Repayment to Puget
Sound capital construction account. Any money appropriated from the Puget Sound capital construction account under
section 10, chapter 4, Laws of 1993 and expended to pay
expenses of issuing the refunding bonds authorized by RCW
47.56.770, and any money in the Puget Sound capital construction account subsequently used to pay principal and
interest on the refunding bonds authorized by RCW
47.56.770 shall be repaid to the Puget Sound capital construction account for use by the department of transportation.
[1993 c 4 § 5.]
47.56.773
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
47.56.774 Various bond issues—Charge against fuel
tax revenues. Except as otherwise provided by statute, the
refunding bonds issued under authority of RCW 47.56.770,
the bonds authorized by RCW 47.60.560 through 47.60.640,
the bonds authorized by RCW 47.26.420 through 47.26.427,
and any general obligation bonds of the state of Washington
which have been or may be authorized by the legislature after
the enactment of those sections and which pledge motor vehicle and special fuel excise taxes for the payment of principal
thereof and interest thereon shall be an equal charge and lien
against the revenues from such motor vehicle and special fuel
excise taxes. [1993 c 4 § 6.]
47.56.774
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
47.56.780 New ferry vessel construction for service
on routes that require a vessel that carries no more than
one hundred motor vehicles—How constructed—Warranty work. (1) The department shall construct one or more
new ferry vessels for service on routes that require a vessel
that carries no more than one hundred motor vehicles. The
department shall include in the procurement of the new vessels a requirement that the vessels be constructed within the
boundaries of the state of Washington, except that equipment
furnished by the state and components, products, and systems
that are standard manufactured items are not subject to the instate requirement under this subsection.
(2) For purposes of this section, "constructed" means:
The fabrication, by the joining together by welding or fastening, of all steel parts from which the total vessel is constructed including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means (a) the installation of all
components and systems including, but not limited to, equipment and machinery, castings, electrical, electronics, deck
covering, lining, paint, and joiner work required by the con47.56.780
(2008 Ed.)
State Toll Bridges, Tunnels, and Ferries
tract and (b) the interconnection of all equipment, machinery,
and services, such as piping, wiring, and ducting.
(3) The procurement of the new ferry vessels must also
include a requirement that all warranty work on the vessels be
performed within the boundaries of the state of Washington,
insofar as practicable. [2008 c 4 § 2.]
Findings—2008 c 4: "Washington’s marine highways provide vital
transportation links between communities. Citizens, businesses, and visitors
depend on the state’s ferry system to provide safe, dependable auto and passenger service in order to conduct daily life and commerce activities. On
November 20, 2007, the secretary of the department of transportation
ordered the eighty-year old steel electric class vessels to be immediately
removed from service because previously undetected corrosion and pitting in
the vessel hulls posed a risk to the safety of passengers and crew. The emergency removal of the state ferry system’s steel electric class vessels has
imposed a significant hardship on the citizens and businesses served by those
vessels. Therefore, an expedited procurement is required for the construction of new vessels to fully restore service to routes previously served by the
steel electric class vessels." [2008 c 4 § 1.]
Effective date—2008 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 14, 2008]." [2008 c 4 § 3.]
47.56.785 Authority to collect tolls on existing or
replacement state route number 520 bridge—Toll charge
schedule. (1) Following the submission of the report
required in section 6, chapter 270, Laws of 2008, the department may seek authorization from the legislature to collect
tolls on the existing state route number 520 bridge or on a
replacement state route number 520 bridge.
(2) The schedule of toll charges must be established by
the transportation commission and collected in a manner
determined by the department. [2008 c 270 § 4.]
47.56.785
47.56.830
The legislature also intends that while the transportation
commission, as the toll-setting authority, may set toll rates
for facilities, corridors, or systems thereof, the legislature
reserves the authority to impose tolls on any state transportation route or facility. Similarly, local or quasi-local entities
that retain the power to impose tolls may do so as long as the
effect of those tolls on the state highway system is consistent
with the policy guidelines detailed in chapter 122, Laws of
2008. If the imposition of tolls could have an impact on state
facilities, the state tolling authority must review and approve
such tolls. [2008 c 122 § 1.]
47.56.810 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise:
(1) "Tolling authority" means the governing body that is
legally empowered to review and adjust toll rates. Unless
otherwise delegated, the transportation commission is the
tolling authority for all state highways.
(2) "Eligible toll facility" or "eligible toll facilities"
means portions of the state highway system specifically identified by the legislature including, but not limited to, transportation corridors, bridges, crossings, interchanges, onramps, off-ramps, approaches, bistate facilities, and interconnections between highways.
(3) "Toll revenue" or "revenue from an eligible toll facility" means toll receipts, all interest income derived from the
investment of toll receipts, and any gifts, grants, or other
funds received for the benefit of the eligible toll facility.
[2008 c 122 § 3.]
47.56.810
47.56.820 Imposition of tolls on eligible toll facilities—Who may authorize, revenue expenditures. (1)
Unless otherwise delegated, only the legislature may authorize the imposition of tolls on eligible toll facilities.
(2) All revenue from an eligible toll facility must be used
only to construct, improve, preserve, maintain, manage, or
operate the eligible toll facility on or in which the revenue is
collected. Expenditures of toll revenues are subject to appropriation and must be made only:
(a) To cover the operating costs of the eligible toll facility, including necessary maintenance, preservation, administration, and toll enforcement by public law enforcement
within the boundaries of the facility;
(b) To meet obligations for the repayment of debt and
interest on the eligible toll facilities, and any other associated
financing costs including, but not limited to, required
reserves and insurance;
(c) To meet any other obligations to provide funding
contributions for any projects or operations on the eligible
toll facilities;
(d) To provide for the operations of conveyances of people or goods; or
(e) For any other improvements to the eligible toll facilities. [2008 c 122 § 4.]
47.56.820
Finding—2008 c 270: See note following RCW 47.01.408.
47.56.790 Interstate 90 floating bridge tolls—Federal
authorization—Report. The department shall work with
the federal highways administration to determine the necessary actions for receiving federal authorization to toll the
Interstate 90 floating bridge. The department must periodically report the status of those discussions to the governor
and the joint transportation committee. [2008 c 270 § 5.]
47.56.790
Finding—2008 c 270: See note following RCW 47.01.408.
TOLL FACILITIES CREATED AFTER JULY 1, 2008
47.56.805 Finding—Intent. The legislature finds and
declares that it is the policy of the state of Washington to use
tolling to provide a source of transportation funding and to
encourage effective use of the transportation system.
The legislature intends that the policy framework created
by chapter 122, Laws of 2008 will guide subsequent legislation and decisions regarding the tolling of specific facilities
and corridors. For each state-owned facility or corridor, the
legislature intends that it will authorize the budget and
finance plan. Specific issues that may be addressed in the
finance plan and budget authorization legislation include the
amount of financing required for a facility or corridor, the
budget for any construction and operations financed by tolling, whether and how variable pricing will be applied, and the
timing of tolling.
47.56.805
(2008 Ed.)
47.56.830 Policy guidelines for eligible toll facility
proposals. Any proposal for the establishment of eligible
toll facilities shall consider the following policy guidelines:
47.56.830
[Title 47 RCW—page 185]
47.56.840
Title 47 RCW: Public Highways and Transportation
(1) Overall direction. Washington should use tolling to
encourage effective use of the transportation system and provide a source of transportation funding.
(2) When to use tolling. Tolling should be used when it
can be demonstrated to contribute a significant portion of the
cost of a project that cannot be funded solely with existing
sources or optimize the performance of the transportation
system. Such tolling should, in all cases, be fairly and equitably applied in the context of the statewide transportation
system and not have significant adverse impacts through the
diversion of traffic to other routes that cannot otherwise be
reasonably mitigated. Such tolling should also consider relevant social equity, environmental, and economic issues, and
should be directed at making progress toward the state’s
greenhouse gas reduction goals.
(3) Use of toll revenue. All revenue from an eligible toll
facility must be used only to improve, preserve, manage, or
operate the eligible toll facility on or in which the revenue is
collected. Additionally, toll revenue should provide for and
encourage the inclusion of recycled and reclaimed construction materials.
(4) Setting toll rates. Toll rates, which may include variable pricing, must be set to meet anticipated funding obligations. To the extent possible, the toll rates should be set to
optimize system performance, recognizing necessary tradeoffs to generate revenue.
(5) Duration of toll collection. Because transportation
infrastructure projects have costs and benefits that extend
well beyond those paid for by initial construction funding,
tolls on future toll facilities may remain in place to fund additional capacity, capital rehabilitation, maintenance, management, and operations, and to optimize performance of the
system. [2008 c 122 § 5.]
(b) Review toll collection policies, toll operations policies, and toll revenue expenditures on the eligible toll facilities and report annually on this review to the legislature.
(2) The tolling authority, in determining toll rates, shall
consider the policy guidelines established in RCW
47.56.830.
(3) Unless otherwise directed by the legislature, in setting and periodically adjusting toll rates, the tolling authority
must ensure that toll rates will generate revenue sufficient to:
(a) Meet the operating costs of the eligible toll facilities,
including necessary maintenance, preservation, administration, and toll enforcement by public law enforcement;
(b) Meet obligations for the repayment of debt and interest on the eligible toll facilities, and any other associated
financing costs including, but not limited to, required
reserves, minimum debt coverage or other appropriate contingency funding, and insurance; and
(c) Meet any other obligations of the tolling authority to
provide its proportionate share of funding contributions for
any projects or operations of the eligible toll facilities.
(4) The established toll rates may include variable pricing, and should be set to optimize system performance, recognizing necessary trade-offs to generate revenue for the purposes specified in subsection (3) of this section. Tolls may
vary for type of vehicle, time of day, traffic conditions, or
other factors designed to improve performance of the system.
[2008 c 122 § 7.]
47.56.860 Application. This subchapter applies only to
all state toll bridges and other state toll facilities, excluding
the Washington state ferries, first authorized within this state
after July 1, 2008. [2008 c 122 § 2.]
47.56.860
Chapter 47.58 RCW
EXISTING AND ADDITIONAL BRIDGES
Chapter 47.58
47.56.840
47.56.840 Tolling advisory committee. (1) A tolling
advisory committee may be created at the direction of the
tolling authority for any eligible toll facilities. The tolling
authority shall appoint nine members to the committee, all of
whom must be permanent residents of the affected project
area as defined for each project. Members of the committee
shall serve without receiving compensation.
(2) The tolling advisory committee shall serve in an
advisory capacity to the tolling authority on all matters
related to the imposition of tolls including, but not limited to:
(a) The feasibility of providing discounts; (b) the trade-off of
lower tolls versus the early retirement of debt; and (c) consideration of variable or time of day pricing.
(3) In setting toll rates, the tolling authority shall consider recommendations of the tolling advisory committee.
[2008 c 122 § 6.]
Sections
47.58.010
47.58.020
47.58.030
47.58.040
47.58.050
47.58.060
47.58.070
47.58.080
47.58.090
47.58.900
Improvement of existing bridge and construction of new
bridge as single project—Agreement—Tolls.
Examinations and surveys—Preliminary expenses—Financing.
Construction, operation of bridges—Collection of tolls—
Schedule of charges.
Revenue bonds—Form—Sale—Interim bonds—Deposit of
proceeds.
Revenue bonds—Expenses includable—Conditions—Remedies of bondholders.
Bond resolution—Disposition of income and revenues.
Bonds legal investment for state moneys.
Eminent domain.
Study of projects—Specific authorization of construction and
finance.
Chapter provides additional method.
Bridges over navigable waters: RCW 79.110.110 through 79.110.140.
47.58.010 Improvement of existing bridge and construction of new bridge as single project—Agreement—
Tolls. Whenever the legislature specifically authorizes, as a
single project, the construction of an additional toll bridge,
including approaches, and the reconstruction of an existing
adjacent bridge, including approaches, and the imposition of
tolls on both bridges, the department is authorized to enter
into appropriate agreements whereunder the existing bridge
or its approaches will be reconstructed and improved and an
47.58.010
47.56.850
47.56.850 Transportation commission as state tolling
authority—Toll rates. (1) Unless these powers are otherwise delegated by the legislature, the transportation commission is the tolling authority for the state. The tolling authority
shall:
(a) Set toll rates, establish appropriate exemptions, if
any, and make adjustments as conditions warrant on eligible
toll facilities;
[Title 47 RCW—page 186]
(2008 Ed.)
Existing and Additional Bridges
additional bridge, including approaches and connecting highways will be constructed as a part of the same project to be
located adjacent to or within two miles of the existing bridge
and will be financed through the issuance of revenue bonds of
the same series. The department has the right to impose tolls
for traffic over the existing bridge as well as the additional
bridge for the purpose of paying the cost of operation and
maintenance of the bridge or bridges and the interest on and
creating a sinking fund for retirement of revenue bonds
issued for account of such project, all in the manner permitted
and provided by this chapter. [1984 c 7 § 288; 1961 c 13 §
47.58.010. Prior: 1955 c 208 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.020 Examinations and surveys—Preliminary
expenses—Financing. For the purpose of obtaining information as to the necessity of the reconstruction or improvement of any such bridge and the expediency of constructing
any such additional bridge it is the duty of the department to
make any examination, investigation, survey, or reconnaissance pertaining thereto. The cost of any such examination,
investigation, survey, or reconnaissance, and all preliminary
expenses in the issuance of any revenue bonds, making surveys and appraisals and drafting, printing, issuance, and sale
of bonds under this chapter, shall be advanced by any interested municipality, agency, or department of the state of
Washington. All such advancements shall be reimbursed out
of any proceeds derived from the sale of bonds or out of tolls
and revenues to be derived by the department through its
operations hereunder for account of the project, as may be
agreed upon between the department and the municipality,
agency, or department. [1984 c 7 § 289; 1961 c 13 §
47.58.020. Prior: 1955 c 208 § 2.]
47.58.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.030 Construction, operation of bridges—Collection of tolls—Schedule of charges. Except as otherwise
provided in RCW 47.56.850, the secretary shall have full
charge of the construction of all such improvements and
reconstruction work and the construction of any additional
bridge, including approaches and connecting highways, that
may be authorized under this chapter and the operation of
such bridge or bridges, as well as the collection of tolls and
other charges for services and facilities thereby afforded.
The schedule of charges for the services and facilities shall be
fixed and revised from time to time by the commission so that
the tolls and revenues collected will yield annual revenue and
income sufficient, after payment or allowance for all operating, maintenance, and repair expenses, to pay the interest on
all revenue bonds outstanding under the provisions of this
chapter for account of the project and to create a sinking fund
for the retirement of the revenue bonds at or prior to maturity.
The charges shall be continued until all such bonds and interest thereon and unpaid advancements, if any, have been paid.
[2008 c 122 § 19; 1984 c 7 § 290; 1961 c 13 § 47.58.030.
Prior: 1955 c 208 § 3.]
47.58.030
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.040 Revenue bonds—Form—Sale—Interim
bonds—Deposit of proceeds. For the purpose of paying the
47.58.040
(2008 Ed.)
47.58.050
cost of all or any part of the improvement and reconstruction
work and the construction of any additional bridge,
approaches thereto, and connecting highways, the department is hereby authorized by resolution to issue its revenue
bonds which shall constitute obligations only of the department and shall be payable from any funds available except
revenue from the general fund, including but not limited to
the revenues and income from the operation of the bridge or
bridges constituting the project as may be provided in and by
such resolution. Each such revenue bond shall contain a
recital that payment or redemption of the bond and payment
of the interest thereon is secured by a direct charge and lien
upon the tolls and revenues pledged for that purpose and that
such bond does not constitute an indebtedness of the state of
Washington. Such revenue bonds may bear such date or
dates, may mature at such time or times as the department
shall determine, may bear interest at such rate or rates, may
be in such denomination or denominations, may be in such
form, either coupon or registered, may carry such registration
and conversion privileges, may be made subject to such terms
of redemption with or without premium, and may contain
such other terms and covenants not inconsistent with this
chapter as may be provided in such resolution. Notwithstanding the form or tenor of the bond, and in the absence of an
express recital on its face that the bond is nonnegotiable, each
such revenue bond shall at all times be and shall be treated as
a negotiable instrument for all purposes. All such bonds shall
be signed by the state treasurer and countersigned by the governor, and any interest coupons appertaining thereto shall
bear the signature of the state treasurer. The countersignature
of the governor on the bonds and the signature of the state
treasurer on the coupons may be their printed or lithographed
facsimile signatures. Pending the issuance of definitive
bonds, temporary or interim bonds, certificates, or receipts of
any denomination and with or without coupons attached may
be issued as may be provided by the resolution. All bonds
issued under or by authority of this chapter shall be sold to the
highest and best bidder at such price or prices, at such rate or
rates of interest, and after such advertising for bids as the
department may deem proper, but it may reject any and all
bids so submitted and thereafter sell the bonds so advertised
under such terms and conditions as it deems advantageous.
The purchase price of all bonds issued hereunder shall be
paid to the state treasurer consistent with the provisions of the
resolution pursuant to which the bonds have been issued or to
the trustee designated in the bond resolution and held as a
separate trust fund to be disbursed on the orders of the department. [1984 c 7 § 291; 1973 c 106 § 27; 1970 ex.s. c 56 § 64;
1969 ex.s. c 232 § 78; 1961 c 102 § 1; 1961 c 13 § 47.58.040.
Prior: 1955 c 208 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
47.58.050 Revenue bonds—Expenses includable—
Conditions—Remedies of bondholders. In determining the
amount of bonds required to be issued, there may be included
any expenses incurred or approved by the department in connection with and incidental to the issuance and sale of bonds
and for the preparation of surveys and estimates and making
47.58.050
[Title 47 RCW—page 187]
47.58.060
Title 47 RCW: Public Highways and Transportation
inspections and examinations, required reserves, if any, interest during the estimated construction period and for six
months thereafter, and a reasonable amount for initial operating expenses and prepaid insurance. The department is
hereby empowered to include in any resolution authorizing
the issuance of the bonds such covenants, stipulations, and
conditions as it deems necessary with respect to the continued use and application of the revenues and income from the
bridge or bridges. The holder of any bond or the trustee for
any bonds designated by resolution may by mandamus or
other appropriate proceeding compel performance of any
duties imposed upon any state department, official, or
employee, including any duties imposed upon or undertaken
by the department or its officers, agents, and employees in
connection with any improvement or reconstruction work on
any existing bridge, the construction of any additional bridge,
including approaches and connecting highways provided to
be so constructed, the maintenance and operation of the
bridge or bridges and in connection with the collection,
deposit, investment, application, and disbursement of the
proceeds of the bonds and the revenues and income derived
from the operation of the bridge or bridges. [1984 c 7 § 292;
1961 c 13 § 47.58.050. Prior: 1955 c 208 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.060 Bond resolution—Disposition of income
and revenues. Each resolution providing for the issuance of
revenue bonds shall provide for setting aside the necessary
amounts for the reasonable and proper operation, maintenance, and repair expenses, and shall fix and determine the
amounts to be set apart and applied to the payment of the
interest on and retirement of the revenue bonds. All income
and revenues as collected shall be paid to the state treasurer
for the account of the department as a separate trust fund to be
segregated and set apart for the payment of the revenue
bonds, or may be remitted to and held by a designated trustee
in such manner and with such collateral as may be provided
in the resolution authorizing the issuance of the bonds. [1984
c 7 § 293; 1961 c 13 § 47.58.060. Prior: 1955 c 208 § 6.]
ble to the exercise of the power of eminent domain by the
state. [1984 c 7 § 294; 1961 c 13 § 47.58.080. Prior: 1955 c
208 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.090 Study of projects—Specific authorization
of construction and finance. Under the provisions of this
chapter, projects other than those specifically authorized
herein involving existing bridges may be studied and analyzed by the department, and recommendations therefor may
be submitted to the legislature, but such other projects shall
not be financed or constructed by the department under the
provisions of this chapter until further specific authorization
therefor has been provided by the legislature. [1984 c 7 §
295; 1961 c 13 § 47.58.090. Prior: 1955 c 208 § 11.]
47.58.090
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.900 Chapter provides additional method. This
chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby,
and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in
derogation of any powers existing on June 8, 1955. [1961 c
13 § 47.58.900. Prior: 1955 c 208 § 9.]
47.58.900
47.58.060
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.070 Bonds legal investment for state moneys.
Notwithstanding any other provision of the law, bonds issued
under this chapter shall be legal investments by the state
investment board of any state moneys in its hands, except
permanent school funds. [1981 c 3 § 39; 1961 c 13 §
47.58.070. Prior: 1955 c 208 § 7.]
47.58.070
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
47.58.080 Eminent domain. The department is hereby
authorized and empowered to acquire in the name of the state
by the exercise of the power of eminent domain any lands,
property, rights, rights-of-way, franchises, easements, and
other property of any person, firm, corporation, political subdivision, or other owner, deemed necessary or convenient for
the construction, reconstruction, improvement, and operation
of any project initiated and carried on by the department
under this chapter. The proceedings shall be in accordance
with and subject to the provisions of any and all laws applica47.58.080
[Title 47 RCW—page 188]
Chapter 47.60
Chapter 47.60 RCW
PUGET SOUND FERRY AND
TOLL BRIDGE SYSTEM
Sections
47.60.005
47.60.010
47.60.013
47.60.015
47.60.017
47.60.020
47.60.030
47.60.040
47.60.050
47.60.060
47.60.080
47.60.090
47.60.100
47.60.110
47.60.113
47.60.114
47.60.115
47.60.120
47.60.120
47.60.122
47.60.124
47.60.126
47.60.130
47.60.135
47.60.140
47.60.145
47.60.170
47.60.200
47.60.210
47.60.220
Definitions.
Ferry system, toll bridges, and facilities authorized—Power to
contract, sell, and lease back.
Emergency powers of governor to insure continued operation
of ferry and toll bridge system—Cost reimbursement.
"Washington State Ferries"—Name authorized.
State ferry system a public mass transportation system.
Eminent domain—Condemnation proceedings.
Existing contracts—Prior negotiations and bids validated.
Survey by department.
Improvement of facilities—Financing.
Revenue bonds authorized—Issuance—Conditions—Negotiability—Interim bonds.
Determining amount of bonds to be issued.
Sale of bonds—Deposit, disbursement of proceeds.
Bonds are legal investment for state moneys.
Bondholders may compel performance.
Refunding bonds—Authorization—Amount—Interest—Conditions.
Refunding bonds—Payable from revenues.
Refunding bonds—Disposition—Laws applicable.
Other crossings—Infringement of existing franchises—Waivers (as amended by 2003 c 83).
Other crossings—Infringement of existing franchises—Waivers (as amended by 2003 c 373).
Ferries, terminal facilities—Interim revenue warrants authorized.
Revenue refunding bonds to redeem interim warrants.
Interim warrants and refunding bonds—Laws applicable.
Unit or combined operation—Continuous project—Rental,
charter, lease of system property—Sale of unneeded property.
Charter of state ferries—Hazardous materials.
System as self-liquidating undertaking—Powers of department—Concessions.
Historic ferries—Acquisition by qualified persons or organizations.
Ferries revolving fund—Deposit of excess funds.
Consent to liability not general liability of state.
Seamen may sue for injuries—Venue.
Department as common carrier—Rights and liabilities.
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
47.60.230
47.60.240
47.60.250
47.60.260
47.60.270
47.60.275
47.60.277
47.60.280
47.60.282
47.60.283
47.60.286
47.60.290
47.60.300
47.60.310
47.60.315
47.60.327
47.60.330
47.60.335
47.60.340
47.60.345
47.60.355
47.60.365
47.60.375
47.60.377
47.60.385
47.60.395
47.60.400
47.60.420
47.60.430
47.60.440
47.60.500
47.60.505
47.60.530
47.60.550
47.60.560
47.60.570
47.60.580
47.60.590
47.60.600
47.60.610
47.60.620
47.60.630
47.60.640
47.60.645
47.60.649
47.60.652
47.60.654
47.60.656
47.60.658
47.60.662
47.60.680
47.60.690
47.60.700
47.60.710
47.60.720
47.60.730
47.60.740
47.60.750
47.60.760
47.60.770
(2008 Ed.)
Liability for damages as to persons or property.
Liability to persons other than shippers or passengers—Limitation.
Claim for damages—Filing—Contents—Time limitations.
Payment of claims.
Venue of actions—Enforcement of judgment.
Local law enforcement officers on ferries and terminals.
"No Smoking" areas on state ferries—Establishment directed.
Ferry service—Lummi Island to Orcas Island—Limitation on
operation.
Ferry service between Port Townsend and Keystone—Operation authorized, when.
Ferry service between Port Townsend and Keystone—Purpose.
Ferry user data survey.
State ferries—Review of fares and pricing policies—Proposals.
State ferries—Scope of review—Periodic reviews required.
State ferries—Local expressions—Ferry advisory committees.
Fares and pricing policies—Adoption schedule—Revenues.
Operational strategies for asset utilization.
Public participation—Legislative approval.
Appropriation limitations—Capital program cost allocation.
Vessel maintenance and preservation program—Report.
Life-cycle cost model on capital assets.
Preservation funding requests—Predesign study.
Terminal design standards.
Capital plan.
Vessel rebuild and replacement plan.
Terminal improvement project funding requests—Predesign
study—New vessel acquisition planning.
Evaluation of cost allocation methodology and preservation
and improvement costs.
Refunding bonds authorized, 1961 Act.
Additional revenue bonds, refunding bonds, authorized, 1961
Act—Prior charge against Puget Sound capital construction
account if ferry system revenues insufficient.
Additional revenue bonds, refunding bonds, authorized, 1961
Act—Agreement to continue imposition of certain taxes.
Additional revenue bonds, refunding bonds, authorized, 1961
Act—Ferry system a revenue-producing undertaking—Debt
service—Tolls on ferry system and Hood Canal bridge.
Acquisition of additional ferries—Legislative finding—
Department authority.
Puget Sound capital construction account—Created—Use.
Puget Sound ferry operations account—Created—Use.
Parking or holding area for ferry patrons in conjunction with
municipal off-street parking facilities.
General obligation bonds—Ferries—Authorized—Purposes—Passenger-only vessels—Issuance, sale, and retirement.
Disposition of proceeds from sale of bonds.
Bonds—Terms—Principal and interest payable from proceeds
of state excise taxes on motor vehicle and special fuels.
Repayment of bonds—Fund sources.
Bonds—Powers and duties of state finance committee.
Excess repayment funds—Disposition.
Reimbursements and transfers of funds.
Bonds legal investment for public funds.
Bonds—Equal charge against revenues from motor vehicle
and special fuel excise taxes.
Passenger ferry account.
Passenger-only ferry service—Finding.
Passenger-only ferry service—Vessel and terminal acquisition, procurement, and construction.
Passenger-only ferry service—Contingency.
Passenger-only ferry service—Conveyance of vessels authorized.
Passenger-only ferry service between Vashon and Seattle.
Ferry system collaboration with passenger-only ferry service
providers.
Prequalification of contractors required.
Qualifications of contractor—Rules to assure.
Application for prequalification—Form.
Department authority to obtain information.
Additional investigation—Terms of prequalification—Notice
of nonqualification.
Renewal of prequalification—Nonrenewal or revocation,
notice.
Rejection of bid despite prequalification—Unqualified bidder.
Appeal of refusal, modification, or revocation of prequalification.
Financial information regarding qualifying not public.
Jumbo ferry construction—Notice.
47.60.772
47.60.774
47.60.776
47.60.778
47.60.780
47.60.800
47.60.802
47.60.804
47.60.806
47.60.808
47.60.810
47.60.812
47.60.814
47.60.816
47.60.818
47.60.820
47.60.822
47.60.824
47.60.8241
47.60.830
47.60.005
Jumbo ferry construction—Bidding documents.
Jumbo ferry construction—Procedure on conclusion of evaluation.
Jumbo ferry construction—Contract.
Jumbo ferry construction—Bid deposits—Low bidder claiming error.
Jumbo ferry construction—Propulsion system acquisition.
General obligation bonds—1992 issue—Purpose—Issuance
and sale.
Bonds—1992 issue—Supervision of sale by state finance
committee—Option of short-term obligations.
Bonds—1992 issue—Use of proceeds.
Bonds—1992 issue—Payment of principal and interest from
pledged excise taxes.
Bonds—1992 issue—Payment from ferry bond retirement
fund.
Design-build ferries—Authorized—Phases defined.
Design-build ferries—Notice of request for proposals.
Design-build ferries—Issuance of request for proposals.
Design-build ferries—Phase one.
Design-build ferries—Phase two.
Design-build ferries—Phase three.
Design-build ferries—Notice to proposers not selected—
Appeal.
Design-build ferries—Single best-qualified proposer—Incentives—Proposal negotiations—Compensation.
Findings—Single proposal process for new ferry vessel construction.
Ferry system operation—Fuel purchasing strategies—Report.
Bridges across navigable waters: RCW 79.110.110 through 79.110.140.
Credit permits for vehicular passage: RCW 47.56.247, 47.56.248.
Sale, lease of unneeded toll facility, ferry system property—Franchises for
utility, railway purposes: RCW 47.56.253 through 47.56.257.
Traffic violations and unlawful acts on toll facility or ferry: RCW 46.61.690.
47.60.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adaptive management" means a systematic process
for continually improving management policies and practices
by learning from the outcomes of operational programs.
(2) "Capital plan" means the state ferry system plan
developed by the department as described in RCW
47.06.050(2), reviewed by the commission, and reported to
the transportation committees of the legislature by the commission.
(3) "Capital project" has the same meaning as used in
budget instructions developed by the office of financial management.
(4) "Commission" means the transportation commission
created in RCW 47.01.051.
(5) "Improvement project" has the same meaning as in
the budget instructions developed by the office of financial
management. If the budget instructions do not define
improvement project, then it has the same meaning as "program project" in the budget instructions. If a project meets
both the improvement project and preservation project definitions in this section it must be defined as an improvement
project. New vessel acquisitions must be defined as improvement projects.
(6) "Life-cycle cost model" means that portion of a capital asset inventory system which, among other things, is used
to estimate future preservation needs.
(7) "Maintenance cost" has the same meaning as used in
budget instructions developed by the office of financial management.
(8) "Preservation project" has the same meaning as used
in budget instructions developed by the office of financial
management.
47.60.005
[Title 47 RCW—page 189]
47.60.010
Title 47 RCW: Public Highways and Transportation
(9) "Route" means all ferry sailings from one location to
another, such as the Seattle to Bainbridge route or the Port
Townsend to Keystone route.
(10) "Sailing" means an individual ferry sailing for a
specific route, such as the 5:00 p.m. sailing from Seattle to
Bremerton.
(11) "Travel shed" means one or more ferry routes with
distinct characteristics as determined by the department.
[2008 c 124 § 1; 2007 c 512 § 3.]
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.010 Ferry system, toll bridges, and facilities
authorized—Power to contract, sell, and lease back. The
department is authorized to acquire by lease, charter, contract, purchase, condemnation, or construction, and partly by
any or all of such means, and to thereafter operate, improve,
and extend, a system of ferries on and crossing Puget Sound
and any of its tributary waters and connections thereof, and
connecting with the public streets and highways in the state.
The system of ferries shall include such boats, vessels,
wharves, docks, approaches, landings, franchises, licenses,
and appurtenances as shall be determined by the department
to be necessary or desirable for efficient operation of the ferry
system and best serve the public. Subject to RCW 47.56.820,
the department may in like manner acquire by purchase, condemnation, or construction and include in the ferry system
such toll bridges, approaches, and connecting roadways as
may be deemed by the department advantageous in channeling traffic to points served by the ferry system. In addition to
the powers of acquisition granted by this section, the department is empowered to enter into any contracts, agreements,
or leases with any person, firm, or corporation and to thereby
provide, on such terms and conditions as it shall determine,
for the operation of any ferry or ferries or system thereof,
whether acquired by the department or not.
The authority of the department to sell and lease back
any state ferry, for federal tax purposes only, as authorized by
26 U.S.C., Sec. 168(f)(8) is confirmed. Legal title and all
incidents of legal title to any ferry sold and leased back
(except for the federal tax benefits attributable to the ownership thereof) shall remain in the state of Washington. [2008
c 122 § 20; 1984 c 18 § 1; 1984 c 7 § 296; 1961 c 13 §
47.60.010. Prior: 1949 c 179 § 1; Rem. Supp. 1949 § 658430.]
47.60.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.013 Emergency powers of governor to insure
continued operation of ferry and toll bridge system—Cost
reimbursement. The governor is authorized to take such
actions as may be necessary to insure the continued operation
of the Puget Sound ferry and toll bridge system under any
emergency circumstances which threaten the continued operation of the system. In the event of such an emergency, the
governor may assume all the powers granted by law to the
transportation commission and department of transportation
with respect to the ferry system. In addition, notwithstanding
the provisions of chapters 47.60 and 47.64 RCW, the governor may contract with any qualified persons for the operation
of the Washington state ferry system, or any part thereof, or
for ferry service to be provided by privately owned vessels.
47.60.013
[Title 47 RCW—page 190]
Administrative costs to the office of the governor incurred in
the exercise of this authority shall be reimbursed by the
department. [1981 c 341 § 1.]
Severability—1981 c 341: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 341 § 2.]
47.60.015 "Washington State Ferries"—Name
authorized. The department is authorized to operate its ferry
system under the name: "Washington State Ferries." [1984 c
7 § 297; 1961 c 13 § 47.60.015. Prior: 1953 c 33 § 1.]
47.60.015
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.017 State ferry system a public mass transportation system. The legislature finds and declares that the
state ferry system is a public mass transportation system.
[1974 ex.s. c 105 § 1.]
47.60.017
47.60.020 Eminent domain—Condemnation proceedings. For the purpose of carrying out any or all of the
powers granted in this chapter, the department has the power
of eminent domain for the acquisition of either real or personal property, used or useful for the Puget Sound ferry system. Condemnation pursuant to this chapter shall be the procedure set out in chapter 8.04 RCW. The department may
institute condemnation proceedings in the superior court of
any county or other court of competent jurisdiction in which
any of the property sought to be condemned is located or in
which the owner of any thereof does business, and the court
in any such action has jurisdiction to condemn property
wherever located within the state. It shall not be necessary to
allege or prove any offer to purchase or inability to agree with
the owners thereof for the purchase of any such property in
the proceedings. It is the intention of this section to permit the
consolidation in one action of all condemnation proceedings
necessary to acquire a ferry system and every type of property incident thereto, irrespective of its location within the
state or diversity of ownership. Upon the filing of a petition
for condemnation as provided in this section, the court may
issue an order restraining the removal from the jurisdiction of
the state of any personal property sought to be acquired by
the proceeding during the pendency thereof. The court further
has the power to issue such orders or process as are necessary
to place the department into possession of any property condemned. [1984 c 7 § 298; 1961 c 13 § 47.60.020. Prior: 1949
c 179 § 2; Rem. Supp. 1949 § 6584-31.]
47.60.020
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.030 Existing contracts—Prior negotiations and
bids validated. In any case where the department takes over
any property or properties which are under lease, contract, or
concession, or where the department has heretofore entered
into any contract or negotiation or received any bid for any of
the purposes set forth in this chapter, the department is authorized to continue in effect and carry out any such contract,
lease, or concession or complete any such negotiation or
accept any such bid or any modification of any of them which
appears advantageous to the department without regard to
any limitations or directions as to the manner thereof contained in this chapter. However, this section shall not be con47.60.030
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
strued as requiring the department so to act, but this section is
permissive only and then only in respect to contracts, leases,
concessions, negotiations, or bids existing, entered into, or
received prior to April 1, 1949. [1984 c 7 § 299; 1961 c 13 §
47.60.030. Prior: 1949 c 179 § 7; Rem. Supp. 1949 § 658436.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.040 Survey by department. For the purpose of
obtaining information for the consideration of the department
upon the acquisition of any ferries or ferry facilities or the
construction of any toll bridge under this chapter, the department shall make any examination, investigation, survey, or
reconnaissance for the determination of material facts pertaining thereto.
The cost of any such examination, investigation, survey,
or reconnaissance, and all preliminary expenses leading up to
and resulting in the issuance of any revenue bonds including,
but not being limited to expenses in making surveys and
appraisals and the drafting, printing, issuance, and sale of
bonds under this chapter shall be borne by the department out
of the motor vehicle fund. All such costs and expenses as well
as any thereof heretofore incurred shall be reimbursed to the
motor vehicle fund out of any proceeds derived from the sale
of bonds or out of tolls and revenues to be derived by the
department through its operations hereunder. [1984 c 7 §
300; 1961 c 13 § 47.60.040. Prior: 1949 c 179 § 4, part; Rem.
Supp. 1949 § 6584-33, part.]
47.60.040
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.090
respect to the continued use and application of the income
and revenues from the undertaking.
The revenue bonds may bear such date or dates, may
mature at such time or times as the department determines,
may bear interest at such rate or rates, may be in such denomination or denominations, may be in such form, either coupon
or registered, may carry such registration and conversion
privileges, may be made subject to such terms of redemption
with or without premium, and may contain such other terms
and covenants not inconsistent with this chapter as may be
provided in the resolution. Notwithstanding the form or tenor
thereof, and in the absence of an express recital on the face
thereof that the bond is nonnegotiable, each such revenue
bond shall at all times be and shall be treated as a negotiable
instrument for all purposes. All such bonds shall be signed by
the state treasurer and countersigned by the governor, and
any interest coupons appertaining thereto shall bear the signature of the state treasurer. The countersignature of the governor on the bonds and the signature of the state treasurer on
the coupons may be their printed or lithographed facsimile
signatures.
Pending the issuance of definitive bonds, temporary or
interim bonds, certificates, or receipts of any denomination
and with or without coupons attached may be issued as may
be provided by the resolution. [1984 c 7 § 302; 1973 c 106 §
28; 1970 ex.s. c 56 § 65; 1969 ex.s. c 232 § 34; 1961 c 13 §
47.60.060. Prior: 1949 c 179 § 4, part; Rem. Supp. 1949 §
6584-33, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
47.60.050 Improvement of facilities—Financing.
Any facility that the department acquires or is authorized to
acquire under the provisions of this chapter may be rehabilitated, rebuilt, enlarged, or improved, and the cost thereof may
be paid from the revenues of the system or through the issuance of bonds as hereinafter provided. [1984 c 7 § 301; 1961
c 13 § 47.60.050. Prior: 1949 c 179 § 3, part; Rem. Supp.
1949 § 6584-32, part.]
47.60.050
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.060 Revenue bonds authorized—Issuance—
Conditions—Negotiability—Interim bonds. For the purpose of paying the cost of acquiring by lease, charter, contract, purchase, condemnation, or construction all or any part
of such Puget Sound ferry system, including toll bridges,
approaches, and roadways incidental thereto, and for rehabilitating, rebuilding, enlarging, or improving all or any part of
the system, the department is authorized by resolution to
issue its revenue bonds which shall constitute obligations
only of the department and shall be payable solely and only
from all or such part of the revenues from the operation of the
system as may be provided in and by the resolution.
Each revenue bond shall contain a recital that payment or
redemption of the bond and payment of the interest thereon is
secured by a direct charge and lien upon the tolls and revenues pledged for that purpose and that the bond does not constitute an indebtedness of the state of Washington.
The department is empowered to include in any resolution authorizing the issuance of the bonds such covenants,
stipulations, and conditions as may be deemed necessary with
47.60.060
(2008 Ed.)
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
47.60.080 Determining amount of bonds to be issued.
In determining the amount of bonds required to be issued
there may be included any expenses incurred by the department in connection with and incidental to the issuance and
sale of bonds and for the preparation of surveys and estimates
and making inspections and examinations, interest during the
estimated construction period, and for six months thereafter,
and a reasonable amount for working capital and prepaid
insurance. [1984 c 7 § 303; 1961 c 13 § 47.60.080. Prior:
1949 c 179 § 4, part; Rem. Supp. 1949 § 6584-33, part.]
47.60.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.090 Sale of bonds—Deposit, disbursement of
proceeds. All bonds issued under or by authority of this
chapter shall be sold to the highest and best bidder after such
advertising for bids as the department deems proper. However, the department may reject any and all bids so submitted
and thereafter sell such bonds so advertised under such terms
and conditions as it deems most advantageous to its own
interests. The purchase price of all bonds issued under this
chapter shall be paid to the state treasurer consistent with the
provisions of the resolution pursuant to which the bonds have
been issued or to the trustee designated in the bond resolution
and held as a separate trust fund to be disbursed on the orders
of the department. [1984 c 7 § 304; 1961 c 13 § 47.60.090.
Prior: 1949 c 179 § 4, part; Rem. Supp. 1949 § 6584-33,
part.]
47.60.090
[Title 47 RCW—page 191]
47.60.100
Title 47 RCW: Public Highways and Transportation
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.100 Bonds are legal investment for state moneys. Notwithstanding any other provision of the law, bonds
issued by the authority shall be legal investments by the state
investment board of any state moneys in its hands, except
permanent school funds and motor vehicle funds. [1981 c 3
§ 40; 1961 c 13 § 47.60.100. Prior: 1953 c 154 § 14; 1951 c
259 § 3; 1951 c 121 § 14; 1949 c 179 § 8; Rem. Supp. 1949 §
6584-37.]
47.60.100
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
47.60.110 Bondholders may compel performance.
The holder of any bond or the trustee for any bonds designated by resolution may by mandamus or other appropriate
proceeding require and compel performance of any duties
imposed upon any state department, official or employee,
including any duties imposed upon or undertaken by the
authority or its officers, agents and employees in connection
with the construction, maintenance and operation of the ferry
system and in connection with the collection, deposit, investment, application and disbursement of the proceeds of the
bonds and the revenue and income derived from the operation of the system. [1961 c 13 § 47.60.110. Prior: 1949 c 179
§ 4, part; Rem. Supp. 1949 § 6584-33, part.]
47.60.110
47.60.113 Refunding bonds—Authorization—
Amount—Interest—Conditions. The department is authorized to refund, at the maturity thereof, or before the maturity
thereof if they are subject to call prior to maturity or if all of
the holders thereof consent thereto, upon such terms and conditions as it deems best, any or all of its revenue bonds now
or hereafter outstanding, issued for the purpose of acquiring,
constructing, or reconstructing any toll bridge, toll road, toll
tunnel, ferry system, or any other toll facility of any sort, or
issued for the purpose of refunding such bonds, which revenue bonds are payable out of all or part of the revenues of the
toll facility. Refunding bonds may be issued hereunder in a
sufficient amount to provide additional funds for acquiring,
constructing, reconstructing, rehabilitating, rebuilding,
enlarging, or improving any toll bridge, toll road, toll tunnel,
ferry system, or any other toll facility of any sort, and to pay
all refunding costs and expenses and to provide adequate
reserves for the toll facility and for any such refunding bonds.
Various issues and series of such outstanding bonds, including refunding bonds, may be combined and refunded by a
single issue of refunding bonds. The refunding bonds shall
bear interest at such rates and mature at such times, without
limitation by the interest rates or maturity of the bonds being
refunded, and shall contain such other covenants and conditions as the department determines by resolution. [1984 c 7 §
305; 1961 c 13 § 47.60.113. Prior: 1957 c 152 § 1; 1955 c 17
§ 1.]
47.60.113
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.114 Refunding bonds—Payable from revenues. Any refunding bonds authorized by this chapter constitute obligations of the department only and not of the state of
Washington. They shall be payable solely out of all or such
part of the revenues derived from the operation of the toll
47.60.114
[Title 47 RCW—page 192]
bridge, toll road, toll tunnel, ferry system, or any other toll
facility, as shall be provided in the resolution authorizing the
issuance of the refunding bonds. [1984 c 7 § 306; 1961 c 13
§ 47.60.114. Prior: 1957 c 152 § 2; 1955 c 17 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.115 Refunding bonds—Disposition—Laws
applicable. The bonds herein authorized shall, in the discretion of the department, be exchanged at the best possible
price for the bonds being refunded, or any such bonds not
exchanged shall be sold in the manner provided in RCW
47.60.090. The bonds herein authorized shall be issued in
accordance with, and shall be subject to, the provisions of
RCW 47.60.050, 47.60.060, 47.60.080, 47.60.100,
47.60.110, and 47.60.120. [1983 c 3 § 134; 1961 c 13 §
47.60.115. Prior: 1957 c 152 § 3; 1955 c 17 § 3.]
47.60.115
47.60.120
47.60.120 Other crossings—Infringement of existing franchises—
Waivers (as amended by 2003 c 83). (1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over
Puget Sound or any of its tributary or connecting waters, there shall not be
constructed, operated, or maintained any other ferry crossing upon or bridge
over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued
franchise at the time of the location of the ferry crossing or construction of
the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten
statute miles measured by airline distance. The ten-mile restriction shall be
applied by comparing the two end points (termini) of a state ferry crossing to
those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon
written petition of a commercial ferry operator certificated or applying for
certification under chapter 81.84 RCW, and upon notice and hearing, grant a
waiver from the ten-mile restriction. The waiver must not be detrimental to
the public interest. In making a decision to waive the ten-mile restriction, the
commission shall consider, but is not limited to, the impact of the waiver on
transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act
upon a request for a waiver within ninety days after the conclusion of the
hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless
appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or
toll bridge over Puget Sound or any of its tributary or connecting waters that
would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or
toll bridge by the department, without first acquiring the rights granted to
such franchise holder under the franchise.
(5) This section does not apply to the operation of passenger-only ferry
service by public transportation benefit areas meeting the requirements of
RCW 36.57A.200 or to the operation of passenger-only ferry service by ferry
districts. [2003 c 83 § 204; 1993 c 427 § 1; 1984 c 7 § 307; 1961 c 13 §
47.60.120. Prior: 1949 c 179 § 6; Rem. Supp. 1949 § 6584-35.]
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
47.60.120
47.60.120 Other crossings—Infringement of existing franchises—
Waivers (as amended by 2003 c 373). (1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over
Puget Sound or any of its tributary or connecting waters, there shall not be
constructed, operated, or maintained any other ferry crossing upon or bridge
over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued
franchise at the time of the location of the ferry crossing or construction of
the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten
statute miles measured by airline distance. The ten-mile restriction shall be
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
applied by comparing the two end points (termini) of a state ferry crossing to
those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon
written petition of a commercial ferry operator certificated or applying for
certification under chapter 81.84 RCW, and upon notice and hearing, grant a
waiver from the ten-mile restriction. The waiver must not be detrimental to
the public interest. In making a decision to waive the ten-mile restriction, the
commission shall consider, but is not limited to, the impact of the waiver on
transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act
upon a request for a waiver within ninety days after the conclusion of the
hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless
appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or
toll bridge over Puget Sound or any of its tributary or connecting waters that
would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or
toll bridge by the department, without first acquiring the rights granted to
such franchise holder under the franchise.
(5) This section does not apply to operators of passenger-only ferry service. [2003 c 373 § 2; 1993 c 427 § 1; 1984 c 7 § 307; 1961 c 13 § 47.60.120.
Prior: 1949 c 179 § 6; Rem. Supp. 1949 § 6584-35.]
Reviser’s note: RCW 47.60.120 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Findings—Intent—2003 c 373: See note following RCW 47.64.090.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.122
47.60.122 Ferries, terminal facilities—Interim revenue warrants authorized. For the purpose of paying the
cost of acquiring, constructing, or reconstructing ferries or
ferry terminal facilities, and all costs which may be incurred
in connection therewith, the department is authorized to issue
interim revenue warrants, which shall constitute obligations
only of the department, and which shall not be obligations of
the state of Washington. Such warrants shall be payable
solely out of part or all of the revenues derived from the operation of the Puget Sound ferry system as shall be provided in
the resolution authorizing their issuance, and shall be drawn
upon, and the principal thereof and interest thereon shall be
payable out of, such fund or funds as shall be created in and
provided by the resolution. The warrants may be interestbearing coupon warrants with a fixed maturity date, or may
be interest-bearing registered warrants payable in order of
their issuance whenever there is sufficient money in the fund
upon which they were drawn to redeem any of them. [1984 c
7 § 308; 1961 c 13 § 47.60.122. Prior: 1953 c 159 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.124
47.60.124 Revenue refunding bonds to redeem
interim warrants. If it is deemed advisable or found necessary to redeem any or all of such warrants, the department is
authorized to issue its revenue refunding bonds for that purpose. The bonds shall constitute obligations only of the
department, and shall not be obligations of the state of Washington. The refunding bonds shall be payable solely out of
part or all of the revenues derived from the operation of the
Puget Sound ferry system as shall be provided in the resolution authorizing their issuance. [1984 c 7 § 309; 1961 c 13 §
47.60.124. Prior: 1953 c 159 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2008 Ed.)
47.60.135
47.60.126 Interim warrants and refunding bonds—
Laws applicable. All provisions of chapter 47.60 RCW pertaining and applicable to the revenue bonds of the department
authorized in that chapter are applicable to the warrants and
revenue refunding bonds authorized herein except insofar as
otherwise provided by RCW 47.60.122 through 47.60.126.
[1984 c 7 § 310; 1961 c 13 § 47.60.126. Prior: 1953 c 159 §
3.]
47.60.126
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.130 Unit or combined operation—Continuous
project—Rental, charter, lease of system property—Sale
of unneeded property. Such ferry system, including any toll
bridges, approaches, and roadways incidental thereto, may be
financed and operated in combination or separately as one or
more units as the department of transportation may determine, and such ferry system together with any toll bridge
hereafter constructed by the department upon or across the
waters of Puget Sound or Hood Canal, or any part of either,
replacing one or more presently operated ferry routes, is
declared to be a continuous project within the meaning of
*RCW 47.56.070. The department is empowered to rent,
lease, or charter any property acquired under this chapter. If
the department determines that any real property (including
lands, improvements thereon, and any interests or estates)
originally acquired for the ferry system is no longer required
for the purposes of the ferry system, the department shall
offer it for sale in the manner and with the authority authorized to the department by RCW 47.12.063 or 47.12.283. The
secretary of transportation may adopt rules further implementing this section. The proceeds of all such sales shall be
paid into the separate trust fund of the state treasury established pursuant to **RCW 47.60.150. [1979 ex.s. c 189 § 6;
1973 1st ex.s. c 177 § 5; 1961 c 13 § 47.60.130. Prior: 1955
c 22 § 1; 1953 c 32 § 1; 1949 c 179 § 3, part; Rem. Supp. 1949
§ 6584-32, part.]
47.60.130
Reviser’s note: *(1) RCW 47.56.070 was amended by 2008 c 122 § 10,
deleting the language pertaining to the meaning of a continuous project.
**(2) RCW 47.60.150 was repealed by 2007 c 512 § 16.
Effective date—1979 ex.s. c 189: See note following RCW 47.12.283.
47.60.135 Charter of state ferries—Hazardous materials. (1) The charter use of Washington State Ferry vessels
when established route operations and normal user requirements are not disrupted is permissible. In establishing chartering agreements, Washington State Ferries shall consider
the special needs of local communities and interested parties.
Washington State Ferries shall use sound business judgment
and be sensitive to the interests of existing private enterprises.
(2) Consistent with the policy as established in subsection (1) of this section, the chief executive officer of the
Washington State Ferries may approve agreements for the
chartering of Washington State Ferry vessels to groups or
individuals, including hazardous material transporters, in
accordance with the following:
(a) Vessels may be committed to charter only when
established route operation and normal user requirements are
not disrupted or inconvenienced. If a vessel is engaged in the
transport of hazardous materials, the transporter shall pay for
all legs necessary to complete the charter, even if the vessel is
47.60.135
[Title 47 RCW—page 193]
47.60.140
Title 47 RCW: Public Highways and Transportation
simultaneously engaged in an operational voyage on behalf
of Washington State Ferries.
(b) Charter rates for vessels must be established at actual
vessel operating costs plus a market-rate profit margin.
Actual vessel operating costs include, but are not limited to,
all labor, fuel, and vessel maintenance costs incurred due to
the charter agreement, including deadheading and standby.
(c) Parties chartering Washington State Ferry vessels
shall comply with all applicable laws, rules, and regulations
during the charter voyage, and failure to so comply is cause
for immediate termination of the charter voyage. [2003 c 374
§ 1; 1997 c 323 § 2.]
Finding—1997 c 323: "The legislature finds that when established
route operations and normal user requirements are not disrupted Washington
state ferries may be used for the transportation of hazardous materials under
the chartering procedures and rates described in RCW 47.60.135." [1997 c
323 § 1.]
47.60.140
47.60.140 System as self-liquidating undertaking—
Powers of department—Concessions. (1) The department
is empowered to operate such ferry system, including all
operations, whether intrastate or international, upon any route
or routes, and toll bridges as a revenue-producing and selfliquidating undertaking. The department has full charge of
the construction, rehabilitation, rebuilding, enlarging,
improving, operation, and maintenance of the ferry system,
including toll bridges, approaches, and roadways incidental
thereto that may be authorized by the department, including
the collection of tolls and other charges for the services and
facilities of the undertaking. The department has the exclusive right to enter into leases and contracts for use and occupancy by other parties of the concessions and space located
on the ferries, wharves, docks, approaches, parking lots, and
landings, including the selling of commercial advertising
space and licenses to use the Washington State Ferries trademarks, but, except as provided in subsection (2) of this section, no such leases or contracts may be entered into for more
than ten years, nor without a competitive contract process,
except as otherwise provided in this section. The competitive
process shall be either an invitation for bids in accordance
with the process established by chapter 43.19 RCW, or a
request for proposals in accordance with the process established by RCW 47.56.030. All revenues from commercial
advertising, concessions, parking, leases, and contracts must
be deposited in the Puget Sound ferry operations account in
accordance with *RCW 47.60.150.
(2) As part of a joint development agreement under
which a public or private developer constructs or installs
improvements on ferry system property, the department may
lease all or part of such property and improvements to such
developers for that period of time, not to exceed fifty-five
years, or not to exceed thirty years for those areas located
within harbor areas, which the department determines is necessary to allow the developer to make reasonable recovery on
its initial investment. Any lease entered into as provided for
in this subsection that involves state aquatic lands shall conform with the Washington state Constitution and applicable
statutory requirements as determined by the department of
natural resources. That portion of the lease rate attributable
to the state aquatic lands shall be distributed in the same man[Title 47 RCW—page 194]
ner as other lease revenues derived from state aquatic lands as
provided in **RCW 79.24.580.
(3) The department shall include in the strategic planning
and performance assessment process, as required by RCW
43.88.090, an analysis of the compatibility of public and private partnerships with the state ferry system’s core business,
and the department’s efforts to maximize nonfarebox revenues and provide benefit to the public users of the ferry system facilities. The department shall include an assessment of
the need for an open solicitation to identify and select possible public or private partnerships in order to maximize the
value of projects and the state’s investment in current and
future ferry system operations.
(a) When the department determines that an open solicitation is necessary, a request for proposal shall be released,
consisting of an open solicitation outlining functional specifications to be used as the basis for selecting partnerships in the
project.
(b) Any responses to the request for proposal shall be
evaluated, at a minimum, on the basis of compatibility with
the state ferry system’s core business, potential to maximize
nonfarebox revenue, longevity of the possible partnership
commitment, and benefit to the public users of the ferry system facilities.
(c) If no responses are received, or those that are
received are incompatible with ferry system operations, or do
not meet the criteria stated in (b) of this subsection, the state
ferry system may proceed with state ferry system operating
strategies designed to achieve state ferry system objectives
without established partnerships. [2003 c 374 § 2; 1995 1st
sp.s. c 4 § 2; 1987 c 69 § 1; 1984 c 7 § 311; 1965 ex.s. c 170
§ 58; 1961 c 13 § 47.60.140. Prior: 1951 c 259 § 1; 1949 c
179 § 5, part; Rem. Supp. 1949 § 6584-34, part.]
Reviser’s note: *(1) RCW 47.60.150 was repealed by 2007 c 512 § 16.
**(2) RCW 79.24.580 was recodified as RCW 79.90.245 pursuant to
2003 c 334 § 569. RCW 79.90.245 was subsequently recodified as RCW
79.105.150 pursuant to 2005 c 155 § 1003.
Effective date—1995 1st sp.s. c 4: See note following RCW
47.56.030.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.145 Historic ferries—Acquisition by qualified
persons or organizations. (1) An "historic ferry" is any vessel in the Washington state ferries fleet which has been listed
in the Washington state register of historic places.
(2) When the department of transportation determines
that an historic ferry is surplus to the needs of Washington
state ferries, the department shall call for proposals from persons who wish to acquire the historic ferry. Proposals for the
acquisition of an historic ferry shall be accepted only from
persons or organizations that (a) are a governmental entity or
a nonprofit corporation or association dedicated to the preservation of historic properties; (b) agree to a contract approved
by the state historic preservation officer, which requires the
preservation and maintenance of the historic ferry and provides that title to the ferry reverts to the state if the secretary
of transportation determines that the contract has been violated; and (c) demonstrate the administrative and financial
ability successfully to comply with the contract.
(3) The department shall evaluate the qualifying proposals and shall select the proposal which is most advantageous
47.60.145
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
to the state. Factors to be considered in making the selection
shall include but not be limited to:
(a) Extent and quality of restoration;
(b) Retention of original design and use;
(c) Public access to the vessel;
(d) Provisions for historical interpretation;
(e) Monetary return to the state.
(4) If there are no qualifying proposals, an historic ferry
shall be disposed of in the manner provided by state law.
[1982 c 210 § 1.]
Severability—1982 c 210: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 210 § 2.]
Archaeology and historic preservation, office of: Chapter 27.34 RCW.
47.60.170 Ferries revolving fund—Deposit of excess
funds. Nothing in *RCW 47.60.150 forbids the establishment by the department of a Washington state ferries revolving fund of not to exceed six hundred thousand dollars from
the proceeds of any bonds sold under the provisions of this
chapter. The fund may be deposited by the department in
such banks or financial institutions as it may select throughout the state. RCW 43.01.050 does not apply to the fund or
any deposits therein made by the department under this section. The department may deposit all moneys received under
this chapter in the fund. All expenses whatsoever arising in
the operations of the Puget Sound ferry system shall be paid
from the fund, if established, by check or voucher in such
manner as may be prescribed by the department.
All moneys received by the department or any employee
under the foregoing sections of this chapter, except an
amount of petty cash for each day’s needs as fixed by the regulation of the department, shall each day and as often during
the day as advisable, be deposited in the nearest authorized
depositary selected by the department under this section.
Whenever the fund exceeds six hundred thousand dollars, the department shall forthwith transmit the excess to the
state treasurer for deposit in the trust fund established by
*RCW 47.60.150. [1984 c 7 § 313; 1970 ex.s. c 85 § 6; 1961
c 13 § 47.60.170. Prior: 1951 c 259 § 13.]
47.60.170
*Reviser’s note: RCW 47.60.150 was repealed by 2007 c 512 § 16.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1970 ex.s. c 85: See note following RCW 47.60.500.
47.60.200 Consent to liability not general liability of
state. Any consent to liability given under the provisions of
this chapter creates liability of the department only and does
not create any general liability of the state. [1984 c 7 § 314;
1961 c 13 § 47.60.200. Prior: 1951 c 259 § 5.]
47.60.200
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.210 Seamen may sue for injuries—Venue. The
state consents to suits against the department by seamen for
injuries occurring upon vessels of the department in accordance with the provisions of section 688, title 46, of the
United States code. The venue of such actions may be in the
superior court for Thurston county or the county where the
injury occurred. [1984 c 7 § 315; 1961 c 13 § 47.60.210.
Prior: 1951 c 259 § 6.]
47.60.210
(2008 Ed.)
47.60.250
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.220 Department as common carrier—Rights
and liabilities. The department has all the obligations,
duties, and rights of a common carrier of persons and property in its operation of ferries, terminals, or other facilities
used in its ferry operations, including the right to participate
in joint rates and through routes, agreements, and divisions of
through and joint rates with railroads and other common carriers and the right to make any filings with the interstate commerce commission, the United States maritime commission,
or any other state or federal regulatory or governmental body
and to comply with the lawful rules and regulations or
requirements of any such body, and is subject to laws relating
to carrier’s liability for loss or damage to property transported, and for personal injury or death of persons transported. [1984 c 7 § 316; 1961 c 13 § 47.60.220. Prior: 1951
c 259 § 7.]
47.60.220
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.230 Liability for damages as to persons or
property. In case of property loss or damage or personal
injuries or death resulting from the operation of any ferry or
terminal by the department, any person or the personal representative of any person, subject to and to the extent hereinafter provided, has a right of action against the department for
the damage, loss, injury, or death. [1984 c 7 § 317; 1961 c 13
§ 47.60.230. Prior: 1951 c 259 § 8.]
47.60.230
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.240 Liability to persons other than shippers or
passengers—Limitation. The right of action extended by
this chapter is applicable to loss or damage of property and/or
personal injury or death resulting from the operation of ferries or terminals by the department to persons other than shippers or passengers, but any recovery of damages in such
cases shall not exceed an amount equal to the limitations of
the insurance carried by the department to insure it against
loss for such liability. [1984 c 7 § 318; 1961 c 13 §
47.60.240. Prior: 1951 c 259 § 9.]
47.60.240
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.250 Claim for damages—Filing—Contents—
Time limitations. As a condition to a recovery thereon, a
verified claim against the department growing out of such
damages, loss, injuries, or death must first be presented to the
department and filed with the secretary within one hundred
twenty days after the time when the claim accrued. If the
claimant is incapacitated from verifying and filing a claim
within the one hundred twenty days, or if the claimant is a
minor, then the claim may be verified and presented on
behalf of the claimant by his or her relative, attorney, or
agent. Each claim must accurately locate and describe the
event or defect that caused the damage, loss, injury, or death,
reasonably describe the damage, loss, or injury, and state the
time when the damage, loss, or injury occurred, give the
claimant’s residence for the last six months, and contain the
items of damages claimed. No action may be maintained
against the department upon the claim until the claim has
been presented to, and filed with, the department and sixty
47.60.250
[Title 47 RCW—page 195]
47.60.260
Title 47 RCW: Public Highways and Transportation
days have elapsed after the presentation and filing, nor more
than three years after the claim accrued.
With respect to the content of the claims, this section
shall be liberally construed so that substantial compliance
will be deemed satisfactory. [1984 c 7 § 319; 1967 c 164 § 3;
1961 c 13 § 47.60.250. Prior: 1951 c 259 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Claims against the state: Chapter 4.92 RCW.
47.60.260 Payment of claims. The department may
upon such terms and conditions as it may impose and under
such rules as it may adopt, pay claims arising under its operation of ferries or terminals or compromise or settle the
claims. No claim may be paid by the department or any settlement or compromise of it be made except from the operating revenues of the department derived from its operation of
ferries or terminals or from the proceeds of insurance recoveries. [1984 c 7 § 320; 1961 c 13 § 47.60.260. Prior: 1951 c
259 § 11.]
47.60.260
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.270 Venue of actions—Enforcement of judgment. Actions for the recovery of damages under RCW
47.60.220 through 47.60.260 may be brought in Thurston
county or in the county in which the aggrieved person
resides. No execution upon a judgment or attachment may be
levied against the property of the department, nor does the
state consent to any maritime lien against vessels of the
department, but the department may be required by order of
court to pay any judgment. [1984 c 7 § 321; 1961 c 13 §
47.60.270. Prior: 1951 c 259 § 12.]
47.60.270
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.275 Local law enforcement officers on ferries
and terminals. Law enforcement officers of cities, towns,
and counties which are served by state ferries shall have, and
are hereby authorized to exercise, concurrent jurisdiction and
authority with state law enforcement officers in the enforcement of laws of the state and local governmental divisions at
those state ferry terminals located within the respective governmental division served by such local law enforcement
officers and on state ferries at the terminals and throughout
the ferry runs, notwithstanding that the ferry may not be in
the officer’s governmental division. [1969 ex.s. c 13 § 1.]
47.60.275
47.60.277 "No Smoking" areas on state ferries—
Establishment directed. See RCW 47.56.730.
47.60.277
47.60.280 Ferry service—Lummi Island to Orcas
Island—Limitation on operation. The department is authorized and directed to establish and operate a ferry service
from a suitable point on Lummi Island in Whatcom county to
a suitable point on Orcas Island in San Juan county by the
most feasible route if and when Whatcom county constructs a
bridge from Gooseberry Point on the mainland to Lummi
Island. The actual operation of the ferry service shall not
begin until Whatcom county has completed the construction
47.60.280
[Title 47 RCW—page 196]
of such bridge. [1984 c 7 § 322; 1961 c 13 § 47.60.280. Prior:
1959 c 198 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.282 Ferry service between Port Townsend and
Keystone—Operation authorized, when. The department
is authorized to operate a ferry service between Port
Townsend and Keystone on Admiralty Inlet if the certificate
of convenience and necessity for the ferry operation is theretofore surrendered, rights thereunder are abandoned, and the
ferry service is discontinued. In no event may the department
undertake such a ferry service preceding events as set forth
herein or before April 1, 1973. [1984 c 7 § 323; 1972 ex.s. c
44 § 1.]
47.60.282
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.283 Ferry service between Port Townsend and
Keystone—Purpose. The purpose of RCW 47.60.282 and
47.60.283 is to provide service on the ferry route between
Port Townsend and Keystone to be determined by the department. Operation of this route is necessary for the economic
health, safety, and welfare of the people of the state. Additionally, state operation of this route will further benefit the
people of the state by providing better access to important
installations maintained by the United States Navy and the
United States Coast Guard. [1984 c 7 § 324; 1972 ex.s. c 44
§ 2.]
47.60.283
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.286 Ferry user data survey. (1) The commission shall, with the involvement of the department, conduct a
survey to gather data on ferry users to help inform level of
service, operational, pricing, planning, and investment decisions. The survey must include, but is not limited to:
(a) Recreational use;
(b) Walk-on customer use;
(c) Vehicle customer use;
(d) Freight and goods movement demand; and
(e) Reactions to potential operational strategies and pricing policies described under RCW 47.60.327 and 47.60.290.
(2) The commission shall develop the survey after providing an opportunity for ferry advisory committees to offer
input.
(3) The survey must be updated at least every two years
and maintained to support the development and implementation of adaptive management of ferry services. [2007 c 512 §
4.]
47.60.286
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.290 State ferries—Review of fares and pricing
policies—Proposals. (1) The department shall annually
review fares and pricing policies applicable to the operation
of the Washington state ferries.
(2) Beginning in 2008, the department shall develop fare
and pricing policy proposals that must:
(a) Recognize that each travel shed is unique, and might
not have the same farebox recovery rate and the same pricing
policies;
(b) Use data from the current survey conducted under
RCW 47.60.286;
47.60.290
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
(c) Be developed with input from affected ferry users by
public hearing and by review with the affected ferry advisory
committees, in addition to the data gathered from the survey
conducted in RCW 47.60.286;
(d) Generate the amount of revenue required by the biennial transportation budget;
(e) Consider the impacts on users, capacity, and local
communities; and
(f) Keep fare schedules as simple as possible.
(3) While developing fare and pricing policy proposals,
the department must consider the following:
(a) Options for using pricing to level vehicle peak
demand; and
(b) Options for using pricing to increase off-peak ridership. [2007 c 512 § 5; 1983 c 3 § 136; 1972 ex.s. c 24 § 6;
1961 c 13 § 47.60.290. Prior: 1959 c 199 § 1.]
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.300 State ferries—Scope of review—Periodic
reviews required. The review shall include but not be limited to tariffs for automobiles, passengers, trucks, commutation rates, and volume discounts. The review shall give
proper consideration to time of travel, distance of travel,
operating costs, maintenance and repair expenses, and the
resultant effect any change in tariff might have on the debt
service requirements of the department as specifically provided in existing financing programs. The review shall also
include the allocation of vessels to particular runs, the scheduling of particular runs, the adequacy and arrangements of
docks and dock facilities, and any other subject deemed by
the department to be properly within the scope of the review.
The department is further authorized and directed to make a
like review within every three-year period. [1984 c 7 § 325;
1961 c 13 § 47.60.300. Prior: 1959 c 199 § 2.]
47.60.300
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.310 State ferries—Local expressions—Ferry
advisory committees. (1) The department is further directed
to conduct such review by soliciting and obtaining expressions from local community groups in order to be properly
informed as to problems being experienced within the area
served by the Washington state ferries. In order that local representation may be established, the department shall give
prior notice of the review to the ferry advisory committees.
(2) The legislative authorities of San Juan, Skagit, Clallam, and Jefferson counties shall each appoint a committee to
consist of five members to serve as an advisory committee to
the department or its designated representative in such
review. The legislative authorities of other counties that contain ferry terminals shall appoint ferry advisory committees
consisting of three members for each terminal area in each
county, except for Vashon Island, which shall have one committee, and its members shall be appointed by the Vashon/Maury Island community council. At least one person
appointed to each ferry advisory committee shall be representative of an established ferry user group or of frequent users
of the ferry system. Each member shall reside in the vicinity
of the terminal that the advisory committee represents.
(3) The members of the San Juan, Clallam, and Jefferson
county ferry advisory committees shall be appointed for four-
47.60.315
year terms. The initial terms shall commence on July 1, 1982,
and end on June 30, 1986. Any vacancy shall be filled for the
remainder of the unexpired term by the appointing authority.
At least one person appointed to the advisory committee shall
be representative of an established ferry-user group or of frequent users of the ferry system, at least one shall be representative of persons or firms using or depending upon the ferry
system for commerce, and one member shall be representative of a local government planning body or its staff. Every
member shall be a resident of the county upon whose advisory committee he or she sits, and not more than three members shall at the time of their appointment be members of the
same major political party.
(4) The members of each terminal area committee shall
be appointed for four-year terms. The initial terms of the
members of each terminal area committee shall be staggered
as follows: All terms shall commence September 1, 1988,
with one member’s term expiring August 31, 1990, one
member’s term expiring August 31, 1991, and the remaining
member’s term expiring August 31, 1992. Any vacancy shall
be filled for the remainder of the unexpired term by the
appointing authority. Not more than two members of any terminal-area committee may be from the same political party at
the time of their appointment, and in a county having more
than one committee, the overall party representation shall be
as nearly equal as possible.
(5) The chairmen of the several committees constitute an
executive committee of the Washington state ferry users. The
executive committee shall meet twice each year with representatives of the marine division of the department to review
ferry system issues.
(6) The committees to be appointed by the county legislative authorities shall serve without fee or compensation.
[1988 c 100 § 1; 1983 c 15 § 24; 1983 c 3 § 137; 1977 c 29 §
1; 1961 c 13 § 47.60.310. Prior: 1959 c 199 § 3.]
Severability—1983 c 15: See RCW 47.64.910.
47.60.310
(2008 Ed.)
47.60.315 Fares and pricing policies—Adoption
schedule—Revenues. (1) The commission shall adopt fares
and pricing policies by rule, under chapter 34.05 RCW,
according to the following schedule:
(a) Each year the department shall provide the commission a report of its review of fares and pricing policies, with
recommendations for the revision of fares and pricing policies for the ensuing year;
(b) By September 1st of each year, beginning in 2008,
the commission shall adopt by rule fares and pricing policies
for the ensuing year.
(2) The commission may adopt by rule fares that are
effective for more or less than one year for the purposes of
transitioning to the fare schedule in subsection (1) of this section.
(3) The commission may increase ferry fares included in
the schedule of charges adopted under this section by a percentage that exceeds the fiscal growth factor.
(4) The chief executive officer of the ferry system may
authorize the use of promotional, discounted, and special
event fares to the general public and commercial enterprises
for the purpose of maximizing capacity use and the revenues
collected by the ferry system. The department shall report to
47.60.315
[Title 47 RCW—page 197]
47.60.327
Title 47 RCW: Public Highways and Transportation
the commission a summary of the promotional, discounted,
and special event fares offered during each fiscal year and the
financial results from these activities.
(5) Fare revenues and other revenues deposited in the
Puget Sound ferry operations account created in RCW
47.60.530 may not be used to support the Puget Sound capital
construction account created in RCW 47.60.505, unless the
support for capital is separately identified in the fare.
(6) The commission may not raise fares until the fare
rules contain pricing policies developed under RCW
47.60.290, or September 1, 2009, whichever is later. [2007 c
512 § 6.]
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.327 Operational strategies for asset utilization.
(1) The department shall develop, and the commission shall
review, operational strategies to ensure that existing assets
are fully utilized and to guide future investment decisions.
These operational strategies must, at a minimum:
(a) Recognize that each travel shed is unique and might
not have the same operational strategies;
(b) Use data from the current survey conducted under
RCW 47.60.286;
(c) Be consistent with vehicle level of service standards;
(d) Choose the most efficient balance of capital and
operating investments by using a life-cycle cost analysis; and
(e) Use methods of collecting fares that maximize efficiency and achieve revenue management control.
(2) After the commission reviews recommendations by
the department, the commission and department shall make
joint recommendations to the legislature for the improvement
of operational strategies.
(3) In developing operational strategies, the following, at
a minimum, must be considered:
(a) The feasibility of using reservation systems;
(b) Methods of shifting vehicular traffic to other modes
of transportation;
(c) Methods of improving on-dock operations to maximize efficiency and minimize operating and capital costs;
(d) A cost-benefit analysis of remote holding versus
over-water holding;
(e) Methods of reorganizing holding areas and minimizing on-dock employee parking to maximize the dock size
available for customer vehicles;
(f) Schedule modifications;
(g) Efficiencies in exit queuing and metering;
(h) Interoperability with other transportation services;
(i) Options for leveling vehicle peak demand; and
(j) Options for increasing off-peak ridership.
(4) Operational strategies must be reevaluated periodically and, at a minimum, before developing a new capital
plan. [2007 c 512 § 7.]
47.60.327
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.330 Public participation—Legislative
approval. (1) Before a substantial change to the service levels provided to ferry users, the department shall consult with
affected ferry users by public hearing and by review with the
affected ferry advisory committees.
47.60.330
[Title 47 RCW—page 198]
(2) Before adding or eliminating a ferry route, the department shall consult with affected ferry users and receive legislative approval. [2007 c 512 § 8; 2003 c 374 § 5; 1983 c 15 §
26.]
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
Severability—1983 c 15: See RCW 47.64.910.
47.60.335 Appropriation limitations—Capital program cost allocation. (1) Appropriations made for the
Washington state ferries capital program may not be used for
maintenance costs.
(2) Appropriations made for preservation projects shall
be spent only on preservation and only when warranted by
asset condition, and shall not be spent on master plans, rightof-way acquisition, or other nonpreservation items.
(3) Systemwide and administrative capital program costs
shall be allocated to specific capital projects using a cost allocation plan developed by the department. Systemwide and
administrative capital program costs shall be identifiable.
(4) The vessel emergency repair budget may not be used
for planned maintenance and inspections of inactive vessels.
[2008 c 124 § 7; 2007 c 512 § 9.]
47.60.335
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.340 Vessel maintenance and preservation program—Report. (1) The department shall develop and maintain a vessel maintenance and preservation program that
meets or exceeds all federal requirements and, at a minimum:
(a) Includes a bilge and void maintenance program;
(b) Includes a visual inspection/audio gauging steel preservation program; and
(c) Uses a lowest life-cycle cost method.
(2) The vessel maintenance and preservation program
must maximize cost efficiency by, at a minimum:
(a) Reducing planned out-of-service time to the greatest
extent possible; and
(b) Striving to eliminate planned peak season out-of-service periods.
(3) When construction is underway for the replacement
of a vessel, the vessel that is scheduled for retirement is
exempt from the requirement in subsection (1)(c) of this section.
(4) The department shall include a plain language status
report on the maintenance and preservation vessel program
with each budget submittal to the office of financial management. This report must include, at a minimum:
(a) A description of the maintenance and preservation of
each vessel in the fleet;
(b) A highlight and explanation of any significant deviation from the norm;
(c) A highlight and explanation of any significant deviation from the vessel preservation plan required under RCW
47.60.375;
(d) A highlight and explanation of decisions not to invest
in vessels; and
(e) A highlight and explanation of decisions to invest
early in vessels. [2008 c 124 § 5.]
47.60.340
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
47.60.345 Life-cycle cost model on capital assets. (1)
The department shall maintain a life-cycle cost model on capital assets such that:
(a) Available industry standards are used for estimating
the life of an asset, and department-adopted standard life
cycles derived from the experience of similar public and private entities are used when industry standards are not available;
(b) Standard estimated life is adjusted for asset condition
when inspections are made;
(c) It does not include utilities or other systems that are
not replaced on a standard life cycle; and
(d) It does not include assets not yet built.
(2) All assets in the life-cycle cost model must be
inspected and updated in the life-cycle cost model for asset
condition at least every three years.
(3) The life-cycle cost model shall be used when estimating future terminal and vessel preservation needs.
(4) The life-cycle cost model shall be the basis for developing the budget request for terminal and vessel preservation
funding. [2008 c 124 § 4; 2007 c 512 § 10.]
47.60.345
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.355 Preservation funding requests—Predesign
study. (1) Preservation funding requests shall only be for
assets in the life-cycle cost model.
(2) Preservation funding requests that exceed five million dollars per project must be accompanied by a predesign
study. The predesign study must include all elements
required by the office of financial management. [2007 c 512
§ 11.]
47.60.355
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.365 Terminal design standards. The department shall develop terminal design standards that:
(1) Adhere to vehicle level of service standards as
described in RCW 47.06.140;
(2) Adhere to operational strategies as described in RCW
47.60.327; and
(3) Choose the most efficient balance between capital
and operating investments by using a life-cycle cost analysis.
[2007 c 512 § 12.]
47.60.365
47.60.395
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.377 Vessel rebuild and replacement plan. The
department shall develop and maintain a vessel rebuild and
replacement plan that, at a minimum:
(1) Includes projected retirement dates for all vessels,
distinguishing between active and inactive vessels;
(2) Includes projected rebuild dates for all vessels;
(3) Includes timelines for vessel replacement, including
business decisions, design, procurement, and construction;
and
(4) Includes a summary of the condition of all vessels,
distinguishing between active and inactive vessels. [2008 c
124 § 2.]
47.60.377
47.60.385 Terminal improvement project funding
requests—Predesign study—New vessel acquisition planning. (1) Terminal improvement project funding requests
must adhere to the capital plan.
(2) Requests for terminal improvement design and construction funding must be submitted with a predesign study
that:
(a) Includes all elements required by the office of financial management;
(b) Separately identifies basic terminal elements essential for operation and their costs;
(c) Separately identifies additional elements to provide
ancillary revenue and customer comfort and their costs;
(d) Includes construction phasing options that are consistent with forecasted ridership increases;
(e) Separately identifies additional elements requested
by local governments and the cost and proposed funding
source of those elements;
(f) Separately identifies multimodal elements and the
cost and proposed funding source of those elements; and
(g) Identifies all contingency amounts.
(h)[(3)] When planning for new vessel acquisitions, the
department must evaluate the long-term vessel operating
costs related to fuel efficiency and staffing. [2008 c 124 § 6;
2007 c 512 § 14.]
47.60.385
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.395 Evaluation of cost allocation methodology
and preservation and improvement costs. (Expires
December 31, 2010.) (1) The joint legislative audit and
review committee shall assess and report as follows:
(a) Audit the implementation of the cost allocation methodology evaluated under [section 205,] chapter 518, Laws of
2007, as it exists on July 22, 2007, assessing whether actual
costs are allocated consistently with the methodology,
whether there are sufficient internal controls to ensure proper
allocation, and the adequacy of staff training; and
(b) Review the assignment of preservation costs and
improvement costs for fiscal year 2009 to determine whether:
(i) The costs are capital costs;
(ii) The costs meet the statutory requirements for preservation activities and for improvement activities; and
(iii) Improvement costs are within the scope of legislative appropriations.
47.60.395
47.60.375 Capital plan. (1) The capital plan must
adhere to the following:
(a) A current ridership demand forecast;
(b) Vehicle level of service standards as described in
RCW 47.06.140;
(c) Operational strategies as described in RCW
47.60.327; and
(d) Terminal design standards as described in RCW
47.60.365.
(2) The capital plan must include the following:
(a) A current vessel preservation plan;
(b) A current systemwide vessel rebuild and replacement
plan;
(c) A current vessel deployment plan; and
(d) A current terminal preservation plan. [2008 c 124 §
3; 2007 c 512 § 13.]
47.60.375
(2008 Ed.)
[Title 47 RCW—page 199]
47.60.400
Title 47 RCW: Public Highways and Transportation
(2) The report on the evaluations in this section is due by
January 31, 2010.
(3) This section expires December 31, 2010. [2007 c
512 § 15.]
Finding—Intent—2007 c 512: See note following RCW 47.06.140.
47.60.400 Refunding bonds authorized, 1961 Act.
The Washington toll bridge authority is authorized to issue
revenue bonds to refund all or any part of the authority’s outstanding 1955 Washington state ferry system refunding revenue bonds and 1957 ferry and Hood Canal bridge revenue
bonds. With respect to the issuing of such bonds and the payment of principal and interest thereon, the payment into
reserves, sinking funds, and the fixing and revision of
charges for services and facilities of the system, and in managing all its fiscal operations, the authority shall have all the
powers and shall follow the same procedures established for
it under existing laws, except as otherwise provided herein.
[1986 c 66 § 3; 1961 ex.s. c 9 § 1.]
47.60.400
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
Effective date—1986 c 66: "This act shall take effect July 1, 1987. The
secretary of transportation may immediately take such steps as are necessary
to ensure that this act is implemented on its effective date." [1986 c 66 § 14.]
Appropriation—1961 ex.s. c 9: "There is hereby appropriated from
the motor vehicle fund to the Washington toll bridge authority, for the biennium ending June 30, 1963, the sum of two million six hundred thousand
dollars or so much thereof as may be necessary for the operation and maintenance of the Washington state ferries and the payments of principal and
interest on outstanding 1955 Washington state ferry system refunding revenue bonds and 1957 ferry and Hood Canal bridge revenue bonds and payments into reserves thereof as required by resolutions adopted by the authority with respect to such bond issues. Whenever such bond issues shall be
refunded, any unexpended part of this appropriation shall lapse." [1961 ex.s.
c 9 § 8.]
47.60.420 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Prior charge against Puget
Sound capital construction account if ferry system revenues insufficient. To the extent that all revenues from the
Washington state ferry system available therefor are insufficient to provide for the payment of principal and interest on
the bonds authorized and issued under RCW 47.60.400
through *47.60.450 and for sinking fund requirements established with respect thereto and for payment into such reserves
as the department has established with respect to the securing
of the bonds, there is imposed a first and prior charge against
the Puget Sound capital construction account of the motor
vehicle fund created by RCW 47.60.505 and, to the extent
required, against all revenues required by RCW 46.68.090 to
be deposited in the Puget Sound capital construction account.
To the extent that the revenues from the Washington
state ferry system available therefor are insufficient to meet
required payments of principal and interest on bonds, sinking
fund requirements, and payments into reserves, the department shall use moneys in the Puget Sound capital construction account for such purpose. [1999 c 269 § 15; 1990 c 42 §
407; 1986 c 66 § 4; 1984 c 7 § 330; 1961 ex.s. c 9 § 3.]
47.60.420
*Reviser’s note: RCW 47.60.450 was repealed by 2005 c 335 § 5.
Effective date—1999 c 269: See note following RCW 36.78.070.
[Title 47 RCW—page 200]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: See note following RCW 47.60.400.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.430 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Agreement to continue
imposition of certain taxes. So long as any bonds issued as
authorized herein are outstanding, the state hereby agrees to
continue to impose at least one-quarter cent of motor vehicle
fuel tax and one-quarter cent of special fuel tax required by
law and to deposit the proceeds of these taxes in the Puget
Sound capital construction account of the motor vehicle fund.
[1986 c 66 § 5; 1961 ex.s. c 9 § 4.]
47.60.430
Effective date—1986 c 66: See note following RCW 47.60.400.
47.60.440 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Ferry system a revenueproducing undertaking—Debt service—Tolls on ferry
system and Hood Canal bridge. The Washington state
ferry system shall be efficiently managed, operated, and
maintained as a revenue-producing undertaking. Subject to
the provisions of *RCW 47.60.326 the commission shall
maintain and revise from time to time as necessary a schedule
of tolls and charges on said ferry system with other moneys
deposited in the Puget Sound ferry operations account for
maintenance and operation and all moneys in the Puget
Sound capital construction account available for debt service
will produce net revenue available for debt service, in each
fiscal year, in an amount at least equal to minimum annual
debt service requirements as hereinafter provided. Minimum
annual debt service requirements as used in this section shall
include required payments of principal and interest, sinking
fund requirements, and payments into reserves on all outstanding revenue bonds authorized by RCW 47.60.400
through **47.60.470.
The provisions of law relating to the revision of tolls and
charges to meet minimum annual debt service requirements
from net revenues as required by this section shall be binding
upon the commission but shall not be deemed to constitute a
contract to that effect for the benefit of the holders of such
bonds. [1999 c 94 § 28; 1990 c 42 § 408; 1986 c 66 § 6; 1983
c 3 § 139; 1972 ex.s. c 24 § 7; 1963 ex.s. c 3 § 42; 1961 ex.s.
c 9 § 5.]
47.60.440
Reviser’s note: *(1) RCW 47.60.326 was repealed by 2007 c 512 § 16.
**(2) RCW 47.60.470 was repealed by 1998 c 245 § 176.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: See note following RCW 47.60.400.
47.60.500 Acquisition of additional ferries—Legislative finding—Department authority. (1) The legislature
finds that the state’s ferry fleet available for mass transportation of people within the urban region of Puget Sound is critically deficient and that substantial financial assistance for
the acquisition of new ferries is necessary if the Washington
state ferries is to continue to fulfill its role in the Puget Sound
regional urban transportation system.
(2) The department is authorized:
47.60.500
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
(a) To apply to the United States secretary of transportation for a financial grant to assist the state to acquire urgently
needed ferries;
(b) To enter into an agreement with the United States
secretary of transportation or other duly authorized federal
officials and to assent to such conditions as may be necessary
to obtain financial assistance for the acquisition of additional
ferries. In connection with the agreement the department may
pledge any moneys in the Puget Sound capital construction
account, not required for debt service, in the motor vehicle
fund or any moneys to be deposited in the account for the purpose of paying the state’s share of the cost of acquiring ferries. To the extent of the pledge the department shall use the
moneys available in the Puget Sound capital construction
account to meet the obligations as they arise. [1986 c 66 § 8;
1984 c 7 § 333; 1970 ex.s. c 85 § 1.]
Effective date—1986 c 66: See note following RCW 47.60.400.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1970 ex.s. c 85: "This 1970 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions and
shall take effect April 1, 1970." [1970 ex.s. c 85 § 9.]
47.60.505 Puget Sound capital construction
account—Created—Use. There is hereby created in the
motor vehicle fund the Puget Sound capital construction
account. All moneys hereafter deposited in said account shall
be used by the department of transportation for:
(1) Reimbursing the motor vehicle fund for all transfers
therefrom made in accordance with RCW 47.60.620; and
(2) Improving the Washington state ferry system including, but not limited to, vessel acquisition, vessel construction,
major and minor vessel improvements, terminal construction
and improvements, and reconstruction or replacement of, and
improvements to, the Hood Canal bridge, reimbursement of
the motor vehicle fund for any state funds, other than insurance proceeds, expended therefrom for reconstruction or
replacement of and improvements to the Hood Canal bridge,
pursuant to proper appropriations: PROVIDED, That any
funds accruing to the Puget Sound capital construction
account after June 30, 1979, which are not required to reimburse the motor vehicle fund pursuant to RCW 47.60.620 as
such obligations come due nor are required for capital
improvements of the Washington state ferries pursuant to
appropriations therefor shall from time to time as shall be
determined by the department of transportation be transferred
by the state treasurer to the Puget Sound ferry operations
account in the motor vehicle fund.
(3) The department may pledge any moneys in the Puget
Sound capital construction account or to be deposited in that
account to guarantee the payment of principal or interest on
bonds issued to refund the outstanding 1955 Washington
state ferry system refunding bonds and the 1957 ferry and
Hood Canal bridge revenue bonds.
The department may further pledge moneys in the Puget
Sound capital construction account to meet any sinking fund
requirements or reserves established by the department with
respect to any bond issues provided for in this section.
To the extent of any pledge authorized in this section, the
department shall use the first moneys available in the Puget
Sound capital construction account to meet such obligations
47.60.505
(2008 Ed.)
47.60.550
as they arise, and shall maintain a balance of not less than one
million dollars in the account for this purpose.
(4) The treasurer shall never transfer any moneys from
the Puget Sound capital construction account for use by the
department for state highway purposes so long as there is due
and unpaid any obligations for payment of principal, interest,
sinking funds, or reserves as required by any pledge of the
Puget Sound capital construction account. Whenever the
department has pledged any moneys in the account for the
purposes authorized in this section, the state agrees to continue to deposit in the Puget Sound capital construction
account the motor vehicle fuel taxes and special fuel taxes as
provided in RCW 82.36.020 and 82.38.290 and further
agrees that, so long as there exists any outstanding obligations pursuant to such pledge, to continue to impose such
taxes.
(5) Funds in the Puget Sound capital construction
account of the motor vehicle fund that are not required by the
department for payment of principal or interest on bond
issues or for any of the other purposes authorized in this
chapter may be invested by the department in bonds and obligations of the nature eligible for the investment of current
state funds as provided in RCW 43.84.080. [1986 c 66 § 9;
1979 c 27 § 3; 1977 ex.s. c 360 § 10; 1970 ex.s. c 85 § 2.]
Transfer of funds—1986 c 66: "Moneys in the Puget Sound reserve
account and ferry improvement fund on July 1, 1987, shall be transferred to
the Puget Sound capital construction account." [1986 c 66 § 13.]
Effective date—1986 c 66: See note following RCW 47.60.400.
Severability—1979 c 27: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1979 c 27 § 10.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
Effective date—1970 ex.s. c 85: See note following RCW 47.60.500.
47.60.530 Puget Sound ferry operations account—
Created—Use. There is hereby created in the motor vehicle
fund the Puget Sound ferry operations account to the credit of
which shall be deposited all moneys directed by law to be
deposited therein. All moneys deposited in this account shall
be expended pursuant to appropriations only for reimbursement of the motor vehicle fund for any state moneys, other
than insurance proceeds, expended therefrom for alternate
transportation services instituted as a result of the destruction
of the Hood Canal bridge, and for maintenance and operation
of the Washington state ferries including the Hood Canal
bridge, supplementing as required the revenues available
from the Washington state ferry system. [1979 c 27 § 4; 1972
ex.s. c 24 § 3.]
47.60.530
Severability—1979 c 27: See note following RCW 47.60.505.
47.60.550 Parking or holding area for ferry patrons
in conjunction with municipal off-street parking facilities.
(1) Whenever a county, city, or other municipal corporation
acquires or constructs a facility to be used in whole or in part
for off-street parking of motor vehicles which is in the immediate vicinity of an existing or planned ferry terminal, the
department may enter into an agreement with the local governmental body providing for the use in part or at specified
times of the facility as a holding area for traffic waiting to
board a ferry or for parking by ferry patrons.
47.60.550
[Title 47 RCW—page 201]
47.60.560
Title 47 RCW: Public Highways and Transportation
(2) As a part of an agreement authorized by subsection
(1) of this section, the department, subject to the limitations
contained in RCW 47.60.505, may pledge any moneys in the
Puget Sound capital construction account in the motor vehicle fund, or to be deposited in the account, to guarantee the
payment of principal and interest on bonds issued by a
county, city, or other municipal corporation to finance the
acquisition or construction of the parking facility. In making
the pledge, the department shall reserve the right to issue its
own bonds for the purpose of paying the costs of acquiring
ferry vessels with the provision that the bonds shall rank on
parity with the bonds authorized by this section as a lien upon
moneys in or to be deposited in the Puget Sound capital construction account.
The department shall also reserve the right to pledge
moneys in the Puget Sound capital construction account to
guarantee subsequent bonds issued by any county, city, or
other municipal corporation to finance parking facilities as
authorized in subsection (1) of this section with the provision
that the subsequent bonds shall rank on parity with prior
bonds guaranteed pursuant to this section as a lien upon moneys in or to be deposited in the Puget Sound capital construction account. To the extent of any pledge herein authorized,
the department shall use the first moneys available in the
Puget Sound capital construction account to meet the obligations as they arise. [1986 c 66 § 10; 1984 c 7 § 335; 1975-’76
2nd ex.s. c 69 § 1.]
Effective date—1986 c 66: See note following RCW 47.60.400.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.560
47.60.560 General obligation bonds—Ferries—
Authorized—Purposes—Passenger-only vessels—Issuance, sale, and retirement. In order to provide funds necessary for vessel acquisition, vessel construction, major and
minor vessel improvements, and terminal construction and
improvements for the Washington state ferries, there shall be
issued and sold upon the request of the department general
obligation bonds of the state of Washington in the sum of one
hundred thirty-five million dollars or such amount thereof as
may be required (together with other funds available therefor). If the state of Washington is able to obtain matching
funds from the urban mass transportation administration or
other federal government agencies for the acquisition of passenger-only vessels capable of operating as an integral part of
the Washington state ferries on Puget Sound and the Straits of
Juan de Fuca, a sufficient amount of the proceeds of the
bonds authorized herein shall be used to pay the state’s share
of the acquisition cost of the passenger-only vessels. Upon
request being made by the department, the state finance committee shall supervise and provide for the issuance, sale, and
retirement of the bonds in accordance with chapter 39.42
RCW. The bonds may be sold from time to time in such
amounts as may be necessary for the orderly progress in constructing the ferries. The bonds shall be sold in such manner,
at such time or times, in such amounts, and at such price or
prices as the state finance committee shall determine. The
state finance committee may obtain insurance, letters of
credit, or other credit facility devices with respect to the
bonds and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the pur[Title 47 RCW—page 202]
pose of insuring the payment or enhancing the marketability
of the bonds. Promissory notes or other obligations issued
under this section shall not constitute a debt or the contracting
of indebtedness under any constitutional or statutory indebtedness limitation if their payment is conditioned upon the
failure of the state to pay the principal of or interest on the
bonds with respect to which the promissory notes or other
obligations relate. The state finance committee may authorize
the issuance of short-term obligations in lieu of long-term
obligations for the purposes of more favorable interest rates,
lower total interest costs, and increased marketability and for
the purposes of retiring the bonds during the life of the
project for which they were issued. [1986 c 290 § 8; 1985 c
176 § 1; 1984 c 7 § 336; 1977 ex.s. c 360 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 360: "If any provision of this 1977 amendatory act or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 360 § 13.]
47.60.570 Disposition of proceeds from sale of bonds.
The proceeds from the sale of the bonds shall be deposited in
the Puget Sound capital construction account of the motor
vehicle fund and such proceeds shall be available only for the
purposes enumerated in RCW 47.60.560, for the payment of
bond anticipation notes, if any, and for the payment of the
expense incurred in the drafting, printing, issuance, and sale
of such bonds. The costs of obtaining insurance, letters of
credit, or other credit enhancement devices with respect to
the bonds shall be considered to be expenses incurred in the
issuance and sale of the bonds. [1986 c 290 § 9; 1977 ex.s. c
360 § 2.]
47.60.570
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.580 Bonds—Terms—Principal and interest
payable from proceeds of state excise taxes on motor vehicle and special fuels. Bonds issued under the provisions of
RCW 47.60.560 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same
shall become due. The principal of and interest on such bonds
shall be first payable in the manner provided in RCW
47.60.560 through 47.60.640 from the proceeds of the state
excise taxes on motor vehicle and special fuels imposed by
chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and the
interest thereon issued under the provisions of RCW
47.60.560 through 47.60.640 and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under the
provisions of RCW 47.60.560 through 47.60.640. [1995 c
274 § 18; 1977 ex.s. c 360 § 3.]
47.60.580
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.590 Repayment of bonds—Fund sources. Any
funds required to repay the bonds authorized by RCW
47.60.560 or the interest thereon when due shall be taken
from that portion of the motor vehicle fund which results
47.60.590
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state for expenditure
pursuant to RCW 46.68.130 and shall never constitute a
charge against any allocations of such funds to counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise taxes on motor vehicle and
special fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
interest on any such bonds. [1977 ex.s. c 360 § 4.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.649
by RCW 47.60.420, 47.60.505(3), and 47.60.505(4), the obligation to reimburse the motor vehicle fund as required herein
shall constitute a first and prior charge against the funds
within and accruing to the Puget Sound capital construction
account, including the proceeds of the additional two-tenths
of one percent excise tax imposed by *RCW 82.44.020, as
amended by chapter 332, Laws of 1977 ex. sess. All funds
reimbursed to the motor vehicle fund as provided herein shall
be distributed to the state for expenditure pursuant to RCW
46.68.130. [1986 c 66 § 11; 1977 ex.s. c 360 § 7.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 §
47.60.600 Bonds—Powers and duties of state finance
committee. At least one year prior to the date any interest is
due and payable on such bonds or before the maturity date of
such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.60.590, the percentage of
the receipts in money of the motor vehicle fund resulting
from collection of excise taxes on motor vehicle and special
fuels, for each month of the year which shall be required to
meet interest or bond payments when due and shall notify the
treasurer of such estimated requirement. The state treasurer
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage
of the monthly receipts from excise taxes on motor vehicle
and special fuels of the motor vehicle fund to the ferry bond
retirement fund hereby created in the state treasury, which
funds shall be available solely for payment of the principal of
and interest on the bonds when due. If in any month it shall
appear that the estimated percentage of moneys so made is
insufficient to meet the requirements for payment of the principal thereof or interest thereon, the treasurer shall notify the
state finance committee forthwith and such committee shall
adjust its estimates so that all requirements for the interest on
and principal of all bonds issued shall be fully met at all
times. [1977 ex.s. c 360 § 5.]
47.60.600
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.610 Excess repayment funds—Disposition.
Whenever the percentage of the motor vehicle fund arising
from excise taxes on motor vehicle and special fuels payable
into the bond retirement fund proves more than is required for
the payment of interest on bonds when due, or current retirement of bonds, any excess may, in the discretion of the state
finance committee and with the concurrence of the department, be available for the prior redemption of any bonds or
remain available in the fund to reduce requirements upon the
fuel excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1984 c 7 § 337; 1977 ex.s.
c 360 § 6.]
47.60.610
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.620 Reimbursements and transfers of funds.
Whenever, pursuant to RCW 47.60.600, the state treasurer
shall transfer funds from the motor vehicle fund to the ferry
bond retirement fund, the state treasurer shall at the same
time reimburse the motor vehicle fund in an identical amount
from the Puget Sound capital construction account. After
each transfer by the treasurer of funds from the motor vehicle
fund to the bond retirement fund and to the extent permitted
47.60.620
(2008 Ed.)
2.
Effective date—1986 c 66: See note following RCW 47.60.400.
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.630 Bonds legal investment for public funds.
The bonds authorized in RCW 47.60.560 through 47.60.640
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1977 ex.s. c 360 § 8.]
47.60.630
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.640 Bonds—Equal charge against revenues
from motor vehicle and special fuel excise taxes. Bonds
issued under authority of RCW 47.60.560 through 47.60.640
and any subsequent general obligation bonds of the state of
Washington which may be authorized and which pledge
motor vehicle and special fuel excise taxes for the payment of
principal and interest thereon shall be an equal charge against
the revenues from such motor vehicle and special fuel excise
taxes. [1977 ex.s. c 360 § 9.]
47.60.640
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.645 Passenger ferry account. There is hereby
established in the transportation fund the passenger ferry
account. Money in the account shall be used for operating or
capital grants for ferry systems as provided in chapters 36.54,
36.57A, and 53.08 RCW. Moneys in the account shall be
expended with legislative appropriation. [2008 c 45 § 2;
2006 c 332 § 1; 1995 2nd sp.s. c 14 § 558.]
47.60.645
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
47.60.649 Passenger-only ferry service—Finding.
The legislature finds and declares that there is a compelling
need for the construction of additional state ferry vessels and
corresponding terminal improvements in order to provide
more capacity and frequent service to meet the forecasted
travel demands of citizens traveling on Puget Sound ferry
routes. The vessel technology required must provide additional travel options for high growth ferry routes through
increased passenger-only ferry service.
The 1989 west corridor study evaluated cross-sound
travel through the year 2020 and identified the Southworth to
Seattle and the Kingston to Seattle passenger-only ferry
routes as promising based on criteria evaluating cost-effectiveness, time savings, physical constraints to operation, non47.60.649
[Title 47 RCW—page 203]
47.60.652
Title 47 RCW: Public Highways and Transportation
duplication of current service, and ability to relieve congestion.
Furthermore, as a result of legislative direction provided
in the 1991-93 transportation budget to the state transportation commission to evaluate and determine the location of
new passenger-only ferry routes, the commission reviewed
several service alternatives, determined that the Southworth
to Seattle and Kingston to Seattle routes ranked highest, and
directed the Washington state ferries to proceed with the
design and permitting processes for passenger-only terminals
at both Southworth and Kingston. [1998 c 166 § 1.]
47.60.652 Passenger-only ferry service—Vessel and
terminal acquisition, procurement, and construction. The
department is authorized to proceed with the acquisition, procurement, and construction of a maximum of four passengeronly vessels that respond to the service demands of state ferry
service on the Southworth to Seattle and Kingston to Seattle
ferry routes, including the terminal and docking facilities
necessary to accommodate such service. The acquisition,
procurement, and construction of vessels and terminals
authorized herein shall be undertaken in accordance with the
authority provided in RCW 47.56.030. [1998 c 166 § 2.]
47.60.652
47.60.654 Passenger-only ferry service—Contingency. The department’s authority to proceed with the acquisition, procurement, and construction of vessels and terminals authorized under RCW 47.60.652 is contingent on a legislative appropriation approving that authority: PROVIDED,
That the appropriation does not reduce the current level of
funding for the maintenance and repair of vessels and terminals in service as of June 11, 1998. [1998 c 166 § 3.]
47.60.654
Reviser’s note: Cf. 1998 c 346 § 913.
47.60.656 Passenger-only ferry service—Conveyance
of vessels authorized. The department of transportation may
enter into contracts with public transportation benefit areas
meeting the requirements of RCW 36.57A.200 or county
ferry districts to convey passenger-only ferry vessels and
other properties associated with passenger-only ferry service
that serve to provide passenger-only ferry service, as full or
part consideration for the benefit area or ferry district assuming all future maintenance and operation obligations and
costs required to maintain and operate the vessel and facilities. The conveyances must provide that the vessels or properties revert to the department if the vessels are not used for
providing passenger-only ferry service. [2003 c 83 § 203.]
47.60.656
47.60.662 Ferry system collaboration with passenger--only ferry service providers. The Washington state
ferry system shall collaborate with new and potential passenger-only ferry service providers, as described in chapters
36.54, 36.57A, and 53.08 RCW, for terminal operations at its
existing terminal facilities. [2008 c 45 § 3; 2007 c 223 § 3;
2006 c 332 § 5.]
47.60.662
Effective date—2007 c 223: See note following RCW 36.57A.220.
47.60.680 Prequalification of contractors required.
No contract for the construction, improvement, or repair of a
ferry, ferry terminal, or other facility operated by the Washington state ferries or for the repair, overhaul, or the drydocking of any ferry operated by Washington state ferries
may be awarded to any contractor who has not first been
prequalified to perform the work by the department of transportation. No bid or proposal for such a contract may be
received from any contractor who has not first been prequalified to perform the work by the department of transportation.
[1983 c 133 § 1.]
47.60.680
47.60.690 Qualifications of contractor—Rules to
assure. The secretary of transportation shall adopt rules prescribing standards and criteria to assure that each ferry system construction and repair contract described in RCW
47.60.680 shall be awarded to a competent and responsible
contractor who has all of the following qualifications:
(1) Adequate financial resources, which may take into
account the ability of the contractor to secure such resources;
(2) The necessary organization, personnel, equipment,
facilities, experience, and technical qualification[s] to perform ferry system construction and repair contracts generally
and with respect to any specific contract such additional special qualifications as may be necessary to perform the contract;
(3) The ability to comply with the department’s performance schedules taking into account the outstanding work on
all of the contractor’s construction and repair contracts;
(4) A satisfactory record of performing previous contracts;
(5) A satisfactory record of integrity, judgment, and
skills; and
(6) Such other qualifications as the secretary may prescribe to assure that prequalified contractors are competent
and responsible. [1983 c 133 § 2.]
47.60.690
47.60.700 Application for prequalification—Form.
Any contractor desiring to submit bids or proposals for ferry
system construction or repair contracts as described in RCW
47.60.680 shall file an application for prequalification with
the department. The application shall be on a standard form
supplied by the department. The form shall require a complete statement of the applicant’s financial ability, including
a statement of the applicant’s current net assets and working
capital. The form shall require such additional information as
may be necessary for the department to determine whether or
not the applicant is entitled to be prequalified in accordance
with RCW 47.60.680 through 47.60.760 and the rules
adopted thereunder. [1983 c 133 § 3.]
47.60.700
Reviser’s note: 2003 c 83 directed that this section be added to chapter
47.52 RCW. However, codification in chapter 47.60 RCW appears to be
more appropriate.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
47.60.658 Passenger--only ferry service between Vashon and Seattle. The department shall maintain the level of
service existing on January 1, 2006, for the Vashon to Seattle
passenger-only ferry route until such time as the route is
assumed by another entity, providing a level of service at or
exceeding the state level. [2007 c 223 § 8; 2006 c 332 § 3.]
47.60.658
Effective date—2007 c 223: See note following RCW 36.57A.220.
[Title 47 RCW—page 204]
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
47.60.710 Department authority to obtain information. Upon request by the department an applicant for
prequalification shall authorize the department to obtain any
information pertinent to the application, including information relating to the applicant’s net worth, assets, and liabilities, from banks or other financial institutions, surety companies, and material and equipment suppliers. [1983 c 133 § 4.]
47.60.710
47.60.720 Additional investigation—Terms of
prequalification—Notice of nonqualification. Upon
receipt of an application by a contractor for prequalification
to perform ferry system construction and repair contracts, the
department shall conduct such additional investigation as it
deems necessary. If it finds that the applicant is qualified in
accordance with the rules as adopted by the secretary, the
department shall prequalify the contractor to perform the
contracts for a period of one year. The prequalification shall
fix the aggregate dollar amount of work, including any contract let by the department, that the contractor may have
under contract and uncompleted at any one time and may
limit the contractor to the submission of bids or proposals
upon a certain class of work. Subject to any restrictions on the
dollar amount or class of work specified thereunder, the
prequalification shall authorize a contractor to bid or submit
proposals on all ferry system construction and repair contracts mentioned in RCW 47.60.680 except contracts requiring special prequalification. If the department determines that
an applicant is not entitled to prequalification, it shall give
written notice of the determination to the applicant. [1983 c
133 § 5.]
47.60.720
47.60.730 Renewal of prequalification—Nonrenewal
or revocation, notice. A contractor may apply annually for
renewal of its prequalification by submission of a new or supplemental questionnaire and financial statement on standard
forms provided by the department. Based upon information
received at the time of renewal or at any other time the
department may amend the prequalification of the contractor
as to the dollar amount or class of work that the contractor
may perform or may refuse to renew the prequalification or
may revoke a prequalification previously approved, all in
accordance with the same standards and criteria used for considering an original application for prequalification. The
department shall give written notice of any such action to the
contractor. [1983 c 133 § 6.]
47.60.730
47.60.740 Rejection of bid despite prequalification—
Unqualified bidder. If the department finds, after the opening of bids, that facts exist that would disqualify the lowest
bidder, or that the lowest bidder is not competent or responsible in accordance with the standards and criteria for prequalifying contractors, the department shall reject the bid despite
the prior prequalification of the bidder. No contract may be
awarded to a bidder not qualified to bid on it at the time fixed
for receiving bids. [1983 c 133 § 7.]
47.60.740
47.60.750 Appeal of refusal, modification, or revocation of prequalification. The action of the department in
refusing, modifying, or revoking the prequalification of any
contractor under RCW 47.60.680 through 47.60.740 is con47.60.750
(2008 Ed.)
47.60.772
clusive unless an appeal is filed with the Thurston county
superior court within ten days after receiving written notice
of the refusal, modification, or revocation. The appeal shall
be heard summarily within twenty days after the appeal is
taken and on five days notice thereof to the department. The
court shall hear any such appeal on the administrative record
that was before the department. The court may affirm the
decision of the department, or it may reverse the decision if it
determines the action of the department was arbitrary or
capricious. [1983 c 133 § 8.]
47.60.760 Financial information regarding qualifying not public. The department of transportation shall not be
required to make available for public inspection and copying
financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750. [1983 c 133
§ 9.]
47.60.760
47.60.770 Jumbo ferry construction—Notice. Whenever the department is authorized to construct one or more
new jumbo ferry vessels under this chapter, it shall publish a
notice of its intent once a week for at least two consecutive
weeks in at least one trade paper and one other paper, both of
general circulation in the state. The notice shall contain, but
not be limited to, the following information:
(1) The number of jumbo ferry vessels to be constructed
and the proposed delivery date for each vessel;
(2) A short summary of the requirements for prequalification of bidders including a statement that prequalification
is a prerequisite to consideration by the department of any
bid, and a statement that the bidder shall submit its bid for the
vessel in compliance with the plans and specifications supplied by the state; and
(3) An address and telephone number that may be used
to obtain the bid package. [1993 c 493 § 1.]
47.60.770
Effective date—1993 c 493: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 18, 1993]." [1993 c 493 § 8.]
47.60.772 Jumbo ferry construction—Bidding documents. The department shall send to any firm that requests it
bidding documents specifying the criteria for the jumbo ferry
vessels. The bid documents shall include, but not be limited
to, the following information:
(1) Solicitation of a bid to deliver to the department vessels that are constructed as specified by the plans and specifications provided by the department;
(2) A requirement that bids submitted should include one
bid for the construction of three vessels;
(3) The proposed delivery date for each vessel, the port
on Puget Sound where delivery will be taken, and the location where acceptance sea trials will be held;
(4) The amount and form of required contract security
under RCW 39.08.100;
(5) A copy of the vessel construction contract that will be
signed by the successful bidder;
(6) The date by which bids for ferry vessel construction
must be received by the department in order to be considered;
47.60.772
[Title 47 RCW—page 205]
47.60.774
Title 47 RCW: Public Highways and Transportation
(7) A requirement that the contractor comply with all
applicable laws, rules, and regulations including, but not limited to those pertaining to the environment, worker health and
safety, and prevailing wages;
(8) A requirement that the vessels be constructed within
the boundaries of the state of Washington except that equipment furnished by the state and components, products, and
systems that are standard manufactured items are not subject
to the in-state requirement under this subsection. For the purposes of this section, "constructed" means: The fabrication,
by the joining together by welding or fastening of all steel
parts from which the total vessel is constructed, including,
but not limited to, all shell frames, longitudinals, bulkheads,
webs, piping runs, wire ways, and ducting. "Constructed"
also means the installation of all components and systems,
including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint and
joiner work, required by the contract. "Constructed" also
means the interconnection of all equipment, machinery, and
services, such as piping, wiring, and ducting;
(9) A requirement that all warranty work on the vessel be
performed within the boundaries of the state of Washington,
insofar as practicable;
(10) A statement that any bid submitted constitutes an
offer and remains open until ninety days after the deadline for
submitting bids, unless the firm submitting it withdraws it by
formal written notice that is received by the department
before the date and time specified for opening of the bids,
together with an explanation of the requirement that all bids
submitted be accompanied by a bid deposit in the amount of
five percent of the bid amount; and
(11) A listing of all equipment to be furnished by the
state. [1993 c 493 § 2.]
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.774 Jumbo ferry construction—Procedure on
conclusion of evaluation. (1) Upon concluding its evaluation, the department may:
(a) Select the firm submitting the lowest responsible bid
for the construction of new jumbo ferries, taking into consideration the requirements stated in the bid documents and rank
the remaining firms, judging them by the same standards;
(b) Reject all bids not in compliance with the requirements contained in the bid documents;
(c) Reject all bids.
(2) The department shall immediately notify those firms
that were not selected as the firm presenting the lowest
responsible bid. The department’s selection is conclusive
unless appeal from it is taken by an aggrieved firm to the
superior court of Thurston county within five days after
receiving notice of the department’s final decision. The
appeal shall be heard summarily within ten days after it is
taken and on five days’ notice to the department. The court
shall hear any appeal on the administrative record that was
before the department. The court may affirm the decision of
the department, or it may reverse the decision if it determines
the action of the department was arbitrary or capricious.
[1993 c 493 § 4.]
47.60.774
Effective date—1993 c 493: See note following RCW 47.60.770.
[Title 47 RCW—page 206]
47.60.776 Jumbo ferry construction—Contract. (1)
Upon selecting the firm that has submitted the lowest responsible bid for the construction of new jumbo ferries, and ranking the remaining firms in order of preference, the department shall:
(a) Sign a contract with the firm presenting the lowest
responsible bid; or
(b) If a final agreement satisfactory to the department
cannot be signed with the firm presenting the lowest responsible bid, the department may sign a contract with the firm
ranked next lowest bidder. If necessary, the department may
repeat this procedure with each firm in order until the list of
firms has been exhausted, or reject all bids.
(2) In developing a contract for the construction of ferry
vessels, the department may, subject to the provisions of
*RCW 39.25.020, authorize the use of foreign-made materials and components, products, and systems that are standard
manufactured items in the construction of ferries in order to
minimize costs. [1993 c 493 § 5.]
47.60.776
*Reviser’s note: RCW 39.25.020 was repealed by 1994 c 138 § 2.
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.778 Jumbo ferry construction—Bid deposits—
Low bidder claiming error. Bids submitted by firms under
this section constitute an offer and shall remain open for
ninety days. When submitted, each bid shall be accompanied
by a deposit in cash, certified check, cashier’s check, or
surety bond in an amount equal to five percent of the bid
amount, and no bid may be considered unless the deposit is
enclosed. If the department awards a contract to a firm and
the firm fails to enter into a contract or fails to furnish a satisfactory contract security as required by RCW 39.08.100, its
deposit shall be forfeited to the state and be deposited by the
state treasurer to the credit of the Puget Sound capital construction account. A low bidder who claims error and fails to
enter into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for the
project. Upon the execution of a ferry construction contract
for the construction of new jumbo ferries, all bid deposits
shall be returned. [1996 c 18 § 9; 1993 c 493 § 6.]
47.60.778
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.780 Jumbo ferry construction—Propulsion
system acquisition. (1) The department may enter into a
contract for the acquisition of the propulsion system, or any
component of it, including diesel engines and spare parts, for
installation into one or more of the three Jumbo Class Mark II
ferry vessels authorized under this chapter. This authorization does not limit the department from obtaining and installing the propulsion system, or any component of it, as incidental to the overall vessel construction contract authorized
under RCW 47.60.770 through 47.60.778, nor from proceeding to complete an existing contract for acquisition of the propulsion system or any component of it.
(2) Acquisition of a propulsion system, or any component of it, for the Jumbo Class Mark II ferries by the department under this section is exempt from chapter 43.19 RCW.
(3) Whenever the department decides to enter into an
acquisition contract under this section it shall publish a notice
of its intent to negotiate such a contract once a week for at
47.60.780
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
least two consecutive weeks in one trade newspaper and one
other newspaper, both of general circulation in the state. The
notice must contain, but is not limited to, the following information:
(a) The identity of the propulsion system or components
to be acquired and the proposed delivery dates for the propulsion system or components;
(b) An address and telephone number that may be used
to obtain the request for proposal.
(4) The department shall send to any firm that requests it,
a request for proposal outlining the design and construction
requirements for the propulsion system, including any
desired components. The request for proposal must include,
but is not limited to, the following information:
(a) The proposed delivery date for each propulsion system or desired component and the location where delivery
will be taken;
(b) The form and formula for contract security;
(c) A copy of the proposed contract;
(d) The date by which proposals must be received by the
department in order to be considered; and
(e) A statement that any proposal submitted constitutes
an offer and must remain open until ninety days after the
deadline for submitting proposals, together with an explanation of the requirement that all proposals submitted must be
accompanied by a deposit in the amount of five percent of the
proposed cost.
(5) The department shall evaluate all timely proposals
received for: (a) Compliance with the requirements specified
in the request for proposal; and (b) suitability of each firm’s
proposal by applying appropriate criteria to be developed by
the department: (i) To assess the ability of the firm to expeditiously and satisfactorily perform and (ii) to accomplish an
acquisition that is most advantageous to the department. A
portion of the technical requirements addressed in the request
for proposal shall include, but is not limited to, user verifications of manufacturer’s reliability claims; the quality of
engine maintenance documentation; and engine compatibility with ship design.
(6) The criteria to select the most advantageous diesel
engine under subsection (5)(b)(ii) shall consist of life-cycle
cost factors weighted at forty-five percent; and operational
factors weighted as follows: Reliability at twenty percent,
maintainability at twenty percent, and engine performance at
fifteen percent. For purposes of this subsection, the life-cycle
cost factors shall consist of the costs for engine acquisition
and warranty, spare parts acquisition and inventory, fuel efficiency and lubricating oil consumption, and commonality.
The fuel efficiency and lubricating oil consumption life-cycle
cost factors shall receive not less than twenty percent of the
total evaluation weighting and shall be evaluated under a format similar to that employed in the 1992 M.V. Tyee engine
replacement contract. The reliability factors shall consist of
the length of service and reliability record in comparable
uses, and mean time between overhauls. The mean time
between overhauls evaluation shall be based upon the manufacturer’s required hours between change of wear components. The maintainability factors shall consist of spare parts
availability, the usual time anticipated to perform typical
repair functions, and the quality of factory training programs
for ferry system maintenance staff. The performance factors
(2008 Ed.)
47.60.780
shall consist of load change responsiveness, and air quality of
exhaust and engine room emissions.
(7) Upon concluding its evaluation, the department shall:
(a) Select the firm presenting the proposal most advantageous to the department, taking into consideration compliance with the requirements stated in the request for proposal,
and the criteria developed by the department, and rank the
remaining firms in order of preference, judging them by the
same standards; or
(b) Reject all proposals as not in compliance with the
requirements contained in the request for proposals.
(8) The department shall immediately notify those firms
that were not selected as the firm presenting the most advantageous proposal of the department’s decision. The department’s decision is conclusive unless an aggrieved firm
appeals the decision to the superior court of Thurston county
within five days after receiving notice of the department’s
final decision. The appeal shall be heard summarily within
ten days after it is taken and on five days’ notice to the department. The court shall hear the appeal on the administrative
record that was before the department. The court may affirm
the decision of the department, or it may reverse the decision
if it determines the action of the department is arbitrary or
capricious.
(9) Upon selecting the firm that has presented the most
advantageous proposal and ranking the remaining firms in
order of preference, the department shall:
(a) Negotiate a contract with the firm presenting the most
advantageous proposal; or
(b) If a final agreement satisfactory to the department
cannot be negotiated with the firm presenting the most
advantageous proposal, the department may then negotiate
with the firm ranked next highest in order of preference. If
necessary, the department may repeat this procedure and
negotiate with each firm in order of rank until the list of firms
has been exhausted.
(10) Proposals submitted by firms under this section constitute an offer and must remain open for ninety days. When
submitted, each proposal must be accompanied by a deposit
in cash, certified check, cashier’s check, or surety bond in the
amount equal to five percent of the amount of the proposed
contract price, and the department may not consider a proposal that has no deposit enclosed with it. If the department
awards a contract to a firm under the procedure set forth in
this section and the firm fails to enter into the contract and
furnish the required contract security within twenty days,
exclusive of the day of the award, its deposit shall be forfeited
to the state and deposited by the state treasurer to the credit of
the Puget Sound capital construction account. Upon the execution of a contract all proposal deposits shall be returned.
[1994 c 181 § 2.]
Finding and intent—1994 c 181: "The legislature finds and declares
that:
A 1991 legislative study, conducted by Booz. Allen, Hamilton and M.
Rosenblatt and Son, examining the Washington state ferries’ management of
its vessel refurbishment and construction program, resulted in recommendations for improvements and changes in the vessel refurbishment and construction program. These legislatively adopted recommendations encourage
and support input by Washington state ferries’ engineers in the development
of refurbishment and new construction project requirements.
The recommendations of the Booz. Allen study have been applied to
the construction of the Jumbo Class Mark II ferries through the appointment
of a Jumbo Class Mark II steering committee comprised of current state ferry
[Title 47 RCW—page 207]
47.60.800
Title 47 RCW: Public Highways and Transportation
engineers responsible for the design, operation, and maintenance of state
ferry vessels.
The steering committee, in carrying out the recommendations of the
Booz. Allen study, has determined that the procedure for the procurement of
equipment, parts, and supplies for the Jumbo Class Mark II ferry vessels
authorized by RCW 47.60.770 through 47.60.778, must take into consideration, in addition to life-cycle cost criteria, criteria that are essential to the
operation of a public mass transportation system responsive to the needs of
Washington state ferries’ users, and that assess the reliability, maintainability, and performance of equipment, parts, and supplies to be installed in the
Jumbo Mark II ferries.
The construction of the new Jumbo Class Mark II ferry vessels authorized by RCW 47.60.770 through 47.60.778 is critical to the welfare of the
state and any delay in the immediate construction of the ferries will result in
severe hardship and economic loss to the state and its citizens. Recognizing
these findings, it is the intent of the legislature that the vessel construction
should not be delayed further because of the acquisition of a propulsion system, or any component of it, for the ferries, and to authorize the department
of transportation to acquire all components of a complete propulsion system
as soon as possible so that planned construction of the Jumbo Class Mark II
ferry vessels can proceed immediately.
The purpose of this chapter is to authorize the use, by the department,
of supplemental, alternative contracting procedures for the procurement of a
propulsion system, and the components thereof, for the Jumbo Class Mark II
ferries; and to prescribe appropriate requirements and criteria to ensure that
contracting procedures for such procurement serve the public interest."
[1994 c 181 § 1.]
Effective date—1994 c 181: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1994]." [1994 c 181 § 4.]
47.60.800 General obligation bonds—1992 issue—
Purpose—Issuance and sale. In order to provide funds necessary for vessel and terminal acquisition, construction, and
major and minor improvements, including long lead time
materials acquisition for the Washington state ferries, there
shall be issued and sold upon the request of the Washington
state transportation commission and legislative appropriation
a total of two hundred ten million dollars of general obligation bonds of the state of Washington. [1992 c 158 § 1.]
47.60.800
47.60.802 Bonds—1992 issue—Supervision of sale by
state finance committee—Option of short-term obligations. (1) Upon request being made by the transportation
commission, the state finance committee shall supervise and
provide for the issuance, sale, and retirement of the bonds
authorized by RCW 47.60.800 through 47.60.808 in accordance with chapter 39.42 RCW. The bonds may be sold from
time to time in such amounts as may be necessary for the purposes under RCW 47.60.800. The bonds shall be sold in such
manner, at such time or times, in such amounts, and at such
price or prices as the state finance committee shall determine.
No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
(2) The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower
total interest costs, and increased marketability and for the
purposes of retiring the bonds during the life of the project for
which they were issued. [1992 c 158 § 2.]
47.60.802
47.60.804 Bonds—1992 issue—Use of proceeds. The
proceeds from the sale of bonds authorized by RCW
47.60.800 through 47.60.808 shall be deposited in the Puget
Sound capital construction account of the motor vehicle fund
47.60.804
[Title 47 RCW—page 208]
and such proceeds shall be available only for the purposes
under RCW 47.60.800, for the payment of bond anticipation
notes, if any, and for the payment of bond issuance costs,
including the costs of underwriting. [1992 c 158 § 3.]
47.60.806
47.60.806 Bonds—1992 issue—Payment of principal
and interest from pledged excise taxes. Bonds issued under
the authority of RCW 47.60.800 through 47.60.808 shall distinctly state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
such principal and interest as the same shall become due. The
principal and interest shall be first payable in the manner provided in RCW 47.60.800 through 47.60.808 from the proceeds of the state excise taxes on motor vehicle and special
fuels imposed by chapters 82.36 and 82.38 RCW and distributed to the state pursuant to RCW 46.68.130 and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle and special fuels and available for state highway purposes proves insufficient to meet the requirements for bond
retirement or interest on any such bonds. Proceeds of such
excise taxes are hereby pledged to the payment of any bonds
and the interest thereon issued under the authority of RCW
47.60.800 through 47.60.808, and the legislature agrees to
continue to impose these excise taxes on motor vehicle and
special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of
RCW 47.60.800 through 47.60.808. [1995 c 274 § 19; 1992
c 158 § 4.]
47.60.808
47.60.808 Bonds—1992 issue—Payment from ferry
bond retirement fund. Both principal and interest on the
bonds issued for the purposes of RCW 47.60.800 through
47.60.808 shall be payable from the ferry bond retirement
fund authorized in RCW 47.60.600. Whenever, pursuant to
RCW 47.60.800 and 47.60.806, the state treasurer transfers
funds from the motor vehicle fund to the ferry bond retirement fund, the state treasurer may at the same time reimburse
the motor vehicle fund in an identical amount from the Puget
Sound capital construction account. [1992 c 158 § 5.]
47.60.810
47.60.810 Design-build ferries—Authorized—Phases
defined. (1) The department may purchase new auto ferries
through use of a modified request for proposals process
whereby the prevailing shipbuilder and the department
engage in a design and build partnership for the design and
construction of the auto ferries. The process consists of the
three phases described in subsection (2) of this section.
(2) The definitions in this subsection apply throughout
RCW 47.60.812 through 47.60.822.
(a) "Phase one" means the evaluation and selection of
proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical proposals by the selected proposers in consultation with the
department.
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
(c) "Phase three" means the submittal and evaluation of
bids, the award of the contract to the successful proposer, and
the design and construction of the auto ferries. [2001 c 226 §
4.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.812 Design-build ferries—Notice of request for
proposals. To commence the request for proposals process,
the department shall publish a notice of its intent once a week
for at least two consecutive weeks in at least one trade paper
and one other paper, both of general circulation in the state.
The notice must contain, but is not limited to, the following
information:
(1) The number of auto ferries to be procured, the auto
and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals
design and build partnership will be used in the procurement
process;
(3) A short summary of the requirements for prequalification of proposers including a statement that prequalification is a prerequisite to submittal of a proposal in phase one;
and
(4) An address and telephone number that may be used
to obtain a prequalification questionnaire and the request for
proposals. [2001 c 226 § 5.]
47.60.812
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.814 Design-build ferries—Issuance of request
for proposals. Subject to legislative appropriation for the
procurement of vessels, the department shall issue a request
for proposals to interested parties that must include, at least,
the following:
(1) Solicitation of a proposal to participate in a design
and build partnership with the department to design and construct the auto ferries;
(2) Instructions on the prequalification process and procedures;
(3) A description of the modified request for proposals
process. Under this process, the department may modify any
component of the request for proposals, including the outline
specifications, by addendum at any time before the submittal
of bids in phase three;
(4) A description of the design and build partnership process to be used for procurement of the vessels;
(5) Outline specifications that provide the requirements
for the vessels including, but not limited to, items such as
length, beam, displacement, speed, propulsion requirements,
capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce notional
line drawings depicting hull geometry that will interface with
Washington state ferries terminal facilities. Notional lines
may be modified in phase two, subject to approval by the
department;
(6) Instructions for the development of technical proposals in phase two, and information regarding confidentiality of
technical proposals;
47.60.814
(2008 Ed.)
47.60.816
(7) The vessel delivery schedule, identification of the
port on Puget Sound where delivery must take place, and the
location where acceptance trials must be held;
(8) The estimated price range for the contract;
(9) The form and amount of the required bid deposit and
contract security;
(10) A copy of the contract that will be signed by the successful proposer;
(11) The date by which proposals in phase one must be
received by the department in order to be considered;
(12) A description of information to be submitted in the
proposals in phase one concerning each proposer’s qualifications, capabilities, and experience;
(13) A statement of the maximum number of proposers
that may be selected in phase one for development of technical proposals in phase two;
(14) Criteria that will be used for the phase one selection
of proposers to participate in the phase two development of
technical proposals;
(15) A description of the process that will be used for the
phase three submittal and evaluation of bids, award of the
contract, and postaward administrative activities;
(16) A requirement that the contractor comply with all
applicable laws, rules, and regulations including but not limited to those pertaining to the environment, worker health and
safety, and prevailing wages;
(17) A requirement that the vessels be constructed within
the boundaries of the state of Washington except that equipment furnished by the state and components, products, and
systems that are standard manufactured items are not subject
to the in-state requirement under this subsection. For the purposes of this subsection, "constructed" means the fabrication,
by the joining together by welding or fastening of all steel
parts from which the total vessel is constructed, including,
but not limited to, all shell frames, longitudinals, bulkheads,
webs, piping runs, wire ways, and ducting. "Constructed"
also means the installation of all components and systems,
including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint, and
joiner work required by the contract. "Constructed" also
means the interconnection of all equipment, machinery, and
services, such as piping, wiring, and ducting; and
(18) A requirement that all warranty work on the vessel
must be performed within the boundaries of the state of
Washington, insofar as practical. [2001 c 226 § 6.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.816 Design-build ferries—Phase one. Phase
one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in
subsequent development of technical proposals in phase two,
as follows:
(1) The department shall issue a request for proposals to
interested parties.
(2) The request for proposals must require that each proposer prequalify for the contract under chapter 468-310
WAC, except that the department may adopt rules for the
financial prequalification of proposers for this specific contract only. The department shall modify the financial prequalification rules in chapter 468-310 WAC in order to maximize
47.60.816
[Title 47 RCW—page 209]
47.60.818
Title 47 RCW: Public Highways and Transportation
competition among financially capable and otherwise qualified proposers. In adopting these rules, the department shall
consider factors including, without limitation: (a) Shipyard
resources in Washington state; (b) the cost to design and construct multiple vessels under a single contract without
options; and (c) the sequenced delivery schedule for the vessels.
(3) The department may use some, or all, of the nonfinancial prequalification factors as part of the evaluation factors in phase one to enable the department to select a limited
number of best qualified proposers to participate in development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals in
accordance with the selection criteria established in the
request for proposals. Selection criteria may include, but are
not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the
department shall select the best qualified proposers in accordance with the request for proposals. The selected proposers
must participate in development of technical proposals.
Selection must be made in accordance with the selection criteria stated in the request for proposals. All proposers must be
ranked in order of preference as derived from the same selection criteria. [2001 c 226 § 7.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.818 Design-build ferries—Phase two. Phase
two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for
proposals, including the outline specifications, and any
addenda to them. Technical proposals must include the following:
(a) Design and specifications sufficient to fully depict
the ferries’ characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and
details necessary for the proposer to develop a firm, fixed
price bid;
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with
each of the selected proposers to consider and critique their
designs, drawings, and specifications. These reviews must be
held to ensure that technical proposals meet the department’s
requirements and are responsive to the critiques conducted by
the department during the development of technical proposals.
(3) If, as a result of the periodic technical reviews or otherwise, the department determines that it is in the best interests of the department to modify any element of the request
47.60.818
[Title 47 RCW—page 210]
for proposals, including the outline specifications, it shall do
so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for
approval that include design, drawings, and specifications at
a sufficient level of detail to fully depict the ferries’ characteristics and identify installed equipment, and to enable a proposer to deliver a firm, fixed price bid to the department. The
department shall reject final technical proposals that modify,
fail to conform to, or are not fully responsive to and in compliance with the requirements of the request for proposals,
including the outline specifications, as amended by addenda.
[2001 c 226 § 8.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.820 Design-build ferries—Phase three. Phase
three consists of the submittal and evaluation of bids and the
award of the contract to the successful proposer for the final
design and construction of the auto ferries, as follows:
(1) The department shall request bids for detailed design
and construction of the vessels after completion of the review
of technical proposals in phase two. The department will
review detailed design drawings in phase three for conformity with the technical proposals submitted in phase two. In
no case may the department’s review replace the builder’s
responsibility to deliver a product meeting the phase two
technical proposal. The department may only consider bids
from selected proposers that have qualified to bid by submitting technical proposals that have been approved by the
department.
(2) Each qualified proposer must submit its total bid
price for all vessels, including certification that the bid is
based upon its approved technical proposal and the request
for proposals.
(3) Bids constitute an offer and remain open for ninety
days from the date of the bid opening. A deposit in cash, certified check, cashier’s check, or surety bond in an amount
specified in the request for proposals must accompany each
bid and no bid may be considered unless the deposit is
enclosed.
(4) The department shall evaluate the submitted bids.
Upon completing the bid evaluation, the department may
select the responsive and responsible proposer that offers the
lowest total bid price for all vessels.
(5) The department may waive informalities in the proposal and bid process, accept a bid from the lowest responsive and responsible proposer, reject any or all bids, republish, and revise or cancel the request for proposals to serve the
best interests of the department.
(6) The department may:
(a) Award the contract to the proposer that has been
selected as the responsive and responsible proposer that has
submitted the lowest total bid price;
(b) If a contract cannot be signed with the apparent successful proposer, award the contract to the next lowest
responsive and responsible proposer; or
(c) If necessary, repeat this procedure with each responsive and responsible proposer in order of rank until the list of
those proposers has been exhausted.
(7) If the department awards a contract to a proposer
under this section, and the proposer fails to enter into the con47.60.820
(2008 Ed.)
Puget Sound Ferry and Toll Bridge System
tract and furnish satisfactory contract security as required by
chapter 39.08 RCW within twenty days from the date of
award, its deposit is forfeited to the state and will be deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a ferry
design and construction contract all proposal deposits will be
returned.
(8) The department may provide an honorarium to reimburse each unsuccessful phase three proposer for a portion of
its technical proposal preparation costs at a preset, fixed
amount to be specified in the request for proposals. If the
department rejects all bids, the department may provide the
honoraria to all phase three proposers that submitted bids.
[2001 c 226 § 9.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.822 Design-build ferries—Notice to proposers
not selected—Appeal. (1) The department shall immediately notify those proposers that are not selected to participate in development of technical proposals in phase one and
those proposers who submit unsuccessful bids in phase three.
(2) The department’s decision is conclusive unless an
aggrieved proposer files an appeal with the superior court of
Thurston county within five days after receiving notice of the
department’s award decision. The court shall hear any such
appeal on the department’s administrative record for the
project. The court may affirm the decision of the department,
or it may reverse or remand the administrative decision if it
determines the action of the department was arbitrary and
capricious. [2001 c 226 § 10.]
47.60.822
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.824 Design-build ferries—Single best-qualified
proposer—Incentives—Proposal negotiations—Compensation. If at any point there is only a single best-qualified
proposer participating in the competitive design-build procurement process prior to the submission of bids in phase
three, or if there is only a single responsive and responsible
bid submitted in phase three, or if the current best-qualified
proposers elect to jointly submit a single proposal, the department may negotiate a fair-value contract with the proposer or
joint proposers. The negotiations may consider the scope of
work as well as contract price. The contract price must be
established between the department and the proposer through
negotiation based on detailed cost and price information provided by the proposer, the department, and other relevant
sources in a format as determined by the department. To
achieve efficiencies, the department may negotiate incentives
and economic cost sharing between the state and the proposer. In addition to the cost incentives, other incentives may
be considered, as determined by the department, to be in the
best interests of the state. Such incentives may include, but
are not limited to, key schedule milestones, technological
innovations, performance efficiencies, constructability, and
operational value or life-cycle cost. The department may
issue guidelines, requirements, and procedures for all negotiations.
If the department conducts negotiations with a single
remaining proposer or joint proposers prior to the submission
47.60.824
(2008 Ed.)
47.60.8241
of bids in phase three, all negotiations must be completed
within forty-five days of the department’s approval of the
final technical proposal. If the department conducts negotiations with a single responsive and responsible phase three
bidder, all negotiations must be completed within thirty days
of submission of the phase three bids.
If the department reaches an agreement with the proposer or joint proposers, the department shall submit a copy
of the contract, the final negotiated price, and supporting
information to the office of financial management at least ten
days prior to execution of the contract. If the final negotiated
price is greater than the legislature’s adopted expenditure
plan for vessel construction, the department may not execute
the contract until the legislature reviews the final proposals
and adjusts the expenditure plan accordingly.
If the department is unable within the designated time
period to reach an agreement with the proposer or joint proposers that is fair, reasonable, and in the department’s budget,
or if the proposers initially provide notice of their intent to
jointly submit a single proposal but fail to do so, or if any one
of the proposers withdraws from a jointly submitted single
proposal before entering into a contract with the department,
or if both of the current best-qualified proposers withdraw or
otherwise fail to proceed with the request for proposals process, the department may issue a new request for proposals or
cancel the request for proposals process, to serve the best
interests of the state.
The department may pay an honorarium in a specified
amount determined by the department to a proposer or joint
proposers who has [have] submitted a final, approved technical proposal and with whom the department has engaged in
unsuccessful negotiations. The proposer or joint proposers
shall not receive any other compensation for attempting to
negotiate a contract, except to the extent allowed by the
department in a final contract awarded pursuant to the request
for proposal. [2007 c 481 § 2.]
Effective date—2007 c 481: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2007]." [2007 c 481 § 3.]
47.60.8241 Findings—Single proposal process for
new ferry vessel construction. The legislature finds that the
Washington state ferry system has an excellent safety record
and has commenced a long-term vessel procurement plan to
ensure the replacement of older and outdated ferry vessels.
The legislature further finds that the current vessel procurement process must move forward with all due speed, balancing the interests of both the taxpayers and shipyards. The
commencement of construction of new vessels is important
not only for safety reasons, but also to keep skilled marine
construction jobs in the Puget Sound region and to sustain the
capacity of the region to meet the ongoing preservation needs
of the ferry system fleet of vessels.
The legislature further finds that the balancing of interests described in this section may necessitate the department
of transportation to consider in the department’s current new
144—auto ferries request for proposals a single proposal submitted jointly by the current best-qualified proposers. The
department may, therefore, consider and accept or reject in
the department’s discretion such a single proposal, and the
47.60.8241
[Title 47 RCW—page 211]
47.60.830
Title 47 RCW: Public Highways and Transportation
current best-qualified proposers may meet and confer to discuss matters that are reasonably necessary to determine
whether to submit such a single proposal and to implement a
single final contract if the proposal is accepted by the department. Discussions may address the terms of any agreement
that may be entered into between the best-qualified proposers
for purposes of submitting a single proposal, as well as any
agreement that may be entered into with the department. Discussions may also address cost and price information and
division of work under the request for proposals. The current
best-qualified proposers shall each expressly declare in writing to the department, their intent, if any, to jointly submit a
single proposal within thirty days of May 14, 2007, and shall
further provide within the thirty-day period information that
may be required by the department including, but not limited
to, information regarding the proposed shipyard organizational structure and responsibilities of each participant. If at
the end of the thirty-day period the proposers have not
declared such an intent and provided the information required
by the department, or if the department, in its discretion,
determines that the joint venture, other legal entity, or organizational structure, or division of responsibilities intended by
the joint proposers are unacceptable and not in the best interests of the state, the proposers will be deemed as proposing
separately to the request for proposals, and further discussions related to the request for proposals shall not be allowed
between the proposers.
To further facilitate the balancing of interests described
in this section, the department of transportation may, in its
discretion, make revisions to the request for proposals that
the department deems necessary or appropriate to balance
such interests. [2007 c 481 § 1.]
Effective date—2007 c 481: See note following RCW 47.60.824.
47.60.830
47.60.830 Ferry system operation—Fuel purchasing
strategies—Report. In performing the function of operating
its ferry system, the department may, subject to the availability of amounts appropriated for this specific purpose and after
consultation with the department of general administration’s
office of state procurement, explore and implement strategies
designed to reduce the overall cost of fuel and mitigate the
impact of market fluctuations and pressure on both shortterm and long-term fuel costs. These strategies may include,
but are not limited to, futures contracts, hedging, swap transactions, option contracts, costless collars, and long-term storage. The department shall periodically submit a report to the
transportation committees of the legislature and the office of
state procurement on the status of any such implemented
strategies, including cost mitigation results, a description of
each contract established to mitigate fuel costs, the amounts
of fuel covered by the contracts, the cost mitigation results,
and any related recommendations. The first report must be
submitted within one year of implementation. [2008 c 126 §
4.]
Finding—Intent—2008 c 126: See note following RCW 35.58.262.
[Title 47 RCW—page 212]
Chapter 47.61 RCW
ACQUISITION OF NEW FERRY VESSELS UNDER
URBAN MASS TRANSPORTATION ACT OF 1964
Chapter 47.61
Sections
47.61.010
47.61.020
47.61.030
47.61.040
47.61.050
47.61.060
47.61.070
47.61.080
47.61.090
47.61.100
47.61.110
Authority to enter into agreement and apply for financial assistance.
Bonds for matching funds—Issuance and sale.
Term of bonds—Terms and conditions.
Bonds—Signatures—Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Proceeds of bonds—Deposit and use.
Statement describing nature of bond obligation—Pledge of
excise taxes.
Bonds to reflect terms and conditions of grant agreement.
Designation of funds to repay bonds and interest.
Bond repayment procedure—Highway bond retirement fund.
Sums in excess of bond retirement requirements—Use.
47.61.010 Authority to enter into agreement and
apply for financial assistance. Recognizing that the Washington state ferries system is an integral part of the state highway system, the department is authorized to enter into an
agreement with the administrator of the housing and home
finance agency and to make application for a grant for financial assistance for the acquisition by construction or purchase
of new vessels pursuant to the provisions of the Urban Mass
Transportation Act of 1964. [1984 c 7 § 338; 1965 ex.s. c 56
§ 1.]
47.61.010
Severability—1984 c 7: See note following RCW 47.01.141.
47.61.020 Bonds for matching funds—Issuance and
sale. In order to provide necessary state matching funds as
required by the Urban Mass Transportation Act of 1964,
there shall be issued and sold limited obligation bonds of the
state of Washington in the sum of eleven million dollars, or
such amount thereof and at such times as determined to be
necessary by the state highway commission. No bonds shall
be issued under the provisions of this chapter until the administrator of the housing and home finance agency has
approved a grant to the Washington state highway commission of not less than fifty percent of the cost of acquisition of
vessels referred to in RCW 47.61.010. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee which, upon request
being made by the Washington state highway commission,
shall provide for the issuance, sale and retirement of coupon
or registered bonds to be dated, issued, and sold from time to
time in such amounts as may be necessary for the orderly
progress of said project. [1965 ex.s. c 56 § 2.]
47.61.020
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.61.030 Term of bonds—Terms and conditions.
Each of such bonds shall be made payable at any time not
exceeding twenty-five years from the time of its issuance,
with such reserved rights of prior redemption, bearing such
interest, and such terms and conditions, as the state finance
committee may prescribe to be specified therein. [1965 ex.s.
c 56 § 3.]
47.61.030
(2008 Ed.)
Marine Employees—Public Employment Relations
47.61.040
47.61.040 Bonds—Signatures—Registration—
Where payable—Negotiable instruments. The bonds shall
be signed by the governor and the state treasurer under the
seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and
any coupons attached to such bonds shall be signed by the
same officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee
may provide. All bonds issued hereunder shall be fully negotiable instruments. [1965 ex.s. c 56 § 4.]
Chapter 47.64
47.61.090 Designation of funds to repay bonds and
interest. Funds required to repay the bonds, or the interest
thereon when due, shall be taken from that portion of the
motor vehicle fund which results from the imposition of
excise taxes on motor vehicle fuels and which is, or may be
appropriated to the department for state highway purposes,
and shall never constitute a charge against any allocations of
the funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or interest on the bonds. [1984 c 7 § 339;
1965 ex.s. c 56 § 9.]
47.61.090
Severability—1984 c 7: See note following RCW 47.01.141.
47.61.100 Bond repayment procedure—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate the percentage of the receipts in money of the motor
vehicle fund, resulting from collection of excise taxes on
motor vehicle fuels, for each month of the year which will be
required to meet interest or bond payments under the provisions of this chapter when due, and shall notify the state treasurer of such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle fuels
of the motor vehicle fund to the highway bond retirement
fund, and which fund shall be available solely for payment of
such interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1965 ex.s. c 56 § 10.]
47.61.100
47.61.050
47.61.050 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and may be sold in
such manner and in such amounts and at such times and on
such terms and conditions as the committee may prescribe. If
bonds are sold to any purchaser other than the state of Washington, they shall be sold at public sale, and it shall be the
duty of the state finance committee to cause such sale to be
advertised in such manner as it shall deem sufficient. Bonds
issued under the provisions of this chapter shall be legal
investment for any of the funds of the state, except the permanent school fund. [1965 ex.s. c 56 § 5.]
47.61.060
47.61.060 Proceeds of bonds—Deposit and use. The
money arising from the sale of said bonds shall be deposited
in the state treasury to the credit of the motor vehicle fund and
such money shall be available only for the acquisition by construction or purchase of new ferry vessels and for the payment of all expense incurred in the drafting, printing, issuance, and sale of any such bonds. [1965 ex.s. c 56 § 6.]
47.61.110 Sums in excess of bond retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle fuels, payable into the highway bond retirement fund, shall prove more
than is required for the payment of interest on bonds when
due, or current retirement of bonds, or in the event there is
appropriated from time to time additional amounts to be
placed in the said bond retirement fund, any excess may, in
the discretion of the state finance committee, be available for
the prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax portion of the motor vehicle fund at the next interest or bond payment period. [1965 ex.s. c 56 § 11.]
47.61.110
47.61.070
47.61.070 Statement describing nature of bond obligation—Pledge of excise taxes. Bonds issued under the provisions of this chapter shall distinctly state that they are not a
general obligation of the state but are payable in the manner
provided in this chapter from the proceeds of state excise
taxes on motor vehicle fuels imposed by chapters 82.36 and
*82.40 RCW. The proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under the provisions of this chapter, and the legislature
hereby agrees to continue to impose the same excise taxes on
motor vehicle fuels in amounts sufficient to pay, when due,
the principal and interest on all bonds issued under the provisions of this chapter. [1965 ex.s. c 56 § 7.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c 175
§ 33, effective January 1, 1972.
Chapter 47.64
47.61.080
47.61.080 Bonds to reflect terms and conditions of
grant agreement. Bonds issued under the provisions of
RCW 47.61.020 shall fully reflect the terms and conditions of
the grant agreement to be executed pursuant to the provisions
of RCW 47.61.010. [1965 ex.s. c 56 § 8.]
(2008 Ed.)
Chapter 47.64 RCW
MARINE EMPLOYEES—
PUBLIC EMPLOYMENT RELATIONS
Sections
47.64.005
47.64.006
47.64.011
47.64.060
Declaration of policy.
Public policy.
Definitions.
Federal social security—State employees’ retirement.
[Title 47 RCW—page 213]
47.64.005
47.64.070
47.64.080
47.64.090
47.64.090
47.64.120
47.64.130
47.64.140
47.64.150
47.64.160
47.64.170
47.64.175
47.64.200
47.64.210
47.64.220
47.64.230
47.64.250
47.64.260
47.64.270
47.64.280
47.64.290
47.64.300
47.64.310
47.64.320
47.64.330
47.64.900
47.64.910
Title 47 RCW: Public Highways and Transportation
Employees subject to industrial insurance laws.
Employee seniority rights.
Other party operating ferry by rent, lease, or charter—Passenger-only ferry service (as amended by 2003 c 91).
Other party operating ferry by rent, lease, or charter (as
amended by 2003 c 373).
Scope of negotiations—Interest on retroactive compensation
increases—Agreement conflicts.
Unfair labor practices.
Strikes, work stoppages, and lockouts prohibited.
Grievance procedures.
Union security provisions.
Collective bargaining procedures.
Collective bargaining agreement negotiation.
Impasse procedures.
Mediation.
Salary survey.
Waiver of mediation.
Legal actions.
Notice and service.
Insurance and health care.
Marine employees’ commission.
Toll bridge employees subject to civil service.
Interest arbitration—Procedures.
Interest arbitration—Function.
Parties not bound by arbitration—Arbitration factors.
Collective bargaining limitations.
Section captions not part of law—1983 c 15.
Severability—1983 c 15.
47.64.005 Declaration of policy. The state of Washington, as a public policy, declares that sound labor relations are
essential to the development of a ferry and bridge system
which will best serve the interests of the people of the state.
[1961 c 13 § 47.64.005. Prior: 1949 c 148 § 1; Rem. Supp.
1949 § 6524-22.]
47.64.005
47.64.006 Public policy. The legislature declares that it
is the public policy of the state of Washington to: (1) Provide
continuous operation of the Washington state ferry system at
reasonable cost to users; (2) efficiently provide levels of ferry
service consistent with trends and forecasts of ferry usage; (3)
promote harmonious and cooperative relationships between
the ferry system and its employees by permitting ferry
employees to organize and bargain collectively; (4) protect
the citizens of this state by assuring effective and orderly
operation of the ferry system in providing for their health,
safety, and welfare; (5) prohibit and prevent all strikes or
work stoppages by ferry employees; (6) protect the rights of
ferry employees with respect to employee organizations; and
(7) promote just and fair compensation, benefits, and working conditions for ferry system employees as compared with
public and private sector employees in states along the west
coast of the United States, including Alaska, and in British
Columbia in directly comparable but not necessarily identical
positions. [1989 c 327 § 1; 1983 c 15 § 1.]
47.64.006
47.64.011 Definitions. As used in this chapter, unless
the context otherwise requires, the definitions in this section
shall apply.
(1) "Collective bargaining representative" means the
persons designated by the governor and employee organizations to be the exclusive representatives during collective
bargaining negotiations.
(2) "Commission" means the marine employees’ commission created in RCW 47.64.280.
(3) "Department of transportation" means the department as defined in RCW 47.01.021.
47.64.011
[Title 47 RCW—page 214]
(4) "Employer" means the state of Washington.
(5) "Ferry employee" means any employee of the marine
transportation division of the department of transportation
who is a member of a collective bargaining unit represented
by a ferry employee organization and does not include an
exempt employee pursuant to RCW 41.06.079.
(6) "Ferry employee organization" means any labor
organization recognized to represent a collective bargaining
unit of ferry employees.
(7) "Lockout" means the refusal of the employer to furnish work to ferry employees in an effort to get ferry
employee organizations to make concessions during collective bargaining, grievance, or other labor relation negotiations. Curtailment of employment of ferry employees due to
lack of work resulting from a strike or work stoppage shall
not be considered a lockout.
(8) "Office of financial management" means the office as
created in RCW 43.41.050.
(9) "Strike or work stoppage" means a ferry employee’s
refusal, in concerted action with others, to report to duty, or
his or her willful absence from his or her position, or his or
her stoppage or slowdown of work, or his or her abstinence in
whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or obligations of his, her, or any
other ferry employee’s employment. A refusal, in good faith,
to work under conditions which pose an endangerment to the
health and safety of ferry employees or the public, as determined by the master of the vessel, shall not be considered a
strike for the purposes of this chapter. [2006 c 164 § 1; 1983
c 15 § 2.]
Prospective application—Savings—2006 c 164: "(1) This act applies
prospectively only and not retroactively. It applies to collective bargaining
agreements, the negotiations of collective bargaining agreements, mediations, arbitrations, and other actions under this act that arise or are commenced on or after March 21, 2006.
(2) This act does not apply to collective bargaining agreements, either
in effect or for which the negotiations have begun, or mediations and arbitrations that arose or commenced under *this chapter before March 21, 2006.
Such collective bargaining agreements and related proceedings must be
administered in accordance with the authorities, rules, and procedures that
were established under *this chapter as it existed before March 21, 2006.
The repealers in section 19 of this act do not affect any existing right
acquired, or liability or obligation incurred, under the statutes repealed or
under any rule or order adopted under those statutes, nor do they affect any
proceeding instituted under them." [2006 c 164 § 16.]
*Reviser’s note: The term "this chapter" apparently refers to chapter
47.64 RCW.
Effective dates—2006 c 164: "Except for section 10 of this act which
takes effect July 1, 2006, this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect immediately [March 21,
2006]." [2006 c 164 § 21.]
47.64.060 Federal social security—State employees’
retirement. All employees engaged in the operation of ferries acquired by the department shall remain subject to the
federal social security act and shall be under the state
employees’ retirement act. The department shall make such
deductions from salaries of employees and contributions
from revenues of the department as shall be necessary to
qualify the employees for benefits under the federal social
security act. The appropriate officials are authorized to con47.64.060
(2008 Ed.)
Marine Employees—Public Employment Relations
tract with the secretary of health, education and welfare to
effect the coverage. [1984 c 7 § 340; 1961 c 13 § 47.64.060.
Prior: 1957 c 271 § 7; 1951 c 82 § 2; 1949 c 148 § 5; Rem.
Supp. 1949 § 6524-26.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.64.070 Employees subject to industrial insurance
laws. Employees, except the masters and members of the
crews of vessels, shall be subject to and entitled to the benefits of the industrial insurance laws of the state, and are
hereby declared to be in extrahazardous employment within
the meaning of such laws. [1961 c 13 § 47.64.070. Prior:
1951 c 259 § 2; 1949 c 148 § 6; Rem. Supp. 1949 § 6524-27.]
47.64.070
47.64.080 Employee seniority rights. Employees
employed at the time of the acquisition of any ferry or ferry
system by the department have seniority rights to the position
they occupy aboard the ferries or ferry system. In the event of
curtailment of ferry operations for any reason, employees
shall be relieved of service on the basis of their duration of
employment in any ferry or ferry system acquired by the
department. [1984 c 7 § 341; 1961 c 13 § 47.64.080. Prior:
1949 c 148 § 7; Rem. Supp. 1949 § 6524-28.]
47.64.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.64.090
47.64.090 Other party operating ferry by rent, lease, or charter—
Passenger-only ferry service (as amended by 2003 c 91). (1) Except as
provided in section 203 ((of this act)), chapter 83, Laws of 2003 and subsection (2) of this section, or as provided in section 303 ((of this act)), chapter
83, Laws of 2003 and subsection (3) of this section, if any party assumes the
operation and maintenance of any ferry or ferry system by rent, lease, or
charter from the department of transportation, such party shall assume and be
bound by all the provisions herein and any agreement or contract for such
operation of any ferry or ferry system entered into by the department shall
provide that the wages to be paid, hours of employment, working conditions,
and seniority rights of employees will be established by the marine employees’ commission in accordance with the terms and provisions of this chapter
and it shall further provide that all labor disputes shall be adjudicated in
accordance with chapter 47.64 RCW.
(2) If a public transportation benefit area meeting the requirements of
section 201 ((of this act)), chapter 83, Laws of 2003 has voter approval to
operate passenger-only ferry service, it may enter into an agreement with
Washington State Ferries to rent, lease, or purchase passenger-only vessels,
related equipment, or terminal space for purposes of loading and unloading
the passenger-only ferry. Charges for the vessels, equipment, and space
must be fair market value taking into account the public benefit derived from
the ferry service. A benefit area or subcontractor of that benefit area that
qualifies under this subsection is not subject to the restrictions of subsection
(1) of this section, but is subject to:
(a) The terms of those collective bargaining agreements that it or its
subcontractors negotiate with the exclusive bargaining representatives of its
or its subcontractors’ employees under chapter 41.56 RCW or the National
Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a requirement
that the benefit area and any contract with its subcontractors, give preferential hiring to former employees of the department of transportation who separated from employment with the department because of termination of the
ferry service by the state of Washington; and
(c) Unless otherwise prohibited by federal or state law, a requirement
that the benefit area and any contract with its subcontractors, on any questions concerning representation of employees for collective bargaining purposes, may be determined by conducting a cross-check comparing an
employee organization’s membership records or bargaining authorization
cards against the employment records of the employer.
(3) If a ferry district is formed under section 301 ((of this act)), chapter
83, Laws of 2003 to operate passenger-only ferry service, it may enter into
an agreement with Washington State Ferries to rent, lease, or purchase vessels, related equipment, or terminal space for purposes of loading and
unloading the ferry. Charges for the vessels, equipment, and space must be
(2008 Ed.)
47.64.090
fair market value taking into account the public benefit derived from the
ferry service. A ferry district or subcontractor of that district that qualifies
under this subsection is not subject to the restrictions of subsection (1) of this
section, but is subject to:
(a) ((Subject to)) The terms of those collective bargaining agreements
that it or its subcontractors negotiate with the exclusive bargaining representatives of its or its subcontractors’ employees under chapter 41.56 RCW or
the National Labor Relations Act, as applicable;
(b) ((Subject to)) Unless otherwise prohibited by federal or state law, a
requirement((, to be included by)) that the ferry district ((in)) and any contract with ((the district’s)) its subcontractors, ((to)) give preferential hiring to
former employees of the department of transportation who separated from
employment with the department because of termination of the ferry service
by the state of Washington; and
(c) ((Subject to)) Unless otherwise prohibited by federal or state law, a
requirement((, to be included by)) that the ferry district ((in)) and any contract with ((the district’s)) its subcontractors, ((that)) on any questions concerning representation of employees for collective bargaining purposes, may
be determined by conducting a cross-check comparing an employee organization’s membership records or bargaining authorization cards against the
employment records of the employer. [2003 c 91 § 1; 2003 c 83 § 205; 1983
c 15 § 27; 1961 c 13 § 47.64.090. Prior: 1949 c 148 § 8; Rem. Supp. 1949
§ 6524-29.]
Contingent effective date—2003 c 91: "Sections 1 and 2 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 23, 2003], but only if Engrossed Substitute House Bill No. 1853 has become law. If Engrossed Substitute House
Bill No. 1853 has not become law by June 30, 2003, sections 1 and 2 of this
act are null and void." [2003 c 91 § 4.] Engrossed Substitute House Bill No.
1853 became law as 2003 c 83, effective April 23, 2003.
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
47.64.090
47.64.090 Other party operating ferry by rent, lease, or charter (as
amended by 2003 c 373). (1) Except as provided in subsection (2) of this
section, if any party assumes the operation and maintenance of any ferry or
ferry system by rent, lease, or charter from the department of transportation,
such party shall assume and be bound by all the provisions herein and any
agreement or contract for such operation of any ferry or ferry system entered
into by the department shall provide that the wages to be paid, hours of
employment, working conditions and seniority rights of employees will be
established by the marine employees’ commission in accordance with the
terms and provisions of this chapter and it shall further provide that all labor
disputes shall be adjudicated in accordance with chapter 47.64 RCW.
(2) The department of transportation shall make its terminal, dock, and
pier space available to private operators of passenger-only ferries if the space
can be made available without limiting the operation of car ferries operated
by the department. These private operators are not bound by the provisions
of subsection (1) of this section. Charges for the equipment and space must
be fair market value taking into account the public benefit derived from the
passenger-only ferry service. [2003 c 373 § 3; 1983 c 15 § 27; 1961 c 13 §
47.64.090. Prior: 1949 c 148 § 8; Rem. Supp. 1949 § 6524-29.]
Reviser’s note: RCW 47.64.090 was amended three times during the
2003 legislative session, twice without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Findings—Intent—2003 c 373: "The legislature finds that the Washington state department of transportation should focus on its core ferry mission of moving automobiles on Washington state’s marine highways. The
legislature finds that current statutes impose barriers to entities other than the
state operating passenger-only ferries. The legislature intends to lift those
barriers to allow entities other than the state to provide passenger-only ferry
service. The legislature finds that the provision of this service and the
improvement in the mobility of the citizens of Washington state is legally
adequate consideration for the use of state facilities in conjunction with the
provision of the service, and the legislature finds that allowing the operators
of passenger-only ferries to use state facilities on the basis of legally adequate consideration does not evince donative intent on the part of the legislature." [2003 c 373 § 1.]
Severability—1983 c 15: See RCW 47.64.910.
[Title 47 RCW—page 215]
47.64.120
Title 47 RCW: Public Highways and Transportation
47.64.120 Scope of negotiations—Interest on retroactive compensation increases—Agreement conflicts. (1)
The employer and ferry system employee organizations,
through their collective bargaining representatives, shall
meet at reasonable times, to negotiate in good faith with
respect to wages, hours, working conditions, insurance, and
health care benefits as limited by RCW 47.64.270, and other
matters mutually agreed upon. Employer funded retirement
benefits shall be provided under the public employees retirement system under chapter 41.40 RCW and shall not be
included in the scope of collective bargaining.
(2) Upon ratification of bargaining agreements, ferry
employees are entitled to an amount equivalent to the interest
earned on retroactive compensation increases. For purposes
of this section, the interest earned on retroactive compensation increases is the same monthly rate of interest that was
earned on the amount of the compensation increases while
held in the state treasury. The interest will be computed for
each employee until the date the retroactive compensation is
paid, and must be allocated in accordance with appropriation
authority. The interest earned on retroactive compensation is
not considered part of the ongoing compensation obligation
of the state and is not compensation earnable for the purposes
of chapter 41.40 RCW. Negotiations shall also include grievance procedures for resolving any questions arising under the
agreement, which shall be embodied in a written agreement
and signed by the parties.
(3) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or
agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement
negotiated under this chapter, the collective bargaining
agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is
invalid and unenforceable. [2006 c 164 § 3; 1997 c 436 § 1;
1983 c 15 § 3.]
47.64.120
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.130 Unfair labor practices. (1) It is an unfair
labor practice for the employer or its representatives:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it. However, subject to rules
made by the commission pursuant to RCW 47.64.280, an
employer shall not be prohibited from permitting employees
to confer with it or its representatives or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hiring,
tenure of employment, or any term or condition of employment, but nothing contained in this subsection prevents an
employer from requiring, as a condition of continued
employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant to
RCW 47.64.160. However, nothing prohibits the employer
from agreeing to obtain employees by referral from a lawful
hiring hall operated by or participated in by a labor organization;
47.64.130
[Title 47 RCW—page 216]
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony
under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise of
the rights guaranteed by this chapter. However, this subsection does not impair the right of an employee organization to
prescribe its own rules with respect to the acquisition or
retention of membership therein, or (ii) an employer in the
selection of his representatives for the purposes of collective
bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To refuse to bargain collectively with an employer.
(3) The expression of any view, argument, or opinion, or
the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions
of this chapter, if the expression contains no threat of reprisal
or force or promise of benefit. [2006 c 164 § 4; 1983 c 15 §
4.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.140 Strikes, work stoppages, and lockouts prohibited. (1) It is unlawful for any ferry system employee or
any employee organization, directly or indirectly, to induce,
instigate, encourage, authorize, ratify, or participate in a
strike or work stoppage against the ferry system.
(2) It is unlawful for the employer to authorize, consent
to, or condone a strike or work stoppage; or to conduct a lockout; or to pay or agree to pay any ferry system employee for
any day in which the employee participates in a strike or
work stoppage; or to pay or agree to pay any increase in compensation or benefits to any ferry system employee in
response to or as a result of any strike or work stoppage or
any act that violates subsection (1) of this section. It is
unlawful for any official, director, or representative of the
ferry system to authorize, ratify, or participate in any violation of this subsection. Nothing in this subsection prevents
new or renewed bargaining and agreement within the scope
of negotiations as defined by this chapter, at any time. No
collective bargaining agreement provision regarding suspension or modification of any court-ordered penalty provided in
this section is binding on the courts.
(3) In the event of any violation or imminently threatened violation of subsection (1) or (2) of this section, any citizen domiciled within the jurisdictional boundaries of the
state may petition the superior court for Thurston county for
an injunction restraining the violation or imminently threatened violation. Rules of civil procedure regarding injunctions apply to the action. However, the court shall grant a
temporary injunction if it appears to the court that a violation
has occurred or is imminently threatened; the plaintiff need
not show that the violation or threatened violation would
greatly or irreparably injure him or her; and no bond may be
required of the plaintiff unless the court determines that a
47.64.140
(2008 Ed.)
Marine Employees—Public Employment Relations
bond is necessary in the public interest. Failure to comply
with any temporary or permanent injunction granted under
this section is a contempt of court as provided in chapter 7.21
RCW. The court may impose a penalty of up to ten thousand
dollars for an employee organization or the ferry system, for
each day during which the failure to comply continues. The
sanctions for a ferry employee found to be in contempt shall
be as provided in chapter 7.21 RCW. An individual or an
employee organization which makes an active good faith
effort to comply fully with the injunction shall not be deemed
to be in contempt.
(4) The right of ferry system employees to engage in
strike or work slowdown or stoppage is not granted and nothing in this chapter may be construed to grant such a right.
(5) Each of the remedies and penalties provided by this
section is separate and several, and is in addition to any other
legal or equitable remedy or penalty.
(6) In addition to the remedies and penalties provided by
this section the successful litigant is entitled to recover reasonable attorney fees and costs incurred in the litigation.
(7) Notwithstanding the provisions of chapter 88.04
RCW and chapter 88.08 RCW, the department of transportation shall adopt rules allowing vessels, as defined in RCW
88.04.015, as well as other watercraft, to engage in emergency passenger service on the waters of Puget Sound in the
event ferry employees engage in a work slowdown or stoppage. Such emergency rules shall allow emergency passenger service on the waters of Puget Sound within seventy-two
hours following a work slowdown or stoppage. Such rules
that are adopted shall give due consideration to the needs and
the health, safety, and welfare of the people of the state of
Washington. [2006 c 164 § 5; 1989 c 373 § 25; 1983 c 15 §
5.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
Severability—1989 c 373: See RCW 7.21.900.
47.64.150 Grievance procedures. An agreement with
a ferry employee organization that is the exclusive representative of ferry employees in an appropriate unit may provide
procedures for the consideration of ferry employee grievances and of disputes over the interpretation and application
of agreements. Negotiated procedures may provide for binding arbitration of ferry employee grievances and of disputes
over the interpretation and application of existing agreements. An arbitrator’s decision on a grievance shall not
change or amend the terms, conditions, or applications of the
collective bargaining agreement. The procedures shall provide for the invoking of arbitration only with the approval of
the employee organization. The costs of arbitrators shall be
shared equally by the parties.
Ferry system employees shall follow either the grievance
procedures provided in a collective bargaining agreement, or
if no such procedures are so provided, shall submit the grievances to the marine employees’ commission as provided in
RCW 47.64.280. [1983 c 15 § 6.]
47.64.150
47.64.160 Union security provisions. A collective bargaining agreement may include union security provisions
including an agency shop, but not a union or closed shop. If
an agency shop provision is agreed to, the employer shall
47.64.160
(2008 Ed.)
47.64.170
enforce it by deducting from the salary payments to members
of the bargaining unit the dues required of membership in the
bargaining representative, or, for nonmembers thereof, a fee
equivalent to such dues. All union security provisions shall
safeguard the right of nonassociation of employees based on
bona fide religious tenets or teachings of a church or religious
body of which such employee is a member. Such employee
shall pay an amount of money equivalent to regular dues and
fees to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and
the bargaining representative to which such employee would
otherwise pay the dues and fees. The employee shall furnish
written proof that such payment has been made. If the
employee and the bargaining representative do not reach
agreement on such matter, the commission shall designate the
charitable organization. [1983 c 15 § 7.]
47.64.170 Collective bargaining procedures. (1) Any
ferry employee organization certified as the bargaining representative shall be the exclusive representative of all ferry
employees in the bargaining unit and shall represent all such
employees fairly.
(2) A ferry employee organization or organizations and
the governor may each designate any individual as its representative to engage in collective bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of
the employer or employee organizations, mediation, and the
deliberative process of arbitrators are exempt from the provisions of chapter 42.30 RCW. Hearings conducted by arbitrators may be open to the public by mutual consent of the parties.
(4) Terms of any collective bargaining agreement may
be enforced by civil action in Thurston county superior court
upon the initiative of either party.
(5) Ferry system employees or any employee organization shall not negotiate or attempt to negotiate directly with
anyone other than the person who has been appointed or
authorized a bargaining representative for the purpose of bargaining with the ferry employees or their representative.
(6)(a) Within ten working days after the first Monday in
September of every odd-numbered year, the parties shall
attempt to agree on an interest arbitrator to be used if the parties are not successful in negotiating a comprehensive collective bargaining agreement. If the parties cannot agree on an
arbitrator within the ten-day period, either party may request
a list of seven arbitrators from the federal mediation and conciliation service. The parties shall select an interest arbitrator
using the coin toss/alternate strike method within thirty calendar days of receipt of the list. Immediately upon selecting
an interest arbitrator, the parties shall cooperate to reserve
dates with the arbitrator for potential arbitration between
August 1st and September 15th of the following even-numbered year. The parties shall also prepare a schedule of at
least five negotiation dates for the following year, absent an
agreement to the contrary. The parties shall execute a written
agreement before November 1st of each odd-numbered year
setting forth the name of the arbitrator and the dates reserved
for bargaining and arbitration. This subsection (6)(a)
imposes minimum obligations only and is not intended to
define or limit a party’s full, good faith bargaining obligation
under other sections of this chapter.
47.64.170
[Title 47 RCW—page 217]
47.64.175
Title 47 RCW: Public Highways and Transportation
(b) The negotiation of a proposed collective bargaining
agreement by representatives of the employer and a ferry
employee organization shall commence on or about February
1st of every even-numbered year.
(c) For negotiations covering the 2009-2011 biennium
and subsequent biennia, the time periods specified in this section, and in RCW 47.64.210 and 47.64.300 through
47.64.320, must ensure conclusion of all agreements on or
before October 1st of the even-numbered year next preceding
the biennial budget period during which the agreement
should take effect. These time periods may only be altered by
mutual agreement of the parties in writing. Any such agreement and any impasse procedures agreed to by the parties
under RCW 47.64.200 must include an agreement regarding
the new time periods that will allow final resolution by negotiations or arbitration by October 1st of each even-numbered
year.
(7) Until a new collective bargaining agreement is in
effect, the terms and conditions of the previous collective
bargaining agreement shall remain in force. It is the intent of
this section that the collective bargaining agreement or arbitrator’s award shall commence on July 1st of each odd-numbered year and shall terminate on June 30th of the next oddnumbered year to coincide with the ensuing biennial budget
year, as defined by RCW 43.88.020(7), to the extent practical. It is further the intent of this section that all collective
bargaining agreements be concluded by October 1st of the
even-numbered year before the commencement of the biennial budget year during which the agreements are to be in
effect.
(8)(a) The governor shall submit a request either for
funds necessary to implement the collective bargaining
agreements including, but not limited to, the compensation
and fringe benefit provisions or for legislation necessary to
implement the agreement, or both. Requests for funds necessary to implement the collective bargaining agreements shall
not be submitted to the legislature by the governor unless
such requests:
(i) Have been submitted to the director of the office of
financial management by October 1st before the legislative
session at which the requests are to be considered; and
(ii) Have been certified by the director of the office of
financial management as being feasible financially for the
state.
(b) The governor shall submit a request either for funds
necessary to implement the arbitration awards or for legislation necessary to implement the arbitration awards, or both.
Requests for funds necessary to implement the arbitration
awards shall not be submitted to the legislature by the governor unless such requests have been submitted to the director
of the office of financial management by October 1st before
the legislative session at which the requests are to be considered.
(c) The legislature shall approve or reject the submission
of the request for funds necessary to implement the collective
bargaining agreements or arbitration awards as a whole for
each agreement or award. The legislature shall not consider
a request for funds to implement a collective bargaining
agreement or arbitration award unless the request is transmitted to the legislature as part of the governor’s budget document submitted under RCW 43.88.030 and 43.88.060. If the
[Title 47 RCW—page 218]
legislature rejects or fails to act on the submission, either
party may reopen all or part of the agreement and award or
the exclusive bargaining representative may seek to implement the procedures provided for in RCW 47.64.210 and
47.64.300.
(9) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately
enter into collective bargaining for a mutually agreed upon
modification of the agreement. [2007 c 160 § 1; 2006 c 164
§ 6; 1983 c 15 § 8.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.175 Collective bargaining agreement negotiation. (1) For the purpose of negotiating collective bargaining
agreements under this chapter, the employer shall be represented by the governor or governor’s designee.
(2) Two or more ferry employee organizations may,
upon agreement of the parties, negotiate, as a coalition with
the employer representative as designated in subsection (1) of
this section, a multiunion collective bargaining agreement on
behalf of all the employees in ferry employee organization
bargaining units that the exclusive bargaining representatives
represent. The coalition shall bargain for a multiunion collective bargaining agreement covering all of the employees
represented by the coalition. The governor’s designee and
the exclusive bargaining representative or representatives are
authorized to enter into supplemental bargaining of bargaining unit-specific issues for inclusion in or as an addendum to
the multiunion collective bargaining agreement, subject to
the parties’ agreement regarding the issues and procedures
for supplemental bargaining. Nothing in this section impairs
the right of each ferry employee organization to negotiate a
collective bargaining agreement exclusive to the bargaining
unit it represents. [2006 c 164 § 2.]
47.64.175
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.200 Impasse procedures. As the first step in the
performance of their duty to bargain, the employer and the
employee organization shall endeavor to agree upon impasse
procedures. Unless otherwise agreed to by the employee
organization and the employer in their impasse procedures,
the arbitrator or panel is limited to selecting the most reasonable offer, in its judgment, of the final offers on each impasse
item submitted by the parties. The employee organization
and the employer may mutually agree to the impasse procedure under which the arbitrator or panel may issue a decision
it deems just and appropriate with respect to each impasse
item. If the parties fail to agree upon impasse procedures
under this section, the impasse procedures provided in RCW
47.64.210 and 47.64.230 and 47.64.300 through 47.64.320
apply. It is unlawful for either party to refuse to participate in
the impasse procedures provided in RCW 47.64.210 and
47.64.230 and 47.64.300 through 47.64.320. [2006 c 164 §
7; 1983 c 15 § 11.]
47.64.200
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
(2008 Ed.)
Marine Employees—Public Employment Relations
47.64.210 Mediation. In the absence of an impasse
agreement between the parties or the failure of either party to
utilize its procedures by August 1st in the even-numbered
year preceding the biennium, either party may request the
commission to appoint an impartial and disinterested person
to act as mediator. It is the function of the mediator to bring
the parties together to effectuate a settlement of the dispute,
but the mediator shall not compel the parties to agree. [2007
c 160 § 2; 2006 c 164 § 8; 1983 c 15 § 12.]
47.64.210
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.220 Salary survey. (1) Prior to collective bargaining and for purposes of collective bargaining and arbitration, the commission shall conduct a salary survey. The
results of the survey shall be published in a report which shall
be a public document comparing wages, hours, employee
benefits, and conditions of employment of involved ferry
employees with those of public and private sector employees
in states along the west coast of the United States, including
Alaska, and in British Columbia doing directly comparable
but not necessarily identical work, giving consideration to
factors peculiar to the area and the classifications involved.
Such survey report shall be for the purpose of disclosing generally prevailing levels of compensation, benefits, and conditions of employment. It shall be used to guide generally but
not to define or limit collective bargaining between the parties.
(2) Salary and employee benefit information collected
from private employers that identifies a specific employer
with the salary and employee benefit rates which that
employer pays to its employees is not subject to public disclosure under chapter 42.56 RCW. [2006 c 164 § 10; (2006
c 164 § 9 expired July 1, 2006); 2005 c 274 § 308; 1999 c 256
§ 1; 1989 c 327 § 2; 1983 c 15 § 13.]
47.64.220
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
Expiration date—2006 c 164 § 9: "Section 9 of this act expires July 1,
2006." [2006 c 164 § 20.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Retroactive application—1999 c 256 § 1: "Section 1, chapter 256,
Laws of 1999 is a clarification of existing law and applies retroactively."
[1999 c 256 § 3.]
47.64.230 Waiver of mediation. By mutual agreement,
the parties may waive mediation and proceed with binding
arbitration as provided for in the impasse procedures agreed
to under RCW 47.64.200 or in 47.64.300 through 47.64.320,
as applicable. The waiver shall be in writing and be signed
by the representatives of the parties. Regardless of the status
of mediation, the parties must comply with the interest arbitration agreement under RCW 47.64.170(6)(a), absent any
subsequent agreement to the contrary. [2007 c 160 § 3; 2006
c 164 § 11; 1983 c 15 § 14.]
47.64.230
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.250 Legal actions. (1) Any ferry employee organization and the department of transportation may sue or be
sued as an entity under this chapter. Service upon any party
47.64.250
(2008 Ed.)
47.64.270
shall be in accordance with law or the rules of civil procedure. Nothing in this chapter may be construed to make any
individual or his assets liable for any judgment against the
department of transportation or a ferry employee organization if the individual was acting in his official capacity.
(2) Any legal action by any ferry employee organization
or the department of transportation under this chapter shall be
filed in Thurston county superior court within ten days of
when the cause of action arose. The court shall consider those
actions on a priority basis and determine the merits of the
actions within thirty days of filing. [1983 c 15 § 16.]
47.64.260 Notice and service. Any notice required
under this chapter shall be in writing, but service thereof is
sufficient if mailed by certified mail, return receipt requested,
addressed to the last known address of the parties, or sent by
electronic facsimile transmission with transaction report verification and same-day United States postal service mailing
of copies or service as specified in Title 316 WAC, unless
otherwise provided in this chapter. Refusal of certified mail
by any party shall be considered service. Prescribed time
periods commence from the date of the receipt of the notice.
Any party may at any time execute and deliver an acceptance
of service in lieu of mailed notice. [2001 c 19 § 1; 1983 c 15
§ 17.]
47.64.260
47.64.270 Insurance and health care. Absent a collective bargaining agreement to the contrary, the department of
transportation shall provide contributions to insurance and
health care plans for ferry system employees and dependents,
as determined by the state health care authority, under chapter 41.05 RCW; and the employer and employee organizations may collectively bargain for other insurance and health
care plans, and employer contributions may exceed that of
other state agencies as provided in RCW 41.05.050. To the
extent that ferry employees by bargaining unit have absorbed
the required offset of wage increases by the amount that the
employer’s contribution for employees’ and dependents’
insurance and health care plans exceeds that of other state
general government employees in the 1985-87 fiscal biennium, employees shall not be required to absorb a further offset except to the extent the differential between employer
contributions for those employees and all other state general
government employees increases during any subsequent fiscal biennium. If such differential increases in the 1987-89
fiscal biennium or the 1985-87 offset by bargaining unit is
insufficient to meet the required deduction, the amount available for compensation shall be reduced by bargaining unit by
the amount of such increase or the 1985-87 shortage in the
required offset. Compensation shall include all wages and
employee benefits. [2006 c 164 § 17; 1995 1st sp.s. c 6 § 6;
1993 c 492 § 224; 1988 c 107 § 21; 1987 c 78 § 2; 1983 c 15
§ 18.]
47.64.270
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
[Title 47 RCW—page 219]
47.64.280
Title 47 RCW: Public Highways and Transportation
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Intent—1987 c 78: "The legislature finds that the provisions of RCW
47.64.270 have been subject to misinterpretation. The objective of this act is
to clarify the intent of RCW 47.64.270 as originally enacted." [1987 c 78 §
1.]
Effective date—1987 c 78: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 78 § 3.]
47.64.280 Marine employees’ commission. (1) There
is created the marine employees’ commission. The governor
shall appoint the commission with the consent of the senate.
The commission shall consist of three members: One member to be appointed from labor, one member from industry,
and one member from the public who has significant knowledge of maritime affairs. The public member shall be chair of
the commission. One of the original members shall be
appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall
be appointed for terms of five years each, except that any person chosen to fill a vacancy shall be appointed only for the
unexpired term of the member whom he or she succeeds.
Commission members are eligible for reappointment. Any
member of the commission may be removed by the governor,
upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other cause. Commission members are
not eligible for state retirement under chapter 41.40 RCW by
virtue of their service on the commission. Members of the
commission shall be compensated in accordance with RCW
43.03.250 and shall receive reimbursement for official travel
and other expenses at the same rate and on the same terms as
provided for the transportation commission by RCW
47.01.061. The payments shall be made from the Puget
Sound ferry operations account.
(2) The commission shall: (a) Adjust all complaints,
grievances, and disputes between labor and management
arising out of the operation of the ferry system as provided in
RCW 47.64.150; (b) provide for impasse mediation as
required in RCW 47.64.210; (c) provide salary surveys as
required in RCW 47.64.220; and (d) perform those duties
required in RCW 47.64.300.
(3)(a) In adjudicating all complaints, grievances, and
disputes, the party claiming labor disputes shall, in writing,
notify the commission, which shall make careful inquiry into
the cause thereof and issue an order advising the ferry
employee, or the ferry employee organization representing
him or her, and the department of transportation, as to the
decision of the commission.
(b) The parties are entitled to offer evidence relating to
disputes at all hearings conducted by the commission. The
orders and awards of the commission are final and binding
upon any ferry employee or employees or their representative
affected thereby and upon the department.
(c) The commission shall adopt rules of procedure under
chapter 34.05 RCW.
(d) The commission has the authority to subpoena any
ferry employee or employees, or their representatives, and
any member or representative of the department, and any witnesses. The commission may require attendance of witnesses
and the production of all pertinent records at any hearings
held by the commission. The subpoenas of the commission
47.64.280
[Title 47 RCW—page 220]
are enforceable by order of any superior court in the state of
Washington for the county within which the proceeding may
be pending. The commission may hire staff as necessary,
appoint consultants, enter into contracts, and conduct studies
as reasonably necessary to carry out this chapter. [2006 c 164
§ 18; 1984 c 287 § 95; 1983 c 15 § 19.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Compensation of class four groups: RCW 43.03.250.
47.64.290 Toll bridge employees subject to civil service. Notwithstanding any other provisions of this chapter,
toll bridge employees of the marine transportation division
are subject to chapter 41.06 RCW. [1984 c 48 § 2.]
47.64.290
47.64.300 Interest arbitration—Procedures. (1) If an
agreement has not been reached following a reasonable
period of negotiations and, when applicable, mediation, upon
the recommendation of the assigned mediator that the parties
remain at impasse or, with respect to biennial bargaining, in
compliance with the interest arbitration agreement under
RCW 47.64.170(6)(a), all impasse items shall be submitted to
arbitration under this section. The issues for arbitration shall
be limited to the issues certified by the commission.
(2) The parties may agree to submit the dispute to a single arbitrator, whose authority and duties shall be the same as
those of an arbitration panel. If the parties cannot agree on
the arbitrator within five working days, the selection shall be
made under subsection (3) of this section, except with respect
to biennial bargaining described under RCW 47.64.170(6).
The full costs of arbitration under this section shall be shared
equally by the parties to the dispute.
(3) Within seven days following the issuance of the
determination of the commission, each party shall, absent an
agreement to the contrary, name one person to serve as its
arbitrator on the arbitration panel. Except with respect to
biennial bargaining described under RCW 47.64.170(6), the
two members so appointed shall meet within seven days following the appointment of the later appointed member to
attempt to choose a third member to act as the neutral chair of
the arbitration panel. Upon the failure of the arbitrators to
select a neutral chair within seven days, either party may
apply to the federal mediation and conciliation service, or,
with the consent of the parties, the American arbitration association to provide a list of five qualified arbitrators from
which the neutral chair shall be chosen. Each party shall pay
the fees and expenses of its arbitrator, and the fees and
expenses of the neutral chair shall be shared equally between
the parties.
(4) In consultation with the parties, the arbitrator or arbitration panel shall promptly establish a date, time, and place
for a hearing and shall provide reasonable notice thereof to
the parties to the dispute. The parties shall exchange final
positions in writing, with copies to the arbitrator or arbitration panel, with respect to every issue to be arbitrated, on a
date mutually agreed upon, but in no event later than ten
working days before the date set for hearing. A hearing,
which shall be informal, shall be held, and each party shall
have the opportunity to present evidence and make argument.
47.64.300
(2008 Ed.)
Multimodal Transportation Programs
No member of the arbitration panel may present the case for
a party to the proceedings. The rules of evidence prevailing
in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other
data deemed relevant by the chair of the arbitration panel may
be received in evidence. A recording of the proceedings shall
be taken. The arbitration panel has the power to administer
oaths, require the attendance of witnesses, and require the
production of such books, papers, contracts, agreements, and
documents as may be deemed by the panel to be material to a
just determination of the issues in dispute. If any person
refuses to obey a subpoena issued by the arbitration panel, or
refuses to be sworn or to make an affirmation to testify, or
any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the
arbitration panel may invoke the jurisdiction of the superior
court in the county where the labor dispute exists, and the
court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof.
(5) The neutral chair shall consult with the other members of the arbitration panel, if a panel has been created.
Within thirty days following the conclusion of the hearing, or
sooner as the October 1st deadline set forth in RCW
47.64.170 (6)(c) and (7) necessitates, the neutral chair shall
make written findings of fact and a written determination of
the issues in dispute, based on the evidence presented. A
copy thereof shall be served on each of the other members of
the arbitration panel, and on each of the parties to the dispute.
That determination is final and binding upon both parties,
subject to review by the superior court upon the application
of either party solely upon the question of whether the decision of the panel was arbitrary or capricious. [2007 c 160 §
4; 2006 c 164 § 12.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.310 Interest arbitration—Function. An interest
arbitration proceeding under RCW 47.64.300 exercises a
state function and is, for the purposes of this chapter, functioning as a state agency. Chapter 34.05 RCW does not apply
to an interest arbitration proceeding under this chapter. [2006
c 164 § 13.]
47.64.310
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.320 Parties not bound by arbitration—Arbitration factors. (1) The mediator, arbitrator, or arbitration
panel may consider only matters that are subject to bargaining under this chapter.
(2) The decision of an arbitrator or arbitration panel is
not binding on the legislature and, if the legislature does not
approve the funds necessary to implement provisions pertaining to compensation and fringe benefit provisions of an arbitrated collective bargaining agreement, is not binding on the
state, the department of transportation, or the ferry employee
organization.
(3) In making its determination, the arbitrator or arbitration panel shall be mindful of the legislative purpose under
RCW 47.64.005 and 47.64.006 and, as additional standards
47.64.320
(2008 Ed.)
Chapter 47.66
or guidelines to aid it in reaching a decision, shall take into
consideration the following factors:
(a) Past collective bargaining contracts between the parties including the bargaining that led up to the contracts;
(b) The constitutional and statutory authority of the
employer;
(c) Stipulations of the parties;
(d) The results of the salary survey as required in RCW
47.64.220;
(e) Comparison of wages, hours, employee benefits, and
conditions of employment of the involved ferry employees
with those of public and private sector employees in states
along the west coast of the United States, including Alaska,
and in British Columbia doing directly comparable but not
necessarily identical work, giving consideration to factors
peculiar to the area and the classifications involved;
(f) Changes in any of the foregoing circumstances during
the pendency of the proceedings;
(g) The limitations on ferry toll increases and operating
subsidies as may be imposed by the legislature; and
(h) Other factors that are normally or traditionally taken
into consideration in the determination of matters that are
subject to bargaining under this chapter. [2006 c 164 § 14.]
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.330 Collective bargaining limitations. Collective bargaining under chapter 164, Laws of 2006 may not be
for the purposes of making a collective bargaining agreement
take effect before July 1, 2007. No party may engage in collective bargaining under chapter 164, Laws of 2006 to amend
a collective bargaining agreement in effect on March 21,
2006. A collective bargaining agreement or amendment
thereto entered into under chapter 164, Laws of 2006 shall
not be effective before July 1, 2007, and may not have any
retroactive effect. [2006 c 164 § 15.]
47.64.330
Prospective application—Savings—Effective dates—2006 c 164:
See notes following RCW 47.64.011.
47.64.900 Section captions not part of law—1983 c
15. Section captions used in this act constitute no part of the
law. [1983 c 15 § 29.]
47.64.900
47.64.910 Severability—1983 c 15. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 15 § 30.]
47.64.910
Chapter 47.66
Chapter 47.66 RCW
MULTIMODAL TRANSPORTATION PROGRAMS
Sections
47.66.010
47.66.030
47.66.040
47.66.070
47.66.080
47.66.090
47.66.900
Legislative declaration.
Regional mobility grants.
Selection process—Local matching funds.
Multimodal transportation account.
Grant programs examination.
High occupancy toll lanes operations account.
Effective date—1993 c 393.
[Title 47 RCW—page 221]
47.66.010
Title 47 RCW: Public Highways and Transportation
47.66.010 Legislative declaration. There is significant
state interest in assuring that viable multimodal transportation programs are available throughout the state. The legislature recognizes the need to create a mechanism to fund multimodal transportation programs and projects. The legislature
further recognizes the complexities associated with current
funding mechanisms and seeks to create a process that would
allow for all transportation programs and projects to compete
for limited resources. [1993 c 393 § 3.]
47.66.010
47.66.030 Regional mobility grants. (1) The department shall establish a regional mobility grant program. The
purpose of the grant program is to aid local governments in
funding projects such as intercounty connectivity service,
park and ride lots, rush hour transit service, and capital
projects that improve the connectivity and efficiency of our
transportation system. The department shall identify costeffective projects that reduce delay for people and goods and
improve connectivity between counties and regional population centers. The department shall submit a prioritized list of
all projects requesting funding to the legislature by December
1st of each year.
(2) The department may establish an advisory committee
to carry out the mandates of this chapter.
(3) The department must report annually to the transportation committees of the legislature on the status of any grants
projects funded by the program created under this section.
[2005 c 318 § 4; 1996 c 49 § 3; 1995 c 269 § 2604; 1993 c 393
§ 5.]
47.66.030
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
47.66.040 Selection process—Local matching funds.
(1) The department shall select projects based on a competitive process. The competition shall be consistent with the
following criteria:
(a) Local, regional, and state transportation plans;
(b) Local transit development plans; and
(c) Local comprehensive land use plans.
(2) The following criteria shall be considered by the
department in selecting programs and projects:
(a) Objectives of the growth management act, the high
capacity transportation act, the commute trip reduction act,
transportation demand management programs, federal and
state air quality requirements, and federal Americans with
Disabilities Act and related state accessibility requirements;
and
(b) Enhancing the efficiency of regional corridors in
moving people among jurisdictions and modes of transportation, energy efficiency issues, reducing delay for people and
goods, freight and goods movement as related to economic
development, regional significance, rural isolation, the leveraging of other funds, and safety and security issues.
(3) The department shall determine the appropriate level
of local match required for each project based on the source
of funds. [2005 c 318 § 5; 1995 c 269 § 2606; 1993 c 393 §
6.]
47.66.040
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
[Title 47 RCW—page 222]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
47.66.070 Multimodal transportation account. The
multimodal transportation account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for
transportation purposes. [2000 2nd sp.s. c 4 § 2.]
47.66.070
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: See note following
RCW 82.08.020.
47.66.080 Grant programs examination. Beginning
in 2005, and every other year thereafter, the department shall
examine the division’s existing grant programs, and the
methods used to allocate grant funds, to determine the program’s effectiveness, and whether the methods used to allocate funds result in an equitable distribution of the grants.
The department shall submit a report of the findings to the
transportation committees of the legislature. [2005 c 318 §
6.]
47.66.080
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
47.66.090 High occupancy toll lanes operations
account. The high occupancy toll lanes operations account is
created in the state treasury. The department shall deposit all
revenues received by the department as toll charges collected
from high occupancy toll lane users. Moneys in this account
may be spent only if appropriated by the legislature. Moneys
in this account may be used for, but be not limited to, debt
service, planning, administration, construction, maintenance,
operation, repair, rebuilding, enforcement, and expansion of
high occupancy toll lanes and to increase transit, vanpool and
carpool, and trip reduction services in the corridor. A reasonable proportion of the moneys in this account must be dedicated to increase transit, vanpool, carpool, and trip reduction
services in the corridor. A reasonable proportion of the moneys in this account must be dedicated to increase transit, vanpool, carpool, and trip reduction services in the corridor.
[2005 c 312 § 4.]
47.66.090
Intent—Captions—2005 c 312: See notes following RCW 47.56.401.
47.66.900 Effective date—1993 c 393. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 15, 1993]. [1993 c 393 § 10.]
47.66.900
Chapter 47.68
Chapter 47.68 RCW
AERONAUTICS
(Formerly: Chapter 14.04 RCW, Aeronautics commission)
Sections
47.68.010
47.68.015
47.68.020
47.68.060
47.68.070
47.68.080
47.68.090
47.68.100
47.68.110
47.68.120
Statement of policy.
Change of meaning, certain terms.
Definitions.
Offices.
General powers.
Drafts of legislation, other duties.
Aid to municipalities, Indian tribes—Federal aid.
Acquisition and disposal of airports, facilities, etc.
Zoning powers not interfered with.
Condemnation, how exercised.
(2008 Ed.)
Aeronautics
47.68.130
47.68.140
47.68.150
47.68.160
47.68.170
47.68.180
47.68.185
47.68.190
47.68.200
47.68.210
47.68.220
47.68.230
47.68.235
47.68.240
47.68.250
47.68.255
47.68.280
47.68.290
47.68.300
47.68.310
47.68.320
47.68.330
47.68.340
47.68.350
47.68.360
47.68.380
47.68.390
47.68.400
47.68.410
47.68.900
Contracts or leases of facilities in operating airports.
Lease of airports.
Lien for state’s charges.
Acceptance of federal moneys.
State airways system.
Execution of necessary contracts.
Establishment of procedures required by conditions of federal
transfers of facilities.
Exclusive grants prohibited.
Exercise of powers, public and governmental purpose.
Rules—Standards.
Operating aircraft recklessly or under influence of intoxicants
or drugs.
Aircraft, airman, and airwoman certificates required.
License or certificate suspension—Noncompliance with support order—Reissuance.
Penalties for violations.
Registration of aircraft.
Evasive registration.
Investigations, hearings, etc.—Subpoenas—Compelling attendance.
Joint hearings—Cooperation.
State and municipal agencies to cooperate.
Enforcement of aeronautics laws.
Service of orders—Hearings—Review.
Exchange of data, reports of violations, etc.
Hazardous structures and obstacles—Marking—Hearing to
determine hazard.
Hazardous structures and obstacles—Reporting location—
Subpoenas.
Hazardous structures and obstacles—Exemption of structures
required by federal law to be marked.
Aerial search and rescue—Liability—Definition.
Airport capacity and facilities assessment.
Airport capacity and facilities market analysis.
Aviation planning council.
Severability—1947 c 165.
Recycling at airports: RCW 70.93.095.
47.68.010 Statement of policy. It is hereby declared
that the purpose of this chapter is to further the public interest
and aeronautical progress by providing for the protection and
promotion of safety in aeronautics; by cooperating in effecting uniformity of the laws and regulations relating to the
development and regulation of aeronautics in the several
states consistent with federal aeronautics laws and regulations; by granting to a state agency such powers and imposing
upon it such duties that the state may properly perform its
functions relative to aeronautics and effectively exercise its
jurisdiction over persons and property within such jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this state
and others engaged in aeronautics, and encourage and
develop aeronautics; by establishing only such regulations as
are essential in order that persons engaged in aeronautics of
every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by
providing for cooperation with the federal authorities in the
development of a national system of civil aviation and for
coordination of the aeronautical activities of those authorities
and the authorities of this state. [1947 c 165 § 2; Rem. Supp.
1947 § 10964-82. Formerly RCW 14.04.010.]
47.68.010
47.68.015 Change of meaning, certain terms. Unless
the language specifically indicates otherwise, or unless the
context plainly requires a different interpretation:
Wherever in any provision in the Revised Code of Washington the term "Washington state aeronautics commission",
"the state aeronautics commission", "the aeronautics commission of the state", "the aeronautics commission", or "the
commission" (when referring to the Washington state aero47.68.015
(2008 Ed.)
47.68.020
nautics commission) is used, it shall mean the department of
transportation created in RCW 47.01.031.
Wherever in any provision in the Revised Code of Washington the term "state director of aeronautics", "director of
aeronautics", or "director" (when referring to the state director of aeronautics) is used, it shall mean the secretary of transportation whose office is created in RCW 47.01.041. [1977
ex.s. c 151 § 22.]
47.68.020 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Aeronautics" means the science and art of flight and
including but not limited to transportation by aircraft; the
operation, construction, repair, or maintenance of aircraft,
aircraft power plants and accessories, including the repair,
packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement,
repair, or maintenance of airports or air navigation facilities;
and instruction in flying or ground subjects pertaining
thereto.
(2) "Aircraft" means any contrivance now known, or
hereafter invented, used or designed for navigation of or
flight in the air.
(3) "Airport" means any area of land or water which is
used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended
for use, for airport buildings or other airport facilities or
right-of-way, together with all airport buildings and facilities
located thereon.
(4) "Department" means the state department of transportation.
(5) "Secretary" means the state secretary of transportation.
(6) "State" or "this state" means the state of Washington.
(7) "Air navigation facility" means any facility, other
than one owned or operated by the United States, used in,
available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons,
markers, communicating systems, or other instrumentalities
or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and
landing of aircraft, or the safe and efficient operation or
maintenance of an airport, and any combination of any or all
of such facilities.
(8) "Operation of aircraft" or "operate aircraft" means
the use, navigation, or piloting of aircraft in the airspace over
this state or upon any airport within this state.
(9) "Airman or airwoman" means any individual who
engages, as the person in command, or as pilot, mechanic, or
member of the crew in the navigation of aircraft while under
way, and any individual who is directly in charge of the
inspection, maintenance, overhauling, or repair of aircraft
engines, airframes, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher or airtraffic control tower operator; but does not include any individual employed outside the United States, or any individual
employed by a manufacturer of aircraft, aircraft engines, airframes, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual
performing inspection or mechanical duties in connection
with aircraft owned or operated by the person.
47.68.020
[Title 47 RCW—page 223]
47.68.060
Title 47 RCW: Public Highways and Transportation
(10) "Aeronautics instructor" means any individual who
for hire or reward engages in giving instruction or offering to
give instruction in flying or ground subjects pertaining to
aeronautics, but excludes any instructor in a public school,
university, or institution of higher learning duly accredited
and approved for carrying on collegiate work, who instructs
in flying or ground subjects pertaining to aeronautics, while
in the performance of his or her duties at such school, university, or institution.
(11) "Air school" means any person who advertises, represents, or holds out as giving or offering to give instruction
in flying or ground subjects pertaining to aeronautics whether
for or without hire or reward; but excludes any public school,
university, or institution of higher learning duly accredited
and approved for carrying on collegiate work.
(12) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
body politic; and includes any trustee, receiver, assignee, or
other similar representative thereof.
(13) "Municipal" means pertaining to a municipality,
and "municipality" means any county, city, town, authority,
district, or other political subdivision or public corporation of
this state.
(14) "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the airspace
required for the flight of aircraft in landing or taking off at an
airport or is otherwise hazardous to such landing or taking
off.
(15) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.
[1993 c 208 § 4; 1984 c 7 § 342; 1947 c 165 § 1; Rem. Supp.
1947 § 10964-81. Formerly RCW 14.04.020.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.060 Offices. Suitable offices and office equipment shall be provided by the state for the aeronautics division of the department of transportation in a city in the state
that it may designate, and the department may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter. [1984 c 7 § 343; 1947 c 165 § 6;
Rem. Supp. 1947 § 10964-86. Formerly RCW 14.04.060.]
47.68.060
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.070 General powers. The department has general supervision over aeronautics within this state. It is
empowered and directed to encourage, foster, and assist in
the development of aeronautics in this state and to encourage
the establishment of airports and air navigation facilities. It
shall cooperate with and assist the federal government, the
municipalities of this state, and other persons in the development of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipalities are
authorized to cooperate with the department in the development of aeronautics and aeronautical facilities in this state.
[1984 c 7 § 344; 1947 c 165 § 7; Rem. Supp. 1947 § 1096487. Formerly RCW 14.04.070.]
47.68.070
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 224]
47.68.080 Drafts of legislation, other duties. The
department may draft and recommend necessary legislation
to advance the interests of the state in aeronautics, represent
the state in aeronautical matters before federal agencies and
other state agencies, and participate as party plaintiff or
defendant or as intervener on behalf of the state or any
municipality or citizen thereof in any controversy which
involves the interest of the state in aeronautics. [1984 c 7 §
345; 1947 c 165 § 8; 1945 c 252 § 5; Rem. Supp. 1947 §
10964-88. Formerly RCW 14.04.080.]
47.68.080
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.090 Aid to municipalities, Indian tribes—Federal aid. The department of transportation may make available its engineering and other technical services, with or
without charge, to any municipality or person desiring them
in connection with the planning, acquisition, construction,
improvement, maintenance or operation of airports or air
navigation facilities.
The department may render financial assistance by grant
or loan or both to any municipality or municipalities acting
jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or
municipalities, or to any Indian tribe recognized as such by
the federal government or such tribes acting jointly in the
planning, acquisition, construction, improvement, maintenance or operation of an airport, owned or controlled, or to be
owned or controlled by such tribe or tribes and to be held
available for the general use of the public, out of appropriations made by the legislature for such purposes. Such financial assistance may be furnished in connection with federal or
other financial aid for the same purposes: PROVIDED, That
no grant or loan or both shall be in excess of two hundred
fifty thousand dollars for any one project: PROVIDED FURTHER, That no grant or loan or both shall be granted unless
the municipality or municipalities acting jointly, or the tribe
or tribes acting jointly shall from their own funds match any
funds made available by the department upon such ratio as
the department may prescribe.
The department is authorized to act as agent of any
municipality or municipalities acting jointly or any tribe or
tribes acting jointly, upon the request of such municipality or
municipalities, or such tribe or tribes in accepting, receiving,
receipting for and disbursing federal moneys, and other moneys public or private, made available to finance, in whole or
in part, the planning, acquisition, construction, improvement,
maintenance or operation of an airport or air navigation facility; and if requested by such municipality or municipalities,
or tribe or tribes, may act as its or their agent in contracting
for and supervising such planning, acquisition, construction,
improvement, maintenance, or operation; and all municipalities and tribes are authorized to designate the department as
their agent for the foregoing purposes. The department, as
principal on behalf of the state, and any municipality on its
own behalf, may enter into any contracts, with each other or
with the United States or with any person, which may be
required in connection with a grant or loan of federal moneys
for airport or air navigation facility purposes. All federal
moneys accepted under this section shall be accepted and
transferred or expended by the department upon such terms
47.68.090
(2008 Ed.)
Aeronautics
and conditions as are prescribed by the United States. All
moneys received by the department pursuant to this section
shall be deposited in the state treasury, and, unless otherwise
prescribed by the authority from which such moneys were
received, shall be kept in separate funds designated according
to the purposes for which the moneys were made available,
and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the
same were made available, to be disbursed or expended in
accordance with the terms and conditions upon which they
were made available: PROVIDED, That any landing fee or
charge imposed by any Indian tribe or tribes for the privilege
of use of an airport facility planned, acquired, constructed,
improved, maintained, or operated with financial assistance
from the department pursuant to this section must apply
equally to tribal and nontribal members: PROVIDED FURTHER, That in the event any municipality or municipalities
or Indian tribe or tribes, or any distributor of aircraft fuel as
defined by RCW 82.42.020 which operates in any airport
facility which has received financial assistance pursuant to
this section, fails to collect the aircraft fuel excise tax as specified in chapter 82.42 RCW, all funds or value of technical
assistance given or paid to such municipality or municipalities or Indian tribe or tribes under the provisions of this section shall revert to the department, and shall be due and payable to the department immediately. [1980 c 67 § 1; 1975 1st
ex.s. c 161 § 1; 1947 c 165 § 9; Rem. Supp. 1947 § 10964-89.
Formerly RCW 14.04.090.]
Distributor of aircraft fuel defined: RCW 82.42.010(7).
47.68.100
47.68.100 Acquisition and disposal of airports, facilities, etc. The department is authorized on behalf of and in the
name of the state, out of appropriations and other moneys
made available for such purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate,
protect, and police airports, air navigation facilities, and air
markers and/or air marking systems, either within or without
the state, including the construction, installation, equipment,
maintenance, and operation at the airports of buildings and
other facilities for the servicing of aircraft or for the comfort
and accommodation of air travelers. For such purposes the
department may by purchase, gift, devise, lease, condemnation, or otherwise, acquire property, real or personal, or any
interest therein, including easements or land outside the
boundaries of an airport or airport site, as are necessary to
permit safe and efficient operation of the airports or to permit
the removal, elimination, marking, or lighting of obstructions
or airport hazards, or to prevent the establishment of airport
hazards. In like manner the department may acquire existing
airports and air navigation facilities. However, it shall not
acquire or take over any airport or air navigation facility
owned or controlled by a municipality of this or any other
state without the consent of the municipality. The department
may by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, or portion thereof or interest
therein. The disposal by sale, lease, or otherwise shall be in
accordance with the laws of this state governing the disposition of other property of the state, except that in the case of
disposals to any municipality or state government or the
United States for aeronautical purposes incident thereto, the
(2008 Ed.)
47.68.140
sale, lease, or other disposal may be effected in such manner
and upon such terms as the department deems in the best
interest of the state. The department may exercise any powers
granted by this section jointly with any municipalities, agencies, or departments of the state government, with other states
or their municipalities, or with the United States. [1984 c 7 §
346; 1947 c 165 § 10; Rem. Supp. 1947 § 10964-90. Formerly RCW 14.04.100.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.110 Zoning powers not interfered with. Nothing contained in this chapter shall be construed to limit any
right, power or authority of the state or a municipality to regulate airport hazards by zoning. [1947 c 165 § 11; Rem.
Supp. 1947 § 10964-91. Formerly RCW 14.04.110.]
47.68.110
Planning commissions: Chapter 35.63 RCW.
47.68.120 Condemnation, how exercised. In the condemnation of property authorized by this chapter, the department shall proceed in the name of the state in the manner that
property is acquired by the department for public uses. [1984
c 7 § 347; 1947 c 165 § 12; Rem. Supp. 1947 § 10964-92.
Formerly RCW 14.04.120.]
47.68.120
Severability—1984 c 7: See note following RCW 47.01.141.
Acquisition of highway property: Chapter 47.12 RCW.
Eminent domain by state: Chapter 8.04 RCW.
47.68.130 Contracts or leases of facilities in operating
airports. In operating an airport or air navigation facility
owned or controlled by the state, the department may enter
into contracts, leases, and other arrangements for a term not
exceeding twenty-five years with any persons. The department may grant the privilege of using or improving the airport or air navigation facility or any portion or facility thereof
or space therein for commercial purposes, confer the privilege of supplying goods, commodities, things, services, or
facilities at the airport or air navigation facility, or make
available services to be furnished by the department or its
agents at the airport or air navigation facility. In each case the
department may establish the terms and conditions and fix
the charges, rentals, or fees for the privileges or services,
which shall be reasonable and uniform for the same class of
privilege or service and shall be established with due regard
to the property and improvements used and the cost of operation to the state. In no case shall the public be deprived of its
rightful, equal, and uniform use of the airport, air navigation
facility, or portion or facility thereof. [1984 c 7 § 348; 1947
c 165 § 13; Rem. Supp. 1947 § 10964-93. Formerly RCW
14.04.130.]
47.68.130
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.140 Lease of airports. The department may by
contract, lease, or other arrangement, upon a consideration
fixed by it, grant to any qualified person for a term not to
exceed twenty-five years the privilege of operating, as agent
of the state or otherwise, any airport owned or controlled by
the state: PROVIDED, That no such person shall be granted
any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which
47.68.140
[Title 47 RCW—page 225]
47.68.150
Title 47 RCW: Public Highways and Transportation
the department might not have undertaken under RCW
47.68.130. [1983 c 3 § 141; 1947 c 165 § 14; Rem. Supp.
1947 § 10964-94. Formerly RCW 14.04.140.]
47.68.150 Lien for state’s charges. To enforce the
payment of any charges for repairs to, improvements, storage, or care of any personal property made or furnished by
the department or its agents in connection with the operation
of an airport or air navigation facility owned or operated by
the state, the state shall have liens on such property, which
shall be enforceable by the department as provided by law.
[1984 c 7 § 349; 1947 c 165 § 15; Rem. Supp. 1947 § 1096495. Formerly RCW 14.04.150.]
47.68.150
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.160 Acceptance of federal moneys. The department is authorized to accept, receive, receipt for, disburse,
and expend federal moneys, and other moneys public or private, made available to accomplish, in whole or in part, any
of the purposes of this section. All federal moneys accepted
under this section shall be accepted and expended by the
department upon such terms and conditions as are prescribed
by the United States. In accepting federal moneys under this
section, the department shall have the same authority to enter
into contracts on behalf of the state as is granted to the department under RCW 47.68.090 with respect to federal moneys
accepted on behalf of municipalities. All moneys received by
the department pursuant to this section shall be deposited in
the state treasury, and, unless otherwise prescribed by the
authority from which such moneys were received, shall be
kept in separate funds designated according to the purposes
for which the moneys were made available, and held by the
state in trust for such purposes. All such moneys are hereby
appropriated for the purpose of which the same were made
available, to be disbursed or expended in accordance with the
terms and conditions upon which they were made available.
[1983 c 3 § 142; 1947 c 165 § 16; 1945 c 252 § 7; Rem. Supp.
1947 § 10964-96. Formerly RCW 14.04.160.]
47.68.160
47.68.170 State airways system. The department may
designate, design, and establish, expand, or modify a state
airways system that will best serve the interest of the state. It
may chart the airways system and arrange for publication and
distribution of such maps, charts, notices, and bulletins relating to the airways as may be required in the public interest.
The system shall be supplementary to and coordinated in
design and operation with the federal airways system. It may
include all types of air navigation facilities, whether publicly
or privately owned, if the facilities conform to federal safety
standards. [1984 c 7 § 350; 1947 c 165 § 17; Rem. Supp.
1947 § 10964-97. Formerly RCW 14.04.170.]
47.68.170
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.180 Execution of necessary contracts. The
department may enter into any contracts necessary to the execution of the powers granted it by this chapter. All contracts
made by the department, either as the agent of the state or as
the agent of any municipality, shall be made pursuant to the
laws of the state governing the making of like contracts.
Where the planning, acquisition, construction, improvement,
47.68.180
[Title 47 RCW—page 226]
maintenance, or operation of any airport or air navigation
facility is financed wholly or partially with federal moneys,
the department as agent of the state or of any municipality,
may let contracts in the manner prescribed by the federal
authorities acting under the laws of the United States and any
rules or regulations made thereunder. [1984 c 7 § 351; 1947
c 165 § 18; Rem. Supp. 1947 § 10964-98. Formerly RCW
14.04.180.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.185 Establishment of procedures required by
conditions of federal transfers of facilities. The department
is authorized to establish the necessary accounts or administrative procedures required by conditions attached to transfers of airport facilities from the federal government to the
state of Washington. [1984 c 7 § 352; 1963 c 73 § 1. Formerly RCW 14.04.185.]
47.68.185
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.190 Exclusive grants prohibited. The department shall not grant any exclusive right for the use of any
landing area or air navigation facility under its jurisdiction.
This section shall not be construed to prevent the making of
contracts, leases, and other arrangements pursuant to this
chapter. [1984 c 7 § 353; 1947 c 165 § 19; Rem. Supp. 1947
§ 10964-99. Formerly RCW 14.04.190.]
47.68.190
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.200 Exercise of powers, public and governmental purpose. The acquisition of any lands or interest therein
pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment,
and operation of airports and air navigation facilities, whether
by the state separately or jointly with any municipality or
municipalities, and the exercise of any other powers herein
granted to the department are public and governmental functions, exercised for a public purpose, and matters of public
necessity. All lands and other property and privileges
acquired and used by or on behalf of the state in the manner
and for the purposes enumerated in this chapter shall and are
declared to be acquired and used for public and governmental
purposes and as a matter of public necessity. [1984 c 7 § 354;
1947 c 165 § 20; Rem. Supp. 1947 § 10964-100. Formerly
RCW 14.04.200.]
47.68.200
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.210 Rules—Standards. The department of
transportation may perform such acts, issue and amend such
orders, make, promulgate, and amend such reasonable general rules, and procedures, and establish such minimum standards, consistent with the provisions of this chapter, as it shall
deem necessary to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the
general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving
instruction in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water,
and developing and promoting aeronautics in this state. No
rule of the department shall apply to airports or air navigation
facilities owned or operated by the United States.
47.68.210
(2008 Ed.)
Aeronautics
The department shall keep on file with the code reviser,
and at the principal office of the department, a copy of all its
rules for public inspection.
The department shall provide for the publication and
general distribution of all its orders, rules, and procedures
having general effect. [1982 c 35 § 198; 1947 c 165 § 21;
Rem. Supp. 1947 § 10964-101. Formerly RCW 14.04.210.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Notice of meetings: Chapter 42.30 RCW.
47.68.220 Operating aircraft recklessly or under
influence of intoxicants or drugs. It shall be unlawful for
any person to operate an aircraft in the air, or on the ground
or water, while under the influence of intoxicating liquor,
narcotics, or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless manner
so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in
violation of this section, the court in determining whether the
operation was careless or reckless may consider the standards
for safe operation of aircraft prescribed by federal statutes or
regulations governing aeronautics. [1947 c 165 § 22; Rem.
Supp. 1947 § 10964-102. Formerly RCW 14.04.220.]
47.68.220
47.68.230 Aircraft, airman, and airwoman certificates required. It shall be unlawful for any person to operate
or cause or authorize to be operated any civil aircraft within
this state unless such aircraft has an appropriate effective certificate, permit, or license issued by the United States, if such
certificate, permit, or license is required by the United States,
and a current registration certificate issued by the secretary of
transportation, if registration of the aircraft with the department of transportation is required by this chapter. It shall be
unlawful for any person to engage in aeronautics as an airman
or airwoman in the state unless the person has an appropriate
effective airman or airwoman certificate, permit, rating, or
license issued by the United States authorizing him or her to
engage in the particular class of aeronautics in which he or
she is engaged, if such certificate, permit, rating, or license is
required by the United States.
Where a certificate, permit, rating, or license is required
for an airman or airwoman by the United States, it shall be
kept in his or her personal possession when he or she is operating within the state. Where a certificate, permit, or license
is required by the United States or by this chapter for an aircraft, it shall be carried in the aircraft at all times while the
aircraft is operating in the state and shall be conspicuously
posted in the aircraft where it may be readily seen by passengers or inspectors. Such certificates shall be presented for
inspection upon the demand of any peace officer, or any other
officer of the state or of a municipality or member, official, or
employee of the department of transportation authorized pursuant to this chapter to enforce the aeronautics laws, or any
official, manager, or person in charge of any airport, or upon
the reasonable request of any person. [2005 c 341 § 1; 1993
c 208 § 5; 1987 c 220 § 1; 1979 c 158 § 205; 1967 ex.s. c 68
§ 2; 1967 ex.s. c 9 § 7; 1949 c 49 § 11; 1947 c 165 § 23; Rem.
Supp. 1949 § 10964-103. Formerly RCW 14.04.230.]
47.68.230
Effective date—2005 c 341: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov(2008 Ed.)
47.68.240
ernment and its existing public institutions, and takes effect July 1, 2005."
[2005 c 341 § 6.]
47.68.235 License or certificate suspension—Noncompliance with support order—Reissuance. The department shall immediately suspend the license or certificate of a
person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all
other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 859.]
47.68.235
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
47.68.240 Penalties for violations. (1) Except as provided in subsection (2) of this section, any person violating
any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant thereto, is guilty of a misdemeanor.
(2)(a) Any person violating any of the provisions of
RCW 47.68.220, 47.68.230, or 47.68.255 is guilty of a gross
misdemeanor.
(b) In addition to, or in lieu of, the penalties provided in
this section, or as a condition to the suspension of a sentence
which may be imposed pursuant thereto, for violations of
RCW 47.68.220 and 47.68.230, the court in its discretion
may prohibit the violator from operating an aircraft within
the state for such period as it may determine but not to exceed
one year. Violation of the duly imposed prohibition of the
court may be treated as a separate offense under this section
or as a contempt of court.
(3) In addition to the provisions of subsections (1) and
(2) of this section, failure to register an aircraft, as required
by this chapter is subject to the following civil penalties:
(a) If the aircraft registration is sixty days to one hundred
nineteen days past due, the civil penalty is one hundred dollars.
(b) If the aircraft registration is one hundred twenty days
to one hundred eighty days past due, the civil penalty is two
hundred dollars.
(c) If the aircraft registration is over one hundred eighty
days past due, the civil penalty is four hundred dollars.
(4) The revenue from penalties prescribed in subsection
(3) of this section must be deposited into the aeronautics
account under RCW 82.42.090. [2005 c 341 § 2. Prior: 2003
c 375 § 3; 2003 c 53 § 265; 2000 c 229 § 2; 1999 c 277 § 5;
1993 c 238 § 3; 1987 c 202 § 216; 1983 c 3 § 145; 1947 c 165
47.68.240
[Title 47 RCW—page 227]
47.68.250
Title 47 RCW: Public Highways and Transportation
§ 24; Rem. Supp. 1947 § 10964-104. Formerly RCW
14.04.240.]
Effective date—2005 c 341: See note following RCW 47.68.230.
Effective date—2003 c 375: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 375 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: See note following RCW 46.16.010.
Intent—1987 c 202: See note following RCW 2.04.190.
47.68.250 Registration of aircraft. Every aircraft shall
be registered with the department for each calendar year in
which the aircraft is operated or is based within this state. A
fee of fifteen dollars shall be charged for each such registration and each annual renewal thereof.
Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax
imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by
this section shall be the only requisites for registration of an
aircraft under this section.
The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall
be collected by the secretary at the time of the collection by
him or her of the said excise tax. If the secretary is satisfied
that the requirements for registration of the aircraft have been
met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall
pay to the state treasurer the registration fees collected under
this section, which registration fees shall be credited to the
aeronautics account in the transportation fund.
It shall not be necessary for the registrant to provide the
secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or
payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
The provisions of this section shall not apply to:
(1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof,
including the government of the United States, any state, territory, or possession of the United States, or the District of
Columbia, which is not engaged in carrying persons or property for commercial purposes;
(2) An aircraft registered under the laws of a foreign
country;
(3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft
shall remain in and/or be based in this state for a period of
ninety days or longer it shall not be exempt under this section;
(4) An aircraft engaged principally in commercial flying
constituting an act of interstate or foreign commerce;
(5) An aircraft owned by the commercial manufacturer
thereof while being operated for test or experimental pur47.68.250
[Title 47 RCW—page 228]
poses, or for the purpose of training crews for purchasers of
the aircraft;
(6) An aircraft being held for sale, exchange, delivery,
test, or demonstration purposes solely as stock in trade of an
aircraft dealer licensed under Title 14 RCW;
(7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration
period, and has obtained a written exemption issued by the
secretary.
The secretary shall be notified within thirty days of any
change in ownership of a registered aircraft. The notification
shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the
full name and address of the new owner. For failure to so
notify the secretary, the registration of that aircraft may be
canceled by the secretary, subject to reinstatement upon
application and payment of a reinstatement fee of ten dollars
by the new owner.
A municipality or port district that owns, operates, or
leases an airport, as defined in RCW 47.68.020, with the
intent to operate, shall require from an aircraft owner proof of
aircraft registration as a condition of leasing or selling
tiedown or hanger space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. The airport shall work with the aviation division to assist in its
efforts to register aircraft by providing information about
based aircraft on an annual basis as requested by the division.
[2003 c 375 § 4; 1999 c 302 § 2; 1998 c 188 § 1; 1995 c 170
§ 3; 1993 c 208 § 7; 1987 c 220 § 3; 1979 c 158 § 206; 1967
ex.s. c 9 § 8; 1955 c 150 § 11; 1949 c 49 § 12; 1947 c 165 §
25; Rem. Supp. 1949 § 10964-105. Formerly RCW
14.04.250.]
Effective date—2003 c 375: See note following RCW 47.68.240.
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.
47.68.255 Evasive registration. A person who is
required to register an aircraft under this chapter and who
registers an aircraft in another state or foreign country evading the Washington aircraft excise tax is guilty of a gross misdemeanor. For a second or subsequent offense, the person
convicted is also subject to a fine equal to four times the
amount of avoided taxes and fees, no part of which may be
suspended or deferred. Excise taxes owed and fines assessed
will be deposited in the manner provided under RCW
46.16.010(4). [2003 c 53 § 266; 2000 c 229 § 3; 1999 c 277
§ 6; 1996 c 184 § 3; 1993 c 238 § 2.]
47.68.255
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1996 c 184: See note following RCW 46.16.010.
47.68.280 Investigations, hearings, etc.—Subpoenas—Compelling attendance. The department or any
officer or employee of the department designated by it has the
power to hold investigations, inquiries, and hearings concerning matters covered by this chapter including accidents in
aeronautics within this state. Hearings shall be open to the
public and, except as hereinafter provided, shall be held upon
47.68.280
(2008 Ed.)
Aeronautics
such call or notice as the department deems advisable. The
department and every officer or employee of the department
designated by it to hold any inquiry, investigation, or hearing
has the power to administer oaths and affirmations, certify to
all official acts, issue subpoenas, and order the attendance of
witnesses and the production of papers, books and documents. In case of the failure of a person to comply with a subpoena or order issued under the authority of this section, the
department or its authorized representatives may invoke the
aid of a competent court of general jurisdiction. The court
may thereupon order the person to comply with the requirements of the subpoena or order or to give evidence touching
the matter in question. Failure to obey the order of the court
may be punished by the court as a contempt thereof. [1984 c
7 § 356; 1947 c 165 § 28; Rem. Supp. 1947 § 10964-108.
Formerly RCW 14.04.280.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.290 Joint hearings—Cooperation. The department may confer with or hold joint hearings with any agency
of the United States in connection with any matter arising
under this chapter or relating to the development of aeronautics.
The department may avail itself of the cooperation, services, records, and facilities of the agencies of the United
States as fully as may be practicable in the administration and
enforcement of this chapter, and shall furnish to the agencies
of the United States such services, records, and facilities as
are practicable.
The department shall report to the appropriate agency of
the United States all accidents in aeronautics in this state of
which it is informed, and shall in so far as is practicable preserve, protect, and prevent the removal of the component
parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
[1984 c 7 § 357; 1947 c 165 § 29; Rem. Supp. 1947 § 10964109. Formerly RCW 14.04.290.]
47.68.290
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.300 State and municipal agencies to cooperate.
In carrying out this chapter the department may use the facilities and services of other agencies of the state and of the
municipalities of the state to the utmost extent possible, and
the agencies and municipalities are authorized and directed to
make available their facilities and services. [1984 c 7 § 358;
1947 c 165 § 30; Rem. Supp. 1947 § 10964-110. Formerly
RCW 14.04.300.]
47.68.300
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.310 Enforcement of aeronautics laws. It is the
duty of the secretary, the department, the officers and
employees of the department, and every state and municipal
officer charged with the enforcement of state and municipal
laws to enforce and assist in the enforcement of this chapter
and of all other laws of this state relating to aeronautics. The
secretary and those officers or employees of the department
designated by the secretary in writing are granted police powers solely for the enforcement of state aeronautics laws and
the rules having the effect of law. [1984 c 7 § 359; 1955 c
47.68.310
(2008 Ed.)
47.68.340
204 § 1; 1947 c 165 § 31; Rem. Supp. 1947 § 10964-111.
Formerly RCW 14.04.310.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.320 Service of orders—Hearings—Review.
Every order of the department requiring performance of certain acts or compliance with certain requirements and any
denial or revocation of an approval, certificate, or license
shall set forth the reasons and shall state the acts to be done or
requirements to be met before approval by the department
will be given or the approval, license, or certificate granted or
restored, or the order modified or changed. Orders issued by
the department under this chapter shall be served upon the
persons affected either by certified mail or in person. In every
case where notice and opportunity for a hearing are required
under this chapter, the order of the department shall, on not
less than ten days notice, specify a time when and place
where the person affected may be heard, or the time within
which the person may request a hearing, and the order shall
become effective upon the expiration of the time for exercising the opportunity for a hearing, unless a hearing is held or
requested within the time provided, in which case the order
shall be suspended until the department affirms, disaffirms,
or modifies the order after a hearing has been held or default
by the person has been affected. To the extent practicable,
hearings on the orders shall be in the county where the
affected person resides or does business. Any person
aggrieved by an order of the department or by the grant,
denial, or revocation of an approval, license, or certificate
may have the action of the department reviewed by the courts
of this state under chapter 34.05 RCW. [1984 c 7 § 360; 1947
c 165 § 32; Rem. Supp. 1947 § 10964-112. Formerly RCW
14.04.320.]
47.68.320
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.330 Exchange of data, reports of violations, etc.
The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings
instituted charging violation of RCW 47.68.220 and
47.68.230 and all penalties, of which it has knowledge,
imposed upon airmen or the owners or operators of aircraft
for violations of the law of this state relating to aeronautics or
for violations of the rules, regulations, or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government
and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states
governing the delivery, receipt, exchange, and use of reports
and data. The department may make the reports and data of
the federal agencies, the agencies of other states, and the
courts of this state available, with or without request therefor,
to any and all courts of this state. [1983 c 3 § 146; 1947 c 165
§ 33; Rem. Supp. 1947 § 10964-113. Formerly RCW
14.04.330.]
47.68.330
47.68.340 Hazardous structures and obstacles—
Marking—Hearing to determine hazard. A structure or
obstacle that obstructs the air space above ground or water
level, when determined by the department after a hearing to
be a hazard or potential hazard to the safe flight of aircraft,
47.68.340
[Title 47 RCW—page 229]
47.68.350
Title 47 RCW: Public Highways and Transportation
shall be plainly marked, illuminated, painted, lighted, or designated in a manner to be approved in accordance with the
general rules of the department so that the structure or obstacle will be clearly visible to airmen. In determining which
structures or obstacles constitute a safety hazard, or a hazard
to flight, the department shall take into account those obstacles located at a river, lake, or canyon crossing, and in other
low-altitude flight paths usually traveled by aircraft including, but not limited to, airport areas and runway departure and
approach areas as defined by federal air regulations. [1995 c
153 § 2; 1984 c 7 § 361; 1961 c 263 § 2. Formerly RCW
14.04.340.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.350 Hazardous structures and obstacles—
Reporting location—Subpoenas. The secretary may
require owners, operators, lessees, or others having the control or management of structures or obstacles over one hundred fifty feet above ground or water level and that are or may
become a hazard to air flight to report the location of the
existing or proposed structures or obstacles to the department. For that purpose the secretary may issue subpoenas and
subpoenas duces tecum returnable within twenty days to the
department. If a person refuses to obey the secretary’s subpoena, the department may certify to the superior court all
facts of the refusal. The court shall summarily hear evidence
on the refusal, and, if the evidence warrants, punish the person refusing in the same manner and to the same extent as a
contempt committed before the court. [1984 c 7 § 362; 1961
c 263 § 3. Formerly RCW 14.04.350.]
47.68.350
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.360 Hazardous structures and obstacles—
Exemption of structures required by federal law to be
marked. RCW 47.68.340 and 47.68.350 shall not apply to
structures required to be marked by federal regulations.
[1983 c 3 § 147; 1961 c 263 § 4. Formerly RCW 14.04.360.]
47.68.360
47.68.380 Aerial search and rescue—Liability—Definition. (1) The aviation division of the department is
responsible for the conduct and management of all aerial
search and rescue within the state. This includes search and
rescue efforts involving aircraft and airships. The division is
also responsible for search and rescue activities involving
electronic emergency signaling devices such as emergency
locater transmitters (ELT’s) and emergency position indicating radio beacons (EPIRB’s).
(2) An act or omission by any person registered with the
aviation division of the department for the purpose of engaging in aerial search and rescue activities, while engaged in
such activities, shall not impose any liability on the department or the person for civil damages resulting from the act or
omission. However, the immunity provided under this subsection shall not apply to an act or omission that constitutes
gross negligence or willful or wanton misconduct. For the
purpose of this subsection, "aerial search and rescue activities" includes, but is not limited to, training and trainingrelated activities, but does not include appropriate search and
rescue activities conducted under the authority of RCW
38.52.400. [2008 c 34 § 1; 1995 c 153 § 1.]
47.68.380
[Title 47 RCW—page 230]
47.68.390 Airport capacity and facilities assessment.
(1) The aviation division of the department of transportation
shall conduct a statewide airport capacity and facilities
assessment. The assessment must include a statewide analysis of existing airport facilities, and passenger and air cargo
transportation capacity, regarding both commercial aviation
and general aviation; however, the primary focus of the
assessment must be on commercial aviation. The assessment
must at a minimum address the following issues:
(a) Existing airport facilities, both commercial and general aviation, including air side, land side, and airport service
facilities;
(b) Existing air and airport capacity, including the number of annual passengers and air cargo operations;
(c) Existing airport services, including fixed based operator services, fuel services, and ground services; and
(d) Existing airspace capacity.
(2) The department shall consider existing information,
technical analyses, and other research the department deems
appropriate. The department may contract and consult with
private independent professional and technical experts
regarding the assessment.
(3) The department shall submit the assessment to the
appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2006. [2005 c 316 §
1.]
47.68.390
47.68.400 Airport capacity and facilities market
analysis. (1) After submitting the assessment under RCW
47.68.390, the aviation division of the department of transportation shall conduct a statewide airport capacity and facilities market analysis. The analysis must include a statewide
needs analysis of airport facilities, passenger and air cargo
transportation capacity, and demand and forecast market
needs over the next twenty-five years with a more detailed
analysis of the Puget Sound, southwest Washington, Spokane, and Tri-Cities regions. The analysis must address the
forecasted needs of both commercial aviation and general
aviation; however, the primary focus of the analysis must be
on commercial aviation. The analysis must at a minimum
address the following issues:
(a) A forecast of future airport facility needs based on
passenger and air cargo operations and demand, airline planning, and a determination of aviation trends, demographic,
geographic, and market factors that may affect future air
travel demand;
(b) A determination of when the state’s existing commercial service airports will reach their capacity;
(c) The factors that may affect future air travel and when
capacity may be reached and in which location;
(d) The role of the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, and airport sponsors in addressing statewide airport facilities and capacity needs; and
(e) Whether the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, or airport sponsors have identified options for addressing long-range capacity needs at airports, or in regions, that will reach capacity before the year
2030.
47.68.400
(2008 Ed.)
Navigation Canals
(2) The department shall consider existing information,
technical analyses, and other research the department deems
appropriate. The department may contract and consult with
private independent professional and technical experts
regarding the analysis.
(3) The department shall submit the analysis to the
appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2007. [2005 c 316 §
2.]
47.68.410 Aviation planning council. (Expires July 1,
2009.) (1) Upon completion of both the statewide assessment
and analysis required under RCW 47.68.390 and 47.68.400,
and to the extent funds are appropriated to the department for
this purpose, the governor shall appoint an aviation planning
council to consist of the following members: (a) The director
of the aviation division of the department of transportation, or
a designee; (b) the director of the department of community,
trade, and economic development, or a designee; (c) a member of the transportation commission, who shall be the chair
of the council; (d) two members of the general public familiar
with airport issues, including the impacts of airports on communities, one of whom must be from western Washington
and one of whom must be from eastern Washington; (e) a
technical expert familiar with federal aviation administration
airspace and control issues; (f) a commercial airport operator;
(g) a member of a growth management hearings board; (h) a
representative of the Washington airport management association; and (i) an airline representative. The chair of the council may designate another councilmember to serve as the acting chair in the absence of the chair. The department of transportation shall provide all administrative and staff support for
the council.
(2) The purpose of the council is to make recommendations, based on the findings of the assessment and analysis
completed under RCW 47.68.390 and 47.68.400, regarding
how best to meet the statewide commercial and general aviation capacity needs, as determined by the council. The council shall determine which regions of the state are in need of
improvement regarding the matching of existing, or projected, airport facilities, and the long-range capacity needs at
airports within the region expected to reach capacity before
the year 2030. After determining these areas, the council
shall make recommendations regarding the placement of
future commercial and general aviation airport facilities
designed to meet the need for improved aviation planning in
the region. The council shall include public input in making
final recommendations.
(3) The council shall submit its recommendations to the
appropriate standing committees of the legislature, the governor, the transportation commission, and applicable regional
transportation planning organizations.
(4) This section expires July 1, 2009. [2005 c 316 § 3.]
47.72.050
this end the provisions of this act are declared to be severable.
[1947 c 165 § 35. Formerly RCW 14.04.900.]
Chapter 47.72
Chapter 47.72 RCW
NAVIGATION CANALS
(Formerly: Chapter 91.12 RCW, Canal commission)
Sections
47.72.010
47.72.050
47.72.060
Declaration of purpose.
Powers and duties.
"Canal" defined.
47.68.410
47.68.900 Severability—1947 c 165. If any provision
of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect
the provisions or application of this act which can be given
effect without the invalid provisions or application, and to
47.68.900
(2008 Ed.)
47.72.010 Declaration of purpose. The purposes of
this chapter are to aid commerce and navigation, including
the development of recreational facilities related thereto, and
to otherwise promote the general welfare by the development
of navigation canals within the boundaries of the state of
Washington. [1965 ex.s. c 123 § 1. Formerly RCW
91.12.010.]
47.72.010
47.72.050 Powers and duties. In its capacity as successor to the canal commission, the department of transportation
may:
(1) Adopt rules and regulations necessary to carry out the
purposes of this chapter.
(2) Make such investigations, surveys, and studies it
deems necessary to determine the feasibility of the development of a navigation canal, or systems of navigation canals
within the state of Washington.
(3) Construct, maintain, and/or operate any navigation
canal, or navigation canal systems deemed feasible by the
department of transportation.
(4) Acquire by gift, purchase, or condemnation from any
person, municipal, public, or private corporation, or the state
of Washington, or lease from the United States of America,
any lands, rights-of-way, easements, or property rights in,
over, or across lands or waters necessary for the construction,
operation, or maintenance of any navigation canal, or navigation canal system. The acquisition of such rights is for a public use. The exercise of the right of eminent domain shall be
in the manner provided by chapter 8.04 RCW, and all actions
initiated thereunder shall be brought in the name of the
department of transportation.
(5) Hold public hearings. Prior to a determination of feasibility for any proposed project, the department shall hold a
public hearing so that members of the public may present
their views thereon.
(6) Accept and expend moneys appropriated by the legislature or received from any public or private source, including the federal government, in carrying out the purposes of
this chapter.
(7) Negotiate and cooperate with the United States of
America for the purpose of inducing the United States to
undertake the construction, operation, or maintenance of any
navigation canal, or navigation canal system provided for in
this chapter.
(8) As a local sponsor cooperate, contract, and otherwise
fully participate on behalf of the state of Washington with the
United States of America, in any study relating to a determination of feasibility of a navigation canal or navigation canal
system, and in any project relating to the construction, opera47.72.050
[Title 47 RCW—page 231]
47.72.060
Title 47 RCW: Public Highways and Transportation
tion, or maintenance of a navigation canal, or navigation
canal system to be undertaken by the United States of America.
The authority granted herein includes, but is not limited
to, contributing such moneys to the United States of America
as may be required and appropriated for that purpose by the
legislature and furnishing without cost to the United States of
America all lands, easements, and rights-of-way, performing
all necessary alterations to utilities arising from any project,
and holding the United States of America free from any
claims for damages arising out of the construction of any
project. [1977 ex.s. c 151 § 75; 1965 ex.s. c 123 § 5. Formerly RCW 91.12.050.]
47.72.060 "Canal" defined. For the purposes of this
chapter, "canal" is defined as any waterway for navigation
created by construction of reservoirs or construction of channels by excavation in dry ground, in streams, rivers or in tidal
waters and any existing waterway incorporated into such a
canal and including any appurtenant features necessary for
operation and maintenance of the canal. [1965 ex.s. c 123 §
6. Formerly RCW 91.12.060.]
47.72.060
Chapter 47.76
Chapter 47.76 RCW
RAIL FREIGHT SERVICE
Sections
47.76.200
47.76.210
47.76.220
47.76.230
47.76.240
47.76.250
47.76.270
47.76.280
47.76.290
47.76.300
47.76.310
47.76.320
47.76.330
47.76.350
47.76.400
47.76.410
47.76.420
47.76.430
47.76.440
47.76.450
47.76.900
Legislative findings.
State freight rail program.
State rail plan—Contents.
Freight rail planning—Railroad safety.
Rail preservation program.
Essential rail assistance account—Purposes.
Essential rail banking account merged into essential rail assistance account.
Sale or lease for use as rail service—Time limit.
Sale or lease for other use—Authorized buyers, notice, terms,
deed, deposit of moneys.
Sale for other use—Governmental entity.
Rent or lease of lands.
Sale at public auction.
Eminent domain exemptions.
Monitoring federal rail policies.
Produce railcar pool—Findings—Intent.
Produce railcar pool—Definition.
Produce railcar pool—Departmental authority.
Produce railcar pool—Funding.
Produce railcar pool—Management.
Produce railcar pool account.
Captions not law—2003 c 191.
47.76.200 Legislative findings. The legislature finds
that a balanced multimodal transportation system is required
to maintain the state’s commitment to the growing mobility
needs of its citizens and commerce. The state’s freight rail
system, including branch lines, mainlines, rail corridors, terminals, yards, and equipment, is an important element of this
multimodal system. Washington’s economy relies heavily
upon the freight rail system to ensure movement of the state’s
agricultural, chemical, and natural resources and manufactured products to local, national, and international markets
and thereby contributes to the economic vitality of the state.
Since 1970, Washington has lost over one-third of its rail
miles to abandonment and bankruptcies. The combination of
rail abandonments and rail system capacity constraints may
alter the delivery to market of many commodities. In addi47.76.200
[Title 47 RCW—page 232]
tion, the resultant motor vehicle freight traffic increases the
burden on state highways and county roads. In many cases,
the cost of maintaining and upgrading the state highways and
county roads exceeds the cost of maintaining rail freight service. Thus, the economy of the state will be best served by a
policy of maintaining and encouraging a healthy rail freight
system by creating mechanisms that keep rail freight lines
operating if the benefits of the service outweigh the cost.
Recognizing the implications of this trend for freight
mobility and the state’s economic future, the legislature finds
that better freight rail planning, better cooperation to preserve
rail lines, and increased financial assistance from the state are
necessary to maintain and improve the freight rail system
within the state. [1995 c 380 § 1; 1993 c 224 § 1; 1983 c 303
§ 4. Formerly RCW 47.76.010.]
Severability—1983 c 303: See RCW 36.60.905.
47.76.210 State freight rail program. The Washington state department of transportation shall implement a state
freight rail program that supports the freight rail service
objectives identified in the state’s multimodal transportation
plan required under chapter 47.06 RCW. The support may be
in the form of projects and strategies that support branch lines
and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail corridors
and infrastructure. [1995 c 380 § 2; 1990 c 43 § 2. Formerly
RCW 47.76.110.]
47.76.210
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
47.76.220 State rail plan—Contents. (1) The department of transportation shall prepare and periodically update a
state rail plan, the objective of which is to identify, evaluate,
and encourage essential rail services. The plan shall:
(a) Identify and evaluate mainline capacity issues;
(b) Identify and evaluate port-to-rail access and congestion issues;
(c) Identify and evaluate those rail freight lines that may
be abandoned or have recently been abandoned;
(d) Quantify the costs and benefits of maintaining rail
service on those lines that are likely to be abandoned;
(e) Establish priorities for determining which rail lines
should receive state support. The priorities should include the
anticipated benefits to the state and local economy, the anticipated cost of road and highway improvements necessitated
by the abandonment or capacity constraints of the rail line,
the likelihood the rail line receiving funding can meet operating costs from freight charges, surcharges on rail traffic, and
other funds authorized to be raised by a county or port district, and the impact of abandonment or capacity constraints
on changes in energy utilization and air pollution;
(f) Identify and describe the state’s rail system;
(g) Prepare a state freight rail system map;
(h) Identify and evaluate rail commodity flows and traffic types;
(i) Identify lines and corridors that have been rail banked
or preserved; and
(j) Identify and evaluate other issues affecting the state’s
rail traffic.
(2) The state rail plan may be prepared in conjunction
with the rail plan prepared by the department pursuant to the
47.76.220
(2008 Ed.)
Rail Freight Service
federal Railroad Revitalization and Regulatory Reform Act.
[1995 c 380 § 3; 1993 c 224 § 2; 1985 c 432 § 1; 1983 c 303
§ 5. Formerly RCW 47.76.020.]
Severability—1983 c 303: See RCW 36.60.905.
47.76.230 Freight rail planning—Railroad safety. (1)
The department of transportation shall continue its responsibility for the development and implementation of the state
rail plan and programs, and the utilities and transportation
commission shall continue its responsibility for railroad
safety issues.
(2) The department of transportation shall maintain an
enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of
major shippers must be obtained to the extent that such information is available.
(3) The department of transportation shall provide technical assistance, upon request, to state agencies and local
interests. Technical assistance includes, but is not limited to,
the following:
(a) Rail project cost-benefit analyses conducted in accordance with methodologies recommended by the federal railroad administration;
(b) Assistance in the formation of county rail districts
and port districts; and
(c) Feasibility studies for rail service continuation or rail
service assistance, or both.
(4) With funding authorized by the legislature, the
department of transportation, in collaboration with the
department of community, trade, and economic development,
and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on
rail matters. [2007 c 234 § 94; 1995 c 380 § 4; 1990 c 43 § 3.
Formerly RCW 47.76.120.]
47.76.230
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
47.76.240 Rail preservation program. The state,
counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should
participate in its preservation. Lines that provide benefits to
the state and local jurisdictions, such as avoided roadway
costs, reduced traffic congestion, economic development
potential, environmental protection, and safety, should be
assisted through the joint efforts of the state, local jurisdictions, and the private sector.
State funding for rail service, rail preservation, and corridor preservation projects must benefit the state’s interests.
The state’s interest is served by reducing public roadway
maintenance and repair costs, increasing economic development opportunities, increasing domestic and international
trade, preserving jobs, and enhancing safety. State funding
for projects is contingent upon appropriate local jurisdiction
and private sector participation and cooperation. Before
spending state moneys on projects, the department shall seek
federal, local, and private funding and participation to the
greatest extent possible.
(1) The department of transportation shall continue to
monitor the status of the state’s mainline and branchline com47.76.240
(2008 Ed.)
47.76.250
mon carrier railroads and preserved rail corridors through the
state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.
(2) The utilities and transportation commission shall
intervene in proceedings of the surface transportation board,
or its successor agency, on abandonments, when necessary,
to protect the state’s interest.
(3) The department of transportation, in consultation
with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and
corridors of significance to the state.
(4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.
(5) The department of transportation shall continue to
monitor projects for which it provides assistance. [2007 c
234 § 95; 1995 c 380 § 5; 1993 c 224 § 3; 1990 c 43 § 4. Formerly RCW 47.76.130.]
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
47.76.250 Essential rail assistance account—Purposes. (1) The essential rail assistance account is created in
the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.
(2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts,
counties, economic development councils, and port districts
for the purpose of:
(a) Acquiring, rebuilding, rehabilitating, or improving
rail lines;
(b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;
(c) Constructing railroad improvements to mitigate port
access or mainline congestion;
(d) Construction of loading facilities to increase business
on light density lines or to mitigate the impacts of abandonment;
(e) Preservation, including operation, of light density
lines, as identified by the Washington state department of
transportation, in compliance with this chapter; or
(f) Preserving rail corridors for future rail purposes by
purchase of rights-of-way. The department shall first pursue
transportation enhancement program funds, available under
the federal surface transportation program, to the greatest
extent practicable to preserve rail corridors. Purchase of
rights-of-way may include track, bridges, and associated elements, and must meet the following criteria:
(i) The right-of-way has been identified and evaluated in
the state rail plan prepared under this chapter;
(ii) The right-of-way may be or has been abandoned; and
(iii) The right-of-way has potential for future rail service.
(3) The department or the participating local jurisdiction
is responsible for maintaining any right-of-way acquired
under this chapter, including provisions for drainage management, fire and weed control, and liability associated with
ownership.
(4) Nothing in this section impairs the reversionary
rights of abutting landowners, if any, without just compensation.
47.76.250
[Title 47 RCW—page 233]
47.76.270
Title 47 RCW: Public Highways and Transportation
(5) The department, cities, county rail districts, counties,
and port districts may grant franchises to private railroads for
the right to operate on lines acquired under this chapter.
(6) The department, cities, county rail districts, counties,
and port districts may grant trackage rights over rail lines
acquired under this chapter.
(7) If rail lines or rail rights-of-way are used by county
rail districts, port districts, state agencies, or other public
agencies for the purposes of rail operations and are later
abandoned, the rail lines or rail rights-of-way cannot be used
for any other purposes without the consent of the underlying
fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or
reversionary rights holder.
(8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum
eligibility requirements for state assistance under RCW
47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory
committee. Project criteria should consider the level of local
financial commitment to the project as well as cost/benefit
ratio. Counties, local communities, railroads, shippers, and
others who benefit from the project should participate financially to the greatest extent practicable.
(9) Moneys received by the department from franchise
fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of
loans made under this section shall occur within a period not
longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined
before the distribution of the moneys.
(10) The state shall maintain a contingent interest in any
equipment, property, rail line, or facility that has outstanding
grants or loans. The owner may not use the line as collateral,
remove track, bridges, or associated elements for salvage, or
use it in any other manner subordinating the state’s interest
without permission from the department.
(11) Moneys distributed under this chapter should be
provided as loans wherever practicable. Except as provided
by section 3, chapter 73, Laws of 1996, for improvements on
or to privately owned railroads, railroad property, or other
private property, moneys distributed shall be provided solely
as loans. [1996 c 73 § 2; 1995 c 380 § 6; 1993 c 224 § 4; 1991
sp.s. c 13 § 22; 1991 c 363 § 125; 1990 c 43 § 11. Prior: 1985
c 432 § 2; 1985 c 57 § 64; 1983 c 303 § 6. Formerly RCW
47.76.030.]
Effective date—1996 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 13, 1996]." [1996 c 73 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1983 c 303: See RCW 36.60.905.
County rail districts: Chapter 36.60 RCW.
Port districts, acquisition and operation of facilities: RCW 53.08.020.
[Title 47 RCW—page 234]
47.76.270 Essential rail banking account merged into
essential rail assistance account. The essential rail banking
account is merged into the essential rail assistance account
created under RCW 47.76.250. Any appropriations made to
the essential rail banking account are transferred to the essential rail assistance account, and are subject to the restrictions
of that account. [1995 c 380 § 7; 1993 c 224 § 6; 1991 sp.s. c
13 § 120; 1991 c 363 § 127; 1990 c 43 § 7. Formerly RCW
47.76.160.]
47.76.270
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
47.76.280 Sale or lease for use as rail service—Time
limit. The department may sell or lease property acquired
under this chapter to a county rail district established under
chapter 36.60 RCW, a county, a port district, or any other
public or private entity authorized to operate rail service. Any
public or private entity that originally donated funds to the
department under this chapter shall receive credit against the
purchase price for the amount donated to the department, less
management costs, in the event such public or private entity
purchases the property from the department.
If no county rail district, county, port district, or other
public or private entity authorized to operate rail service purchases or leases the property within six years after its acquisition by the department, the department may sell or lease
such property in the manner provided in RCW 47.76.290.
Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.300 or 47.76.320.
[1995 c 380 § 8; 1993 c 224 § 7; 1991 sp.s. c 15 § 61; 1991 c
363 § 126; 1985 c 432 § 3. Formerly RCW 47.76.040.]
47.76.280
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
47.76.290 Sale or lease for other use—Authorized
buyers, notice, terms, deed, deposit of moneys. (1) If real
property acquired by the department under this chapter is not
sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the
department may sell or lease the property at fair market value
to any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) The former owner, heir, or successor of the property
from whom the property was acquired;
(e) Any abutting private owner or owners.
(2) Notice of intention to sell under this section shall be
given by publication in one or more newspapers of general
circulation in the area in which the property is situated not
less than thirty days prior to the intended date of sale.
(3) Sales to purchasers may, at the department’s option,
be for cash or by real estate contract.
47.76.290
(2008 Ed.)
Rail Freight Service
(4) Conveyances made under this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(5) All moneys received under this section shall be
deposited in the essential rail banking account of the general
fund. [1993 c 224 § 8; 1991 sp.s. c 15 § 62; 1985 c 432 § 4.
Formerly RCW 47.76.050.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.300 Sale for other use—Governmental entity.
If real property acquired by the department under this chapter
is not sold to a public or private entity authorized to operate
rail service within six years of its acquisition by the department, the department may transfer and convey the property to
the United States, its agencies or instrumentalities, to any
other state agency, or to any county or city or port district of
this state when, in the judgment of the secretary, the transfer
and conveyance is consistent with the public interest. Whenever the secretary makes an agreement for any such transfer
or conveyance, the secretary shall execute and deliver to the
grantee a deed of conveyance, easement, or other instrument,
duly acknowledged, as necessary to fulfill the terms of the
agreement. All moneys paid to the state of Washington under
this section shall be deposited in the essential rail banking
account of the general fund. [1993 c 224 § 9; 1991 sp.s. c 15
§ 63; 1985 c 432 § 5. Formerly RCW 47.76.060.]
47.76.300
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.310 Rent or lease of lands. The department is
authorized subject to the provisions and requirements of zoning ordinances of political subdivisions of government, to
rent or lease any lands acquired under this chapter, upon such
terms and conditions as the department determines. [1993 c
224 § 10; 1991 sp.s. c 15 § 64; 1985 c 432 § 6. Formerly
RCW 47.76.070.]
47.76.310
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.320 Sale at public auction. (1) If real property
acquired by the department under this chapter is not sold,
conveyed, or leased to a public or private entity within six
years of its acquisition by the department, the department
may, in its discretion, sell the property at public auction in
accordance with subsections (2) through (5) of this section.
(2) The department shall first give notice of the sale by
publication on the same day of the week for two consecutive
weeks, with the first publication at least two weeks before the
date of the auction, in a legal newspaper of general circulation in the area where the property to be sold is located. The
notice shall be placed in both the legal notices section and the
real estate classified section of the newspaper. The notice
shall contain a description of the property, the time and place
of the auction, and the terms of the sale. The sale may be for
cash or by real estate contract.
(3) In accordance with the terms set forth in the notice,
the department shall sell the property at the public auction to
the highest and best bidder if the bid is equal to or higher than
the appraised fair market value of the property.
47.76.320
(2008 Ed.)
47.76.410
(4) If no bids are received at the auction or if all bids are
rejected, the department may, in its discretion, enter into
negotiations for the sale of the property or may list the property with a licensed real estate broker. No property may be
sold by negotiations or through a broker for less than the
property’s appraised fair market value. Any offer to purchase
real property under this subsection shall be in writing and
may be rejected at any time before written acceptance by the
department.
(5) Conveyances made under this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(6) All moneys received under this section shall be
deposited in the essential rail banking account of the general
fund. [1993 c 224 § 11; 1991 sp.s. c 15 § 65; 1985 c 432 § 7.
Formerly RCW 47.76.080.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.330 Eminent domain exemptions. Transfers of
ownership of property acquired under this chapter are exempt
from chapters 8.25 and 8.26 RCW. [1993 c 224 § 12; 1991
sp.s. c 15 § 66; 1985 c 432 § 8. Formerly RCW 47.76.090.]
47.76.330
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.350 Monitoring federal rail policies. The
department of transportation shall continue to monitor federal
rail policies and congressional action and communicate to
Washington’s congressional delegation and federal transportation agencies the need for a balanced transportation system
and associated funding. [1990 c 43 § 10. Formerly RCW
47.76.190.]
47.76.350
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
47.76.400 Produce railcar pool—Findings—Intent.
The legislature finds that an actively coordinated and cooperatively facilitated railcar pool for transportation of perishable
agricultural commodities is necessary for the continued viability and competitiveness of Washington’s agricultural
industry. The legislature also finds that the rail transportation
model established by the Washington Grain Train program
has been successful in serving the shipping needs of the
wheat industry.
It is, therefore, the intent of the legislature to authorize
and direct the Washington department of transportation to
develop a railcar program for Washington’s perishable commodity industries to be known as the Washington Produce
Railcar Pool. This railcar program should be modeled from
the Washington Grain Train program, but be made flexible
enough to work with entities outside state government in
order to fulfill its mission, including, but not limited to, the
federal and local governments, commodity commissions, and
private entities. [2003 c 191 § 1.]
47.76.400
47.76.410 Produce railcar pool—Definition. As used
in RCW 47.76.400 through 47.76.450 "short line railroad"
means a Class II or Class III railroad as defined by the United
States Surface Transportation Board. [2003 c 191 § 2.]
47.76.410
[Title 47 RCW—page 235]
47.76.420
Title 47 RCW: Public Highways and Transportation
47.76.420 Produce railcar pool—Departmental
authority. In addition to powers otherwise granted by law,
the department may establish a Washington Produce Railcar
Pool to promote viable, cost-effective rail service for Washington produce, including but not limited to apples, onions,
pears, and potatoes, both processed and fresh.
To the extent that funds are appropriated, the department
may:
(1) Operate the Washington Produce Railcar Pool program while working in close coordination with the department of agriculture, interested commodity commissions, port
districts, and other interested parties;
(2) For the purposes of this program:
(a) Purchase or lease new or used refrigerated railcars;
(b) Accept donated refrigerated railcars; and
(c) Refurbish and remodel the railcars;
(3) Hire, in consultation with affected stakeholders,
including but not limited to short line railroads, commodity
commissions, and port districts, a transportation management
firm to perform the function outlined in RCW 47.76.440; and
(4) Contribute the efforts of a short line rail-financing
expert to find funding for the project to help interested short
line railroads in this state to accomplish the necessary operating arrangements once the railcars are ready for service.
[2003 c 191 § 3.]
47.76.420
47.76.430 Produce railcar pool—Funding. To the
extent that funds are appropriated, the department shall fund
the program as follows: The department may accept funding
from the federal government, or other public or private
sources, to purchase or lease new or used railcars and to
refurbish and remodel the railcars as needed. Nothing in this
section precludes other entities, including but not limited to
short line railroads, from performing the remodeling under
RCW 47.76.400 through 47.76.450. [2003 c 191 § 4.]
47.76.430
47.76.440 Produce railcar pool—Management. (1)
The transportation management firm hired under RCW
47.76.420(3) shall manage the day-to-day operations of the
railcars, such as monitoring the location of the cars, returning
them to this state, distributing them, arranging for pretrips
and repairs, and arranging for per diem, mileage allowances,
and other freight billing charges with the railroads.
(2) The railcar pool must be managed over the life of the
railcars so that the railcars will be distributed to railroads and
port districts around the state for produce loadings as market
conditions warrant or to other users, including out-of-state
users by contractual agreement, during times of excess capacity.
(3) To maximize railcar availability and use, the department or the transportation management firm may make
agreements with the transcontinental railroad systems to pool
Washington-owned or Washington-managed railcars with
those of the railroads. In such instances, the railroad must
agree to provide immediately an equal number of railcars to
the Washington railcar pool.
(4) The department shall act in an oversight role to verify
that the railcar pool is managed in accordance with subsections (2) and (3) of this section. [2003 c 191 § 5.]
47.76.440
[Title 47 RCW—page 236]
47.76.450 Produce railcar pool account. The produce
railcar pool account is created in the custody of the state treasurer. All receipts from per diem charges, mileage charges,
and freight billing charges paid by railroads and shippers that
use the railcars in the Washington Produce Railcar Pool must
be deposited into the account. Expenditures from the account
may be used only for the purposes of RCW 47.76.400
through 47.76.440. Only the secretary of transportation or
the secretary’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 191 § 6.]
47.76.450
47.76.900 Captions not law—2003 c 191. Section captions used in this act are not part of the law. [2003 c 191 § 8.]
47.76.900
Chapter 47.78
Chapter 47.78 RCW
HIGH CAPACITY
TRANSPORTATION DEVELOPMENT
(Formerly: Rail service development)
Sections
47.78.010
High capacity transportation account.
47.78.010 High capacity transportation account.
There is hereby established in the state treasury the high
capacity transportation account. Money in the account shall
be used, after appropriation, for local high capacity transportation purposes including rail freight, activities associated
with freight mobility, and commute trip reduction activities.
[1997 c 457 § 513; (1995 2nd sp.s. c 14 § 528 expired June
30, 1997); 1991 sp.s. c 13 §§ 66, 121; 1990 c 43 § 47; 1987 c
428 § 1.]
47.78.010
Severability—1997 c 457: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 457 § 701.]
Effective date—1997 c 457: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 457 § 702.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
Effective date—1987 c 428: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 428 § 4.]
Chapter 47.79 RCW
HIGH-SPEED GROUND TRANSPORTATION
Chapter 47.79
Sections
47.79.010
47.79.020
47.79.030
Legislative declaration.
Program established—Goals.
Project priority—Funding sources.
(2008 Ed.)
High-Speed Ground Transportation
47.79.040
47.79.050
47.79.060
47.79.070
47.79.110
47.79.120
47.79.130
47.79.140
47.79.150
47.79.900
Rail passenger plan.
Facility acquisition and management.
Gifts.
Adjacent real property.
King Street station—Findings.
King Street station—Acquisition.
King Street station—Department’s powers and duties.
King Street station—Leases and contracts for multimodal terminal.
King Street railroad station facility account.
Effective date—1993 c 381.
47.79.010 Legislative declaration. The legislature recognizes that major intercity transportation corridors in this
state are becoming increasingly congested. In these corridors,
population is expected to grow by nearly forty percent over
the next twenty years, while employment will grow by nearly
fifty percent. The estimated seventy-five percent increase in
intercity travel demand must be accommodated to ensure
state economic vitality and protect the state’s quality of life.
The legislature finds that high-speed ground transportation offers a safer, more efficient, and environmentally
responsible alternative to increasing highway capacity. Highspeed ground transportation can complement and enhance
existing air transportation systems. High-speed ground transportation can be compatible with growth management plans
in counties and cities served by such a system. Further, highspeed ground transportation offers a reliable, all-weather service capable of significant energy savings over other intercity
modes. [1993 c 381 § 1.]
47.79.010
47.79.020 Program established—Goals. The legislature finds that there is substantial public benefit to establishing a high-speed ground transportation program in this state.
The program shall implement the recommendations of the
high-speed ground transportation steering committee report
dated October 15, 1992. The program shall be administered
by the department of transportation in close cooperation with
the utilities and transportation commission and affected cities and counties.
The high-speed ground transportation program shall
have the following goals:
(1) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Everett and
Portland, Oregon by 2020. This would be accomplished by
meeting the intermediate objectives of a maximum travel
time between downtown Portland and downtown Seattle of
two hours and thirty minutes by the year 2000 and maximum
travel time of two hours by the year 2010;
(2) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Everett and
Vancouver, B.C. by 2025;
(3) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Seattle and Spokane by 2030.
The department of transportation shall, subject to legislative appropriation, implement such projects as necessary to
achieve these goals in accordance with the implementation
plans identified in RCW 47.79.030 and 47.79.040. [1993 c
381 § 2.]
47.79.050
awareness of the benefits of high-speed ground transportation
by developing high-quality intercity passenger rail service as
a first step. This high-quality intercity passenger rail service
shall be developed through incremental upgrading of the
existing service. The department of transportation shall, subject to legislative appropriation, develop a prioritized list of
projects to improve existing passenger rail service and begin
new passenger rail service, to include but not be limited to:
(1) Improvement of depots;
(2) Improved grade crossing protection or grade crossing
elimination;
(3) Enhanced train signals to improve rail corridor
capacity and increase train speeds;
(4) Revised track geometry or additional trackage to
improve ride quality and increase train speeds; and
(5) Contract for new or improved service in accordance
with federal requirements to improve service frequency.
Service enhancements and station improvements must
be based on the extent to which local comprehensive plans
contribute to the viability of intercity passenger rail service,
including providing efficient connections with other transportation modes such as transit, intercity bus, and roadway
networks. Before spending state moneys on these projects,
the department of transportation shall seek federal, local, and
private funding participation to the greatest extent possible.
Funding priorities for station improvements must also be
based on the level of local and private in-kind and cash contributions. [1993 c 381 § 3.]
47.79.020
47.79.030 Project priority—Funding sources. The
legislature finds it important to develop public support and
47.79.030
(2008 Ed.)
47.79.040 Rail passenger plan. The legislature recognizes the need to plan for the high-speed ground transportation service and the high-quality intercity rail passenger service set forth in RCW 47.79.020 and 47.79.030. The department of transportation shall, subject to legislative
appropriation, develop a rail passenger plan through the conduct of studies addressing, but not limited to, the following
areas:
(1) Refined ridership estimates;
(2) Preliminary location and environmental analysis on
new corridors;
(3) Detailed station location assessments in concert with
affected local jurisdictions;
(4) Coordination with the air transportation commission
on statewide air transportation policy and its effects on highspeed ground transportation service; and
(5) Coordination with the governments of Oregon and
British Columbia, when appropriate, on alignment, station
location, and environmental analysis. [1993 c 381 § 4.]
47.79.040
47.79.050 Facility acquisition and management. Subject to appropriation, the department is authorized to acquire
by purchase, lease, condemnation, gift, devise, bequest,
grant, or exchange, title to or any interests or rights in real
property adjacent to or used in association with state intercity
passenger rail service which may include, but are not limited
to, depots, platforms, parking areas, and maintenance facilities. The department is authorized to contract with a public or
private entity for the operation, maintenance, and/or management of these facilities. [1999 c 253 § 1.]
47.79.050
[Title 47 RCW—page 237]
47.79.060
Title 47 RCW: Public Highways and Transportation
47.79.060 Gifts. Subject to appropriation, the department is authorized to accept and expend or use gifts, grants,
and donations for the benefit of any depot, platform, parking
area, maintenance facility, or other associated rail facility.
However, such an expenditure shall be for the public benefit
of the state’s intercity passenger rail service. [1999 c 253 §
2.]
47.79.060
47.79.070 Adjacent real property. Subject to appropriation, the department is authorized to exercise all the powers and perform all the duties necessary, convenient, or incidental to the planning, designing, constructing, improving,
repairing, operating, and maintaining real property adjacent
to or used in association with the state intercity passenger rail
service which may include, but are not limited to, depots,
platforms, parking areas, and maintenance facilities, even if
such real property is owned or controlled by another entity.
However, any expenditure of public funds for these purposes
shall be directly related to public benefit of the state’s intercity passenger rail service. The department shall enter into a
written contract with the affected real property owners to
secure the public’s investment. [1999 c 253 § 3.]
47.79.070
47.79.110 King Street station—Findings. The legislature finds that a balanced, multimodal transportation system
is an essential element of the state’s infrastructure, and that
effective rail passenger service is an integral part of a balanced, multimodal transportation system. The legislature further finds that the King Street railroad station is the key hub
for both Puget Sound’s intermodal passenger transportation
system and the state’s rail passenger system. The legislature
recognizes that the redevelopment of the King Street railroad
station depot, along with necessary and related properties, is
critical to its continued functioning as a transportation hub
and finds that innovative funding arrangements can materially assist in furthering the redevelopment at reduced public
expense. [2001 c 62 § 1.]
47.79.110
Effective date—2001 c 62: "Due to the irrevocable expiration of federal and Amtrak funds critical to the redevelopment of the King Street railroad station on or before June 30, 2001, sections 1 through 6 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 18, 2001]." [2001 c 62 § 7.]
47.79.120 King Street station—Acquisition. The
department may acquire, or contract to acquire, by purchase,
lease, option to lease or purchase, condemnation, gift, devise,
bequest, grant, or exchange of title, the King Street railroad
station depot located in Seattle, or any interests or rights in it,
and other real property and improvements adjacent to, or
used in association with, the King Street railroad station
depot. The property may include, but not be limited to, the
depot, platforms, parking areas, pedestrian and vehicle access
areas, and maintenance facilities. These properties, in the
aggregate, will be known as the King Street railroad station.
[2001 c 62 § 2.]
47.79.120
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.130 King Street station—Department’s powers
and duties. During all periods that the department contracts
to own or lease some, or all, of the King Street railroad station
47.79.130
[Title 47 RCW—page 238]
properties, the department may exercise all the powers and
perform all the duties necessary, convenient, or incidental for
planning, designing, constructing, improving, repairing, renovating, restoring, operating, and maintaining the King Street
railroad station properties. These powers also include authority to lease or sell, assign, sublease, or otherwise transfer all,
or portions of, the King Street railroad station properties for
transportation or other public or private purposes and to contract with other public or private entities for the operation,
administration, maintenance, or improvement of the King
Street railroad station properties after the department takes
possession of some, or all, of the properties, as the secretary
deems appropriate. If the department transfers any of its fee
ownership interests in the King Street railroad station properties, proceeds from the transaction must be placed in an
account that supports multimodal programs, but not into an
account restricted by Article II, section 40 of the state Constitution. [2001 c 62 § 3.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.140
47.79.140 King Street station—Leases and contracts
for multimodal terminal. To facilitate tax exempt financing
for the acquisition and improvement of the King Street railroad station, the department may lease from or contract with
public or private entities for the acquisition, lease, operation,
maintenance, financing, renovation, restoration, or management of some, or all, of the King Street railroad station properties as a multimodal terminal that supports the state intercity passenger rail service. The leases or contracts are not
subject to either chapter 39.94 or 43.82 RCW. The leases and
contracts will expire no later than fifty years from the time
they are executed, and at that time the department will either
receive title or have the right to receive title to the financed
property without additional obligation to compensate the
owner of those properties for the acquisition of them. The
secretary may take all actions necessary, convenient, or incidental to the financing. [2001 c 62 § 4.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.150
47.79.150 King Street railroad station facility
account. (1) The department may establish the King Street
railroad station facility account as an interest-bearing local
account. Receipts from the sources listed in subsection (2) of
this section must be deposited into the account. Nothing in
this section is a pledge of funds deposited to the account for
repayment of tax exempt financing related to the King Street
railroad station. The department may invest funds from the
account as permitted by law and may enter into contracts with
financial advisors as deemed necessary for that purpose. Only
the secretary or the secretary’s designee may authorize
expenditures from the account.
(2) All funds appropriated to the King Street railroad station facility account by the legislature; all contributions, payments, grants, gifts, and donations to the account from other
public or private entities; all receipts from departmental
transactions involving capital facility sales, transfers, property leases and rents, incomes, and parking fees associated
with the King Street railroad station; as well as all investment
income associated with the account must be deposited into
(2008 Ed.)
Regional Transportation Planning Organizations
the King Street railroad station facility account for purposes
specified in subsection (3) of this section.
(3) All funds deposited into the King Street railroad station facility account must be expended by the department
solely to pay the following expenses:
(a) Costs for management of the account;
(b) Purchase and acquisition costs for King Street railroad station properties;
(c) Payments, including incidental expenses, relating to
the King Street railroad station depot as required by a lease or
contract under RCW 47.79.140;
(d) Maintenance and operating costs for the King Street
railroad station properties; and
(e) Capital improvement projects initiated by the department associated with, and for the benefit of, the King Street
railroad station depot occurring after the date of the department’s beneficial occupancy of the renovated King Street
railroad station depot, and for capital improvement projects
initiated at any time by the department for the benefit of King
Street railroad station properties other than the depot including, but not limited to, improvements to associated platforms,
parking areas, temporary buildings, maintenance facilities,
pedestrian access, and other improvements essential to the
operation of the station as a multimodal terminal.
(4) Nothing in this section is intended to restrict the right
of the department from otherwise funding purchase, acquisition, capital improvement, maintenance, rental, operational,
and other incidental costs relating to the King Street railroad
station from appropriations and resources that are not designated for deposit in the King Street railroad station facility
account. [2001 c 62 § 5.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.900 Effective date—1993 c 381. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 381 § 5.]
47.79.900
Chapter 47.80
Chapter 47.80 RCW
REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS
Sections
47.80.010
47.80.011
47.80.020
47.80.023
47.80.026
47.80.030
47.80.040
47.80.050
47.80.060
47.80.070
47.80.080
47.80.900
47.80.901
47.80.902
47.80.903
47.80.904
Findings—Declaration.
Legislative intent.
Regional transportation planning organizations authorized.
Duties.
Comprehensive plans, transportation guidelines, and principles.
Regional transportation plan—Contents, review, use.
Transportation policy boards.
Allocation of regional transportation planning funds.
Executive board membership.
Statewide consistency.
Majority vote on state matters.
Severability—1990 1st ex.s. c 17.
Part, section headings not law—1990 1st ex.s. c 17.
Captions not part of law—1994 c 158.
Severability—1994 c 158.
Effective date—1994 c 158.
47.80.010 Findings—Declaration. The legislature
finds that while the transportation system in Washington is
owned and operated by numerous public jurisdictions, it
47.80.010
(2008 Ed.)
47.80.020
should function as one interconnected and coordinated system. Transportation planning, at all jurisdictional levels,
should be coordinated with local comprehensive plans. Further, local jurisdictions and the state should cooperate to
achieve both statewide and local transportation goals. To
facilitate this coordination and cooperation among state and
local jurisdictions, the legislature declares it to be in the
state’s interest to establish a coordinated planning program
for regional transportation systems and facilities throughout
the state. [1990 1st ex.s. c 17 § 53.]
47.80.011
47.80.011 Legislative intent. The legislature recognizes that recent legislative enactments have significantly
added to the complexity of and to the potential for benefits
from integrated transportation and comprehensive planning
and that there is currently a unique opportunity for integration of local comprehensive plans and regional goals with
state and local transportation programs. Further, approaches
to transportation demand management initiatives and local
and state transportation funding can be better coordinated to
insure an efficient, effective transportation system that
insures mobility and accessibility, and addresses community
needs.
The legislature further finds that transportation and land
use share a critical relationship that policy makers can better
utilize to address regional strategies.
Prudent and cost-effective investment by the state and by
local governments in highway facilities, local streets and
arterials, rail facilities, marine facilities, nonmotorized transportation facilities and systems, public transit systems, transportation system management, transportation demand management, and the development of high capacity transit systems can help to effectively address mobility needs. Such
investment can also enhance local and state objectives for
effective comprehensive planning, economic development
strategies, and clean air policies.
The legislature finds that addressing public initiatives
regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration between
transportation and comprehensive planning among public
institutions, particularly in the state’s largest metropolitan
areas is considered by the state to be imperative, and to have
significant benefit to the citizens of Washington. [1994 c 158
§ 1.]
47.80.020
47.80.020 Regional transportation planning organizations authorized. The legislature hereby authorizes creation of regional transportation planning organizations within
the state. Each regional transportation planning organization
shall be formed through the voluntary association of local
governments within a county, or within geographically contiguous counties. Each organization shall:
(1) Encompass at least one complete county;
(2) Have a population of at least one hundred thousand,
or contain a minimum of three counties; and
(3) Have as members all counties within the region, and
at least sixty percent of the cities and towns within the region
representing a minimum of seventy-five percent of the cities’
and towns’ population.
[Title 47 RCW—page 239]
47.80.023
Title 47 RCW: Public Highways and Transportation
The state department of transportation must verify that
each regional transportation planning organization conforms
with the requirements of this section.
In urbanized areas, the regional transportation planning
organization is the same as the metropolitan planning organization designated for federal transportation planning purposes. [1990 1st ex.s. c 17 § 54.]
47.80.023 Duties. Each regional transportation planning organization shall have the following duties:
(1) Prepare and periodically update a transportation
strategy for the region. The strategy shall address alternative
transportation modes and transportation demand management measures in regional corridors and shall recommend
preferred transportation policies to implement adopted
growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in
RCW 47.80.030 that is consistent with county-wide planning
policies if such have been adopted pursuant to chapter
36.70A RCW, with county, city, and town comprehensive
plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation
elements of comprehensive plans adopted by counties, cities,
and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent
with the adopted regional transportation plan, and, where
appropriate, conform with the requirements of RCW
36.70A.070.
(4) Where appropriate, certify that county-wide planning
policies adopted under RCW 36.70A.210 and the adopted
regional transportation plan are consistent.
(5) Develop, in cooperation with the department of transportation, operators of public transportation services and
local governments within the region, a six-year regional
transportation improvement program which proposes regionally significant transportation projects and programs and
transportation demand management measures. The regional
transportation improvement program shall be based on the
programs, projects, and transportation demand management
measures of regional significance as identified by transit
agencies, cities, and counties pursuant to RCW 35.58.2795,
35.77.010, and 36.81.121, respectively. The program shall
include a priority list of projects and programs, project segments and programs, transportation demand management
measures, and a specific financial plan that demonstrates how
the transportation improvement program can be funded. The
program shall be updated at least every two years for the
ensuing six-year period.
(6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the
other responsibilities of the organization. The lead planning
agency may be a regional organization, a component county,
city, or town agency, or the appropriate Washington state
department of transportation district office.
(7) Review level of service methodologies used by cities
and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.
(8) Work with cities, counties, transit agencies, the
department of transportation, and others to develop level of
47.80.023
[Title 47 RCW—page 240]
service standards or alternative transportation performance
measures.
(9) Submit to the agency council on coordinated transportation, as provided in chapter 47.06B RCW, beginning on
July 1, 2007, and every four years thereafter, an updated plan
that includes the elements identified by the council. Each
regional transportation planning organization must submit to
the council every two years a prioritized regional human service and transportation project list. [2007 c 421 § 5; 1998 c
171 § 8; 1994 c 158 § 2.]
47.80.026
47.80.026 Comprehensive plans, transportation
guidelines, and principles. Each regional transportation
planning organization, with cooperation from component cities, towns, and counties, shall establish guidelines and principles by July 1, 1995, that provide specific direction for the
development and evaluation of the transportation elements of
comprehensive plans, where such plans exist, and to assure
that state, regional, and local goals for the development of
transportation systems are met. These guidelines and principles shall address at a minimum the relationship between
transportation systems and the following factors: Concentration of economic activity, residential density, development
corridors and urban design that, where appropriate, supports
high capacity transit, freight transportation and port access,
development patterns that promote pedestrian and nonmotorized transportation, circulation systems, access to regional
systems, effective and efficient highway systems, the ability
of transportation facilities and programs to retain existing and
attract new jobs and private investment and to accommodate
growth in demand, transportation demand management, joint
and mixed use developments, present and future railroad
right-of-way corridor utilization, and intermodal connections.
Examples shall be published by the organization to assist
local governments in interpreting and explaining the requirements of this section. [1994 c 158 § 3.]
47.80.030
47.80.030 Regional transportation plan—Contents,
review, use. (1) Each regional transportation planning organization shall develop in cooperation with the department of
transportation, providers of public transportation and high
capacity transportation, ports, and local governments within
the region, adopt, and periodically update a regional transportation plan that:
(a) Is based on a least cost planning methodology that
identifies the most cost-effective facilities, services, and programs;
(b) Identifies existing or planned transportation facilities, services, and programs, including but not limited to
major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation
demand management that should function as an integrated
regional transportation system, giving emphasis to those
facilities, services, and programs that exhibit one or more of
the following characteristics:
(i) Crosses member county lines;
(2008 Ed.)
Regional Transportation Planning Organizations
(ii) Is or will be used by a significant number of people
who live or work outside the county in which the facility, service, or project is located;
(iii) Significant impacts are expected to be felt in more
than one county;
(iv) Potentially adverse impacts of the facility, service,
program, or project can be better avoided or mitigated
through adherence to regional policies;
(v) Transportation needs addressed by a project have
been identified by the regional transportation planning process and the remedy is deemed to have regional significance;
and
(vi) Provides for system continuity;
(c) Establishes level of service standards for state highways and state ferry routes, with the exception of transportation facilities of statewide significance as defined in RCW
47.06.140. These regionally established level of service standards for state highways and state ferries shall be developed
jointly with the department of transportation, to encourage
consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people
and goods and the needs of local commuters using state facilities;
(d) Includes a financial plan demonstrating how the
regional transportation plan can be implemented, indicating
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance
needed facilities, services, and programs;
(e) Assesses regional development patterns, capital
investment and other measures necessary to:
(i) Ensure the preservation of the existing regional transportation system, including requirements for operational
improvements, resurfacing, restoration, and rehabilitation of
existing and future major roadways, as well as operations,
maintenance, modernization, and rehabilitation of existing
and future transit, railroad systems and corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the
mobility of people and goods;
(f) Sets forth a proposed regional transportation
approach, including capital investments, service improvements, programs, and transportation demand management
measures to guide the development of the integrated, multimodal regional transportation system. For regional growth
centers, the approach must address transportation concurrency strategies required under RCW 36.70A.070 and
include a measurement of vehicle level of service for offpeak periods and total multimodal capacity for peak periods;
and
(g) Where appropriate, sets forth the relationship of high
capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination
between, services and facilities.
(2) The organization shall review the regional transportation plan biennially for currency and forward the adopted
plan along with documentation of the biennial review to the
state department of transportation.
(2008 Ed.)
47.80.060
(3) All transportation projects, programs, and transportation demand management measures within the region that
have an impact upon regional facilities or services must be
consistent with the plan and with the adopted regional growth
and transportation strategies. [2005 c 328 § 2; 1998 c 171 §
9; 1994 c 158 § 4; 1990 1st ex.s. c 17 § 55.]
47.80.040 Transportation policy boards. Each
regional transportation planning organization shall create a
transportation policy board. Transportation policy boards
shall provide policy advice to the regional transportation
planning organization and shall allow representatives of
major employers within the region, the department of transportation, transit districts, port districts, and member cities,
towns, and counties within the region to participate in policy
making. Any members of the house of representatives or the
state senate whose districts are wholly or partly within the
boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization.
This does not preclude legislators from becoming full-time,
voting board members. [2003 c 351 § 1; 1990 1st ex.s. c 17
§ 56.]
47.80.040
47.80.050 Allocation of regional transportation planning funds. Biennial appropriations to the department of
transportation to carry out the regional transportation planning program shall set forth the amounts to be allocated as
follows:
(1) A base amount per county for each county within
each regional transportation planning organization, to be distributed to the lead planning agency;
(2) An amount to be distributed to each lead planning
agency on a per capita basis; and
(3) An amount to be administered by the department of
transportation as a discretionary grant program for special
regional planning projects, including grants to allow counties
which have significant transportation interests in common
with an adjoining region to also participate in that region’s
planning efforts. [1990 1st ex.s. c 17 § 57.]
47.80.050
47.80.060 Executive board membership. In order to
qualify for state planning funds available to regional transportation planning organizations, the regional transportation
planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, the four largest public port districts within the region as determined by
gross operating revenues, any incorporated principal city of a
metropolitan statistical area within the region, as designated
by the United States census bureau, and any incorporated city
within the region with a population in excess of eighty thousand. It shall further assure that at least fifty percent of the
county and city local elected officials who serve on the executive board also serve on transit agency boards or on a
regional transit authority. [2007 c 511 § 1; 2005 c 334 § 1;
1992 c 101 § 31.]
47.80.060
Section headings not part of law—Severability—Effective date—
1992 c 101: See RCW 81.112.900 through 81.112.902.
[Title 47 RCW—page 241]
47.80.070
Title 47 RCW: Public Highways and Transportation
47.80.070 Statewide consistency. In order to ensure
statewide consistency in the regional transportation planning
process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning
organizations, establish minimum standards for development
of a regional transportation plan;
(2) Facilitate coordination between regional transportation planning organizations; and
(3) Through the regional transportation planning process, and through state planning efforts as required by RCW
47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and
goods on a regional or statewide basis. [1994 c 158 § 5.]
47.80.070
47.80.080 Majority vote on state matters. When voting on matters solely affecting Washington state, a regional
transportation planning organization must obtain a majority
vote of the Washington residents serving as members of the
regional transportation planning organization before a matter
may be adopted. [2003 c 351 § 2.]
47.80.080
47.80.900 Severability—1990 1st ex.s. c 17.
RCW 36.70A.900.
47.80.900
See
47.80.901 Part, section headings not law—1990 1st
ex.s. c 17. See RCW 36.70A.901.
47.80.901
47.80.902 Captions not part of law—1994 c 158. Captions used in this act do not constitute any part of the law.
[1994 c 158 § 11.]
47.80.902
(3) Recognition, in the state’s long-range planning process, of potential higher speed intercity passenger rail service, while monitoring socioeconomic and technological
conditions as indicators for higher speed systems; and
(4) Identification of existing intercity rail rights-of-way
which may be used for public transportation corridors in the
future. [1990 c 43 § 36.]
47.82.020 Depot upgrading. The department shall,
when feasible, assist local jurisdictions in upgrading Amtrak
depots. Multimodal use of these facilities shall be encouraged. [1990 c 43 § 37.]
47.82.020
47.82.030 Service extension. (1) The department, in
conjunction with local jurisdictions, shall coordinate as
appropriate with designated metropolitan and provincial
transportation organizations to pursue resumption of Amtrak
service from Seattle to Vancouver, British Columbia, via
Everett, Mount Vernon, and Bellingham.
(2) The department, in conjunction with local jurisdictions, shall study potential Amtrak service on the following
routes:
(a) Daytime Spokane-Wenatchee-Everett-Seattle service;
(b) Daytime Spokane-Tri-Cities-Vancouver-Portland
service;
(c) Tri-Cities-Yakima-Ellensburg-Seattle service, if the
Stampede Pass route is reopened; and
(d) More frequent Portland-Vancouver-Kelso-CentraliaOlympia-Tacoma-Seattle service or increments thereof.
[1990 c 43 § 38.]
47.82.030
47.82.040 Coordination with other rail systems and
common carriers. The department, with other state and
local agencies shall coordinate as appropriate with designated
metropolitan planning organizations to provide public information with respect to common carrier passenger transportation. This information may include maps, routes, and schedules of passenger rail service, local transit agencies, air carrie r s , p r i v a t e g r o u n d tr a n s p o r t ati o n p r o v id e r s , a n d
international, state, and local ferry services.
The state shall continue its cooperative relationship with
Amtrak and Canadian passenger rail systems. [1990 c 43 §
39.]
47.82.040
47.80.903 Severability—1994 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 158 § 12.]
47.80.903
47.80.904 Effective date—1994 c 158. This act shall
take effect July 1, 1994. [1994 c 158 § 13.]
47.80.904
Chapter 47.82
Chapter 47.82 RCW
AMTRAK
Sections
47.82.010
47.82.020
47.82.030
47.82.040
47.82.900
47.82.900 Construction—Severability—Headings—
1990 c 43. See notes following RCW 81.100.010.
47.82.900
Service improvement program.
Depot upgrading.
Service extension.
Coordination with other rail systems and common carriers.
Construction—Severability—Headings—1990 c 43.
47.82.010 Service improvement program. The
department, in conjunction with local jurisdictions, shall
coordinate as appropriate with the designated metropolitan
planning organizations to develop a program for improving
Amtrak passenger rail service. The program may include:
(1) Determination of the appropriate level of Amtrak
passenger rail service;
(2) Implementation of higher train speeds for Amtrak
passenger rail service, where safety considerations permit;
47.82.010
[Title 47 RCW—page 242]
Chapter 47.98
Chapter 47.98 RCW
CONSTRUCTION
Sections
47.98.010
47.98.020
47.98.030
47.98.040
47.98.041
47.98.042
47.98.043
47.98.044
47.98.045
47.98.050
47.98.060
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 ex.s. c 3.
Severability—1965 ex.s. c 170.
Severability—1967 ex.s. c 145.
Severability—1967 c 108.
Severability—1969 ex.s. c 281.
Repeals and saving.
Emergency—1961 c 13.
(2008 Ed.)
Construction
47.98.070
47.98.080
47.98.090
Federal requirements.
Severability—1977 ex.s. c 151.
Liberal construction.
47.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. Nothing in
this 1961 reenactment of this title shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues
authorized by prior laws herein repealed and reenacted, and
the appropriations of moneys herein contained are continued
herein for historical purposes only and this act shall not be
construed as a reappropriation thereof and no appropriation
contained herein shall be deemed to be extended or revived
hereby and such appropriation shall lapse or shall have lapsed
in accordance with the original enactment: PROVIDED,
That this act shall not operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing
July 1, 1959 and ending June 30, 1961. [1961 c 13 §
47.98.010.]
47.98.010
47.98.020 Provisions to be construed in pari materia.
The provisions of this title shall be construed in pari materia
even though as a matter of prior legislative history they were
not originally enacted in the same statute. The provisions of
this title shall also be construed in pari materia with the provisions of Title 46 RCW, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively. [1961 c 13 § 47.98.020.]
47.98.020
47.98.090
47.98.043
47.98.043 Severability—1967 ex.s. c 145. If any provision of this 1967 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 145 § 73.]
47.98.044
47.98.044 Severability—1967 c 108. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 108 § 14.]
47.98.045
47.98.045 Severability—1969 ex.s. c 281. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 281 § 64.]
47.98.050
47.98.050 Repeals and saving.
47.98.050.
See 1961 c 13 §
47.98.060
47.98.060 Emergency—1961 c 13. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately: PROVIDED, That the effective date of sections *47.16.160,
47.20.110, and 47.20.380 shall be July 1, 1961. [1961 c 13 §
47.98.060.]
*Reviser’s note: RCW 47.16.160, 47.20.110, and 47.20.380 were
repealed by 1970 ex.s. c 51.
47.98.070
47.98.030 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1961 c 13 § 47.98.030.]
47.98.030
47.98.040 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1961 c 13 § 47.98.040.]
47.98.040
47.98.041 Severability—1963 ex.s. c 3. If any phrase,
clause, subsection or section of this act shall be declared
unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature
would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the
remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid. [1963 ex.s. c 3 §
57.]
47.98.070 Federal requirements. If any part of this
title or any section of this 1977 amendatory act is ruled to be
in conflict with federal requirements which are a prescribed
condition of the allocation of federal funds to the state, or to
any department or agencies thereof, such conflicting part or
section is declared to be inoperative solely to the extent of the
conflict. No such ruling shall affect the operation of the
remainder of the act. Any internal reorganization carried out
under the terms of this title or any section of this 1977 amendatory act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[1977 ex.s. c 151 § 76.]
47.98.041
47.98.042 Severability—1965 ex.s. c 170. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1965 ex.s. c 170 § 70.]
47.98.042
(2008 Ed.)
47.98.080
47.98.080 Severability—1977 ex.s. c 151. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 151 § 77.]
47.98.090
47.98.090 Liberal construction. The rule of strict construction shall have no application to this title, and it shall be
liberally construed in order to carry out the objectives for
which it is designed. Any ambiguities arising from its interpretation should be resolved consistently with the broad purposes set forth in *RCW 47.01.011. [1977 ex.s. c 151 § 78.]
*Reviser’s note: RCW 47.01.011 was decodified pursuant to 1985 c 6
§ 26.
[Title 47 RCW—page 243]
Title 48
Chapters
48.01
48.02
48.03
48.04
48.05
48.06
48.07
48.08
48.09
48.10
48.11
48.12
48.13
48.14
48.15
48.16
48.17
48.18
48.18A
48.19
48.20
48.21
48.21A
48.22
48.23
48.23A
48.24
48.25
48.25A
48.26
48.27
48.28
48.29
48.30
48.30A
48.31
48.31B
48.31C
48.32
48.32A
48.34
48.35
48.36A
48.37
48.38
48.41
48.42
48.43
48.44
48.45
(2008 Ed.)
Title 48
INSURANCE
Initial provisions.
Insurance commissioner.
Examinations.
Hearings and appeals.
Insurers—General requirements.
Organization of domestic insurers.
Domestic insurers—Powers.
Domestic stock insurers.
Mutual insurers.
Reciprocal insurers.
Insuring powers.
Assets and liabilities.
Investments.
Fees and taxes.
Unauthorized insurers.
Deposits of insurers.
Agents, brokers, solicitors, and adjusters.
The insurance contract.
Variable contract act.
Rates.
Disability insurance.
Group and blanket disability insurance.
Disability insurance—Extended health.
Casualty insurance.
Life insurance and annuities.
Life insurance policy illustrations.
Group life and annuities.
Industrial life insurance.
Life insurance—Profit-sharing, charter,
founders, and coupon policies.
Marine and transportation insurance
(Reserved).
Property insurance.
Surety insurance.
Title insurers.
Unfair practices and frauds.
Insurance fraud.
Mergers, rehabilitation, liquidation, supervision.
Insurer holding company act.
Holding company act for health care service
contractors and health maintenance organizations.
Washington insurance guaranty association
act.
Washington life and disability insurance guaranty association act.
Credit life insurance and credit accident and
health insurance.
Alien insurers.
Fraternal benefit societies.
Market conduct oversight.
Charitable gift annuity business.
Health insurance coverage access act.
Personal coverage, general authority.
Insurance reform.
Health care services.
Rural health care.
48.46
48.47
48.50
48.53
48.56
48.58
48.62
48.66
48.68
48.70
48.74
48.76
48.80
48.83
48.84
48.85
48.87
48.88
48.90
48.92
48.94
48.97
48.98
48.99
48.102
48.104
48.110
48.111
48.115
48.120
48.125
48.130
48.135
48.140
48.150
Health maintenance organizations.
Mandated health benefits.
Insurance fraud reporting immunity act.
Fire insurance—Arson fraud reduction.
Insurance premium finance company act.
Riot reinsurance reimbursement.
Local government insurance transactions.
Medicare supplemental health insurance act.
Health care savings account act.
Specified disease insurance act.
Standard valuation law.
Standard nonforfeiture law for life insurance.
Health care false claim act.
Long-term care insurance coverage—Standards.
Long-term care insurance act.
Washington long-term care partnership.
Midwives and birthing centers—Joint underwriting association.
Day care services—Joint underwriting association.
Child day care centers—Self-insurance.
Liability risk retention.
Reinsurance intermediary act.
Broker-controlled property and casualty
insurer act.
Managing general agents act.
Uniform insurers liquidation act.
Viatical settlements.
Holocaust victims insurance relief act.
Service contracts and protection product guarantees.
Home heating fuel service contracts.
Rental car insurance.
Specialty producer licenses—Communications
equipment or services.
Self-funded multiple employer welfare
arrangements.
Interstate insurance product regulation compact.
Insurance fraud program.
Medical malpractice closed claim reporting.
Direct patient-provider primary health care.
Administrative procedure act: Chapter 34.05 RCW.
Agents
exemption from unemployment compensation: RCW 50.04.230.
savings banks as: RCW 32.08.140, 32.08.160.
state banks as: RCW 30.08.140.
Children, expectant mothers, individuals with developmental disabilities,
fire protection for agencies providing for, duties of chief of the Washington state patrol: RCW 74.15.050.
Community renewal: Chapter 35.81 RCW.
Consumer protection act: RCW 19.86.170.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Employee benefit plans
payment as discharge: RCW 49.64.030.
when private utility acquired: RCW 54.04.130.
[Title 48 RCW—page 1]
Chapter 48.01
Title 48 RCW: Insurance
False arrest insurance for city and county law enforcement personnel: RCW
35.23.460, 36.16.130.
False fire alarms, crime: RCW 9.40.100.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Financial responsibility law: Chapter 46.29 RCW.
Fire protection district personnel—Group life insurance: RCW 52.12.031.
Fireworks: Chapter 70.77 RCW.
Funeral service contracts: RCW 18.39.240 through 18.39.360.
General agents, fire, casualty, business and occupation tax: RCW
82.04.280.
Group insurance for public employees
counties: RCW 36.32.400.
fire protection districts: RCW 52.12.031.
irrigation districts: RCW 87.03.160.
port districts: RCW 53.08.170.
public employees generally: Chapter 41.04 RCW.
public utility districts: RCW 54.04.050.
schools and colleges: RCW 28A.400.350, 28B.10.660.
state employees: Chapter 41.04 RCW.
Washington state patrol: RCW 48.24.090.
Insurance proceeds on lost, stolen, or destroyed property, exempt from execution: RCW 6.15.030.
Liability insurance for officials and employees
cities: RCW 35.21.205.
fire districts: RCW 52.12.071.
irrigation districts: RCW 87.03.162.
port districts: RCW 53.08.205.
public utility districts: RCW 54.16.095.
school districts: RCW 28A.400.360.
towns: RCW 35.21.205.
water-sewer districts: RCW 57.08.105.
Chapter 48.01
Chapter 48.01 RCW
INITIAL PROVISIONS
Sections
48.01.010
48.01.020
48.01.030
48.01.035
48.01.040
48.01.050
48.01.053
48.01.060
48.01.070
48.01.080
48.01.090
48.01.100
48.01.110
48.01.120
48.01.130
48.01.140
48.01.150
48.01.160
48.01.170
48.01.180
48.01.190
48.01.220
48.01.230
48.01.235
48.01.250
48.01.260
48.01.270
48.01.280
Short title.
Scope of code.
Public interest.
"Developmental disability" defined.
"Insurance" defined.
"Insurer" defined.
"Issuer" defined.
"Insurance transaction" defined.
"Person" defined.
Penalties.
Severability—1947 c 79.
Existing officers.
Existing licenses.
Existing insurance forms.
Existing actions, violations.
Headings.
Particular provisions prevail.
Repealed acts not revived.
Effective date—1947 c 79.
Adopted children—Insurance coverage.
Immunity from civil liability.
Mental health regional support networks—Limited exemption.
Eligibility for coverage or making payments may not be contingent on eligibility for medical assistance.
Enrollment of a child under the health plan of the child’s parent—Requirements—Restrictions.
Assistance or services in exchange for dues, assessments, or
periodic or lump-sum payments—Certificate of authority
required—Certain travel or automobile services excepted—
Violations.
Health benefit plans—Carriers—Clarification.
PACE programs—Exemption.
Private air ambulance service—Exempt when conditions are
met.
48.01.010 Short title. Title 48 RCW constitutes the
insurance code. [1975 1st ex.s. c 266 § 2; 1947 c 79 § .01.01;
Rem. Supp. 1947 § 45.01.01.]
48.01.010
Lien of employees for contribution to benefit plans: Chapter 60.76 RCW.
Malpractice insurance for retired physicians providing health care services:
RCW 43.70.460.
Master license system exemption: RCW 19.02.800.
Motor vehicles, financial responsibility: Chapter 46.29 RCW.
Nonadmitted foreign corporations—Powers relative to secured interests:
Chapter 23B.18 RCW.
Officers, employees, etc.
of institutions of higher education and educational boards, insurance to
protect and hold personally harmless: RCW 28B.10.840, 28B.10.844.
of school districts or educational service districts, insurance to protect
and hold personally harmless: RCW 28A.320.060.
Parents—Children
actions by parents for death or injury to child: RCW 4.24.010.
liability of parents for malicious destruction of property by child: RCW
4.24.190.
Pesticide applicators—Surety bond, liability insurance: Chapter 17.21
RCW.
Principal and income act of 2002: Chapter 11.104A RCW.
Schools and colleges, employee insurance programs: RCW 28A.400.350,
28B.10.660.
Sureties—Release of, from liability upon bonds: RCW 19.72.109, 19.72.110,
19.72.130.
Taxation
business and occupation tax
fraternal benefit society exemption: RCW 82.04.370.
insurance exemption: RCW 82.04.320.
personal property tax—Insurer liable for where insured premises
destroyed by fire: RCW 84.56.220.
Trusts for employee benefits, duration: Chapter 49.64 RCW.
Washington principal and income act of 2002: Chapter 11.104A RCW.
[Title 48 RCW—page 2]
Severability—1975 1st ex.s. c 266: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 266 § 21.]
48.01.020 Scope of code. All insurance and insurance
transactions in this state, or affecting subjects located wholly
or in part or to be performed within this state, and all persons
having to do therewith are governed by this code. [1947 c 79
§ .01.02; Rem. Supp. 1947 § 45.01.02.]
48.01.020
48.01.030 Public interest. The business of insurance is
one affected by the public interest, requiring that all persons
be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the
insurer, the insured, their providers, and their representatives
rests the duty of preserving inviolate the integrity of insurance. [1995 c 285 § 16; 1947 c 79 § .01.03; Rem. Supp. 1947
§ 45.01.03.]
48.01.030
Effective date—1995 c 285: See RCW 48.30A.900.
48.01.035 "Developmental disability" defined. The
term "developmental disability" as used in this title means a
disability attributable to mental retardation, cerebral palsy,
epilepsy, autism, or another neurological condition closely
related to mental retardation or to require treatment similar to
that required for mentally retarded individuals, which disability originates before such individual attains age eighteen,
48.01.035
(2008 Ed.)
Initial Provisions
which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such
individual. [1985 c 264 § 1.]
48.01.040 "Insurance" defined. Insurance is a contract whereby one undertakes to indemnify another or pay a
specified amount upon determinable contingencies. [1947 c
79 § .01.04; Rem. Supp. 1947 § 45.01.04.]
48.01.040
48.01.050 "Insurer" defined. "Insurer" as used in this
code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society. A reciprocal or interinsurance exchange is an "insurer"
as used in this code. Two or more hospitals that join and
organize as a mutual corporation pursuant to chapter 24.06
RCW for the purpose of insuring or self-insuring against liability claims, including medical liability, through a contributing trust fund are not an "insurer" under this code. Two or
more local governmental entities, under any provision of law,
that join together and organize to form an organization for the
purpose of jointly self-insuring or self-funding are not an
"insurer" under this code. Two or more persons engaged in
the business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay
claims or losses arising out of loss or damage to a vessel or
machinery used in the business of commercial fishing and
owned by a member of the pool are not an "insurer" under
this code. [2003 c 248 § 1; 1990 c 130 § 1; 1985 c 277 § 9;
1979 ex.s. c 256 § 13; 1975-’76 2nd ex.s. c 13 § 1; 1947 c 79
§ .01.05; Rem. Supp. 1947 § 45.01.05.]
48.01.050
Retrospective application—1985 c 277: "This act applies retrospectively to group self-funded plans formed on or after January 1, 1983." [1985
c 277 § 10.]
"Domestic," "foreign," "alien" insurers defined: RCW 48.05.010.
Merger, rehabilitation, liquidation situations—"Insurer" defined: RCW
48.31.020, 48.99.010.
"Reciprocal insurance, insurer" defined: RCW 48.10.010, 48.10.020.
48.01.160
48.01.080 Penalties. Except as otherwise provided in
this code, any person violating any provision of this code is
guilty of a gross misdemeanor and will, upon conviction, be
fined not less than ten dollars nor more than one thousand
dollars, or imprisoned for not more than one year, or both, in
addition to any other penalty or forfeiture provided herein or
otherwise by law. [2003 c 250 § 1; 1947 c 79 § .01.08; Rem.
Supp. 1947 § 45.01.08.]
48.01.080
Severability—2003 c 250: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 250 § 15.]
48.01.090 Severability—1947 c 79. If any provision of
this code or the application thereof to any circumstance is
held invalid, the remainder of the code, or the application of
the provision to other circumstances, is not affected thereby.
[1947 c 79 § .01.09; Rem. Supp. 1947 § 45.01.09.]
48.01.090
48.01.100 Existing officers. Continuation by this code
of any office existing under any act repealed herein preserves
the tenure of the individual holding the office at the effective
date of this code. [1947 c 79 § .01.10; Rem. Supp. 1947 §
45.01.10.]
48.01.100
48.01.110 Existing licenses. Every license or certificate of authority in force immediately prior to the effective
date of this code and existing under any act herein repealed is
valid until its original expiration date, unless earlier terminated in accordance with this code. [1947 c 79 § .01.11;
Rem. Supp. 1947 § 45.01.11.]
48.01.110
48.01.120 Existing insurance forms. Every form of
insurance document in use at the effective date of this code in
accordance with the commissioner’s approval pursuant to
any act herein repealed, may continue to be so used unless the
commissioner otherwise prescribes in accordance with this
code. [1947 c 79 § .01.12; Rem. Supp. 1947 § 45.01.12.]
48.01.120
48.01.130 Existing actions, violations. No action or
proceeding commenced, and no violation of law existing,
under any act herein repealed is affected by the repeal, but all
procedure hereafter taken in reference thereto shall conform
to this code as far as possible. [1947 c 79 § .01.13; Rem.
Supp. 1947 § 45.01.13.]
48.01.130
48.01.053 "Issuer" defined. "Issuer" as used in this
title and chapter 26.18 RCW means insurer, fraternal benefit
society, certified health plan, health maintenance organization, and health care service contractor. [1995 c 34 § 1.]
48.01.053
48.01.060 "Insurance transaction" defined. "Insurance transaction" includes any:
(1) Solicitation.
(2) Negotiations preliminary to execution.
(3) Execution of an insurance contract.
(4) Transaction of matters subsequent to execution of the
contract and arising out of it.
(5) Insuring. [1947 c 79 § .01.06; Rem. Supp. 1947 §
45.01.06.]
48.01.060
48.01.070 "Person" defined. "Person" means any individual, company, insurer, association, organization, reciprocal or interinsurance exchange, partnership, business trust, or
corporation. [1947 c 79 § .01.07; Rem. Supp. 1947 §
45.01.07.]
48.01.140 Headings. The meaning or scope of any provision is not affected by chapter, section, or paragraph headings. [1947 c 79 § .01.14; Rem. Supp. 1947 § 45.01.14.]
48.01.140
48.01.150 Particular provisions prevail. Provisions of
this code relating to a particular kind of insurance or a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or insurers in general
or to such matter in general. [1947 c 79 § .01.15; Rem. Supp.
1947 § 45.01.15.]
48.01.150
48.01.070
(2008 Ed.)
48.01.160 Repealed acts not revived. Repeal by this
code of any act shall not revive any law heretofore repealed
or superseded. [1947 c 79 § .01.16; Rem. Supp. 1947 §
45.01.16.]
48.01.160
[Title 48 RCW—page 3]
48.01.170
Title 48 RCW: Insurance
48.01.170 Effective date—1947 c 79. This code shall
become effective on the first day of October, 1947. [1947 c
79 § .01.17; Rem. Supp. 1947 § 45.01.17.]
48.01.170
48.01.180 Adopted children—Insurance coverage.
(1) A child of an insured, subscriber, or enrollee shall be considered a dependent child for insurance purposes under this
title upon assumption by the insured, subscriber, or enrollee
of a legal obligation for total or partial support of a child in
anticipation of adoption of the child. Upon the termination of
such legal obligations, the child shall not be considered a
dependent child for insurance purposes.
(2) Every policy or contract providing coverage for
health benefits to a resident of this state shall provide coverage for dependent children placed for adoption under the
same terms and conditions as apply to the natural, dependent
children of the insured, subscriber, or enrollee whether or not
the adoption has become final.
(3) No policy or contract may restrict coverage of any
dependent child adopted by, or placed for adoption with, an
insured, subscriber, or enrollee solely on the basis of a preexisting condition of the child at the time that the child would
otherwise become eligible for coverage under the plan if the
adoption or placement for adoption occurs while the insured,
subscriber, or enrollee is eligible for coverage under the plan.
[1995 c 34 § 4; 1986 c 140 § 1.]
48.01.180
Effective date, application—1986 c 140: "This act shall take effect
January 1, 1987, and shall apply to all contracts or agreements issued,
renewed, or delivered on or after January 1, 1987." [1986 c 140 § 6.]
Severability—1986 c 140: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 140 § 7.]
shall be immune from each and every kind of liability in any
civil action or suit arising in whole or in part from the information or from the furnishing of the information.
(4) The immunity granted by this section is in addition to
any common law or statutory privilege or immunity enjoyed
by such person, and nothing in this section is intended to
abrogate or modify in any way such common law or statutory
privilege or immunity. [1995 c 10 § 1; 1987 c 51 § 1.]
48.01.220 Mental health regional support networks—Limited exemption. The activities and operations
of mental health regional support networks, to the extent they
pertain to the operation of a medical assistance managed care
system in accordance with chapters 71.24 and 74.09 RCW,
are exempt from the requirements of this title. [1993 c 462 §
104.]
48.01.220
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.01.230 Eligibility for coverage or making payments may not be contingent on eligibility for medical
assistance. An issuer and an employee welfare benefit plan,
whether insured or self funded, as defined in the employee
retirement income security act of 1974, 29 U.S.C. Sec. 1101
et seq. may not consider the availability of eligibility for
medical assistance in this state under medical assistance,
RCW 74.09.500, or any other state under 42 U.S.C. Sec.
1396a, section 1902 of the social security act, in considering
eligibility for coverage or making payments under its plan for
eligible enrollees, subscribers, policyholders, or certificate
holders. [1995 c 34 § 2.]
48.01.230
48.01.235 Enrollment of a child under the health
plan of the child’s parent—Requirements—Restrictions.
(1) An issuer and an employee welfare benefit plan, whether
insured or self funded, as defined in the employee retirement
income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may
not deny enrollment of a child under the health plan of the
child’s parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the parent’s federal tax return; or
(c) The child does not reside with the parent or in the
issuer’s, or insured or self funded employee welfare benefit
plan’s service area.
(2) Where a child has health coverage through an issuer,
or an insured or self funded employee welfare benefit plan of
a noncustodial parent, the issuer, or insured or self funded
employee welfare benefit plan, shall:
(a) Provide such information to the custodial parent as
may be necessary for the child to obtain benefits through that
coverage;
(b) Permit the provider or the custodial parent to submit
claims for covered services without the approval of the noncustodial parent. If the provider submits the claim, the provider will obtain the custodial parent’s assignment of insurance benefits or otherwise secure the custodial parent’s
approval.
For purposes of this subsection the department of social
and health services as the state medicaid agency under RCW
48.01.235
48.01.190 Immunity from civil liability. (1) Any person who files reports, or furnishes other information, required
under Title 48 RCW, required by the commissioner under
authority granted by Title 48 RCW, useful to the commissioner in the administration of Title 48 RCW, or furnished to
the National Association of Insurance Commissioners at the
request of the commissioner or pursuant to Title 48 RCW,
shall be immune from liability in any civil action or suit arising from the filing of any such report or furnishing such
information to the commissioner or the National Association
of Insurance Commissioners, unless actual malice, fraud, or
bad faith is shown.
(2) The commissioner and the National Association of
Insurance Commissioners, and the agents and employees of
each, are immune from liability in any civil action or suit arising from the publication of any report or bulletin or dissemination of information related to the official activities of the
commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.
(3) Any licensee under chapter 48.17 RCW and any trade
association of the licensees under chapter 48.15 RCW, and
any officer, director, employee, agent, or committee of the
licensee or association who furnishes information to or for
the commissioner or to or for the association regarding unauthorized insurers or regarding attempts by any person to place
or actual placement by any person of business with the insurers, whether in compliance with chapter 48.15 RCW or not,
48.01.190
[Title 48 RCW—page 4]
(2008 Ed.)
Initial Provisions
74.09.500 may reassign medical insurance rights to the provider for custodial parents whose children are eligible for services under RCW 74.09.500; and
(c) Make payments on claims submitted in accordance
with (b) of this subsection directly to the custodial parent, to
the provider, or to the department of social and health services as the state medicaid agency under RCW 74.09.500.
(3) Where a child does not reside in the issuer’s service
area, an issuer shall cover no less than urgent and emergent
care. Where the issuer offers broader coverage, whether by
policy or reciprocal agreement, the issuer shall provide such
coverage to any child otherwise covered that does not reside
in the issuer’s service area.
(4) Where a parent is required by a court order to provide
health coverage for a child, and the parent is eligible for family health coverage, the issuer, or insured or self funded
employee welfare benefit plan, shall:
(a) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(b) Enroll the child under family coverage upon application of the child’s other parent, department of social and
health services as the state medicaid agency under RCW
74.09.500, or child support enforcement program, if the parent is enrolled but fails to make application to obtain coverage for such child; and
(c) Not disenroll, or eliminate coverage of, such child
who is otherwise eligible for the coverage unless the issuer or
insured or self funded employee welfare benefit plan is provided satisfactory written evidence that:
(i) The court order is no longer in effect; or
(ii) The child is or will be enrolled in comparable health
coverage through another issuer, or insured or self funded
employee welfare benefit plan, which will take effect not
later than the effective date of disenrollment.
(5) An issuer, or insured or self funded employee welfare
benefit plan, that has been assigned the rights of an individual
eligible for medical assistance under medicaid and coverage
for health benefits from the issuer, or insured or self funded
employee welfare benefit plan, may not impose requirements
on the department of social and health services that are different from requirements applicable to an agent or assignee of
any other individual so covered. [2003 c 248 § 2; 1995 c 34
§ 3.]
48.01.250 Assistance or services in exchange for
dues, assessments, or periodic or lump-sum payments—
Certificate of authority required—Certain travel or automobile services excepted—Violations. (1) Any person,
firm, partnership, corporation, or association promising, in
exchange for dues, assessments, or periodic or lump-sum
payments, to furnish members or subscribers with assistance
in matters relating to trip cancellation, bail bond service or
any accident, sickness, or death insurance benefit program
must:
(a) Have a certificate of authority, issued by the insurance commissioner, authorizing the person, firm, partnership,
corporation, or association to sell that coverage in this state;
or
(b) Purchase the service or insurance from a company
that holds a certificate of authority, issued by the insurance
48.01.250
(2008 Ed.)
48.01.280
commissioner, authorizing the company to sell that coverage
in this state. If coverage cannot be procured from an authorized insurer holding a certificate of authority issued by the
insurance commissioner, insurance may be procured from an
unauthorized insurer subject to chapter 48.15 RCW.
(2) Travel or automobile related products or assistance
including but not limited to community traffic safety service,
travel and touring service, theft or reward service, map service, towing service, emergency road service, lockout or lost
key service, reimbursement of emergency expenses due to a
vehicle disabling accident, or legal fee reimbursement service in the defense of traffic offenses shall not be considered
to be insurance for the purposes of Title 48 RCW.
(3) Violation of this section is subject to the enforcement
provisions of RCW 48.02.080 and to the hearing and appeal
provisions of chapter 48.04 RCW. [1998 c 303 § 1.]
48.01.260 Health benefit plans—Carriers—Clarification. (1) Except as required in RCW 48.21.045, 48.44.023,
and 48.46.066, nothing in this title shall be construed to
require a carrier, as defined in RCW 48.43.005, to offer any
health benefit plan for sale.
(2) Nothing in this title shall prohibit a carrier as defined
in RCW 48.43.005 from ceasing sale of any or all health benefit plans to new applicants if the closed plans are closed to
all new applicants.
(3) This section is intended to clarify, and not modify,
existing law. [2000 c 79 § 40.]
48.01.260
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.01.270 PACE programs—Exemption. The activities and operations of PACE programs, as defined in RCW
74.09.523 and as authorized under sections 1894, 1905(a),
and 1934 of the social security act, when registered, certified,
licensed, or otherwise recognized or designated as a PACE
program by the Washington state department of social and
health services, are exempt from the requirements of this
title. [2001 c 191 § 3.]
48.01.270
Finding—Effective date—2001 c 191: See notes following RCW
74.09.523.
48.01.280 Private air ambulance service—Exempt
when conditions are met. A private air ambulance service
that solicits membership subscriptions, accepts membership
applications, charges membership fees, and provides air
ambulance services, to subscription members and designated
members of their household is not an insurer under RCW
48.01.050, a health carrier under chapter 48.43 RCW, a
health care services contractor under chapter 48.44 RCW, or
a health maintenance organization under chapter 48.46 RCW
if the private air ambulance service:
(1) Is licensed in accordance with RCW 18.73.130;
(2) Attains and maintains accreditation by the commission on accreditation of medical transport services or another
accrediting organization approved by the department of
health as having equivalent requirements as the commission
for aeromedical transport;
(3) Has been in operation in Washington for at least two
years; and
48.01.280
[Title 48 RCW—page 5]
Chapter 48.02
Title 48 RCW: Insurance
(4) Has submitted evidence of its compliance with this
section, the licensing requirements of RCW 18.73.130, and
accreditation from the commission or another accrediting
organization approved by the department of health as having
equivalent requirements as the commission for aeromedical
transport to the commissioner. [2006 c 61 § 1.]
48.02.050 Seal. The official seal of the commissioner
shall be a vignette of George Washington, with the words
"Insurance Commissioner, State of Washington" surrounding
the vignette. [1947 c 79 § .02.05; Rem. Supp. 1947 §
45.02.05.]
48.02.050
48.02.060 General powers and duties. (1) The commissioner shall have the authority expressly conferred upon
him by or reasonably implied from the provisions of this
code.
(2) The commissioner shall execute his duties and shall
enforce the provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules and regulations for effectuating any provision of this code, except those relating to his
election, qualifications, or compensation. No such rules and
regulations shall be effective prior to their being filed for
public inspection in the commissioner’s office.
(b) Conduct investigations to determine whether any
person has violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in
addition to those specifically provided for, useful and proper
for the efficient administration of any provision of this code.
[1947 c 79 § .02.06; Rem. Supp. 1947 § 45.02.06.]
48.02.060
Chapter 48.02
Chapter 48.02 RCW
INSURANCE COMMISSIONER
Sections
48.02.010
48.02.020
48.02.030
48.02.050
48.02.060
48.02.062
48.02.065
48.02.080
48.02.090
48.02.100
48.02.110
48.02.120
48.02.122
48.02.130
48.02.140
48.02.150
48.02.160
48.02.170
48.02.180
48.02.190
Insurance commissioner.
Term of office.
Bond.
Seal.
General powers and duties.
Mental health services—Rules.
Confidentiality of documents, materials, or other information—Public disclosure.
Enforcement.
Deputies—Employees.
Commissioner may delegate authority.
Office.
Records.
Filings or actions affecting corporate or company name—
Notice to secretary of state.
Certificates—Copies—Evidentiary effect.
Interstate cooperation.
Supplies—"Convention blanks."
Special duties.
Annual report.
Publication of insurance code and related statutes, manuals,
etc.—Distribution—Sale.
Operating costs of office—Insurance commissioner’s regulatory account—Regulatory surcharge.
Commissioner to prepare annuity tables for calculation of reserve fund in
cases of death or permanent disability under workers’ compensation:
RCW 51.44.070.
48.02.062 Mental health services—Rules. The insurance commissioner may adopt rules to implement RCW
48.21.241, 48.44.341, and 48.46.291, except that the rules do
not apply to health benefit plans administered or operated
under chapter 41.05 or 70.47 RCW. [2005 c 6 § 10.]
48.02.062
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
48.02.065 Confidentiality of documents, materials, or
other information—Public disclosure. (1) Documents,
materials, or other information as described in either subsection (5) or (6), or both, of this section are confidential by law
and privileged, are not subject to public disclosure under
chapter 42.56 RCW, and are not subject to subpoena directed
to the commissioner or any person who received documents,
materials, or other information while acting under the authority of the commissioner. The commissioner is authorized to
use such documents, materials, or other information in the
furtherance of any regulatory or legal action brought as a part
of the commissioner’s official duties. The confidentiality and
privilege created by this section and *RCW 42.56.400(9)
applies only to the commissioner, any person acting under the
authority of the commissioner, the national association of
insurance commissioners and its affiliates and subsidiaries,
regulatory and law enforcement officials of other states and
nations, the federal government, and international authorities.
(2) Neither the commissioner nor any person who
received documents, materials, or other information while
acting under the authority of the commissioner is permitted
or required to testify in any private civil action concerning
any confidential and privileged documents, materials, or
information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents,
materials, or information subject to subsection (1) of this sec48.02.065
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Salary of insurance commissioner: RCW 43.03.010.
48.02.010 Insurance commissioner. (1) There shall be
an insurance commissioner of this state who shall be elected
at the time and in the manner that other state officers are
elected.
(2) The commissioner in office at the effective date of
this code shall continue in office for the remainder of the term
for which he was elected and until his successor is duly
elected and qualified.
(3) "Commissioner," where used in this code, means the
insurance commissioner of this state. [1947 c 79 § .02.01;
Rem. Supp. 1947 § 45.02.01.]
48.02.010
48.02.020 Term of office. The term of office of the
commissioner shall be four years, commencing on the
Wednesday after the second Monday in January after his
election. [1947 c 79 § .02.02; Rem. Supp. 1947 § 45.02.02.]
48.02.020
48.02.030 Bond. Before entering upon his duties the
commissioner shall execute a bond to the state in the sum of
twenty-five thousand dollars, to be approved by the state treasurer and the attorney general, conditioned upon the faithful
performance of the duties of his office. [1947 c 79 § .02.03;
Rem. Supp. 1947 § 45.02.03.]
48.02.030
[Title 48 RCW—page 6]
(2008 Ed.)
Insurance Commissioner
tion, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory
and law enforcement officials of other states and nations, the
federal government, and international authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(b) May receive documents, materials, or information,
including otherwise either confidential or privileged, or both,
documents, materials, or information, from (i) the national
association of insurance commissioners and its affiliates and
subsidiaries, and (ii) regulatory and law enforcement officials
of other states and nations, the federal government, and international authorities and shall maintain as confidential and
privileged any document, material, or information received
that is either confidential or privileged, or both, under the
laws of the jurisdiction that is the source of the document,
material, or information; and
(c) May enter into agreements governing the sharing and
use of information consistent with this subsection.
(4) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may
occur as a result of disclosure to the commissioner under this
section or as a result of sharing as authorized in subsection
(3) of this section.
(5) Documents, materials, or information, which is either
confidential or privileged, or both, which has been provided
to the commissioner by (a) the national association of insurance commissioners and its affiliates and subsidiaries, (b)
regulatory or law enforcement officials of other states and
nations, the federal government, or international authorities,
or (c) agencies of this state, is confidential and privileged
only if the documents, materials, or information is protected
from disclosure by the applicable laws of the jurisdiction that
is the source of the document, material, or information.
(6) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner or any other person in the course of a financial or market conduct examination, or in the course of financial analysis or market conduct desk audit, are not required to be
disclosed by the commissioner unless cited by the commissioner in connection with an agency action as defined in
RCW 34.05.010(3). The commissioner shall notify a party
that produced the documents, materials, or information five
business days before disclosure in connection with an agency
action. The notified party may seek injunctive relief in any
Washington state superior court to prevent disclosure of any
documents, materials, or information it believes is confidential or privileged. In civil actions between private parties or
in criminal actions, disclosure to the commissioner under this
section does not create any privilege or claim of confidentiality or waive any existing privilege or claim of confidentiality.
(7)(a) After receipt of a public disclosure request, the
commissioner shall disclose the documents, materials, or
information under subsection (6) of this section that relate to
a financial or market conduct examination undertaken as a
result of a proposed change of control of a nonprofit or
mutual health insurer governed in whole or in part by chapter
48.31B or 48.31C RCW.
(b) The commissioner is not required to disclose the documents, materials, or information in (a) of this subsection if:
(2008 Ed.)
48.02.090
(i) The documents, materials, or information are otherwise privileged or exempted from public disclosure; or
(ii) The commissioner finds that the public interest in
disclosure of the documents, materials, or information is outweighed by the public interest in nondisclosure in that particular instance.
(8) Any person may petition a Washington state superior
court to allow inspection of information exempt from public
disclosure under subsection (6) of this section when the information is connected to allegations of negligence or malfeasance by the commissioner related to a financial or market
conduct examination. The court shall conduct an in-camera
review after notifying the commissioner and every party that
produced the information. The court may order the commissioner to allow the petitioner to have access to the information provided the petitioner maintains the confidentiality of
the information. The petitioner must not disclose the information to any other person, except upon further order of the
court. After conducting a regular hearing, the court may
order that the information can be disclosed publicly if the
court finds that there is a public interest in the disclosure of
the information and the exemption of the information from
public disclosure is clearly unnecessary to protect any individual’s right of privacy or any vital governmental function.
[2007 c 126 § 1. Prior: 2005 c 274 § 309; 2005 c 126 § 1;
2001 c 57 § 1.]
*Reviser’s note: RCW 42.56.400 was amended by 2007 c 197 § 7,
changing subsection (9) to subsection (8).
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.02.080 Enforcement. (1) The commissioner may
prosecute an action in any court of competent jurisdiction to
enforce any order made by him pursuant to any provision of
this code.
(2) If the commissioner has cause to believe that any person has violated any penal provision of this code or of other
laws relating to insurance he shall certify the facts of the violation to the public prosecutor of the jurisdiction in which the
offense was committed.
(3) If the commissioner has cause to believe that any person is violating or is about to violate any provision of this
code or any regulation or order of the commissioner, he may:
(a) issue a cease and desist order; and/or
(b) bring an action in any court of competent jurisdiction
to enjoin the person from continuing the violation or doing
any action in furtherance thereof.
(4) The attorney general and the several prosecuting
attorneys throughout the state shall prosecute or defend all
proceedings brought pursuant to the provisions of this code
when requested by the commissioner. [1967 c 150 § 1; 1947
c 79 § .02.08; Rem. Supp. 1947 § 45.02.08.]
48.02.080
48.02.090 Deputies—Employees. (1) The commissioner may appoint a chief deputy commissioner, who shall
have power to perform any act or duty conferred upon the
commissioner. The chief deputy commissioner shall take and
subscribe the same oath of office as the commissioner, which
oath shall be endorsed upon the certificate of his appointment
and filed in the office of the secretary of state.
48.02.090
[Title 48 RCW—page 7]
48.02.100
Title 48 RCW: Insurance
(2) The commissioner may appoint additional deputy
commissioners for such purposes as he may designate.
(3) The commissioner shall be responsible for the official acts of his deputies, and may revoke at will the appointment of any deputy.
(4) The commissioner may employ examiners, and such
actuarial, technical, and administrative assistants and clerks
as he may need for proper discharge of his duties.
(5) The commissioner, or any deputy or employee of the
commissioner, shall not be interested, directly or indirectly,
in any insurer except as a policyholder; except, that as to such
matters wherein a conflict of interests does not exist on the
part of any such person, the commissioner may employ insurance actuaries or other technicians who are independently
practicing their professions even though such persons are
similarly employed by insurers.
(6) The commissioner may require any deputy or
employee to be bonded as he shall deem proper but not to
exceed in amount the sum of twenty-five thousand dollars.
The cost of any such bond shall be borne by the state. [1949
c 190 § 1; 1947 c 79 § .02.09; Rem. Supp. 1949 § 45.02.09.]
48.02.100 Commissioner may delegate authority.
Any power or duty vested in the commissioner by any provision of this code may be exercised or discharged by any deputy, assistant, examiner, or employee of the commissioner
acting in his name and by his authority. [1947 c 79 § .02.10;
Rem. Supp. 1947 § 45.02.10.]
48.02.100
48.02.110 Office. The commissioner shall have an
office at the state capital, and may maintain such offices elsewhere in this state as he may deem necessary. [1947 c 79 §
.02.11; Rem. Supp. 1947 § 45.02.11.]
48.02.110
48.02.120 Records. (1) The commissioner shall preserve in permanent form records of his or her proceedings,
hearings, investigations, and examinations, and shall file
such records in his or her office.
(2) The records of the commissioner and insurance filings in his or her office shall be open to public inspection,
except as otherwise provided by this code.
(3) Actuarial formulas, statistics, and assumptions submitted in support of a rate or form filing by an insurer, health
care service contractor, or health maintenance organization
or submitted to the commissioner upon his or her request
shall be withheld from public inspection in order to preserve
trade secrets or prevent unfair competition. [1985 c 264 § 2;
1979 ex.s. c 130 § 1; 1947 c 79 § .02.12; Rem. Supp. 1947 §
45.02.12.]
48.02.120
48.02.122 Filings or actions affecting corporate or
company name—Notice to secretary of state. Whenever
any documents are filed with the insurance commissioner
which affect a corporate or company name, the insurance
commissioner shall immediately notify the secretary of state
of the filing. If any other action is taken by the insurance
commissioner which affects a corporate or company name,
the insurance commissioner shall immediately notify the secretary of state of the action. The insurance commissioner
shall cooperate with the secretary of state to ascertain that
48.02.122
[Title 48 RCW—page 8]
there is no duplication of corporate or company names.
[1998 c 23 § 19.]
48.02.130 Certificates—Copies—Evidentiary effect.
(1) Any certificate or license issued by the commissioner
shall bear the seal of his office.
(2) Copies of records or documents in his office certified
to by the commissioner shall be received as evidence in all
courts in the same manner and to the same effect as if they
were the originals.
(3) When required for evidence in court, the commissioner shall furnish his certificate as to the authority of an
insurer or other licensee in this state on any particular date,
and the court shall receive the certificate in lieu of the commissioner’s testimony. [1947 c 79 § .02.13; Rem. Supp. 1947
§ 45.02.13.]
48.02.130
48.02.140 Interstate cooperation. (1) The commissioner shall to the extent he deems useful for the proper discharge of his responsibilities under the provisions of this
code:
(a) Consult and cooperate with the public officials having supervision over insurance in other states.
(b) Share jointly with other states in the employment of
actuaries, statisticians, and other insurance technicians whose
services or the products thereof are made available and are
useful to the participating states and to the commissioner.
(c) Share jointly with other states in establishing and
maintaining offices and clerical facilities for purposes useful
to the participating states and to the commissioner.
(2) All arrangements made jointly with other states under
items (b) and (c) of subsection (1) of this section shall be in
writing executed on behalf of this state by the commissioner.
Any such arrangement, as to participation of this state
therein, shall be subject to termination by the commissioner
at any time upon reasonable notice.
(3) For the purposes of this code "National Association
of Insurance Commissioners" means that voluntary organization of the public officials having supervision of insurance in
the respective states, districts, and territories of the United
States, whatever other name such organization may hereafter
adopt, and in the affairs of which each of such public officials
is entitled to participate subject to the constitution and bylaws
of such organization. [1947 c 79 § .02.14; Rem. Supp. 1947
§ 45.02.14.]
48.02.140
48.02.150 Supplies—"Convention blanks." The
commissioner shall purchase at the expense of the state and in
the manner provided by law:
(1) Printing, books, reports, furniture, equipment, and
supplies as he deems necessary to the proper discharge of his
duties under this code.
(2) "Convention form" insurers’ annual statement
blanks, which he may purchase from any printer manufacturing the forms for the various states. [1947 c 79 § .02.15;
Rem. Supp. 1947 § 45.02.15.]
48.02.150
48.02.160 Special duties. The commissioner shall:
(1) Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expect48.02.160
(2008 Ed.)
Insurance Commissioner
ancy of life and values of annuities and of life and term
estates.
(2) Disseminate information concerning the insurance
laws of this state.
(3) Provide assistance to members of the public in
obtaining information about insurance products and in
resolving complaints involving insurers and other licensees.
[1988 c 248 § 1; 1947 c 79 § .02.16; Rem. Supp. 1947 §
45.02.16.]
48.02.170 Annual report. The commissioner shall, as
soon as accurate preparation enables, prepare a report of his
official transactions during the preceding fiscal year, containing information relative to insurance as the commissioner
deems proper. [1987 c 505 § 53; 1977 c 75 § 69; 1947 c 79 §
.02.17; Rem. Supp. 1947 § 45.02.17.]
48.02.170
48.02.180 Publication of insurance code and related
statutes, manuals, etc.—Distribution—Sale. (1) The commissioner may periodically prepare and publish:
(a) Title 48 RCW, Title 284 WAC, insurance bulletins
and technical assistance advisories, and other laws, rules, or
regulations relevant to the regulation of insurance;
(b) Manuals and other material relating to examinations
for licensure; and
(c) Any other publications authorized under Title 48
RCW.
(2) The commissioner may provide copies of the publications referred to in subsection (1)(a) of this section free of
charge to:
(a) Public offices and officers in this state;
(b) Public officials of other states and jurisdictions that
regulate insurance;
(c) The library of congress; and
(d) Officers of the armed forces of the United States of
America located at military installations in this state who are
concerned with insurance transactions at or involving the
military installations.
(3) Except as provided in subsection (2) of this section,
the commissioner shall sell the publications referred to in
subsection (1) of this section. The commissioner may charge
a reasonable price that is not less than the cost of publication,
handling, and distribution. The commissioner shall promptly
deposit all funds received under this subsection with the state
treasurer to the credit of the insurance commissioner’s regulatory account. For appropriation purposes, the funds
received and deposited by the commissioner are a recovery of
a previous expenditure. [2005 c 223 § 1; 1981 c 339 § 1;
1977 c 75 § 70; 1959 c 225 § 1.]
48.02.180
48.02.190 Operating costs of office—Insurance commissioner’s regulatory account—Regulatory surcharge.
(1) As used in this section:
(a) "Organization" means every insurer, as defined in
RCW 48.01.050, having a certificate of authority to do business in this state, every health care service contractor, as
defined in RCW 48.44.010, every health maintenance organization, as defined in RCW 48.46.020, or self-funded multiple
employer welfare arrangement, as defined in RCW
48.125.010, registered to do business in this state. "Class
48.02.190
(2008 Ed.)
48.02.190
one" organizations shall consist of all insurers as defined in
RCW 48.01.050. "Class two" organizations shall consist of
all organizations registered under provisions of chapters
48.44 and 48.46 RCW. "Class three" organizations shall consist of self-funded multiple employer welfare arrangements
as defined in RCW 48.125.010.
(b)(i) "Receipts" means (A) net direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170,
paid for insurance written or renewed upon risks or property
resident, situated, or to be performed in this state, less return
premiums and premiums on policies not taken, dividends
paid or credited to policyholders on direct business, and premiums received from policies or contracts issued in connection with qualified plans as defined in RCW 48.14.021, and
(B) prepayments to health care service contractors, as defined
in RCW 48.44.010, health maintenance organizations, as
defined in RCW 48.46.020, or participant contributions to
self-funded multiple employer welfare arrangements, as
defined in RCW 48.125.010, less experience rating credits,
dividends, prepayments returned to subscribers, and payments for contracts not taken.
(ii) Participant contributions, under chapter 48.125
RCW, used to determine the receipts in this state under this
section shall be determined in the same manner as premiums
taxable in this state are determined under RCW 48.14.090.
(c) "Regulatory surcharge" means the fees imposed by
this section.
(2) The annual cost of operating the office of insurance
commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all organizations as a regulatory surcharge. Each class of organization shall contribute a sufficient amount to the insurance
commissioner’s regulatory account to pay the reasonable
costs, including overhead, of regulating that class of organization.
(3) The regulatory surcharge shall be calculated separately for each class of organization. The regulatory surcharge collected from each organization shall be that portion
of the cost of operating the insurance commissioner’s office,
for that class of organization, for the ensuing fiscal year that
is represented by the organization’s portion of the receipts
collected or received by all organizations within that class on
business in this state during the previous calendar year.
However, the regulatory surcharge must not exceed oneeighth of one percent of receipts and the minimum regulatory
surcharge shall be one thousand dollars.
(4) The commissioner shall annually, on or before June
1st, calculate and bill each organization for the amount of the
regulatory surcharge. The regulatory surcharge shall be due
and payable no later than June 15th of each year. However,
if the necessary financial records are not available or if the
amount of the legislative appropriation is not determined in
time to carry out such calculations and bill such regulatory
surcharge within the time specified, the commissioner may
use the regulatory surcharge factors for the prior year as the
basis for the regulatory surcharge and, if necessary, the commissioner may impose supplemental fees to fully and properly charge the organizations. Any organization failing to
pay the regulatory surcharges by June 30th shall pay the same
penalties as the penalties for failure to pay taxes when due
under RCW 48.14.060. The regulatory surcharge required by
[Title 48 RCW—page 9]
Chapter 48.03
Title 48 RCW: Insurance
this section is in addition to all other taxes and fees now
imposed or that may be subsequently imposed.
(5) All moneys collected shall be deposited in the insurance commissioner’s regulatory account in the state treasury
which is hereby created.
(6) Unexpended funds in the insurance commissioner’s
regulatory account at the close of a fiscal year shall be carried
forward in the insurance commissioner’s regulatory account
to the succeeding fiscal year and shall be used to reduce
future regulatory surcharges. During the 2007-2009 fiscal
biennium, the legislature may transfer from the insurance
commissioner’s regulatory account to the Washington state
heritage center account such amounts as reflect excess fund
balance in the account.
(7)(a) Each insurer may annually collect regulatory surcharges remitted in preceding years by means of a policyholder surcharge on premiums charged for all kinds of insurance. The recoupment shall be at a uniform rate reasonably
calculated to collect the regulatory surcharge remitted by the
insurer.
(b) If an insurer fails to collect the entire amount of the
recoupment in the first year under this section, it may repeat
the recoupment procedure provided for in this subsection (7)
in succeeding years until the regulatory surcharge is fully collected or a de minimis amount remains uncollected. Any
such de minimis amount may be collected as provided in (d)
of this subsection.
(c) The amount and nature of any recoupment shall be
separately stated on either a billing or policy declaration sent
to an insured. The amount of the recoupment must not be
considered a premium for any purpose, including the premium tax or agents’ commissions.
(d) An insurer may elect not to collect the regulatory surcharge from its insured. In such a case, the insurer may
recoup the regulatory surcharge through its rates, if the following requirements are met:
(i) The insurer remits the amount of surcharge not collected by election under this subsection; and
(ii) The surcharge is not considered a premium for any
purpose, including the premium tax or agents’ commission.
[2008 c 328 § 6003. Prior: 2007 c 468 § 1; 2007 c 153 § 3;
2004 c 260 § 22; 2003 1st sp.s. c 25 § 923; 2002 c 371 § 913;
1987 c 505 § 54; 1986 c 296 § 7.]
Part headings not law—Severability—Effective date—2008 c 328:
See notes following RCW 43.155.050.
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
Chapter 48.03
Chapter 48.03 RCW
EXAMINATIONS
Sections
48.03.005
48.03.010
48.03.020
48.03.025
Application.
Examination of insurers, bureaus.
Examination of agents, managers, promoters.
Examiners—Scope of examination—Examiners’ handbook.
[Title 48 RCW—page 10]
48.03.030
48.03.040
48.03.050
48.03.060
48.03.065
48.03.070
48.03.075
Access to records on examination—Correction of accounts.
Examination reports—Consideration by commissioner—
Orders—Confidentiality.
Reports withheld.
Examination expense.
Appointments by commissioner—Examiners—Exceptions.
Witnesses—Subpoenas—Depositions—Oaths.
Legal protection for commissioner, authorized representatives,
and examiners—Good faith—Attorneys’ fees—Payment by
commissioner.
48.03.005 Application. This chapter applies to the
financial analysis and examination of insurers and other regulated entities. [2007 c 82 § 1.]
48.03.005
48.03.010 Examination of insurers, bureaus. (1) The
commissioner shall examine the affairs, transactions,
accounts, records, documents, and assets of each authorized
insurer as often as he or she deems advisable. The commissioner shall so examine each insurer holding a certificate of
authority or certificate of registration not less frequently than
every five years. Examination of an alien insurer may be limited to its insurance transactions in the United States. In
scheduling and determining the nature, scope, and frequency
of an examination, the commissioner shall consider such matters as the results of financial statement analyses and ratios,
changes in management or ownership, actuarial opinions,
reports of independent certified public accountants, and other
criteria as set forth in the examiner’s handbook adopted by
the National Association of Insurance Commissioners and in
effect when the commissioner exercises discretion under this
section.
(2) As often as the commissioner deems advisable and at
least once in five years, the commissioner shall fully examine
each rating organization and examining bureau licensed in
this state. As often as he or she deems it advisable the commissioner may examine each advisory organization and each
joint underwriting or joint reinsurance group, association, or
organization.
(3) The commissioner shall in like manner examine each
insurer or rating organization applying for authority to do
business in this state.
(4) In lieu of making an examination under this chapter,
the commissioner may accept a full report of the last recent
examination of a nondomestic rating or advisory organization, or joint underwriting or joint reinsurance group, association or organization, as prepared by the insurance supervisory official of the state of domicile or of entry. In lieu of an
examination under this chapter of a foreign or alien insurer
licensed in this state, the commissioner may accept an examination report on the company as prepared by the insurance
department for the company’s state of domicile or port-ofentry state until January 1, 1994. Thereafter, an examination
report may be accepted only if: (a) That insurance department was at the time of the examination accredited under the
National Association of Insurance Commissioners’ financial
regulation standards and accreditation program; or (b) the
examination was performed either under the supervision of
an accredited insurance department or with the participation
of one or more examiners employed by an accredited state
insurance department who, after a review of the examination
work papers and report, state under oath that the examination
48.03.010
(2008 Ed.)
Examinations
was performed in a manner consistent with the standards and
procedures required by their insurance department.
(5) The commissioner may elect to accept and rely on an
audit report made by an independent certified public accountant for the insurer in the course of that part of the commissioner’s examination covering the same general subject matter as the audit. The commissioner may incorporate the audit
report in his or her report of the examination.
(6) For the purposes of completing an examination of
any company under this chapter, the commissioner may
examine or investigate any managing general agent or any
other person, or the business of any managing general agent
or other person, insofar as that examination or investigation
is, in the sole discretion of the commissioner, necessary or
material to the examination of the company. [1993 c 462 §
43; 1982 c 181 § 1; 1979 c 139 § 1; 1947 c 79 § .03.01; Rem.
Supp. 1947 § 45.03.01.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—1982 c 181: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 181 § 28.]
48.03.020 Examination of agents, managers, promoters. (Effective until July 1, 2009.) For the purpose of ascertaining its condition, or compliance with this code, the commissioner may as often as he deems advisable examine the
accounts, records, documents, and transactions of:
(1) Any insurance agent, solicitor, broker or adjuster.
(2) Any person having a contract under which he enjoys
in fact the exclusive or dominant right to manage or control a
stock or mutual insurer.
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of
control of its management either as voting trustee or otherwise.
(4) Any person engaged in or proposing to be engaged in
or assisting in the promotion or formation of a domestic
insurer, or an insurance holding corporation, or a stock corporation to finance a domestic mutual insurer or the production of its business, or a corporation to be attorney-in-fact for
a domestic reciprocal insurer. [1947 c 79 § .03.02; Rem.
Supp. 1947 § 45.03.02.]
48.03.020
48.03.020 Examination of producers, adjusters, title
insurance agents, managers, or promoters. (Effective
July 1, 2009.) For the purpose of ascertaining its condition,
or compliance with this code, the commissioner may as often
as he or she deems advisable examine the accounts, records,
documents, and transactions of:
(1) Any insurance producer, adjuster, or title insurance
agent.
(2) Any person having a contract under which he or she
enjoys in fact the exclusive or dominant right to manage or
control a stock or mutual insurer.
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of
control of its management either as voting trustee or otherwise.
48.03.020
(2008 Ed.)
48.03.040
(4) Any person engaged in or proposing to be engaged in
or assisting in the promotion or formation of a domestic
insurer, or an insurance holding corporation, or a stock corporation to finance a domestic mutual insurer or the production of its business, or a corporation to be attorney-in-fact for
a domestic reciprocal insurer. [2008 c 217 § 1; 1947 c 79 §
.03.02; Rem. Supp. 1947 § 45.03.02.]
Severability—2008 c 217: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 217 § 101.]
Effective date—2008 c 217: "This act takes effect July 1, 2009." [2008
c 217 § 102.]
48.03.025 Examiners—Scope of examination—
Examiners’ handbook. Upon determining that an examination should be conducted, the commissioner or the commissioner’s designee shall appoint one or more examiners to perform the examination and instruct them as to the scope of the
examination. In conducting the examination, the examiner
shall observe those guidelines and procedures set forth in the
examiners’ handbook adopted by the National Association of
Insurance Commissioners. The commissioner may also
employ such other guidelines or procedures as the commissioner may deem appropriate. [1993 c 462 § 44.]
48.03.025
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.030 Access to records on examination—Correction of accounts. (1) Every person being examined, its
officers, employees, and representatives shall produce and
make freely accessible to the commissioner the accounts,
records, documents, and files in his possession or control
relating to the subject of the examination, and shall otherwise
facilitate the examination.
(2) If the commissioner finds the accounts to be inadequate, or improperly kept or posted, he may employ experts
to rewrite, post or balance them at the expense of the person
being examined. [1947 c 79 § .03.03; Rem. Supp. 1947 §
45.03.03.]
48.03.030
48.03.040 Examination reports—Consideration by
commissioner—Orders—Confidentiality. (1) No later
than sixty days after completion of each examination, the
commissioner shall make a full written report of each examination made by him or her containing only facts ascertained
from the accounts, records, and documents examined and
from the sworn testimony of individuals, and such conclusions and recommendations as may reasonably be warranted
from such facts.
(2) The report shall be certified by the commissioner or
by his or her examiner in charge of the examination, and shall
be filed in the commissioner’s office subject to subsection (3)
of this section.
(3) The commissioner shall furnish a copy of the examination report to the person examined not less than ten days
and, unless the time is extended by the commissioner, not
more than thirty days prior to the filing of the report for public inspection in the commissioner’s office. If such person so
requests in writing within such period, the commissioner
shall hold a hearing to consider objections of such person to
48.03.040
[Title 48 RCW—page 11]
48.03.050
Title 48 RCW: Insurance
the report as proposed, and shall not so file the report until
after such hearing and until after any modifications in the
report deemed necessary by the commissioner have been
made.
(4) Within thirty days of the end of the period described
in subsection (3) of this section, unless extended by order of
the commissioner, the commissioner shall consider the
report, together with any written submissions or rebuttals and
any relevant portions of the examiner’s workpapers and enter
an order:
(a) Adopting the examination report as filed or with
modification or corrections. If the examination report reveals
that the company is operating in violation of any law, rule, or
order of the commissioner, the commissioner may order the
company to take any action the commissioner considers necessary and appropriate to cure that violation;
(b) Rejecting the examination report with directions to
the examiners to reopen the examination for purposes of
obtaining additional data, documentation, or information, and
refiling under this section; or
(c) Calling for an investigatory hearing with no less than
twenty days’ notice to the company for purposes of obtaining
additional documentation, data, information, and testimony.
(5) All orders entered under subsection (4) of this section
must be accompanied by findings and conclusions resulting
from the commissioner’s consideration and review of the
examination report, relevant examiner workpapers, and any
written submissions or rebuttals. Such an order is considered
a final administrative decision and may be appealed under the
Administrative Procedure Act, chapter 34.05 RCW, and must
be served upon the company by certified mail or certifiable
electronic means, together with a copy of the adopted examination report. A copy of the adopted examination report must
be sent by certified mail or certifiable electronic means to
each director at the director’s residence address or to a personal e-mail account.
(6)(a) Upon the adoption of the examination report under
subsection (4) of this section, the commissioner shall continue to hold the content of the examination report as private
and confidential information for a period of five days except
that the order may be disclosed to the person examined.
Thereafter, the commissioner may open the report for public
inspection so long as no court of competent jurisdiction has
stayed its publication.
(b) Nothing in this title prohibits the commissioner from
disclosing the content of an examination report, preliminary
examination report or results, or any matter relating thereto,
to the insurance department of any other state or country, or
to law enforcement officials of this or any other state or
agency of the federal government at any time, so long as the
agency or office receiving the report or matters relating
thereto agrees in writing to hold it confidential and in a manner consistent with this chapter.
(c) If the commissioner determines that regulatory action
is appropriate as a result of any examination, he or she may
initiate any proceedings or actions as provided by law.
(d) Nothing contained in this section requires the commissioner to disclose any information or records that would
indicate or show the existence or content of any investigation
or activity of a criminal justice agency. [2008 c 100 § 1; 1993
[Title 48 RCW—page 12]
c 462 § 45; 1965 ex.s. c 70 § 1; 1947 c 79 § .03.04; Rem.
Supp. 1947 § 45.03.04.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.050 Reports withheld. The commissioner may
withhold from public inspection any examination or investigation report for so long as he or she deems it advisable, subject to RCW 48.32.080. [1993 c 462 § 46; 1947 c 79 § .03.05;
Rem. Supp. 1947 § 45.03.05.]
48.03.050
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.060 Examination expense. (1) Examinations
within this state of any insurer or self-funded multiple
employer welfare arrangement as defined in RCW
48.125.010 domiciled or having its home offices in this state,
other than a title insurer, made by the commissioner or the
commissioner’s examiners and employees shall, except as to
fees, mileage, and expense incurred as to witnesses, be at the
expense of the state.
(2) Every other examination, whatsoever, or any part of
the examination of any person domiciled or having its home
offices in this state requiring travel and services outside this
state, shall be made by the commissioner or by examiners
designated by the commissioner and shall be at the expense
of the person examined; but a domestic insurer shall not be
liable for the compensation of examiners employed by the
commissioner for such services outside this state.
(3) When making an examination under this chapter, the
commissioner may retain attorneys, appraisers, independent
actuaries, independent certified public accountants, or other
professionals and specialists as examiners, the cost of which
shall be borne by the person who is the subject of the examination, except as provided in subsection (1) of this section.
(4) The person examined and liable therefor shall reimburse the state upon presentation of an itemized statement
thereof, for the actual travel expenses of the commissioner’s
examiners, their reasonable living expense allowance, and
their per diem compensation, including salary and the
employer’s cost of employee benefits, at a reasonable rate
approved by the commissioner, incurred on account of the
examination. Per diem salary and expenses for employees
examining insurers domiciled outside the state of Washington shall be established by the commissioner on the basis of
the National Association of Insurance Commissioner’s recommended salary and expense schedule for zone examiners,
or the salary schedule established by the Washington personnel resources board and the expense schedule established by
the office of financial management, whichever is higher. A
domestic title insurer shall pay the examination expense and
costs to the commissioner as itemized and billed by the commissioner.
The commissioner or the commissioner’s examiners
shall not receive or accept any additional emolument on
account of any examination.
(5) Nothing contained in this chapter limits the commissioner’s authority to terminate or suspend any examination in
order to pursue other legal or regulatory action under the
insurance laws of this state. Findings of fact and conclusions
made pursuant to any examination are prima facie evidence
48.03.060
(2008 Ed.)
Hearings and Appeals
48.04.010
in any legal or regulatory action. [2004 c 260 § 23; 1995 c
152 § 2. Prior: 1993 c 462 § 47; 1993 c 281 § 55; 1981 c 339
§ 2; 1979 ex.s. c 35 § 1; 1947 c 79 § .03.06; Rem. Supp. 1947
§ 45.03.06.]
(4) Enforcement of subpoenas shall be in accord with
RCW 34.05.588. [1989 c 175 § 112; 1967 c 237 § 15; 1963
c 195 § 1; 1949 c 190 § 2; 1947 c 79 § .03.07; Rem. Supp.
1949 § 45.03.07.]
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Effective date—1989 c 175: See note following RCW 34.05.010.
Intent—1995 c 152: "The only intent of the legislature in chapter 152,
Laws of 1995 is to correct double amendments. It is not the intent of the legislature to change the substance or effect of any statute previously enacted."
[1995 c 152 § 1.]
48.03.075 Legal protection for commissioner, authorized representatives, and examiners—Good faith—
Attorneys’ fees—Payment by commissioner. (1) No cause
of action may arise nor may any liability be imposed against
the commissioner, the commissioner’s authorized representatives, or an examiner appointed by the commissioner for
statements made or conduct performed in good faith while
carrying out this chapter.
(2) No cause of action may arise nor may any liability be
imposed against any person for the act of communicating or
delivering information or data to the commissioner or the
commissioner’s authorized representative or examiner pursuant to an examination made under this chapter, if that act of
communication or delivery was performed in good faith and
without fraudulent intent or the intent to deceive.
(3) This section does not modify a privilege or immunity
previously enjoyed by a person identified in subsection (1) of
this section.
(4) A person identified in subsection (1) of this section is
entitled to an award of attorneys’ fees and costs if he or she is
the prevailing party in a civil cause of action for libel, slander, or any other tort arising out of activities in carrying out
this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section a proceeding is "substantially justified" if it had a reasonable basis
in law or fact at the time that it was initiated.
(5) If a claim is made or threatened of the sort described
in subsection (1) of this section, the commissioner shall provide or pay for the defense of himself or herself, the examiner
or representative, and shall pay a judgment or settlement,
until it is determined that the person did not act in good faith
or did act with fraudulent intent or the intent to deceive.
(6) The immunity, indemnification, and other protections under this section are in addition to those now or hereafter existing under other law. [1993 c 462 § 49.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date—1993 c 281: See note following RCW 41.06.022.
48.03.065 Appointments by commissioner—Examiners—Exceptions. (1) No examiner may be appointed by the
commissioner if the examiner, either directly or indirectly,
has a conflict of interest or is affiliated with the management
of or owns a pecuniary interest in a person subject to examination under this chapter. This section does not automatically
preclude an examiner from being:
(a) A policyholder or claimant under an insurance policy;
(b) A grantor of a mortgage or similar instrument on the
examiner’s residence to a regulated entity if done under customary terms and in the ordinary course of business;
(c) An investment owner in shares of regulated diversified investment companies; or
(d) A settlor or beneficiary of a blind trust into which any
otherwise impermissible holdings have been placed.
(2) Notwithstanding the requirements of subsection (1)
of this section, the commissioner may retain from time to
time, on an individual basis, qualified actuaries, certified
public accountants, or other similar individuals who are independently practicing their professions, even though those
persons may from time to time be similarly employed or
retained by persons subject to examination under this chapter.
[1993 c 462 § 48.]
48.03.065
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.070 Witnesses—Subpoenas—Depositions—
Oaths. (1) The commissioner may take depositions, may
subpoena witnesses or documentary evidence, administer
oaths, and examine under oath any individual relative to the
affairs of any person being examined, or relative to the subject of any hearing or investigation: PROVIDED, That the
provisions of RCW 34.05.446 shall apply in lieu of the provisions of this section as to subpoenas relative to hearings in
rule-making and adjudicative proceedings.
(2) The subpoena shall be effective if served within the
state of Washington and shall be served in the same manner
as if issued from a court of record.
(3) Witness fees and mileage, if claimed, shall be
allowed the same as for testimony in a court of record. Witness fees, mileage, and the actual expense necessarily
incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the person as to
whom the examination is being made, or by the person if
other than the commissioner, at whose request the hearing is
held.
48.03.070
(2008 Ed.)
48.03.075
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.04
Chapter 48.04 RCW
HEARINGS AND APPEALS
Sections
48.04.010
48.04.020
48.04.030
48.04.050
48.04.060
48.04.070
48.04.140
Hearings—Waiver—Administrative law judge.
Stay of action.
Place of hearing.
Show cause notice.
Adjourned hearings.
Nonattendance, effect of.
Stay of action on appeal.
48.04.010 Hearings—Waiver—Administrative law
judge. (1) The commissioner may hold a hearing for any
purpose within the scope of this code as he or she may deem
necessary. The commissioner shall hold a hearing:
(a) If required by any provision of this code; or
48.04.010
[Title 48 RCW—page 13]
48.04.020
Title 48 RCW: Insurance
(b) Except under RCW 48.13.475, upon written demand
for a hearing made by any person aggrieved by any act,
threatened act, or failure of the commissioner to act, if such
failure is deemed an act under any provision of this code, or
by any report, promulgation, or order of the commissioner
other than an order on a hearing of which such person was
given actual notice or at which such person appeared as a
party, or order pursuant to the order on such hearing.
(2) Any such demand for a hearing shall specify in what
respects such person is so aggrieved and the grounds to be
relied upon as basis for the relief to be demanded at the hearing.
(3) Unless a person aggrieved by a written order of the
commissioner demands a hearing thereon within ninety days
after receiving notice of such order, or in the case of a licensee under Title 48 RCW within ninety days after the commissioner has mailed the order to the licensee at the most
recent address shown in the commissioner’s licensing records
for the licensee, the right to such hearing shall conclusively
be deemed to have been waived.
(4) If a hearing is demanded by a licensee whose license
has been temporarily suspended pursuant to RCW 48.17.540,
the commissioner shall hold such hearing demanded within
thirty days after receipt of the demand or within thirty days of
the effective date of a temporary license suspension issued
after such demand, unless postponed by mutual consent.
(5) A licensee under this title may request that a hearing
authorized under this section be presided over by an administrative law judge assigned under chapter 34.12 RCW. Any
such request shall not be denied.
(6) Any hearing held relating to RCW 48.20.025,
48.44.017, or 48.46.062 shall be presided over by an administrative law judge assigned under chapter 34.12 RCW.
[2000 c 221 § 8; 2000 c 79 § 1; 1990 1st ex.s. c 3 § 1; 1988 c
248 § 2; 1967 c 237 § 16; 1963 c 195 § 2; 1947 c 79 § .04.01;
Rem. Supp. 1947 § 45.04.01.]
Reviser’s note: This section was amended by 2000 c 79 § 1 and by
2000 c 221 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 79: "Except for sections 26, 38, and 39 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [March 23, 2000]." [2000 c 79 §
51.]
Severability—2000 c 79: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 79 § 48.]
48.04.020 Stay of action. (1) Such demand for a hearing received by the commissioner prior to the effective date
of action taken or proposed to be taken by him or her shall
stay such action pending the hearing, except as to action
taken or proposed
(a) under an order on hearing, or
(b) under an order pursuant to an order on hearing, or
(c) under an order to make good an impairment of the
assets of an insurer, or
(d) under an order of temporary suspension of license
issued pursuant to RCW 48.17.540 as now or hereafter
amended.
48.04.020
[Title 48 RCW—page 14]
(2) In any case where an automatic stay is not provided
for, and if the commissioner after written request therefor
fails to grant a stay, the person aggrieved thereby may apply
to the superior court for Thurston county for a stay of the
commissioner’s action.
(3) A stay of action is not available for actions taken by
the commissioner under RCW 48.13.475. [2000 c 221 § 9;
1982 c 181 § 2; 1949 c 190 § 3; 1947 c 79 § .04.02; Rem.
Supp. 1949 § 45.04.02.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.04.030 Place of hearing. The hearing shall be held
at the place designated by the commissioner, and at his discretion it may be open to the public. [1947 c 79 § .04.03;
Rem. Supp. 1947 § 45.04.03.]
48.04.030
48.04.050 Show cause notice. If any person is entitled
to a hearing by any provision of this code before any proposed action is taken, the notice of the proposed action may
be in the form of a notice to show cause stating that the proposed action may be taken unless such person shows cause at
a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the
proposed action. [1947 c 79 § .04.05; Rem. Supp. 1947 §
45.04.05.]
48.04.050
48.04.060 Adjourned hearings. The commissioner
may adjourn any hearing from time to time and from place to
place without other notice of the adjourned hearing than
announcement thereof at the hearing. [1947 c 79 § .04.06;
Rem. Supp. 1947 § 45.04.06.]
48.04.060
48.04.070 Nonattendance, effect of. The validity of
any hearing held in accordance with the notice thereof shall
not be affected by failure of any person to attend or to remain
in attendance. [1947 c 79 § .04.07; Rem. Supp. 1947 §
45.04.07.]
48.04.070
48.04.140 Stay of action on appeal. (1) The taking of
an appeal shall not stay any action taken or proposed to be
taken by the commissioner under the order appealed from
unless a stay is granted by the court at a hearing held as part
of the proceedings on appeal.
(2) A stay shall not be granted by the court in any case
where the granting of a stay would tend to injure the public
interest. In granting a stay, the court may require of the person taking the appeal such security or other conditions as it
deems proper. [1988 c 248 § 3; 1947 c 79 § .04.14; Rem.
Supp. 1947 § 45.04.14.]
48.04.140
Chapter 48.05 RCW
INSURERS—GENERAL REQUIREMENTS
Chapter 48.05
Sections
48.05.010
48.05.030
48.05.040
48.05.045
48.05.050
48.05.060
48.05.070
"Domestic," "foreign," "alien" insurers defined.
Certificate of authority required.
Certificate of authority—Qualifications.
Certificate of authority not to be issued to governmentally
owned insurer.
"Charter" defined.
"Capital funds" defined.
Application for certificate of authority.
(2008 Ed.)
Insurers—General Requirements
48.05.073
48.05.080
48.05.090
48.05.100
48.05.105
48.05.110
48.05.120
48.05.130
48.05.140
48.05.150
48.05.160
48.05.170
48.05.180
48.05.185
48.05.190
48.05.200
48.05.210
48.05.215
48.05.220
48.05.250
48.05.270
48.05.280
48.05.290
48.05.310
48.05.320
48.05.330
48.05.340
48.05.350
48.05.370
48.05.380
48.05.383
48.05.385
48.05.390
48.05.400
48.05.410
48.05.430
48.05.435
48.05.440
48.05.445
48.05.450
48.05.455
48.05.460
48.05.465
48.05.470
48.05.475
48.05.480
48.05.485
48.05.510
48.05.515
48.05.520
48.05.525
48.05.530
48.05.535
48.05.900
Filing of financial statements.
Foreign insurers—Deposit.
Alien insurers—Assets required—Trust deposit.
Alien insurers—Deposit resolution.
Foreign or alien insurers—Three years active transacting
required—Exception.
Issuance of certificate of authority.
Certificate of authority—Duration, renewal, amendment.
Certificate of authority—Mandatory refusal, revocation, suspension.
Certificate of authority—Discretionary refusal, revocation,
suspension.
Notice of intention to refuse, revoke, or suspend.
Period of suspension.
Reauthorization, limitation upon.
Notice of refusal, revocation, suspension—Effect upon
agents’ authority.
Fine in addition or in lieu of suspension, revocation, or refusal.
Name of insurer.
Commissioner as attorney for service of process—Exception.
Service of process—Procedure.
Unauthorized foreign or alien insurers—Jurisdiction of state
courts—Service of process—Procedure.
Venue of actions against insurer.
Annual statement.
Alien insurer—Capital funds, determination.
Records and accounts of insurers.
Withdrawal of insurer—Reinsurance.
General agents, managers—Appointment—Powers—Licensing.
Reports of fire losses.
Insurers—Combination of kinds of insurance authorized—
Exceptions.
Capital and surplus requirements.
General casualty insurer combining disability, fidelity, insurance.
Fiduciary relationship to insurer of officers, directors or corporation holding controlling interest.
Reports by property and casualty insurers—Rules.
Statement of actuarial opinion—Property and casualty insurance.
Statement of actuarial opinion—Property and casualty insurance—Confidentiality.
Reports by various insurers—Contents.
Annual filing and fee to National Association of Insurance
Commissioners—Penalty.
Health care practitioner risk management training.
Definitions.
Report of RBC levels—Formula for determining levels—
Inaccurate reports adjusted by commissioner.
Company action level event—Definition—RBC plan—Commissioner’s review.
Regulatory action level event—Definition—Commissioner’s
duties—Corrective actions.
Authorized control level event—Definition—Commissioner’s
duties.
Mandatory control level event—Definition—Commissioner’s
duties.
Insurer’s right to a hearing—Request—Commissioner sets
date.
Confidentiality of RBC reports and plans—Use of information
for comparative purposes—Use of information to monitor
solvency.
Regulation of capital and surplus requirements is supplemental—Commissioner may grant exemptions.
RBC report from foreign or alien insurers—Request of commissioner—Commissioner’s options.
No liability for regulation of capital and surplus requirements.
Notices by commissioner—When effective.
Disclosure of certain material transactions—Insurer’s report—
Information is confidential.
Material acquisitions or dispositions.
Asset acquisitions—Asset dispositions.
Report of a material acquisition or disposition of assets—
Information required.
Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Severability—1995 c 83.
Agents, brokers, solicitors, and adjusters: Chapter 48.17 RCW.
Deposit of insurers: Chapter 48.16 RCW.
Federal home loan bank as depositary: RCW 30.32.040.
(2008 Ed.)
48.05.040
Fees and taxes: Chapter 48.14 RCW.
Health care services: Chapter 48.44 RCW.
Insuring powers and capital funds required: Chapter 48.11 RCW.
Interlocking ownership, management: RCW 48.30.250.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Rates and rating organizations: Chapter 48.19 RCW.
Stamping bureau: RCW 48.19.410.
Unauthorized insurers: Chapter 48.15 RCW.
Unfair practices: Chapter 48.30 RCW.
48.05.010 "Domestic," "foreign," "alien" insurers
defined. (1) A "domestic" insurer is one formed under the
laws of this state.
(2) A "foreign" insurer is one formed under the laws of
the United States, of a state or territory of the United States
other than this state, or of the District of Columbia.
(3) An "alien" insurer is one formed under the laws of a
nation other than the United States.
(4) For the purposes of this code, "United States," when
used to signify place, means only the states of the United
States, the government of Puerto Rico and the District of
Columbia. [1961 c 194 § 1; 1947 c 79 § .05.01; Rem. Supp.
1947 § 45.05.01.]
48.05.010
"Insurer" defined: RCW 48.01.050.
48.05.030 Certificate of authority required. (1) No
person shall act as an insurer and no insurer shall transact
insurance in this state other than as authorized by a certificate
of authority issued to it by the commissioner and then in
force; except, as to such transactions as are expressly otherwise provided for in this code.
(2) Every certificate of authority shall specify the name
of the insurer, the location of its principal office, the name
and location of the principal office of its attorney-in-fact if a
reciprocal insurer, and the kind or kinds of insurance it is
authorized to transact in this state.
(3) The investigation and adjustment of any claim in this
state arising under an insurance contract issued by an unauthorized insurer, shall not be deemed to constitute the transacting of insurance in this state. [1947 c 79 § .05.03; Rem.
Supp. 1947 § 45.05.03.]
48.05.030
48.05.040 Certificate of authority—Qualifications.
To qualify for and hold a certificate of authority an insurer
must:
(1) Be a stock, mutual, or reciprocal insurer of the same
general type as may be formed as a domestic insurer under
the provisions of chapter 48.06 RCW of this code, but this
requirement shall not apply as to domestic mutual property
insurers which, as of January 1, 1957, were lawfully transacting insurance on the assessment plan; and
(2) Have capital funds as required by this code, based
upon the type and domicile of the insurer and the kinds of
insurance proposed to be transacted; and
(3) Transact or propose to transact in this state insurances authorized by its charter, and only such insurance as
meets the standards and requirements of this code; and
(4) Fully comply with, and qualify according to, the
other provisions of this code. [1957 c 193 § 1; 1947 c 79 §
.05.04; Rem. Supp. 1947 § 45.05.04.]
48.05.040
[Title 48 RCW—page 15]
48.05.045
Title 48 RCW: Insurance
48.05.045 Certificate of authority not to be issued to
governmentally owned insurer. No certificate of authority
shall be issued to or exist with respect to any insurer which is
owned and controlled, in whole or in substantial part, by any
government or governmental agency. [1957 c 193 § 2.]
48.05.045
48.05.050 "Charter" defined. "Charter" means articles of incorporation, articles of agreement, articles of association of a corporation, or other basic constituent document of
a corporation, or subscribers’ agreement and attorney-in-fact
agreement of a reciprocal insurer. [1947 c 79 § .05.05; Rem.
Supp. 1947 § 45.05.05.]
48.05.050
48.05.060 "Capital funds" defined. "Capital funds"
means the excess of the assets of an insurer over its liabilities.
Capital stock, if any, shall not be deemed to be a liability for
the purposes of this section. [1947 c 79 § .05.06; Rem. Supp.
1947 § 45.05.06.]
48.05.060
48.05.070 Application for certificate of authority. To
apply for an original certificate of authority an insurer shall:
(1) File with the commissioner its request therefor showing:
(a) Its name, home office location, type of insurer, organization date, and state or country of its domicile.
(b) The kinds of insurance it proposes to transact.
(c) Additional information as the commissioner may reasonably require.
(2) File with the commissioner:
(a) A copy of its charter as amended, certified, if a foreign or alien insurer, by the proper public officer of the state
or country of domicile.
(b) A copy of its bylaws, certified by its proper officer.
(c) A statement of its financial condition, management,
and affairs on a form satisfactory to or furnished by the commissioner.
(d) If a foreign or alien insurer, or a domestic reciprocal
insurer, an appointment of the commissioner as its attorney to
receive service of legal process.
(e) If an alien insurer, a copy of the appointment and
authority of its United States manager, certified by its proper
officer.
(f) If a foreign or alien insurer, a certificate from the
proper public official of its state or country of domicile showing that it is duly organized and is authorized to transact the
kinds of insurance proposed to be transacted.
(g) If a domestic reciprocal insurer, the declaration
required by RCW 48.10.090 of this code.
(h) Other documents or stipulations as the commissioner
may reasonably require to evidence compliance with the provisions of this code.
(3) Deposit with the commissioner the fees required by
this code to be paid for filing the accompanying documents,
and for the certificate of authority, if granted. [1947 c 79 §
.05.07; Rem. Supp. 1947 § 45.05.07.]
48.05.070
48.05.073 Filing of financial statements. Every
insurer holding a certificate of authority from the commissioner shall file its financial statements as required by this
code and by the commissioner in accordance with the
accounting practices and procedures manuals as adopted by
the national association of insurance commissioners, unless
otherwise provided by law. [1999 c 33 § 1.]
48.05.080 Foreign insurers—Deposit. (1) Prior to the
issuance of a certificate of authority to a foreign insurer, it
shall make a deposit of assets with the commissioner for the
protection of all its policyholders, or of all of its policyholders and obligees or its policyholders and obligees within the
United States, in amount and kind, subject to RCW
48.14.040, the same as is required of a like domestic insurer
transacting like kinds of insurance.
(2) In lieu of such deposit or part thereof the commissioner may accept the certificate of the public official having
supervision over insurers in any other state to the effect that a
like deposit by such insurer or like part thereof in equal or
greater amount is held in public custody in such state. [1955
c 86 § 1; 1947 c 79 § .05.08; Rem. Supp. 1947 § 45.05.08.]
48.05.080
Effective date—1955 c 86: "This act shall become effective on January
1, 1956." [1955 c 86 § 18.]
Supervision of transfers—1955 c 86: "All transfers authorized under
this act shall be made under the supervision of the state auditor." [1955 c 86
§ 19.]
48.05.090 Alien insurers—Assets required—Trust
deposit. (1) An alien insurer shall not be authorized to transact insurance in this state unless it maintains within the
United States assets in amount not less than its outstanding
liabilities arising out of its insurance transactions in the
United States, nor unless it maintains a trust deposit in an
amount not less than the required reserves under its policies
resulting from such transactions (after deducting, in the case
of a life insurer, the amount of outstanding policy loans on
such policies) plus assets equal to the larger of the following
sums:
(a) The largest amount of deposit required under this title
to be made in this state by any type of domestic insurer transacting like kinds of insurance; or
(b) Two hundred thousand dollars.
(2) The trust deposit shall be for the security of all policyholders or policyholders and obligees of the insurer in the
United States. It shall not be subject to diminution below the
amount currently determined in accordance with subsection
(1) of this section so long as the insurer has outstanding any
liabilities arising out of its business transacted in the United
States.
(3) The trust deposit shall be maintained with public
depositaries or trust institutions within the United States
approved by the commissioner. [1949 c 190 § 4; 1947 c 79 §
.05.09; Rem. Supp. 1949 § 45.05.09.]
48.05.090
48.05.100 Alien insurers—Deposit resolution. An
alien insurer shall file with the commissioner a certified copy
of the resolution of its governing board by which the trust
deposit was established, together with a certified copy of any
trust agreement under which the deposit is held. [1947 c 79 §
.05.10; Rem. Supp. 1947 § 45.05.10.]
48.05.100
48.05.073
[Title 48 RCW—page 16]
48.05.105 Foreign or alien insurers—Three years
active transacting required—Exception. No certificate of
authority shall be granted to a foreign or alien applicant that
48.05.105
(2008 Ed.)
Insurers—General Requirements
has not actively transacted for three years the classes of insurance for which it seeks to be admitted; except, the foregoing
shall not apply to any subsidiary of a seasoned, reputable
insurer that has held a certificate of authority in this state for
at least three years. [1967 c 150 § 2.]
48.05.110 Issuance of certificate of authority. If the
commissioner finds that an insurer has met the requirements
for and is fully entitled thereto under this code, he shall issue
to it a proper certificate of authority. If the commissioner
does not so find, the authority shall be refused within a reasonable length of time following completion by the insurer of
the application therefor. [1947 c 79 § .05.11; Rem. Supp.
1947 § 45.05.11.]
48.05.110
48.05.120 Certificate of authority—Duration,
renewal, amendment. (1) All certificates of authority shall
continue in force until suspended, revoked, or not renewed. A
certificate shall be subject to renewal annually on the first day
of July upon application of the insurer and payment of the fee
therefor. If not so renewed, the certificate shall expire as of
the thirtieth day of June next preceding.
(2) The commissioner may amend a certificate of authority at any time in accordance with changes in the insurer’s
charter or insuring powers. [1957 c 193 § 3; 1955 c 31 § 1;
1947 c 79 § .05.12; Rem. Supp. 1947 § 45.05.12.]
48.05.120
48.05.130 Certificate of authority—Mandatory
refusal, revocation, suspension. The commissioner shall
refuse to renew or shall revoke or suspend an insurer’s certificate of authority, in addition to other grounds therefor in this
code, if the insurer:
(1) Is a foreign or alien insurer and no longer qualifies or
meets the requirements for the authority; or, is a domestic
mutual or domestic reciprocal insurer, and fails to make good
a deficiency of assets as required by the commissioner.
(2) Is a domestic stock insurer and has assets less in
amount than its liabilities, including its capital stock as a liability, and has failed to make good such deficiency as
required by the commissioner.
(3) Knowingly exceeds its charter powers or its certificate of authority. [1947 c 79 § .05.13; Rem. Supp. 1947 §
45.05.13.]
48.05.130
48.05.140
(4) Usually compels claimants under policies either to
accept less than the amount due them or to bring suit against
it to secure full payment of the amount due.
(5) Is affiliated with and under the same general management, or interlocking directorate, or ownership as another
insurer which transacts insurance in this state without having
a certificate of authority therefor, except as is permitted by
this code.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination
or to produce its accounts, records, and files for examination
by the commissioner when required, or refuse to perform any
legal obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any policy, bond, recognizance, or undertaking issued or guaranteed by it, within thirty days after the
judgment became final or within thirty days after time for
taking an appeal has expired, or within thirty days after dismissal of an appeal before final determination, whichever
date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons, whether by its directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking
in insurance company managerial experience as to make a
proposed operation hazardous to the insurance-buying public; or that there is good reason to believe it is affiliated
directly or indirectly through ownership, control, reinsurance
or other insurance or business relations, with any person or
persons whose business operations are or have been marked,
to the detriment of policyholders or stockholders or investors
or creditors or of the public, by bad faith or by manipulation
of assets, or of accounts, or of reinsurance.
(9) Does business through agents or brokers in this state
or in any other state who are not properly licensed under
applicable laws and duly enacted regulations adopted pursuant thereto. [1973 1st ex.s. c 152 § 1; 1969 ex.s. c 241 § 3;
1967 c 150 § 4; 1947 c 79 § .05.14; Rem. Supp. 1947 §
45.04.14.]
Severability—1973 1st ex.s. c 152: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 152 § 7.]
48.05.140
48.05.140 Certificate of authority—Discretionary
refusal, revocation, suspension. (Effective until July 1,
2009.) The commissioner may refuse, suspend, or revoke an
insurer’s certificate of authority, in addition to other grounds
therefor in this code, if the insurer:
(1) Fails to comply with any provision of this code other
than those for violation of which refusal, suspension, or revocation is mandatory, or fails to comply with any proper order
or regulation of the commissioner.
(2) Is found by the commissioner to be in such condition
that its further transaction of insurance in this state would be
hazardous to policyholders and the people in this state.
(3) Refuses to remove or discharge a director or officer
who has been convicted of any crime involving fraud, dishonesty, or like moral turpitude.
48.05.140
(2008 Ed.)
48.05.140 Certificate of authority—Discretionary
refusal, revocation, suspension. (Effective July 1, 2009.)
The commissioner may refuse, suspend, or revoke an
insurer’s certificate of authority, in addition to other grounds
therefor in this code, if the insurer:
(1) Fails to comply with any provision of this code other
than those for violation of which refusal, suspension, or revocation is mandatory, or fails to comply with any proper order
or regulation of the commissioner.
(2) Is found by the commissioner to be in such condition
that its further transaction of insurance in this state would be
hazardous to policyholders and the people in this state.
(3) Refuses to remove or discharge a director or officer
who has been convicted of any crime involving fraud, dishonesty, or like moral turpitude.
[Title 48 RCW—page 17]
48.05.150
Title 48 RCW: Insurance
(4) Usually compels claimants under policies either to
accept less than the amount due them or to bring suit against
it to secure full payment of the amount due.
(5) Is affiliated with and under the same general management, or interlocking directorate, or ownership as another
insurer which transacts insurance in this state without having
a certificate of authority therefor, except as is permitted by
this code.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination
or to produce its accounts, records, and files for examination
by the commissioner when required, or refuse to perform any
legal obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any policy, bond, recognizance, or undertaking issued or guaranteed by it, within thirty days after the
judgment became final or within thirty days after time for
taking an appeal has expired, or within thirty days after dismissal of an appeal before final determination, whichever
date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons, whether by its directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking
in insurance company managerial experience as to make a
proposed operation hazardous to the insurance-buying public; or that there is good reason to believe it is affiliated
directly or indirectly through ownership, control, reinsurance
or other insurance or business relations, with any person or
persons whose business operations are or have been marked,
to the detriment of policyholders or stockholders or investors
or creditors or of the public, by bad faith or by manipulation
of assets, or of accounts, or of reinsurance.
(9) Does business through insurance producers or title
insurance agents in this state or in any other state who are not
properly licensed under applicable laws and duly enacted
regulations adopted pursuant thereto. [2008 c 217 § 2; 1973
1st ex.s. c 152 § 1; 1969 ex.s. c 241 § 3; 1967 c 150 § 4; 1947
c 79 § .05.14; Rem. Supp. 1947 § 45.04.14.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—1973 1st ex.s. c 152: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 152 § 7.]
48.05.150 Notice of intention to refuse, revoke, or
suspend. The commissioner shall give an insurer notice of
his intention to suspend, revoke, or refuse to renew its certificate of authority not less than ten days before the order of
suspension, revocation or refusal is to become effective;
except that no advance notice of intention is required where
the order results from a domestic insurer’s failure to make
good a deficiency of assets as required by the commissioner.
[1947 c 79 § .05.15; Rem. Supp. 1947 § 45.05.15.]
48.05.150
48.05.170 Reauthorization, limitation upon. No
insurer whose certificate of authority has been suspended,
revoked, or refused shall subsequently be authorized unless
the grounds for such suspension, revocation, or refusal no
longer exist and the insurer is otherwise fully qualified.
[1947 c 79 § .05.17; Rem. Supp. 1947 § 45.05.17.]
48.05.170
48.05.180 Notice of refusal, revocation, suspension—
Effect upon agents’ authority. (Effective until July 1,
2009.) Upon the suspension, revocation or refusal of an
insurer’s certificate of authority, the commissioner shall give
notice thereof to the insurer and shall likewise suspend,
revoke or refuse the authority of its agents to represent it in
this state and give notice thereof to the agents. [1947 c 79 §
.05.18; Rem. Supp. 1947 § 45.05.18.]
48.05.180
48.05.180 Notice of refusal, revocation, suspension—
Effect upon insurance producers’ or title insurance
agents’ authority. (Effective July 1, 2009.) Upon the suspension, revocation or refusal of an insurer’s certificate of
authority, the commissioner shall give notice thereof to the
insurer and shall likewise suspend, revoke or refuse the
authority of its appointed insurance producers or title insurance agents to represent it in this state and give notice thereof
to these insurance producers or title insurance agents. [2008
c 217 § 3; 1947 c 79 § .05.18; Rem. Supp. 1947 § 45.05.18.]
48.05.180
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.05.185 Fine in addition or in lieu of suspension,
revocation, or refusal. After hearing or with the consent of
the insurer and in addition to or in lieu of the suspension,
revocation, or refusal to renew any certificate of authority the
commissioner may levy a fine upon the insurer in an amount
not less than two hundred fifty dollars and not more than ten
thousand dollars. The order levying such fine shall specify
the period within which the fine shall be fully paid and which
period shall not be less than fifteen nor more than thirty days
from the date of such order. Upon failure to pay any such fine
when due the commissioner shall revoke the certificate of
authority of the insurer if not already revoked, and the fine
shall be recovered in a civil action brought in behalf of the
commissioner by the attorney general. Any fine so collected
shall be paid by the commissioner to the state treasurer for the
account of the general fund. [1980 c 102 § 1; 1975 1st ex.s. c
266 § 3; 1965 ex.s. c 70 § 3.]
48.05.185
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.05.190 Name of insurer. (1) Every insurer shall
conduct its business in its own legal name.
(2) No insurer shall assume or use a name deceptively
similar to that of any other authorized insurer. [1947 c 79 §
.05.19; Rem. Supp. 1947 § 45.05.19.]
48.05.190
48.05.200 Commissioner as attorney for service of
process—Exception. (1) Each authorized foreign or alien
insurer shall appoint the commissioner as its attorney to
receive service of, and upon whom shall be served, all legal
process issued against it in this state upon causes of action
arising within this state. Service upon the commissioner as
48.05.200
48.05.160 Period of suspension. The commissioner
shall not suspend an insurer’s certificate of authority for a
period in excess of one year, and he shall state in his order of
suspension the period during which it shall be effective.
[1947 c 79 § .05.16; Rem. Supp. 1947 § 45.05.16.]
48.05.160
[Title 48 RCW—page 18]
(2008 Ed.)
Insurers—General Requirements
attorney shall constitute service upon the insurer. Service of
legal process against such insurer can be had only by service
upon the commissioner, except actions upon contractor
bonds pursuant to RCW 18.27.040, where service may be
upon the department of labor and industries.
(2) With the appointment the insurer shall designate by
name and address the person to whom the commissioner shall
forward legal process so served upon him or her. The insurer
may change such person by filing a new designation.
(3) The appointment of the commissioner as attorney
shall be irrevocable, shall bind any successor in interest or to
the assets or liabilities of the insurer, and shall remain in
effect as long as there is in force in this state any contract
made by the insurer or liabilities or duties arising therefrom.
[1985 c 264 § 3; 1947 c 79 § .05.20; Rem. Supp. 1947 §
45.05.20.]
48.05.210 Service of process—Procedure. (1) Duplicate copies of legal process against an insurer for whom the
commissioner is attorney shall be served upon him either by
a person competent to serve a summons, or by registered
mail. At the time of service the plaintiff shall pay to the commissioner ten dollars, taxable as costs in the action.
(2) The commissioner shall forthwith send one of the
copies of the process, by registered mail with return receipt
requested, to the person designated for the purpose by the
insurer in its most recent such designation filed with the commissioner.
(3) The commissioner shall keep a record of the day and
hour of service upon him of all legal process. No proceedings
shall be had against the insurer, and the insurer shall not be
required to appear, plead, or answer until the expiration of
forty days after the date of service upon the commissioner.
[1981 c 339 § 3; 1947 c 79 § .05.21; Rem. Supp. 1947 §
45.05.21.]
48.05.210
48.05.215 Unauthorized foreign or alien insurers—
Jurisdiction of state courts—Service of process—Procedure. (1) Any foreign or alien insurer not thereunto authorized by the commissioner, whether it be a surplus lines
insurer operating under chapter 48.15 RCW or not, who, by
mail or otherwise, solicits insurance business in this state or
transacts insurance business in this state as defined by RCW
48.01.060, thereby submits itself to the jurisdiction of the
courts of this state in any action, suit or proceeding instituted
by or on behalf of an insured, beneficiary or the commissioner arising out of such unauthorized solicitation of insurance business, including, but not limited to, an action for
injunctive relief by the commissioner.
(2) In any such action, suit or proceeding instituted by or
on behalf of an insured or beneficiary, service of legal process against such unauthorized foreign or alien insurer may
be made by service of duplicate copies of legal process on the
commissioner by a person competent to serve a summons or
by registered mail. At the time of service the plaintiff shall
pay to the commissioner ten dollars, taxable as costs in the
action. The commissioner shall forthwith mail one of the copies of the process, by registered mail with return receipt
requested, to the defendant at its last known principal place of
business. The defendant insurer shall have forty days from
48.05.215
(2008 Ed.)
48.05.270
the date of the service on the commissioner within which to
plead, answer or otherwise defend the action.
(3) In any such action, suit or proceeding by the commissioner, service of legal process against such unauthorized foreign or alien insurer may be made by personal service of legal
process upon any officer of such insurer at its last known
principal place of business outside the state of Washington.
The summons upon such unauthorized foreign or alien
insurer shall contain the same requisites and be served in like
manner as personal summons within the state of Washington;
except, the insurer shall have forty days from the date of such
personal service within which to plead, answer or otherwise
defend the action. [1981 c 339 § 4; 1967 c 150 § 3.]
48.05.220 Venue of actions against insurer. Suit upon
causes of action arising within this state against an insurer
upon an insurance contract shall be brought in the county
where the cause of action arose. [1947 c 79 § .05.22; Rem.
Supp. 1947 § 45.05.22.]
48.05.220
48.05.250 Annual statement. (1) Each domestic
insurer shall annually, on or before the first day of March, file
with the commissioner a true statement of its financial condition, transactions, and affairs as of the thirty-first day of
December preceding. The statement forms shall be in general form and context as approved by the National Association of Insurance Commissioners for the kinds of insurance to
be reported upon, and as supplemented for additional information required by this code and by the commissioner. The
statement shall be verified by the oaths of at least two of the
insurer’s officers.
(2) The annual statement of an alien insurer shall relate
only to its transactions and affairs in the United States unless
the commissioner requires otherwise. The statement shall be
verified by the insurer’s United States manager or by its
officers duly authorized.
(3) The commissioner shall suspend or revoke the certificate of authority of any insurer failing to file its annual statement when due or during any extension of time therefor
which the commissioner, for good cause, may grant. [2006 c
25 § 5; 1983 c 85 § 1; 1947 c 79 § .05.25; Rem. Supp. 1947 §
45.05.25.]
48.05.250
Advertising of financial condition: RCW 48.30.070.
Assets and liabilities: Chapter 48.12 RCW.
False financial statements: RCW 48.30.030.
48.05.270 Alien insurer—Capital funds, determination. (1) The capital funds of an alien insurer shall be
deemed to be the amount by which its assets, deposited and
otherwise held as provided in RCW 48.05.090 exceed its liabilities with respect to its business transacted in the United
States.
(2) Assets of such insurer held in any state for the special
protection of policyholders and obligees in such state shall
not constitute assets of the insurer for the purposes of this
code. Liabilities of the insurer so secured by such assets, but
not exceeding the amount of such assets, may be deducted in
computing the insurer’s liabilities for the purpose of this section. [1947 c 79 § .05.27; Rem. Supp. 1947 § 45.05.27.]
48.05.270
[Title 48 RCW—page 19]
48.05.280
Title 48 RCW: Insurance
48.05.280 Records and accounts of insurers. Every
insurer shall keep full and adequate accounts and records of
its assets, obligations, transactions, and affairs. [1947 c 79 §
.05.28; Rem. Supp. 1947 § 45.05.28.]
the manner provided in RCW 48.17.540. [1995 c 338 § 1;
1982 c 181 § 17; 1947 c 79 § .05.31; Rem. Supp. 1947 §
45.05.31.]
48.05.290 Withdrawal of insurer—Reinsurance. (1)
No insurer shall withdraw from this state until its direct liability to its policyholders and obligees under all its insurance
contracts then in force in this state has been assumed by
another authorized insurer under an agreement approved by
the commissioner. In the case of a life insurer, its liability
pursuant to contracts issued in this state in settlement of proceeds under its policies shall likewise be so assumed.
(2) The commissioner may waive this requirement if he
finds upon examination that a withdrawing insurer is then
fully solvent and that the protection to be given its policyholders in this state will not be impaired by the waiver.
(3) The assuming insurer shall within a reasonable time
replace the assumed insurance contracts with its own, or by
endorsement thereon acknowledge its liability thereunder.
[1947 c 79 § .05.29; Rem. Supp. 1947 § 45.05.29.]
48.05.320 Reports of fire losses. (1) Each authorized
insurer shall promptly report to the chief of the Washington
state patrol, through the director of fire protection, upon
forms as prescribed and furnished by him or her, each fire
loss of property in this state reported to it and whether the loss
is due to criminal activity or to undetermined causes.
(2) Each such insurer shall likewise report to the chief of
the Washington state patrol, through the director of fire protection, upon claims paid by it for loss or damage by fire in
this state. Copies of all reports required by this section shall
be promptly transmitted to the state insurance commissioner.
[1995 c 369 § 24; 1986 c 266 § 66; 1985 c 470 § 16; 1947 c
79 § .05.32; Rem. Supp. 1947 § 45.05.32.]
48.05.280
48.05.290
48.05.310 General agents, managers—Appointment—Powers—Licensing. (Effective until July 1, 2009.)
(1) An insurer appointing any person as its general agent or
manager to represent it as such in this state shall file notice of
the appointment with the commissioner on forms prescribed
and furnished by the commissioner.
(2) Any such general agent or manager shall have such
authority, consistent with this code, as may be conferred by
the insurer. A general agent resident in this state and licensed,
as in this section provided, may exercise the powers conferred by this code upon agents licensed for the kinds of
insurance which the general agent is authorized to transact for
the insurer so appointing him.
(3) Any such general agent may accept applications for
insurance from licensed agents who are not appointed by the
insurer of such general agent where the risk involved is
placed in a nonstandard or specialty market of an authorized
insurer as defined by regulation of the commissioner. Such
nonstandard or specialty business shall not be bound by any
agent not appointed by the insurer. A general agent may supply such licensed, nonappointed agent with material to write
nonstandard or specialty insurance business including, but
not limited to, applications for insurance, underwriting criteria, and rates. A general agent shall not provide any licensed,
nonappointed agent with indicia of authority to bind an insurance risk and the general agent and nonappointed agent shall
provide written disclaimers of binding authority to an applicant or prospective insured in such form as prescribed by the
commissioner.
(4) The appointment of a resident general agent shall not
be effective unless the person so appointed is licensed as the
general agent of such insurer by the commissioner upon
application and payment of the fee therefor as provided in
RCW 48.14.010.
(5) A general agent’s license and its renewal shall be in
accordance with chapter 48.17 RCW as applicable to agents
and brokers.
(6) The commissioner may deny, suspend, or revoke any
such license for any cause specified in RCW 48.17.530 and in
48.05.310
[Title 48 RCW—page 20]
Severability—1982 c 181: See note following RCW 48.03.010.
48.05.320
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW
43.44.010.
48.05.330 Insurers—Combination of kinds of insurance authorized—Exceptions. An insurer which otherwise
qualifies therefor may be authorized to transact any one kind
or combinations of kinds of insurance as defined in chapter
48.11 RCW, except:
(1) A life insurer may grant annuities and may be authorized to transact in addition only disability insurance; except,
that the commissioner may, if the insurer otherwise qualifies
therefor, continue so to authorize any life insurer which
immediately prior to June 13, 1963 was lawfully authorized
to transact in this state a kind or kinds of insurance in addition
to life and disability insurances and annuity business.
(2) A reciprocal insurer shall not transact life insurance.
(3) A title insurer shall be a stock insurer and shall not
transact any other kind of insurance. This provision shall not
prohibit the ceding of reinsurance by a title insurer to insurers
other than mutual or reciprocal insurers. [1963 c 195 § 6.]
48.05.330
48.05.340 Capital and surplus requirements. (1)
Subject to RCW 48.05.350 to qualify for authority to transact
any one kind of insurance as defined in chapter 48.11 RCW
or combination of kinds of insurance as set forth in this subsection, a foreign or alien insurer, whether stock or mutual, or
a domestic insurer must possess unimpaired paid-in capital
stock, if a stock insurer, or unimpaired surplus if a mutual
insurer, and additional funds in surplus, as follows, and must
thereafter maintain unimpaired a combined total of: (a) The
paid-in capital stock if a stock insurer or surplus if a mutual
insurer, plus (b) additional funds in surplus equal to the total
of the following initial requirements:
48.05.340
Kind or kinds
of insurance
Life . . . . . . . . . . . . .
Disability . . . . . . . . .
Life and disability . .
Property . . . . . . . . . .
Paid-in capital
stock or
basic surplus
$2,000,000
2,000,000
2,400,000
2,000,000
Additional
surplus
$2,000,000
2,000,000
2,400,000
2,000,000
(2008 Ed.)
Insurers—General Requirements
Marine & transportation . . . . . . . . . .
General casualty . . .
Vehicle . . . . . . . . . . .
Surety . . . . . . . . . . . .
Ocean marine and foreign trade . . . . .
Any two of the following kinds of insurance: Property,
marine & transportation, general
casualty, vehicle,
surety, ocean
marine and foreign
trade, disability
..............
Multiple lines (all
insurances except
life and title insurance) . . . . . . . . .
Title
2,000,000
2,400,000
2,000,000
2,000,000
2,000,000
2,400,000
2,000,000
2,000,000
2,000,000
2,000,000
3,000,000
3,000,000
3,000,000
2,000,000
3,000,000
2,000,000
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date—1991 sp.s. c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 5 § 3.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.05.350 General casualty insurer combining disability, fidelity, insurance. An insurer authorized to transact
general casualty insurance shall be authorized to transact dis(2008 Ed.)
ability insurance and fidelity insurance without requiring
additional financial qualifications. [1963 c 195 § 8.]
48.05.370 Fiduciary relationship to insurer of officers, directors or corporation holding controlling interest.
Officers and directors of an insurer or a corporation holding a
controlling interest in an insurer shall be deemed to stand in a
fiduciary relation to the insurer, and shall discharge the duties
of their respective positions in good faith, and with that diligence, care and skill which ordinary prudent men would
exercise under similar circumstances in like positions. [1969
ex.s. c 241 § 1.]
48.05.370
48.05.380 Reports by property and casualty insurers—Rules. The insurance commissioner shall adopt rules
requiring insurers who are authorized to write property and
casualty insurance in the state of Washington to record and
report their Washington state loss and expense experiences
and other data, as required by RCW 48.05.390. These rules
may not require a report to be submitted by any insurer that
has no data or experience to report. [2002 c 22 § 1; 1986 c
148 § 1; 1985 c 238 § 1.]
48.05.380
(2) Capital and surplus requirements are based upon all
the kinds of insurance transacted by the insurer wherever it
operates or proposes to operate, whether or not only a portion
of the kinds are to be transacted in this state.
(3) Until December 31, 1996, a foreign or alien insurer
holding a certificate of authority to transact insurance in this
state immediately prior to June 9, 1994, may continue to be
authorized to transact the same kinds of insurance as long as
it is otherwise qualified for that authority. A domestic
insurer, except a title insurer, holding a certificate of authority to transact insurance in this state immediately prior to
June 9, 1994, may continue to be authorized to transact the
same kinds of insurance as long as it is otherwise qualified
for such an authority and thereafter maintains unimpaired the
amount of paid-in capital stock, if a stock insurer, or basic
surplus, if a mutual or reciprocal insurer, and special or additional surplus as required of it under laws in force immediately prior to June 9, 1994. A domestic insurer that is
acquired or merged must, immediately after completion of an
acquisition or merger, meet the capital and surplus requirements of subsection (1) of this section. A domestic insurer,
upon attaining the capital and surplus requirements of subsection (1) of this section, may not return to the capital and
surplus requirements existing before June 9, 1994. [2007 c
127 § 1; 2005 c 223 § 2; 1995 c 83 § 14; 1994 c 171 § 1; 1993
c 462 § 50; 1991 sp.s. c 5 § 1; 1982 c 181 § 3; 1980 c 135 §
1; 1967 c 150 § 5; 1963 c 195 § 7.]
48.05.350
48.05.383
Effective date—1985 c 238: "The requirements of RCW 48.05.380 and
48.05.390 shall commence with the year-end report for the reporting period
ending December 31, 1986. In addition, the data required under RCW
48.05.390 shall be provided for the years 1975 through 1985 and shall be
filed with the commissioner on or before March 1, 1986." [1985 c 238 § 3.]
Severability—1985 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 238 § 4.]
48.05.383 Statement of actuarial opinion—Property
and casualty insurance. (1) Every property and casualty
insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled
"Statement of Actuarial Opinion." This opinion shall be filed
in accordance with the property and casualty annual statement instructions as adopted by the national association of
insurance commissioners.
(2) Every property and casualty insurance company
domiciled in this state that is required to submit a statement
of actuarial opinion shall annually submit an actuarial opinion summary, written by the company’s appointed actuary.
This actuarial opinion summary shall be filed in accordance
with the property and casualty annual statement instructions
as adopted by the national association of insurance commissioners and shall be considered as a document supporting the
actuarial opinion required in subsection (1) of this section.
(3) An insurance company authorized but not domiciled
in this state shall provide the actuarial opinion summary upon
request.
(4) An actuarial report and underlying work papers as
required by the property and casualty annual statement
instructions as adopted by the national association of insurance commissioners shall be prepared to support each actuarial opinion.
(5) If the insurance company fails to provide either a
supporting actuarial report or work papers, or both, at the
request of the commissioner or the commissioner determines
that the supporting actuarial report or work papers provided
48.05.383
[Title 48 RCW—page 21]
48.05.385
Title 48 RCW: Insurance
by the insurance company is otherwise unacceptable to the
commissioner, the commissioner may engage a qualified
actuary at the expense of the company to review the opinion
and the basis for the opinion and prepare the supporting actuarial report or work papers.
(6) The appointed actuary is not liable for damages to
any person, other than the insurance company, the commissioner, or both, for any act, error, omission, decision, or conduct with respect to the actuary’s opinion, except in cases of
fraud or willful misconduct on the part of the appointed actuary. [2006 c 25 § 1.]
Short title—2006 c 25 §§ 1-3: "Sections 1 through 3 of this act may be
known and cited as the property and casualty actuarial opinion law." [2006
c 25 § 4.]
Effective date—2006 c 25 §§ 1-4: "Sections 1 through 4 of this act take
effect December 31, 2007." [2006 c 25 § 18.]
48.05.385 Statement of actuarial opinion—Property
and casualty insurance—Confidentiality. (1) The statement of actuarial opinion shall be provided with the annual
statement in accordance with the property and casualty
annual statement instructions as adopted by the national association of insurance commissioners and shall be treated as a
public document.
(2) Documents, materials or other information in the
possession or control of the commissioner that are considered
an actuarial report, work papers, or actuarial opinion summary provided in support of the opinion, and any other material provided by the insurance company to the commissioner
in connection with the actuarial report, work papers, or actuarial opinion summary, is confidential by law and privileged,
is not subject to chapter 42.17 or 42.56 RCW, is not subject
to subpoena, and is not subject to discovery or admissible in
evidence in any private civil action.
(3) Subsection (2) of this section does not limit the commissioner’s authority to release the documents to the actuarial board for counseling and discipline so long as the material
is required for the purpose of professional disciplinary proceedings and the board establishes procedures satisfactory to
the commissioner for preserving the confidentiality of the
documents. Subsection (2) of this section does not limit the
commissioner’s authority to use the documents, materials, or
other information in furtherance of any regulatory or legal
action brought as part of the commissioner’s official duties.
(4) Neither the commissioner nor any person who
received documents, materials, or other information while
acting under the authority of the commissioner is permitted
or required to testify in any private civil action concerning
any confidential documents, materials, or information subject
to subsection (2) of this section.
(5) In order to assist in the performance of the commissioner’s duties, the commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents,
materials, or information subject to subsection (2) of this section with other state, federal, and international regulatory
agencies, with the national association of insurance commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided
that the recipient agrees to maintain the confidentiality and
48.05.385
[Title 48 RCW—page 22]
privileged status of the document, material, or other information and has the legal authority to maintain confidentiality;
(b) May receive documents, materials, or information,
including otherwise confidential and privileged documents,
materials, or information, from the national association of
insurance commissioners and its affiliates and subsidiaries,
and from regulatory and law enforcement officials of other
foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information
received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the
source of the document, material, or information; and
(c) May enter into agreements governing the sharing and
use of information consistent with this subsection.
(6) A waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information may
not occur as a result of disclosure to the commissioner under
this section or as a result of sharing as authorized in subsection (5) of this section. [2006 c 25 § 2.]
Short title—2006 c 25 §§ 1-3: See note following RCW 48.05.383.
Effective date—2006 c 25 §§ 1-4: See note following RCW 48.05.383.
48.05.390 Reports by various insurers—Contents.
(1) The report required by RCW 48.05.380 shall include the
types of insurance written by the insurer for policies pertaining to:
(a) Medical malpractice for physicians and surgeons,
hospitals, other health care professions, and other health care
facilities individually;
(b) Products liability. However, if comparable information is included in the annual statement required by RCW
48.05.250, products liability data must not be reported under
RCW 48.05.380;
(c) Attorneys’ malpractice;
(d) Architects’ and engineers’ malpractice;
(e) Municipal liability; and
(f) Day care center liability.
(2) The report shall include the following data by the
type of insurance for the previous year ending on the thirtyfirst day of December:
(a) Direct premiums written;
(b) Direct premiums earned;
(c) Net investment income, including net realized capital
gain and losses, using appropriate estimates where necessary;
(d) Incurred claims, development as the sum of the following:
(i) Dollar amount of claims closed with payments; plus
(ii) Reserves for reported claims at the end of the current
year; minus
(iii) Reserves for reported claims at the end of the previous year; plus
(iv) Reserves for incurred but not reported claims at the
end of the current year; minus
(v) Reserves for incurred but not reported claims at the
end of the previous year; plus
(vi) Reserves for loss adjustment expense at the end of
the current year; minus
(vii) Reserves for loss adjustment expense at the end of
the previous year.
48.05.390
(2008 Ed.)
Insurers—General Requirements
(e) Actual incurred expenses allocated separately to loss
adjustment, commissions, other acquisition costs, advertising, general office expenses, taxes, licenses and fees, and all
other expenses;
(f) Net underwriting gain or loss;
(g) Net operation gain or loss, including net investment
income; and
(h) Other information requested by the insurance commissioner.
(3) The report shall be filed annually with the commissioner, no later than the first day of May. [1994 c 131 § 7;
1988 c 248 § 6; 1986 c 148 § 2; 1985 c 238 § 2.]
Effective date—Severability—1985 c 238: See notes following RCW
48.05.380.
48.05.400 Annual filing and fee to National Association of Insurance Commissioners—Penalty. (1) Each
domestic, foreign, and alien insurer that is authorized to
transact insurance in this state shall annually, on or before
March 1 of each year, file with the National Association of
Insurance Commissioners a copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year. The
information filed with the National Association of Insurance
Commissioners shall be in the same format and scope as that
required by the commissioner and shall include the signed
jurate page and the actuarial certification. Any amendments
and addendums to the annual statement filing subsequently
filed with the commissioner shall also be filed with the
National Association of Insurance Commissioners.
(2) Coincident with the filing of its annual statement
convention blank and other filings, each such insurer shall
pay a reasonable fee directly to the National Association of
Insurance Commissioners in an amount approved by the
commissioner to cover the costs associated with the analysis
of the annual statement convention blank.
(3) Foreign insurers that are domiciled in a state which
has a law substantially similar to subsection (1) of this section
shall be considered to be in compliance with this section.
(4) In the absence of actual malice, members of the
National Association of Insurance Commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, National Association of Insurance Commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual statement convention blanks shall be acting as agents of the commissioner under the authority of this section and shall not be
subject to civil liability for libel, slander, or any other cause
of action by virtue of their collection, review, and analysis or
dissimilation of the data and information collected for the filings required under this section.
(5) The commissioner may suspend, revoke, or refuse to
renew the certificate of authority of any insurer failing to file
its annual statement or pay the fees when due or within any
extension of time which the commissioner, for good cause,
may have granted. [1987 c 132 § 1.]
48.05.400
48.05.410 Health care practitioner risk management
training. Effective July 1, 1994, each health care provider,
facility, or health maintenance organization that self-insures
48.05.410
(2008 Ed.)
48.05.430
for liability risks related to medical malpractice and employs
physicians or other independent health care practitioners in
Washington state shall condition each physician’s and practitioner’s liability coverage by that entity upon that physician’s
or practitioner’s participation in risk management training
offered by the provider, facility, or health maintenance organization to its employees. The risk management training shall
provide information related to avoiding adverse health outcomes resulting from substandard practice and minimizing
damages associated with those adverse health outcomes that
do occur. For purposes of this section, "independent health
care practitioner" means those health care practitioner licensing classifications designated by the department of health in
rule pursuant to *RCW 18.130.330. [1993 c 492 § 414.]
*Reviser’s note: RCW 18.130.330 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.05.430 Definitions. As used in RCW 48.05.430
through *48.05.490, these terms have the following meanings:
(1) "RBC" means risk-based capital.
(2) "NAIC" means the national association of insurance
commissioners.
(3) "Domestic insurer" means any insurance company
domiciled in this state.
(4) "Foreign or alien insurer" means any insurance company that is licensed to do business in this state under this
chapter but is not domiciled in this state.
(5) "Life and disability insurer" means any insurance
company authorized to write only life insurance, disability
insurance, or both, as defined in chapter 48.11 RCW.
(6) "Property and casualty insurer" means any insurance
company authorized to write only property insurance, marine
and transportation insurance, general casualty insurance,
vehicle insurance, or any combination thereof, including disability insurance, as defined in chapter 48.11 RCW.
(7) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required.
(8) "Negative trend" means, with respect to a life insurer,
a disability insurer, or a life and disability insurer, the negative trend over a period of time, as determined in accordance
with the trend test calculation included in the RBC instructions.
(9) "Adjusted RBC report" means an RBC report that has
been adjusted by the commissioner in accordance with RCW
48.05.435(5).
(10) "RBC instructions" means the RBC report including
risk-based capital instructions adopted by the NAIC.
(11) "RBC level" means an insurer’s company action
level RBC, regulatory action level RBC, authorized control
level RBC, or mandatory control level RBC where:
(a) "Company action level RBC" means, with respect to
any insurer, the product of 2.0 and its authorized control level
RBC;
(b) "Regulatory action level RBC" means the product
[of] 1.5 and its authorized control level RBC;
48.05.430
[Title 48 RCW—page 23]
48.05.435
Title 48 RCW: Insurance
(c) "Authorized control level RBC" means the number
determined under the risk-based capital formula in accordance with the RBC instructions; and
(d) "Mandatory control level RBC" means the product of
.70 and the authorized control level RBC.
(12) "RBC plan" means a comprehensive financial plan
containing the elements specified in RCW 48.05.440(2). If
the commissioner rejects the RBC plan, and it is revised by
the insurer, with or without the commissioner’s recommendation, the plan shall be called the "revised RBC plan."
(13) "RBC report" means the report required in RCW
48.05.435.
(14) "Total adjusted capital" means the sum of:
(a) An insurer’s statutory capital and surplus as determined in accordance with statutory accounting applicable to
the annual financial statements required to be filed under
RCW 48.05.250; and
(b) Other items, if any, as the RBC instructions may provide. [1995 c 83 § 1.]
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.435 Report of RBC levels—Formula for determining levels—Inaccurate reports adjusted by commissioner. (1) Every domestic insurer shall, on or prior to the filing date, which is hereby established as March 1, prepare and
submit to the commissioner a report of its RBC levels as of
the end of the calendar year just ended, in a form and containing that information required by the RBC instructions. In
addition, every domestic insurer shall file its RBC report:
(a) With the NAIC in accordance with the RBC instructions; and
(b) With the insurance commissioner in any state in
which the insurer is authorized to do business, if the insurance commissioner has notified the insurer of its request in
writing, in which case the insurer shall file its RBC report not
later than the later of:
(i) Fifteen days from the receipt of notice to file its RBC
report with that state; or
(ii) The filing date.
(2) A life and disability insurer’s RBC shall be determined in accordance with the formula set forth in the RBC
instructions. The formula shall take into account and may
adjust for the covariance between:
(a) The risk with respect to the insurer’s assets;
(b) The risk of adverse insurance experience with respect
to the insurer’s liabilities and obligations;
(c) The interest rate risk with respect to the insurer’s
business; and
(d) All other business risks and other relevant risks as are
set forth in the RBC instructions; determined in each case by
applying the factors in the manner set forth in the RBC
instructions.
(3) A property and casualty insurer’s RBC shall be determined in accordance with the formula set forth in the RBC
instructions. The formula shall take into account and may
adjust for the covariance between:
(a) Asset risk;
(b) Credit risk;
(c) Underwriting risk; and
(d) All other business risks and other relevant risks as are
set forth in the RBC instructions; determined in each case by
applying the factors in the manner set forth in the RBC
instructions.
(4) An excess of capital over the amount produced by the
RBC requirements and the formulas, schedules, and instructions under RCW 48.05.430 through *48.05.490 is desirable
in the business of insurance. Accordingly, insurers should
seek to maintain capital above the RBC levels required.
Additional capital is used and useful in the insurance business and helps to secure an insurer against various risks
inherent in, or affecting, the business of insurance and not
accounted for or only partially measured by the RBC requirements.
(5) If a domestic insurer files an RBC report that in the
judgment of the commissioner is inaccurate, then the commissioner shall adjust the RBC report to correct the inaccuracy and shall notify the insurer of the adjustment. The notice
shall contain a statement of the reason for the adjustment.
[1995 c 83 § 2.]
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.435
[Title 48 RCW—page 24]
48.05.440 Company action level event—Definition—
RBC plan—Commissioner’s review. (1) "Company action
level event" means any of the following events:
(a) The filing of an RBC report by an insurer indicating
that:
(i) The insurer’s total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its company action level RBC;
(ii) If a life and disability insurer, the insurer has total
adjusted capital that is greater than or equal to its company
action level RBC, but less than the product of its authorized
control level RBC and 2.5 and has a negative trend; or
(iii) If a property and casualty insurer, the insurer has
total adjusted capital that is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and met the trend test determined in accordance with the trend test calculation included
in the RBC instructions;
(b) The notification by the commissioner to the insurer
of an adjusted RBC report that indicates an event in (a) of this
subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460; or
(c) If, under RCW 48.05.460, an insurer challenges an
adjusted RBC report that indicates an event in (a) of this subsection, the notification by the commissioner to the insurer
that the commissioner has, after a hearing, rejected the
insurer’s challenge.
(2) In the event of a company action level event, the
insurer shall prepare and submit to the commissioner an RBC
plan that:
(a) Identifies the conditions that contribute to the company action level event;
(b) Contains proposals of corrective actions that the
insurer intends to take and would be expected to result in the
elimination of the company action level event;
(c) Provides projections of the insurer’s financial results
in the current year and at least the four succeeding years, both
in the absence of proposed corrective actions and giving
48.05.440
(2008 Ed.)
Insurers—General Requirements
effect to the proposed corrective actions, including projections of statutory operating income, net income, capital, and
surplus. The projections for both new and renewal business
might include separate projections for each major line of
business and separately identify each significant income,
expense, and benefit component;
(d) Identifies the key assumptions impacting the
insurer’s projections and the sensitivity of the projections to
the assumptions; and
(e) Identifies the quality of, and problems associated
with, the insurer’s business, including but not limited to its
assets, anticipated business growth and associated surplus
strain, extraordinary exposure to risk, mix of business, and
use of reinsurance, if any, in each case.
(3) The RBC plan shall be submitted:
(a) Within forty-five days of the company action level
event; or
(b) If the insurer challenges an adjusted RBC report
under RCW 48.05.460, within forty-five days after notification to the insurer that the commissioner has, after a hearing,
rejected the insurer’s challenge.
(4) Within sixty days after the submission by an insurer
of an RBC plan to the commissioner, the commissioner shall
notify the insurer whether the RBC plan may be implemented
or is, in the judgment of the commissioner, unsatisfactory. If
the commissioner determines the RBC plan is unsatisfactory,
the notification to the insurer shall set forth the reasons for
the determination, and may set forth proposed revisions that
will render the RBC plan satisfactory. Upon notification
from the commissioner, the insurer shall prepare a revised
RBC plan, that may incorporate by reference any revisions
proposed by the commissioner, and shall submit the revised
RBC plan to the commissioner:
(a) Within forty-five days after the notification from the
commissioner; or
(b) If the insurer challenges the notification from the
commissioner under RCW 48.05.460, within forty-five days
after a notification to the insurer that the commissioner has,
after a hearing, rejected the insurer’s challenge.
(5) In the event of a notification by the commissioner to
an insurer that the insurer’s RBC plan or revised RBC plan is
unsatisfactory, the commissioner may, subject to the
insurer’s rights to a hearing under RCW 48.05.460, specify in
the notification that the notification constitutes a regulatory
action level event.
(6) Every domestic insurer that files an RBC plan or
revised RBC plan with the commissioner shall file a copy of
the RBC plan or revised RBC plan with the insurance commissioner in any state in which the insurer is authorized to do
business if:
(a) The state has an RBC provision substantially similar
to RCW 48.05.465(1); and
(b) The insurance commissioner of that state has notified
the insurer of its request for the filing in writing, in which
case the insurer shall file a copy of the RBC plan or revised
RBC plan in that state no later than the later of:
(i) Fifteen days after the receipt of notice to file a copy of
its RBC plan or revised plan with the state; or
(ii) The date on which the RBC plan or revised RBC plan
is filed under subsections (3) and (4) of this section. [2006 c
25 § 6; 1995 c 83 § 3.]
(2008 Ed.)
48.05.445
48.05.445 Regulatory action level event—Definition—Commissioner’s duties—Corrective actions. (1)
"Regulatory action level event" means, with respect to any
insurer, any of the following events:
(a) The filing of an RBC report by the insurer indicating
that the insurer’s total adjusted capital is greater than or equal
to its authorized control level RBC but less than its regulatory
action level RBC;
(b) The notification by the commissioner to an insurer of
an adjusted RBC report that indicates the event in (a) of this
subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460;
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this subsection, the notification by the commissioner to the insurer
that the commissioner has, after a hearing, rejected the
insurer’s challenge;
(d) The failure of the insurer to file an RBC report by the
filing date, unless the insurer has provided an explanation for
such failure that is satisfactory to the commissioner and has
cured the failure within ten days after the filing date;
(e) The failure of the insurer to submit an RBC plan to
the commissioner within the time period set forth in RCW
48.05.440(3);
(f) Notification by the commissioner to the insurer that:
(i) The RBC plan or revised RBC plan submitted by the
insurer is, in the judgment of the commissioner, unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to the insurer, provided the insurer has not
challenged the determination under RCW 48.05.460;
(g) If, under RCW 48.05.460, the insurer challenges a
determination by the commissioner under (f) of this subsection, the notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the challenge;
(h) Notification by the commissioner to the insurer that
the insurer has failed to adhere to its RBC plan or revised
RBC plan, but only if the failure has a substantial adverse
effect on the ability of the insurer to eliminate the company
action level event in accordance with its RBC plan or revised
RBC plan and the commissioner has so stated in the notification, provided the insurer has not challenged the determination under RCW 48.05.460; or
(i) If, under RCW 48.05.460, the insurer challenges a
determination by the commissioner under (h) of this subsection, the notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the challenge.
(2) In the event of a regulatory action level event the
commissioner shall:
(a) Require the insurer to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;
(b) Perform the examination or analysis the commissioner deems necessary of the assets, liabilities, and operations of the insurer including a review of its RBC plan or
revised RBC plan; and
(c) Subsequent to the examination or analysis, issue an
order specifying those corrective actions the commissioner
determines are required.
(3) In determining corrective actions, the commissioner
may take into account those factors deemed relevant with
respect to the insurer based upon the commissioner’s exami48.05.445
[Title 48 RCW—page 25]
48.05.450
Title 48 RCW: Insurance
nation or analysis of the assets, liabilities, and operations of
the insurer, including, but not limited to, the results of any
sensitivity tests undertaken under the RBC instructions. The
RBC plan or revised RBC plan shall be submitted:
(a) Within forty-five days after the occurrence of the regulatory action level event;
(b) If the insurer challenges an adjusted RBC report
under RCW 48.05.460, and the challenge is not frivolous in
the judgment of the commissioner, within forty-five days
after the notification to the insurer that the commissioner has,
after a hearing, rejected the insurer’s challenge; or
(c) If the insurer challenges a revised RBC plan under
RCW 48.05.460, and the challenge is not frivolous in the
judgment of the commissioner, within forty-five days after
the notification to the insurer that the commissioner has, after
a hearing, rejected the insurer’s challenge.
(4) The commissioner may retain actuaries and investment experts and other consultants as may be necessary in the
judgment of the commissioner to review the insurer’s RBC
plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the insurer and formulate the corrective order with respect to the insurer. The fees, costs, and
expenses relating to consultants shall be borne by the affected
insurer or other party as directed by the commissioner. [1995
c 83 § 4.]
48.05.450 Authorized control level event—Definition—Commissioner’s duties. (1) "Authorized control
level event" means any of the following events:
(a) The filing of an RBC report by the insurer indicating
that the insurer’s total adjusted capital is greater than or equal
to its mandatory control level RBC but less than its authorized control level RBC;
(b) The notification by the commissioner to the insurer
of an adjusted RBC report that indicates the event in (a) of
this subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460;
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this subsection, notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the insurer’s
challenge;
(d) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order, provided
the insurer has not challenged the corrective order under
RCW 48.05.460; or
(e) If the insurer has challenged a corrective order under
RCW 48.05.460 and the commissioner has, after a hearing,
rejected the challenge or modified the corrective order, the
failure of the insurer to respond, in a manner satisfactory to
the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.
(2) In the event of an authorized control level event with
respect to an insurer, the commissioner shall:
(a) Take those actions required under RCW 48.05.445
regarding an insurer with respect to which a regulatory action
level event has occurred; or
(b) If the commissioner deems it to be in the best interests of the policyholders and creditors of the insurer and of
the public, take those actions necessary to cause the insurer to
be placed under regulatory control under chapter 48.31
48.05.450
[Title 48 RCW—page 26]
RCW. In the event the commissioner takes these actions, the
authorized control level event is sufficient grounds for the
commissioner to take action under chapter 48.31 RCW, and
the commissioner has the rights, powers, and duties with
respect to the insurer as are set forth in chapter 48.31 RCW.
In the event the commissioner takes actions under this subsection pursuant to an adjusted RBC report, the insurer is
entitled to those protections afforded to insurers under RCW
48.31.121 pertaining to summary proceedings. [1995 c 83 §
5.]
48.05.455 Mandatory control level event—Definition—Commissioner’s duties. (1) "Mandatory control level
event" means any of the following events:
(a) The filing of an RBC report indicating that the
insurer’s total adjusted capital is less than its mandatory control level RBC;
(b) Notification by the commissioner to the insurer of an
adjusted RBC report that indicates the event in (a) of this subsection, provided the insurer does not challenge the adjusted
RBC report under RCW 48.05.460; or
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this subsection, notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the insurer’s
challenge.
(2) In the event of a mandatory control level event:
(a) With respect to a life and disability insurer, the commissioner shall take those actions necessary to place the
insurer under regulatory control under chapter 48.31 RCW.
In that event, the mandatory control level event is sufficient
grounds for the commissioner to take action under chapter
48.31 RCW, and the commissioner has the rights, powers,
and duties with respect to the insurer as are set forth in chapter 48.31 RCW. If the commissioner takes actions pursuant to
an adjusted RBC report, the insurer is entitled to the protections of RCW 48.31.121 pertaining to summary proceedings.
However, the commissioner may forego action for up to
ninety days after the mandatory control level event if the
commissioner finds there is a reasonable expectation that the
mandatory control level event may be eliminated within the
ninety-day period.
(b) With respect to a property and casualty insurer, the
commissioner shall take those actions necessary to place the
insurer under regulatory control under chapter 48.31 RCW,
or, in the case of an insurer that is writing no business and that
is running-off its existing business, may allow the insurer to
continue its run-off under the supervision of the commissioner. In either event, the mandatory control level event is
sufficient grounds for the commissioner to take action under
chapter 48.31 RCW and the commissioner has the rights,
powers, and duties with respect to the insurer as are set forth
in chapter 48.31 RCW. If the commissioner takes actions
pursuant to an adjusted RBC report, the insurer is entitled to
the protections of RCW 48.31.121 pertaining to summary
proceedings. However, the commissioner may forego action
for up to ninety days after the mandatory control level event
if the commissioner finds there is a reasonable expectation
that the mandatory control level event may be eliminated
within the ninety-day period. [1995 c 83 § 6.]
48.05.455
(2008 Ed.)
Insurers—General Requirements
48.05.460 Insurer’s right to a hearing—Request—
Commissioner sets date. (1) Upon notification to an insurer
by the commissioner of any of the following, the insurer shall
have the right to a hearing, in accordance with chapters 48.04
and 34.05 RCW, at which the insurer may challenge any
determination or action by the commissioner:
(a) Of an adjusted RBC report; or
(b)(i) That the insurer’s RBC plan or revised RBC plan is
unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to such insurer; or
(c) That the insurer has failed to adhere to its RBC plan
or revised RBC plan and that such failure has a substantial
adverse effect on the ability of the insurer to eliminate the
company action level event with respect to the insurer in
accordance with its RBC plan or revised RBC plan; or
(d) Of a corrective order with respect to the insurer.
(2) The insurer shall notify the commissioner of its
request for a hearing within five days after the notification by
the commissioner under this section. Upon receipt of the
insurer’s request for a hearing, the commissioner shall set a
date for the hearing. The date shall be no less than ten nor
more than thirty days after the date of the insurer’s request.
[1995 c 83 § 7.]
48.05.460
48.05.465 Confidentiality of RBC reports and
plans—Use of information for comparative purposes—
Use of information to monitor solvency. (Effective until
July 1, 2009.) (1) All RBC reports, to the extent the information is not required to be set forth in a publicly available
annual statement schedule, and RBC plans, including the
results or report of any examination or analysis of an insurer
and any corrective order issued by the commissioner, with
respect to any domestic insurer or foreign insurer that are
filed with the commissioner constitute information that might
be damaging to the insurer if made available to its competitors, and therefore shall be kept confidential by the commissioner. This information shall not be made public or be subject to subpoena, other than by the commissioner and then
only for the purpose of enforcement actions taken by the
commissioner.
(2) The comparison of an insurer’s total adjusted capital
to any of its RBC levels is a regulatory tool that may indicate
the need for possible corrective action with respect to the
insurer, and is not a means to rank insurers generally. Therefore, except as otherwise required under the provisions of
RCW 48.05.430 through *48.05.490, the making, publishing,
disseminating, circulating, or placing before the public, or
causing, directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice,
circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement,
announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of any
insurer, or of any component derived in the calculation, by
any insurer, agent, broker, or other person engaged in any
manner in the insurance business would be misleading and is
therefore prohibited. However, if any materially false statement with respect to the comparison regarding an insurer’s
total adjusted capital to its RBC levels, or any of them, or an
48.05.465
(2008 Ed.)
48.05.465
inappropriate comparison of any other amount to the
insurer’s RBC levels is published in any written publication
and the insurer is able to demonstrate to the commissioner
with substantial proof the falsity of such statement, or the
inappropriateness, as the case may be, then the insurer may
publish an announcement in a written publication if the sole
purpose of the announcement is to rebut the materially false
statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are solely for use
by the commissioner in monitoring the solvency of insurers
and the need for possible corrective action with respect to
insurers and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate
proceeding nor used by the commissioner to calculate or
derive any elements of an appropriate premium level or rate
of return for any line of insurance that an insurer or any affiliate is authorized to write. [1995 c 83 § 8.]
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.465
48.05.465 Confidentiality of RBC reports and
plans—Use of information for comparative purposes—
Use of information to monitor solvency. (Effective July 1,
2009.) (1) All RBC reports, to the extent the information is
not required to be set forth in a publicly available annual
statement schedule, and RBC plans, including the results or
report of any examination or analysis of an insurer and any
corrective order issued by the commissioner, with respect to
any domestic insurer or foreign insurer that are filed with the
commissioner constitute information that might be damaging
to the insurer if made available to its competitors, and therefore shall be kept confidential by the commissioner. This
information shall not be made public or be subject to subpoena, other than by the commissioner and then only for the
purpose of enforcement actions taken by the commissioner.
(2) The comparison of an insurer’s total adjusted capital
to any of its RBC levels is a regulatory tool that may indicate
the need for possible corrective action with respect to the
insurer, and is not a means to rank insurers generally. Therefore, except as otherwise required under the provisions of
RCW 48.05.430 through 48.05.485, the making, publishing,
disseminating, circulating, or placing before the public, or
causing, directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice,
circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement,
announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of any
insurer, or of any component derived in the calculation, by
any insurer, insurance producer, title insurance agent, or
other person engaged in any manner in the insurance business
would be misleading and is therefore prohibited. However, if
any materially false statement with respect to the comparison
regarding an insurer’s total adjusted capital to its RBC levels,
or any of them, or an inappropriate comparison of any other
amount to the insurer’s RBC levels is published in any written publication and the insurer is able to demonstrate to the
commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, then the
[Title 48 RCW—page 27]
48.05.470
Title 48 RCW: Insurance
insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the
materially false statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are solely for use
by the commissioner in monitoring the solvency of insurers
and the need for possible corrective action with respect to
insurers and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate
proceeding nor used by the commissioner to calculate or
derive any elements of an appropriate premium level or rate
of return for any line of insurance that an insurer or any affiliate is authorized to write. [2008 c 217 § 4; 1995 c 83 § 8.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.05.470 Regulation of capital and surplus requirements is supplemental—Commissioner may grant
exemptions. (1) The provisions of RCW 48.05.430 through
*48.05.490 are supplemental to any other provisions of the
laws of this state, and shall not preclude or limit any other
powers or duties of the commissioner under those laws,
including, but not limited to, chapter 48.31 RCW.
(2) The commissioner may exempt any domestic property and casualty insurer from RCW 48.05.430 through
*48.05.490, if the insurer:
(a) Writes direct business only in this state;
(b) Writes direct annual premiums of two million dollars
or less; and
(c) Assumes no reinsurance in excess of five percent of
direct premiums written. [1995 c 83 § 9.]
48.05.470
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.475 RBC report from foreign or alien insurers—Request of commissioner—Commissioner’s options.
(1) Any foreign or alien insurer shall, upon the written
request of the commissioner, submit to the commissioner an
RBC report as of the end of the calendar year just ended by
the later of:
(a) The date an RBC report would be required to be filed
by a domestic insurer under RCW 48.05.435; or
(b) Fifteen days after the request is received by the foreign or alien insurer. Any foreign or alien insurer shall, at the
written request of the commissioner, promptly submit to the
commissioner a copy of any RBC plan that is filed with the
insurance commissioner of any other state.
(2) In the event of a company action level event, regulatory action level event, or authorized control level event with
respect to any foreign or alien insurer as determined under the
RBC statute applicable in the state of domicile of the insurer
or, if no RBC statute is in force in that state, under the provisions of RCW 48.05.430 through *48.05.490, if the insurance
commissioner of the state of domicile of the foreign or alien
insurer fails to require the foreign or alien insurer to file an
RBC plan in the manner specified under that state’s RBC
statute, the commissioner may require the foreign or alien
insurer to file an RBC plan. In this event, the failure of the
foreign or alien insurer to file an RBC plan is grounds to
order the insurer to cease and desist from writing new insurance business in this state.
48.05.475
[Title 48 RCW—page 28]
(3) In the event of a mandatory control level event with
respect to any foreign or alien insurer, if no domiciliary
receiver has been appointed with respect to the foreign or
alien insurer under the rehabilitation and liquidation statute
applicable in the state of domicile of the foreign or alien
insurer, the commissioner may apply for an order under
RCW 48.31.080 or 48.31.090 to conserve the assets within
this state of foreign or alien insurers, and the occurrence of
the mandatory control level event is considered adequate
grounds for the application. [1995 c 83 § 10.]
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.480 No liability for regulation of capital and
surplus requirements. There is no liability on the part of,
and no cause of action may arise against, the commissioner or
insurance department or its employees or agents for any
action taken by them in the performance of their powers and
duties under RCW 48.05.430 through *48.05.490. [1995 c
83 § 11.]
48.05.480
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.05.485 Notices by commissioner—When effective.
All notices by the commissioner to an insurer that may result
in regulatory action are effective upon dispatch if transmitted
by registered or certified mail, or in the case of any other
transmission are effective upon the insurer’s receipt of the
notice. [1995 c 83 § 12.]
48.05.485
48.05.510 Disclosure of certain material transactions—Insurer’s report—Information is confidential. (1)
Every insurer domiciled in this state shall file a report with
the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements unless these
acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner for review,
approval, or information purposes under other provisions of
this title or other requirements.
(2) The report required in subsection (1) of this section is
due within fifteen days after the end of the calendar month in
which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.05.515 through
48.05.535 are exempt from public inspection and copying
and are not subject to subpoena. These reports shall not be
made public by the commissioner, the national association of
insurance commissioners, or any other person, except to
insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer that would be affected by
disclosure notice and a hearing under chapter 48.04 RCW,
determines that the interest of policyholders, shareholders, or
the public will be served by the publication, in which event
48.05.510
(2008 Ed.)
Insurers—General Requirements
the commissioner may publish all or any part of the report in
the manner he or she deems appropriate. [1995 c 86 § 1.]
48.05.515 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported under
RCW 48.05.510 if the acquisitions or dispositions are not
material. For purposes of RCW 48.05.510 through 48.05.535,
a material acquisition, or the aggregate of any series of
related acquisitions during any thirty-day period; or disposition, or the aggregate of any series of related dispositions during any thirty-day period is an acquisition or disposition that
is nonrecurring and not in the ordinary course of business and
involves more than five percent of the reporting insurer’s
total assets as reported in its most recent statutory statement
filed with the commissioner. [1995 c 86 § 2.]
48.05.515
48.05.520 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.05.510 through
48.05.535 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting insurer or the acquisition of materials for such a
purpose.
(2) Asset dispositions subject to RCW 48.05.510
through 48.05.535 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
the assignment is for the benefit of creditors or otherwise.
[1995 c 86 § 3.]
48.05.520
48.05.525 Report of a material acquisition or disposition of assets—Information required. (1) The following
information is required to be disclosed in any report of a
material acquisition or disposition of assets:
(a) Date of the transaction;
(b) Manner of acquisition or disposition;
(c) Description of the assets involved;
(d) Nature and amount of the consideration given or
received;
(e) Purpose of or reason for the transaction;
(f) Manner by which the amount of consideration was
determined;
(g) Gain or loss recognized or realized as a result of the
transaction; and
(h) Names of the persons from whom the assets were
acquired or to whom they were disposed.
(2) Insurers are required to report material acquisitions
and dispositions on a nonconsolidated basis unless the insurer
is part of a consolidated group of insurers that utilizes a pooling arrangement or one hundred percent reinsurance agreement that affects the solvency and integrity of the insurer’s
reserves and such an insurer ceded substantially all of its
direct and assumed business to the pool. An insurer has ceded
substantially all of its direct and assumed business to a pool if
the insurer has less than one million dollars total direct plus
assumed written premiums during a calendar year that are not
subject to a pooling arrangement and the net income of the
business not subject to the pooling arrangement represents
less than five percent of the insurer’s capital and surplus.
[1995 c 86 § 4.]
48.05.525
(2008 Ed.)
48.05.535
48.05.530 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.05.510 if the
nonrenewals, cancellations, or revisions are not material. For
purposes of RCW 48.05.510 through 48.05.535, a material
nonrenewal, cancellation, or revision is one that affects:
(a) More than fifty percent of a property and casualty
insurer’s total ceded written premium;
(b) More than fifty percent of the property and casualty
insurer’s total ceded indemnity and loss adjustment reserves;
(c) More than fifty percent of a nonproperty and casualty
insurer’s total reserve credit taken for business ceded, on an
annualized basis, as indicated in the insurer’s most recent
annual statement;
(d) More than ten percent of an insurer’s total cession
when it is replaced by one or more unauthorized reinsurers;
or
(e) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if:
(a) A property and casualty insurer’s total ceded written
premium represents, on an annualized basis, less than ten percent of its total written premium for direct and assumed business; or
(b) A nonproperty and casualty insurer’s total reserve
credit taken for business ceded represents, on an annualized
basis, less than ten percent of the statutory reserve requirement prior to any cession. [1995 c 86 § 5.]
48.05.530
48.05.535 Report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements—Information required. (1) The following is required to be disclosed in any report of a material nonrenewal, cancellation, or
revision of ceded reinsurance agreements:
(a) The effective date of the nonrenewal, cancellation, or
revision;
(b) The description of the transaction with an identification of the initiator;
(c) The purpose of or reason for the transaction; and
(d) If applicable, the identity of the replacement reinsurers.
(2) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of
a consolidated group of insurers that utilizes a pooling
arrangement or one hundred percent reinsurance agreement
that affects the solvency and integrity of the insurer’s
reserves and the insurer ceded substantially all of its direct
and assumed business to the pool. An insurer has ceded substantially all of its direct and assumed business to a pool if the
insurer has less than one million dollars total direct plus
assumed written premiums during a calendar year that are not
subject to a pooling arrangement and the net income of the
business not subject to the pooling arrangement represents
less than five percent of the insurer’s capital and surplus.
[1995 c 86 § 6.]
48.05.535
[Title 48 RCW—page 29]
48.05.900
Title 48 RCW: Insurance
48.05.900 Severability—1995 c 83. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 83 § 15.]
48.05.900
Chapter 48.06 RCW
ORGANIZATION OF DOMESTIC INSURERS
Chapter 48.06
Sections
48.06.010
48.06.020
48.06.030
48.06.040
48.06.050
48.06.060
48.06.070
48.06.080
48.06.090
48.06.100
48.06.110
48.06.120
48.06.130
48.06.150
48.06.160
48.06.170
48.06.180
48.06.190
48.06.200
Types of domestic insurers permitted.
Assessment mutuals prohibited—Exceptions.
Solicitation permit.
Application for solicitation permit.
Procedure upon application.
Issuance of permit—Bond.
Duration of permit—Contents.
Permit as inducement.
Solicitors’ licenses.
Modification, revocation of permit.
Bond—Cash deposit.
Escrow of funds.
Liability of organizers—Organization expense.
Payment for subscriptions—Forfeiture.
Insurance applications—Mutual and reciprocal insurers.
Procedure on failure to complete organization or to qualify.
Subsequent financing.
Penalty for exhibiting false accounts, etc.
Incorporation, articles of—Contents.
48.06.010 Types of domestic insurers permitted. An
insurer formed in this state shall be either
(1) An incorporated stock insurer, or
(2) An incorporated mutual insurer, or
(3) An incorporated specific risks mutual property
insurer, or
(4) An incorporated mutual assessment property insurer
only, or
(5) An incorporated farm mutual assessment property
insurer only, or
(6) A reciprocal insurer, with respective powers, duties,
and restrictions as provided in this code. [1947 c 79 § .06.01;
Rem. Supp. 1947 § 45.06.01.]
48.06.010
48.06.020 Assessment mutuals prohibited—Exceptions. No insurer shall be formed or be authorized in this
state to issue contracts of insurance the performance of which
is contingent upon the payment of assessments, assessment
premiums, or calls made upon its members. Mutual assessment property insurers and farm mutual assessment property
insurers shall be the only exception to this provision. [1947 c
79 § .06.02; Rem. Supp. 1947 § 45.06.02.]
48.06.020
48.06.030 Solicitation permit. (1) No person forming
or proposing to form in this state an insurer, or insurance
holding corporation, or stock corporation to finance an
insurer or insurance production therefor, or corporation to
manage an insurer, or corporation to be attorney-in-fact for a
reciprocal insurer, or a syndicate for any of such purposes,
shall advertise, or solicit or receive any funds, agreement,
stock subscription, or membership on account thereof unless
he or she has applied for and has received from the commissioner a solicitation permit.
(2) Any person violating this section is guilty of a class
B felony and shall be subject to a fine of not more than ten
48.06.030
[Title 48 RCW—page 30]
thousand dollars or imprisonment for not more than ten years,
or by both fine and imprisonment. [2003 c 53 § 267; 1947 c
79 § .06.03; Rem. Supp. 1947 § 45.06.03.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.06.040 Application for solicitation permit. To
apply for a solicitation permit the person shall:
(1) File with the commissioner a request showing:
(a) Name, type, and purpose of insurer, corporation, or
syndicate proposed to be formed;
(b) Names, addresses, fingerprints for submission to the
Washington state patrol, the federal bureau of investigation,
and any governmental agency or entity authorized to receive
this information for a state and national criminal history
background check, and business records of each person associated or to be associated in the formation of the proposed
insurer, corporation, or syndicate;
(c) Full disclosure of the terms of all understandings and
agreements existing or proposed among persons so associated relative to the proposed insurer, corporation, or syndicate, or the formation thereof;
(d) The plan according to which solicitations are to be
made; and
(e) Additional information as the commissioner may reasonably require.
(2) File with the commissioner:
(a) Original and copies in triplicate of proposed articles
of incorporation, or syndicate agreement; or, if the proposed
insurer is a reciprocal, original and duplicate of the proposed
subscribers’ agreement and attorney-in-fact agreement;
(b) Original and duplicate copy of any proposed bylaws;
(c) Copy of any security proposed to be issued and copy
of application or subscription agreement for that security;
(d) Copy of any insurance contract proposed to be
offered and copy of application for that contract;
(e) Copy of any prospectus, advertising, or literature proposed to be used; and
(f) Copy of proposed form of any escrow agreement
required.
(3) Deposit with the commissioner the fees required by
law to be paid for the application including fees associated
with the state and national criminal history background
check, for filing of the articles of incorporation of an insurer,
for filing the subscribers’ agreement and attorney-in-fact
agreement if the proposed insurer is a reciprocal, for the
solicitation permit, if granted, and for filing articles of incorporation with the secretary of state. [2002 c 227 § 1; 1967 c
150 § 6; 1947 c 79 § .06.04; Rem. Supp. 1947 § 45.06.04.]
48.06.040
Effective date—2002 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 227 § 6.]
48.06.050 Procedure upon application. The commissioner shall expeditiously examine the application for a solicitation permit and make any investigation relative thereto
deemed necessary. If the commissioner finds that
(1) the application is complete; and
(2) the documents therewith filed are equitable in terms
and proper in form; and
48.06.050
(2008 Ed.)
Organization of Domestic Insurers
(3) the management of the company, whether by its
directors, officers, or by any other means is competent and
trustworthy and not so lacking in managerial experience as to
make a proposed operation hazardous to the insurance-buying public; and that there is no reason to believe the company
is affiliated, directly or indirectly, through ownership, control, reinsurance, or other insurance or business relations,
with any other person or persons whose business operations
are or have been marked, to the detriment of the policyholders or stockholders or investors or creditors or of the public,
by bad faith or by manipulation of assets, or of accounts, or of
reinsurance; and
(4) the agreements made or proposed are equitable to
present and future shareholders, subscribers, members or policyholders, he shall give notice to the applicant that he will
issue a solicitation permit, stating the terms to be contained
therein, upon the filing of the bond required by RCW
48.06.110 of this code.
If the commissioner does not so find, he shall give notice
to the applicant that the permit will not be granted, stating the
grounds therefor, and shall refund to the applicant all sums so
deposited except the application fee. [1967 c 150 § 7; 1947 c
79 § .06.05; Rem. Supp. 1947 § 45.06.05.]
48.06.060 Issuance of permit—Bond. Upon the filing
of the bond required by RCW 48.06.110 after notice by the
commissioner, the commissioner shall:
(1) File the articles of incorporation of the proposed
incorporated insurer or other corporation; and
(2) Issue to the applicant a solicitation permit. [1998 c
23 § 1; 1947 c 79 § .06.06; Rem. Supp. 1947 § 45.06.06.]
48.06.060
48.06.070 Duration of permit—Contents. Every
solicitation permit issued by the commissioner shall:
(1) Be for a period of not over two years, subject to the
right of the commissioner to grant a reasonable extension for
good cause.
(2) State the securities for which subscriptions are to be
solicited, the number, classes, par value, and selling price
thereof, or identify the insurance contract for which applications and advance premiums or deposits are to be solicited.
(3) Limit the portion of funds received on account of
stock or syndicate subscriptions, if any are proposed to be
taken, which may be used for promotion and organization
expenses to such amount as he deems adequate, but in no
event to exceed fifteen percent of such funds as and when
actually received.
(4) If to be a mutual or reciprocal insurer, limit the portion of funds received on account of applications for insurance which may be used for promotion or organization
expenses to a reasonable commission upon such funds, giving consideration to the kind of insurance and policy
involved and to the costs incurred by insurers generally in the
production of similar business, and provide that no such commission shall be deemed to be earned nor be paid until the
insurer has received its certificate of authority and the policies applied for and upon which such commission is to be
based, have been actually issued and delivered.
(5) Contain such other information required by this chapter or reasonable conditions relative to accounting and reports
48.06.070
(2008 Ed.)
48.06.110
or otherwise as the commissioner deems necessary. [1953 c
197 § 1; 1947 c 79 § .06.07; Rem. Supp. 1947 § 45.06.07.]
48.06.080 Permit as inducement. The granting of a
solicitation permit is permissive only and shall not constitute
an endorsement by the commissioner of any person or thing
related to the proposed insurer, corporation, or syndicate and
the existence of the permit shall not be advertised or used as
an inducement in any solicitation. The substance of this section in bold faced type not less than ten point shall be printed
at the top of each solicitation permit. [1947 c 79 § .06.08;
Rem. Supp. 1947 § 45.06.08.]
48.06.080
48.06.090 Solicitors’ licenses. Solicitation for sale of
securities to members of the public under a solicitation permit shall be made only by individuals licensed therefor pursuant to the provisions of the securities act. [1949 c 190 § 5;
1947 c 79 § .06.09; Rem. Supp. 1949 § 45.06.09.]
48.06.090
48.06.100 Modification, revocation of permit. (1) The
commissioner may, for cause, modify a solicitation permit, or
may, after a hearing, revoke any solicitation permit for violation of any provision of this code, or of the terms of the permit, or of any proper order of the commissioner, or for misrepresentation.
(2) The commissioner shall revoke a solicitation permit
if requested in writing by a majority of the syndicate members, or by a majority of the incorporators and two-thirds of
the subscribers to stock or applicants for insurance in the proposed incorporated insurer or corporation, or if he is so
requested by a majority of the subscribers of a proposed
reciprocal insurer. [1947 c 79 § .06.10; Rem. Supp. 1947 §
45.06.10.]
48.06.100
48.06.110 Bond—Cash deposit. (1) The commissioner
shall not issue a solicitation permit until the person applying
therefor files with him a corporate surety bond in the penalty
of fifty thousand dollars, in favor of the state and for the use
and benefit of the state and of subscribers and creditors of the
proposed organization.
The bond shall be conditioned upon the payment of costs
incurred by the state in event of any legal proceedings for liquidation or dissolution of the proposed organization before
completion of organization or in event a certificate of authority is not granted; and upon a full accounting for funds
received until the proposed insurer has been granted its certificate of authority, or until the proposed corporation or syndicate has completed its organization as defined in the solicitation permit.
(2) In lieu of filing such bond, the person may deposit
with the commissioner fifty thousand dollars in cash or in
United States government bonds at par value, to be held in
trust upon the same conditions as required for the bond.
(3) The commissioner may waive the requirement for a
bond or deposit in lieu thereof if the permit provides that:
(a) The proposed securities are to be distributed solely
and finally to those few persons who are the active promotors
intimate to the formation of the insurer, or other corporation
or syndicate, or
48.06.110
[Title 48 RCW—page 31]
48.06.120
Title 48 RCW: Insurance
(b) The securities are to be issued in connection with
subsequent financing as provided in RCW 48.06.180.
(4) Any bond filed or deposit or remaining portion
thereof held under this section shall be released and discharged upon settlement or termination of all liabilities
against it. [1969 ex.s. c 241 § 2; 1955 c 86 § 2; 1953 c 197 §
2; 1947 c 79 § .06.11; Rem. Supp 1947 § 45.06.11.]
Effective date—Supervision of transfers—1955 c 86: See notes following RCW 48.05.080.
48.06.120 Escrow of funds. (1) All funds received pursuant to a solicitation permit shall be deposited and held in
escrow in a bank or trust company under an agreement
approved by the commissioner. No part of any such deposit
shall be withdrawn, except:
(a) For the payment of promotion and organization
expenses as authorized by the solicitation permit; or
(b) for the purpose of making any deposit with the commissioner required for the issuance of a certificate of authority to an insurer; or
(c) if the proposed organization is not to be an insurer,
upon completion of payments on stock or syndicate subscriptions made under the solicitation permit and deposit or appropriation of such funds to the purposes specified in the solicitation permit; or
(d) for making of refunds as provided in RCW
48.06.170.
(2) When the commissioner has issued a certificate of
authority to an insurer any such funds remaining in escrow
for its account shall be released to the insurer. [1947 c 79 §
.06.12; Rem. Supp. 1947 § 45.06.12.]
48.06.120
48.06.130 Liability of organizers—Organization
expense. (1) The incorporators of any insurer or other corporation, or the persons proposing to form a reciprocal insurer,
or a syndicate, shall be jointly and severally liable for its
debts or liabilities until it has secured a certificate of authority, if an insurer, or has completed its organization if a corporation other than an insurer or a syndicate.
(2) Any portion of funds received on account of stock or
syndicate subscriptions which is allowed therefor under the
solicitation permit, may be applied concurrently toward the
payment of promotion and organization expense theretofore
incurred. [1947 c 79 § .06.13; Rem. Supp. 1947 § 45.06.13.]
shall so provide. [1947 c 79 § .06.15; Rem. Supp. 1947 §
45.06.15.]
48.06.160 Insurance applications—Mutual and
reciprocal insurers. All applications for insurance obtained
in forming a mutual or reciprocal insurer shall provide that:
(1) Issuance of the policy is contingent upon completion
of organization of the insurer and issuance to it of a certificate
of authority; and
(2) the prepaid premium or deposit will be refunded in
full to the applicant if the organization is not completed and
certificate of authority issued prior to the solicitation permit’s
date of expiration; and
(3) the agreement for insurance is not effective until a
policy has been issued under it. [1947 c 79 § .06.16; Rem.
Supp. 1947 § 45.06.16.]
48.06.160
48.06.170 Procedure on failure to complete organization or to qualify. The commissioner shall withdraw all
funds held in escrow and refund to subscribers or applicants
all sums paid in on stock or syndicate subscriptions, less that
part of such sums paid in on subscriptions as has been
allowed and used for promotion and organization expenses,
and all sums paid in on insurance applications, and shall dissolve the proposed insurer, corporation or syndicate if
(1) the proposed insurer, corporation or syndicate fails to
complete its organization and obtain full payment for subscriptions and applications, and, if an insurer, it fails to secure
its certificate of authority, all before expiration of the solicitation permit; or
(2) the commissioner revokes the solicitation permit.
[1947 c 79 § .06.17; Rem. Supp. 1947 § 45.06.17.]
48.06.170
48.06.130
48.06.150 Payment for subscriptions—Forfeiture.
(1) No such proposed stock insurer, corporation, or syndicate
shall issue any share of stock or participation agreement
except for payment in cash or in securities eligible for investment of funds of insurers. No such shares or agreement shall
be issued until all subscriptions received under the solicitation permit have been so fully paid, nor, if an insurer, until a
certificate of authority has been issued to it.
(2) Every subscription contract to shares of a stock
insurer or other corporation calling for payment in installments, together with all amounts paid thereon may be forfeited at the option of the corporation, upon failure to make
good a delinquency in any installment upon not less than
forty-five days’ notice in writing, and every such contract
48.06.150
[Title 48 RCW—page 32]
48.06.180 Subsequent financing. (1) No domestic
insurer, or insurance holding corporation, or stock corporation for financing operations of a mutual insurer, or attorneyin-fact corporation of a reciprocal insurer, after
(a) it has received a certificate of authority, if an insurer,
or
(b) it has completed its initial organization and financing
if a corporation other than an insurer, shall solicit or receive
funds in exchange for any new issue of its corporate securities, other than through a stock dividend, until it has applied
to the commissioner for, and has been granted, a solicitation
permit.
(2) The commissioner shall issue such a permit unless he
finds that:
(a) The funds proposed to be secured are excessive in
amount for the purpose intended, or
(b) the proposed securities or the manner of their distribution are inequitable, or
(c) the issuance of the securities would jeopardize the
interests of policyholders or the holders of other securities of
the insurer or corporation.
(3) Any such solicitation permit granted by the commissioner shall be for such duration, and shall contain such terms
and be issued upon such conditions as the commissioner may
reasonably specify or require. [1949 c 190 § 6; 1947 c 79 §
.06.18; Rem. Supp. 1949 § 45.06.18.]
48.06.180
(2008 Ed.)
Domestic Insurers—Powers
48.06.190 Penalty for exhibiting false accounts, etc.
Every person who, with intent to deceive, knowingly exhibits
any false account, or document, or advertisement, relative to
the affairs of any insurer, or of any corporation or syndicate
of the kind enumerated in RCW 48.06.030, formed or proposed to be formed, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 268; 1947 c
79 § .06.19; Rem. Supp. 1947 § 45.06.19.]
48.06.190
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.06.200 Incorporation, articles of—Contents. (1)
This section applies to insurers incorporated in this state, but
no insurer heretofore lawfully incorporated in this state is
required to reincorporate or change its articles of incorporation by reason of any provisions of this section.
(2) The incorporators shall be individuals who are
United States citizens, of whom two-thirds shall be residents
of this state. The number of incorporators shall be not less
than five if a stock insurer, nor less than ten if a mutual
insurer.
(3) The incorporators shall execute articles of incorporation in duplicate, acknowledge their signatures thereunto
before an officer authorized to take acknowledgments of
deeds, and file both copies with the commissioner.
(4) After approval of the articles by the commissioner,
one copy shall be filed in the office of the commissioner and
the other copy shall be returned to the insurer.
(5) The articles of incorporation shall state:
First: The names and addresses of the incorporators.
Second: The name of the insurer. If a mutual insurer the
name shall include the word "mutual."
Third: (a) The objects for which the insurer is formed;
(b) whether it is a stock or mutual insurer, and if a mutual
property insurer only, whether it will insure on the cash premium or assessment plan;
(c) the kinds of insurance it will issue, according to the
designations made in this code.
Fourth: If a stock insurer, the amount of its capital, the
aggregate number of shares, and the par value of each share,
which par value shall be not less than ten dollars, except that
after the corporation has transacted business as an authorized
insurer in the state for five years or more, its articles of incorporation may be amended, at the option of its stockholders, to
provide for a par value of not less than one dollar per share. If
a mutual insurer, the maximum contingent liability of its policyholders for the payment of its expenses and losses occurring under its policies.
Fifth: The duration of its existence, which may be perpetual.
Sixth: The names and addresses of the directors, not less
than five in number, who shall constitute the board of directors of the insurer for the initial term, not less than two nor
more than six months, as designated in the articles of incorporation.
Seventh: The name of the city or town of this state in
which the insurer’s principal place of business is to be
located.
Eighth: Other provisions not inconsistent with law as
may be deemed proper by the incorporators. [1998 c 23 § 2;
48.06.200
(2008 Ed.)
48.07.040
1981 c 302 § 37; 1963 c 60 § 1; 1949 c 190 § 7; 1947 c 79 §
.06.20; Rem. Supp. 1949 § 45.06.20.]
Severability—1981 c 302: See note following RCW 19.76.100.
Chapter 48.07
Chapter 48.07 RCW
DOMESTIC INSURERS—POWERS
Sections
48.07.010
48.07.020
48.07.030
48.07.040
48.07.050
48.07.060
48.07.070
48.07.080
48.07.100
48.07.110
48.07.130
48.07.140
48.07.150
48.07.160
48.07.170
48.07.180
48.07.190
48.07.200
48.07.210
Application of code to existing insurers.
Principal office.
Application of general corporation laws.
Annual, special meetings.
Directors—Qualifications—Removal.
Corrupt practices—Penalty.
Amendment of articles of incorporation.
Guarantee of officers’ obligations prohibited.
Vouchers for expenditures.
Depositaries.
Pecuniary interest of officer or director, restrictions upon.
Compliance with foreign laws.
Solicitations in other states.
Continuing operation in event of national emergency—Declaration of purpose—"Insurer" defined.
Continuing operation in event of national emergency—Emergency bylaws.
Continuing operation in event of national emergency—Directors.
Continuing operation in event of national emergency—Officers.
Continuing operation in event of national emergency—Principal office and place of business.
Conversion to domestic insurer.
Business corporations: Title 23B RCW.
Dissolution and winding up business corporation: Chapter 23B.14 RCW.
Interlocking ownership, management: RCW 48.30.250.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
48.07.010 Application of code to existing insurers.
Existing authorized domestic insurers shall continue to insure
only in accordance with the provisions of this code. [1947 c
79 § .07.01; Rem. Supp. 1947 § 45.07.01.]
48.07.010
48.07.020 Principal office. Every domestic insurer
shall establish and maintain in this state its principal office
and place of business. [1947 c 79 § .07.02; Rem. Supp. 1947
§ 45.07.02.]
48.07.020
48.07.030 Application of general corporation laws.
The laws of this state relating to private corporations, except
where inconsistent with the express provisions of this code,
shall govern the corporate powers, duties, and relationships
of incorporated domestic insurers and insurance holding corporations formed under the laws of the state of Washington.
[1985 c 364 § 1; 1947 c 79 § .07.03; Rem. Supp. 1947 §
45.07.03.]
48.07.030
Severability—1985 c 364: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 364 § 5.]
Provisions as to general business corporations: Title 23B RCW.
48.07.040 Annual, special meetings. Each incorporated domestic insurer shall hold an annual meeting of its
shareholders or members at such time and place as may be
stated in or fixed in accordance with its bylaws for the pur48.07.040
[Title 48 RCW—page 33]
48.07.050
Title 48 RCW: Insurance
pose of receiving reports of its affairs and to elect directors.
Each domestic insurance holding corporation shall hold an
annual meeting of its shareholders at such time and place as
may be stated in or fixed in accordance with its bylaws. Special meetings of the shareholders of an incorporated domestic
insurer or domestic insurance holding corporation shall be
called and held by such persons and in such a manner as
stated in the articles of incorporation or bylaws. [2002 c 300
§ 5; 1985 c 364 § 2; 1965 ex.s. c 70 § 4; 1947 c 79 § .07.04;
Rem. Supp. 1947 § 45.07.04.]
Severability—1985 c 364: See note following RCW 48.07.030.
48.07.050 Directors—Qualifications—Removal. Not
less than three-fourths of the directors of an incorporated
domestic insurer shall be United States or Canadian citizens,
and a majority of the board of directors of a mutual life
insurer shall be residents of this state. The directors of a
domestic insurer or domestic insurance holding corporation
may be removed with cause by a vote of a majority of its voting capital stock or members (if a mutual insurer) at a valid
meeting and said directors may be removed without cause by
a vote of sixty-seven percent of its voting capital stock or
members (if a mutual insurer) at a valid meeting. [1989 c 24
§ 1; 1985 c 364 § 3; 1957 c 193 § 21; 1947 c 79 § .07.05;
Rem. Supp. 1947 § 45.07.05.]
48.07.050
Severability—1985 c 364: See note following RCW 48.07.030.
48.07.060 Corrupt practices—Penalty. No person
shall buy or sell or barter a vote or proxy, relative to any
meeting of shareholders or members of an incorporated
domestic insurer, or engage in any corrupt or dishonest practice in or relative to the conduct of any such meeting. Violation of this section shall constitute a gross misdemeanor.
[1947 c 79 § .07.06; Rem. Supp. 1947 § 45.07.06.]
This prohibition shall not apply to obligations of the
insurer under surety bonds or insurance contracts issued in
the regular course of business. [1947 c 79 § .07.08; Rem.
Supp. 1947 § 45.07.08.]
48.07.100
48.07.100 Vouchers for expenditures. (1) No domestic insurer shall make any disbursement of twenty-five dollars or more, unless evidenced by a voucher correctly
describing the consideration for the payment and supported
by a check or receipt endorsed or signed by or on behalf of
the person receiving the money.
(2) If the disbursement is for services and reimbursement, the voucher shall describe the services and itemize the
expenditures.
(3) If the disbursement is in connection with any matter
pending before any legislature or public body or before any
public official, the voucher shall also correctly describe the
nature of the matter and of the insurer’s interest therein.
[1947 c 79 § .07.10; Rem. Supp. 1947 § 45.07.10.]
48.07.110
48.07.110 Depositaries. The funds of a domestic
insurer shall not be deposited in any bank or banking institution which has not first been approved as a depositary by the
insurer’s board of directors or by a committee thereof designated for the purpose. [1947 c 79 § .07.11; Rem. Supp. 1947
§ 45.07.11.]
48.07.060
48.07.070 Amendment of articles of incorporation.
(1) Unless a vote of a greater proportion of directors or shares
is required by its articles of incorporation, amendments to the
articles of incorporation of a domestic insurer or a domestic
insurance holding corporation shall be made by a majority
vote of its board of directors and the vote or written assent of
a majority of its voting capital stock, or two-thirds of the
members (if a mutual insurer) voting at a valid meeting of
members.
(2) The president and secretary of the insurer shall, under
the corporate seal, certify the amendment in duplicate, and
file both copies in the office of the commissioner as required
under this code for original articles of incorporation. Thereupon, subject to the requirements of RCW 48.08.010 relative
to increase of capital stock of a stock insurer, the amendment
shall become effective. [1998 c 23 § 3; 1985 c 364 § 4; 1981
c 302 § 38; 1947 c 79 § .07.07; Rem. Supp. 1947 § 45.07.07.]
48.07.070
Severability—1985 c 364: See note following RCW 48.07.030.
Severability—1981 c 302: See note following RCW 19.76.100.
48.07.080 Guarantee of officers’ obligations prohibited. No domestic insurer or its affiliates or subsidiaries shall
guarantee the financial obligation of any director or officer of
such insurer or affiliate or subsidiary in his personal capacity,
and any such guaranty attempted shall be void.
48.07.080
[Title 48 RCW—page 34]
48.07.130
48.07.130 Pecuniary interest of officer or director,
restrictions upon. (1) No person having any authority in the
investment or disposition of the funds of a domestic insurer
and no officer or director of an insurer shall accept, except for
the insurer, or be the beneficiary of any fee, brokerage, gift,
commission, or other emolument because of any sale of
insurance or of any investment, loan, deposit, purchase, sale,
payment, or exchange made by or for the insurer, or be pecuniarily interested therein in any capacity; except, that such a
person may procure a loan from the insurer direct upon
approval by two-thirds of its directors and upon the pledge of
securities eligible for the investment of the insurer’s funds
under this code.
(2) This section does not prohibit a life insurer from
making a policy loan to such person on a life insurance contract issued by it and in accordance with the terms thereof.
(3) The commissioner may permit additional exceptions
to the prohibition contained in subsection (1) of this section
to enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the insurer, or
to a corporation or firm in which the director is interested, for
necessary services performed or sales or purchases made to
or for the insurer in the ordinary course of the insurer’s business and in the usual private professional or business capacity
of such director or such corporation or firm.
In addition, the commissioner may permit exceptions to
the prohibitions contained in subsection (1) of this section
where the payment of a fee, brokerage, gift, commission, or
other emolument is fully disclosed to the insurer’s officers
and directors and is reasonable in relation to the service performed. [1989 c 228 § 1; 1981 c 339 § 5; 1947 c 79 § .07.13;
Rem. Supp. 1947 § 45.07.13.]
(2008 Ed.)
Domestic Insurers—Powers
48.07.140 Compliance with foreign laws. Any domestic insurer doing business in another state, territory or sovereignty may design and issue insurance contracts and transact
insurance in such state, territory or sovereignty as required or
permitted by the laws thereof, any provision of the insurer’s
articles of incorporation or bylaws notwithstanding. [1947 c
79 § .07.14; Rem. Supp. 1947 § 45.07.14.]
48.07.140
48.07.150 Solicitations in other states. (1) No domestic insurer shall knowingly solicit insurance business in any
reciprocating state in which it is not then licensed as an
authorized insurer.
(2) This section shall not prohibit advertising through
publications and radio broadcasts originating outside such
reciprocating state, if the insurer is licensed in a majority of
the states in which such advertising is disseminated, and if
such advertising is not specifically directed to residents of
such reciprocating state.
(3) This section shall not prohibit insurance, covering
persons or risks located in a reciprocating state, under contracts solicited and issued in states in which the insurer is then
licensed. Nor shall it prohibit insurance effectuated by the
insurer as an unauthorized insurer in accordance with the
laws of the reciprocating state. Nor shall it prohibit renewal
or continuance in force, with or without modification, of contracts otherwise lawful and which were not originally executed in violation of this section.
(4) A "reciprocating" state, as used herein, is one under
the laws of which a similar prohibition is imposed upon and
is enforced against insurers domiciled in that state.
(5) The commissioner shall suspend or revoke the certificate of authority of a domestic insurer found by him, after a
hearing, to have violated this section. [1988 c 248 § 4; 1947
c 79 § .07.15; Rem. Supp. 1947 § 45.07.15.]
48.07.150
48.07.160 Continuing operation in event of national
emergency—Declaration of purpose—"Insurer" defined.
It is desirable for the general welfare and in particular for the
welfare of insurance beneficiaries, policyholders, claimants
and others that the business of domestic insurers be continued
notwithstanding the event of a national emergency. The purpose of this section and RCW 48.07.170 through 48.07.200 is
to facilitate the continued operation of domestic insurers in
the event that a national emergency is caused by an attack on
the United States which is so disruptive of normal business
and commerce in this state as to make it impossible or
impracticable for a domestic insurer to conduct its business in
accord with applicable provisions of law, its bylaws, or its
charter. When used in this section and RCW 48.07.170
through 48.07.200 the word "insurer" includes a fraternal
benefit society. [1963 c 195 § 25.]
48.07.160
48.07.170 Continuing operation in event of national
emergency—Emergency bylaws. The board of directors of
any domestic insurer may at any time adopt emergency
bylaws, subject to repeal or change by action of those having
power to adopt regular bylaws for such insurer, which shall
be operative during such a national emergency and which
may, notwithstanding any different provisions of the regular
bylaws, or of the applicable statutes, or of such insurer’s
charter, make any provision that may be reasonably neces-
48.07.210
sary for the operation of such insurer during the period of
such emergency. [1963 c 195 § 26.]
48.07.180 Continuing operation in event of national
emergency—Directors. In the event that the board of directors of a domestic insurer has not adopted emergency bylaws,
the following provisions shall become effective upon the
occurrence of such a national emergency as above described:
(1) Three directors shall constitute a quorum for the
transaction of business at all meetings of the board.
(2) Any vacancy in the board may be filled by a majority
of the remaining directors, though less than a quorum, or by a
sole remaining director.
(3) If there are no surviving directors, but at least three
vice presidents of such insurer survive, the three vice presidents with the longest term of service shall be the directors
and shall possess all of the powers of the previous board of
directors and such powers as are granted herein or by subsequently enacted legislation. By majority vote, such emergency board of directors may elect other directors. If there are
not at least three surviving vice presidents, the commissioner
or duly designated person exercising the powers of the commissioner shall appoint three persons as directors who shall
include any surviving vice presidents and who shall possess
all of the powers of the previous board of directors and such
powers as are granted herein or by subsequently enacted legislation, and these persons by majority vote may elect other
directors. [1963 c 195 § 27.]
48.07.180
48.07.190 Continuing operation in event of national
emergency—Officers. At any time the board of directors of
a domestic insurer may, by resolution, provide that in the
event of such a national emergency and in the event of the
death or incapacity of the president, the secretary, or the treasurer of such insurer, such officers, or any of them, shall be
succeeded in the office by the person named or described in a
succession list adopted by the board of directors. Such list
may be on the basis of named persons or position titles, shall
establish the order of priority and may prescribe the conditions under which the powers of the office shall be exercised.
[1963 c 195 § 28.]
48.07.190
48.07.200 Continuing operation in event of national
emergency—Principal office and place of business. At
any time the board of directors of a domestic insurer may, by
resolution, provide that in the event of such a national emergency the principal office and place of business of such
insurer shall be at such location as is named or described in
the resolution. Such resolution may provide for alternate
locations and establish an order of preference. [1963 c 195 §
29.]
48.07.200
48.07.170
(2008 Ed.)
48.07.210 Conversion to domestic insurer. (1)(a) Any
insurer duly organized under the laws of any other state and
admitted to transact insurance business in this state may
become a domestic insurer upon complying with all requirements of law for the organization of a domestic insurer in this
state and by designating its principal place of business at a
location in this state. Such domestic insurer is entitled to a
certificate of authority to transact insurance in this state, sub48.07.210
[Title 48 RCW—page 35]
Chapter 48.08
Title 48 RCW: Insurance
ject to the conditions set forth in (b) of this subsection, and is
subject to the authority and the jurisdiction of this state.
(b) Before being eligible to become a domestic insurer
under this section, an admitted insurer shall advise the commissioner, in writing, thirty days in advance of the proposed
date of its plan to become a domestic insurer. The commissioner must approve the plan in advance of the proposed date.
The commissioner shall not approve any such plan unless,
after a hearing, pursuant to such notice as the commissioner
may require, the commissioner finds that the plan is consistent with law, and that no reasonable objection to the plan
exists. If the commissioner fails to approve the plan, the commissioner shall state his or her reasons for failure to approve
the plan in an order issued at the hearing.
(2) After providing thirty days’ advance written notice of
its plan to the commissioner and upon the written approval of
the commissioner in advance of the proposed transfer date,
any domestic insurer of this state may transfer its domicile to
any other state in which it is admitted to transact the business
of insurance. Upon transfer of domicile, the insurer ceases to
be a domestic insurer of this state. If otherwise qualified
under the laws of this state, the commissioner shall admit the
insurer to do business in this state as a foreign insurer. The
commissioner shall approve any proposed transfer of domicile unless the commissioner determines after a hearing, pursuant to such notice as the commissioner may require, that
the transfer is not in the best interests of the public or the
insurer’s policyholders in this state. If the commissioner fails
to approve a proposed transfer of domicile, the commissioner
shall state his or her reasons for failure to approve the transfer
in an order issued at the hearing.
(3) When a foreign insurer, admitted to transact business
in this state, transfers its corporate domicile to this state or to
any other state, the certificate of authority, appointment of
statutory agent, and all approved licenses, policy forms, rates,
filings, and other authorizations and approvals in existence at
the time the foreign insurer transfers its corporate domicile
shall continue in effect.
(4) Any insurer transferring its corporate domicile under
this section shall file any amendments to articles of incorporation, bylaws, or other corporate documents that are required
to be filed in this state before the insurer may receive
approval of its proposed plan by the commissioner. [1988 c
248 § 5.]
Chapter 48.08
Chapter 48.08 RCW
DOMESTIC STOCK INSURERS
48.08.140
48.08.150
48.08.160
48.08.170
48.08.190
Equity security—Exemptions—Sales by dealer.
Equity security—Exemptions—Foreign or domestic arbitrage
transactions.
Equity security—Exemptions—Securities registered or
required to be, or no class held by one hundred or more persons.
Equity security—Rules and regulations.
Failure to file required information, documents, or reports—
Forfeiture.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Superadded liability of shareholders of domestic stock insurance companies:
State Constitution Art. 12 § 11.
48.08.010 Increase of capital stock. (1) Increase of the
capital stock of a domestic stock insurer shall be by amendment to its articles of incorporation.
(2) If the increased capital stock is to be distributed as a
stock dividend, such increased capital stock may be fully paid
in out of any available surplus funds as is provided in RCW
48.08.030, and such payment shall be effected by a transfer
on the insurer’s books from its surplus account to its capital
account.
(3) When the increased capital has been fully paid in, a
certificate to such effect shall be made in quadruplicate under
oath and the corporate seal by the insurer’s president and secretary and filed in the public offices named in RCW
48.07.070. [1953 c 197 § 4; 1947 c 79 § .08.01; Rem. Supp.
1947 § 45.08.01.]
48.08.010
48.08.020 Reduction of capital stock. (1) Reduction of
the capital stock of a domestic stock insurer shall be by
amendment of its articles of incorporation. No such reduction
shall be made which results in capital stock less in amount
than the minimum required by this code for the kinds of
insurance thereafter to be transacted by the insurer.
(2) No surplus funds of the insurer resulting from a
reduction of its capital stock shall be distributed to stockholders, except as a stock dividend on a subsequent increase of
capital stock, or upon dissolution of the insurer, or upon
approval of the commissioner of a distribution upon proof
satisfactory to him that the distribution will not impair the
interests of policyholders or the insurer’s solvency.
(3) Upon such reduction of capital stock, the insurer’s
directors shall call in any outstanding stock certificates
required to be changed pursuant thereto, and issue proper certificates in their stead. [1947 c 79 § .08.02; Rem. Supp. 1947
§ 45.08.02.]
48.08.020
48.08.030 Dividends to stockholders. (1) No domestic
stock insurer shall pay any cash dividend to stockholders
except out of earned surplus. For the purpose of this section,
"earned surplus" means that part of its available surplus funds
which is derived from any realized net profits on its business,
and does not include unrealized capital gains or reevaluation
of assets.
(2) Such an insurer may pay a stock dividend out of any
available surplus funds.
(3) Payment of any dividend to stockholders of a domestic stock insurer shall also be subject to all the limitations and
requirements governing the payment of dividends by other
private corporations.
48.08.030
Sections
48.08.010
48.08.020
48.08.030
48.08.040
48.08.050
48.08.060
48.08.070
48.08.080
48.08.090
48.08.100
48.08.110
48.08.120
48.08.130
Increase of capital stock.
Reduction of capital stock.
Dividends to stockholders.
Illegal dividends, reductions—Penalty against directors.
Impairment of capital.
Repayment of contributions to surplus.
Participating policies.
Mutualization of stock insurers.
Stockholder meetings—Duty to inform stockholders of matters to be presented—Proxies.
Equity security—Defined.
Equity security—Duty to file statement of ownership.
Equity security—Profits from short term transactions—Remedies—Limitation of actions.
Equity security—Sales, unlawful practices.
[Title 48 RCW—page 36]
(2008 Ed.)
Domestic Stock Insurers
(4) No dividend shall be declared or paid which would
reduce the insurer’s surplus to an amount less than the minimum required for the kinds of insurance thereafter to be
transacted.
(5) For the purposes of this chapter "surplus funds"
means the excess of the insurer’s assets over its liabilities,
including its capital stock as a liability.
(6) Available surplus means the excess over the minimum amount of surplus required for the kinds of insurance
the insurer is authorized to transact. [1993 c 462 § 52; 1947
c 79 § .08.03; Rem. Supp. 1947 § 45.08.03.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.08.040 Illegal dividends, reductions—Penalty
against directors. Any director of a domestic stock insurer
who votes for or concurs in the declaration or payment of any
dividend to stockholders or a reduction of capital stock not
authorized by law shall, in addition to any other liability
imposed by law, be guilty of a gross misdemeanor. [1947 c
79 § .08.04; Rem. Supp. 1947 § 45.08.04.]
48.08.040
48.08.050 Impairment of capital. (1) If the capital
stock of a domestic stock insurer becomes impaired, the commissioner shall at once determine the amount of the deficiency and serve notice upon the insurer to require its stockholders to make good the deficiency within ninety days after
service of such notice.
(2) The deficiency shall be made good in cash, or in
assets eligible under this code for the investment of the
insurer’s funds, or by reduction of the insurer’s capital stock
to an amount not below the minimum required for the kinds
of insurance to be thereafter transacted.
(3) If the deficiency is not made good and proof thereof
filed with the commissioner within such ninety-day period,
the insurer shall be deemed insolvent and shall be proceeded
against as authorized by this code.
(4) If the deficiency is not made good the insurer shall
not issue or deliver any policy after the expiration of such
ninety-day period. Any officer or director who violates or
knowingly permits the violation of this provision shall be
subject to a fine of from fifty dollars to one thousand dollars
for each violation. [1947 c 79 § .08.05; Rem. Supp. 1947 §
45.08.05.]
48.08.050
48.08.060 Repayment of contributions to surplus.
Contributions to the surplus of a domestic stock insurer other
than resulting from sale of its capital stock, shall not be subject to repayment except out of surplus in excess of the minimum surplus initially required of such an insurer transacting
like kinds of insurance. [1947 c 79 § .08.06; Rem. Supp.
1947 § 45.08.06.]
48.08.060
48.08.070 Participating policies. (1) Any domestic
stock insurer may, if its charter so provides, issue policies
entitled to participate from time to time in the earnings of the
insurer through dividends.
(2) Any classification of its participating policies and of
risks assumed thereunder which the insurer may make shall
be reasonable. No dividend shall be paid which is inequitable
48.08.090
or which unfairly discriminates as between such classifications or as between policies within the same classification.
(3) No such insurer shall issue in this state both participating and nonparticipating policies for the same class of
risks; except, that both participating and nonparticipating life
insurance policies may be issued if the right or absence of the
right to participate is reasonably related to the premium
charged.
(4) Dividends to participating life insurance policies
issued by such insurer shall be paid only out of its surplus
funds as defined in subsection (5) of RCW 48.08.030. Dividends to participating policies for other kinds of insurance
shall be paid only out of that part of such surplus funds which
is derived from any realized net profits from the insurer’s
business.
(5) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy.
[1947 c 79 § .08.07; Rem. Supp. 1947 § 45.08.07.]
48.08.080 Mutualization of stock insurers. (1) Any
domestic stock insurer may become a domestic mutual
insurer pursuant to such plan and procedure as are approved
by the commissioner in advance of such mutualization.
(2) The commissioner shall not approve any such plan,
procedure, or mutualization unless:
(a) It is equitable to both shareholders and policyholders.
(b) It is approved by vote of the holders of not less than
three-fourths of the insurer’s capital stock having voting
rights, and by vote of not less than two-thirds of the insurer’s
policyholders who vote on such plan, pursuant to such notice
and procedure as may be approved by the commissioner.
Such vote may be registered in person, by proxy, or by mail.
(c) If a life insurer, the right to vote thereon is limited to
those policyholders whose policies have face amounts of not
less than one thousand dollars and have been in force one
year or more.
(d) Mutualization will result in retirement of shares of
the insurer’s capital stock at a price not in excess of the fair
value thereof as determined by competent disinterested
appraisers.
(e) The plan provides for appraisal and purchase of the
shares of any nonconsenting stockholder in accordance with
the laws of this state relating to the sale or exchange of all the
assets of a private corporation.
(f) The plan provides for definite conditions to be fulfilled by a designated early date upon which such mutualization will be deemed effective.
(g) The mutualization leaves the insurer with surplus
funds reasonably adequate to preserve the security of its policyholders and its ability to continue successfully in business
in the states in which it is then authorized, and in the kinds of
insurance it is then authorized to transact. [1947 c 79 §
.08.08; Rem. Supp. 1947 § 45.08.08.]
48.08.080
48.08.070
(2008 Ed.)
48.08.090 Stockholder meetings—Duty to inform
stockholders of matters to be presented—Proxies. (1)
This section shall apply to all domestic stock insurers except:
(a) A domestic stock insurer having less than one hundred stockholders; except, that if ninety-five percent or more
of the insurer’s stock is owned or controlled by a parent or
48.08.090
[Title 48 RCW—page 37]
48.08.100
Title 48 RCW: Insurance
affiliated insurer, this section shall not apply to such insurer
unless its remaining shares are held by five hundred or more
stockholders.
(b) Domestic stock insurers which file with the Securities and Exchange Commission forms of proxies, consents
and authorizations pursuant to the Securities and Exchange
Act of 1934, as amended.
(2) Every such insurer shall seasonably furnish its stockholders in advance of stockholder meetings, information in
writing reasonably adequate to inform them relative to all
matters to be presented by the insurer’s management for consideration of stockholders at such meeting.
(3) No person shall solicit a proxy, consent, or authorization in respect of any stock of such an insurer unless he furnishes the person so solicited with written information reasonably adequate as to
(a) the material matters in regard to which the powers so
solicited are proposed to be used, and
(b) the person or persons on whose behalf the solicitation
is made, and the interest of such person or persons in relation
to such matters.
(4) No person shall so furnish to another, information
which the informer knows or has reason to believe, is false or
misleading as to any material fact, or which fails to state any
material fact reasonably necessary to prevent any other statement made from being misleading.
(5) The form of all such proxies shall:
(a) Conspicuously state on whose behalf the proxy is
solicited;
(b) Provide for dating the proxy;
(c) Impartially identify each matter or group of related
matters intended to be acted upon;
(d) Provide means for the principal to instruct the vote of
his shares as to approval or disapproval of each matter or
group, other than election to office; and
(e) Be legibly printed, with context suitably organized.
Except, that a proxy may confer discretionary authority
as to matters as to which choice is not specified pursuant to
item (d), above, if the form conspicuously states how it is
intended to vote the proxy or authorization in each such case;
and may confer discretionary authority as to other matters
which may come before the meeting but unknown for a reasonable time prior to the solicitation by the persons on whose
behalf the solicitation is made.
(6) No proxy shall confer authority (a) to vote for election of any person to any office for which a bona fide nominee is not named in the proxy statement, or (b) to vote at any
annual meeting (or adjournment thereof) other than the
annual meeting next following the date on which the proxy
statement and form were furnished stockholders.
(7) The commissioner shall have authority to make and
promulgate reasonable rules and regulations for the effectuation of this section, and in so doing shall give due consideration to rules and regulations promulgated for similar purposes by the insurance supervisory officials of other states.
[1965 ex.s. c 70 § 5.]
48.08.160 means any stock or similar security; or any security convertible, with or without consideration, into such a
security, or carrying any warrant or right to subscribe to or
purchase such a security; or any such warrant or right; or any
other security which the commissioner shall deem to be of
similar nature and consider necessary or appropriate, by such
rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity
security. [1965 ex.s. c 70 § 11.]
Exemption from federal registration: 15 U.S.C. §78 l(g)(2)(G).
Exemption from federal registration: 15 U.S.C. §78 l(g)(2)(G).
48.08.100 Equity security—Defined. The term
"equity security" when used in RCW 48.08.100 through
48.08.130 Equity security—Sales, unlawful practices. It shall be unlawful for any such beneficial owner,
48.08.100
[Title 48 RCW—page 38]
48.08.110 Equity security—Duty to file statement of
ownership. Every person who is directly or indirectly the
beneficial owner of more than ten percent of any class of any
equity security of a domestic stock insurer, or who is a director or an officer of such insurer, shall file with the commissioner on or before the 30th day of September, 1965, or
within ten days after he becomes such beneficial owner,
director or officer, a statement, in such form as the commissioner may prescribe, of the amount of all equity securities of
such insurer of which he is the beneficial owner, and within
ten days after the close of each calendar month thereafter, if
there has been a change in such ownership during such
month, shall file with the commissioner a statement, in such
form as the commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in
his ownership as have occurred during such calendar month.
[1965 ex.s. c 70 § 6.]
48.08.110
48.08.120 Equity security—Profits from short term
transactions—Remedies—Limitation of actions. For the
purpose of preventing the unfair use of information which
may have been obtained by such beneficial owner, director or
officer by reason of his relationship to such insurer, any profit
realized by him from any purchase and sale, or any sale and
purchase, of any equity security of such insurer within any
period of less than six months, unless such security was
acquired in good faith in connection with a debt previously
contracted, shall inure to and be recoverable by the insurer,
irrespective of any intention on the part of such beneficial
owner, director or officer in entering into such transaction of
holding the security purchased or of not repurchasing the
security sold for a period exceeding six months. Suit to
recover such profit may be instituted at law or in equity in any
court of competent jurisdiction by the insurer, or by the
owner of any security of the insurer in the name and in behalf
of the insurer if the insurer shall fail or refuse to bring such
suit within sixty days after request or shall fail diligently to
prosecute the same thereafter: PROVIDED, That no such
suit shall be brought more than two years after the date such
profit was realized. This section shall not be construed to
cover any transaction where such beneficial owner was not
such both at the time of the purchase and sale, or the sale and
purchase, of the security involved, or any transaction or
transactions which the commissioner by rules and regulations
may exempt as not comprehended within the purpose of this
section. [1965 ex.s. c 70 § 7.]
48.08.120
48.08.130
(2008 Ed.)
Mutual Insurers
director or officer, directly or indirectly, to sell any equity
security of such insurer if the person selling the security or
his principal (1) does not own the security sold, or (2) if owning the security, does not deliver it against such sale within
twenty days thereafter, or does not within five days after such
sale deposit it in the mails or other usual channels of transportation: PROVIDED, That no person shall be deemed to have
violated this section if he proves that notwithstanding the
exercise of good faith he was unable to make such delivery or
deposit within such time, or that to do so would cause undue
inconvenience or expense. [1965 ex.s. c 70 § 8.]
48.08.140 Equity security—Exemptions—Sales by
dealer. The provisions of RCW 48.08.120 shall not apply to
any purchase and sale, or sale and purchase, and the provisions of RCW 48.08.130 shall not apply to any sale of an
equity security of a domestic stock insurer not then or theretofore held by him in an investment account, by a dealer in
the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary
market (otherwise than on an exchange as defined in the
Securities Exchange Act of 1934) for such security. The commissioner may, by such rules and regulations as he deems
necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in
an investment account and transactions made in the ordinary
course of business and incident to the establishment or maintenance of a primary or secondary market. [1965 ex.s. c 70 §
9.]
48.08.140
48.08.150 Equity security—Exemptions—Foreign or
domestic arbitrage transactions. The provisions of RCW
48.08.110, 48.08.120 and 48.08.130 shall not apply to foreign
or domestic arbitrage transactions unless made in contravention of such rules and regulations as the commissioner may
adopt in order to carry out the purposes of RCW 48.08.100
through 48.08.160. [1965 ex.s. c 70 § 10.]
48.08.150
48.08.160 Equity security—Exemptions—Securities
registered or required to be, or no class held by one hundred or more persons. The provisions of RCW 48.08.110,
48.08.120, and 48.08.130 shall not apply to equity securities
of a domestic stock insurer if (1) such securities shall be registered, or shall be required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended,
or if (2) such domestic stock insurer shall not have any class
of its equity securities held of record by one hundred or more
persons on the last business day of the year next preceding
the year in which equity securities of the insurer would be
subject to the provisions of RCW 48.08.110, 48.08.120, and
48.08.130 except for the provisions of this subsection (2).
[1965 ex.s. c 70 § 12.]
48.08.160
48.08.170 Equity security—Rules and regulations.
The commissioner shall have the power to make such rules
and regulations as may be necessary for the execution of the
functions vested in him by RCW 48.08.100 through
48.08.160, and may for such purpose classify domestic stock
insurers, securities, and other persons or matters within his
jurisdiction. No provision of RCW 48.08.110, 48.08.120, and
48.08.170
(2008 Ed.)
48.09.010
48.08.130 imposing any liability shall apply to any act done
or omitted in good faith in conformity with any rule or regulation of the commissioner, notwithstanding that such rule or
regulation may, after such act or omission, be amended or
rescinded or determined by judicial or other authority to be
invalid for any reason. [1965 ex.s. c 70 § 13.]
48.08.190 Failure to file required information, documents, or reports—Forfeiture. Any person who fails to file
information, documents, or reports required to be filed under
chapter 241, Laws of 1969 ex. sess. or any rule or regulation
thereunder shall forfeit to the state of Washington the sum of
one hundred dollars for each and every day such failure to file
shall continue. Such forfeiture, which shall be in lieu of any
criminal penalty for such failure to file which might be
deemed to arise under this title, shall be payable to the treasurer of the state of Washington and shall be recoverable in a
civil suit in the name of the state of Washington. [1969 ex.s.
c 241 § 18.]
48.08.190
Chapter 48.09
Chapter 48.09 RCW
MUTUAL INSURERS
Sections
48.09.010
48.09.090
48.09.100
48.09.110
48.09.120
48.09.130
48.09.140
48.09.150
48.09.160
48.09.180
48.09.190
48.09.210
48.09.220
48.09.230
48.09.235
48.09.240
48.09.250
48.09.260
48.09.270
48.09.280
48.09.290
48.09.300
48.09.310
48.09.320
48.09.330
48.09.340
48.09.350
48.09.360
Initial qualifications.
Additional kinds of insurance.
Minimum surplus.
Membership.
Rights of members.
Bylaws.
Notice of annual meeting.
Voting—Proxies.
Directors—Disqualification.
Limitation of expenses as to property and casualty insurance.
Procedure upon violation of limitation.
Limitation of action on officer’s salary.
Contingent liability of members.
Assessment of members.
Issuing a capital call—Notice—Insurer’s duties—Rules.
Contingent liability of members of assessment insurer.
Contingent liability as asset.
Liability as lien on policy reserves.
Nonassessable policies.
Qualification on issuance of nonassessable policies.
Revocation of right to issue nonassessable policies.
Dividends.
Nonparticipating policies.
Borrowed capital.
Repayment of borrowed capital.
Impairment of surplus.
Reorganization of mutual as stock insurer—Reinsurance—
Approval.
Distribution of assets and ownership equities upon liquidation.
Dividends not to be guaranteed: RCW 48.30.100.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Policy dividends are payable to real party in interest: RCW 48.18.340.
48.09.010 Initial qualifications. (1) The commissioner
shall not issue a certificate of authority to a domestic mutual
insurer unless it has fully qualified therefor under this code,
and unless it has met the minimum requirements for the kind
of insurance it proposes to transact as provided in this chapter.
(2) All applications for insurance submitted by such an
insurer as fulfilling qualification requirements shall be bona
fide applications from persons resident in this state covering
lives, property, or risks resident or located in this state.
48.09.010
[Title 48 RCW—page 39]
48.09.090
Title 48 RCW: Insurance
(3) All qualifying premiums collected and initial surplus
funds of such an insurer shall be in cash. Any deposit made
by such an insurer in lieu of applications, premiums, and initial surplus funds, shall be in cash or in securities eligible for
the investment of the capital of a domestic stock insurer
transacting the same kind of insurance. [1947 c 79 § .09.01;
Rem. Supp. 1947 § 45.09.01.]
48.09.090 Additional kinds of insurance. A domestic
mutual insurer may be authorized to transact kinds of insurance in addition to that for which it was originally authorized,
if it has otherwise complied with the provisions of this code
therefor, and while it possesses and maintains surplus funds
in aggregate amount not less than the minimum amount of
capital and surplus required under this code of a domestic
stock insurer authorized to transact like kinds of insurance
pursuant to RCW 48.05.340. [1980 c 135 § 2; 1957 c 193 §
5; 1947 c 79 § .09.09; Rem. Supp. 1947 § 45.09.09.]
48.09.090
48.09.100 Minimum surplus. A domestic mutual
insurer on the cash premium plan shall at all times have and
maintain surplus funds, representing the excess of its assets
over its liabilities, in amount not less than the aggregate of
(1) the amount of any surplus funds deposited by it with
the commissioner to qualify for its original certificate of
authority, and
(2) the amount of any additional surplus required of it
pursuant to RCW 48.09.090 for authority to transact additional kinds of insurance. [1963 c 195 § 3; 1947 c 79 §
.09.10; Rem. Supp. 1947 § 45.09.10.]
48.09.100
48.09.110 Membership. (1) Each holder of one or
more insurance contracts issued by a domestic mutual
insurer, other than a contract of reinsurance, is a member of
the insurer, with the rights and obligations of such membership, and each insurance contract so issued shall effectively
so stipulate.
(2) Any person, government or governmental agency,
state or political subdivision thereof, public or private corporation, board, association, estate, trustee or fiduciary, may be
a member of a mutual insurer. [1947 c 79 § .09.11; Rem.
Supp. 1947 § 45.09.11.]
48.09.110
48.09.120 Rights of members. (1) A domestic mutual
insurer is owned by and shall be operated in the interest of its
members.
(2) Each member is entitled to one vote in the election of
directors and on matters coming before corporate meetings of
members, subject to such reasonable minimum requirements
as to duration of membership and amount of insurance held
as may be made in the insurer’s bylaws. The person named as
the policyholder in any group insurance policy issued by such
insurer shall be deemed the member, and shall have but one
such vote regardless of the number of individuals insured by
such policy.
(3) With respect to the management, records, and affairs
of the insurer, a member shall have the same character of
rights and relationship as a stockholder has toward a domestic stock insurer. [1947 c 79 § .09.12; Rem. Supp. 1947 §
45.09.12.]
48.09.120
[Title 48 RCW—page 40]
48.09.130 Bylaws. A domestic mutual insurer shall
adopt bylaws for the conduct of its affairs. Such bylaws, or
any modification thereof, shall forthwith be filed with the
commissioner. The commissioner shall disapprove any such
bylaws, or as so modified, if he finds after a hearing thereon,
that it is not in compliance with the laws of this state, and he
shall forthwith communicate such disapproval to the insurer.
No such bylaw, or modification, so disapproved shall be
effective during the existence of such disapproval. [1947 c
79 § .09.13; Rem. Supp. 1947 § 45.09.13.]
48.09.130
48.09.140 Notice of annual meeting. (1) Notice of the
time and place of the annual meeting of members of a domestic mutual insurer shall be given by imprinting such notice
plainly on the policies issued by the insurer.
(2) Any change of the date or place of the annual meeting
shall be made only by an annual meeting of members. Notice
of such change may be given:
(a) By imprinting such new date or place on all policies
which will be in effect as of the date of such changed meeting; or
(b) Unless the commissioner otherwise orders, notice of
the new date or place need be given only through policies
issued after the date of the annual meeting at which such
change was made and in premium notices and renewal certificates issued during the twenty-four months immediately following such meeting. [1947 c 79 § .09.14; Rem. Supp. 1947
§ 45.09.14.]
48.09.140
48.09.150 Voting—Proxies. (1) A member of a domestic mutual insurer may vote in person or by proxy given
another member on any matter coming before a corporate
meeting of members.
(2) An officer of the insurer shall not hold or vote the
proxy of any member.
(3) No such proxy shall be valid beyond the earlier of the
following dates:
(a) The date of expiration set forth in the proxy; or
(b) the date of termination of membership; or
(c) five years from the date of execution of the proxy.
(4) No member’s vote upon any proposal to divest the
insurer of its business and assets, or the major part thereof,
shall be registered or taken except in person or by a proxy
newly executed and specific as to the matter to be voted upon.
[1947 c 79 § .09.15; Rem. Supp. 1947 § 45.09.15.]
48.09.150
48.09.160 Directors—Disqualification. No individual
shall be a director of a domestic mutual insurer by reason of
his holding public office. Adjudication as a bankrupt or taking the benefit of any insolvency law or making a general
assignment for the benefit of creditors disqualifies an individual from being or acting as a director. [1947 c 79 § .09.16;
Rem. Supp. 1947 § 45.09.16.]
48.09.160
48.09.180 Limitation of expenses as to property and
casualty insurance. (1) For any calendar year after its first
two full calendar years of operation, no domestic mutual
insurer on the cash premium plan, other than one issuing nonassessable policies, shall incur any costs or expense in the
writing or administration of property, disability, and casualty
48.09.180
(2008 Ed.)
Mutual Insurers
insurances (other than boiler and machinery or elevator)
transacted by it which, exclusive of losses paid, loss adjustment expenses, investment expenses, dividends, and taxes
exceeds the sum of
(a) forty percent of the net premium income during that
year after deducting therefrom net earned reinsurance premiums for such year, plus
(b) all of the reinsurance commissions received on reinsurance ceded by it.
(2) The bylaws of every domestic mutual property
insurer on the assessment premium plan shall impose a reasonable limitation upon its expenses. [1949 c 190 § 8; 1947
c 79 § .09.18; Rem. Supp. 1949 § 45.09.18.]
48.09.190 Procedure upon violation of limitation.
The officers and directors of an insurer violating RCW
48.09.180 shall be jointly and severally liable to the insurer
for any excess of expenses incurred. If the insurer fails to
exercise reasonable diligence or refuses to enforce such liability, the commissioner may prosecute action thereon for the
benefit of the insurer. Such failure or refusal constitutes
grounds for revocation of the insurer’s certificate of authority. [1947 c 79 § .09.19; Rem. Supp. 1947 § 45.09.19.]
48.09.190
48.09.210 Limitation of action on officer’s salary. No
action to recover, or on account of, any salary or other compensation due or claimed to be due any officer or director of
a domestic mutual insurer, or on any note or agreement relative thereto, shall be brought against such insurer after twelve
months after the date on which such salary or compensation,
or any installment thereof, first accrued. [1947 c 79 § .09.21;
Rem. Supp. 1947 § 45.09.21.]
48.09.210
48.09.220 Contingent liability of members. (1) Each
member of a domestic mutual insurer, except as otherwise
provided in this chapter, shall have a contingent liability, pro
rata and not one for another, for the discharge of its obligations. The contingent liability shall be in such maximum
amount as is stated in the insurer’s articles of incorporation,
but shall be not less than one, nor more than five, additional
premiums for the member’s policy at the annual premium
rate and for a term of one year.
(2) Every policy issued by the insurer shall contain a
statement of the contingent liability.
(3) Termination of the policy of any such member shall
not relieve the member of contingent liability for his proportion of the obligations of the insurer which accrued while the
policy was in force. [1949 c 190 § 9; 1947 c 79 § .09.22;
Rem. Supp. 1949 § 45.09.22.]
48.09.220
48.09.230 Assessment of members. (1) If at any time
the assets of a domestic mutual insurer doing business on the
cash premium plan are less than its liabilities and the minimum surplus, if any, required of it by this code as prerequisite
for continuance of its certificate of authority, and the deficiency is not cured from other sources, its directors may, if
approved by the commissioner, make an assessment only on
its members who at any time within the twelve months immediately preceding the date such assessment was authorized by
its directors held policies providing for contingent liability.
48.09.230
(2008 Ed.)
48.09.235
(2) Such an assessment shall be for such an amount of
money as is required, in the opinion of the commissioner, to
render the insurer fully solvent, but not to result in surplus in
excess of five percent of the insurer’s liabilities as of the date
of the assessment.
(3) A member’s proportionate part of any such assessment shall be computed by applying to the premium earned,
during the period since the deficiency first appeared, on his
contingently liable policy or policies the ratio of the total
assessment to the total premium earned during such period on
all contingently liable policies which are subject to the
assessment.
(4) No member shall have an offset against any assessment for which he is liable on account of any claim for
unearned premium or losses payable. [1949 c 190 § 10; 1947
c 79 § .09.23; Rem. Supp. 1949 § 45.09.23.]
48.09.235 Issuing a capital call—Notice—Insurer’s
duties—Rules. (1) In addition to authority granted by RCW
48.09.220 and 48.09.230, a domestic mutual insurer meeting
all the requirements of this section may increase its surplus
by issuing a capital call. A capital call requires policyholders
or applicants for insurance to pay a sum, in addition to premium, to be eligible to renew a policy or be issued a new policy. A policyholder that does not pay the amount of a call
cannot be cancelled or denied the benefits of an existing policy.
(2) Prior to issuing a capital call, the insurer must have:
(a) Adopted articles of incorporation or other organizational documents authorizing capital calls; and
(b) For any capital call issued on or after January 1,
2006, included information concerning the insurer’s authority to issue a capital call in the policy of every policyholder.
This information must be provided at least one full policy
renewal cycle prior to a capital call.
(3) The insurer must notify the commissioner of its intent
to issue a capital call at least ninety days prior to the capital
call. The notice to the commissioner must include:
(a) A statement of each of the following:
(i) The specific purpose or purposes of the capital call;
(ii) The total amount intended to be raised by issuance of
the capital call;
(iii) The amount intended to be raised for each stated
purpose;
(iv) The grounds relied upon by the insurer in deciding
that the capital call is the best option available to the insurer
for raising capital; and
(v) Each of the alternative methods of raising capital the
insurer considered and the reasons the insurer rejected each
alternative in favor of the capital call;
(b) For the ten years immediately preceding the filing of
the notice, a year by year accounting of:
(i) All rate filings and actions;
(ii) The total of all underwriting losses; and
(iii) The total amount of dividends paid to policyholders;
and
(c) A complete application for a solicitation permit as
required in RCW 48.06.030.
(4) Before an insurer may issue a capital call, the insurer
must:
48.09.235
[Title 48 RCW—page 41]
48.09.240
Title 48 RCW: Insurance
(a) Notify the commissioner and provide information as
required in subsection (3) of this section;
(b) Provide any and all additional information that the
commissioner may determine is useful or necessary in evaluating the merits of the proposed capital call;
(c) Receive approval of the policy or insuring instrument
from the commissioner; and
(d) Receive approval of the commissioner for the capital
call and the solicitation permit.
The commissioner may disapprove a capital call if he or
she does not believe it is in the best interest of the insurer, the
policyholders, or the citizens of the state of Washington. In
making this determination, the commissioner may consider
the financial health of the insurer, the impact on the marketplace, the possible use of other means to raise capital, the frequency of previous capital calls by the insurer, the effect of
raising premiums instead of a capital call, the impact on state
revenue, or any other factor the commissioner deems proper.
(5) The funds raised by an approved capital call are not
premiums for the purposes of RCW 48.14.020.
(6) The commissioner may adopt rules to implement this
section. [2004 c 89 § 2.]
Effective date—2004 c 89 § 2: "Section 2 of this act takes effect January 1, 2006." [2004 c 89 § 4.]
Effective date—2004 c 89: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2004]." [2004 c 89 § 5.]
48.09.240 Contingent liability of members of assessment insurer. The contingent liability of members of a
domestic mutual insurer doing business on the assessment
premium plan shall be called upon and enforced by its directors as provided in its bylaws. [1947 c 79 § .09.24; Rem.
Supp. 1947 § 45.09.24.]
48.09.240
48.09.250 Contingent liability as asset. Any contingent liability of members of a domestic mutual insurer to
assessment does not constitute an asset of the insurer in any
determination of its financial condition. [1949 c 190 § 11;
1947 c 79 § .09.25; Rem. Supp. 1949 § 45.09.25.]
48.09.250
48.09.260 Liability as lien on policy reserves. As to
life insurance, any portion of an assessment of contingent liability upon a policyholder which remains unpaid following
notice of such assessment, demand for payment, and lapse of
a reasonable waiting period as specified in such notice, may,
if approved by the commissioner, be secured by placing a lien
on the reserves held by the insurer to the credit of such policyholder. [1949 c 190 § 12; 1947 c 79 § .09.26; Rem. Supp.
1949 § 45.09.26.]
48.09.260
48.09.270 Nonassessable policies. (1) A domestic
mutual insurer on the cash premium plan, after it has established a surplus not less in amount than the minimum capital
funds required of a domestic stock insurer to transact like
kinds of insurance, and for so long as it maintains such surplus, may extinguish the contingent liability of its members
to assessment and omit provisions imposing contingent liability in all policies currently issued.
48.09.270
[Title 48 RCW—page 42]
(2) Any deposit made with the commissioner as a prerequisite to the insurer’s certificate of authority may be included
as part of the surplus required in this section.
(3) When the surplus has been so established and the
commissioner has so ascertained, he shall issue to the insurer,
at its request, his certificate authorizing the extinguishment of
the contingent liability of its members and the issuance of
policies free therefrom.
(4) While it maintains surplus funds in amount not less
than the minimum capital required of a domestic stock
insurer authorized to transact like kinds of insurance, and
subject to the requirements of *RCW 48.05.360 as to special
surplus, a foreign or alien mutual insurer on the cash premium plan may, if consistent with its charter and the laws of
its domicile, issue nonassessable policies covering subjects
located, resident, or to be performed in this state. [1963 c 195
§ 4; 1947 c 79 § .09.27; Rem. Supp. 1947 § 45.09.27.]
*Reviser’s note: RCW 48.05.360 was repealed by 2005 c 223 § 35.
48.09.280 Qualification on issuance of nonassessable
policies. The commissioner shall not authorize a domestic
mutual insurer so to extinguish the contingent liability of any
of its members or in any of its policies to be issued, unless it
qualifies to and does extinguish such liability of all its members and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of another
state in which such an insurer is transacting insurance as an
authorized insurer, the insurer may issue policies providing
for the contingent liability of such of its members as may
acquire such policies in such state, and need not extinguish
the contingent liability applicable to policies theretofore in
force in such state. [1947 c 79 § .09.28; Rem. Supp. 1947 §
45.09.28.]
48.09.280
48.09.290 Revocation of right to issue nonassessable
policies. (1) The commissioner shall revoke the authority of
a domestic mutual insurer so to extinguish the contingent liability of its members if
(a) at any time the insurer’s assets are less than the sum
of its liabilities and the surplus required for such authority, or
(b) the insurer, by resolution of its directors approved by
its members, requests that the authority be revoked.
(2) Upon revocation of such authority for any cause, the
insurer shall not thereafter issue any policies without contingent liability, nor renew any policies then in force without
written endorsement thereon providing for contingent liability. [1947 c 79 § .09.29; Rem. Supp. 1947 § 45.09.29.]
48.09.290
48.09.300 Dividends. (1) The directors of a domestic
mutual insurer on the cash premium plan may from time to
time apportion and pay to its members as entitled thereto,
dividends only out of that part of its surplus funds which are
in excess of its required minimum surplus and which represent net realized savings and net realized earnings from its
business.
(2) Any classification of its participating policies and of
risks assumed thereunder which the insurer may make shall
be reasonable. No dividend shall be paid which is inequitable, or which unfairly discriminates as between such classifications or as between policies within the same classification.
48.09.300
(2008 Ed.)
Mutual Insurers
(3) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy.
[1947 c 79 § .09.30; Rem. Supp. 1947 § 45.09.30.]
48.09.310 Nonparticipating policies. (1) If its articles
of incorporation so provide, a domestic mutual insurer on the
cash premium plan may, while it is authorized to issue policies without contingent liability to assessment, issue policies
not entitled to participate in the insurer’s savings and earnings.
(2) Such insurer shall not issue in this state both participating and nonparticipating policies for the same class of
risks; except, that both participating and nonparticipating life
insurance policies may be issued if the right or absence of the
right to participate is reasonably related to the premium
charged. [1947 c 79 § .09.31; Rem. Supp. 1947 § 45.09.31.]
48.09.310
48.09.320 Borrowed capital. (1) A domestic mutual
insurer may, with the commissioner’s advance approval and
without the pledge of any of its assets, borrow money to
defray the expenses of its organization or for any purpose
required by its business, upon an agreement that such money
and such fair and reasonable interest thereon as may be
agreed upon, shall be repaid only out of the insurer’s earned
surplus in excess of its required minimum surplus.
(2) An insurer borrowing funds under this section must
comply with the national association of insurance
commissioner’s - accounting practices and procedures manual which sets forth requirements for borrowed money to be
treated as surplus notes for financial accounting purposes.
(3) The commissioner’s approval of such borrowed
funds, if granted, shall specify the amount to be borrowed,
the purpose for which the money is to be used, the terms and
form of the loan agreement, the date by which the loan must
be completed, fair and reasonable commissions or promotional expenses to be incurred or to be paid, and such other
related matters as the commissioner shall deem proper. If the
money is to be borrowed upon multiple agreements, the
agreements shall be serially numbered. No loan agreement or
series thereof shall have or be given any preferential rights
over any other such loan agreement or series. [2003 c 249 §
1; 1947 c 79 § .09.32; Rem. Supp. 1947 § 45.09.32.]
48.09.320
48.09.330 Repayment of borrowed capital. (1) The
insurer may repay any loan received pursuant to RCW
48.09.320, or any part thereof as approved by the commissioner, only out of its funds which represent such loan or realized net earned surplus. No repayment shall be made which
reduces the insurer’s surplus below the minimum surplus
required for the kinds of insurance transacted.
(2) The insurer shall repay any such loan or the largest
possible part thereof when the purposes for which such funds
were borrowed have been fulfilled and when the insurer’s
surplus is adequate to so repay without unreasonable impairment of the insurer’s operations.
(3) No repayment of such loan shall be made unless
approved by the commissioner. The insurer shall notify the
commissioner in writing not less than sixty days in advance
of its intention to repay such loan or any part thereof, and the
commissioner shall forthwith ascertain whether the insurer’s
48.09.330
(2008 Ed.)
48.09.350
financial condition is such that the repayment can properly be
made.
(4) Upon dissolution and liquidation of the insurer, after
the retirement of all its other outstanding obligations the
holders of any such loan agreements then remaining unpaid
shall be entitled to payment before any distribution of surplus
is made to the insurer’s members. [1949 c 190 § 13; 1947 c
79 § .09.33; Rem. Supp. 1949 § 45.09.33.]
48.09.340 Impairment of surplus. (1) If the assets of a
domestic mutual insurer on the cash premium plan fall below
the amount of its liabilities, plus the amount of any surplus
required by this code for the kinds of insurance authorized to
be transacted, the commissioner shall at once ascertain the
amount of the deficiency and serve notice upon the insurer to
cure the deficiency within ninety days after such service of
notice.
(2) If the deficiency is not made good in cash or in assets
eligible under this code for the investment of the insurer’s
funds, and proof thereof filed with the commissioner within
such ninety-day period, the insurer shall be deemed insolvent
and shall be proceeded against as authorized by this code.
(3) If the deficiency is not made good the insurer shall
not issue or deliver any policy after the expiration of such
ninety-day period. Any officer or director who violates or
knowingly permits the violating of this provision shall be
subject to a fine of from fifty dollars to one thousand dollars
for each violation. [1949 c 190 § 14; 1947 c 79 § 09.34; Rem.
Supp. 1949 § 45.09.34.]
48.09.340
48.09.350 Reorganization of mutual as stock
insurer—Reinsurance—Approval. (1) Upon satisfaction
of the requirements applicable to the formation of a domestic
stock insurer, a domestic mutual insurer may be reorganized
as a stock corporation, pursuant to a plan of reorganization as
approved by the commissioner.
(2) A domestic mutual insurer may be wholly reinsured
in and its assets transferred to and its liabilities assumed by
another mutual or stock insurer under such terms and conditions as are approved by the commissioner in advance of such
reinsurance.
(3) The commissioner shall not approve any such reorganization plan or reinsurance agreement which does not determine the amount of and make adequate provision for paying
to members of such mutual insurer, reasonable compensation
for their equities as owners of such insurer, such compensation to be apportioned to members as identified and in the
manner prescribed in RCW 48.09.360. The procedure for
approval by the commissioner of any such reorganization
plan or reinsurance agreement shall be the same as the procedure for approval by the commissioner of a plan of merger or
consolidation under RCW 48.31.010.
Approval at a corporate meeting of members by twothirds of the then members of a domestic mutual insurer who
vote on the plan or agreement pursuant to such notice and
procedure as was approved by the commissioner shall constitute approval of any such reorganization plan or reinsurance
agreement by the insurer’s members. [1984 c 23 § 1; 1983
1st ex.s. c 32 § 1; 1947 c 79 § .09.35; Rem. Supp. 1947 §
45.09.35.]
48.09.350
[Title 48 RCW—page 43]
48.09.360
Title 48 RCW: Insurance
48.09.360 Distribution of assets and ownership equities upon liquidation. (1) Upon the liquidation of a domestic mutual insurer, its assets remaining after discharge of its
indebtedness and policy obligations shall be distributed to its
members who were such within the thirty-six months prior to
the last termination of its certificate of authority.
(2) Upon the reorganization of a domestic mutual insurer
as a domestic stock insurer under RCW 48.09.350(1) or upon
reinsurance of the whole of the liabilities and transfer of all
the assets of a domestic mutual insurer under RCW
48.09.350(2), the ownership equities of members of the
domestic mutual insurer shall be distributed to its members
who were such on an eligibility date stated in the reorganization plan or reinsurance agreement, or who were such within
the thirty-six months prior to such eligibility date. Such eligibility date shall be either the date on which the reorganization
plan or reinsurance agreement is adopted by resolution of the
board of directors of the domestic mutual insurer, or the date
on which the reorganization plan or reinsurance agreement is
approved by a vote of the members, or the date which ends a
calendar quarter during which either of such actions is taken.
(3) Upon the liquidation of a domestic mutual insurer,
the distributive share of each such member shall be in the
proportion that the aggregate premiums earned by the insurer
on the policies of the member during the thirty-six months
before the last termination of the insurer’s certificate of
authority, bear to the aggregate of all premiums so earned on
the policies of all such members during the same thirty-six
months.
(4) Upon the reorganization of a domestic mutual insurer
as a domestic stock insurer under RCW 48.09.350(1) or upon
reinsurance of the whole of the liabilities and transfer of all
the assets of a domestic mutual insurer under RCW
48.09.350(2), the distributive share of each member entitled
thereto shall be in the proportion that the aggregate premiums
earned by the insurer on the policies in force of that member
during the thirty-six months before the eligibility date established under RCW 48.09.360(2) bear to the aggregate of all
premiums so earned during the same thirty-six months on all
the policies in force of all such members who are entitled to a
distributive share.
(5) If a life insurer, the insurer shall make a reasonable
classification of its life insurance policies so held by such
members entitled to a distributive share and a formula based
upon such classification for determining the equitable distributive share of each such member. Such classification and formula shall be subject to the commissioner’s approval. [1984
c 23 § 2; 1947 c 79 § .09.36; Rem. Supp. 1947 § 45.09.36.]
48.09.360
Chapter 48.10
Chapter 48.10 RCW
RECIPROCAL INSURERS
Sections
48.10.010
48.10.020
48.10.030
48.10.050
48.10.055
48.10.060
48.10.070
48.10.080
48.10.090
48.10.100
"Reciprocal insurance" defined.
"Reciprocal insurer" defined.
Scope of chapter.
Insuring powers of reciprocals.
Real property—Attorney’s duty.
Name—Suits.
Surplus funds required.
Attorney.
Organization of reciprocal.
Policies of original subscribers, effective when.
[Title 48 RCW—page 44]
48.10.110
48.10.120
48.10.130
48.10.140
48.10.150
48.10.160
48.10.170
48.10.180
48.10.190
48.10.200
48.10.220
48.10.230
48.10.250
48.10.260
48.10.270
48.10.280
48.10.290
48.10.300
48.10.310
48.10.320
48.10.330
48.10.340
Certificate of authority.
Power of attorney.
Modification of subscriber’s agreement or power of attorney.
Attorney’s bond.
Deposit in lieu of bond.
Actions on bond.
Service of legal process.
Annual statement.
Attorney’s contribution—Repayment.
Determination of financial condition.
Who may become subscriber.
Subscribers’ advisory committee.
Assessment liability of subscriber.
Action against subscriber requires judgment against insurer.
Assessments.
Time limit for assessment.
Aggregate liability.
Nonassessable policies.
Return of savings to subscribers.
Distribution of assets upon liquidation.
Merger—Conversion to stock or mutual insurer.
Impairment of assets—Procedure.
Dividends not to be guaranteed: RCW 48.30.100.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Policy dividends are payable to real party in interest: RCW 48.18.340.
48.10.010 "Reciprocal insurance" defined. "Reciprocal insurance" is that resulting from an interexchange among
persons, known as "subscribers," of reciprocal agreements of
indemnity, the interexchange being effectuated through an
"attorney-in-fact" common to all such persons. [1947 c 79 §
.10.01; Rem. Supp. 1947 § 45.10.01.]
48.10.010
48.10.020 "Reciprocal insurer" defined. A "reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an
attorney-in-fact to provide reciprocal insurance among themselves. [1947 c 79 § .10.02; Rem. Supp. 1947 § 45.10.02.]
48.10.020
48.10.030 Scope of chapter. All authorized reciprocal
insurers shall be governed by those sections of this chapter
not expressly made applicable to domestic reciprocal insurers. [1947 c 79 § .10.03; Rem. Supp. 1947 § 45.10.03.]
48.10.030
48.10.050 Insuring powers of reciprocals. (1) A reciprocal insurer may, upon qualifying therefor as provided by
this code, transact any kind or kinds of insurance defined by
this code, other than life or title insurances.
(2) A reciprocal insurer may purchase reinsurance upon
the risk of any subscriber, and may grant reinsurance as to
any kind of insurance which it is authorized to transact direct.
[1947 c 79 § .10.05; Rem. Supp. 1947 § 45.10.05.]
48.10.050
48.10.055 Real property—Attorney’s duty. A reciprocal insurer may purchase, sell, mortgage, encumber, lease,
or otherwise affect the title to real property for the purposes
and objects of the reciprocal insurer. All deeds, notes, mortgages, or other documents relating to the real property may
be executed in the name of the reciprocal insurer by its attorney. [1991 c 266 § 1.]
48.10.055
48.10.060 Name—Suits. A reciprocal insurer shall:
(1) Have and use a business name. The name shall
include the word "reciprocal," or "interinsurer," or "interin48.10.060
(2008 Ed.)
Reciprocal Insurers
surance," or "exchange," or "underwriters," or "underwriting."
(2) Sue and be sued in its own name. [1947 c 79 §
.10.06; Rem. Supp. 1947 § 45.10.06.]
48.10.070 Surplus funds required. (1) A domestic
reciprocal insurer hereafter formed, if it has otherwise complied with the provisions of this code, may be authorized to
transact insurance if it initially possesses surplus in an
amount equal to or exceeding the capital and surplus requirements required under RCW 48.05.340(1) plus special surplus, if any, required under *RCW 48.05.360 and thereafter
possesses, and maintains surplus funds equal to the paid-in
capital stock required under RCW 48.05.340 of a stock
insurer transacting like kinds of insurance, and the special
surplus, if any, required under *RCW 48.05.360.
(2) A domestic reciprocal insurer which under prior laws
held authority to transact insurance in this state may continue
to be so authorized so long as it otherwise qualifies therefor
and maintains surplus funds in amount not less than as
required under laws of this state in force at the time such
authority to transact insurance in this state was granted.
(3) A domestic reciprocal insurer heretofore formed
shall maintain on deposit with the commissioner surplus
funds of not less than the sum of one hundred thousand dollars, and to transact kinds of insurance transacted by it in
addition to that authorized by its original certificate of
authority, shall have and maintain surplus (including the
amount of such deposit) in amount not less than the paid-in
capital stock required under RCW 48.05.340(1) plus special
surplus, if any, required under *RCW 48.05.360, of a domestic stock insurer formed after 1967 and transacting the same
kinds of insurance. Such additional surplus funds need not be
deposited with the commissioner. [1985 c 264 § 4; 1975 1st
ex.s. c 266 § 5; 1963 c 195 § 5; 1947 c 79 § .10.07; Rem.
Supp. 1947 § 45.10.07.]
48.10.070
*Reviser’s note: RCW 48.05.360 was repealed by 2005 c 223 § 35.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.10.080 Attorney. (1) "Attorney" as used in this
chapter refers to the attorney-in-fact of a reciprocal insurer.
The attorney may be an individual, firm, or corporation.
(2) The attorney of a foreign or alien reciprocal insurer,
which insurer is duly authorized to transact insurance in this
state, shall not, by virtue of discharge of its duties as such
attorney with respect to the insurer’s transactions in this state,
be thereby deemed to be doing business in this state within
the meaning of any laws of this state applying to foreign persons, firms, or corporations.
(3) The subscribers and the attorney-in-fact comprise a
reciprocal insurer and a single entity for the purposes of chapter 48.14 RCW as to all operations under the insurer’s certificate of authority. [1965 ex.s. c 70 § 35; 1947 c 79 § .10.08;
Rem. Supp. 1947 § 45.10.08.]
48.10.080
48.10.090 Organization of reciprocal. (1) Twentyfive or more persons domiciled in this state may organize a
domestic reciprocal insurer and in compliance with this code
48.10.090
(2008 Ed.)
48.10.120
make application to the commissioner for a certificate of
authority to transact insurance.
(2) When applying for a certificate of authority, the original subscribers and the proposed attorney shall fulfill the
requirements of and shall execute and file with the commissioner a declaration setting forth:
(a) the name of the insurer;
(b) the location of the insurer’s principal office, which
shall be the same as that of the attorney and shall be maintained within this state;
(c) the kinds of insurance proposed to be transacted;
(d) the names and addresses of the original subscribers;
(e) the designation and appointment of the proposed
attorney and a copy of the power of attorney;
(f) the names and addresses of the officers and directors
of the attorney, if a corporation, or of its members, if a firm;
(g) the powers of the subscribers’ advisory committee
and the names and terms of office of the members thereof;
(h) that all moneys paid to the reciprocal, after deducting
therefrom any sum payable to the attorney, shall be held in
the name of the insurer and for the purposes specified in the
subscriber’s agreement;
(i) a copy of the subscriber’s agreement;
(j) a statement that each of the original subscribers has in
good faith applied for insurance of the kind proposed to be
transacted, and that the insurer has received from each such
subscriber the full premium or premium deposit required for
the policy applied for, for a term of not less than six months
at the rate theretofore filed with and approved by the commissioner;
(k) a statement of the financial condition of the insurer, a
schedule of its assets, and a statement that the surplus as
required by RCW 48.10.070 is on hand;
(l) a copy of each policy, endorsement, and application
form it then proposes to issue or use.
Such declaration shall be acknowledged by each such
subscriber and by the attorney in the manner required for the
acknowledgment of deeds to real estate. [1947 c 79 § .10.09;
Rem. Supp. 1947 § 45.10.09.]
48.10.100 Policies of original subscribers, effective
when. Any policy applied for by an original subscriber shall
become effective coincidentally with the issuance of a certificate of authority to the reciprocal insurer. [1947 c 79 §
.10.10; Rem. Supp. 1947 § 45.10.10.]
48.10.100
48.10.110 Certificate of authority. (1) The certificate
of authority of a reciprocal insurer shall be issued to its attorney in the name of the insurer.
(2) The commissioner may refuse, suspend, or revoke
the certificate of authority, in addition to other grounds therefor, for failure of its attorney to comply with any provision of
this code. [1947 c 79 § .10.11; Rem. Supp. 1947 § 45.10.11.]
48.10.110
48.10.120 Power of attorney. (1) The rights and powers of the attorney of a reciprocal insurer shall be as provided
in the power of attorney given it by the subscribers.
(2) The power of attorney must set forth:
(a) The powers of the attorney;
48.10.120
[Title 48 RCW—page 45]
48.10.130
Title 48 RCW: Insurance
(b) that the attorney is empowered to accept service of
process on behalf of the insurer and to authorize the commissioner to receive service of process in actions against the
insurer upon contracts exchanged;
(c) the services to be performed by the attorney in general;
(d) the maximum amount to be deducted from advance
premiums or deposits to be paid to the attorney;
(e) except as to nonassessable policies, a provision for a
contingent several liability of each subscriber in a specified
amount which amount shall be not less than one nor more
than ten times the premium or premium deposit stated in the
policy.
(3) The power of attorney may:
(a) Provide for the right of substitution of the attorney
and revocation of the power of attorney and rights thereunder;
(b) impose such restrictions upon the exercise of the
power as are agreed upon by the subscribers;
(c) provide for the exercise of any right reserved to the
subscribers directly or through their advisory committee;
(d) contain other lawful provisions deemed advisable.
(4) The terms of any power of attorney or agreement collateral thereto shall be reasonable and equitable, and no such
power or agreement or any amendment thereof, shall be used
or be effective in this state until approved by the commissioner. [1949 c 190 § 15; 1947 c 79 § .10.12; Rem. Supp.
1949 § 45.10.12.]
48.10.130 Modification of subscriber’s agreement or
power of attorney. Modification of the terms of the subscriber’s agreement or of the power of attorney of a domestic
reciprocal insurer shall be made jointly by the attorney and
the subscribers’ advisory committee. No such modification
shall be effective retroactively, nor as to any insurance contract issued prior thereto. [1947 c 79 § .10.13; Rem. Supp.
1947 § 45.10.13.]
48.10.130
48.10.140 Attorney’s bond. (1) Concurrently with the
filing of the declaration provided for in RCW 48.10.090, (or,
if an existing domestic reciprocal insurer, within ninety days
after the effective date of this code) the attorney of a domestic
reciprocal shall file with the commissioner a bond running to
the state of Washington. The bond shall be executed by the
attorney and by an authorized corporate surety, and shall be
subject to the commissioner’s approval.
(2) The bond shall be in the penal sum of twenty-five
thousand dollars, conditioned that the attorney will faithfully
account for all moneys and other property of the insurer coming into his hands, and that he will not withdraw or appropriate for his own use from the funds of the insurer any moneys
or property to which he is not entitled under the power of
attorney.
(3) The bond shall provide that it is not subject to cancellation unless thirty days advance notice in writing of intent to
cancel is given to both the attorney and the commissioner.
[1947 c 79 § .10.14; Rem. Supp. 1947 § 45.10.14.]
48.10.140
48.10.150 Deposit in lieu of bond. In lieu of such bond,
the attorney may maintain on deposit with the commissioner
48.10.150
[Title 48 RCW—page 46]
a like amount in cash or in value of securities qualified under
this code as insurers’ investments, and subject to the same
conditions as the bond. [1947 c 79 § .10.15; Rem. Supp.
1947 § 45.10.15.]
48.10.160 Actions on bond. Action on the attorney’s
bond or to recover against any such deposit made in lieu
thereof may be brought at any one time by one or more subscribers suffering loss through a violation of the conditions
thereof or by a receiver or liquidator of the insurer. Amounts
so recovered shall be deposited in and become part of the
insurer’s funds. [1947 c 79 § .10.16; Rem. Supp. 1947 §
45.10.16.]
48.10.160
48.10.170 Service of legal process. (1) A certificate of
authority shall not be issued to a domestic reciprocal insurer
unless prior thereto the attorney has executed and filed with
the commissioner the insurer’s irrevocable authorization of
the commissioner to receive legal process issued in this state
against the insurer upon any cause of action arising within
this state.
(2) The provisions of RCW 48.05.210 shall apply to service of such process upon the commissioner.
(3) In lieu of service on the commissioner, legal process
may be served upon a domestic reciprocal insurer by serving
the insurer’s attorney at his principal offices.
(4) Any judgment against the insurer based upon legal
process so served shall be binding upon each of the insurer’s
subscribers as their respective interests may appear and in an
amount not exceeding their respective contingent liabilities.
[1947 c 79 § .10.17; Rem. Supp. 1947 § 45.10.17.]
48.10.170
48.10.180 Annual statement. The annual statement of
a reciprocal insurer shall be made and filed by the attorney.
[1947 c 79 § .10.18; Rem. Supp. 1947 § 45.10.18.]
48.10.180
48.10.190 Attorney’s contribution—Repayment. No
contribution to a domestic reciprocal insurer’s surplus by the
attorney shall be retrievable by the attorney except under
such terms and in such circumstances as the commissioner
approves. [1947 c 79 § .10.19; Rem. Supp. 1947 § 45.10.19.]
48.10.190
48.10.200 Determination of financial condition. In
determining the financial condition of a reciprocal insurer the
commissioner shall apply the following rules:
(1) He shall charge as liabilities the same reserves as are
required of incorporated insurers issuing nonassessable policies on a reserve basis.
(2) The surplus deposits of subscribers shall be allowed
as assets, except that any premium deposit delinquent for
ninety days shall first be charged against such surplus
deposit.
(3) The surplus deposits of subscribers shall not be
charged as a liability.
(4) All premium deposits delinquent less than ninety
days shall be allowed as assets.
(5) An assessment levied upon subscribers, and not collected, shall not be allowed as an asset.
(6) The contingent liability of subscribers shall not be
allowed as an asset.
48.10.200
(2008 Ed.)
Reciprocal Insurers
(7) The computation of reserves shall be based upon premium deposits other than membership fees and without any
deduction for the compensation of the attorney. [1947 c 79 §
.10.20; Rem. Supp. 1947 § 45.10.20.]
48.10.220 Who may become subscriber. Any person,
government or governmental agency, state or political subdivision thereof, public or private corporation, board, association, estate, trustee, or fiduciary may be a subscriber of a
reciprocal insurer. [1947 c 79 § .10.22; Rem. Supp. 1947 §
45.10.22.]
48.10.220
48.10.230 Subscribers’ advisory committee. (1) The
advisory committee of a domestic reciprocal insurer exercising the subscribers’ rights shall be selected under such rules
as the subscribers adopt.
(2) Not less than three-fourths of such committee shall
be composed of subscribers other than the attorney, or any
person employed by, representing, or having a financial interest in the attorney.
(3) The committee shall:
(a) Supervise the finances of the insurer;
(b) supervise the insurer’s operations to such extent as to
assure their conformity with the subscribers’ agreement and
power of attorney;
(c) procure the audit of the accounts and records of the
insurer and of the attorney at the expense of the insurer;
(d) have such additional powers and functions as may be
conferred by the subscribers’ agreement. [1947 c 79 §
.10.23; Rem. Supp. 1947 § 45.10.23.]
48.10.230
48.10.250 Assessment liability of subscriber. (1) The
liability of each subscriber subject to assessment for the obligations of the reciprocal insurer shall not be joint, but shall be
individual and several.
(2) Each subscriber who is subject to assessment shall
have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers’
agreement, for payment of actual losses and expenses
incurred while his policy was in force. Such contingent liability may be at the rate of not less than one nor more than ten
times the premium or premium deposit stated in the policy,
and the maximum aggregate thereof shall be computed in the
manner set forth in RCW 48.10.290.
(3) Each assessable policy issued by the insurer shall
plainly set forth a statement of the contingent liability. [1947
c 79 § .10.25; Rem. Supp. 1947 § 45.10.25.]
48.10.250
48.10.260 Action against subscriber requires judgment against insurer. (1) No action shall lie against any
subscriber upon any obligation claimed against the insurer
until a final judgment has been obtained against the insurer
and remains unsatisfied for thirty days.
(2) Any such judgment shall be binding upon each subscriber only in such proportion as his interests may appear
and in an amount not exceeding his contingent liability, if
any. [1947 c 79 § .10.26; Rem. Supp. 1947 § 45.10.26.]
48.10.260
48.10.270 Assessments. (1) Assessments may be levied
from time to time upon the subscribers of a domestic recipro48.10.270
(2008 Ed.)
48.10.300
cal insurer, other than as to nonassessable policies, by the
attorney upon approval in advance by the subscribers’ advisory committee and the commissioner; or by the commissioner in liquidation of the insurer.
(2) Each such subscriber’s share of a deficiency for
which an assessment is made, not exceeding in any event his
aggregate contingent liability as computed in accordance
with RCW 48.10.290, shall be computed by applying to the
premium earned on the subscriber’s policy or policies during
the period to be covered by the assessment, the ratio of the
total deficiency to the total premiums earned during such
period upon all policies subject to the assessment.
(3) In computing the earned premiums for the purposes
of this section, the gross premium received by the insurer for
the policy shall be used as a base, deducting therefrom solely
charges not recurring upon the renewal or extension of the
policy.
(4) No subscriber shall have an offset against any assessment for which he is liable, on account of any claim for
unearned premium or losses payable. [1947 c 79 § .10.27;
Rem. Supp. 1947 § 45.10.27.]
48.10.280 Time limit for assessment. Every subscriber
of a domestic reciprocal insurer having contingent liability
shall be liable for, and shall pay his share of any assessment,
as computed and limited in accordance with this chapter, if:
(1) While his policy is in force or within one year after its
termination, he is notified by either the attorney or the commissioner of his intention to levy such assessment; or
(2) If an order to show cause why a receiver, conservator,
rehabilitator, or liquidator of the insurer should not be
appointed is issued pursuant to RCW 48.31.190 while his
policy is in force or within one year after its termination.
[1947 c 79 § .10.28; Rem. Supp. 1947 § 45.10.28.]
48.10.280
48.10.290 Aggregate liability. No one policy or subscriber as to such policy, shall be assessed or be charged with
an aggregate of contingent liability as to obligations incurred
by a domestic reciprocal insurer in any one calendar year, in
excess of the number of times the premium as stated in the
policy as computed solely upon premium earned on such policy during that year. [1947 c 79 § .10.29; Rem. Supp. 1947 §
45.10.29.]
48.10.290
48.10.300 Nonassessable policies. (1) Subject to the
special surplus requirements of *RCW 48.05.360, if a reciprocal insurer has a surplus of assets over all liabilities at least
equal to the minimum capital stock required of a domestic
stock insurer authorized to transact like kinds of insurance,
upon application of the attorney and as approved by the subscribers’ advisory committee the commissioner shall issue
his certificate authorizing the insurer to extinguish the contingent liability of subscribers under its policies then in force in
this state, and to omit provisions imposing contingent liability in all policies delivered or issued for delivery in this state
for so long as all such surplus remains unimpaired.
(2) Upon impairment of such surplus, the commissioner
shall forthwith revoke the certificate. No policy shall thereafter be issued or renewed without providing for the contingent
assessment liability of subscribers.
48.10.300
[Title 48 RCW—page 47]
48.10.310
Title 48 RCW: Insurance
(3) The commissioner shall not authorize a domestic
reciprocal insurer so to extinguish the contingent liability of
any of its subscribers or in any of its policies to be issued,
unless it qualifies to and does extinguish such liability of all
its subscribers and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of
another state in which the insurer is transacting insurance as
an authorized insurer, the insurer may issue policies providing for the contingent liability of such of its subscribers as
may acquire such policies in such state, and need not extinguish the contingent liability applicable to policies theretofore in force in such state. [1983 c 3 § 148; 1947 c 79 §
.10.30; Rem. Supp. 1947 § 45.10.30.]
*Reviser’s note: RCW 48.05.360 was repealed by 2005 c 223 § 35.
48.10.310 Return of savings to subscribers. A reciprocal insurer may from time to time return to its subscribers
any savings or credits accruing to their accounts. Any such
distribution shall not unfairly discriminate between classes of
risks, or policies, or between subscribers. [1947 c 79 §
.10.31; Rem. Supp. 1947 § 45.10.31.]
48.10.310
48.10.320 Distribution of assets upon liquidation.
Upon the liquidation of a domestic reciprocal insurer, its
assets remaining after discharge of its indebtedness and policy obligations, the return of any contribution of the attorney
to its surplus made as provided in RCW 48.10.190, and the
return of any unused deposits, savings, or credits, shall be
distributed to its subscribers who were such within the twelve
months prior to the last termination of its certificate of
authority according to such formula as may have been
approved by the commissioner. [1947 c 79 § .10.32; Rem.
Supp. 1947 § 45.10.32.]
48.10.320
48.10.330 Merger—Conversion to stock or mutual
insurer. (1) A domestic reciprocal insurer, upon affirmative
vote of not less than two-thirds of the subscribers who vote
upon such merger pursuant to such notice as may be
approved by the commissioner and with the approval of the
commissioner of the terms therefor, may merge with another
reciprocal insurer or be converted to a stock or mutual
insurer.
(2) Such a stock or mutual insurer shall be subject to the
same capital requirements and shall have the same rights as a
like domestic insurer transacting like kinds of insurance.
(3) The commissioner shall not approve any plan for
such merger or conversion which is inequitable to subscribers, or which, if for conversion to a stock insurer, does not
give each subscriber preferential right to acquire stock of the
proposed insurer proportionate to his interest in the reciprocal
insurer as determined in accordance with RCW 48.10.320
and a reasonable length of time within which to exercise such
right. [1947 c 79 § .10.33; Rem. Supp. 1947 § 45.10.33.]
48.10.330
48.10.340 Impairment of assets—Procedure. (1) If
the assets of a domestic reciprocal insurer are at any time
insufficient to discharge its liabilities other than any liability
on account of funds contributed by the attorney, and to maintain the surplus required for the kinds of insurance it is authorized to transact, its attorney shall forthwith levy an assess48.10.340
[Title 48 RCW—page 48]
ment upon subscribers made subject to assessment by the
terms of their policies for the amount needed to make up the
deficiency.
(2) If the attorney fails to make the assessment within
thirty days after the commissioner orders him to do so, or if
the deficiency is not fully made up within sixty days after the
date the assessment was made, the insurer shall be deemed
insolvent and shall be proceeded against as authorized by this
code.
(3) If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount,
subject to limits as provided by this chapter, as the commissioner determines to be necessary to discharge all liabilities
of the insurer, exclusive of any funds contributed by the attorney, but including the reasonable cost of the liquidation.
[1947 c 79 § .10.34; Rem. Supp. 1947 § 45.10.34.]
Chapter 48.11
Chapter 48.11 RCW
INSURING POWERS
Sections
48.11.020
48.11.030
48.11.040
48.11.050
48.11.060
48.11.070
48.11.080
48.11.100
48.11.105
48.11.130
48.11.140
"Life insurance" defined.
"Disability insurance" defined—"Stop loss insurance"
defined.
"Property insurance" defined.
"Marine and transportation insurance" defined.
"Vehicle insurance" defined.
"General casualty insurance" defined.
"Surety insurance" defined.
"Title insurance" defined.
"Ocean marine and foreign trade insurances" defined.
Reinsurance powers.
Limitation of single risk.
Workers’ compensation: Title 51 RCW.
48.11.020 "Life insurance" defined. "Life insurance"
is insurance on human lives and insurances appertaining
thereto or connected therewith. For the purposes of this code
the transacting of life insurance includes the granting of
annuities and endowment benefits; additional benefits in
event of death by accident; additional benefits in event of the
total and permanent disability of the insured; and optional
modes of settlement of proceeds. [1947 c 79 § .11.02; Rem.
Supp. 1947 § 45.11.02.]
48.11.020
48.11.030 "Disability insurance" defined—"Stop
loss insurance" defined. "Disability insurance" is insurance
against bodily injury, disablement or death by accident,
against disablement resulting from sickness, and every insurance appertaining thereto including stop loss insurance. "Stop
loss insurance" is insurance against the risk of economic loss
assumed under a self-funded employee disability benefit
plan. [1992 c 226 § 1; 1947 c 79 § .11.03; Rem. Supp. 1947
§ 45.11.03.]
48.11.030
Application—1992 c 226: "This act applies to policies issued or
renewed on or after July 1, 1992." [1992 c 226 § 4.]
48.11.040 "Property insurance" defined. "Property
insurance" is insurance against loss of or damage to real or
personal property of every kind and any interest therein, from
any or all hazard or cause, and against loss consequential
upon such loss or damage. [1947 c 79 § .11.04; Rem. Supp.
1947 § 45.11.04.]
48.11.040
(2008 Ed.)
Insuring Powers
48.11.050 "Marine and transportation insurance"
defined. "Marine and transportation insurance" is:
(1) Insurance against loss of or damage to:
(a) Vessels, craft, aircraft, vehicles, goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys,
securities, choses in action, evidences of debt, valuable
papers, bottomry, and respondentia interests and all other
kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of
navigation, transit or transportation, or while being assembled, packed, crated, baled, compressed or similarly prepared
for shipment or while awaiting shipment, or during any
delays, storage, transshipment, or reshipment incident
thereto, including war risks, marine builder’s risks, and all
personal property floater risks.
(b) Person or property in connection with or appertaining
to a marine, transit or transportation insurance, including liability for loss of or damage to either incident to the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or
surety bonds nor insurance against loss by reason of bodily
injury to any person arising out of the ownership, maintenance, or use of automobiles).
(c) Precious stones, jewels, jewelry, precious metals,
whether in course of transportation or otherwise.
(d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in
storage); piers, wharves, docks and slips, and other aids to
navigation and transportation, including dry docks and
marine railways, dams and appurtenant facilities for the control of waterways.
(2) "Marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured
for, loss, damage, or expense incident to ownership, operation, chartering, maintenance, use, repair or construction of
any vessel, craft or instrumentality in use in ocean or inland
waterways, including liability of the insured for personal
injury, illness or death or for loss of or damage to the property
of another person. [1947 c 79 § .11.05; Rem. Supp. 1947 §
45.11.05.]
48.11.050
48.11.060 "Vehicle insurance" defined. (1) "Vehicle
insurance" is insurance against loss or damage to any land
vehicle or aircraft or any draft or riding animal or to property
while contained therein or thereon or being loaded or
unloaded therein or therefrom, and against any loss or liability resulting from or incident to ownership, maintenance, or
use of any such vehicle or aircraft or animal.
(2) Insurance against accidental death or accidental
injury to individuals while in, entering, alighting from,
adjusting, repairing, cranking, or caused by being struck by a
vehicle, aircraft, or draft or riding animal, if such insurance is
issued as part of insurance on the vehicle, aircraft, or draft or
riding animal, shall be deemed to be vehicle insurance. [1947
c 79 § .11.06; Rem. Supp. 1947 § 45.11.06.]
48.11.060
48.11.070 "General casualty insurance" defined.
"General casualty insurance" includes vehicle insurance as
defined in RCW 48.11.060, and in addition is insurance:
48.11.070
(2008 Ed.)
48.11.080
(1) Against legal liability for the death, injury, or disability of any human being, or for damage to property.
(2) Of medical, hospital, surgical and funeral benefits to
persons injured, irrespective of legal liability of the insured,
when issued with or supplemental to insurance against legal
liability for the death, injury or disability of human beings.
(3) Of the obligations accepted by, imposed upon, or
assumed by employers under law for workers’ compensation.
(4) Against loss or damage by burglary, theft, larceny,
robbery, forgery, fraud, vandalism, malicious mischief, confiscation or wrongful conversion, disposal or concealment, or
from any attempt of any of the foregoing; also insurance
against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers or
documents, resulting from any cause, except while in the custody or possession of and being transported by any carrier for
hire or in the mail.
(5) Upon personal effects against loss or damage from
any cause.
(6) Against loss or damage to glass, including its lettering, ornamentation and fittings.
(7) Against any liability and loss or damage to property
resulting from accidents to or explosions of boilers, pipes,
pressure containers, machinery, or apparatus and to make
inspection of and issue certificates of inspection upon elevators, boilers, machinery, and apparatus of any kind.
(8) Against loss or damage to any property caused by the
breakage or leakage of sprinklers, water pipes and containers,
or by water entering through leaks or openings in buildings.
(9) Against loss or damage resulting from failure of debtors to pay their obligations to the insured (credit insurance).
(10) Against any other kind of loss, damage, or liability
properly the subject of insurance and not within any other
kind or kinds of insurance as defined in this chapter, if such
insurance is not contrary to law or public policy. [1987 c 185
§ 18; 1953 c 197 § 5; 1947 c 79 § .11.07; Rem. Supp. 1947 §
45.11.07.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.11.080 "Surety insurance" defined. "Surety insurance" includes:
(1) Credit insurance as defined in subdivision (9) of
RCW 48.11.070.
(2) Bail bond insurance.
(3) Fidelity insurance, which is insurance guaranteeing
the fidelity of persons holding positions of public or private
trust.
(4) Guaranteeing the performance of contracts, other
than insurance policies, and guaranteeing and executing
bonds, undertakings, and contracts of suretyship.
(5) Indemnifying banks, bankers, brokers, financial or
moneyed corporations or associations against loss resulting
from any cause of bills of exchange, notes, bonds, securities,
evidence of debts, deeds, mortgages, warehouse receipts, or
other valuable papers, documents, money, precious metals
and articles made therefrom, jewelry, watches, necklaces,
bracelets, gems, precious and semi-precious stones, including
any loss while the same are being transported in armored
motor vehicles, or by messenger, but not including any other
risks of transportation or navigation; also against loss or dam48.11.080
[Title 48 RCW—page 49]
48.11.100
Title 48 RCW: Insurance
age to such an insured’s premises, or to his furnishings, fixtures, equipment, safes and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any
attempt thereat. [1967 c 150 § 8; 1947 c 79 § .11.08; Rem.
Supp. 1947 § 45.11.08.]
c 462 § 53; 1983 c 3 § 149; 1959 c 225 § 2; 1947 c 79 §
.11.14; Rem. Supp. 1947 § 45.11.14.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.12
48.11.100 "Title insurance" defined. "Title insurance" is insurance of owners of property or others having an
interest in real property, against loss by encumbrance, or
defective titles, or adverse claim to title, and associated services. [2005 c 223 § 3; 1947 c 79 § .11.10; Rem. Supp. 1947
§ 45.11.10.]
48.11.100
48.11.105 "Ocean marine and foreign trade insurances" defined. For the purposes of this code other than as
to chapter 48.19 RCW "ocean marine and foreign trade insurances" shall include only:
(1) Insurances upon vessels, crafts, hulls, and of interests
therein or with relation thereto;
(2) Insurance of marine builders’ risks, marine war risks,
and contracts of marine protection and indemnity insurance;
(3) Insurance of freights and disbursements pertaining to
a subject of insurance coming within this definition;
(4) Insurance of personal property and interests therein,
in course of exportation from or importation into any country,
or in course of transportation coastwise, including transportation by land, water, or air from point of origin to final destination, in respect to, appertaining to, or in connection with,
any and all risks or perils of navigation, transit, or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment, or
reshipment incident thereto. [2007 c 80 § 5.]
48.11.105
Chapter 48.12 RCW
ASSETS AND LIABILITIES
Sections
48.12.010
48.12.020
48.12.030
48.12.040
48.12.050
48.12.060
48.12.070
48.12.080
48.12.090
48.12.100
48.12.110
48.12.140
48.12.154
48.12.156
48.12.158
48.12.160
48.12.162
48.12.164
48.12.166
48.12.168
48.12.170
48.12.180
48.12.190
48.12.200
"Assets" defined.
Nonallowable assets.
Liabilities.
Unearned premium reserve, property, casualty, and surety
insurance.
Unearned premium reserve, marine and transportation insurance.
Reserve—Disability insurance.
Loss records.
Increased reserves.
Loss reserves—Liability insurance.
Unallocated liability loss expense.
Schedule of experience.
"Loss payments," "loss expense" defined.
Rules.
Qualified United States financial institution—Definition.
Insolvency of non-United States insurer or reinsurer—Maintenance of assets—Claims.
Credit for reinsurance—Trust fund—Regulatory oversight.
Credit for reinsurance—Contract provisions—After December 31, 1996—Payment—Rights of original insured or policyholder.
Credit for reinsurance—Accounting or financial statement—
After December 31, 1996.
Assuming alien reinsurer—Registration—Requirements—
Duties of commissioner—Costs.
Credit for reinsurance—Foreign ceding insurer.
Valuation of bonds.
Valuation of stocks.
Valuation of property.
Valuation of purchase money mortgages.
48.12.010 "Assets" defined. In any determination of
the financial condition of any insurer there shall be allowed
as assets only such assets as belong wholly and exclusively to
the insurer, which are registered, recorded, or held under the
insurer’s name, and which consist of:
(1) Cash in the possession of the insurer or in transit
under its control, and the true balance of any deposit of the
insurer in a solvent bank or trust company;
(2) Investments, securities, properties, and loans
acquired or held in accordance with this code, and in connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of
indebtedness which is not in default and which is not valued
on a basis including accrued interest.
(b) Declared and unpaid dividends on stocks and shares
unless such amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an
amount not to exceed one year’s interest thereon.
(d) Interest due or accrued on deposits in solvent banks
and trust companies, and interest due or accrued on other
assets if such interest is in the judgment of the commissioner
a collectible asset.
(e) Interest due or accrued on a mortgage loan, in amount
not exceeding in any event the amount, if any, of the difference between the unpaid principal and the value of the property less delinquent taxes thereon; but if any interest on the
loan is in default more than one hundred eighty days, or if any
interest on the loan is in default and any taxes or any install48.12.010
48.11.130 Reinsurance powers. A domestic mutual
assessment insurer shall not have authority to accept reinsurance. Any other domestic insurer may accept reinsurance
only of such kinds of insurance as it is authorized to transact
direct. [1947 c 79 § .11.13; Rem. Supp. 1947 § 45.11.13.]
48.11.130
48.11.140 Limitation of single risk. (1) An insurer
may not retain any risk on any one subject of insurance,
whether located or to be performed in this state or elsewhere,
in an amount exceeding ten percent of its surplus to policyholders.
(2) For the purposes of this section, a "subject of insurance" as to insurance against fire includes all properties
insured by the same insurer that are reasonably subject to loss
or damage from the same fire.
(3) Reinsurance in an alien reinsurer not qualified under
RCW 48.12.166 may not be deducted in determining risk
retained for the purposes of this section.
(4) In the case of surety insurance, the net retention shall
be computed after deduction of reinsurances, the amount
assumed by any co-surety, the value of any security deposited, pledged, or held subject to the consent of the surety and
for the protection of the surety.
(5) This section does not apply to life insurance, disability insurance, title insurance, or insurance of marine risks or
marine protection and indemnity risks. [2005 c 223 § 4; 1993
48.11.140
[Title 48 RCW—page 50]
(2008 Ed.)
Assets and Liabilities
ment thereof on the property are and have been due and
unpaid for more than one hundred eighty days, no allowance
shall be made for any interest on the loan.
(f) Rent due or accrued on real property if such rent is not
in arrears for more than three months.
(3) Premium notes, policy loans, and other policy assets
and liens on policies of life insurance, in amount not exceeding the legal reserve and other policy liabilities carried on
each individual policy;
(4) The net amount of uncollected and deferred premiums in the case of a life insurer which carries the full annual
mean tabular reserve liability;
(5) Premiums in the course of collection, other than for
life insurance, not more than ninety days past due, less commissions payable thereon. The foregoing limitation shall not
apply to premiums payable directly or indirectly by the
United States government or any of its instrumentalities;
(6) Installment premiums other than life insurance premiums, in accordance with regulations prescribed by the
commissioner consistent with practice formulated or adopted
by the National Association of Insurance Commissioners;
(7) Notes and like written obligations not past due, taken
for premiums other than life insurance premiums, on policies
permitted to be issued on such basis, to the extent of the
unearned premium reserves carried thereon and unless otherwise required by regulation prescribed by the commissioner;
(8) Reinsurance recoverable subject to RCW 48.12.160;
(9) Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a
reinsurance treaty;
(10) Deposits or equities recoverable from underwriting
associations, syndicates and reinsurance funds, or from any
suspended banking institution, to the extent deemed by the
commissioner available for the payment of losses and claims
and at values to be determined by him;
(11) Electronic and mechanical machines constituting a
data processing and accounting system if the cost of such system is at least twenty-five thousand dollars, which cost shall
be amortized in full over a period not to exceed three calendar
years; and
(12) Other assets, not inconsistent with the foregoing
provisions, deemed by the commissioner available for the
payment of losses and claims, at values to be determined by
him. [2007 c 80 § 2; 1977 ex.s. c 180 § 2; 1963 c 195 § 11;
1947 c 79 § .12.01; Rem. Supp. 1947 § 45.12.01.]
48.12.020 Nonallowable assets. In addition to assets
impliedly excluded under RCW 48.12.010, the following
expressly shall not be allowed as assets in any determination
of the financial condition of an insurer:
(1) Goodwill, except in accordance with regulations prescribed by the commissioner, trade names, agency plants and
other like intangible assets.
(2) Prepaid or deferred charges for expenses and commissions paid by the insurer.
(3) Advances to officers (other than policy loans or loans
made pursuant to RCW 48.07.130), whether secured or not,
and advances to employees, agents and other persons on personal security only.
(4) Stock of such insurer, owned by it, or any equity
therein or loans secured thereby, or any proportionate interest
48.12.020
(2008 Ed.)
48.12.040
in such stock through the ownership by such insurer of an
interest in another firm, corporation or business unit.
(5) Furniture, furnishings, fixtures, safes, equipment,
vehicles, library, stationery, literature, and supplies; except,
electronic and mechanical machines authorized by subsection (11) of RCW 48.12.010, or such personal property as the
insurer is permitted to hold pursuant to paragraph (e) of subsection (2) of RCW 48.13.160, or which is acquired through
foreclosure of chattel mortgages acquired pursuant to RCW
48.13.150, or which is reasonably necessary for the maintenance and operation of real estate lawfully acquired and held
by the insurer other than real estate used by it for home office,
branch office, and similar purposes.
(6) The amount, if any, by which the aggregate book
value of investments as carried in the ledger assets of the
insurer exceeds the aggregate value thereof as determined
under this code. [1982 c 218 § 1; 1963 c 195 § 12; 1947 c 79
§ .12.02; Rem. Supp. 1947 § 45.12.02.]
Severability—1982 c 218: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 218 § 7.]
48.12.030 Liabilities. In any determination of the
financial condition of an insurer, liabilities to be charged
against its assets shall include:
(1) The amount of its capital stock outstanding, if any;
and
(2) The amount, estimated consistent with the provisions
of this chapter, necessary to pay all of its unpaid losses and
claims incurred on or prior to the date of statement, whether
reported or unreported, together with the expense of adjustment or settlement thereof; and
(3) With reference to life and disability insurance, and
annuity contracts,
(a) the amount of reserves on life insurance policies and
annuity contracts in force (including disability benefits for
both active and disabled lives, and accidental death benefits,
in or supplementary thereto) and disability insurance, valued
according to the tables of mortality, tables of morbidity, rates
of interest, and methods adopted pursuant to this chapter
which are applicable thereto; and
(b) any additional reserves which may be required by the
commissioner, consistent with practice formulated or
approved by the National Association of Insurance Commissioners, on account of such insurances; and
(4) With reference to insurances other than those specified in subdivision (3) of this section, and other than title
insurance, the amount of reserves equal to the unearned portions of the gross premiums charged on policies in force,
computed in accordance with this chapter; and
(5) Taxes, expenses, and other obligations accrued at the
date of the statement; and
(6) Any additional reserve set up by the insurer for a specific liability purpose or required by the commissioner consistent with practices adopted or approved by the National
Association of Insurance Commissioners. [1973 1st ex.s. c
162 § 1; 1947 c 79 § .12.03; Rem. Supp. 1947 § 45.12.03.]
48.12.030
48.12.040 Unearned premium reserve, property,
casualty, and surety insurance. (1) With reference to insur48.12.040
[Title 48 RCW—page 51]
48.12.050
Title 48 RCW: Insurance
ances against loss or damage to property, except as provided
in RCW 48.12.050, and with reference to all general casualty
insurances, and surety insurances, every insurer shall maintain an unearned premium reserve on all policies in force.
(2) The commissioner may require that such reserve
shall be equal to the unearned portions of the gross premiums
in force after deducting authorized reinsurance, as computed
on each respective risk from the policy’s date of issue. If the
commissioner does not so require, the portions of the gross
premiums in force, less authorized reinsurance, to be held as
a premium reserve, shall be computed according to the following table:
Term for which policy
was written
One year, or less . . . . . . .
Two years . . . . . . . . . . . .
Three years . . . . . . . . . . .
Four years . . . . . . . . . . . .
Five years . . . . . . . . . . . .
Over five years . . . . . . . .
Reserve for
unearned premium
First year
Second year
First year
Second year
Third year
First year
Second year
Third year
Fourth year
First year
Second year
Third year
Fourth year
Fifth year
Pro rata
to appropriate standards set forth in regulations issued by the
commissioner and, in no event, less in the aggregate than the
pro rata gross unearned premiums for such policies. [1973
1st ex.s. c 162 § 3; 1947 c 79 § .12.06; Rem. Supp. 1947 §
45.12.06.]
48.12.070 Loss records. An insurer shall maintain a
complete and itemized record showing all losses and claims
as to which it has received notice, including with regard to
property, casualty, surety, and marine and transportation
insurances, all notices received of the occurrence of any
event which may result in a loss. [1947 c 79 § .12.07; Rem.
Supp. 1947 § 45.12.07.]
48.12.070
48.12.080 Increased reserves. (1) If the commissioner
determines that an insurer’s unearned premium reserves,
however computed, are inadequate, he may require the
insurer to compute such reserves or any part thereof according to such other method or methods as are prescribed in this
chapter.
(2) If the loss experience of an insurer shows that its loss
reserves, however estimated, are inadequate, the commissioner shall require the insurer to maintain loss reserves in
such increased amount as is needed to make them adequate.
[1947 c 79 § .12.08; Rem. Supp. 1947 § 45.12.08.]
48.12.080
1/2
3/4
1/4
5/6
1/2
1/6
7/8
5/8
3/8
1/8
9/10
7/10
1/2
3/10
1/10
(3) In lieu of computation according to such table, all of
such reserves may be computed, at the insurer’s option, on a
monthly pro rata basis.
(4) After adopting any one of the methods for computing
such reserve an insurer shall not change methods without the
commissioner’s approval.
(5) If, for certain policies, the insurer’s exposure to loss
is uneven over the policy term, the commissioner may grant
permission to the insurer to use a different method of calculating the unearned premium reserve on those certain policies. [1995 c 35 § 1; 1973 1st ex.s. c 162 § 2; 1947 c 79 §
.12.04; Rem. Supp. 1947 § 45.12.04.]
48.12.050 Unearned premium reserve, marine and
transportation insurance. With reference to marine and
transportation insurances, premiums on trip risks not terminated shall be deemed unearned and the commissioner may
require the insurer to carry a reserve thereon equal to one
hundred percent on trip risks written during the month ended
as of the date of statement; and computed upon a pro rata
basis or, with the commissioner’s consent, in accordance
with the alternative methods provided in RCW 48.12.040 for
all other risks. [1947 c 79 § .12.05; Rem. Supp. 1947 §
45.12.05.]
48.12.090 Loss reserves—Liability insurance. The
reserves for outstanding losses and loss expenses under policies of personal injury liability insurance and under policies
of employer’s liability insurance shall be computed as follows:
(1) The reserves for outstanding losses and loss expenses
under policies of personal injury liability insurance and under
policies of employer’s liability insurance shall be computed
in accordance with accepted loss-reserving standards and
principles and shall make a reasonable provision for all
unpaid loss and loss expense obligations of the insurer under
the terms of such policies.
(2) Reserves under liability policies written during the
three years immediately preceding the date of determination
shall include any additional reserves required by the annual
statement instructions of the national association of insurance
commissioners. [1995 c 35 § 2; 1947 c 79 § .12.09; Rem.
Supp. 1947 § 45.12.09.]
48.12.090
48.12.050
48.12.060 Reserve—Disability insurance. For all disability insurance policies the insurer shall maintain an active
life reserve which shall place a sound value on its liabilities
under such policies and be not less than the reserve according
48.12.100 Unallocated liability loss expense. Subject
to any restrictions contained in the annual statement instructions or accounting practices and procedures manuals of the
national association of insurance commissioners, all unallocated liability loss expense payments shall be distributed as
follows:
(1) All payments associated with particular claims shall
be distributed to the year in which the claim was covered; and
(2) All other payments shall be distributed by year in a
reasonable manner. [1995 c 35 § 3; 1947 c 79 § .12.10; Rem.
Supp. 1947 § 45.12.10.]
48.12.100
48.12.060
[Title 48 RCW—page 52]
48.12.110 Schedule of experience. Any insurer transacting any liability or workers’ compensation insurances
shall include in its annual statement filed with the commis48.12.110
(2008 Ed.)
Assets and Liabilities
sioner, a schedule of its experience thereunder in such form
as the commissioner may prescribe. [1987 c 185 § 19; 1947
c 79 § .12.11; Rem. Supp. 1947 § 45.12.11.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.140 "Loss payments," "loss expense" defined.
"Loss payments" and "loss expense payments" as used with
reference to liability and workers’ compensation insurances
shall include all payments to claimants, payments for medical
and surgical attendance, legal expenses, salaries and
expenses of investigators, adjusters and claims field men,
rents, stationery, telegraph and telephone charges, postage,
salaries and expenses of office employees, home office
expenses and all other payments made on account of claims,
whether such payments are allocated to specific claims or are
unallocated. [1987 c 185 § 22; 1947 c 79 § .12.14; Rem.
Supp. 1947 § 45.12.14.]
48.12.140
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.154 Rules. The commissioner may adopt rules to
implement and administer chapter 379, Laws of 1997. [1997
c 379 § 9.]
48.12.154
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.156 Qualified United States financial institution—Definition. For purposes of chapter 379, Laws of
1997, a "qualified United States financial institution" means
an institution that complies with all of the following:
(1) Is organized or, in the case of a United States office
of a foreign banking organization, licensed under the laws of
the United States or any state thereof;
(2) Is regulated, supervised, and examined by United
States federal or state authorities having regulatory authority
over banks and trust companies;
(3) Has been determined by the commissioner, or, in the
discretion of the commissioner, the securities valuation office
of the national association of insurance commissioners, to
meet such standards of financial condition and standing as
are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be
acceptable to the commissioner; and
(4) Is not affiliated with the assuming company. [1997 c
379 § 2.]
48.12.156
Purpose—Intent—1997 c 379: "(1) The purpose of this act is to protect the interest of insureds, claimants, ceding insurers, assuming insurers,
and the public generally.
(2) It is the intent of the legislature to ensure adequate regulation of
insurers and reinsurers and adequate protection for those to whom they owe
obligations.
(3) It is also the intent of the legislature to declare that the matters contained in this act are fundamental to the business of insurance and to exercise
its powers and privileges under 15 U.S.C. Secs. 1011 and 1012." [1997 c
379 § 1.]
48.12.158 Insolvency of non-United States insurer or
reinsurer—Maintenance of assets—Claims. Upon insolvency of a non-United States insurer or reinsurer that provides security to fund its United States obligations in accordance with chapter 379, Laws of 1997, the assets representing the security must be maintained in the United States and
48.12.158
(2008 Ed.)
48.12.160
claims must be filed with and valued by the state insurance
commissioner with regulatory oversight, and the assets distributed, in accordance with the insurance laws of the state in
which the trust is domiciled that are applicable to the liquidation of domestic United States insurance companies. [1997 c
379 § 3.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.160 Credit for reinsurance—Trust fund—Regulatory oversight. (1) Any insurance company organized
under the laws of this state may take credit as an asset or as a
deduction from loss or claim, unearned premium, or life policy or contract reserves on risks ceded to a reinsurer to the
extent reinsured by an insurer or insurers holding a certificate
of authority to transact that kind of business in this state,
unless the assuming insurer is the subject of a regulatory
order or regulatory oversight by a state in which it is licensed
based upon a commissioner’s determination that the assuming insurer is in a hazardous financial condition. The credit
on ceded risks reinsured by any insurer which is not authorized to transact business in this state may be taken:
(a) Where the reinsurer is a group including incorporated
and unincorporated underwriters, and the group maintains a
trust fund in a qualified United States financial institution
which trust fund must be in an amount equal to:
(i) For reinsurance ceded under reinsurance agreements
with an inception, amendment, or renewal date on or after
August 1, 1995, funds in trust in an amount not less than the
group’s several liabilities attributable to business ceded by
United States domiciled insurers to any member of the group;
or
(ii) For reinsurance ceded under reinsurance agreements
with an inception date on or before July 31, 1995, and not
amended or renewed after that date, notwithstanding the
other provisions of chapter 379, Laws of 1997, funds in trust
in an amount not less than the group’s several insurance and
reinsurance liabilities attributable to business written in the
United States.
In addition, the group shall maintain a trusteed surplus of
which one hundred million dollars shall be held jointly and
exclusively for the benefit of United States ceding insurers of
any member of the group.
The incorporated members of the group shall not be
engaged in any business other than underwriting as a member
of the group and shall be subject to the same level of solvency
regulation and control by the group’s domiciliary regulator as
are the unincorporated members; and the group shall make
available to the commissioner an annual certification of the
solvency of each underwriter by the group’s domiciliary regulator and its independent public accountants;
(b) Where the reinsurer does not meet the definition of
(a) of this subsection, the single assuming alien reinsurer that,
as of the date of the ceding insurer’s statutory financial statement, maintains a trust fund in a qualified United States
financial institution, which trust fund must be in an amount
not less than the assuming alien reinsurer’s liabilities attributable to reinsurance ceded by United States domiciled insurers, and in addition, the assuming insurer shall maintain a
trusteed surplus of not less than twenty million dollars, and
the assuming alien reinsurer maintaining the trust fund must
48.12.160
[Title 48 RCW—page 53]
48.12.160
Title 48 RCW: Insurance
have received a registration from the commissioner under
RCW 48.12.166. The assuming alien reinsurer shall report on
or before February 28th to the commissioner substantially the
same information as that required to be reported on the
national association of insurance commissioners annual
statement form by licensed insurers, to enable the commissioner to determine the sufficiency of the trust fund;
(c) In an amount not exceeding:
(i) The amount of deposits by and funds withheld from
the assuming insurer pursuant to express provision therefor in
the reinsurance contract, as security for the payment of the
obligations thereunder, if the deposits or funds are assets of
the types and amounts that are authorized under chapter
48.13 RCW and are held subject to withdrawal by and under
the control of the ceding insurer or if the deposits or funds are
placed in trust for these purposes in a bank which is a member
of the federal reserve system and withdrawals from the trust
cannot be made without the consent of the ceding company;
or
(ii) The amount of a clean, irrevocable, and unconditional letter of credit issued by a United States bank that is
determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in
connection with reinsurance, and issued for a term of at least
one year with provisions that it must be renewed unless the
bank gives notice of nonrenewal at least thirty days before the
expiration issued under arrangements satisfactory to the commissioner of insurance as constituting security to the ceding
insurer substantially equal to that of a deposit under (c)(i) of
this subsection.
(2) Credit for reinsurance may not be granted under subsection (1)(a), (b), and (c)(i) of this section unless:
(a) The form of the trust and amendments to the trust
have been approved by the insurance commissioner of the
state where the trust is located, or the insurance commissioner of another state who, pursuant to the terms of the trust
agreement, has accepted principal regulatory oversight of the
trust;
(b) The trust and trust amendments are filed with the
commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled;
(c) The trust instrument provides that contested claims
are valid, enforceable, and payable out of funds in trust to the
extent remaining unsatisfied thirty days after entry of the
final order of a court of competent jurisdiction in the United
States;
(d) The trust vests legal title to its assets in the trustees of
the trust for the benefit of the grantor’s United States ceding
insurers, their assigns, and successors in interest;
(e) The trust and the assuming insurer are subject to
examination as determined by the commissioner;
(f) The trust shall remain in effect for as long as the
assuming insurer, member, or former member of a group of
insurers has outstanding obligations due under the reinsurance agreements subject to the trust; and
(g) No later then [than] February 28th of each year, the
trustees of the trust report to the commissioner in writing setting forth the balance of the trust and listing the trust’s investments at the preceding year end. In addition, the trustees of
the trust shall certify the date of termination of the trust, if so
[Title 48 RCW—page 54]
planned, or certify that the trust shall not expire within the
next twelve months.
(3) Any reinsurance ceded by a company organized
under the laws of this state or ceded by any company not
organized under the laws of this state and transacting business in this state must be payable by the assuming insurer on
the basis of liability of the ceding company under the contract
or contracts reinsured without diminution because of the
insolvency of the ceding company, and any such reinsurance
agreement which may be canceled on less than ninety days
notice must provide for a run-off of the reinsurance in force
at the date of cancellation.
(4) The domiciliary conservator, liquidator, receiver, or
statutory successor of an insolvent ceding insurer shall give
written notice to the assuming insurer of the pendency of a
claim against the insolvent ceding insurer on the policy or
bond reinsured within a reasonable time after such claim is
filed in the insolvency proceeding and that during the pendency of such claim any assuming insurer may investigate
such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defense or
defenses which it may deem available to the ceding insurer or
its liquidator or receiver or statutory successor.
The expense thus incurred by the assuming insurer shall
be chargeable subject to court approval against the insolvent
ceding insurer as a part of the expense of liquidation to the
extent of a proportionate share of the benefit which may
accrue to the ceding insurer solely as a result of the defense
undertaken by the assuming insurer.
(5) Where two or more assuming insurers are involved in
the same claim and a majority in interest elect to interpose to
such claim, the expense shall be apportioned in accordance
with the terms of the reinsurance agreement as though such
expense had been incurred by the ceding insurer.
(6) The credit permitted by subsection (1)(b) of this section is prohibited unless the assuming alien insurer agrees in
the trust agreement, notwithstanding other provisions in the
trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subsection
(1)(b) of this section or if the grantor of the trust has been
declared insolvent or placed into receivership, rehabilitation,
liquidation, or similar proceedings under the laws of its state
or country of domicile:
(a) To comply with an order of the commissioner with
regulatory oversight over the trust or with an order of a court
of competent jurisdiction directing the trustee to transfer to
the commissioner with regulatory oversight all of the assets
of the trust fund;
(b) That assets be distributed by, and insurance claims of
United States trust beneficiaries be filed with and valued by,
the commissioner with regulatory oversight in accordance
with the laws of the state in which the trust is domiciled that
are applicable to the liquidation of domestic insurance companies;
(c) That if the commissioner with regulatory oversight
determines that the assets of the trust fund or a part thereof
are not necessary to satisfy the claims of the United States
ceding insurers, which are United States trust beneficiaries,
the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution
in accordance with the trust agreement; and
(2008 Ed.)
Assets and Liabilities
(d) That the grantor waives any right otherwise available
to it under United States law that is inconsistent with this provision. [1997 c 379 § 6; 1996 c 297 § 1; 1994 c 86 § 1; 1993
c 91 § 2; 1977 ex.s. c 180 § 3; 1947 c 79 § .12.16; Rem. Supp.
1947 § 45.12.16.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
Rules to implement—1996 c 297: "The insurance commissioner shall
adopt rules to implement and administer the amendatory changes made by
section 1, chapter 297, Laws of 1996." [1996 c 297 § 2.]
Effective dates—1996 c 297: "(1) Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public institutions, and
shall take effect immediately [March 30, 1996].
(2) Section 1 of this act shall take effect January 1, 1997." [1996 c 297
§ 4.]
Effective date—1994 c 86: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 23, 1994]." [1994 c 86 § 3.]
48.12.162 Credit for reinsurance—Contract provisions—After December 31, 1996—Payment—Rights of
original insured or policyholder. (1) Credit for reinsurance
in a reinsurance contract entered into after December 31,
1996, is allowed a domestic ceding insurer as either an asset
or a deduction from liability in accordance with RCW
48.12.160 only if the reinsurance contract contains provisions
that provide, in substance, as follows:
(a) The reinsurer shall indemnify the ceding insurer
against all or a portion of the risk it assumed according to the
terms and conditions contained in the reinsurance contract.
(b) In the event of insolvency and the appointment of a
conservator, liquidator, or statutory successor of the ceding
company, the portion of risk or obligation assumed by the
reinsurer is payable to the conservator, liquidator, or statutory
successor on the basis of claims allowed against the insolvent
company by a court of competent jurisdiction or by a conservator, liquidator, or statutory successor of the company having authority to allow such claims, without diminution
because of that insolvency, or because the conservator, liquidator, or statutory successor failed to pay all or a portion of
any claims. Payments by the reinsurer as provided in this subsection are made directly to the ceding insurer or to its conservator, liquidator, or statutory successor, except where the
contract of insurance, reinsurance, or other written agreement
specifically provides another payee of such reinsurance in the
event of the insolvency of the ceding insurer.
(2) Payment under a reinsurance contract must be made
within a reasonable time with reasonable provision for verification in accordance with the terms of the reinsurance agreement. However, in no event shall the payments be beyond the
period required by the national association of insurance commissioners accounting practices and procedures manual.
(3) The original insured or policyholder may not have
any rights against the reinsurer that are not specifically set
forth in the contract of reinsurance, or in a specific agreement
between the reinsurer and the original insured or policyholder. [1997 c 379 § 4.]
48.12.162
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.164 Credit for reinsurance—Accounting or
financial statement—After December 31, 1996. Credit for
48.12.164
(2008 Ed.)
48.12.166
reinsurance, as either an asset or a deduction, is prohibited in
an accounting or financial statement of the ceding insurer in
respect to the reinsurance contract unless, in such contract,
the reinsurer undertakes to indemnify the ceding insurer
against all or a part of the loss or liability arising out of the
original insurance. This section only applies to those reinsurance contracts entered into after December 31, 1996. [1997 c
379 § 5.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.166 Assuming alien reinsurer—Registration—
Requirements—Duties of commissioner—Costs. (1) The
assuming alien reinsurer must register with the commissioner
and must:
(a) File with the commissioner evidence of its submission to this state’s jurisdiction and to this state’s authority to
examine its books and records under chapter 48.03 RCW;
(b) Designate the commissioner as its lawful attorney
upon whom service of all papers may be made for an action,
suit, or proceeding instituted by or on behalf of the ceding
insurer;
(c) File with the commissioner a certified copy of a letter
or a certificate of authority or a certificate of compliance
issued by the assuming alien insurer’s domiciliary jurisdiction and the domiciliary jurisdiction of its United States reinsurance trust;
(d) Submit a statement, signed and verified by an officer
of the assuming alien insurer to be true and correct, that discloses whether the assuming alien insurer or an affiliated person who owns or has a controlling interest in the assuming
alien insurer is currently known to be the subject of one or
more of the following:
(i) An order or proceeding regarding conservation, liquidation, or receivership;
(ii) An order or proceeding regarding the revocation or
suspension of a license or accreditation to transact insurance
or reinsurance in any jurisdiction; or
(iii) An order or proceeding brought by an insurance regulator in any jurisdiction seeking to restrict or stop the assuming alien insurer from transacting insurance or reinsurance
based upon a hazardous financial condition.
The assuming alien insurer shall provide the commissioner with copies of all orders or other documents initiating
proceedings subject to disclosure under this subsection. The
statement must affirm that no actions, proceedings, or orders
subject to this subsection are outstanding against the assuming alien insurer or an affiliated person who owns or has a
controlling interest in the assuming alien insurer, except as
disclosed in the statement;
(e) File other information, financial or otherwise, which
the commissioner reasonably requests.
(2) A registration continues in force until suspended,
revoked, or not renewed. A registration is subject to renewal
annually on the first day of July upon application of the
assuming alien insurer and payment of the fee in the same
amount as an insurer pays for renewal of a certificate of
authority.
(3) The commissioner shall give an assuming alien
insurer notice of his or her intention to revoke or refuse to
48.12.166
[Title 48 RCW—page 55]
48.12.168
Title 48 RCW: Insurance
renew its registration at least ten days before the order of
revocation or refusal is to become effective.
(4) The commissioner shall, consistent with chapters
48.04 and 34.05 RCW, deny or revoke an assuming alien
insurer’s registration if the assuming alien insurer no longer
qualifies or meets the requirements for registration.
(5) The commissioner may, consistent with chapters
48.04 and 34.05 RCW, deny or revoke an assuming alien
insurer’s registration if the assuming alien insurer:
(a) Fails to comply with a provision of this chapter or
fails to comply with an order or regulation of the commissioner;
(b) Is found by the commissioner to be in such a condition that its further transaction of reinsurance would be hazardous to ceding insurers, policyholders, or the people in this
state;
(c) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of a crime involving fraud,
dishonesty, or moral turpitude;
(d) Usually compels policy-holding claimants either to
accept less than the amount due them or to bring suit against
the assuming alien insurer to secure full payment of the
amount due;
(e) Refuses to be examined, or its trustees, directors,
officers, employees, or representatives refuse to submit to
examination or to produce its accounts, records, and files for
examination by the commissioner when required, or refuse to
perform a legal obligation relative to the examination;
(f) Refuses to submit to the jurisdiction of the United
States courts;
(g) Fails to pay a final judgment rendered against it:
(i) Within thirty days after the judgment became final;
(ii) Within thirty days after time for taking an appeal has
expired; or
(iii) Within thirty days after dismissal of an appeal
before final determination;
whichever date is later;
(h) Is found by the commissioner, after investigation or
upon receipt of reliable information:
(i) To be managed by persons, whether by its trustees,
directors, officers, or by other means, who are incompetent or
untrustworthy or so lacking in insurance company management experience as to make proposed operation hazardous to
the insurance-buying public; or
(ii) That there is good reason to believe it is affiliated
directly or indirectly through ownership, control, or business
relations, with a person or persons whose business operations
are, or have been found to be, in violation of any law or rule,
to the detriment of policyholders, stockholders, investors,
creditors, or of the public, by bad faith or by manipulation of
the assets, accounts, or reinsurance;
(i) Does business through reinsurance intermediaries or
other representatives in this state or in any other state, who
are not properly licensed under applicable laws and rules; or
(j) Fails to pay, by the date due, any amounts required by
this code.
(6) A domestic ceding insurer is not allowed credit with
respect to reinsurance ceded, if the assuming alien insurer’s
registration has been revoked by the commissioner.
[Title 48 RCW—page 56]
(7) The actual costs and expenses incurred by the commissioner for an examination of a registered alien insurer
must be charged to and collected from the alien reinsurer.
(8) A registered alien reinsurer is included as a "class
one" organization for the purposes of RCW 48.02.190. [1997
c 379 § 7.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.168 Credit for reinsurance—Foreign ceding
insurer. (1) Unless credit for reinsurance or deduction from
liability is prohibited under RCW 48.12.164, a foreign ceding
insurer is allowed credit for reinsurance or deduction from
liability to the extent credit has been allowed by the ceding
insurer’s state of domicile if:
(a) The state of domicile is accredited by the national
association of insurance commissioners; or
(b) Credit or deduction from liability would be allowed
under chapter 379, Laws of 1997 if the foreign ceding insurer
were domiciled in this state.
(2) Notwithstanding subsection (1) of this section, credit
for reinsurance or deduction from liability may be disallowed
upon a finding by the commissioner that either the condition
of the reinsurer, or the collateral or other security provided by
the reinsurer, does not satisfy the credit for reinsurance
requirements applicable to ceding insurers domiciled in this
state. [1997 c 379 § 8.]
48.12.168
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.170 Valuation of bonds. (1) All bonds or other
evidences of debt having a fixed term and rate held by any
insurer may, if amply secured and not in default as to principal or interest, be valued as follows:
(a) If purchased at par, at the par value.
(b) If purchased above or below par, on the basis of the
purchase price adjusted so as to bring the value to par at the
earliest date callable at par or maturing at par and so as to
yield in the meantime the effective rate of interest at which
the purchase was made; or in lieu of such method, according
to such accepted method of valuation as is approved by the
commissioner.
(c) Purchase price shall in no case be taken at a higher
figure than the actual market value at the time of purchase.
(d) Unless otherwise provided by a valuation established
or approved by the National Association of Insurance Commissioners, no such security shall be carried at above call
price for the entire issue during any period within which the
security may be so called.
(2) Such securities not amply secured or in default as to
principal or interest shall be carried at market value.
(3) The commissioner shall have full discretion in determining the method of calculating values according to the
rules set forth in this section, and not inconsistent with any
such methods then currently formulated or approved by the
National Association of Insurance Commissioners. [1947 c
79 § .12.17; Rem. Supp. 1947 § 45.12.17.]
48.12.170
48.12.180 Valuation of stocks. (1) Securities, other
than those referred to in RCW 48.12.170, held by an insurer
shall be valued, in the discretion of the commissioner, at their
48.12.180
(2008 Ed.)
Investments
market value, or at their appraised value, or at prices determined by him or her as representing their fair market value.
(2) Preferred or guaranteed stocks or shares while paying
full dividends may be carried at a fixed value in lieu of market value, at the discretion of the commissioner and in accordance with such method of computation as he or she may
approve.
(3) The stock of a subsidiary of an insurer shall be valued
on the basis of the greater of (a) the value of only such of the
assets of such subsidiary as would constitute lawful investments for the insurer if acquired or held directly by the
insurer or (b) such other value determined pursuant to rules
and cumulative limitations which shall be promulgated by the
commissioner to effectuate the purposes of this chapter.
(4) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as then
adopted by the National Association of Insurance Commissioners. [1993 c 462 § 54; 1973 c 151 § 1; 1947 c 79 § .12.18;
Rem. Supp. 1947 § 45.12.18.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.12.190 Valuation of property. (1) Real property
acquired pursuant to a mortgage loan or a contract for a deed,
in the absence of a recent appraisal deemed by the commissioner to be reliable, shall not be valued at an amount greater
than the unpaid principal of the defaulted loan or contract at
the date of such acquisition, together with any taxes and
expenses paid or incurred in connection with such acquisition, and the cost of improvements thereafter made by the
insurer and any amounts thereafter paid by the insurer on
assessments levied for improvements in connection with the
property.
(2) Other real property held by an insurer shall not be
valued at any amount in excess of fair value, less reasonable
depreciation based on the estimated life of the improvements.
(3) Personal property acquired pursuant to chattel mortgages made under RCW 48.13.150 shall not be valued at an
amount greater than the unpaid balance of principal on the
defaulted loan at date of acquisition together with taxes and
expenses incurred in connection with such acquisition, or the
fair value of such property, whichever amount is the lesser.
(4) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as then
adopted by the National Association of Insurance Commissioners. [1993 c 462 § 55; 1967 ex.s. c 95 § 10; 1947 c 79 §
.12.19; Rem. Supp. 1947 § 45.12.19.]
48.12.190
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.13.010
sioners. [1993 c 462 § 56; 1947 c 79 § .12.20; Rem. Supp.
1947 § 45.12.20.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.13
Sections
48.13.010
48.13.020
48.13.030
48.13.040
48.13.050
48.13.060
48.13.070
48.13.080
48.13.090
48.13.100
48.13.110
48.13.120
48.13.125
48.13.130
48.13.140
48.13.150
48.13.160
48.13.170
48.13.180
48.13.190
48.13.200
48.13.210
48.13.218
48.13.220
48.13.230
48.13.240
48.13.250
48.13.260
48.13.265
48.13.270
48.13.273
48.13.275
48.13.280
48.13.285
48.13.290
48.13.340
48.13.350
48.13.360
48.13.450
48.13.455
48.13.460
48.13.465
48.13.470
48.13.475
48.13.480
48.13.490
48.12.200 Valuation of purchase money mortgages.
(1) Purchase money mortgages shall be valued in an amount
not exceeding the acquisition cost of the real property covered thereby or ninety percent of the fair value of such real
property, whichever is less.
(2) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as then
adopted by the National Association of Insurance Commis48.12.200
(2008 Ed.)
Chapter 48.13 RCW
INVESTMENTS
Scope of chapter—Eligible investments.
General qualifications.
Limitation on securities of one entity or a depository institution.
Public obligations.
Corporate obligations.
Terms defined.
Securities of merged or reorganized institutions.
Preferred or guaranteed stocks.
Trustees’ or receivers’ obligations.
Equipment trust certificates.
Mortgages, deeds of trust, mortgage bonds, notes, contracts.
Investments limited by property value.
Mortgage loans on one family dwellings—Limitation on
amortization.
"Encumbrance" defined.
Appraisal of property—Insurance—Limit of loan.
Auxiliary chattel mortgages.
Real property owned—Home office building.
Disposal of real property—Time limit.
Foreign securities.
Policy loans.
Savings and share accounts.
Insurance stocks.
Limitation on insurer loans or investments.
Common stocks—Investment—Acquisition—Engaging in
certain businesses.
Collateral loans.
Miscellaneous investments.
Special consent investments.
Required investments for capital and reserves.
Investments secured by real estate—Amount restricted.
Prohibited investments.
Acquisition of medium and lower grade obligations—Definitions—Limitations—Rules.
Obligations rated by the securities valuation office.
Securities underwriting, agreements to withhold or repurchase, prohibited.
Derivative transactions—Restrictions—Definitions—Rules.
Disposal of ineligible property or securities.
Authorization of investments.
Record of investments.
Investments of foreign and alien insurers.
Safeguarding securities—Definitions.
Safeguarding securities—Deposit in a clearing corporation—
Certificates—Records.
Safeguarding securities—Authorized methods of holding
securities.
Safeguarding securities—Requirement to receive a confirmation.
Safeguarding securities—Broker executing a trade—Time
limits.
Safeguarding securities—Maintenance with a custodian—
Commissioner may order transfer—Challenge to order—
Standing at hearing or for judicial review.
Safeguarding securities—Insurance company’s securities—
Written agreement with custodian—Required terms.
Safeguarding securities—Rules.
Valuation of investments: RCW 48.12.170 through 48.12.200.
48.13.010 Scope of chapter—Eligible investments.
(1) Investments of domestic insurers shall be eligible to be
held as assets only as prescribed in this chapter.
(2) Any particular investment of a domestic insurer held
by it on the effective date of this code and which was a legal
investment immediately prior thereto, shall be deemed a legal
investment hereunder.
48.13.010
[Title 48 RCW—page 57]
48.13.020
Title 48 RCW: Insurance
(3) The eligibility of an investment shall be determined
as of the date of its making or acquisition.
(4) Except as to RCW 48.13.360, this chapter applies
only to domestic insurers. [1973 c 151 § 2; 1947 c 79 §
.13.01; Rem. Supp. 1947 § 45.13.01.]
48.13.020 General qualifications. (1) No security or
other investment shall be eligible for purchase or acquisition
under this chapter unless it is interest bearing or interest
accruing or dividend or income paying, is not then in default
in any respect, and the insurer is entitled to receive for its
exclusive account and benefit, the interest or income accruing
thereon; except,
(a) that an insurer may acquire real property as provided
in RCW 48.13.160, and
(b) that this section shall not prevent participation by an
insurer in a mortgage loan if the insurer, either individually or
jointly with other lenders, holds a senior participation in such
mortgage or deed of trust giving it substantially the rights of
a first mortgagee as to its interest in that loan.
(2) No security shall be eligible for purchase at a price
above its market value except voting stock of a corporation
being acquired as a subsidiary.
(3) No provision of this chapter shall prohibit the acquisition by an insurer of other or additional securities or property if received as a dividend or as a lawful distribution of
assets, or if acquired pursuant to a lawful and bona fide agreement of bulk reinsurance or consolidation. Any investments
so acquired through bulk reinsurance or consolidation, which
are not otherwise eligible under this chapter, shall be disposed of pursuant to RCW 48.13.290 if personal property or
securities, or pursuant to RCW 48.13.170 if real property.
[1983 1st ex.s. c 32 § 2; 1982 c 218 § 2; 1967 ex.s. c 95 § 11;
1947 c 79 § .13.02; Rem. Supp. 1947 § 45.13.02.]
48.13.020
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.030 Limitation on securities of one entity or a
depository institution. (1) Except as set forth in RCW
48.13.273, an insurer shall not, except with the consent of the
commissioner, have at any time any combination of investments in or loans upon the security of the obligations, property, and securities of any one person, institution, or municipal corporation aggregating an amount exceeding four percent of the insurer’s assets. This section shall not apply to
investments in, or loans upon the security of general obligations of the government of the United States or of any state of
the United States, nor to investments in foreign securities
pursuant to RCW 48.13.180(1), nor include policy loans
made pursuant to RCW 48.13.190.
(2) An insurer shall not, except with the consent of the
commissioner, have at any time investments in the voting
securities of a depository institution or any company which
controls a depository institution aggregating an amount
exceeding five percent of the insurer’s admitted assets. [2001
c 21 § 1; 1993 c 92 § 1; 1947 c 79 § .13.03; Rem. Supp. 1947
§ 45.13.03.]
48.13.030
48.13.040 Public obligations. An insurer may invest
any of its funds in bonds or other evidences of debt, not in
default as to principal or interest, which are valid and legally
48.13.040
[Title 48 RCW—page 58]
authorized obligations issued, assumed or guaranteed by the
United States or by any state thereof or by any territory or
possession of the United States or by the District of Columbia
or by any county, city, town, village, municipality or district
therein or by any political subdivision thereof or by any civil
division or public instrumentality of one or more of the foregoing, if, by statutory or other legal requirements applicable
thereto, such obligations are payable, as to both principal and
interest, (1) from taxes levied or required to be levied upon all
taxable property or all taxable income within the jurisdiction
of such governmental unit or, (2) from adequate special revenues pledged or otherwise appropriated or by law required to
be provided for the purpose of such payment, but not including any obligation payable solely out of special assessments
on properties benefited by local improvements unless adequate security is evidenced by the ratio of assessment to the
value of the property or the obligation is additionally secured
by an adequate guaranty fund required by law. [1947 c 79 §
.13.04; Rem. Supp. 1947 § 45.13.04.]
48.13.050
48.13.050 Corporate obligations. Except as set forth
in RCW 48.13.273, an insurer may invest any of its funds in
obligations other than those eligible for investment under
RCW 48.13.110 if they are issued, assumed, or guaranteed by
any solvent institution created or existing under the laws of
the United States or of any state, district or territory thereof,
and are qualified under any of the following:
(1) Obligations which are secured by adequate collateral
security and bear fixed interest if during each of any three,
including the last two, of the five fiscal years next preceding
the date of acquisition by the insurer, the net earnings of the
issuing, assuming or guaranteeing institution available for its
fixed charges, as defined in RCW 48.13.060, have been not
less than one and one-fourth times the total of its fixed
charges for such year. In determining the adequacy of collateral security, not more than one-third of the total value of
such required collateral shall consist of stock other than stock
meeting the requirements of RCW 48.13.080.
(2) Fixed interest bearing obligations, other than those
described in subdivision (1) of this section, if the net earnings
of the issuing, assuming or guaranteeing institution available
for its fixed charges for a period of five fiscal years next preceding the date of acquisition by the insurer have averaged
per year not less than one and one-half times its average
annual fixed charges applicable to such period and if during
the last year of such period such net earnings have been not
less than one and one-half times its fixed charges for such
year.
(3) Adjustment, income or other contingent interest obligations if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of
five fiscal years next preceding the date of acquisition by the
insurer have averaged per year not less than one and one-half
times the sum of its average annual fixed charges and its
average annual maximum contingent interest applicable to
such period and if during each of the last two years of such
period such net earnings have been not less than one and onehalf times the sum of its fixed charges and maximum contingent interest for such year. [1993 c 92 § 2; 1947 c 79 §
.13.05; Rem. Supp. 1947 § 45.13.05.]
(2008 Ed.)
Investments
48.13.060 Terms defined. (1) Certain terms used are
defined for the purposes of this chapter as follows:
(a) "Obligation" includes bonds, debentures, notes or
other evidences of indebtedness.
(b) "Net earnings available for fixed charges" means net
income after deducting operating and maintenance expenses,
taxes other than federal and state income taxes, depreciation
and depletion, but excluding extraordinary nonrecurring
items of income or expense appearing in the regular financial
statements of such institution.
(c) "Fixed charges" includes interest on funded and
unfunded debt, amortization of debt discount, and rentals for
leased properties.
(d) "Admitted assets" means the amount as of the last
day of the most recently concluded annual statement year,
computed in the same manner as "assets" in RCW 48.12.010.
(e) "Aggregate amount" of medium grade and lower
grade obligations means the aggregate statutory statement
value of those obligations thereof.
(f) "Institution" means a corporation, a joint stock company, an association, a trust, a business partnership, a business joint venture, or similar entity.
(2) If net earnings are determined in reliance upon consolidated earnings statements of parent and subsidiary institutions, such net earnings shall be determined after provision
for income taxes of subsidiaries and after proper allowance
for minority stock interest, if any; and the required coverage
of fixed charges shall be computed on a basis including fixed
charges and preferred dividends of subsidiaries other than
those payable by such subsidiaries to the parent corporation
or to any other of such subsidiaries, except that if the minority
common stock interest in the subsidiary corporation is substantial, the fixed charges and preferred dividends may be
apportioned in accordance with regulations prescribed by the
commissioner. [1993 c 92 § 3; 1947 c 79 § .13.06; Rem.
Supp. 1947 § 45.13.06.]
48.13.060
48.13.070 Securities of merged or reorganized institutions. In applying the earnings test set forth in RCW
48.13.060 to any such institution, whether or not in legal
existence during the whole of such five years next preceding
the date of investment by the insurer, which has at any time
during the five-year period acquired substantially all of the
assets of any other institution or institutions by purchase,
merger, consolidation or otherwise, or has been reorganized
pursuant to the bankruptcy law, the earnings of the predecessor or constituent institutions, or of the institution so reorganized, available for interest and dividends for such portion of
the five-year period as may have preceded such acquisition,
or such reorganization, may be included in the earnings of
such issuing, assuming or guaranteeing institution for such
portion of such period as may be determined in accordance
with adjusted or pro forma consolidated earnings statements
covering such portion of such period and giving effect to all
stock or shares outstanding, and all fixed charges existing,
immediately after such acquisition, or such reorganization.
[1947 c 79 § .13.07; Rem. Supp. 1947 § 45.13.07.]
48.13.070
48.13.080 Preferred or guaranteed stocks. (1) An
insurer may invest any of its funds, in an aggregate amount
not exceeding ten percent of its assets, if a life insurer, or not
48.13.080
(2008 Ed.)
48.13.100
exceeding fifteen percent of such assets if other than a life
insurer, in preferred or guaranteed stocks or shares, other than
common stocks, of solvent institutions existing under the
laws of the United States or of any state, district or territory
thereof, if all of the prior obligations and prior preferred
stocks, if any, of such institution at the date of acquisition by
the insurer are eligible as investments under this chapter; and
if qualified under either of the following:
(a) Preferred stocks or shares shall be deemed qualified
if both these requirements are met:
(i) The net earnings of the institution available for its
fixed charges for a period of five fiscal years next preceding
the date of acquisition by the insurer must have averaged per
year not less than one and one-half times the sum of its average annual fixed charges, if any, its average annual maximum
contingent interest, if any, and its average annual preferred
dividend requirements applicable to such period; and
(ii) during each of the last two years of such period such
net earnings must have been not less than one and one-half
times the sum of its fixed charges, contingent interest and
preferred dividend requirements for such year. The term
"preferred dividend requirements" shall be deemed to mean
cumulative or noncumulative dividends whether paid or not.
(b) Guaranteed stocks or shares shall be deemed qualified if the assuming or guaranteeing institution meets the
requirements of subdivision (1) of RCW 48.13.050, construed so as to include as a fixed charge the amount of guaranteed dividends of such issue or the rental covering the guarantee of such dividends.
(2) An insurer shall not invest in or loan upon any preferred stock having voting rights, of any one institution, in
excess of such proportion of the total issued and outstanding
preferred stock of such institution having voting rights, as
would, when added to any common shares of such institution,
directly or indirectly held by it, exceed fifteen percent of all
outstanding shares of such institution having voting rights,
nor an amount in excess of the limit provided by RCW
48.13.030. This limitation shall not apply to such shares of a
corporation which is the subsidiary of an insurer, and which
corporation is engaged exclusively in a kind of business
properly incidental to the insurance business of the insurer.
[1947 c 79 § .13.08; Rem. Supp. 1947 § 45.13.08.]
48.13.090 Trustees’ or receivers’ obligations. An
insurer may invest any of its funds, in an aggregate amount
not exceeding two percent of its assets, in certificates, notes,
or other obligations issued by trustees or receivers of institutions existing under the laws of the United States or of any
state, district or territory thereof, which, or the assets of
which, are being administered under the direction of any
court having jurisdiction, if such obligation is adequately
secured as to principal and interest. [1947 c 79 § .13.09;
Rem. Supp. 1947 § 45.13.09.]
48.13.090
48.13.100 Equipment trust certificates. An insurer
may invest any of its funds, in an aggregate amount not
exceeding ten percent of its assets, in equipment trust obligations or certificates which are adequately secured, or in other
adequately secured instruments evidencing an interest in
transportation equipment wholly or in part within the United
48.13.100
[Title 48 RCW—page 59]
48.13.110
Title 48 RCW: Insurance
States and the right to receive determined portions of rental,
purchase or other fixed obligatory payments for the use or
purchase of such transportation equipment. [1947 c 79 §
.13.10; Rem. Supp. 1947 § 45.13.10.]
48.13.110 Mortgages, deeds of trust, mortgage
bonds, notes, contracts. An insurer may invest any of its
funds in:
(1)(a) Bonds or evidences of debt which are secured by
first mortgages or deeds of trust on improved unencumbered
real property located in the United States;
(b) Chattel mortgages in connection therewith pursuant
to RCW 48.13.150;
(c) The equity of the seller of any such property in the
contract for a deed, covering the entire balance due on a bona
fide sale of such property, in amount not to exceed ten thousand dollars or the amount permissible under RCW
48.13.030, whichever is greater, in any one such contract for
deed.
(2) Purchase money mortgages or like securities
received by it upon the sale or exchange of real property
acquired pursuant to RCW 48.13.160 as amended by section
7, chapter 241, Laws of 1969 ex. sess.
(3) Bonds or notes secured by mortgage or trust deed
guaranteed or insured by the Federal Housing Administration
under the terms of an act of congress of the United States of
June 27, 1934, entitled the "National Housing Act," as
amended.
(4) Bonds or notes secured by mortgage or trust deed
guaranteed or insured as to principal in whole or in part by the
Administrator of Veterans’ Affairs pursuant to the provisions
of Title III of an act of congress of the United States of June
22, 1944, entitled the "Servicemen’s Readjustment Act of
1944," as amended.
(5) Evidences of debt secured by first mortgages or
deeds of trust upon leasehold estates, except agricultural
leaseholds executed pursuant to *RCW 79.01.096, running
for a term of not less than fifteen years beyond the maturity of
the loan as made or as extended, in improved real property,
otherwise unencumbered, and if the mortgagee is entitled to
be subrogated to all the rights under the leasehold.
(6) Evidences of debt secured by first mortgages or
deeds of trust upon agricultural leasehold estates executed
pursuant to *RCW 79.01.096, otherwise unencumbered, and
if the mortgagee is entitled to be subrogated to all the rights
under the leasehold. [1975 1st ex.s. c 154 § 1; 1969 ex.s. c
241 § 4; 1947 c 79 § .13.11; Rem. Supp. 1947 § 45.13.11.]
48.13.110
*Reviser’s note: RCW 79.01.096 was recodified as RCW 79.11.010
pursuant to 2003 c 334 § 556. For agricultural leaseholds, see RCW
79.13.060.
48.13.120 Investments limited by property value. (1)
An investment made pursuant to the provisions of RCW
48.13.110 shall not exceed seventy-five percent of the fair
value of the particular property at the time of investment.
However, if the loan is secured by a first mortgage or other
first lien upon real property improved with a single-family
residential building, the terms of such loan provide for
monthly payments of principal and interest sufficient to
effect full repayment of the loan within the remaining useful
life of the building as estimated in the appraisal for the loan,
48.13.120
[Title 48 RCW—page 60]
or thirty years and two months, whichever is less, the principal so loaned or the entire note or bond issue so secured, plus
the amount of the liens of any public bond, assessment, or tax
assessed upon the property, shall not exceed eighty percent of
the market value of the real property, or of the real property
together with the improvements which are taken as security.
This restriction shall not apply to purchase money mortgages
or like securities received by an insurer upon the sale or
exchange of real property acquired pursuant to RCW
48.13.160.
(2) The extent to which a mortgage loan made under
RCW 48.13.110 (3) or (4) is guaranteed or insured by the
Federal Housing Administration or guaranteed by the
Administrator of Veterans’ Affairs may be deducted before
application of the limitations contained in subsection (1) of
this section. [2007 c 80 § 6; 1993 c 92 § 7; 1969 ex.s. c 241
§ 5; 1967 c 150 § 11; 1955 c 303 § 1; 1949 c 190 § 16; 1947
c 79 § .13.12; Rem. Supp. 1949 § 45.13.12.]
48.13.125
48.13.125 Mortgage loans on one family dwellings—
Limitation on amortization. Loans on one family dwellings
secured by mortgages or deeds of trust or investments therein
shall be amortized within not more than thirty years and two
months by payments of installments thereon at regular intervals not less frequent than every three months; except those
guaranteed or insured in whole or in part by the Federal
Housing Administration, the Administrator of Veterans’
Affairs or the Farmers Home Administration. [1969 ex.s. c
241 § 6; 1967 c 150 § 10.]
48.13.130
48.13.130 "Encumbrance" defined. (1) Real property
shall not be deemed to be encumbered within the meaning of
RCW 48.13.110 by reason of the existence of:
(a) Instruments reserving mineral, oil, timber or similar
rights, rights-of-way, sewer rights, or rights in walls;
(b) Liens for taxes or assessments not delinquent, or liens
not delinquent for community recreational facilities, or for
the maintenance of community facilities, or for service and
maintenance of water rights;
(c) Building restrictions or other restrictive covenants;
(d) Encroachments, if such encroachments are taken into
consideration in determining the fair value of the property;
(e) A lease under which rents or profits are reserved to
the owner if in any event the security for the loan or investment is a first lien upon the real property; or
(f) With respect to loans secured by mortgage, deed of
trust, or other collateral guaranteed or insured in full or in part
by the government of the United States, such encumbrances
as are allowed as exceptions in title by the administrator or
administration of the division of such government so guaranteeing or insuring.
(2) If under any of the exceptions set forth in subsection
(1) of this section there is any sum owing but not due or delinquent, the total amount of such sum shall be deducted from
the amount which otherwise might be loaned on the property.
The value of any mineral, oil, timber or similar right reserved
shall not be included in the fair value of the property. [1955
c 303 § 2; 1947 c 79 § .13.13; Rem. Supp. 1947 § 45.13.13.]
(2008 Ed.)
Investments
48.13.140 Appraisal of property—Insurance—Limit
of loan. (1) The fair value of property shall be determined by
appraisal by a competent appraiser at the time of the acquisition of real property or of the making or acquiring of a mortgage loan or investing in a contract for the deed thereon;
except, that as to bonds or notes secured by mortgage or trust
deed guaranteed or insured by the Federal Housing Administration, or guaranteed or insured as to principal in full or in
part by the Administrator of Veterans’ Affairs, or guaranteed
or insured by the Farmers Home Administration, the valuation made by such administration or administrator shall be
deemed to have been made by a competent appraiser for the
purposes of this subsection.
(2) Buildings and other improvements located on mortgaged premises shall be kept insured for the benefit of the
mortgagee against loss or damage from fire in an amount not
less than the unpaid balance of the obligation, or the insurable
value of the property, whichever is the lesser.
(3) An insurer shall not make or acquire a loan or loans
upon the security of any one parcel of real property in aggregate amount in excess of twenty-five thousand dollars or
more than the amount permissible under RCW 48.13.030,
whichever is the greater. [1967 ex.s. c 95 § 12; 1955 c 303 §
3; 1947 c 79 § .13.14; Rem. Supp. 1947 § 45.13.14.]
48.13.140
48.13.150 Auxiliary chattel mortgages. (1) In connection with a mortgage loan on the security of real property
designed and used primarily for residential purposes only,
acquired pursuant to RCW 48.13.110, an insurer may loan or
invest an amount not exceeding twenty percent of the amount
loaned on or invested in such real property mortgage, on the
security of a chattel mortgage for a term of not more than five
years representing a first and prior lien, except for taxes not
then delinquent, on personal property constituting durable
equipment owned by the mortgagor and kept and used in the
mortgaged premises.
(2) The term "durable equipment" shall include only
mechanical refrigerators, mechanical laundering machines,
heating and cooking stoves and ranges, mechanical kitchen
aids, vacuum cleaners, and fire extinguishing devices; and in
addition in the case of apartment houses and hotels, room furniture and furnishings.
(3) Prior to acquisition of a chattel mortgage, items of
property to be included shall be separately appraised by a
competent appraiser and the fair market value thereof determined. No such chattel mortgage loan shall exceed in amount
the same ratio of loan to the value of the property as is applicable to the companion loan on the real property. [1947 c 79
§ .13.15; Rem. Supp. 1947 § 45.13.15.]
48.13.150
48.13.160 Real property owned—Home office building. (1) An insurer may own and invest or have invested in
its home office and branch office buildings any of its funds in
aggregate amount not to exceed ten percent of its assets
unless approved by the commissioner, or if a mutual or reciprocal insurer not to exceed ten percent of its assets nor such
amount as would reduce its surplus, exclusive of such investment, below fifty thousand dollars unless approved by the
commissioner.
(2) An insurer may own real property acquired in satisfaction or on account of loans, mortgages, liens, judgments,
48.13.160
(2008 Ed.)
48.13.170
or other debts previously owing to the insurer in the course of
its business.
(3) An insurer may invest or have invested in aggregate
amount not exceeding three percent of its assets in the following real property, and in the repair, alteration, furnishing, or
improvement thereof:
(a) Real property requisite for its accommodation in the
convenient transaction of its business if approved by the
commissioner.
(b) Real property acquired by gift or devise.
(c) Real property acquired in exchange for real property
owned by it. If necessary in order to consummate such an
exchange, the insurer may put up cash in amount not to
exceed twenty percent of the fair value of its real property to
be so exchanged, in addition to such property.
(d) Real property acquired through a lawful merger or
consolidation with it of another insurer and not required for
the purposes specified in subsection (1) and in paragraph (a)
of subsection (2) of this section.
(e) Upon approval of the commissioner, in real property
and equipment incident to real property, requisite or desirable
for the protection or enhancement of the value of other real
property owned by the insurer.
(4) A domestic life insurer with assets of at least twentyfive million dollars and at least ten million dollars in capital
and surplus, and a domestic property and casualty insurer
with assets of at least seventy-five million dollars and at least
thirty million dollars in capital and surplus, or, if a mutual or
reciprocal property or casualty insurer, at least thirty million
dollars in surplus, may, in addition to the real property
included in subsections (1), (2) and (3) of this section, own
such real property other than property to be used for ranch,
mining, recreational, amusement, or club purposes, as may be
acquired as an investment for the production of income, or as
may be acquired to be improved or developed for such investment purpose pursuant to an existing program therefor, subject to the following limitations and conditions:
(a) The cost of each parcel of real property so acquired
under this subsection (4), including the estimated cost to the
insurer of the improvement or development thereof, when
added to the book value of all other real property under this
subsection (4), together with the admitted value of all common stock, then held by it, shall not exceed twenty percent of
its admitted assets or fifty percent of its surplus over the minimum required surplus, whichever is greater, as of the thirtyfirst day of December next preceding; and
(b) The cost of each parcel of real property so acquired,
including the estimated cost to the insurer of the improvement or development thereof, shall not exceed as of the
thirty-first day of December next preceding, four percent of
its admitted assets.
(c) Indirect or proportionate interests in real estate held
by a domestic life insurer through any subsidiary shall be
included in proportion to such insurer’s interest in the subsidiary in applying the limits provided in subsection (4). [1981
c 339 § 6; 1973 c 151 § 3; 1969 ex.s. c 241 § 7; 1967 ex.s. c
95 § 13; 1949 c 190 § 17; 1947 c 79 § .13.16; Rem. Supp.
1949 § 45.13.16.]
48.13.170 Disposal of real property—Time limit. (1)
Real property acquired by an insurer pursuant to paragraph
48.13.170
[Title 48 RCW—page 61]
48.13.180
Title 48 RCW: Insurance
(a) of subsection (3) of RCW 48.13.160 shall be disposed of
within five years after it has ceased being necessary for the
use of the insurer in the transaction of its business. Real property acquired by an insurer pursuant to loans, mortgages,
liens, judgments, or other debts, or pursuant to paragraphs
(b), (c), (d), and (e) of subsection (3) of RCW 48.13.160 shall
be disposed of within five years after date of acquisition. The
time for any such disposal may be extended by the commissioner for a definite additional period or periods upon application and proof that forced sale of the property, otherwise
necessary, would be against the best interests of the insurer.
(2) Any such real property held by the insurer without
the commissioner’s consent beyond the time permitted for its
disposal shall not be carried or allowed as an asset. [1967
ex.s. c 95 § 14; 1947 c 79 § .13.17; Rem. Supp. 1947 §
45.13.17.]
48.13.180 Foreign securities. (1) An insurer authorized to transact insurance in a foreign country may invest
any of its funds, in aggregate amount not exceeding its
deposit and reserve obligations incurred in such country, in
securities of or in such country possessing characteristics and
of a quality similar to those required pursuant to this chapter
for investments in the United States.
(2) Subject to the limitations in this chapter, an insurer
may invest any of its funds, in an aggregate amount not
exceeding ten percent of its assets, in addition to any amount
permitted pursuant to subsection (1) of this section, in obligations of foreign governments including provinces, counties,
municipalities, or similar entities, and in obligations and
securities of foreign corporations, which have not been in
default during the five years next preceding date of acquisition, and if the foreign jurisdiction has a sovereign debt rating
of SVO 1. However, an investment made in any one foreign
country pursuant to this subsection shall not exceed five percent of the insurer’s assets. [2003 c 251 § 1; 1947 c 79 §
.13.18; Rem. Supp. 1947 § 45.13.18.]
48.13.180
48.13.190 Policy loans. A life insurer may loan to its
policyholder upon the pledge of the policy as collateral security, any sum not exceeding the legal reserve maintained on
the policy. [1947 c 79 § .13.19; Rem. Supp. 1947 §
45.13.19.]
48.13.190
48.13.200 Savings and share accounts. An insurer
may invest or deposit any of its funds in share or savings
accounts of savings and loan associations, or in savings
accounts of banks, and in any one such institution only to the
extent that such an account is insured by the Federal Savings
and Loan Insurance Corporation or the Federal Deposit
Insurance Corporation. [1947 c 79 § .13.20; Rem. Supp.
1947 § 45.13.20.]
48.13.200
48.13.210 Insurance stocks. (1) An insurer other than
a life insurer may invest a portion of its surplus funds in an
aggregate amount not exceeding fifty percent of its surplus
over its capital stock and other liabilities, or thirty-five percent of its capital funds, whichever is greater, in the stocks of
other insurers organized and existing under the laws of states
of the United States. Indirect or proportionate interests in
48.13.210
[Title 48 RCW—page 62]
insurance stocks held by an insurer through any intermediate
subsidiary or subsidiaries shall be included in applying the
limitations provided in subsections (1), (2), and (3) of this
section.
(2) A life insurer may invest in such insurance stocks in
an aggregate amount not exceeding the smaller of the following amounts: Five percent of its assets; or twenty-five percent of its surplus over its capital stock and other liabilities, or
of surplus over its required minimum surplus if a mutual life
insurer.
(3) An insurer shall not purchase or hold as an investment more than five percent of the voting stock of any one
other insurer, and subject further to the investment limits of
RCW 48.13.030. This limitation shall not apply if such other
insurer is the subsidiary of, and substantially all its shares
having voting powers are owned by, the insurer.
(4) No such insurance stock shall be eligible as an investment unless it meets the qualifications for stocks of other corporations as set forth in RCW 48.13.220.
(5) The limitations on investment in insurance stocks set
forth in this chapter shall not apply to stocks acquired under a
plan for merger of the insurers which has been approved by
the commissioner or to shares received as stock dividends
upon shares already owned. [1979 ex.s. c 199 § 3; 1979 ex.s.
c 130 § 4; 1947 c 79 § .13.21; Rem. Supp. 1947 § 45.13.21.]
48.13.218 Limitation on insurer loans or investments. (1) Notwithstanding RCW 48.13.220 and 48.13.240,
an insurer may not loan or invest its funds in common stock,
preferred stock, debt obligations, and other securities of one
or more subsidiaries in an aggregate amount exceeding the
lesser of the following sums: Ten percent of its assets, or
fifty percent of its surplus as regards policyholders. In calculating the amount of investments under this section, investments in domestic or foreign subsidiary insurers, health care
service contractors, and health maintenance organizations are
excluded.
(2) For the purposes of this section, "subsidiary" has the
same meaning as in RCW 48.31B.005. [2001 c 90 § 1.]
48.13.218
48.13.220 Common stocks—Investment—Acquisition—Engaging in certain businesses. (Effective until July
1, 2009.) (1) After satisfying the requirements of RCW
48.13.260, an insurer may invest any of its funds in common
shares of stock in solvent United States corporations that
qualify as a sound investment; except, that as to life insurers
such investments shall further not aggregate an amount in
excess of fifty percent of the insurer’s surplus over its minimum required surplus.
(2) The insurer shall not invest in or loan upon the security of more than ten percent of the outstanding common
shares of any one such corporation, subject further to the
aggregate investment limitation of RCW 48.13.030.
(3) The limitations of subsection (2) of this section shall
not apply to investment in the securities of any subsidiary
corporations of the insurer which are engaged or organized to
engage exclusively in one or more of the following businesses:
(a) Acting as an insurance agent for its parent or for any
of its parent’s insurer subsidiaries or affiliates;
48.13.220
(2008 Ed.)
Investments
(b) Investing, reinvesting, or trading in securities or acting as a securities broker or dealer for its own account, that of
its parent, any subsidiary of its parent, or any affiliate or subsidiary;
(c) Rendering management, sales, or other related services to any investment company subject to the Federal
Investment Company Act of 1940, as amended;
(d) Rendering investment advice;
(e) Rendering services related to the functions involved
in the operation of an insurance business including, but not
limited to, actuarial, loss prevention, safety engineering, data
processing, accounting, claims appraisal, and collection services;
(f) Acting as administrator of employee welfare benefit
and pension plans for governments, government agencies,
corporations, or other organizations or groups;
(g) Ownership and management of assets which the parent could itself own and manage: PROVIDED, That the
aggregate investment by the insurer and its subsidiaries
acquired pursuant to this paragraph shall not exceed the limitations otherwise applicable to such investments by the parent;
(h) Acting as administrative agent for a government
instrumentality which is performing an insurance function or
is responsible for a health or welfare program;
(i) Financing of insurance premiums;
(j) Any other business activity reasonably ancillary to an
insurance business;
(k) Owning one or more subsidiary (i) insurers to the
extent permitted by this chapter, or (ii) businesses specified
in paragraphs (a) through (k) of this subsection inclusive, or
(iii) other businesses the stock of which is eligible under
RCW 48.13.240 or 48.13.250, or any combination of such
insurers and businesses.
(4) No acquisition of a majority of the total outstanding
common shares of any corporation shall be made pursuant to
this section unless a notice of intention of such proposed
acquisition shall have been filed with the commissioner not
less than ninety days, or such shorter period as may be permitted by the commissioner, in advance of such proposed
acquisition, nor shall any such acquisition be made if the
commissioner at any time prior to the expiration of the notice
period finds that the proposed acquisition is contrary to law,
or determines that such proposed acquisition would be contrary to the best interests of the parent insurer’s policyholders
or of the people of this state. The following shall be the only
factors to be considered in making the foregoing determination:
(a) The availability of the funds or assets required for
such acquisition;
(b) The fairness of any exchange of stock, assets, cash, or
other consideration for the stock or assets to be received;
(c) The impact of the new operation on the parent
insurer’s surplus and existing insurance business and the
risks inherent in the parent insurer’s investment portfolio and
operations;
(d) The fairness and adequacy of the financing proposed
for the subsidiary;
(e) The likelihood of undue concentration of economic
power;
(2008 Ed.)
48.13.220
(f) Whether the effect of the acquisition may be substantially to lessen competition in any line of commerce in insurance or to tend to create a monopoly therein; and
(g) Whether the acquisition might result in an excessive
proliferation of subsidiaries which would tend to unduly
dilute management effectiveness or weaken financial
strength or otherwise be contrary to the best interests of the
parent insurer’s policyholders or of the people of this state.
At any time after an acquisition, the commissioner may order
its disposition if he finds, after notice and hearing, that its
continued retention is hazardous or prejudicial to the interests
of the parent insurer’s policyholders. The contents of each
notice of intention of a proposed acquisition filed hereunder
and information pertaining thereto shall be kept confidential,
shall not be subject to subpoena, and shall not be made public
unless after notice and hearing the commissioner determines
that the interests of policyholders, stockholders, or the public
will be served by the publication thereof.
(5) A domestic insurance company may, provided that it
maintains books and records which separately account for
such business, engage directly in any business referred to in
paragraphs (d), (e), (h), and (j) of subsection (3) of this section either to the extent necessarily or properly incidental to
the insurance business the insurer is authorized to do in this
state or to the extent approved by the commissioner and subject to any limitations he may prescribe for the protection of
the interests of the policyholders of the insurer after taking
into account the effect of such business on the insurer’s existing insurance business and its surplus, the proposed allocation of the estimated cost of such business, and the risks
inherent in such business as well as the relative advantages to
the insurer and its policyholders of conducting such business
directly instead of through a subsidiary. [1982 c 218 § 3;
1973 c 151 § 4; 1949 c 190 § 18; 1947 c 79 § .13.22; Rem.
Supp. 1949 § 45.13.22.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.220 Common stocks—Investment—Acquisition—Engaging in certain businesses. (Effective July 1,
2009.) (1) After satisfying the requirements of RCW
48.13.260, an insurer may invest any of its funds in common
shares of stock in solvent United States corporations that
qualify as a sound investment; except, that as to life insurers
such investments shall further not aggregate an amount in
excess of fifty percent of the insurer’s surplus over its minimum required surplus.
(2) The insurer shall not invest in or loan upon the security of more than ten percent of the outstanding common
shares of any one such corporation, subject further to the
aggregate investment limitation of RCW 48.13.030.
(3) The limitations of subsection (2) of this section shall
not apply to investment in the securities of any subsidiary
corporations of the insurer which are engaged or organized to
engage exclusively in one or more of the following businesses:
(a) Acting as an insurance producer or title insurance
agent for its parent or for any of its parent’s insurer subsidiaries or affiliates;
(b) Investing, reinvesting, or trading in securities or acting as a securities broker or dealer for its own account, that of
48.13.220
[Title 48 RCW—page 63]
48.13.230
Title 48 RCW: Insurance
its parent, any subsidiary of its parent, or any affiliate or subsidiary;
(c) Rendering management, sales, or other related services to any investment company subject to the Federal
Investment Company Act of 1940, as amended;
(d) Rendering investment advice;
(e) Rendering services related to the functions involved
in the operation of an insurance business including, but not
limited to, actuarial, loss prevention, safety engineering, data
processing, accounting, claims appraisal, and collection services;
(f) Acting as administrator of employee welfare benefit
and pension plans for governments, government agencies,
corporations, or other organizations or groups;
(g) Ownership and management of assets which the parent could itself own and manage: PROVIDED, That the
aggregate investment by the insurer and its subsidiaries
acquired pursuant to this paragraph shall not exceed the limitations otherwise applicable to such investments by the parent;
(h) Acting as administrative agent for a government
instrumentality which is performing an insurance function or
is responsible for a health or welfare program;
(i) Financing of insurance premiums;
(j) Any other business activity reasonably ancillary to an
insurance business;
(k) Owning one or more subsidiary (i) insurers to the
extent permitted by this chapter, or (ii) businesses specified
in paragraphs (a) through (k) of this subsection inclusive, or
(iii) other businesses the stock of which is eligible under
RCW 48.13.240 or 48.13.250, or any combination of such
insurers and businesses.
(4) No acquisition of a majority of the total outstanding
common shares of any corporation shall be made pursuant to
this section unless a notice of intention of such proposed
acquisition shall have been filed with the commissioner not
less than ninety days, or such shorter period as may be permitted by the commissioner, in advance of such proposed
acquisition, nor shall any such acquisition be made if the
commissioner at any time prior to the expiration of the notice
period finds that the proposed acquisition is contrary to law,
or determines that such proposed acquisition would be contrary to the best interests of the parent insurer’s policyholders
or of the people of this state. The following shall be the only
factors to be considered in making the foregoing determination:
(a) The availability of the funds or assets required for
such acquisition;
(b) The fairness of any exchange of stock, assets, cash, or
other consideration for the stock or assets to be received;
(c) The impact of the new operation on the parent
insurer’s surplus and existing insurance business and the
risks inherent in the parent insurer’s investment portfolio and
operations;
(d) The fairness and adequacy of the financing proposed
for the subsidiary;
(e) The likelihood of undue concentration of economic
power;
(f) Whether the effect of the acquisition may be substantially to lessen competition in any line of commerce in insurance or to tend to create a monopoly therein; and
[Title 48 RCW—page 64]
(g) Whether the acquisition might result in an excessive
proliferation of subsidiaries which would tend to unduly
dilute management effectiveness or weaken financial
strength or otherwise be contrary to the best interests of the
parent insurer’s policyholders or of the people of this state.
At any time after an acquisition, the commissioner may order
its disposition if he or she finds, after notice and hearing, that
its continued retention is hazardous or prejudicial to the interests of the parent insurer’s policyholders. The contents of
each notice of intention of a proposed acquisition filed hereunder and information pertaining thereto shall be kept confidential, shall not be subject to subpoena, and shall not be
made public unless after notice and hearing the commissioner
determines that the interests of policyholders, stockholders,
or the public will be served by the publication thereof.
(5) A domestic insurance company may, provided that it
maintains books and records which separately account for
such business, engage directly in any business referred to in
paragraphs (d), (e), (h), and (j) of subsection (3) of this section either to the extent necessarily or properly incidental to
the insurance business the insurer is authorized to do in this
state or to the extent approved by the commissioner and subject to any limitations he or she may prescribe for the protection of the interests of the policyholders of the insurer after
taking into account the effect of such business on the
insurer’s existing insurance business and its surplus, the proposed allocation of the estimated cost of such business, and
the risks inherent in such business as well as the relative
advantages to the insurer and its policyholders of conducting
such business directly instead of through a subsidiary. [2008
c 217 § 5; 1982 c 218 § 3; 1973 c 151 § 4; 1949 c 190 § 18;
1947 c 79 § .13.22; Rem. Supp. 1949 § 45.13.22.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.230 Collateral loans. An insurer may loan its
funds upon the pledge of securities or evidences of debt eligible for investment under this chapter. As at date made, no
such loan shall exceed in amount ninety percent of the market
value of such collateral pledged, except that loans upon
pledges of United States government bonds may be equal to
the market value of the bonds pledged. The amount so loaned
shall be included in the maximum percentage of funds permitted to be invested in the kinds of securities or evidences of
debt pledged or permitted by RCW 48.13.030. [1947 c 79 §
.13.23; Rem. Supp. 1947 § 45.13.23.]
48.13.230
48.13.240 Miscellaneous investments. (1) An insurer
may loan or invest its funds in an aggregate amount not
exceeding the lesser of the following sums: Ten percent of its
assets, or fifty percent of its surplus over its capital and other
liabilities, or if a mutual or reciprocal insurer fifty percent of
its surplus over minimum required surplus, in loans or investments not otherwise eligible for investment and not specifically prohibited by RCW 48.13.270.
(2) No such loan or investment shall be any item
described in RCW 48.12.020.
(3) No such investment in or loan upon the security of
any one person or entity shall exceed the amount specified in
subsection (1) of this section or one percent of the insurer’s
48.13.240
(2008 Ed.)
Investments
assets, whichever is the lesser, except that an investment in a
limited liability company formed under chapter 25.15 RCW
to develop real property owned by the insurer as permitted by
RCW 48.13.160 shall not exceed the lesser of the amount
specified in subsection (1) of this section or four percent of
the insurer’s assets. This subsection (3) shall not apply to an
investment in the stock of a subsidiary company.
(4) The insurer shall keep a separate record of all investments acquired under this section. [2004 c 88 § 1; 1982 c 218
§ 4; 1947 c 79 § .13.24; Rem. Supp. 1947 § 45.13.24.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.250 Special consent investments. Upon advance
approval of the commissioner and in compliance with RCW
48.13.020, an insurer may make any investment or kind of
investment or exchange of assets otherwise prohibited or not
eligible under any other section of this chapter. The commissioner’s order of approval if granted shall specify whether the
investment or any part thereof may be credited to required
minimum capital or surplus investments, or to investment of
reserves. [1947 c 79 § .13.25; Rem. Supp. 1947 § 45.13.25.]
48.13.250
48.13.260 Required investments for capital and
reserves. (1) An insurer shall invest and keep invested its
funds aggregating in amount, if a stock insurer, not less than
one hundred percent of its minimum required capital, or if a
mutual or reciprocal insurer, not less than one hundred percent of its required minimum surplus, in cash or investments
eligible in accordance with RCW 48.13.040 (public obligations), and in mortgage loans on real property located within
this state, pursuant to RCW 48.13.110.
(2) In addition to the investments required by subsection
(1) of this section, an insurer shall invest and keep invested its
funds aggregating not less than one hundred percent of its
reserves required by this code in cash or premiums in course
of collection or in investments eligible in accordance with the
following sections: RCW 48.13.040 (public obligations),
48.13.050 (corporate obligations), 48.13.080 (preferred or
guaranteed stocks), 48.13.090 (trustees’ or receivers’ obligations), 48.13.100 (equipment trust certificates), 48.13.110
(mortgages, loans and contracts), 48.13.150 (auxiliary chattel
mortgages), 48.13.160 (real property, home office building,
etc.), 48.13.180 (foreign securities), 48.13.190 (policy loans),
48.13.200 (savings and share accounts), 48.13.220 (common
stocks), 48.13.230 (collateral loans), 48.13.250 (special consent investments).
(3) This section shall not apply to title insurers nor to
mutual insurers on the assessment premium plan. [1971 ex.s.
c 13 § 16; 1947 c 79 § .13.26; Rem. Supp. 1947 § 45.13.26.]
48.13.260
48.13.265 Investments secured by real estate—
Amount restricted. An insurer shall not invest or have
invested at any one time more than sixty-five percent of its
assets in investments in real estate, real estate contracts, and
notes, bonds and other evidences of debt secured by mortgage on real estate, as described in RCW 48.13.110 and
48.13.160. Any insurer which, on June 13, 1957, has in
excess of sixty-five percent of its assets so invested shall not
make any further such investments while such excess exists.
All investments in mortgage-backed securities qualifying
48.13.265
(2008 Ed.)
48.13.273
under the secondary mortgage market enhancement act of
1984 (98 Stat. 1691; 15 U.S.C. Sec. 77r-l et seq.) are included
in determining if an insurer has exceeded the sixty-five percent limit. [2007 c 80 § 7; 1957 c 193 § 8.]
48.13.270 Prohibited investments. An insurer shall
not, except with the commissioner’s approval in advance,
invest in or loan its funds upon the security of, or hold:
(1) Issued shares of its own capital stock, except for the
purpose of mutualization in accordance with RCW
48.08.080;
(2) Securities issued by any corporation if a majority of
its stock having voting power is owned directly or indirectly
by or for the benefit of any one or more of the insurer’s officers and directors;
(3) Any investment or loan ineligible under the provisions of RCW 48.13.030;
(4) Securities issued by any insolvent corporation;
(5) Obligations contrary to the provisions of RCW
48.13.273; or
(6) Any investment or security which is found by the
commissioner to be designed to evade any prohibition of this
code. [1995 c 84 § 1; 1993 c 92 § 4; 1982 c 218 § 5; 1947 c
79 § .13.27; Rem. Supp. 1947 § 45.13.27.]
48.13.270
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.273 Acquisition of medium and lower grade
obligations—Definitions—Limitations—Rules. (1) As
used in this section:
(a) "Lower grade obligations" means obligations that are
rated four, five, or six by the securities valuation office.
(b) "Medium grade obligations" means obligations that
are rated three by the securities valuation office.
(c) "Securities valuation office" means the entity created
by the national association of insurance commissioners in
part, to assign rating categories for bond obligations acquired
by insurers.
(2) No insurer may acquire directly or indirectly, any
medium grade or lower grade obligation if, after giving effect
to the acquisition, the aggregate amount of all medium grade
and lower grade obligations then held by the insurer would
exceed twenty percent of its admitted assets provided that:
(a) No more than ten percent of an insurer’s admitted
assets may be invested in lower grade obligations;
(b) No more than three percent of an insurer’s admitted
assets may be invested in lower grade obligations rated five
or six by the securities valuation office;
(c) No more than one percent of an insurer’s admitted
assets may be invested in lower grade obligations rated six by
the securities valuation office;
(d) No more than one percent of an insurer’s admitted
assets may be invested in medium and lower grade obligations issued, guaranteed, or insured by any one institution;
and
(e) No more than one-half of one percent of an insurer’s
admitted assets may be invested in lower grade obligations
issued, guaranteed, or insured by any one institution.
(3) This section does not require an insurer to sell or otherwise dispose of any obligation lawfully acquired before
July 25, 1993, or in accordance with this chapter. The com48.13.273
[Title 48 RCW—page 65]
48.13.275
Title 48 RCW: Insurance
missioner shall adopt rules identifying the circumstances
under which the commissioner may approve an investment in
obligations exceeding the limitations of this section as necessary to mitigate financial loss by an insurer.
(4) The board of directors of any domestic insurance
company which acquires or invests, directly or indirectly,
more than two percent of its admitted assets in medium grade
and lower grade obligations of any institution, shall adopt a
written plan for making those investments. The plan, in addition to guidelines with respect to the quality of the issues
invested in, shall contain diversification standards including,
but not limited to, standards for issuer, industry, duration,
liquidity, and geographic location. [1993 c 92 § 5.]
48.13.275 Obligations rated by the securities valuation office. An insurer may invest its funds in obligations
rated by the securities valuation office. Investments in obligations that are rated one or two by the securities valuation
office shall be subject to the limitations contained in RCW
48.13.030. [2007 c 80 § 8; 1993 c 92 § 6.]
48.13.275
48.13.280 Securities underwriting, agreements to
withhold or repurchase, prohibited. No insurer shall
(1) participate in the underwriting of the marketing of
securities in advance of their issuance or enter into any transaction for such underwriting for the account of such insurer
jointly with any other person; or
(2) enter into any agreement to withhold from sale any of
its property, or to repurchase any property sold by it. [1947 c
79 § .13.28; Rem. Supp. 1947 § 45.13.28.]
48.13.280
48.13.285 Derivative transactions—Restrictions—
Definitions—Rules. (1) An insurer may, directly or indirectly through an investment subsidiary, engage in derivative
transactions under this section under the following conditions:
(a) An insurer may use derivative instruments under this
section to engage in hedging transactions and certain income
generation transactions, as these terms may be further defined
by rule by the insurance commissioner;
(b) Derivative instruments shall not be used for speculative purposes, but only as stated in (a) of this subsection;
(c) An insurer shall be able to demonstrate to the insurance commissioner the intended hedging characteristics and
the ongoing effectiveness of the derivative transaction or
combination of transactions through cash flow testing or
other appropriate analysis;
(d) An insurer may enter into hedging transactions under
this section if, as a result of and after giving effect to the
transaction:
(i) The aggregate statement value of options, caps,
floors, and warrants not attached to another financial instrument purchased and used in hedging transactions does not
exceed seven and one-half percent of its admitted assets;
(ii) The aggregate statement value of options, caps, and
floors written in hedging transactions does not exceed three
percent of its admitted assets; and
(iii) The aggregate potential exposure of collars, swaps,
forwards, and futures used in hedging transactions does not
exceed six and one-half percent of its admitted assets;
48.13.285
[Title 48 RCW—page 66]
(e) An insurer may only enter into the following types of
income generation transactions if, as a result of and after giving effect to the transactions, the aggregate statement value of
the fixed income assets that are subject to call or that generate
the cash flows for payments under the caps or floors, plus the
face value of fixed income securities underlying a derivative
instrument subject to call, plus the amount of the purchase
obligations under the puts, does not exceed ten percent of its
admitted assets:
(i) Sales of covered call options on noncallable fixed
income securities, callable fixed income securities if the
option expires by its terms prior to the end of the noncallable
period, or derivative instruments based on fixed income securities;
(ii) Sales of covered call options on equity securities, if
the insurer holds in its portfolio, or can immediately acquire
through the exercise of options, warrants, or conversion
rights already owned, the equity securities subject to call during the complete term of the call option sold;
(iii) Sales of covered puts on investments that the insurer
is permitted to acquire under this chapter, if the insurer has
escrowed, or entered into a custodian agreement segregating,
cash or cash equivalents with a market value equal to the
amount of its purchase obligations under the put during the
complete term of the put option sold; or
(iv) Sales of covered caps or floors, if the insurer holds in
its portfolio the investments generating the cash flow to make
the required payments under the caps or floors during the
complete term that the cap or floor is outstanding;
(f) An insurer shall include all counterparty exposure
amounts in determining compliance with general diversification requirements and medium and low grade investment limitations under this chapter; and
(g) Pursuant to rules adopted by the insurance commissioner under subsection (3) of this section, the commissioner
may approve additional transactions involving the use of
derivative instruments in excess of the limitations in (d) of
this subsection or for other risk management purposes under
rules adopted by the commissioner, but replication transactions shall not be permitted for other than risk management
purposes.
(2) For purposes of this section:
(a) "Cap" means an agreement obligating the seller to
make payments to the buyer, with each payment based on the
amount by which a reference price or level or the performance or value of one or more underlying interests exceeds a
predetermined number, sometimes called the strike rate or
strike price;
(b) "Collar" means an agreement to receive payments as
the buyer of an option, cap, or floor and to make payments as
the seller of a different option, cap, or floor;
(c) "Counterparty exposure amount" means the net
amount of credit risk attributable to a derivative instrument
entered into with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared
through a qualified clearinghouse. The amount of the credit
risk equals the market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument
would result in a final cash payment to the insurer, or zero if
the liquidation of the derivative instrument would not result
in a final cash payment to the insurer.
(2008 Ed.)
Investments
If over-the-counter derivative instruments are entered
into under a written master agreement which provides for
netting of payments owed by the respective parties, and the
domiciliary jurisdiction of the counterparty is either within
the United States or, if not within the United States, within a
foreign jurisdiction listed in the purposes and procedures of
the securities valuation office as eligible for netting, the net
amount of credit risk shall be the greater of zero or the sum
of:
(i) The market value of the over-the-counter derivative
instruments entered into under the agreement, the liquidation
of which would result in a final cash payment to the insurer;
and
(ii) The market value of the over-the-counter derivative
instruments entered into under the agreement, the liquidation
of which would result in a final cash payment by the insurer
to the business entity.
For open transactions, market value shall be determined
at the end of the most recent quarter of the insurer’s fiscal
year and shall be reduced by the market value of acceptable
collateral held by the insurer or placed in escrow by one or
both parties;
(d) "Covered" means that an insurer owns or can immediately acquire, through the exercise of options, warrants or
conversion rights already owned, the underlying interest in
order to fulfill or secure its obligations under a call option,
cap or floor it has written, or has set aside under a custodial or
escrow agreement cash or cash equivalents with a market
value equal to the amount required to fulfill its obligations
under a put option it has written, in an income generation
transaction;
(e) "Derivative instrument" means an agreement, option,
instrument, or a series or combination thereof:
(i) To make or take delivery of, or assume or relinquish,
a specified amount of one or more underlying interests, or to
make a cash settlement in lieu thereof; or
(ii) That has a price, performance, value, or cash flow
based primarily upon the actual or expected price, level, performance, value, or cash flow of one or more underlying
interests.
Derivative instruments include options, warrants used in
a hedging transaction and not attached to another financial
instrument, caps, floors, collars, swaps, forwards, futures,
and any other agreements, options, or instruments substantially similar thereto or any series or combination thereof and
any agreements, options, or instruments permitted under
rules adopted by the commissioner under subsection (3) of
this section;
(f) "Derivative transaction" means a transaction involving the use of one or more derivative instruments;
(g) "Floor" means an agreement obligating the seller to
make payments to the buyer in which each payment is based
on the amount by which a predetermined number, sometimes
called the floor rate or price, exceeds a reference price, level,
performance, or value of one or more underlying interests;
(h) "Future" means an agreement, traded on a qualified
exchange or qualified foreign exchange, to make or take
delivery of, or effect a cash settlement based on the actual or
expected price, level, performance, or value of, one or more
underlying interests;
(2008 Ed.)
48.13.340
(i) "Hedging transaction" means a derivative transaction
which is entered into and maintained to reduce:
(i) The risk of a change in the value, yield, price, cash
flow, or quantity of assets or liabilities which the insurer has
acquired or incurred or anticipates acquiring or incurring; or
(ii) The currency exchange rate risk or the degree of
exposure as to assets or liabilities which an insurer has
acquired or incurred or anticipates acquiring or incurring;
(j) "Option" means an agreement giving the buyer the
right to buy or receive (a "call option"), sell or deliver (a "put
option"), enter into, extend, or terminate or effect a cash settlement based on the actual or expected price, level, performance, or value of one or more underlying interests;
(k) "Swap" means an agreement to exchange or to net
payments at one or more times based on the actual or
expected price, level, performance, or value of one or more
underlying interests;
(l) "Underlying interest" means the assets, liabilities,
other interests, or a combination thereof underlying a derivative instrument, such as any one or more securities, currencies, rates, indices, commodities, or derivative instruments;
and
(m) "Warrant" means an instrument that gives the holder
the right to purchase an underlying financial instrument at a
given price and time or at a series of prices and times outlined
in the warrant agreement. Warrants may be issued alone or in
connection with the sale of other securities, for example, as
part of a merger or recapitalization agreement, or to facilitate
divestiture of the securities of another business entity.
(3) The insurance commissioner may adopt rules implementing the provisions of this section. [1997 c 317 § 1.]
48.13.290 Disposal of ineligible property or securities. (1) Any ineligible personal property or securities
acquired by an insurer may be required to be disposed of
within the time not less than six months specified by order of
the commissioner, unless before that time it attains the standard of eligibility, if retention of such property or securities
would be contrary to the policyholders or public interest in
that it tends to substantially lessen competition in the insurance business or threatens impairment of the financial condition of the insurer.
(2) Any personal property or securities acquired by an
insurer contrary to RCW 48.13.270 shall be disposed of
forthwith or within any period specified by order of the commissioner.
(3) Any property or securities ineligible only because of
being excess of the amount permitted under this chapter to be
invested in the category to which it belongs shall be ineligible
only to the extent of such excess. [1982 c 218 § 6; 1973 c 151
§ 5; 1947 c 79 § .13.29; Rem. Supp. 1947 § 45.13.29.]
48.13.290
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.340 Authorization of investments. No investment, loan, sale or exchange thereof shall, except as to the
policy loans of a life insurer, be made by any domestic
insurer unless authorized or approved by its board of directors or by a committee charged by the board of directors or
the bylaws with the duty of making such investment, loan,
sale or exchange. The minutes of any such committee shall be
48.13.340
[Title 48 RCW—page 67]
48.13.350
Title 48 RCW: Insurance
recorded and reports thereof shall be submitted to the board
of directors for approval or disapproval. [1949 c 190 § 19;
1947 c 79 § .13.34; Rem. Supp. 1949 § 45.13.34.]
48.13.350 Record of investments. (1) As to each
investment or loan of the funds of a domestic insurer a written record in permanent form showing the authorization
thereof shall be made and signed by an officer of the insurer
or by the chairman of such committee authorizing the investment or loan.
(2) As to each such investment or loan the insurer’s
records shall contain:
(a) In the case of loans: The name of the borrower; the
location and legal description of the property; a physical
description, and the appraised value of the security; the
amount of the loan, rate of interest and terms of repayment.
(b) In the case of securities: The name of the obligor; a
description of the security and the record of earnings; the
amount invested, the rate of interest or dividend, the maturity
and yield based upon the purchase price.
(c) In the case of real estate: The location and legal
description of the property; a physical description and the
appraised value; the purchase price and terms.
(d) In the case of all investments:
(i) The amount of expenses and commissions if any
incurred on account of any investment or loan and by whom
and to whom payable if not covered by contracts with mortgage loan representatives or correspondents which are part of
the insurer’s records.
(ii) The name of any officer or director of the insurer
having any direct, indirect, or contingent interest in the securities or loan representing the investment, or in the assets of
the person in whose behalf the investment or loan is made,
and the nature of such interest. [1949 c 190 § 20; 1947 c 79
§ .13.35; Rem. Supp. 1949 § 45.13.35.]
48.13.350
48.13.360 Investments of foreign and alien insurers.
The investments of a foreign or alien insurer shall be as permitted by the laws of its domicile but shall be of a quality
substantially as high as those required under this chapter for
similar funds of like domestic insurers. [1947 c 79 § .13.36;
Rem. Supp. 1947 § 45.13.36.]
48.13.360
48.13.450 Safeguarding securities—Definitions. The
definitions in this section apply throughout RCW 48.13.450
through 48.13.475 unless the context clearly requires otherwise.
(1) "Agent" means a national bank, state bank, trust company, or broker/dealer that maintains an account in its name
in a clearing corporation or that is a member of the federal
reserve system and through which a custodian participates in
a clearing corporation, including the treasury/reserve automated debt entry securities system (TRADES) or treasury
direct systems; except that with respect to securities issued by
institutions organized or existing under the laws of a foreign
country or securities used to meet the deposit requirements
pursuant to laws of a foreign country as a condition of doing
business therein, "agent" may include a corporation that is
organized or existing under the laws of a foreign country and
48.13.450
[Title 48 RCW—page 68]
that is legally qualified under those laws to accept custody of
securities.
(2) "Broker/dealer" means a broker or dealer as defined
in RCW 62A.8-102(1)(c), that is registered with and subject
to the jurisdiction of the securities and exchange commission,
maintains membership in the securities investor protection
corporation, and has a tangible net worth equal to or greater
than two hundred fifty million dollars.
(3) "Clearing corporation" means a corporation as
defined in RCW 62A.8-102(1)(e) that is organized for the
purpose of effecting transactions in securities by computerized book-entry, except that with respect to securities issued
by institutions organized or existing under the laws of any
foreign country or securities used to meet the deposit requirements pursuant to the laws of a foreign country as a condition
of doing business therein, "clearing corporation" may include
a corporation that is organized or existing under the laws of
any foreign country and is legally qualified under such laws
to effect transactions in securities by computerized bookentry. "Clearing corporation" also includes treasury/reserve
automated debt entry securities system and treasury direct
book-entry securities systems established pursuant to 31
U.S.C. Sec. 3100 et seq., 12 U.S.C. pt. 391, and 5 U.S.C. pt.
301.
(4) "Commissioner" means the insurance commissioner
of the state of Washington.
(5) "Custodian" means:
(a) A national bank, state bank, or trust company that
shall, at all times acting as a custodian, be no less than adequately capitalized as determined by the standards adopted
by United States banking regulators and that is regulated by
either state banking laws or is a member of the federal reserve
system and that is legally qualified to accept custody of securities; except that with respect to securities issued by institutions organized or existing under the laws of a foreign country, or securities used to meet the deposit requirements pursuant to laws of a foreign country as a condition of doing
business therein, "custodian" may include a bank or trust
company incorporated or organized under the laws of a country other than the United States that is regulated as such by
that country’s government or an agency thereof that shall at
all times acting as a custodian be no less than adequately capitalized as determined by the standards adopted by the international banking authorities and legally qualified to accept
custody of securities; or
(b) A broker/dealer.
(6) "Custodied securities" means securities held by the
custodian or its agent or in a clearing corporation, including
the treasury/reserve automated debt equity securities system
(TRADES) or treasury direct systems.
(7) "Securities" means instruments as defined in RCW
62A.8-102(1)(o).
(8) "Securities certificate" has the same meaning as in
RCW 62A.8-102(1)(d).
(9) "Tangible net worth" means shareholders equity, less
intangible assets, as reported in the broker/dealer’s most
recent annual or transition report pursuant to section 13 or
15(d) of the securities exchange act of 1934 (S.E.C. Form 10K) filed with the securities and exchange commission.
(10) "Treasury/reserve automated debt entry securities
system" ("TRADES") and "treasury direct" mean book-entry
(2008 Ed.)
Investments
securities systems established pursuant to 31 U.S.C. Sec.
3100 et seq., 12 U.S.C. pt. 391, and 5 U.S.C. pt. 301, with the
operation of TRADES and treasury direct subject to 31
C.F.R. pt. 357 et seq. [2008 c 234 § 1; 2000 c 221 § 1.]
48.13.455 Safeguarding securities—Deposit in a
clearing corporation—Certificates—Records. Notwithstanding any other provision of law, a domestic insurance
company may deposit or arrange for the deposit of securities
held in or purchased for its general account and its separate
accounts in a clearing corporation. When securities are
deposited with a clearing corporation, securities certificates
representing securities of the same class of the same issuer
may be merged and held in bulk in the name of the nominee
of such clearing corporation with any other securities deposited with such clearing corporation by any person, regardless
of the ownership of such securities, and securities certificates
representing securities of small denominations may be
merged into one or more certificates of larger denominations.
The records of any custodian through which an insurance
company holds securities shall at all times show that such
securities are held for such insurance company and for which
accounts thereof. Ownership of, and other interests in, such
securities may be transferred by bookkeeping entry on the
books of such clearing corporation without physical delivery
of securities certificates representing such securities. [2008 c
234 § 2; 2000 c 221 § 2.]
48.13.455
48.13.460 Safeguarding securities—Authorized
methods of holding securities. The following are the only
authorized methods of holding securities:
(1) A domestic insurance company may hold securities
in definitive certificates;
(2) A domestic insurance company may, pursuant to an
agreement, designate a custodian through which it can transact and maintain book-entry securities on behalf of the insurance company; or
(3) A domestic insurance company may, pursuant to an
agreement, participate in depository systems of clearing corporations directly or through a custodian . [2008 c 234 § 3;
2000 c 221 § 3.]
48.13.460
48.13.465 Safeguarding securities—Requirement to
receive a confirmation. A domestic insurance company
using the methods of holding securities under RCW
48.13.460 (2) or (3) is required to receive a confirmation
from:
(1) The custodian whenever securities are received or
surrendered pursuant to the domestic insurance company’s
instructions to a securities broker; or
(2) The securities broker provided that the domestic
insurance company has given the custodian and the securities
broker matching instructions authorizing the transaction,
which have been confirmed by the custodian prior to surrendering funds or securities to conduct the transaction. [2008 c
234 § 4; 2000 c 221 § 4.]
48.13.465
48.13.470 Safeguarding securities—Broker executing a trade—Time limits. (1) A broker executing a securities trade pursuant to an order from a domestic insurance
48.13.470
(2008 Ed.)
48.13.480
company shall send confirmation to the domestic insurance
company or the clearing corporation confirming the order has
been executed within twenty-four hours after order completion.
(2) A broker may not hold in its own account for longer
than seventy-two hours any securities bought or sold pursuant to an order from a domestic insurance company. [2000 c
221 § 5.]
48.13.475
48.13.475 Safeguarding securities—Maintenance
with a custodian—Commissioner may order transfer—
Challenge to order—Standing at hearing or for judicial
review. (1) Notwithstanding the maintenance of securities
with a custodian pursuant to agreement, if the commissioner:
(a) Has reasonable cause to believe that the domestic
insurer:
(i) Is conducting its business and affairs in such a manner
as to threaten to render it insolvent;
(ii) Is in a hazardous condition or is conducting its business and affairs in a manner that is hazardous to its policyholders, creditors, or the public; or
(iii) Has committed or is committing or has engaged or is
engaging in any act that would constitute grounds for rendering it subject to rehabilitation or liquidation proceedings; or
(b) Determines that irreparable loss and injury to the
property and business of the domestic insurer has occurred or
may occur unless the commissioner acts immediately;
then the commissioner may, without hearing, order the
insurer and the custodian promptly to effect the transfer of the
securities to another custodian approved by the commissioner. Upon receipt of the order, the custodian shall
promptly effect the transfer of the securities. Notwithstanding the pendency of any hearing or request for hearing, the
order shall be complied with by those persons subject to that
order. Any challenge to the validity of the order shall be
made under chapter 48.04 RCW, however, the stay of action
provisions of RCW 48.04.020 do not apply. It is the responsibility of both the insurer and the custodian to oversee that
compliance with the order is completed as expeditiously as
possible. Upon receipt of an order, there shall be no trading
of the securities without specific instructions from the commissioner until the securities are received by the new custodian, except to the extent trading transactions are in process
on the day the order is received by the insurer and the failure
to complete the trade may result in loss to the insurer’s
account. Issuance of an order does not affect the custodian’s
liabilities with regard to the securities that are the subject of
the order.
(2) No person other than the insurer has standing at the
hearing by the commissioner or for any judicial review of the
order. [2008 c 234 § 5; 2000 c 221 § 6.]
48.13.480
48.13.480 Safeguarding securities—Insurance company’s securities—Written agreement with custodian—
Required terms. (1) An insurance company may, by written
agreement with a custodian, provide for the custody of its
securities with that custodian. The securities that are the subject of the agreement may be held by the custodian or its
agent or in a clearing corporation.
[Title 48 RCW—page 69]
48.13.490
Title 48 RCW: Insurance
(2) The agreement shall be in writing and shall be authorized by a resolution of the board of directors of the insurance
company or of an authorized committee of the board. The
terms of the agreement shall comply with the following:
(a) Securities certificates held by the custodian shall be
held separate from the securities certificates of the custodian
and all of its customers;
(b) Securities held indirectly by the custodian and securities in a clearing corporation shall be separately identified
on the custodian’s official records as being owned by the
insurance company. The records shall identify which securities are held by the custodian or by its agent and which securities are in a clearing corporation. If the securities are in a
clearing corporation, the records shall also identify where the
securities are and the name of the clearing corporation; and if
the securities are held by an agent, the records shall also identify the name of the agent;
(c) All custodied securities that are registered shall be
registered in the name of the company or in the name of the
nominee of the company or in the name of the custodian or its
nominee, or, if in a clearing corporation, in the name of the
clearing corporation or its nominee;
(d) Custodied securities shall be held subject to the
instructions of the insurance company and shall be withdrawable upon the demand of the insurance company, except custodied securities used to meet the deposit requirements;
(e) The custodian shall be required to send or cause to be
sent to the insurance company a confirmation of all transfers
of custodied securities to or from the account of the insurance
company. Confirmation of all transfers shall be provided to
the insurance company in hard copy or electronic format. In
addition, the custodian shall be required to furnish, no less
than monthly, the insurance company with reports of various
holdings of custodied securities at times and containing information reasonably requested by the insurance company. The
custodian’s trust committee’s annual reports of its review of
the insurer trust accounts shall also be provided to the insurer.
Reports and verifications may be transmitted in electronic or
paper format;
(f) During the course of the custodian’s regular business
hours, an officer or employee of the insurance company, an
independent accountant selected by the insurance company,
and a representative of an appropriate regulatory body shall
be entitled to examine, on the premise of the custodian, the
custodian’s records relating to the custodied securities, but
only upon furnishing the custodian with written instructions
to that effect from an appropriate officer of the insurance
company;
(g) The custodian and its agents shall be required to send
to the insurance company:
(i) All reports that they receive from a clearing corporation on their respective systems of internal accounting control; and
(ii) Reports prepared by outside auditors on the custodians or its agents internal accounting control of custodied
securities that the insurance company may reasonably
request;
(h) The custodian shall maintain records sufficient to
determine and verify information relating to custodied securities that may be reported in the insurance company’s annual
statement and supporting schedules and information required
[Title 48 RCW—page 70]
in an audit of the financial statements of the insurance company;
(i) The custodian shall provide, upon written request
from an appropriate officer of the insurance company, the
appropriate affidavits;
(j) A national bank, state bank, or trust company shall
secure and maintain insurance protection in an adequate
amount covering the bank’s or trust company’s duties and
activities as custodian for the insurer’s assets, and shall state
in the custody agreement that the protection is in compliance
with the requirements of the custodian’s banking regulator.
A broker/dealer shall secure and maintain insurance protection for each insurance company’s custodied securities in
excess of that provided by the securities investor protection
corporation in an amount equal to or greater than the market
value of each respective insurance company’s custodied
securities. The commissioner may determine whether the
type of insurance is appropriate and whether the amount of
coverage is adequate;
(k) The custodian shall be obligated to indemnify the
insurance company for any loss of custodied securities occasioned by the negligence or dishonesty of the custodian’s
officers or employees or agents, or burglary, robbery, holdup,
theft, or mysterious disappearance, including loss by damage
or destruction;
(l) In the event that there is a loss of custodied securities
for which the custodian shall be obligated to indemnify the
insurance company as provided in (k) of this subsection, the
custodian shall promptly replace the securities of the value
thereof and the value of any loss of rights or privileges resulting from the loss of securities;
(m) The custodian will not be liable for a failure to take
an action required under the agreement in the event and to the
extent that the taking of the action is prevented or delayed by
war (whether declared or not, including existing wars), revolution, insurrection, riot, civil commotion, accident, fire,
explosion, labor stoppage and strikes, laws, regulations,
orders, or other acts of any governmental authority, which are
beyond its reasonable control;
(n) In the event that the custodian gains entry in a clearing corporation through an agent, there shall be an agreement
between the custodian and the agent under which the agent
shall be subject to the same liability for loss of custodied
securities as the custodian. However, if the agent is subject to
regulation under the laws of a jurisdiction that are different
from the laws of the jurisdiction that regulates the custodian,
the commissioner may accept a standard of liability applicable to the agent that is different from the standard of liability
applicable to the custodian;
(o) The custodian shall provide written notification to the
office of the insurance commissioner if the custodial agreement with the insurer has been terminated or if one hundred
percent of the account assets in any one custody account have
been withdrawn. This notification shall be remitted to the
commissioner within three business days of the withdrawal
of one hundred percent of the account assets. [2008 c 234 §
7.]
48.13.490 Safeguarding securities—Rules. The commissioner may adopt rules governing the deposit by insurance companies of securities with clearing corporations,
48.13.490
(2008 Ed.)
Fees and Taxes
(i)
Reinsurance intermediary-broker,
each year . . . . . . . . . . . . . . . . . . . .
$ 50.00
(ii)
Reinsurance intermediary-manager, each year . . . . . . . . . . . . . . .
$100.00
Brokers’ licenses:
(i)
Broker’s license, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$100.00
(ii)
Surplus line broker, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$200.00
Solicitors’ license, every two years. . . . .
$ 20.00
Adjusters’ licenses:
(i)
Independent adjuster, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$ 50.00
(ii)
Public adjuster, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$ 50.00
Resident general agent’s license, every
two years. . . . . . . . . . . . . . . . . . . . . . . . . .
$ 50.00
Managing general agent appointment,
every two years . . . . . . . . . . . . . . . . . . . .
$200.00
Examination for license, each examination:
All examinations, except examinations
administered by an independent testing service, the fees for which are to
be approved by the commissioner and
collected directly by and retained by
such independent testing service . . . .
$ 20.00
Miscellaneous services:
(i)
Filing other documents . . . . . . . . .
$ 5.00
(ii)
Commissioner’s certificate under
seal . . . . . . . . . . . . . . . . . . . . . . . .
$ 5.00
(iii)
Copy of documents filed in the
commissioner’s office, reasonable
charge therefor as determined by
the commissioner.
including establishing standards for national banks, state
banks, trust companies, and brokers/dealers to qualify as custodians for insurance company securities. [2008 c 234 § 6;
2000 c 221 § 7.]
(g)
Chapter 48.14
Chapter 48.14 RCW
FEES AND TAXES
Sections
48.14.010
48.14.020
48.14.0201
48.14.021
48.14.022
48.14.025
48.14.027
48.14.030
48.14.040
48.14.060
48.14.070
48.14.080
48.14.090
48.14.095
48.14.100
Fee schedule.
Premium taxes.
Premiums and prepayments tax—Health care services—
Exemptions—State preemption.
Reduction of tax—Policies connected with pension, etc.,
plans exempt or qualified under internal revenue code.
Taxes—Exemptions and deductions.
Prepayment of tax obligations under RCW 48.14.020.
Exemption for state health care premiums before July 1,
1990.
Tax statement.
Retaliatory provision.
Failure to pay tax—Penalty.
Refunds.
Premium tax in lieu of other forms—Exceptions—Definition.
Determining amount of direct premium taxable in this state.
Unlawful or delinquent insurers or taxpayers—Computing
the tax payable—Risks, exposures, or enrolled participants only partially in state.
Foreign or alien insurers, continuing liability for taxes.
(h)
(i)
(j)
(k)
(l)
(m)
48.14.010 Fee schedule. (Effective until July 1, 2009.)
(1) The commissioner shall collect in advance the following
fees:
48.14.010
(a)
(b)
(c)
(d)
(e)
(f)
For filing charter documents:
(i)
O r i g i n a l c h a r t er d o c u m e n t s ,
bylaws or record of organization of
i n s u r e r s , o r c er t i f i e d c o p i es
thereof, required to be filed. . . . . .
$250.00
(ii)
Amended charter documents, or
certified copy thereof, other than
amendments of bylaws . . . . . . . . .
$ 10.00
(iii)
No additional charge or fee shall be
required for filing any of such documents in the office of the secretary of state.
Certificate of authority:
(i)
Issuance. . . . . . . . . . . . . . . . . . . . .
$ 25.00
(ii)
Renewal . . . . . . . . . . . . . . . . . . . .
$ 25.00
Annual statement of insurer, filing . . . .
$ 20.00
Organization or financing of domestic insurers and
affiliated corporations:
(i)
Application for solicitation permit,
filing . . . . . . . . . . . . . . . . . . . . . . .
$100.00
(ii)
Issuance of solicitation permit . . .
$ 25.00
Agents’ licenses:
(i)
Agent’s qualification licenses
every two years . . . . . . . . . . . . . . .
$ 50.00
(ii)
Filing of appointment of each such
agent, every two years . . . . . . . . .
$ 20.00
(iii)
Limited license issued pursuant
to RCW 48.17.190, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$ 20.00
Reinsurance intermediary licenses:
(2008 Ed.)
48.14.010
(2) All fees so collected shall be remitted by the commissioner to the state treasurer not later than the first business
day following, and shall be placed to the credit of the general
fund.
(a) Fees for examinations administered by an independent testing service that are approved by the commissioner
under subsection (1)(l) of this section shall be collected
directly by the independent testing service and retained by it.
(b) Fees for copies of documents filed in the commissioner’s office shall be remitted by the commissioner to the
state treasurer not later than the first business day following,
and shall be placed to the credit of the insurance commissioner’s regulatory account. [2005 c 223 § 5; 1994 c 131 § 2;
1993 c 462 § 57; 1988 c 248 § 7; 1981 c 111 § 1; 1979 ex.s. c
269 § 1; 1977 ex.s. c 182 § 1; 1969 ex.s. c 241 § 8; 1967 c 150
§ 12; 1955 c 303 § 4; 1947 c 79 § .14.01; Rem. Supp. 1947 §
45.14.01.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date, implementation—1979 ex.s. c 269: "This act shall take
effect on April 1, 1980. The insurance commissioner is authorized to immediately take such steps as are necessary to insure that this 1979 act is implemented on its effective date." [1979 ex.s. c 269 § 10.]
48.14.010 Fee schedule. (Effective July 1, 2009.) (1)
The commissioner shall collect in advance the following
fees:
48.14.010
[Title 48 RCW—page 71]
48.14.020
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Title 48 RCW: Insurance
For filing charter documents:
(i)
Or i gi n a l c h a r ter d o c u m e n t s,
bylaws or record of organization of
i n s u r er s , o r c e r t i f i ed c o p ie s
thereof, required to be filed . . . . .
$250.00
(ii)
Amended charter documents, or
certified copy thereof, other than
amendments of bylaws. . . . . . . . .
$ 10.00
(iii)
No additional charge or fee shall
be required for filing any of such
documents in the office of the secretary of state.
Certificate of authority:
(i)
Issuance . . . . . . . . . . . . . . . . . . . .
$ 25.00
(ii)
Renewal . . . . . . . . . . . . . . . . . . . .
$ 25.00
Annual statement of insurer, filing. . . .
$ 20.00
Organization or financing of domestic insurers
and affiliated corporations:
(i)
Application for solicitation permit,
filing . . . . . . . . . . . . . . . . . . . . . . .
$100.00
(ii)
Issuance of solicitation permit . . .
$ 25.00
Insurance producer licenses:
(i)
License application . . . . . . . . . . .
$ 55.00
(ii)
License renewal, every two years
...........................
$ 55.00
(iii)
Initial appointment and renewal of
appointment of each insurance
producer, every two years . . . . . .
$ 20.00
(iv)
Limited insurance producer
license application and renewal,
every two years . . . . . . . . . . . . . .
$ 20.00
Reinsurance intermediary licenses:
(i)
Reinsurance intermediary-broker,
each year . . . . . . . . . . . . . . . . . . .
$ 50.00
(ii)
Reinsurance intermediarymanager, each year. . . . . . . . . . . .
$100.00
Surplus line broker license application
and renewal, every two years . . . . . . . .
$200.00
Adjusters’ licenses:
(i)
Independent adjuster, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$ 50.00
(ii)
Public adjuster, every two
years . . . . . . . . . . . . . . . . . . . . . . .
$ 50.00
Managing general agent appointment,
every two years . . . . . . . . . . . . . . . . . . . .
$200.00
Examination for license, each examination:
All examinations, except examinations
administered by an independent testing service, the fees for which are to
be approved by the commissioner
and collected directly by and retained
by such independent testing service
.................................
$ 20.00
Miscellaneous services:
(i)
Filing other documents . . . . . . . .
$ 5.00
(ii)
Commissioner’s certificate under
seal . . . . . . . . . . . . . . . . . . . . . . . .
$ 5.00
(iii)
Copy of documents filed in the
commissioner’s office, reasonable
charge therefor as determined by
the commissioner.
[Title 48 RCW—page 72]
(2) All fees so collected shall be remitted by the commissioner to the state treasurer not later than the first business
day following, and shall be placed to the credit of the general
fund.
(a) Fees for examinations administered by an independent testing service that are approved by the commissioner
under subsection (1)(j) of this section shall be collected
directly by the independent testing service and retained by it.
(b) Fees for copies of documents filed in the commissioner’s office shall be remitted by the commissioner to the
state treasurer not later than the first business day following,
and shall be placed to the credit of the insurance commissioner’s regulatory account. [2007 c 117 § 37; 2005 c 223 §
5; 1994 c 131 § 2; 1993 c 462 § 57; 1988 c 248 § 7; 1981 c
111 § 1; 1979 ex.s. c 269 § 1; 1977 ex.s. c 182 § 1; 1969 ex.s.
c 241 § 8; 1967 c 150 § 12; 1955 c 303 § 4; 1947 c 79 §
.14.01; Rem. Supp. 1947 § 45.14.01.]
Severability—Effective date—2007 c 117: See RCW 48.17.900 and
48.17.901.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date, implementation—1979 ex.s. c 269: "This act shall take
effect on April 1, 1980. The insurance commissioner is authorized to immediately take such steps as are necessary to insure that this 1979 act is implemented on its effective date." [1979 ex.s. c 269 § 10.]
48.14.020 Premium taxes. (Effective until July 1,
2009.) (1) Subject to other provisions of this chapter, each
authorized insurer except title insurers shall on or before the
first day of March of each year pay to the state treasurer
through the commissioner’s office a tax on premiums. Except
as provided in subsection (2) of this section, such tax shall be
in the amount of two percent of all premiums, excluding
amounts returned to or the amount of reductions in premiums
allowed to holders of industrial life policies for payment of
premiums directly to an office of the insurer, collected or
received by the insurer during the preceding calendar year
other than ocean marine and foreign trade insurances, after
deducting premiums paid to policyholders as returned premiums, upon risks or property resident, situated, or to be performed in this state. For the purposes of this section the consideration received by an insurer for the granting of an annuity shall not be deemed to be a premium.
(2) In the case of insurers which require the payment by
their policyholders at the inception of their policies of the
entire premium thereon in the form of premiums or premium
deposits which are the same in amount, based on the character of the risks, regardless of the length of term for which
such policies are written, such tax shall be in the amount of
two percent of the gross amount of such premiums and premium deposits upon policies on risks resident, located, or to
be performed in this state, in force as of the thirty-first day of
December next preceding, less the unused or unabsorbed portion of such premiums and premium deposits computed at the
average rate thereof actually paid or credited to policyholders
or applied in part payment of any renewal premiums or premium deposits on one-year policies expiring during such
year.
(3) Each authorized insurer shall with respect to all
ocean marine and foreign trade insurance contracts written
within this state during the preceding calendar year, on or
48.14.020
(2008 Ed.)
Fees and Taxes
before the first day of March of each year pay to the state
treasurer through the commissioner’s office a tax of ninetyfive one-hundredths of one percent on its gross underwriting
profit. Such gross underwriting profit shall be ascertained by
deducting from the net premiums (i.e., gross premiums less
all return premiums and premiums for reinsurance) on such
ocean marine and foreign trade insurance contracts the net
losses paid (i.e., gross losses paid less salvage and recoveries
on reinsurance ceded) during such calendar year under such
contracts. In the case of insurers issuing participating contracts, such gross underwriting profit shall not include, for
computation of the tax prescribed by this subsection, the
amounts refunded, or paid as participation dividends, by such
insurers to the holders of such contracts.
(4) The state does hereby preempt the field of imposing
excise or privilege taxes upon insurers or their agents, other
than title insurers, and no county, city, town or other municipal subdivision shall have the right to impose any such taxes
upon such insurers or their agents.
(5) If an authorized insurer collects or receives any such
premiums on account of policies in force in this state which
were originally issued by another insurer and which other
insurer is not authorized to transact insurance in this state on
its own account, such collecting insurer shall be liable for and
shall pay the tax on such premiums. [1986 c 296 § 1; 1983
2nd ex.s. c 3 § 7; 1982 2nd ex.s. c 10 § 1; 1982 1st ex.s. c 35
§ 15; 1979 ex.s. c 233 § 2; 1969 ex.s. c 241 § 9; 1947 c 79 §
.14.02; Rem. Supp. 1947 § 45.14.02.]
Severability—1986 c 296: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 296 § 11.]
Application—1986 c 296 § 1: "[The 1986 c 296 amendment of] RCW
48.14.020 applies to the payment of taxes due beginning July 1, 1986, and
thereafter." [1986 c 296 § 12.]
Effective date—1986 c 296: "Section 7 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing institutions, and shall take effect immediately. The remainder of this act shall take effect July 1, 1986." [1986 c 296
§ 13.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Payment of additional premium tax—1982 2nd ex.s. c 10: "The additional premium tax payments required by the amendment of RCW 48.14.020
by section 1 of this act shall be paid to the state treasurer through the insurance commissioner’s office on March 1, 1983. Thereafter the prepayment
schedule provided by RCW 48.14.025 shall apply." [1982 2nd ex.s. c 10 §
2.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective date—1979 ex.s. c 233: "This 1979 amendatory act shall
become effective beginning upon and after January 1, 1980." [1979 ex.s. c
233 § 4.]
Intent—1979 ex.s. c 233: "It is the intent of the legislature to eliminate
existing tax discrimination between qualified and nonqualified pension plans
which are effectuated by annuity contracts, by excluding the consideration
paid for such contracts from premiums subject to the premium tax." [1979
ex.s. c 233 § 1.]
Severability—1979 ex.s. c 233: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 233 § 3.]
Credit against premium tax for assessments paid pursuant to RCW
48.32.060(1)(c): RCW 48.32.145.
Portion of state taxes on fire insurance premiums to be deposited in
(2008 Ed.)
48.14.020
firefighters’ pension fund: RCW 41.16.050.
volunteer firefighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
48.14.020 Premium taxes. (Effective July 1, 2009.)
(1) Subject to other provisions of this chapter, each authorized insurer except title insurers shall on or before the first
day of March of each year pay to the state treasurer through
the commissioner’s office a tax on premiums. Except as provided in subsection (2) of this section, such tax shall be in the
amount of two percent of all premiums, excluding amounts
returned to or the amount of reductions in premiums allowed
to holders of industrial life policies for payment of premiums
directly to an office of the insurer, collected or received by
the insurer during the preceding calendar year other than
ocean marine and foreign trade insurances, after deducting
premiums paid to policyholders as returned premiums, upon
risks or property resident, situated, or to be performed in this
state. For the purposes of this section the consideration
received by an insurer for the granting of an annuity shall not
be deemed to be a premium.
(2) In the case of insurers which require the payment by
their policyholders at the inception of their policies of the
entire premium thereon in the form of premiums or premium
deposits which are the same in amount, based on the character of the risks, regardless of the length of term for which
such policies are written, such tax shall be in the amount of
two percent of the gross amount of such premiums and premium deposits upon policies on risks resident, located, or to
be performed in this state, in force as of the thirty-first day of
December next preceding, less the unused or unabsorbed portion of such premiums and premium deposits computed at the
average rate thereof actually paid or credited to policyholders
or applied in part payment of any renewal premiums or premium deposits on one-year policies expiring during such
year.
(3) Each authorized insurer shall with respect to all
ocean marine and foreign trade insurance contracts written
within this state during the preceding calendar year, on or
before the first day of March of each year pay to the state
treasurer through the commissioner’s office a tax of ninetyfive one-hundredths of one percent on its gross underwriting
profit. Such gross underwriting profit shall be ascertained by
deducting from the net premiums (i.e., gross premiums less
all return premiums and premiums for reinsurance) on such
ocean marine and foreign trade insurance contracts the net
losses paid (i.e., gross losses paid less salvage and recoveries
on reinsurance ceded) during such calendar year under such
contracts. In the case of insurers issuing participating contracts, such gross underwriting profit shall not include, for
computation of the tax prescribed by this subsection, the
amounts refunded, or paid as participation dividends, by such
insurers to the holders of such contracts.
(4) The state does hereby preempt the field of imposing
excise or privilege taxes upon insurers or their appointed
insurance producers, other than title insurers, and no county,
city, town or other municipal subdivision shall have the right
to impose any such taxes upon such insurers or these insurance producers.
(5) If an authorized insurer collects or receives any such
premiums on account of policies in force in this state which
48.14.020
[Title 48 RCW—page 73]
48.14.0201
Title 48 RCW: Insurance
were originally issued by another insurer and which other
insurer is not authorized to transact insurance in this state on
its own account, such collecting insurer shall be liable for and
shall pay the tax on such premiums. [2008 c 217 § 6; 1986 c
296 § 1; 1983 2nd ex.s. c 3 § 7; 1982 2nd ex.s. c 10 § 1; 1982
1st ex.s. c 35 § 15; 1979 ex.s. c 233 § 2; 1969 ex.s. c 241 § 9;
1947 c 79 § .14.02; Rem. Supp. 1947 § 45.14.02.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—1986 c 296: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 296 § 11.]
Application—1986 c 296 § 1: "[The 1986 c 296 amendment of] RCW
48.14.020 applies to the payment of taxes due beginning July 1, 1986, and
thereafter." [1986 c 296 § 12.]
Effective date—1986 c 296: "Section 7 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing institutions, and shall take effect immediately. The remainder of this act shall take effect July 1, 1986." [1986 c 296
§ 13.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Payment of additional premium tax—1982 2nd ex.s. c 10: "The additional premium tax payments required by the amendment of RCW 48.14.020
by section 1 of this act shall be paid to the state treasurer through the insurance commissioner’s office on March 1, 1983. Thereafter the prepayment
schedule provided by RCW 48.14.025 shall apply." [1982 2nd ex.s. c 10 §
2.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective date—1979 ex.s. c 233: "This 1979 amendatory act shall
become effective beginning upon and after January 1, 1980." [1979 ex.s. c
233 § 4.]
Intent—1979 ex.s. c 233: "It is the intent of the legislature to eliminate
existing tax discrimination between qualified and nonqualified pension plans
which are effectuated by annuity contracts, by excluding the consideration
paid for such contracts from premiums subject to the premium tax." [1979
ex.s. c 233 § 1.]
Severability—1979 ex.s. c 233: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 233 § 3.]
Credit against premium tax for assessments paid pursuant to RCW
48.32.060(1)(c): RCW 48.32.145.
Portion of state taxes on fire insurance premiums to be deposited in
firefighters’ pension fund: RCW 41.16.050.
volunteer firefighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
48.14.0201 Premiums and prepayments tax—Health
care services—Exemptions—State preemption. (1) As
used in this section, "taxpayer" means a health maintenance
organization as defined in RCW 48.46.020, a health care service contractor as defined in RCW 48.44.010, or a selffunded multiple employer welfare arrangement as defined in
RCW 48.125.010.
(2) Each taxpayer shall pay a tax on or before the first
day of March of each year to the state treasurer through the
insurance commissioner’s office. The tax shall be equal to
the total amount of all premiums and prepayments for health
care services received by the taxpayer during the preceding
calendar year multiplied by the rate of two percent.
(3) Taxpayers shall prepay their tax obligations under
this section. The minimum amount of the prepayments shall
be percentages of the taxpayer’s tax obligation for the preced48.14.0201
[Title 48 RCW—page 74]
ing calendar year recomputed using the rate in effect for the
current year. For the prepayment of taxes due during the first
calendar year, the minimum amount of the prepayments shall
be percentages of the taxpayer’s tax obligation that would
have been due had the tax been in effect during the previous
calendar year. The tax prepayments shall be paid to the state
treasurer through the commissioner’s office by the due dates
and in the following amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent;
(c) On or before December 15, twenty-five percent.
(4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding
calendar year’s tax obligation as recomputed for calculating
the health maintenance organization’s, health care service
contractor’s, self-funded multiple employer welfare arrangement’s, or certified health plan’s prepayment obligations for
the current tax year.
(5) Moneys collected under this section shall be deposited in the general fund through March 31, 1996, and in the
health services account under RCW 43.72.900 after March
31, 1996.
(6) The taxes imposed in this section do not apply to:
(a) Amounts received by any taxpayer from the United
States or any instrumentality thereof as prepayments for
health care services provided under Title XVIII (medicare) of
the federal social security act.
(b) Amounts received by any taxpayer from the state of
Washington as prepayments for health care services provided
under:
(i) The medical care services program as provided in
RCW 74.09.035;
(ii) The Washington basic health plan on behalf of subsidized enrollees as provided in chapter 70.47 RCW; or
(iii) The medicaid program on behalf of elderly or disabled clients as provided in chapter 74.09 RCW when these
prepayments are received prior to July 1, 2009, and are associated with a managed care contract program that has been
implemented on a voluntary demonstration or pilot project
basis.
(c) Amounts received by any health care service contractor, as defined in RCW 48.44.010, as prepayments for health
care services included within the definition of practice of
dentistry under RCW 18.32.020.
(d) Participant contributions to self-funded multiple
employer welfare arrangements that are not taxable in this
state.
(7) Beginning January 1, 2000, the state does hereby preempt the field of imposing excise or privilege taxes upon taxpayers and no county, city, town, or other municipal subdivision shall have the right to impose any such taxes upon such
taxpayers. This subsection shall be limited to premiums and
payments for health benefit plans offered by health care service contractors under chapter 48.44 RCW, health maintenance organizations under chapter 48.46 RCW, and selffunded multiple employer welfare arrangements as defined in
RCW 48.125.010. The preemption authorized by this subsection shall not impair the ability of a county, city, town, or
other municipal subdivision to impose excise or privilege
taxes upon the health care services directly delivered by the
(2008 Ed.)
Fees and Taxes
employees of a health maintenance organization under chapter 48.46 RCW.
(8)(a) The taxes imposed by this section apply to a selffunded multiple employer welfare arrangement only in the
event that they are not preempted by the employee retirement
income security act of 1974, as amended, 29 U.S.C. Sec.
1001 et seq. The arrangements and the commissioner shall
initially request an advisory opinion from the United States
department of labor or obtain a declaratory ruling from a federal court on the legality of imposing state premium taxes on
these arrangements. Once the legality of the taxes has been
determined, the multiple employer welfare arrangement certified by the insurance commissioner must begin payment of
these taxes.
(b) If there has not been a final determination of the
legality of these taxes, then beginning on the earlier of (i) the
date the fourth multiple employer welfare arrangement has
been certified by the insurance commissioner, or (ii) April 1,
2006, the arrangement shall deposit the taxes imposed by this
section into an interest bearing escrow account maintained by
the arrangement. Upon a final determination that the taxes
are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq., all
funds in the interest bearing escrow account shall be transferred to the state treasurer.
(9) The effect of transferring contracts for health care
services from one taxpayer to another taxpayer is to transfer
the tax prepayment obligation with respect to the contracts.
(10) On or before June 1st of each year, the commissioner shall notify each taxpayer required to make prepayments in that year of the amount of each prepayment and
shall provide remittance forms to be used by the taxpayer.
However, a taxpayer’s responsibility to make prepayments is
not affected by failure of the commissioner to send, or the
taxpayer to receive, the notice or forms. [2005 c 405 § 1;
2005 c 223 § 6; 2005 c 7 § 1; 2004 c 260 § 24; 1998 c 323 §
1; 1997 c 154 § 1; 1993 sp.s. c 25 § 601; 1993 c 492 § 301.]
Reviser’s note: This section was amended by 2005 c 7 § 1, 2005 c 223
§ 6, and by 2005 c 405 § 1, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 15, 2005]." [2005 c 7 § 3.]
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Effective date—1997 c 154: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 154 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.14.021 Reduction of tax—Policies connected with
pension, etc., plans exempt or qualified under internal
revenue code. As to premiums received from policies or
contracts issued in connection with a pension, annuity or
profit-sharing plan exempt or qualified under sections 401,
48.14.021
(2008 Ed.)
48.14.025
403(b), 404, 408(b), or 501(a) of the United States internal
revenue code, the rate of tax specified in RCW 48.14.020
shall be reduced twelve and one-half percent with respect to
the tax payable in 1964, twenty-five percent with respect to
the tax payable in 1965, thirty-seven and one-half percent
with respect to the tax payable in 1966, fifty percent with
respect to the tax payable in 1967, sixty-two and one-half
percent with respect to the tax payable in 1968, seventy-five
percent with respect to the tax payable in 1969, eighty-seven
and one-half percent with respect to the tax payable in 1970,
and one hundred percent with respect to the tax payable in
1971 and annually thereafter. [1975-’76 2nd ex.s. c 119 § 1;
1974 ex.s. c 132 § 1; 1963 c 166 § 1.]
48.14.022 Taxes—Exemptions and deductions. (1)
The taxes imposed in RCW 48.14.020 and 48.14.0201 do not
apply to premiums and prepayments collected or received for
policies of insurance issued under RCW 48.41.010 through
48.41.210.
(2) In computing tax due under RCW 48.14.020 and
48.14.0201, there may be deducted from taxable premiums
and prepayments the amount of any assessment against the
taxpayer under RCW 48.41.010 through 48.41.210. Any portion of the deduction allowed in this section which cannot be
deducted in a tax year without reducing taxable premiums
below zero may be carried forward and deducted in successive years until the deduction is exhausted. [1995 c 304 § 1;
1987 c 431 § 23.]
48.14.022
Effective date—1995 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 9, 1995]." [1995 c 304 § 2.]
Severability—1987 c 431: See RCW 48.41.910.
48.14.025 Prepayment of tax obligations under RCW
48.14.020. (1) Every insurer with a tax obligation under
RCW 48.14.020 shall make prepayment of the tax obligations under RCW 48.14.020 for the current calendar year’s
business, if the sum of the tax obligations under RCW
48.14.020 for the preceding calendar year’s business is four
hundred dollars or more.
(2) The commissioner shall credit the prepayment
toward the appropriate tax obligations of the insurer for the
current calendar year under RCW 48.14.020.
(3) The minimum amounts of the prepayments shall be
percentages of the insurer’s preceding calendar year’s tax
obligation recomputed using the rate in effect for the current
year and shall be paid to the state treasurer through the commissioner’s office by the due dates and in the following
amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent; and
(c) On or before December 15, twenty-five percent.
For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding
calendar year’s tax obligation as recomputed for calculating
the insurer’s prepayment obligations.
(4) The effect of transferring policies of insurance from
one insurer to another insurer is to transfer the tax prepayment obligation with respect to the policies.
48.14.025
[Title 48 RCW—page 75]
48.14.027
Title 48 RCW: Insurance
(5) On or before June 1 of each year, the commissioner
shall notify each insurer required to make prepayments in
that year of the amount of each prepayment and shall provide
remittance forms to be used by the insurer. However, an
insurer’s responsibility to make prepayments is not affected
by failure of the commissioner to send, or the insurer to
receive, the notice or forms. [1986 c 296 § 2; 1982 c 181 § 4;
1981 c 6 § 1.]
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
Severability—1982 c 181: See note following RCW 48.03.010.
48.14.027 Exemption for state health care premiums
before July 1, 1990. The taxes imposed in RCW 48.14.020
do not apply to premiums collected or received before July 1,
1990, for medical and dental coverage purchased under chapter 41.05 RCW. [1988 c 107 § 32.]
48.14.027
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
48.14.030 Tax statement. The insurer shall file with
the commissioner as part of its annual statement a statement
of premiums so collected or received according to such form
as shall be prescribed and furnished by the commissioner. In
every such statement the reporting of premiums for tax purposes shall be on a written basis or on a paid-for basis consistent with the basis required by the annual statement. [1947 c
79 § .14.03; Rem. Supp. 1947 § 45.14.03.]
48.14.030
48.14.040 Retaliatory provision. (Effective until July
1, 2009.) (1) If pursuant to the laws of any other state or
country, any taxes, licenses, fees, deposits, or other obligations or prohibitions, in the aggregate, or additional to or at a
net rate in excess of any such taxes, licenses, fees, deposits or
other obligations or prohibitions imposed by the laws of this
state upon like foreign or alien insurers and their agents and
solicitors, are imposed on insurers of this state and their
agents doing business in such other state or country, a like
rate, obligation or prohibition may be imposed by the commissioner, as to any item or combination of items involved,
upon all insurers of such other state or country and their
agents doing business in this state, so long as such laws
remain in force or are so applied.
(2) For the purposes of this section, an alien insurer may
be deemed to be domiciled in the state wherein it has established its principal office or agency in the United States. If no
such office or agency has been established, the domicile of
the alien insurer shall be deemed to be the country under the
laws of which it is formed.
(3) For the purposes of this section, the regulatory surcharge imposed by RCW 48.02.190 shall not be included in
the calculation of any retaliatory taxes, licenses, fees, deposits, or other obligations or prohibitions imposed under this
section. [2007 c 153 § 4; 1988 c 248 § 8; 1949 c 190 § 21,
part; 1947 c 79 § .14.04; Rem. Supp. 1949 § 45.14.04.]
48.14.040
48.14.040 Retaliatory provision. (Effective July 1,
2009.) (1) If pursuant to the laws of any other state or country, any taxes, licenses, fees, deposits, or other obligations or
prohibitions, in the aggregate, or additional to or at a net rate
in excess of any such taxes, licenses, fees, deposits or other
48.14.040
[Title 48 RCW—page 76]
obligations or prohibitions imposed by the laws of this state
upon like foreign or alien insurers and their appointed insurance producers or title insurance agents, are imposed on
insurers of this state and their appointed insurance producers
or title insurance agents doing business in such other state or
country, a like rate, obligation or prohibition may be imposed
by the commissioner, as to any item or combination of items
involved, upon all insurers of such other state or country and
their appointed insurance producers or title insurance agents
doing business in this state, so long as such laws remain in
force or are so applied.
(2) For the purposes of this section, an alien insurer may
be deemed to be domiciled in the state wherein it has established its principal office or agency in the United States. If no
such office or agency has been established, the domicile of
the alien insurer shall be deemed to be the country under the
laws of which it is formed.
(3) For the purposes of this section, the regulatory surcharge imposed by RCW 48.02.190 shall not be included in
the calculation of any retaliatory taxes, licenses, fees, deposits, or other obligations or prohibitions imposed under this
section. [2008 c 217 § 7; 2007 c 153 § 4; 1988 c 248 § 8;
1949 c 190 § 21, part; 1947 c 79 § .14.04; Rem. Supp. 1949 §
45.14.04.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.14.060 Failure to pay tax—Penalty. (1) Any
insurer or taxpayer, as defined in RCW 48.14.0201, failing to
file its tax statement and to pay the specified tax or prepayment of tax on premiums and prepayments for health care
services by the last day of the month in which the tax
becomes due shall be assessed a penalty of five percent of the
amount of the tax; and if the tax is not paid within forty-five
days after the due date, the insurer will be assessed a total
penalty of ten percent of the amount of the tax; and if the tax
is not paid within sixty days of the due date, the insurer will
be assessed a total penalty of twenty percent of the amount of
the tax. The tax may be collected by distraint, and the penalty
recovered by any action instituted by the commissioner in
any court of competent jurisdiction. The amount of any penalty collected must be paid to the state treasurer and credited
to the general fund.
(2) In addition to the penalties set forth in subsection (1)
of this section, interest will accrue on the amount of the
unpaid tax or prepayment at the maximum legal rate of interest permitted under RCW 19.52.020 commencing sixty-one
days after the tax is due until paid. This interest will not
accrue on taxes imposed under RCW 48.15.120.
(3) The commissioner may revoke the certificate of
authority or registration of any delinquent insurer or taxpayer, and the certificate of authority or registration will not
be reissued until all taxes, prepayments of tax, interest, and
penalties have been fully paid and the insurer or taxpayer has
otherwise qualified for the certificate of authority or registration. [2003 c 341 § 1; 1981 c 6 § 2; 1947 c 79 § .14.06; Rem.
Supp. 1947 § 45.14.06.]
48.14.060
48.14.070 Refunds. In event any person has paid to the
commissioner any tax, license fee or other charge in error or
in excess of that which he is lawfully obligated to pay, the
48.14.070
(2008 Ed.)
Fees and Taxes
commissioner shall upon written request made to him make a
refund thereof. A person may only request a refund of taxes
within six years from the date the taxes were paid. A person
may only request a refund of fees or charges other than taxes
within thirteen months of the date the fees or charges were
paid. Refunds may be made either by crediting the amount
toward payment of charges due or to become due from such
person, or by making a cash refund. To facilitate such cash
refunds the commissioner may establish a revolving fund out
of funds appropriated by the legislature for his use. [1979
ex.s. c 130 § 2; 1947 c 79 § .14.07; Rem. Supp. 1947 §
45.14.07.]
48.14.095
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.14.090 Determining amount of direct premium
taxable in this state. In determining the amount of direct
premium taxable in this state, all such premiums written, procured, or received in this state shall be deemed written upon
risks or property resident, situated, or to be performed in this
state except such premiums as are properly allocated or
apportioned and reported as taxable premiums of any other
state or states. [1963 c 195 § 14.]
48.14.090
48.14.095 Unlawful or delinquent insurers or taxpayers—Computing the tax payable—Risks, exposures, or
enrolled participants only partially in state. (Effective
until July 1, 2009.) (1) This section applies to any insurer or
taxpayer, as defined in RCW 48.14.0201, violating or failing
to comply with RCW 48.05.030(1), *48.17.060 (1) or (2),
48.36A.290(1), 48.44.015(1), or 48.46.027(1).
(2) Except as provided in subsection (7) of this section,
RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers
or taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract,
or health maintenance agreement covers risks or exposures,
or enrolled participants only partially in this state, the tax
payable is computed on the portion of the premium that is
properly allocated to a risk or exposure located in this state,
or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums
under subsection (3) of this section, all premiums, other than
premiums properly allocated or apportioned and reported as
taxable premiums of another state, that are written, procured,
or received in this state, or that are for a policy or contract
negotiated in this state, are considered to be written on risks
or property resident, situated, or to be performed in this state,
or for health care services to be provided to enrolled participants residing in this state.
(5) Insurance on risks or property resident, situated, or to
be performed in this state, or health coverage for the provision of health care services for residents of this state, is considered to be insurance procured, continued, renewed, or performed in this state, regardless of the location from which the
application is made, the negotiations are conducted, or the
premiums are remitted.
(6) Premiums on risks or exposures that are properly
allocated to federal waters or international waters or under
the jurisdiction of a foreign government are not taxable by
this state.
(7) This section does not apply to premiums on insurance
procured by a licensed surplus line broker under chapter
48.15 RCW. [2003 c 341 § 3.]
48.14.095
48.14.080
48.14.080 Premium tax in lieu of other forms—
Exceptions—Definition. (1) As to insurers, other than title
insurers and taxpayers under RCW 48.14.0201, the taxes
imposed by this title shall be in lieu of all other taxes, except
as otherwise provided in this section.
(2) Subsection (1) of this section does not apply with
respect to:
(a) Taxes on real and tangible personal property;
(b) Excise taxes on the sale, purchase, use, or possession
of (i) real property; (ii) tangible personal property; (iii)
extended warranties; and (iv) services; and
(c) The tax imposed in RCW 82.04.260(10), regarding
public and nonprofit hospitals.
(3) For the purposes of this section, the term "taxes"
includes taxes imposed by the state or any county, city, town,
municipal corporation, quasi-municipal corporation, or other
political subdivision. [2006 c 278 § 2; 1998 c 312 § 1; 1993
sp.s. c 25 § 602; 1993 c 492 § 302; 1949 c 190 § 21, part;
Rem. Supp. 1949 § 45.14.08.]
Findings—Intent—2006 c 278: "The legislature finds that the insurance premiums tax is intended to be in lieu of any other tax imposed on
insurers. However, insurers are not exempt from taxes on real and tangible
personal property, or excise taxes on the sale, purchase, or use of such property. These provisions, enacted in 1949, have not been reviewed or altered
in light of significant expansion of sales and use taxes to include taxation of
many service activities. Some insurers have interpreted their obligation to
pay retail sales and use taxes to be limited to those taxes imposed on the sale
or use of tangible personal property. These insurers claim exemption from
retail sales tax, use tax, or any other excise tax on the purchase or sale of services, such as telephone service, credit bureau services, construction services, landscape services, and repair services. Other insurers have consistently paid excise taxes imposed on these services.
The legislature further finds exempting insurers from excise taxes on
the purchase or sale of services is inequitable and results from the inadvertent failure to revise insurance premiums tax statutes to be consistent with
other excise tax statutes. The legislature declares its intent to require insurers
to pay retail sales and use taxes on purchases of both tangible personal property or services, on the same terms as other taxpayers. This act is intended to
apply both prospectively and retrospectively." [2006 c 278 § 1.]
Application—2006 c 278: "This act applies both prospectively and retroactively." [2006 c 278 § 3.]
Effective date—2006 c 278: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2006]." [2006 c 278 § 4.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
(2008 Ed.)
*Reviser’s note: RCW 48.17.060 was amended by 2007 c 117 § 2,
deleting subsections (1) and (2), effective July 1, 2009.
48.14.095 Unlawful or delinquent insurers or taxpayers—Computing the tax payable—Risks, exposures, or
enrolled participants only partially in state. (Effective
July 1, 2009.) (1) This section applies to any insurer or taxpayer, as defined in RCW 48.14.0201, violating or failing to
48.14.095
[Title 48 RCW—page 77]
48.14.100
Title 48 RCW: Insurance
comply with RCW 48.05.030(1), 48.17.060 , 48.36A.290(1),
48.44.015(1), or 48.46.027(1).
(2) Except as provided in subsection (7) of this section,
RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers
or taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract,
or health maintenance agreement covers risks or exposures,
or enrolled participants only partially in this state, the tax
payable is computed on the portion of the premium that is
properly allocated to a risk or exposure located in this state,
or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums
under subsection (3) of this section, all premiums, other than
premiums properly allocated or apportioned and reported as
taxable premiums of another state, that are written, procured,
or received in this state, or that are for a policy or contract
negotiated in this state, are considered to be written on risks
or property resident, situated, or to be performed in this state,
or for health care services to be provided to enrolled participants residing in this state.
(5) Insurance on risks or property resident, situated, or to
be performed in this state, or health coverage for the provision of health care services for residents of this state, is considered to be insurance procured, continued, renewed, or performed in this state, regardless of the location from which the
application is made, the negotiations are conducted, or the
premiums are remitted.
(6) Premiums on risks or exposures that are properly
allocated to federal waters or international waters or under
the jurisdiction of a foreign government are not taxable by
this state.
(7) This section does not apply to premiums on insurance
procured by a licensed surplus line broker under chapter
48.15 RCW. [2008 c 217 § 8; 2003 c 341 § 3.]
48.15.100
48.15.110
48.15.120
48.15.130
48.15.140
48.15.150
48.15.160
48.15.170
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.15.023 Unauthorized activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves an insurance contract.
(3) Any person who knowingly violates RCW
48.15.020(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.15.020(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 3.]
48.14.100 Foreign or alien insurers, continuing liability for taxes. Any foreign or alien insurer authorized to do
business in this state which hereafter either withdraws from
the state or has its certificate of authority suspended or
revoked shall continue to pay premium taxes pursuant to this
chapter as to policies upon risks or property resident, situated, or to be performed in this state, which policies were
issued during the time the insurer was authorized in this state.
[1963 c 195 § 15.]
48.14.100
Chapter 48.15
Chapter 48.15 RCW
UNAUTHORIZED INSURERS
Sections
48.15.020
48.15.023
48.15.030
48.15.040
48.15.050
48.15.060
48.15.070
48.15.073
48.15.080
48.15.085
48.15.090
Solicitation by unauthorized insurer prohibited—Personal liability.
Unauthorized activities—Acts committed in this state—Sanctions.
Validity of contracts illegally effectuated.
"Surplus line" coverage.
Endorsement of contract.
Validity of contracts.
Surplus line brokers—Licensing.
Nonresident surplus line brokers—Licensing—Reciprocity.
Broker may accept business.
Liability of insurer assuming direct risk.
Solvent insurer required.
[Title 48 RCW—page 78]
Record of surplus line broker.
Broker’s annual statement.
Premium tax—Surplus lines.
Penalty for default.
Revocation, suspension, or failure to renew broker’s license.
Legal process against surplus line insurer.
Exemptions from surplus line requirements.
Records of insureds—Inspection.
48.15.020 Solicitation by unauthorized insurer prohibited—Personal liability. (1) An insurer that is not authorized by the commissioner may not solicit insurance business
in this state or transact insurance business in this state, except
as provided in this chapter.
(2)(a) A person may not, in this state, represent an unauthorized insurer except as provided in this chapter. This subsection does not apply to any adjuster or attorney-at-law representing an unauthorized insurer from time to time in this
state in his or her professional capacity.
(b) A person, other than a duly licensed surplus line broker acting in good faith under his or her license, who makes a
contract of insurance in this state, directly or indirectly, on
behalf of an unauthorized insurer, without complying with
the provisions of this chapter, is personally liable for the performance of such contract.
(3) Each violation of subsection (2) of this section constitutes a separate offense punishable by a fine of not more
than twenty-five thousand dollars, and the commissioner, at
the commissioner’s discretion, may order replacement of policies improperly placed with an unauthorized insurer with
policies issued by an authorized insurer. Violations may
result in suspension or revocation of a license. [2003 c 250 §
2; 1992 c 149 § 1; 1983 1st ex.s. c 32 § 3; 1980 c 102 § 2;
1947 c 79 § .15.02; Rem. Supp. 1947 § 45.15.02.]
48.15.020
Severability—2003 c 250: See note following RCW 48.01.080.
48.15.023
(2008 Ed.)
Unauthorized Insurers
Severability—2003 c 250: See note following RCW 48.01.080.
48.15.030 Validity of contracts illegally effectuated.
A contract of insurance effectuated by an unauthorized
insurer in violation of the provisions of this code shall be
voidable except at the instance of the insurer. [1947 c 79 §
.15.03; Rem. Supp. 1947 § 45.15.03.]
48.15.030
48.15.040 "Surplus line" coverage. If certain insurance coverages cannot be procured from authorized insurers,
such coverages, hereinafter designated as "surplus lines,"
may be procured from unauthorized insurers subject to the
following conditions:
(1) The insurance must be procured through a licensed
surplus line broker.
(2) The insurance must not be procurable, after diligent
effort has been made to do so from among a majority of the
insurers authorized to transact that kind of insurance in this
state.
(3) Coverage shall not be procured from an unauthorized
insurer for the purpose of securing a lower premium rate than
would be accepted by any authorized insurer nor to secure
any other competitive advantage.
(4) The commissioner may by regulation establish the
degree of effort required to comply with subsections (2) and
(3) of this section.
(5) At the time of the procuring of any such insurance an
affidavit setting forth the facts referred to in subsections (2)
and (3) of this section must be executed by the surplus line
broker. Such affidavit shall be filed with the commissioner
within thirty days after the insurance is procured. [1983 1st
ex.s. c 32 § 4; 1947 c 79 § .15.04; Rem. Supp. 1947 §
45.15.04.]
48.15.040
48.15.050 Endorsement of contract. Every insurance
contract procured and delivered as a surplus line coverage
pursuant to this chapter shall have stamped upon it and be initialed by or bear the name of the surplus line broker who procured it, the following:
"This contract is registered and delivered as a surplus
line coverage under the insurance code of the state of Washington, enacted in 1947." [1947 c 79 § .15.05; Rem. Supp.
1947 § 45.15.05.]
48.15.050
48.15.060 Validity of contracts. Insurance contracts
procured as surplus line coverage from unauthorized insurers
in accordance with this chapter shall be fully valid and
enforceable as to all parties, and shall be given recognition in
all matters and respects to the same effect as like contracts
issued by authorized insurers. [1947 c 79 § .15.06; Rem.
Supp. 1947 § 45.15.06.]
48.15.060
48.15.070 Surplus line brokers—Licensing. Any
individual while a resident of this state, or any firm or any
corporation that has in its employ a qualified individual who
is a resident of this state and who is authorized to exercise the
powers of the firm or corporation, deemed by the commissioner to be competent and trustworthy, and while maintaining an office at a designated location in this state, may be
48.15.070
(2008 Ed.)
48.15.070
licensed as a surplus line broker in accordance with this section.
(1) Application to the commissioner for the license shall
be made on forms furnished by the commissioner. As part of,
or in connection with, this application, the applicant shall furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the
federal bureau of investigation, and any governmental
agency or entity authorized to receive this information for a
state and national criminal history background check; personal history; experience; business records; purposes; and
other pertinent information, as the commissioner may reasonably require.
(2) The license shall expire if not timely renewed. Surplus line brokers licenses shall be valid for the time period
established by the commissioner unless suspended or
revoked at an earlier date.
(3) Prior to issuance of license the applicant shall file
with the commissioner a bond in favor of the state of Washington in the penal sum of twenty thousand dollars, with
authorized corporate sureties approved by the commissioner,
conditioned that he or she will conduct business under the
license in accordance with the provisions of this chapter and
that he or she will promptly remit the taxes provided by RCW
48.15.120. The licensee shall maintain such bond in force for
as long as the license remains in effect.
(4) Every applicant for a surplus line broker’s license or
for the renewal of a surplus line broker’s license shall file
with the application or request for renewal a bond in favor of
the people of the state of Washington, executed by an authorized corporate surety approved by the commissioner, in the
amount of one hundred thousand dollars and shall be the
bonding requirement for new licensees. The licensee shall
maintain such bond in force while so licensed. The bond may
be continuous in form, and total aggregate liability on the
bond may be limited to the amount stated in the bond. The
bond shall be contingent on the accounting by the surplus line
broker to any person requesting such broker to obtain insurance, for moneys or premiums collected in connection therewith. A bond issued in accordance with RCW 48.17.250 or
with this subsection will satisfy the requirements of both
RCW 48.17.250 and this subsection if the limit of liability is
not less than the greater of the requirement of RCW
48.17.250 or the requirement of this subsection.
(5) Any bond issued pursuant to subsection (3) or (4) of
this section shall remain in force until the surety is released
from liability by the commissioner, or until the bond is canceled by the surety. Without prejudice to any liability accrued
prior to such cancellation, the surety may cancel the bond
upon thirty days’ advance notice in writing filed with the
commissioner.
(6) If in the process of verifying fingerprints under subsection (1) of this section, business records, or other information the commissioner’s office incurs fees or charges from
another governmental agency or from a business firm, the
amount of the fees or charges shall be paid to the commissioner’s office by the applicant.
(7) For the purposes of this section, a "qualified individual" is a natural person who has met all the requirements that
must be met by an individual surplus line broker. [2002 c 227
§ 3; 1994 c 131 § 3; 1983 1st ex.s. c 32 § 24; 1982 c 181 § 5;
[Title 48 RCW—page 79]
48.15.073
Title 48 RCW: Insurance
1981 c 199 § 1; 1980 c 102 § 3; 1979 ex.s. c 130 § 3; 1977
ex.s. c 182 § 2; 1959 c 225 § 4; 1947 c 79 § .15.07; Rem.
Supp. 1947 § 45.15.07.]
Effective date—2002 c 227: See note following RCW 48.06.040.
Severability—1982 c 181: See note following RCW 48.03.010.
48.15.073 Nonresident surplus line brokers—Licensing—Reciprocity. (1) The commissioner may license as a
surplus line broker a person who is otherwise qualified under
this code but who is not a resident of this state, if by the laws
of the state or province of his or her residence or domicile a
similar privilege is extended to residents of this state.
(2) A person under subsection (1) of this section must
meet the same qualifications, other than residency, as any
other person seeking to be licensed as a surplus line broker
under this chapter. A person granted a nonresident surplus
line broker’s license must have all the same responsibilities
as any other surplus line broker and is subject to the (a) commissioner’s supervision as though resident in this state and
(b) rules adopted under this chapter. [2001 c 91 § 1.]
48.15.073
48.15.080 Broker may accept business. (Effective
until July 1, 2009.) A licensed surplus line broker may
accept and place surplus line business for any insurance agent
or broker licensed in this state for the kind of insurance
involved, and may compensate such agent or broker therefor.
[1947 c 79 § .15.08; Rem. Supp. 1947 § 45.15.08.]
48.15.080
48.15.080 Licensed surplus line broker may accept
business. (Effective July 1, 2009.) A licensed surplus line
broker may accept and place surplus line business for any
insurance producer licensed in this state for the kind of insurance involved, and may compensate that insurance producer
therefor. [2008 c 217 § 9; 1947 c 79 § .15.08; Rem. Supp.
1947 § 45.15.08.]
48.15.080
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.15.085 Liability of insurer assuming direct risk.
(1) If pursuant to the surplus lines provisions of this chapter
an insurer has assumed direct risk under a coverage and the
premium therefor has been paid to the broker who placed
such insurance, the insurer shall be liable to the insured for
unearned premiums payable upon cancellation of the insurance, whether or not the broker is indebted to the insurer for
such premium or otherwise. This provision shall not affect
rights as between the insurer and the broker.
(2) Each such insurer shall be deemed to have subjected
itself to this section by acceptance of such direct risk. [1959
c 225 § 5.]
48.15.085
48.15.090 Solvent insurer required. (1) A surplus line
broker shall not knowingly place surplus line insurance with
insurers unsound financially. The surplus line broker shall
ascertain the financial condition of the unauthorized insurer,
and maintain written evidence thereof, before placing insurance therewith. The surplus line broker shall not so insure
with:
(a) Any foreign insurer having less than six million dollars of capital and surplus or substantially equivalent capital
48.15.090
[Title 48 RCW—page 80]
funds, of which not less than one million five hundred thousand dollars is capital; or
(b) Any alien insurer having less than six million dollars
of capital and surplus or substantially equivalent capital
funds. By January 1, 1992, this requirement shall be
increased to twelve million five hundred thousand dollars. By
January 1, 1993, this requirement shall be further increased to
fifteen million dollars.
Such alien insurers must have in force in the United
States an irrevocable trust fund, in a qualified United States
financial institution, on behalf of United States policyholders
of not less than five million four hundred thousand dollars
and consisting of cash, securities, letters of credit, or of
investments of substantially the same character and quality as
those which are eligible investments for the capital and statutory reserves of admitted insurers authorized to write like
kinds of insurance in this state.
There must be on file with the commissioner a copy of
the trust, certified by the trustee, evidencing a subsisting trust
fund deposit having an expiration date which at no time shall
be less than five years after the date of creation of the trust.
Such trust fund shall be included in the calculation of the
insurer’s capital and surplus or its equivalents; or
(c) Any group including incorporated and individual
insurers maintaining a trust fund of less than fifty million dollars as security to the full amount thereof for all policyholders
in the United States of each member of the group, and such
trust shall likewise comply with the terms and conditions
established in (b) of this subsection for an alien insurer; or
(d) Any insurance exchange created by the laws of an
individual state, maintaining capital and surplus, or substantially equivalent capital funds of less than fifty million dollars
in the aggregate. For insurance exchanges which maintain
funds for the protection of all insurance exchange policyholders, each individual syndicate shall maintain minimum capital and surplus, or the substantial equivalent thereof, of not
less than six million dollars. In the event the insurance
exchange does not maintain funds for the protection of all
insurance exchange policyholders, each individual syndicate
shall meet the minimum capital and surplus requirements of
(a) of this subsection.
(2) The commissioner may, by rule:
(a) Increase the financial requirements under subsection
(1) of this section by not more than one million dollars in any
twelve-month period, but in no case may the requirements
exceed fifteen million dollars; or
(b) Prescribe the terms under which the foregoing financial requirements may be waived in circumstances where
insurance cannot be otherwise procured on risks located in
this state.
(3) For any violation of this section the surplus line broker may be fined not less than one hundred dollars or more
than five thousand dollars, and in addition to or in lieu thereof
the surplus line broker’s license may be revoked, suspended,
or nonrenewed. [1997 c 89 § 1; 1994 c 86 § 2; 1991 sp.s. c 5
§ 2; 1980 c 102 § 4; 1975 1st ex.s. c 266 § 6; 1969 ex.s. c 241
§ 10; 1955 c 303 § 5; 1947 c 79 § .15.09; Rem. Supp. 1947 §
45.15.09.]
Effective date—1997 c 89: "This act takes effect June 1, 1998." [1997
c 89 § 2.]
Effective date—1994 c 86: See note following RCW 48.12.160.
(2008 Ed.)
Unauthorized Insurers
Effective date—1991 sp.s. c 5: See note following RCW 48.05.340.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.15.100 Record of surplus line broker. (1) Each
licensed surplus line broker shall keep a full and true record
of each surplus line contract procured by him including a
copy of the daily report, if any, showing such of the following
items as may be applicable:
(a) Amount of the insurance;
(b) Gross premiums charged;
(c) Return premium paid, if any;
(d) Rate of premium charged upon the several items of
property;
(e) Effective date of the contract, and the terms thereof;
(f) Name and address of the insurer;
(g) Name and address of the insured;
(h) Brief general description of property insured and
where located;
(i) Other information as may be required by the commissioner.
(2) All such records as to any particular transaction shall
be kept available and open to the inspection of the commissioner at any business time during the five years next following the date of completion of such transaction. [1955 c 303 §
6; 1947 c 79 § .15.10; Rem. Supp. 1947 § 45.15.10.]
48.15.100
48.15.110 Broker’s annual statement. (1) Each surplus line broker shall on or before the first day of March of
each year file with the commissioner a verified statement of
all surplus line insurance transacted by him during the preceding calendar year.
(2) The statement shall be on forms as prescribed and
furnished by the commissioner and shall show:
(a) Aggregate of net premiums;
(b) Additional information as required by the commissioner. [1955 c 303 § 7; 1947 c 79 § .15.11; Rem. Supp. 1947
§ 45.15.11.]
48.15.110
48.15.120 Premium tax—Surplus lines. (1) On or
before the first day of March of each year each surplus line
broker shall remit to the state treasurer through the commissioner a tax on the premiums, exclusive of sums collected to
cover federal and state taxes and examination fees, on surplus
line insurance subject to tax transacted by him during the preceding calendar year as shown by his annual statement filed
with the commissioner, and at the same rate as is applicable
to the premiums of authorized foreign insurers under this
code. Such tax when collected shall be credited to the general
fund.
(2) If a surplus line policy covers risks or exposures only
partially in this state the tax so payable shall be computed
upon the proportion of the premium which is properly allocable to the risks or exposures located in this state. [1947 c 79
§ .15.12; Rem. Supp. 1947 § 45.15.12.]
48.15.120
48.15.130 Penalty for default. If any surplus line broker fails to file his or her annual statement, or fails to remit
the tax provided by RCW 48.15.120, by the last day of the
month in which the tax becomes due, the surplus line broker
must pay the penalties provided in RCW 48.14.060(1). The
48.15.130
(2008 Ed.)
48.15.140
tax may be collected by distraint, or the tax and fine may be
recovered by an action instituted by the commissioner in any
court of competent jurisdiction. Any fine collected by the
commissioner must be paid to the state treasurer and credited
to the general fund. [2003 c 341 § 2; 1983 1st ex.s. c 32 § 5;
1980 c 102 § 5; 1947 c 79 § .15.13; Rem. Supp. 1947 §
45.15.13.]
48.15.140 Revocation, suspension, or failure to renew
broker’s license. (Effective until July 1, 2009.) (1) The
commissioner may revoke, suspend, or refuse to renew any
surplus line broker’s license:
(a) If the surplus line broker fails to file his annual statement or to remit the tax as required by this chapter; or
(b) If the surplus line broker fails to maintain an office in
this state, or to keep the records, or to allow the commissioner
to examine his records as required by this chapter; or
(c) For any of the causes for which a broker’s license
may be revoked under chapter 48.17 RCW.
(2) The commissioner may suspend or revoke any such
license whenever he deems suspension or revocation to be for
the best interests of the people of this state.
(3) The procedures provided by this code for the suspension or revocation of general brokers’ licenses shall be applicable to suspension or revocation of a surplus line broker’s
license.
(4) No broker whose license has been so revoked shall
again be so licensed within one year thereafter, nor until any
fines or delinquent taxes owing by him have been paid.
[1980 c 102 § 6; 1947 c 79 § .15.14; Rem. Supp. 1947 §
45.15.14.]
48.15.140
48.15.140 Revocation, suspension, or failure to renew
surplus line broker’s license. (Effective July 1, 2009.) (1)
The commissioner may revoke, suspend, or refuse to renew
any surplus line broker’s license:
(a) If the surplus line broker fails to file the licensee’s
annual statement or to remit the tax as required by this chapter; or
(b) If the surplus line broker fails to maintain an office in
this state, or to keep the records, or to allow the commissioner
to examine the licensee’s records as required by this chapter;
or
(c) For any of the causes for which an insurance producer’s license may be revoked under chapter 48.17 RCW.
(2) The commissioner may suspend or revoke any such
license whenever he or she deems suspension or revocation
to be for the best interests of the people of this state.
(3) The procedures provided by this code for the suspension or revocation of insurance producers’ licenses shall be
applicable to suspension or revocation of a surplus line broker’s license.
(4) A surplus line broker whose license has been so
revoked shall not again be so licensed within one year thereafter, nor until any fines or delinquent taxes owing by the formal licensee have been paid. [2008 c 217 § 10; 1980 c 102 §
6; 1947 c 79 § .15.14; Rem. Supp. 1947 § 45.15.14.]
48.15.140
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
[Title 48 RCW—page 81]
48.15.150
Title 48 RCW: Insurance
48.15.150 Legal process against surplus line insurer.
(1) An unauthorized insurer shall be sued, upon any cause of
action arising in this state under any contract issued by it as a
surplus line contract, pursuant to this chapter, in the superior
court of the county in which the cause of action arose.
(2) Service of legal process against the insurer may be
made in any such action by service upon the commissioner of
duplicate copies of such legal process either by a person competent to serve a summons or by registered mail or certified
mail with return receipt requested. At the time of such service
the plaintiff shall pay to the commissioner ten dollars, taxable
as costs in the action. The commissioner shall forthwith mail
the documents of process served, or a true copy thereof, to the
insurer at its principal place of business last known to the
commissioner, or to the person designated by the insurer for
that purpose in the most recent document filed with the commissioner, on forms prescribed by the commissioner, by prepaid registered or certified mail with return receipt requested.
The insurer shall have forty days from the date of service
upon the commissioner within which to plead, answer, or
otherwise defend the action. Upon service of process upon
the commissioner in accordance with this provision, the court
shall be deemed to have jurisdiction in personam of the
insurer.
(3) An unauthorized insurer issuing such policy shall be
deemed thereby to have authorized service of process against
it in the manner and to the effect as provided in this section.
Any such policy shall contain a provision designating the
commissioner as the person upon whom service of process
may be made. [1979 ex.s. c 199 § 4; 1963 c 195 § 16; 1955 c
303 § 8; 1947 c 79 § .15.15; Rem. Supp. 1947 § 45.15.15.]
48.15.150
48.15.160 Exemptions from surplus line requirements. (Effective until July 1, 2009.) (1) The provisions of
this chapter controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this state:
(a) Ocean marine and foreign trade insurances.
(b) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft
owned and principally garaged outside this state.
(c) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in
such operations.
(d) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in schedule interstate
flight, or cargo of such aircraft, or against liability, other than
workers’ compensation and employer’s liability, arising out
of the ownership, maintenance or use of such aircraft.
(2) Agents and brokers so placing any such insurance
with an unauthorized insurer shall keep a full and true record
of each such coverage in detail as required of surplus line
insurance under this chapter and shall meet the requirements
imposed upon a surplus line broker pursuant to RCW
48.15.090 and any regulations adopted thereunder. The
record shall be preserved for not less than five years from the
effective date of the insurance and shall be kept available in
this state and open to the examination of the commissioner.
The agent or broker shall furnish to the commissioner at the
commissioner’s request and on forms as designated and fur48.15.160
[Title 48 RCW—page 82]
nished by him or her a report of all such coverages so placed
in a designated calendar year. [1987 c 185 § 23; 1985 c 264
§ 5; 1949 c 190 § 22; 1947 c 79 § .15.16; Rem. Supp. 1949 §
45.15.16.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.15.160 Exemptions from surplus line requirements. (Effective July 1, 2009.) (1) The provisions of this
chapter controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed insurance producers of this state:
(a) Ocean marine and foreign trade insurances.
(b) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft
owned and principally garaged outside this state.
(c) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in
such operations.
(d) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in schedule interstate
flight, or cargo of such aircraft, or against liability, other than
workers’ compensation and employer’s liability, arising out
of the ownership, maintenance or use of such aircraft.
(2) Insurance producers so placing any such insurance
with an unauthorized insurer shall keep a full and true record
of each such coverage in detail as required of surplus line
insurance under this chapter and shall meet the requirements
imposed upon a surplus line broker pursuant to RCW
48.15.090 and any regulations adopted thereunder. The
record shall be preserved for not less than five years from the
effective date of the insurance and shall be kept available in
this state and open to the examination of the commissioner.
The insurance producer shall furnish to the commissioner at
the commissioner’s request and on forms as designated and
furnished by him or her a report of all such coverages so
placed in a designated calendar year. [2008 c 217 § 11; 1987
c 185 § 23; 1985 c 264 § 5; 1949 c 190 § 22; 1947 c 79 §
.15.16; Rem. Supp. 1949 § 45.15.16.]
48.15.160
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.15.170 Records of insureds—Inspection. Every
person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this chapter shall,
upon the commissioner’s order, produce for his examination
all policies and other documents evidencing the insurance,
and shall disclose to the commissioner the amount of the
gross premiums paid or agreed to be paid for the insurance.
For each refusal to obey such order, such person shall be liable to a fine of not more than five hundred dollars. [1947 c 79
§ .15.17; Rem. Supp. 1947 § 45.15.17.]
48.15.170
Chapter 48.16
Sections
48.16.010
48.16.020
Chapter 48.16 RCW
DEPOSITS OF INSURERS
Deposits of insurers—In general.
Deposits to be held in trust.
(2008 Ed.)
Deposits of Insurers
48.16.030
48.16.050
48.16.060
48.16.070
48.16.080
48.16.090
48.16.100
48.16.110
48.16.120
48.16.130
Securities eligible for deposit.
Commissioner’s receipt—Records.
Transfer of securities.
Depositaries—Designation.
Liability for safekeeping.
Dividends and substitutions.
Release of deposits—Generally.
Release of existing deposits.
Voluntary excess deposits.
Immunity from levy.
48.16.010 Deposits of insurers—In general. The commissioner shall accept deposits of securities or funds by
insurers as follows:
(1) Deposits in amount as required to be made as prerequisite to a certificate of authority to transact insurance in this
state.
(2) Deposits of domestic or alien insurers in amount as
required to be made by the laws of other states as prerequisite
for authority to transact insurance in such other states.
(3) Deposits in amounts as result from application of the
retaliatory provision, RCW 48.14.040.
(4) Deposits in other additional amounts permitted to be
made by this code. [1955 c 86 § 3; 1947 c 79 § .16.01; Rem.
Supp. 1947 § 45.16.01.]
48.16.010
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.020 Deposits to be held in trust. Each such
deposit shall be held by the commissioner in trust for the protection of all policyholders in the United States of the insurer
making it; except that deposits of alien insurers shall be so
held for the security of such insurer’s obligations arising out
of its insurance transactions in the United States, and except
as to deposits the purpose of which may be further limited
pursuant to the retaliatory provision, RCW 48.14.040. [1955
c 86 § 4; 1947 c 79 § .16.02; Rem. Supp. 1947 § 45.16.02.]
48.16.020
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.030 Securities eligible for deposit. All such
deposits shall consist of cash funds or public obligations as
specified in RCW 48.13.040; except, that with respect to
deposits held on account of registered policies heretofore
issued, the commissioner may accept deposit of such other
kinds of securities as are expressly required to be deposited
by the terms of such policies. [1955 c 86 § 5; 1947 c 79 §
.16.03; Rem. Supp. 1947 § 45.16.03.]
48.16.030
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.050 Commissioner’s receipt—Records. (1) The
commissioner shall deliver to the insurer a receipt for all
funds and securities so deposited by it.
(2) The commissioner or the designated depositary shall
keep a record in permanent form of all funds and securities so
deposited. [1955 c 86 § 6; 1947 c 79 § .16.05; Rem. Supp.
1947 § 45.16.05.]
48.16.100
by operation of law, shall be valid unless approved in writing
by the commissioner.
(2) A statement of each such transfer shall be entered on
the records of the commissioner or designated depositary,
showing the name of the insurer from whose deposit such
transfer is made, the name of the transferee, and the par value
of the securities so transferred. [1955 c 86 § 7; 1947 c 79 §
.16.06; Rem. Supp. 1947 § 45.16.06.]
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.070 Depositaries—Designation. The commissioner may designate any solvent trust company or other solvent financial institution having trust powers as the commissioner’s depositary to receive and hold any deposit of securities. Any deposit so held shall be at the expense of the insurer.
Any solvent financial institution having trust powers, the
deposits of which are insured by the Federal Deposit Insurance Corporation, may be designated as the commissioner’s
depositary to receive and hold any deposit of funds. All funds
deposited shall be fully insured by the Federal Deposit Insurance Corporation. For purposes of this section, "solvent
financial institution" means any national or state-chartered
commercial bank or trust company, savings bank, or savings
association, or branch or branches thereof, having trust powers located in this state and lawfully engaged in business.
[1998 c 25 § 1; 1985 c 264 § 6; 1955 c 86 § 8; 1947 c 79 §
.16.07; Rem. Supp. 1947 § 45.16.07.]
48.16.070
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.080 Liability for safekeeping. The state of
Washington shall be responsible for the safekeeping and
return of all funds and securities deposited pursuant to this
chapter with the commissioner or in any such depositary so
designated by him. [1955 c 86 § 9; 1947 c 79 § .16.08; Rem.
Supp. 1947 § 45.16.08.]
48.16.080
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.090 Dividends and substitutions. While solvent
and complying with this code an insurer shall be entitled:
(1) To collect and receive interest and dividends accruing on the securities so held on deposit for its account, and
(2) From time to time exchange and substitute for any of
such securities, other securities eligible for deposit and of at
least equal value. [1947 c 79 § .16.09; Rem. Supp. 1947 §
45.16.09.]
48.16.090
48.16.050
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.060 Transfer of securities. (1) No transfer of
any funds or security so held on deposit, whether voluntary or
48.16.060
(2008 Ed.)
48.16.100 Release of deposits—Generally. (1) Any
such required deposit shall be released in these instances
only:
(a) Upon extinguishment of all liabilities of the insurer
for the security of which the deposit is held, by reinsurance
contract or otherwise.
(b) If any such deposit or portion thereof is no longer
required under this code.
(c) If the deposit has been made pursuant to the retaliatory provision, RCW 48.14.040, it shall be released in whole
or in part when no longer so required.
48.16.100
[Title 48 RCW—page 83]
48.16.110
Title 48 RCW: Insurance
(d) Upon proper order of a court of competent jurisdiction the deposit shall be released to the receiver, conservator,
rehabilitator, or liquidator of the insurer for whose account
the deposit is held.
(2) No such release shall be made except on application
to and written order of the commissioner made upon proof
satisfactory to him of the existence of one of such grounds
therefor. The commissioner shall have no personal liability
for any such release of any deposit or part thereof so made by
him in good faith.
(3) All releases of deposits or any part thereof shall be
made to the person then entitled thereto upon proof of title
satisfactory to the commissioner.
(4) Deposits held on account of title insurers are subject
further to the provisions of chapter 48.29 RCW. [1947 c 79 §
.16.10; Rem. Supp. 1947 § 45.16.10.]
48.16.110 Release of existing deposits. Any part of
any deposit of an insurer held by the commissioner which is
in amount in excess of the deposit required or permitted to be
made by such insurer under this code, shall, upon written
order of the commissioner, be released; except, that no
deposit held on account of any registered policies heretofore
issued by the insurer shall be released except in accordance
with the conditions under which such deposit was made.
[1955 c 86 § 10; 1947 c 79 § .16.11; Rem. Supp. 1947 §
45.16.11.]
48.16.110
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.120 Voluntary excess deposits. An insurer may
deposit and maintain on deposit with the commissioner funds
and eligible securities in amount exceeding its required
deposit under this code by not more than one hundred thousand dollars, for the purpose of absorbing fluctuations in the
value of securities held in its required deposit, and to facilitate the exchange and substitution of such required securities.
During the solvency of the insurer any such excess deposit or
any part thereof shall be released to it upon its request. During the insolvency of the insurer such excess deposit shall be
released only as provided in RCW 48.16.100. [1955 c 86 §
11; 1947 c 79 § .16.12; Rem. Supp. 1947 § 45.16.12.]
48.16.120
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
48.16.130 Immunity from levy. No judgment creditor
or other claimant of an insurer shall levy upon any deposit
held pursuant to this chapter, or upon any part thereof. [1947
c 79 § .16.13; Rem. Supp. 1947 § 45.16.13.]
48.16.130
Chapter 48.17 RCW
AGENTS, BROKERS, SOLICITORS, AND
ADJUSTERS [INSURANCE PRODUCERS,
TITLE INSURANCE AGENTS, AND
ADJUSTERS, EFFECTIVE JULY 1, 2009]
48.17.050
48.17.055
48.17.060
48.17.062
48.17.063
48.17.065
48.17.067
48.17.070
48.17.090
48.17.100
48.17.110
48.17.120
48.17.125
48.17.130
48.17.150
48.17.153
48.17.160
48.17.170
48.17.173
48.17.175
48.17.180
48.17.190
48.17.200
48.17.210
48.17.230
48.17.240
48.17.250
48.17.260
48.17.270
48.17.280
48.17.290
48.17.300
48.17.310
48.17.320
48.17.330
48.17.340
48.17.380
48.17.390
48.17.410
48.17.420
48.17.430
48.17.450
48.17.460
48.17.470
48.17.475
48.17.480
48.17.490
48.17.500
48.17.510
48.17.520
48.17.530
48.17.535
48.17.540
48.17.550
48.17.560
48.17.563
48.17.565
48.17.568
48.17.591
48.17.595
Chapter 48.17
Sections
48.17.005
48.17.010
48.17.020
48.17.030
48.17.040
Rule making.
"Agent" defined.
"Broker" defined.
"Solicitor" defined.
Service representatives.
[Title 48 RCW—page 84]
48.17.597
48.17.600
48.17.900
48.17.901
"Adjuster" defined.
"Insurance education provider" defined.
License required—Exceptions.
Insurance producer license not required under chapter 117,
Laws of 2007.
Unlicensed activities—Acts committed in this state—Sanctions.
Application of chapter to health care service contractors and
health maintenance organizations.
Determining whether authorization exists—Burden on solicitor, agent, or broker.
General qualifications for license.
Application for license.
One filing of personal data sufficient.
Examination of applicants.
Scope of examinations.
Examination questions—Confidentiality—Penalties.
Examinations—Form, time of, fee.
Agent’s and broker’s qualifications—Continuing education
requirements.
Agents selling federal flood insurance policies—Training
requirements.
Appointment of agents—Revocation—Expiration—Renewal.
Form and content of licenses.
Nonresident license request—Conditions for approval—Service of legal process.
In-state applicant has license in another state.
Licenses to firms and corporations.
Limited licenses.
One license required by agent.
Minimum license combinations.
Agent placing rejected business.
Scope of broker’s license.
Broker’s bond.
Broker’s authority—Commissions.
Agent-broker combinations—Compensation—Disclosure.
Solicitor’s qualifications.
Solicitor’s license—Application.
Solicitor’s license fee—Custody—Cancellation.
Limitations upon solicitors.
Responsibility of employing agent or broker.
Nonresident agents and brokers—Reciprocity.
Service of process against nonresident agent or broker.
Adjusters—Qualifications for license.
Adjusters—Separate licenses.
Authority of adjuster.
Agent may adjust—Nonresident adjusters.
Public adjuster’s bond.
Place of business.
Display of license.
Records of agents, brokers, adjusters.
Licensee to reply promptly to inquiry by commissioner.
Reporting and accounting for premiums.
Sharing commissions.
Expiration and renewal of licenses.
Temporary licenses.
Temporary licenses—Duration—Limitations.
Refusal, suspension, revocation of licenses.
License or certificate suspension—Noncompliance with support order—Reissuance.
Procedure to suspend, revoke, or refuse—Effect of conviction
of felony.
Duration of suspension.
Fines may be imposed.
Insurance education providers—Commissioner’s approval—
Renewal fee.
Insurance education providers—Violations—Costs awarded.
Insurance education providers—Bond.
Termination of agency contract—Effect on insured.
Termination of business relationship with an insurance producer or title insurance agent—Notice—Confidentiality of
information—Immunity from civil liability.
Administrative action taken against a licensee in another jurisdiction or governmental agency—Report to commissioner.
Separation of premium funds.
Severability—2007 c 117.
Effective date—2007 c 117.
Agent on commission not subject to unemployment compensation: RCW
50.04.230.
Binders: RCW 48.18.230.
Illegal inducements: RCW 48.30.150.
Independent agency contract: Chapter 48.18 RCW.
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
Rebating: RCW 48.30.140.
"Twisting" prohibited: RCW 48.30.180.
Unfair practices: Chapter 48.30 RCW.
48.17.005 Rule making. (Effective July 1, 2009.) The
commissioner may adopt rules to implement and administer
this chapter. [2007 c 117 § 35.]
48.17.005
48.17.010 "Agent" defined. (Effective until July 1,
2009.) "Agent" means any person appointed by an insurer to
solicit applications for insurance on its behalf. If authorized
so to do, an agent may effectuate insurance contracts. An
agent may collect premiums on insurances so applied for or
effectuated. [1985 c 264 § 7; 1981 c 339 § 9; 1947 c 79 §
.17.01; Rem. Supp. 1947 § 45.17.01.]
48.17.010
48.17.010 Definitions. (Effective July 1, 2009.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Adjuster" means any person who, for compensation
as an independent contractor or as an employee of an independent contractor, or for fee or commission, investigates or
reports to the adjuster’s principal relative to claims arising
under insurance contracts, on behalf solely of either the
insurer or the insured. An attorney-at-law who adjusts insurance losses from time to time incidental to the practice of his
or her profession, or an adjuster of marine losses, or a salaried
employee of an insurer or of a managing general agent, is not
deemed to be an "adjuster" for the purpose of this chapter.
(a) "Independent adjuster" means an adjuster representing the interests of the insurer.
(b) "Public adjuster" means an adjuster employed by and
representing solely the financial interests of the insured
named in the policy.
(2) "Business entity" means a corporation, association,
partnership, limited liability company, limited liability partnership, or other legal entity.
(3) "Home state" means the District of Columbia and any
state or territory of the United States or province of Canada in
which an insurance producer maintains the insurance producer’s principal place of residence or principal place of business, and is licensed to act as an insurance producer.
(4) "Insurance education provider" means any insurer,
health care service contractor, health maintenance organization, professional association, educational institution created
by Washington statutes, or vocational school licensed under
Title 28C RCW, or independent contractor to which the commissioner has granted authority to conduct and certify completion of a course satisfying the insurance education requirements of RCW 48.17.150.
(5) "Insurance producer" means a person required to be
licensed under the laws of this state to sell, solicit, or negotiate insurance. "Insurance producer" does not include title
insurance agent as defined in subsection (15) of this section.
(6) "Insurer" has the same meaning as in RCW
48.01.050, and includes a health care service contractor as
defined in RCW 48.44.010 and a health maintenance organization as defined in RCW 48.46.020.
(7) "License" means a document issued by the commissioner authorizing a person to act as an insurance producer or
48.17.010
(2008 Ed.)
48.17.030
title insurance agent for the lines of authority specified in the
document. The license itself does not create any authority,
actual, apparent, or inherent, in the holder to represent or
commit to an insurer.
(8) "Limited line credit insurance" includes credit life,
credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty,
mortgage disability, automobile dealer gap insurance, and
any other form of insurance offered in connection with an
extension of credit that is limited to partially or wholly extinguishing the credit obligation that the commissioner determines should be designated a form of limited line credit
insurance.
(9) "NAIC" means national association of insurance
commissioners.
(10) "Negotiate" means the act of conferring directly
with, or offering advice directly to, a purchaser or prospective
purchaser of a particular contract of insurance concerning
any of the substantive benefits, terms, or conditions of the
contract, provided that the person engaged in that act either
sells insurance or obtains insurance from insurers for purchasers.
(11) "Person" means an individual or a business entity.
(12) "Sell" means to exchange a contract of insurance by
any means, for money or its equivalent, on behalf of an
insurer.
(13) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular insurer.
(14) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of an insurance producer’s authority to transact
insurance.
(15) "Title insurance agent" means a business entity
licensed under the laws of this state and appointed by an
authorized title insurance company to sell, solicit, or negotiate insurance on behalf of the title insurance company.
(16) "Uniform business entity application" means the
current version of the NAIC uniform application for business
entity insurance license or registration for resident and nonresident business entities.
(17) "Uniform application" means the current version of
the NAIC uniform application for individual insurance producers for resident and nonresident insurance producer
licensing. [2007 c 117 § 1; 1985 c 264 § 7; 1981 c 339 § 9;
1947 c 79 § .17.01; Rem. Supp. 1947 § 45.17.01.]
48.17.020 "Broker" defined. (Effective until July 1,
2009.) "Broker" means any person who, on behalf of the
insured, for compensation as an independent contractor, for
commission, or fee, and not being an agent of the insurer,
solicits, negotiates, or procures insurance or reinsurance or
the renewal or continuance thereof, or in any manner aids
therein, for insureds or prospective insureds other than himself. [1947 c 79 § .17.02; Rem. Supp. 1947 § 45.17.02.]
48.17.020
48.17.030 "Solicitor" defined. (Effective until July 1,
2009.) "Solicitor" means an individual authorized by an
agent or broker to solicit applications for insurance as a representative of such agent or broker and to collect premiums in
48.17.030
[Title 48 RCW—page 85]
48.17.040
Title 48 RCW: Insurance
connection therewith. An individual employed by, and devoting full time to clerical work with incidental taking of insurance applications and receiving premiums in the office of the
agent or broker is not deemed to be a solicitor if his compensation is not related to the volume of such applications, insurances, or premiums. [1947 c 79 § .17.03; Rem. Supp. 1947 §
45.17.03.]
48.17.040 Service representatives. (Effective until
July 1, 2009.) Individuals other than an officer, manager, or
general agent of the insurer, employed on salary by an insurer
or general agent to work with and assist agents in soliciting,
negotiating, and effectuating insurance in such insurer or in
the insurers represented by the general agent, are deemed to
be service representatives and are not required to be licensed.
[1947 c 79 § .17.04; Rem. Supp. 1947 § 45.17.04.]
48.17.040
48.17.050 "Adjuster" defined. (Effective until July 1,
2009.) (1) "Adjuster" means any person who, for compensation as an independent contractor or as an employee of an
independent contractor, or for fee or commission, investigates or reports to his principal relative to claims arising
under insurance contracts, on behalf solely of either the
insurer or the insured. An attorney-at-law who adjusts insurance losses from time to time incidental to the practice of his
profession, or an adjuster of marine losses, or a salaried
employee of an insurer or of a general agent, is not deemed to
be an "adjuster" for the purposes of this chapter.
(2) "Independent adjuster" means such an adjuster representing the interests of the insurer.
(3) "Public adjuster" means an adjuster employed by and
representing solely the financial interests of the insured
named in the policy. [1947 c 79 § .17.05; Rem. Supp. 1947 §
45.17.05.]
48.17.050
48.17.055 "Insurance education provider" defined.
(Effective until July 1, 2009.) "Insurance education provider" means any insurer, health care service contractor,
health maintenance organization, professional association,
educational institution created by Washington statutes, or
vocational school licensed under Title 28C RCW or independent contractor to which the commissioner has granted
authority to conduct and certify completion of a course satisfying the insurance education requirements of RCW
48.17.150. [1989 c 323 § 2.]
48.17.055
Effective date—1989 c 323: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 323 § 8.]
48.17.060 License required—Exceptions. (Effective
until July 1, 2009.) (1) A person may not act as or hold himself or herself out to be an agent, broker, solicitor, or adjuster
in this state unless licensed by the commissioner.
(2) An agent, solicitor, or broker may not solicit or take
applications for, procure, or place for others any kind of
insurance for which he or she is not then licensed.
(3) This section does not apply with respect to any person securing and forwarding information required for the
purposes of group credit life and credit disability insurance or
credit casualty insurance against loss or damage resulting
48.17.060
[Title 48 RCW—page 86]
from failure of debtors to pay their obligations in connection
with an extension of credit and such other credit life and disability insurance or credit casualty insurance against loss or
damage resulting from failure of debtors to pay their obligations as the commissioner shall determine, and where no
commission or other compensation is payable on account of
the securing and forwarding of such information. However,
the reimbursement of a creditor’s actual expenses for securing and forwarding information required for the purposes of
such group insurance will not be considered a commission or
other compensation if such reimbursement does not exceed
three dollars per certificate issued, or in the case of a monthly
premium plan extending beyond twelve months, not to
exceed three dollars per loan transaction revision per year.
[2003 c 250 § 4; 1995 c 214 § 1; 1975 1st ex.s. c 266 § 7;
1955 c 303 § 9; 1947 c 79 § .17.06; Rem. Supp. 1947 §
45.17.06.]
Severability—2003 c 250: See note following RCW 48.01.080.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.060 License required. (Effective July 1, 2009.)
A person shall not sell, solicit, or negotiate insurance in this
state for any line or lines of insurance unless the person is
licensed for that line of authority in accordance with this
chapter. [2007 c 117 § 2; 2003 c 250 § 4; 1995 c 214 § 1;
1975 1st ex.s. c 266 § 7; 1955 c 303 § 9; 1947 c 79 § .17.06;
Rem. Supp. 1947 § 45.17.06.]
48.17.060
Severability—2003 c 250: See note following RCW 48.01.080.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.062 Insurance producer license not required
under chapter 117, Laws of 2007. (Effective July 1, 2009.)
(1) Nothing in chapter 117, Laws of 2007 shall be construed
to require an insurer to obtain an insurance producer license.
In this section, the term "insurer" does not include an
insurer’s officers, directors, employees, subsidiaries, or affiliates.
(2) A license as an insurance producer is not required of
the following:
(a) An officer, director, or employee of an insurer or of
an insurance producer, provided that the officer, director, or
employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this state, and:
(i) The officer, director, or employee’s activities are
executive, administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance; or
(ii) The officer, director, or employee’s function relates
to underwriting, loss control, inspection, or the processing,
adjusting, investigating, or settling of a claim on a contract of
insurance; or
(iii) The officer, director, or employee is acting in the
capacity of a special agent or agency supervisor assisting
insurance producers where the person’s activities are limited
to providing technical advice and assistance to licensed insurance producers, and do not include the sale, solicitation, or
negotiation of insurance;
48.17.062
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
(b) A person who secures and furnishes information for
the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and
disability insurance; or for the purpose of enrolling individuals under plans; or issuing certificates under plans or otherwise assisting in administering plans; or performs administrative services related to mass marketed property and casualty
insurance; where no commission is paid to the person for the
service;
(c) An employer or association or its officers, directors,
employees, or the trustees of an employee trust plan, to the
extent that the employers, officers, employees, director, or
trustees are engaged in the administration or operation of a
program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or
affiliates, which program involves the use of insurance issued
by an insurer, as long as the employers, associations, officers,
directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the
contracts;
(d) Employees of insurers or organizations employed by
insurers who are engaging in the inspection, rating, or classification of risks, or in the supervision of the training of insurance producers, and who are not individually engaged in the
sale, solicitation, or negotiation of insurance;
(e) A person whose activities in this state are limited to
advertising without the intent to solicit insurance in this state
through communication in printed publications or other
forms of electronic mass media whose distribution is not limited to residents of the state, provided that the person does not
sell, solicit, or negotiate insurance that would insure risks
residing, located, or to be performed in this state;
(f) A person who is not a resident of this state who sells,
solicits, or negotiates a contract of insurance for commercial
property and casualty risks to an insured with risks located in
more than one state insured under that contract, provided that
the person is otherwise licensed as an insurance producer to
sell, solicit, or negotiate the insurance in the state where the
insured maintains its principal place of business and the contract of insurance insures risks located in that state;
(g) A salaried full-time employee who counsels or
advises his or her employer relative to the insurance interests
of the employer or of the subsidiaries or business affiliates of
the employer, provided that the employee does not sell or
solicit insurance or receive a commission; or
(h) Any person securing and forwarding information
required for the purposes of group credit life and credit disability insurance or credit casualty insurance against loss or
damage resulting from failure of debtors to pay their obligations in connection with an extension of credit and such other
credit life and disability insurance or credit casualty insurance against loss or damage resulting from failure of debtors
to pay their obligations as the commissioner shall determine,
and where no commission or other compensation is payable
on account of the securing and forwarding of such information. However, the reimbursement of a creditor’s actual
expenses for securing and forwarding information required
for the purposes of such group insurance will not be considered a commission or other compensation if such reimbursement does not exceed three dollars per certificate issued, or in
the case of a monthly premium plan extending beyond twelve
(2008 Ed.)
48.17.063
months, not to exceed three dollars per loan transaction revision per year. [2007 c 117 § 3.]
48.17.063 Unlicensed activities—Acts committed in
this state—Sanctions. (Effective until July 1, 2009.) (1) As
used in this section, "person" has the same meaning as in
RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves an insurance contract, health care
services contract, or health maintenance agreement.
(3) Any person who knowingly violates RCW
48.17.060(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any person who knowingly violates RCW
48.17.060(2) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(5) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(6)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.17.060 (1) or
(2), the commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 5.]
48.17.063
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.063 Unlicensed activities—Acts committed in
this state—Sanctions. (Effective July 1, 2009.) (1) For the
purpose of this section, an act is committed in this state if it is
committed, in whole or in part, in the state of Washington, or
affects persons or property within the state and relates to or
involves an insurance contract, health care services contract,
or health maintenance agreement.
(2) Any person who knowingly violates RCW 48.17.060
is guilty of a class B felony punishable under chapter 9A.20
RCW.
(3) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(4)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.17.060, the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
48.17.063
[Title 48 RCW—page 87]
48.17.065
Title 48 RCW: Insurance
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2007 c 117 § 4;
2003 c 250 § 5.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.065 Application of chapter to health care service contractors and health maintenance organizations.
(Effective until July 1, 2009.) The provisions of this chapter
shall apply to agents of health care service contractors and
health maintenance organizations. [1983 c 202 § 7.]
48.17.065
48.17.065 Application of chapter to insurance producers appointed by health care service contractors,
health maintenance organizations, or both. (Effective
July 1, 2009.) The provisions of this chapter shall apply to
insurance producers appointed by either health care service
contractors or health maintenance organizations, or both.
[2007 c 117 § 5; 1983 c 202 § 7.]
48.17.065
48.17.067 Determining whether authorization
exists—Burden on solicitor, agent, or broker. (Effective
until July 1, 2009.) Any solicitor, agent, or broker soliciting,
negotiating, or procuring an application for insurance or
health care services in this state must make a good faith effort
to determine whether the entity that is issuing the coverage is:
(1) Authorized to transact insurance or health coverage
in this state; or
(2) Conducting business through a surplus lines broker
licensed under chapter 48.15 RCW. [2003 c 250 § 6.]
48.17.067
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.067 Determining whether authorization
exists—Burden on insurance producer or title insurance
agent. (Effective July 1, 2009.) Any insurance producer or
title insurance agent soliciting, negotiating, or procuring an
application for insurance or health care services in this state
must make a good faith effort to determine whether the entity
that is issuing the coverage is:
(1) Authorized to transact insurance or health coverage
in this state; or
(2) Conducting business through a surplus line broker
licensed under chapter 48.15 RCW. [2007 c 117 § 6; 2003 c
250 § 6.]
48.17.067
Severability—2003 c 250: See note following RCW 48.01.080.
48.17.070 General qualifications for license. (Effective until July 1, 2009.) For the protection of the people of
this state the commissioner shall not issue or renew any such
license except in compliance with this chapter, nor to, nor to
be exercised by, any person found by him to be untrustworthy, or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in
accordance with this chapter. [1947 c 79 § .17.07; Rem.
Supp. 1947 § 45.17.07.]
48.17.070
[Title 48 RCW—page 88]
48.17.090 Application for license. (Effective until
July 1, 2009.) (1) Application for a license to be an agent,
broker, solicitor, or adjuster shall be made to the commissioner upon forms furnished by the commissioner. As a part
of or in connection with any such application, the applicant
shall furnish information concerning his or her identity,
including fingerprints for submission to the Washington state
patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information
for a state and national criminal history background check,
personal history, experience, business record, purposes, and
other pertinent facts, as the commissioner may reasonably
require.
(2) Persons resident in the United States but not in Washington may apply for such a license on a form prepared by the
national association of insurance commissioners or others, if
those forms are approved by the commissioner by rule. An
applicant shall also furnish any other information required to
be submitted but not provided for in that form.
(3) Any person willfully misrepresenting any fact
required to be disclosed in any such application shall be liable
to penalties as provided by this code.
(4) If in the process of verifying fingerprints under subsection (1) of this section, business records, or other information the commissioner’s office incurs fees or charges from
another governmental agency or from a business firm, the
amount of such fees or charges shall be paid to the commissioner’s office by the applicant. [2002 c 227 § 2; 2001 c 56 §
1; 1982 c 181 § 6; 1981 c 339 § 10; 1967 c 150 § 15; 1947 c
79 § .17.09; Rem. Supp. 1947 § 45.17.09.]
48.17.090
Effective date—2002 c 227: See note following RCW 48.06.040.
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.090 Application for license—Commissioner’s
findings. (Effective July 1, 2009.) (1) A person applying for
a resident insurance producer license shall make application
to the commissioner on the uniform application and declare
under penalty of refusal, suspension, or revocation of the
license that the statements made in the application are true,
correct, and complete to the best of the individual’s knowledge and belief. As a part of or in connection with the application, the applicant shall furnish information concerning the
applicant’s identity, including fingerprints for submission to
the Washington state patrol, the federal bureau of investigation, and any governmental agency or entity authorized to
receive this information for a state and national criminal history background check. If, in the process of verifying fingerprints, business records, or other information, the commissioner’s office incurs fees or charges from another governmental agency or from a business firm, the amount of the fees
or charges shall be paid to the commissioner’s office by the
applicant.
(2) Before approving the application, the commissioner
shall find that the individual:
(a) Is at least eighteen years of age;
(b) Has not committed any act that is a ground for denial,
suspension, or revocation set forth in RCW 48.17.530;
(c) Has completed a prelicensing course of study for the
lines of authority for which the person has applied;
(d) Has paid the fees set forth in RCW 48.14.010; and
48.17.090
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
(e) Has successfully passed the examinations for the
lines of authority for which the person has applied.
(3) A business entity acting as an insurance producer is
required to obtain an insurance producer license. Application
shall be made using the uniform business entity application.
Before approving the application, the commissioner shall
find that:
(a) The business entity has paid the fees set forth in RCW
48.14.010; and
(b) The business entity has designated a licensed insurance producer responsible for the business entity’s compliance with the insurance laws and rules of this state.
(4) A business entity acting as a title insurance agent is
required to obtain a title insurance agent license. Application
shall be made to the commissioner on the uniform business
entity application, and the individual signing the application
shall declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application
are true, correct, and complete to the best of the individual’s
knowledge and belief. Before approving the application, the
commissioner shall find that the business entity:
(a) Has paid the fees set forth in RCW 48.14.010;
(b) Maintains a lawfully established place of business in
this state or holds a corresponding license issued by the state
of its principal place of business, and has complied with the
laws of this state governing the admission of foreign corporations;
(c) Is empowered to be a title agent under a members’
agreement, if a limited liability company, or by its articles of
incorporation;
(d) Is appointed as an agent by one or more authorized
title insurance companies; and
(e) Has complied with RCW 48.29.155 and 48.29.160.
(5) The commissioner may require any documents reasonably necessary to verify the information contained in an
application and may, from time to time, require any licensed
insurance producer, title insurance agent, or adjuster to produce the information called for in an application for license.
[2007 c 117 § 7; 2002 c 227 § 2; 2001 c 56 § 1; 1982 c 181 §
6; 1981 c 339 § 10; 1967 c 150 § 15; 1947 c 79 § .17.09; Rem.
Supp. 1947 § 45.17.09.]
Effective date—2002 c 227: See note following RCW 48.06.040.
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.100 One filing of personal data sufficient.
(Effective until July 1, 2009.) (1) The filing of personal data
by an individual in connection with one application for an
agent’s license shall be sufficient, regardless of the number of
insurers to be represented by the agent or the number of subsequent applications by the same applicant.
(2) The commissioner may, for his information from
time to time require any licensed agent, or solicitor, or broker, or adjuster, to supply him with the information called for
in an application for license. [1947 c 79 § .17.10; Rem. Supp.
1947 § 45.17.10.]
48.17.100
48.17.110 Examination of applicants. (Effective until
July 1, 2009.) (1) Each applicant for license as an agent, broker, solicitor, or adjuster shall, prior to the issuance of any
such license, personally take and pass to the satisfaction of
48.17.110
(2008 Ed.)
48.17.110
the examining authority, an examination given as a test of
that person’s qualifications and competence, but this requirement shall not apply to:
(a) Applicants for limited licenses under RCW
48.17.190, at the discretion of the commissioner.
(b) Applicants who within the two year period next preceding date of application have been licensed as a resident in
this state under a license requiring qualifications similar to
qualifications required by the license applied for or who have
successfully completed a course of study recognized as a
mark of distinction by the insurance industry and who are
deemed by the commissioner to be fully qualified and competent.
(c) Applicants for license as a nonresident agent or as a
nonresident broker or as a nonresident adjuster who are duly
licensed in their state of residence and who are deemed by the
commissioner to be fully qualified and competent for a similar license in this state.
(d) Applicants for an agent’s or solicitor’s license covering the same kinds of insurance as an agent’s or solicitor’s
license then held by them.
(e) Applicants for an adjuster’s license who for a period
of one year, a portion of which was in the year next preceding
the date of application, have been a full time salaried
employee of an insurer or of a general agent to adjust, investigate, or report claims arising under insurance contracts.
(2) Any person licensed as an insurance broker by this
state prior to June 8, 1967, who is otherwise qualified to be a
licensed insurance broker, shall be entitled to renew that person’s broker’s license by payment of the applicable fee for
such of the broker’s licenses authorized by RCW 48.17.240,
as that person shall elect, without taking any additional examination, except as provided in subsection (3).
(3) The commissioner may at any time require any
licensed agent, broker, solicitor, or adjuster to take and successfully pass an examination testing the licensee’s competence and qualifications as a condition to the continuance or
renewal of a license, if the licensee has been guilty of violation of this code, or has so conducted affairs under an insurance license as to cause the commissioner reasonably to
desire further evidence of the licensee’s qualifications. [1990
1st ex.s. c 3 § 2; 1977 ex.s. c 182 § 3; 1967 c 150 § 16; 1965
ex.s. c 70 § 19; 1963 c 195 § 17; 1955 c 303 § 10; 1949 c 190
§ 23; 1947 c 79 § .17.11; Rem. Supp. 1949 § 45.17.11.]
48.17.110 Examination of applicants—Exemptions.
(Effective July 1, 2009.) (1) A resident individual applying
for an insurance producer or adjuster license shall pass a written examination unless exempt under this section or RCW
48.17.175. The examination shall test the knowledge of the
individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance
producer or adjuster, and the insurance laws and rules of this
state. Examinations required by this section shall be developed and conducted under the rules prescribed by the commissioner. The commissioner shall prepare, or approve, and
make available a manual specifying in general terms the subjects which may be covered in any examination for a particular license.
(2) The following are exempt from the examination
requirement:
48.17.110
[Title 48 RCW—page 89]
48.17.120
Title 48 RCW: Insurance
(a) Applicants for licenses under RCW 48.17.170(1) (g),
(h), and (i), at the discretion of the commissioner;
(b) Applicants who within the two-year period next preceding date of application have been licensed as a resident in
this state under a license requiring qualifications similar to
qualifications required by the license applied for, or who
have successfully completed a course of study recognized as
a mark of distinction by the insurance industry, and who are
deemed by the commissioner to be fully qualified and competent;
(c) Applicants for an adjuster’s license who for a period
of one year, a portion of which was in the year next preceding
the date of application, have been a full-time salaried
employee of an insurer or of a managing general agent to
adjust, investigate, or report claims arising under insurance
contracts;
(d) Applicants deemed by the commissioner to be qualified by past experience to deal in ocean marine and related
coverages.
(3) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations.
(4) The commissioner may, at any time, require any
licensed insurance producer or adjuster to take and successfully pass an examination testing the licensee’s competence
and qualifications as a condition to the continuance or
renewal of a license, if the licensee has been guilty of violating this title, or has so conducted affairs under an insurance
license as to cause the commissioner to reasonably desire further evidence of the licensee’s qualifications. [2007 c 117 §
8; 1990 1st ex.s. c 3 § 2; 1977 ex.s. c 182 § 3; 1967 c 150 §
16; 1965 ex.s. c 70 § 19; 1963 c 195 § 17; 1955 c 303 § 10;
1949 c 190 § 23; 1947 c 79 § .17.11; Rem. Supp. 1949 §
45.17.11.]
48.17.120 Scope of examinations. (Effective until
July 1, 2009.) (1) Each such examination shall be of sufficient scope and difficulty to test the applicant’s knowledge
relative to the kinds of insurance which may be dealt with
under the license applied for, and of the duties and responsibilities of, and laws of this state applicable to, such a licensee,
and so as reasonably to assure that a passing score indicates
that the applicant is qualified from the standpoint of knowledge and education.
(2) Examination as to ocean marine and related coverages may be waived by the commissioner as to any applicant
deemed by the commissioner to be qualified by past experience to deal in such insurances.
(3) The commissioner shall prepare, or approve, and
make available to insurers, general agents, brokers, agents,
and applicants a printed manual specifying in general terms
the subjects which may be covered in any examination for a
particular license. [1989 c 323 § 6; 1981 c 111 § 2; 1967 c
150 § 17; 1955 c 303 § 11; 1947 c 79 § .17.12; Rem. Supp.
1947 § 45.17.12.]
48.17.120
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.125 Examination questions—Confidentiality—
Penalties. (Effective until July 1, 2009.) It is unlawful for
any unauthorized person to remove, reproduce, duplicate, or
48.17.125
[Title 48 RCW—page 90]
distribute in any form, any question(s) used by the state of
Washington to determine the qualifications and competence
of insurance agents, brokers, solicitors, or adjusters required
by Title 48 RCW to be licensed. This section shall not prohibit an insurance education provider from creating and using
sample test questions in courses approved pursuant to RCW
48.17.150.
Any person violating this section shall be subject to penalties as provided by RCW 48.01.080 and 48.17.560. [1989
c 323 § 1.]
Effective date—1989 c 323: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 323 § 8.]
48.17.125 Examination questions—Confidentiality—
Penalties. (Effective July 1, 2009.) It is unlawful for any
unauthorized person to remove, reproduce, duplicate, or distribute in any form, any question(s) used by the state of
Washington to determine the qualifications and competence
of insurance producers or adjusters required by Title 48 RCW
to be licensed. This section shall not prohibit an insurance
education provider from creating and using sample test questions in courses approved pursuant to RCW 48.17.150.
Any person violating this section shall be subject to penalties as provided by RCW 48.01.080, 48.17.530, and
48.17.560. [2007 c 117 § 9; 1989 c 323 § 1.]
48.17.125
Effective date—1989 c 323: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 323 § 8.]
48.17.130 Examinations—Form, time of, fee. (Effective until July 1, 2009.) (1) The answers of the applicant to
any such examination shall be written by the applicant under
the examining authority’s supervision, and any such written
examination may be supplemented by oral examination at the
discretion of the examining authority.
(2) Examinations shall be given at such times and places
within this state as the examining authority deems necessary
reasonably to serve the convenience of both the examining
authority and applicants.
(3) The examining authority may require a waiting
period of reasonable duration before giving a new examination to an applicant who has failed to pass a previous similar
examination.
(4) For each examination taken, the commissioner shall
collect in advance the fee provided in RCW 48.14.010. In the
event the commissioner contracts with an independent testing
service for examination development and administration, the
examination fee may be collected directly by such testing service. [1981 c 111 § 3; 1967 c 150 § 18; 1947 c 79 § .17.13;
Rem. Supp. 1947 § 45.17.13.]
48.17.130
48.17.150 Agent’s and broker’s qualifications—Continuing education requirements. (Effective until July 1,
2009.) (1) To qualify for an agent’s or broker’s license, an
applicant must otherwise comply with this code and must:
(a) Be at least eighteen years of age, if an individual;
(b) Be a bona fide resident of and actually reside in this
state, or if a corporation, be other than an insurer and main48.17.150
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
tain a lawfully established place of business in this state,
except as provided in RCW 48.17.330;
(c) Be empowered to be an agent or broker under its
members’ agreement, if a firm, or by its articles of incorporation, if a corporation;
(d) Complete the minimum educational requirements for
the issuance of an agent’s license for the kinds of insurance
specified in RCW 48.17.210 as may be required by regulation issued by the commissioner;
(e) Successfully pass any examination as required under
RCW 48.17.110;
(f) Be a trustworthy person;
(g)(i) If for an agent’s license, be appointed as its agent
by one or more authorized insurers, subject to issuance of the
license;
(ii) The commissioner may by regulation establish
requirements, including notification formats, in addition to or
in lieu of the requirements of (g)(i) of this subsection to allow
an agent to act as a representative of and place insurance with
an insurer without first notifying the commissioner of the
appointment for a period of time up to but not exceeding
thirty days from the date the first insurance application is executed by the agent; and
(h) If for broker’s license, have had at least two years
experience either as an agent, solicitor, adjuster, general
agent, broker, or as an employee of insurers or representatives of insurers, and special education or training of sufficient duration and extent reasonably to satisfy the commissioner that the applicant possesses the competence necessary
to fulfill the responsibilities of broker.
(2) The commissioner shall by regulation establish minimum continuing education requirements for the renewal or
reissuance of a license to an agent or a broker.
(a) The commissioner shall require that continuing education courses will be made available on a statewide basis in
order to ensure that persons residing in all geographical areas
of this state will have a reasonable opportunity to attend such
courses.
(b) The continuing education requirements must be
appropriate to the license for the kinds of insurance specified
in RCW 48.17.210.
(c) The continuing education requirements may be
waived by the commissioner for good cause shown.
(3) If the commissioner finds that the applicant is qualified and that the license fee has been paid, the license shall be
issued. Otherwise, the commissioner shall refuse to issue the
license. [2005 c 223 § 7; 1994 c 131 § 4; 1988 c 248 § 9;
1979 ex.s. c 269 § 7; 1971 ex.s. c 292 § 47; 1967 c 150 § 19;
1961 c 194 § 4; 1947 c 79 § .17.15; Rem. Supp. 1947 §
45.17.15.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.150 Continuing education courses and requirements. (Effective July 1, 2009.) (1) The commissioner shall
require that continuing education courses will be made available on a statewide basis in order to ensure that persons residing in all geographical areas of this state will have a reasonable opportunity to attend such courses.
48.17.150
(2008 Ed.)
48.17.160
(2) The continuing education requirements must be
appropriate to the license for the lines of authority specified
in RCW 48.17.170 or by rule.
(3) The continuing education requirements may be
waived by the commissioner for good cause shown. [2007 c
117 § 10; 2005 c 223 § 7; 1994 c 131 § 4; 1988 c 248 § 9;
1979 ex.s. c 269 § 7; 1971 ex.s. c 292 § 47; 1967 c 150 § 19;
1961 c 194 § 4; 1947 c 79 § .17.15; Rem. Supp. 1947 §
45.17.15.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.153 Agents selling federal flood insurance policies—Training requirements. (1) All Washington state
licensed insurance agents who sell federal flood insurance
policies must comply with the minimum training requirements of section 207 of the flood insurance reform act of
2004, and basic flood education as outlined at 70 C.F.R. Sec.
52117, or such later requirements as are published by the federal emergency management agency.
(2) Licensed insurers shall demonstrate to the commissioner, upon request, that their licensed and appointed agents
who sell federal flood insurance policies have complied with
the minimum federal flood insurance training requirements.
[2006 c 25 § 15.]
48.17.153
48.17.160 Appointment of agents—Revocation—
Expiration—Renewal. (Effective until July 1, 2009.) (1)
Each insurer on appointing an agent in this state shall file
written notice thereof with the commissioner on forms as prescribed and furnished by the commissioner, and shall pay the
filing fee therefor as provided in RCW 48.14.010. The commissioner shall return the appointment of agent form to the
insurer for distribution to the agent. The commissioner may
adopt regulations establishing alternative appointment procedures for individuals within licensed firms, corporations, or
sole proprietorships who are empowered to exercise the
authority conferred by the firm, corporate, or sole proprietorship license.
(2) Each appointment shall be effective until the agent’s
license expires or is revoked, the appointment has expired, or
written notice of termination of the appointment is filed with
the commissioner, whichever occurs first.
(3) When the appointment is revoked by the insurer,
written notice of such revocation shall be given to the agent
and a copy of the notice of revocation shall be mailed to the
commissioner.
(4) Revocation of an appointment by the insurer shall be
deemed to be effective as of the date designated in the notice
as being the effective date if the notice is actually received by
the agent prior to such designated date; otherwise, as of the
earlier of the following dates:
(a) The date such notice of revocation was received by
the agent.
(b) The date such notice, if mailed to the agent at his last
address of record with the insurer, in due course should have
been received by the agent.
(5) Appointments expire if not timely renewed. Each
insurer shall pay the renewal fee set forth for each agent holding an appointment on the renewal date assigned the agents of
48.17.160
[Title 48 RCW—page 91]
48.17.160
Title 48 RCW: Insurance
the insurer by the commissioner. The commissioner, by rule,
shall determine renewal dates. If a staggered system is used,
fees shall be prorated in the conversion to a staggered system.
[1994 c 131 § 5; 1990 1st ex.s. c 3 § 3; 1979 ex.s. c 269 § 2;
1967 c 150 § 20; 1959 c 225 § 6; 1955 c 303 § 13; 1947 c 79
§ .17.16; Rem. Supp. 1947 § 45.17.16.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.160 Appointment of agents—Approval—Termination—Fees. (Effective July 1, 2009.) (1) An insurance
producer or title insurance agent shall not act as an agent of
an insurer unless the insurance producer or title insurance
agent becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is
not required to become appointed.
(2) To appoint an insurance producer or title insurance
agent as its agent, the appointing insurer shall file, in a format
approved by the commissioner, a notice of appointment
within fifteen days from the date the agency contract is executed or when the first insurance application is submitted,
whichever is later.
(3) Upon receipt of the notice of appointment, the commissioner shall verify within a reasonable time, not to exceed
thirty days, that the insurance producer or title insurance
agent is eligible for appointment. If the insurance producer
or title insurance agent is determined to be ineligible for
appointment, the commissioner shall notify the insurer within
ten days of the determination.
(4) An insurer shall pay an appointment fee, in the
amount and method of payment set forth in RCW 48.14.010,
for each insurance producer or title insurance agent appointed
by the insurer.
(5) Contingent upon payment of the appointment
renewal fee as set forth in RCW 48.14.010, an appointment
shall be effective until terminated by the insurance company,
insurance producer, or title insurance agent and notice has
been given to the commissioner as required by RCW
48.17.595. [2007 c 117 § 11; 1994 c 131 § 5; 1990 1st ex.s.
c 3 § 3; 1979 ex.s. c 269 § 2; 1967 c 150 § 20; 1959 c 225 §
6; 1955 c 303 § 13; 1947 c 79 § .17.16; Rem. Supp. 1947 §
45.17.16.]
48.17.160
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.170 Form and content of licenses. (Effective
until July 1, 2009.) Agents’, solicitors’, adjusters’ and brokers’ licenses shall be in the form and contain the essential
information prescribed by the commissioner. [1979 ex.s. c
269 § 3; 1947 c 79 § .17.17; Rem. Supp. 1947 § 45.17.17.]
48.17.170
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.170 Insurance producers’, title insurance
agents’, and adjusters’ licenses—Authorized lines of
authority—Definitions—Form and content of licenses.
(Effective July 1, 2009.) (1) Unless denied licensure under
RCW 48.17.530, persons who have met the requirements of
RCW 48.17.090 and 48.17.110 shall be issued an insurance
producer license. An insurance producer may receive a
license in one or more of the following lines of authority:
48.17.170
[Title 48 RCW—page 92]
(a) "Life," which is insurance coverage on human lives,
including benefits of endowment and annuities, and may
include benefits in the event of death or dismemberment by
accident and benefits for disability income;
(b) "Disability," which is insurance coverage for accident, health, and disability or sickness, bodily injury, or accidental death, and may include benefits for disability income;
(c) "Property," which is insurance coverage for the direct
or consequential loss or damage to property of every kind;
(d) "Casualty," which is insurance coverage against legal
liability, including that for death, injury, or disability or damage to real or personal property;
(e) "Variable life and variable annuity products," which
is insurance coverage provided under variable life insurance
contracts, variable annuities, or any other life insurance or
annuity product that reflects the investment experience of a
separate account;
(f) "Personal lines," which is property and casualty
insurance coverage sold to individuals and families for primarily noncommercial purposes;
(g) Limited lines:
(i) Surety;
(ii) Limited line credit insurance;
(iii) Travel;
(h) Specialty lines:
(i) Communications equipment or services;
(ii) Rental car; or
(i) Any other line of insurance permitted under state laws
or rules.
(2) Unless denied licensure under RCW 48.17.530, persons who have met the requirements of RCW 48.17.090(4)
shall be issued a title insurance agent license.
(3) All insurance producers’, title insurance agents’, and
adjusters’ licenses issued by the commissioner shall be valid
for the time period established by the commissioner unless
suspended or revoked at an earlier date.
(4) Subject to the right of the commissioner to suspend,
revoke, or refuse to renew any insurance producer’s, title
insurance agent’s, or adjuster’s license as provided in this
title, the license may be renewed into another like period by
filing with the commissioner by any means acceptable to the
commissioner on or before the expiration date a request, by
or on behalf of the licensee, for such renewal accompanied by
payment of the renewal fee as specified in RCW 48.14.010.
(5) If the request and fee for renewal of an insurance producer’s, title insurance agent’s, or adjuster’s license is filed
with the commissioner prior to expiration of the existing
license, the licensee may continue to act under such license,
unless sooner revoked or suspended, until the issuance of a
renewal license, or until the expiration of fifteen days after
the commissioner has refused to renew the license and has
mailed order of such refusal to the licensee. Any request for
renewal not so filed until after date of expiration may be considered by the commissioner as an application for a new
license.
(6) For all licenses, if request for renewal of an insurance
producer’s, title insurance agent’s, or adjuster’s license or
payment of the fee is not received by the commissioner prior
to the expiration date as required under subsection (4) of this
section, the insurer or applicant for renewal shall pay to the
commissioner and the commissioner shall collect, in addition
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
to the regular fee, a surcharge as follows: For the first thirty
days or part thereof of delinquency the surcharge is fifty percent of the fee; for all delinquencies extending more than
thirty days, the surcharge is one hundred percent of the fee. A
surcharge of two hundred percent of the renewal fee is
required for any delinquency extending more than sixty days
after the expiration date. This subsection shall not exempt
any person from any penalty provided by law for transacting
business without a valid and subsisting license or appointment, or affect the commissioner’s right, at his or her discretion, to consider such delinquent application as one for a new
license or appointment.
(7) An individual insurance producer, title insurance
agent, or adjuster who allows his or her license to lapse may,
within twelve months after the expiration date, reinstate the
same license without the necessity of passing a written examination.
(8) A licensed insurance producer who is unable to comply with license renewal procedures due to military service or
some other extenuating circumstance such as a long-term
medical disability, may request a waiver of those procedures.
The producer may also request a waiver of any examination
requirement or any other fine or sanction imposed for failure
to comply with renewal procedures.
(9) The license shall contain the licensee’s name,
address, personal identification number, and the date of issuance, lines of authority, expiration date, and any other information the commissioner deems necessary.
(10) Licensees shall inform the commissioner by any
means acceptable to the commissioner of a change of address
within thirty days of the change. Failure to timely inform the
commissioner of a change in legal name or address may
result in a penalty under either RCW 48.17.530 or 48.17.560,
or both. [2007 c 117 § 12; 1979 ex.s. c 269 § 3; 1947 c 79 §
.17.17; Rem. Supp. 1947 § 45.17.17.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.173 Nonresident license request—Conditions
for approval—Service of legal process. (Effective July 1,
2009.) (1) Unless denied licensure under RCW 48.17.530, a
nonresident person shall receive a nonresident producer
license for the line or lines of authority under RCW
48.17.170 which is substantially equivalent to the line or
lines of authority granted to the nonresident person in the person’s home state if:
(a) The person is currently licensed as a resident and in
good standing in the person’s home state;
(b) The person has submitted the proper request for
licensure and has paid the fees required by RCW 48.14.010;
(c) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person’s home state, or in lieu, a completed uniform application;
(d) The person’s home state awards nonresident producer licenses to residents of this state on the same basis; and
(e) The person, as part of the request for licensure, has
furnished information concerning the person’s identity,
including fingerprints for submission to the Washington state
patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information
48.17.173
(2008 Ed.)
48.17.173
for a state and national criminal history background check.
If, in the process of verifying fingerprints, business records,
or other information, the commissioner’s office incurs fees or
charges from another governmental agency or from a business firm, the amount of the fees or charges shall be paid to
the commissioner’s office by the applicant.
(2) The commissioner shall waive any license application requirements for a nonresident license applicant with a
valid license from the applicant’s home state, except the
requirements imposed by this section, if the applicant’s home
state awards nonresident licenses to residents of this state on
the same basis.
(3) A nonresident insurance producer’s satisfaction of
the nonresident insurance producer’s home state’s continuing
education requirements for licensed insurance producers
shall constitute satisfaction of this state’s continuing education requirements if the nonresident producer’s home state
recognizes the satisfaction of its continuing education
requirements imposed upon producers from this state on the
same basis.
(4) The commissioner shall waive the requirement for
providing fingerprints for submission to the Washington state
patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information
for a state and national criminal history background check, if
the person possesses a valid insurance producer’s or surplus
line broker’s license from the person’s home state and the
person’s home state requires submission of information concerning a person’s identity, including fingerprints for the
licensure of its resident insurance producers or surplus line
brokers, respectively.
(5) The commissioner may verify the producer’s licensing status through the producer database maintained by the
NAIC, its affiliates, or subsidiaries.
(6) A nonresident producer who moves from one state to
another state or a resident producer who moves from this
state to another state shall file a change of address and provide certification from the new resident state within thirty
days of the change of legal residence. No fee or license application is required.
(7) A person licensed as a surplus lines producer in the
person’s home state and complying with the requirements of
subsection (1) of this section and chapter 48.15 RCW shall
receive a nonresident surplus line broker license under subsection (1) of this section.
(8) A person licensed as a limited line credit insurance or
other type of limited lines producer in the person’s home state
and who complies with the requirements of subsection (1) of
this section shall receive a nonresident limited lines producer
license, under subsection (1) of this section, granting the
same scope of authority as granted under the license issued
by the producer’s home state. For the purpose of this subsection, limited line insurance is any authority granted by the
home state which restricts the authority of the license to the
lines set out in RCW 48.17.170(1)(g).
(9) Each licensed nonresident insurance producer or title
insurance agent shall appoint the commissioner as the insurance producer’s or title insurance agent’s attorney to receive
service of legal process issued against the insurance producer
or title insurance agent in this state upon causes of action arising within this state. Service upon the commissioner as attor[Title 48 RCW—page 93]
48.17.175
Title 48 RCW: Insurance
ney shall constitute effective legal service upon the insurance
producer or title insurance agent.
(a) The appointment shall be irrevocable for as long as
there could be any cause of action against the insurance producer or title insurance agent arising out of the insurance producer’s or title insurance agent’s insurance transactions in
this state.
(b) Duplicate copies of such legal process against such
insurance producer or title insurance agent shall be served
upon the commissioner either by a person competent to serve
a summons, or through registered mail. At the time of such
service the plaintiff shall pay to the commissioner ten dollars,
taxable as costs in the action.
(c) Upon receiving such service, the commissioner shall
forthwith send one of the copies of the process, by registered
mail with return receipt requested, to the defendant insurance
producer or title insurance agent at the insurance producer’s
or title insurance agent’s last address of record with the commissioner.
(d) The commissioner shall keep a record of the day and
hour of service upon the commissioner of all such legal process. No proceedings shall be had against the defendant
insurance producer or title insurance agent, and the defendant
shall not be required to appear, plead, or answer until the
expiration of forty days after the date of service upon the
commissioner. [2007 c 117 § 13.]
(2) Licenses shall be issued in a trade name only upon
proof satisfactory to the commissioner that the trade name
has been lawfully registered.
(3) For the purpose of this section, a firm shall include a
duly licensed individual acting as a sole proprietorship having associated licensees authorized to act on the proprietor’s
behalf in the proprietor’s business or trade name. [1990 1st
ex.s. c 3 § 4; 1979 ex.s. c 269 § 4; 1947 c 79 § .17.18; Rem.
Supp. 1947 § 45.17.18.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
Title insurance agents, separate licenses for individuals not required: RCW
48.29.170.
48.17.180 Doing business under any name other than
legal name. (Effective July 1, 2009.) An insurance producer
or title insurance agent doing business under any name other
than the insurance producer’s or title insurance agent’s legal
name is required to register the name in accordance with
chapter 19.80 RCW and notify the commissioner before
using the assumed name. [2007 c 117 § 15; 1990 1st ex.s. c
3 § 4; 1979 ex.s. c 269 § 4; 1947 c 79 § .17.18; Rem. Supp.
1947 § 45.17.18.]
48.17.180
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
Title insurance agents, separate licenses for individuals not required: RCW
48.29.170.
48.17.190 Limited licenses. (Effective until July 1,
2009.) The commissioner may issue limited licenses to the
following:
(1) Persons selling transportation tickets of a common
carrier of persons or property who shall act as such agents
only as to transportation ticket policies of disability insurance
or baggage insurance on personal effects.
(2) Compensated master policyholders of credit life and
credit accident and health insurance and credit casualty insurance against loss or damage resulting from failure of debtors
to pay their obligations, retail dealers compensated by any
such master policyholders, or the authorized representative(s)
of either.
(3) Persons selling special or unique policies of insurance covering goods sold or leased from a primary business
or activity other than the transaction of insurance or covering
collateral securing loans from a primary business or activity
other than the transaction of insurance if, in the commissioner’s discretion, such limited license would safeguard and
promote the public interest. [1995 c 214 § 2; 1979 c 138 § 1;
1967 c 150 § 21; 1947 c 79 § .17.19; Rem. Supp. 1947 §
45.17.19.]
48.17.190
48.17.175
48.17.175 In-state applicant has license in another
state. (Effective July 1, 2009.) (1) An individual who
applies for an insurance producer license in this state who
was previously licensed for the same lines of authority in
another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the
application is received within ninety days of the cancellation
of the applicant’s previous license, and if the prior state
issues a certification that, at the time of cancellation, the
applicant was in good standing in that state or the state’s producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicate that the producer is or was
licensed in good standing for the line of authority requested.
(2) A person licensed as an insurance producer in
another state who moves to this state shall make application
within ninety days of establishing legal residence to become
a resident licensee under RCW 48.17.090. No prelicensing
education or examination shall be required of that person to
obtain any line of authority previously held in the prior state
except where the commissioner determines otherwise by
rule. [2007 c 117 § 14.]
48.17.200 One license required by agent. (Effective
until July 1, 2009.) An agent is required to have but one
license regardless of the number of appointments by insurers
the agent may have. [1979 ex.s. c 269 § 5; 1955 c 303 § 14;
1947 c 79 § .17.20; Rem. Supp. 1947 § 45.17.20.]
48.17.200
48.17.180
48.17.180 Licenses to firms and corporations. (Effective until July 1, 2009.) (1) A firm or corporation may be
licensed as an agent, adjuster, or broker if each individual
empowered to exercise the authority conferred by the corporate or firm license is also licensed. Exercise or attempted
exercise of the powers of the firm or corporation by an unlicensed person, with the knowledge or consent of the firm or
corporation, shall constitute cause for the revocation or suspension of the license.
[Title 48 RCW—page 94]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.210 Minimum license combinations. (Effective
until July 1, 2009.) Except as provided in RCW 48.17.190,
48.17.210
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
an agent’s license shall not be issued unless it includes, and
the applicant is qualified for, one or more of the following
kinds of insurance:
(1) Casualty.
(2) Disability.
(3) Life.
(4) Marine and transportation.
(5) Property.
(6) Surety.
(7) Vehicle. [1947 c 79 § .17.21; Rem. Supp. 1947 §
45.17.21.]
48.17.230 Agent placing rejected business. (Effective
until July 1, 2009.) A licensed agent appointed by an insurer
as to life or disability insurances may, if with the knowledge
and consent of such insurer, place any portion of a life or disability risk which has been rejected by such insurer, with
other authorized insurers without being licensed as to such
other insurers. Any agent so placing rejected business
becomes the agent for the company issuing the insurance
with respect to that business just as if it had appointed such
person as its agent. [1988 c 248 § 10; 1947 c 79 § .17.23;
Rem. Supp. 1947 § 45.17.23.]
48.17.230
48.17.240 Scope of broker’s license. (Effective until
July 1, 2009.) A broker’s license may be issued to cover the
following lines of insurance:
(a) All lines of insurance; or
(b) All lines except life, which shall be designated as a
casualty-property broker’s license; or
(c) Life and disability only. [1967 c 150 § 22; 1947 c 79
§ .17.24; Rem. Supp. 1947 § 45.17.24.]
48.17.240
48.17.250 Broker’s bond. (Effective until July 1,
2009.) (1) Every applicant for a broker’s license or for the
renewal of a broker’s license existing on the effective date of
this code shall file with the application or request for renewal
and shall thereafter maintain in force while so licensed a bond
in favor of the people of the state of Washington, executed by
an authorized corporate surety approved by the commissioner, in the amount of twenty thousand dollars. If the applicant is a firm or corporation, the bond shall be in the amount
of twenty thousand dollars plus five thousand dollars for the
second and five thousand dollars for each additional individual empowered and designated in the license to exercise the
powers conferred thereby. The bond may be continuous in
form, and total aggregate liability on the bond may be limited
to the required amount of the bond. The bond shall be contingent on the accounting by the broker to any person requesting
the broker to obtain insurance, for moneys or premiums collected in connection therewith.
(2) Any such bond shall remain in force until the surety
is released from liability by the commissioner, or until the
bond is canceled by the surety. Without prejudice to any liability accrued prior to such cancellation, the surety may cancel the bond upon thirty days advance notice in writing filed
with the commissioner. [1979 ex.s. c 269 § 8; 1977 ex.s. c
182 § 4; 1947 c 79 § .17.25; Rem. Supp. 1947 § 45.17.25.]
48.17.250
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
(2008 Ed.)
48.17.260
48.17.250 Insurance producer’s bond. (Effective July
1, 2009.) (1) Every insurance producer licensed under this
chapter on or after July 1, 2009, who places insurance either
directly or indirectly with an insurer with which the insurance
producer is not appointed as an agent must maintain in force
while so licensed a bond in favor of the people of the state of
Washington or a named insured such that the people of
Washington are covered by the bond, executed by an authorized corporate surety approved by the commissioner, in the
amount of two thousand five hundred dollars, or five percent
of the premiums brokered in the previous calendar year,
whichever is greater, but not to exceed one hundred thousand
dollars total aggregate liability. The bond may be continuous
in form, and total aggregate liability on the bond may be limited to the required amount of the bond. The bond shall be
contingent on the accounting by the insurance producer to
any person requesting the insurance producer to obtain insurance, for moneys or premiums collected in connection therewith.
(2) Authorized insurance producers of a business entity
may meet the requirements of this section with a bond in the
name of the business entity, continuous in form, and in the
amounts set forth in subsection (1) of this section. Insurance
producers may meet the requirements of this section with a
bond in the name of an association. The association must
have been in existence for five years, have common membership, and have been formed for a purpose other than obtaining a bond. An individual insurance producer remains
responsible for assuring that a bond is in effect and is for the
correct amount.
(3) The surety may cancel the bond and be released from
further liability thereunder upon thirty days’ written notice in
advance to the principal. The cancellation does not affect any
liability incurred or accrued under the bond before the termination of the thirty-day period.
(4) The insurance producer’s license may be revoked if
the insurance producer acts without a bond that is required
under this section.
(5) If a party injured under the terms of the bond requests
the insurance producer to provide the name of the surety and
the bond number, the insurance producer must provide the
information within three working days after receiving the
request.
(6) An association may meet the requirements of this
section for all of its members with a bond in the name of the
association that is continuous in form and in the amounts set
forth in subsection (1) of this section.
(7) All records relating to the bond required by this section shall be kept available and open to the inspection of the
commissioner at any business time. [2007 c 117 § 16; 1979
ex.s. c 269 § 8; 1977 ex.s. c 182 § 4; 1947 c 79 § .17.25; Rem.
Supp. 1947 § 45.17.25.]
48.17.250
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.260 Broker’s authority—Commissions.
(Effective until July 1, 2009.) (1) A broker, as such, is not an
agent or other representative of an insurer, and does not have
power, by his own acts, to bind the insurer upon any risk or
with reference to any insurance contract.
48.17.260
[Title 48 RCW—page 95]
48.17.270
Title 48 RCW: Insurance
(2) An insurer or agent shall have the right to pay to a
broker licensed under this code, or under the laws of any
other state or province, and such broker shall have the right to
receive from the insurer or agent, the customary commissions
upon insurances placed in the insurer by the broker. [1949 c
190 § 24; 1947 c 79 § .17.26; Rem. Supp. 1949 § 45.17.26.]
48.17.270 Agent-broker combinations—Compensation—Disclosure. (Effective until July 1, 2009.) (1) A
licensed agent may be licensed as a broker and be a broker as
to insurers for which the licensee is not then appointed as
agent. A licensed broker may be licensed as and be an agent
as to insurers appointing such agent. The sole relationship
between a broker and an insurer as to which the licensee is
appointed as an agent shall, as to transactions arising during
the existence of such agency appointment, be that of insurer
and agent.
(2) Unless the agency-insurer agreement provides to the
contrary, an insurance agent licensed as a broker may, with
respect to property and casualty insurance, receive the following compensation:
(a) A commission paid by the insurer;
(b) A fee paid by the insured; or
(c) A combination of commission paid by the insurer and
a fee paid by the insured from which a broker may offset or
reimburse the insured for all or part of the fee.
If the compensation received by an agent who is also
licensed as a broker and who is dealing directly with the
insured includes a fee, the full amount of compensation,
including an explanation of any offset or reimbursement,
must be disclosed in writing, signed by the broker and the
insured, and the writing must be retained by the broker for not
less than five years. [1994 c 203 § 1; 1993 c 455 § 1; 1981 c
339 § 13; 1947 c 79 § .17.27; Rem. Supp. 1947 § 45.17.27.]
48.17.270
48.17.270 Insurance producer as insurer’s agent—
Compensation—Disclosure. (Effective July 1, 2009.) (1)
The sole relationship between an insurance producer and an
insurer as to which the insurance producer is appointed as an
agent shall, as to transactions arising during the existence of
such agency appointment, be that of insurer and agent.
(2) Unless the agency-insurer agreement provides to the
contrary, an insurance producer may receive the following
compensation:
(a) A commission paid by the insurer;
(b) A fee paid by the insured; or
(c) A combination of commission paid by the insurer and
a fee paid by the insured from which an insurance producer
may offset or reimburse the insured for all or part of the fee.
(3) If the compensation received by an insurance producer who is dealing directly with the insured includes a fee,
for each policy, the insurance producer must disclose in writing to the insured:
(a) The full amount of the fee paid by the insured;
(b) The full amount of any commission paid to the insurance producer by the insurer, if one is received;
(c) An explanation of any offset or reimbursement of
fees or commissions as described in subsection (2)(c) of this
section;
48.17.270
[Title 48 RCW—page 96]
(d) When the insurance producer may receive additional
commission, notice that states the insurance producer:
(i) May receive additional commission in the form of
future incentive compensation from the insurer, including
contingent commissions and other awards and bonuses based
on factors that typically include the total sales volume,
growth, profitability, and retention of business placed by the
insurance producer with the insurer, and incentive compensation is only paid if the performance criteria established in the
agency-insurer agreement is met by the insurance producer or
the business entity with which the insurance producer is affiliated; and
(ii) Will furnish to the insured or prospective insured
specific information relating to additional commission upon
request; and
(e) The full name of the insurer that may pay any commission to the insurance producer.
(4) Written disclosure of compensation as required by
subsection (3) of this section shall be provided by the insurance producer to the insured prior to the sale of the policy.
(5) Written disclosure as required by subsection (3) of
this section must be signed by the insurance producer and the
insured, and the writing must be retained by the insurance
producer for five years. For the purposes of this section, written disclosure means the insured’s written consent obtained
prior to the insured’s purchase of insurance. In the case of a
purchase over the telephone or by electronic means for which
written consent cannot be reasonably obtained, consent documented by the producer shall be acceptable. [2007 c 117 §
17; 1994 c 203 § 1; 1993 c 455 § 1; 1981 c 339 § 13; 1947 c
79 § .17.27; Rem. Supp. 1947 § 45.17.27.]
48.17.280 Solicitor’s qualifications. (Effective until
July 1, 2009.) The commissioner shall license as a solicitor
an individual only who meets the following requirements:
(1) Is a resident of this state.
(2) Intends to and does make the soliciting and handling
of insurance business under his license his principal vocation.
(3) Is to represent and be employed by but one licensed
agent or broker.
(4) Has passed any examination as required under this
chapter.
(5) Is otherwise qualified under this code. [1947 c 79 §
.17.28; Rem. Supp. 1947 § 45.17.28.]
48.17.280
48.17.290 Solicitor’s license—Application. (Effective
until July 1, 2009.) The commissioner shall issue a solicitor’s license only upon application by the applicant and the
request of the agent or broker to be represented, upon such
forms as the commissioner shall prescribe and furnish. [1947
c 79 § .17.29; Rem. Supp. 1947 § 45.17.29.]
48.17.290
48.17.300 Solicitor’s license fee—Custody—Cancellation. (Effective until July 1, 2009.) (1) The fee for issuance or renewal of a solicitor’s license shall be paid by the
agent or broker by whom the solicitor is employed.
(2) The solicitor’s license shall be delivered to and shall
remain in the possession of the employing agent or broker.
Upon termination of such employment, the license shall likewise terminate and shall be returned to the commissioner for
48.17.300
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
cancellation. [1947 c 79 § .17.30; Rem. Supp. 1947 §
45.17.30.]
48.17.310
48.17.310 Limitations upon solicitors. (Effective until
July 1, 2009.) (1) A solicitor’s license shall not cover any
kind of insurance for which the agent or broker by whom he
is employed is not then licensed.
(2) A solicitor shall not have power to bind an insurer
upon or with reference to any risk or insurance contract, or to
countersign insurance contracts.
(3) Any individual while licensed as a solicitor shall not
be licensed as an agent or broker. [1947 c 79 § .17.31; Rem.
Supp. 1947 § 45.17.31.]
48.17.320
48.17.320 Responsibility of employing agent or broker. (Effective until July 1, 2009.) All business transacted
by a solicitor under his license shall be in the name of the
agent or broker by whom he is employed and the agent or
broker shall be responsible for all acts or omissions of the
solicitor within the scope of such employment. [1947 c 79 §
.17.32; Rem. Supp. 1947 § 45.17.32.]
48.17.330
48.17.330 Nonresident agents and brokers—Reciprocity. (Effective until July 1, 2009.) (1) The commissioner may license as an agent or as a broker, a person who is
not a resident of or domiciled in this state and who holds a
corresponding license issued by the state or province of his or
her residence or domicile, subject to RCW 48.17.530, if by
the laws of the state or province of his or her residence or
domicile a similar privilege is extended to residents of or corporations domiciled in this state. As used in this section,
"state" means a state of the United States, the District of
Columbia, any territory of the United States, Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific
Islands, the Virgin Islands, and the Northern Mariana Islands;
and "province" means a province of Canada.
(2) Any such licensee shall be subject to the same obligations and limitations, and to the commissioner’s supervision
as though resident or domiciled in this state, subject to RCW
48.14.040.
(3) No such person shall be so licensed unless he or she
files the power of attorney provided for in RCW 48.17.340,
and, if a corporation, it must have complied with the laws of
this state governing the admission of foreign corporations.
[2001 c 56 § 2; 1973 1st ex.s. c 107 § 1; 1955 c 303 § 28;
1947 c 79 § .17.33; Rem. Supp. 1947 § 45.17.33.]
Severability—1973 1st ex.s. c 107: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 107 § 5.]
48.17.340
48.17.340 Service of process against nonresident
agent or broker. (Effective until July 1, 2009.) (1) Each
licensed nonresident agent or broker shall appoint the commissioner as his attorney to receive service of legal process
issued against the agent or broker in this state upon causes of
action arising within this state. Service upon the commissioner as attorney shall constitute effective legal service upon
the agent or broker.
(2008 Ed.)
48.17.380
(2) The appointment shall be irrevocable for as long as
there could be any cause of action against the agent or broker
arising out of his insurance transactions in this state.
(3) Duplicate copies of such legal process against such
agent or broker shall be served upon the commissioner either
by a person competent to serve a summons, or through registered mail. At the time of such service the plaintiff shall pay
to the commissioner ten dollars, taxable as costs in the action.
(4) Upon receiving such service, the commissioner shall
forthwith send one of the copies of the process, by registered
mail with return receipt requested, to the defendant agent or
broker at his last address of record with the commissioner.
(5) The commissioner shall keep a record of the day and
hour of service upon him of all such legal process. No proceedings shall be had against the defendant agent or broker,
and such defendant shall not be required to appear, plead, or
answer until the expiration of forty days after the date of service upon the commissioner. [1981 c 339 § 14; 1947 c 79 §
.17.34; Rem. Supp. 1947 § 45.17.34.]
48.17.380 Adjusters—Qualifications for license.
(Effective until July 1, 2009.) The commissioner shall
license as an adjuster only an individual, firm, or corporation
which has otherwise complied with this code therefor and the
individual or responsible officer of the firm or corporation
has furnished evidence satisfactory to the commissioner that
he is qualified as follows:
(1) Is eighteen or more years of age.
(2) Is a bona fide resident of this state, or is a resident of
a state which will permit residents of this state to act as
adjusters in such other state.
(3) Is a trustworthy person.
(4) Has had experience or special education or training
with reference to the handling of loss claims under insurance
contracts, of sufficient duration and extent reasonably to
make him competent to fulfill the responsibilities of an
adjuster.
(5) Has successfully passed any examination as required
under this chapter.
(6) If for a public adjuster’s license, has filed the bond
required by RCW 48.17.430. [1981 c 339 § 15; 1971 ex.s. c
292 § 48; 1947 c 79 § .17.38; Rem. Supp. 1947 § 45.17.38.]
48.17.380
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.380 Adjusters—Qualifications for license—
Bond. (Effective July 1, 2009.) The commissioner shall
license as an adjuster only an individual or business entity
which has otherwise complied with this code therefor and the
individual or responsible officer of the business entity has
furnished evidence satisfactory to the commissioner that the
individual or responsible officer of the business entity is
qualified as follows:
(1) Is eighteen or more years of age.
(2) Is a bona fide resident of this state, or is a resident of
a state which will permit residents of this state to act as
adjusters in such other state.
(3) Is a trustworthy person.
(4) Has had experience or special education or training
with reference to the handling of loss claims under insurance
contracts, of sufficient duration and extent reasonably to
48.17.380
[Title 48 RCW—page 97]
48.17.390
Title 48 RCW: Insurance
make the individual or responsible officer of the business
entity competent to fulfill the responsibilities of an adjuster.
(5) Has successfully passed any examination as required
under this chapter.
(6) If for a public adjuster’s license, has filed the bond
required by RCW 48.17.430. [2007 c 117 § 18; 1981 c 339 §
15; 1971 ex.s. c 292 § 48; 1947 c 79 § .17.38; Rem. Supp.
1947 § 45.17.38.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.390 Adjusters—Separate licenses. (Effective
until July 1, 2009.) The commissioner may license an individual, firm, or corporation as an independent adjuster or as a
public adjuster, and separate licenses shall be required for
each type of adjuster. An individual, firm, or corporation may
be concurrently licensed under separate licenses as an independent adjuster and as a public adjuster. The full license fee
shall be paid for each such license. [1981 c 339 § 16; 1947 c
79 § .17.39; Rem. Supp. 1947 § 45.17.39.]
48.17.390
48.17.390 Adjusters—Separate licenses. (Effective
July 1, 2009.) The commissioner may license an individual
or business entity as an independent adjuster or as a public
adjuster, and separate licenses shall be required for each type
of adjuster. An individual or business entity may be concurrently licensed under separate licenses as an independent
adjuster and as a public adjuster. The full license fee shall be
paid for each such license. [2007 c 117 § 19; 1981 c 339 §
16; 1947 c 79 § .17.39; Rem. Supp. 1947 § 45.17.39.]
48.17.390
48.17.410 Authority of adjuster. (Effective until July
1, 2009.) An adjuster shall have authority under his license
only to investigate or report to his principal upon claims as
limited under RCW 48.17.050 on behalf only of the insurers
if licensed as an independent adjuster, or on behalf only of
insureds if licensed as a public adjuster. An adjuster licensed
concurrently as both an independent and a public adjuster
shall not represent both the insurer and the insured in the
same transaction. [1947 c 79 § .17.41; Rem. Supp. 1947 §
45.17.41.]
48.17.410
48.17.410 Authority of adjuster. (Effective July 1,
2009.) An adjuster shall have authority under an adjuster’s
license only to investigate or report to the adjuster’s principal
upon claims as limited under RCW 48.17.010(1) on behalf
only of the insurers if licensed as an independent adjuster, or
on behalf only of insureds if licensed as a public adjuster. An
adjuster licensed concurrently as both an independent and a
public adjuster shall not represent both the insurer and the
insured in the same transaction. [2007 c 117 § 20; 1947 c 79
§ .17.41; Rem. Supp. 1947 § 45.17.41.]
48.17.410
48.17.420 Agent may adjust—Nonresident adjusters.
(Effective until July 1, 2009.) (1) On behalf of and as authorized by an insurer for which he is licensed as agent, an agent
may from time to time act as an adjuster and investigate and
report upon claims without being required to be licensed as
an adjuster.
(2) No license by this state shall be required of a nonresident independent adjuster, for the adjustment in this state of
48.17.420
[Title 48 RCW—page 98]
a single loss, or of losses arising out of a catastrophe common
to all such losses. [1947 c 79 § .17.42; Rem. Supp. 1947 §
45.17.42.]
48.17.420 Appointed agent may adjust—Nonresident adjusters. (Effective July 1, 2009.) (1) On behalf of
and as authorized by an insurer for which an insurance producer or title insurance agent has been appointed as an agent,
an insurance producer or title insurance agent may from time
to time act as an adjuster and investigate and report upon
claims without being required to be licensed as an adjuster.
(2) No license by this state shall be required of a nonresident independent adjuster, for the adjustment in this state of
a single loss, or of losses arising out of a catastrophe common
to all such losses. [2007 c 117 § 21; 1947 c 79 § .17.42; Rem.
Supp. 1947 § 45.17.42.]
48.17.420
48.17.430 Public adjuster’s bond. (1) Prior to the issuance of a license as public adjuster, the applicant therefor
shall file with the commissioner and shall thereafter maintain
in force while so licensed a surety bond in favor of the people
of the state of Washington, executed by an authorized corporate surety approved by the commissioner, in the amount of
five thousand dollars. The bond may be continuous in form,
and total aggregate liability on the bond may be limited to the
payment of five thousand dollars. The bond shall be contingent on the accounting by the adjuster to any insured whose
claim he is handling, for moneys or any settlement received
in connection therewith.
(2) Any such bond shall remain in force until the surety
is released from liability by the commissioner, or until canceled by the surety. Without prejudice to any liability accrued
prior to cancellation, the surety may cancel a bond upon
thirty days advance notice in writing filed with the commissioner.
(3) Such bond shall be required of any adjuster acting as
a public adjuster as of the effective date of this code, or thereafter under any unexpired license heretofore issued. [1977
ex.s. c 182 § 5; 1947 c 79 § .17.43; Rem. Supp. 1947 §
45.17.43.]
48.17.430
48.17.450 Place of business. (Effective until July 1,
2009.) (1) Every licensed agent, broker, and adjuster, other
than an agent licensed for life or disability insurances only,
shall have and maintain in this state, or, if a nonresident agent
or nonresident broker, in this state or in the state of the licensee’s domicile, a place of business accessible to the public.
Such place of business shall be that wherein the agent or broker principally conducts transactions under that person’s
licenses. The address of the licensee’s place of business shall
appear on all of that person’s licenses, and the licensee shall
promptly notify the commissioner of any change thereof. A
licensee maintaining more than one place of business in this
state shall obtain a duplicate license or licenses for each additional such place, and shall pay the full fee therefor.
(2) Any notice, order, or written communication from
the commissioner to a person licensed under this chapter
which directly affects the person’s license shall be sent by
mail to the person’s last residential address, if an individual,
and to the person’s last business address, if licensed as a firm
48.17.450
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
or corporation, as such address is shown in the commissioner’s licensing records. A licensee shall promptly notify
the commissioner of any change of residential or business
address. [1990 1st ex.s. c 3 § 5; 1988 c 248 § 11; 1953 c 197
§ 6; 1947 c 79 § .17.45; Rem. Supp. 1947 § 45.17.45.]
48.17.450 Place of business. (Effective July 1, 2009.)
(1) Every licensed insurance producer, title insurance agent,
and adjuster, other than an insurance producer licensed for
life or disability insurances only, shall have and maintain in
this state, or, if a nonresident insurance producer or title
insurance agent, in this state or in the state of the licensee’s
domicile, a place of business accessible to the public. Such
place of business shall be that wherein the insurance producer
or title insurance agent principally conducts transactions
under that person’s licenses. A licensee maintaining more
than one place of business in this state shall obtain a duplicate
license or licenses for each additional such place, and shall
pay the full fee therefor.
(2) Any notice, order, or written communication from
the commissioner to a person licensed under this chapter
which directly affects the person’s license shall be sent by
mail to the person’s last address of record with the commissioner. [2007 c 117 § 22; 1990 1st ex.s. c 3 § 5; 1988 c 248 §
11; 1953 c 197 § 6; 1947 c 79 § .17.45; Rem. Supp. 1947 §
45.17.45.]
48.17.450
48.17.460 Display of license. (Effective until July 1,
2009.) (1) The license or licenses of each agent, other than
licenses as to life or disability insurances only, or of each broker or adjuster shall be displayed in a conspicuous place in
that part of his place of business which is customarily open to
the public.
(2) The license of a solicitor shall be so displayed in the
place of business of the agent or broker by whom he is
employed. [1947 c 79 § .17.46; Rem. Supp. 1947 §
45.17.46.]
48.17.460
48.17.460 Display of license. (Effective July 1, 2009.)
The license or licenses of each insurance producer, title insurance agent, or adjuster shall be displayed in a conspicuous
place in that part of the place of business which is customarily open to the public. [2007 c 117 § 23; 1947 c 79 § .17.46;
Rem. Supp. 1947 § 45.17.46.]
48.17.460
48.17.475
any fee, commission, or other compensation received or to be
received by the adjuster on account of such investigation or
adjustment.
(c) Such other and additional information as shall be customary, or as may reasonably be required by the commissioner.
(2) All such records as to any particular transaction shall
be kept available and open to the inspection of the commissioner at any business time during the five years immediately
after the date of the completion of such transaction.
(3) This section shall not apply as to life or disability
insurances. [1947 c 79 § .17.47; Rem. Supp. 1947 §
45.17.47.]
48.17.470 Records of insurance producers, title
insurance agents, adjusters. (Effective July 1, 2009.) (1)
Every insurance producer, title insurance agent, or adjuster
shall retain a record of all transactions consummated under
the license. This record shall be in organized form and shall
include:
(a) If an insurance producer or title insurance agent:
(i) A record of each insurance contract procured or
issued, together with the names of the insurers and insureds,
the amount of premium paid or to be paid, and a statement of
the subject of the insurance;
(ii) The names of any other licensees from whom business is accepted, and of persons to whom commissions or
allowances of any kind are promised or paid.
(b) If an adjuster, a record of each investigation or
adjustment undertaken or consummated, and a statement of
any fee, commission, or other compensation received or to be
received by the adjuster on account of such investigation or
adjustment.
(c) Such other and additional information as shall be customary, or as may reasonably be required by the commissioner.
(2) All such records as to any particular transaction shall
be kept available and open to the inspection of the commissioner at any business time during the five years immediately
after the date of the completion of such transaction.
(3) This section shall not apply as to life or disability
insurances. [2007 c 117 § 24; 1947 c 79 § .17.47; Rem. Supp.
1947 § 45.17.47.]
48.17.470
48.17.475 Licensee to reply promptly to inquiry by
commissioner. (Effective until July 1, 2009.) Every insurance agent, broker, adjuster, or other person licensed under
this chapter shall promptly reply in writing to an inquiry of
the commissioner relative to the business of insurance. [1967
c 150 § 13.]
48.17.475
48.17.470 Records of agents, brokers, adjusters.
(Effective until July 1, 2009.) (1) Every agent, or broker, or
adjuster shall keep at his address as shown on his license, a
record of all transactions consummated under his license.
This record shall be in organized form and shall include:
(a) If an agent or broker,
(i) a record of each insurance contract procured, issued,
or countersigned, together with the names of the insurers and
insureds, the amount of premium paid or to be paid, and a
statement of the subject of the insurance;
(ii) the names of any other licensees from whom business is accepted, and of persons to whom commissions or
allowances of any kind are promised or paid.
(b) If an adjuster, a record of each investigation or
adjustment undertaken or consummated, and a statement of
48.17.470
(2008 Ed.)
48.17.475 Licensee to reply promptly to inquiry by
commissioner. (Effective July 1, 2009.) Every insurance
producer, title insurance agent, adjuster, or other person
licensed under this chapter shall promptly reply in writing to
an inquiry of the commissioner relative to the business of
insurance. A timely response is one that is received by the
commissioner within fifteen business days from receipt of the
inquiry. Failure to make a timely response constitutes a violation of this section. [2007 c 117 § 25; 1967 c 150 § 13.]
48.17.475
[Title 48 RCW—page 99]
48.17.480
Title 48 RCW: Insurance
48.17.480
48.17.480 Reporting and accounting for premiums.
(Effective until July 1, 2009.) (1) An agent or any other representative of an insurer involved in the procuring or issuance
of an insurance contract shall report to the insurer the exact
amount of consideration charged as premium for such contract, and such amount shall likewise be shown in the contract
and in the records of the agent. Each willful violation of this
provision is a misdemeanor.
(2) All funds representing premiums or return premiums
received by an agent, solicitor or broker, shall be so received
in his or her fiduciary capacity, and shall be promptly
accounted for and paid to the insured, insurer, or agent as
entitled thereto.
(3) Any person licensed under this chapter who receives
funds which belong to or should be paid to another person as
a result of or in connection with an insurance transaction is
deemed to have received the funds in a fiduciary capacity.
The licensee shall promptly account for and pay the funds to
the person entitled to the funds.
(4) Any agent, solicitor, broker, adjuster or other person
licensed under this chapter who, not being lawfully entitled
thereto, diverts or appropriates funds received in a fiduciary
capacity or any portion thereof to his or her own use, is guilty
of theft under chapter 9A.56 RCW. [2003 c 53 § 269; 1988 c
248 § 12; 1947 c 79 § .17.48; Rem. Supp. 1947 § 45.17.48.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.17.480
48.17.480 Reporting and accounting for premiums.
(Effective July 1, 2009.) (1) An insurance producer, title
insurance agent, or any other representative of an insurer
involved in the procuring or issuance of an insurance contract
shall report to the insurer the exact amount of consideration
charged as premium for such contract, and such amount shall
likewise be shown in the contract and in the records of the
insurance producer, title insurance agent, or other representative. Each willful violation of this provision is a misdemeanor.
(2) All funds representing premiums or return premiums
received by an insurance producer or title insurance agent
shall be so received in the insurance producer’s or title insurance agent’s fiduciary capacity, and shall be promptly
accounted for and paid to the insured, insurer, title insurance
agent, or insurance producer as entitled thereto.
(3) Any person licensed under this chapter who receives
funds which belong to or should be paid to another person as
a result of or in connection with an insurance transaction is
deemed to have received the funds in a fiduciary capacity.
The licensee shall promptly account for and pay the funds to
the person entitled to the funds.
(4) Any insurance producer, title insurance agent,
adjuster, or other person licensed under this chapter who, not
being lawfully entitled thereto, diverts or appropriates funds
received in a fiduciary capacity or any portion thereof to his
or her own use, is guilty of theft under chapter 9A.56 RCW.
[2007 c 117 § 26; 2003 c 53 § 269; 1988 c 248 § 12; 1947 c
79 § .17.48; Rem. Supp. 1947 § 45.17.48.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 48 RCW—page 100]
48.17.490 Sharing commissions. (Effective until July
1, 2009.) (1) No agent, general agent, solicitor, or broker
shall compensate or offer to compensate in any manner any
person other than an agent, general agent, solicitor, or broker,
licensed in this or any other state or province, for procuring or
in any manner helping to procure applications for or to place
insurance in this state. This provision shall not prohibit the
payment of compensation not contingent upon volume of
business transacted, in the form of salaries to the regular
employees of such agent, general agent, solicitor or broker, or
the payment for services furnished by an unlicensed person
who does not participate in the transaction of insurance in any
way requiring licensing as an agent, solicitor, broker, or
adjuster and who is not compensated on any basis dependent
upon a sale of insurance being made.
(2) No such licensee shall be promised or allowed any
compensation on account of the procuring of applications for
or the placing of kinds of insurance which he himself is not
then licensed to procure or place.
(3) The commissioner shall suspend or revoke the
licenses of all licensees participating in any violation of this
section. [1988 c 248 § 13; 1947 c 79 § .17.49; Rem. Supp.
1947 § 45.17.49.]
48.17.490
48.17.490 Must be licensed to receive a commission,
service fee, or other valuable consideration. (Effective
July 1, 2009.) (1) An insurance company, insurance producer, or title insurance agent shall not pay a commission,
service fee, or other valuable consideration to a person for
selling, soliciting, or negotiating insurance in this state if that
person is required to be licensed under this chapter or chapter
48.15 RCW and is not so licensed.
(2) A person shall not accept a commission, service fee,
or other valuable consideration for selling, soliciting, or
negotiating insurance in this state if that person is required to
be licensed under this chapter or chapter 48.15 RCW and is
not so licensed.
(3) Renewal or other deferred commissions may be paid
to a person for selling, soliciting, or negotiating insurance in
this state if the person was required to be licensed under this
chapter or chapter 48.15 RCW at the time of the sale, solicitation, or negotiation, and was so licensed at that time.
(4) An insurer, except a title insurer, or insurance producer may pay or assign commissions, service fees, or other
valuable consideration to an insurance agency, or to persons
who do not sell, solicit, or negotiate insurance in this state,
unless the payment would violate RCW 48.30.140,
48.30.150, 48.30.155, 48.30.157, or 48.30.170. [2007 c 117
§ 27; 1988 c 248 § 13; 1947 c 79 § .17.49; Rem. Supp. 1947
§ 45.17.49.]
48.17.490
48.17.500 Expiration and renewal of licenses. (Effective until July 1, 2009.) (1) All agents’ licenses issued by the
commissioner shall be valid for the time period established
by the commissioner unless:
(a) Suspended or revoked; or
(b) The licensee ceases to hold a valid appointment by an
insurer.
(2) All brokers’, solicitors’, and adjusters’ licenses shall
be valid for the time period established by the commissioner
unless suspended or revoked at an earlier date.
48.17.500
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
(3) The commissioner, by rule, shall determine renewal
dates for licenses of all agents, brokers, solicitors, and adjusters. If a staggered system is used, fees shall be prorated in the
conversion to a staggered system.
(4) Subject to the right of the commissioner to suspend,
revoke, or refuse to renew any agent’s, broker’s, solicitor’s,
or adjuster’s license as provided in this code, any such license
may be renewed into another like period by filing with the
commissioner on or before the expiration date a written
request, by or on behalf of the licensee, for such renewal
accompanied by payment of the renewal fee as specified in
RCW 48.14.010. An agent or broker shall make and file
renewal requests on behalf of his solicitors.
If the request and fee for renewal of an agent’s, broker’s,
solicitor’s, or adjuster’s license is filed with the commissioner prior to expiration of the existing license, the licensee
may continue to act under such license, unless sooner
revoked or suspended, until the issuance of a renewal license
or until the expiration of fifteen days after the commissioner
has refused to renew the license and has mailed order of such
refusal to the licensee. Any request for renewal not so filed
until after date of expiration may be considered by the commissioner as an application for a new license.
(5) As to all licenses, if request for renewal of an agent’s
license or appointment or broker’s, solicitor’s, or adjuster’s
license or payment of the fee is not received by the commissioner prior to the expiration date as required under subsection (4) of this section, the insurer or applicant for renewal
shall pay to the commissioner and the commissioner shall
collect, in addition to the regular fee, a surcharge as follows:
For the first thirty days or part thereof of delinquency the surcharge shall be fifty percent of the fee; for all delinquencies
extending more than thirty days, the surcharge shall be one
hundred percent of the fee. This subsection shall not be
deemed to exempt any person from any penalty provided by
law for transacting business without a valid and subsisting
license or appointment, or affect the commissioner’s right, at
his discretion, to consider such delinquent application as one
for a new license or appointment. [1979 ex.s. c 269 § 6; 1977
ex.s. c 182 § 6; 1965 ex.s. c 70 § 20; 1957 c 193 § 9; 1953 c
197 § 7; 1947 c 79 § .17.50; Rem. Supp. 1947 § 45.17.50.]
Effective date, implementation—1979 ex.s. c 269: See note following
RCW 48.14.010.
48.17.510 Temporary licenses. (Effective until July 1,
2009.) (1) The commissioner may issue an agent’s or broker’s temporary license in the following circumstances:
(a) To the surviving spouse or next of kin or to the
administrator or executor, or the employee of the administrator or executor, of a licensed agent or broker becoming
deceased.
(b) To the spouse, next of kin, employee, or legal guardian of a licensed agent or broker becoming disabled because
of sickness, insanity, or injury.
(c) To a surviving member of a firm or surviving officer
or employee of a corporation licensed as agent or broker upon
the death of an individual designated in the firm or corporation’s license to exercise powers thereunder.
(2) An individual to be eligible for any such temporary
license must be qualified as for a permanent license except as
to experience, training, or the taking of any examination.
48.17.510
(2008 Ed.)
48.17.520
(3) Any fee paid to the commissioner for issuance of a
temporary license as specified in RCW 48.14.010 shall be
credited toward the fee required for a permanent license
which is issued to replace the temporary license prior to the
expiration of such temporary license. [1982 c 181 § 7; 1955
c 303 § 15; 1953 c 197 § 8; 1947 c 79 § .17.51; Rem. Supp.
1947 § 45.17.51.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.510 Temporary licenses—Restrictions—Commissioner’s discretion. (Effective July 1, 2009.) (1) The
commissioner may issue a temporary insurance producer
license for a period not to exceed one hundred eighty days
without requiring an examination if the commissioner deems
that the temporary license is necessary for the servicing of an
insurance business in the following cases:
(a) To the surviving spouse or court-appointed personal
representative of a licensed insurance producer who dies or
becomes mentally or physically disabled to allow adequate
time for the sale of the insurance business owned by the
insurance producer or for the recovery or return of the insurance producer to the business, or to provide for the training
and licensing of new personnel to operate the insurance producer’s business;
(b) To a member or employee of a business entity
licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;
(c) To the designee of a licensed insurance producer
entering active service in the armed forces of the United
States; or
(d) In any other circumstance where the commissioner
deems that the public interest will best be served by the issuance of this license.
(2) The commissioner may, by order, limit the authority
of any temporary licensee in any way deemed necessary to
protect insureds and the public. The commissioner may
require the temporary licensee to have a suitable sponsor who
is a licensed insurance producer or insurer and who assumes
responsibility for all acts of the temporary licensee, and may
impose other similar requirements designed to protect
insureds and the public. The commissioner may, by order,
revoke a temporary license if the interest of insureds or the
public are endangered. A temporary license may not continue after the owner or the personal representatives dispose
of the business. [2007 c 117 § 28; 1982 c 181 § 7; 1955 c 303
§ 15; 1953 c 197 § 8; 1947 c 79 § .17.51; Rem. Supp. 1947 §
45.17.51.]
48.17.510
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.520 Temporary licenses—Duration—Limitations. (Effective until July 1, 2009.) (1) No such temporary
license shall be effective for more than ninety days in any
twelve month period, subject to extension for an additional
period of not more than ninety days at the commissioner’s
discretion and for good cause shown. The commissioner may
refuse so to license again any person who has previously been
so licensed.
(2) An individual requesting temporary agent’s license
on account of death or disability of an agent, shall not be so
48.17.520
[Title 48 RCW—page 101]
48.17.530
Title 48 RCW: Insurance
152 § 2; 1969 ex.s. c 241 § 11; 1967 c 150 § 23; 1947 c 79 §
.17.53; Rem. Supp. 1947 § 45.17.53.]
licensed for any insurer as to which such agent was not
licensed at the time of death or commencement of disability.
[1985 c 264 § 8; 1953 c 197 § 9; 1947 c 79 § .17.52; Rem.
Supp. 1947 § 47.17.52.]
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.17.530 Refusal, suspension, revocation of licenses.
(Effective until July 1, 2009.) (1) The commissioner may
suspend, revoke, or refuse to issue or renew any license
which is issued or may be issued under this chapter or any
surplus line broker’s license for any cause specified in any
other provision of this code, or for any of the following
causes:
(a) For any cause for which issuance of the license could
have been refused had it then existed and been known to the
commissioner.
(b) If the licensee or applicant wilfully violates or knowingly participates in the violation of any provision of this
code or any proper order or regulation of the commissioner.
(c) If the licensee or applicant has obtained or attempted
to obtain any such license through wilful misrepresentation
or fraud, or has failed to pass any examination required under
this chapter.
(d) If the licensee or applicant has misappropriated or
converted to his own use or has illegally withheld moneys
required to be held in a fiduciary capacity.
(e) If the licensee or applicant has, with intent to deceive,
materially misrepresented the terms or effect of any insurance contract; or has engaged or is about to engage in any
fraudulent transaction.
(f) If the licensee or applicant has been guilty of "twisting," as defined in RCW 48.30.180, or of rebating, as defined
in chapter 48.30 RCW.
(g) If the licensee or applicant has been convicted, by
final judgment, of a felony.
(h) If the licensee or applicant has shown himself to be,
and is so deemed by the commissioner, incompetent, or
untrustworthy, or a source of injury and loss to the public.
(i) If the licensee has dealt with, or attempted to deal
with, insurances, or to exercise powers relative to insurance
outside the scope of his licenses.
(2) If any natural person named under a firm or corporate
license, or application therefor, commits or has committed
any act or fails or has failed to perform any duty which is a
ground for the commissioner to revoke, suspend or refuse to
issue or renew the license or application for license, the commissioner may revoke, suspend, refuse to renew, or refuse to
issue:
(a) The license, or application therefor, of the corporation or firm; or
(b) The right of the natural person to act thereunder; or
(c) Any other license held or applied for by the natural
person; or
(d) He may take all such steps.
(3) Any conduct of an applicant or licensee which constitutes ground for disciplinary action under this code shall be
deemed such ground notwithstanding that such conduct took
place in another state.
(4) The holder of any license which has been revoked or
suspended shall surrender the license certificate to the commissioner at the commissioner’s request. [1973 1st ex.s. c
48.17.530 Commissioner may place on probation,
suspend, revoke, or refuse to issue or renew a license.
(Effective July 1, 2009.) (1) The commissioner may place on
probation, suspend, revoke, or refuse to issue or renew an
adjuster’s license, an insurance producer’s license, a title
insurance agent’s license, or any surplus line broker’s
license, or may levy a civil penalty in accordance with RCW
48.17.560 or any combination of actions, for any one or more
of the following causes:
(a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application;
(b) Violating any insurance laws, or violating any rule,
subpoena, or order of the commissioner or of another state’s
insurance commissioner;
(c) Obtaining or attempting to obtain a license through
misrepresentation or fraud;
(d) Improperly withholding, misappropriating, or converting any moneys or properties received in the course of
doing insurance business;
(e) Intentionally misrepresenting the terms of an actual
or proposed insurance contract or application for insurance;
(f) Having been convicted of a felony;
(g) Having admitted or been found to have committed
any insurance unfair trade practice or fraud;
(h) Using fraudulent, coercive, or dishonest practices, or
demonstrating incompetence, untrustworthiness, or financial
irresponsibility in this state or elsewhere;
(i) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;
(j) Forging another’s name to an application for insurance or to any document related to an insurance transaction;
(k) Improperly using notes or any other reference material to complete an examination for an insurance license;
(l) Knowingly accepting insurance business from a person who is required to be licensed under this title and is not so
licensed, other than orders for issuance of title insurance on
property located in this state placed by a nonresident title
insurance agent authorized to act as a title insurance agent in
the title insurance agent’s home state; or
(m) Obtaining a loan from an insurance client that is not
a financial institution and who is not related to the insurance
producer by birth, marriage, or adoption, except the commissioner may, by rule, define and permit reasonable arrangements.
(2) The license of a business entity may be suspended,
revoked, or refused if the commissioner finds that an individual licensee’s violation was known or should have been
known by one or more of the partners, officers, or managers
acting on behalf of the partnership or corporation, and the
violation was neither reported to the commissioner nor corrective action taken.
(3) The commissioner shall retain the authority to
enforce the provisions of and impose any penalty or remedy
authorized by this chapter and this title against any person
who is under investigation for or charged with a violation of
48.17.530
[Title 48 RCW—page 102]
48.17.530
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
this chapter or this title, even if the person’s license or registration has been surrendered or has lapsed by operation of
law.
(4) The holder of any license which has been revoked or
suspended shall surrender the license certificate to the commissioner at the commissioner’s request.
(5) The commissioner may probate a suspension or revocation of a license under reasonable terms determined by the
commissioner. In addition, the commissioner may require a
licensee who is placed on probation to:
(a) Report regularly to the commissioner on matters that
are the basis of the probation;
(b) Limit practice to an area prescribed by the commissioner; or
(c) Continue or renew continuing education until the licensee attains a degree of skill satisfactory to the commissioner in the area that is the basis of the probation.
(6) At any time during a probation term where the licensee has violated the probation order, the commissioner
may:
(a) Rescind the probation and enforce the commissioner’s original order; and
(b) Impose any disciplinary action permitted under this
section in addition to or in lieu of enforcing the original order.
[2007 c 117 § 29; 1973 1st ex.s. c 152 § 2; 1969 ex.s. c 241 §
11; 1967 c 150 § 23; 1947 c 79 § .17.53; Rem. Supp. 1947 §
45.17.53.]
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.17.535 License or certificate suspension—Noncompliance with support order—Reissuance. The commissioner shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the commissioner’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 857.]
48.17.535
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
48.17.540 Procedure to suspend, revoke, or refuse—
Effect of conviction of felony. (1) The commissioner may
revoke or refuse to renew any license issued under this chapter, or any surplus line broker’s license, immediately and
without hearing, upon sentencing of the licensee for conviction of a felony by final judgment of any court of competent
48.17.540
(2008 Ed.)
48.17.560
jurisdiction, if the facts giving rise to such conviction demonstrate the licensee to be untrustworthy to maintain any such
license.
(2) The commissioner may suspend, revoke, or refuse to
renew any such license:
(a) By an order served by mail or personal service upon
the licensee not less than fifteen days prior to the effective
date thereof, subject to the right of the licensee to have a hearing as provided in RCW 48.04.010; or
(b) By an order on hearing made as provided in chapter
34.05 RCW, the Administrative Procedure Act, effective not
less than ten days after the date of the service of the order,
subject to the right of the licensee to appeal to the superior
court.
(3) The commissioner may temporarily suspend such
license by an order served by mail or by personal service
upon the licensee not less than three days prior to the effective date thereof, provided the order contains a notice of revocation and includes a finding that the public safety or welfare
imperatively requires emergency action. Such suspension
shall continue only until proceedings for revocation are concluded. The commissioner also may temporarily suspend
such license in cases where proceedings for revocation are
pending if he or she finds that the public safety or welfare
imperatively requires emergency action.
(4) Service by mail under this section shall mean posting
in the United States mail, addressed to the licensee at the
most recent address shown in the commissioner’s licensing
records for the licensee. Service by mail is complete upon
deposit in the United States mail. [1990 1st ex.s. c 3 § 6;
1989 c 175 § 113; 1988 c 248 § 14; 1982 c 181 § 8; 1973 1st
ex.s. c 107 § 2; 1967 c 150 § 24; 1947 c 79 § .17.54; Rem.
Supp. 1947 § 45.17.54.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 181: See note following RCW 48.03.010.
Severability—1973 1st ex.s. c 107: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 107 § 5.]
48.17.550 Duration of suspension. Every order suspending any such license shall specify the period during
which suspension will be effective, and which period shall in
no event exceed twelve months. [1947 c 79 § .17.55; Rem.
Supp. 1947 § 45.17.55.]
48.17.550
48.17.560 Fines may be imposed. After hearing or
upon stipulation by the licensee or insurance education provider, and in addition to or in lieu of the suspension, revocation, or refusal to renew any such license or insurance education provider approval, the commissioner may levy a fine
upon the licensee or insurance education provider. (1) For
each offense the fine shall be an amount not more than one
thousand dollars. (2) The order levying such fine shall specify that the fine shall be fully paid not less than fifteen nor
more than thirty days from the date of the order. (3) Upon
failure to pay any such fine when due, the commissioner shall
revoke the licenses of the licensee or the approval(s) of the
insurance education provider, if not already revoked. The
fine shall be recovered in a civil action brought on behalf of
the commissioner by the attorney general. Any fine so col48.17.560
[Title 48 RCW—page 103]
48.17.563
Title 48 RCW: Insurance
lected shall be paid by the commissioner to the state treasurer
for the account of the general fund. [1989 c 323 § 3; 1975 1st
ex.s. c 266 § 8; 1967 c 150 § 25; 1947 c 79 § .17.56; Rem.
Supp. 1947 § 45.17.56.]
Effective date—1989 c 323: See note following RCW 48.17.125.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.563 Insurance education providers—Commissioner’s approval—Renewal fee. (1) The commissioner
may require insurance education providers to furnish specific
information regarding their curricula, faculty, methods of
monitoring attendance, and other matters reasonably related
to providing insurance education under this chapter. The
commissioner may grant approvals to such providers who
demonstrate the ability to conduct and certify completion of
one or more courses satisfying the insurance education
requirements of RCW 48.17.150.
(2) Provider and course approvals are valid for the time
period established by the commissioner and shall expire if
not timely renewed. Each provider shall pay the renewal fee
set forth in *RCW 48.14.010(1)(n).
(3) In granting approvals for courses required by
**RCW 48.17.150(1)(d):
(a) The commissioner may require the availability of a
licensed agent with appropriate experience on the premises
whenever instruction is being offered; and
(b) The commissioner shall not deny approval to any
provider on the grounds that the proposed method of education employs nontraditional teaching techniques, such as substituting taped lectures for live instruction, offering instruction without fixed schedules, or providing education at individual learning rates. [1994 c 131 § 6; 1989 c 323 § 7.]
48.17.563
Reviser’s note: *(1) The reference to RCW 48.14.010(1)(n) appears to
be erroneous. See RCW 48.14.010.
**(2) RCW 48.17.150 was amended by 2007 c 117 § 10, deleting subsection (1)(d), effective July 1, 2009.
Effective date—1989 c 323: See note following RCW 48.17.125.
48.17.565 Insurance education providers—Violations—Costs awarded. (Effective until July 1, 2009.) If an
investigation of any provider culminates in a finding by the
commissioner or by any court of competent jurisdiction, that
the provider has failed to comply with or has violated any
statute or regulation pertaining to insurance education, the
provider shall pay the expenses reasonably attributable and
allocable to such investigation.
(1) The commissioner shall calculate such expenses and
render a bill therefor by registered mail to the provider.
Within thirty days after receipt of such bill, the provider shall
pay the full amount to the commissioner. The commissioner
shall transmit such payment to the state treasurer. The state
treasurer shall credit the payment to the office of the insurance commissioner regulatory account, treating such payment as recovery of a prior expenditure.
(2) In any action brought under this section, if the insurance commissioner prevails, the court may award to the
office of the insurance commissioner all costs of the action,
including a reasonable attorneys’ fee to be fixed by the court.
[1989 c 323 § 4.]
48.17.565
Effective date—1989 c 323: See note following RCW 48.17.125.
[Title 48 RCW—page 104]
48.17.565
48.17.565 Insurance education providers—Violations—Costs awarded. (Effective July 1, 2009.) If an
investigation of any insurance education provider culminates
in a finding by the commissioner or by any court of competent jurisdiction, that the insurance education provider has
failed to comply with or has violated any statute or regulation
pertaining to insurance education, the insurance education
provider shall pay the expenses reasonably attributable and
allocable to such investigation.
(1) The commissioner shall calculate such expenses and
render a bill therefor by registered mail to the insurance education provider. Within thirty days after receipt of such bill,
the insurance education provider shall pay the full amount to
the commissioner. The commissioner shall transmit such
payment to the state treasurer. The state treasurer shall credit
the payment to the office of the insurance commissioner regulatory account, treating such payment as recovery of a prior
expenditure.
(2) In any action brought under this section, if the insurance commissioner prevails, the court may award to the
office of the commissioner all costs of the action, including a
reasonable attorneys’ fee to be fixed by the court. [2007 c
117 § 30; 1989 c 323 § 4.]
Effective date—1989 c 323: See note following RCW 48.17.125.
48.17.568
48.17.568 Insurance education providers—Bond. In
addition to the regulatory requirements imposed pursuant to
RCW 48.17.150, the commissioner may require each insurance education provider to post a bond, cash deposit, or irrevocable letter of credit. Every insurance education provider,
other than an insurer, health care service contractor, health
maintenance organization, or educational institution established by Washington statutes, is subject to the requirement.
(1) The provider shall file with each request for course
approval and shall maintain in force while so approved, the
bond, cash deposit, or irrevocable letter of credit in favor of
the state of Washington, according to criteria which the commissioner shall establish by regulation. The amount of such
bond, cash deposit, or irrevocable letter of credit, shall not
exceed five thousand dollars for the provider’s first approved
course and one thousand dollars for each additional approved
course.
(2) Proceeds from the bond, cash deposit, or irrevocable
letter of credit shall inure to the commissioner for payment of
investigation expenses or for payment of any fine ordered per
Washington statutes or regulations governing insurance education: PROVIDED, That recoverable investigation
expenses or fines shall not be limited to the amount of such
required bond, cash deposit, or irrevocable letter of credit.
[1989 c 323 § 5.]
Effective date—1989 c 323: See note following RCW 48.17.125.
48.17.591
48.17.591 Termination of agency contract—Effect on
insured. (Effective until July 1, 2009.) (1) No insurer
authorized to do business in this state may cancel or refuse to
renew any policy because that insurer’s contract with the
independent agent through whom such policy is written has
been terminated by the insurer, the agent, or by mutual agreement.
(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
(2) If an insurer intends to terminate a written agency
contract with an independent agent, the insurer shall give the
agent not less than one hundred twenty days’ advance written
notice of the intent, unless the termination is based upon the
agent’s abandonment of the agency, the agent’s gross and
willful misconduct, the agent’s loss of license by order of the
insurance commissioner, the agent’s sale of, or material
change of ownership in, the agency, the agent’s fraud or
material misrepresentation relative to the business of insurance, or the agent’s default in payments due the insurer under
the terms of the agreement. During the notice period the
insurer shall not amend the existing contract without the consent of the agent.
(a) Unless the agency contract provides otherwise, during the one hundred twenty day notice period the independent
agent shall not write or bind any new business on behalf of
the terminating insurer without specific written approval.
However, routine adjustments by insureds are permitted. The
terminating insurer shall permit renewal of all its policies in
the agent’s book of business for a period of one year following the effective date of the termination, to the extent the policies meet the insurer’s underwriting standards and the
insurer has no other reason for nonrenewal. The rate of commission for any policies renewed under this provision shall
be the same as the agent would have received had the agency
agreement not been terminated.
(b) An independent agent whose agency contract has
been terminated shall have a reasonable opportunity to transfer affected policies to other insurers with which the agent
has an appointment: PROVIDED, HOWEVER, That prior to
the conclusion of the one-year renewal period following the
effective date of the termination, an insurer without a reason
for not renewing an insured’s policy and which has not
received notification of the placement of such policy with
another insurer shall provide its insured with appropriate
written notice of an offer to continue the policy. In such
cases, except where the terminated agent has placed the policy with another agent of the insurer, the insurer shall, where
practical, assign the policy to an appointed agent located reasonably near the insured willing to accept the assignment.
(c) An insurer is not required to continue the appointment of a terminated independent agent during or after the
one year renewal period. However, an agent whose contract
has been terminated by the insurer remains an agent of the
terminating insurer as to actions associated with the policies
subject to this section just as if he or she were appointed by
the insurer as its agent.
(3) In the absence of receipt of notice from the insured
that coverage will not be continued with the existing insurer,
an insurer whose agency contract has been terminated by an
independent agent, or by the mutual agreement of the insurer
and the agent, that elects to renew or lacks a reason not to
renew, shall give the renewal notice required by chapter
48.18 RCW to affected insureds, and continue renewed coverage in accordance with the methods specified in subsection
(2)(b) of this section. Agents affected by this subsection may
provide the notice to an insurer that an insured does not
intend to continue existing coverage with the insurer, after
receiving written authority to do so from an insured.
(4) For purposes of this section an "independent agent" is
a licensed insurance agent representing an insurer on an inde(2008 Ed.)
48.17.591
pendent contractor basis and not as an employee. This term
includes only those agents not obligated by contract to place
insurance accounts with a particular insurer or group of insurers.
(5) This section does not apply to (a) agents or policies of
an insurer or group of insurers if the business is not owned by
the agent and the termination of any such contractual agreement does not result in the cancellation or nonrenewal of any
policies of insurance; (b) general agents, to the extent that
they are acting in that capacity; (c) life, disability, surety,
ocean marine and foreign trade, and title insurance policies;
(d) situations where the termination of the agency contract
results from the insolvency or liquidation of the terminating
insurer.
(6) No insurer may terminate its agency contract with an
appointed agent unless it complies with this section.
(7) Nothing contained in this section excuses an insurer
from giving cancellation and renewal notices that may be
required by chapter 48.18 RCW. [1990 c 121 § 1. Formerly
RCW 48.18.285.]
Reviser’s note: Previously codified as RCW 48.18.285. Recodified to
reflect legislative directive under 1990 c 121.
48.17.591 Termination of agency contract—Effect on
insured—Definition—Application of section. (Effective
July 1, 2009.) (1) No insurer authorized to do business in this
state may cancel or refuse to renew any policy because that
insurer’s contract with the independent insurance producer
through whom such policy is written has been terminated by
the insurer, the insurance producer, or by mutual agreement.
(2) If an insurer intends to terminate a written agency
contract with an independent insurance producer, the insurer
shall give the insurance producer not less than one hundred
twenty days’ advance written notice of the intent, unless the
reason for termination is one of the reasons set forth in RCW
48.17.530. During the notice period the insurer shall not
amend the existing contract without the consent of the insurance producer.
(a) Unless the agency contract provides otherwise, during the one hundred twenty day notice period the independent
insurance producer shall not write or bind any new business
on behalf of the terminating insurer without specific written
approval. However, routine adjustments by insureds are permitted. The terminating insurer shall permit renewal of all its
policies in the insurance producer’s book of business for a
period of one year following the effective date of the termination, to the extent the policies meet the insurer’s underwriting
standards and the insurer has no other reason for nonrenewal.
The rate of commission for any policies renewed under this
provision shall be the same as the insurance producer would
have received had the agency agreement not been terminated.
(b) An independent insurance producer whose agency
contract has been terminated shall have a reasonable opportunity to transfer affected policies to other insurers with which
the insurance producer has an appointment: PROVIDED,
HOWEVER, That prior to the conclusion of the one-year
renewal period following the effective date of the termination, an insurer without a reason for not renewing an
insured’s policy and which has not received notification of
the placement of such policy with another insurer shall provide its insured with appropriate written notice of an offer to
48.17.591
[Title 48 RCW—page 105]
48.17.595
Title 48 RCW: Insurance
continue the policy. In such cases, except where the terminated insurance producer has placed the policy with another
agent of the insurer, the insurer shall, where practical, assign
the policy to an appointed insurance producer located reasonably near the insured willing to accept the assignment.
(c) An insurer is not required to continue the appointment of a terminated independent insurance producer during
or after the one year renewal period. However, an insurance
producer whose contract has been terminated by the insurer
remains an agent of the terminating insurer as to actions associated with the policies subject to this section just as if the
insurance producer were appointed by the insurer as its agent.
(3) In the absence of receipt of notice from the insured
that coverage will not be continued with the existing insurer,
an insurer whose agency contract has been terminated by an
independent insurance producer, or by the mutual agreement
of the insurer and the insurance producer, that elects to renew
or lacks a reason not to renew, shall give the renewal notice
required by chapter 48.18 RCW to affected insureds, and
continue renewed coverage in accordance with the methods
specified in subsection (2)(b) of this section. Insurance producers affected by this subsection may provide the notice to
an insurer that an insured does not intend to continue existing
coverage with the insurer, after receiving written authority to
do so from an insured.
(4) For purposes of this section an "independent insurance producer" is a licensed insurance producer representing
an insurer on an independent contractor basis and not as an
employee. This term includes only those insurance producers
not obligated by contract to place insurance accounts with a
particular insurer or group of insurers.
(5) This section does not apply to:
(a) Insurance producers or policies of an insurer or group
of insurers if the business is not owned by the insurance producer and the termination of any such contractual agreement
does not result in the cancellation or nonrenewal of any policies of insurance;
(b) Managing general agents, to the extent that they are
acting in that capacity;
(c) Life, disability, surety, ocean marine and foreign
trade, and title insurance policies;
(d) Situations where the termination of the agency contract results from the insolvency or liquidation of the terminating insurer.
(6) No insurer may terminate its agency contract with an
appointed insurance producer unless it complies with this
section.
(7) Nothing contained in this section excuses an insurer
from giving cancellation and renewal notices that may be
required by chapter 48.18 RCW. [2007 c 117 § 31; 1990 c
121 § 1. Formerly RCW 48.18.285.]
48.17.595 Termination of business relationship with
an insurance producer or title insurance agent—Notice—
Confidentiality of information—Immunity from civil liability. (Effective July 1, 2009.) (1) An insurer or authorized
representative of the insurer that terminates the appointment,
employment, contract, or other insurance business relationship with an insurance producer or title insurance agent shall
notify the commissioner within thirty days following the
effective date of the termination, using a format prescribed by
48.17.595
[Title 48 RCW—page 106]
the commissioner, if the reason for termination is one of the
reasons set forth in RCW 48.17.530 or the insurer has knowledge the insurance producer or title insurance agent was
found by a court, government body, or self-regulatory organization authorized by law to have engaged in any of the activities in RCW 48.17.530. Upon the written request of the
commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the insurance producer or title insurance agent.
(2) An insurer or authorized representative of the insurer
that terminates the appointment, employment, or contract
with an insurance producer or title insurance agent for any
reason not set forth in RCW 48.17.530, shall notify the commissioner within thirty days following the effective date of
the termination, using a format prescribed by the commissioner. Upon written request of the commissioner, the
insurer shall provide additional information, documents,
records, or other data pertaining to the termination.
(3) The insurer or the authorized representative of the
insurer shall promptly notify the commissioner in a format
acceptable to the commissioner if, upon further review or
investigation, the insurer discovers additional information
that would have been reportable to the commissioner in
accordance with subsection (1) of this section had the insurer
then known of its existence.
(4) A copy of the notification to the commissioner shall
be provided to the insurance producer or title insurance agent.
(a) Within fifteen days after making the notification
required by subsections (1), (2), and (3) of this section, the
insurer shall mail a copy of the notification to the insurance
producer or title insurance agent at the insurance producer’s
or title insurance agent’s last known address. If the insurance
producer or title insurance agent is terminated for cause for
any of the reasons listed in RCW 48.17.530, the insurer shall
provide a copy of the notification to the insurance producer or
title insurance agent at the insurance producer’s or title insurance agent’s last known address by certified mail, return
receipt requested, postage prepaid, or by overnight delivery
using a nationally recognized carrier.
(b) Within thirty days after the insurance producer or
title insurance agent has received the original or additional
notification, the insurance producer or title insurance agent
may file written comments concerning the substance of the
notification with the commissioner. The insurance producer
or title insurance agent shall, by the same means, simultaneously send a copy of the comments to the reporting insurer,
and the comments shall become a part of the commissioner’s
file and accompany every copy of a report distributed or disclosed for any reason about the insurance producer or title
insurance agent as permitted under subsection (6) of this section.
(5) Immunities shall apply as follows:
(a) In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer,
title insurance agent, the commissioner, or an organization of
which the commissioner is a member and that compiles the
information and makes it available to other insurance commissioners or regulatory or law enforcement agencies shall
not be subject to civil liability, and a civil cause of action of
any nature shall not arise against these entities or their respec(2008 Ed.)
Agents, Brokers, Solicitors, and Adjusters
tive agents or employees, as a result of any statement or information required by or provided under this section, or any
information relating to any statement that may be requested
in writing by the commissioner, from an insurer, insurance
producer, or title insurance agent; or a statement by a terminating insurer, insurance producer, or title insurance agent to
an insurer, insurance producer, or title insurance agent limited solely and exclusively to whether a termination for cause
under subsection (1) of this section was reported to the commissioner, provided that the propriety of any termination for
cause under subsection (1) of this section is certified in writing by an officer or authorized representative of the insurer,
insurance producer, or title insurance agent terminating the
relationship.
(b) In any action brought against a person that may have
immunity under (a) of this subsection for making any statement required by this section or providing any information
relating to any statement that may be requested by the commissioner, the party bringing the action shall plead specifically in any allegation that (a) of this subsection does not
apply because the person making the statement or providing
the information did so with actual malice.
(c) Subsection (5)(a) or (b) of this section shall not abrogate or modify any existing statutory or common law privileges or immunities.
(6) Information provided under this section is confidential.
(a) Any documents, materials, or other information in the
control or possession of the commissioner that is furnished
by an insurer, insurance producer, title insurance agent, or an
employee or agent thereof acting on behalf of the insurer,
insurance producer, or title insurance agent, or obtained by
the commissioner in an investigation pursuant to this section
shall be confidential by law and privileged, shall not be subject to disclosure under chapter 42.56 RCW, shall not be subject to subpoena, and shall not be subject to discovery or
admissible in evidence in any private civil action. However,
the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner’s duties.
(b) Neither the commissioner nor any person who
received documents, materials, or other information while
acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential or privileged documents, materials,
or information subject to (a) of this subsection.
(c) In order to assist in the performance of the commissioner’s duties under chapter 117, Laws of 2007 and in accordance with RCW 48.02.065, the commissioner:
(i) May share documents, materials, or other information, including the confidential and privileged documents,
materials, or information subject to (a) of this subsection,
with other state, federal, and international regulatory agencies, with the NAIC, its affiliates, or subsidiaries, and with
state, federal, and international law enforcement authorities,
provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other
information;
(ii) May receive documents, materials, or information,
including otherwise confidential and privileged documents,
materials, or information, from the NAIC, its affiliates, or
(2008 Ed.)
48.17.600
subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall
maintain as confidential or privileged any document, material, or information received with notice or the understanding
that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
(iii) May enter into agreements governing sharing and
use of information consistent with this subsection.
(d) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information
shall occur as a result of disclosure to the commissioner
under this section or as a result of sharing as authorized in
subsection (5)(c) of this section.
(e) Nothing in this chapter shall prohibit the commissioner from releasing final, adjudicated actions including for
cause terminations that are open to public inspection pursuant
to chapter 42.56 RCW to a database or other clearinghouse
service maintained by the NAIC, its affiliates, or subsidiaries.
(7) An insurer, the authorized representative of the
insurer, insurance producer, or title insurance agent that fails
to report as required under the provisions of this section or
that is found to have reported with actual malice by a court of
competent jurisdiction may, after notice and hearing, have its
license or certificate of authority suspended or revoked, and
may be fined in accordance with this title. [2007 c 117 § 32.]
48.17.597 Administrative action taken against a licensee in another jurisdiction or governmental agency—
Report to commissioner. (Effective July 1, 2009.) (1) An
insurance producer, title insurance agent, or adjuster shall
report to the commissioner any administrative action taken
against the insurance producer, title insurance agent, or
adjuster in another jurisdiction or by another governmental
agency in this state within thirty days of the final disposition
of the matter. This report shall include a copy of the order,
consent to order, or other relevant legal documents.
(2) Within thirty days of the initial pretrial hearing date,
an insurance producer, title insurance agent, or adjuster shall
report to the commissioner any criminal prosecution of the
insurance producer, title insurance agent, or adjuster taken in
any jurisdiction. The report shall include a copy of the initial
complaint filed, the order resulting from the hearing, and any
other relevant legal documents. [2007 c 117 § 34.]
48.17.597
48.17.600 Separation of premium funds. (Effective
until July 1, 2009.) (1) All funds representing premiums or
return premiums received by an agent, solicitor or broker in
his or her fiduciary capacity shall be accounted for and maintained in a separate account from all other business and personal funds.
(2) An agent, solicitor or broker shall not commingle or
otherwise combine premiums with any other moneys, except
as provided in subsection (3) of this section.
(3) An agent, solicitor or broker may commingle with
premium funds any additional funds as he or she may deem
prudent for the purpose of advancing premiums, establishing
reserves for the paying of return premiums, or for any contingencies as may arise in his or her business of receiving and
transmitting premium or return premium funds.
48.17.600
[Title 48 RCW—page 107]
48.17.600
Title 48 RCW: Insurance
(4) Each willful violation of this section shall constitute
a misdemeanor.
(5) This section shall not apply to agents for title insurance companies or insurance brokers whose average daily
balance for premiums received on behalf of insureds in the
state of Washington equals or exceeds one million dollars.
[1988 c 248 § 15; 1986 c 69 § 1.]
Effective date—1986 c 69: "This act shall take effect on January 1,
1987." [1986 c 69 § 2.]
48.17.600 Separation of premium funds. (Effective
July 1, 2009.) (1) All funds representing premiums or return
premiums received by an insurance producer or title insurance agent in the insurance producer’s or title insurance
agent’s fiduciary capacity shall be accounted for and maintained in a separate account from all other business and personal funds.
(2) An insurance producer or title insurance agent shall
not commingle or otherwise combine premiums with any
other moneys, except as provided in subsection (3) of this
section.
(3) An insurance producer or title insurance agent may
commingle with premium funds any additional funds as the
insurance producer or title insurance agent may deem prudent
for the purpose of advancing premiums, establishing reserves
for the paying of return premiums, or for any contingencies
as may arise in the insurance producer’s or title insurance
agent’s business of receiving and transmitting premium or
return premium funds.
(4) Each willful violation of this section shall constitute
a misdemeanor. [2007 c 117 § 33; 1988 c 248 § 15; 1986 c
69 § 1.]
48.17.600
Effective date—1986 c 69: "This act shall take effect on January 1,
1987." [1986 c 69 § 2.]
48.17.900 Severability—2007 c 117. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 117 § 38.]
48.17.900
48.17.901 Effective date—2007 c 117. This act takes
effect July 1, 2009. [2007 c 117 § 40.]
48.17.901
Chapter 48.18
Chapter 48.18 RCW
THE INSURANCE CONTRACT
Sections
48.18.010
48.18.020
48.18.030
48.18.040
48.18.050
48.18.060
48.18.070
48.18.080
48.18.090
48.18.100
48.18.103
48.18.110
48.18.120
48.18.125
48.18.130
48.18.140
48.18.150
48.18.160
48.18.170
48.18.180
48.18.190
48.18.200
48.18.210
48.18.220
48.18.230
48.18.240
48.18.250
48.18.260
48.18.280
48.18.289
48.18.290
48.18.2901
48.18.291
48.18.292
48.18.293
48.18.295
48.18.296
48.18.297
48.18.298
48.18.299
48.18.300
48.18.310
48.18.320
48.18.340
48.18.350
48.18.360
48.18.370
48.18.375
48.18.390
48.18.400
48.18.410
48.18.420
48.18.430
48.18.440
48.18.450
48.18.452
48.18.460
48.18.470
48.18.480
48.18.510
48.18.520
48.18.540
48.18.543
48.18.545
48.18.547
Scope of chapter.
Power to contract.
Insurable interest—Personal insurances—Nonprofit organizations—Rules.
Insurable interest—Property insurances.
Named insured—Interest insured.
Application—Consent—When required.
Alteration of application.
Application as evidence.
Warranties and misrepresentations, effect of.
Forms of policies—Filing, certification, and approval—
Exceptions.
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
Grounds for disapproval.
Standard forms.
[Title 48 RCW—page 108]
48.18.550
48.18.553
48.18.555
48.18.565
48.18.570
48.18.580
48.18.583
48.18.586
Loss payable and mortgagee clauses for property and automobile physical damage insurances—Requirement to use
adopted forms.
Standard provisions.
Contents of policies in general.
Additional contents.
Charter or bylaw provisions.
"Premium" defined.
Stated premium must include all charges.
Policy must contain entire contract.
Limiting actions, jurisdiction.
Execution of policies.
Receipt of premium to bind coverage—Contents of receipt.
Binders—Duration—Premium.
Binders—Agent’s liability.
Underwriters’ and combination policies.
Delivery of policy.
Renewal of policy.
Cancellation, nonrenewal, renewal offer—Notice to agent.
Cancellation by insurer.
Renewal required—Exceptions.
Cancellation of private automobile insurance by insurer—
Notice—Requirements.
Refusal to renew private automobile insurance by insurer—
Change in amount of premium or deductibles.
Nonliability of commissioner, agents, insurer for information
giving reasons for cancellation or refusal to renew—Proof of
mailing of notice.
RCW 48.18.290 through 48.18.297 not to prevent cancellation
or nonrenewal, when.
Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.
Private passenger automobile defined.
Disability insurance—Refusal to renew by insurer.
Disability insurance—Cancellation by insurer.
Cancellation by insured.
Cancellation by commissioner.
Annulment of liability policies.
Dividends payable to real party in interest.
Breach of warranty prior to loss—Effect.
Assignment of policies—Life and disability.
Payment discharges insurer—Life and disability.
Assignment of interests under group insurance policy.
Simultaneous deaths—Payment of proceeds—Life insurance.
Exemption of proceeds—Disability.
Exemption of proceeds—Life.
Exemption of proceeds—Group life.
Exemption of proceeds, commutation—Annuities.
Spouse’s rights in life insurance policy.
Life insurance payable to trustee named as beneficiary in the
policy.
Life insurance designating as beneficiary a trustee named by
will.
Proof of loss—Furnishing forms—May require oath.
Claims administration—Not waiver.
Discrimination prohibited.
Validity of noncomplying forms.
Construction of policies.
Cancellations, denials, refusals to renew—Written notification.
Single premium credit insurance—Residential mortgage
loan—Restrictions—Definitions.
Underwriting restrictions that apply to personal insurance—
Credit history or insurance score—Rules.
Underwriting restrictions that apply to medical malpractice
insurance—Rules.
Victims of domestic abuse—Prohibition on certain cancellations, denials, refusals to renew, and different rates—
Domestic abuse defined.
Victims of malicious harassment—Restrictions of underwriting actions—Definitions.
Property insurance—Actions resulting from arson or malicious mischief—Definitions.
Homeowner’s insurance—Foster parent.
Life insurance—Lawful travel destinations.
Employer-owned life insurance—Requirements.
Employer-owned life insurance—Application to policies.
Employer-owned life insurance—Rules.
Exemptions of proceeds of insurance on exempt property: RCW 6.15.030.
False claims or proof: RCW 48.30.230.
Misrepresentation in application: RCW 48.30.210.
(2008 Ed.)
The Insurance Contract
48.18.010 Scope of chapter. This chapter applies to
insurances other than ocean marine and foreign trade insurances. [2005 c 337 § 2; 1947 c 79 § .18.01; Rem. Supp. 1947
§ 45.18.01.]
48.18.010
Finding—Intent—2005 c 337: See note following RCW 48.18.030.
48.18.020 Power to contract. (1) Any person eighteen
years or older shall be considered of full legal age and may
contract for or with respect to insurance. Any person seventeen years or younger shall be considered a minor for purposes of Title 48 RCW.
(2) A minor not less than fifteen years of age as at nearest
birthday may, notwithstanding such minority, contract for
life or disability insurance on his own life or body, for his
own benefit or for the benefit of his father, mother, spouse,
child, brother, sister, or grandparent, and may exercise all
rights and powers with respect to or under the contract as
though of full legal age, and may surrender his interest
therein and give a valid discharge for any benefit accruing or
money payable thereunder. The minor shall not, by reason of
his minority, be entitled to rescind, avoid, or repudiate the
contract, or any exercise of a right or privilege thereunder,
except, that such minor, not otherwise emancipated, shall not
be bound by any unperformed agreement to pay, by promissory note or otherwise any premium on any such insurance
contract. [1973 1st ex.s. c 163 § 2; 1970 ex.s. c 17 § 4; 1947
c 79 § .18.02; Rem. Supp. 1947 § 45.18.02.]
48.18.020
48.18.030 Insurable interest—Personal insurances—
Nonprofit organizations—Rules. (1) Any individual of
competent legal capacity may insure his or her own life or
body for the benefit of any person. A person may not insure
the life or body of another individual unless the benefits
under the contract are payable to the individual insured or the
individual’s personal representative, or to a person having, at
the time when the contract was made, an insurable interest in
the individual insured.
(2) If the beneficiary, assignee or other payee under any
contract made in violation of this section receives from the
insurer any benefits accruing upon the death, disability, or
injury of the individual insured, the individual insured or the
individual’s executor or administrator may maintain an
action to recover any benefits from the person receiving
them.
(3)(a) "Insurable interest" as used in this section and in
RCW 48.18.060 includes only the following interests:
(i) In the case of individuals related closely by blood or
by law, a substantial interest engendered by love and affection; and
(ii) In the case of other persons, a lawful and substantial
economic interest in having the life, health, or bodily safety
of the individual insured continue, as distinguished from an
interest that would arise only by, or would be enhanced in
value by, the death, disability, or injury of the individual
insured.
(b) An individual who is party to a contract or option for
the purchase or sale of an interest in a business partnership or
firm, or of shares of stock of a close corporation or of an
interest in those shares, has an insurable interest in the life of
each individual party to the contract and for the purposes of
48.18.030
(2008 Ed.)
48.18.030
that contract only, in addition to any insurable interest that
may otherwise exist as to the life of such individual.
(c) A guardian, trustee, or other fiduciary has an insurable interest in the life of any person for whose benefit the
fiduciary holds property, and in the life of any other individual in whose life the person has an insurable interest.
(d) Subject to rules adopted under subsection (4) of this
section, upon joint application with a nonprofit organization
for, or transfer to a nonprofit organization of, an insurance
policy on the life of a person naming the organization as
owner and beneficiary, a nonprofit organization’s interest in
the life of a person if:
(i) The nonprofit organization was established exclusively for religious, charitable, scientific, literary, or educational purposes, or to promote amateur athletic competition,
to conduct testing for public safety, or to prevent cruelty to
children or animals; and
(ii) The nonprofit organization:
(A) Has existed for a minimum of five years; or
(B) Has been issued a certificate of exemption to conduct
a charitable gift annuity business under RCW 48.38.010, or is
authorized to conduct a charitable gift annuity business under
RCW 28B.10.485; or
(C) Has been organized, and at all times has been operated, exclusively for benefit of, to perform the functions of,
or to carry out the purposes of one or more nonprofit organizations described in (d)(ii)(A) or (B) of this subsection and is
operated, supervised, or controlled by or in connection with
one or more of those nonprofit organizations; and
(iii) For a joint application, the person is not an
employee, officer, or director of the organization who
receives significant compensation from the organization and
who became affiliated with the organization in that capacity
less than one year before the joint application.
(4) The commissioner may adopt rules governing joint
applications for, and transfers of, life insurance under subsection (3)(d) of this section. The rules may include:
(a) Standards for full and fair disclosure that set forth the
manner, content, and required disclosure for the sale of life
insurance issued under subsection (3)(d) of this section; and
(b) For joint applications, a grace period of thirty days
during which the insured person may direct the nonprofit
organization to return the policy and the insurer to refund any
premium paid to the party that, directly or indirectly, paid the
premium; and
(c) Standards for granting an exemption from the fiveyear existence requirement of subsection (3)(d)(ii)(A) of this
section to a private foundation that files with the insurance
commissioner documents, stipulations, and information as
the insurance commissioner may require to carry out the purpose of subsection (3)(d) of this section.
(5) Nothing in this section permits the personal representative of the insured’s estate to recover the proceeds of a policy on the life of a deceased insured person that was applied
for jointly by, or transferred to, an organization covered by
subsection (3)(d) of this section, where the organization was
named owner and beneficiary of the policy.
This subsection applies to all life insurance policies
applied for by, or transferred to, an organization covered by
subsection (3)(d) of this section, regardless of the time of
application or transfer and regardless of whether the organi[Title 48 RCW—page 109]
48.18.040
Title 48 RCW: Insurance
zation would have been covered at the time of application or
transfer. [2005 c 337 § 3; 1992 c 51 § 1; 1973 1st ex.s. c 89
§ 3; 1947 c 79 § .18.03; Rem. Supp. 1947 § 45.18.03.]
Finding—Intent—2005 c 337: "The legislature finds that there is a
long-standing principle that corporations have an insurable interest in the
lives of key personnel. Nationally, some corporations have begun to insure
the lives of personnel that have not met the insurable interest standard of
Washington. Entry-level workers have been insured by their corporate
employer for the benefit of the corporate employer. The legislature intends
to clarify this subject and preclude corporations from insuring the lives of
employees when the employees are not key personnel and the corporations
have no insurable interest in the lives of those employees." [2005 c 337 § 1.]
Use of trust funds by fiduciaries for life insurance: RCW 11.110.120.
48.18.040 Insurable interest—Property insurances.
(1) No contract of insurance on property or of any interest
therein or arising therefrom shall be enforceable except for
the benefit of persons having an insurable interest in the
things insured.
(2) "Insurable interest" as used in this section means any
lawful and substantial economic interest in the safety or preservation of the subject of the insurance free from loss,
destruction, or pecuniary damage. [1947 c 79 § .18.04; Rem.
Supp. 1947 § 45.18.04.]
48.18.040
48.18.050 Named insured—Interest insured. When
the name of a person intended to be insured is specified in the
policy, such insurance can be applied only to his own proper
interest. This section shall not apply to life and disability
insurances. [1947 c 79 § .18.05; Rem. Supp. 1947 §
45.18.05.]
48.18.050
48.18.060 Application—Consent—When required.
A life or disability insurance contract upon an individual may
not be made or take effect unless at the time the contract is
made the individual insured applies for or consents to the
contract in writing, except in the following cases:
(1) A spouse may insure the life of the other spouse.
(2) Any person having an insurable interest in the life of
a minor, or any person upon whom a minor is dependent for
support and maintenance, may insure the life of the minor.
(3) A contract of group or blanket disability insurance
may be effectuated upon an individual.
(4) A contract of group life insurance may be effectuated
upon an individual, except as otherwise provided in RCW
48.18.580. [2005 c 337 § 5; 1947 c 79 § .18.06; Rem. Supp.
1947 § 45.18.06.]
48.18.060
Finding—Intent—2005 c 337: See note following RCW 48.18.030.
48.18.070 Alteration of application. (1) Any application for insurance in writing by the applicant shall be altered
solely by the applicant or by his written consent, except that
insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearly that such
insertions are not to be ascribed to the applicant. Violation of
this provision shall be a misdemeanor.
(2) Any insurer issuing an insurance contract upon such
an application unlawfully altered by its officer, employee, or
agent shall not have available in any action arising out of
such contract, any defense which is based upon the fact of
such alteration, or as to any item in the application which was
so altered. [1947 c 79 § .18.07; Rem. Supp. 1947 § 45.18.07.]
48.18.070
[Title 48 RCW—page 110]
48.18.080 Application as evidence. (1) No application
for the issuance of any insurance policy or contract shall be
admissible in evidence in any action relative to such policy or
contract, unless a true copy of the application was attached to
or otherwise made a part of the policy when issued and delivered. This provision shall not apply to policies or contracts of
industrial life insurance.
(2) If any policy of life or disability insurance delivered
in this state is reinstated or renewed, and the insured or the
beneficiary or assignee of the policy makes written request to
the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen days
after receipt of such request at its home office or at any of its
branch offices, deliver or mail to the person making such
request, a copy of such application. If such copy is not so
delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or
renewal. [1947 c 79 § .18.08; Rem. Supp. 1947 § 45.18.08.]
48.18.080
48.18.090 Warranties and misrepresentations, effect
of. (1) Except as provided in subsection (2) of this section, no
oral or written misrepresentation or warranty made in the
negotiation of an insurance contract, by the insured or in his
behalf, shall be deemed material or defeat or avoid the contract or prevent it attaching, unless the misrepresentation or
warranty is made with the intent to deceive.
(2) In any application for life or disability insurance
made in writing by the insured, all statements therein made
by the insured shall, in the absence of fraud, be deemed representations and not warranties. The falsity of any such statement shall not bar the right to recovery under the contract
unless such false statement was made with actual intent to
deceive or unless it materially affected either the acceptance
of the risk or the hazard assumed by the insurer. [1947 c 79
§ .18.09; Rem. Supp. 1947 § 45.18.09.]
48.18.090
48.18.100 Forms of policies—Filing, certification,
and approval—Exceptions. (Effective until July 1, 2009.)
(1) No insurance policy form or application form where written application is required and is to be attached to the policy,
or printed life or disability rider or endorsement form may be
issued, delivered, or used unless it has been filed with and
approved by the commissioner. This section does not apply
to:
(a) Surety bond forms;
(b) Forms filed under RCW 48.18.103;
(c) Forms exempted from filing requirements by the
commissioner under RCW 48.18.103;
(d) Manuscript policies, riders, or endorsements of
unique character designed for and used with relation to insurance upon a particular subject; or
(e) Contracts of insurance procured under the provisions
of chapter 48.15 RCW.
(2) Every such filing containing a certification, in a form
approved by the commissioner, by either the chief executive
officer of the insurer or by an actuary who is a member of the
American academy of actuaries, attesting that the filing complies with Title 48 RCW and Title 284 of the Washington
Administrative Code, may be used by the insurer immediately after filing with the commissioner. The commissioner
48.18.100
(2008 Ed.)
The Insurance Contract
may order an insurer to cease using a certified form upon the
grounds set forth in RCW 48.18.110. This subsection does
not apply to certain types of policy forms designated by the
commissioner by rule.
(3) Except as provided in RCW 48.18.103, every filing
that does not contain a certification pursuant to subsection (2)
of this section must be made not less than thirty days in
advance of issuance, delivery, or use. At the expiration of the
thirty days, the filed form shall be deemed approved unless
prior thereto it has been affirmatively approved or disapproved by order of the commissioner. The commissioner
may extend by not more than an additional fifteen days the
period within which he or she may affirmatively approve or
disapprove any form, by giving notice of the extension before
expiration of the initial thirty-day period. At the expiration of
the period that has been extended, and in the absence of prior
affirmative approval or disapproval, the form shall be
deemed approved. The commissioner may withdraw any
approval at any time for cause. By approval of any form for
immediate use, the commissioner may waive any unexpired
portion of the initial thirty-day waiting period.
(4) The commissioner’s order disapproving any form or
withdrawing a previous approval must state the grounds for
disapproval.
(5) No form may knowingly be issued or delivered as to
which the commissioner’s approval does not then exist.
(6) The commissioner may, by rule, exempt from the
requirements of this section any class or type of insurance
policy forms if filing and approval is not desirable or necessary for the protection of the public.
(7) Every member or subscriber to a rating organization
must adhere to the form filings made on its behalf by the
organization. Deviations from the organization are permitted
only when filed with the commissioner in accordance with
this chapter.
(8) Medical malpractice insurance form filings are subject to the provisions of this section. [2006 c 8 § 214; 2005 c
223 § 8; 1997 c 428 § 3; 1989 c 25 § 1; 1982 c 181 § 16; 1947
c 79 § .18.10; Rem. Supp. 1947 § 45.18.10.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—1989 c 25: "This act shall take effect on September 1,
1989." [1989 c 25 § 10.]
Severability—1982 c 181: See note following RCW 48.03.010.
Format of disability policies: RCW 48.20.012.
48.18.100 Forms of policies—Filing, certification,
and approval—Exceptions. (Effective July 1, 2009.) (1)
No insurance policy form or application form where written
application is required and is to be attached to the policy, or
printed life or disability rider or endorsement form may be
issued, delivered, or used unless it has been filed with and
approved by the commissioner. This section does not apply
to:
(a) Surety bond forms;
(b) Forms filed under RCW 48.18.103;
(c) Forms exempted from filing requirements by the
commissioner under RCW 48.18.103;
(d) Manuscript policies, riders, or endorsements of
unique character designed for and used with relation to insurance upon a particular subject; or
48.18.100
(2008 Ed.)
48.18.100
(e) Contracts of insurance procured under the provisions
of chapter 48.15 RCW.
(2) Every such filing containing a certification, in a form
approved by the commissioner, by either the chief executive
officer of the insurer or by an actuary who is a member of the
American academy of actuaries, attesting that the filing complies with Title 48 RCW and Title 284 of the Washington
Administrative Code, may be used by the insurer immediately after filing with the commissioner. The commissioner
may order an insurer to cease using a certified form upon the
grounds set forth in RCW 48.18.110. This subsection does
not apply to certain types of policy forms designated by the
commissioner by rule.
(3) Except as provided in RCW 48.18.103, every filing
that does not contain a certification pursuant to subsection (2)
of this section must be made not less than thirty days in
advance of issuance, delivery, or use. At the expiration of the
thirty days, the filed form shall be deemed approved unless
prior thereto it has been affirmatively approved or disapproved by order of the commissioner. The commissioner
may extend by not more than an additional fifteen days the
period within which he or she may affirmatively approve or
disapprove any form, by giving notice of the extension before
expiration of the initial thirty-day period. At the expiration of
the period that has been extended, and in the absence of prior
affirmative approval or disapproval, the form shall be
deemed approved. The commissioner may withdraw any
approval at any time for cause. By approval of any form for
immediate use, the commissioner may waive any unexpired
portion of the initial thirty-day waiting period.
(4) The commissioner’s order disapproving any form or
withdrawing a previous approval must state the grounds for
disapproval.
(5) No form may knowingly be issued or delivered as to
which the commissioner’s approval does not then exist.
(6) The commissioner may, by rule, exempt from the
requirements of this section any class or type of insurance
policy forms if filing and approval is not desirable or necessary for the protection of the public.
(7) Every member or subscriber to a rating organization
must adhere to the form filings made on its behalf by the
organization. Deviations from the organization are permitted
only when filed with the commissioner in accordance with
this chapter.
(8) Medical malpractice insurance form filings are subject to the provisions of this section.
(9) Variable contract forms; disability insurance policy
forms; individual life insurance policy forms; life insurance
policy illustration forms; industrial life insurance contract,
individual medicare supplement insurance policy, and
long-term care insurance policy forms, which are amended
solely to comply with the changes in nomenclature required
by RCW 48.18A.035, 48.20.013, 48.20.042, 48.20.072,
48.23.380, 48.23A.040, 48.23A.070, 48.25.140, 48.66.120,
and 48.76.090 are exempt from this section. [2008 c 217 §
12; 2006 c 8 § 214; 2005 c 223 § 8; 1997 c 428 § 3; 1989 c 25
§ 1; 1982 c 181 § 16; 1947 c 79 § .18.10; Rem. Supp. 1947 §
45.18.10.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
[Title 48 RCW—page 111]
48.18.103
Title 48 RCW: Insurance
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—1989 c 25: "This act shall take effect on September 1,
1989." [1989 c 25 § 10.]
Severability—1982 c 181: See note following RCW 48.03.010.
Format of disability policies: RCW 48.20.012.
48.18.103 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial
property casualty insurance by allowing policies to be issued
more expeditiously and provide a more competitive market
for forms.
(2) Commercial property casualty policies may be issued
prior to filing the forms.
(3) All commercial property casualty forms must be filed
with the commissioner within thirty days after an insurer
issues any policy using them. This subsection does not apply
to:
(a) Types or classes of forms that the commissioner
exempts from filing by rule; and
(b) Manuscript policies, riders, or endorsements of
unique character designed for and used with relation to insurance upon a particular subject.
(4) If, within thirty days after a commercial property
casualty form has been filed, the commissioner finds that the
form does not meet the requirements of this chapter, the commissioner shall disapprove the form and give notice to the
insurer or rating organization that made the filing, specifying
how the form fails to meet the requirements and stating when,
within a reasonable period thereafter, the form shall be
deemed no longer effective. The commissioner may extend
the time for review an additional fifteen days by giving notice
to the insurer prior to the expiration of the original thirty-day
period.
(5) Upon a final determination of a disapproval of a policy form under subsection (4) of this section, the insurer must
amend any previously issued disapproved form by endorsement to comply with the commissioner’s disapproval.
(6) For purposes of this section, "commercial property
casualty" means insurance pertaining to a business, profession, occupation, nonprofit organization, or public entity for
the lines of property and casualty insurance defined in RCW
48.11.040, 48.11.050, 48.11.060, or 48.11.070, but does not
mean medical malpractice insurance.
(7) Except as provided in subsection (5) of this section,
the disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
(8) Every member or subscriber to a rating organization
must adhere to the form filings made on its behalf by the
organization. An insurer may deviate from forms filed on its
behalf by an organization only if the insurer files the forms
with the commissioner in accordance with this chapter.
(9) In the event a hearing is held on the actions of the
commissioner under subsection (4) of this section, the burden
of proof shall be on the commissioner. [2006 c 8 § 215; 2005
c 223 § 9; 2003 c 248 § 4; 1997 c 428 § 1.]
48.18.103
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
[Title 48 RCW—page 112]
48.18.110 Grounds for disapproval. (1) The commissioner shall disapprove any such form of policy, application,
rider, or endorsement, or withdraw any previous approval
thereof, only:
(a) If it is in any respect in violation of or does not comply with this code or any applicable order or regulation of the
commissioner issued pursuant to the code; or
(b) If it does not comply with any controlling filing
theretofore made and approved; or
(c) If it contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and
conditions which unreasonably or deceptively affect the risk
purported to be assumed in the general coverage of the contract; or
(d) If it has any title, heading, or other indication of its
provisions which is misleading; or
(e) If purchase of insurance thereunder is being solicited
by deceptive advertising.
(2) In addition to the grounds for disapproval of any such
form as provided in subsection (1) of this section, the commissioner may disapprove any form of disability insurance
policy if the benefits provided therein are unreasonable in
relation to the premium charged. Rates, or any modification
of rates effective on or after July 1, 2008, for individual
health benefit plans may not be used until sixty days after
they are filed with the commissioner. If the commissioner
does not disapprove a rate filing within sixty days after the
ins urer h as filed th e d ocu m ents requ ired in R CW
48.20.025(2) and any rules adopted pursuant thereto, the filing shall be deemed approved. [2008 c 303 § 1; 2000 c 79 §
2; 1985 c 264 § 9; 1982 c 181 § 9; 1947 c 79 § .18.11; Rem.
Supp. 1947 § 45.18.11.]
48.18.110
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Severability—1982 c 181: See note following RCW 48.03.010.
48.18.120 Standard forms. (1) The commissioner
shall, after hearing, from time to time promulgate such rules
and regulations as may be necessary to define and effect reasonable uniformity in all basic contracts of fire insurance
which are commonly known as the standard form fire policies and may be so referred to in this code, and the usual supplemental coverages, riders, or endorsements thereon or
thereto, to the end that such definitions shall be applied in the
construction of the various sections of this code wherein such
terms are used and that there be a reasonable concurrency of
contract where two or more insurers insure the same subject
and risk. All such forms heretofore approved by the commissioner and for use as of immediately prior to the effective
date of this code, may continue to be so used until the further
order of the commissioner made pursuant to this subsection
or pursuant to any other provision of this code.
(2) The commissioner may from time to time, after hearing, promulgate such rules and regulations as he deems necessary to establish reasonable minimum standard conditions
and terminology for basic benefits to be provided by disability insurance contracts which are subject to chapters 48.20
and 48.21 RCW, for the purpose of expediting his approval of
such contracts pursuant to this code. No such promulgation
shall be inconsistent with standard provisions as required
pursuant to RCW 48.18.130, nor contain requirements incon48.18.120
(2008 Ed.)
The Insurance Contract
sistent with requirements relative to the same benefit provision as formulated or approved by the National Association
of Insurance Commissioners. [1957 c 193 § 10; 1947 c 79 §
.18.12; Rem. Supp. 1947 § 45.18.12.]
48.18.125 Loss payable and mortgagee clauses for
property and automobile physical damage insurances—
Requirement to use adopted forms. The commissioner is
hereby authorized, and shall within a reasonable time following July 30, 1967, adopt standard forms for loss payable and
mortgagee clauses for property and automobile physical
damage insurances, pursuant to the procedures set forth in
RCW 48.18.120(1). Following the adoption of such forms,
no insurer authorized to do business in the state shall use any
form other than those so adopted. [1967 ex.s. c 12 § 1.]
48.18.125
48.18.130 Standard provisions. (1) Insurance contracts shall contain such standard provisions as are required
by the applicable chapters of this code pertaining to contracts
of particular kinds of insurance. The commissioner may
waive the required use of a particular standard provision in a
particular insurance contract form if
(a) he finds such provision unnecessary for the protection of the insured, and inconsistent with the purposes of the
contract, and
(b) the contract is otherwise approved by him.
(2) No insurance contract shall contain any provision
inconsistent with or contradictory to any such standard provision used or required to be used, but the commissioner may,
except as to the standard provisions of individual disability
insurance contracts as required under chapter 48.20 RCW,
approve any provision which is in his opinion more favorable
to the insured than the standard provision or optional standard provision otherwise required. No endorsement, rider, or
other documents attached to such contract shall vary, extend,
or in any respect conflict with any such standard provision, or
with any modification thereof so approved by the commissioner as being more favorable to the insured.
(3) In lieu of the standard provisions required by this
code for contracts for particular kinds of insurance, substantially similar standard provisions required by the law of a foreign or alien insurer’s domicile may be used when approved
by the commissioner. [1947 c 79 § .18.13; Rem. Supp. 1947
§ 45.18.13.]
48.18.130
Standard provisions
disability: Chapter 48.20 RCW.
group and blanket disability: Chapter 48.21 RCW.
group life and annuities: Chapter 48.24 RCW.
industrial life: Chapter 48.25 RCW.
life insurance and annuities: Chapter 48.23 RCW.
48.18.140 Contents of policies in general. (1) The
written instrument, in which a contract of insurance is set
forth, is the policy.
(2) A policy shall specify:
(a) The names of the parties to the contract. The insurer’s
name shall be clearly shown in the policy.
(b) The subject of the insurance.
(c) The risk insured against.
48.18.140
(2008 Ed.)
48.18.180
(d) The time at which the insurance thereunder takes
effect and the period during which the insurance is to continue.
(e) A statement of the premium, and if other than life,
disability, or title insurance, the premium rate where applicable.
(f) The conditions pertaining to the insurance.
(3) If under the contract the exact amount of premiums is
determinable only at termination of the contract, a statement
of the basis and rates upon which the final premium is to be
determined and paid shall be specified in the policy.
(4)(a) Periodic payment plans for private passenger automobile insurance shall allow a specific day of the month for a
due date for payment of premiums. A late charge may not be
required if payment is received within five days of the date
payment is due.
(b) The commissioner shall adopt rules to implement this
subsection and shall take no disciplinary action against an
insurer until ninety days after the effective date of the rule.
(5) This section shall not apply to surety insurance contracts. [2002 c 344 § 1; 1989 c 25 § 2; 1957 c 193 § 11; 1947
c 79 § .18.14; Rem. Supp. 1947 § 45.18.14.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.18.150 Additional contents. A policy may contain
additional provisions, which are not inconsistent with this
code, and which are
(1) required to be so inserted by the laws of the insurer’s
state of domicile; or
(2) necessary, on account of the manner in which the
insurer is constituted or operated, to state the rights and obligations of the parties to the contract. [1947 c 79 § .18.15;
Rem. Supp. 1947 § 45.18.15.]
48.18.150
48.18.160 Charter or bylaw provisions. No policy
shall contain any provision purporting to make any portion of
the charter, bylaws, or other constituent document of the
insurer a part of the contract unless such portion is set forth in
full in the policy. Any policy provision in violation of this
section shall be invalid. [1947 c 79 § .18.16; Rem. Supp.
1947 § 45.18.16.]
48.18.160
48.18.170 "Premium" defined. "Premium" as used in
this code means all sums charged, received, or deposited as
consideration for an insurance contract or the continuance
thereof. "Premium" does not include a regulatory surcharge
imposed by RCW 48.02.190, except as otherwise provided in
this section. Any assessment, or any "membership," "policy," "survey," "inspection," "service" or similar fee or
charge made by the insurer in consideration for an insurance
contract is deemed part of the premium. [2007 c 153 § 1;
1947 c 79 § .18.17; Rem. Supp. 1947 § 45.18.17.]
48.18.170
48.18.180 Stated premium must include all charges.
(Effective until July 1, 2009.) (1) The premium stated in the
policy shall be inclusive of all fees, charges, premiums, or
other consideration charged for the insurance or for the procurement thereof.
(2) No insurer or its officer, employee, agent, solicitor,
or other representative shall charge or receive any fee, com48.18.180
[Title 48 RCW—page 113]
48.18.180
Title 48 RCW: Insurance
pensation, or consideration for insurance which is not
included in the premium specified in the policy.
(3) Each violation of this section is a gross misdemeanor.
(4) This section does not apply to:
(a) A fee paid to a *broker by an insured as provided in
RCW 48.17.270; or
(b) A regulatory surcharge imposed by RCW 48.02.190.
[2007 c 153 § 2; 1994 c 203 § 2; 1947 c 79 § .18.18; Rem.
Supp. 1947 § 45.18.18.]
*Reviser’s note: 2007 c 117 replaced the terms "agent" and "broker"
with the term "producer," effective July 1, 2009.
48.18.180 Stated premium must include all charges.
(Effective July 1, 2009.) (1) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other
consideration charged for the insurance or for the procurement thereof.
(2) No insurer or its officer, employee, appointed insurance producer, or other representative shall charge or receive
any fee, compensation, or consideration for insurance which
is not included in the premium specified in the policy.
(3) Each violation of this section is a gross misdemeanor.
(4) This section does not apply to:
(a) A fee paid to an insurance producer by an insured as
provided in RCW 48.17.270; or
(b) A regulatory surcharge imposed by RCW 48.02.190.
[2008 c 217 § 13; 2007 c 153 § 2; 1994 c 203 § 2; 1947 c 79
§ .18.18; Rem. Supp. 1947 § 45.18.18.]
48.18.180
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.18.190 Policy must contain entire contract. No
agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a
part of the policy. [1947 c 79 § .18.19; Rem. Supp. 1947 §
45.18.19.]
48.18.190
48.18.200 Limiting actions, jurisdiction. (1) No insurance contract delivered or issued for delivery in this state and
covering subjects located, resident, or to be performed in this
state, shall contain any condition, stipulation, or agreement
(a) requiring it to be construed according to the laws of
any other state or country except as necessary to meet the
requirements of the motor vehicle financial responsibility
laws of such other state or country; or
(b) depriving the courts of this state of the jurisdiction of
action against the insurer; or
(c) limiting right of action against the insurer to a period
of less than one year from the time when the cause of action
accrues in connection with all insurances other than property
and marine and transportation insurances. In contracts of
property insurance, or of marine and transportation insurance, such limitation shall not be to a period of less than one
year from the date of the loss.
(2) Any such condition, stipulation, or agreement in violation of this section shall be void, but such voiding shall not
affect the validity of the other provisions of the contract.
[1947 c 79 § .18.20; Rem. Supp. 1947 § 45.18.20.]
insurer by its officer, employee, or representative duly authorized by the insurer.
(2) A facsimile signature of any such executing officer,
employee or representative may be used in lieu of an original
signature.
(3) No insurance contract heretofore or hereafter issued
and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer
by the imprinted facsimile signature of any individual not
authorized so to execute as of the date of the policy, if the policy is countersigned with the original signature of an individual then so authorized to countersign. [1947 c 79 § .18.21;
Rem. Supp. 1947 § 45.18.21.]
48.18.220 Receipt of premium to bind coverage—
Contents of receipt. (Effective until July 1, 2009.) Where
an agent or other representative of an insurer receipts premium money at the time that agent or representative purports
to bind coverage, the receipt shall state: (a) that it is a binder,
(b) a brief description of the coverage bound, and (c) the
identity of the insurer in which the coverage is bound. This
section does not apply as to life and disability insurances.
[1967 ex.s. c 12 § 2.]
48.18.220
48.18.220 Receipt of premium to bind coverage—
Contents of receipt. (Effective July 1, 2009.) Where an
insurance producer, title insurance agent, or other representative of an insurer receipts premium money at the time that the
insurance producer, title insurance agent, or representative
purports to bind coverage, the receipt shall state: (a) That it
is a binder, (b) a brief description of the coverage bound, and
(c) the identity of the insurer in which the coverage is bound.
This section does not apply as to life and disability insurances. [2008 c 217 § 14; 1967 ex.s. c 12 § 2.]
48.18.220
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.18.200
48.18.210 Execution of policies. (1) Every insurance
contract shall be executed in the name of and on behalf of the
48.18.210
[Title 48 RCW—page 114]
48.18.230 Binders—Duration—Premium. (1) A
"binder" is used to bind insurance temporarily pending the
issuance of the policy. No binder shall be valid beyond the
issuance of the policy as to which it was given, or beyond
ninety days from its effective date, whichever period is the
shorter.
(2) If the policy has not been issued a binder may be
extended or renewed beyond such ninety days upon the commissioner’s written approval, or in accordance with such
rules and regulations relative thereto as the commissioner
may promulgate.
(3) Where the premium used in the binder differs from
the actual policy premium by less than ten dollars, the insurer
shall not be required to notify the insured and may use the
actual policy premium. [1996 c 95 § 1; 1947 c 79 § .18.23;
Rem. Supp. 1947 § 45.18.23.]
48.18.230
48.18.240 Binders—Agent’s liability. (Effective until
July 1, 2009.) The commissioner may suspend or revoke the
license of any agent issuing or purporting to issue any binder
as to any insurer named therein as to which he is not then
authorized so to bind. [1947 c 79 § .18.24; Rem. Supp. 1947
§ 45.18.24.]
48.18.240
(2008 Ed.)
The Insurance Contract
48.18.240 Binders—Insurance producer’s or title
insurance agent’s liability. (Effective July 1, 2009.) The
commissioner may suspend or revoke the license of any
insurance producer or title insurance agent issuing or purporting to issue any binder as to any insurer named therein as to
which he or she is not then authorized so to bind. [2008 c 217
§ 15; 1947 c 79 § .18.24; Rem. Supp. 1947 § 45.18.24.]
48.18.240
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.18.250 Underwriters’ and combination policies.
(1) Two or more authorized insurers may jointly issue, and
shall be jointly and severally liable on, an underwriters’ policy bearing their names. Any one insurer may issue policies
in the name of an underwriter’s department and such policies
shall plainly show the true name of the insurer.
(2) Two or more authorized insurers may, with the commissioner’s approval, issue a combination policy which shall
contain provisions substantially as follows:
(a) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or
amounts thereof, aggregating the full amount of insurance
under the policy.
(b) That service of process, or of any notice or proof of
loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.
(3) This section shall not apply to co-surety obligations.
[1947 c 79 § .18.25; Rem. Supp. 1947 § 45.18.25.]
48.18.250
48.18.260 Delivery of policy. (1) Subject to the
insurer’s requirements as to payment of premium, every policy shall be delivered to the insured or to the person entitled
thereto within a reasonable period of time after its issuance.
(2) In event the original policy is delivered or is so
required to be delivered to or for deposit with any vendor,
mortgagee, or pledgee of any motor vehicle or aircraft, and in
which policy any interest of the vendee, mortgagor, or
pledgor in or with reference to such vehicle or aircraft is
insured, a duplicate of such policy, or memorandum thereof
setting forth the type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy,
shall be delivered by the vendor, mortgagee, or pledgee to
each such vendee, mortgagor, or pledgor named in the policy
or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage
of legal liability for injury to persons or damage to the property of third parties, a conspicuous statement of such fact
shall be printed, written, or stamped on the face of such duplicate policy or memorandum. [1947 c 79 § .18.26; Rem.
Supp. 1947 § 45.18.26.]
48.18.260
Vehicle seller must furnish buyer itemized statement of insurance and other
charges: RCW 46.70.130.
48.18.280 Renewal of policy. Any insurance policy terminating by its terms at a specified expiration date and not
otherwise renewable, may be renewed or extended at the
option of the insurer and upon a currently authorized policy
form and at the premium rate then required therefor for a specific additional period or periods by a certificate or by
endorsement of the policy, and without requiring the issuance
48.18.280
(2008 Ed.)
48.18.290
of a new policy. [1947 c 79 § .18.28; Rem. Supp. 1947 §
45.18.28.]
48.18.289 Cancellation, nonrenewal, renewal offer—
Notice to agent. (Effective until July 1, 2009.) Whenever a
notice of cancellation or nonrenewal or an offer to renew is
furnished to an insured in accord with any provision of this
chapter, a copy of such notice or offer shall be provided
within five working days to the agent on the account or to the
broker of record for the insured. When possible, the copy to
the agent or broker may be provided electronically. [2000 c
220 § 1; 1988 c 249 § 1; 1987 c 14 § 1.]
48.18.289
Effective date—1988 c 249: "This act shall take effect September 1,
1988." [1988 c 249 § 4.]
48.18.289 Cancellation, nonrenewal, renewal offer—
Notice to insurance producer or title insurance agent.
(Effective July 1, 2009.) Whenever a notice of cancellation
or nonrenewal or an offer to renew is furnished to an insured
in accord with any provision of this chapter, a copy of such
notice or offer shall be provided within five working days to
the insurance producer or title insurance agent on the
account. When possible, the copy to the insurance producer
or title insurance agent may be provided electronically.
[2008 c 217 § 16; 2000 c 220 § 1; 1988 c 249 § 1; 1987 c 14
§ 1.]
48.18.289
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Effective date—1988 c 249: "This act shall take effect September 1,
1988." [1988 c 249 § 4.]
48.18.290 Cancellation by insurer. (1) Cancellation
by the insurer of any policy which by its terms is cancellable
at the option of the insurer, or of any binder based on such
policy which does not contain a clearly stated expiration date,
may be effected as to any interest only upon compliance with
the following:
(a) For all insurance policies other than medical malpractice insurance policies or fire insurance policies canceled
under RCW 48.53.040:
(i) The insurer must deliver or mail written notice of cancellation to the named insured at least forty-five days before
the effective date of the cancellation; and
(ii) The cancellation notice must include the insurer’s
actual reason for canceling the policy.
(b) For medical malpractice insurance policies:
(i) The insurer must deliver or mail written notice of the
cancellation to the named insured at least ninety days before
the effective date of the cancellation; and
(ii) The cancellation notice must include the insurer’s
actual reason for canceling the policy and describe the significant risk factors that led to the insurer’s underwriting action,
as defined under RCW 48.18.547(1)(e).
(c) If an insurer cancels a policy described under (a) or
(b) of this subsection for nonpayment of premium, the insurer
must deliver or mail the cancellation notice to the named
insured at least ten days before the effective date of the cancellation.
(d) If an insurer cancels a fire insurance policy under
RCW 48.53.040, the insurer must deliver or mail the cancel48.18.290
[Title 48 RCW—page 115]
48.18.2901
Title 48 RCW: Insurance
lation notice to the named insured at least five days before the
effective date of the cancellation.
(e) Like notice must also be so delivered or mailed to
each mortgagee, pledgee, or other person shown by the policy to have an interest in any loss which may occur thereunder. For purposes of this subsection (1)(e), "delivered"
includes electronic transmittal, facsimile, or personal delivery.
(2) The mailing of any such notice shall be effected by
depositing it in a sealed envelope, directed to the addressee at
his or her last address as known to the insurer or as shown by
the insurer’s records, with proper prepaid postage affixed, in
a letter depository of the United States post office. The
insurer shall retain in its records any such item so mailed,
together with its envelope, which was returned by the post
office upon failure to find, or deliver the mailing to, the
addressee.
(3) The affidavit of the individual making or supervising
such a mailing, shall constitute prima facie evidence of such
facts of the mailing as are therein affirmed.
(4) The portion of any premium paid to the insurer on
account of the policy, unearned because of the cancellation
and in amount as computed on the pro rata basis, must be
actually paid to the insured or other person entitled thereto as
shown by the policy or by any endorsement thereon, or be
mailed to the insured or such person as soon as possible, and
no later than forty-five days after the date of notice of cancellation to the insured for homeowners’, dwelling fire, and private passenger auto. Any such payment may be made by
cash, or by check, bank draft, or money order.
(5) This section shall not apply to contracts of life or disability insurance without provision for cancellation prior to
the date to which premiums have been paid, or to contracts of
insurance procured under the provisions of chapter 48.15
RCW. [2006 c 8 § 212; 1997 c 85 § 1; 1988 c 249 § 2; 1986
c 287 § 1; 1985 c 264 § 17; 1982 c 110 § 7; 1980 c 102 § 7;
1979 ex.s. c 199 § 5; 1975-’76 2nd ex.s. c 119 § 2; 1947 c 79
§ .18.29; Rem. Supp. 1947 § 45.18.29.]
Application—2006 c 8 §§ 211-213: See note following RCW
48.18.547.
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—1988 c 249: See note following RCW 48.18.289.
Application—1985 c 264 §§ 17-22: "Sections 17 through 22 of this act
apply to all new or renewal policies issued or renewed after May 10, 1985.
Sections 17 through 22 of this act shall not apply to or affect the validity of
any notice of cancellation mailed or delivered prior to May 10, 1985. Sections 17 through 22 of this act shall not be construed to affect cancellation of
a renewal policy, if notice of cancellation is mailed or delivered within fortyfive days after May 10, 1985. Sections 17 through 22 of this act shall not be
construed to require notice, other than that already required, of intention not
to renew any policy which expires less than forty-five days after May 10,
1985." [1985 c 264 § 24.]
48.18.2901 Renewal required—Exceptions. (1) Each
insurer must renew any insurance policy subject to RCW
48.18.290 unless one of the following situations exists:
(a)(i) For all insurance policies subject to RCW
48.18.290(1)(a):
(A) The insurer must deliver or mail written notice of
nonrenewal to the named insured at least forty-five days
before the expiration date of the policy; and
48.18.2901
[Title 48 RCW—page 116]
(B) The notice must include the insurer’s actual reason
for refusing to renew the policy.
(ii) For medical malpractice insurance policies subject to
RCW 48.18.290(1)(b):
(A) The insurer must deliver or mail written notice of the
nonrenewal to the named insured at least ninety days before
the expiration date of the policy; and
(B) The notice must include the insurer’s actual reason
for refusing to renew the policy and describe the significant
risk factors that led to the insurer’s underwriting action, as
defined under RCW 48.18.547(1)(e);
(b) At least twenty days prior to its expiration date, the
insurer has communicated, either directly or through its
agent, its willingness to renew in writing to the named
insured and has included in that writing a statement of the
amount of the premium or portion thereof required to be paid
by the insured to renew the policy, and the insured fails to
discharge when due his or her obligation in connection with
the payment of such premium or portion thereof;
(c) The insured has procured equivalent coverage prior
to the expiration of the policy period;
(d) The contract is evidenced by a written binder containing a clearly stated expiration date which has expired
according to its terms; or
(e) The contract clearly states that it is not renewable,
and is for a specific line, subclassification, or type of coverage that is not offered on a renewable basis. This subsection
(1)(e) does not restrict the authority of the insurance commissioner under this code.
(2) Any insurer failing to include in the notice required
by subsection (1)(b) of this section the amount of any
increased premium resulting from a change of rates and an
explanation of any change in the contract provisions shall
renew the policy if so required by that subsection according
to the rates and contract provisions applicable to the expiring
policy. However, renewal based on the rates and contract
provisions applicable to the expiring policy shall not prevent
the insurer from making changes in the rates and/or contract
provisions of the policy once during the term of its renewal
after at least twenty days’ advance notice of such change has
been given to the named insured.
(3) Renewal of a policy shall not constitute a waiver or
estoppel with respect to grounds for cancellation which
existed before the effective date of such renewal, or with
respect to cancellation of fire policies under chapter 48.53
RCW.
(4) "Renewal" or "to renew" means the issuance and
delivery by an insurer of a contract of insurance replacing at
the end of the contract period a contract of insurance previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term
of a contract beyond its policy period or term. However, (a)
any contract of insurance with a policy period or term of six
months or less whether or not made continuous for successive terms upon the payment of additional premiums shall for
the purpose of RCW 48.18.290 and 48.18.293 through
48.18.295 be considered as if written for a policy period or
term of six months; and (b) any policy written for a term
longer than one year or any policy with no fixed expiration
date, shall, for the purpose of RCW 48.18.290 and 48.18.293
(2008 Ed.)
The Insurance Contract
through 48.18.295, be considered as if written for successive
policy periods or terms of one year.
(5) A midterm blanket reduction in rate, approved by the
commissioner, for medical malpractice insurance shall not be
considered a renewal for purposes of this section. [2006 c 8
§ 213; 2002 c 347 § 1; 1993 c 186 § 1; 1988 c 249 § 3; 1986
c 287 § 2; 1985 c 264 § 20.]
Application—2006 c 8 §§ 211-213: See note following RCW
48.18.547.
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—1988 c 249: See note following RCW 48.18.289.
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
48.18.291 Cancellation of private automobile insurance by insurer—Notice—Requirements. (1) A contract
of insurance predicated wholly or in part upon the use of a
private passenger automobile may not be terminated by cancellation by the insurer until at least twenty days after mailing
written notice of cancellation to the named insured at the latest address filed with the insurer by or on behalf of the named
insured, accompanied by the reason therefor. If cancellation
is for nonpayment of premium, or is within the first thirty
days after the contract has been in effect, at least ten days
notice of cancellation, accompanied by the reason therefor,
shall be given. In case of a contract evidenced by a written
binder which has been delivered to the insured, if the binder
contains a clearly stated expiration date, no additional notice
of cancellation or nonrenewal is required.
(2)(a) A notice of cancellation by the insurer as to a contract of insurance to which subsection (1) of this section
applies is not valid if sent more than sixty days after the contract has been in effect unless:
(i) The named insured fails to discharge when due any of
his or her obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the insurer or to its agent or indirectly under
any premium finance plan or extension of credit; or
(ii) The driver’s license of the named insured, or of any
other operator who customarily operates an automobile
insured under the policy, has been suspended, revoked, or
cancelled during the policy period or, if the policy is a
renewal, during its policy period or the one hundred eighty
days immediately preceding the effective date of the renewal
policy.
(b) Modification by the insurer of automobile physical
damage coverage by the inclusion of a deductible not exceeding one hundred dollars is not a cancellation of the coverage
or of the policy.
(3) The substance of subsections (1) and (2)(a) of this
section must be set forth in each contract of insurance subject
to the provisions of subsection (1) of this section, and may be
in the form of an attached endorsement.
(4) A notice of cancellation of a policy that may be canceled only pursuant to subsection (2) of this section is not
effective unless the reason therefor accompanies or is
included in the notice of cancellation. [2003 c 248 § 5; 1985
c 264 § 18; 1979 ex.s. c 199 § 6; 1969 ex.s. c 241 § 19.]
48.18.291
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
(2008 Ed.)
48.18.292
Construction—1969 ex.s. c 241 §§ 19-25: "Sections 19 through 25 of
this 1969 amendatory act shall become operative September 1, 1969, and
shall apply to policies written or renewed, or which have a renewal anniversary thereafter. Sections 19 through 25 of this 1969 amendatory act shall not
apply to or affect the validity of any notice of cancellation mailed or delivered prior to the operative date of this amendatory act. Sections 19 through
25 of this 1969 amendatory act shall not be construed to affect cancellation
of a renewal policy, if notice of cancellation is mailed or delivered within
sixty days after the operative date of sections 19 through 25 of this amendatory act. Sections 19 through 25 of this 1969 amendatory act shall not be
construed to require notice of intention not to renew any policy which
expires less than thirty days after the operative date of sections 19 through 25
of this 1969 amendatory act." [1969 ex.s. c 241 § 25.]
48.18.292 Refusal to renew private automobile insurance by insurer—Change in amount of premium or
deductibles. (Effective until July 1, 2009.) (1) Each insurer
shall be required to renew any contract of insurance subject to
RCW 48.18.291 unless one of the following situations
exists:
(a) The insurer gives the named insured at least twenty
days’ notice in writing as provided for in RCW 48.18.291(1),
that it proposes to refuse to renew the insurance contract upon
its expiration date; and sets forth therein the actual reason for
refusing to renew; or
(b) At least twenty days prior to its expiration date, the
insurer has communicated its willingness to renew in writing
to the named insured, and has included therein a statement of
the amount of the premium or portion thereof required to be
paid by the insured to renew the policy, including the amount
by which the premium or deductibles have changed from the
previous policy period, and the date by which such payment
must be made, and the insured fails to discharge when due his
obligation in connection with the payment of such premium
or portion thereof; or
(c) The insured’s agent or broker has procured other coverage acceptable to the insured prior to the expiration of the
policy period.
(2) Renewal of a policy shall not constitute a waiver or
estoppel with respect to grounds for cancellation which
existed before the effective date of such renewal.
(3) "Renewal" or "to renew" means the issuance and
delivery by an insurer of a contract of insurance replacing at
the end of the contract period a contract of insurance previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term
of a contract beyond its policy period or term: PROVIDED,
HOWEVER, That any contract of insurance with a policy
period or term of six months or less whether or not made continuous for successive terms upon the payment of additional
premiums shall for the purpose of RCW 48.18.291 through
48.18.297 be considered as if written for a policy period or
term of six months: PROVIDED, FURTHER, That any policy written for a term longer than one year or any policy with
no fixed expiration date, shall, for the purpose of RCW
48.18.291 through 48.18.297, be considered as if written for
successive policy periods or terms of one year.
(4) On and after January 1, 1980, no policy of insurance
subject to RCW 48.18.291 shall be issued for a policy period
or term of less than six months.
(5) No insurer shall refuse to renew the liability and/or
collision coverage of an automobile insurance policy on the
basis that an insured covered by the policy of the insurer has
48.18.292
[Title 48 RCW—page 117]
48.18.292
Title 48 RCW: Insurance
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
(4) On and after January 1, 1980, no policy of insurance
subject to RCW 48.18.291 shall be issued for a policy period
or term of less than six months.
(5) No insurer shall refuse to renew the liability and/or
collision coverage of an automobile insurance policy on the
basis that an insured covered by the policy of the insurer has
submitted one or more claims under the comprehensive, road
service, or towing coverage of the policy. Nothing in this
subsection shall prohibit the nonrenewal of comprehensive,
road service, or towing coverage on the basis of one or more
claims submitted by an insured. [2008 c 217 § 17; 1985 c 264
§ 19; 1981 c 339 § 17; 1979 ex.s. c 199 § 7; 1973 1st ex.s. c
152 § 3; 1969 ex.s. c 241 § 20.]
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
submitted one or more claims under the comprehensive, road
service, or towing coverage of the policy. Nothing in this subsection shall prohibit the nonrenewal of comprehensive, road
service, or towing coverage on the basis of one or more
claims submitted by an insured. [1985 c 264 § 19; 1981 c 339
§ 17; 1979 ex.s. c 199 § 7; 1973 1st ex.s. c 152 § 3; 1969 ex.s.
c 241 § 20.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
48.18.292
48.18.292 Refusal to renew private automobile insurance by insurer—Change in amount of premium or
deductibles. (Effective July 1, 2009.) (1) Each insurer shall
be required to renew any contract of insurance subject to
RCW 48.18.291 unless one of the following situations
exists:
(a) The insurer gives the named insured at least twenty
days’ notice in writing as provided for in RCW 48.18.291(1),
that it proposes to refuse to renew the insurance contract upon
its expiration date; and sets forth therein the actual reason for
refusing to renew; or
(b) At least twenty days prior to its expiration date, the
insurer has communicated its willingness to renew in writing
to the named insured, and has included therein a statement of
the amount of the premium or portion thereof required to be
paid by the insured to renew the policy, including the amount
by which the premium or deductibles have changed from the
previous policy period, and the date by which such payment
must be made, and the insured fails to discharge when due his
or her obligation in connection with the payment of such premium or portion thereof; or
(c) The insured’s insurance producer has procured other
coverage acceptable to the insured prior to the expiration of
the policy period.
(2) Renewal of a policy shall not constitute a waiver or
estoppel with respect to grounds for cancellation which
existed before the effective date of such renewal.
(3) "Renewal" or "to renew" means the issuance and
delivery by an insurer of a contract of insurance replacing at
the end of the contract period a contract of insurance previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term
of a contract beyond its policy period or term: PROVIDED,
HOWEVER, That any contract of insurance with a policy
period or term of six months or less whether or not made continuous for successive terms upon the payment of additional
premiums shall for the purpose of RCW 48.18.291 through
48.18.297 be considered as if written for a policy period or
term of six months: PROVIDED, FURTHER, That any policy written for a term longer than one year or any policy with
no fixed expiration date, shall, for the purpose of RCW
48.18.291 through 48.18.297, be considered as if written for
successive policy periods or terms of one year.
[Title 48 RCW—page 118]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
48.18.293 Nonliability of commissioner, agents,
insurer for information giving reasons for cancellation or
refusal to renew—Proof of mailing of notice. (1) There
shall be no liability on the part of, and no cause of action of
any nature shall arise against, the insurance commissioner,
his agents, or members of his staff, or against any insurer, its
authorized representative, its agents, its employees, or any
firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any
statement made by any of them in any written notice of cancellation or refusal to renew, or in any other communications,
oral or written, specifying the reasons for cancellation or
refusal to renew or the providing of information pertaining
thereto, or for statements made or evidence submitted in any
hearing conducted in connection therewith.
(2) Proof of mailing of notice of cancellation or refusal
to renew or of reasons for cancellation, to the named insured,
at the latest address filed with the insurer by or on behalf of
the named insured shall be sufficient proof of notice. [1969
ex.s. c 241 § 21.]
48.18.293
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
48.18.295 RCW 48.18.290 through 48.18.297 not to
prevent cancellation or nonrenewal, when. Nothing in
RCW 48.18.290 through 48.18.297 shall be construed to prevent the cancellation or nonrenewal of any such insurance
where:
(1) Such cancellation or nonrenewal is ordered by the
commissioner under a statutory delinquency proceeding
commenced under the provisions of chapter 48.31 RCW, or
(2) Permission for such cancellation or nonrenewal has
been given by the commissioner on a showing that the continuation of such coverage can reasonably be expected to create
a condition in the company hazardous to its policyholder, or
to its creditors, or to its members, subscribers, or stockholders, or to the public. [1985 c 264 § 21; 1969 ex.s. c 241 § 22;
1967 ex.s. c 95 § 2.]
48.18.295
(2008 Ed.)
The Insurance Contract
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
Severability—1967 ex.s. c 95: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons and circumstances is not
affected." [1967 ex.s. c 95 § 16.]
48.18.296 Contracts to which RCW 48.18.291
through 48.18.297 inapplicable. The provisions of RCW
48.18.291 through 48.18.297 shall not apply to:
(1) Contracts of insurance issued under the assigned risk
plan;
(2) Any policy covering garage, automobile sales
agency, repair shop, service station, or public parking place
operation hazards; and
(3) Contracts of insurance procured under the provisions
of chapter 48.15 RCW. [1986 c 287 § 3; 1985 c 264 § 22;
1983 1st ex.s. c 32 § 6; 1969 ex.s. c 241 § 23.]
48.18.296
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
48.18.297 Private passenger automobile defined. A
private passenger automobile as used in RCW 48.18.291
through 48.18.297 shall mean:
(1) An individually owned motor vehicle of the private
passenger or station wagon type that is not used as a public or
livery conveyance for passengers, nor rented to others.
(2) Any other individually owned four-wheel motor
vehicle with a load capacity of fifteen hundred pounds or less
which is not used in the occupation, profession, or business of
the insured. [1969 ex.s. c 241 § 24.]
48.18.297
Construction—1969 ex.s. c 241 §§ 19-25: See note following RCW
48.18.291.
48.18.298 Disability insurance—Refusal to renew by
insurer. No insurer shall refuse to renew any policy of individual disability insurance issued after July 1, 1973 because
of a change in the physical or mental condition or health of
any person covered thereunder: PROVIDED, That after
approval of the insurance commissioner, an insurer may discharge its obligation to renew the contract by obtaining for
the insured coverage with another insurer which is comparable in terms of premiums and benefits. [1973 1st ex.s. c 188
§ 1.]
48.18.298
Severability—1973 1st ex.s. c 188: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1973 1st ex.s. c 188 § 5.]
48.18.299 Disability insurance—Cancellation by
insurer. No contract of insurance enumerated in RCW
48.18.298 shall be terminated by cancellation by the insurer
during the period of contract except for nonpayment of premium. This section shall not be deemed to affect the right of
the insurer to rescind the policy as limited and defined in
RCW 48.18.090. [1973 1st ex.s. c 188 § 2.]
48.18.299
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
(2008 Ed.)
48.18.320
48.18.300 Cancellation by insured. (1) Cancellation
by the insured of any policy which by its terms is cancellable
at the insured’s option or of any binder based on such policy
may be effected by written notice thereof to the insurer or
surrender of the policy or binder for cancellation prior to or
on the effective date of such cancellation. In [the] event the
policy or binder has been lost or destroyed and cannot be so
surrendered, the insurer may in lieu of such surrender accept
and in good faith rely upon the insured’s written statement
setting forth the fact of such loss or destruction.
(2) As soon as possible, and no later than thirty days after
the receipt of the notice of cancellation from the policyholder
for homeowners’, dwelling fire, and private passenger auto
insurance, the insurer shall pay to the insured or to the person
entitled thereto as shown by the insurer’s records, any
unearned portion of any premium paid on the policy as computed on the customary short rate or as otherwise specified in
the policy: PROVIDED, That the refund of any unearned
portion of any premium paid on a contract of dwelling fire
insurance, homeowners’ insurance, or insurance predicated
upon the use of a private passenger automobile (as defined in
RCW 48.18.297 and excluding contracts of insurance and
policies enumerated in RCW 48.18.296) shall be computed
on a pro rata basis and the insurer shall refund not less than
ninety percent of any unearned portion not exceeding one
hundred dollars, plus ninety-five percent of any unearned
portion over one hundred dollars but not exceeding five hundred dollars, and not less than ninety-seven percent of the
amount of any unearned portion in excess of five hundred
dollars. If the amount of any refund is less than two dollars,
no refund need be made. If no premium has been paid on the
policy, the insured shall be liable to the insurer for premium
for the period during which the policy was in force.
(3) The surrender of a policy to the insurer for any cause
by any person named therein as having an interest insured
thereunder shall create a presumption that such surrender is
concurred in by all persons so named.
(4) This section shall not apply to life insurance policies
or to annuity contracts. [1980 c 102 § 8; 1979 ex.s. c 199 § 8;
1955 c 303 § 16; 1947 c 79 § .18.30; Rem. Supp. 1947 §
45.18.30.]
48.18.300
48.18.310 Cancellation by commissioner. The commissioner may order the immediate cancellation of any policy the procuring or effectuation of which was accomplished
through or accompanied by a violation of this code, except in
cases where the policy by its terms is not cancellable by the
insurer and the insured did not knowingly participate in any
such violation. [1947 c 79 § .18.31; Rem. Supp. 1947 §
45.18.31.]
48.18.310
48.18.320 Annulment of liability policies. No insurance contract insuring against loss or damage through legal
liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be
retroactively annulled by any agreement between the insurer
and insured after the occurrence of any such injury, death, or
damage for which the insured may be liable, and any such
annulment attempted shall be void. [1947 c 79 § .18.32;
Rem. Supp. 1947 § 45.18.32.]
48.18.320
[Title 48 RCW—page 119]
48.18.340
Title 48 RCW: Insurance
48.18.340 Dividends payable to real party in interest.
(1) Every insurer issuing participating policies, shall pay dividends, unused premium refunds or savings distributed on
account of any such policy, only to the real party in interest
entitled thereto as shown by the insurer’s records, or to any
person to whom the right thereto has been assigned in writing
of record with the insurer, or given in the policy by such real
party in interest.
(2) Any person who is shown by the insurer’s records to
have paid for his own account, or to have been ultimately
charged for, the premium for insurance provided by a policy
in which another person is the nominal insured, shall be
deemed such real party in interest proportionate to premium
so paid or so charged. This subsection shall not apply as to
any such dividend, refund, or distribution which would
amount to less than one dollar.
(3) This section shall not apply to contracts of group life
insurance, group annuities, or group disability insurance.
[1947 c 79 § .18.34; Rem. Supp. 1947 § 45.18.34.]
48.18.340
48.18.350 Breach of warranty prior to loss—Effect.
If any breach of a warranty or condition in any insurance contract occurs prior to a loss under the contract, such breach
shall not avoid the contract nor avail the insurer to avoid liability, unless the breach exists at the time of the loss. [1947 c
79 § .18.35; Rem. Supp. 1947 § 45.18.35.]
48.18.350
48.18.360 Assignment of policies—Life and disability. Subject to the terms of the policy relating to its assignment, life insurance policies, other than industrial or group
life insurance policies, and disability policies providing benefits for accidental death, whether such policies were heretofore or are hereafter issued, and under the terms of which the
beneficiary may be changed upon the sole request of the
insured, may be assigned either by pledge or transfer of title,
by an assignment executed by the insured alone and delivered
to the insurer, whether or not the pledgee or assignee is the
insurer. Industrial life insurance policies may be made
assignable only to a bank or trust company. Any such assignment shall entitle the insurer to deal with the assignee as the
owner or pledgee of the policy in accordance with the terms
of the assignment, until the insurer has received at its home
office written notice of termination of the assignment or
pledge, or written notice by or on behalf of some other person
claiming some interest in the policy in conflict with the
assignment. [1947 c 79 § .18.36; Rem. Supp. 1947 §
45.18.36.]
48.18.360
48.18.370 Payment discharges insurer—Life and disability. Whenever the proceeds of, or payments under a life
or disability insurance policy, heretofore or hereafter issued,
become payable and the insurer makes payment thereof in
accordance with the terms of the policy, or in accordance
with any written assignment thereof pursuant to RCW
48.18.360, the person then designated in the policy or by such
assignment as being entitled thereto, shall be entitled to
receive such proceeds or payments and to give full acquittance therefor, and such payment shall fully discharge the
insurer from all claims under the policy unless, before payment is made, the insurer has received at its home office,
written notice by or on behalf of some other person that such
48.18.370
[Title 48 RCW—page 120]
other person claims to be entitled to such payment or some
interest in the policy. [1947 c 79 § .18.37; Rem. Supp. 1947
§ 45.18.37.]
48.18.375
48.18.375 Assignment of interests under group insurance policy. A person whose life is insured under a group
insurance policy may, subject and pursuant to the terms of the
policy, or pursuant to an arrangement between the insured,
the group policyholder and the insurer, assign to any or all his
spouse, children, parents, or a trust for the benefit of any or
all of them, all or any part of his incidents of ownership,
rights, title, and interests, both present and future, under such
policy including specifically, but not by way of limitation,
the right to designate a beneficiary or beneficiaries thereunder and the right to have an individual policy issued to him in
case of termination of employment or of said group insurance
policy. Such an assignment by the insured, made either
before or after July 16, 1973, is valid for the purpose of vesting in the assignee, in accordance with any provisions
included therein as to the time at which it is to be effective, all
of such incidents of ownership, rights, title, and interests so
assigned, but without prejudice to the insurer on account of
any payment it may make or individual policy it may issue
prior to receipt of notice of the assignment. This section
acknowledges, declares, and codifies the existing right of
assignment of interests under group insurance policies.
[1973 1st ex.s. c 163 § 3.]
48.18.390
48.18.390 Simultaneous deaths—Payment of proceeds—Life insurance. Where the individual insured and
the beneficiary designated in a life insurance policy or policy
insuring against accidental death have died and there is not
sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if
the insured had survived the beneficiary, unless otherwise
expressly provided in the policy. [1947 c 79 § .18.39; Rem.
Supp. 1947 § 45.18.39.]
Simultaneous death, uniform act: Chapter 11.05A RCW.
48.18.400
48.18.400 Exemption of proceeds—Disability. The
proceeds or avails of all contracts of disability insurance and
of provisions providing benefits on account of the insured’s
disability which are supplemental to life insurance or annuity
contracts heretofore or hereafter effected shall be exempt
from all liability for any debt of the insured, and from any
debt of the beneficiary existing at the time the proceeds are
made available for his use. [1947 c 79 § .18.40; Rem. Supp.
1947 § 45.18.40.]
48.18.410
48.18.410 Exemption of proceeds—Life. (1) The lawful beneficiary, assignee, or payee of a life insurance policy,
other than an annuity, heretofore or hereafter effected by any
person on his own life, or on the life of another, in favor of a
person other than himself, shall be entitled to the proceeds
and avails of the policy against the creditors and representatives of the insured and of the person effecting the insurance,
and such proceeds and avails shall also be exempt from all
liability for any debt of such beneficiary, existing at the time
the proceeds or avails are made available for his own use.
(2008 Ed.)
The Insurance Contract
(2) The provisions of subsection (1) of this section shall
apply
(a) whether or not the right to change the beneficiary is
reserved or permitted in the policy; or
(b) whether or not the policy is made payable to the person whose life is insured or to his estate if the beneficiary,
assignee or payee shall predecease such person; except, that
this subsection shall not be construed so as to defeat any policy provision which provides for disposition of proceeds in
the event the beneficiary shall predecease the insured.
(3) The exemptions provided by subsection (1) of this
section, subject to the statute of limitations, shall not apply
(a) to any claim to or interest in such proceeds or avails
by or on behalf of the insured, or the person so effecting the
insurance, or their administrators or executors, in whatever
capacity such claim is made or such interest is asserted; or
(b) to any claim to or interest in such proceeds or avails
by or on behalf of any person to whom rights thereto have
been transferred with intent to defraud creditors; but an
insurer shall be liable to all such creditors only as to amounts
aggregating not to exceed the amount of such proceeds or
avails remaining in the insurer’s possession at the time the
insurer receives at its home office written notice by or on
behalf of such creditors, of claims to recover for such transfer, with specification of the amounts claimed; or
(c) to so much of such proceeds or avails as equals the
amount of any premiums or portion thereof paid for the insurance with intent to defraud creditors, with interest thereon,
and if prior to the payment of such proceeds or avails the
insurer has received at its home office written notice by or on
behalf of the creditor, of a claim to recover for premiums paid
with intent to defraud creditors, with specification of the
amount claimed.
(4) For the purposes of subsection (1) of this section a
policy shall also be deemed to be payable to a person other
than the insured if and to the extent that a facility-of-payment
clause or similar clause in the policy permits the insurer to
discharge its obligation after the death of the individual
insured by paying the death benefits to a person as permitted
by such clause.
(5) No person shall be compelled to exercise any rights,
powers, options or privileges under any such policy. [1947 c
79 § .18.41; Rem. Supp. 1947 § 45.18.41.]
48.18.420
48.18.420 Exemption of proceeds—Group life. (1) A
policy of group life insurance or the proceeds thereof payable
to the individual insured or to the beneficiary thereunder,
shall not be liable, either before or after payment, to be
applied to any legal or equitable process to pay any liability
of any person having a right under the policy. The proceeds
thereof, when not made payable to a named beneficiary or to
a third person pursuant to a facility-of-payment clause, shall
not constitute a part of the estate of the individual insured for
the payment of his debts.
(2) This section shall not apply to group life insurance
policies issued under RCW 48.24.040 (debtor groups) to the
extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.
[1947 c 79 § .18.42; Rem. Supp. 1947 § 45.18.42.]
(2008 Ed.)
48.18.440
48.18.430 Exemption of proceeds, commutation—
Annuities. (1) The benefits, rights, privileges, and options
under any annuity contract that are due the annuitant who
paid the consideration for the annuity contract are not subject
to execution and the annuitant may not be compelled to exercise those rights, powers, or options, and creditors are not
allowed to interfere with or terminate the contract, except:
(a) As to amounts paid for or as premium on an annuity
with intent to defraud creditors, with interest thereon, and of
which the creditor has given the insurer written notice at its
home office prior to making the payments to the annuitant out
of which the creditor seeks to recover. The notice must specify the amount claimed or the facts that will enable the insurer
to determine the amount, and must set forth the facts that will
enable the insurer to determine the insurance or annuity contract, the person insured or annuitant and the payments
sought to be avoided on the basis of fraud.
(b) The total exemption of benefits presently due and
payable to an annuitant periodically or at stated times under
all annuity contracts may not at any time exceed two thousand five hundred dollars per month for the length of time
represented by the installments, and a periodic payment in
excess of two thousand five hundred dollars per month is subject to garnishee execution to the same extent as are wages
and salaries.
(c) If the total benefits presently due and payable to an
annuitant under all annuity contracts at any time exceeds payment at the rate of two thousand five hundred dollars per
month, then the court may order the annuitant to pay to a
judgment creditor or apply on the judgment, in installments,
the portion of the excess benefits that the court determines to
be just and proper, after due regard for the reasonable
requirements of the judgment debtor and the judgment
debtor’s dependent family, as well as any payments required
to be made by the annuitant to other creditors under prior
court orders.
(2) The benefits, rights, privileges, or options accruing
under an annuity contract to a beneficiary or assignee are not
transferable or subject to commutation, and if the benefits are
payable periodically or at stated times, the same exemptions
and exceptions contained in this section for the annuitant
apply to the beneficiary or assignee.
(3) An annuity contract within the meaning of this section is any obligation to pay certain sums at stated times, during life or lives, or for a specified term or terms, issued for a
valuable consideration, regardless of whether or not the sums
are payable to one or more persons, jointly or otherwise, but
does not include payments under life insurance contracts at
stated times during life or lives, or for a specified term or
terms. [2005 c 223 § 10; 1949 c 190 § 25; 1947 c 79 § .18.43;
Rem. Supp. 1949 § 45.18.43.]
48.18.430
48.18.440 Spouse’s rights in life insurance policy. (1)
Every life insurance policy heretofore or hereafter made payable to or for the benefit of the spouse of the insured, and
every life insurance policy heretofore or hereafter assigned,
transferred, or in any way made payable to a spouse or to a
trustee for the benefit of a spouse, regardless of how such
assignment or transfer is procured, shall, unless contrary to
the terms of the policy, inure to the separate use and benefit
of such spouse: PROVIDED, That the beneficial interest of a
48.18.440
[Title 48 RCW—page 121]
48.18.450
Title 48 RCW: Insurance
spouse in a policy upon the life of a child of the spouses, however such interest is created, shall be deemed to be a community interest and not a separate interest, unless expressly otherwise provided by the policy.
(2) In any life insurance policy heretofore or hereafter
issued upon the life of a spouse the designation heretofore or
hereafter made by such spouse of a beneficiary in accordance
with the terms of the policy, shall create a presumption that
such beneficiary was so designated with the consent of the
other spouse, but only as to any beneficiary who is the child,
parent, brother, or sister of either of the spouses. The insurer
may in good faith rely upon the representations made by the
insured as to the relationship to him of any such beneficiary.
[1947 c 79 § .18.44; Rem. Supp. 1947 § 45.18.44.]
48.18.450 Life insurance payable to trustee named as
beneficiary in the policy. Life insurance may be made payable to a trustee to be named as beneficiary in the policy and
the proceeds of such insurance paid to such trustee shall be
held and disposed of by the trustee as provided in a trust
agreement or declaration of trust made by the insured during
his lifetime. It shall not be necessary to the validity of any
such trust agreement or declaration of trust that it have a trust
corpus other than the right of the trustee to receive such insurance proceeds as beneficiary, and any such trustee may also
receive assets, other than insurance proceeds, by testamentary disposition and administer them according to the terms
of the trust agreement or declaration of trust as they exist at
the death of the testator. [1963 c 227 § 1.]
48.18.450
48.18.452 Life insurance designating as beneficiary a
trustee named by will. A policy of life insurance may designate as beneficiary a trustee or trustees named or to be
named by will, if the designation is made in accordance with
the provisions of the policy and the requirements of the insurance company. Immediately after the proving of the will the
proceeds of such insurance shall be paid to the trustee or
trustees named therein to be held and disposed of under the
terms of the will as they exist at the death of the testator, but
if no qualified trustee makes claim to the proceeds from the
insurance company within one year after the death of the
insured, or if satisfactory evidence is furnished the insurance
company within such one-year period showing that no trustee
can qualify to receive the proceeds, payment shall be made
by the insurance company to those thereafter entitled. The
proceeds of the insurance as collected by the trustee or trustees shall not be subject to debts of the insured and inheritance
tax to any greater extent than if such proceeds were payable
to any other named beneficiary other than the estate of the
insured. Enactment of this section shall not invalidate previous life insurance policy beneficiary designations naming
trustees of trusts established by will. [1963 c 227 § 2.]
48.18.452
pletion or attempted completion. If a person makes a claim
under a policy of insurance, the insurer may require that the
person be examined under an oath administered by a person
authorized by state or federal law to administer oaths. [1995
c 285 § 17; 1949 c 190 § 26; 1947 c 79 § .18.46; Rem. Supp.
1949 § 45.18.46.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.18.470 Claims administration—Not waiver. None
of the following acts by or on behalf of an insurer shall be
deemed to constitute a waiver of any provision of a policy or
of any defense of the insurer thereunder:
(a) Acknowledgment of the receipt of notice of loss or of
claim under the policy.
(b) Furnishing forms for reporting a loss or claim, for
giving information relative thereto, or for making proof of
loss, or receiving or acknowledging receipt of any such forms
or proofs completed or uncompleted.
(c) Investigating any loss or claim under any policy or
engaging in negotiations looking toward a possible settlement of any such loss or claim. [1947 c 79 § .18.47; Rem.
Supp. 1947 § 45.18.47.]
48.18.470
48.18.480 Discrimination prohibited. No insurer shall
make or permit any unfair discrimination between insureds or
subjects of insurance having substantially like insuring, risk,
and exposure factors, and expense elements, in the terms or
conditions of any insurance contract, or in the rate or amount
of premium charged therefor, or in the benefits payable or in
any other rights or privileges accruing thereunder. This provision shall not prohibit fair discrimination by a life insurer as
between individuals having unequal expectation of life.
[1957 c 193 § 12; 1947 c 79 § .18.48; Rem. Supp. 1947 §
45.18.480.]
48.18.480
48.18.510 Validity of noncomplying forms. Any
insurance policy, rider, or endorsement hereafter issued and
otherwise valid, which contains any condition or provision
not in compliance with the requirements of this code, shall
not be rendered invalid thereby, but shall be construed and
applied in accordance with such conditions and provisions as
would have applied had such policy, rider, or endorsement
been in full compliance with this code. [1947 c 79 § .18.51;
Rem. Supp. 1947 § 45.18.51.]
48.18.510
48.18.520 Construction of policies. Every insurance
contract shall be construed according to the entirety of its
terms and conditions as set forth in the policy, and as amplified, extended, or modified by any rider, endorsement, or
application attached to and made a part of the policy. [1947
c 79 § .18.52; Rem. Supp. 1947 § 45.18.52.]
48.18.520
48.18.540 Cancellations, denials, refusals to renew—
Written notification. Every insurer upon canceling, denying, or refusing to renew any disability policy, shall, upon
written request, directly notify in writing the applicant or
insured, as the case may be, of the reasons for the action by
the insurer and to any person covered under a group contract.
Any benefits, terms, rates, or conditions of such a contract
that are restricted, excluded, modified, increased, or reduced
48.18.540
48.18.460 Proof of loss—Furnishing forms—May
require oath. An insurer shall furnish, upon request of any
person claiming to have a loss under any insurance contract,
forms of proof of loss for completion by such person. But
such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to
the completion of such proof or the manner of any such com48.18.460
[Title 48 RCW—page 122]
(2008 Ed.)
The Insurance Contract
shall, upon written request, be set forth in writing and supplied to the insured and to any person covered under a group
contract. The written communications required by this section shall be phrased in simple language that is readily understandable to a person of average intelligence, education, and
reading ability. [1993 c 492 § 281.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.18.543 Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions.
(Effective until July 1, 2009.) (1) For the purposes of this
section:
(a) "Licensee" means every insurance *agent, broker, or
solicitor licensed under chapter 48.17 RCW.
(b) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is
constructed or intended to be constructed a single-family
dwelling or multiple family dwelling of four or less units.
(c) "Single premium credit insurance" means credit
insurance purchased with a single premium payment at
inception of coverage.
(2) An insurer or licensee may not issue or sell any single
premium credit insurance product in connection with a residential mortgage loan unless:
(a) The term of the single premium credit insurance policy is the same as the term of the loan;
(b) The debtor is given the option to buy credit insurance
paid with monthly premiums; and
(c) The single premium credit insurance policy provides
for a full refund of premiums to the debtor if the credit insurance is canceled within sixty days of the date of the loan.
(3) This section does not apply to residential mortgage
loans if:
(a) The loan amount does not exceed ten thousand dollars, exclusive of fees;
(b) The repayment term of the loan does not exceed five
years; and
(c) The term of the single premium credit insurance does
not exceed the repayment term of the loan. [2003 c 116 § 1.]
48.18.543
*Reviser’s note: 2007 c 117 replaced the terms "agent" and "broker"
with the term "producer," effective July 1, 2009.
48.18.543 Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions.
(Effective July 1, 2009.) (1) For the purposes of this section:
(a) "Licensee" means every insurance producer licensed
under chapter 48.17 RCW.
(b) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is
constructed or intended to be constructed a single-family
dwelling or multiple family dwelling of four or less units.
(c) "Single premium credit insurance" means credit
insurance purchased with a single premium payment at
inception of coverage.
48.18.543
(2008 Ed.)
48.18.545
(2) An insurer or licensee may not issue or sell any single
premium credit insurance product in connection with a residential mortgage loan unless:
(a) The term of the single premium credit insurance policy is the same as the term of the loan;
(b) The debtor is given the option to buy credit insurance
paid with monthly premiums; and
(c) The single premium credit insurance policy provides
for a full refund of premiums to the debtor if the credit insurance is canceled within sixty days of the date of the loan.
(3) This section does not apply to residential mortgage
loans if:
(a) The loan amount does not exceed ten thousand dollars, exclusive of fees;
(b) The repayment term of the loan does not exceed five
years; and
(c) The term of the single premium credit insurance does
not exceed the repayment term of the loan. [2008 c 217 § 18;
2003 c 116 § 1.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.18.545 Underwriting restrictions that apply to
personal insurance—Credit history or insurance score—
Rules. (1) For the purposes of this section:
(a) "Adverse action" has the same meaning as defined in
the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
Adverse actions include, but are not limited to:
(i) Cancellation, denial, or nonrenewal of personal insurance coverage;
(ii) Charging a higher insurance premium for personal
insurance than would have been offered if the credit history
or insurance score had been more favorable, whether the
charge is by:
(A) Application of a rating rule;
(B) Assignment to a rating tier that does not have the
lowest available rates; or
(C) Placement with an affiliate company that does not
offer the lowest rates available to the consumer within the
affiliate group of insurance companies; or
(iii) Any reduction, adverse, or unfavorable change in
the terms of coverage or amount of any personal insurance
due to a consumer’s credit history or insurance score. A
reduction, adverse, or unfavorable change in the terms of
coverage occurs when:
(A) Coverage provided to the consumer is not as broad in
scope as coverage requested by the consumer but available to
other insureds of the insurer or any affiliate; or
(B) The consumer is not eligible for benefits such as dividends that are available through affiliate insurers.
(b) "Affiliate" has the same meaning as defined in RCW
48.31B.005(1).
(c) "Consumer" means an individual policyholder or
applicant for insurance.
(d) "Consumer report" has the same meaning as defined
in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
(e) "Credit history" means any written, oral, or other
communication of any information by a consumer reporting
agency bearing on a consumer’s creditworthiness, credit
standing, or credit capacity that is used or expected to be
used, or collected in whole or in part, for the purpose of serv48.18.545
[Title 48 RCW—page 123]
48.18.547
Title 48 RCW: Insurance
ing as a factor in determining personal insurance premiums
or eligibility for coverage.
(f) "Insurance score" means a number or rating that is
derived from an algorithm, computer application, model, or
other process that is based in whole or in part on credit history.
(g) "Personal insurance" means:
(i) Private passenger automobile coverage;
(ii) Homeowner’s coverage, including mobile homeowners, manufactured homeowners, condominium owners,
and renter’s coverage;
(iii) Dwelling property coverage;
(iv) Earthquake coverage for a residence or personal
property;
(v) Personal liability and theft coverage;
(vi) Personal inland marine coverage; and
(vii) Mechanical breakdown coverage for personal auto
or home appliances.
(h) "Tier" means a category within a single insurer into
which insureds with substantially like insuring, risk or exposure factors, and expense elements are placed for purposes of
determining rate or premium.
(2) An insurer that takes adverse action against a consumer based in whole or in part on credit history or insurance
score shall provide written notice to the applicant or named
insured. The notice must state the significant factors of the
credit history or insurance score that resulted in the adverse
action. The insurer shall also inform the consumer that the
consumer is entitled to a free copy of their consumer report
under the fair credit reporting act.
(3) An insurer shall not cancel or nonrenew personal
insurance based in whole or in part on a consumer’s credit
history or insurance score. An offer of placement with an
affiliate insurer does not constitute cancellation or nonrenewal under this section.
(4) An insurer may use credit history to deny personal
insurance only in combination with other substantive underwriting factors. For the purposes of this subsection:
(a) "Deny" means an insurer refuses to offer insurance
coverage to a consumer;
(b) An offer of placement with an affiliate insurer does
not constitute denial of coverage; and
(c) An insurer may reject an application when coverage
is not bound or cancel an insurance contract within the first
sixty days after the effective date of the contract.
(5) Insurers shall not deny personal insurance coverage
based on:
(a) The absence of credit history or the inability to determine the consumer’s credit history, if the insurer has received
accurate and complete information from the consumer;
(b) The number of credit inquiries;
(c) Credit history or an insurance score based on collection accounts identified with a medical industry code;
(d) The initial purchase or finance of a vehicle or house
that adds a new loan to the consumer’s existing credit history,
if evident from the consumer report; however, an insurer may
consider the bill payment history of any loan, the total number of loans, or both;
(e) The consumer’s use of a particular type of credit card,
charge card, or debit card; or
[Title 48 RCW—page 124]
(f) The consumer’s total available line of credit; however, an insurer may consider the total amount of outstanding
debt in relation to the total available line of credit.
(6)(a) If disputed credit history is used to determine eligibility for coverage and a consumer is placed with an affiliate that charges higher premiums or offers less favorable policy terms:
(i) The insurer shall reissue or rerate the policy retroactive to the effective date of the current policy term; and
(ii) The policy, as reissued or rerated, shall provide premiums and policy terms the consumer would have been eligible for if accurate credit history had been used to determine
eligibility.
(b) This subsection only applies if the consumer resolves
the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has
been resolved.
(7) The commissioner may adopt rules to implement this
section.
(8) This section applies to all personal insurance policies
issued or renewed after January 1, 2003. [2002 c 360 § 1.]
Captions not law—2002 c 360: "Captions used in this act are not any
part of the law." [2002 c 360 § 3.]
48.18.547 Underwriting restrictions that apply to
medical malpractice insurance—Rules. (1) For the purposes of this section:
(a) "Affiliate" has the same meaning as in RCW
48.31B.005(1).
(b) "Claim" means a demand for monetary damages by a
claimant.
(c) "Claimant" means a person, including a decedent’s
estate, who is seeking or has sought monetary damages for
injury or death caused by medical malpractice.
(d) "Tier" has the same meaning as in RCW
48.18.545(1)(h).
(e) "Underwrite" or "underwriting" means the process of
selecting, rejecting, or pricing a risk, and includes each of
these activities:
(i) Evaluation, selection, and classification of risk,
including placing a risk with an affiliate insurer that has
higher rates and/or rating plan components that will result in
higher premiums;
(ii) Application of classification plans, rates, rating rules,
and rating tiers to an insured risk; and
(iii) Determining eligibility for:
(A) Insurance coverage provisions;
(B) Higher policy limits; or
(C) Premium payment plans.
(2) During each underwriting process, an insurer may
consider the following factors only in combination with other
substantive underwriting factors:
(a) An insured has inquired about the nature or scope of
coverage under a medical malpractice insurance policy;
(b) An insured has notified their insurer about an incident that may be covered under the terms of their medical
malpractice insurance policy, and that incident does not result
in a claim; or
(c) A claim made against an insured was closed by the
insurer without payment. An insurer may consider the effect
48.18.547
(2008 Ed.)
The Insurance Contract
of multiple claims if they have a significant effect on the
insured’s risk profile.
(3) If any underwriting activity related to the insured’s
risk profile results in higher premiums as described under
subsection (1)(e)(i) and (ii) of this section or reduced coverage as described under subsection (1)(e)(iii) of this section,
the insurer must provide written notice to the insured, in clear
and simple language, that describes the significant risk factors which led to the underwriting action. The commissioner
must adopt rules that define the components of a risk profile
that require notice under this subsection. [2006 c 8 § 211.]
Application—2006 c 8 §§ 211-213: "Sections 211, 212, and 213 of this
act apply to insurance policies issued or renewed on or after January 1,
2007." [2006 c 8 § 403.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
48.18.550 Victims of domestic abuse—Prohibition on
certain cancellations, denials, refusals to renew, and different rates—Domestic abuse defined. (1) No insurer shall
deny or refuse to accept an application for insurance, refuse
to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different rate for the
same coverage, on the basis that the applicant or insured person is, has been, or may be a victim of domestic abuse.
(2) Nothing in this section shall prevent an insurer from
taking any of the actions set forth in subsection (1) of this section on the basis of loss history or medical condition or for
any other reason not otherwise prohibited by this section, any
other law, regulation, or rule.
(3) Any form filed or filed after June 11, 1998, subject to
RCW 48.18.120(1) or subject to a rule adopted under RCW
48.18.120(1) may exclude coverage for losses caused by
intentional or fraudulent acts of any insured. Such an exclusion, however, shall not apply to deny an insured’s otherwise-covered property loss if the property loss is caused by
an act of domestic abuse by another insured under the policy,
the insured claiming property loss files a police report and
cooperates with any law enforcement investigation relating to
the act of domestic abuse, and the insured claiming property
loss did not cooperate in or contribute to the creation of the
property loss. Payment by the insurer to an insured may be
limited to the person’s insurable interest in the property less
payments made to a mortgagee or other party with a legal
secured interest in the property. An insurer making payment
to an insured under this section has all rights of subrogation
to recover against the perpetrator of the act that caused the
loss.
(4) Nothing in this section prohibits an insurer from
investigating a claim and complying with chapter 48.30A
RCW.
(5) As used in this section, "domestic abuse" means: (a)
Physical harm, bodily injury, assault, or the infliction of fear
of imminent physical harm, bodily injury, or assault between
family or household members; (b) sexual assault of one family or household member by another; (c) stalking as defined
in RCW 9A.46.110 of one family or household member by
another family or household member; or (d) intentionally,
knowingly, or recklessly causing damage to property so as to
intimidate or attempt to control the behavior of another family or household member. [1998 c 301 § 1.]
48.18.550
(2008 Ed.)
48.18.555
48.18.553 Victims of malicious harassment—Restrictions of underwriting actions—Definitions. (1) For the
purposes of this section:
(a) "Insured" means a current policyholder or a person or
entity that is covered under the insurance policy.
(b) "Malicious harassment" has the same meaning as
RCW 9A.36.080. Under this section, the perpetrator does not
have to be identified for an act of malicious harassment to
have occurred.
(c) "Underwriting action" means an insurer:
(i) Cancels or refuses to renew an insurance policy; or
(ii) Changes the terms or benefits in an insurance policy.
(2) This section applies to property insurance policies if
the insured is:
(a) An individual;
(b) A religious organization;
(c) An educational organization; or
(d) Any other nonprofit organization that is organized
and operated for religious, charitable, or educational purposes.
(3) An insurer may not take an underwriting action on a
policy described in subsection (2) of this section because an
insured has made one or more insurance claims for any loss
that occurred during the preceding sixty months that is the
result of malicious harassment. An insurer may take an
underwriting action due to other factors that are not prohibited by this subsection.
(4) If an insured sustains a loss that is the result of malicious harassment, the insured must file a report with the
police or other law enforcement authority within thirty days
of discovery of the incident, and a law enforcement authority
must determine that a crime has occurred. The report must
contain sufficient information to provide an insurer with reasonable notice that the loss was the result of malicious harassment. The insured has a duty to cooperate with any law
enforcement official or insurer investigation. For incidents of
malicious harassment occurring prior to July 27, 2003, the
insured must file the report within six months of the discovery of the incident.
(5) Annually, each insurer must report underwriting
actions to the commissioner if the insurer has taken an underwriting action against any insured who has filed a claim during the preceding sixty months that was the result of malicious harassment. The report must include the policy number, name of the insured, location of the property, and the
reason for the underwriting action. [2003 c 117 § 1.]
48.18.553
48.18.555 Property insurance—Actions resulting
from arson or malicious mischief—Definitions. (1) For the
purposes of this section:
(a) "Arson" has the same meaning as in chapter 9A.48
RCW.
(b) "Health care facility" has the same meaning as
defined in RCW 48.43.005.
(c) "Health care provider" has the same meaning as
defined in RCW 48.43.005.
(d) "Insured" means a current policyholder or a person or
entity that is covered under the insurance policy.
(e) A perpetrator does not have to be identified for an act
of arson or malicious mischief to have occurred.
48.18.555
[Title 48 RCW—page 125]
48.18.565
Title 48 RCW: Insurance
(f) "Malicious mischief" has the same meaning as in
chapter 9A.48 RCW.
(g) "Underwriting action" means an insurer:
(i) Cancels or refuses to renew an insurance policy; or
(ii) Changes the terms or benefits in an insurance policy.
(2) This section applies to property insurance policies if
the insured is:
(a) A health care facility;
(b) A health care provider; or
(c) A religious organization.
(3) An insurer may not take an underwriting action on a
policy described in subsection (2) of this section because an
insured has made one or more insurance claims for any loss
that occurred during the preceding sixty months that is the
result of arson or malicious mischief. An insurer may take an
underwriting action due to other factors that are not prohibited by this subsection.
(4) If an insured sustains a loss that is the result of arson
or malicious mischief, the insured must file a report with the
police or other law enforcement authority within thirty days
of discovery of the incident, and a law enforcement authority
must determine that a crime has occurred. The report must
contain sufficient information to provide an insurer with reasonable notice that the loss was the result of arson or malicious mischief. The insured has a duty to cooperate with any
law enforcement official or insurer investigation.
(5) Annually, each insurer must report underwriting
actions to the commissioner if the insurer has taken an underwriting action against any insured who has filed a claim during the preceding sixty months that was the result of arson or
malicious mischief. The report must include the policy number, name of the insured, location of the property, and the reason for the underwriting action. [2006 c 145 § 2.]
Finding—Intent—2006 c 145: "The legislature finds that access to
insurance can be imperiled by the response of insurers to criminal acts.
Rather than allow criminals to achieve their objectives, it is the intent of the
legislature that criminals, through criminal acts, should not dictate insurance
underwriting decisions. It is the intent of the legislature that courts should
use restitution from perpetrators of intentional property crimes to make property owners and insurers whole." [2006 c 145 § 1.]
48.18.580 Employer-owned life insurance—Requirements. (1) "Employer-owned life insurance policy" as used
in this section and RCW 48.18.583 means an insurance policy purchased by an employer on the life of an employee, for
the benefit of a person other than the employee or the
employee’s personal representative.
(2) An employer-owned life insurance policy may not be
made or take effect unless at the time the contract is made the
individual insured consents to the contract in writing.
(3) An employer may not retaliate in any manner against
an employee for providing written notice that he or she does
not want to be insured under an employer-owned life insurance policy.
(4) No later than thirty days after the date on which an
employer purchases an employer-owned life insurance policy
on the life of an employee, the employer must provide to the
employee a written notice that contains the following information:
(a) A statement that the employer carries an employerowned life insurance policy on the life of the employee;
(b) The identity of the insurance carrier of the policy;
(c) The maximum face amount of the policy at issue; and
(d) The identity of the beneficiary of the policy. [2005 c
337 § 4.]
48.18.580
Finding—Intent—2005 c 337: See note following RCW 48.18.030.
48.18.583 Employer-owned life insurance—Application to policies. With respect to employer-owned life insurance policies, chapter 337, Laws of 2005 shall apply only to
policies issued and delivered after July 24, 2005. [2005 c 337
§ 6.]
48.18.583
Finding—Intent—2005 c 337: See note following RCW 48.18.030.
48.18.586 Employer-owned life insurance—Rules.
The commissioner shall adopt rules to implement RCW
48.18.010, 48.18.030, 48.18.060, 48.18.580, and 48.18.583.
[2005 c 337 § 7.]
48.18.586
Finding—Intent—2005 c 337: See note following RCW 48.18.030.
Chapter 48.18A
48.18.565 Homeowner’s insurance—Foster parent.
An insurer licensed to write homeowner’s insurance in this
state shall not deny an application for a homeowner’s insurance policy, or cancel, refuse to renew, or modify an existing
homeowner’s insurance policy for the principal reason that
the applicant or insured is a foster parent licensed under chapter 74.15 RCW. [2004 c 84 § 1.]
48.18.565
48.18.570 Life insurance—Lawful travel destinations. (1) No life insurer may deny or refuse to accept an
application for insurance, or refuse to insure, refuse to renew,
cancel, restrict, or otherwise terminate a policy of insurance,
or charge a different rate for the same coverage, based upon
the applicant’s or insured person’s past or future lawful travel
destinations.
(2) Nothing in this section prohibits a life insurer from
excluding or limiting coverage of specific lawful travel, or
charging a differential rate for such coverage, when bona fide
statistical differences in risk or exposure have been substantiated. [2005 c 441 § 1.]
48.18.570
[Title 48 RCW—page 126]
Chapter 48.18A RCW
VARIABLE CONTRACT ACT
Sections
48.18A.010 Short title—Intent.
48.18A.020 Separate accounts authorized—Allocations—Benefits—Limitations—Valuation—Sale, transfer, or exchange of assets.
48.18A.030 Statements required in contracts—Payment on death, incidental benefit provision.
48.18A.035 Return of policy and refund of premium—Notice required—
Effect of return.
48.18A.040 Requirements for operation under this chapter—Considerations—Authorization of subsidiary or affiliate—Exceptions.
48.18A.050 Applicability of other code provisions—Contract requirements.
48.18A.060 Licensing requirement.
48.18A.070 Authority of commissioner.
48.18A.900 Effective date—1969 c 104.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to securities were transferred to the department of financial
institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011.
48.18A.010 Short title—Intent. This chapter shall be
known as the "Variable Contract Act" and is intended to
48.18A.010
(2008 Ed.)
Variable Contract Act
authorize the sale of both individual and group variable contracts. [1969 c 104 § 1.]
48.18A.020 Separate accounts authorized—Allocations—Benefits—Limitations—Valuation—Sale, transfer, or exchange of assets. A domestic life insurer may, by
or pursuant to resolution of its board of directors, establish
one or more separate accounts, and may allocate thereto
amounts (including without limitation proceeds applied
under optional modes of settlement or under dividend
options) to provide for life insurance or annuities (and other
benefits incidental thereto), payable in fixed or variable
amounts or both, subject to the following:
(1) The income, gains, and losses, realized or unrealized,
from assets allocated to a separate account shall be credited to
or charged against the account, without regard to other
income, gains, or losses of the insurer.
(2)(a) Except as hereinafter provided, amounts allocated
to any separate account and accumulations thereon may be
invested and reinvested without regard to any requirements
or limitations prescribed by the laws of this state governing
the investments of life insurers: PROVIDED, That to the
extent that the insurer’s reserve liability with regard to (i)
benefits guaranteed as to dollar amount and duration, and (ii)
funds guaranteed as to principal amount or stated rate of
interest is maintained in any separate account, a portion of the
assets of such separate account at least equal to such reserve
liability shall be invested under such conditions as the commissioner may prescribe. The investments in such separate
account or accounts shall not be taken into account in applying the investment limitations applicable to the investments
of the insurer.
(b) With respect to seventy-five percent of the market
value of the total assets in a separate account no insurer shall
purchase or otherwise acquire the securities of any issuer,
other than securities issued or guaranteed as to principal or
interest by the United States, if immediately after such purchase or acquisition the market value of such investment,
together with prior investments of such separate account in
such security taken at market value, would exceed ten percent
of the market value of the assets of such separate account:
PROVIDED, That the commissioner may waive such limitation if, in his opinion, such waiver will not render the operation of such separate account hazardous to the public or the
policyholders in this state.
(c) Unless otherwise permitted by law or approved by
the commissioner, no insurer shall purchase or otherwise
acquire for its separate accounts the voting securities of any
issuer if as a result of such acquisition the insurer and its separate accounts, in the aggregate, will own more than ten percent of the total issued and outstanding voting securities of
such issuer: PROVIDED, That the foregoing shall not apply
with respect to securities held in separate accounts, the voting
rights in which are exercisable only in accordance with
instructions from persons having interests in such accounts.
(d) The limitations provided in paragraphs (b) and (c) of
this subsection shall not apply to the investment with respect
to a separate account in the securities of an investment company registered under the United States Investment Company
Act of 1940: PROVIDED, That the investments of such
investment company shall comply in substance therewith.
48.18A.020
(2008 Ed.)
48.18A.030
(3) Unless otherwise approved by the commissioner,
assets allocated to a separate account shall be valued at their
market value on the date of valuation, or if there is no readily
available market, then as provided under the terms of the contract or the rules or other written agreement applicable to
such separate account: PROVIDED, That unless otherwise
approved by the commissioner, the portion, if any, of the
assets of such separate account equal to the insurer’s reserve
liability with regard to the guaranteed benefits and funds
referred to in subsection (2) of this section shall be valued in
accordance with the rules otherwise applicable to the
insurer’s assets.
(4) Amounts allocated to a separate account in the exercise of the power granted by this chapter shall be owned by
the insurer and the insurer shall not be, nor hold itself out to
be, a trustee with respect to such amounts. If and to the extent
so provided under the applicable contracts, that portion of the
assets of any such separate account equal to the reserves and
other contract liabilities with respect to such account shall not
be chargeable with liabilities arising out of any other business
the insurer may conduct.
(5) No sale, exchange or other transfer of assets may be
made by an insurer between any of its separate accounts or
between any other investment account and one or more of its
separate accounts unless, in case of a transfer into a separate
account, such transfer is made solely to establish the account
or to support the operation of the contracts with respect to the
separate account to which the transfer is made, and unless
such transfer, whether into or from a separate account, is
made (a) by a transfer of cash, or (b) by a transfer of securities
having a readily determinable market value: PROVIDED,
That such transfer of securities is approved by the commissioner. The commissioner may approve other transfers
among such accounts, if, in his opinion, such transfers would
not be inequitable.
(6) To the extent such insurer deems it necessary to comply with any applicable federal or state law, such insurer,
with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for
persons having interest therein, as may be appropriate, voting
and other rights and special procedures for the conduct of the
business of such account, including without limitation, special rights and procedures relating to investment policy,
investment advisory services, selection of independent public
accountants, and the selection of a committee, the members
of which need not be otherwise affiliated with such insurer, to
manage the business of such account. [1973 1st ex.s. c 163 §
4; 1969 c 104 § 2.]
48.18A.030 Statements required in contracts—Payment on death, incidental benefit provision. (1) Every
variable contract providing benefits payable in variable
amounts delivered or issued for delivery in this state shall
contain a statement of the essential features of the procedures
to be followed by the insurer in determining the dollar
amount of such variable benefits. Any such contract under
which the benefits vary to reflect investment experience,
including a group contract and any certificate in evidence of
variable benefits issued thereunder, shall state that such dollar amount will so vary and shall contain on its first page a
48.18A.030
[Title 48 RCW—page 127]
48.18A.035
Title 48 RCW: Insurance
statement to the effect that the benefits thereunder are on a
variable basis.
(2) Variable annuity contracts delivered or issued for
delivery in this state may include as an incidental benefit provision for payment on death during the deferred period of an
amount not in excess of the greater of the sum of the premiums or stipulated payments paid under the contract or the
value of the contract at time of death. For this purpose such
benefit shall not be deemed to be life insurance and therefore
not subject to any statutory provisions governing life insurance contracts. A provision for any other benefits on death
during the deferred period will be subject to such insurance
law provisions. [1973 1st ex.s. c 163 § 5; 1969 c 104 § 3.]
48.18A.035
48.18A.035 Return of policy and refund of premium—Notice required—Effect of return. (Effective
until July 1, 2009.) Every individual variable contract issued
shall have printed on its face or attached thereto a notice stating in substance that the policy owner shall be permitted to
return the policy within ten days after it is received by the
policy owner and to have the market value of the assets purchased by its premium, less taxes and investment brokerage
commissions, if any, refunded, if, after examination of the
policy, the policy owner is not satisfied with it for any reason.
An additional ten percent penalty shall be added to any premium refund due which is not paid within thirty days of
return of the policy to the insurer or agent. If a policy owner
pursuant to such notice returns the policy to the insurer at its
home or branch office or to the agent through whom it was
purchased, it shall be void from the beginning and the parties
shall be in the same position as if no policy had been issued.
[1983 1st ex.s. c 32 § 7; 1982 c 181 § 15.]
Effective date—1982 c 181 § 15: "Section 15 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect May 1, 1982." [1982 c 181 § 26.]
Severability—1982 c 181: See note following RCW 48.03.010.
the term insurance producer in place of agent. [2008 c 217 §
19; 1983 1st ex.s. c 32 § 7; 1982 c 181 § 15.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Effective date—1982 c 181 § 15: "Section 15 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect May 1, 1982." [1982 c 181 § 26.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.18A.040 Requirements for operation under this
chapter—Considerations—Authorization of subsidiary
or affiliate—Exceptions. No insurer shall deliver or issue,
for delivery within this state, contracts under this chapter
unless it is licensed or organized to do a life insurance or
annuity business in this state, and unless the commissioner is
satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its
operation hazardous to the public or its policyholders in this
state. In this connection, the commissioner shall consider
among other things:
(1) The history and financial condition of the insurer;
(2) The character, responsibility and fitness of the officers and directors of the insurer; and
(3) The law and regulation under which the insurer is
authorized in the state of domicile to issue variable contracts.
An insurer which issues variable contracts and which is
a subsidiary of, or affiliated through common management or
ownership with, another life insurer authorized to do business
in this state may be deemed to have met the provisions of this
section if either it or the parent or affiliated company meets
the requirements hereof: PROVIDED, That no insurer may
provide variable benefits in its contracts unless it is an admitted insurer having and continually maintaining a combined
capital and surplus of at least five million dollars. [1982 c
181 § 10; 1969 c 104 § 4.]
48.18A.040
Severability—1982 c 181: See note following RCW 48.03.010.
48.18A.050 Applicability of other code provisions—
Contract requirements. The provisions of RCW 48.23.020,
48.23.030, 48.23.080 through 48.23.120, 48.23.140,
48.23.150, 48.23.200 through 48.23.240, 48.23.310, and
48.23.360, and the provisions of chapters 48.24 and 48.76
RCW are inapplicable to variable contracts. Any provision in
the code requiring contracts to be participating is not applicable to variable contracts. Except as otherwise provided in
this chapter, all pertinent provisions of the insurance code
apply to separate accounts and contracts relating thereto.
Any individual variable life insurance or individual variable
annuity contract delivered or issued for delivery in this state
must contain grace, reinstatement, and nonforfeiture provisions appropriate to those contracts, and any variable life
insurance contract must provide that the investment experience of the separate account may not operate to reduce the
death benefit below an amount equal to the face amount of
the contract at the time the contract was issued. Any individual variable life insurance contract may contain a provision
for deduction from the death proceeds of amounts of due and
unpaid premiums or of indebtedness which are appropriate to
that contract. The reserve liability for variable annuities must
be established in accordance with actuarial procedures that
48.18A.050
48.18A.035
48.18A.035 Return of policy and refund of premium—Notice required—Effect of return. (Effective July
1, 2009.) (1) Every individual variable contract issued shall
have printed on its face or attached thereto a notice stating in
substance that the policy owner shall be permitted to return
the policy within ten days after it is received by the policy
owner and to have the market value of the assets purchased
by its premium, less taxes and investment brokerage commissions, if any, refunded, if, after examination of the policy, the
policy owner is not satisfied with it for any reason. An additional ten percent penalty shall be added to any premium
refund due which is not paid within thirty days of return of
the policy to the insurer or insurance producer. If a policy
owner pursuant to such notice returns the policy to the insurer
at its home or branch office or to the insurance producer
through whom it was purchased, it shall be void from the
beginning and the parties shall be in the same position as if no
policy had been issued.
(2) No later than January 1, 2010, or when the insurer has
used all of its existing paper variable contract forms which
were in its possession on July 1, 2009, whichever is earlier,
the notice required by subsection (1) of this section shall use
[Title 48 RCW—page 128]
(2008 Ed.)
Rates
recognize the variable nature of the benefits provided and any
mortality guarantees. [2003 c 248 § 6; 1983 c 3 § 150; 1979
c 157 § 2; 1973 1st ex.s. c 163 § 6; 1969 c 104 § 5.]
48.18A.060 Licensing requirement. (Effective until
July 1, 2009.) No person shall be or act as an agent for the
solicitation or sale of variable contracts except while duly
appointed and licensed under the insurance code as a life
insurance agent with respect to the insurer, and while duly
licensed as a security salesman or securities broker under a
license issued by the director of financial institutions pursuant to the securities act of this state; except that any person
who participates only in the sale or offering for sale of variable contracts which fund corporate plans meeting the
requirements for qualification under sections 401 or 403 of
the United States internal revenue code need not be licensed
pursuant to the securities act of this state. [1994 c 92 § 502;
1973 1st ex.s. c 163 § 7; 1969 c 104 § 6.]
48.18A.060
48.18A.060 Licensing requirement. (Effective July 1,
2009.) No person shall be or act as an insurance producer for
the solicitation or sale of variable contracts except while duly
appointed and licensed under the insurance code as a variable
life and variable annuity products insurance producer with
respect to the insurer, and while duly licensed as a security
salesman or securities broker under a license issued by the
director of financial institutions pursuant to the securities act
of this state; except that any person who participates only in
the sale or offering for sale of variable contracts which fund
corporate plans meeting the requirements for qualification
under sections 401 or 403 of the United States internal revenue code need not be licensed pursuant to the securities act of
this state. [2008 c 217 § 20; 1994 c 92 § 502; 1973 1st ex.s.
c 163 § 7; 1969 c 104 § 6.]
48.18A.060
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.18A.070 Authority of commissioner. Notwithstanding any other provision of law, the commissioner shall
have sole and exclusive authority to regulate the issuance and
sale of variable contracts; except for the examination, issuance or renewal, suspension or revocation, of a security salesman’s license issued to persons selling variable contracts. To
carry out the purposes and provisions of this chapter he or she
may independently, and in concert with the director of financial institutions, issue such reasonable rules and regulations
as may be appropriate. [1994 c 92 § 503; 1969 c 104 § 7.]
48.18A.070
48.18A.900 Effective date—1969 c 104. This 1969 act
shall take effect July 1, 1969. [1969 c 104 § 10.]
48.18A.900
Chapter 48.19
Chapter 48.19 RCW
RATES
Sections
48.19.010
48.19.020
48.19.030
48.19.035
48.19.040
(2008 Ed.)
Scope of chapter.
Rate standard.
Making of rates—Criteria.
Making of rates—Definitions—Personal insurance—Use of
credit history or insurance scores—Rules.
Filing required—Contents.
48.19.010
48.19.043
48.19.050
48.19.060
48.19.070
48.19.080
48.19.090
48.19.100
48.19.110
48.19.120
48.19.140
48.19.150
48.19.160
48.19.170
48.19.180
48.19.190
48.19.200
48.19.210
48.19.220
48.19.230
48.19.240
48.19.250
48.19.260
48.19.270
48.19.280
48.19.290
48.19.300
48.19.310
48.19.320
48.19.330
48.19.340
48.19.350
48.19.360
48.19.370
48.19.380
48.19.390
48.19.400
48.19.410
48.19.420
48.19.430
48.19.450
48.19.460
48.19.470
48.19.480
48.19.490
48.19.500
48.19.501
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
Filings by rating bureau.
Filings—Review, waiting period, disapproval.
Special filings.
Waiver of filing.
Excess rates on specific risks.
Disapproval of filing.
Disapproval of special filing.
Subsequent disapproval.
Rating organizations—Discrimination—"Subscriber" defined.
Subscribership not required.
Rating organization license.
Application for license.
Issuance of license.
Suspension or revocation of license.
Notice of changes.
Subscribers—Rights, limitations.
Review of rules and refusal to admit insurers.
Subscriber committees.
Rules cannot affect dividends.
Cooperative activities.
Technical services.
Records—Examinations.
Deviations.
Appeal from rating organization’s action.
Service to insureds.
Complaints of insureds.
Advisory organizations—Definition.
Requisites of advisory organization.
Desist orders.
Disqualification of data.
Joint underwriting or joint reinsurance.
Recording and reporting of loss and expense experience.
Exchange of information.
False or misleading information.
Assigned risks.
Examination of contracts.
Rate agreements.
Penalties.
Casualty rate filing—Credit.
Automobile insurance—Premium reductions for older
insureds completing accident prevention course.
Automobile insurance—Premium reductions for persons eligible under RCW 48.19.460.
Automobile insurance—Completion of accident prevention
course, certificate.
Automobile insurance—Continued eligibility for discount.
Motor vehicle insurance—Seat belts, etc.
Motor vehicle insurance—Anti-theft devices—Lights—Multiple vehicles.
Anti-compact law: RCW 48.30.020.
Discrimination prohibited: RCW 48.18.480.
Rate wars prohibited: RCW 48.30.240.
48.19.010 Scope of chapter. (1) Except as is otherwise
expressly provided the provisions of this chapter apply to all
insurances upon subjects located, resident or to be performed
in this state except:
(a) Life insurance;
(b) disability insurance;
(c) reinsurance except as to joint reinsurance as provided
in RCW 48.19.360;
(d) insurance against loss of or damage to aircraft, their
hulls, accessories, and equipment, or against liability, other
than workers’ compensation and employers’ liability, arising
out of the ownership, maintenance or use of aircraft;
(e) insurance of vessels or craft, their cargoes, marine
builders’ risks, marine protection and indemnity; and such
other risks commonly insured under marine, as distinguished
from inland marine, insurance contracts as may be defined by
ruling of the commissioner for the purposes of this provision;
(f) title insurance.
48.19.010
[Title 48 RCW—page 129]
48.19.020
Title 48 RCW: Insurance
(2) Except, that every insurer shall, as to disability insurance, before using file with the commissioner its manual of
classification, manual of rules and rates, and any modifications thereof. [1987 c 185 § 24; 1947 c 79 § .19.01; Rem.
Supp. 1947 § 45.19.01.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.19.020 Rate standard. Premium rates for insurance
shall not be excessive, inadequate, or unfairly discriminatory.
[1983 1st ex.s. c 32 § 13; 1947 c 79 § .19.02; Rem. Supp.
1947 § 45.19.02.]
48.19.020
48.19.030 Making of rates—Criteria. Rates shall be
used, subject to the other provisions of this chapter, only if
made in accordance with the following provisions:
(1) In the case of insurances under standard fire policies
and that part of marine and transportation insurances not
exempted under RCW 48.19.010, manual, minimum, class or
classification rates, rating schedules or rating plans, shall be
made and adopted; except as to specific rates on inland
marine risks individually rated, which risks are not reasonably susceptible to manual or schedule rating, and which
risks by general custom of the business are not written
according to manual rates or rating plans.
(2) In the case of casualty and surety insurances:
(a) The systems of expense provisions included in the
rates for use by any insurer or group of insurers may differ
from those of other insurers or groups of insurers to reflect
the requirements of the operating methods of any such
insurer or group with respect to any kind of insurance, or with
respect to any subdivision or combination thereof for which
subdivision or combination separate expense provisions are
applicable.
(b) Risks may be grouped by classifications for the
establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual
risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences
among risks that can be demonstrated to have a probable
effect upon losses or expenses.
(3) Due consideration in making rates for all insurances
shall be given to:
(a) Past and prospective loss experience within this state
for experience periods acceptable to the commissioner. If the
information is not available or is not statistically credible, an
insurer may use loss experience in those states which are
likely to produce loss experience similar to that in this state.
(b) Conflagration and catastrophe hazards, where
present.
(c) A reasonable margin for underwriting profit and contingencies.
(d) Dividends, savings and unabsorbed premium deposits allowed or returned by insurers to their policyholders,
members, or subscribers.
(e) Past and prospective operating expenses.
(f) Past and prospective investment income.
(g) All other relevant factors within and outside this
state.
48.19.030
[Title 48 RCW—page 130]
(4) In addition to other factors required by this section,
rates filed by an insurer on its own behalf may also be related
to the insurer’s plan of operation and plan of risk classification.
(5) Except to the extent necessary to comply with RCW
48.19.020 uniformity among insurers in any matter within the
scope of this section is neither required nor prohibited. [1989
c 25 § 3; 1947 c 79 § .19.03; Rem. Supp. 1947 § 45.19.03.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.035 Making of rates—Definitions—Personal
insurance—Use of credit history or insurance scores—
Rules. (1) For the purposes of this section:
(a) "Affiliate" has the same meaning as defined in RCW
48.31B.005(1).
(b) "Consumer" means an individual policyholder or
applicant for insurance.
(c) "Credit history" means any written, oral, or other
communication of any information by a consumer reporting
agency bearing on a consumer’s creditworthiness, credit
standing, or credit capacity that is used or expected to be
used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums
or eligibility for coverage.
(d) "Insurance score" means a number or rating that is
derived from an algorithm, computer application, model, or
other process that is based in whole or in part on credit history.
(e) "Personal insurance" means:
(i) Private passenger automobile coverage;
(ii) Homeowner’s coverage, including mobile homeowners, manufactured homeowners, condominium owners,
and renter’s coverage;
(iii) Dwelling property coverage;
(iv) Earthquake coverage for a residence or personal
property;
(v) Personal liability and theft coverage;
(vi) Personal inland marine coverage; and
(vii) Mechanical breakdown coverage for personal auto
or home appliances.
(2)(a) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage
unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes
and factors used in the calculation of an insurance score.
RCW 48.19.040(5) does not apply to any information filed
under this subsection, and the information shall be withheld
from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be
considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the
commissioner for the sole purpose of enforcement actions
taken by the commissioner.
(b) Each insurer that uses credit history or an insurance
score to determine personal insurance rates, premiums, or eligibility for coverage must file all rates and rating plans for
that line of coverage with the commissioner. This requirement applies equally to a single insurer and two or more affiliated insurers. RCW 48.19.040(5) applies to information
filed under this subsection except that any eligibility rules or
48.19.035
(2008 Ed.)
Rates
guidelines shall be withheld from public inspection under
RCW 48.02.120(3) from the date that the information is filed
and after it becomes effective.
(3) Insurers shall not use the following types of credit
history to calculate a personal insurance score or determine
personal insurance premiums or rates:
(a) The absence of credit history or the inability to determine the consumer’s credit history, unless the insurer has
filed actuarial data segmented by demographic factors in a
manner prescribed by the commissioner that demonstrates
compliance with RCW 48.19.020;
(b) The number of credit inquiries;
(c) Credit history or an insurance score based on collection accounts identified with a medical industry code;
(d) The initial purchase or finance of a vehicle or house
that adds a new loan to the consumer’s existing credit history,
if evident from the consumer report; however, an insurer may
consider the bill payment history of any loan, the total number of loans, or both;
(e) The consumer’s use of a particular type of credit card,
charge card, or debit card; or
(f) The consumer’s total available line of credit; however, an insurer may consider the total amount of outstanding
debt in relation to the total available line of credit.
(4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As
rerated, the consumer shall be charged the same premiums
they would have been charged if accurate credit history was
used to calculate an insurance score. This subsection applies
only if the consumer resolves the dispute under the process
set forth in the fair credit reporting act and notifies the insurer
in writing that the dispute has been resolved.
(5) The commissioner may adopt rules to implement this
section.
(6) This section applies to all personal insurance policies
issued or renewed on or after June 30, 2003. [2004 c 86 § 1;
2002 c 360 § 2.]
Captions not law—2002 c 360: See note following RCW 48.18.545.
48.19.040 Filing required—Contents. (1) Every
insurer or rating organization shall, before using, file with the
commissioner every classifications manual, manual of rules
and rates, rating plan, rating schedule, minimum rate, class
rate, and rating rule, and every modification of any of the
foregoing which it proposes. The insurer need not so file any
rate on individually rated risks as described in subdivision (1)
of RCW 48.19.030; except that any such specific rate made
by a rating organization shall be filed.
(2) Every such filing shall indicate the type and extent of
the coverage contemplated and must be accompanied by sufficient information to permit the commissioner to determine
whether it meets the requirements of this chapter. An insurer
or rating organization shall offer in support of any filing:
(a) The experience or judgment of the insurer or rating
organization making the filing;
(b) An exhibit detailing the major elements of operating
expense for the types of insurance affected by the filing;
(c) An explanation of how investment income has been
taken into account in the proposed rates; and
48.19.040
(2008 Ed.)
48.19.043
(d) Any other information which the insurer or rating
organization deems relevant.
(3) If an insurer has insufficient loss experience to support its proposed rates, it may submit loss experience for similar exposures of other insurers or of a rating organization.
(4) Every such filing shall state its proposed effective
date.
(5) A filing made pursuant to this chapter shall be
exempt from the provisions of RCW 48.02.120(3). However,
the filing and all supporting information accompanying it
shall be open to public inspection only after the filing
becomes effective.
(6) Where a filing is required no insurer shall make or
issue an insurance contract or policy except in accordance
with its filing then in effect, except as is provided by RCW
48.19.090. [1994 c 131 § 8; 1989 c 25 § 4; 1983 1st ex.s. c 32
§ 14; 1947 c 79 § .19.04; Rem. Supp. 1947 § 45.19.04.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.043 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial
property casualty insurance by allowing policies to be issued
more expeditiously and provide a more competitive market
for rates.
(2) Notwithstanding the provisions of RCW
48.19.040(1), commercial property casualty policies may be
issued prior to filing the rates. All commercial property casualty rates shall be filed with the commissioner within thirty
days after an insurer issues any policy using them.
(3) If, within thirty days after a commercial property
casualty rate has been filed, the commissioner finds that the
rate does not meet the requirements of this chapter, the commissioner shall disapprove the filing and give notice to the
insurer or rating organization that made the filing, specifying
how the filing fails to meet the requirements and stating
when, within a reasonable period thereafter, the filing shall
be deemed no longer effective. The commissioner may
extend the time for review another fifteen days by giving
notice to the insurer prior to the expiration of the original
thirty-day period.
(4) Upon a final determination of a disapproval of a rate
filing under subsection (3) of this section, the insurer shall
issue an endorsement changing the rate to comply with the
commissioner’s disapproval from the date the rate is no
longer effective.
(5) For purposes of this section, "commercial property
casualty" means insurance pertaining to a business, profession, occupation, nonprofit organization, or public entity for
the lines of property and casualty insurance defined in RCW
48.11.040, 48.11.050, 48.11.060, or 48.11.070, but does not
mean medical malpractice insurance.
(6) Except as provided in subsection (4) of this section,
the disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
(7) In the event a hearing is held on the actions of the
commissioner under subsection (3) of this section, the burden
48.19.043
[Title 48 RCW—page 131]
48.19.050
Title 48 RCW: Insurance
of proof is on the commissioner. [2006 c 8 § 216; 2003 c 248
§ 7; 1997 c 428 § 2.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
48.19.050 Filings by rating bureau. (1) If so authorized by an insurer, the commissioner shall accept, in lieu of
filings by the insurer, filings on its behalf made by a rating
organization then licensed as provided in this chapter.
(2) As to fire insurance under a standard form fire policy,
and the following insurances (other than vehicle insurance
coverages) when issued as part of a standard form fire policy,
an insurer may so authorize a rating organization to make all
[of] its filings only, and may not make a portion of such filings upon its own behalf and authorize a rating organization
to make other such filings:
(a) Additional property insurance coverages; or
(b) Coverages including any kind of insurance in addition to fire for a single undivided premium.
(3) Except, that notwithstanding the provisions of subsection (2) an insurer which prior to the first day of January,
1947, made its own filings in this state as to a particular class
of fire risks, and its filings in this state as to other classes of
fire risks were made by a rating organization authorized by
the insurer so to do, may:
(a) Continue to make all [of] its own filings as to such
specific class of risks or authorize a rating organization to
make its filings as to such specific class of risks or any part
thereof; and
(b) Authorize a different rating organization to make all
only of its filings [all of its filings only] as to all other classes
of risks insured by it in this state against fire under the standard form fire policy; or
(c) Make all [of] its own filings as to all classes of risks
insured by it against fire under the standard form fire policy,
or make all [of] its own such filings except as to any which
may relate to any such specific class of risks, which filings so
excepted the insurer may authorize a rating organization to
make; or
(d) Authorize a rating organization to make all only of its
filings [all of its filings only] as to all classes or risks insured
by it against fire in this state under the standard form fire policy. [1957 c 193 § 13; 1947 c 79 § .19.05; Rem. Supp. 1947
§ 45.19.05.]
48.19.050
48.19.060 Filings—Review, waiting period, disapproval. (1) The commissioner shall review a filing as soon as
reasonably possible after made, to determine whether it meets
the requirements of this chapter.
(2) Except as provided in RCW 48.19.070 and
48.19.043:
(a) No such filing shall become effective within thirty
days after the date of filing with the commissioner, which
period may be extended by the commissioner for an additional period not to exceed fifteen days if he or she gives
notice within such waiting period to the insurer or rating
organization which made the filing that he or she needs such
additional time for the consideration of the filing. The commissioner may, upon application and for cause shown, waive
such waiting period or part thereof as to a filing that he or she
has not disapproved.
48.19.060
[Title 48 RCW—page 132]
(b) A filing shall be deemed to meet the requirements of
this chapter unless disapproved by the commissioner within
the waiting period or any extension thereof.
(3) Medical malpractice insurance rate filings are subject
to the provisions of this section. [2006 c 8 § 217; 1997 c 428
§ 4; 1989 c 25 § 5; 1947 c 79 § .19.06; Rem. Supp. 1947 §
45.19.06.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.070 Special filings. The following special filings,
when not covered by a previous filing, shall become effective
when filed and shall be deemed to meet the requirements of
this chapter until such time as the commissioner reviews the
filing and for so long thereafter as the filing remains in effect:
(1) Special filings with respect to surety or guaranty
bonds required by law or by court or executive order or by
order, rule or regulation of a public body.
(2) Specific rates on inland marine risks individually
rated by a rating organization, which risks are not reasonably
susceptible to manual or schedule rating, and which risks by
general custom of the business are not written according to
manual rates or rating plans. [1947 c 79 § .19.07; Rem. Supp.
1947 § 45.19.07.]
48.19.070
48.19.080 Waiver of filing. Under such rules and regulations as he shall adopt the commissioner may, by order,
suspend or modify the requirement of filing as to any kind of
insurance. Such orders, rules and regulations shall be made
known to insurers and rating organizations affected thereby.
The commissioner may make such examination as he may
deem advisable to ascertain whether any rates affected by
such order meet the standard prescribed in RCW 48.19.020.
[1981 c 339 § 18; 1947 c 79 § .19.08; Rem. Supp. 1947 §
45.19.08.]
48.19.080
48.19.090 Excess rates on specific risks. Upon written
application of the insured, stating his reasons therefor, filed
with and approved by the commissioner, a rate in excess of
that provided by a filing otherwise applicable may be used on
any specific risk. [1947 c 79 § .19.09; Rem. Supp. 1947 §
45.19.09.]
48.19.090
48.19.100 Disapproval of filing. If within the waiting
period or any extension thereof as provided in RCW
48.19.060, the commissioner finds that a filing does not meet
the requirements of this chapter, he shall disapprove such filing, and shall give notice of such disapproval, specifying the
respect in which he finds the filing fails to meet such requirements, and stating that the filing shall not become effective,
to the insurer or rating organization which made the filing.
[1989 c 25 § 6; 1947 c 79 § .19.10; Rem. Supp. 1947 §
45.19.10.]
48.19.100
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.110 Disapproval of special filing. (1) If within
thirty days after a special filing subject to RCW 48.19.070
has become effective, the commissioner finds that the filing
does not meet the requirements of this chapter, he shall disap48.19.110
(2008 Ed.)
Rates
prove the filing and shall give notice to the insurer or rating
organization which made the filing, specifying in what
respects he finds that the filing fails to meet such requirements and stating when, within a reasonable period thereafter, the filing shall be deemed no longer effective.
(2) Such disapproval shall not affect any contract made
or issued prior to the expiration of the period set forth in the
notice of disapproval. [1947 c 79 § .19.11; Rem. Supp. 1947
§ 45.19.11.]
48.19.120 Subsequent disapproval. (1) If at any time
subsequent to the applicable review period provided in RCW
48.19.060 or 48.19.110, the commissioner finds that a filing
does not meet the requirements of this chapter, he shall, after
a hearing, notice of which was given to every insurer and rating organization which made such filing, issue his order specifying in what respect he finds that such filing fails to meet
the requirements of this chapter, and stating when, within a
reasonable period thereafter, the filings shall be deemed no
longer effective.
(2) Such order shall not affect any contract or policy
made or issued prior to the expiration of the period set forth
in the order.
(3) Any person aggrieved with respect to any filing then
in effect, other than the insurer or rating organization which
made the filing, may make written application to the commissioner for a hearing thereon. The application shall specify the
grounds to be relied upon by the applicant. If the commissioner finds that the application is made in good faith, that the
applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding the
hearing, he shall, within thirty days after receipt of the application, hold a hearing as required in subsection (1) of this section. [1989 c 25 § 7; 1983 1st ex.s. c 32 § 15; 1947 c 79 §
.19.12; Rem. Supp. 1947 § 45.19.12.]
48.19.120
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.140 Rating organizations—Discrimination—
"Subscriber" defined. (1) Every rating organization operating in this state shall furnish its services without discrimination as between its subscribers.
(2) "Subscriber," for the purposes of this chapter and
where the context does not otherwise specify, means any
insurer which employs the services of a rating organization
for the purpose of making filings, whether or not the insurer
is a "member" of such rating organization.
(3) This chapter is not intended to and does not govern or
affect the "membership" relation as such between a rating
organization and insurers who are its "members." [1947 c 79
§ .19.14; Rem. Supp. 1947 § 45.19.14.]
48.19.140
48.19.150 Subscribership not required. No provision
of this code shall require, or be deemed to require, any insurer
to be a subscriber of, or in any other respect affiliated with,
any rating organization. [1947 c 79 § .19.15; Rem. Supp.
1947 § 45.19.15.]
48.19.150
48.19.190
sioner as a rating organization. [1947 c 79 § .19.16; Rem.
Supp. 1947 § 45.19.16.]
48.19.170 Application for license. (1) Any person,
whether domiciled within or outside this state, except as provided in subsection (2) of this section, may make application
to the commissioner for a license as a rating organization for
such kinds of insurance or subdivisions thereof, if for casualty or surety insurances, or for such subdivision, class of
risks or a part or combination thereof, if for other insurances,
as are specified in its application, and shall file therewith:
(a) A copy of its constitution, its articles of agreement or
association, or its certificate of incorporation, or trust agreement, and of its bylaws, rules and regulations governing the
conduct of its business;
(b) A list of its members and a list of its subscribers;
(c) The name and address of a resident of this state upon
whom notices or orders of the commissioner or process
affecting such rating organization may be served, and
(d) A statement of its qualifications as a rating organization.
(2) Any rating organization proposing to act as such as to
insurance under standard form fire policies, shall be licensed
only if all the following conditions are complied with:
(a) The applicant and the operators of such rating organization shall be domiciled in and shall actually reside in this
state.
(b) The ownership of such rating organization shall be
vested in trustees for all its subscribers under such trust
agreement as is approved by the commissioner, and the rating
organization shall be and shall be conducted as a nonprofit
public service institution.
(c) Such rating organization shall not be connected with
any insurer or insurers except to the extent that any such
insurer may be a subscriber to its services. [1947 c 79 §
.19.17; Rem. Supp. 1947 § 45.19.17.]
48.19.170
48.19.180 Issuance of license. (1) If the commissioner
finds that the applicant for a license as a rating organization is
competent, trustworthy and otherwise qualified so to act, and
that its constitution, articles of agreement or association or
certificate of incorporation or trust agreement, and its bylaws,
rules and regulations governing the conduct of its business
conform to the requirements of law, he shall, upon payment
of a license fee of twenty-five dollars, issue a license specifying the kinds of insurance, or subdivisions or class of risk or
part or combination thereof for which the applicant is authorized to act as a rating organization.
(2) The commissioner shall grant or deny in whole or in
part every such application within sixty days of the date of its
filing with him.
(3) A license issued pursuant to this section shall remain
in effect for three years unless sooner suspended or revoked
by the commissioner. [1947 c 79 § .19.18; Rem. Supp. 1947
§ 45.19.18.]
48.19.180
48.19.190 Suspension or revocation of license. (1)
The commissioner may, after a hearing, suspend or revoke
the license issued to a rating organization for any of the following causes:
48.19.190
48.19.160 Rating organization license. No rating
organization shall do business in this state or make filings
with the commissioner unless then licensed by the commis48.19.160
(2008 Ed.)
[Title 48 RCW—page 133]
48.19.200
Title 48 RCW: Insurance
(a) If he finds that the licensee no longer meets the qualifications for the license.
(b) For failure to comply with an order of the commissioner within the time limited by the order, or any extension
thereof which the commissioner may grant.
(2) The commissioner shall not so suspend or revoke a
license for failure to comply with an order until the time prescribed by this code for an appeal from such order to the
superior court has expired or if such appeal has been taken,
until such order has been affirmed.
(3) The commissioner may determine when a suspension
or revocation of license shall become effective. A suspension
of license shall remain in effect for the period fixed by him,
unless he modifies or rescinds the suspension, or until the
order, failure to comply with which constituted grounds for
the suspension, is modified, rescinded or reversed. [1947 c
79 § .19.19; Rem. Supp. 1947 § 45.19.19.]
48.19.200 Notice of changes. Every rating organization
shall notify the commissioner promptly of every change in
(1) its constitution, its articles of agreement or association, or its certificate of incorporation, or trust agreement, and
its bylaws, rules and regulations governing the conduct of its
business;
(2) its list of members and subscribers;
(3) the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such rating organization may be
served. [1947 c 79 § .19.20; Rem. Supp. 1947 § 45.19.20.]
(3) If a rating organization fails to grant or reject an
insurer’s application for subscribership within thirty days
after it was made, the insurer may request a review by the
commissioner as if the application had been rejected. If the
commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he shall order the rating organization to admit the
insurer as a subscriber. If he finds that the action of the rating
organization was justified, he shall make an order affirming
its action. [1947 c 79 § .19.22; Rem. Supp. 1947 § 45.19.22.]
48.19.230 Subscriber committees. The subscribers of
any rating organization may, from time to time, individually
or through committees representing various subscribers, consult with the rating organization with respect to matters
within this chapter which affect such subscribers. [1947 c 79
§ .19.23; Rem. Supp. 1947 § 45.19.23.]
48.19.230
48.19.200
48.19.210 Subscribers—Rights, limitations. (1) Subject to rules and regulations which have been approved by the
commissioner as reasonable, each rating organization shall
permit any insurer to subscribe to its rating services for any
kind of insurance or subdivision thereof, for which it is
authorized to act as a rating organization, subject to subsection (2) of RCW 48.19.050.
(2) Notice of proposed changes in such rules and regulations shall be given to each subscriber.
(3) An insurer shall not concurrently be a subscriber to
the services of more than one rating organization as to the
same subdivision, class of risk or part or combination of a
kind of insurance.
(4) As to fire insurance under standard form fire policies,
an insurer may not concurrently be a subscriber to the services of more than one rating organization except as provided
in subsection (2) of RCW 48.19.050. [1947 c 79 § .19.21;
Rem. Supp. 1947 § 45.19.21.]
48.19.210
48.19.220 Review of rules and refusal to admit insurers. (1) The reasonableness of any rule or regulation in its
application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request
of any subscriber or any such insurer, be reviewed by the
commissioner at a hearing held upon notice to the rating
organization, and to the subscriber or insurer.
(2) If the commissioner finds that such rule or regulation
is unreasonable in its application to subscribers, he shall
order that such rule or regulation shall not be applicable to
subscribers who are not members of the rating organization.
48.19.220
[Title 48 RCW—page 134]
48.19.240 Rules cannot affect dividends. No rating
organization shall adopt any rule the effect of which would be
to prohibit or regulate the payment of dividends, savings or
unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. [1947 c
79 § .19.24; Rem. Supp. 1947 § 45.19.24.]
48.19.240
48.19.250 Cooperative activities. (1) Cooperation
among rating organizations or among rating organizations
and insurers in rate making or in other matters within the
scope of this chapter is hereby authorized, if the filings resulting from such cooperation are subject to all the provisions of
this chapter which are applicable to filings generally.
(2) The commissioner may review such cooperative
activities and practices and if, after a hearing, he finds that
any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this code, he may
issue a written order specifying in what respect such activity
or practice is so unfair, unreasonable, or inconsistent, and
requiring the discontinuance of such activity or practice.
[1947 c 79 § .19.25; Rem. Supp. 1947 § 45.19.25.]
48.19.250
48.19.260 Technical services. Any rating organization
may subscribe for or purchase actuarial, technical or other
services, and such services shall be available to all subscribers without discrimination. [1947 c 79 § .19.26; Rem. Supp.
1947 § 45.19.26.]
48.19.260
48.19.270 Records—Examinations. Each rating organization shall keep an accurate and complete record of all
work performed by it, and of all its receipts and disbursements. Such rating organization and its records shall be
examined by the commissioner at such times and in such
manner as is provided in chapter 48.03 RCW of this code.
[1947 c 79 § .19.27; Rem. Supp. 1947 § 45.19.27.]
48.19.270
48.19.280 Deviations. (1) Every member or subscriber
to a rating organization shall adhere to the filings made on its
behalf by such organization. Deviations from the organization’s filings are permitted only when filed with the commissioner in accordance with this chapter.
48.19.280
(2008 Ed.)
Rates
(2) Every such deviation shall terminate upon a material
change of the basic rate from which the deviation is made.
The commissioner shall determine whether a change of the
basic rate is so material as to require such termination of
deviations. [1989 c 25 § 8; 1957 c 193 § 14; 1947 c 79 §
.19.28; Rem. Supp. 1947 § 45.19.28.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.290 Appeal from rating organization’s action.
(1) Any subscriber to a rating organization may appeal to the
commissioner from the rating organization’s action or decision in approving or rejecting any proposed change in or
addition to the rating organization’s filings. The commissioner shall, after a hearing on the appeal:
(a) Issue an order approving the rating organization’s
action or decision or directing it to give further consideration
to such proposal; or
(b) If the appeal is from the rating organization’s action
or decision in rejecting a proposed addition to its filings, he
may, in event he finds that the action or decision was unreasonable, issue an order directing the rating organization to
make an addition to its filings, on behalf of its subscribers, in
a manner consistent with his findings, within a reasonable
time after the issuance of such order.
(2) If such appeal is based upon the rating organization’s
failure to make a filing on behalf of such subscriber which is
based on a system of expense provisions which differs, in
accordance with the right granted in subdivision (2) of RCW
48.19.030, from the system of expense provisions included in
a filing made by the rating organization, the commissioner
shall, if he grants the appeal, order the rating organization to
make the requested filing for use by the appellant. In deciding
the appeal the commissioner shall apply the standards set
forth in RCW 48.19.020 and 48.19.030. [1947 c 79 § .19.29;
Rem. Supp. 1947 § 45.19.29.]
48.19.290
48.19.300 Service to insureds. Every rating organization and every insurer which makes its own rates shall, within
a reasonable time after receiving written request therefor and
upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the
authorized representative of such insured, all pertinent information as to such rate. [1947 c 79 § .19.30; Rem. Supp. 1947
§ 45.19.30.]
48.19.300
48.19.310 Complaints of insureds. Every rating organization and every insurer which makes its own rates shall
provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be
heard, in person or by his authorized representative, on his
written request to review the manner in which such rating
system has been applied in connection with the insurance
afforded him. If the rating organization or insurer fails to
grant or reject such request within thirty days after it is made,
the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of
such rating organization or such insurer on such request may,
within thirty days after written notice of such action, appeal
to the commissioner, who, after a hearing held upon notice to
the appellant and to the rating organization or insurer, may
48.19.310
(2008 Ed.)
48.19.360
affirm or reverse such action. [1947 c 79 § .19.31; Rem.
Supp. 1947 § 45.19.31.]
48.19.320 Advisory organizations—Definition. (1)
Every group, association or other organization of insurers,
whether located within or outside this state, which assists
insurers which make their own filings or rating organizations
in rate making, by the collection and furnishing of loss or
expense statistics, or by the submission of recommendations,
but which does not make filings under this chapter, shall be
known as an advisory organization.
(2) This section does not apply to subscribers’ committees provided for in RCW 48.19.230. [1947 c 79 § .19.32;
Rem. Supp. 1947 § 45.19.32.]
48.19.320
48.19.330 Requisites of advisory organization. Every
advisory organization before serving as such to any rating
organization or independently filing insurer doing business in
this state, shall file with the commissioner:
(1) A copy of its constitution, its articles of agreement or
association or its certificate of incorporation and of its
bylaws, rules and regulations governing its activities;
(2) A list of its members;
(3) The name and address of a resident of this state upon
whom notices or orders of the commissioner or process
issued at his direction may be served; and
(4) An agreement that the commissioner may examine
such advisory organization in accordance with the provisions
of RCW 48.03.010. [1947 c 79 § .19.33; Rem. Supp. 1947 §
45.19.33.]
48.19.330
48.19.340 Desist orders. If, after a hearing, the commissioner finds that the furnishing of information or assistance by an advisory organization, as referred to in RCW
48.19.320, involves any act or practice which is unfair or
unreasonable or otherwise inconsistent with the provisions of
this code, he may issue a written order specifying in what
respect such act or practice is unfair or unreasonable or so
otherwise inconsistent, and requiring the discontinuance of
such act or practice. [1947 c 79 § .19.34; Rem. Supp. 1947 §
45.19.34.]
48.19.340
48.19.350 Disqualification of data. No insurer which
makes its own filing nor any rating organization shall support
its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has
not complied with this chapter or with any order of the commissioner involving such statistics or recommendations
issued under RCW 48.19.340. If the commissioner finds such
insurer or rating organization to be in violation of this section
he may issue an order requiring the discontinuance of the violation. [1947 c 79 § .19.35; Rem. Supp. 1947 § 45.19.35.]
48.19.350
48.19.360 Joint underwriting or joint reinsurance.
(1) Every group, association or other organization of insurers
which engages in joint underwriting or joint reinsurance,
shall be subject to regulation with respect thereto as is provided in this section, subject, however, with respect to joint
underwriting, to all other provisions of this chapter, and, with
48.19.360
[Title 48 RCW—page 135]
48.19.370
Title 48 RCW: Insurance
respect to joint reinsurance, to RCW 48.19.270, 48.01.080
and 48.19.430; and to chapter 48.03 RCW of this code.
(2) If, after a hearing, the commissioner finds that any
activity or practice of any such group, association or other
organization is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a written
order specifying in what respects such activity or practice is
unfair, or unreasonable or so inconsistent, and requiring the
discontinuance of the activity or practice. [1947 c 79 §
.19.36; Rem. Supp. 1947 § 45.19.36.]
48.19.400 Assigned risks. Agreements may be made
among casualty insurers with respect to the equitable apportionment among them of insurance which may be afforded
applicants who are in good faith entitled to but who are
unable to procure such insurance through ordinary methods
and such insurers may agree among themselves on the use of
reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of
the commissioner. [1947 c 79 § .19.40; Rem. Supp. 1947 §
45.19.40.]
48.19.370 Recording and reporting of loss and
expense experience. (1) The commissioner shall promulgate
reasonable rules and statistical plans, reasonably adapted to
each of the rating systems on file with him, which may be
modified from time to time and which shall be used thereafter
by each insurer in the recording and reporting of its loss and
countrywide expense experience, in order that the experience
of all insurers may be made available at least annually in such
form and detail as may be necessary to aid him in determining whether rating systems comply with the standards set
forth in RCW 48.19.020 and 48.19.030. Such rules and plans
may also provide for the recording and reporting of expense
experience items which are specially applicable to this state
and are not susceptible of determination by a prorating of
countrywide expense experience.
(2) In promulgating such rules and plans, the commissioner shall give due consideration to the rating systems on
file with him and, in order that such rules and plans may be as
uniform as is practicable among the several states, to the rules
and to the form of the plans used for such rating systems in
other states.
(3) No insurer shall be required to record or report its
loss experience on a classification basis that is inconsistent
with the rating system filed by it.
(4) The commissioner may designate one or more rating
organizations or other agencies to assist him in gathering
such experience and making compilations thereof, and such
compilations shall be made available, subject to reasonable
rules promulgated by the commissioner, to insurers and rating organizations.
(5) Reasonable rules and plans may be promulgated by
the commissioner for the interchange of data necessary for
the application of rating plans. [1947 c 79 § .19.37; Rem.
Supp. 1947 § 45.19.37.]
48.19.410 Examination of contracts. (1) The commissioner may permit the organization and operation of examining bureaus for the examination of policies, daily reports,
binders, renewal certificates, endorsements, and other evidences of insurance or of the cancellation thereof, for the purpose of ascertaining that lawful rates are being charged.
(2) A bureau shall examine documents with regard to
such kinds of insurance as the commissioner may, after hearing, reasonably require to be submitted for examination. A
bureau may examine documents as to such other kinds of
insurance as the issuing insurers may voluntarily submit for
examination. Upon request of the commissioner, a bureau
shall also examine affidavits filed pursuant to RCW
48.15.040, surplus lines contracts and related documents, and
shall make recommendations to the commissioner to assist
the commissioner in determining whether surplus lines have
been procured in accordance with chapter 48.15 RCW and
rules issued thereunder.
(3) No bureau shall operate unless licensed by the commissioner as to the kinds of insurance as to which it is permitted so to examine. To qualify for a license a bureau shall:
(a) Be owned in trust for the benefit of all the insurers
regularly using its services, under a trust agreement approved
by the commissioner.
(b) Make its services available without discrimination to
all authorized insurers applying therefor, subject to such reasonable rules and regulations as to the obligations of insurers
using its services, as to the conduct of its affairs, and as to the
correction of errors and omissions in documents examined by
it as are approved by the commissioner.
(c) Have no manager or other employee who is an
employee of an insurer other than to the extent that he is an
employee of the bureau owned by insurers through such trust
agreement.
(d) Pay to the commissioner a fee of ten dollars for issuance of its license.
(4) Such license shall be of indefinite duration and shall
remain in force until revoked by the commissioner or terminated at the request of the bureau. The commissioner may
revoke the license, after hearing,
(a) if the bureau is no longer qualified therefor;
(b) if the bureau fails to comply with a proper order of
the commissioner;
(c) if the bureau violates or knowingly participates in the
violation of any provision of this code.
(5) Any person aggrieved by any rule, regulation, act or
omission of a bureau may appeal to the commissioner therefrom. The commissioner shall hold a hearing upon such
appeal, and shall make such order upon the hearing as he
deems to be proper.
48.19.400
48.19.410
48.19.370
48.19.380 Exchange of information. Every rating
organization and insurer may exchange information and
experience data with insurers and rating organizations in this
and other states and may consult with them with respect to
rate making and the application of rating systems. [1947 c 79
§ .19.38; Rem. Supp. 1947 § 45.19.38.]
48.19.380
48.19.390 False or misleading information. No person shall wilfully withhold information from, or knowingly
give false or misleading information to, the commissioner,
any statistical agency designated by the commissioner, any
rating organization, or any insurer, which will affect the rates
or premiums chargeable under this chapter. [1947 c 79 §
.19.39; Rem. Supp. 1947 § 45.19.39.]
48.19.390
[Title 48 RCW—page 136]
(2008 Ed.)
Rates
(6) Every such bureau operating in this state shall be subject to the supervision of the commissioner, and the commissioner shall examine it as provided in chapter 48.03 RCW of
this code.
(7) Every examining bureau shall keep adequate records
of the outstanding errors and omissions found in coverages
examined by it and of its receipts and disbursements, and
shall hold as confidential all information contained in documents submitted to it for examination.
(8) The commissioner shall not license an additional
bureau for the examination of documents relative to a kind of
insurance if such documents are being examined by a then
existing licensed bureau. Any examining bureau operating in
this state immediately prior to the effective date of this code
under any law of this state repealed as of such date, shall have
prior right to apply for and secure a license under this section.
[1983 1st ex.s. c 32 § 8; 1947 c 79 § .19.41; Rem. Supp. 1947
§ 45.19.41.]
48.19.420 Rate agreements. Two or more insurers
mutually may agree to adhere to rates, rating plans, rating
systems or underwriting practices or uniform modifications
thereof, all subject to the following conditions:
(1) All of the terms of the agreements shall be in writing
executed on behalf of each such insurer.
(2) An executed copy of every such written agreement
and of every modification thereof shall be filed with the commissioner.
(3) Within a reasonable length of time after every such
filing, the commissioner shall either approve or disapprove
such agreement or modification. No such agreement or modification shall be effective unless and until approved by the
commissioner.
(4) The commissioner shall not approve any such agreement or modification which:
(a) Constitutes or would tend to result in an unreasonable
restraint upon free competition;
(b) contains terms otherwise tending to injure the public
interest.
(5) No cause of action shall lie in favor of any insurer
which is party to any such agreement against any other
insurer party thereto on account of any breach thereof.
(6) All rate filings covered by such agreement shall be
subject to the provisions of this chapter or of other applicable
law.
(7) The commissioner may after a hearing thereon and
for cause withdraw any approval previously given any such
agreement or modification. [1947 c 79 § .19.42; Rem. Supp.
1947 § 45.19.42.]
48.19.420
48.19.430 Penalties. Any person violating any provision of this chapter shall be subject to a penalty of not more
than fifty dollars for each such violation, but if such violation
is found to be wilful a penalty of not more than five hundred
dollars for each such violation may be imposed. Such penalties may be in addition to any other penalty provided by law.
[1947 c 79 § .19.43; Rem. Supp. 1947 § 45.19.43.]
48.19.430
48.19.500
accordance with sound and reliable actuarial principles
whether chapter 305, Laws of 1986 requires an insurer to
grant its policyholders a credit in such casualty rate filing.
Upon determining that data in support of such a credit is actuarially credible, the commissioner shall approve or disapprove such casualty rate filing in accordance therewith. The
commissioner shall not approve any casualty rate that is inadequate, excessive, or unfairly discriminatory. [1986 c 305 §
907.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
48.19.460 Automobile insurance—Premium reductions for older insureds completing accident prevention
course. Any schedule of rates or rating plan for automobile
liability and physical damage insurance submitted to or filed
with the commissioner shall provide for an appropriate
reduction in premium charges except for underinsured motorist coverage for those insureds who are fifty-five years of age
and older, for a two-year period after successfully completing
a motor vehicle accident prevention course meeting the criteria of the department of licensing with a minimum of eight
hours, or additional hours as determined by rule of the department of licensing. The classroom course may be conducted
by a public or private agency approved by the department.
An eight-hour course meeting the criteria of the department
of licensing may be offered via an alternative delivery
method of instruction, which may include internet, video, or
other technology-based delivery methods. An agency seeking approval from the department to offer an alternative
delivery method course of instruction is not required to conduct classroom courses under this section. The department of
licensing may adopt rules to ensure that insureds who seek
certification for taking a course offered via an alternative
delivery method have completed the course. [2007 c 258 § 1;
1987 c 377 § 1; 1986 c 235 § 1.]
48.19.460
48.19.470 Automobile insurance—Premium reductions for persons eligible under RCW 48.19.460. All insurance companies writing automobile liability and physical
damage insurance in this state shall allow an appropriate
reduction in premium charges except for underinsured motorist coverage to all eligible persons subject to RCW 48.19.460.
[1986 c 235 § 2.]
48.19.470
48.19.480 Automobile insurance—Completion of
accident prevention course, certificate. Upon successfully
completing the approved course, each participant shall be
issued by the course’s sponsoring agency, a certificate that
shall be the basis of qualification for the discount on insurance. [1986 c 235 § 3.]
48.19.480
48.19.490 Automobile insurance—Continued eligibility for discount. Each participant shall take an approved
course every two years to continue to be eligible for the discount on insurance. [1986 c 235 § 4.]
48.19.490
48.19.500 Motor vehicle insurance—Seat belts, etc.
Due consideration in making rates for motor vehicle insurance shall be given to any anticipated change in losses that
48.19.500
48.19.450 Casualty rate filing—Credit. The commissioner shall, in reviewing a casualty rate filing, determine in
48.19.450
(2008 Ed.)
[Title 48 RCW—page 137]
48.19.501
Title 48 RCW: Insurance
may be attributable to the use of seat belts, child restraints,
and other lifesaving devices. An exhibit detailing these
changes and any credits or discounts resulting from any such
changes shall be included in each filing pertaining to private
passenger automobile (or motor vehicle) insurance. [1989 c
11 § 20; 1987 c 310 § 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
48.20.132
48.20.142
48.20.152
48.20.162
48.20.172
48.20.192
48.20.202
48.20.212
48.19.501 Motor vehicle insurance—Anti-theft
devices—Lights—Multiple vehicles. Due consideration in
making rates for motor vehicle insurance shall be given to:
(1) Any anticipated change in losses that may be attributable to the use of properly installed and maintained anti-theft
devices in the insured private passenger automobile. An
exhibit detailing these losses and any credits or discounts
resulting from any such changes shall be included in each filing pertaining to private passenger automobile (or motor
vehicle) insurance.
(2) Any anticipated change in losses that may be attributable to the use of lights and lighting devices that have been
proven effective in increasing the visibility of motor vehicles
during daytime or in poor visibility conditions and to the use
of rear stop lights that have been proven effective in reducing
rear-end collisions. An exhibit detailing these losses and any
credits or discounts resulting from any such changes shall be
included in each filing pertaining to private passenger automobile (or motor vehicle) insurance.
(3) Any anticipated change in losses per vehicle covered
that may be attributable to the fact that the insured has more
vehicles covered under the policy than there are insured drivers in the same household. An exhibit detailing these changes
and any credits or discounts resulting from any such changes
shall be included in each filing pertaining to private passenger automobile (or motor vehicle) insurance. [1989 c 11 §
21; 1987 c 320 § 1.]
48.19.501
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1987 c 320: "This act shall take effect on January 1,
1988." [1987 c 320 § 2.]
Chapter 48.20
Chapter 48.20 RCW
DISABILITY INSURANCE
Sections
48.20.002
48.20.012
48.20.013
48.20.015
48.20.022
48.20.025
48.20.028
48.20.029
48.20.032
48.20.042
48.20.050
48.20.052
48.20.062
48.20.072
48.20.082
48.20.092
48.20.102
48.20.112
48.20.122
Scope of chapter.
Format of disability policies.
Return of policy and refund of premium—Notice required—
Effect of return.
Endorsements.
Policies issued by domestic insurer for delivery in another
state.
Schedule of rates for individual health benefit plans—Loss
ratio—Remittance of premiums—Definitions.
Calculation of premiums—Adjusted community rating
method—Definitions.
Calculation of premiums—Members of a purchasing pool—
Adjusted community rating method—Definitions.
Standard provisions required—Substitutions—Captions.
Standard provision No. 1—Entire contract; changes.
Standard provision No. 2—Misstatement of age or sex.
Standard provision No. 3—Time limit on certain defenses.
Standard provision No. 4—Grace period.
Standard provision No. 5—Reinstatement.
Standard provision No. 6—Notice of claim.
Standard provision No. 7—Claim forms.
Standard provision No. 8—Proofs of loss.
Standard provision No. 9—Time of payment of claims.
Standard provision No. 10—Payment of claims.
[Title 48 RCW—page 138]
48.20.222
48.20.232
48.20.242
48.20.252
48.20.262
48.20.282
48.20.292
48.20.302
48.20.312
48.20.322
48.20.340
48.20.350
48.20.360
48.20.380
48.20.385
48.20.390
48.20.391
48.20.392
48.20.393
48.20.395
48.20.397
48.20.410
48.20.411
48.20.412
48.20.414
48.20.416
48.20.418
48.20.420
48.20.430
48.20.435
48.20.450
48.20.460
48.20.470
48.20.480
48.20.490
48.20.500
48.20.510
48.20.520
48.20.525
48.20.530
48.20.550
48.20.555
48.20.580
Standard provision No. 11—Physical examination and
autopsy.
Standard provision No. 12—Legal actions.
Standard provision No. 13—Change of beneficiary.
Optional standard provisions.
Optional standard provision No. 14—Change of occupation.
Optional standard provision No. 15—Other insurance in this
insurer.
Optional standard provision No. 16—Insurance with other
insurers (Provision of service or expense incurred basis).
Optional standard provision No. 17—Insurance with other
insurers.
Optional standard provision No. 18—Relation of earnings to
insurance.
Optional standard provision No. 19—Unpaid premium.
Optional standard provision No. 20—Cancellation.
Optional standard provision No. 21—Conformity with state
statutes.
Optional standard provision No. 22—Illegal occupation.
Order of certain policy provisions.
Third party ownership.
Requirements of other jurisdictions.
Age limit.
Effective date of standard provision and certain other sections—Five year period.
"Family expense disability insurance" defined.
"Franchise plan" defined.
Extended disability benefit.
Incontestability after reinstatement.
When injury caused by intoxication or use of narcotics.
Podiatric medicine and surgery.
Diabetes coverage.
Prostate cancer screening.
Mammograms—Insurance coverage.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Optometry.
Registered nurses or advanced registered nurses.
Chiropractic.
Psychological services.
Dentistry.
Denturist services.
Dependent child coverage—Continuation for incapacity.
Dependent child coverage—From moment of birth—Congenital anomalies—Notification of birth.
Option to cover dependents under age twenty-five.
Standardization and simplification of terms and coverages—
Disclosure requirements.
Standardization and simplification—Minimum standards for
benefits and coverages.
Standardization and simplification—Outline of coverage—
Format and contents.
Standardization and simplification—Simplified application
form—Coverage of loss from preexisting health condition.
Continuation of coverage by former spouse and dependents.
Coverage for adopted children.
Cancellation of rider.
Phenylketonuria.
Prescriptions—Preapproval of individual claims—Subsequent
rejection prohibited—Written record required.
Nonresident pharmacies.
Fixed payment insurance—Standard disclosure form.
Fixed payment insurance—Benefit restrictions.
Mental health services—Definition—Coverage required,
when.
Approval of policy forms: RCW 48.18.100.
Assignment of policies: RCW 48.18.360.
Exemption of proceeds: RCW 48.18.400.
General provisions regarding filing, approval, contents of policies, execution, applications, etc.: Chapter 48.18 RCW.
Grounds for disapproval of policy forms: RCW 48.18.110.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minimum standard conditions and terminology for disability policies, established by commissioner: RCW 48.18.120(2).
Minor contracting for life or disability insurance: RCW 48.18.020.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Rates, manuals, classifications—Filing: RCW 48.19.010(2).
(2008 Ed.)
Disability Insurance
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.20.002
48.20.002 Scope of chapter. Nothing in this chapter
shall apply to or affect (1) any policy of workers’ compensation insurance or any policy of liability insurance with or
without supplementary expense coverage therein; or (2) any
policy or contract of reinsurance; or (3) any blanket or group
policy of insurance; or (4) life insurance, endowment or
annuity contracts, or contracts supplemental thereto which
contain only such provisions relating to accident and sickness
insurance as (a) provide additional benefits in case of death or
dismemberment or loss of sight by accident, or as (b) operate
to safeguard such contracts against lapse, or to give a special
surrender value or special benefit or an annuity in the event
that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental
contract. [1987 c 185 § 25; 1951 c 229 § 1.]
Reviser’s note: For prior laws governing standard provision requirements for individual accident or health insurance policies see 1947 c 79 §§
.20.01 through .20.33 and .20.37 and Rem. Supp. 1947 §§ 45.20.01 through
45.20.33 and 45.20.37.
Many of the sections enacted in 1951 c 229 are in substance amendatory of sections previously appearing in chapter 48.20 RCW, although they
appear in 1951 c 229 as new sections. To assist those using the code, the
prior enactment on the same subject is shown in the history note following
the new section wherever practical.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.012
48.20.012 Format of disability policies. No disability
policy shall be delivered or issued for delivery to any person
in this state unless it otherwise complies with this code, and
complies with the following:
(1) It shall purport to insure only one person, except as to
family expense insurance written pursuant to RCW
48.20.340.
(2) The style, arrangement and over-all appearance of
the policy shall give no undue prominence to any portion of
the text, and every printed portion of the text of the policy and
of any endorsements or attached papers shall be plainly
printed in light-faced type of a style in general use, the size of
which shall be uniform and not less than ten-point with a
lower-case unspaced alphabet length not less than one hundred and twenty-point (the "text" shall include all printed
matter except the name and address of the insurer, name or
title of the policy, the brief description if any, and caption and
subcaptions).
(3) The exceptions and reductions of indemnity shall be
set forth in the policy and, other than those contained in RCW
48.20.042 to *48.20.272, inclusive, shall be printed, at the
insurer’s option, either included with the benefit provision to
which they apply, or under an appropriate caption such as
"Exceptions," or "Exceptions and reductions," except that if
an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or
reduction shall be included with the benefit provision to
which it applies.
(4) Each such form, including riders and endorsements,
shall be identified by a form number in the lower left hand
corner of the first page thereof.
(2008 Ed.)
48.20.015
(5) It shall contain no provision purporting to make any
portion of the insurer’s charter, rules, constitution, or bylaws
a part of the policy unless such portion is set forth in full in
the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or shortrate table filed with the commissioner. [1951 c 229 § 2; 1947
c 79 § .20.02; formerly Rem. Supp. 1949 § 45.20.02.]
*Reviser’s note: RCW 48.20.272 was repealed by 2004 c 112 § 6.
48.20.013
48.20.013 Return of policy and refund of premium—
Notice required—Effect of return. (Effective until July 1,
2009.) Every individual disability insurance policy issued
after January 1, 1968, except single premium nonrenewable
policies, shall have printed on its face or attached thereto a
notice stating in substance that the person to whom the policy
is issued shall be permitted to return the policy within ten
days of its delivery to the purchaser and to have the premium
paid refunded if, after examination of the policy, the purchaser is not satisfied with it for any reason. An additional ten
percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy to
the insurer or agent. If a policy holder or purchaser pursuant
to such notice, returns the policy to the insurer at its home or
branch office or to the agent through whom it was purchased,
it shall be void from the beginning and the parties shall be in
the same position as if no policy had been issued. [1983 1st
ex.s. c 32 § 9; 1967 c 150 § 26.]
48.20.013
48.20.013 Return of policy and refund of premium—
Notice required—Effect of return. (Effective July 1,
2009.) Every individual disability insurance policy issued
after January 1, 1968, except single premium nonrenewable
policies, shall have printed on its face or attached thereto a
notice stating in substance that the person to whom the policy
is issued shall be permitted to return the policy within ten
days of its delivery to the purchaser and to have the premium
paid refunded if, after examination of the policy, the purchaser is not satisfied with it for any reason. An additional
ten percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy to
the insurer or insurance producer. If a policy holder or purchaser pursuant to such notice, returns the policy to the
insurer at its home or branch office or to the insurance producer through whom it was purchased, it shall be void from
the beginning and the parties shall be in the same position as
if no policy had been issued. [2008 c 217 § 21; 1983 1st ex.s.
c 32 § 9; 1967 c 150 § 26.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.20.015
48.20.015 Endorsements. If a contract is issued on any
basis other than as applied for, an endorsement setting forth
such modification(s) must accompany and be attached to the
policy; and no endorsement shall be effective unless signed
by the policyowner, and a signed copy thereof returned to the
insurer. [1975 1st ex.s. c 266 § 9.]
[Title 48 RCW—page 139]
48.20.022
Title 48 RCW: Insurance
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.022 Policies issued by domestic insurer for
delivery in another state. If any policy is issued by a
domestic insurer for delivery to a person residing in another
state, and if the insurance commissioner or corresponding
public official of such other state has advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling
require that such policy meet the applicable standards set
forth in this chapter and in chapter 48.18 RCW. [1951 c 229
§ 3.]
48.20.022
48.20.025 Schedule of rates for individual health benefit plans—Loss ratio—Remittance of premiums—Definitions. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Claims" means the cost to the insurer of health care
services, as defined in RCW 48.43.005, provided to a policyholder or paid to or on behalf of the policyholder in accordance with the terms of a health benefit plan, as defined in
RCW 48.43.005. This includes capitation payments or other
similar payments made to providers for the purpose of paying
for health care services for a policyholder.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or not.
(c) "Declination rate" for an insurer means the percentage of the total number of applicants for individual health
benefit plans received by that insurer in the aggregate in the
applicable year which are not accepted for enrollment by that
insurer based on the results of the standard health questionnaire administered pursuant to RCW 48.43.018(2)(a).
(d) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(e) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(f) "Loss ratio" means incurred claims expense as a percentage of earned premiums.
(g) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) An insurer must file supporting documentation of its
method of determining the rates charged for its individual
health benefit plans. At a minimum, the insurer must provide
the following supporting documentation:
(a) A description of the insurer’s rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the insurer’s projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted community rates charged; and
48.20.025
[Title 48 RCW—page 140]
(d) A certification by a member of the American academy of actuaries, or other person approved by the commissioner, that the adjusted community rate charged can be reasonably expected to result in a loss ratio that meets or exceeds
the loss ratio standard of seventy-four percent, minus the premium tax rate applicable to the insurer’s individual health
benefit plans under RCW 48.14.020.
(3) By the last day of May each year any insurer issuing
or renewing individual health benefit plans in this state during the preceding calendar year shall file for review by the
commissioner supporting documentation of its actual loss
ratio and its actual declination rate for its individual health
benefit plans offered or renewed in the state in aggregate for
the preceding calendar year. The filing shall include aggregate earned premiums, aggregate incurred claims, and a certification by a member of the American academy of actuaries,
or other person approved by the commissioner, that the actual
loss ratio has been calculated in accordance with accepted
actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the insurer.
(c) Any dispute regarding the calculation of the actual
loss ratio shall, upon written demand of either the commissioner or the insurer, be submitted to hearing under chapters
48.04 and 34.05 RCW.
(4) If the actual loss ratio for the preceding calendar year
is less than the loss ratio established in subsection (5) of this
section, a remittance is due and the following shall apply:
(a) The insurer shall calculate a percentage of premium
to be remitted to the Washington state health insurance pool
by subtracting the actual loss ratio for the preceding year
from the loss ratio established in subsection (5) of this section.
(b) The remittance to the Washington state health insurance pool is the percentage calculated in (a) of this subsection, multiplied by the premium earned from each enrollee in
the previous calendar year. Interest shall be added to the
remittance due at a five percent annual rate calculated from
the end of the calendar year for which the remittance is due to
the date the remittance is made.
(c) All remittances shall be aggregated and such amounts
shall be remitted to the Washington state high risk pool to be
used as directed by the pool board of directors.
(d) Any remittance required to be issued under this section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (3)(a) of this section or the determination by an administrative law judge
under subsection (3)(c) of this section.
(5) The loss ratio applicable to this section shall be the
percentage set forth in the following schedule that correlates
to the insurer’s actual declination rate in the preceding year,
minus the premium tax rate applicable to the insurer’s individual health benefit plans under RCW 48.14.020.
(2008 Ed.)
Disability Insurance
Actual Declination Rate
Under Six Percent (6%)
Six Percent (6%) or more
(but less than Seven Percent)
Seven Percent (7%) or more
(but less than Eight Percent)
Eight Percent (8%) or more
Loss Ratio
Seventy-Four Percent (74%)
Seventy-Five Percent (75%)
Seventy-Six Percent (76%)
Seventy-Seven Percent
(77%)
[2008 c 303 § 4; 2003 c 248 § 8; 2001 c 196 § 1; 2000 c 79 §
3.]
Effective date—2001 c 196: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 196 § 14.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.20.028 Calculation of premiums—Adjusted community rating method—Definitions. (1) Premiums for
health benefit plans for individuals shall be calculated using
the adjusted community rating method that spreads financial
risk across the carrier’s entire individual product population,
except the individual product population covered under RCW
48.20.029. All such rates shall conform to the following:
(a) The insurer shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The insurer shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be subject
to the requirements of this subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be con48.20.028
(2008 Ed.)
48.20.029
sidered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall pool the medical experience of all individuals purchasing coverage, except individuals purchasing coverage
under RCW 48.20.029, and shall not be required to be pooled
with the medical experience of health benefit plans offered to
small employers under RCW 48.21.045.
(3) As used in this section, "health benefit plan,"
"adjusted community rate," and "wellness activities" mean
the same as defined in RCW 48.43.005.
(4) This section shall not apply to premiums for health
benefit plans covered under RCW 48.20.029. [2006 c 100 §
1; 2000 c 79 § 4; 1997 c 231 § 207; 1995 c 265 § 13.]
Legality of purchasing pools—Federal opinion requested—2006 c
100: "No policy or contract may be solicited, or contribution collected
under this act until a federal opinion is received by the insurance commissioner indicating whether the purchasing pools referenced in sections 2, 4,
and 6 of this act are legal. The commissioner shall request such an opinion
from the federal departments of labor, treasury, health and human services,
or other appropriate federal agencies no later than August 1, 2006. Upon
receipt, the commissioner shall forward the opinion to the legislature, and
within thirty days, provide the legislature with a report assessing the legality
and potential impact of these purchasing pools on the uninsured and insurance markets in Washington state." [2006 c 100 § 7.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.20.029 Calculation of premiums—Members of a
purchasing pool—Adjusted community rating method—
Definitions. (1) Premiums for health benefit plans for individuals who purchase the plan as a member of a purchasing
pool:
(a) Consisting of five hundred or more individuals affiliated with a particular industry;
(b) To whom care management services are provided as
a benefit of pool membership; and
(c) Which allows contributions from more than one
employer to be used towards the purchase of an individual’s
health benefit plan;
shall be calculated using the adjusted community rating
method that spreads financial risk across the entire purchasing pool of which the individual is a member. All such rates
shall conform to the following:
(i) The insurer shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(A) Geographic area;
(B) Family size;
(C) Age;
(D) Tenure discounts; and
(E) Wellness activities.
48.20.029
[Title 48 RCW—page 141]
48.20.032
Title 48 RCW: Insurance
(ii) The adjustment for age in (c)(i)(C) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(iii) The insurer shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer, and coverage for which
medicare is not the primary payer. Both rates are subject to
the requirements of this subsection.
(iv) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(v) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(vi) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(A) Changes to the family composition;
(B) Changes to the health benefit plan requested by the
individual; or
(C) Changes in government requirements affecting the
health benefit plan.
(vii) For the purposes of this section, a health benefit
plan that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(viii) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall not be required to be pooled with the medical experience of health benefit plans offered to small employers
under RCW 48.21.045.
(3) As used in this section, "health benefit plan,"
"adjusted community rates," and "wellness activities" mean
the same as defined in RCW 48.43.005. [2006 c 100 § 2.]
48.20.042 Standard provision No. 1—Entire contract; changes. (Effective until July 1, 2009.) There shall
be a provision as follows:
ENTIRE CONTRACTS; CHANGES: This policy,
including the endorsements and attached papers, if any, constitutes the entire contract of insurance. No change in this
policy shall be valid until approved by an executive officer of
the insurer and unless such approval be endorsed hereon or
attached hereto. No agent has authority to change this policy
or to waive any of its provisions. [1951 c 229 § 5. Prior law:
(i) 1947 c 79 § .20.05; Rem. Supp. 1947 § 45.20.05. (ii) 1947
c 79 § .20.06; Rem. Supp. 1947 § 45.20.06.]
48.20.042
48.20.042 Standard provision No. 1—Entire contract; changes. (Effective July 1, 2009.) There shall be a
provision as follows:
ENTIRE CONTRACTS; CHANGES: This policy,
including the endorsements and attached papers, if any, constitutes the entire contract of insurance. No change in this
policy shall be valid until approved by an executive officer of
the insurer and unless such approval be endorsed hereon or
attached hereto. No insurance producer has authority to
change this policy or to waive any of its provisions. [2008 c
217 § 22; 1951 c 229 § 5. Prior law: (i) 1947 c 79 § .20.05;
Rem. Supp. 1947 § 45.20.05. (ii) 1947 c 79 § .20.06; Rem.
Supp. 1947 § 45.20.06.]
48.20.042
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Legality of purchasing pools—Federal opinion requested—2006 c
100: See note following RCW 48.20.028.
48.20.050 Standard provision No. 2—Misstatement
of age or sex. There shall be a provision as follows:
"MISSTATEMENT OF AGE OR SEX: If the age or sex
of the insured has been misstated, all amounts payable under
this policy shall be such as the premium paid would have purchased at the correct age or sex."
The amount of any underpayments which may have been
made on account of any such misstatement under a disability
income policy shall be paid the insured along with the current
payment and the amount of any overpayment may be charged
against the current or succeeding payments to be made by the
insurer. Interest may be applied to such underpayments or
overpayments as specified in the insurance policy form but
not exceeding six percent per annum. [1983 1st ex.s. c 32 §
16.]
48.20.032 Standard provisions required—Substitutions—Captions. Except as provided in RCW 48.18.130,
each such policy delivered or issued for delivery to any person in this state shall contain the provisions as specified in
RCW 48.20.042 to 48.20.152, inclusive, in the words in
which the same appear; except, that the insurer may, at its
option, substitute for one or more of such provisions corresponding provisions of different wording approved by the
commissioner which are in each instance not less favorable in
any respect to the insured or the beneficiary. Each such provision shall be preceded by the applicable caption shown or,
at the insurer’s option, by such appropriate individual or
group caption or subcaption as the commissioner may
approve. [1951 c 229 § 4; 1947 c 79 § .20.03; formerly Rem.
Supp. 1947 § 45.20.03.]
48.20.052 Standard provision No. 3—Time limit on
certain defenses. There shall be a provision as follows:
"TIME LIMIT ON CERTAIN DEFENSES: (a) After
two years from the date of issue of this policy no misstatements except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void
the policy or to deny a claim for loss incurred or disability (as
defined in the policy) commencing after the expiration of
such two year period."
(The foregoing policy provision shall not be so construed
as to affect any legal requirement for avoidance of a policy or
denial of a claim during such initial two year period, nor to
limit the application of RCW 48.20.050, 48.20.172,
48.20.192, 48.20.202, and 48.20.212 in the event of misstatement with respect to age or occupation or other insurance.)
48.20.032
[Title 48 RCW—page 142]
48.20.050
48.20.052
(2008 Ed.)
Disability Insurance
(A policy which the insured has the right to continue in
force subject to its terms by the timely payment of premium
(1) until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least five years from its date of issue, may
contain in lieu of the foregoing the following provision (from
which the clause in parentheses may be omitted at the
insurer’s option) under the caption "INCONTESTABLE":
"After this policy has been in force for a period of two
years during the lifetime of the insured (excluding any period
during which the insured is disabled), it shall become incontestable as to the statements contained in the application.")
"(b) No claim for loss incurred or disability (as defined
in the policy) commencing after two years from the date of
issue of this policy shall be reduced or denied on the ground
that a disease or physical condition not excluded from coverage by name or specific description effective on the date of
loss had existed prior to the effective date of coverage of this
policy."
(More stringent provisions may be required by the commissioner in connection with individual disability policies
sold without any application or with minimal applications.)
[1983 1st ex.s. c 32 § 17; 1975 1st ex.s. c 266 § 12; 1973 1st
ex.s. c 152 § 4; 1969 ex.s. c 241 § 12; 1951 c 229 § 6.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.20.062 Standard provision No. 4—Grace period.
There shall be a provision as follows:
GRACE PERIOD: A grace period of . . . . (insert a number not less than "7" for weekly premium policies, "10" for
monthly premium policies, and "31" for all other policies)
days will be granted for the payment of each premium falling
due after the first premium, during which grace period the
policy shall continue in force.
(A policy which contains a cancellation provision may
add, at the end of the above provision: "subject to the right of
the insurer to cancel in accordance with the cancellation provision hereof."
A policy in which the insurer reserves the right to refuse
any renewal shall have, at the beginning of the above provision: "Unless not less than five days prior to the premium
due date the insurer has delivered to the insured or has mailed
to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the
period for which the premium has been accepted.") [1951 c
229 § 7.]
48.20.062
48.20.072 Standard provision No. 5—Reinstatement.
(Effective until July 1, 2009.) There shall be a provision as
follows:
REINSTATEMENT: If any renewal premium be not
paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent
duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy: PROVIDED, HOWEVER, That if the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the
premium tendered, the policy will be reinstated upon
48.20.072
(2008 Ed.)
48.20.072
approval of such application by the insurer or, lacking such
approval, upon the forty-fifth day following the date of such
conditional receipt unless the insurer has previously notified
the insured in writing of its disapproval of such application.
The reinstated policy shall cover only loss resulting from
such accidental injury as may be sustained after the date of
reinstatement and loss due to such sickness as may begin
more than ten days after such date. In all other respects the
insured and insurer shall have the same rights thereunder as
they had under the policy immediately before the due date of
the defaulted premium, subject to any provisions endorsed
hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not
been previously paid, but not to any period more than sixty
days prior to the date of reinstatement.
(The last sentence of the above provision may be omitted
from any policy which the insured has the right to continue in
force subject to its terms by the timely payment of premiums
(1) until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least five years from its date of issue.)
[1951 c 229 § 8; 1947 c 79 § .20.07; formerly Rem. Supp.
1947 § 45.20.07.]
48.20.072
48.20.072 Standard provision No. 5—Reinstatement.
(Effective July 1, 2009.) There shall be a provision as follows:
REINSTATEMENT: If any renewal premium be not
paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any
insurance producer duly authorized by the insurer to accept
such premium, without requiring in connection therewith an
application for reinstatement, shall reinstate the policy:
PROVIDED, HOWEVER, That if the insurer or such insurance producer requires an application for reinstatement and
issues a conditional receipt for the premium tendered, the
policy will be reinstated upon approval of such application by
the insurer or, lacking such approval, upon the forty-fifth day
following the date of such conditional receipt unless the
insurer has previously notified the insured in writing of its
disapproval of such application. The reinstated policy shall
cover only loss resulting from such accidental injury as may
be sustained after the date of reinstatement and loss due to
such sickness as may begin more than ten days after such
date. In all other respects the insured and insurer shall have
the same rights thereunder as they had under the policy
immediately before the due date of the defaulted premium,
subject to any provisions endorsed hereon or attached hereto
in connection with the reinstatement. Any premium accepted
in connection with a reinstatement shall be applied to a period
for which premium has not been previously paid, but not to
any period more than sixty days prior to the date of reinstatement.
(The last sentence of the above provision may be omitted
from any policy which the insured has the right to continue in
force subject to its terms by the timely payment of premiums
(1) until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least five years from its date of issue.)
[2008 c 217 § 23; 1951 c 229 § 8; 1947 c 79 § .20.07; formerly Rem. Supp. 1947 § 45.20.07.]
[Title 48 RCW—page 143]
48.20.082
Title 48 RCW: Insurance
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.20.082 Standard provision No. 6—Notice of claim.
There shall be a provision as follows:
NOTICE OF CLAIM: Written notice of claim must be
given to the insurer within twenty days after the occurrence
or commencement of any loss covered by the policy, or as
soon thereafter as is reasonably possible. Notice given by or
on behalf of the insured or the beneficiary to the insurer at
. . . . . . . . . (insert the location of such office as the insurer
may designate for the purpose), or to any authorized agent of
the insurer, with information sufficient to identify the
insured, shall be deemed notice to the insurer.
(In a policy providing a loss-of-time benefit which may
be payable for at least two years, an insurer may at its option
insert the following between the first and second sentences of
the above provision:
"Subject to the qualifications set forth below, if the
insured suffers loss of time on account of disability for which
indemnity may be payable for at least two years, he shall at
least once in every six months after having given notice of
claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of
six months following any filing of proof by the insured or any
payment by the insurer on account of such claim or any
denial of liability in whole or in part by the insurer shall be
excluded in applying this provision. Delay in the giving of
such notice shall not impair the insured’s right to any indemnity which would otherwise have accrued during the period
of six months preceding the date on which such notice is
actually given.") [1951 c 229 § 9. Prior law: 1947 c 79 §
.20.08; Rem. Supp. 1947 § 45.20.08.]
48.20.082
48.20.092 Standard provision No. 7—Claim forms.
There shall be a provision as follows:
CLAIM FORMS: The insurer, upon receipt of a notice
of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are
not furnished within fifteen days after the giving of such
notice the claimant shall be deemed to have complied with
the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of
loss written proof covering the occurrence, the character and
the extent of the loss for which claim is made. [1951 c 229 §
10; 1947 c 79 § .20.10; formerly Rem. Supp. 1947 §
45.20.10.]
48.20.092
Furnishing claim forms does not constitute waiver of any defense by insurer:
RCW 48.18.470.
Insurer has no responsibility as to completion of claim forms: RCW
48.18.460.
48.20.102 Standard provision No. 8—Proofs of loss.
There shall be a provision as follows:
PROOFS OF LOSS: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss
for which this policy provides any periodic payment contingent upon continuing loss within ninety days after the termination of the period for which the insurer is liable and in case
of claim for any other loss within ninety days after the date of
such loss. Failure to furnish such proof within the time
48.20.102
[Title 48 RCW—page 144]
required shall not invalidate nor reduce any claim if it was not
reasonably possible to give proof within such time, provided
such proof is furnished as soon as reasonably possible and in
no event, except in the absence of legal capacity, later than
one year from the time proof is otherwise required. [1951 c
229 § 11. Prior: (i) 1947 c 79 § .20.11; Rem. Supp. 1947 §
45.20.11. (ii) 1947 c 79 § .20.09, part; Rem. Supp. 1947 §
45.20.09, part.]
48.20.112 Standard provision No. 9—Time of payment of claims. There shall be a provision as follows:
TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which
this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject
to due written proof of loss, all accrued indemnities for loss
for which this policy provides periodic payment will be paid
. . . . . . (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid
upon the termination of liability will be paid immediately
upon receipt of due written proof. [1951 c 229 § 12. Prior: (i)
1947 c 79 § .20.13; Rem. Supp. 1947 § 45.20.13. (ii) 1947 c
79 § .20.14; Rem. Supp. 1947 § 45.20.14.]
48.20.112
48.20.122 Standard provision No. 10—Payment of
claims. (1) There shall be a provision as follows:
PAYMENT OF CLAIMS: Indemnity for loss of life will
be payable in accordance with the beneficiary designation
and the provisions respecting such payment which may be
prescribed herein and effective at the time of payment. If no
such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other
accrued indemnities unpaid at the insured’s death may, at the
option of the insurer, be paid either to such beneficiary or to
such estate. All other indemnities will be payable to the
insured.
(2) The following provisions, or either of them, may be
included with the foregoing provision at the option of the
insurer:
"If any indemnity of this policy shall be payable to the
estate of the insured, or to an insured or beneficiary who is a
minor or otherwise not competent to give a valid release, the
insurer may pay such indemnity, up to an amount not exceeding $. . . . . . (insert an amount which shall not exceed $1000),
to any relative by blood or connection by marriage of the
insured or beneficiary who is deemed by the insurer to be
equitably entitled thereto. Any payment made by the insurer
in good faith pursuant to this provision shall fully discharge
the insurer to the extent of such payment."
"Subject to any written direction of the insured in the
application or otherwise all or a portion of any indemnities
provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurer’s option and
unless the insured requests otherwise in writing not later than
the time of filing proofs of such loss, be paid directly to the
hospital or person rendering such services; but it is not
required that the service be rendered by a particular hospital
or person." [1951 c 229 § 13. Prior: 1947 c 79 § .20.15; Rem.
Supp. 1947 § 45.20.15.]
48.20.122
Proceeds of disability policy are exempt from creditors: RCW 48.18.400.
(2008 Ed.)
Disability Insurance
48.20.132 Standard provision No. 11—Physical
examination and autopsy. There shall be a provision as follows:
PHYSICAL EXAMINATIONS AND AUTOPSY: The
insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often
as it may reasonably require during the pendency of a claim
hereunder and to make an autopsy in case of death where it is
not forbidden by law. [1951 c 229 § 14. Prior: 1947 c 79 §
.20.12; Rem. Supp. 1947 § 45.20.12.]
48.20.132
48.20.142 Standard provision No. 12—Legal actions.
There shall be a provision as follows:
LEGAL ACTIONS: No action at law or in equity shall
be brought to recover on this policy prior to the expiration of
sixty days after written proof of loss has been furnished in
accordance with the requirements of this policy. No such
action shall be brought after the expiration of three years after
the time written proof of loss is required to be furnished.
[1951 c 229 § 15. Prior: 1947 c 79 § .20.18; Rem. Supp. 1947
§ 45.20.18.]
48.20.142
48.20.152 Standard provision No. 13—Change of
beneficiary. There shall be a provision as follows:
CHANGE OF BENEFICIARY: Unless the insured
makes an irrevocable designation of beneficiary, the right to
change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite
to surrender or assignment of this policy or to any change of
beneficiary or beneficiaries, or to any other changes in this
policy.
(The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the
insurer’s option.) [1951 c 229 § 16. Prior: 1947 c 79 §
.20.17; Rem. Supp. 1947 § 45.20.17.]
48.20.152
48.20.162 Optional standard provisions. Except as
provided in RCW 48.18.130, no such policy delivered or
issued for delivery to any person in this state shall contain
provisions respecting the matters set forth in RCW 48.20.172
to *48.20.272, inclusive, unless such provisions are in the
words in which the same appear in the applicable section;
except, that the insurer may, at its option, use in lieu of any
such provision a corresponding provision of different wording approved by the commissioner which is not less favorable
in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually
by the appropriate caption or, at the insurer’s option, by such
appropriate individual or group caption or subcaption as the
commissioner may approve. [1951 c 229 § 17. Prior: 1947 c
79 § .20.20; Rem. Supp. 1947 § 45.20.20.]
48.20.162
*Reviser’s note: RCW 48.20.272 was repealed by 2004 c 112 § 6.
48.20.172 Optional standard provision No. 14—
Change of occupation. There may be a provision as follows:
CHANGE OF OCCUPATION: If the insured be injured
or contract sickness after having changed his occupation to
one classified by the insurer as more hazardous than that
stated in this policy or while doing for compensation any48.20.172
(2008 Ed.)
48.20.202
thing pertaining to an occupation so classified, the insurer
will pay only such portion of the indemnities provided in this
policy as the premium paid would have purchased at the rates
and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to
one classified by the insurer as less hazardous than that stated
in this policy, the insurer, upon receipt of proof of such
change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium
from the date of change of occupation or from the policy
anniversary date immediately preceding receipt of such
proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium
rates shall be such as have been last filed by the insurer prior
to the occurrence of the loss for which the insurer is liable or
prior to date of proof of change in occupation with the state
official having supervision of insurance in the state where the
insured resided at the time this policy was issued; but if such
filing was not required, then the classification of occupational
risk and the premium rates shall be those last made effective
by the insurer in such state prior to the occurrence of the loss
or prior to the date of proof of change in occupation. [1951 c
229 § 18.]
48.20.192 Optional standard provision No. 15—
Other insurance in this insurer. There may be a provision
as follows:
OTHER INSURANCE IN THIS INSURER: If an accident or sickness or accident and sickness policy or policies
previously issued by the insurer to the insured be in force
concurrently herewith, making the aggregate indemnity for
. . . . . . . . . (insert type of coverage or coverages) in excess of
$. . . . . . (insert maximum limit of indemnity or indemnities)
the excess insurance shall be void and all premiums paid for
such excess shall be returned to the insured or to his estate.
Or, in lieu thereof:
Insurance effective at any one time on the insured under
a like policy or policies in this insurer is limited to the one
such policy elected by the insured, his beneficiary or his
estate, as the case may be, and the insurer will return all premiums paid for all other such policies. [1951 c 229 § 20.
Prior: 1947 c 79 § .20.24; Rem. Supp. 1947 § 45.20.24.]
48.20.192
48.20.202 Optional standard provision No. 16—
Insurance with other insurers (Provision of service or
expense incurred basis). (1) There may be a provision as
follows:
INSURANCE WITH OTHER INSURERS: If there be
other valid coverage, not with this insurer, providing benefits
for the same loss on a provision of service basis or on an
expense incurred basis and of which this insurer has not been
given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred
coverage of this policy shall be for such proportion of the loss
as the amount which would otherwise have been payable
hereunder plus the total of the like amounts under all such
other valid coverages for the same loss of which this insurer
had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the
premiums paid as shall exceed the pro rata portion for the
48.20.202
[Title 48 RCW—page 145]
48.20.212
Title 48 RCW: Insurance
amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis,
the "like amount" of such other coverage shall be taken as the
amount which the services rendered would have cost in the
absence of such coverage.
(2) If the foregoing policy provision is included in a policy which also contains the policy provision set out in RCW
48.20.212, there shall be added to the caption of the foregoing provision the phrase ". . . . . . expense incurred benefits."
The insurer may, at its option, include in this provision a definition of "other valid coverage," approved as to form by the
commissioner, which definition shall be limited in subject
matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or
any other state of the United States or any province of Canada, and by hospital or medical service organizations, and to
any other coverage the inclusion of which may be approved
by the commissioner. In the absence of such definition such
term shall not include group insurance, automobile medical
payments insurance, or coverage provided by hospital or
medical service organizations or by union welfare plans or
employer or employee benefit organizations. For the purpose
of applying the foregoing policy provision with respect to
any insured, any amount of benefit provided for such insured
pursuant to any compulsory benefit statute (including any
workers’ compensation or employer’s liability statute)
whether provided by a governmental agency or otherwise
shall in all cases be deemed to be "other valid coverage" of
which the insurer has had notice. In applying the foregoing
policy provision no third party liability coverage shall be
included as "other valid coverage." [1987 c 185 § 26; 1951 c
229 § 21. Prior: 1947 c 79 § .20.22; Rem. Supp. 1947 §
45.20.22.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.212 Optional standard provision No. 17—
Insurance with other insurers. (1) There may be a provision as follows:
INSURANCE WITH OTHER INSURERS: If there be
other valid coverage, not with this insurer, providing benefits
for the same loss on other than an expense incurred basis and
of which this insurer has not been given written notice prior
to the occurrence or commencement of loss, the only liability
for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such
loss as the like indemnities of which the insurer had notice
(including the indemnities under this policy) bear to the total
amount of all like indemnities for such loss, and for the return
of such portion of the premium paid as shall exceed the pro
rata portion for the indemnities thus determined.
(2) If the foregoing policy provision is included in a policy which also contains the policy provision set out in RCW
48.20.202, there shall be added to the caption of the foregoing provision the phrase ". . . . . . other benefits." The insurer
may, at its option, include in this provision a definition of
"other valid coverage," approved as to form by the commissioner, which definition shall be limited in subject matter to
coverage provided by organizations subject to regulation by
insurance law or by insurance authorities of this or any other
state of the United States or any province of Canada, and to
48.20.212
[Title 48 RCW—page 146]
any other coverage the inclusion of which may be approved
by the commissioner. In the absence of such definition such
term shall not include group insurance, or benefits provided
by union welfare plans or by employer or employee benefit
organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory
benefit statute (including any workers’ compensation or
employer’s liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be
"other valid coverage" of which the insurer has had notice. In
applying the foregoing policy provision no third party liability coverage shall be included as "other valid coverage."
[1987 c 185 § 27; 1951 c 229 § 22. Prior: 1947 c 79 § .20.22;
Rem. Supp. 1947 § 45.20.22.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.222
48.20.222 Optional standard provision No. 18—
Relation of earnings to insurance. (1) There may be a provision as follows:
RELATION OF EARNINGS TO INSURANCE: If the
total monthly amount of loss of time benefits promised for
the same loss under all valid loss of time coverage upon the
insured, whether payable on a weekly or monthly basis, shall
exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the
period of two years immediately preceding a disability for
which claim is made, whichever is the greater, the insurer
will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the
insured at the time such disability commences and for the
return of such part of the premiums paid during such two
years as shall exceed the pro rata amount of the premiums for
the benefits actually paid hereunder; but this shall not operate
to reduce the total monthly amount of benefits payable under
all such coverage upon the insured below the sum of two hundred dollars or the sum of the monthly benefits specified in
such coverages, whichever is the lesser, nor shall it operate to
reduce benefits other than those payable for loss of time.
(2) The foregoing policy provision may be inserted only
in a policy which the insured has the right to continue in force
subject to its terms by the timely payment of premiums (a)
until at least age 50 or, (b) in the case of a policy issued after
age 44, for at least five years from its date of issue. The
insurer may, at its option, include in this provision a definition of "valid loss of time coverage," approved as to form by
the commissioner, which definition shall be limited in subject
matter to coverage provided by governmental agencies or by
organizations subject to regulation by insurance law or by
insurance authorities of this or any other state of the United
States or any province of Canada, or to any other coverage
the inclusion of which may be approved by the commissioner
or any combination of such coverages. In the absence of such
definition such term shall not include any coverage provided
for such insured pursuant to any compulsory benefit statute
(including any workers’ compensation or employer’s liability
statute), or benefits provided by union welfare plans or by
(2008 Ed.)
Disability Insurance
employer or employee benefit organizations. [1987 c 185 §
28; 1951 c 229 § 23.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.232 Optional standard provision No. 19—
Unpaid premium. There may be a provision as follows:
UNPAID PREMIUM: Upon the payment of a claim
under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.
[1951 c 229 § 24. Prior: 1947 c 79 § .20.23; Rem. Supp. 1947
§ 45.20.23.]
48.20.232
48.20.242 Optional standard provision No. 20—Cancellation. There may be a provision as follows:
CANCELLATION: The insurer may cancel this policy
at any time by written notice delivered to the insured, or
mailed to his last address as shown by the records of the
insurer, stating when, not less than five days thereafter, such
cancellation shall be effective; and after the policy has been
continued beyond its original term the insured may cancel
this policy at any time by written notice delivered or mailed
to the insurer, effective upon receipt or on such later date as
may be specified in such notice. In the event of cancellation,
the insurer will return promptly the unearned portion of any
premium paid. If the insured cancels, the earned premium
shall be computed by the use of the short-rate table last filed
with the state official having supervision of insurance in the
state where the insured resided when the policy was issued. If
the insurer cancels, the earned premium shall be computed
pro rata. Cancellation shall be without prejudice to any claim
originating prior to the effective date of cancellation. [1951 c
229 § 25. Prior: 1947 c 79 § .20.21; Rem. Supp. 1947 §
45.20.21.]
48.20.242
48.20.252 Optional standard provision No. 21—Conformity with state statutes. There may be a provision as follows:
CONFORMITY WITH STATE STATUTES: Any provision of this policy which, on its effective date, is in conflict
with the statutes of the state in which the insured resides on
such date is hereby amended to conform to the minimum
requirements of such statutes. [1951 c 229 § 26.]
48.20.252
48.20.262 Optional standard provision No. 22—Illegal occupation. There may be a provision as follows:
ILLEGAL OCCUPATION: The insurer shall not be liable for any loss to which a contributing cause was the
insured’s commission of or attempt to commit a felony or to
which a contributing cause was the insured’s being engaged
in an illegal occupation. [1951 c 229 § 27. Prior: 1947 c 79
§ .20.26; Rem. Supp. 1947 § 45.20.26.]
48.20.262
48.20.282 Order of certain policy provisions. The
provisions which are the subject of RCW 48.20.042 to
*48.20.272, inclusive, or any corresponding provisions
which are used in lieu thereof in accordance with such sections, shall be printed in the consecutive order of the provisions in such sections or, at the insurer’s option, any such
provision may appear as a unit in any part of the policy, with
48.20.282
(2008 Ed.)
48.20.340
other provisions to which it may be logically related, provided the resulting policy shall not be in whole or in part
unintelligible, uncertain, ambiguous, abstruse, or likely to
mislead a person to whom the policy is offered, delivered or
issued. [1951 c 229 § 29.]
*Reviser’s note: RCW 48.20.272 was repealed by 2004 c 112 § 6.
48.20.292 Third party ownership. The word
"insured," as used in this chapter, shall not be construed as
preventing a person other than the insured with a proper
insurable interest from making application for and owning a
policy covering the insured or from being entitled under such
a policy to any indemnities, benefits and rights provided
therein. [1951 c 229 § 30.]
48.20.292
Insurable interest defined, personal insurance, nonprofit organizations:
RCW 48.18.030.
48.20.302 Requirements of other jurisdictions. (1)
Any policy of a foreign or alien insurer, when delivered or
issued for delivery to any person in this state, may contain
any provision which is not less favorable to the insured or to
the beneficiary than the provisions of this chapter and which
is prescribed or required by the laws of the state under which
the insurer is organized.
(2) Any policy of a domestic insurer may, when issued
for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or
country. [1951 c 229 § 31.]
48.20.302
Domestic insurer may transact insurance in other state as permitted by laws
thereof: RCW 48.07.140.
48.20.312 Age limit. If any such policy contains a provision establishing, as an age limit or otherwise, a date after
which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium
is accepted by the insurer or if the insurer accepts a premium
after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end
of the period for which premium has been accepted. In the
event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by
the policy would not have become effective, or would have
ceased prior to the acceptance of such premium or premiums,
then the liability of the insurer shall be limited to the refund,
upon request, of all premiums paid for the period not covered
by the policy. [1951 c 229 § 32. Prior: 1947 c 79 § .20.25;
Rem. Supp. 1947 § 45.20.25.]
48.20.312
48.20.322 Effective date of standard provision and
certain other sections—Five year period. The provisions
contained in RCW 48.20.002 to 48.20.322, inclusive, shall
take effect on September 1, 1951. A policy, rider or endorsement, which could have been lawfully used or delivered or
issued for delivery to any person in this state immediately
before such effective date may be used or delivered or issued
for delivery to any such person during five years after such
effective date. [1951 c 229 § 33.]
48.20.322
48.20.340 "Family expense disability insurance"
defined. (1) Family expense disability insurance is that cov48.20.340
[Title 48 RCW—page 147]
48.20.350
Title 48 RCW: Insurance
ering members of any one family including one or both
spouses and dependents provided under a master policy
issued to the head of the family.
(2) Any authorized disability insurer may issue family
expense disability insurance.
(3) A disability policy providing such family expense
coverage, in addition to other provisions required to be contained in disability policies under this chapter, shall contain
the following provisions:
(a) A provision that the policy and the application of the
head of the family shall constitute the entire contract between
the parties.
(b) A provision that to the family group originally
insured shall, on notice to the insurer, be added from time to
time all new members of the family as they become eligible
for insurance in such family group, and on the payment of
such additional premium as may be required therefor. [1961
c 194 § 5; 1947 c 79 § .20.34; Rem. Supp. 1947 § 45.20.34.]
policy with respect to the contestability thereof after the original issuance of the policy. [1947 c 79 § .20.38; Rem. Supp.
1947 § 45.20.38.]
48.20.350 "Franchise plan" defined. (1) Disability
insurance on a franchise plan is that issued to
(a) five or more employees of a common employer, or to
(b) ten or more members of any bona fide trade or professional association or labor union, which association or
union was formed and exists for purposes other than that of
obtaining insurance, and under which such employees or
members, with or without their dependents, are issued individual policies which may vary as to amounts and kinds of
coverage as applied for, under an arrangement whereby the
premiums on the policies are to be paid to the insurer periodically by the employer, with or without payroll deductions, or
by the association, or by some designated employee or officer
of the association acting on behalf of the employer or association members.
(2) An insurer may charge different rates, provide different benefits, or employ different underwriting procedure for
individuals insured under a franchise plan, if such rates, benefits, or procedures as used do not discriminate as between
franchise plans, and do not discriminate unfairly as between
individuals insured under franchise plans and individuals otherwise insured under similar policies. [1947 c 79 § .20.35;
Rem. Supp. 1947 § 45.20.35.]
48.20.390 Podiatric medicine and surgery. Notwithstanding any provision of any disability insurance contract,
benefits shall not be denied thereunder for any medical or
surgical service performed by a holder of a license issued
pursuant to chapter 18.22 RCW provided that (1) the service
performed was within the lawful scope of such person’s
license, and (2) such contract would have provided benefits if
such service had been performed by a holder of a license
issued pursuant to chapter 18.71 RCW. [1963 c 87 § 1.]
48.20.385 When injury caused by intoxication or use
of narcotics. An insurer may not deny coverage for the treatment of an injury solely because the injury was sustained as a
consequence of the insured’s being intoxicated or under the
influence of a narcotic. [2004 c 112 § 2.]
48.20.385
Finding—2004 c 112: "The legislature finds that an alcohol or drugrelated injury that requires treatment in an emergency department can be a
critical moment in the life of a person with a substance abuse problem. Studies have demonstrated that appropriate interventions by hospital staff at these
times can reduce substance abuse and lower future health care costs. The
perception among health care providers that they may be penalized by insurers for conducting these interventions prevents many of them from performing interventions which can make all the difference to a person at the crossroads of a substance abuse problem." [2004 c 112 § 1.]
Application—2004 c 112: "This act applies to all contracts issued or
renewed on or after June 10, 2004." [2004 c 112 § 7.]
48.20.350
48.20.360 Extended disability benefit. A disability
insurance contract which provides a reasonable amount of
disability indemnity for both accidental injuries and sickness,
other than a contract of group or blanket insurance, may provide a benefit in amount not exceeding two hundred dollars
payable in event of death from any causes. Such benefit shall
be deemed to constitute the payment of disability benefits
beyond the period for which otherwise payable, and shall not
be deemed to constitute life insurance. [1947 c 79 § .20.36;
Rem. Supp. 1947 § 45.20.36.]
48.20.360
48.20.380 Incontestability after reinstatement. The
reinstatement of any policy of noncancellable disability
insurance hereafter delivered or issued for delivery in this
state shall be contestable only on account of fraud or misrepresentation of facts material to the reinstatement and only for
the same period following reinstatement as is provided in the
48.20.380
[Title 48 RCW—page 148]
48.20.390
Application—1963 c 87: "This act shall apply to all contracts issued on
or after the effective date of this act." [1963 c 87 § 3.]
48.20.391 Diabetes coverage. The legislature finds that
diabetes imposes a significant health risk and tremendous
financial burden on the citizens and government of the state
of Washington, and that access to the medically accepted
standards of care for diabetes, its treatment and supplies, and
self-management training and education is crucial to prevent
or delay the short and long-term complications of diabetes
and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All disability insurance contracts providing health
care services, delivered or issued for delivery in this state and
issued or renewed after January 1, 1998, shall provide benefits for at least the following services and supplies for persons
with diabetes:
(a) For disability insurance contracts that include pharmacy services, appropriate and medically necessary equipment and supplies, as prescribed by a health care provider,
that includes but is not limited to insulin, syringes, injection
aids, blood glucose monitors, test strips for blood glucose
monitors, visual reading and urine test strips, insulin pumps
and accessories to the pumps, insulin infusion devices, prescriptive oral agents for controlling blood sugar levels, foot
48.20.391
(2008 Ed.)
Disability Insurance
care appliances for prevention of complications associated
with diabetes, and glucagon emergency kits; and
(b) For all disability insurance contracts providing health
care services, outpatient self-management training and education, including medical nutrition therapy, as ordered by the
health care provider. Diabetes outpatient self-management
training and education may be provided only by health care
providers with expertise in diabetes. Nothing in this section
prevents the insurer from restricting patients to seeing only
health care providers who have signed participating provider
agreements with the insurer or an insuring entity under contract with the insurer.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements.
(6) The insurer need not include the coverage required in
this section in a group contract offered to an employer or
other group that offers to its eligible enrollees a self-insured
health plan not subject to mandated benefits status under this
title that does not offer coverage similar to that mandated
under this section.
(7) This section does not apply to the health benefit plan
that provides benefits identical to the schedule of services
covered by the basic health plan, as required by RCW
48.20.028. [1997 c 276 § 2.]
Effective date—1997 c 276: See note following RCW 41.05.185.
48.20.392 Prostate cancer screening. (1) Each disability insurance policy issued or renewed after December 31,
2006, that provides coverage for hospital or medical expenses
shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient’s physician, advanced registered nurse
practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of an insurer to negotiate
rates and contract with specific providers for the delivery of
prostate cancer screening services. This section shall not
apply to medicare supplemental policies or supplemental
contracts covering a specified disease or other limited benefits. [2006 c 367 § 2.]
48.20.392
48.20.393 Mammograms—Insurance coverage.
Each disability insurance policy issued or renewed after January 1, 1990, that provides coverage for hospital or medical
expenses shall provide coverage for screening or diagnostic
mammography services, provided that such services are
delivered upon the recommendation of the patient’s physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant to
chapter 18.79 RCW or physician assistant pursuant to chapter
18.71A RCW.
48.20.393
(2008 Ed.)
48.20.411
This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits such as deductible or copayment provisions. This section
does not limit the authority of an insurer to negotiate rates
and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare
supplement policies or supplemental contracts covering a
specified disease or other limited benefits. [1994 sp.s. c 9 §
728; 1989 c 338 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.20.395 Reconstructive breast surgery. (1) Any
disability insurance contract providing hospital and medical
expenses and health care services delivered or issued in this
state after July 24, 1983, shall provide coverage for reconstructive breast surgery resulting from a mastectomy which
resulted from disease, illness, or injury.
(2) Any disability insurance contract providing hospital
and medical expenses and health care services delivered or
issued in this state after January 1, 1986, shall provide coverage for all stages of one reconstructive breast reduction on the
nondiseased breast to make it equal in size with the diseased
breast after definitive reconstructive surgery on the diseased
breast has been performed. [1985 c 54 § 5; 1983 c 113 § 1.]
48.20.395
Effective date—1985 c 54: See note following RCW 48.20.397.
48.20.397 Mastectomy, lumpectomy. No person
engaged in the business of insurance under this chapter may
refuse to issue any contract of insurance or cancel or decline
to renew the contract solely because of a mastectomy or
lumpectomy performed on the insured or prospective insured
more than five years previously. The amount of benefits payable, or any term, rate, condition, or type of coverage shall
not be restricted, modified, excluded, increased, or reduced
solely on the basis of a mastectomy or lumpectomy performed on the insured or prospective insured more than five
years previously. [1985 c 54 § 1.]
48.20.397
Effective date—1985 c 54: "This act shall take effect January 1, 1986."
[1985 c 54 § 9.]
48.20.410 Optometry. Notwithstanding any provision
of any disability insurance contract, benefits shall not be
denied thereunder for any eye care service rendered by a
holder of a license issued pursuant to chapter 18.53 RCW,
provided, that (1) the service rendered was within the lawful
scope of such person’s license, and (2) such contract would
have provided the benefits for such service if rendered by a
holder of a license issued pursuant to chapter 18.71 RCW.
[1965 c 149 § 2.]
48.20.410
Construction—1965 c 149: "Sections 1 through 3 of this act shall not
apply to contracts in force prior to the effective date of this 1965 act, nor to
any renewal of such contracts where there has been no change in any provisions thereof." [1965 c 149 § 4.]
48.20.411 Registered nurses or advanced registered
nurses. Notwithstanding any provision of any disability
insurance contract as provided for in this chapter, benefits
shall not be denied thereunder for any health care service performed by a holder of a license for registered nursing practice
or advanced registered nursing practice issued pursuant to
48.20.411
[Title 48 RCW—page 149]
48.20.412
Title 48 RCW: Insurance
chapter 18.79 RCW if (1) the service performed was within
the lawful scope of such person’s license, and (2) such contract would have provided benefits if such service had been
performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1994 sp.s. c 9 § 729; 1973 1st ex.s.
c 188 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.20.418 Denturist services. Notwithstanding any
provision of any disability insurance contract covering dental
care as provided for in this chapter, effective January 1, 1995,
benefits shall not be denied thereunder for any service performed by a denturist licensed under chapter 18.30 RCW if
(1) the service performed was within the lawful scope of such
person’s license, and (2) such contract would have provided
benefits if such service had been performed by a dentist
licensed under chapter 18.32 RCW. [1995 c 1 § 21 (Initiative
Measure No. 607, approved November 8, 1994).]
48.20.418
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.20.420 Dependent child coverage—Continuation
for incapacity. Any disability insurance contract providing
health care services, delivered or issued for delivery in this
state more than one hundred twenty days after August 11,
1969, which provides that coverage of a dependent child shall
terminate upon attainment of the limiting age for dependent
children specified in the contract, shall also provide in substance that attainment of such limiting age shall not operate to
terminate the coverage of such child while the child is and
continues to be both (1) incapable of self-sustaining employment by reason of developmental disability or physical handicap and (2) chiefly dependent upon the subscriber for support and maintenance, provided proof of such incapacity and
dependency is furnished to the insurer by the subscriber
within thirty-one days of the child’s attainment of the limiting age and subsequently as may be required by the insurer
but not more frequently than annually after the two year
period following the child’s attainment of the limiting age.
[1985 c 264 § 10; 1969 ex.s. c 128 § 3.]
48.20.420
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
48.20.412
48.20.412 Chiropractic. Notwithstanding any provision of any disability insurance contract as provided for in
this chapter, benefits shall not be denied thereunder for any
health care service performed by a holder of a license issued
pursuant to chapter 18.25 RCW if (1) the service performed
was within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
had been performed by a holder of a license issued pursuant
to chapter 18.71 RCW: PROVIDED, HOWEVER, That no
provision of chapter 18.71 RCW shall be asserted to deny
benefits under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1971 ex.s. c 13 § 1.]
48.20.414
48.20.414 Psychological services. Notwithstanding
any provision of any disability insurance contract, benefits
shall not be denied thereunder for any psychological service
rendered by a holder of a license issued pursuant to chapter
18.83 RCW: PROVIDED, That (1) the service rendered was
within the lawful scope of such person’s license, and (2) such
contract would have provided the benefits for such service if
rendered by a holder of a license issued pursuant to chapter
18.71 RCW. [1971 ex.s. c 197 § 1.]
Application—1971 ex.s. c 197: "Sections 1 and 2 of this act shall not
apply to any contract in force prior to the effective date of this 1971 act, nor
to any renewal of such contract where there has been no change in any provision thereof." [1971 ex.s. c 197 § 3.]
48.20.416
48.20.416 Dentistry. Notwithstanding any provision of
any disability insurance contract as provided for in this chapter, benefits shall not be denied thereunder for any health care
service performed by a holder of a license issued pursuant to
chapter 18.32 RCW if (1) the service performed was within
the lawful scope of such person’s license, and (2) such contract would have provided benefits if such service has [had]
been performed by a holder of a license issued [pursuant] to
chapter 18.71 RCW: PROVIDED, HOWEVER, That no
provision of chapter 18.71 RCW shall be asserted to deny
benefits under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1974 ex.s. c 42 § 1.]
[Title 48 RCW—page 150]
48.20.430 Dependent child coverage—From moment
of birth—Congenital anomalies—Notification of birth.
(1) Any disability insurance contract providing hospital and
medical expenses and health care services, delivered or
issued for delivery in this state more than one hundred twenty
days after February 16, 1974, which provides coverage for
dependent children of the insured, shall provide coverage for
newborn infants of the insured from and after the moment of
birth. Coverage provided in accord with this section shall
include, but not be limited to, coverage for congenital anomalies of such infant children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of the
required premium must be furnished to the insurer. The notification period shall be no less than sixty days from the date
of birth. This subsection applies to policies issued or renewed
on or after January 1, 1984. [1983 1st ex.s. c 32 § 18; 1974
ex.s. c 139 § 1.]
48.20.430
48.20.435 Option to cover dependents under age
twenty-five. (Effective January 1, 2009.) Any disability
insurance contract that provides coverage for a subscriber’s
dependent must offer the option of covering any unmarried
dependent under the age of twenty-five. [2007 c 259 § 19.]
48.20.435
Effective date—2007 c 259 §§ 18-22: See note following RCW
41.05.095.
(2008 Ed.)
Disability Insurance
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.20.450 Standardization and simplification of
terms and coverages—Disclosure requirements. The
commissioner shall issue regulations to establish specific
standards, including standards of full and fair disclosure, that
set forth the manner, content, and required disclosure for the
sale of individual policies of disability insurance which shall
be in addition to and in accordance with applicable laws of
this state, including RCW 48.20.450 through 48.20.480,
which may cover but shall not be limited to:
(1) Terms of renewability;
(2) Initial and subsequent conditions of eligibility;
(3) Nonduplication of coverage provisions;
(4) Coverage of dependents;
(5) Preexisting conditions;
(6) Termination of insurance;
(7) Probationary periods;
(8) Limitations;
(9) Exceptions;
(10) Reductions;
(11) Elimination periods;
(12) Requirements for replacement;
(13) Recurrent conditions; and
(14) The definition of terms including but not limited to
the following: Hospital, accident, sickness, injury, physician,
accidental means, total disability, partial disability, nervous
disorder, guaranteed renewable, and noncancellable. [1985 c
264 § 11; 1975 1st ex.s. c 266 § 16.]
48.20.450
Purpose—1975 1st ex.s. c 266: "The purpose of *sections 14 through
18 of this 1975 amendatory act is to provide reasonable standardization and
simplification of terms and coverages of individual disability insurance policies to facilitate public understanding and comparison, to eliminate provisions contained in individual disability insurance policies which may be misleading or unreasonably confusing in connection either with the purchase of
such coverages or with the settlement of claims, and to provide for full disclosure in the sale of disability coverages." [1975 1st ex.s. c 266 § 15.]
*Reviser’s note: During the course of passage of 1975 1st ex.s. c 266
[Substitute House Bill No. 198], the section numbering was changed, but the
internal references were not changed accordingly. Thus the reference "sections 14 through 18 of this 1975 amendatory act" appears to be erroneous.
Reference to "sections 15 through 19," codified herein as this section and
RCW 48.20.450 through 48.20.480, was apparently intended.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.460 Standardization and simplification—Minimum standards for benefits and coverages. (1) The commissioner shall issue regulations to establish minimum standards for benefits under each of the following categories of
coverage in individual policies, other than conversion policies issued pursuant to a contractual conversion privilege
under a group policy, of disability insurance:
(a) Basic hospital expense coverage;
(b) Basic medical-surgical expense coverage;
(c) Hospital confinement indemnity coverage;
(d) Major medical expense coverage;
(e) Disability income protection coverage;
(f) Accident only coverage;
(g) Specified disease or specified accident coverage;
(h) Medicare supplemental coverage; and
(i) Limited benefit coverage.
48.20.460
(2008 Ed.)
48.20.480
(2) Nothing in this section shall preclude the issuance of
any policy which combines two or more of the categories of
coverage enumerated in items (a) through (f) of subsection
(1) of this section.
(3) No policy shall be delivered or issued for delivery in
this state which does not meet the prescribed minimum standards for the categories of coverage listed in items (a)
through (i) of subsection (1) of this section, unless the commissioner finds such policy will be in the public interest and
such policy meets the requirements set forth in RCW
48.18.110.
(4) The commissioner shall prescribe the method of
identification of policies based upon coverages provided.
[1981 c 339 § 19; 1975 1st ex.s. c 266 § 17.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.470 Standardization and simplification—Outline of coverage—Format and contents. (1) No policy of
individual disability insurance shall be delivered or issued for
delivery in this state unless an outline of coverage described
in subsection (2) of this section is furnished to the applicant
in accord with such rules or regulations as the commissioner
shall prescribe.
(2) The commissioner shall prescribe the format and
content of the outline of coverage required by subsection (1)
of this section. "Format" means style, arrangement, and overall appearance, including such items as the size, color, and
prominence of type and the arrangement of text and captions.
Such outline of coverage shall include:
(a) A statement identifying the applicable category or
categories of coverage provided by the policy as prescribed in
RCW 48.20.450;
(b) A description of the principal benefits and coverage
provided in the policy;
(c) A statement of the exceptions, reductions and limitations contained in the policy;
(d) A statement of the renewal provisions including any
reservation by the insurer of a right to change premiums; and
(e) A statement that the outline is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. [1985
c 264 § 12; 1975 1st ex.s. c 266 § 18.]
48.20.470
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.480 Standardization and simplification—Simplified application form—Coverage of loss from preexisting health condition. Notwithstanding the provisions of
RCW 48.20.052, if an insurer elects to use a simplified application form, with or without a question as to the applicant’s
health at the time of application, but without any questions
concerning the insured’s health history or medical treatment
history, the policy must cover any loss occurring after twelve
months from any preexisting condition not specifically
excluded from coverage by terms of the policy, and, except as
so provided, the policy shall not include wording that would
permit a defense based upon preexisting conditions. [1975
1st ex.s. c 266 § 19.]
48.20.480
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
[Title 48 RCW—page 151]
48.20.490
Title 48 RCW: Insurance
48.20.490 Continuation of coverage by former
spouse and dependents. Every policy of disability insurance issued, amended, or renewed after June 12, 1980, for an
individual and his/her dependents shall contain provisions to
assure that the covered spouse and/or dependents, in the
event that any cease to be a qualified family member by reason of termination of marriage or death of the principal
insured, shall have the right to continue the policy coverage
without a physical examination, statement of health, or other
proof of insurability. [1980 c 10 § 1.]
48.20.490
48.20.500 Coverage for adopted children. (1) Any
disability insurance contract providing hospital and medical
expenses and health care services, delivered or issued for
delivery in this state, which provides coverage for dependent
children, as defined in the contract of the insured, shall cover
adoptive children placed with the insured on the same basis
as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment
of the required premium must be furnished to the insurer. The
notification period shall be no less than sixty days from the
date of placement. [1986 c 140 § 2.]
48.20.500
Effective date, application—Severability—1986 c 140: See notes following RCW 48.01.180.
48.20.510 Cancellation of rider. Upon application by
an insured, a rider shall be canceled if at least five years after
its issuance, no health care services have been received by the
insured during that time for the condition specified in the
rider, and a physician, selected by the carrier for that purpose,
agrees in writing to the full medical recovery of the insured
from that condition, such agreement not to be unreasonably
withheld. The option of the insured to apply for cancellation
shall be disclosed on the face of the rider in clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 1.]
48.20.510
48.20.520 Phenylketonuria. (1) The legislature finds
48.20.520
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in
the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any disability insurance contract delivered or issued for delivery or
renewed in this state on or after September 1, 1988, that
insures for hospital or medical expenses shall provide cover[Title 48 RCW—page 152]
age for the formulas necessary for the treatment of phenylketonuria. [1988 c 173 § 1.]
48.20.525 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written
record required. Disability insurance companies who
through an authorized representative have first approved, by
any means, an individual prescription claim as eligible may
not reject that claim at some later date. Pharmacists or drug
dispensing outlets who obtain preapproval of claims shall
keep a written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 2.]
48.20.525
Findings—1993 c 253: "The legislature finds that many health care
insurance entities are initially approving claims as eligible under an identified program, over the telephone, but denying those same claims when they
are submitted for payment. The legislature finds this to be an untenable situation for the providers." [1993 c 253 § 1.]
Effective date—1993 c 253: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 253 § 6.]
48.20.530 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an
enrolled participant or his/her representative, controlled substances, legend drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The
insurers shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of licensure on file.
The department of health may request from the insurer
the proof of current licensure for all nonresident pharmacies
through which the insurer is providing coverage for prescription drugs to residents of the state of Washington. This information, which may constitute a full or partial customer list,
shall be confidential and exempt from public disclosure, and
from the requirements of chapter 42.56 RCW. The board or
the department shall not be restricted in the disclosure of the
name of a nonresident pharmacy that is or has been licensed
under RCW 18.64.360 or 18.64.370 or of the identity of a
nonresident pharmacy disciplined under RCW 18.64.350
through 18.64.400. [2005 c 274 § 310; 1991 c 87 § 7.]
48.20.530
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1991 c 87: See note following RCW 18.64.350.
48.20.550 Fixed payment insurance—Standard disclosure form. The commissioner shall adopt rules setting
forth the content of a standard disclosure form to be provided
to all applicants for individual, illness-triggered fixed payment insurance, hospital confinement fixed payment insurance, or other fixed payment insurance. The standard disclosure shall provide information regarding the level, type, and
amount of benefits provided and the limitations, exclusions,
and exceptions under the policy, as well as additional information to enhance consumer understanding. The disclosure
48.20.550
(2008 Ed.)
Group and Blanket Disability Insurance
shall specifically disclose that the coverage is not comprehensive in nature and will not cover the cost of most hospital
and other medical services. Such disclosure form must be
filed for approval with the commissioner prior to use. The
standard disclosure forms must be provided at the time of
solicitation and completion of the application form. All
advertising and marketing materials other than the standard
disclosure form must be filed with the commissioner at least
thirty days prior to use. [2007 c 296 § 2.]
48.20.555
48.20.555 Fixed payment insurance—Benefit restrictions. Illness-triggered fixed payment insurance, hospital
confinement fixed payment insurance, or other fixed payment insurance policies are not considered to provide coverage for hospital or medical expenses under this chapter, if the
benefits provided are a fixed dollar amount that is paid
regardless of the amount charged. The benefits may not be
related to, or be a percentage of, the amount charged by the
provider of service and must be offered as an independent
and noncoordinated benefit with any other health plan as
defined in RCW 48.43.005(19). [2007 c 296 § 3.]
48.20.580
48.20.580 Mental health services—Definition—Coverage required, when. (1) For the purposes of this section,
"mental health services" means medically necessary outpatient and inpatient services provided to treat mental disorders
covered by the diagnostic categories listed in the most current
version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on
July 24, 2005, or such subsequent date as may be provided by
the insurance commissioner by rule, consistent with the purposes of chapter 6, Laws of 2005, with the exception of the
following categories, codes, and services: (a) Substance
related disorders; (b) life transition problems, currently
referred to as "V" codes, and diagnostic codes 302 through
302.9 as found in the diagnostic and statistical manual of
mental disorders, 4th edition, published by the American psychiatric association; (c) skilled nursing facility services,
home health care, residential treatment, and custodial care;
and (d) court-ordered treatment unless the insurer’s medical
director or designee determines the treatment to be medically
necessary.
(2) Each disability insurance contract delivered, issued
for delivery, or renewed on or after January 1, 2008, providing coverage for medical and surgical services shall provide
coverage for:
(a) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the disability insurance contract.
Wellness and preventive services that are provided or reimbursed at a lesser copayment, coinsurance, or other cost sharing than other medical and surgical services are excluded
from this comparison. If the disability insurance contract
imposes a maximum out-of-pocket limit or stop loss, it shall
be a single limit or stop loss for medical, surgical, and mental
health services; and
(b) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
(2008 Ed.)
Chapter 48.21
extent, and under the same terms and conditions, as other prescription drugs covered by the disability insurance contract.
(3) Each disability insurance contract delivered, issued
for delivery, or renewed on or after July 1, 2010, providing
coverage for medical and surgical services shall provide coverage for:
(a) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the disability insurance contract.
Wellness and preventive services that are provided or reimbursed at a lesser copayment, coinsurance, or other cost sharing than other medical and surgical services are excluded
from this comparison. If the disability insurance contract
imposes a maximum out-of-pocket limit or stop loss, it shall
be a single limit or stop loss for medical, surgical, and mental
health services. If the disability insurance contract imposes
any deductible, mental health services shall be included with
medical and surgical services for the purpose of meeting the
deductible requirement. Treatment limitations or any other
financial requirements on coverage for mental health services
are only allowed if the same limitations or requirements are
imposed on coverage for medical and surgical services; and
(b) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the disability insurance contract.
(4) In meeting the requirements of this section, disability
insurance contracts may not reduce the number of mental
health outpatient visits or mental health inpatient days below
the level in effect on July 1, 2002.
(5) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(6) Nothing in this section shall be construed to prevent
the management of mental health services. [2007 c 8 § 1.]
Effective date—2007 c 8: "This act takes effect January 1, 2008."
[2007 c 8 § 8.]
Chapter 48.21 RCW
GROUP AND BLANKET DISABILITY INSURANCE
Chapter 48.21
Sections
48.21.010
48.21.015
48.21.020
48.21.030
48.21.040
48.21.045
48.21.047
48.21.050
48.21.060
48.21.070
48.21.075
48.21.080
48.21.090
48.21.100
48.21.110
48.21.120
48.21.125
"Group disability insurance" defined.
"Group stop loss insurance" defined for the purpose of exemption—Scope of application.
"Employees," "employer" defined.
Health care groups.
"Blanket disability insurance" defined.
Health plan benefits for small employers—Coverage—
Exemption from statutory requirements—Premium rates—
Requirements for providing coverage for small employers—
Definitions.
Requirements for plans offered to small employers—Definitions.
Standard provisions required.
The contract—Representations.
Payment of premiums.
Payment of premiums by employee in event of suspension of
compensation due to labor dispute.
Certificates of coverage.
Age limitations.
Examination and autopsy.
Payment of benefits.
Readjustment of premiums—Dividends.
When injury caused by intoxication or use of narcotics.
[Title 48 RCW—page 153]
48.21.010
48.21.130
48.21.140
48.21.141
48.21.142
48.21.143
48.21.144
48.21.146
48.21.148
48.21.150
48.21.155
48.21.157
48.21.160
48.21.180
48.21.190
48.21.195
48.21.197
48.21.200
48.21.220
48.21.225
48.21.227
48.21.230
48.21.235
48.21.241
48.21.242
48.21.244
48.21.250
48.21.260
48.21.270
48.21.280
48.21.290
48.21.300
48.21.310
48.21.320
48.21.325
48.21.330
48.21.370
48.21.375
Title 48 RCW: Insurance
Podiatric medicine and surgery.
Optometry.
Registered nurses or advanced registered nurses.
Chiropractic.
Diabetes coverage—Definitions.
Psychological services.
Dentistry.
Denturist services.
Dependent child coverage—Continuation for incapacity.
Dependent child coverage—From moment of birth—Congenital anomalies—Notification of birth.
Option to cover dependents under age twenty-five.
Chemical dependency benefits—Legislative declaration.
Chemical dependency benefits—Contracts issued or renewed
after January 1, 1988.
Chemical dependency benefits—RCW 48.21.160 through
48.21.190, 48.44.240 inapplicable, when.
"Chemical dependency" defined.
Chemical dependency benefits—Rules.
Individual or group disability, health care service contract,
health maintenance agreement—Reduction of benefits on
basis of other existing coverages.
Home health care, hospice care, optional coverage required—
Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.
Mammograms—Insurance coverage.
Prostate cancer screening.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Mental health services—Group health plans—Definition—
Coverage required, when.
Mental health treatment—Waiver of preauthorization for persons involuntarily committed.
Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or after January 1, 1990.
Continuation option to be offered.
Conversion policy to be offered—Exceptions, conditions.
Conversion policy—Restrictions and requirements.
Coverage for adopted children.
Cancellation of rider.
Phenylketonuria.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Temporomandibular joint disorders—Insurance coverage.
Prescriptions—Preapproval of individual claims—Subsequent
rejection prohibited—Written record required.
Nonresident pharmacies.
Fixed payment insurance—Standard disclosure form.
Fixed payment insurance—Benefit restrictions.
Irrigation district may contract for and pay premiums on group insurance
for employees: RCW 87.03.160.
Minimum standards for disability policies may be promulgated by commissioner: RCW 48.18.120.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Policy dividends are payable to real party in interest: RCW 48.18.340.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.21.010 "Group disability insurance" defined.
Group disability insurance is that form of disability insurance, including stop loss insurance as defined in RCW
48.11.030, provided by a master policy issued to an
employer, to a trustee appointed by an employer or employers, or to an association of employers formed for purposes
other than obtaining such insurance, covering, with or without their dependents, the employees, or specified categories
of the employees, of such employers or their subsidiaries or
affiliates, or issued to a labor union, or to an association of
employees formed for purposes other than obtaining such
insurance, covering, with or without their dependents, the
members, or specified categories of the members, of the labor
union or association, or issued pursuant to RCW 48.21.030.
Group disability insurance shall also include such other
48.21.010
[Title 48 RCW—page 154]
groups as qualify for group life insurance under the provisions of this code. [1992 c 226 § 2; 1949 c 190 § 27; 1947 c
79 § .21.01; Rem. Supp. 1949 § 45.21.01.]
Application—1992 c 226: See note following RCW 48.11.030.
48.21.015 "Group stop loss insurance" defined for
the purpose of exemption—Scope of application. Group
stop loss insurance is exempt from all sections of this chapter
and chapter 48.32A RCW except for RCW 48.21.010 and
this section. For the purpose of this exemption, group stop
loss is further defined as follows:
(1) The policy must be issued to and insure the employer,
the trustee or other sponsor of the plan, or the plan itself, but
not the employees, members, or participants;
(2) Payment by the insurer must be made to the
employer, the trustee, or other sponsor of the plan or the plan
itself, but not to the employees, members, participants, or
health care providers;
(3) The policy must contain a provision that establishes
an aggregate attaching point or retention that is at the minimum one hundred twenty percent of the expected claims; and
(4) The policy may provide for an individual attaching
point or retention that is not less than five percent of the
expected claims or one hundred thousand dollars, whichever
is less. [2000 c 80 § 8; 1992 c 226 § 3.]
48.21.015
Application—1992 c 226: See note following RCW 48.11.030.
48.21.020 "Employees," "employer" defined. The
term "employees" as used in this chapter shall be deemed to
include as employees of a single employer, the compensated
officers, managers, and employees of the employer and of
subsidiary or affiliated corporations of a corporation
employer, and the individual proprietors, partners, and
employees of individuals and firms of which the business is
controlled by the insured employer through stock ownership,
contract or otherwise. The term "employer" as used in this
chapter shall be deemed to include any municipal corporation
or governmental unit, agency or department thereof as well as
private individuals, firms, corporations and other persons.
[1947 c 79 § .21.02; Rem. Supp. 1947 § 45.21.02.]
48.21.020
48.21.030 Health care groups. A policy of group disability insurance may be issued to a corporation, as policyholder, existing primarily for the purpose of assisting individuals who are its subscribers in securing medical, hospital,
dental, and other health care services for themselves and their
dependents, covering all and not less than five hundred such
subscribers and dependents, with respect only to medical,
hospital, dental, and other health care services. [1947 c 79 §
.21.03; Rem. Supp. 1947 § 45.21.03.]
48.21.030
48.21.040 "Blanket disability insurance" defined. (1)
Any policy or contract of disability insurance which conforms with the description and complies with the requirements contained in one of the following six paragraphs shall
be deemed a blanket disability insurance policy:
(a) A policy issued to any common carrier of passengers,
which carrier shall be deemed the policyholder, covering a
group defined as all persons who may become such passengers, and whereby such passengers shall be insured against
48.21.040
(2008 Ed.)
Group and Blanket Disability Insurance
loss or damage resulting from death or bodily injury either
while, or as a result of, being such passengers.
(b) A policy issued in the name of any volunteer fire
department, first aid or ambulance squad or volunteer police
organization, which shall be deemed the policyholder, and
covering all the members of any such organization against
loss from accidents resulting from hazards incidental to
duties in connection with such organizations.
(c) A policy issued in the name of any established organization whether incorporated or not, having community recognition and operated for the welfare of the community and
its members and not for profit, which shall be deemed the
policyholder, and covering all volunteer workers who serve
without pecuniary compensation and the members of the
organization, against loss from accidents occurring while
engaged in the actual performance of duties on behalf of such
organization or in the activities thereof.
(d) A policy issued to an employer, who shall be deemed
the policyholder, covering any group of employees defined
by reference to exceptional hazards incident to such employment, insuring such employees against death or bodily injury
resulting while, or from, being exposed to such exceptional
hazards.
(e) A policy covering students or employees issued to a
college, school, or other institution of learning or to the head
or principal thereof, who or which shall be deemed the policyholder.
(f) A policy or contract issued to any other substantially
similar group, which, in the commissioner’s discretion, may
be subject to the insurance of a blanket disability policy or
contract.
(2) Nothing contained in this section shall be deemed to
affect the liability of policyholders for the death of, or injury
to, any such members of such group.
(3) Individual applications shall not be required from
individuals covered under a blanket disability insurance contract. [1959 c 225 § 7; 1947 c 79 § .21.04; Rem. Supp. 1947
§ 45.21.04.]
48.21.045 Health plan benefits for small employers—
Coverage—Exemption from statutory requirements—
Premium rates—Requirements for providing coverage
for small employers—Definitions. (1)(a) An insurer offering any health benefit plan to a small employer, either
directly or through an association or member-governed group
formed specifically for the purpose of purchasing health care,
may offer and actively market to the small employer a health
benefit plan featuring a limited schedule of covered health
care services. Nothing in this subsection shall preclude an
insurer from offering, or a small employer from purchasing,
other health benefit plans that may have more comprehensive
benefits than those included in the product offered under this
subsection. An insurer offering a health benefit plan under
this subsection shall clearly disclose all covered benefits to
the small employer in a brochure filed with the commissioner.
(b) A health benefit plan offered under this subsection
shall provide coverage for hospital expenses and services
rendered by a physician licensed under chapter 18.57 or
18.71 RCW but is not subject to the requirements of RCW
48.21.130, 48.21.140, 48.21.141, 48.21.142, 48.21.144,
48.21.045
(2008 Ed.)
48.21.045
48.21.146, 48.21.160 through 48.21.197, 48.21.200,
48.21.220, 48.21.225, 48.21.230, 48.21.235, 48.21.244,
48.21.250, 48.21.300, 48.21.310, or 48.21.320.
(2) Nothing in this section shall prohibit an insurer from
offering, or a purchaser from seeking, health benefit plans
with benefits in excess of the health benefit plan offered
under subsection (1) of this section. All forms, policies, and
contracts shall be submitted for approval to the commissioner, and the rates of any plan offered under this section
shall be reasonable in relation to the benefits thereto.
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The insurer shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The insurer shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be subject
to the requirements of this subsection (3).
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. A carrier may develop its rates based on
claims costs due to network provider reimbursement schedules or type of network. This subsection does not restrict or
enhance the portability of benefits as provided in RCW
48.43.015.
[Title 48 RCW—page 155]
48.21.047
Title 48 RCW: Insurance
(i) Adjusted community rates established under this section shall pool the medical experience of all small groups purchasing coverage, including the small group participants in
the health insurance partnership established in RCW
70.47A.030. However, annual rate adjustments for each
small group health benefit plan may vary by up to plus or
minus four percentage points from the overall adjustment of
a carrier’s entire small group pool, such overall adjustment to
be approved by the commissioner, upon a showing by the
carrier, certified by a member of the American academy of
actuaries that: (i) The variation is a result of deductible leverage, benefit design, or provider network characteristics; and
(ii) for a rate renewal period, the projected weighted average
of all small group benefit plans will have a revenue neutral
effect on the carrier’s small group pool. Variations of greater
than four percentage points are subject to review by the commissioner, and must be approved or denied within sixty days
of submittal. A variation that is not denied within sixty days
shall be deemed approved. The commissioner must provide
to the carrier a detailed actuarial justification for any denial
within thirty days of the denial.
(j) For health benefit plans purchased through the health
insurance partnership established in chapter 70.47A RCW:
(i) Any surcharge established pursuant to RCW
70.47A.030(2)(e) shall be applied only to health benefit plans
purchased through the health insurance partnership; and
(ii) Risk adjustment or reinsurance mechanisms may be
used by the health insurance partnership program to redistribute funds to carriers participating in the health insurance partnership based on differences in risk attributable to individual
choice of health plans or other factors unique to health insurance partnership participation. Use of such mechanisms shall
be limited to the partnership program and will not affect
small group health plans offered outside the partnership.
(4) Nothing in this section shall restrict the right of
employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by an insurer in determining whether to provide
coverage to a small employer shall be applied uniformly
among all small employers applying for coverage or receiving coverage from the carrier.
(b) An insurer shall not require a minimum participation
level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements
with respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage of
participation is met.
(d) An insurer may not increase any requirement for
minimum employee participation or modify any requirement
for minimum employer contribution applicable to a small
employer at any time after the small employer has been
accepted for coverage.
(e) Minimum participation requirements and employer
premium contribution requirements adopted by the health
insurance partnership board under RCW 70.47A.110 shall
[Title 48 RCW—page 156]
apply only to the employers and employees who purchase
health benefit plans through the health insurance partnership.
(6) An insurer must offer coverage to all eligible
employees of a small employer and their dependents. An
insurer may not offer coverage to only certain individuals or
dependents in a small employer group or to only part of the
group. An insurer may not modify a health plan with respect
to a small employer or any eligible employee or dependent,
through riders, endorsements or otherwise, to restrict or
exclude coverage or benefits for specific diseases, medical
conditions, or services otherwise covered by the plan.
(7) As used in this section, "health benefit plan," "small
employer," "adjusted community rate," and "wellness activities" mean the same as defined in RCW 48.43.005. [2008 c
143 § 6; 2007 c 260 § 7; 2004 c 244 § 1; 1995 c 265 § 14;
1990 c 187 § 2.]
Application—2004 c 244: "Sections 1 through 15 of this act apply to
all small group health benefit plans issued or renewed on or after June 10,
2004." [2004 c 244 § 17.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
Finding—Intent—1990 c 187: "The legislature finds that the rising
cost of comprehensive group health coverage is exceeding the affordability
of many small businesses and their employees. The legislature further finds
that certain public policies have an adverse impact on the cost of such coverage. It is therefore the intent of the legislature to reduce costs by authorizing
the development of basic hospital and medical coverage for small groups."
[1990 c 187 § 1.]
Severability—1990 c 187: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 187 § 6.]
48.21.047 Requirements for plans offered to small
employers—Definitions. (1) An insurer may not offer any
health benefit plan to any small employer without complying
with RCW 48.21.045(3).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care are not
small employers and the plans are not subject to RCW
48.21.045(3).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [2005 c 223 § 11; 1995 c 265 §
22.]
48.21.047
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.21.050 Standard provisions required. Every policy of group or blanket disability insurance shall contain in
substance the provisions as set forth in RCW 48.21.060 to
48.21.090, inclusive, or provisions which in the opinion of
the commissioner are more favorable to the individuals
insured, or at least as favorable to such individuals and more
favorable to the policyholder. No such policy of group or
blanket disability insurance shall contain any provision relative to notice or proof of loss, or to the time for paying benefits, or to the time within which suit may be brought upon the
policy, which in the opinion of the commissioner is less
favorable to the individuals insured than would be permitted
by the standard provisions required for individual disability
48.21.050
(2008 Ed.)
Group and Blanket Disability Insurance
insurance policies. [1947 c 79 § .21.05; Rem. Supp. 1947 §
45.21.05.]
48.21.060
48.21.060 The contract—Representations. There
shall be a provision that a copy of the application, if any, of
the policyholder shall be attached to the policy when issued;
that all statements made by the policyholder or by the individuals insured shall in the absence of fraud be deemed representations and not warranties, and that no statement made
by any individual insured shall be used in any contest unless
a copy of the instrument containing the statement is or has
been furnished to such individual or to his beneficiary, if any.
[1947 c 79 § .21.06; Rem. Supp. 1947 § 45.21.06.]
48.21.120
48.21.080
48.21.080 Certificates of coverage. In group disability
insurance policies there shall be a provision that the insurer
shall issue to the employer, the policyholder, or other person
or association in whose name such policy is issued, for delivery to each insured employee or member, a certificate setting
forth in summary form a statement of the essential features of
the insurance coverage, and to whom the benefits thereunder
are payable described by name, relationship, or reference to
the insurance records of the policyholder or insurer. If family
members are insured, only one certificate need be issued for
each family. This section shall not apply to blanket disability
insurance policies. [1961 c 194 § 6; 1947 c 79 § .21.08; Rem.
Supp. 1947 § 45.21.08.]
48.21.090
48.21.070
48.21.070 Payment of premiums. There shall be a provision that all premiums due under the policy shall be remitted by the employer or employers of the persons insured, by
the policyholder, or by some other designated person acting
on behalf of the association or group insured, to the insurer on
or before the due date thereof with such period of grace as
may be specified therein. [1947 c 79 § .21.07; Rem. Supp.
1947 § 45.21.07.]
48.21.075
48.21.075 Payment of premiums by employee in
event of suspension of compensation due to labor dispute.
Any employee whose compensation includes group disability
or blanket disability insurance providing health care services,
the premiums for which are paid in full or in part by an
employer including the state of Washington, its political subdivisions, or municipal corporations, or paid by payroll
deduction, may pay the premiums as they become due
directly to the policyholder whenever the employee’s compensation is suspended or terminated directly or indirectly as
the result of a strike, lockout, or other labor dispute, for a
period not exceeding six months and at the rate and coverages
as the policy provides. During that period of time the policy
may not be altered or changed. Nothing in this section shall
be deemed to impair the right of the insurer to make normal
decreases or increases of the premium rate upon expiration
and renewal of the policy, in accordance with the provisions
of the policy. Thereafter, if such insurance coverage is no
longer available, then the employee shall be given the opportunity to purchase an individual policy at a rate consistent
with rates filed by the insurer with the commissioner. When
the employee’s compensation is so suspended or terminated,
the employee shall be notified immediately by the policyholder in writing, by mail addressed to the address last on
record with the policyholder, that the employee may pay the
premiums to the policyholder as they become due as provided in this section.
Payment of the premiums must be made when due or the
insurance coverage may be terminated by the insurer.
The provisions of any insurance policy contrary to provisions of this section are void and unenforceable after May 29,
1975. [1975 1st ex.s. c 117 § 1.]
Severability—1975 1st ex.s. c 117: "If any provision of this 1975 act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 117 § 4.]
(2008 Ed.)
48.21.090 Age limitations. There shall be a provision
specifying the ages, if any there be, to which the insurance
provided therein shall be limited; and the ages, if any there
be, for which additional restrictions are placed on benefits,
and the additional restrictions placed on the benefits at such
ages. [1947 c 79 § .21.09; Rem. Supp. 1947 § 45.21.09.]
48.21.100
48.21.100 Examination and autopsy. There may be a
provision that the insurer shall have the right and opportunity
to examine the person of the insured employee, member or
dependent when and so often as it may reasonably require
during the pendency of claim under the policy and also the
right and opportunity to make an autopsy in case of death
where it is not prohibited by law. [1947 c 79 § .21.10; Rem.
Supp. 1947 § 45.21.10.]
48.21.110
48.21.110 Payment of benefits. The benefits payable
under any policy or contract of group or blanket disability
insurance shall be payable to the employee or other insured
member of the group or to the beneficiary designated by him,
other than the policyholder, employer or the association or
any officer thereof as such, subject to provisions of the policy
in the event there is no designated beneficiary as to all or any
part of any sum payable at the death of the individual insured.
The policy may provide that any hospital, medical, or
surgical benefits thereunder may be made payable jointly to
the insured employee or member and the person furnishing
such hospital, medical, or surgical services. [1955 c 303 §
17; 1947 c 79 § .21.11; Rem. Supp. 1947 § 45.21.11.]
48.21.120
48.21.120 Readjustment of premiums—Dividends.
Any contract of group disability insurance may provide for
the readjustment of the rate of premium based on the experience thereunder at the end of the first year or of any subsequent year of insurance thereunder, and such readjustment
may be made retroactive only for such policy year. Any
refund under any plan for readjustment of the rate of premium based on the experience under group policies heretofore or hereafter issued, and any dividend paid under such
policies may be used to reduce the employer’s share of the
cost of the coverage, except that if the aggregate refunds or
dividends under such group policy and any other group policy or contract issued to the policyholder exceed the aggregate contributions of the employer toward the cost of the coverages, such excess shall be applied by the policyholder for
[Title 48 RCW—page 157]
48.21.125
Title 48 RCW: Insurance
the sole benefit of insured employees. [1947 c 79 § .21.12;
Rem. Supp. 1947 § 45.21.12.]
48.21.125 When injury caused by intoxication or use
of narcotics. An insurer may not deny coverage for the treatment of an injury solely because the injury was sustained as a
consequence of the insured’s being intoxicated or under the
influence of a narcotic. [2004 c 112 § 3.]
48.21.125
Finding—Application—2004 c 112: See notes following RCW
48.20.385.
48.21.130 Podiatric medicine and surgery. Notwithstanding any provision of any group disability insurance contract or blanket disability insurance contract, benefits shall
not be denied thereunder for any medical or surgical service
performed by a holder of a license issued pursuant to chapter
18.22 RCW provided that (1) the service performed was
within the lawful scope of such person’s license, and (2) such
contract would have provided benefits if such service had
been performed by a holder of a license issued pursuant to
chapter 18.71 RCW. [1963 c 87 § 2.]
48.21.130
Application—1963 c 87: Nonapplicability to prior contracts and certain renewals, see note following RCW 48.20.390.
48.21.140 Optometry. Notwithstanding any provision
of any group disability insurance contract or blanket disability insurance contract, benefits shall not be denied thereunder
for any eye care service rendered by a holder of a license
issued pursuant to chapter 18.53 RCW, provided, that (1) the
service rendered was within the lawful scope of such person’s
license, and (2) such contract would have provided the benefits for such service if rendered by a holder of a license issued
pursuant to chapter 18.71 RCW. [1965 c 149 § 3.]
48.21.140
Construction—1965 c 149: Nonapplicability to prior contracts and
certain renewals, see note following RCW 48.20.410.
48.21.141 Registered nurses or advanced registered
nurses. Notwithstanding any provision of any group disability insurance contract or blanket disability insurance contract
as provided for in this chapter, benefits shall not be denied
thereunder for any health service performed by a holder of a
license for registered nursing practice or advanced registered
nursing practice issued pursuant to chapter 18.79 RCW if (1)
the service performed was within the lawful scope of such
person’s license, and (2) such contract would have provided
benefits if such service had been performed by a holder of a
license issued pursuant to chapter 18.71 RCW: PROVIDED,
HOWEVER, That no provision of chapter 18.71 RCW shall
be asserted to deny benefits under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1994 sp.s. c 9 § 730; 1973 1st ex.s.
c 188 § 4.]
48.21.141
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
48.21.142 Chiropractic. Notwithstanding any provision of any group disability insurance contract or blanket disability insurance contract as provided for in this chapter, ben48.21.142
[Title 48 RCW—page 158]
efits shall not be denied thereunder for any health service performed by a holder of a license issued pursuant to chapter
18.25 RCW if (1) the service performed was within the lawful scope of such person’s license, and (2) such contract
would have provided benefits if such service had been performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1971 ex.s. c 13 § 2.]
48.21.143 Diabetes coverage—Definitions. The legislature finds that diabetes imposes a significant health risk and
tremendous financial burden on the citizens and government
of the state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and supplies, and self-management training and education is crucial
to prevent or delay the short and long-term complications of
diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All group disability insurance contracts and blanket
disability insurance contracts providing health care services,
issued or renewed after January 1, 1998, shall provide benefits for at least the following services and supplies for persons
with diabetes:
(a) For group disability insurance contracts and blanket
disability insurance contracts that include coverage for pharmacy services, appropriate and medically necessary equipment and supplies, as prescribed by a health care provider,
that includes but is not limited to insulin, syringes, injection
aids, blood glucose monitors, test strips for blood glucose
monitors, visual reading and urine test strips, insulin pumps
and accessories to the pumps, insulin infusion devices, prescriptive oral agents for controlling blood sugar levels, foot
care appliances for prevention of complications associated
with diabetes, and glucagon emergency kits; and
(b) For all group disability insurance contracts and blanket disability insurance contracts providing health care services, outpatient self-management training and education,
including medical nutrition therapy, as ordered by the health
care provider. Diabetes outpatient self-management training
and education may be provided only by health care providers
with expertise in diabetes. Nothing in this section prevents
the insurer from restricting patients to seeing only health care
providers who have signed participating provider agreements
with the insurer or an insuring entity under contract with the
insurer.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
48.21.143
(2008 Ed.)
Group and Blanket Disability Insurance
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements.
(6) The insurer need not include the coverage required in
this section in a group contract offered to an employer or
other group that offers to its eligible enrollees a self-insured
health plan not subject to mandated benefits status under this
title that does not offer coverage similar to that mandated
under this section.
(7) This section does not apply to the health benefit plan
that provides benefits identical to the schedule of services
covered by the basic health plan. [2004 c 244 § 10; 1997 c
276 § 3.]
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—1997 c 276: See note following RCW 41.05.185.
48.21.144
48.21.144 Psychological services. Notwithstanding
any provision of any group disability insurance contract or
blanket disability insurance contract, benefits shall not be
denied thereunder for any psychological service rendered by
a holder of a license issued pursuant to chapter 18.83 RCW:
PROVIDED, That (1) the service rendered was within the
lawful scope of such person’s license, and (2) such contract
would have provided the benefits for such service if rendered
by a holder of a license issued pursuant to chapter 18.71
RCW. [1971 ex.s. c 197 § 2.]
Application—1971 ex.s. c 197: See note following RCW 48.20.414.
48.21.146
48.21.146 Dentistry. Notwithstanding any provision of
any group disability insurance contract or blanket disability
insurance contract as provided for in this chapter, benefits
shall not be denied thereunder for any health service performed by a holder of a license issued pursuant to chapter
18.32 RCW if (1) the service performed was within the lawful scope of such person’s license, and (2) such contract
would have provided benefits if such service had been performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be remedial
and procedural to the extent they do not impair the obligation
of any existing contract. [1974 ex.s. c 42 § 2.]
48.21.148
48.21.148 Denturist services. Notwithstanding any
provision of any group disability insurance contract or blanket disability insurance contract covering dental care as provided for in this chapter, effective January 1, 1995, benefits
shall not be denied thereunder for any service performed by a
denturist licensed under chapter 18.30 RCW if (1) the service
performed was within the lawful scope of such person’s
license, and (2) such contract would have provided benefits if
such service had been performed by a dentist licensed under
chapter 18.32 RCW. [1995 c 1 § 22 (Initiative Measure No.
607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
(2008 Ed.)
48.21.160
48.21.150 Dependent child coverage—Continuation
for incapacity. Any group disability insurance contract or
blanket disability insurance contract, providing health care
services, delivered or issued for delivery in this state more
than one hundred twenty days after August 11, 1969, which
provides that coverage of a dependent child of an employee
or other member of the covered group shall terminate upon
attainment of the limiting age for dependent children specified in the contract shall also provide in substance that attainment of such limiting age shall not operate to terminate the
coverage of such child while the child is and continues to be
both (1) incapable of self-sustaining employment by reason
of developmental disability or physical handicap and (2)
chiefly dependent upon the employee or member for support
and maintenance, provided proof of such incapacity and
dependency is furnished to the insurer by the employee or
member within thirty-one days of the child’s attainment of
the limiting age and subsequently as may be required by the
insurer, but not more frequently than annually after the two
year period following the child’s attainment of the limiting
age. [1977 ex.s. c 80 § 32; 1969 ex.s. c 128 § 4.]
48.21.150
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
48.21.155 Dependent child coverage—From moment
of birth—Congenital anomalies—Notification of birth.
(1) Any group disability insurance contract except blanket
disability insurance contract, providing hospital and medical
expenses and health care services, renewed, delivered or
issued for delivery in this state more than one hundred twenty
days after February 16, 1974, which provides coverage for
the dependent children of persons in the insured group, shall
provide coverage for newborn infant children of persons in
the insured group from and after the moment of birth. Coverage provided in accord with this section shall include, but not
be limited to, coverage for congenital anomalies of such
infant children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of the
required premium must be furnished to the insurer. The notification period shall be no less than sixty days from the date
of birth. This subsection applies to policies issued or renewed
on or after January 1, 1984. [1983 1st ex.s. c 32 § 20; 1974
ex.s. c 139 § 2.]
48.21.155
48.21.157 Option to cover dependents under age
twenty-five. (Effective January 1, 2009.) Any group disability insurance contract or blanket disability insurance contract that provides coverage for a participating member’s
dependent must offer each participating member the option
of covering any unmarried dependent under the age of
twenty-five. [2007 c 259 § 20.]
48.21.157
Effective date—2007 c 259 §§ 18-22: See note following RCW
41.05.095.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.21.160 Chemical dependency benefits—Legislative declaration. The legislature recognizes that chemical
dependency is a disease and, as such, warrants the same
48.21.160
[Title 48 RCW—page 159]
48.21.180
Title 48 RCW: Insurance
attention from the health care industry as other similarly serious diseases warrant; the legislature further recognizes that
health insurance contracts and contracts for health care services include inconsistent provisions providing benefits for
the treatment of chemical dependency. In order to assist the
many citizens of this state who suffer from the disease of
chemical dependency, and who are presently effectively precluded from obtaining adequate coverage for medical assistance under the terms of their health insurance contract or
health care service contract, the legislature hereby declares
that provisions providing benefits for the treatment of chemical dependency shall be included in new contracts and that
this section, RCW 48.21.180, 48.21.190, 48.44.240,
48.46.350, and RCW 48.21.195, 48.44.245, and 48.46.355
are necessary for the protection of the public health and
safety. Nothing in this section, RCW 48.21.180, 48.21.190,
48.44.240, 48.46.350, and RCW 48.21.195, 48.44.245, and
48.46.355 shall be construed to relieve any person of any
civil or criminal liability for any act or omission that is the
result of a chemical dependency or to grant any person with a
chemical dependency any special right, privilege, or status
under the law against discrimination, chapter 49.60 RCW.
[1987 c 458 § 13; 1974 ex.s. c 119 § 1.]
Effective date—1987 c 458 §§ 13-20: "Sections 13 through 20 of this
act shall take effect on January 1, 1988." [1987 c 458 § 24.]
Severability—1987 c 458: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 458 § 25.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.21.195 "Chemical dependency" defined. For the
purposes of RCW 48.21.160 and 48.21.180 "chemical dependency" means an illness characterized by a physiological or
psychological dependency, or both, on a controlled substance
regulated under chapter 69.50 RCW and/or alcoholic beverages. It is further characterized by a frequent or intense pattern of pathological use to the extent the user exhibits a loss
of self-control over the amount and circumstances of use;
develops symptoms of tolerance or physiological and/or psychological withdrawal if use of the controlled substance or
alcoholic beverage is reduced or discontinued; and the user’s
health is substantially impaired or endangered or his or her
social or economic function is substantially disrupted. [1987
c 458 § 15.]
48.21.195
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
48.21.197 Chemical dependency benefits—Rules. By
September 1, 1987, the insurance commissioner shall adopt
rules governing benefits for treatment of chemical dependency under medical plans issued under chapters 48.21,
48.44, and 48.46 RCW. These rules shall recognize that
many persons are dependent on both alcohol and drugs; they
shall prohibit the stacking of benefits and shall require that
benefits for chemical dependency be equivalent to benefits
previously required for alcoholism. [1987 c 458 § 21.]
48.21.197
Severability—1987 c 458: See note following RCW 48.21.160.
48.21.180
48.21.180 Chemical dependency benefits—Contracts
issued or renewed after January 1, 1988. Each group disability insurance contract which is delivered or issued for
delivery or renewed, on or after January 1, 1988, and which
insures for hospital or medical care must contain provisions
providing benefits for the treatment of chemical dependency
rendered to the insured by a provider which is an "approved
treatment program" under RCW 70.96A.020(3). [2003 c 248
§ 9; 1990 1st ex.s. c 3 § 7; 1987 c 458 § 14; 1974 ex.s. c 119
§ 3.]
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
48.21.190
48.21.190 Chemical dependency benefits—RCW
48.21.160 through 48.21.190, 48.44.240 inapplicable,
when. RCW 48.21.160 through 48.21.190 and 48.44.240 as
now or hereafter amended shall not apply to the renewal of a
contract in force prior to the pertinent date provided for such
contract under RCW 48.21.160 through 48.21.190 and
48.44.240 as now or hereafter amended where there exists a
right of renewal on the part of the insured or subscriber without any change in any provision of the contract: PROVIDED
FURTHER, That RCW 48.21.160 through 48.21.190 and
48.44.240 as now or hereafter amended shall not apply to
contracts which provide only accident coverage, nor to any
contract written as supplemental coverage to any federal or
state programs of health care including, but not limited to,
Title XVIII health insurance for the aged (commonly referred
to as Medicare, Parts A and B), and amendments thereto.
[1975 1st ex.s. c 266 § 10; 1974 ex.s. c 119 § 5.]
[Title 48 RCW—page 160]
48.21.200 Individual or group disability, health care
service contract, health maintenance agreement—Reduction of benefits on basis of other existing coverages. (1)
No individual or group disability insurance policy, health
care service contract, or health maintenance agreement providing hospital, medical or surgical expense benefits and
which contains a provision for the reduction of benefits otherwise payable or available thereunder on the basis of other
existing coverages, shall provide that such reduction will
operate to reduce total benefits payable below an amount
equal to one hundred percent of total allowable expenses.
(2) The commissioner shall by rule establish guidelines
for the application of this section, including:
(a) The procedures by which persons covered under such
policies, contracts, and agreements are to be made aware of
the existence of such a provision;
(b) The benefits which may be subject to such a provision;
(c) The effect of such a provision on the benefits provided;
(d) Establishment of the order of benefit determination;
(e) Exceptions necessary to preserve policy, contract, or
agreement requirements for use of particular health care
facilities or providers; and
(f) Reasonable claim administration procedures to expedite claim payments and prevent duplication of payments or
benefits under such a provision. [2007 c 80 § 3; 1993 c 492
§ 282. Prior: 1983 c 202 § 16; 1983 c 106 § 24; 1975 1st
ex.s. c 266 § 20.]
48.21.200
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
(2008 Ed.)
Group and Blanket Disability Insurance
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.21.220 Home health care, hospice care, optional
coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts
excluded. (1) Every insurer entering into or renewing group
or blanket disability insurance policies governed by this
chapter shall offer optional coverage for home health care
and hospice care for persons who are homebound and would
otherwise require hospitalization. Such optional coverage
need only be offered in conjunction with a policy that provides payment for hospitalization as a part of health care coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the following standards, limitations, and restrictions in addition to
those set forth in chapter 70.126 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a physician licensed under chapter 18.57 or 18.71 RCW, and may
require such treatment plans to be reviewed at designated
intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed by the department of social and health services;
(f) Hospice care coverage shall provide benefits for terminally ill patients for an initial period of care of not less than
six months and may provide benefits for an additional six
months of care in cases where the patient is facing imminent
death or is entering remission if certified in writing by the
attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per calendar year. However, a visit of any duration by an employee of
a home health agency for the purpose of providing services
under the plan of treatment constitutes one visit;
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1988 c 245 § 31; 1984 c 22 §
1; 1983 c 249 § 1.]
48.21.220
(2008 Ed.)
48.21.230
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: "This act shall take effect July 1, 1984."
[1984 c 22 § 8.]
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
48.21.225 Mammograms—Insurance coverage.
Each group disability insurance policy issued or renewed
after January 1, 1990, that provides coverage for hospital or
medical expenses shall provide coverage for screening or
diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient’s
physician or advanced registered nurse practitioner as authorized by the nursing care quality assurance commission pursuant to chapter 18.79 RCW or physician assistant pursuant
to chapter 18.71A RCW.
This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits such as deductible or copayment provisions. This section
does not limit the authority of an insurer to negotiate rates
and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare
supplement policies or supplemental contracts covering a
specified disease or other limited benefits. [1994 sp.s. c 9 §
731; 1989 c 338 § 2.]
48.21.225
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.21.227 Prostate cancer screening. (1) Each group
disability insurance policy issued or renewed after December
31, 2006, that provides coverage for hospital or medical
expenses shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient’s physician, advanced registered
nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of an insurer to negotiate
rates and contract with specific providers for the delivery of
prostate cancer screening services. This section shall not
apply to medicare supplemental policies or supplemental
contracts covering a specified disease or other limited benefits. [2006 c 367 § 3.]
48.21.227
48.21.230 Reconstructive breast surgery. (1) Each
group disability insurance contract issued or renewed after
July 24, 1983, which insures for hospital or medical care shall
provide coverage for reconstructive breast surgery resulting
from a mastectomy which resulted from disease, illness, or
injury.
(2) Each group disability insurance contract issued or
renewed after January 1, 1986, which insures for hospital or
medical care shall provide coverage for all stages of one
reconstructive breast reduction on the nondiseased breast to
make it equal in size with the diseased breast after definitive
reconstructive surgery on the diseased breast has been performed. [1985 c 54 § 6; 1983 c 113 § 2.]
48.21.230
Effective date—1985 c 54: See note following RCW 48.20.397.
[Title 48 RCW—page 161]
48.21.235
Title 48 RCW: Insurance
48.21.235 Mastectomy, lumpectomy. No person
engaged in the business of insurance under this chapter may
refuse to issue any contract of insurance or cancel or decline
to renew the contract solely because of a mastectomy or
lumpectomy performed on the insured or prospective insured
more than five years previously. The amount of benefits payable, or any term, rate, condition, or type of coverage shall
not be restricted, modified, excluded, increased, or reduced
solely on the basis of a mastectomy or lumpectomy performed on the insured or prospective insured more than five
years previously. [1985 c 54 § 2.]
48.21.235
Effective date—1985 c 54: See note following RCW 48.20.397.
48.21.241 Mental health services—Group health
plans—Definition—Coverage required, when. (1) For the
purposes of this section, "mental health services" means medically necessary outpatient and inpatient services provided to
treat mental disorders covered by the diagnostic categories
listed in the most current version of the diagnostic and statistical manual of mental disorders, published by the American
psychiatric association, on July 24, 2005, or such subsequent
date as may be provided by the insurance commissioner by
rule, consistent with the purposes of chapter 6, Laws of 2005,
with the exception of the following categories, codes, and
services: (a) Substance related disorders; (b) life transition
problems, currently referred to as "V" codes, and diagnostic
codes 302 through 302.9 as found in the diagnostic and statistical manual of mental disorders, 4th edition, published by
the American psychiatric association; (c) skilled nursing
facility services, home health care, residential treatment, and
custodial care; and (d) court ordered treatment unless the
insurer’s medical director or designee determines the treatment to be medically necessary.
(2) All group disability insurance contracts and blanket
disability insurance contracts providing health benefit plans
that provide coverage for medical and surgical services shall
provide:
(a) For all group health benefit plans for groups other
than small groups, as defined in RCW 48.43.005 delivered,
issued for delivery, or renewed on or after January 1, 2006,
coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(b) For all group health benefit plans delivered, issued
for delivery, or renewed on or after January 1, 2008, coverage
for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
48.21.241
[Title 48 RCW—page 162]
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services;
and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(c) For all group health benefit plans delivered, issued
for delivery, or renewed on or after July 1, 2010, coverage
for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services. If
the health benefit plan imposes any deductible, mental health
services shall be included with medical and surgical services
for the purpose of meeting the deductible requirement. Treatment limitations or any other financial requirements on coverage for mental health services are only allowed if the same
limitations or requirements are imposed on coverage for
medical and surgical services; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(3) In meeting the requirements of subsection (2)(a) and
(b) of this section, health benefit plans may not reduce the
number of mental health outpatient visits or mental health
inpatient days below the level in effect on July 1, 2002.
(4) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(5) Nothing in this section shall be construed to prevent
the management of mental health services. [2007 c 8 § 2;
2006 c 74 § 1; 2005 c 6 § 3.]
Effective date—2007 c 8: See note following RCW 48.20.580.
Effective date—2006 c 74: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 15, 2006]." [2006 c 74 § 4.]
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
48.21.242 Mental health treatment—Waiver of preauthorization for persons involuntarily committed. An
insurer providing group disability insurance coverage for
health care in this state shall waive a preauthorization
requirement from the insurer before an insured or the
insured’s covered dependents receive mental health care and
treatment rendered by a state hospital if the insured or any of
the insured’s covered dependents are involuntarily commit48.21.242
(2008 Ed.)
Group and Blanket Disability Insurance
ted to a state hospital as defined in RCW 72.23.010. [1993 c
272 § 3.]
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
48.21.244 Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group disability contract entered into or renewed that covers
hospital, medical, or surgical expenses on a group basis, and
which provides benefits for pregnancy, childbirth, or related
medical conditions to enrollees of such groups, shall offer
benefits for prenatal diagnosis of congenital disorders of the
fetus by means of screening and diagnostic procedures during
pregnancy to such enrollees when those services are determined to be medically necessary by the disability contractor
in accord with standards set in rule by the board of health.
Every group disability contractor shall communicate the
availability of such coverage to all group disability contract
holders and to all groups with whom they are negotiating.
[1988 c 276 § 6.]
48.21.244
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
48.21.250 Continuation option to be offered. Every
insurer that issues policies providing group coverage for hospital or medical expense shall offer the policyholder an
option to include a policy provision granting a person who
becomes ineligible for coverage under the group policy, the
right to continue the group benefits for a period of time and at
a rate agreed upon. The policy provision shall provide that
when such coverage terminates, the covered person may convert to a policy as provided in RCW 48.21.260. [1984 c 190
§ 2.]
48.21.250
Legislative intent—1984 c 190: "The legislature recognizes that when
people covered by a group health insurance policy lose their group insurance
benefits because they are no longer eligible, they need time to obtain a suitable form of replacement coverage or time to complete a reasonable course
of medical treatment for a health condition that existed when the group benefits ended.
Spouses and dependents can lose their group insurance and may not
have any other health insurance when one spouse covered under a group policy dies, obtains a divorce, or becomes unemployed. Often the cost of an
individual policy prevents these persons from obtaining any other health
insurance.
The intent of this act is to require insurers, health care service contractors, and health maintenance organizations to:
(1) Offer to the contract holder the option to continue health and medical benefits for employees, members, spouses, or dependents whose eligibility for coverage under a group policy, contract, or agreement is terminated;
and
(2) Provide a conversion policy, contract, or agreement to employees,
members, spouses, or dependents whose eligibility for coverage under a
group policy, contract, or agreement is terminated." [1984 c 190 § 1.]
Application—1984 c 190 §§ 2, 5, and 8: "Sections 2, 5, and 8 of this
act shall apply to any policy, contract, or agreement issued, renewed, or
amended on or after January 1, 1985." [1984 c 190 § 12.]
Severability—1984 c 190: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 190 § 13.]
48.21.260 Conversion policy to be offered—Exceptions, conditions. (1) Except as otherwise provided by this
section, any group disability insurance policy issued,
renewed, or amended on or after January 1, 1985, that pro48.21.260
(2008 Ed.)
48.21.270
vides benefits for hospital or medical expenses shall contain
a provision granting a person covered by the group policy the
right to obtain a conversion policy from the insurer upon termination of the person’s eligibility for coverage under the
group policy.
(2) An insurer need not offer a conversion policy to:
(a) A person whose coverage under the group policy
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a person’s employment or membership is terminated for misconduct, a conversion policy shall be offered to the spouse and/or
dependents of the terminated employee or member. The policy shall include in the conversion provisions the same conversion rights and conditions which are available to employees or members and their spouses and/or dependents who are
terminated for reasons other than misconduct;
(b) A person who is eligible for federal Medicare coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion policy, a person must submit a written application and the first premium payment for
the conversion policy not later than thirty-one days after the
date the person’s group coverage terminates. The conversion
policy shall become effective, without lapse of coverage,
immediately following termination of coverage under the
group policy.
(4) If an insurer or group policyholder does not renew,
cancels, or otherwise terminates the group policy, the insurer
shall offer a conversion policy to any person who was covered under the terminated policy unless the person is eligible
to obtain group hospital or medical expense coverage within
thirty-one days after such nonrenewal, cancellation, or termination of the group policy.
(5) The insurer shall determine the premium for the conversion policy in accordance with the insurer’s table of premium rates applicable to the age and class of risk of each person to be covered under the policy and the type and amount
of benefits provided. [1984 c 190 § 3.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.21.270 Conversion policy—Restrictions and
requirements. (1) An insurer shall not require proof of
insurability as a condition for issuance of the conversion policy.
(2) A conversion policy may not contain an exclusion for
preexisting conditions except to the extent that a waiting
period for a preexisting condition has not been satisfied under
the group policy.
(3) An insurer must offer at least three policy benefit
plans that comply with the following:
(a) A major medical plan with a five thousand dollar
deductible and a lifetime benefit maximum of two hundred
fifty thousand dollars per person;
(b) A comprehensive medical plan with a five hundred
dollar deductible and a lifetime benefit maximum of five
hundred thousand dollars per person; and
48.21.270
[Title 48 RCW—page 163]
48.21.280
Title 48 RCW: Insurance
(c) A basic medical plan with a one thousand dollar
deductible and a lifetime maximum of seventy-five thousand
dollars per person.
(4) The insurance commissioner may revise the deductibles and lifetime benefit amounts in subsection (3) of this
section from time to time to reflect changing health care
costs.
(5) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion policies.
(6) The commissioner shall adopt rules to establish specific standards for conversion policy provisions. These rules
may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
(d) Definitions of terms. [1984 c 190 § 4.]
(d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
group disability insurance contract delivered or issued for
delivery or renewed in this state on or after September 1,
1988, that insures for hospital or medical expenses shall provide coverage for the formulas necessary for the treatment of
phenylketonuria. [1988 c 173 § 2.]
48.21.300 Phenylketonuria. (1) The legislature finds
4 8. 2 1 . 3 1 0 Neu r od e v e lo p men t al t he r a p ie s —
Employer-sponsored group contracts. (1) Each employersponsored group policy for comprehensive health insurance
which is entered into, or renewed, on or after twelve months
after July 23, 1989, shall include coverage for neurodevelopmental therapies for covered individuals age six and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to
the referral and periodic review of a holder of a license issued
pursuant to chapter 18.71 or 18.57 RCW or where covered
services have been rendered by such licensee. Nothing in this
section shall prohibit an insurer from negotiating rates with
qualified providers.
(3) Benefits provided under this section shall be for medically necessary services as determined by the insurer. Benefits shall be payable for services for the maintenance of an
insured in cases where significant deterioration in the
patient’s condition would result without the service. Benefits
shall be payable to restore and improve function.
(4) It is the intent of this section that employers purchasing comprehensive health insurance, including the benefits
required by this section, together with the insurer, retain
authority to design and employ utilization and cost controls.
Therefore, benefits delivered under this section may be subject to contractual provisions regarding deductible amounts
and/or copayments established by the employer purchasing
insurance and the insurer. Benefits provided under this section may be subject to standard waiting periods for preexisting conditions, and may be subject to the submission of written treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the total
dollar benefits available or may limit the number of services
delivered as agreed by the employer purchasing insurance
and the insurer. [1989 c 345 § 2.]
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in
the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
48.21.320 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a group disability policy entered into or renewed after
December 31, 1989, shall offer optional coverage for the
treatment of temporomandibular joint disorders.
(a) Insurers offering medical coverage only may limit
benefits in such coverages to medical services related to treat-
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.21.280 Coverage for adopted children. (1) Any
group disability insurance contract, except a blanket disability insurance contract, providing hospital and medical
expenses and health care services, delivered or issued for
delivery in this state, which provides coverage for dependent
children, as defined in the contract of the insured, shall cover
adoptive children placed with the insured on the same basis
as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment
of the required premium must be furnished to the insurer. The
notification period shall be no less than sixty days from the
date of placement. [1986 c 140 § 3.]
48.21.280
Effective date, application—Severability—1986 c 140: See notes following RCW 48.01.180.
48.21.290 Cancellation of rider. Upon application by
an insured, a rider shall be canceled if at least five years after
its issuance, no health care services have been received by the
insured during that time for the condition specified in the
rider, and a physician, selected by the carrier for that purpose,
agrees in writing to the full medical recovery of the insured
from that condition, such agreement not to be unreasonably
withheld. The option of the insured to apply for cancellation
shall be disclosed on the face of the rider in clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 2.]
48.21.290
48.21.300
48.21.310
that:
[Title 48 RCW—page 164]
48.21.320
(2008 Ed.)
Group and Blanket Disability Insurance
ment of temporomandibular joint disorders. Insurers offering
dental coverage only may limit benefits in such coverage to
dental services related to treatment of temporomandibular
joint disorders. No insurer offering medical coverage only
may define all temporomandibular joint disorders as purely
dental in nature, and no insurer offering dental coverage only
may define all temporomandibular joint disorders as purely
medical in nature.
(b) Insurers offering optional temporomandibular joint
disorder coverage as provided in this section may, but are not
required to, offer lesser or no temporomandibular joint disorder coverage as part of their basic group disability contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
potential benefit coverage. This flexibility shall apply to services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which services are to be provided, including referral systems and use of
other providers, and related issues.
(2) Unless otherwise directed by law, the insurance commissioner shall adopt rules, to be implemented on January 1,
1993, establishing minimum benefits, terms, definitions, conditions, limitations, and provisions for the use of reasonable
deductibles and copayments.
(3) An insurer need not make the offer of coverage
required by this section to an employer or other group that
offers to its eligible enrollees a self-insured health plan not
subject to mandated benefit statutes under Title 48 RCW that
does not provide coverage for temporomandibular joint disorders. [1989 c 331 § 2.]
Legislative finding—1989 c 331: "The legislature finds that:
(1) Temporomandibular joint disorders are conditions for which treatment often is not covered in medical and dental group insurance contracts;
(2) Individuals with temporomandibular joint disorders experience
substantial pain and financial hardship;
(3) Public awareness is needed concerning temporomandibular joint
disorders and would be promoted by a mandated offering of temporomandibular joint disorders coverage to group purchasers; and
(4) A mandated offering of temporomandibular joint disorders coverage shall not prescribe minimum initial benefits so that the insurers and the
purchasers are allowed broad flexibility in benefit design and application."
[1989 c 331 § 1.]
Effective date—1989 c 331: "This act shall take effect January 1, 1990,
but the insurance commissioner may immediately take such steps as are necessary to ensure that this act is fully implemented on its effective date."
[1989 c 331 § 6.]
48.21.325 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written
record required. Group disability insurance companies who
through an authorized representative have first approved, by
any means, an individual prescription claim as eligible may
not reject that claim at some later date. Pharmacists or drug
dispensing outlets who obtain preapproval of claims shall
keep a written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 3.]
48.21.325
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.21.330 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or deliv48.21.330
(2008 Ed.)
48.21.375
ers, in any manner, except when delivered in person to an
enrolled participant or his/her representative, controlled substances, legend drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The
insurers shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of licensure on file.
The department may request from the insurer the proof
of current licensure for all nonresident pharmacies through
which the insurer is providing coverage for prescription
drugs for residents of the state of Washington. This information, which may constitute a full or partial customer list, shall
be confidential and exempt from public disclosure, and from
the requirements of chapter 42.56 RCW. The board or the
department shall not be restricted in the disclosure of the
name of a nonresident pharmacy that is or has been licensed
under RCW 18.64.360 or 18.64.370 or of the identity of a
nonresident pharmacy disciplined under RCW 18.64.350
through 18.64.400. [2005 c 274 § 311; 1991 c 87 § 8.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1991 c 87: See note following RCW 18.64.350.
48.21.370
48.21.370 Fixed payment insurance—Standard disclosure form. The commissioner shall adopt rules setting
forth the content of a standard disclosure form to be delivered
to all applicants for group illness-triggered fixed payment
insurance, hospital confinement fixed payment insurance, or
other fixed payment insurance. The standard disclosure shall
provide information regarding the level, type, and amount of
benefits provided and the limitations, exclusions, and exceptions under the policy, as well as additional information to
enhance consumer understanding. The disclosure shall specifically disclose that the coverage is not comprehensive in
nature and will not cover the cost of most hospital and other
medical services. Such disclosure form must be filed for
approval with the commissioner prior to use. The standard
disclosure form must be provided to the master policyholders
at the time of solicitation and completion of the application
and to all enrollees at the time of enrollment. All advertising
and marketing materials other than the standard disclosure
form must be filed with the commissioner at least thirty days
prior to use. [2007 c 296 § 4.]
48.21.375
48.21.375 Fixed payment insurance—Benefit restrictions. Illness-triggered fixed payment insurance, hospital
confinement fixed payment insurance, or other fixed payment insurance policies are not considered to provide coverage for hospital or medical expenses or care under this chapter, if the benefits provided are a fixed dollar amount that is
paid regardless of the amount charged. The benefits may not
be related to, or be a percentage of, the amount charged by the
provider of service and must be offered as an independent
and noncoordinated benefit with any other health plan as
defined in RCW 48.43.005(19). [2007 c 296 § 5.]
[Title 48 RCW—page 165]
Chapter 48.21A
Title 48 RCW: Insurance
Chapter 48.21A RCW
DISABILITY INSURANCE—EXTENDED HEALTH
Chapter 48.21A
Sections
48.21A.010 Declaration of purpose.
48.21A.020 Definitions.
48.21A.030 Insurers may join—Policyholder—Reduced benefit provision—Master group policy—Offering—Cancellation.
48.21A.040 Agents, brokers, and solicitors.
48.21A.050 Powers and duties of associations.
48.21A.060 Commissioner’s powers—Forms—Rates—Standard provisions—Withdrawal of approval—Federal, state benefits—
Annual reports.
48.21A.070 Documents to be filed—Deceptive name or advertising.
48.21A.080 Remedies.
48.21A.090 Home health care, hospice care, optional coverage required—
Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.21A.010 Declaration of purpose. It is the purpose
of this chapter to provide a means of more adequately meeting the needs of persons who are sixty-five years of age or
older and their spouses for insurance coverage against financial loss from accident or disease through the combined
resources and experience of a number of insurers; to make
possible the fullest extension of such coverage by encouraging insurers to combine their resources and experience and to
exercise their collective efforts in the development and offering of policies of such insurance to all applicants; and to regulate the joint activities herein authorized in accordance with
the intent of Congress as expressed in the Act of Congress of
March 9, 1945 (Public Law 15, 79th Congress), as amended.
[1965 ex.s. c 70 § 27.]
48.21A.010
policy may provide, among other things, that the benefits
payable thereunder are subject to reduction if the individual
insured has any other coverage providing hospital, surgical or
medical benefits whether on an indemnity basis or a provision of service basis resulting in such insured being eligible
for more than one hundred percent of covered expenses
which he is required to pay, and any insurer issuing individual policies providing extended hospital, surgical or medical
benefits to persons sixty-five years of age and older and their
spouses may also use such a policy provision. A master group
policy issued to an association or to a trustee or any person
appointed by an association for the purpose of providing the
insurances described in this section shall be another form of
group disability insurance.
Any form of policy approved by the commissioner for an
association shall be offered throughout Washington to all
persons sixty-five and older and their spouses, and the coverage of any person insured under such a form of policy shall
not be cancellable except for nonpayment of premiums
unless the coverage of all persons insured under such form of
policy is also canceled. [1965 ex.s. c 70 § 29.]
48.21A.040 Agents, brokers, and solicitors. (Effective until July 1, 2009.) Notwithstanding the provisions of
*RCW 48.17.200, any person licensed to transact disability
insurance as an agent, broker or solicitor may transact
extended health insurance and may be paid a commission
thereon. [1965 ex.s. c 70 § 30.]
48.21A.040
*Reviser’s note: RCW 48.17.200 was repealed by 2007 c 117 § 39,
effective July 1, 2009.
48.21A.040 Insurance producers. (Effective July 1,
2009.) Any person licensed to transact disability insurance
as an insurance producer may transact extended health insurance and may be paid a commission thereon. [2008 c 217 §
25; 1965 ex.s. c 70 § 30.]
48.21A.040
48.21A.020 Definitions. Wherever used in this chapter,
the following terms shall have the meanings hereinafter set
forth or indicated, unless the context otherwise requires:
(a) "Association" means a voluntary unincorporated
association of insurers formed for the purpose of enabling
cooperative action to provide disability insurance in accordance with this chapter in this or any other state having legislation enabling the issuance of insurance of the type provided
in this chapter.
(b) "Insurer" means any insurance company which is
authorized to transact disability insurance in this state.
(c) "Extended health insurance" means hospital, surgical
and medical expense insurance provided by a policy issued as
provided by this chapter. [1965 ex.s. c 70 § 28.]
48.21A.020
48.21A.030 Insurers may join—Policyholder—
Reduced benefit provision—Master group policy—Offering—Cancellation. Notwithstanding any other provision of
this code or any other law which may be inconsistent herewith, any insurer may join with one or more other insurers, to
plan, develop, underwrite, and offer and provide to any person who is sixty-five years of age or older and to the spouse
of such person, extended health insurance against financial
loss from accident or disease, or both. Such insurance may be
offered, issued and administered jointly by two or more
insurers by a group policy issued to a policyholder through an
association formed for the purpose of offering, selling, issuing and administering such insurance. The policyholder may
be an association, a trustee, or any other person. Any such
48.21A.030
[Title 48 RCW—page 166]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.21A.050 Powers and duties of associations. Any
association formed for the purposes of this chapter may hold
title to property, may enter into contracts, and may limit the
liability of its members to their respective pro rata shares of
the liability of such association. Any such association may
sue and be sued in its associate name and for such purpose
only shall be treated as a domestic corporation. Service of
process against such association, made upon a managing
agent, any member thereof or any agent authorized by
appointment to receive service of process, shall have the
same force and effect as if such service had been made upon
all members of the association. Such association’s books and
records shall also be subject to examination under the provisions of RCW 48.03.010 through 48.03.070, inclusive, either
separately or concurrently with examination of any of its
member insurers. [1983 c 3 § 151; 1965 ex.s. c 70 § 31.]
48.21A.050
48.21A.060 Commissioner’s powers—Forms—
Rates—Standard provisions—Withdrawal of approval—
Federal, state benefits—Annual reports. The forms of the
policies, applications, certificates or other evidence of insurance coverage and applicable premium rates relating thereto
48.21A.060
(2008 Ed.)
Disability Insurance—Extended Health
shall be filed with the commissioner. No such policy, contract, or other evidence of insurance, application or other
form shall be sold, issued or used and no endorsement shall
be attached to or printed or stamped thereon unless the form
thereof shall have been approved by the commissioner or
thirty days shall have expired after such filing without written
notice from the commissioner of disapproval thereof. The
commissioner shall disapprove the forms of such insurance if
he finds that they are unjust, unfair, inequitable, misleading
or deceptive or that the rates are by reasonable assumption
excessive in relation to the benefits provided. In determining
whether such rates by reasonable assumptions are excessive
in relation to the benefits provided, the commissioner shall
give due consideration to past and prospective claim experience, within and outside this state, and to fluctuations in such
claim experience, to a reasonable risk charge, to contribution
to surplus and contingency funds, to past and prospective
expenses, both within and outside this state, and to all other
relevant factors within and outside this state including any
differing operating methods of the insurers joining in the
issue of the policy. In exercising the powers conferred upon
him by this chapter, the commissioner shall not be bound by
any other requirement of this code with respect to standard
provisions to be included in disability policies or forms.
The commissioner may, after hearing upon written
notice, withdraw an approval previously given, upon such
grounds as in his opinion would authorize disapproval upon
original submission thereof. Any such withdrawal of
approval after hearing shall be by notice in writing specifying
the ground thereof and shall be effective at the expiration of
such period, not less than ninety days after the giving of
notice of withdrawal, as the commissioner shall in such
notice prescribe.
If and when a program of hospital, surgical and medical
benefits is enacted by the federal government or the state of
Washington, the extended health insurance benefits provided
by policies issued under this chapter shall be adjusted to
avoid any duplication of benefits offered by the federal or
state programs and the premium rates applicable thereto shall
be adjusted to conform with the adjusted benefits.
The association shall submit an annual report to the
insurance commissioner which shall become public information and shall provide information as to the number of persons insured, the names of the insurers participating in the
association with respect to insurance offered under this chapter and the calendar year experience applicable to such insurance offered under this chapter, including premiums earned,
claims paid during the calendar year, the amount of claims
reserve established, administrative expenses, commissions,
promotional expenses, taxes, contingency reserve, other
expenses, and profit and loss for the year. The commissioner
shall require the association to provide any and all information concerning the operations of the association deemed relevant by him for inclusion in the report. [1965 ex.s. c 70 §
32.]
48.21A.070 Documents to be filed—Deceptive name
or advertising. The articles of association of any association
formed in accordance with this chapter, all amendments and
supplements thereto, a designation in writing of a resident of
this state as agent for the service of process, and a list of
48.21A.070
(2008 Ed.)
48.21A.090
insurers who are members of the association and all supplements thereto shall be filed with the commissioner.
The name of any association or any advertising or promotional material used in connection with extended health
insurance to be sold, offered, or issued, pursuant to this chapter shall not be such as to mislead or deceive the public.
[1965 ex.s. c 70 § 33.]
48.21A.080 Remedies. No act done, action taken or
agreement made pursuant to the authority conferred by this
chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state
heretofore or hereafter enacted which does not specifically
refer to insurance. [1965 ex.s. c 70 § 34.]
48.21A.080
48.21A.090 Home health care, hospice care, optional
coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts
excluded. (1) Every insurer entering into or renewing
extended health insurance governed by this chapter shall
offer optional coverage for home health care and hospice care
for persons who are homebound and would otherwise require
hospitalization. Such optional coverage need only be offered
in conjunction with a policy that provides payment for hospitalization as a part of health care coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the following standards, limitations, and restrictions in addition to
those set forth in chapters 70.126 and 70.127 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a physician licensed under chapter 18.57 or 18.71 RCW, and may
require such treatment plans to be reviewed at designated
intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed under chapter 70.127 RCW;
(f) Hospice care coverage shall provide benefits for terminally ill patients for an initial period of care of not less than
six months and may provide benefits for an additional six
months of care in cases where the patient is facing imminent
death or is entering remission if certified in writing by the
attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per calendar year. However, a visit of any duration by an employee of
a home health agency for the purpose of providing services
under the plan of treatment constitutes one visit;
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
48.21A.090
[Title 48 RCW—page 167]
Chapter 48.22
Title 48 RCW: Insurance
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1989 1st ex.s. c 9 § 220; 1988
c 245 § 32; 1984 c 22 § 2; 1983 c 249 § 2.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
Chapter 48.22
Chapter 48.22 RCW
CASUALTY INSURANCE
Sections
48.22.005
48.22.020
48.22.030
48.22.040
48.22.050
48.22.060
48.22.070
48.22.080
48.22.085
48.22.090
48.22.095
48.22.100
48.22.105
48.22.110
48.22.115
48.22.120
48.22.125
48.22.130
48.22.135
48.22.140
Definitions.
Assigned risk plans.
Underinsured, hit-and-run, phantom vehicle coverage to be
provided—Purpose—Definitions—Exceptions—Conditions—Deductibles—Information on motorcycle or motordriven cycle coverage—Intended victims.
Underinsured motor vehicle coverage where liability insurer is
insolvent—Extent of coverage—Rights of insurer upon
making payment.
Market assistance plans.
Debt and financing coverage.
Longshoreman’s and harbor worker’s compensation coverage—Rules—Plan creation.
Health care liability risk management training program.
Automobile liability insurance policy—Optional coverage for
personal injury protection—Rejection by insured.
Personal injury protection coverage—Exceptions.
Automobile insurance policies—Minimum personal injury
protection coverage.
Automobile insurance policies—Personal injury protection
coverage—Request by named insured—Benefit limits.
Rule making.
Vendor single-interest or collateral protection coverage—Definitions.
Vendor single-interest or collateral protection coverage—
Warning.
Vendor single-interest or collateral protection coverage—
Final notice and warning—No requirement to purchase—
Effective date of coverage.
Vendor single-interest or collateral protection coverage—Cancellation when borrower has obtained insurance—Interest
rate for financing.
Vendor single-interest or collateral protection coverage—Canceled or discontinued—Premium refund.
Vendor single-interest or collateral protection coverage—
Application.
Driver’s license suspension for nonpayment of child support—
Exclusion of unlicensed driver from insurance coverage not
applicable—Notation in driving record.
Casualty rates, rating organization: Chapter 48.19 RCW.
Injured public assistance recipient, department has lien, payment to recipient does not discharge lien: RCW 74.09.180, 43.20B.040, and
43.20B.050.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.22.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Automobile" means a passenger car as defined in
RCW 46.04.382 registered or principally garaged in this state
other than:
48.22.005
[Title 48 RCW—page 168]
(a) A farm-type tractor or other self-propelled equipment
designed for use principally off public roads;
(b) A vehicle operated on rails or crawler-treads;
(c) A vehicle located for use as a residence;
(d) A motor home as defined in RCW 46.04.305; or
(e) A moped as defined in RCW 46.04.304.
(2) "Bodily injury" means bodily injury, sickness, or disease, including death at any time resulting from the injury,
sickness, or disease.
(3) "Income continuation benefits" means payments for
the insured’s loss of income from work, because of bodily
injury sustained by the insured in an automobile accident,
less income earned during the benefit payment period. The
combined weekly payment an insured may receive under personal injury protection coverage, worker’s compensation,
disability insurance, or other income continuation benefits
may not exceed eighty-five percent of the insured’s weekly
income from work. The benefit payment period begins fourteen days after the date of the automobile accident and ends
at the earliest of the following:
(a) The date on which the insured is reasonably able to
perform the duties of his or her usual occupation;
(b) Fifty-four weeks from the date of the automobile
accident; or
(c) The date of the insured’s death.
(4) "Insured automobile" means an automobile described
on the declarations page of the policy.
(5) "Insured" means:
(a) The named insured or a person who is a resident of
the named insured’s household and is either related to the
named insured by blood, marriage, or adoption, or is the
named insured’s ward, foster child, or stepchild; or
(b) A person who sustains bodily injury caused by accident while: (i) Occupying or using the insured automobile
with the permission of the named insured; or (ii) a pedestrian
accidentally struck by the insured automobile.
(6) "Loss of services benefits" means reimbursement for
payment to others, not members of the insured’s household,
for expenses reasonably incurred for services in lieu of those
the insured would usually have performed for his or her
household without compensation, provided the services are
actually rendered. The maximum benefit is forty dollars per
day. Reimbursement for loss of services ends the earliest of
the following:
(a) The date on which the insured person is reasonably
able to perform those services;
(b) Fifty-two weeks from the date of the automobile
accident; or
(c) The date of the insured’s death.
(7) "Medical and hospital benefits" means payments for
all reasonable and necessary expenses incurred by or on
behalf of the insured for injuries sustained as a result of an
automobile accident for health care services provided by persons licensed under Title 18 RCW, including pharmaceuticals, prosthetic devices and eye glasses, and necessary ambulance, hospital, and professional nursing service. Medical
and hospital benefits are payable for expenses incurred
within three years from the date of the automobile accident.
(8) "Automobile liability insurance policy" means a policy insuring against loss resulting from liability imposed by
law for bodily injury, death, or property damage suffered by
(2008 Ed.)
Casualty Insurance
any person and arising out of the ownership, maintenance, or
use of an insured automobile. An automobile liability policy
does not include:
(a) Vendors single interest or collateral protection coverage;
(b) General liability insurance; or
(c) Excess liability insurance, commonly known as an
umbrella policy, where coverage applies only as excess to an
underlying automobile policy.
(9) "Named insured" means the individual named in the
declarations of the policy and includes his or her spouse if a
resident of the same household.
(10) "Occupying" means in or upon or entering into or
alighting from.
(11) "Pedestrian" means a natural person not occupying
a motor vehicle as defined in RCW 46.04.320.
(12) "Personal injury protection" means the benefits
described in this section and RCW 48.22.085 through
48.22.100. Payments made under personal injury protection
coverage are limited to the actual amount of loss or expense
incurred. [2003 c 115 § 1; 1993 c 242 § 1.]
Severability—1993 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 242 § 7.]
Effective date—1993 c 242: "Sections 1 through 5 of this act shall take
effect July 1, 1994." [1993 c 242 § 8.]
48.22.020 Assigned risk plans. The commissioner
shall after consultation with the insurers licensed to write
motor vehicle liability insurance in this state, approve a reasonable plan or plans for the equitable apportionment among
such insurers of applicants for such insurance who are in
good faith entitled to but are unable to procure insurance
through ordinary methods and, when such plan has been
approved, all such insurers shall subscribe thereto and shall
participate therein. Any applicant for such insurance, any
person insured under such plan and any insurer affected may
appeal to the commissioner from any ruling or decision of the
manager or committee designated to operate such plan.
[1947 c 79 § .22.02; Rem. Supp. 1947 § 45.22.02.]
48.22.020
Rate modifications for assigned risks: RCW 48.19.400.
48.22.030 Underinsured, hit-and-run, phantom vehicle coverage to be provided—Purpose—Definitions—
Exceptions—Conditions—Deductibles—Information on
motorcycle or motor-driven cycle coverage—Intended
victims. (1) "Underinsured motor vehicle" means a motor
vehicle with respect to the ownership, maintenance, or use of
which either no bodily injury or property damage liability
bond or insurance policy applies at the time of an accident, or
with respect to which the sum of the limits of liability under
all bodily injury or property damage liability bonds and
insurance policies applicable to a covered person after an
accident is less than the applicable damages which the covered person is legally entitled to recover.
(2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for
bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a
motor vehicle shall be issued with respect to any motor vehi48.22.030
(2008 Ed.)
48.22.030
cle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of underinsured
motor vehicles, hit-and-run motor vehicles, and phantom
vehicles because of bodily injury, death, or property damage,
resulting therefrom, except while operating or occupying a
motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the
regular use by the named insured or any family member, and
which is not insured under the liability coverage of the policy. The coverage required to be offered under this chapter is
not applicable to general liability policies, commonly known
as umbrella policies, or other policies which apply only as
excess to the insurance directly applicable to the vehicle
insured.
(3) Except as to property damage, coverage required
under subsection (2) of this section shall be in the same
amount as the insured’s third party liability coverage unless
the insured rejects all or part of the coverage as provided in
subsection (4) of this section. Coverage for property damage
need only be issued in conjunction with coverage for bodily
injury or death. Property damage coverage required under
subsection (2) of this section shall mean physical damage to
the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of
property damage.
(4) A named insured or spouse may reject, in writing,
underinsured coverage for bodily injury or death, or property
damage, and the requirements of subsections (2) and (3) of
this section shall not apply. If a named insured or spouse has
rejected underinsured coverage, such coverage shall not be
included in any supplemental or renewal policy unless a
named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under
this subsection shall apply only to the original issuance of
policies issued after July 24, 1983, and not to any renewal or
replacement policy. When a named insured or spouse
chooses a property damage coverage that is less than the
insured’s third party liability coverage for property damage, a
written rejection is not required.
(5) The limit of liability under the policy coverage may
be defined as the maximum limits of liability for all damages
resulting from any one accident regardless of the number of
covered persons, claims made, or vehicles or premiums
shown on the policy, or premiums paid, or vehicles involved
in an accident.
(6) The policy may provide that if an injured person has
other similar insurance available to him under other policies,
the total limits of liability of all coverages shall not exceed
the higher of the applicable limits of the respective coverages.
(7)(a) The policy may provide for a deductible of not
more than three hundred dollars for payment for property
damage when the damage is caused by a hit-and-run driver or
a phantom vehicle.
(b) In all other cases of underinsured property damage
coverage, the policy may provide for a deductible of not more
than one hundred dollars.
(8) For the purposes of this chapter, a "phantom vehicle"
shall mean a motor vehicle which causes bodily injury, death,
[Title 48 RCW—page 169]
48.22.040
Title 48 RCW: Insurance
or property damage to an insured and has no physical contact
with the insured or the vehicle which the insured is occupying
at the time of the accident if:
(a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any
person having an underinsured motorist claim resulting from
the accident; and
(b) The accident has been reported to the appropriate law
enforcement agency within seventy-two hours of the accident.
(9) An insurer who elects to write motorcycle or motordriven cycle insurance in this state must provide information
to prospective insureds about the coverage.
(10) An insurer who elects to write motorcycle or motordriven cycle insurance in this state must provide an opportunity for named insureds, who have purchased liability coverage for a motorcycle or motor-driven cycle, to reject underinsured coverage for that motorcycle or motor-driven cycle in
writing.
(11) If the covered person seeking underinsured motorist
coverage under this section was the intended victim of the
tort feasor, the incident must be reported to the appropriate
law enforcement agency and the covered person must cooperate with any related law enforcement investigation.
(12) The purpose of this section is to protect innocent
victims of motorists of underinsured motor vehicles. Covered persons are entitled to coverage without regard to
whether an incident was intentionally caused. However, a
person is not entitled to coverage if the insurer can demonstrate that the covered person intended to cause the event for
which a claim is made under the coverage described in this
section. As used in this section, and in the section of policies
providing the underinsured motorist coverage described in
this section, "accident" means an occurrence that is unexpected and unintended from the standpoint of the covered
person.
(13) "Underinsured coverage," for the purposes of this
section, means coverage for "underinsured motor vehicles,"
as defined in subsection (1) of this section. [2007 c 80 § 14.
Prior: 2006 c 187 § 1; 2006 c 110 § 1; 2006 c 25 § 17; 2004
c 90 § 1; 1985 c 328 § 1; 1983 c 182 § 1; 1981 c 150 § 1; 1980
c 117 § 1; 1967 c 150 § 27.]
Severability—1983 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 182 § 3.]
Effective date—1981 c 150: "This act shall take effect on September 1,
1981." [1981 c 150 § 3.]
Effective date—1980 c 117: "This act shall take effect on September 1,
1980." [1980 c 117 § 8.]
48.22.040 Underinsured motor vehicle coverage
where liability insurer is insolvent—Extent of coverage—
Rights of insurer upon making payment. (1) The term
"underinsured motor vehicles" with reference to coverage
offered under any insurance policy regulated under this chapter shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the
liability insurer thereof is unable to make payment with
respect to the legal liability of its insured within the limits
specified therein because of insolvency.
48.22.040
[Title 48 RCW—page 170]
(2) An insurer’s insolvency protection shall be applicable only to accidents occurring during a policy period in
which its insured’s underinsured motorist coverage is in
effect where the liability insurer of the tort-feasor becomes
insolvent within three years after such an accident. Nothing
herein contained shall be construed to prevent any insurer
from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.
(3) In the event of payment to an insured under the coverage required by this chapter and subject to the terms and
conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of
any settlement or judgment resulting from the exercise of any
rights of recovery of such insured against any person or organization legally responsible for the bodily injury, death, or
property damage for which such payment is made, including
the proceeds recoverable from the assets of the insolvent
insurer. Whenever an insurer shall make payment under the
coverage required by this section and which payment is occasioned by an insolvency, such insurer’s right of recovery or
reimbursement shall not include any rights against the
insured of said insolvent insurer for any amounts which
would have been paid by the insolvent insurer. Such paying
insurer shall have the right to proceed directly against the
insolvent insurer or its receiver, and in pursuance of such
right such paying insurer shall possess any rights which the
insured of the insolvent company might otherwise have had,
if the insured of the insolvent insurer had personally made the
payment. [1983 c 182 § 2; 1980 c 117 § 2; 1967 ex.s. c 95 §
3.]
Severability—1983 c 182: See note following RCW 48.22.030.
Effective date—1980 c 117: See note following RCW 48.22.030.
48.22.050 Market assistance plans. The commissioner
shall by regulation require insurers authorized to write casualty insurance in this state to form a market assistance plan to
assist persons and other entities unable to purchase casualty
insurance in an adequate amount from either the admitted
market or nonadmitted market.
For the purpose of this section, a market assistance plan
means a voluntary mechanism by insurers writing casualty
insurance in this state in either the admitted or nonadmitted
market to provide casualty insurance for a class of insurance
designated in writing to the plan by the commissioner.
The bylaws and method of operation of any market assistance plan shall be approved by the commissioner prior to its
operation.
A market assistance plan shall have a minimum of
twenty-five insurers willing to insure risks within the class
designated by the commissioner. If twenty-five insurers do
not voluntarily agree to participate, the commissioner may
require casualty insurers to participate in a market assistance
plan as a condition of continuing to do business in this state.
The commissioner shall make such a requirement to fulfill
the quota of at least twenty-five insurers. The commissioner
shall make his or her designation on the basis of the insurer’s
premium volume of casualty insurance in this state. [1986 c
305 § 906.]
48.22.050
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
(2008 Ed.)
Casualty Insurance
48.22.060
48.22.060 Debt and financing coverage. Every insurer
that writes collision and comprehensive coverage for loss or
damage to "private passenger automobiles" or "motor
homes," as those terms are defined in RCW 48.18.297 and
46.04.305, respectively, shall provide, upon the insured’s
request, coverage that will pay, in the event of total loss, an
amount, in excess of the actual cash value of the vehicle, sufficient to satisfy any outstanding indebtedness secured by and
incurred in conjunction with the financing of the purchase of
a new private passenger automobile or motor home.
Nothing in this section prohibits an insurer from denying
or excluding such coverage where the insured or someone
acting on the insured’s behalf acts in a fraudulent manner to
obtain or file a claim under such coverage. [1988 c 248 § 16;
1987 c 240 § 1.]
Effective date—1987 c 240: "The effective date of this act is January
1, 1988." [1987 c 240 § 2.]
48.22.070
48.22.070 Longshoreman’s and harbor worker’s
compensation coverage—Rules—Plan creation. (1) The
commissioner shall adopt rules establishing a reasonable plan
to insure that workers’ compensation coverage as required by
the United States longshore and harbor workers’ compensation act, 33 U.S.C. Secs. 901 through 950, and maritime
employer’s liability coverage incidental to the workers’ compensation coverage is available to those unable to purchase it
through the normal insurance market. This plan shall require
the participation of all authorized insurers writing primary or
excess United States longshore and harbor workers’ compensation insurance in the state of Washington and the Washington state industrial insurance fund as defined in RCW
51.08.175 which is authorized to participate in the plan and to
make payments in support of the plan in accordance with this
section. Any underwriting losses or surpluses incurred by the
plan shall be determined by the governing committee of the
plan and shall be shared by plan participants in accordance
with the following ratios: The state industrial insurance fund,
fifty percent; and authorized insurers writing primary or
excess United States longshore and harbor workers’ compensation insurance, fifty percent.
(2) The Washington state industrial insurance fund may
obtain or provide reinsurance coverage for the plan created
under subsection (1) of this section the terms of which shall
be negotiated between the state fund and the plan. This coverage shall not be obtained or provided if the commissioner
determines that the premium to be charged would result in
unaffordable rates for coverage provided by the plan. In considering whether excess of loss coverage premiums would
result in unaffordable rates for workers’ compensation coverage provided by the plan, the commissioner shall compare the
resulting plan rates to those provided under any similar pool
or plan of other states.
(3) An applicant for plan insurance, a person insured
under the plan, or an insurer, affected by a ruling or decision
of the manager or committee designated to operate the plan
may appeal to the commissioner for resolution of a dispute.
In adopting rules under this section, the commissioner shall
require that the plan use generally accepted actuarial principles for rate making. [1997 c 110 § 1; 1993 c 177 § 1; 1992
c 209 § 2.]
(2008 Ed.)
48.22.085
Effective date—1997 c 110: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 110 § 3.]
Effective date—1993 c 177: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 177 § 4.]
Finding—Declaration—1992 c 209: "The legislature finds and
declares that the continued existence of a strong and healthy maritime industry in this state is threatened by the unavailability and excessive cost of workers’ compensation coverage required by the United States longshoreman’s
and harbor worker’s compensation act. The legislature, therefore, acting
under its authority to protect industry and employment in this state hereby
establishes a commission to devise and implement both a near and long-term
solution to this problem, for the purpose of maintaining employment for
Washington workers and a vigorous maritime industry." [1992 c 209 § 1.]
48.22.080
48.22.080 Health care liability risk management
training program. Effective July 1, 1994, a casualty
insurer’s issuance of a new medical malpractice policy or
renewal of an existing medical malpractice policy to a physician or other independent health care practitioner shall be
conditioned upon that practitioner’s participation in, and
completion of, an insurer-designed health care liability risk
management training program once every three years. Completion of said training program during 1994 shall satisfy the
first three-year training requirement. The risk management
training shall provide information related to avoiding adverse
health outcomes resulting from substandard practice and
minimizing damages associated with the adverse health outcomes that do occur. For purposes of this section, "independent health care practitioners" means those health care practitioner licensing classifications designated by the department
of health in rule pursuant to *RCW 18.130.330. [1994 c 102
§ 2; 1993 c 492 § 413.]
*Reviser’s note: RCW 18.130.330 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.22.085
48.22.085 Automobile liability insurance policy—
Optional coverage for personal injury protection—Rejection by insured. (1) No new automobile liability insurance
policy or renewal of such an existing policy may be issued
unless personal injury protection coverage is offered as an
optional coverage.
(2) A named insured may reject, in writing, personal
injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured
rejects personal injury protection coverage:
(a) That rejection is valid and binding as to all levels of
coverage and on all persons who might have otherwise been
insured under such coverage; and
(b) The insurer is not required to include personal injury
protection coverage in any supplemental, renewal, or replacement policy unless a named insured subsequently requests
such coverage in writing. [2003 c 115 § 2; 1993 c 242 § 2.]
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
[Title 48 RCW—page 171]
48.22.090
Title 48 RCW: Insurance
48.22.090 Personal injury protection coverage—
Exceptions. An insurer is not required to provide personal
injury protection coverage to or on behalf of:
(1) A person who intentionally causes injury to himself
or herself;
(2) A person who is injured while participating in a prearranged or organized racing or speed contest or in practice or
preparation for such a contest;
(3) A person whose bodily injury is due to war, whether
or not declared, or to an act or condition incident to such circumstances;
(4) A person whose bodily injury results from the radioactive, toxic, explosive, or other hazardous properties of
nuclear material;
(5) The named insured or a relative while occupying a
motor vehicle owned by the named insured or furnished for
the named insured’s regular use, if such motor vehicle is not
described on the declaration page of the policy under which a
claim is made;
(6) A relative while occupying a motor vehicle owned by
the relative or furnished for the relative’s regular use, if such
motor vehicle is not described on the declaration page of the
policy under which a claim is made; or
(7) An insured whose bodily injury results or arises from
the insured’s use of an automobile in the commission of a felony. [2003 c 115 § 3; 1993 c 242 § 3.]
48.22.090
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.095 Automobile insurance policies—Minimum
personal injury protection coverage. Insurers providing
automobile insurance policies must offer minimum personal
injury protection coverage for each insured with benefit limits as follows:
(1) Medical and hospital benefits of ten thousand dollars;
(2) A funeral expense benefit of two thousand dollars;
(3) Income continuation benefits of ten thousand dollars,
subject to a limit of two hundred dollars per week; and
(4) Loss of services benefits of five thousand dollars,
subject to a limit of two hundred dollars per week. [2003 c
115 § 4; 1993 c 242 § 4.]
48.22.095
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
48.22.100 Automobile insurance policies—Personal
injury p rotection co verage— Request by named
insured—Benefit limits. If requested by a named insured,
an insurer providing automobile liability insurance policies
must offer personal injury protection coverage for each
insured with benefit limits as follows:
(1) Medical and hospital benefits of thirty-five thousand
dollars;
(2) A funeral expense benefit of two thousand dollars;
(3) Income continuation benefits of thirty-five thousand
dollars, subject to a limit of seven hundred dollars per week;
and
(4) Loss of services benefits of fourteen thousand six
hundred dollars. [2003 c 115 § 5; 1993 c 242 § 5.]
48.22.100
Severability—Effective date—1993 c 242: See notes following RCW
48.22.005.
[Title 48 RCW—page 172]
48.22.105 Rule making. The commissioner may adopt
such rules as are necessary to implement RCW 48.22.005 and
48.22.085 through 48.22.100. [1993 c 242 § 9.]
48.22.105
Severability—1993 c 242: See note following RCW 48.22.005.
48.22.110 Vendor single-interest or collateral protection coverage—Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this section and RCW 48.22.115 through
48.22.135.
(1) "Borrower" means a person who receives a loan or
enters into a retail installment contract under chapter 63.14
RCW to purchase a motor vehicle or vessel in which the
secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state
subject to registration under chapter 46.16 RCW, except
motor vehicles governed by RCW 46.16.020 or registered
with the Washington utilities and transportation commission
as common or contract carriers.
(3) "Secured party" means a person, corporation, association, partnership, or venture that possesses a bona fide security interest in a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection
coverage" means insurance coverage insuring primarily or
solely the interest of a secured party but which may include
the interest of the borrower in a motor vehicle or vessel serving as collateral and obtained by the secured party or its agent
after the borrower has failed to obtain or maintain insurance
coverage required by the financing agreement for the motor
vehicle or vessel. Vendor single-interest or collateral protection coverage does not include insurance coverage purchased
by a secured party for which the borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW
88.02.010 and includes personal watercraft as defined in
RCW 79A.60.010. [2003 c 248 § 10; 1994 c 186 § 1.]
48.22.110
Effective date—1994 c 186 §§ 1-5: "Sections 1 through 5 of this act
take effect January 1, 1995." [1994 c 186 § 8.]
48.22.115 Vendor single-interest or collateral protection coverage—Warning. In a contract or loan agreement,
or on a separate document accompanying the contract or loan
agreement and signed by the borrower, that provides financing for a motor vehicle or vessel and authorizes a secured
party to purchase vendor single interest or collateral protection coverage, the following or substantially similar warning
must be set forth in ten-point print:
48.22.115
WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS
REQUIRED BY OUR LOAN AGREEMENT, WE
MAY PURCHASE INSURANCE AT YOUR
EXPENSE TO PROTECT OUR INTEREST. THIS
INSURANCE MAY, BUT NEED NOT, ALSO
PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY
CLAIM YOU MAKE OR ANY CLAIM MADE
AGAINST YOU. YOU MAY LATER CANCEL
THIS COVERAGE BY PROVIDING EVIDENCE
(2008 Ed.)
Casualty Insurance
THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE.
YOU ARE RESPONSIBLE FOR THE COST OF
ANY INSURANCE PURCHASED BY US. THE
COST OF THIS INSURANCE MAY BE ADDED
TO YOUR LOAN BALANCE. IF THE COST IS
ADDED TO THE LOAN B ALANCE, THE
INTEREST RATE ON THE UNDERLYING
LOAN WILL APPLY TO THIS ADDED
AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED
TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE MAY BE
CONSIDERABLY MORE EXPENSIVE THAN
INSURANCE YOU CAN OBTAIN ON YOUR
OWN AND MAY NOT SATISFY WASHINGTON’S MANDATORY LIABILITY INSURANCE
LAWS.
[1994 c 186 § 2.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.120 Vendor single-interest or collateral protection coverage—Final notice and warning—No requirement to purchase—Effective date of coverage. (1) A
secured party shall not impose charges, that may include but
are not limited to interest, finance, and premium charges, on
a borrower for vendor single interest or collateral protection
coverage for the motor vehicle or vessel as provided in subsection (2) of this section until the following or a substantially similar warning printed in ten-point type is sent to the
borrower:
48.22.120
FINAL NOTICE AND WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS
REQUIRED BY OUR LOAN AGREEMENT
WITHIN FIVE DAYS AFTER THE POSTMARK
ON THIS LETTER, WE WILL PURCHASE
INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE
MAY, BUT NEED NOT, ALSO PROTECT YOUR
INTEREST. IF THE COLLATERAL BECOMES
DAMAGED, THE COVERAGE WE PURCHASE
MAY NOT PAY ANY CLAIM YOU MAKE OR
ANY CLAIM MADE AGAINST YOU. YOU
MAY LATER CANCEL THIS COVERAGE BY
PROVIDING EVIDENCE THAT YOU HAVE
O BTA INED P R OP E R C OV E R AG E E L SE WHERE OR HAVE PAID OFF THE LOAN ON
THE COLLATERAL IN ITS ENTIRETY.
YOU ARE RESPONSIBLE FOR THE COST OF
THE INSURANCE PURCHASED BY US. THE
COST OF THIS INSURANCE MAY BE ADDED
TO YOUR LOAN BALANCE. IF THE COST IS
ADDED TO THE LOAN B ALANCE, THE
INTEREST RATE ON THE UNDERLYING
(2008 Ed.)
48.22.120
LOAN WILL APPLY TO THIS ADDED
AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR COVERAGE
LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE WILL COST
YOU A TOTAL OF APPROXIMATELY $ . . . .
(PLUS INTEREST) AND MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE
YOU CAN OBTAIN ON YOUR OWN.
The final notice and warning shall identify whether the coverage to be purchased is vendor single interest or collateral
protection coverage and disclose the extent of the borrower’s
coverage, if any, including a statement of whether the coverage satisfies Washington’s mandatory liability insurance
laws.
(2) If reasonable efforts to provide the borrower with the
notice required under subsection (1) of this section fail to produce evidence of the required insurance, the secured party
may proceed to impose charges for vendor single interest or
collateral protection coverage no sooner than eight days after
giving notice as required under this chapter. Reasonable
efforts to provide notice under this section means:
(a) Within thirty days before the secured party is
required to send the final notice and warning in compliance
with subsection (1) of this section, the secured party shall
mail a notice by first-class mail to the borrower’s last known
address as contained in the secured party’s records. The
notice shall state that the secured party intends to charge the
borrower for vendor single interest or collateral protection
coverage on the collateral if the borrower fails to provide evidence of proper insurance to the lender; and
(b) The secured party shall send the final notice and
warning notice in compliance with subsection (1) of this section by certified mail to the borrower’s last known address as
contained in the secured party’s records at least eight days
before the insurance is charged to the borrower by the
insurer.
(3) The secured party is responsible for complying with
subsection (2)(a) and (b) of this section. However, a secured
party may seek the services of other entities to fulfill the
requirements of subsection (2)(a) and (b) of this section.
(4) Nothing contained in this chapter, or a secured
party’s compliance with or failure to comply with this chapter, shall be construed to require the secured party to purchase
vendor single interest or collateral protection coverage, and
the secured party shall not be liable to the borrower or any
third party as a result of its failure to purchase vendor single
interest or collateral protection coverage.
(5) Substantial compliance by a secured party with RCW
48.22.110 through 48.22.130 constitutes a complete defense
to any claim arising under the laws of this state challenging
the secured party’s placement of vendor single interest or collateral protection coverage.
(6) The effective date of vendor single interest or collateral protection coverage placed under this chapter shall be
either the date that the borrower’s prior coverage lapsed or
the date that the borrower failed to provide proof of coverage
on the vehicle or vessel as required under the contract or loan
agreement. Premiums for vendor single interest or collateral
[Title 48 RCW—page 173]
48.22.125
Title 48 RCW: Insurance
protection coverage placed under this chapter shall be calculated on a basis that does not exceed the outstanding credit
balance as of the effective date of the coverage even though
the coverage may limit liability to the outstanding balance,
actual cash value, or cost of repair.
(7) If the secured party has purchased the contract or loan
agreement relating to the motor vehicle or vessel from the
seller of the motor vehicle or vessel under an agreement that
the seller must repurchase the contract or loan agreement in
the event of a default by the borrower, the secured party shall
send a copy of the notice provided under subsection (2)(a) of
this section by first-class mail to the seller at the seller’s last
known address on file with the secured party when such
notice is sent to the borrower under subsection (2)(a) of this
section. [1994 c 186 § 3.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.125 Vendor single-interest or collateral protection coverage—Cancellation when borrower has obtained
insurance—Interest rate for financing. (1) The secured
party shall cancel vendor single interest or collateral protection coverage charged to the borrower effective the date of
receipt of proper evidence from the borrower that the borrower has obtained insurance to protect the secured party’s
interest. Proper evidence includes an insurance binder that is
no older than ninety days from the date of issuance and that
contains physical damage coverage as provided in the borrower’s loan agreement with respect to the motor vehicle or
vessel.
(2) If the underlying loan or extension of credit for the
underlying loan is satisfied, the secured party may not require
the borrower to maintain vendor single interest or collateral
protection coverage that has been purchased.
(3) The interest rate for financing the cost of vendor single interest or collateral protection coverage may not exceed
the interest rate applied to the underlying loan obligation.
[1994 c 186 § 4.]
48.22.125
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.130 Vendor single-interest or collateral protection coverage—Canceled or discontinued—Premium
refund. If vendor single interest or collateral protection coverage is canceled or discontinued under RCW 48.22.125 (1)
or (2), the amount of unearned premium must be refunded to
the borrower. At the option of the secured party, this refund
may take the form of a credit against the borrower’s obligation to the secured party. If the refund is taken as a credit
against the borrower’s obligation to the secured party, the
secured party shall provide the borrower with an itemized
statement that indicates the amount of the credit and where
the credit has been applied. [1994 c 186 § 5.]
similar to that required under this chapter, shall not be admissible in any court or arbitration proceeding or otherwise used
to prove that a secured party’s actions with respect to vendor
single interest or collateral protection coverage or similar
coverage were unlawful or otherwise improper. A secured
party shall not be liable to the borrower or any other party for
placing vendor single interest or collateral protection coverage in accordance with the terms of an otherwise legal loan or
other written agreement with the borrower entered prior to
January 1, 1995. The provisions of this section shall be applicable with respect to actions pending or commenced on or
after June 9, 1994. [1994 c 186 § 7.]
48.22.140 Driver’s license suspension for nonpayment of child support—Exclusion of unlicensed driver
from insurance coverage not applicable—Notation in
driving record. In the event that the department of licensing
suspends a driver’s license solely for the nonpayment of child
support as provided in chapter 74.20A RCW or for noncompliance with a residential or visitation order as provided in
*chapter 26.09 RCW, any provision in the driver’s motor
vehicle liability insurance policy excluding insurance coverage for an unlicensed driver shall not apply to the driver for
ninety days from the date of suspension. When a driver’s
license is suspended under chapter 74.20A RCW, the driving
record for the suspended driver shall include a notation that
explains the reason for the suspension. [1997 c 58 § 808.]
48.22.140
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Chapter 48.23
48.22.130
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.135 Vendor single-interest or collateral protection coverage—Application. The failure of a secured party
prior to January 1, 1995, to provide notice as contemplated in
this chapter, or otherwise to administer a vendor single interest or collateral protection coverage program in a manner
48.22.135
[Title 48 RCW—page 174]
Chapter 48.23 RCW
LIFE INSURANCE AND ANNUITIES
Sections
48.23.010
48.23.020
48.23.030
48.23.040
48.23.050
48.23.060
48.23.070
48.23.075
48.23.080
48.23.085
48.23.090
48.23.100
48.23.110
48.23.120
48.23.130
48.23.140
48.23.150
48.23.160
48.23.170
48.23.180
48.23.190
48.23.200
48.23.210
48.23.220
Scope of chapter.
Standard provisions required—Life insurance.
Grace period.
Entire contract—Representations.
Incontestability.
Misstatement of age.
Participation in surplus.
Participation in surplus—Requirements for forms.
Policy loan.
Policy loan interest rates.
Table of values and options.
Nonforfeiture options.
Table of installments.
Reinstatement.
Settlement on proof of death.
Standard provisions—Annuities, pure endowment contracts.
Grace period—Annuities, pure endowments.
Incontestability—Annuities, pure endowments.
Entire contract—Annuities, pure endowments.
Misstatement of age or sex—Annuities, pure endowments.
Dividends—Annuities, pure endowments.
Nonforfeiture benefits—Annuities, pure endowments.
Reinstatement—Annuities, pure endowments.
Standard provisions—Reversionary annuities.
(2008 Ed.)
Life Insurance and Annuities
48.23.230
48.23.240
48.23.250
48.23.260
48.23.270
48.23.290
48.23.300
48.23.310
48.23.320
48.23.330
48.23.340
48.23.345
48.23.360
48.23.370
48.23.380
48.23.410
48.23.420
48.23.430
48.23.440
48.23.450
48.23.460
48.23.470
48.23.480
48.23.490
48.23.500
48.23.510
48.23.520
Sections applicable.
Reinstatement—Reversionary annuities.
Supplemental benefits.
Limitation of liability.
Incontestability after reinstatement.
Premium deposits.
Policy settlements—Interest.
Deduction of indebtedness.
Miscellaneous proceeds.
Trafficking in dividend rights.
Prohibited policy plans.
Juvenile life insurance—Speculative or fraudulent purposes.
Calculation of nonforfeiture benefits under annuities.
Duties of insurer issuing both participating and nonparticipating policies—Rules.
Return of policy and refund of premium—Grace period—
Notice—Effect.
Short title.
Inapplicability of enumerated sections to certain policies.
Paid-up annuity and cash surrender provisions required.
Minimum nonforfeiture amounts.
Minimum present value of paid-up annuity benefit.
Minimum cash surrender benefits—Death benefit.
Contracts without cash surrender, death benefits—Minimum
present value of paid-up annuity benefits.
Optional maturity dates.
Statement required in contract without cash surrender or death
benefits.
Calculation of benefits available other than on contract anniversary.
Additional benefits.
Operative date of RCW 48.23.410 through 48.23.520.
48.23.070
48.23.030 Grace period. There shall be a provision that
the insured is entitled to a grace period of one month, but not
less than thirty days, within which the payment of any premium after the first may be made, subject at the option of the
insurer to an interest charge not in excess of six percent per
annum for the number of days of grace elapsing before the
payment of the premium, during which period of grace the
policy shall continue in force, but in case the policy becomes
a claim during the grace period before the overdue premium
is paid, or the deferred premiums of the current policy year, if
any, are paid, the amount of such premium or premiums with
interest thereon may be deducted in any settlement under the
policy. [1947 c 79 § .23.03; Rem. Supp. 1947 § 45.23.03.]
48.23.030
48.23.040 Entire contract—Representations. In all
such policies other than those containing a clause making the
policy incontestable from date of issue, there shall be a provision that the policy and the application therefor, if a copy
thereof has been endorsed upon or attached to the policy at
issue and made a part thereof, shall constitute the entire contract between the parties, and that all statements made by the
applicant or by the insured, shall, in the absence of fraud, be
deemed representations and not warranties. [1947 c 79 §
.23.04; Rem. Supp. 1947 § 45.23.04.]
48.23.040
Assignment of policies: RCW 48.18.360.
Charitable gift annuity business: Chapter 48.38 RCW.
Exemption of proceeds
commutation, annuities: RCW 48.18.430.
life insurance: RCW 48.18.410.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minor may contract for life or disability insurance: RCW 48.18.020.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
48.23.050 Incontestability. There shall be a provision
that the policy shall be incontestable after it has been in force
during the lifetime of the insured for a period of two years
from its date of issue, except for nonpayment of premiums
and except, at the option of the insurer, as to provisions relative to benefits in event of total and permanent disability and
as to provisions which grant additional insurance specifically
against accidental death. [1947 c 79 § .23.05; Rem. Supp.
1947 § 45.23.05.]
48.23.050
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Simultaneous deaths: RCW 48.18.390.
Spouses’ rights in life insurance policy: RCW 48.18.440.
48.23.010 Scope of chapter. This chapter applies to
contracts of life insurance and annuities other than group life
insurance, group annuities, and, except for RCW 48.23.260,
48.23.270, and 48.23.340, other than industrial life insurance.
However, Title 48 RCW does not apply to charitable gift
annuities issued by a board of a state university, regional university, or a state college, nor to the issuance thereof. [2005
c 223 § 12; 1979 c 130 § 2; 1947 c 79 § .23.01; Rem. Supp.
1947 § 45.23.01.]
48.23.010
Severability—1979 c 130: See note following RCW 28B.10.485.
48.23.020 Standard provisions required—Life insurance. (1) No policy of life insurance other than industrial,
group and pure endowments with or without return of premiums or of premiums and interest, shall be delivered or issued
for delivery in this state unless it contains in substance all of
the provisions required by RCW 48.23.030 to 48.23.130,
inclusive. This provision shall not apply to annuity contracts.
(2) Any of such provisions or portions thereof not applicable to single premium or term policies shall to that extent
not be incorporated therein. [1947 c 79 § .23.02; Rem. Supp.
1947 § 45.23.02.]
48.23.020
(2008 Ed.)
48.23.060 Misstatement of age. There shall be a provision that if it is found that the age of the insured (or the age of
any other individual considered in determining the premium)
has been misstated, the amount payable under the policy shall
be such as the premium would have purchased at the correct
age or ages, according to the insurer’s rate at date of issue.
[1947 c 79 § .23.06; Rem. Supp. 1947 § 45.23.06.]
48.23.060
48.23.070 Participation in surplus. (1) In all policies
which provide for participation in the insurer’s surplus, there
shall be a provision that the policy shall so participate annually in the insurer’s divisible surplus as apportioned by the
insurer, beginning not later than the end of the third policy
year. Any policy containing provision for annual participation beginning at the end of the first policy year, may also
provide that each dividend shall be paid subject to the payment of the premiums for the next ensuing year. The insured
under any annual dividend policy shall have the right each
year to have the current dividend arising from such participation either paid in cash, or applied in accordance with such
other dividend option as may be specified in the policy and
elected by the insured. The policy shall further provide which
of the options shall be effective if the insured shall fail to
notify the insurer in writing of his election within the period
of grace allowed for the payment of premium.
48.23.070
[Title 48 RCW—page 175]
48.23.075
Title 48 RCW: Insurance
(2) This section shall not apply to paid-up nonforfeiture
benefits nor paid-up policies issued on default in payment of
premiums. [1947 c 79 § .23.07; Rem. Supp. 1947 §
45.23.07.]
48.23.075
48.23.075 Participation in surplus—Requirements
for forms. (1) Life insurance and annuity policy forms of the
following types shall be defined and designated as participating forms of insurance only if they contain a provision for
participation in the insurer’s surplus, and shall be defined and
designated as nonparticipating forms if they do not contain a
provision for participation in the insurer’s surplus:
(a) Forms which provide that the premium or consideration at the time of issue and subsequent premiums or considerations will be established by the insurer based on current, or
then current, projected assumptions for such factors as interest, mortality, persistency, expense, or other factors, subject
to a maximum guaranteed premium or premiums set forth in
the policy; and
(b) Forms (except those for variable life insurance and
variable annuity plans which are subject to chapter 48.18A
RCW) which provide that their premiums or considerations
are credited to an account to which interest is credited, and
from which the cost of any life insurance or annuity benefits
or other benefits or specified expenses are deducted.
(2) The commissioner may by regulation further clarify
the definitions and requirements contained in subsection (1)
of this section, and may classify any other types of forms as
participating or nonparticipating, consistent therewith. [1982
c 181 § 19.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.23.080
48.23.080 Policy loan. (1) There shall be a provision
that after three full years’ premiums have been paid thereon,
the insurer at any time, while the policy is in force, will
advance, on proper assignment or pledge of the policy and on
the sole security thereof, at a rate of interest provided in this
chapter as now or hereafter amended, a sum to be determined
as follows:
(a) If such policy is issued prior to the operative date of
*RCW 48.23.350, the sum, including any interest paid in
advance but not beyond the end of the current policy year,
shall be equal to or at the option of the owner of the policy
less than, the reserve at the end of the current policy year on
the policy and on any dividend additions thereto, less a sum
not more than two and one-half percent of the amount insured
by the policy and of any dividend additions thereto. The policy may contain a provision by which the insurer reserves the
right to defer the making of the loan, except when made to
pay premiums, for a period not exceeding six months after
the date of application therefor.
(b) If such policy is issued on or after such operative
date, the sum, including any interest to the end of the current
policy year shall not exceed the cash surrender value at the
end of the current policy year, as required by *RCW
48.23.350.
(c)(i) The policy shall contain (A) a provision that policy
loans shall bear interest at a specified rate not exceeding six
percent per annum, or (B) a provision that policy loans shall
[Title 48 RCW—page 176]
bear interest at a variable of not less than four nor more than
eight percent per annum.
(ii) The variable rate shall not be changed more frequently than once per year and no change may exceed one
percent per annum except reductions. The insurer shall give
at least thirty days’ notice to the policy owner or the owner’s
designee of any changes in the interest rate.
(iii) The provisions of (c)(i) and (c)(ii) of this subsection
shall apply only in policies in existence prior to August 1,
1981.
(2) Such policy shall further provide that the insurer may
deduct from such loan value any existing indebtedness on the
policy (unless such indebtedness has already been deducted
in determining the cash surrender value) and any unpaid balance of the premium for the current policy year; and that if
the loan is made or repaid on a date other than the anniversary
of the policy, the insurer shall be entitled to interest for the
portion of the current policy year at the rate of interest specified in the policy.
(3) Such policy may further provide that if the interest on
the loan is not paid when due, it shall be added to the existing
indebtedness and shall bear interest at the same rate; and that
if and when the total indebtedness on the policy, including
interest due or accruing, equals or exceeds the amount of the
loan value thereof which would otherwise exist at such time,
the policy shall terminate in full settlement of such indebtedness and become void; except, that it shall be stipulated in the
policy that no such termination shall be effective prior to the
expiration of at least thirty days after notice of the pendency
of the termination was mailed by the insurer to the insured
and the assignee, if any, at their respective addresses last of
record with the insurer.
(4) The insurer shall provide in any policy issued on or
after the operative date of *RCW 48.23.350 that the making
of any loan, other than a loan to pay premiums, may be
deferred for not exceeding six months after the application
for the loan has been received by it. [1981 c 247 § 3; 1977
ex.s. c 250 § 1; 1947 c 79 § .23.08; Rem. Supp. 1947 §
45.23.08.]
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c 9 §
36; later enactment, see chapter 48.76 RCW.
Purpose—Effective date—1981 c 247: See notes following RCW
48.23.085.
Construction—1977 ex.s. c 250: "This 1977 amendatory act shall not
impair the terms and conditions of any policy of life insurance in force prior
to the effective date of this 1977 amendatory act." [1977 ex.s. c 250 § 2.]
48.23.085 Policy loan interest rates. (1) As used in
this section, "published monthly average" means:
(a) The "Moody’s Corporate Bond Yield Average Monthly Average Corporates" as published by Moody’s
Investors Service, Incorporated or any successor thereto; or
(b) If the "Moody’s Corporate Bond Yield Average Monthly Average Corporates" is no longer published, a substantially similar average, established by rule issued by the
commissioner.
(2) Policies issued on or after August 1, 1981, shall provide for policy loan interest rates by containing:
(a) A provision permitting a maximum interest rate of
not more than eight percent per annum; or
48.23.085
(2008 Ed.)
Life Insurance and Annuities
(b) A provision permitting an adjustable maximum interest rate established from time to time by the life insurer as
permitted by law.
(3) The rate of interest charged on a policy loan made
under (2)(b) of this section shall not exceed the higher of the
following:
(a) The published monthly average for the calendar
month ending two months before the date on which the rate is
determined; or
(b) The rate used to compute the cash surrender values
under the policy during the applicable period plus one percent per annum.
(4) If the maximum rate of interest is determined pursuant to (2)(b) of this section, the policy shall contain a provision setting forth the frequency at which the rate is to be
determined for that policy.
(5) The maximum rate for each policy shall be determined at regular intervals at least once every twelve months,
but not more frequently than once in any three-month period.
At the intervals specified in the policy:
(a) The rate being charged may be increased whenever
such increase as determined under subsection (3) of this section would increase that rate by one-half of one percent or
more per annum; and
(b) The rate being charged shall be reduced whenever
such reduction as determined under subsection (3) of this section would decrease that rate by one-half of one percent or
more per annum.
(6) The life insurer shall:
(a) Notify the policyholder at the time a cash loan is
made of the initial rate of interest on the loan;
(b) Notify the policyholder with respect to premium
loans of the initial rate of interest on the loan as soon as it is
reasonably practical to do so after making the initial loan.
Notice need not be given to the policyholder when a further
premium loan is added, except as provided in (c) of this subsection;
(c) Send to policyholders with loans reasonable advance
notice of any increase in the rate; and
(d) Include in the notices required in this subsection the
substance of the pertinent provisions of subsections (2) and
(4) of this section.
(7) The substance of the pertinent provisions of subsections (2) and (4) of this section shall be set forth in the policies to which they apply.
(8) The loan value of the policy shall be determined in
accordance with RCW 48.23.080, but no policy shall terminate in a policy year as the sole result of change in the interest
rate during that policy year, and the life insurer shall maintain
coverage during that policy year until the time at which it
would otherwise have terminated if there had been no change
during that policy year.
(9) For purposes of this section:
(a) The rate of interest on policy loans permitted under
this section includes the interest rate charged on reinstatement of policy loans for the period during and after any lapse
of a policy;
(b) The term "policy loan" includes any premium loan
made under a policy to pay one or more premiums that were
not paid to the life insurer as they fell due;
(2008 Ed.)
48.23.130
(c) The term "policyholder" includes the owner of the
policy or the person designated to pay premiums as shown on
the records of the life insurer; and
(d) The term "policy" includes certificates issued by a
fraternal benefit society and annuity contracts which provide
for policy loans.
(10) No other provision of law shall apply to policy loan
interest rates unless made specifically applicable to such
rates. [1981 c 247 § 2.]
Purpose—1981 c 247: "The purpose of this act is to permit and set
guidelines for life insurers to include in life insurance policies issued after
the effective date of this act a provision for periodic adjustment of policy
loan interest rates." [1981 c 247 § 1.]
Effective date—1981 c 247: "This act shall take effect August 1, 1981,
and shall not apply to any insurance contract before that date." [1981 c 247
§ 5.]
48.23.090 Table of values and options. There shall be
a table showing in figures the loan value, if any, and any
options available under the policy each year upon default in
premium payments, during at least the first twenty years of
the policy, or for its life if maturity or expiry occurs in less
than twenty years. [1947 c 79 § .23.09; Rem. Supp. 1947 §
45.23.09.]
48.23.090
48.23.100 Nonforfeiture options. There shall be a provision specifying the option to which the policyholder is
automatically entitled in the absence of the election of other
nonforfeiture options upon default in premium payment after
nonforfeiture values become available. [1947 c 79 § .23.10;
Rem. Supp. 1947 § 45.23.10.]
48.23.100
48.23.110 Table of installments. If the policy provides
for payment of its proceeds in installments or as an annuity, a
table showing the amount and period of such installments or
annuity shall be included in the policy. Except, that if in the
judgment of the commissioner it is not practical to include
certain tables in the policy, the requirements of this section
may be met as to such policy by the insurer filing such tables
with the commissioner. [1947 c 79 § .23.11; Rem. Supp.
1947 § 45.23.11.]
48.23.110
48.23.120 Reinstatement. There shall be a provision
that the policy may be reinstated at any time within three
years after the date of default in the payment of any premium,
unless the policy has been surrendered for its cash value, or
the period of any extended insurance provided by the policy
has expired, upon evidence of insurability satisfactory to the
insurer and the payment of all overdue premiums, and payment (or, within the limits permitted by the then cash values
of the policy, reinstatement) of any other indebtedness to the
insurer upon the policy with interest as to premiums at a rate
not exceeding six percent per annum compounded annually.
[1981 c 247 § 4; 1947 c 79 § .23.12; Rem. Supp. 1947 §
45.23.12.]
48.23.120
Purpose—Effective date—1981 c 247: See notes following RCW
48.23.085.
48.23.130 Settlement on proof of death. There shall
be a provision that when a policy becomes a claim by the
death of the insured, settlement shall be made upon receipt of
48.23.130
[Title 48 RCW—page 177]
48.23.140
Title 48 RCW: Insurance
due proof of death and surrender of the policy. [1947 c 79 §
.23.13; Rem. Supp. 1947 § 45.23.13.]
48.23.140
48.23.140 Standard provisions—Annuities, pure
endowment contracts. No annuity or pure endowment contract, other than reversionary annuities, or survivorship annuities, or group annuities, shall be delivered or issued for delivery in this state unless it contains in substance each of the provisions specified in RCW 48.23.150 to 48.23.210 inclusive.
Any of such provisions not applicable to single premium
annuities or single premium pure endowment contracts shall
not, to that extent, be incorporated therein.
This section shall not apply to contracts for deferred
annuities included in, or upon the lives of beneficiaries under,
life insurance policies. [1947 c 79 § .23.14; Rem. Supp. 1947
§ 45.23.14.]
48.23.180 Misstatement of age or sex—Annuities,
pure endowments. In such contracts there shall be a provision that if the age or sex of the person or persons upon whose
life or lives the contract is made, or if any of them has been
misstated, the amount payable or benefit accruing under the
contract shall be such as the stipulated payment or payments
to the insurer would have purchased according to the correct
age or sex; and that if the insurer shall make or has made any
underpayment or underpayments or any overpayment or
overpayments on account of any such misstatement, the
amount thereof, with interest at the rate to be specified in the
contract but not exceeding six percent per annum, shall, in the
case of underpayment, be paid the insured or, in the case of
overpayment, may be charged against the current or next succeeding payment or payments to be made by the insurer
under the contract. [1982 c 181 § 12; 1947 c 79 § .23.18;
Rem. Supp. 1947 § 45.23.18.]
48.23.180
Severability—1982 c 181: See note following RCW 48.03.010.
48.23.150
48.23.150 Grace period—Annuities, pure endowments. In such contracts, there shall be a provision that there
shall be a period of grace of one month, but not less than
thirty days, within which any stipulated payment to the
insurer falling due after the first may be made, subject at the
option of the insurer, to an interest charge thereon at a rate to
be specified in the contract but not exceeding six percent per
annum for the number of days of grace elapsing before such
payment, during which period of grace, the contract shall
continue in full force; but in case a claim arises under the contract on account of death prior to expiration of the period of
grace before the overdue payment to the insurer of the
deferred payments of the current contract year, if any, are
made, the amount of such payments, with interest on any
overdue payments, may be deducted from any amount payable under the contract in settlement. [1947 c 79 § .23.15;
Rem. Supp. 1947 § 45.23.15.]
48.23.160
48.23.160 Incontestability—Annuities, pure endowments. If any statements, other than those relating to age,
sex, and identity, are required as a condition to issuing such
an annuity or pure endowment contract, and subject to RCW
48.23.180, there shall be a provision that the contract shall be
incontestable after it has been in force during the lifetime of
the person or of each of the persons as to whom such statements are required, for a period of two years from its date of
issue, except for nonpayment of stipulated payments to the
insurer; and at the option of the insurer, such contract may
also except any provisions relative to benefits in the event of
total and permanent disability and any provisions which grant
insurance specifically against death by accident. [1947 c 79
§ .23.16; Rem. Supp. 1947 § 45.23.16.]
48.23.170
48.23.170 Entire contract—Annuities, pure endowments. In such contracts there shall be a provision that the
contract shall constitute the entire contract between the parties, or, if a copy of the application is endorsed upon or
attached to the contract when issued, a provision that the contract and the application therefor shall constitute the entire
contract between the parties. [1947 c 79 § .23.17; Rem.
Supp. 1947 § 45.23.17.]
[Title 48 RCW—page 178]
48.23.190 Dividends—Annuities, pure endowments.
If such contract is participating, there shall be a provision that
the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract. [1947 c 79 § .23.19;
Rem. Supp. 1947 § 45.23.19.]
48.23.190
48.23.200 Nonforfeiture benefits—Annuities, pure
endowments. Such contracts issued after the operative date
of RCW 48.23.360 and individual deferred annuities issued
before the operative date of RCW 48.23.420 through
48.23.520 shall contain:
(1) A provision that in the event of default in any stipulated payment, the insurer will grant a paid-up nonforfeiture
benefit on a plan stipulated in the contract, effective as of
such date, of such value as is hereinafter specified.
(2) A statement of the mortality table and interest rate
used in calculating the paid-up nonforfeiture benefit available
under the contract.
(3) An explanation of the manner in which the paid-up
nonforfeiture benefits are altered by the existence of any
paid-up additions credited to the contract or any indebtedness
to the insurer on the contract. [1982 1st ex.s. c 9 § 34; 1979
c 157 § 3; 1947 c 79 § .23.20; Rem. Supp. 1947 § 45.23.20.]
48.23.200
48.23.210 Reinstatement—Annuities, pure endowments. In such contracts there shall be a provision that the
contract may be reinstated at any time within one year from
the date of default in making stipulated payments to the
insurer, unless the cash surrender value has been paid, but all
overdue stipulated payments and any indebtedness to the
insurer on the contract shall be paid or reinstated, with interest thereon at a rate to be specified in the contract but not
exceeding six percent per annum payable annually, and in
cases where applicable, the insurer may also include a
requirement of evidence of insurability satisfactory to the
insurer. [1947 c 79 § .23.21; Rem. Supp. 1947 § 45.23.21.]
48.23.210
48.23.220 Standard provisions—Reversionary annuities. No contract for a reversionary annuity shall be delivered or issued for delivery in this state unless it contains in
substance each of the provisions specified in RCW 48.23.230
48.23.220
(2008 Ed.)
Life Insurance and Annuities
48.23.300
and 48.23.240. Any of such provisions not applicable to single premium annuities shall not, to that extent, be incorporated therein.
This section shall not apply to group annuities or to
annuities included in life insurance policies. [1947 c 79 §
.23.22; Rem. Supp. 1947 § 45.23.22.]
annuity hereafter delivered or issued for delivery in this state
may be contestable on account of fraud or misrepresentation
of facts material to the reinstatement only for the same period
following reinstatement as the policy provides with respect to
contestability after original issuance. [1947 c 79 § .23.27;
Rem. Supp. 1947 § 45.23.27.]
48.23.230 Sections applicable. Any such reversionary
annuity contract shall contain the provisions specified in
RCW 48.23.150 to 48.23.190, inclusive, except that under
RCW 48.23.150 the insurer may at its option provide for an
equitable reduction of the amount of the annuity payments in
settlement of an overdue or deferred payment in lieu of providing for a deduction of such payments from an amount payable upon a settlement under the contract. [1947 c 79 §
.23.23; Rem. Supp. 1947 § 45.23.23.]
48.23.290 Premium deposits. (1) A life insurer may,
under such policy provisions or agreements as have been
approved by the commissioner consistent with this section,
contract for and accept premium deposits in addition to the
regular premiums specified in the policy, for the purpose of
paying future premiums, or to facilitate conversion of the policy, or to increase the benefits thereof.
(2) The unused accumulation from such deposits shall be
held and accounted for as a premium deposit fund, and the
policy or agreement shall provide for the manner of application of the premium deposit fund to the payment of premiums
otherwise in default and for the disposition of the fund if it is
not sufficient to pay the next premium.
(3) Such fund shall:
(a) Be available upon surrender of the policy, in addition
to the cash surrender value; and
(b) be payable upon the insured’s death or upon maturity
of the policy; and
(c) be paid to the insured whenever the cash surrender
value together with the premium deposit fund equals or
exceeds the amount of insurance provided by the policy,
unless the amount of the deposit does not exceed that which
may be required to facilitate conversion of the policy to
another plan in accordance with its terms.
(4) No part of the premium deposit fund shall be paid to
the insured during the continuance of the policy except at
such times and in such amounts as is specified in the policy or
in the deposit agreement. [1947 c 79 § .23.29; Rem. Supp.
1947 § 45.23.29.]
48.23.230
48.23.240 Reinstatement—Reversionary annuities.
In such reversionary annuity contracts there shall be a provision that the contract may be reinstated at any time within
three years from the date of default in making stipulated payments to the insurer, upon production of evidence of insurability satisfactory to the insurer, and upon condition that all
overdue payments and any indebtedness to the insurer on
account of the contract be paid, or, within the limits permitted
by the then cash values of the contract, reinstated, with interest as to both payments and indebtedness at a rate to be specified in the contract but not exceeding six percent per annum
compounded annually. [1947 c 79 § .23.24; Rem. Supp.
1947 § 45.23.24.]
48.23.240
48.23.250 Supplemental benefits. The commissioner
may make reasonable rules and regulations concerning the
conditions in provisions granting additional benefits in event
of the insured’s accidental death, or in event the insured
becomes totally and permanently disabled, which are a part
of or supplemental to life insurance contracts. [1947 c 79 §
.23.25; Rem. Supp. 1947 § 45.23.25.]
48.23.250
48.23.260 Limitation of liability. (1) The insurer may
in any life insurance policy or annuity or pure endowment
contract limit its liability to a determinable amount not less
than the full reserve of the policy and of dividend additions
thereto in event only of death occurring:
(a) As a result of war, or any act of war, declared or
undeclared, or of service in the military, naval or air forces or
in civilian forces auxiliary thereto, or from any cause while a
member of any such military, naval or air forces of any country at war, declared or undeclared.
(b) As a result of suicide of the insured, whether sane or
insane, within two years from date of issue of the policy.
(c) As a result of aviation under conditions specified in
the policy.
(2) An insurer may specify conditions pertaining to the
items of subsection (1) of this section which in the commissioner’s opinion are more favorable to the policyholder.
[1947 c 79 § .23.26; Rem. Supp. 1947 § 45.23.26.]
48.23.260
48.23.270 Incontestability after reinstatement. The
reinstatement of any policy of life insurance or contract of
48.23.270
(2008 Ed.)
48.23.290
48.23.300 Policy settlements—Interest. Any life
insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with such exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth
in the policy or as agreed to in writing by the insurer and the
policyholder. Upon maturity of a policy in the event the policyholder has made no such agreement, the insurer shall have
the power to hold the proceeds of the policy under an agreement with the beneficiaries. The insurer shall not be required
to segregate funds so held but may hold them as part of its
general assets.
An insurer shall pay interest on death benefits payable
under the terms of a life insurance policy insuring the life of
any person who was a resident of this state at the time of
death. Such interest shall accrue commencing on the date of
death at the rate then paid by the insurer on other withdrawable policy proceeds left with the company, but not less than
eight percent. Benefits payable that have not been tendered to
the beneficiary within ninety days of the receipt of proof of
death shall accrue interest, commencing on the ninety-first
day, at the aforementioned rate plus three percent. This sec48.23.300
[Title 48 RCW—page 179]
48.23.310
Title 48 RCW: Insurance
tion applies to death of insureds that occur on or after September 1, 1985. [1985 c 264 § 23; 1983 1st ex.s. c 32 § 21;
1947 c 79 § .23.30; Rem. Supp. 1947 § 45.23.30.]
48.23.310 Deduction of indebtedness. In determining
the amount due under any life insurance policy heretofore or
hereafter issued, deduction may be made of
(1) any unpaid premiums or installments thereof for the
current policy year due under the terms of the policy, and of
(2) the amount of principal and accrued interest of any
policy loan or other indebtedness against the policy then
remaining unpaid, such principal increased by unpaid interest
and compounded as provided in this chapter. [1947 c 79 §
.23.31; Rem. Supp. 1947 § 45.23.31.]
48.23.310
48.23.320 Miscellaneous proceeds. Upon the death of
the insured and except as is otherwise expressly provided by
the policy or premium deposit agreement, a life insurer may
pay to the surviving spouse, children, beneficiary, or other
person other than the insured’s estate, appearing to the
insurer to be equitably entitled thereto, sums held by it and
comprising:
(1) Premiums paid in advance, and which premiums did
not fall due prior to such death, or funds held on deposit for
the payment of future premiums.
(2) Dividends theretofore declared on the policy and held
by the insurer under the insured’s option.
(3) Dividends becoming payable on or after the death of
the insured. [1947 c 79 § .23.32; Rem. Supp. 1947 §
45.23.32.]
48.23.320
48.23.330 Trafficking in dividend rights. No life
insurer nor any of its representatives, agents, or affiliates,
shall buy, take by assignment other than in connection with
policy loans, or otherwise deal or traffic in any rights to dividends existing under participating life insurance policies
issued by the insurer. [1947 c 79 § .23.33; Rem. Supp. 1947
§ 45.23.33.]
48.23.330
48.23.340 Prohibited policy plans. No life insurer
shall hereafter issue for delivery or deliver in this state any
life insurance policy:
(1) Issued under any plan for the segregation of policyholders into mathematical groups and providing benefits for
a surviving policyholder of a group arising out of the death of
another policyholder of such group, or under any other similar plan.
(2) Providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of
the policies of other policyholders, whether by death or otherwise. [1947 c 79 § .23.34; Rem. Supp. 1947 § 45.23.34.]
48.23.340
48.23.345 Juvenile life insurance—Speculative or
fraudulent purposes. Life insurers shall develop and implement underwriting standards and procedures designed to
detect and prevent the purchase of juvenile life insurance for
speculative or fraudulent purposes. These standards and procedures shall be made available for review by the commissioner.
48.23.345
[Title 48 RCW—page 180]
Life insurers shall maintain records of underwriting
rejections of applications for life insurance on juvenile lives
for a period of ten years. [2001 c 197 § 1.]
Effective date—2001 c 197: "This act takes effect August 1, 2001."
[2001 c 197 § 2.]
48.23.360 Calculation of nonforfeiture benefits
under annuities. (1) Nonforfeiture benefits: Any paid-up
nonforfeiture benefit available under any annuity or pure
endowment contract pursuant to RCW 48.23.200, in the
event of default in a consideration due on any contract anniversary shall be such that its present value as of such anniversary shall be not less than the excess, if any, of the present
value, on such anniversary, of the future guaranteed benefits
(excluding any total disability benefits attached to such contracts) which would have been provided for by the contract
including any existing paid-up additions, if there had been no
default, over the sum of (a) the then present value of the net
consideration defined in subsection (2) of this section corresponding to considerations which would have fallen due on
and after such anniversary, and (b) the amount of any indebtedness to the company on the contract, including interest due
or accrued. In determining the benefits referred to in this section and in calculating the net consideration referred to in
such subsection (2), in the case of annuity contracts under
which an election may be made to have annuity payments
commence at optional dates, the annuity payments shall be
deemed to commence at the latest date permitted by the contract for the commencement of such payments and the considerations shall be deemed to be payable until such date,
which, however, shall not be later than the contract anniversary nearest the annuitant’s seventieth birthday.
(2) Net considerations: The net considerations for any
annuity or pure endowment contract referred to in subsection
(1) of this section shall be calculated on an annual basis, shall
be such that the present value thereof at date of issue of the
annuity shall equal the then present value of the future benefits thereunder (excluding any total disability benefits
attached to such contracts) and shall be not less than the following percentages of the respective considerations specified
in the contracts for the respective contract years:
48.23.360
First year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fifty percent
Second and subsequent years . . . . . . . . . . . . . .ninety percent
PROVIDED, That in the case of participating annuity contracts the percentages hereinbefore specified may be
decreased by five.
(3) Basis of calculation: All net considerations and
present values for such contracts referred to in this section
shall be calculated on the basis of the 1937 Standard Annuity
Mortality Table or, at the option of the insurer, the Annuity
Mortality Table for 1949, Ultimate, or any modification of
either of these tables approved by the commissioner, and the
rate of interest, not exceeding three and one-half percent per
annum, specified in the contract for calculating cash surrender values, if any, and paid-up nonforfeiture benefits; except
that with respect to annuity and pure endowment contracts
issued on or after the operative date of *RCW
48.12.150(3)(b)(ii) for such contracts, such rate of interest
may be as high as four percent per annum: PROVIDED, That
if such rate of interest exceeds three and one-half percent per
(2008 Ed.)
Life Insurance and Annuities
annum, all net considerations and present values for such
contracts referred to in this section shall be calculated on the
1971 Individual Annuity Mortality Table, or any modification of this table approved by the commissioner.
(4) Calculations on default: Any cash surrender value
and any paid-up nonforfeiture benefit, available under any
such contract in the event of default in the payment of any
consideration due at any time other than on the contract anniversary, shall be calculated with allowance for the lapse of
time and the payment of fractional considerations beyond the
last preceding contract anniversary. All values herein
referred to may be calculated upon the assumption that any
death benefit is payable at the end of the contract year of
death.
(5) Deferment of payment: If an insurer provides for the
payment of a cash surrender value, it shall reserve the right to
defer the payment of such value for a period of six months
after demand therefor with surrender of the contract.
(6) Lump sum in lieu: Notwithstanding the requirements
of this section, any deferred annuity contract may provide
that if the annuity allowed under any paid-up nonforfeiture
benefit would be less than one hundred twenty dollars annually, the insurer may at its option grant a cash surrender value
in lieu of such paid-up nonforfeiture benefit of such amount
as may be required by subsection (3) of this section.
(7) Operative date: If no election is made by an insurer
for an operative date prior to July 1, 1948, such date shall be
the operative date for this section. [1973 1st ex.s. c 162 § 6;
1951 c 190 § 1; 1947 c 79 § .23.36; Rem. Supp. 1947 §
45.23.36.]
*Reviser’s note: RCW 48.12.150 was repealed by 1982 1st ex.s. c 9 §
36; later enactment, see chapter 48.74 RCW.
48.23.370 Duties of insurer issuing both participating
and nonparticipating policies—Rules. (1) A life insurer
issuing both participating and nonparticipating policies shall
maintain records which segregate the participating from the
nonparticipating business and clearly show the profits and
losses upon each such category of business.
(2) For the purposes of such accounting the insurer shall
make a reasonable allocation as between the respective such
categories of the expenses of such general operations or functions as are jointly shared. Any allocation of expense as
between the respective categories shall be made upon a reasonable basis, to the end that each category shall bear a just
portion of joint expense involved in the administration of the
business of such category.
(3) No policy hereafter delivered or issued for delivery in
this state shall provide for, and no life insurer or representative shall hereafter knowingly offer or promise payment,
credit or distribution of participating "dividends," "earnings,"
"profits," or "savings," by whatever name called, to participating policies out of such profits, earnings or savings on
nonparticipating policies.
(4) The commissioner may promulgate rules for the purpose of assuring the equitable treatment of all policyholders
so that one group of policyholders shall not support or be supported by another group of policyholders. [1982 c 181 § 13;
1965 ex.s. c 70 § 22.]
48.23.370
Severability—1982 c 181: See note following RCW 48.03.010.
(2008 Ed.)
48.23.420
48.23.380 Return of policy and refund of premium—
Grace period—Notice—Effect. (Effective until July 1,
2009.) Every individual life insurance policy issued after
September 1, 1977, shall have printed on its face or attached
thereto a notice stating in substance that the policy owner
shall be permitted to return the policy within ten days after it
is received by the policy owner and to have the premium paid
refunded if, after examination of the policy, the policy owner
is not satisfied with it for any reason. An additional ten percent penalty shall be added to any premium refund due which
is not paid within thirty days of return of the policy to the
insurer or agent. If a policy owner pursuant to such notice,
returns the policy to the insurer at its home or branch office or
to the agent through whom it was purchased, it shall be void
from the beginning and the parties shall be in the same position as if no policy had been issued.
This section shall not apply to individual life insurance
policies issued in connection with a credit transaction or
issued under a contractual policy change or conversion privilege provision contained in a policy. [1983 1st ex.s. c 32 §
10; 1977 c 60 § 1.]
48.23.380
48.23.380 Return of policy and refund of premium—
Grace period—Notice—Effect. (Effective July 1, 2009.)
(1) Every individual life insurance policy issued after September 1, 1977, shall have printed on its face or attached
thereto a notice stating in substance that the policy owner
shall be permitted to return the policy within ten days after it
is received by the policy owner and to have the premium paid
refunded if, after examination of the policy, the policy owner
is not satisfied with it for any reason. An additional ten percent penalty shall be added to any premium refund due which
is not paid within thirty days of return of the policy to the
insurer or insurance producer. If a policy owner pursuant to
such notice, returns the policy to the insurer at its home or
branch office or to the insurance producer through whom it
was purchased, it shall be void from the beginning and the
parties shall be in the same position as if no policy had been
issued.
(2) This section shall not apply to individual life insurance policies issued in connection with a credit transaction or
issued under a contractual policy change or conversion privilege provision contained in a policy.
(3) No later than January 1, 2010, or when the insurer has
used all of its existing paper individual life insurance policy
forms which were in its possession on July 1, 2009, whichever is earlier, the notice required by subsection (1) of this
section shall use the term insurance producer in place of
agent. [2008 c 217 § 26; 1983 1st ex.s. c 32 § 10; 1977 c 60
§ 1.]
48.23.380
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.23.410 Short title. RCW 48.23.420 through
48.23.520 shall be known as the standard nonforfeiture law
for individual deferred annuities. [1982 1st ex.s. c 9 § 21.]
48.23.410
48.23.420 Inapplicability of enumerated sections to
certain policies. (Effective until July 1, 2009.) RCW
48.23.420 through 48.23.520 do not apply to any reinsurance;
group annuity purchased under a retirement plan or plan of
48.23.420
[Title 48 RCW—page 181]
48.23.420
Title 48 RCW: Insurance
deferred compensation established or maintained by an
employer (including a partnership or sole proprietorship) or
by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue
Code, as now or hereafter amended; premium deposit fund;
variable annuity; investment annuity; immediate annuity; any
deferred annuity contract after annuity payments have commenced; or reversionary annuity; nor to any contract which is
delivered outside this state through an agent or other representative of the company issuing the contract. [1982 1st ex.s.
c 9 § 22.]
48.23.420 Inapplicability of enumerated sections to
certain policies. (Effective July 1, 2009.) RCW 48.23.420
through 48.23.520 do not apply to any reinsurance; group
annuity purchased under a retirement plan or plan of deferred
compensation established or maintained by an employer
(including a partnership or sole proprietorship) or by an
employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement
annuities under Section 408 of the Internal Revenue Code, as
now or hereafter amended; premium deposit fund; variable
annuity; investment annuity; immediate annuity; any
deferred annuity contract after annuity payments have commenced; or reversionary annuity; nor to any contract which is
delivered outside this state through an insurance producer or
other representative of the company issuing the contract.
[2008 c 217 § 27; 1982 1st ex.s. c 9 § 22.]
48.23.420
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.23.430 Paid-up annuity and cash surrender provisions required. In the case of contracts issued on or after the
operative date of this section as defined in RCW 48.23.520,
no contract of annuity, except as stated in RCW 48.23.420,
may be delivered or issued for delivery in this state unless it
contains in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least as favorable to the contract holder, upon
cessation of payment of considerations under the contract:
(1) That upon cessation of payment of considerations
under a contract, or upon the written request of the contract
owner, the company shall grant a paid-up annuity benefit on
a plan stipulated in the contract of such value as is specified
in RCW 48.23.450, 48.23.460, 48.23.470, 48.23.480, and
48.23.500;
(2) If a contract provides for a lump sum settlement at
maturity, or at any other time, that upon surrender of the contract at or before the commencement of any annuity payments, the company shall pay in lieu of any paid-up annuity
benefit a cash surrender benefit of such amount as is specified
in RCW 48.23.450, 48.23.460, 48.23.480, and 48.23.500.
The company may reserve the right to defer the payment of
such cash surrender benefit for a period not to exceed six
months after demand therefor with surrender of the contract
after making written request and receiving written approval
of the commissioner. The request shall address the necessity
and equitability to all policyholders of the deferral;
(3) A statement of the mortality table, if any, and interest
rates used in calculating any minimum paid-up annuity, cash
48.23.430
[Title 48 RCW—page 182]
surrender, or death benefits that are guaranteed under the
contract, together with sufficient information to determine
the amounts of such benefits; and
(4) A statement that any paid-up annuity, cash surrender,
or death benefits that may be available under the contract are
not less than the minimum benefits required by any statute of
the state in which the contract is delivered and an explanation
of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to
the contract, any indebtedness to the company on the contract, or any prior withdrawals from or partial surrenders of
the contract.
Notwithstanding the requirements of this section, any
deferred annuity contract may provide that if no considerations have been received under a contract for a period of two
full years and the portion of the paid-up annuity benefit at
maturity on the plan stipulated in the contract arising from
considerations paid before such period would be less than
twenty dollars monthly, the company may at its option terminate the contract by payment in cash of the then present value
of the portion of the paid-up annuity benefit, calculated on
the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment is relieved of any further obligation
under such contract. [2004 c 91 § 1; 1982 1st ex.s. c 9 § 23.]
Effective date—2004 c 91: "This act takes effect July 1, 2004." [2004
c 91 § 3.]
48.23.440 Minimum nonforfeiture amounts. The
minimum values as specified in RCW 48.23.450, 48.23.460,
48.23.470, 48.23.480, and 48.23.500 of any paid-up annuity,
cash surrender, or death benefits available under an annuity
contract shall be based upon minimum nonforfeiture amounts
as defined in this section.
(1) The minimum nonforfeiture amount at any time at or
prior to the commencement of any annuity payments is equal
to an accumulation up to such time at rates of interest as indicated in subsection (2) of this section of the net considerations, as defined in this subsection, paid prior to such time,
decreased by the sum of the following:
(a) Any prior withdrawals from or partial surrenders of
the contract accumulated at rates of interest as indicated in
subsection (2) of this section;
(b) An annual contract charge of fifty dollars, accumulated at rates of interest as indicated in subsection (2) of this
section;
(c) Any premium tax paid by the insurer for the contract,
accumulated at rates of interest as indicated in subsection (2)
of this section; and
(d) The amount of any indebtedness to the company on
the contract, including interest due and accrued.
The net considerations for a given contract year used to
define the minimum nonforfeiture amount shall be an amount
equal to eighty-seven and one-half percent of the gross considerations credited to the contract during that contract year.
(2) The interest rate used in determining minimum nonforfeiture amounts shall be an annual rate of interest determined as the lesser of three percent per annum and the following, which shall be specified in the contract if the interest
rate will be reset:
48.23.440
(2008 Ed.)
Life Insurance and Annuities
(a) The five-year constant maturity treasury rate reported
by the federal reserve as of a date certain, or averaged over a
period, rounded to the nearest one-twentieth of one percent,
specified in the contract no longer than fifteen months prior
to the contract issue date or redetermination date under (d) of
this subsection;
(b) Reduced by one hundred twenty-five basis points;
(c) Where the resulting interest rate is not less than one
percent; and
(d) The interest rate shall apply to an initial period and
may be redetermined for additional periods. The redetermination date, basis, and period, if any, shall be stated in the
contract. The basis is the date or average over a specified
period that produces the value of the five-year constant maturity treasury rate to be used at each redetermination date.
(3) During the period or term that a contract provides
substantive participation in an equity indexed benefit, it may
increase the reduction described in subsection (2)(b) of this
section by up to an additional one hundred basis points to
reflect the value of the equity index benefit. The present
value at the contract issue date, and at each redetermination
date thereafter, of the additional reduction may not exceed
the market value of the benefit. The commissioner may
require a demonstration that the present value of the additional reduction does not exceed the market value of the benefit. If a demonstration is not acceptable to the commissioner, the commissioner may disallow or limit the additional
reduction.
(4) The commissioner may adopt rules to implement
subsection (3) of this section and to provide for further
adjustments to the calculation of minimum nonforfeiture
amounts for contracts that provide substantive participation
in an equity index benefit and for other policies that the commissioner determines justify an adjustment.
(5) Before January 1, 2006, an insurer may issue an
annuity policy under this section as in effect on December 31,
2003; or issue an annuity policy under this section as in effect
on July 1, 2004. On or after January 1, 2006, an insurer must
issue an annuity policy under this section as in effect on or
after July 1, 2004. [2004 c 91 § 2; 1982 1st ex.s. c 9 § 24.]
Effective date—2004 c 91: See note following RCW 48.23.430.
48.23.450 Minimum present value of paid-up annuity benefit. Any paid-up annuity benefit available under a
contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Such present value
shall be computed using the mortality table, if any, and the
interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.
[1982 1st ex.s. c 9 § 25.]
48.23.450
48.23.460 Minimum cash surrender benefits—Death
benefit. For contracts which provide cash surrender benefits,
such cash surrender benefits available before maturity shall
not be less than the present value as of the date of surrender
of that portion of the maturity value of the paid-up annuity
benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash
surrender reduced by the amount appropriate to reflect any
48.23.460
(2008 Ed.)
48.23.500
prior withdrawals from or partial surrenders of the contract,
such present value being calculated on the basis of an interest
rate not more than one percent higher than the interest rate
specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the
amount of any indebtedness to the company on the contract,
including interest due and accrued, and increased by any
existing additional amounts credited by the company to the
contract. In no event may any cash surrender benefit be less
than the minimum nonforfeiture amount at that time. The
death benefit under such contracts shall be at least equal to
the cash surrender benefit. [1982 1st ex.s. c 9 § 26.]
48.23.470 Contracts without cash surrender, death
benefits—Minimum present value of paid-up annuity
benefits. For contracts which do not provide cash surrender
benefits, the present value of any paid-up annuity benefit
available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of
the maturity value of the paid-up annuity benefit provided
under the contract arising from considerations paid before the
time the contract is surrendered in exchange for, or changed
to, a deferred paid-up annuity, such present value being calculated for the period prior to the maturity date on the basis of
the interest rate specified in the contract for accumulating the
net considerations to determine such maturity value, and
increased by any existing additional amounts credited by the
company to the contract. For contracts which do not provide
any death benefits prior to the commencement of any annuity
payments, such present values shall be calculated on the basis
of such interest rate and the mortality table specified in the
contract for determining the maturity value of the paid-up
annuity benefit. However, in no event may the present value
of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time. [1982 1st ex.s. c 9 § 27.]
48.23.470
48.23.480 Optional maturity dates. For the purpose of
determining the benefits calculated under RCW 48.23.460
and 48.23.470, in the case of annuity contracts under which
an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be
deemed to be the latest date for which election is permitted by
the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant’s seventieth birthday or the tenth anniversary of the contract, whichever is later. [1982 1st ex.s. c 9 § 28.]
48.23.480
48.23.490 Statement required in contract without
cash surrender or death benefits. Any contract which does
not provide cash surrender benefits or does not provide death
benefits at least equal to the minimum nonforfeiture amount
prior to the commencement of any annuity payments shall
include a statement in a prominent place in the contract that
such benefits are not provided. [1982 1st ex.s. c 9 § 29.]
48.23.490
48.23.500 Calculation of benefits available other
than on contract anniversary. Any paid-up annuity, cash
surrender, or death benefits available at any time, other than
on the contract anniversary under any contract with fixed
scheduled considerations, shall be calculated with allowance
48.23.500
[Title 48 RCW—page 183]
48.23.510
Title 48 RCW: Insurance
for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in
which cessation of payment of considerations under the contract occurs. [1982 1st ex.s. c 9 § 30.]
48.23.510 Additional benefits. For any contract which
provides, within the same contract by rider or supplemental
contract provision, both annuity benefits and life insurance
benefits that are in excess of the greater of cash surrender
benefits or a return of the gross considerations with interest,
the minimum nonforfeiture benefits shall be equal to the sum
of the minimum nonforfeiture benefits for the annuity portion
and the minimum nonforfeiture benefits, if any, for the life
insurance portion computed as if each portion were a separate
contract. Notwithstanding the provisions of RCW 48.23.450,
48.23.460, 48.23.470, 48.23.480, and 48.23.500, additional
benefits payable (1) in the event of total and permanent disability, (2) as reversionary annuity or deferred reversionary
annuity benefits, or (3) as other policy benefits additional to
life insurance, endowment, and annuity benefits, and considerations for all such additional benefits, shall be disregarded
in ascertaining the minimum nonforfeiture amounts, paid-up
annuity, or cash surrender and death benefits that may be
required by RCW 48.23.410 through 48.23.520. The inclusion of such additional benefits shall not be required in any
paid-up benefits, unless such additional benefits separately
would require minimum nonforfeiture amounts, paid-up
annuity, or cash surrender and death benefits. [1982 1st ex.s.
c 9 § 31.]
48.23.510
48.23.520 Operative date of RCW 48.23.410 through
48.23.520. After July 10, 1982, any company may file with
the commissioner a written notice of its election to comply
with the provisions of RCW 48.23.410 through 48.23.520
after a specified date before the second anniversary of July
10, 1982. After the filing of such notice, then upon such specified date, which shall be the operative date of RCW
48.23.410 through 48.23.520 for such company, RCW
48.23.410 through 48.23.520 shall become operative with
respect to annuity contracts thereafter issued by such company. If a company makes no such election, the operative
date of RCW 48.23.410 through 48.23.520 for such company
shall be the second anniversary of July 10, 1982. [1982 1st
ex.s. c 9 § 32.]
48.23.520
Chapter 48.23A RCW
LIFE INSURANCE POLICY ILLUSTRATIONS
Chapter 48.23A
Sections
48.23A.005
48.23A.010
48.23A.015
48.23A.020
48.23A.030
48.23A.040
48.23A.050
48.23A.060
Purpose—Standards for life insurance policy illustrations.
Scope of chapter—Exceptions.
Definitions.
Marketing with or without an illustration—Notice to commissioner—Conditions—Availability.
Illustration used in sale—Label—Required basic information—Prohibitions—Use of interest rate.
Basic illustration—Conforming requirements—Brief descriptions—Numeric summaries—Required statements.
Supplemental illustration—Conditions for use—Reference to
basic illustration.
Illustration used or not used during sale—Signed copy of illustration or acknowledgment of no use—Computer screen—
Retained copies.
[Title 48 RCW—page 184]
48.23A.070 Policy designated for use of illustrations—Annual report—
Required information—In-force illustrations—Notice of
adverse changes.
48.23A.080 Illustration actuaries—Conditions for appointment—Duties—
Certifications—Disclosures to commissioner.
48.23A.090 Violations—RCW 48.30.010(1).
48.23A.900 Severability—1997 c 313.
48.23A.901 Effective date—Application—1997 c 313.
48.23A.005 Purpose—Standards for life insurance
policy illustrations. The purpose of this chapter is to provide standards for life insurance policy illustrations that will
protect consumers and foster consumer education by providing illustration formats, prescribing standards to be followed
when illustrations are used, and specifying the disclosures
that are required in connection with illustrations. The goals of
these standards are to ensure that illustrations do not mislead
purchasers of life insurance and to make illustrations more
understandable. Insurers will, as far as possible, eliminate the
use of footnotes and caveates and define terms used in the
illustration in language that would be understood by a typical
person within the segment of the public to which the illustration is directed. [1997 c 313 § 1.]
48.23A.005
48.23A.010 Scope of chapter—Exceptions. This
chapter applies to all group and individual life insurance policies and certificates except:
(1) Variable life insurance;
(2) Individual and group annuity contracts;
(3) Credit life insurance; or
(4) Life insurance policies with no illustrated death benefits on any individual exceeding ten thousand dollars. [1997
c 313 § 2.]
48.23A.010
48.23A.015 Definitions. The definitions in this section
apply throughout this chapter unless the context requires otherwise.
(1) "Actuarial standards board" means the board established by the American academy of actuaries to develop and
adopt standards of actuarial practice.
(2) "Contract premium" means the gross premium that is
required to be paid under a fixed premium policy, including
the premium for a rider for which benefits are shown in the
illustration.
(3) "Currently payable scale" means a scale of nonguaranteed elements in effect for a policy form as of the preparation date of the illustration or declared to become effective
within the next ninety-five days.
(4) "Disciplined current scale" means a scale of nonguaranteed elements constituting a limit on illustrations currently
being illustrated by an insurer that is reasonably based on
actual recent historical experience, as certified annually by an
illustration actuary designated by the insurer. Further guidance in determining the disciplined current scale as contained
in standards established by the actuarial standards board may
be relied upon if the standards:
(a) Are consistent with all provisions of this chapter;
(b) Limit a disciplined current scale to reflect only
actions that have already been taken or events that have
already occurred;
(c) Do not permit a disciplined current scale to include
any projected trends of improvements in experience or any
48.23A.015
(2008 Ed.)
Life Insurance Policy Illustrations
assumed improvements in experience beyond the illustration
date; and
(d) Do not permit assumed expenses to be less than minimum assumed expenses.
(5) "Generic name" means a short title descriptive of the
policy being illustrated, such as whole life, term life, or flexible premium adjustable life.
(6) "Guaranteed elements" means the premiums, benefits, values, credits, or charges under a policy of life insurance that are guaranteed and determined at issue.
(7) "Nonguaranteed elements" means the premiums,
benefits, values, credits, or charges under a policy of life
insurance that are not guaranteed or not determined at issue.
(8) "Illustrated scale" means a scale of nonguaranteed
elements currently being illustrated that is not more favorable
to the policy owner than the lesser of:
(a) The disciplined current scale; or
(b) The currently payable scale.
(9) "Illustration" means a presentation or depiction that
includes nonguaranteed elements of a policy of life insurance
over a period of years and that is one of the three types
defined below:
(a) "Basic illustration" means a ledger or proposal used
in the sale of a life insurance policy that shows both guaranteed and nonguaranteed elements.
(b) "Supplemental illustration" means an illustration furnished in addition to a basic illustration that meets the applicable requirements of this chapter, and that may be presented
in a format differing from the basic illustration, but may only
depict a scale of nonguaranteed elements that is permitted in
a basic illustration.
(c) "In-force illustration" means an illustration furnished
at any time after the policy that it depicts has been in force for
one year or more.
(10) "Illustration actuary" means an actuary meeting the
requirements of RCW 48.23A.080 who certifies to illustrations based on the standard of practice adopted by the actuarial standards board.
(11) "Lapse-supported illustration" means an illustration
of a policy form failing the test of self-supporting, as defined
in this section, under a modified persistency rate assumption
using persistency rates underlying the disciplined current
scale for the first five years and one hundred percent policy
persistency thereafter.
(a) "Minimum assumed expenses" means the minimum
expenses that may be used in the calculation of the disciplined current scale for a policy form. The insurer may
choose to designate each year the method of determining
assumed expenses for all policy forms from the following:
(i) Fully allocated expenses;
(ii) Marginal expenses; and
(iii) A generally recognized expense table based on fully
allocated expenses representing a significant portion of insurance companies and approved by the national association of
insurance commissioners.
(b) Marginal expenses may be used only if greater than a
generally recognized expense table. If no generally recognized expense table is approved, fully allocated expenses
must be used.
(2008 Ed.)
48.23A.020
(12) "Nonterm group life" means a group policy or individual policies of life insurance issued to members of an
employer group or other permitted group where:
(a) Every plan of coverage was selected by the employer
or other group representative;
(b) Some portion of the premium is paid by the group or
through payroll deduction; and
(c) Group underwriting or simplified underwriting is
used.
(13) "Policy owner" means the owner named in the policy or the certificate holder in the case of a group policy.
(14) "Premium outlay" means the amount of premium
assumed to be paid by the policy owner or other premium
payer out-of-pocket.
(15) "Self-supporting illustration" means an illustration
of a policy form for which it can be demonstrated that, when
using experience assumptions underlying the disciplined current scale, for all illustrated points in time on or after the fifteenth policy anniversary or the twentieth policy anniversary
for second-or-later-to-die policies, or upon policy expiration
if sooner, the accumulated value of all policy cash flows
equals or exceeds the total policy owner value available. For
this purpose, policy owner value will include cash surrender
values and any other illustrated benefit amounts available at
the policy owner’s election. [1997 c 313 § 3.]
48.23A.020 Marketing with or without an illustration—Notice to commissioner—Conditions—Availability. (1) Each insurer marketing policies to which this chapter
is applicable shall notify the commissioner whether a policy
form is to be marketed with or without an illustration. For all
policy forms being actively marketed on January 1, 1998, the
insurer shall identify in writing those forms and whether or
not an illustration will be used with them. For policy forms
filed after January 1, 1998, the identification shall be made at
the time of filing. Any previous identification may be
changed by notice to the commissioner.
(2) If the insurer identifies a policy form as one to be
marketed without an illustration, any use of an illustration for
any policy using that form prior to the first policy anniversary
is prohibited.
(3) If a policy form is identified by the insurer as one to
be marketed with an illustration, a basic illustration prepared
and delivered in accordance with this chapter is required,
except that a basic illustration need not be provided to individual members of a group or to individuals insured under
multiple lives coverage issued to a single applicant unless the
coverage is marketed to these individuals. The illustration
furnished an applicant for a group life insurance policy or
policies issued to a single applicant on multiple lives may be
either an individual or composite illustration representative
of the coverage on the lives of members of the group or the
multiple lives covered.
(4) Potential enrollees of nonterm group life subject to
this chapter shall be furnished a quotation with the enrollment materials. The quotation shall show potential policy
values for sample ages and policy years on a guaranteed and
nonguaranteed basis appropriate to the group and the coverage. This quotation is not considered an illustration for purposes of this chapter, but all information provided shall be
consistent with the illustrated scale. A basic illustration shall
48.23A.020
[Title 48 RCW—page 185]
48.23A.030
Title 48 RCW: Insurance
be provided at delivery of the certificate to enrollees for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit protection. In
addition, the insurer shall make a basic illustration available
to any nonterm group life enrollee who requests it. [1997 c
313 § 4.]
48.23A.030 Illustration used in sale—Label—
Required basic information—Prohibitions—Use of interest rate. (1) An illustration used in the sale of a life insurance
policy shall satisfy the applicable requirements of this chapter, be clearly labeled "life insurance illustration," and contain the following basic information:
(a) Name of insurer;
(b) Name and business address of producer or insurer’s
authorized representative, if any;
(c) Name, age, and sex of proposed insured, except
where a composite illustration is permitted under this chapter;
(d) Underwriting or rating classification upon which the
illustration is based;
(e) Generic name of policy, the company product name,
if different, and form number;
(f) Initial death benefit; and
(g) Dividend option election or application of nonguaranteed elements, if applicable.
(2) When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized
representatives shall not:
(a) Represent the policy as anything other than life insurance policy;
(b) Use or describe nonguaranteed elements in a manner
that is misleading or has the capacity or tendency to mislead;
(c) State or imply that the payment or amount of nonguaranteed elements is guaranteed;
(d) Use an illustration that does not comply with the
requirements of this chapter;
(e) Use an illustration that at any policy duration depicts
policy performance more favorable to the policy owner than
that produced by the illustrated scale of the insurer whose
policy is being illustrated;
(f) Provide an applicant with an incomplete illustration;
(g) Represent in any way that premium payments will
not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;
(h) Use the term "vanish" or "vanishing premium," or a
similar term that implies the policy becomes paid up, to
describe a plan for using nonguaranteed elements to pay a
portion of future premiums;
(i) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or
(j) Use an illustration that is not "self-supporting."
(3) If an interest rate used to determine the illustrated
nonguaranteed elements is shown, it shall not be greater than
the earned interest rate underlying the disciplined current
scale. [1997 c 313 § 5.]
48.23A.030
48.23A.040 Basic illustration—Conforming requirements—Brief descriptions—Numeric summaries—
Required statements. (Effective until July 1, 2009.) (1) A
48.23A.040
[Title 48 RCW—page 186]
basic illustration shall conform with the following requirements:
(a) The illustration shall be labeled with the date on
which it was prepared.
(b) Each page, including any explanatory notes or pages,
shall be numbered and show its relationship to the total number of pages in the illustration (for example, the fourth page
of a seven-page illustration shall be labeled "page 4 of 7
pages").
(c) The assumed dates of payment receipt and benefit
payout within a policy year shall be clearly identified.
(d) If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the numbers of years the policy is assumed to have been in force.
(e) The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do
not require a specific contract premium, the illustrated payments shall be identified as premium outlay.
(f) Guaranteed death benefits and values available upon
surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed.
(g) If the illustration shows any nonguaranteed elements,
they cannot be based on a scale more favorable to the policy
owner than the insurer’s illustrated scale at any duration.
These elements shall be clearly labeled nonguaranteed.
(h) The guaranteed elements, if any, shall be shown
before corresponding nonguaranteed elements and shall be
specifically referred to on any page of an illustration that
shows or describes only the nonguaranteed elements (for
example, "see page one for guaranteed elements").
(i) The account or accumulation value of a policy, if
shown, shall be identified by the name this value is given in
the policy being illustrated and shown in close proximity to
the corresponding value available upon surrender.
(j) The value available upon surrender shall be identified
by the name this value is given in the policy being illustrated
and shall be the amount available to the policy owner in a
lump sum after deduction of surrender charges, policy loans,
and policy loan interest, as applicable.
(k) Illustrations may show policy benefits and values in
graphic or chart form in addition to the tabular form.
(l) Any illustration of nonguaranteed elements shall be
accompanied by a statement indicating that:
(i) The benefits and values are not guaranteed;
(ii) The assumptions on which they are based are subject
to change by the insurer; and
(iii) Actual results may be more or less favorable.
(m) If the illustration shows that the premium payer may
have the option to allow policy charges to be paid using nonguaranteed values, the illustration must clearly disclose that a
charge continues to be required and that, depending on actual
results, the premium payer may need to continue or resume
premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the
contract premium. If a contract premium is due, the premium
outlay display shall not be left blank or show zero unless
accompanied by an asterisk or similar mark to draw attention
to the fact that the policy is not paid up.
(n) If the applicant plans to use dividends or policy values, guaranteed or nonguaranteed, to pay all or a portion of
(2008 Ed.)
Life Insurance Policy Illustrations
the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact
on future policy benefits and values.
(2) A basic illustration shall include the following:
(a) A brief description of the policy being illustrated,
including a statement that it is a life insurance policy;
(b) A brief description of the premium outlay or contract
premium, as applicable, for the policy. For a policy that does
not require payment of a specific contract premium, the illustration shall show the premium outlay that must be paid to
guarantee coverage for the term of the contract, subject to
maximum premiums allowable to qualify as a life insurance
policy under the applicable provisions of the internal revenue
code;
(c) A brief description of any policy features, riders, or
options, guaranteed or nonguaranteed, shown in the basic
illustration and the impact they may have on the benefits and
values of the policy;
(d) Identification and a brief definition of column headings and key terms used in the illustration; and
(e) A statement containing in substance the following:
"This illustration assumes that the currently illustrated, nonguaranteed elements will continue unchanged for all years
shown. This is not likely to occur, and actual results may be
more or less favorable than those shown."
(3)(a) Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits
and values and the premium outlay and contract premium, as
applicable. For a policy that provides for a contract premium,
the guaranteed death benefits and values shall be based on the
contract premium. This summary shall be shown for at least
policy years five, ten, and twenty and at age seventy, if applicable, on the three bases shown below. For multiple life policies the summary shall show policy years five, ten, twenty,
and thirty.
(i) Policy guarantees;
(ii) Insurer’s illustrated scale;
(iii) Insurer’s illustrated scale used but with the nonguaranteed elements reduced as follows:
(A) Dividends at fifty percent of the dividends contained
in the illustrated scale used;
(B) Nonguaranteed credited interest at rates that are the
average of the guaranteed rates and the rates contained in the
illustrated scale used; and
(C) All nonguaranteed charges, including but not limited
to, term insurance charges and mortality and expense
charges, at rates that are the average of the guaranteed rates
and the rates contained in the illustrated scale used.
(b) In addition, if coverage would cease prior to policy
maturity or age one hundred, the year in which coverage
ceases shall be identified for each of the three bases.
(4) Statements substantially similar to the following
shall be included on the same page as the numeric summary
and signed by the applicant, or the policy owner in the case of
an illustration provided at time of delivery, as required in this
chapter.
(a) A statement to be signed and dated by the applicant or
policy owner reading as follows: "I have received a copy of
this illustration and understand that any nonguaranteed elements illustrated are subject to change and could be either
(2008 Ed.)
48.23A.040
higher or lower. The agent has told me they are not guaranteed."
(b) A statement to be signed and dated by the insurance
producer or other authorized representative of the insurer
reading as follows: "I certify that this illustration has been
presented to the applicant and that I have explained that any
nonguaranteed elements illustrated are subject to change. I
have made no statements that are inconsistent with the illustration."
(5)(a) A basic illustration shall include the following for
at least each policy year from one to ten and for every fifth
policy year thereafter ending at age one hundred, policy
maturity, or final expiration; and except for term insurance
beyond the twentieth year, for any year in which the premium
outlay and contract premium, if applicable, is to change:
(i) The premium outlay and mode the applicant plans to
pay and the contract premium, as applicable;
(ii) The corresponding guaranteed death benefit, as provided in the policy; and
(iii) The corresponding guaranteed value available upon
surrender, as provided in the policy.
(b) For a policy that provides for a contract premium, the
guaranteed death benefit and value available upon surrender
shall correspond to the contract premium.
(c) Nonguaranteed elements may be shown if described
in the contract. In the case of an illustration for a policy on
which the insurer intends to credit terminal dividends, they
may be shown if the insurer’s current practice is to pay terminal dividends. If any nonguaranteed elements are shown, they
must be shown at the same durations as the corresponding
guaranteed elements, if any. If no guaranteed benefit or value
is available at any duration for which a nonguaranteed benefit
or value is shown, a zero shall be displayed in the guaranteed
column. [1997 c 313 § 6.]
48.23A.040 Basic illustration—Conforming requirements—Brief descriptions—Numeric summaries—
Required statements. (Effective July 1, 2009.) (1) A basic
illustration shall conform with the following requirements:
(a) The illustration shall be labeled with the date on
which it was prepared.
(b) Each page, including any explanatory notes or pages,
shall be numbered and show its relationship to the total number of pages in the illustration (for example, the fourth page
of a seven-page illustration shall be labeled "page 4 of 7
pages").
(c) The assumed dates of payment receipt and benefit
payout within a policy year shall be clearly identified.
(d) If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the numbers of years the policy is assumed to have been in force.
(e) The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do
not require a specific contract premium, the illustrated payments shall be identified as premium outlay.
(f) Guaranteed death benefits and values available upon
surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed.
(g) If the illustration shows any nonguaranteed elements,
they cannot be based on a scale more favorable to the policy
48.23A.040
[Title 48 RCW—page 187]
48.23A.040
Title 48 RCW: Insurance
owner than the insurer’s illustrated scale at any duration.
These elements shall be clearly labeled nonguaranteed.
(h) The guaranteed elements, if any, shall be shown
before corresponding nonguaranteed elements and shall be
specifically referred to on any page of an illustration that
shows or describes only the nonguaranteed elements (for
example, "see page one for guaranteed elements").
(i) The account or accumulation value of a policy, if
shown, shall be identified by the name this value is given in
the policy being illustrated and shown in close proximity to
the corresponding value available upon surrender.
(j) The value available upon surrender shall be identified
by the name this value is given in the policy being illustrated
and shall be the amount available to the policy owner in a
lump sum after deduction of surrender charges, policy loans,
and policy loan interest, as applicable.
(k) Illustrations may show policy benefits and values in
graphic or chart form in addition to the tabular form.
(l) Any illustration of nonguaranteed elements shall be
accompanied by a statement indicating that:
(i) The benefits and values are not guaranteed;
(ii) The assumptions on which they are based are subject
to change by the insurer; and
(iii) Actual results may be more or less favorable.
(m) If the illustration shows that the premium payer may
have the option to allow policy charges to be paid using nonguaranteed values, the illustration must clearly disclose that a
charge continues to be required and that, depending on actual
results, the premium payer may need to continue or resume
premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the
contract premium. If a contract premium is due, the premium
outlay display shall not be left blank or show zero unless
accompanied by an asterisk or similar mark to draw attention
to the fact that the policy is not paid up.
(n) If the applicant plans to use dividends or policy values, guaranteed or nonguaranteed, to pay all or a portion of
the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact
on future policy benefits and values.
(2) A basic illustration shall include the following:
(a) A brief description of the policy being illustrated,
including a statement that it is a life insurance policy;
(b) A brief description of the premium outlay or contract
premium, as applicable, for the policy. For a policy that does
not require payment of a specific contract premium, the illustration shall show the premium outlay that must be paid to
guarantee coverage for the term of the contract, subject to
maximum premiums allowable to qualify as a life insurance
policy under the applicable provisions of the internal revenue
code;
(c) A brief description of any policy features, riders, or
options, guaranteed or nonguaranteed, shown in the basic
illustration and the impact they may have on the benefits and
values of the policy;
(d) Identification and a brief definition of column headings and key terms used in the illustration; and
(e) A statement containing in substance the following:
"This illustration assumes that the currently illustrated, nonguaranteed elements will continue unchanged for all years
[Title 48 RCW—page 188]
shown. This is not likely to occur, and actual results may be
more or less favorable than those shown."
(3)(a) Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits
and values and the premium outlay and contract premium, as
applicable. For a policy that provides for a contract premium,
the guaranteed death benefits and values shall be based on the
contract premium. This summary shall be shown for at least
policy years five, ten, and twenty and at age seventy, if applicable, on the three bases shown below. For multiple life policies the summary shall show policy years five, ten, twenty,
and thirty.
(i) Policy guarantees;
(ii) Insurer’s illustrated scale;
(iii) Insurer’s illustrated scale used but with the nonguaranteed elements reduced as follows:
(A) Dividends at fifty percent of the dividends contained
in the illustrated scale used;
(B) Nonguaranteed credited interest at rates that are the
average of the guaranteed rates and the rates contained in the
illustrated scale used; and
(C) All nonguaranteed charges, including but not limited
to, term insurance charges and mortality and expense
charges, at rates that are the average of the guaranteed rates
and the rates contained in the illustrated scale used.
(b) In addition, if coverage would cease prior to policy
maturity or age one hundred, the year in which coverage
ceases shall be identified for each of the three bases.
(4) Statements substantially similar to the following
shall be included on the same page as the numeric summary
and signed by the applicant, or the policy owner in the case of
an illustration provided at time of delivery, as required in this
chapter.
(a) A statement to be signed and dated by the applicant or
policy owner reading as follows: "I have received a copy of
this illustration and understand that any nonguaranteed elements illustrated are subject to change and could be either
higher or lower. The insurance producer has told me they are
not guaranteed."
(b) A statement to be signed and dated by the insurance
producer or other authorized representative of the insurer
reading as follows: "I certify that this illustration has been
presented to the applicant and that I have explained that any
nonguaranteed elements illustrated are subject to change. I
have made no statements that are inconsistent with the illustration."
(5)(a) A basic illustration shall include the following for
at least each policy year from one to ten and for every fifth
policy year thereafter ending at age one hundred, policy
maturity, or final expiration; and except for term insurance
beyond the twentieth year, for any year in which the premium
outlay and contract premium, if applicable, is to change:
(i) The premium outlay and mode the applicant plans to
pay and the contract premium, as applicable;
(ii) The corresponding guaranteed death benefit, as provided in the policy; and
(iii) The corresponding guaranteed value available upon
surrender, as provided in the policy.
(b) For a policy that provides for a contract premium, the
guaranteed death benefit and value available upon surrender
shall correspond to the contract premium.
(2008 Ed.)
Life Insurance Policy Illustrations
(c) Nonguaranteed elements may be shown if described
in the contract. In the case of an illustration for a policy on
which the insurer intends to credit terminal dividends, they
may be shown if the insurer’s current practice is to pay terminal dividends. If any nonguaranteed elements are shown,
they must be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or
value is available at any duration for which a nonguaranteed
benefit or value is shown, a zero shall be displayed in the
guaranteed column. [2008 c 217 § 28; 1997 c 313 § 6.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.23A.050 Supplemental illustration—Conditions
for use—Reference to basic illustration. (1) A supplemental illustration may be provided so long as:
(a) It is appended to, accompanied by, or preceded by a
basic illustration that complies with this chapter;
(b) The nonguaranteed elements shown are not more
favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration;
(c) It contains the same statement required of a basic
illustration that nonguaranteed elements are not guaranteed;
and
(d) For a policy that has a contract premium, the contract
premium underlying the supplemental illustration is equal to
the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium
outlay underlying the supplemental illustration shall be equal
to the premium outlay shown in the basic illustration.
(2) The supplemental illustration shall include a notice
referring to the basic illustration for guaranteed elements and
other important information. [1997 c 313 § 7.]
48.23A.050
48.23A.060 Illustration used or not used during
sale—Signed copy of illustration or acknowledgment of
no use—Computer screen—Retained copies. (1)(a) If a
basic illustration is used by an insurance producer or other
authorized representative of the insurer in the sale of a life
insurance policy and the policy is applied for as illustrated, a
copy of that illustration, signed in accordance with this chapter, shall be submitted to the insurer at the time of policy
application. A copy shall also be provided to the applicant.
(b) If the policy is issued other than as applied for, a
revised basic illustration conforming to the policy as issued
shall be sent with the policy. The revised illustration shall
conform to the requirements of this chapter, be labeled
"revised illustration," and be signed and dated by the applicant or policy owner and producer or other authorized representative of the insurer no later than the time the policy is
delivered. A copy shall be provided to the insurer and the policy owner.
(2)(a) If no illustration is used by an insurance producer
or other authorized representative in the sale of a life insurance policy, or if the policy is applied for other than as illustrated, the producer or representative shall certify to that
effect in writing on a form provided by the insurer. On the
same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and
shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no
48.23A.060
(2008 Ed.)
48.23A.070
later than at the time of policy delivery. This form shall be
submitted to the insurer at the time of policy application.
(b) If the policy is issued, a basic illustration conforming
to the policy as issued shall be sent with the policy and signed
no later than the time the policy is delivered. A copy shall be
provided to the insurer and the policy owner.
(3)(a) Where a computer screen illustration is used that
cannot be printed out during use, the producer shall certify in
writing on a form provided by the insurer that a computer
screen illustration was displayed. Such form shall require the
producer to provide, as applicable, the generic name of the
policy and any riders illustrated, the guaranteed and nonguaranteed interest rates illustrated, the number of policy years
illustrated, the initial death benefit, the premium amount
illustrated, and the assumed number of years of premiums.
On the same form the applicant shall acknowledge that an
illustration matching that which was displayed on the computer screen will be provided no later than the time of policy
delivery. A copy of this signed form shall be provided to the
applicant at the time it is signed.
(b) If the policy is issued, a basic illustration conforming
to the policy as issued shall be sent with the policy and signed
by the policy owner no later than the time the policy is delivered. A copy shall be provided to the policy owner and
retained by the insurer.
(c) If a computer screen illustration is used that can be
printed during use, a copy of that illustration, signed in accordance with this chapter, shall be submitted to the insurer at
the time of policy application. A copy shall also be provided
to the applicant.
(d) If the basic illustration or revised illustration is sent
to the applicant or policy owner by mail from the insurer, it
shall include instructions for the applicant or policy owner to
sign the duplicate copy of the numeric summary page of the
illustration for the policy issued and return the signed copy to
the insurer. The insurer’s obligation under this subsection is
satisfied if it can demonstrate that it has made a diligent effort
to secure a signed copy of the numeric summary page. The
requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed,
postage prepaid envelope with instructions for the return of
the signed numeric summary page.
(4) A copy of the basic illustration and a revised basic
illustration, if any, signed as applicable, along with any certification that either no illustration was used or that the policy
was applied for other than as illustrated, shall be retained by
the insurer until three years after the policy is no longer in
force. A copy need not be retained if no policy is issued.
[1997 c 313 § 8.]
48.23A.070 Policy designated for use of illustrations—Annual report—Required information—In-force
illustrations—Notice of adverse changes. (Effective until
July 1, 2009.) (1) In the case of a policy designated as one
for which illustrations will be used, the insurer shall provide
each policy owner with an annual report on the status of the
policy that shall contain at least the following information:
(a) For universal life policies, the report shall include the
following:
(i) The beginning and end date of the current report
period;
48.23A.070
[Title 48 RCW—page 189]
48.23A.070
Title 48 RCW: Insurance
(ii) The policy value at the end of the previous report
period and at the end of the current report period;
(iii) The total amounts that have been credited or debited
to the policy value during the current report period, identifying each type, such as interest, mortality, expense, and riders;
(iv) The current death benefit at the end of the current
report period on each life covered by the policy;
(v) The net cash surrender value of the policy as of the
end of the current report period;
(vi) The amount of outstanding loans, if any, as of the
end of the current report period; and
(vii) For fixed premium policies: If, assuming guaranteed interest, mortality, and expense loads and continued
scheduled premium payments, the policy’s net cash surrender
value is such that it would not maintain insurance in force
until the end of the next reporting period, a notice to this
effect shall be included in the report; or
(viii) For flexible premium policies: If, assuming guaranteed interest, mortality, and expense loads, the policy’s net
cash surrender value will not maintain insurance in force
until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be
included in the report.
(b) For all other policies, where applicable:
(i) Current death benefit;
(ii) Annual contract premium;
(iii) Current cash surrender value;
(iv) Current dividend;
(v) Application of current dividend; and
(vi) Amount of outstanding loan.
(c) Insurers writing life insurance policies that do not
build nonforfeiture values shall only be required to provide
an annual report with respect to these policies for those years
when a change has been made to nonguaranteed policy elements by the insurer.
(2) If the annual report does not include an in-force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You
should consider requesting more detailed information about
your policy to understand how it may perform in the future.
You should not consider replacement of your policy or make
changes in your coverage without requesting a current illustration. You may annually request, without charge, such an
illustration by calling (insurer’s phone number), writing to
(insurer’s name) at (insurer’s address) or contacting your
agent. If you do not receive a current illustration of your policy within 30 days from your request, you should contact
your state insurance department." The insurer may vary the
sequential order of the methods for obtaining an in-force
illustration.
(3) Upon the request of the policy owner, the insurer
shall furnish an in-force illustration of current and future benefits and values based on the insurer’s present illustrated
scale. This illustration shall comply with the requirements of
RCW 48.23A.030 (1) and (2) and 48.23A.040 (1) and (5). No
signature or other acknowledgment of receipt of this illustration shall be required.
(4) If an adverse change in nonguaranteed elements that
could affect the policy has been made by the insurer since the
last annual report, the annual report shall contain a notice of
[Title 48 RCW—page 190]
that fact and the nature of the change prominently displayed.
[1997 c 313 § 9.]
48.23A.070 Policy designated for use of illustrations—Annual report—Required information—In-force
illustrations—Notice of adverse changes. (Effective July
1, 2009.) (1) In the case of a policy designated as one for
which illustrations will be used, the insurer shall provide each
policy owner with an annual report on the status of the policy
that shall contain at least the following information:
(a) For universal life policies, the report shall include the
following:
(i) The beginning and end date of the current report
period;
(ii) The policy value at the end of the previous report
period and at the end of the current report period;
(iii) The total amounts that have been credited or debited
to the policy value during the current report period, identifying each type, such as interest, mortality, expense, and riders;
(iv) The current death benefit at the end of the current
report period on each life covered by the policy;
(v) The net cash surrender value of the policy as of the
end of the current report period;
(vi) The amount of outstanding loans, if any, as of the
end of the current report period; and
(vii) For fixed premium policies: If, assuming guaranteed interest, mortality, and expense loads and continued
scheduled premium payments, the policy’s net cash surrender
value is such that it would not maintain insurance in force
until the end of the next reporting period, a notice to this
effect shall be included in the report; or
(viii) For flexible premium policies: If, assuming guaranteed interest, mortality, and expense loads, the policy’s net
cash surrender value will not maintain insurance in force
until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be
included in the report.
(b) For all other policies, where applicable:
(i) Current death benefit;
(ii) Annual contract premium;
(iii) Current cash surrender value;
(iv) Current dividend;
(v) Application of current dividend; and
(vi) Amount of outstanding loan.
(c) Insurers writing life insurance policies that do not
build nonforfeiture values shall only be required to provide
an annual report with respect to these policies for those years
when a change has been made to nonguaranteed policy elements by the insurer.
(2) If the annual report does not include an in-force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You
should consider requesting more detailed information about
your policy to understand how it may perform in the future.
You should not consider replacement of your policy or make
changes in your coverage without requesting a current illustration. You may annually request, without charge, such an
illustration by calling (insurer’s phone number), writing to
(insurer’s name) at (insurer’s address) or contacting your
insurance producer. If you do not receive a current illustration of your policy within 30 days from your request, you
48.23A.070
(2008 Ed.)
Life Insurance Policy Illustrations
should contact your state insurance department." The insurer
may vary the sequential order of the methods for obtaining an
in-force illustration.
(3) Upon the request of the policy owner, the insurer
shall furnish an in-force illustration of current and future benefits and values based on the insurer’s present illustrated
scale. This illustration shall comply with the requirements of
RCW 48.23A.030 (1) and (2) and 48.23A.040 (1) and (5).
No signature or other acknowledgment of receipt of this illustration shall be required.
(4) If an adverse change in nonguaranteed elements that
could affect the policy has been made by the insurer since the
last annual report, the annual report shall contain a notice of
that fact and the nature of the change prominently displayed.
[2008 c 217 § 29; 1997 c 313 § 9.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.23A.080 Illustration actuaries—Conditions for
appointment—Duties—Certifications—Disclosures to
commissioner. (Effective until July 1, 2009.) (1) The board
of directors of each insurer shall appoint one or more illustration actuaries.
(2) The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with
the actuarial standard of practice for compliance with the
national association of insurance commissioners model regulation on life insurance illustrations adopted by the actuarial
standards board, and that the illustrated scales used in
insurer-authorized illustrations meet the requirements of this
chapter.
(3) The illustration actuary shall:
(a) Be a member in good standing of the American academy of actuaries;
(b) Be familiar with the standard of practice regarding
life insurance policy illustrations;
(c) Not have been found by the commissioner, following
appropriate notice and hearing to have:
(i) Violated any provision of, or any obligation imposed
by, the insurance law or other law in the course of his or her
dealings as an illustration actuary;
(ii) Been found guilty of fraudulent or dishonest practices;
(iii) Demonstrated his or her incompetence, lack of
cooperation, or untrustworthiness to act as an illustration
actuary; or
(iv) Resigned or been removed as an illustration actuary
within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of a
failure to adhere to generally acceptable actuarial standards;
(d) Not fail to notify the commissioner of any action
taken by a commissioner of another state similar to that under
(c) of this subsection;
(e) Disclose in the annual certification whether, since the
last certification, a currently payable scale applicable for
business issued within the previous five years and within the
scope of the certification has been reduced for reasons other
than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for
new policies are not consistent with those illustrated for similar in-force policies, this must be disclosed in the annual cer48.23A.080
(2008 Ed.)
48.23A.080
tification. If nonguaranteed elements illustrated for both new
and in-force policies are not consistent with the nonguaranteed elements actually being paid, charged, or credited to the
same or similar forms, this must be disclosed in the annual
certification; and
(f) Disclose in the annual certification the method used
to allocate overhead expenses for all illustrations:
(i) Fully allocated expenses;
(ii) Marginal expenses; or
(iii) A generally recognized expense table based on fully
allocated expenses representing a significant portion of insurance companies and approved by the national association of
insurance commissioners.
(4)(a) The illustration actuary shall file a certification
with the board of directors and with the commissioner:
(i) Annually for all policy forms for which illustrations
are used; and
(ii) Before a new policy form is illustrated.
(b) If an error in a previous certification is discovered,
the illustration actuary shall notify the board of directors of
the insurer and the commissioner promptly.
(5) If an illustration actuary is unable to certify the scale
for any policy form illustration the insurer intends to use, the
actuary shall notify the board of directors of the insurer and
the commissioner promptly of his or her inability to certify.
(6) A responsible officer of the insurer, other than the
illustration actuary, shall certify annually:
(a) That the illustration formats meet the requirements of
this chapter and that the scales used in insurer-authorized
illustrations are those scales certified by the illustration actuary; and
(b) That the company has provided its agents with information about the expense allocation method used by the company in its illustrations and disclosed as required in subsection (3)(f) of this section.
(7) The annual certifications shall be provided to the
commissioner each year by a date determined by the insurer.
(8) If an insurer changes the illustration actuary responsible for all or a portion of the company’s policy forms, the
insurer shall notify the commissioner of that fact promptly
and disclose the reason for the change. [1997 c 313 § 10.]
48.23A.080 Illustration actuaries—Conditions for
appointment—Duties—Certifications—Disclosures to
commissioner. (Effective July 1, 2009.) (1) The board of
directors of each insurer shall appoint one or more illustration
actuaries.
(2) The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with
the actuarial standard of practice for compliance with the
national association of insurance commissioners model regulation on life insurance illustrations adopted by the actuarial
standards board, and that the illustrated scales used in
insurer-authorized illustrations meet the requirements of this
chapter.
(3) The illustration actuary shall:
(a) Be a member in good standing of the American academy of actuaries;
(b) Be familiar with the standard of practice regarding
life insurance policy illustrations;
48.23A.080
[Title 48 RCW—page 191]
48.23A.090
Title 48 RCW: Insurance
(c) Not have been found by the commissioner, following
appropriate notice and hearing to have:
(i) Violated any provision of, or any obligation imposed
by, the insurance law or other law in the course of his or her
dealings as an illustration actuary;
(ii) Been found guilty of fraudulent or dishonest practices;
(iii) Demonstrated his or her incompetence, lack of
cooperation, or untrustworthiness to act as an illustration
actuary; or
(iv) Resigned or been removed as an illustration actuary
within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of a
failure to adhere to generally acceptable actuarial standards;
(d) Not fail to notify the commissioner of any action
taken by a commissioner of another state similar to that under
(c) of this subsection;
(e) Disclose in the annual certification whether, since the
last certification, a currently payable scale applicable for
business issued within the previous five years and within the
scope of the certification has been reduced for reasons other
than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated
for new policies are not consistent with those illustrated for
similar in-force policies, this must be disclosed in the annual
certification. If nonguaranteed elements illustrated for both
new and in-force policies are not consistent with the nonguaranteed elements actually being paid, charged, or credited to
the same or similar forms, this must be disclosed in the
annual certification; and
(f) Disclose in the annual certification the method used
to allocate overhead expenses for all illustrations:
(i) Fully allocated expenses;
(ii) Marginal expenses; or
(iii) A generally recognized expense table based on fully
allocated expenses representing a significant portion of insurance companies and approved by the national association of
insurance commissioners.
(4)(a) The illustration actuary shall file a certification
with the board of directors and with the commissioner:
(i) Annually for all policy forms for which illustrations
are used; and
(ii) Before a new policy form is illustrated.
(b) If an error in a previous certification is discovered,
the illustration actuary shall notify the board of directors of
the insurer and the commissioner promptly.
(5) If an illustration actuary is unable to certify the scale
for any policy form illustration the insurer intends to use, the
actuary shall notify the board of directors of the insurer and
the commissioner promptly of his or her inability to certify.
(6) A responsible officer of the insurer, other than the
illustration actuary, shall certify annually:
(a) That the illustration formats meet the requirements of
this chapter and that the scales used in insurer-authorized
illustrations are those scales certified by the illustration actuary; and
(b) That the company has provided its insurance producers with information about the expense allocation method
used by the company in its illustrations and disclosed as
required in subsection (3)(f) of this section.
[Title 48 RCW—page 192]
(7) The annual certifications shall be provided to the
commissioner each year by a date determined by the insurer.
(8) If an insurer changes the illustration actuary responsible for all or a portion of the company’s policy forms, the
insurer shall notify the commissioner of that fact promptly
and disclose the reason for the change. [2008 c 217 § 30;
1997 c 313 § 10.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.23A.090 Violations—RCW 48.30.010(1). In addition to any other penalties provided by law, an insurer or producer that violates a requirement of this chapter is guilty of a
violation of RCW 48.30.010(1). [1997 c 313 § 11.]
48.23A.090
48.23A.900 Severability—1997 c 313. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 313 § 12.]
48.23A.900
48.23A.901 Effective date—Application—1997 c 313.
This act takes effect January 1, 1998, and applies to policies
sold on or after January 1, 1998. [1997 c 313 § 13.]
48.23A.901
Chapter 48.24
Chapter 48.24 RCW
GROUP LIFE AND ANNUITIES
Sections
48.24.010
48.24.020
48.24.025
48.24.030
48.24.035
48.24.040
48.24.045
48.24.050
48.24.060
48.24.070
48.24.080
48.24.090
48.24.095
48.24.100
48.24.110
48.24.120
48.24.130
48.24.140
48.24.150
48.24.160
48.24.170
48.24.180
48.24.190
48.24.200
48.24.210
48.24.240
48.24.260
48.24.270
Group requirements.
Employee groups.
Payment of premium by employee when compensation suspended due to labor dispute.
Dependents of employees or members of certain groups.
Credit union groups.
Debtor groups.
Certain associations as groups.
Labor union groups.
Public employee associations.
Trustee groups.
Agent groups.
Washington state patrol.
Financial institutions.
Standard provisions.
Grace period.
Incontestability.
The contract—Representations.
Insurability.
Misstatement of age or sex.
Beneficiary—Funeral, last illness expenses.
Certificates.
Conversion on termination of eligibility.
Conversion on termination of policy.
Death pending conversion.
Limitation of liability.
Readjustment of premium.
Application of dividends or rate reductions.
Payment of proceeds—Interest, when delayed.
Charitable gift annuity business: Chapter 48.38 RCW.
Exemption of proceeds, group life: RCW 48.18.420.
Group insurance on irrigation district employees: RCW 87.03.160.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Payroll deduction of public employees for insurance and medical benefits
authorized: RCW 41.04.020.
Payroll deductions and employees’ contribution for group insurance on
employees of second-class cities or towns authorized: RCW 35.23.460.
Policy dividends are payable to real party in interest: RCW 48.18.340.
(2008 Ed.)
Group Life and Annuities
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.24.010 Group requirements. (1) No contract of life
insurance shall hereafter be delivered or issued for delivery in
this state insuring the lives of more than one individual unless
to one of the groups as provided for in this chapter, and unless
in compliance with the other provisions of this chapter.
(2) Subsection (1) of this section shall not apply to contracts of life insurance
(a) insuring only individuals related by marriage, by
blood, or by legal adoption; or
(b) insuring only individuals having a common interest
through ownership of a business enterprise, or of a substantial
legal interest or equity therein, and who are actively engaged
in the management thereof; or
(c) insuring the lives of employees and retirees under
contracts executed with the state health care authority under
the provisions of chapter 41.05 RCW. [1988 c 107 § 22;
1973 1st ex.s. c 147 § 11; 1947 c 79 § .24.01; Rem. Supp.
1947 § 45.24.01.]
48.24.030
§ 1; 1955 c 303 § 29; 1947 c 79 § .24.02; Rem. Supp. 1947 §
45.24.02.]
48.24.010
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
48.24.020 Employee groups. The lives of a group of
individuals may be insured under a policy issued to an
employer, or to the trustees of a fund established by an
employer, which employer or trustee is deemed the policyholder, insuring employees of the employer for the benefit of
persons other than the employer, subject to the following
requirements:
(1) The employees eligible for insurance under the policy shall be all of the employees of the employer, or all of any
class or classes thereof determined by conditions pertaining
to their employment. The policy may provide that the term
"employees" shall include the employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietors or partnerships if the business of the employer and of
such affiliated corporations, proprietors or partnerships is
under common control through stock ownership, contract or
otherwise. The policy may provide that the term "employees" shall include the individual proprietor or partners if the
employer is an individual proprietor or a partnership. The
policy may provide that the term "employees" shall include
retired employees.
(2) The premium for the policy shall be paid by the policyholder, either wholly from the employer’s funds or funds
contributed by him or her, or partly from such funds and
partly from funds contributed by the insured employees, or
from funds contributed entirely by the insured employees. A
policy on which no part of the premium is to be derived from
funds contributed by the insured employees must insure all
eligible employees, or all except any as to whom evidence of
individual insurability is not satisfactory to the insurer.
(3) The policy must cover at least two employees at date
of issue.
(4) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the employees or by the employer or trustees. [2005 c 222
48.24.020
(2008 Ed.)
48.24.025 Payment of premium by employee when
compensation suspended due to labor dispute. Any
employee whose compensation includes group life insurance,
the premiums for which are paid in full or in part by an
employer including the state of Washington, its political subdivisions, or municipal corporations, or paid by payroll
deduction, may pay the premiums as they become due
directly to the policyholder whenever the employee’s compensation is suspended or terminated directly or indirectly as
the result of a strike, lockout, or other labor dispute, for a
period not exceeding six months and at the rate and coverages
as the policy provides. During that period of time the policy
may not be altered or changed. Nothing in this section shall
be deemed to impair the right of the insurer to make normal
decreases or increases of the premium rate upon expiration
and renewal of the policy, in accordance with the provisions
of the policy. Thereafter, if such insurance coverage is no
longer available, then the employee shall be given the opportunity to purchase an individual policy at a rate consistent
with rates filed by the insurer with the commissioner. When
the employee’s compensation is so suspended or terminated,
the employee shall be notified immediately by the policyholder in writing, by mail addressed to the address last on
record with the policyholder, that the employee may pay the
premiums to the policyholder as they become due as provided in this section.
Payment of the premiums must be made when due or the
insurance coverage may be terminated by the insurer.
The provisions of any insurance policy contrary to provisions of this section are void and unenforceable after May 29,
1975. [1975 1st ex.s. c 117 § 2.]
48.24.025
Severability—1975 1st ex.s. c 117: See note following RCW
48.21.075.
48.24.030 Dependents of employees or members of
certain groups. (1) Insurance under any group life insurance
policy issued under RCW 48.24.020, 48.24.050, 48.24.060,
48.24.070, or 48.24.090 may be extended to insure the spouse
and dependent children, or any class or classes thereof, of
each insured employee or member who so elects, in amounts
in accordance with a plan that precludes individual selection
by the employees or members or by the employer or labor
union or trustee, and which insurance on the life of any one
family member including a spouse shall not be in excess of
the amount on the life of the insured employee or member.
Premiums for the insurance on the family members shall
be paid by the policyholder, either from the employer’s
funds, funds contributed to him or her, employee’s funds,
trustee’s funds, or labor union funds.
(2) A spouse insured under this section has the same conversion right as to the insurance on his or her life as is vested
in the employee or member under this chapter. [2006 c 25 §
14. Prior: 2005 c 223 § 13; 2005 c 222 § 2; 1993 c 132 § 1;
1975 1st ex.s. c 266 § 11; 1965 ex.s. c 70 § 23; 1963 c 192 §
1; 1953 c 197 § 10; 1947 c 79 § .24.03; Rem. Supp. 1947 §
45.24.03.]
48.24.030
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
[Title 48 RCW—page 193]
48.24.035
Title 48 RCW: Insurance
48.24.035 Credit union groups. The lives of a group of
individuals may be insured under a policy issued to a credit
union, which shall be deemed the policyholder, to insure eligible members of such credit union for the benefit of persons
other than the credit union or its officials, subject to the following requirements:
(1) The members eligible for insurance under the policy
shall be all of the members of a credit union, or all except any
as to whom evidence of individual insurability is not satisfactory to the insurer, or all of any class or classes thereof determined by conditions pertaining to their age or membership in
the credit union or both.
(2) The premium for the policy shall be paid by the policyholder, either wholly from the credit union’s funds, or
partly from such funds and partly from funds contributed by
the insured members specifically for their insurance. No policy may be issued for which the entire premium is to be
derived from funds contributed by the insured members specifically for their insurance.
(3) The policy must cover at least twenty-five members
at the date of issue.
(4) The amount of insurance under the policy shall not
exceed the amount of the total shares and deposits of the
member.
(5) As used herein, "credit union" means a credit union
organized and operating under the federal credit union act of
1934 or chapter 31.12 RCW. [1982 c 181 § 14; 1961 c 194 §
8.]
48.24.035
Severability—1982 c 181: See note following RCW 48.03.010.
48.24.040 Debtor groups. The lives of a group of individuals may be insured under a policy issued to a creditor,
who shall be deemed the policyholder, to insure debtors of
the creditors, subject to the provisions of the insurance code
relating to credit life insurance and credit accident and health
insurance and to the following requirements:
(1) The debtors eligible for insurance under the policy
shall be all of the debtors of the creditor whose indebtedness
is repayable in installments, or all of any class or classes
thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness, except
that nothing in this section shall preclude an insurer from
excluding from the classes eligible for insurance classes of
debtors determined by age. The policy may provide that the
term "debtors" shall include the debtors of one or more subsidiary corporations, and the debtors of one or more affiliated
corporations, proprietors or partnerships if the business of the
policyholder and of such affiliated corporations, proprietors
or partnerships is under common control through stock ownership, contract, or otherwise.
(2) The premium for the policy shall be paid by the policyholder, either from the creditor’s funds, or from charges
collected from the insured debtors, or from both. A policy on
which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not
required of uninsured debtors shall not include, in the class or
classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of
individual insurability unless at least seventy-five percent of
the then eligible debtors elect to pay the required charges. A
policy on which no part of the premium is to be derived from
the collection of such identifiable charges must insure all eligible debtors, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
(3) The policy may be issued only if the group of eligible
debtors is then receiving new entrants at the rate of at least
one hundred persons yearly, or may reasonably be expected
to receive at least one hundred new entrants during the first
policy year, and only if the policy reserves to the insurer the
right to require evidence of individual insurability if less than
seventy-five percent of the new entrants become insured.
(4) Payment by the debtor insured under any such group
life insurance contract of the premium charged the creditor by
the insurer for such insurance pertaining to the debtor, shall
not be deemed to constitute a charge upon a loan in violation
of any usury law. [1967 c 150 § 28; 1961 c 194 § 9; 1955 c
303 § 18; 1947 c 79 § .24.04; Rem. Supp. 1947 § 45.24.04.]
48.24.045
48.24.045 Certain associations as groups. The lives of
a group of individuals may be insured under a policy issued
to an association which has been in active existence for at
least one year, which has a constitution and bylaws, and
which has been organized and is maintained in good faith for
purposes other than that of obtaining insurance. Under this
group life insurance policy, the association shall be deemed
the policyholder. The policy may insure association employees, members, or their employees. Beneficiaries under the
policy shall be persons other than the association or its officers or trustees. The term "employees" as used in this section
may include retired employees. [1979 ex.s. c 44 § 1.]
48.24.040
[Title 48 RCW—page 194]
48.24.050
48.24.050 Labor union groups. The lives of a group of
individuals may be insured under a policy issued to a labor
union, which shall be deemed the policyholder, to insure
members of such union for the benefit of persons other than
the union or any of its officials, representatives or agents,
subject to the following requirements:
(1) The members eligible for insurance under the policy
shall be all of the members of the union, or all of any class or
classes thereof determined by conditions pertaining to their
employment, or to membership in the union, or both.
(2) The premium for the policy shall be paid by the policyholder, either wholly from the union’s funds, or partly
from such funds and partly from funds contributed by the
insured members specifically for their insurance. No policy
may be issued of which the entire premium is to be derived
from funds contributed by the insured members specifically
for their insurance. A policy on which the premium is to be
derived in part from funds contributed by the insured members specifically for their insurance may be placed in force
only if at least seventy-five percent of the then eligible members, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the
required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured
members specifically for their insurance must insure all eligible members, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
(3) The policy must cover at least twenty-five members
at date of issue.
(2008 Ed.)
Group Life and Annuities
(4) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the members or by the union. [1955 c 303 § 19; 1947 c 79
§ .24.05; Rem. Supp. 1947 § 45.24.05.]
48.24.060 Public employee associations. The lives of
a group of public employees may be insured under a policy
issued to the departmental head or to a trustee, or issued to an
association of public employees formed for purposes other
than obtaining insurance and having, when the policy is
placed in force, a membership in the classes eligible for
insurance of not less than seventy-five percent of the number
of employees eligible for membership in such classes, which
department head or trustee or association shall be deemed the
policyholder, to insure such employees for the benefit of persons other than the policyholder or any of its officials, subject
to the following requirements:
(1) The persons eligible for insurance under the policy
shall be all of the employees of the department or members of
the association, or all of any class or classes thereof determined by conditions pertaining to their employment, or to
membership in the association, or both.
(2) The premium for the policy shall be paid by the policyholder, in whole or in part either from salary deductions
authorized by, or charges collected from, the insured employees or members specifically for the insurance, or from the
association’s own funds, or from both. Any such deductions
from salary may be paid by the employer to the association or
directly to the insurer. No policy may be placed in force
unless and until at least seventy-five percent of the then eligible employees or association members, excluding any as to
whom evidence of individual insurability is not satisfactory
to the insurer, have elected to be covered and have authorized
their employer to make any required deductions from salary.
(3) The rate of charges to the insured employees or members specifically for the insurance, and the dues of the association if they include the cost of insurance, shall be determined according to each attained age or in not less than four
reasonably spaced attained age groups. In no event shall the
rate of such dues or charges be level for all members regardless of attained age.
(4) The policy must cover at least twenty-five persons at
date of issue.
(5) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the employees or members or by the association.
As used herein, "public employees" means employees of
the United States government, or of any state, or of any political subdivision or instrumentality of any of them. [1989 c 10
§ 9. Prior: 1973 1st ex.s. c 163 § 8; 1973 1st ex.s. c 152 § 5;
1963 c 195 § 21; 1955 c 303 § 20; 1953 c 197 § 11; 1947 c 79
§ .24.06; Rem. Supp. 1947 § 45.24.06.]
48.24.060
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.24.070 Trustee groups. The lives of a group of individuals may be insured under a policy issued to the trustees of
a fund established by two or more employers or by two or
more employer members of an employers’ association, or by
one or more labor unions, or by one or more employers and
one or more labor unions, or by one or more employers and
48.24.070
(2008 Ed.)
48.24.080
one or more labor unions whose members are in the same or
related occupations or trades, which trustees shall be deemed
the policyholder, to insure employees or members for the
benefit of persons other than the employers or the unions,
subject to the following requirements:
(1) If the policy is issued to two or more employer members of an employers’ association, such policy may be issued
only if (a) the association has been in existence for at least
five years and was formed for purposes other than obtaining
insurance and (b) the participating employers, meaning such
employer members whose employees are to be insured, constitute at date of issue at least fifty percent of the total
employers eligible to participate, unless the number of persons covered at date of issue exceeds six hundred, in which
event such participating employers must constitute at least
twenty-five percent of such total employers in either case
omitting from consideration any employer whose employees
are already covered for group life insurance.
(2) The persons eligible for insurance shall be all of the
employees of the employers or all of the members of the
unions, or all of any class or classes thereof determined by
conditions pertaining to their employment, or to membership
in the unions, or to both. The policy may provide that the
term "employees" shall include the individual proprietor or
partners if an employer is an individual proprietor or a partnership. The policy may provide that the term "employees"
shall include the trustees or their employees, or both, if their
duties are connected with such trusteeship. The policy may
provide that the term "employees" shall include retired
employees.
(3) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or
employers of the insured persons, or by the union or unions,
or partly or wholly from funds contributed by the insured persons, or any combination thereof. A policy on which all or
part of the premium is to be derived from funds contributed
by the insured persons specifically for their insurance may be
placed in force if the eligible persons elect to make the
required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured
persons specifically for their insurance must insure all eligible persons, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
(4) The policy must cover at least twenty persons at date
of issue.
(5) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the insured persons or by the policyholder, employers, or
unions. [2007 c 80 § 9; 1973 1st ex.s. c 163 § 9; 1963 c 86 §
1; 1959 c 225 § 9; 1955 c 303 § 21; 1953 c 197 § 12; 1947 c
79 § .24.07; Rem. Supp. 1947 § 45.24.07.]
48.24.080 Agent groups. (Effective until July 1,
2009.) The lives of a group of individuals may be insured
under a policy issued to a principal, or if such principal is a
life insurer, by or to such principal, covering when issued not
less than twenty-five agents of such principal, subject to the
following requirements:
(1) The agents eligible for insurance under the policy
shall be those who are under contract to render personal ser48.24.080
[Title 48 RCW—page 195]
48.24.080
Title 48 RCW: Insurance
vices for such principal for a commission or other fixed or
ascertainable compensation.
(2) The policy must insure either all of the agents or all
of any class or classes thereof, determined by conditions pertaining to the services to be rendered by such agents, except
that if a policy is intended to insure several such classes it
may be issued to insure any such class of which seventy-five
percent are covered and extended to other classes as seventyfive percent thereof express the desire to be covered.
(3) The premium on the policy shall be paid by the principal or by the principal and the agents jointly. When the premium is paid by the principal and agents jointly and the benefits of the policy are offered to all eligible agents, the policy,
when issued, must insure not less than seventy-five percent of
such agents.
(4) The amounts of insurance shall be based upon some
plan which will preclude individual selection.
(5) The insurance shall be for the benefit of persons other
than the principal.
(6) Such policy shall terminate if, subsequent to issue,
the number of agents insured falls below twenty-five lives or
seventy-five percent of the number eligible and the contribution of the agents, if the premiums are on a renewable term
insurance basis, exceed one dollar per month per one thousand dollars of insurance coverage plus any additional premium per one thousand dollars of insurance coverage
charged to cover one or more hazardous occupations.
(7) For the purposes of this section "agents" shall be
deemed to include agents, subagents, solicitors, and salesmen. [1949 c 190 § 33; Rem. Supp. 1949 § 45.24.08.]
48.24.080 Insurance producer groups. (Effective
July 1, 2009.) The lives of a group of individuals may be
insured under a policy issued to a principal, or if such principal is a life insurer, by or to such principal, covering when
issued not less than twenty-five insurance producers of such
principal, subject to the following requirements:
(1) The insurance producers eligible for insurance under
the policy shall be those who are under contract to render personal services for such principal for a commission or other
fixed or ascertainable compensation.
(2) The policy must insure either all of the insurance producers or all of any class or classes thereof, determined by
conditions pertaining to the services to be rendered by such
insurance producers, except that if a policy is intended to
insure several such classes it may be issued to insure any such
class of which seventy-five percent are covered and extended
to other classes as seventy-five percent thereof express the
desire to be covered.
(3) The premium on the policy shall be paid by the principal or by the principal and the insurance producers jointly.
When the premium is paid by the principal and insurance producers jointly and the benefits of the policy are offered to all
eligible insurance producers, the policy, when issued, must
insure not less than seventy-five percent of such insurance
producers.
(4) The amounts of insurance shall be based upon some
plan which will preclude individual selection.
(5) The insurance shall be for the benefit of persons other
than the principal.
48.24.080
[Title 48 RCW—page 196]
(6) Such policy shall terminate if, subsequent to issue,
the number of insurance producers insured falls below
twenty-five lives or seventy-five percent of the number eligible and the contribution of the insurance producers, if the premiums are on a renewable term insurance basis, exceed one
dollar per month per one thousand dollars of insurance coverage plus any additional premium per one thousand dollars of
insurance coverage charged to cover one or more hazardous
occupations. [2008 c 217 § 32; 1949 c 190 § 33; Rem. Supp.
1949 § 45.24.08.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.24.090 Washington state patrol. The lives of a
group of individuals may be insured under a policy issued to
the commanding officer, which commanding officer shall be
deemed the policyholder, to insure not less than twenty-five
of the members of the Washington state patrol. Such policy
shall be for the benefit of beneficiaries as designated by the
individuals so insured, and the premium thereon may be paid
by such members. Not less than seventy-five percent of all
eligible members of such Washington state patrol, or of any
unit thereof determined by conditions pertaining to their
employment, may be so insured. [1947 c 79 § .24.09; Rem.
Supp. 1947 § 45.24.09.]
48.24.090
48.24.095 Financial institutions. The lives of a group
of individuals may be insured under a policy issued to a state
or federally regulated financial institution, which financial
institution shall be deemed the policyholder. The purpose of
the policy shall be to insure the depositors or depositor members of the financial institution for the benefit of persons
other than the financial institution or its officers. The issuance of the policy shall be subject to the following requirements:
(1) The persons eligible for insurance under the policy
shall be the depositors or deposit members of such financial
institution, except any as to whom evidence of individual
insurability is not satisfactory to the insurer, or any class or
classes thereof determined by conditions of age.
(2) The policy must cover at least one hundred persons at
the date of issue.
(3) The amount of insurance under the policy shall not
exceed the amount of the deposit account of the insured person or five thousand dollars whichever is less.
(4) Financial institutions referred to herein must be
authorized to do business in the state of Washington and have
their depositors’ or members’ deposit accounts insured
against loss to the amount of at least fifteen thousand dollars
by a corporate agency of the federal government. [1967 ex.s.
c 95 § 15.]
48.24.095
48.24.100 Standard provisions. No policy of group
life insurance shall be delivered or issued for delivery in this
state unless it contains in substance the standard provisions as
required by RCW 48.24.110 to 48.24.200, inclusive, or provisions which in the opinion of the commissioner are more
favorable to the individuals insured, or at least as favorable to
such individuals and more favorable to the policyholder;
except that:
48.24.100
(2008 Ed.)
Group Life and Annuities
(1) Provisions set forth in RCW 48.24.160 to 48.24.200,
inclusive, shall not apply to policies issued to a creditor to
insure its debtors.
(2) If the group life insurance policy is on a plan of insurance other than the term plan, it shall contain a nonforfeiture
provision or provisions which in the opinion of the commissioner is or are equitable to the insured persons and to the policyholder, but such nonforfeiture benefits are not required to
be the same as those required for individual life insurance
policies. [1947 c 79 § .24.10; Rem. Supp. 1947 § 45.24.10.]
48.24.110 Grace period. There shall be a provision that
the policyholder is entitled to a grace period of thirty-one
days for the payment of any premium due except the first,
during which grace period the death benefit coverage shall
continue in force, unless the policyholder has given the
insurer written notice of discontinuance in advance of the
date of discontinuance and in accordance with the terms of
the policy. The policy may provide that the policyholder shall
be liable to the insurer for the payment of a pro rata premium
for the time the policy was in force during such grace period.
[1947 c 79 § .24.11; Rem. Supp. 1947 § 45.24.11.]
48.24.110
48.24.120 Incontestability. There shall be a provision
that the validity of the policy shall not be contested, except
for nonpayment of premiums, after it has been in force for
two years from its date of issue; and that no statement made
by an individual insured under the policy relating to his insurability shall be used in contesting the validity of the insurance
with respect to which such statement was made after such
insurance has been in force prior to the contest for a period of
two years during such individual’s lifetime nor unless it is
contained in a written instrument signed by him. [1947 c 79
§ 24.12; Rem. Supp. 1947 § 45.24.12.]
48.24.120
48.24.130 The contract—Representations. There
shall be a provision that a copy of the application, if any, of
the policyholder shall be attached to the policy when issued
and become a part of the contract; that all statements made by
the policyholder or by the persons insured shall be deemed
representations and not warranties, and that no statement
made by any person insured shall be used in any contest
unless a copy of the instrument containing the statement is or
has been furnished to such person or to his beneficiary. [1947
c 79 § .24.13; Rem. Supp. 1947 § 45.24.13.]
48.24.130
48.24.140 Insurability. There shall be a provision setting forth the conditions, if any, under which the insurer
reserves the right to require a person eligible for insurance to
furnish evidence of individual insurability satisfactory to the
insurer as a condition to part or all of his coverage. [1947 c
79 § .24.14; Rem. Supp. 1947 § 45.24.14.]
48.24.140
48.24.150 Misstatement of age or sex. There shall be
a provision specifying an equitable adjustment of premiums
or of benefits or of both to be made in the event the age or sex
of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used.
[1983 1st ex.s. c 32 § 22; 1947 c 79 § .24.15; Rem. Supp.
1947 § 45.24.15.]
48.24.150
(2008 Ed.)
48.24.180
48.24.160 Beneficiary—Funeral, last illness
expenses. There shall be a provision that any sum becoming
due by reason of the death of the individual insured shall be
payable to the beneficiary designated by such individual, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of such sum, living at
the death of the individual insured and subject to any right
reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding
ten percent of such amount or one thousand dollars, whichever is greater, to any person appearing to the insurer to be
equitably entitled thereto by reason of having incurred
funeral or other expenses incident to the last illness or death
of the individual insured. [1981 c 333 § 1; 1979 ex.s. c 199 §
9; 1955 c 303 § 23; 1947 c 79 § .24.16; Rem. Supp. 1947 §
45.24.16.]
48.24.160
48.24.170 Certificates. There shall be a provision that
the insurer will issue to the policyholder for delivery to each
individual insured a certificate setting forth a statement as to
the insurance protection to which he is entitled, to whom the
insurance benefits are payable, described by name, relationship, or reference to the insurance records of the policyholder
or insurer, and the rights and conditions set forth in RCW
48.24.180, 48.24.190 and 48.24.200, following. [1961 c 194
§ 10; 1947 c 79 § .24.17; Rem. Supp. 1947 § 45.24.17.]
48.24.170
48.24.180 Conversion on termination of eligibility.
There shall be a provision that if the insurance, or any portion
of it, on an individual covered under the policy, other than a
child insured pursuant to RCW 48.24.030, ceases because of
termination of employment or of membership in the class or
classes eligible for coverage under the policy, such individual
shall be entitled to have issued to him by the insurer, without
evidence of insurability, an individual policy of life insurance
without disability or other supplementary benefits, provided
application for the individual policy shall be made, and the
first premium paid to the insurer, within thirty-one days after
such termination, and provided further that,
(1) the individual policy shall, at the option of such individual, be on any one of the forms, except term insurance,
then customarily issued by the insurer at the age and for the
amount applied for;
(2) the individual policy shall be in an amount not in any
event in excess of the amount of life insurance which ceases
because of such termination nor less than one thousand dollars unless a smaller amount of coverage was provided for
such individual under the group policy: PROVIDED, That
any amount of insurance which matures on the date of such
termination or has matured prior thereto under the group policy as an endowment payable to the individual insured,
whether in one sum or in installments or in the form of an
annuity, shall not, for the purposes of this provision, be
included in the amount which is considered to cease because
of such termination; and
(3) the premium on the individual policy shall be at the
insurer’s then customary rate applicable to the form and
amount of the individual policy, to the class of risk to which
such individual then belongs, and to his age attained on the
effective date of the individual policy. [1955 c 303 § 24;
1947 c 79 § .24.18; Rem. Supp. 1947 § 45.24.18.]
48.24.180
[Title 48 RCW—page 197]
48.24.190
Title 48 RCW: Insurance
48.24.190 Conversion on termination of policy.
There shall be a provision that if the group policy terminates
or is amended so as to terminate the insurance of any class of
insured individuals, every individual insured thereunder at
the date of such termination, other than a child insured pursuant to RCW 48.24.030, whose insurance terminates and who
has been so insured for at least five years prior to such termination date shall be entitled to have issued to him by the
insurer an individual policy of life insurance, subject to the
same conditions and limitations as are provided by RCW
48.24.180, except that the group policy may provide that the
amount of such individual policy shall not exceed the smaller
of (a) the amount of the individual’s life insurance protection
ceasing because of the termination or amendment of the
group policy, less the amount of any life insurance for which
he is or becomes eligible under any group policy issued or
reinstated by the same or another insurer within thirty-one
days of such termination and (b) two thousand dollars. [1953
c 197 § 13; 1947 c 79 § .24.19; Rem. Supp. 1947 § 45.24.19.]
48.24.190
48.24.200 Death pending conversion. There shall be a
provision that if a person insured under the group policy dies
during the period within which he would have been entitled
to have an individual policy issued to him in accordance with
RCW 48.24.180 and 48.24.190, and before such an individual policy shall have become effective, the amount of life
insurance which he would have been entitled to have issued
to him under such individual policy shall be payable as a
claim under the group policy, whether or not application for
the individual policy or the payment of the first premium
therefor has been made. [1947 c 79 § .24.20; Rem. Supp.
1947 § 45.24.20.]
48.24.200
in rate of premiums hereafter made or continued for the first
or any subsequent year of insurance, under any policy of
group life insurance heretofore or hereafter issued to any policyholder may be applied to reduce the policyholder’s part of
the cost of such insurance, except that if the aggregate dividends or refunds or credits under such group policy and any
other group policy or contract issued to the policyholder
exceed the aggregate contributions of the policyholder
toward the cost of the coverages, such excess shall be applied
by the policyholder for the sole benefit of insured individuals.
[1947 c 79 § .24.26; Rem. Supp. 1947 § 45.24.26.]
48.24.270 Payment of proceeds—Interest, when
delayed. (1) An insurer shall pay the proceeds of any benefits under a policy of group life insurance insuring the life of
any person who was a resident of this state at the time of
death. The proceeds must be paid not more than thirty days
after the insurer has received satisfactory proof of death of
the insured. If the proceeds are not paid within the thirty-day
period, the insurer shall also pay interest on the proceeds
from the date of death of the insured to the date when the proceeds are paid.
(2) The interest required under subsection (1) of this section accrues commencing on the date of death at the rate then
paid by the insurer on other withdrawable policy proceeds
left with the company or eight percent, whichever is greater.
(3) Benefits payable that have not been tendered to the
beneficiary within ninety days of the receipt of proof of death
accrue interest, commencing on the ninety-first day, at the
rate under subsection (2) of this section plus three percent.
[2008 c 310 § 1.]
48.24.270
Chapter 48.25
48.24.210 Limitation of liability. (1) The insurer may
in any group life insurance contract provide that it is not liable, or is liable only in a reduced amount, for losses resulting:
(a) From war or any act of war, declared or undeclared,
or of service in the military, naval or air forces or in civilian
forces auxiliary thereto, or from any cause while a member of
any such military, naval or air forces, of any country at war,
declared or undeclared.
(b) From aviation under conditions specified in the policy.
(2) The insurer may in any such contract provide that any
amount of insurance in excess of one thousand dollars on an
individual life may be reduced to one thousand dollars or to
any greater amount upon attainment of any age not less than
age sixty-five or upon the anniversary of the policy nearest
attainment of such age. [1947 c 79 § .24.21; Rem. Supp.
1947 § 45.24.21.]
48.24.210
48.24.240 Readjustment of premium. Any group life
insurance contract may provide for a readjustment of the premium rate based on experience under that contract, at the end
of the first or of any subsequent year of insurance, and which
readjustment may be made retroactive for such policy year
only. [1947 c 79 § .24.24; Rem. Supp. 1947 § 45.24.24.]
48.24.240
48.24.260 Application of dividends or rate reductions. Any policy dividends hereafter declared, or reduction
48.24.260
[Title 48 RCW—page 198]
Chapter 48.25 RCW
INDUSTRIAL LIFE INSURANCE
Sections
48.25.010
48.25.020
48.25.030
48.25.040
48.25.050
48.25.060
48.25.070
48.25.080
48.25.090
48.25.100
48.25.110
48.25.120
48.25.130
48.25.140
48.25.150
48.25.160
48.25.170
48.25.180
48.25.190
48.25.200
48.25.210
48.25.220
48.25.230
Scope of chapter.
Industrial life insurance defined.
Compliance enjoined.
Standard provisions.
Grace period.
Entire contract.
Incontestability.
Misstatement of age.
Dividends.
Nonforfeiture benefits.
Cash surrender value.
Reinstatement.
Settlement.
Authority to alter policy.
Beneficiary.
Facility of payment clause.
Payment of premiums direct.
Conversion—Weekly premium policies.
Conversion—Monthly premium policies.
Title on policy.
Application to term and specified insurance.
Prohibited provisions.
Limitation of liability.
Exemption of proceeds, life insurance: RCW 48.18.410.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minor may contract for life or disability insurance: RCW 48.18.020.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
(2008 Ed.)
Industrial Life Insurance
48.25.010 Scope of chapter. The provisions of this
chapter apply only to industrial life insurance contracts.
[1947 c 79 § .25.01; Rem. Supp. 1947 § 45.25.01.]
48.25.010
48.25.020 Industrial life insurance defined. "Industrial" life insurance is any life insurance provided by an individual insurance contract issued in face amount of less than
one thousand dollars, under which premiums are payable
monthly or oftener, and bearing the words "industrial policy"
printed upon the policy as a part of the descriptive matter.
[1947 c 79 § .25.02; Rem. Supp. 1947 § 45.25.02.]
48.25.020
48.25.030 Compliance enjoined. No policy of industrial life insurance shall be delivered or be issued for delivery
in this state after January 1, 1948, except in compliance with
the provisions of this chapter and with other applicable provisions of this code. [1947 c 79 § .25.03; Rem. Supp. 1947 §
45.25.03.]
48.25.030
48.25.040 Standard provisions. No such policy shall
be so issued or delivered unless it contains in substance the
provisions as required by this chapter, or provisions which in
the opinion of the commissioner are more favorable to the
policyholder. [1947 c 79 § .25.04; Rem. Supp. 1947 §
45.25.04.]
48.25.040
48.25.050 Grace period. There shall be a provision that
the insured is entitled to a grace period of four weeks within
which the payment of any premium after the first may be
made, except that in policies the premiums for which are payable monthly, the period of grace shall be one month but not
less than thirty days; and that during the period of grace the
policy shall continue in full force, but if during the grace
period the policy becomes a claim, then any overdue and
unpaid premiums may be deducted from any settlement
under the policy. [1947 c 79 § .25.05; Rem. Supp. 1947 §
45.25.05.]
48.25.140
the age of any other individual considered in determining the
premium, has been misstated, any amount payable or benefit
accruing under the policy shall be such as the premium would
have purchased at the correct age or ages. [1947 c 79 §
.25.08; Rem. Supp. 1947 § 45.25.08.]
48.25.090 Dividends. If a participating policy, there
shall be a provision that the insurer shall annually ascertain
and apportion any divisible surplus accruing on the policy,
and that dividends arising from such apportionment shall be
credited annually beginning not later than the fifth contract
year. This provision shall not prohibit the payment of additional dividends on default of payment of premiums or termination of the policy. [1947 c 79 § .25.09; Rem. Supp. 1947 §
45.25.09.]
48.25.090
48.25.100 Nonforfeiture benefits. There shall be a provision for nonforfeiture benefits as required by chapter 48.76
RCW. [1983 c 3 § 152; 1947 c 79 § .25.10; Rem. Supp. 1947
§ 45.25.10.]
48.25.100
48.25.110 Cash surrender value. There shall be a provision for a cash surrender value as required by chapter 48.76
RCW. [1983 c 3 § 153; 1947 c 79 § .25.11; Rem. Supp. 1947
§ 45.25.11.]
48.25.110
48.25.050
48.25.060 Entire contract. There shall be a provision
that the policy shall constitute the entire contract between the
parties, or, if a copy of the application is endorsed upon or
attached to the policy when issued, a provision that the policy
and the application therefor shall constitute the entire contract. If the application is so made a part of the contract, the
policy shall also provide that all statements made by the
applicant in such application shall, in the absence of fraud, be
deemed to be representations and not warranties. [1947 c 79
§ .25.06; Rem. Supp. 1947 § 45.25.06.]
48.25.060
48.25.070 Incontestability. There shall be a provision
that the policy shall be incontestable after it has been in force
during the lifetime of the insured for a period of two years
from its date of issue except for nonpayment of premiums,
and except, at the option of the insurer, as to supplemental
provisions providing benefits for total and permanent disability or specifically for accidental death. [1947 c 79 § .25.07;
Rem. Supp. 1947 § 45.25.07.]
48.25.070
48.25.080 Misstatement of age. There shall be a provision that if it is found that the age of the individual insured, or
48.25.080
(2008 Ed.)
48.25.120 Reinstatement. There shall be a provision
that the policy may be reinstated at any time within two years
from the due date of the premium in default unless the cash
surrender value has been paid, or the extension period
expired, upon the production of evidence of insurability satisfactory to the insurer and the payment of all overdue premiums and payment or reinstatement of any unpaid loans or
advances made by the insurer against the policy with interest
at a rate not exceeding six percent per annum and payable
annually. [1947 c 79 § .25.12; Rem. Supp. 1947 § 45.25.12.]
48.25.120
48.25.130 Settlement. There shall be a provision that
when the policy becomes a claim by the death of the insured,
settlement shall be made upon receipt of due proof of death or
after a specified period not exceeding two months after
receipt of such proof. [1947 c 79 § .25.13; Rem. Supp. 1947
§ 45.25.13.]
48.25.130
48.25.140 Authority to alter policy. (Effective until
July 1, 2009.) There shall be a provision that no agent shall
have the power or authority to waive, change or alter any of
the terms or conditions of any policy; except that, at the
option of the insurer, the terms or conditions may be changed
by an endorsement signed by a duly authorized officer of the
insurer. [1947 c 79 § .25.14; Rem. Supp. 1947 § 45.25.14.]
48.25.140
48.25.140 Authority to alter policy. (Effective July 1,
2009.) (1) There shall be a provision that no insurance producer shall have the power or authority to waive, change, or
alter any of the terms or conditions of any policy; except that,
at the option of the insurer, the terms or conditions may be
changed by an endorsement signed by a duly authorized
officer of the insurer.
48.25.140
[Title 48 RCW—page 199]
48.25.150
Title 48 RCW: Insurance
(2) No later than January 1, 2010, or when the insurer has
used all of its existing paper industrial life insurance contract
forms which were in its possession on July 1, 2009, whichever is earlier, the notice required by subsection (1) of this
section shall use the term insurance producer in place of
agent. [2008 c 217 § 33; 1947 c 79 § .25.14; Rem. Supp.
1947 § 45.25.14.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.25.150 Beneficiary. (1) Each such policy shall have
a space on the front or back page of the policy for the name of
the beneficiary designated with a reservation of the right to
designate or change the beneficiary after the issuance of the
policy.
(2) The policy may also provide that no designation or
change of beneficiary shall be binding on the insurer until
endorsed on the policy by the insurer, and that the insurer
may refuse to endorse the name of any proposed beneficiary
who does not appear to the insurer to have an insurable interest in the life of the insured. [1947 c 79 § .25.15; Rem. Supp.
1947 § 45.25.15.]
48.25.150
48.25.160 Facility of payment clause. Such a policy
may also provide that if the beneficiary designated in the policy does not surrender the policy with due proof of death
within the period stated in the policy, which shall not be less
than thirty days after the death of the insured, or if the beneficiary is the estate of the insured or is a minor, or dies before
the insured or is not legally competent to give a valid release,
then the insurer may make payment thereunder to the executor or administrator of the insured, or to any of the insured’s
relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably
entitled thereto by reason of having been named beneficiary,
or by reason of having incurred expense for the maintenance,
medical attention or burial of the insured. Such policy may
also include a similar provision applicable to any other payment due under the policy. [1947 c 79 § .25.16; Rem. Supp.
1947 § 45.25.16.]
48.25.160
48.25.170 Payment of premiums direct. In the case of
weekly premium policies, there may be a provision that upon
proper notice to the insurer while premiums on the policy are
not in default beyond the grace period, of the intention to pay
future premiums directly to the insurer at its home office or
any office designated by the insurer for the purpose, the
insurer will, at the end of each period of a year from the due
date of the first premium so paid, for which period such premiums are so paid continuously without default beyond the
grace period, refund a stated percentage of the premiums in
an amount which fairly represents the savings in collection
expense. [1947 c 79 § .25.17; Rem. Supp. 1947 § 45.25.17.]
48.25.170
48.25.180 Conversion—Weekly premium policies.
There shall be a provision in the case of weekly premium policies granting, upon proper written request and upon presentation of evidence of the insurability of the insured satisfactory to the insurer, the privilege of converting his weekly premium industrial insurance to any form of life insurance with
48.25.180
[Title 48 RCW—page 200]
less frequent premium payments regularly issued by the
insurer, in accordance with terms and conditions agreed upon
with the insurer. The privilege of making such conversion
need be granted only if the insurer’s weekly premium industrial policies on the life insured, in force as premium paying
insurance and on which conversion is requested, grant benefits in event of death, exclusive of additional accidental death
benefits and exclusive of any dividend additions, in an
amount not less than the minimum amount of such insurance
with less frequent premium payments issued by the insurer at
the age of the insured on the plan of industrial or ordinary
insurance desired. [1947 c 79 § .25.18; Rem. Supp. 1947 §
45.25.18.]
48.25.190 Conversion—Monthly premium policies.
There shall be a provision, in the case of monthly premium
industrial policies, granting, upon proper written request and
upon presentation of evidence of the insurability of the
insured satisfactory to the insurer, the privilege of converting
his monthly premium industrial insurance to any form of
ordinary life insurance regularly issued by the insurer, in
accordance with terms and conditions agreed upon with the
insurer. The privilege of making such conversions need be
granted only if the insurer’s monthly premium industrial policies on the life insured, in force as premium paying insurance and on which conversion is requested, grant benefits in
event of death, exclusive of additional accidental death benefits and exclusive of any dividend additions, in an amount not
less than the minimum amount of ordinary insurance issued
by the insurer at the age of the insured on the plan of ordinary
insurance desired. [1947 c 79 § .25.19; Rem. Supp. 1947 §
45.25.19.]
48.25.190
48.25.200 Title on policy. There shall be a title on the
face of each such policy briefly describing its form. [1947 c
79 § .25.20; Rem. Supp. 1947 § 45.25.20.]
48.25.200
48.25.210 Application to term and specified insurance. Any of the provisions required by this chapter or any
portion thereof which are not applicable to single premium or
term policies or to policies issued or granted pursuant to nonforfeiture provisions, shall to that extent not be incorporated
therein. [1947 c 79 § .25.21; Rem. Supp. 1947 § 45.25.21.]
48.25.210
48.25.220 Prohibited provisions. No such policy shall
contain:
(1) A provision by which the insurer may deny liability
under the policy for the reason that the insured has previously
obtained other insurance from the same insurer.
(2) A provision giving the insurer the right to declare the
policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has
received institutional, hospital, medical or surgical treatment
or attention, except a provision which gives the insurer the
right to declare the policy void if the insured has, within two
years prior to the issuance of the policy, received institutional, hospital, medical or surgical treatment or attention and
if the insured or claimant under the policy fails to show that
the condition occasioning such treatment or attention was not
of a serious nature or was not material to the risk.
48.25.220
(2008 Ed.)
Property Insurance
(3) A provision giving the insurer the right to declare the
policy void because the insured had been rejected for insurance, unless such right be conditioned upon a showing by the
insurer, that knowledge of such rejection would have led to a
refusal by the insurer to make such contract. [1947 c 79 §
.25.22; Rem. Supp. 1947 § 45.25.22.]
48.25.230 Limitation of liability. The insurer may in
any such policy limit its liability for the same causes and to
the same extent as is provided in RCW 48.23.260 for other
life insurance contracts. [1947 c 79 § .25.23; Rem. Supp.
1947 § 45.25.23.]
48.27.010
founders policy shall be issued or delivered in this state after
September 1, 1967. [1967 ex.s. c 95 § 6.]
48.25A.030 Coupon policies—Approval by commissioner. No coupon policy shall be issued or delivered in this
state until the form of the same has been filed with and
approved by the commissioner. [1967 ex.s. c 95 § 7.]
48.25A.030
48.25.230
Chapter 48.25A RCW
LIFE INSURANCE—PROFIT-SHARING, CHARTER,
FOUNDERS, AND COUPON POLICIES
Chapter 48.25A
Sections
48.25A.010 Definitions.
48.25A.020 Certain policies not to be issued or delivered after September
1, 1967.
48.25A.030 Coupon policies—Approval by commissioner.
48.25A.040 Coupon policies—Requirements.
48.25A.050 Revocation of certificates of authority and licenses for violation of chapter.
48.25A.010 Definitions. As used in this chapter:
(1) "Profit-sharing policy" means:
(a) A life insurance policy which by its terms expressly
provides that the policyholder will participate in the distribution of earnings or surplus other than earnings or surplus
attributable, by reasonable and nondiscriminatory standards,
to the participating policies of the company and allocated to
the policyholder on reasonable and nondiscriminatory standards; or
(b) A life insurance policy the provisions of which,
through sales material or oral presentations, are interpreted
by the company to prospective policyholders as entitling the
policyholder to the benefits described in subsection (a) of this
section.
(2) "Charter policy" or "founders policy" means:
(a) A life insurance policy which by its terms expressly
provides that the policyholder will receive some preferential
or discriminatory advantage or benefit not available to persons who purchase insurance from the company at future
dates or under other circumstances; or
(b) A life insurance policy the provisions of which,
through sales material or oral presentations, are interpreted
by the company to prospective policyholders as entitling the
policyholder to the benefits described in subsection (a) of this
section.
(3) "Coupon policy" means a life insurance policy which
provides a series of pure endowments maturing periodically
in amounts not exceeding the gross annual policy premiums.
The term "pure endowment" or "endowment" is used in its
accepted actuarial sense, meaning a benefit becoming payable at a specific future date if the insured person is then living. [1967 ex.s. c 95 § 5.]
48.25A.010
48.25A.040 Coupon policies—Requirements. Coupon policies issued or delivered in this state shall be subject
to the following provisions:
(1) No detachable coupons or certificates or passbooks
may be used. No other device may be used which tends to
emphasize the periodic endowment benefits or which tends to
create the impression that the endowments represent interest
earnings or anything other than benefits which have been
purchased by part of the policyholder’s premium payments.
(2) Each endowment benefit must have a fixed maturity
date and payment of the endowment benefit shall not be contingent upon the payment of any premium becoming due on
or after such maturity date.
(3) The endowment benefits must be expressed in dollar
amounts rather than as percentages of other quantities or in
other ways, both in the policy itself and in the sale thereof.
(4) A separate premium for the periodic endowment benefits must be shown in the policy adjacent to the rest of the
policy premium information and must be given the same
emphasis in the policy and in the sale thereof as that given the
rest of the policy premium information. This premium shall
be calculated with mortality, interest and expense factors
which are consistent with those for the basic policy premium.
[1967 ex.s. c 95 § 8.]
48.25A.040
48.25A.050 Revocation of certificates of authority
and licenses for violation of chapter. The commissioner
may revoke all certificates of authority and licenses granted
to any insurance company, its officers or agents violating any
provision of this chapter. [1967 ex.s. c 95 § 9.]
48.25A.050
Chapter 48.26 RCW
MARINE AND TRANSPORTATION INSURANCE
(RESERVED)
Chapter 48.26
Chapter 48.27
Chapter 48.27 RCW
PROPERTY INSURANCE
Sections
48.27.010
48.27.020
Over-insurance prohibited.
Replacement insurance.
Binders: RCW 48.18.230.
Insurable interest, property insurance, nonprofit organizations: RCW
48.18.040.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Rates: Chapter 48.19 RCW.
Standard form of fire policy: RCW 48.18.120.
48.27.010 Over-insurance prohibited. (1) Over-insurance shall be deemed to exist if property or an insurable interest therein is insured by one or more insurance contracts
48.27.010
48.25A.020 Certain policies not to be issued or delivered after September 1, 1967. No profit-sharing, charter, or
48.25A.020
(2008 Ed.)
[Title 48 RCW—page 201]
48.27.020
Title 48 RCW: Insurance
against the same hazard in any amount in excess of the fair
value of the property or of such interest, as determined as of
the effective date of the insurance or of any renewal thereof,
or in those instances when insured value is for improvements
and land.
(2) For the purposes of this section only the term "fair
value" means the cost of replacement less such depreciation
as is properly applicable to the subject insured.
(3) No person shall knowingly require, request, issue,
place, procure, or accept any insurance contract which would
result in over-insurance of the property or interest therein
proposed to be insured, except as is provided in RCW
48.27.020.
(4) No person shall compel an insured or applicant for
insurance to procure property insurance in an amount in
excess of the amount which could reasonably be expected to
be paid under the policy (or combination of policies) in the
event of a loss, whether such insurance is required in connection with a loan or otherwise.
(5) Each violation of this section shall subject the violator to the penalties provided by this code. [1984 c 6 § 1; 1947
c 79 § .27.01; Rem. Supp. 1947 § 45.27.01.]
48.27.020 Replacement insurance. By any contract of
insurance of property or of any insurable interest therein, the
insurer may in connection with a special provision or
endorsement made a part of the policy insure the cost of
repair or replacement of such property, if damaged or
destroyed by a hazard insured against, and without deduction
of depreciation, subject to such reasonable rules and regulations as may be made by the commissioner. [1951 c 194 § 1;
1947 c 79 § .27.02; formerly Rem. Supp. 1947 § 45.27.02.]
48.27.020
Chapter 48.28
Chapter 48.28 RCW
SURETY INSURANCE
Sections
48.28.010
48.28.020
48.28.030
48.28.040
48.28.050
Requirements deemed met by surety insurer.
Fiduciary bonds—Premium as lawful expense.
Judicial bonds—Premium as part of recoverable costs.
Official bonds—Payment of premiums.
Release from liability.
Binders: RCW 48.18.230.
Official bonds in general: Chapter 42.08 RCW.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.28.010 Requirements deemed met by surety
insurer. Whenever by law or by rule of any court, public
official, or public body, any surety bond, recognizance, obligation, stipulation or undertaking is required or is permitted
to be given, any such bond, recognizance, obligation, stipulation, or undertaking which is otherwise proper and the conditions of which are guaranteed by an authorized surety insurer,
or by an unauthorized surety insurer as a surplus line pursuant
to chapter 48.15 RCW of this code, shall be approved and
accepted and shall be deemed to fulfill all requirements as to
number of sureties, residence or status of sureties, and other
similar requirements, and no justification by such surety shall
be necessary. [1947 c 79 § .28.01; Rem. Supp. 1947 §
45.28.01.]
48.28.010
[Title 48 RCW—page 202]
48.28.020 Fiduciary bonds—Premium as lawful
expense. Any fiduciary required by law to give bonds, may
include as part of his lawful expense to be allowed by the
court or official by whom he was appointed, the reasonable
amount paid as premium for such bonds to the authorized
surety insurer or to the surplus line surety insurer which
issued or guaranteed such bonds. [1955 c 30 § 1. Prior: 1947
c 79 § .28.02; Rem. Supp. 1947 § 45.28.02.]
48.28.020
48.28.030 Judicial bonds—Premium as part of
recoverable costs. In any proceeding the party entitled to
recover costs may include therein such reasonable sum as
was paid to such surety insurer as premium for any bond or
undertaking required therein, and as may be allowed by the
court having jurisdiction of such proceeding. [1955 c 30 § 2.
Prior: 1947 c 79 § .28.03; Rem. Supp. 1947 § 45.28.03.]
48.28.030
Rules of court: Cf. RAP 14.3, 18.22.
48.28.040 Official bonds—Payment of premiums.
The premium for bonds given by such surety insurers for
appointive or elective public officers and for such of their
deputies or employees as are required to give bond shall be
paid by the state, political subdivision, or public body so
served. [1955 c 30 § 3. Prior: 1947 c 79 § .28.04; Rem. Supp.
1947 § 45.28.04.]
48.28.040
48.28.050 Release from liability. A surety insurer may
be released from its liability on the same terms and conditions
as are provided by law for the release of individuals as sureties. [1947 c 79 § .28.05; Rem. Supp. 1947 § 45.28.05.]
48.28.050
Chapter 48.29
Chapter 48.29 RCW
TITLE INSURERS
Sections
48.29.005
48.29.010
48.29.015
48.29.020
48.29.040
48.29.120
48.29.130
48.29.140
48.29.143
48.29.147
48.29.150
48.29.155
48.29.160
48.29.170
48.29.180
48.29.190
48.29.193
48.29.195
48.29.200
48.29.210
48.29.213
48.29.900
Administration of chapter—Rules.
Scope of chapter—Definitions.
Requirement to maintain records—Report to commissioner.
Certificate of authority—Qualifications.
May do business in two or more counties—Restrictions.
Reserve requirements.
Investments.
Premium rates—Required filings—Transition date set by rule.
Premium rates—Actuarily sound estimates.
Required filings—Information subject to review—Commissioner’s powers—Timing.
Taxation of title insurers.
Agent license—Financial responsibility—Definitions.
Agents—County tract indexes required.
Agents—Separate licenses for individuals not required.
Disclosure of energy conservation payment obligations—
Informational note—Liability.
Conducting business as escrow agent—Requirements—Violation, penalties.
Escrow services—Schedule of fees filed with commissioner.
Escrow services—Schedule of fees made available to public.
Prohibited practices.
Business inducements—Prohibited practices.
Return on ownership interest—Certain payments authorized.
Severability—2008 c 110.
48.29.005 Administration of chapter—Rules. The
commissioner may adopt rules to implement and administer
this chapter, including but not limited to:
(1) Establishing the information to be included in the
report required under RCW 48.29.015;
48.29.005
(2008 Ed.)
Title Insurers
(2) Establishing the information required for the filing of
rates for title insurance under RCW 48.29.147;
(3) Establishing standards which title insurance rate filings must satisfy under RCW 48.29.147;
(4) Establishing a date, which date shall not be earlier
than January 1, 2010, by which all title insurers selling policies in this state must file their rates with the commissioner
under RCW 48.29.143 and 48.29.147 rather than under RCW
48.29.140 and refile any rates that were in effect prior to the
date established by the commissioner; and
(5) Defining what things of value a title insurance insurer
or title insurance agent is permitted to give to any person in a
position to refer or influence the referral of title insurance
business under RCW 48.29.210(2). In adopting rules under
this subsection, the commissioner shall work with representatives of the title insurance and real estate industries and consumer groups in developing the rules. [2008 c 110 § 9.]
48.29.010 Scope of chapter—Definitions. (1) This
chapter relates only to title insurers for real property.
(2) This code does not apply to persons engaged in the
business of preparing and issuing abstracts of title to property
and certifying to their correctness so long as the persons do
not guarantee or insure the titles.
(3) For purposes of this chapter, unless the context
clearly requires otherwise:
(a) "Title policy" means any written instrument, contract,
or guarantee by means of which title insurance liability is
assumed.
(b) "Abstract of title" means a written representation,
provided under contract, whether written or oral, intended to
be relied upon by the person who has contracted for the
receipt of this representation, listing all recorded conveyances, instruments, or documents that, under the laws of the
state of Washington, impart constructive notice with respect
to the chain of title to the real property described. An abstract
of title is not a title policy as defined in this subsection.
(c) "Preliminary report," "commitment," or "binder"
means reports furnished in connection with an application for
title insurance and are offers to issue a title policy subject to
the stated exceptions in the reports, the conditions and stipulations of the report and the issued policy, and other matters
as may be incorporated by reference. The reports are not
abstracts of title, nor are any of the rights, duties, or responsibilities applicable to the preparation and issuance of an
abstract of title applicable to the issuance of any report. The
report is not a representation as to the condition of the title to
real property, but is a statement of terms and conditions upon
which the issuer is willing to issue its title policy, if the offer
is accepted.
(d) "Financial interest" means any interest, legal or beneficial, that entitles the holder directly or indirectly to any of
the net profits or net worth of the entity in which the interest
is held.
(e) "Producers of title insurance business" means real
estate agents and brokers, lawyers, mortgagees, mortgage
loan brokers, financial institutions, escrow agents, persons
who lend money for the purchase of real estate or interests
therein, building contractors, real estate developers and subdividers, and any other person who is or may be in a position
to influence the selection of a title insurer or title insurance
48.29.010
(2008 Ed.)
48.29.020
agent whether or not the consent or approval of any other person is sought or obtained with respect to the selection of the
title insurer or title insurance agent.
(f) "Associates of producers" means any person who has
one or more of the following relationships with a producer of
title insurance business:
(i) A spouse, parent, or child of a producer;
(ii) A corporation or business entity that controls, is controlled by, or is under common control with a producer;
(iii) An employer, employee, independent contractor,
officer, director, partner, franchiser, or franchisee of a producer; or
(iv) Anyone who has an agreement, arrangement, or
understanding with a producer, the purpose or substantial
effect of which is to enable the person in a position to influence the selection of a title insurer or title insurance agent to
benefit financially from the selection of the title insurer or
title insurance agent. [2008 c 110 § 1; 2005 c 223 § 14; 1997
c 14 § 1; 1947 c 79 § .29.01; Rem. Supp. 1947 § 45.29.01.]
48.29.015 Requirement to maintain records—Report
to commissioner. (1) A title insurance agent shall maintain
records of its title orders sufficient to indicate the source of
the title orders.
(2) Every title insurance agent shall file with the commissioner annually by March 15th of each year for the previous calendar year, unless the commissioner for good cause
shown extends the time for filing, a report, on a form prescribed by the commissioner, setting forth:
(a) The names and addresses of those persons, if any,
who have had a financial interest in the title insurance agent
during the calendar year, who are known or reasonably
believed by the title insurance agent to be producers of title
business or associates of producers; and
(b) The percent of title orders originating from each person who owns, or had owned during the preceding calendar
year, a financial interest in the title insurance agent.
(3) Each title insurance agent shall keep current the
information required by that portion of the report required by
subsection (2)(a) of this section by reporting all changes or
additions within fifteen days after the end of the month in
which it learns of each change or addition.
(4) Each title insurance agent shall file that portion of the
report required by subsection (2)(a) of this section with its
application for a license.
(5) Each title insurance agent licensed on June 12, 2008,
shall file the report required under this section within thirty
days after June 12, 2008. [2008 c 110 § 2.]
48.29.015
48.29.020 Certificate of authority—Qualifications.
A title insurer is not entitled to have a certificate of authority
unless:
(1) It is a stock corporation;
(2) It owns or leases and maintains a complete set of tract
indexes of the county in this state in which its principal office
is located; and
(3) It has and maintains the capital and surplus requirements set forth in RCW 48.05.340. [2005 c 223 § 15; 1990 c
76 § 1; 1955 c 86 § 12; 1947 c 79 § .29.02; Rem. Supp. 1947
§ 45.29.02.]
48.29.020
[Title 48 RCW—page 203]
48.29.040
Title 48 RCW: Insurance
Effective date—Supervision of transfers—1955 c 86: See notes following RCW 48.05.080.
48.29.040 May do business in two or more counties—
Restrictions. (1) Subject to the deposit requirements of
*RCW 48.29.030, a title insurer having its principal offices in
one county may be authorized to transact business in only
such additional counties as to which it owns or leases and
maintains, or has a duly authorized agent that owns or leases
and maintains, a complete set of tract indexes.
(2) A title insurer not authorized to transact business in a
certain county may purchase a title policy on property located
therein from another title insurer which is so authorized in
that county. The first title insurer may thereafter issue its own
policy of title insurance to the owner of such property. The
first title insurer may combine the insurance on the title of
such property in a single policy which also insures the title of
one or more other pieces of property. The first title insurer
must pay the full premium based on filed rates for the policy,
and must charge the precise same amount to its own customer
for the insurance as to the title of such property. A title
insurer using the authority granted by this subsection in a
transaction must so notify its customer. [1990 c 76 § 2; 1957
c 193 § 17; 1947 c 79 § .29.04; Rem. Supp. 1947 § 45.29.04.]
48.29.040
*Reviser’s note: RCW 48.29.030 was repealed by 2005 c 223 § 35.
48.29.120 Reserve requirements. In determining the
financial condition of a title insurer doing business under this
title, the general provisions of chapter 48.12 RCW requiring
the establishment of reserves sufficient to cover all known
and unknown liabilities including allocated and unallocated
loss adjustment expense apply, except that a title insurer shall
establish and maintain:
(1) A known claim reserve in an amount estimated to be
sufficient to cover all unpaid losses, claims, and allocated
loss adjustment expenses arising under title insurance policies, guaranteed certificates of title, guaranteed searches, and
guaranteed abstracts of title, and all unpaid losses, claims,
and allocated loss adjustment expenses for which the title
insurer may be liable, and for which the insurer has received
notice by or on behalf of the insured, holder of a guarantee or
escrow, or security depositor;
(2)(a) A statutory or unearned premium reserve consisting of:
(i) The amount of the special reserve fund that was
required prior to July 24, 2005, which balance must be
released in accordance with (b) of this subsection; and
(ii) Additions to the reserve after July 24, 2005, must be
made out of total charges for title insurance policies and guarantees written, as set forth in the title insurer’s most recent
annual statement on file with the commissioner, equal to the
sum of the following:
(A) For each title insurance policy on a single risk written or assumed after July 24, 2005, fifteen cents per one thousand dollars of net retained liability for policies under five
hundred thousand dollars; and
(B) For each title insurance policy on a single risk written or assumed after July 24, 2005, ten cents per one thousand
dollars of net retained liability for policies of five hundred
thousand or greater.
48.29.120
[Title 48 RCW—page 204]
(b) The aggregate of the amounts set aside in this reserve
in any calendar year pursuant to (a) of this subsection must be
released from the reserve and restored to net profits over a
period of twenty years under the following formula:
(i) Thirty-five percent of the aggregate sum on July 1st
of the year next succeeding the year of addition;
(ii) Fifteen percent of the aggregate sum on July 1st of
each of the succeeding two years;
(iii) Ten percent of the aggregate sum on July 1st of the
next succeeding year;
(iv) Three percent of the aggregate sum on July 1st of
each of the next three succeeding years;
(v) Two percent of the aggregate sum on July 1st of each
of the next three succeeding years; and
(vi) One percent of the aggregate sum on July 1st of each
of the next succeeding ten years.
(c) The insurer shall calculate an adjusted statutory
unearned premium reserve as of July 24, 2005. The adjusted
reserve is calculated as if (a)(ii) and (b) of this subsection had
been in effect for all years beginning twenty years prior to
July 24, 2005. For purposes of this calculation, the balance of
the reserve as of that date is deemed to be zero. If the
adjusted reserve so calculated exceeds the aggregate amount
set aside for statutory or unearned premiums in the insurer’s
annual statement on file with the commissioner on July 24,
2005, the insurer shall, out of total charges for policies of title
insurance, increase its statutory or unearned premium reserve
by an amount equal to one-sixth of that excess in each of the
succeeding six years, commencing with the calendar year that
includes July 24, 2005, until the entire excess has been added.
(d) The aggregate of the amounts set aside in this reserve
in any calendar year as adjustments to the insurer’s statutory
or unearned premium reserve under (c) of this subsection
shall be released from the reserve and restored to net profits,
or equity if the additions required by (c) of this subsection
reduced equity directly, over a period not exceeding ten years
under to the [under the] following table:
Year of Addition
Year 11
Year 2
Year 3
Year 4
Year 5
Year 6
Release
Equally over 10 years
Equally over 9 years
Equally over 8 years
Equally over 7 years
Equally over 6 years
Equally over 5 years
(The calendar year following July 24, 2005).
(3) A supplemental reserve shall be established consisting of any other reserves necessary, when taken in combination with the reserves required by subsections (1) and (2) of
this section, to cover the company’s liabilities with respect to
all losses, claims, and loss adjustment expenses.
(4) The supplemental reserve required under subsection
(3) of this section shall be phased in as follows: Twenty-five
percent of the otherwise applicable supplemental reserve is
required until December 31, 2006; fifty percent of the otherwise applicable supplemental reserve is required until
December 31, 2007; and seventy-five percent of the otherwise applicable supplemental reserve is required until
1
(2008 Ed.)
Title Insurers
December 31, 2008. [2005 c 223 § 16; 1947 c 79 § .29.12;
Rem. Supp. 1947 § 45.29.12.]
48.29.130 Investments. A domestic title insurer shall
invest its funds as follows:
(1) Funds in an amount not less than its reserve required
by RCW 48.29.120 must be kept invested in investments eligible for domestic life insurers.
(2) Other funds may be invested in:
(a) The insurer’s plant and equipment, up to a maximum
of fifty percent of capital plus surplus.
(b) Stocks and bonds of abstract companies when
approved by the commissioner.
(c) Investments eligible for the investment of funds of
any domestic insurer. [2005 c 223 § 17; 1967 c 150 § 30;
1947 c 79 § .29.13; Rem. Supp. 1947 § 45.29.13.]
48.29.130
48.29.140 Premium rates—Required filings—Transition date set by rule. (1) Premium rates for the insuring or
guaranteeing of titles shall not be excessive, inadequate, or
unfairly discriminatory.
(2) Each title insurer shall forthwith file with the commissioner a schedule showing the premium rates to be
charged by it. Every addition to or modification of such
schedule or of any rate therein contained shall likewise be
filed with the commissioner, and no such addition or modification shall be effective until expiration of fifteen days after
date of such filing.
(3) The commissioner may order the modification of any
premium rate or schedule of premium rates found by him or
her after a hearing to be excessive, or inadequate, or unfairly
discriminatory. No such order shall require retroactive modification.
(4) The commissioner shall by rule set a date, which
shall not be earlier than January 1, 2010, by which title insurers must file every manual of rules and rates, rating plan, rate
schedule, minimum rate, class rate, and rating rule, and every
modification of any of these filings, under RCW 48.29.143
and 48.29.147, rather than under this section. [2008 c 110 §
8; 1947 c 79 § .29.14; Rem. Supp. 1947 § 45.29.14.]
48.29.140
48.29.143 Premium rates—Actuarily sound estimates. (1) Premium rates for the insuring or guaranteeing of
titles shall not be excessive, inadequate, or unfairly discriminatory.
(2) A rate is not excessive, inadequate, or unfairly discriminatory if it is an actuarially sound estimate of the
expected value of all future costs associated with an individual risk transfer. Such costs include claims, claim settlement
expenses, operational and administrative expenses, and the
cost of capital. [2008 c 110 § 4.]
48.29.143
48.29.147 Required filings—Information subject to
review—Commissioner’s powers—Timing. (1) Every title
insurer shall, before using, file with the commissioner every
manual of title insurance rules and rates, rating plan, rate
schedule, minimum rate, class rate, and rating rule, and every
modification of any of the filings under this subsection which
it proposes.
48.29.147
(2008 Ed.)
48.29.147
(2) Every filing shall be accompanied by sufficient information to permit the commissioner to determine whether the
filing meets the requirements of RCW 48.29.143.
(3) Data used to justify title insurance rates may not
include escrow income or expenses. The title insurance company shall include a detailed explanation showing how
expenses are allocated between the title operations and
escrow operations of the insurer or title insurance agent.
(4) Every such filing shall state its proposed effective
date.
(5) The commissioner shall review a filing as soon as
reasonably possible after it is received, to determine whether
it meets the requirements of RCW 48.29.143.
(6) The filing’s proposed effective date shall be no earlier than thirty days after the date on which the filing is
received by the commissioner. By giving notice to the
insurer within this thirty days, the commissioner may extend
this waiting period for an additional period not to exceed an
additional fifteen days. The commissioner may, upon application and for cause shown, waive part or all of the waiting
period with respect to a filing the commissioner has not disapproved. If the commissioner does not disapprove the filing
during the waiting period, the filing takes effect on its proposed effective date.
(7) If within the waiting period or any extension thereof
as provided in subsection (6) of this section, the commissioner finds that a filing does not meet the requirements of
RCW 48.29.143 or the requirements of subsections (2)
through (4) of this section, the commissioner shall disapprove
the filing and shall give notice to the insurer that the filing has
been disapproved. This notice shall specify the respect in
which the commissioner finds the filing fails to meet the
requirements and shall state that the filing does not become
effective as proposed.
(8) If a filing is not disapproved by the commissioner
within the waiting period or any extension thereof, the filing
becomes effective as proposed.
(9) A filing made under this section is exempt from
RCW 48.02.120(3). However, the filing and all supporting
information accompanying it is open to public inspection
only after the filing becomes effective.
(10) A title insurer or title insurance agent shall not make
or issue a title insurance contract or policy, or use or collect
any premium on or after a date set by the commissioner by
rule, which date shall not be any earlier than January 1, 2010,
except in accordance with rates and rules filed with the commissioner as required by this section.
(11) If at any time subsequent to the applicable review
period provided for in subsection (6) of this section, the commissioner has reason to believe that a title insurer’s rates do
not meet the requirements of RCW 48.29.143 or are otherwise contrary to law, or if any person having an interest in the
rates makes a written complaint to the commissioner setting
forth specific and reasonable grounds for the complaint and
requests a hearing, or if any insurer upon notice of the commissioner’s disapproval of a filing made under this section
requests a hearing, the commissioner shall hold a hearing
within thirty days and shall, in advance of it, give written
notice of the hearing to all parties in interest. The commissioner may, by issuing an order, confirm, modify, change, or
rescind any previous action, if it is warranted by the facts
[Title 48 RCW—page 205]
48.29.150
Title 48 RCW: Insurance
shown at the hearing. The order shall not affect any contract
or policy made or issued prior to a reasonable period of time,
to be specified in the order, after the order is issued.
(12) In any hearing regarding rates filed under this chapter the burden shall be upon the title insurer to prove by a preponderance of the evidence that the rates comply with RCW
48.29.143. [2008 c 110 § 5.]
48.29.150
48.29.150 Taxation of title insurers. Title insurers and
their property shall be taxed by this state in accordance with
the general laws relating to taxation, and not otherwise.
[1947 c 79 § .29.15; Rem. Supp. 1947 § 45.29.15.]
48.29.155
48.29.155 Agent license—Financial responsibility—
Definitions. (1) At the time of filing an application for a title
insurance agent license, or any renewal or reinstatement of a
title insurance agent license, the applicant shall provide satisfactory evidence to the commissioner of having obtained the
following as evidence of financial responsibility:
(a) A fidelity bond or fidelity insurance providing coverage in the aggregate amount of two hundred thousand dollars
with a deductible no greater than ten thousand dollars covering the applicant and each corporate officer, partner, escrow
officer, and employee of the applicant conducting the business of an escrow agent as defined in RCW 18.44.011 and
exempt from licensing under RCW 18.44.021(6), or a guarantee from a licensed title insurance company as authorized
by subsection (5) of this section; and
(b) A surety bond in the amount of ten thousand dollars
executed by the applicant as obligor and by a surety company
authorized, or eligible under chapter 48.15 RCW, to do a
surety business in this state as surety, or some other security
approved by the commissioner, unless the fidelity bond or
fidelity insurance obtained by the licensee to satisfy the
requirement in (a) of this subsection does not have a deductible. The bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or
persons who suffer loss by reason of the applicant’s or its
employee’s violation of this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to
and abide by this chapter and all rules adopted under this
chapter, and shall reimburse all persons who suffer loss by
reason of a violation of this chapter or rules adopted under
this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to
the commissioner of its intent to cancel the bond. The cancellation shall be effective thirty days after the notice is received
by the commissioner. Whether or not the bond is renewed,
continued, reinstated, reissued, or otherwise extended,
replaced, or modified, including increases or decreases in the
penal sum, it shall be considered one continuous obligation,
and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth on the face of
the bond. In no event shall the penal sum, or any portion
thereof, at two or more points in time be added together in
determining the surety’s liability. The bond is not liable for
any penalties imposed on the licensee, including but not limited to any increased damages or attorneys’ fees, or both,
awarded under RCW 19.86.090.
[Title 48 RCW—page 206]
(2) For the purposes of this section, a "fidelity bond"
means a primary commercial blanket bond or its equivalent
satisfactory to the commissioner and written by an insurer
authorized, or eligible under chapter 48.15 RCW, to transact
this line of business in the state of Washington. The bond
shall provide fidelity coverage for any fraudulent or dishonest acts committed by any one or more of the employees,
officers, or owners as defined in the bond, acting alone or in
collusion with others. The bond shall be for the sole benefit
of the title insurance agent and under no circumstances whatsoever shall the bonding company be liable under the bond to
any other party. The bond shall name the title insurance
agent as obligee and shall protect the obligee against the loss
of money or other real or personal property belonging to the
obligee, or in which the obligee has a pecuniary interest, or
for which the obligee is legally liable or held by the obligee
in any capacity, whether the obligee is legally liable therefor
or not. The bond may be canceled by the insurer upon delivery of thirty days’ written notice to the commissioner and to
the title insurance agent.
(3) For the purposes of this section, "fidelity insurance"
means employee dishonesty insurance or its equivalent satisfactory to the commissioner and written by an insurer authorized, or eligible under chapter 48.15 RCW, to transact this
line of business in the state of Washington. The insurance
shall provide coverage for any fraudulent or dishonest acts
committed by any one or more of the employees, officers, or
owners as defined in the policy of insurance, acting alone or
in collusion with others. The insurance shall be for the sole
benefit of the title insurance agent and under no circumstances whatsoever shall the insurance company be liable
under the insurance to any other party. The insurance shall
name the title insurance agent as the named insured and shall
protect the named insured against the loss of money or other
real or personal property belonging to the named insured, or
in which the named insured has a pecuniary interest, or for
which the named insured is legally liable or held by the
named insured in any capacity, whether the named insured is
legally liable therefor or not. The insurance coverage may be
canceled by the insurer upon delivery of thirty days’ written
notice to the commissioner and to the title insurance agent.
(4) The fidelity bond or fidelity insurance, and the surety
bond or other form of security approved by the commissioner, shall be kept in full force and effect as a condition precedent to the title insurance agent’s authority to transact business in this state, and the title insurance agent shall supply the
commissioner with satisfactory evidence thereof upon
request.
(5) A title insurance company authorized to do business
in Washington under RCW 48.05.030 may provide a guarantee in a form satisfactory to the commissioner accepting
financial responsibility, up to the aggregate amount of two
hundred thousand dollars, for any fraudulent or dishonest acts
committed by any one or more of the employees, officers, or
owners of a title insurance agent that is appointed as the title
insurance company’s agent. A title insurance company providing a guarantee as permitted under this subsection may
only do so on behalf of its properly appointed title insurance
agents. If the title insurance agent is an agent for two or more
title insurance companies, any liability under the guarantee
shall be borne by the title insurance company for those
(2008 Ed.)
Title Insurers
escrows for which a title insurance commitment or policy
was issued on behalf of that title insurance company. If no
commitment or policy was issued regarding the escrow for
which moneys were lost, including but not limited to collection escrows, each title insurance company, for which the
agent was appointed at the time of the fraudulent or dishonest
act, shares in the liability. The liability will be shared proportionally, as follows: The premium the agent remitted to the
title insurance company in the year prior to the fraudulent or
dishonest act will be compared to the total premium the agent
remitted to all title insurance companies, for whom the title
insurance agent was appointed, during the same period.
(6) All title insurance agents licensed on or before July
24, 2005, shall comply with this section within thirty days
following July 24, 2005. [2005 c 115 § 1; 2003 c 202 § 1.]
48.29.160 Agents—County tract indexes required.
To be licensed as [an] agent of a title insurer, the applicant
must own or lease and maintain a complete set of tract
indexes of the county or counties in which such agent will do
business. [1981 c 223 § 1.]
48.29.160
48.29.170 Agents—Separate licenses for individuals
not required. Title insurance agents are exempt from the
provisions of *RCW 48.17.180(1) that require that each individual empowered to exercise the authority of a licensed firm
or corporation must be separately licensed. [2005 c 223 § 18;
1981 c 223 § 2.]
48.29.170
*Reviser’s note: RCW 48.17.180 was amended by 2007 c 117 § 15,
deleting subsection (1), effective July 1, 2009.
48.29.180 Disclosure of energy conservation payment
obligations—Informational note—Liability. The existence of notices of payment obligations in RCW 80.28.065
may be disclosed as an informational note to a preliminary
commitment for policy of title insurance. Neither the inclusion nor the exclusion of any such informational note shall
create any liability against such title insurer under any preliminary commitment for title insurance, policy or otherwise.
[1993 c 245 § 4.]
48.29.180
Findings—Intent—1993 c 245: See note following RCW 80.28.065.
48.29.190 Conducting business as escrow agent—
Requirements—Violation, penalties. (1) Every title insurance company and title insurance agent conducting the business of an escrow agent as defined in RCW 18.44.011 and
exempt from licensing under RCW 18.44.021(6) shall:
(a) Keep adequate records, as determined by rule by the
insurance commissioner, of all transactions handled by the
title insurance company or title insurance agent, including
itemization of all receipts and disbursements of each transaction. These records shall be maintained in this state, unless
otherwise approved by the insurance commissioner, for a
period of six years from completion of the transaction. These
records shall be open to inspection by the insurance commissioner or his or her authorized representatives;
(b) Keep separate escrow fund account or accounts in a
recognized Washington state depositary or depositaries
authorized to receive funds, in which shall be kept separate
and apart and segregated from the title insurance company or
48.29.190
(2008 Ed.)
48.29.193
title insurance agent’s own funds, all funds or moneys of clients which are being held by the title insurance company or
title insurance agent pending the closing of a transaction and
such funds shall be deposited not later than the first banking
day following receipt thereof; and
(c) Not make disbursements on any escrow account
without first receiving deposits directly relating to the
account in amounts at least equal to the disbursements. A title
insurance company or title insurance agent shall not make
disbursements until the next business day after the business
day on which the funds are deposited unless the deposit is
made in cash, by interbank electronic transfer, or in a form
that permits conversion of the deposit to cash on the same day
the deposit is made. The deposits shall be in one of the following forms:
(i) Cash;
(ii) Interbank electronic transfers such that the funds are
unconditionally received by the title insurance company or
the title insurance agent or the title insurance company or title
insurance agent’s depository;
(iii) Checks, negotiable orders of withdrawal, money
orders, cashier’s checks, and certified checks that are payable
in Washington state and drawn on financial institutions
located in Washington state;
(iv) Checks, negotiable orders of withdrawal, money
orders, and any other item that has been finally paid as
described in RCW 62A.4-213 before any disbursement; or
(v) Any depository check, including any cashier’s check,
certified check, or teller’s check, which is governed by the
provisions of the federal expedited funds availability act, 12
U.S.C. Sec. 4001 et seq.
(2) For purposes of this section, "item" means any instrument for the payment of money even though it is not negotiable, but does not include money.
(3) Violation of this section shall subject a title insurance
company or title insurance agent to penalties as prescribed in
Title 9A RCW and remedies as provided in chapter 19.86
RCW and shall constitute grounds for suspension or revocation of the certificate of authority of a title insurance company or the license of a title insurance agent. In addition, a
violation of this section may subject a title insurance company or a title insurance agent to penalties as prescribed in
this title. [1999 c 30 § 34.]
48.29.193 Escrow services—Schedule of fees filed
with commissioner. (1) Each title insurer and title insurance
agent shall immediately file with the commissioner a schedule of its fees for providing escrow services.
(2) The schedule shall:
(a) Be dated to show the date the fees for providing
escrow services are to become effective, which date shall be
no earlier than fifteen days after the schedule has been filed
with the commissioner; and
(b) Set forth the total fees for providing escrow services
by clearly stating the amounts to be charged for the escrow
services, the manner in which the fees for the escrow services
are to be determined, and any charges that will be charged to
the consumer that are not included in the total escrow fee.
[2008 c 110 § 6.]
48.29.193
[Title 48 RCW—page 207]
48.29.195
Title 48 RCW: Insurance
48.29.195 Escrow services—Schedule of fees made
available to public. (1) Each title insurer and title insurance
agent shall make available to the public schedules of its currently effective title insurance premiums and fees for providing escrow services.
(2) The schedules shall:
(a) Be dated to show the date the title insurance premiums or fees for providing escrow services became effective;
(b) Be made available to the public during normal business hours in each office of the title insurer and its appointed
title insurance agents in this state;
(c) Be made available on the title insurer’s and title
insurance agent’s web site, if the title insurer or title insurance agent has a web site;
(d) Set forth the total title insurance premium charged for
the title insurance policy issued by the title insurer either by
stating the premium for each title insurance policy in given
amounts of coverage, or by stating the charge per unit amount
of coverage, or by a combination of the two; and
(e) Set forth the total fees for providing escrow services
by clearly stating the amounts to be charged for the escrow
services, the manner in which the fees for the escrow services
are to be determined, and any charges that will be charged to
the consumer that are not included in the total escrow fee.
(3) Each title insurer and title insurance agent shall keep
a complete file of its schedules of title insurance premiums
and fees for providing escrow services and all changes and
amendments to those schedules until at least one year after
they have ceased to be in effect. [2008 c 110 § 7.]
48.29.195
(8) Willfully fail to make any proper entry in the books
of the escrow business as required by law;
(9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, or employees the receipt of
service of a notice of an application for an injunction or other
legal process affecting the property or business of a title
insurance company or title insurance agent conducting an
escrow business, including an order to cease and desist or
other order of the insurance commissioner; or
(10) Fail to make any report or statement lawfully
required by the insurance commissioner or other public official. [1999 c 30 § 35.]
48.29.210 Business inducements—Prohibited practices. (1) A title insurer, title insurance agent, or employee,
agent, or other representative of a title insurer or title insurance agent shall not, directly or indirectly, give any fee, kickback, or other thing of value to any person as an inducement,
payment, or reward for placing business, referring business,
or causing title insurance business to be given to either the
title insurer, or title insurance agent, or both.
(2) A title insurer, title insurance agent, or employee,
agent, or other representative of a title insurer or title insurance agent shall not, directly or indirectly, give anything of
value to any person in a position to refer or influence the
referral of title insurance business to either the title insurance
company or title insurance agent, or both, except as permitted
under rules adopted by the commissioner. [2008 c 110 § 3.]
48.29.210
48.29.213 Return on ownership interest—Certain
payments authorized. (1) RCW 48.29.210, 18.85.053,
18.44.305, or 19.146.103 does not make unlawful the payment by a title insurer or title insurance agent and the receipt
by a producer of title insurance business of a return on ownership interest in the title insurer or title insurance agent.
(2) A return on ownership interest may include:
(a) Bona fide dividends, and capital or equity distributions, related to ownership interest or franchise relationship,
between entities in an affiliated relationship; and
(b) Bona fide business loans, advances, and capital or
equity contributions between entities in an affiliate relationship (in any direction), so long as they are for ordinary business purposes and are not fees for the referral of settlement
service business or unearned fees.
(3) A return on ownership interest does not include:
(a) Any payment which has a basis of calculation of no
apparent business motive other than distinguishing among
recipients of payments on the basis of the amount of their
actual, estimated, or anticipated referrals;
(b) Any payment which varies according to the relative
amount of referrals by the different recipients of similar payments; or
(c) A payment based on an ownership, partnership, or
joint venture share which has been adjusted on the basis of
previous relative referrals by recipients of similar payments.
[2008 c 110 § 13.]
48.29.213
48.29.200 Prohibited practices. It is a violation of this
chapter for any title insurance company and title insurance
agent in the conduct of the business of an escrow agent as
defined in RCW 18.44.011 and exempt from licensing under
RCW 18.44.021(6) to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the conduct of the
business of escrow, or relative to the business of escrow or
relative to any person engaged therein;
(5) Knowingly receive or take possession for personal
use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud,
omit to make, or cause or direct to be made, a full and true
entry thereof in the books and accounts of the title insurance
company or title insurance agent;
(6) Make or concur in making any false entry, or omit or
concur in omitting to make any material entry, in its books or
accounts;
(7) Knowingly make or publish, or concur in making or
publishing any written report, exhibit, or statement of its
affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein;
48.29.200
[Title 48 RCW—page 208]
48.29.900 Severability—2008 c 110. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
48.29.900
(2008 Ed.)
Unfair Practices and Frauds
provision to other persons or circumstances is not affected.
[2008 c 110 § 14.]
Chapter 48.30
Chapter 48.30 RCW
UNFAIR PRACTICES AND FRAUDS
Sections
48.30.010
48.30.015
48.30.020
48.30.030
48.30.040
48.30.050
48.30.060
48.30.070
48.30.075
48.30.080
48.30.090
48.30.100
48.30.110
48.30.120
48.30.130
48.30.140
48.30.150
48.30.155
48.30.157
48.30.170
48.30.180
48.30.190
48.30.200
48.30.210
48.30.220
48.30.230
48.30.240
48.30.250
48.30.260
48.30.270
48.30.300
48.30.310
48.30.320
48.30.330
48.30.340
Unfair practices in general—Remedies and penalties.
Unreasonable denial of a claim for coverage or payment of
benefits.
Anticompact law.
False financial statements.
False information and advertising.
Advertising must show name and domicile.
Insurer name—Deceptive use prohibited.
Advertising of financial condition.
Using existence of insurance guaranty associations in advertising, etc., to sell insurance.
Defamation of insurer.
Misrepresentation of policies.
Dividends not to be guaranteed.
Contributions to candidates for insurance commissioner.
Misconduct of officers, employees.
Presumption of knowledge of director.
Rebating.
Illegal inducements.
Life or disability insurers—Insurance as inducement to purchase of goods, etc.
Charges for extra services.
Rebate—Acceptance prohibited.
"Twisting" prohibited.
Illegal dealing in premiums.
Hypothecation of premium notes.
Misrepresentation in application for insurance.
Destruction, injury, secretion, etc., of property.
False claims or proof—Penalty.
Rate wars prohibited.
Interlocking ownership, management.
Right of debtor or borrower to select agent, broker, insurer.
Public building or construction contracts—Surety bonds or
insurance—Violations concerning—Exemption.
Unfair discrimination, generally.
Commercial motor vehicle employment driving record not to
be considered, when.
Notice of reason for cancellation, restrictions based on handicaps.
Immunity from libel or slander.
Auto glass repair—Restrictions on insurer-owned facilities.
48.30.015
practice in the conduct of insurance to be unfair or deceptive
and shall include a statement outlining these reasons as part
of the adopted rule.
(b) The commissioner shall include a detailed description of facts upon which he or she relied and of facts upon
which he or she failed to rely, in defining the method of competition or other act or practice in the conduct of insurance to
be unfair or deceptive, in the concise explanatory statement
prepared under RCW 34.05.325(6).
(c) Upon appeal the superior court shall review the findings of fact upon which the regulation is based de novo on the
record.
(4) No such regulation shall be made effective prior to
the expiration of thirty days after the date of the order by
which it is promulgated.
(5) If the commissioner has cause to believe that any person is violating any such regulation, the commissioner may
order such person to cease and desist therefrom. The commissioner shall deliver such order to such person direct or
mail it to the person by registered mail with return receipt
requested. If the person violates the order after expiration of
ten days after the cease and desist order has been received by
him or her, he or she may be fined by the commissioner a sum
not to exceed two hundred and fifty dollars for each violation
committed thereafter.
(6) If any such regulation is violated, the commissioner
may take such other or additional action as is permitted under
the insurance code for violation of a regulation.
(7) An insurer engaged in the business of insurance may
not unreasonably deny a claim for coverage or payment of
benefits to any first party claimant. "First party claimant" has
the same meaning as in RCW 48.30.015. [2007 c 498 § 2
(Referendum Measure No. 67, approved November 6, 2007);
1997 c 409 § 107; 1985 c 264 § 13; 1973 1st ex.s. c 152 § 6;
1965 ex.s. c 70 § 24; 1947 c 79 § .30.01; Rem. Supp. 1947 §
45.30.01.]
Short title—2007 c 498: See note following RCW 48.30.015.
Discrimination prohibited: RCW 48.18.480.
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
48.30.010 Unfair practices in general—Remedies
and penalties. (1) No person engaged in the business of
insurance shall engage in unfair methods of competition or in
unfair or deceptive acts or practices in the conduct of such
business as such methods, acts, or practices are defined pursuant to subsection (2) of this section.
(2) In addition to such unfair methods and unfair or
deceptive acts or practices as are expressly defined and prohibited by this code, the commissioner may from time to time
by regulation promulgated pursuant to chapter 34.05 RCW,
define other methods of competition and other acts and practices in the conduct of such business reasonably found by the
commissioner to be unfair or deceptive after a review of all
comments received during the notice and comment rule-making period.
(3)(a) In defining other methods of competition and
other acts and practices in the conduct of such business to be
unfair or deceptive, and after reviewing all comments and
documents received during the notice and comment rulemaking period, the commissioner shall identify his or her reasons for defining the method of competition or other act or
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.30.010
(2008 Ed.)
48.30.015 Unreasonable denial of a claim for coverage or payment of benefits. (1) Any first party claimant to
a policy of insurance who is unreasonably denied a claim for
coverage or payment of benefits by an insurer may bring an
action in the superior court of this state to recover the actual
damages sustained, together with the costs of the action,
including reasonable attorneys’ fees and litigation costs, as
set forth in subsection (3) of this section.
(2) The superior court may, after finding that an insurer
has acted unreasonably in denying a claim for coverage or
payment of benefits or has violated a rule in subsection (5) of
this section, increase the total award of damages to an amount
not to exceed three times the actual damages.
(3) The superior court shall, after a finding of unreasonable denial of a claim for coverage or payment of benefits, or
after a finding of a violation of a rule in subsection (5) of this
section, award reasonable attorneys’ fees and actual and statutory litigation costs, including expert witness fees, to the
48.30.015
[Title 48 RCW—page 209]
48.30.020
Title 48 RCW: Insurance
first party claimant of an insurance contract who is the prevailing party in such an action.
(4) "First party claimant" means an individual, corporation, association, partnership, or other legal entity asserting a
right to payment as a covered person under an insurance policy or insurance contract arising out of the occurrence of the
contingency or loss covered by such a policy or contract.
(5) A violation of any of the following is a violation for
the purposes of subsections (2) and (3) of this section:
(a) WAC 284-30-330, captioned "specific unfair claims
settlement practices defined";
(b) WAC 284-30-350, captioned "misrepresentation of
policy provisions";
(c) WAC 284-30-360, captioned "failure to acknowledge
pertinent communications";
(d) WAC 284-30-370, captioned "standards for prompt
investigation of claims";
(e) WAC 284-30-380, captioned "standards for prompt,
fair and equitable settlements applicable to all insurers"; or
(f) An unfair claims settlement practice rule adopted
under RCW 48.30.010 by the insurance commissioner
intending to implement this section. The rule must be codified in chapter 284-30 of the Washington Administrative
Code.
(6) This section does not limit a court’s existing ability to
make any other determination regarding an action for an
unfair or deceptive practice of an insurer or provide for any
other remedy that is available at law.
(7) This section does not apply to a health plan offered
by a health carrier. "Health plan" has the same meaning as in
RCW 48.43.005. "Health carrier" has the same meaning as in
RCW 48.43.005.
(8)(a) Twenty days prior to filing an action based on this
section, a first party claimant must provide written notice of
the basis for the cause of action to the insurer and office of the
insurance commissioner. Notice may be provided by regular
mail, registered mail, or certified mail with return receipt
requested. Proof of notice by mail may be made in the same
manner as prescribed by court rule or statute for proof of service by mail. The insurer and insurance commissioner are
deemed to have received notice three business days after the
notice is mailed.
(b) If the insurer fails to resolve the basis for the action
within the twenty-day period after the written notice by the
first party claimant, the first party claimant may bring the
action without any further notice.
(c) The first party claimant may bring an action after the
required period of time in (a) of this subsection has elapsed.
(d) If a written notice of claim is served under (a) of this
subsection within the time prescribed for the filing of an
action under this section, the statute of limitations for the
action is tolled during the twenty-day period of time in (a) of
this subsection. [2007 c 498 § 3 (Referendum Measure No.
67, approved November 6, 2007).]
Short title—2007 c 498: "This act may be known and cited as the
insurance fair conduct act." [2007 c 498 § 1.]
48.30.020 Anticompact law. (1) No person shall either
within or outside of this state enter into any contract, understanding or combination with any other person to do jointly
48.30.020
[Title 48 RCW—page 210]
or severally any act or engage in any practice for the purpose
of
(a) controlling the rates to be charged for insuring any
risk or any class of risks in this state; or
(b) unfairly discriminating against any person in this
state by reason of his plan or method of transacting insurance,
or by reason of his affiliation or nonaffiliation with any insurance organization; or
(c) establishing or perpetuating any condition in this
state detrimental to free competition in the business of insurance or injurious to the insuring public.
(2) This section shall not apply relative to ocean marine
and foreign trade insurances.
(3) This section shall not be deemed to prohibit the doing
of things permitted to be done in accordance with the provisions of chapter 48.19 RCW of this code.
(4) Whenever the commissioner has knowledge of any
violation of this section he shall forthwith order the offending
person to discontinue such practice immediately or show
cause to the satisfaction of the commissioner why such order
should not be complied with. If the offender is an insurer or a
licensee under this code and fails to comply with such order
within thirty days after receipt thereof, the commissioner may
forthwith revoke the offender’s certificate of authority or
licenses. [1947 c 79 § .30.02; Rem. Supp. 1947 § 45.30.02.]
48.30.030 False financial statements. No person shall
knowingly file with any public official nor knowingly make,
publish, or disseminate any financial statement of an insurer
which does not accurately state the insurer’s financial condition. [1947 c 79 § .30.03; Rem. Supp. 1947 § 45.30.03.]
48.30.030
48.30.040 False information and advertising. No person shall knowingly make, publish, or disseminate any false,
deceptive or misleading representation or advertising in the
conduct of the business of insurance, or relative to the business of insurance or relative to any person engaged therein.
[1947 c 79 § .30.04; Rem. Supp. 1947 § 45.30.04.]
48.30.040
48.30.050 Advertising must show name and domicile.
Every advertisement of, by, or on behalf of an insurer shall
set forth the name in full of the insurer and the location of its
home office or principal office, if any, in the United States (if
an alien insurer). [1947 c 79 § .30.05; Rem. Supp. 1947 §
45.30.05.]
48.30.050
48.30.060 Insurer name—Deceptive use prohibited.
No person who is not an insurer shall assume or use any name
which deceptively infers or suggests that it is an insurer.
[1947 c 79 § .30.06; Rem. Supp. 1947 § 45.30.06.]
48.30.060
48.30.070 Advertising of financial condition. (1)
Every advertisement by or on behalf of any insurer purporting to show its financial condition may be in a condensed
form but shall in substance correspond with the insurer’s last
verified statement filed with the commissioner.
(2) No insurer or person in its behalf shall advertise
assets except those actually owned and possessed by the
insurer in its own exclusive right, available for the payment
of losses and claims, and held for the protection of its policy48.30.070
(2008 Ed.)
Unfair Practices and Frauds
holders and creditors. [1947 c 79 § .30.07; Rem. Supp. 1947
§ 45.30.07.]
48.30.075 Using existence of insurance guaranty
associations in advertising, etc., to sell insurance. No person shall make, publish, disseminate, circulate, or place
before the public, or cause, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication, or in the
form of a notice, circular, pamphlet, letter, or poster, or over
any radio station or television station, or in any other way,
any advertisement, announcement, or statement which uses
the existence of the Washington Insurance Guaranty Association or the Washington Life and Disability Insurance Guaranty Association for the purpose of sales, solicitation, or
inducement to purchase any form of insurance covered by the
Washington Insurance Guaranty Association Act or the
Washington Life and Disability Insurance Guaranty Association Act. [1975-’76 2nd ex.s. c 109 § 9.]
48.30.075
48.30.080 Defamation of insurer. No person shall
make, publish, or disseminate, or aid, abet or encourage the
making, publishing, or dissemination of any information or
statement which is false or maliciously critical and which is
designed to injure in its reputation or business any authorized
insurer or any domestic corporation or reciprocal being
formed pursuant to this code for the purpose of becoming an
insurer. [1947 c 79 § .30.08; Rem. Supp. 1947 § 45.30.08.]
48.30.080
48.30.090 Misrepresentation of policies. No person
shall make, issue or circulate, or cause to be made, issued or
circulated any misrepresentation of the terms of any policy or
the benefits or advantages promised thereby, or the dividends
or share of surplus to be received thereon, or use any name or
title of any policy or class of policies misrepresenting the
nature thereof. [1947 c 79 § .30.09; Rem. Supp. 1947 §
45.30.09.]
48.30.090
48.30.100 Dividends not to be guaranteed. (Effective
until July 1, 2009.) No insurer, agent, broker, solicitor, or
other person, shall guarantee or agree to the payment of
future dividends or future refunds of unused premiums or
savings in any specific or approximate amounts or percentages on account of any insurance contract. [1947 c 79 §
.30.10; Rem. Supp. 1947 § 45.30.10.]
48.30.100
48.30.100 Dividends not to be guaranteed. (Effective
July 1, 2009.) No insurer, insurance producer, title insurance
agent, or other person shall guarantee or agree to the payment
of future dividends or future refunds of unused premiums or
savings in any specific or approximate amounts or percentages on account of any insurance contract. [2008 c 217 § 34;
1947 c 79 § .30.10; Rem. Supp. 1947 § 45.30.10.]
48.30.100
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.110 Contributions to candidates for insurance
commissioner. (1) No insurer or fraternal benefit society
doing business in this state shall directly or indirectly pay or
use, or offer, consent, or agree to pay or use any money or
48.30.110
(2008 Ed.)
48.30.130
thing of value for or in aid of any candidate for the office of
insurance commissioner; nor for reimbursement or indemnification of any person for money or property so used.
(2) Any individual who violates any provision of this
section, or who participates in, aids, abets, advises, or consents to any such violation, or who solicits or knowingly
receives any money or thing of value in violation of this section, shall be guilty of a gross misdemeanor and shall be liable to the insurer or society for the amount so contributed or
received. [1982 c 181 § 18; 1947 c 79 § .30.11; Rem. Supp.
1947 § 45.30.11.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.30.120 Misconduct of officers, employees. No
director, officer, agent, attorney-in-fact, or employee of an
insurer shall:
(1) Knowingly receive or possess himself of any of its
property, otherwise than in payment for a just demand, and
with intent to defraud, omit to make or to cause or direct to be
made, a full and true entry thereof in its books and accounts;
nor
(2) Make or concur in making any false entry, or concur
in omitting to make any material entry, in its books or
accounts; nor
(3) Knowingly concur in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition containing any material statement which is false, or
omit or concur in omitting any statement required by law to
be contained therein; nor
(4) Having the custody or control of its books, wilfully
fail to make any proper entry in the books of the insurer as
required by law, or to exhibit or allow the same to be
inspected and extracts to be taken therefrom by any person
entitled by law to inspect the same, or take extracts therefrom; nor
(5) If a notice of an application for an injunction or other
legal process affecting or involving the property or business
of the insurer is served upon him, fail to disclose the fact of
such service and the time and place of such application to the
other directors, officers, and managers thereof; nor
(6) Fail to make any report or statement lawfully
required by a public officer. [1947 c 79 § .30.12; Rem. Supp.
1947 § 45.30.12.]
48.30.120
48.30.130 Presumption of knowledge of director. A
director of an insurer is deemed to have such knowledge of its
affairs as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of any provision of this chapter. If present at a meeting of directors at
which any act, proceeding, or omission of its directors which
is a violation of any such provision occurs, he must be
deemed to have concurred therein unless at the time he causes
or in writing requires his dissent therefrom to be entered on
the minutes of the directors.
If absent from such meeting, he must be deemed to have
concurred in any such violation if the facts constituting such
violation appear on the records or minutes of the proceedings
of the board of directors, and he remains a director of the
insurer for six months thereafter without causing or in writing
requiring his dissent from such violation to be entered upon
48.30.130
[Title 48 RCW—page 211]
48.30.140
Title 48 RCW: Insurance
such record or minutes. [1947 c 79 § .30.13; Rem. Supp.
1947 § 45.30.13.]
48.30.140 Rebating. (Effective until July 1, 2009.) (1)
Except to the extent provided for in an applicable filing with
the commissioner then in effect, no insurer, general agent,
agent, broker, or solicitor shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, give, set off, or pay to the
insured or to any employee of the insured, any rebate, discount, abatement, or reduction of premium or any part
thereof named in any insurance contract, or any commission
thereon, or earnings, profits, dividends, or other benefit, or
any other valuable consideration or inducement whatsoever
which is not expressly provided for in the policy.
(2) Subsection (1) of this section shall not apply as to
commissions paid to a licensed agent, general agent, broker,
or solicitor for insurance placed on that person’s own property or risks.
(3) This section shall not apply to the allowance by any
marine insurer, or marine insurance agent, general agent, broker, or solicitor, to any insured, in connection with marine
insurance, of such discount as is sanctioned by custom among
marine insurers as being additional to the agent’s or broker’s
commission.
(4) This section shall not apply to advertising or promotional programs conducted by insurers, agents, or brokers
whereby prizes, goods, wares, or merchandise, not exceeding
twenty-five dollars in value per person in the aggregate in any
twelve month period, are given to all insureds or prospective
insureds under similar qualifying circumstances.
(5) This section does not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided in
RCW 48.17.270. [1994 c 203 § 3; 1990 1st ex.s. c 3 § 8; 1985
c 264 § 14; 1975-’76 2nd ex.s. c 119 § 3; 1947 c 79 § .30.14;
Rem. Supp. 1947 § 45.30.14.]
48.30.140
48.30.140 Rebating. (Effective July 1, 2009.) (1)
Except to the extent provided for in an applicable filing with
the commissioner then in effect, no insurer, insurance producer, or title insurance agent shall, as an inducement to
insurance, or after insurance has been effected, directly or
indirectly, offer, promise, allow, give, set off, or pay to the
insured or to any employee of the insured, any rebate, discount, abatement, or reduction of premium or any part
thereof named in any insurance contract, or any commission
thereon, or earnings, profits, dividends, or other benefit, or
any other valuable consideration or inducement whatsoever
which is not expressly provided for in the policy.
(2) Subsection (1) of this section shall not apply as to
commissions paid to a licensed insurance producer, or title
insurance agent for insurance placed on that person’s own
property or risks.
(3) This section shall not apply to the allowance by any
marine insurer, or marine insurance producer, to any insured,
in connection with marine insurance, of such discount as is
sanctioned by custom among marine insurers as being additional to the insurance producer’s commission.
(4) This section shall not apply to advertising or promotional programs conducted by insurers, insurance producers,
48.30.140
[Title 48 RCW—page 212]
or title insurance agents whereby prizes, goods, wares, or
merchandise, not exceeding twenty-five dollars in value per
person in the aggregate in any twelve month period, are given
to all insureds or prospective insureds under similar qualifying circumstances.
(5) This section does not apply to an offset or reimbursement of all or part of a fee paid to an insurance producer as
provided in RCW 48.17.270. [2008 c 217 § 35; 1994 c 203 §
3; 1990 1st ex.s. c 3 § 8; 1985 c 264 § 14; 1975-’76 2nd ex.s.
c 119 § 3; 1947 c 79 § .30.14; Rem. Supp. 1947 § 45.30.14.]
Severability--Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.150 Illegal inducements. (Effective until July 1,
2009.) No insurer, general agent, agent, broker, solicitor, or
other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy
for, or offer, or sell, buy, or offer or promise to buy or give,
or promise, or allow to, or on behalf of, the insured or prospective insured in any manner whatsoever:
(1) Any shares of stock or other securities issued or at
any time to be issued on any interest therein or rights thereto;
or
(2) Any special advisory board contract, or other contract, agreement, or understanding of any kind, offering, providing for, or promising any profits or special returns or special dividends; or
(3) Any prizes, goods, wares, or merchandise of an
aggregate value in excess of twenty-five dollars.
This section shall not be deemed to prohibit the sale or
purchase of securities as a condition to or in connection with
surety insurance insuring the performance of an obligation as
part of a plan of financing found by the commissioner to be
designed and operated in good faith primarily for the purpose
of such financing, nor shall it be deemed to prohibit the sale
of redeemable securities of a registered investment company
in the same transaction in which life insurance is sold. [1990
1st ex.s. c 3 § 9; 1975-’76 2nd ex.s. c 119 § 4; 1957 c 193 §
18; 1947 c 79 § .30.15; Rem. Supp. 1947 § 45.30.15.]
48.30.150
48.30.150 Illegal inducements. (Effective July 1,
2009.) No insurer, insurance producer, title insurance agent,
or other person shall, as an inducement to insurance, or in
connection with any insurance transaction, provide in any
policy for, or offer, or sell, buy, or offer or promise to buy or
give, or promise, or allow to, or on behalf of, the insured or
prospective insured in any manner whatsoever:
(1) Any shares of stock or other securities issued or at
any time to be issued on any interest therein or rights thereto;
or
(2) Any special advisory board contract, or other contract, agreement, or understanding of any kind, offering, providing for, or promising any profits or special returns or special dividends; or
(3) Any prizes, goods, wares, or merchandise of an
aggregate value in excess of twenty-five dollars.
This section shall not be deemed to prohibit the sale or
purchase of securities as a condition to or in connection with
surety insurance insuring the performance of an obligation as
part of a plan of financing found by the commissioner to be
designed and operated in good faith primarily for the purpose
48.30.150
(2008 Ed.)
Unfair Practices and Frauds
of such financing, nor shall it be deemed to prohibit the sale
of redeemable securities of a registered investment company
in the same transaction in which life insurance is sold. [2008
c 217 § 36; 1990 1st ex.s. c 3 § 9; 1975-’76 2nd ex.s. c 119 §
4; 1957 c 193 § 18; 1947 c 79 § .30.15; Rem. Supp. 1947 §
45.30.15.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.155 Life or disability insurers—Insurance as
inducement to purchase of goods, etc. No life or disability
insurer shall directly or indirectly participate in any plan to
offer or effect any kind or kinds of insurance in this state as
an inducement to the purchase by the public of any goods,
securities, commodities, services or subscriptions to publications. This section shall not apply to group or blanket insurance issued pursuant to this code. [1957 c 193 § 19.]
48.30.155
48.30.157 Charges for extra services. (Effective until
July 1, 2009.) Notwithstanding the provisions of RCW
48.30.140, 48.30.150, and 48.30.155, the commissioner may
permit an agent or broker to enter into reasonable arrangements with insureds and prospective insureds to charge a
reduced fee in situations where services that are charged for
are provided beyond the scope of services customarily provided in connection with the solicitation and procurement of
insurance, so that an overall charge to an insured or prospective insured is reasonable taking into account receipt of commissions and fees and their relation, proportionally, to the
value of the total work performed. [1988 c 248 § 17; 1983 c
3 § 154; 1979 ex.s. c 199 § 10.]
48.30.157
48.30.157 Charges for extra services. (Effective July
1, 2009.) Notwithstanding the provisions of RCW
48.30.140, 48.30.150, and 48.30.155, the commissioner may
permit an insurance producer to enter into reasonable
arrangements with insureds and prospective insureds to
charge a reduced fee in situations where services that are
charged for are provided beyond the scope of services customarily provided in connection with the solicitation and procurement of insurance, so that an overall charge to an insured
or prospective insured is reasonable taking into account
receipt of commissions and fees and their relation, proportionally, to the value of the total work performed. [2008 c
217 § 37; 1988 c 248 § 17; 1983 c 3 § 154; 1979 ex.s. c 199
§ 10.]
48.30.157
48.30.190
deemed the acceptance and receipt of a rebate and shall be
punishable as provided by this code.
(2) The amount of insurance whereon the insured has so
received or accepted any such rebate or any such commission, other than as to life or disability insurances, shall be
reduced in the proportion that the amount or value of the
rebate or commission bears to the premium for such insurance. In addition to such reduction of insurance, if any, any
such insured shall be liable to a fine of not more than two
hundred dollars.
(3) This section shall not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided in
RCW 48.17.270. [1994 c 203 § 4; 1947 c 79 § .30.17; Rem.
Supp. 1947 § 45.30.17.]
48.30.170 Rebate—Acceptance prohibited. (Effective July 1, 2009.) (1) No insured person shall receive or
accept, directly or indirectly, any rebate of premium or part
thereof, or any favor, advantage, share in dividends, or other
benefits, or any valuable consideration or inducement not
specified or provided for in the policy, or any commission on
any insurance policy to which he or she is not lawfully entitled as a licensed insurance producer or title insurance agent.
The retention by the nominal policyholder in any group life
insurance contract of any part of any dividend or reduction of
premium thereon contrary to the provisions of RCW
48.24.260, shall be deemed the acceptance and receipt of a
rebate and shall be punishable as provided by this code.
(2) The amount of insurance whereon the insured has so
received or accepted any such rebate or any such commission, other than as to life or disability insurances, shall be
reduced in the proportion that the amount or value of the
rebate or commission bears to the premium for such insurance. In addition to such reduction of insurance, if any, any
such insured shall be liable to a fine of not more than two
hundred dollars.
(3) This section shall not apply to an offset or reimbursement of all or part of a fee paid to an insurance producer as
provided in RCW 48.17.270. [2008 c 217 § 38; 1994 c 203 §
4; 1947 c 79 § .30.17; Rem. Supp. 1947 § 45.30.17.]
48.30.170
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.180 "Twisting" prohibited. No person shall by
misrepresentations or by misleading comparisons, induce or
tend to induce any insured to lapse, terminate, forfeit, surrender, retain, or convert any insurance policy. [1947 c 79 §
.30.18; Rem. Supp. 1947 § 45.30.18.]
48.30.170 Rebate—Acceptance prohibited. (Effective until July 1, 2009.) (1) No insured person shall receive
or accept, directly or indirectly, any rebate of premium or part
thereof, or any favor, advantage, share in dividends, or other
benefits, or any valuable consideration or inducement not
specified or provided for in the policy, or any commission on
any insurance policy to which he or she is not lawfully entitled as a licensed agent, broker, or solicitor. The retention by
the nominal policyholder in any group life insurance contract
of any part of any dividend or reduction of premium thereon
contrary to the provisions of RCW 48.24.260, shall be
48.30.190 Illegal dealing in premiums. (1) No person
shall wilfully collect any sum as premium for insurance,
which insurance is not then provided or is not in due course
to be provided by an insurance policy issued by an insurer as
authorized by this code.
(2) No person shall wilfully collect as premium for insurance any sum in excess of the amount actually expended or in
due course is to be expended for insurance applicable to the
subject on account of which the premium was collected.
(3) No person shall wilfully or knowingly fail to return to
the person entitled thereto within a reasonable length of time
48.30.170
(2008 Ed.)
48.30.180
48.30.190
[Title 48 RCW—page 213]
48.30.200
Title 48 RCW: Insurance
any sum collected as premium for insurance in excess of the
amount actually expended for insurance applicable to the
subject on account of which the premium was collected.
(4) Each violation of this section which does not amount
to a felony shall constitute a misdemeanor. [1947 c 79 §
.30.19; Rem. Supp. 1947 § 45.30.19.]
48.30.200 Hypothecation of premium notes. (Effective until July 1, 2009.) It shall be unlawful for any insurer
or its representative, or any agent or broker, to hypothecate,
sell, or dispose of any promissory note, received in payment
for any premium or part thereof on any contract of life insurance or of disability insurance applied for, prior to delivery of
the policy to the applicant. [1947 c 79 § .30.20; Rem. Supp.
1947 § 45.30.20.]
48.30.200
48.30.200 Hypothecation of premium notes. (Effective July 1, 2009.) It shall be unlawful for any insurer or its
representative, or any insurance producer, to hypothecate,
sell, or dispose of any promissory note, received in payment
for any premium or part thereof on any contract of life insurance or of disability insurance applied for, prior to delivery of
the policy to the applicant. [2008 c 217 § 39; 1947 c 79 §
.30.20; Rem. Supp. 1947 § 45.30.20.]
48.30.200
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.210 Misrepresentation in application for insurance. A person who knowingly makes a false or misleading
statement or impersonation, or who willfully fails to reveal a
material fact, in or relative to an application for insurance to
an insurer, is guilty of a gross misdemeanor, and the license
of any such person may be revoked. [1995 c 285 § 18; 1990
1st ex.s. c 3 § 10; 1947 c 79 § .30.21; Rem. Supp. 1947 §
45.30.21.]
48.30.210
Effective date—1995 c 285: See RCW 48.30A.900.
48.30.220 Destruction, injury, secretion, etc., of
property. Any person, who, with intent to defraud or prejudice the insurer thereof, burns or in any manner injures,
destroys, secretes, abandons, or disposes of any property
which is insured at the time against loss or damage by fire,
theft, embezzlement, or any other casualty, whether the same
be the property of or in the possession of such person or any
other person, under circumstances not making the offense
arson in the first degree, is guilty of a class C felony. [1995 c
285 § 19; 1965 ex.s. c 70 § 25; 1947 c 79 § .30.22; Rem.
Supp. 1947 § 45.30.22.]
48.30.220
Effective date—1995 c 285: See RCW 48.30A.900.
48.30.230 False claims or proof—Penalty. (1) It is
unlawful for any person, knowing it to be such, to:
(a) Present, or cause to be presented, a false or fraudulent
claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or
(b) Prepare, make, or subscribe any false or fraudulent
account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in
support of such a claim.
48.30.230
[Title 48 RCW—page 214]
(2)(a) Except as provided in (b) of this subsection, a violation of this section is a gross misdemeanor.
(b) If the claim is in excess of one thousand five hundred
dollars, the violation is a class C felony punishable according
to chapter 9A.20 RCW. [2003 c 53 § 270; 1990 1st ex.s. c 3
§ 11; 1947 c 79 § .30.23; Rem. Supp. 1947 § 45.30.23.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.30.240
48.30.240 Rate wars prohibited. (Effective until July
1, 2009.) (1) Any insurer which precipitates, or aids in precipitating or conducting a rate war and by so doing writes or
issues a policy of insurance at a less rate than permitted under
its schedules filed with the commissioner, or below the rate
deemed by him to be proper and adequate to cover the class
of risk insured, shall have its certificate of authority to do
business in this state suspended until such time as the commissioner is satisfied that it is charging a proper rate of premium.
(2) Any insurer which has precipitated, or aided in precipitating or conducting a rate war for the purpose of punishing or eliminating competitors or stifling competition, or
demoralizing the business, or for any other purpose, and has
ordered the cancellation or rewriting of policies at a rate
lower than that provided by its rating schedules where such
rate war is not in operation, and has paid or attempted to pay
to the insured any return premiums, on any risk so to be
rewritten, on which its agent has received or is entitled to
receive his regular commission, such insurer shall not be
allowed to charge back to such agent any portion of his commission on the ground that the same has not been earned.
[1947 c 79 § .30.24; Rem. Supp. 1947 § 45.30.24.]
48.30.240
48.30.240 Rate wars prohibited. (Effective July 1,
2009.) (1) Any insurer which precipitates, or aids in precipitating or conducting a rate war and by so doing writes or
issues a policy of insurance at a less rate than permitted under
its schedules filed with the commissioner, or below the rate
deemed by him or her to be proper and adequate to cover the
class of risk insured, shall have its certificate of authority to
do business in this state suspended until such time as the
commissioner is satisfied that it is charging a proper rate of
premium.
(2) Any insurer which has precipitated, or aided in precipitating or conducting a rate war for the purpose of punishing or eliminating competitors or stifling competition, or
demoralizing the business, or for any other purpose, and has
ordered the cancellation or rewriting of policies at a rate
lower than that provided by its rating schedules where such
rate war is not in operation, and has paid or attempted to pay
to the insured any return premiums, on any risk so to be
rewritten, on which its appointed insurance producer has
received or is entitled to receive a regular commission, such
insurer shall not be allowed to charge back to such appointed
insurance producer any portion of a commission on the
ground that the same has not been earned. [2008 c 217 § 40;
1947 c 79 § .30.24; Rem. Supp. 1947 § 45.30.24.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
(2008 Ed.)
Unfair Practices and Frauds
48.30.250 Interlocking ownership, management. (1)
Any insurer may retain, invest in or acquire the whole or any
part of the capital stock of any other insurer or insurers, or
have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common
management is inconsistent with any other provision of this
title, or unless by reason thereof the business of such insurers
with the public is conducted in a manner which substantially
lessens competition generally in the insurance business or
tends to create a monopoly therein.
(2) Any person otherwise qualified may be a director of
two or more insurers which are competitors, unless the effect
thereof is to substantially lessen competition between insurers generally or tends to create a monopoly.
(3) If the commissioner finds, after a hearing thereon,
that there is violation of this section he shall order all such
persons and insurers to cease and desist from such violation
within such time, or extension thereof, as may be specified in
such order. [1949 c 190 § 34; Rem. Supp. 1949 § 45.30.25.]
48.30.250
48.30.260 Right of debtor or borrower to select
agent, broker, insurer. (Effective until July 1, 2009.) (1)
Every debtor or borrower, when property insurance of any
kind is required in connection with the debt or loan, shall
have reasonable opportunity and choice in the selection of the
agent, broker, and insurer through whom such insurance is to
be placed; but only if the insurance is properly provided for
the protection of the creditor or lender, whether by policy or
binder, not later than at commencement of risk as to such
property as respects such creditor or lender, and in the case of
renewal of insurance, only if the renewal policy, or a proper
binder therefor containing a brief description of the coverage
bound and the identity of the insurer in which the coverage is
bound, is delivered to the creditor or lender not later than
thirty days prior to the renewal date.
(2) Every person who lends money or extends credit and
who solicits insurance on real and personal property must
explain to the borrower in prominently displayed writing that
the insurance related to such loan or credit extension may be
purchased from an insurer or agent of the borrower’s choice,
subject only to the lender’s right to reject a given insurer or
agent as provided in subsection (3)(b) of this section.
(3) No person who lends money or extends credit may:
(a) Solicit insurance for the protection of property, after
a person indicates interest in securing a loan or credit extension, until such person has received a commitment from the
lender as to a loan or credit extension;
(b) Unreasonably reject a contract of insurance furnished
by the borrower for the protection of the property securing
the credit or lien. A rejection shall not be deemed unreasonable if it is based on reasonable standards, uniformly applied,
relating to the extent of coverage required and the financial
soundness and the services of an insurer. Such standards shall
not discriminate against any particular type of insurer, nor
shall such standards call for rejection of an insurance contract
because the contract contains coverage in addition to that
required in the credit transaction;
(c) Require that any borrower, mortgagor, purchaser,
insurer, broker, or agent pay a separate charge, in connection
with the handling of any contract of insurance required as
security for a loan, or pay a separate charge to substitute the
48.30.260
(2008 Ed.)
48.30.260
insurance policy of one insurer for that of another. This subsection does not include the interest which may be charged on
premium loans or premium advancements in accordance with
the terms of the loan or credit document;
(d) Use or disclose, without the prior written consent of
the borrower, mortgagor, or purchaser taken at a time other
than the making of the loan or extension of credit, information relative to a contract of insurance which is required by
the credit transaction, for the purpose of replacing such insurance;
(e) Require any procedures or conditions of duly
licensed agents, brokers, or insurers not customarily required
of those agents, brokers, or insurers affiliated or in any way
connected with the person who lends money or extends
credit; or
(f) Require property insurance in an amount in excess of
the amount which could reasonably be expected to be paid
under the policy, or combination of policies, in the event of a
loss.
(4) Nothing contained in this section shall prevent a person who lends money or extends credit from placing insurance on real or personal property in the event the mortgagor,
borrower, or purchaser has failed to provide required insurance in accordance with the terms of the loan or credit document.
(5) Nothing contained in this section shall apply to credit
life or credit disability insurance. [1990 1st ex.s. c 3 § 13;
1988 c 248 § 18; 1984 c 6 § 2; 1977 c 61 § 1; 1957 c 193 §
20.]
48.30.260 Right of debtor or borrower to select
insurance producer or insurer. (Effective July 1, 2009.)
(1) Every debtor or borrower, when property insurance of any
kind is required in connection with the debt or loan, shall
have reasonable opportunity and choice in the selection of the
insurance producer and insurer through whom such insurance
is to be placed; but only if the insurance is properly provided
for the protection of the creditor or lender, whether by policy
or binder, not later than at commencement of risk as to such
property as respects such creditor or lender, and in the case of
renewal of insurance, only if the renewal policy, or a proper
binder therefor containing a brief description of the coverage
bound and the identity of the insurer in which the coverage is
bound, is delivered to the creditor or lender not later than
thirty days prior to the renewal date.
(2) Every person who lends money or extends credit and
who solicits insurance on real and personal property must
explain to the borrower in prominently displayed writing that
the insurance related to such loan or credit extension may be
purchased from an insurer or insurance producer of the borrower’s choice, subject only to the lender’s right to reject a
given insurer or insurance producer as provided in subsection
(3)(b) of this section.
(3) No person who lends money or extends credit may:
(a) Solicit insurance for the protection of property, after
a person indicates interest in securing a loan or credit extension, until such person has received a commitment from the
lender as to a loan or credit extension;
(b) Unreasonably reject a contract of insurance furnished
by the borrower for the protection of the property securing
the credit or lien. A rejection shall not be deemed unreason48.30.260
[Title 48 RCW—page 215]
48.30.270
Title 48 RCW: Insurance
able if it is based on reasonable standards, uniformly applied,
relating to the extent of coverage required and the financial
soundness and the services of an insurer. Such standards
shall not discriminate against any particular type of insurer,
nor shall such standards call for rejection of an insurance contract because the contract contains coverage in addition to
that required in the credit transaction;
(c) Require that any borrower, mortgagor, purchaser,
insurer, or insurance producer pay a separate charge, in connection with the handling of any contract of insurance
required as security for a loan, or pay a separate charge to
substitute the insurance policy of one insurer for that of
another. This subsection does not include the interest which
may be charged on premium loans or premium advancements
in accordance with the terms of the loan or credit document;
(d) Use or disclose, without the prior written consent of
the borrower, mortgagor, or purchaser taken at a time other
than the making of the loan or extension of credit, information relative to a contract of insurance which is required by
the credit transaction, for the purpose of replacing such insurance;
(e) Require any procedures or conditions of duly
licensed insurance producers or insurers not customarily
required of those insurance producers or insurers affiliated or
in any way connected with the person who lends money or
extends credit; or
(f) Require property insurance in an amount in excess of
the amount which could reasonably be expected to be paid
under the policy, or combination of policies, in the event of a
loss.
(4) Nothing contained in this section shall prevent a person who lends money or extends credit from placing insurance on real or personal property in the event the mortgagor,
borrower, or purchaser has failed to provide required insurance in accordance with the terms of the loan or credit document.
(5) Nothing contained in this section shall apply to credit
life or credit disability insurance. [2008 c 217 § 41; 1990 1st
ex.s. c 3 § 13; 1988 c 248 § 18; 1984 c 6 § 2; 1977 c 61 § 1;
1957 c 193 § 20.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Effective until July 1, 2009.) (1) No
officer or employee of this state, or of any public agency,
public authority or public corporation except a public corporation or public authority created pursuant to agreement or
compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public
agency or public authority or public corporation, shall, with
respect to any public building or construction contract which
is about to be, or which has been competitively bid, require
the bidder to make application to, or to furnish financial data
to, or to obtain or procure, any of the surety bonds or contracts of insurance specified in connection with such contract,
or specified by any law, general, special or local, from a particular insurer or agent or broker.
(2) No such officer or employee or any person, acting or
purporting to act on behalf of such officer or employee shall
48.30.270
[Title 48 RCW—page 216]
negotiate, make application for, obtain or procure any of such
surety bonds or contracts of insurance, except contracts of
insurance for builder’s risk or owner’s protective liability,
which can be obtained or procured by the bidder, contractor
or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state or
such public agency, public authority, or public corporation of
its right to approve the form, sufficiency or manner or execution of the surety bonds or contracts of insurance furnished by
the insurer selected by the bidder to underwrite such bonds,
or contracts of insurance.
(4) Any provisions in any invitation for bids, or in any of
the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the penalties provided by RCW 48.01.080.
(6) This section shall not apply to public construction
projects, when the actual or estimated aggregate value of the
project, exclusive of insurance and surety costs, exceeds two
hundred million dollars. For purposes of applying the two
hundred million dollar threshold set forth in this subsection,
the term "public construction project" means a project that
has a public owner and has phases, segments, or component
parts relating to a common geographic site or public transportation system, but does not include the aggregation of unrelated construction projects.
(7) The exclusions specified in subsection (6) of this section do not apply to surety bonds. [2005 c 352 § 1; (2003 c
323 § 2 repealed by 2005 c 352 § 2); 2003 c 323 § 1. Prior:
2000 2nd sp.s. c 4 § 33; 2000 c 143 § 2; 1983 2nd ex.s. c 1 §
6; 1967 ex.s. c 12 § 3.]
State convention and trade center—Corporation exempt: RCW 67.40.020.
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Effective July 1, 2009.) (1) No officer or
employee of this state, or of any public agency, public authority or public corporation except a public corporation or public
authority created pursuant to agreement or compact with
another state, and no person acting or purporting to act on
behalf of such officer or employee, or public agency or public
authority or public corporation, shall, with respect to any
public building or construction contract which is about to be,
or which has been competitively bid, require the bidder to
make application to, or to furnish financial data to, or to
obtain or procure, any of the surety bonds or contracts of
insurance specified in connection with such contract, or specified by any law, general, special or local, from a particular
insurer or insurance producer.
(2) No such officer or employee or any person, acting or
purporting to act on behalf of such officer or employee shall
negotiate, make application for, obtain or procure any of such
surety bonds or contracts of insurance, except contracts of
insurance for builder’s risk or owner’s protective liability,
which can be obtained or procured by the bidder, contractor
or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state or
such public agency, public authority, or public corporation of
48.30.270
(2008 Ed.)
Unfair Practices and Frauds
its right to approve the form, sufficiency or manner or execution of the surety bonds or contracts of insurance furnished by
the insurer selected by the bidder to underwrite such bonds,
or contracts of insurance.
(4) Any provisions in any invitation for bids, or in any of
the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the penalties provided by RCW 48.01.080.
(6) This section shall not apply to public construction
projects, when the actual or estimated aggregate value of the
project, exclusive of insurance and surety costs, exceeds two
hundred million dollars. For purposes of applying the two
hundred million dollar threshold set forth in this subsection,
the term "public construction project" means a project that
has a public owner and has phases, segments, or component
parts relating to a common geographic site or public transportation system, but does not include the aggregation of unrelated construction projects.
(7) The exclusions specified in subsection (6) of this section do not apply to surety bonds. [2008 c 217 § 42; 2005 c
352 § 1; (2003 c 323 § 2 repealed by 2005 c 352 § 2); 2003 c
323 § 1. Prior: 2000 2nd sp.s. c 4 § 33; 2000 c 143 § 2; 1983
2nd ex.s. c 1 § 6; 1967 ex.s. c 12 § 3.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
State convention and trade center—Corporation exempt: RCW 67.40.020.
48.30.300 Unfair discrimination, generally. Notwithstanding any provision contained in Title 48 RCW to the contrary:
A person or entity engaged in the business of insurance
in this state may not refuse to issue any contract of insurance
or cancel or decline to renew such contract because of the
sex, marital status, or sexual orientation as defined in RCW
49.60.040, or the presence of any sensory, mental, or physical
handicap of the insured or prospective insured. The amount
of benefits payable, or any term, rate, condition, or type of
coverage may not be restricted, modified, excluded,
increased, or reduced on the basis of the sex, marital status, or
sexual orientation, or be restricted, modified, excluded, or
reduced on the basis of the presence of any sensory, mental,
or physical handicap of the insured or prospective insured.
This subsection does not prohibit fair discrimination on the
basis of sex, or marital status, or the presence of any sensory,
mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated. [2006 c 4
§ 18; 2005 c 223 § 19; 1993 c 492 § 287; 1975-’76 2nd ex.s.
c 119 § 7.]
48.30.300
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.30.310 Commercial motor vehicle employment
driving record not to be considered, when. When an individual applies for a policy of casualty insurance providing
either automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage, or automobile
physical damage coverage on an individually owned passenger vehicle or a renewal of such policy, an insurer shall not
48.30.310
(2008 Ed.)
48.30.340
consider the applicant’s commercial motor vehicle employment driving record in determining whether the policy will be
issued or renewed or in determining the rates for the policy.
An insurer shall not cancel such policy or discriminate in
regard to other terms or conditions of the policy based upon
the applicant’s commercial motor vehicle employment driving record.
"Employment driving record" means that record maintained by the director pertaining to motor vehicle accidents or
convictions for violation of motor vehicle laws while the
applicant is driving a commercial motor vehicle as an
employee of another. [1977 ex.s. c 356 § 3.]
48.30.320
48.30.320 Notice of reason for cancellation, restrictions based on handicaps. Every authorized insurer, upon
canceling, denying, or refusing to renew any individual life,
individual disability, homeowner, dwelling fire, or private
passenger automobile insurance policy, shall, upon written
request, directly notify in writing the applicant or insured, as
the case may be, of the reasons for the action by the insurer.
Any benefits, terms, rates, or conditions of such an insurance
contract which are restricted, excluded, modified, increased,
or reduced because of the presence of a sensory, mental, or
physical handicap shall, upon written request, be set forth in
writing and supplied to the insured. The written communications required by this section shall be phrased in simple language which is readily understandable to a person of average
intelligence, education, and reading ability. [1979 c 133 § 1.]
48.30.330
48.30.330 Immunity from libel or slander. With
respect to contracts of insurance as defined in RCW
48.30.320, there shall be no liability on the part of, and no
cause of action of any nature shall arise against, the insurance
commissioner, the commissioner’s agents, or members of the
commissioner’s staff, or against any insurer, its authorized
representative, its agents, its employees, furnishing to the
insurer information as to reasons for cancellation or refusal to
issue or renew, for libel or slander on the basis of any statement made by any of them in any written notice of cancellation or refusal to issue or renew, or in any other communications, oral or written, specifying the reasons for cancellation
or refusal to issue or renew or the providing of information
pertaining thereto, or for statements made or evidence submitted in any hearing conducted in connection therewith.
[1979 c 133 § 2.]
48.30.340
48.30.340 Auto glass repair—Restrictions on
insurer-owned facilities. (1) A person in this state has the
right to choose any glass repair facility for the repair of a loss
relating to motor vehicle glass.
(2) An insurer or its third-party administrator that owns
in whole or in part an automobile glass repair facility that is
processing a claim limited only to auto glass shall:
(a) Verbally inform the person making the claim of loss,
of the right provided under subsection (1) of this section, at
the time information regarding the automobile glass repair or
replacement facilities is provided; and
(b) Verbally inform the person making the claim of loss
that the third-party administrator is an entity separate from
[Title 48 RCW—page 217]
Chapter 48.30A
Title 48 RCW: Insurance
the insurer that has a financial arrangement to process automobile glass claims on the insurer’s behalf.
(3) An insurer or its third-party administrator that owns
an interest in an automobile glass repair or replacement facility shall post the following notice in each of its repair facilities:
"THIS AUTOMOBILE GLASS REPAIR OR
REPLACEMENT FACILITY IS OWNED IN WHOLE OR
IN PART BY (NAME OF INSURER OR INSURER’S
TH I R D -P A R TY A DM I N I S TR A T O R ) . Y OU A R E
HEREBY NOTIFIED THAT YOU ARE ENTITLED
UNDER WASHINGTON LAW TO SEEK REPAIRS AT
ANY AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY OF YOUR CHOICE."
The notice must be posted, in not less than eighteen point
font, prominently in a location in which it is likely to be seen
and read by a customer. If the automobile glass repair or
replacement facility is mobile, the notice must be given to the
person making the claim verbally by the insurer or its
third-party administrator prior to commencement of the
repair or replacement.
(4) A person making a claim of loss whose motor vehicle
is repaired at an automotive glass repair or replacement facility subject to the notice requirements of this section may file
a complaint with the office of the insurance commissioner.
(5) This section does not create a private right or cause of
action to or on behalf of any person. [2007 c 74 § 1.]
ance claims without the controls of professional licensing and
discipline creates a fertile ground for illegal activity and has,
in this state, resulted in frauds committed against injured
claimants, insurance companies, and the public. Operations
that engage in this practice have some or all of the following
characteristics: Cappers, acting under an agreement or
understanding that they will receive a pecuniary benefit, refer
claimants with real or imaginary claims, injuries, or property
damage to service providers. This sets off a chain of events
that corrupts both the provision of services and casualty or
property insurance for all citizens. This chain of events
includes false claims for services through the use of false estimates of repair; false prescriptions of care or rehabilitative
therapy; services that either do not occur or are provided by
persons unqualified to provide the services; submission of
false claims; submission of and demands for fraudulent costs,
lost wages, pain and suffering, and the like; and other devices
meant to result in false claims under casualty or property
insurance policies or contracts, whether insured or selfinsured, and either directly or through subrogation.
The legislature finds that combatting these practices
requires laws carefully fashioned to identify practices that
mimic customary business practices. The legislature does not
intend this law to be used against medical and other business
referral practices that are otherwise legal, customary, and
unrelated to the furtherance of some or all of the corrupt practices identified in this chapter. [1995 c 285 § 1.]
48.30A.010
Chapter 48.30A
Chapter 48.30A RCW
INSURANCE FRAUD
Sections
48.30A.005
48.30A.010
48.30A.015
48.30A.020
48.30A.030
48.30A.035
48.30A.040
48.30A.045
48.30A.050
48.30A.055
48.30A.060
48.30A.065
48.30A.070
48.30A.900
Findings—Intent.
Definitions.
Unlawful acts—Penalties.
Defenses to proceedings under this chapter.
Injunction available—Remedies—Costs—Attorneys’ fees—
Degree of proof—Time limit.
Detrimental judgment—Written notification to appropriate
regulatory or disciplinary body or agency.
Violation—Cause for discipline—Unprofessional conduct—
Regulatory penalty.
Insurance antifraud plan—File plan and changes with commissioner—Exemptions.
Insurance antifraud plan—Specific procedures.
Insurance antifraud plan—Review—Disapproval—Notice—
Audit to ensure compliance.
Insurance antifraud plan—Actions taken by insurer—
Report—Not public records.
Insurance antifraud plan or summary report—Failure to file or
exercise good faith—Penalty—Failure to follow plan—Civil
penalty.
Duty to investigate, enforce, and prosecute violations.
Effective date—1995 c 285.
48.30A.005 Findings—Intent. The legislature finds
that the business of insurance is one affected by the public
interest, requiring that all persons be actuated by good faith,
abstain from deception, and practice honesty and equity in all
insurance matters. The payment of kickbacks, bribes, or
rebates for referrals to service providers, as has been occurring with increasing regularity in this state, results in inflated
or fraudulent insurance claims, results in greater insurance
costs for all citizens, and is contrary to the public interest. In
particular, the process whereby "cappers" buy and sell insur48.30A.005
[Title 48 RCW—page 218]
48.30A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly indicates otherwise.
(1) "Casualty or property insurance" includes both the
insurance under which a claim is filed and insurance that
receives a claim through subrogation, and means insurance as
defined in RCW 48.11.040 and 48.11.070 and includes selfinsurance arrangements.
(2) "Claimant" means a person who has or is believed by
an actor to have an insurance claim.
(3) "Group-buying arrangement" means an arrangement
made by a membership organization having one hundred or
more members in which the organization asks for or receives
valuable consideration in exchange for referring its members
to a service provider; the consideration asked for or received
will be or is used to benefit the entire organization, not just
one or more individuals in positions of power or influence in
the organization; and reasonable efforts are made to disclose
to affected members of the organization the nature of the
referral relationship, including the nature, extent, amount,
and use of the consideration.
(4) "Health care services" means a service provided to a
claimant for treatment of physical or mental illness or injury
arising in whole or substantial part from trauma.
(5) "Insurance claim" means a claim for payment, benefits, or damages under a contract, plan, or policy of casualty
or property insurance.
(6) "Legal provider" means an active member in good
standing of the Washington state bar association, and any
other person authorized by the Washington state supreme
court to engage in full or limited practice of law.
(2008 Ed.)
Insurance Fraud
(7) "Service provider" means a person who directly or
indirectly provides, advertises, or otherwise claims to provide
services.
(8) "Services" means health care services, motor vehicle
body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(9) "Trauma" means a physical injury or wound caused
by external force or violence. [1995 c 285 § 2.]
48.30A.015 Unlawful acts—Penalties. (1) It is unlawful for a person:
(a) Knowing that the payment is for the referral of a
claimant to a service provider, either to accept payment from
a service provider or, being a service provider, to pay
another; or
(b) To provide or claim or represent to have provided
services to a claimant, knowing the claimant was referred in
violation of (a) of this subsection.
(2) It is unlawful for a service provider to engage in a
regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give, or pay all or any part of a claimant’s casualty or property insurance deductible.
(3) A violation of this section constitutes trafficking in
insurance claims.
(4)(a) Trafficking in insurance claims is a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the
same or in subsequent prosecutions, is a class C felony.
[2003 c 53 § 271; 1995 c 285 § 3.]
48.30A.015
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
48.30A.020 Defenses to proceedings under this chapter. In a proceeding under this chapter, it is a defense if
proven by the defendant by a preponderance of the evidence
that, at the time of the offense:
(1) The conduct alleged was authorized by the rules of
professional conduct or the admission to practice rules for
lawyers as adopted by the state supreme court, Washington
business and professions licensing statutes, or rules adopted
by the secretary of health or the director of licensing;
(2) The payment was an incidental nonmonetary gift or
gratuity, or was purely social in nature;
(3) The conduct alleged was an exercise of a group-buying arrangement;
(4) The conduct alleged was a legal provider paying a
service provider’s bills from the proceeds of an insurance
claim that included the bills;
(5) The conduct alleged was a legal provider paying for
services of an expert witness, including reports, consultation,
and testimony; or
(6) The conduct alleged was a service provider’s purchase of advertising from an unrelated business that provides
referrals from advertising for groups of ten or more service
providers that are not related to the advertising business and
not related to each other. [1995 c 285 § 4.]
48.30A.020
48.30A.030 Injunction available—Remedies—
Costs—Attorneys’ fees—Degree of proof—Time limit.
Independent of authority granted to the attorney general, the
48.30A.030
(2008 Ed.)
48.30A.045
prosecuting attorney may petition the superior court for an
injunction against a person who has violated this chapter.
Remedies in an injunctive action brought by a prosecuting
attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to
five thousand dollars for each violation. The prevailing party
in the action may, in the discretion of the court, recover its
reasonable investigative costs and the costs of the action
including a reasonable attorney’s fee. The degree of proof
required in an action brought under this section is a preponderance of the evidence. An action under this section must be
brought within three years after the violation of this chapter
occurred. [1995 c 285 § 6.]
48.30A.035 Detrimental judgment—Written notification to appropriate regulatory or disciplinary body or
agency. Whenever a service provider or a person licensed by
the state in a business or profession is convicted, enjoined, or
found liable for damages or a civil penalty or other equitable
relief under RCW 48.30A.030, the attorney general or the
prosecuting attorney shall provide written notification of the
judgment to the appropriate regulatory or disciplinary body
or agency. [1995 c 285 § 7.]
48.30A.035
48.30A.040 Violation—Cause for discipline—Unprofessional conduct—Regulatory penalty. A violation of this
chapter is cause for discipline and constitutes unprofessional
conduct that could result in any regulatory penalty provided
by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice.
Conduct that constitutes a violation of this chapter is unprofessional conduct in violation of RCW 18.130.180. [1995 c
285 § 8.]
48.30A.040
48.30A.045 Insurance antifraud plan—File plan and
changes with commissioner—Exemptions. (1) Each
insurer licensed to write direct insurance in this state, except
those exempted in subsection (2) of this section, shall institute and maintain an insurance antifraud plan. An insurer
licensed after July 1, 1995, shall file its antifraud plan within
six months of licensure. An insurer shall file any change to
the antifraud plan with the insurance commissioner within
thirty days after the plan has been modified.
(2) This section does not apply to:
(a) Health carriers, as defined in RCW 48.43.005;
(b) Life insurers;
(c) Title insurers;
(d) Property or casualty insurers with annual gross written medical malpractice insurance premiums in this state that
exceed fifty percent of their total annual gross written premiums in this state;
(e) Credit-related insurance written in connection with a
credit transaction in which the creditor is named as a beneficiary or loss payee under the policy, except vendor singleinterest or collateral protection coverage as defined in RCW
48.22.110(4); or
(f) Insurers with gross written premiums of less than one
thousand dollars in Washington during the reporting year.
[2005 c 223 § 20; 1997 c 92 § 1; 1995 c 285 § 9.]
48.30A.045
[Title 48 RCW—page 219]
48.30A.050
Title 48 RCW: Insurance
48.30A.050 Insurance antifraud plan—Specific procedures. An insurer’s antifraud plan must establish specific
procedures to:
(1) Prevent insurance fraud, including internal fraud
involving employees or company representatives, fraud
resulting from misrepresentation on applications for insurance coverage, and claims fraud;
(2) Review claims in order to detect evidence of possible
insurance fraud and to investigate claims where fraud is suspected;
(3) Report fraud to appropriate law enforcement agencies and cooperate with those agencies in their prosecution of
fraud cases;
(4) Undertake civil actions against persons who have
engaged in fraudulent activities;
(5) Train company employees and agents in the detection
and prevention of fraud. [1995 c 285 § 10.]
48.30A.050
48.30A.055 Insurance antifraud plan—Review—
Disapproval—Notice—Audit to ensure compliance. If
after review of an insurer’s antifraud plan, the commissioner
finds that the plan does not comply with RCW 48.30A.050,
the commissioner may disapprove the antifraud plan. Notice
of disapproval must include a statement of the specific reasons for disapproval. The insurer shall refile a plan disapproved by the commissioner within sixty days of the date of
the notice of disapproval. The commissioner may audit insurers to ensure compliance with antifraud plans. [1995 c 285 §
11.]
imposed for the first filing made by an insurer under this
chapter. An insurer that fails to follow the antifraud plan is
subject to a civil penalty not to exceed ten thousand dollars
for each violation, at the discretion of the commissioner after
consideration of all relevant factors, including the willfulness
of the violation. [2005 c 223 § 22; 1995 c 285 § 13.]
48.30A.070 Duty to investigate, enforce, and prosecute violations. It is the duty of all peace officers, law
enforcement officers, and law enforcement agencies within
this state to investigate, enforce, and prosecute all violations
of this chapter. [1995 c 285 § 14.]
48.30A.070
48.30A.900 Effective date—1995 c 285. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1995.
[1995 c 285 § 39.]
48.30A.900
48.30A.055
48.30A.060 Insurance antifraud plan—Actions
taken by insurer—Report—Not public records. By
March 31st of each year, each insurer shall provide to the
insurance commissioner a summary report on actions taken
under its antifraud plan to prevent and combat insurance
fraud. The report must also include, but not be limited to,
measures taken to protect and ensure the integrity of electronic data processing-generated data and manually compiled
data, statistical data on the amount of resources committed to
combatting fraud, and the amount of fraud identified and
recovered during the reporting period. The antifraud plans
and summary of the insurer’s antifraud activities are not public records and are exempt from chapter 42.56 RCW, are proprietary, are not subject to public examination, and are not
discoverable or admissible in civil litigation. [2005 c 274 §
312; 2005 c 223 § 21; 1995 c 285 § 12.]
48.30A.060
Reviser’s note: This section was amended by 2005 c 223 § 21 and by
2005 c 274 § 312, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.30A.065 Insurance antifraud plan or summary
report—Failure to file or exercise good faith—Penalty—
Failure to follow plan—Civil penalty. An insurer that fails
to file a timely antifraud plan or summary report or that fails
to make a good faith attempt to file an antifraud plan that
complies with RCW 48.30A.050 or a summary report that
complies with RCW 48.30A.060, is subject to the penalty
provisions of RCW 48.01.080, but no penalty may be
48.30A.065
[Title 48 RCW—page 220]
Chapter 48.31
Chapter 48.31 RCW
MERGERS, REHABILITATION,
LIQUIDATION, SUPERVISION
Sections
48.31.010
48.31.020
48.31.021
48.31.030
48.31.040
48.31.045
48.31.050
48.31.060
48.31.070
48.31.080
48.31.090
48.31.100
48.31.105
48.31.111
48.31.115
48.31.121
48.31.125
48.31.131
48.31.135
48.31.141
48.31.145
48.31.151
48.31.155
48.31.161
48.31.165
48.31.171
48.31.175
48.31.181
Merger or consolidation.
Definitions—Insurer, exceeded its powers, consent.
Insurer—Self-funded multiple employer welfare arrangement.
Rehabilitation—Grounds.
Rehabilitation—Order—Termination.
Rehabilitation order against insurer—Insurer is party to action
or proceeding—Stay the action—Statute of limitations or
defense of laches.
Liquidation—Grounds.
Liquidation—Order.
Liquidation—Alien insurers.
Conservation of assets—Foreign insurers.
Conservation of assets—Alien insurers.
Foreign or alien insurers—Conservation, ancillary proceedings.
Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.
Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
Immunity from suit and liability—Persons entitled to protection.
Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and
review.
Order of liquidation—Termination of coverage.
Appointment of liquidator—Actions at law or equity—Statute
of limitations or defense of laches.
Recovery from reinsurers—Not reduced by delinquency proceedings—Direct payment to insured.
Responsibility for payment of a premium—Earned or
unearned premium—Violations—Penalties—Rights of
party aggrieved.
Liquidator denies claim—Written notice—Objections of
claimant—Court hearing.
Creditor’s claim against insurer is secured by other person—
Subrogated rights—Agreements concerning distributions.
Unclaimed funds—Liquidator’s application for discharge—
Deposits with the department of revenue.
After termination of liquidation proceeding—Good cause to
reopen proceedings.
Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other
state.
Domiciliary liquidator—Reciprocal state—Nonreciprocal
state—Commissioner’s duties.
Foreign or alien insurer—Property located in this state—Commissioner’s discretion.
Liquidation proceedings—One or more reciprocal states—
Distributions—Special deposit claims—Secured claims.
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
48.31.184
48.31.185
48.31.190
48.31.200
48.31.210
48.31.220
48.31.230
48.31.240
48.31.260
48.31.270
48.31.280
48.31.290
48.31.300
48.31.310
48.31.320
48.31.330
48.31.340
48.31.350
48.31.360
48.31.400
48.31.405
48.31.410
48.31.415
48.31.420
48.31.425
48.31.430
48.31.435
48.31.900
Ancillary receiver in another state or foreign country—Failure
to transfer assets.
Receiver’s proposal to disperse assets upon liquidation—
Application for approval—Contents of proposal—Notice of
application.
Commencement of proceeding—Venue—Effect of appellate
review.
Injunctions.
Change of venue.
Deposit of moneys collected.
Exemption from filing fees.
Borrowing on pledge of assets.
Liquidation—Date rights, liabilities fixed.
Voidable transfers.
Priority and order of distribution of claims.
Offsets.
Allowance of contingent and other claims.
Time to file claims.
Report for assessment.
Levy of assessment.
Order for payment of assessment.
Publication, transmittal of assessment order.
Judgment upon the assessment.
Administrative supervision—Conditions—Notice and hearing.
Administrative supervision—Confidentiality.
Administrative supervision—Standards and procedures—
Limitations on insurer.
Administrative supervision—Insurer may contest.
Administrative supervision—No limitation on judicial proceedings.
Administrative supervision—Commissioner contacts.
Administrative supervision—Chapters 48.04 and 34.05 RCW.
Administrative supervision—Rules.
Severability—2005 c 432.
Dissolution of business corporation: Chapter 23B.14 RCW.
Uniform insurers liquidation act: Chapter 48.99 RCW.
48.31.010 Merger or consolidation. (1) Subject to the
provisions of RCW 48.08.080, relating to the mutualization
of stock insurers, RCW 48.09.350, relating to the conversion
or reinsurance of mutual insurers, and RCW 48.10.330, relating to the consolidation or conversion of reciprocal insurers,
a domestic insurer may merge or consolidate with another
insurer, subject to the following conditions:
(a) The plan of merger or consolidation must be submitted to and be approved by the commissioner in advance of the
merger or consolidation.
(b) The commissioner shall not approve any such plan
unless, after a hearing, pursuant to such notice as the commissioner may require, he finds that it is fair, equitable, consistent with law, and that no reasonable objection exists. If the
commissioner fails to approve the plan, he shall state his reasons for such failure in his order made on such hearing. The
insurers involved in the merger shall bear the expense of the
mailing of the notice of hearing and of the order on hearing.
(c) No director, officer, member, or subscriber of any
such insurer, except as is expressly provided by the plan of
merger or consolidation, shall receive any fee, commission,
other compensation or valuable consideration whatsoever,
for in any manner aiding, promoting or assisting in the
merger or consolidation.
(d) Any merger or consolidation as to an incorporated
domestic insurer shall in other respects be governed by the
general laws of this state relating to business corporations.
Except, that as to domestic mutual insurers, approval by twothirds of its members who vote thereon pursuant to such
notice and procedure as was approved by the commissioner
shall constitute approval of the merger or consolidation as
respects the insurer’s members.
48.31.010
(2008 Ed.)
48.31.020
(2) Reinsurance of all or substantially all of the insurance
in force of a domestic insurer by another insurer shall be
deemed a consolidation for the purposes of this section.
[1973 1st ex.s. c 107 § 3; 1961 c 194 § 11; 1947 c 79 § .31.01;
Rem. Supp. 1947 § 45.31.01.]
Severability—1973 1st ex.s. c 107: See note following RCW
48.17.540.
48.31.020 Definitions—Insurer, exceeded its powers,
consent. (1) For the purposes of this chapter, other than as to
RCW 48.31.010, and in addition to persons included under
RCW 48.99.010, the term "insurer" shall be deemed to
include an insurer authorized under chapter 48.05 RCW, an
insurer or institution holding a certificate of exemption under
RCW 48.38.010, a health care service contractor registered
under chapter 48.44 RCW, and a health maintenance organization registered under chapter 48.46 RCW, as well as all
persons engaged as, or purporting to be engaged as insurers,
institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations in this
state, and to persons in process of organization to become
insurers, institutions issuing charitable gift annuities, health
care service contractors, or health maintenance organizations.
(2) The definitions in this subsection apply throughout
this chapter unless the context clearly requires otherwise.
(a) "Exceeded its powers" means the following conditions:
(i) The insurer has refused to permit examination of its
books, papers, accounts, records, or affairs by the commissioner, his or her deputies, employees, or duly commissioned
examiners as required by this title or any rules adopted by the
commissioner;
(ii) A domestic insurer has unlawfully removed from this
state books, papers, accounts, or records necessary for an
examination of the insurer;
(iii) The insurer has failed to promptly comply with the
filing of any applicable financial reports as required by this
title or any rules adopted by the commissioner;
(iv) The insurer has neglected or refused to observe a
lawful order of the commissioner to comply, within the time
prescribed by law, with any prohibited deficiency in its applicable capital, capital stock, or surplus;
(v) The insurer is continuing to transact insurance or
write business after its license has been revoked or suspended
by the commissioner;
(vi) The insurer, by contract or otherwise, has unlawfully
or has in violation of an order of the commissioner or with
respect to a transaction to which the insurer has without first
having obtained written approval of the commissioner if
approval is required by law:
(A) Totally reinsured its entire outstanding business; or
(B) Merged or consolidated substantially its entire property or business with another insurer; or
(vii) The insurer engaged in any transaction in which it is
not authorized to engage under this title or any rules adopted
by the commissioner.
(b) "Consent" means agreement to administrative supervision by the insurer. [2005 c 432 § 1; 1998 c 284 § 8; 1989
c 151 § 1; 1947 c 79 § .31.02; Rem. Supp. 1947 § 45.31.02.]
48.31.020
[Title 48 RCW—page 221]
48.31.021
Title 48 RCW: Insurance
48.31.021 Insurer—Self-funded multiple employer
welfare arrangement. A self-funded multiple employer
welfare arrangement, as defined in RCW 48.125.010, is an
insurer under this chapter. [2004 c 260 § 20.]
48.31.021
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
48.31.030 Rehabilitation—Grounds. The commissioner may apply for an order directing him or her to rehabilitate a domestic insurer upon one or more of the following
grounds: That the insurer
(1) Is insolvent; or
(2) Has refused to submit its books, records, accounts, or
affairs to the reasonable examination of the commissioner; or
(3) Has failed to comply with the commissioner’s order,
made pursuant to law, to make good an impairment of capital
(if a stock insurer) or an impairment of assets (if a mutual or
reciprocal insurer) within the time prescribed by law; or
(4) Has transferred or attempted to transfer substantially
its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire
property or business in that of any other insurer without first
having obtained the written approval of the commissioner; or
(5) Is found, after examination, to be in such condition
that its further transaction of business will be hazardous to its
policyholders, or to its creditors, or to its members, subscribers, or stockholders, or to the public; or
(6) Has willfully violated its charter or any law of this
state; or
(7) Has an officer, director, or manager who has refused
to be examined under oath, concerning its affairs, for which
purpose the commissioner is authorized to conduct and to
enforce by all appropriate and available means any such
examination under oath in any other state or territory of the
United States, in which any such officer, director, or manager
may then presently be, to the full extent permitted by the laws
of any such other state or territory, this special authorization
considered; or
(8) Has been the subject of an application for the
appointment of a receiver, trustee, custodian, or sequestrator
of the insurer or of its property, or if a receiver, trustee, custodian, or sequestrator is appointed by a federal court or if
such appointment is imminent; or
(9) Has consented to such an order through a majority of
its directors, stockholders, members, or subscribers; or
(10) Has failed to pay a final judgment rendered against
it in any state upon any insurance contract issued or assumed
by it, within thirty days after the judgment became final or
within thirty days after time for taking an appeal has expired,
or within thirty days after dismissal of an appeal before final
determination, whichever date is the later; or
(11) There is reasonable cause to believe that there has
been embezzlement from the insurer, wrongful sequestration
or diversion of the insurer’s assets, forgery or fraud affecting
the insurer, or other illegal conduct in, by, or with respect to
the insurer that, if established, would endanger assets in an
amount threatening the solvency of the insurer; or
(12) The insurer has failed to remove a person who in
fact has executive authority in the insurer, whether an officer,
manager, general agent, employee, or other person, if the person has been found after notice and hearing by the commis48.31.030
[Title 48 RCW—page 222]
sioner to be dishonest or untrustworthy in a way affecting the
insurer’s business; or
(13) Control of the insurer, whether by stock ownership
or ownership or otherwise, and whether direct or indirect, is
in a person or persons found after notice and hearing to be
untrustworthy; or
(14) The insurer has failed to file its annual report or
other financial report required by statute within the time
allowed by law and, after written demand by the commissioner, has failed to give an adequate explanation immediately; or
(15) The board of directors or the holders of a majority of
the shares entitled to vote, request, or consent to rehabilitation under this chapter. [1993 c 462 § 75; 1949 c 190 § 28;
1947 c 79 § .31.03; Rem. Supp. 1949 § 45.31.03.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.040 Rehabilitation—Order—Termination. (1)
An order to rehabilitate a domestic insurer shall direct the
commissioner forthwith to take possession of the property of
the insurer and to conduct the business thereof, and to take
such steps toward removal of the causes and conditions
which have made rehabilitation necessary as the court may
direct.
(2) If at any time the commissioner deems that further
efforts to rehabilitate the insurer would be useless, he or she
may apply to the court for an order of liquidation.
(3) The commissioner, or any interested person upon due
notice to the commissioner, at any time may apply for an
order terminating the rehabilitation proceeding and permitting the insurer to resume possession of its property and the
conduct of its business, but no such order shall be granted
except when, after a full hearing, the court has determined
that the purposes of the proceedings have been fully accomplished.
(4) An order to rehabilitate the business of a domestic
insurer, or an alien insurer domiciled in this state, shall
appoint the commissioner and his or her successors in office
as the rehabilitator, and shall direct the rehabilitator to immediately take possession of the assets of the insurer, and to
administer them under the general supervision of the court.
The filing or recording of the order with the recorder of deeds
of the county in this state in which the principal business of
the company is conducted, or the county in this state in which
the company’s principal office or place of business is located,
imparts the same notice as a deed or other evidence of title
duly filed or recorded with that recorder of deeds would have
imparted. The order to rehabilitate the insurer by operation of
law vests title to all assets of the insurer in the rehabilitator.
(5) An order issued under this section requires accountings to the court by the rehabilitator. Accountings must be
done at such intervals as the court specifies in its order, but no
less frequently than semiannually.
(6) Entry of an order of rehabilitation does not constitute
an anticipatory breach of contracts of the insurer nor may it
be grounds for retroactive revocation or retroactive cancellation of contracts of the insurer, unless the revocation or cancellation is done by the rehabilitator. [1993 c 462 § 76; 1947
c 79 § .31.04; Rem. Supp. 1947 § 45.31.04.]
48.31.040
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.045
48.31.045 Rehabilitation order against insurer—
Insurer is party to action or proceeding—Stay the
action—Statute of limitations or defense of laches. (1) A
court in this state before which an action or proceeding in
which the insurer is a party, or is obligated to defend a party,
is pending when a rehabilitation order against the insurer is
entered shall stay the action or proceeding for ninety days and
such additional time as is necessary for the rehabilitator to
obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the
pending litigation as he or she deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition
the courts having jurisdiction over that litigation for stays
whenever necessary to protect the estate of the insurer.
(2) A statute of limitations or defense of laches does not
run with respect to an action by or against an insurer between
the filing of a petition for appointment of a rehabilitator for
that insurer and the order granting or denying that petition.
An action against the insurer that might have been commenced when the petition was filed may be commenced for at
least sixty days after the order of rehabilitation is entered or
the petition is denied. The rehabilitator may institute an
action or proceeding pursuant to an order of rehabilitation,
within the later of two years following entry of the order or
two years of the date the rehabilitator discovers, or in the
exercise of reasonable care should have discovered, the
injury from which the action or proceeding arose and its
cause. However, actions against former directors, officers,
and employees brought pursuant to an order of rehabilitation
for the benefit or the protection of subscribers, policy beneficiaries, or the general public is subject to the limitations
period of RCW 4.16.160.
(3) A guaranty association or foreign guaranty association covering life or health insurance or annuities has standing to appear in a court proceeding concerning the rehabilitation of a life or health insurer if the association is or may
become liable to act as a result of the rehabilitation. [2007 c
80 § 10; 1993 c 462 § 77.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.050
48.31.050 Liquidation—Grounds. The commissioner
may apply for an order directing him to liquidate the business
of a domestic insurer or of the United States branch of an
alien insurer having trusteed assets in this state, regardless of
whether or not there has been a prior order directing him to
rehabilitate such insurer, upon any of the grounds specified in
RCW 48.31.030 or upon any one or more of the following
grounds: That the insurer
(1) Has ceased transacting business for a period of one
year; or
(2) Is an insolvent insurer and has commenced voluntary
liquidation or dissolution, or attempts to commence or prosecute any action or proceeding to liquidate its business or
affairs, or to dissolve its corporate charter, or to procure the
(2008 Ed.)
48.31.090
appointment of a receiver, trustee, custodian, or sequestrator
under any law except this code; or
(3) Has not organized or completed its organization and
obtained a certificate of authority as an insurer prior to the
expiration or revocation of its solicitation permit. [1947 c 79
§ .31.05; Rem. Supp. 1947 § 45.31.05.]
48.31.060 Liquidation—Order. (1) An order to liquidate the business of a domestic insurer shall direct the commissioner forthwith to take possession of the property of the
insurer, to liquidate its business, to deal with the insurer’s
property and business in his own name as commissioner or in
the name of the insurer as the court may direct, to give notice
to all creditors who may have claims against the insurer to
present such claims.
(2) The commissioner may apply under this chapter for
an order dissolving the corporate existence of a domestic
insurer:
(a) Upon his application for an order of liquidation of
such insurer, or at any time after such order has been granted;
or
(b) Upon the grounds specified in item (3) of RCW
48.31.050, regardless of whether an order of liquidation is
sought or has been obtained. [1947 c 79 § .31.06; Rem. Supp.
1947 § 45.31.06.]
48.31.060
48.31.070 Liquidation—Alien insurers. An order to
liquidate the business of the United States branch of an alien
insurer having trusteed assets in this state shall be in the same
terms as those prescribed for domestic insurers, except that
only the assets of the business of such United States branch
shall be included therein. [1947 c 79 § .31.07; Rem. Supp.
1947 § 45.31.07.]
48.31.070
48.31.080 Conservation of assets—Foreign insurers.
The commissioner may apply for an order directing him to
conserve the assets within this state of a foreign insurer upon
any one or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to (9)
inclusive of RCW 48.31.030 and in item (2) of RCW
48.31.050.
(2) That its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty. [1947 c 79 §
.31.08; Rem. Supp. 1947 § 45.31.08.]
48.31.080
48.31.090 Conservation of assets—Alien insurers.
The commissioner may apply for an order directing him to
conserve the assets within this state of an alien insurer upon
any one or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to (9)
inclusive of RCW 48.31.030 and in item (2) of RCW
48.31.050; or
(2) That the insurer has failed to comply, within the time
designated by the commissioner, with an order of the commissioner pursuant to law to make good an impairment of its
trusteed funds; or
(3) That the property of the insurer has been sequestrated
in its domiciliary sovereignty or elsewhere. [1947 c 79 §
.31.09; Rem. Supp. 1947 § 45.31.09.]
48.31.090
[Title 48 RCW—page 223]
48.31.100
Title 48 RCW: Insurance
48.31.100 Foreign or alien insurers—Conservation,
ancillary proceedings. (1) An order to conserve the assets
of a foreign or alien insurer must direct the commissioner
immediately to take possession of the property of the insurer
within this state and to conserve it, subject to the further
direction of the court.
(2) Whenever a domiciliary receiver is appointed for a
foreign or alien insurer in its domiciliary state that is also a
reciprocal state, as defined in RCW 48.99.010, the court shall
on application of the commissioner appoint the commissioner
as the ancillary receiver in this state, subject to the provisions
of the uniform insurers liquidation act. [2005 c 223 § 23;
1947 c 79 § .31.10; Rem. Supp. 1947 § 45.31.10.]
48.31.100
48.31.105 Conduct of proceedings—Requirement to
cooperate—Definitions—Violations—Penalties. (1) An
officer, manager, director, trustee, owner, employee, or agent
of an insurer or other person with authority over or in charge
of a segment of the insurer’s affairs shall cooperate with the
commissioner in a proceeding under this chapter or an investigation preliminary to the proceeding. The term "person" as
used in this section includes a person who exercises control
directly or indirectly over activities of the insurer through a
holding company or other affiliate of the insurer. "To cooperate" as used in this section includes the following:
(a) To reply promptly in writing to an inquiry from the
commissioner requesting such a reply; and
(b) To make available to the commissioner books,
accounts, documents, or other records or information or property of or pertaining to the insurer and in his or her possession, custody, or control.
(2) A person may not obstruct or interfere with the commissioner in the conduct of a delinquency proceeding or an
investigation preliminary or incidental thereto.
(3) This section does not abridge existing legal rights,
including the right to resist a petition for liquidation or other
delinquency proceedings, or other orders.
(4) A person included within subsection (1) of this section who fails to cooperate with the commissioner, or a person who obstructs or interferes with the commissioner in the
conduct of a delinquency proceeding or an investigation preliminary or incidental thereto, or who violates an order the
commissioner issued validly under this chapter may:
(a) Be guilty of a gross misdemeanor and sentenced to
pay a fine not exceeding ten thousand dollars or to undergo
imprisonment for a term of not more than one year, or both;
or
(b) After a hearing, be subject to the imposition by the
commissioner of a civil penalty not to exceed ten thousand
dollars and be subject further to the revocation or suspension
of insurance licenses issued by the commissioner. [2003 c 53
§ 272; 1993 c 462 § 58.]
48.31.105
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts. (Effective
until July 1, 2009.) (1) A delinquency proceeding may not
be commenced under this chapter by anyone other than the
48.31.111
[Title 48 RCW—page 224]
commissioner of this state, and no court has jurisdiction to
entertain a proceeding commenced by another person.
(2) No court of this state has jurisdiction to entertain a
complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an
insurer, or praying for an injunction or restraining order or
other relief preliminary to, incidental to, or relating to the
proceedings, other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided
by the law of this state, a court of this state having jurisdiction
of the subject matter has jurisdiction over a person served
under the rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic
insurer or an alien insurer domiciled in this state:
(a) If the person served is an agent, broker, or other person who has written policies of insurance for or has acted in
any manner on behalf of an insurer against which a delinquency proceeding has been instituted, in an action resulting
from or incident to such a relationship with the insurer;
(b) If the person served is a reinsurer who has entered
into a contract of reinsurance with an insurer against which a
delinquency proceeding has been instituted, or is an agent or
broker of or for the reinsurer, in an action on or incident to the
reinsurance contract;
(c) If the person served is or has been an officer, director,
manager, trustee, organizer, promoter, or other person in a
position of comparable authority or influence over an insurer
against which a delinquency proceeding has been instituted,
in an action resulting from or incident to such a relationship
with the insurer;
(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of
the insurer, in an action concerning the assets; or
(e) If the person served is obligated to the insurer in any
way, in an action on or incident to the obligation.
(4) If the court on motion of a party finds that an action
should as a matter of substantial justice be tried in a forum
outside this state, the court may enter an appropriate order to
stay further proceedings on the action in this state. [2003 c
248 § 11; 1993 c 462 § 59.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts. (Effective
July 1, 2009.) (1) A delinquency proceeding may not be
commenced under this chapter by anyone other than the commissioner of this state, and no court has jurisdiction to entertain a proceeding commenced by another person.
(2) No court of this state has jurisdiction to entertain a
complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an
insurer, or praying for an injunction or restraining order or
other relief preliminary to, incidental to, or relating to the
proceedings, other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided
by the law of this state, a court of this state having jurisdiction
of the subject matter has jurisdiction over a person served
under the rules of civil procedure or other applicable provi48.31.111
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
sions of law in an action brought by the receiver of a domestic
insurer or an alien insurer domiciled in this state:
(a) If the person served is an insurance producer, title
insurance agent, or other person who has written policies of
insurance for or has acted in any manner on behalf of an
insurer against which a delinquency proceeding has been
instituted, in an action resulting from or incident to such a
relationship with the insurer;
(b) If the person served is a reinsurer who has entered
into a contract of reinsurance with an insurer against which a
delinquency proceeding has been instituted, or is an insurance producer of or for the reinsurer, in an action on or incident to the reinsurance contract;
(c) If the person served is or has been an officer, director,
manager, trustee, organizer, promoter, or other person in a
position of comparable authority or influence over an insurer
against which a delinquency proceeding has been instituted,
in an action resulting from or incident to such a relationship
with the insurer;
(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of
the insurer, in an action concerning the assets; or
(e) If the person served is obligated to the insurer in any
way, in an action on or incident to the obligation.
(4) If the court on motion of a party finds that an action
should as a matter of substantial justice be tried in a forum
outside this state, the court may enter an appropriate order to
stay further proceedings on the action in this state. [2008 c
217 § 43; 2003 c 248 § 11; 1993 c 462 § 59.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.115 Immunity from suit and liability—Persons
entitled to protection. (1) The persons entitled to protection
under this section are:
(a) The commissioner and any other receiver or administrative supervisor responsible for conducting a delinquency
proceeding under this chapter, including present and former
commissioners, administrative supervisors, and receivers;
and
(b) The commissioner’s employees, meaning all present
and former special deputies and assistant special deputies and
special receivers and special administrative supervisors
appointed by the commissioner and all persons whom the
commissioner, special deputies, or assistant special deputies
have employed to assist in a delinquency proceeding under
this chapter. Attorneys, accountants, auditors, and other professional persons or firms who are retained as independent
contractors, and their employees, are not considered employees of the commissioner for purposes of this section.
(2) The commissioner and the commissioner’s employees are immune from suit and liability, both personally and in
their official capacities, for a claim for damage to or loss of
property or personal injury or other civil liability caused by or
resulting from an alleged act or omission of the commissioner or an employee arising out of or by reason of his or her
duties or employment. However, nothing in this subsection
may be construed to hold the commissioner or an employee
48.31.115
(2008 Ed.)
48.31.115
immune from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful and wanton
misconduct of the commissioner or an employee.
(3) If a legal action is commenced against the commissioner or an employee, whether against him or her personally
or in his or her official capacity, alleging property damage,
property loss, personal injury, or other civil liability caused
by or resulting from an alleged act or omission of the commissioner or an employee arising out of or by reason of his or
her duties or employment, the commissioner and any
employee shall be indemnified from the assets of the insurer
for all expenses, attorneys’ fees, judgments, settlements,
decrees, or amounts due and owing or paid in satisfaction of
or incurred in the defense of the legal action unless it is determined upon a final adjudication on the merits that the alleged
act or omission of the commissioner or employee giving rise
to the claim did not arise out of or by reason of his or her
duties or employment, or was caused by intentional or willful
and wanton misconduct.
(a) Attorneys’ fees and related expenses incurred in
defending a legal action for which immunity or indemnity is
available under this section shall be paid from the assets of
the insurer, as they are incurred, in advance of the final disposition of such action upon receipt of an undertaking by or on
behalf of the commissioner or employee to repay the attorneys’ fees and expenses if it is ultimately determined upon a
final adjudication on the merits and that the commissioner or
employee is not entitled to immunity or indemnity under this
section.
(b) Any indemnification under this section is an administrative expense of the insurer.
(c) In the event of an actual or threatened litigation
against the commissioner or an employee for which immunity or indemnity may be available under this section, a reasonable amount of funds that in the judgment of the commissioner may be needed to provide immunity or indemnity shall
be segregated and reserved from the assets of the insurer as
security for the payment of indemnity until all applicable
statutes of limitation have run or all actual or threatened
actions against the commissioner or an employee have been
completely and finally resolved, and all obligations of the
insurer and the commissioner under this section have been
satisfied.
(d) In lieu of segregation and reserving of funds, the
commissioner may obtain a surety bond or make other
arrangements that will enable the commissioner to secure
fully the payment of all obligations under this section.
(4) If a legal action against an employee for which
indemnity may be available under this section is settled
before final adjudication on the merits, the insurer shall pay
the settlement amount on behalf of the employee, or indemnify the employee for the settlement amount, unless the commissioner determines:
(a) That the claim did not arise out of or by reason of the
employee’s duties or employment; or
(b) That the claim was caused by the intentional or willful and wanton misconduct of the employee.
(5) In a legal action in which the commissioner is a
defendant, that portion of a settlement relating to the alleged
act or omission of the commissioner is subject to the approval
of the court before which the delinquency proceeding is
[Title 48 RCW—page 225]
48.31.121
Title 48 RCW: Insurance
pending. The court may not approve that portion of the settlement if it determines:
(a) That the claim did not arise out of or by reason of the
commissioner’s duties or employment; or
(b) That the claim was caused by the intentional or willful and wanton misconduct of the commissioner.
(6) Nothing in this section removes or limits an immunity, indemnity, benefit of law, right, or defense otherwise
available to the commissioner, an employee, or any other person, not an employee under subsection (1)(b) of this section,
who is employed by or in the office of the commissioner or
otherwise employed by the state.
(7)(a) Subsection (2) of this section applies to any suit
based in whole or in part on an alleged act or omission that
takes place on or after July 25, 1993.
(b) No legal action lies against the commissioner or an
employee based in whole or in part on an alleged act or omission that took place before July 25, 1993, unless suit is filed
and valid service of process is obtained within twelve months
after July 25, 1993.
(c) Subsections (3), (4), and (5) of this section apply to a
suit that is pending on or filed after July 25, 1993, without
regard to when the alleged act or omission took place. [2005
c 432 § 2; 1993 c 462 § 60.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.121 Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and review. (1) The commissioner may
petition the court alleging, with respect to a domestic insurer:
(a) That there exists a ground that would justify a court
order for a formal delinquency proceeding against an insurer
under this chapter;
(b) That the interests of policyholders, creditors, or the
public will be endangered by delay; and
(c) The contents of an order deemed necessary by the
commissioner.
(2) Upon a filing under subsection (1) of this section, the
court may issue forthwith, ex parte and without a hearing, the
requested order that shall: Direct the commissioner to take
possession and control of all or a part of the property, books,
accounts, documents, and other records of an insurer, and of
the premises occupied by it for transaction of its business;
and until further order of the court enjoin the insurer and its
officers, managers, agents, and employees from disposition
of its property and from the transaction of its business except
with the written consent of the commissioner.
(3) The court shall specify in the order what the order’s
duration shall be, which shall be such time as the court deems
necessary for the commissioner to ascertain the condition of
the insurer. On motion of either party or on its own motion,
the court may from time to time hold hearings it deems desirable after such notice as it deems appropriate, and may
extend, shorten, or modify the terms of the seizure order. The
court shall vacate the seizure order if the commissioner fails
to commence a formal proceeding under this chapter after
having had a reasonable opportunity to do so. An order of the
court pursuant to a formal proceeding under this chapter
vacates the seizure order.
48.31.121
[Title 48 RCW—page 226]
(4) Entry of a seizure order under this section does not
constitute an anticipatory breach of a contract of the insurer.
(5) An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of an
order under this section for a hearing and review of the order.
The court shall hold the hearing and review not more than fifteen days after the request. A hearing under this subsection
may be held privately in chambers, and it must be so held if
the insurer proceeded against so requests.
(6) If, at any time after the issuance of an order under this
section, it appears to the court that a person whose interest is
or will be substantially affected by the order did not appear at
the hearing and has not been served, the court may order that
notice be given. An order that notice be given does not stay
the effect of an order previously issued by the court. [1993 c
462 § 61.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.125 Order of liquidation—Termination of coverage. (1) All policies, including bonds and other noncancellable business, other than life or health insurance or annuities,
in effect at the time of issuance of an order of liquidation continue in force only until the earliest of:
(a) The end of a period of thirty days from the date of
entry of the liquidation order;
(b) The expiration of the policy coverage;
(c) The date when the insured has replaced the insurance
coverage with equivalent insurance in another insurer or otherwise terminated the policy;
(d) The liquidator has effected a transfer of the policy
obligation; or
(e) The date proposed by the liquidator and approved by
the court to cancel coverage.
(2) An order of liquidation terminates coverages at the
time specified in subsection (1) of this section for purposes of
any other statute.
(3) Policies of life or health insurance or annuities shall
continue in force for the period and under the terms provided
by an applicable guaranty association or foreign guaranty
association.
(4) Policies of life or health insurance or annuities or a
period or coverage of the policies not covered by a guaranty
association or foreign guaranty association shall terminate
under subsections (1) and (2) of this section. [1993 c 462 §
62.]
48.31.125
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.131 Appointment of liquidator—Actions at law
or equity—Statute of limitations or defense of laches. (1)
Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, an
action at law or equity or in arbitration may not be brought
against the insurer or liquidator, whether in this state or elsewhere, nor may such an existing action be maintained or further presented after issuance of the order. The courts of this
state shall give full faith and credit to injunctions against the
liquidator or the company when the injunctions are included
in an order to liquidate an insurer issued under laws in other
states corresponding to this subsection. Whenever, in the liq48.31.131
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
uidator’s judgment, protection of the estate of the insurer
necessitates intervention in an action against the insurer that
is pending outside this state, the liquidator may intervene in
the action. The liquidator may defend an action in which he
or she intervenes under this section at the expense of the
estate of the insurer.
(2) The liquidator may institute an action or proceeding
pursuant to an order of rehabilitation, within the later of two
years following entry of the order or two years of the date the
liquidator discovers, or in the exercise of reasonable care
should have discovered, the injury from which the action or
proceeding arose and its cause. However, actions against
former directors, officers, and employees brought pursuant to
an order of rehabilitation for the benefit or the protection of
subscribers, policy beneficiaries, or the general public is subject to the limitations period of RCW 4.16.160.
(3) A statute of limitation or defense of laches does not
run with respect to an action against an insurer between the
filing of a petition for liquidation against an insurer and the
denial of the petition. An action against the insurer that might
have been commenced when the petition was filed may be
commenced for at least sixty days after the petition is denied.
(4) A guaranty association or foreign guaranty association has standing to appear in a court proceeding concerning
the liquidation of an insurer if the association is or may
become liable to act as a result of the liquidation. [2007 c 80
§ 11; 1993 c 462 § 63.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.135 Recovery from reinsurers—Not reduced
by delinquency proceedings—Direct payment to insured.
The amount recoverable by the commissioner from reinsurers
may not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract
or other agreement except as provided in RCW 48.31.290.
Payment made directly to an insured or other creditor does
not diminish the reinsurer’s obligation to the insurer’s estate
except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. [1993 c 462 § 64.]
48.31.135
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.141 Responsibility for payment of a premium—Earned or unearned premium—Violations—
Penalties—Rights of party aggrieved. (Effective until July
1, 2009.) (1)(a) An agent, broker, premium finance company, or any other person, other than the policy owner or the
insured, responsible for the payment of a premium is obligated to pay any unpaid premium for the full policy term due
the insurer at the time of the declaration of insolvency,
whether earned or unearned, as shown on the records of the
insurer. The liquidator also has the right to recover from the
person a part of an unearned premium that represents commission of the person. Credits or setoffs or both may not be
allowed to an agent, broker, or premium finance company for
amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a
payment by, the policy owner or the insured.
48.31.141
(2008 Ed.)
48.31.141
(b) Notwithstanding (a) of this subsection, the agent,
broker, premium finance company, or other person is not liable for uncollected unearned premium of the insurer. A presumption exists that the premium as shown on the books of
the insurer is collected, and the burden is upon the agent, broker, premium finance company, or other person to demonstrate by a preponderance of the evidence that the unearned
premium was not actually collected. For purposes of this subsection, "unearned premium" means that portion of an insurance premium covering the unexpired term of the policy or
the unexpired period of the policy period.
(c) An insured is obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer.
(2) Upon a violation of this section, the commissioner
may pursue either one or both of the following courses of
action:
(a) Suspend or revoke or refuse to renew the licenses of
the offending party or parties;
(b) Impose a penalty of not more than one thousand dollars for each violation.
(3) Before the commissioner may take an action as set
forth in subsection (2) of this section, he or she shall give
written notice to the person accused of violating the law, stating specifically the nature of the alleged violation, and fixing
a time and place, at least ten days thereafter, when a hearing
on the matter shall be held. After the hearing, or upon failure
of the accused to appear at the hearing, the commissioner, if
he or she finds a violation, shall impose those penalties under
subsection (2) of this section that he or she deems advisable.
(4) When the commissioner takes action in any or all of
the ways set out in subsection (2) of this section, the party
aggrieved has the rights granted under the Administrative
Procedure Act, chapter 34.05 RCW. [1993 c 462 § 65.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.141 Responsibility for payment of a premium—Earned or unearned premium—Violations—
Penalties—Rights of party aggrieved. (Effective July 1,
2009.) (1)(a) An insurance producer, title insurance agent,
premium finance company, or any other person, other than
the policy owner or the insured, responsible for the payment
of a premium is obligated to pay any unpaid premium for the
full policy term due the insurer at the time of the declaration
of insolvency, whether earned or unearned, as shown on the
records of the insurer. The liquidator also has the right to
recover from the person a part of an unearned premium that
represents commission of the person. Credits or setoffs or
both may not be allowed to an insurance producer, title insurance agent, or premium finance company for amounts
advanced to the insurer by the insurance producer, title insurance agent, surplus line broker, or premium finance company
on behalf of, but in the absence of a payment by, the policy
owner or the insured.
(b) Notwithstanding (a) of this subsection, the insurance
producer, title insurance agent, premium finance company, or
other person is not liable for uncollected unearned premium
of the insurer. A presumption exists that the premium as
shown on the books of the insurer is collected, and the burden
is upon the insurance producer, title insurance agent, pre48.31.141
[Title 48 RCW—page 227]
48.31.145
Title 48 RCW: Insurance
mium finance company, or other person to demonstrate by a
preponderance of the evidence that the unearned premium
was not actually collected. For purposes of this subsection,
"unearned premium" means that portion of an insurance premium covering the unexpired term of the policy or the unexpired period of the policy period.
(c) An insured is obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer.
(2) Upon a violation of this section, the commissioner
may pursue either one or both of the following courses of
action:
(a) Suspend or revoke or refuse to renew the licenses of
the offending party or parties;
(b) Impose a penalty of not more than one thousand dollars for each violation.
(3) Before the commissioner may take an action as set
forth in subsection (2) of this section, he or she shall give
written notice to the person accused of violating the law, stating specifically the nature of the alleged violation, and fixing
a time and place, at least ten days thereafter, when a hearing
on the matter shall be held. After the hearing, or upon failure
of the accused to appear at the hearing, the commissioner, if
he or she finds a violation, shall impose those penalties under
subsection (2) of this section that he or she deems advisable.
(4) When the commissioner takes action in any or all of
the ways set out in subsection (2) of this section, the party
aggrieved has the rights granted under the Administrative
Procedure Act, chapter 34.05 RCW. [2008 c 217 § 44; 1993
c 462 § 65.]
undertaking of another person, fails to prove and file that
claim, the other person may do so in the creditor’s name, and
is subrogated to the rights of the creditor, whether the claim
has been filed by the creditor or by the other person in the
creditor’s name, to the extent that he or she discharges the
undertaking. In the absence of an agreement with the creditor
to the contrary, the other person is not entitled to a distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer’s
estate to the creditor equals the amount of the entire claim of
the creditor. The creditor shall hold any excess received by
him or her in trust for the other person. The term "other person" as used in this section does not apply to a guaranty association or foreign guaranty association. [1993 c 462 § 67.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.31.155 Unclaimed funds—Liquidator’s application for discharge—Deposits with the department of revenue. Unclaimed funds subject to distribution remaining in
the liquidator’s hands when he or she is ready to apply to the
court for discharge, including the amount distributable to a
person who is unknown or cannot be found, shall be deposited with the state department of revenue as unclaimed funds,
and shall be paid without interest to the person entitled to
them or his or her legal representative upon proof satisfactory
to the state department of revenue of his or her right to them.
An amount on deposit not claimed within six years from the
discharge of the liquidator is deemed to have been abandoned
and shall be escheated without formal escheat proceedings
and be deposited with the state treasurer. [2007 c 80 § 12;
1993 c 462 § 68.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.145 Liquidator denies claim—Written
notice—Objections of claimant—Court hearing. (1)
When the liquidator denies a claim in whole or in part, the
liquidator shall give written notice of the determination to the
claimant or the claimant’s attorney by first-class mail at the
address shown in the proof of claim. Within sixty days from
the mailing of the notice, the claimant may file his or her
objections with the liquidator. If no such a filing is made, the
claimant may not further object to the determination.
(2) Whenever the claimant files objections with the liquidator and the liquidator does not alter his or her denial of
the claim as a result of the objections, the liquidator shall ask
the court for a hearing as soon as practicable and give notice
of the hearing by first-class mail to the claimant or the claimant’s attorney and to other persons directly affected, not less
than ten nor more than thirty days before the date of the hearing. The matter may be heard by the court or by a courtappointed referee who shall submit findings of fact along
with his or her recommendation. [1993 c 462 § 66.]
48.31.161 After termination of liquidation proceeding—Good cause to reopen proceedings. After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at
any time petition the court to reopen the proceedings for good
cause, including the discovery of additional assets. If the
court is satisfied that there is justification for reopening, it
shall so order. [1993 c 462 § 69.]
48.31.145
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.151 Creditor’s claim against insurer is secured
by other person—Subrogated rights—Agreements concerning distributions. Whenever a creditor whose claim
against an insurer is secured, in whole or in part, by the
48.31.151
[Title 48 RCW—page 228]
48.31.155
48.31.161
Severability—Implementation—1993 c 462: See note following
RCW 48.31B.901 and 48.31B.902.
48.31.165 Domiciliary receiver not appointed—
Court order to liquidate—Notice—Domiciliary receiver
appointed in other state. (1) If no domiciliary receiver has
been appointed, the commissioner may apply to the court for
an order directing him or her to liquidate the assets found in
this state of a foreign insurer or an alien insurer not domiciled
in this state, on any of the grounds stated in: RCW 48.31.030,
except subsection (10) of that section; 48.31.050(2); or
48.31.080.
(2) When an order is sought under subsection (1) of this
section, the court shall cause the insurer to be given thirty
days’ notice and time to respond, or a lesser period reasonable under the circumstances.
(3) If it appears to the court that the best interests of creditors, policyholders, and the public require, the court may
48.31.165
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the recorder
of deeds of the county in which the principal business of the
company in this state is located or the county in which its
principal office or place of business in this state is located,
imparts the same notice as a deed or other evidence of title
duly filed or recorded with that recorder of deeds would have
imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal
state while a liquidation is proceeding under this section, the
liquidator under this section shall thereafter act as ancillary
receiver under RCW 48.99.030. If a domiciliary liquidator is
appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section
may petition the court for permission to act as ancillary
receiver under RCW 48.99.030.
(5) On the same grounds as are specified in subsection
(1) of this section, the commissioner may petition an appropriate federal court to be appointed receiver to liquidate that
portion of the insurer’s assets and business over which the
court will exercise jurisdiction, or any lesser part thereof that
the commissioner deems desirable for the protection of policyholders, creditors, and the public in this state.
(6) The court may order the commissioner, when he or
she has liquidated the assets of a foreign or alien insurer
under this section, to pay claims of residents of this state
against the insurer under those rules on the liquidation of
insurers under this chapter that are otherwise compatible with
this section. [1993 c 462 § 70.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.171
48.31.171 Domiciliary liquidator—Reciprocal
state—Nonreciprocal state—Commissioner’s duties. (1)
Except as to special deposits and security on secured claims
under RCW 48.99.030(2), the domiciliary liquidator of an
insurer domiciled in a reciprocal state is vested by operation
of law with the title to all of the assets, property, contracts,
and rights of action, agents’ balances, and all the books,
accounts, and other records of the insurer located in this state.
The date of vesting is the date of the filing of the petition, if
that date is specified by the domiciliary law for the vesting of
property in the domiciliary state. Otherwise, the date of vesting is the date of entry of the order directing possession to be
taken. The domiciliary liquidator has the immediate right to
recover balances due from agents and to obtain possession of
the books, accounts, and other records of the insurer located
in this state. The domiciliary liquidator also has the right to
recover all other assets of the insurer located in this state, subject to RCW 48.99.030.
(2) If a domiciliary liquidator is appointed for an insurer
not domiciled in a reciprocal state, the commissioner of this
state is vested by operation of law with the title to all of the
property, contracts, and rights of action, and all the books,
accounts, and other records of the insurer located in this state,
at the same time that the domiciliary liquidator is vested with
title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under RCW
48.31.100 or 48.99.030, or for an ancillary receivership under
RCW 48.99.030, or after approval by the court may transfer
(2008 Ed.)
48.31.184
title to the domiciliary liquidator, as the interests of justice
and the equitable distribution of the assets require.
(3) Claimants residing in this state may file claims with
the liquidator or ancillary receiver, if any, in this state or with
the domiciliary liquidator, if the domiciliary law permits. The
claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
[1993 c 462 § 71.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.175 Foreign or alien insurer—Property located
in this state—Commissioner’s discretion. The commissioner in his or her sole discretion may institute proceedings
under RCW 48.31.121 at the request of the commissioner or
other appropriate insurance official of the domiciliary state of
a foreign or alien insurer having property located in this state.
[1993 c 462 § 72.]
48.31.175
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.181 Liquidation proceedings—One or more
reciprocal states—Distributions—Special deposit
claims—Secured claims. (1) In a liquidation proceeding in
this state involving one or more reciprocal states, the order of
distribution of the domiciliary state controls as to claims of
residents of this and reciprocal states. Claims of residents of
reciprocal states shall be given equal priority of payment
from general assets regardless of where the assets are located.
(2) The owners of special deposit claims against an
insurer for which a liquidator is appointed in this or any other
state shall be given priority against the special deposits in
accordance with the statutes governing the creation and
maintenance of the deposits. If there is a deficiency in a
deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets,
but the sharing shall be deferred until general creditors, and
also claimants against other special deposits who have
received smaller percentages from their respective special
deposits, have been paid percentages of their claims equal to
the percentage paid from the special deposit.
(3) The owner of a secured claim against an insurer for
which a liquidator has been appointed in this or another state
may surrender his or her security and file his or her claim as
a general creditor, or the claim may be discharged by resort to
the security, in which case the deficiency, if any, shall be
treated as a claim against the general assets of the insurer on
the same basis as claims of unsecured creditors. [1993 c 462
§ 73.]
48.31.181
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.184 Ancillary receiver in another state or foreign country—Failure to transfer assets. If an ancillary
receiver in another state or foreign country, whether called by
that name or not, fails to transfer to the domiciliary liquidator
in this state assets within his or her control other than special
deposits, diminished only by the expenses of the ancillary
receivership, if any, then the claims filed in the ancillary
receivership, other than special deposit claims or secured
48.31.184
[Title 48 RCW—page 229]
48.31.185
Title 48 RCW: Insurance
claims, shall be placed in the class of claims under RCW
48.31.280(8). [2003 c 248 § 12; 1993 c 462 § 74.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.185 Receiver’s proposal to disperse assets upon
liquidation—Application for approval—Contents of proposal—Notice of application. (1) Within one hundred
twenty days of a final determination of insolvency of an
insurer and order of liquidation by a court of competent jurisdiction of this state, the receiver shall make application to the
court for approval of a proposal to disperse assets out of that
insurer’s marshalled assets from time to time as assets
become available to the Washington insurance guaranty association and the Washington life and disability insurance guaranty association and to any entity or person performing a similar function in another state. For purposes of this section,
"associations" means the Washington insurance guaranty
association and the Washington life and disability insurance
guaranty association and any entity or person performing a
similar function in other states.
(2) Such a proposal must at least include provisions for:
(a) Reserving amounts for the payment of claims falling
within the priorities established in RCW 48.31.280;
(b) Disbursement of the assets marshalled to date and
subsequent disbursements of assets as they become available;
(c) Equitable allocation of disbursements to each of the
associations entitled thereto;
(d) The securing by the receiver from each of the associations entitled to disbursements pursuant to this section an
agreement to return to the receiver assets previously disbursed that are required to pay claims of secured creditors
and claims falling within the priorities established in RCW
48.31.280. A bond is not required of any association; and
(e) A full report by the association to the receiver
accounting for all assets so disbursed to the association, all
disbursements made therefrom, any interest earned by the
association on those assets, and any other matters as the court
may direct.
(3) The receiver’s proposal must provide for disbursements to the associations in amounts estimated at least equal
to the claim payments made or to be made thereby for which
such associations could assert a claim against the receiver,
and must further provide that if the assets available for disbursement from time to time do not equal or exceed the
amount of the claim payments made or to be made by the
associations then disbursements must be in the amount of
available assets.
(4) The receiver’s proposal shall, with respect to an
insolvent insurer writing life insurance, disability insurance,
or annuities, provide for disbursements of assets to the Washington life and disability insurance guaranty association or to
any other entity or organization reinsuring, assuming, or
guaranteeing policies or contracts of insurance under the provisions of the Washington life and disability insurance guaranty association act.
(5) Notice of an application must be given to the associations in and to the commissioners of insurance of each of the
states. Notice is effected when deposited in the United States
certified mails, first class postage prepaid, at least thirty days
48.31.185
[Title 48 RCW—page 230]
prior to submission of the application to the court. [2003 c
248 § 13; 1975-’76 2nd ex.s. c 109 § 10.]
48.31.190 Commencement of proceeding—Venue—
Effect of appellate review. (1) Proceedings under this chapter involving a domestic insurer shall be commenced in the
superior court for the county in which is located the insurer’s
home office or, at the election of the commissioner, in the
superior court for Thurston county. Proceedings under this
chapter involving other insurers shall be commenced in the
superior court for Thurston county.
(2) The commissioner shall commence any such proceeding, the attorney general representing him, by an application to the court or to any judge thereof, for an order directing
the insurer to show cause why the commissioner should not
have the relief prayed for.
(3) Upon a showing of an emergency or threat of imminent loss to policyholders of the insurer the court may issue
an ex parte order authorizing the commissioner immediately
to take over the premises and assets of the insurer, the commissioner then to preserve the status quo, pending a hearing
on the order to show cause, which shall be heard as soon as
the court calendar permits in preference to other civil cases.
(4) In response to any order to show cause issued under
this chapter the insurer shall have the burden of going forward with and producing evidence to show why the relief
prayed for by the commissioner is not required.
(5) On the return of such order to show cause, and after a
full hearing, the court shall either deny the relief sought in the
application or grant the relief sought in the application
together with such other relief as the nature of the case and
the interest of policyholders, creditors, stockholders, members, subscribers, or the public may require.
(6) No appellate review of a superior court order, entered
after a hearing, granting the commissioner’s petition to rehabilitate an insurer or to carry out an insolvency proceeding
under this chapter, shall stay the action of the commissioner
in the discharge of his responsibilities under this chapter,
pending a decision by the appellate court in the matter.
(7) In any proceeding under this chapter the commissioner and his deputies shall be responsible on their official
bonds for the faithful performance of their duties. If the court
deems it desirable for the protection of the assets, it may at
any time require an additional bond from the commissioner
or his deputies. [1993 c 462 § 82; 1988 c 202 § 46; 1969 ex.s.
c 241 § 13; 1967 c 150 § 31; 1947 c 79 § .31.19; Rem. Supp.
1947 § 45.31.19.]
48.31.190
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—1988 c 202: See note following RCW 2.24.050.
48.31.200 Injunctions. (1) Upon application by the
commissioner for such an order to show cause or at any time
thereafter, the court may without notice issue an injunction
restraining the insurer, its officers, directors, stockholders,
members, subscribers, agents, and all other persons from the
transaction of its business or the waste or disposition of its
property until the further order of the court.
(2) The court may at any time during a proceeding under
this chapter issue such other injunctions or orders as may be
deemed necessary to prevent interference with the commis48.31.200
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
sioner or the proceeding, or waste of the assets of the insurer,
or the commencement or prosecution of any actions, or the
obtaining of preferences, judgments, attachments or other
liens, or the making of any levy against the insurer or against
its assets or any part thereof. [1947 c 79 § .31.20; Rem. Supp.
1947 § 45.31.20.]
48.31.210 Change of venue. At any time after the commencement of a proceeding under this chapter the commissioner may apply to the court for an order changing the venue
of, and removing the proceeding to Thurston county, or to
any other county of this state in which he deems that such
proceeding may be most economically and efficiently conducted. [1947 c 79 § .31.21; Rem. Supp. 1947 § 45.31.21.]
48.31.210
48.31.220 Deposit of moneys collected. The moneys
collected by the commissioner in a proceeding under this
chapter, shall be, from time to time, deposited in one or more
state or national banks, savings banks, or trust companies,
and in the case of the insolvency or voluntary or involuntary
liquidation of any such depositary which is an institution
organized and supervised under the laws of this state, such
deposits shall be entitled to priority of payment on an equality
with any other priority given by the banking law of this state.
The commissioner may in his discretion deposit such moneys
or any part thereof in a national bank or trust company as a
trust fund. [1947 c 79 § .31.22; Rem. Supp. 1947 § 45.31.22.]
48.31.220
48.31.230 Exemption from filing fees. The commissioner shall not be required to pay any fee to any public
officer in this state for filing, recording, issuing a transcript or
certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers
or duties conferred upon him under this chapter, whether or
not such paper or instrument be executed by the commissioner or his deputies, employees, or attorneys of record and
whether or not it is connected with the commencement of an
action or proceeding by or against the commissioner, or with
the subsequent conduct of such action or proceeding. [1947
c 79 § .31.23; Rem. Supp. 1947 § 45.31.23.]
48.31.230
48.31.240 Borrowing on pledge of assets. For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter the
commissioner may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or
other evidences of indebtedness therefor and secure the
repayment of the same by the mortgage, pledge, assignment,
transfer in trust, or hypothecation of any or all of the property
whether real, personal or mixed of such insurer, and the commissioner, subject to the approval of the court, shall have
power to take any and all other action necessary and proper to
consummate any such loans and to provide for the repayment
thereof. The commissioner shall be under no obligation personally or in his official capacity as commissioner to repay
any loan made pursuant to this section. [1947 c 79 § .31.24;
Rem. Supp. 1947 § 45.31.24.]
48.31.240
48.31.260 Liquidation—Date rights, liabilities fixed.
The rights and liabilities of the insurer and of its creditors,
48.31.260
(2008 Ed.)
48.31.280
policyholders, stockholders, members, subscribers, and all
other persons interested in its estate shall, unless otherwise
directed by the court, be fixed as of the date on which the
order directing the liquidation of the insurer is filed in the
office of the clerk of the court which made the order, subject
to the provisions of RCW 48.31.300 with respect to the rights
of claimants holding contingent claims and RCW 48.31.280
with respect to the priority and order of distributions of
claims. [2001 c 40 § 2; 1947 c 79 § .31.26; Rem. Supp. 1947
§ 45.31.26.]
Application—Severability—2001 c 40: See notes following RCW
48.31.280.
48.31.270 Voidable transfers. (1) Any transfer of, or
lien upon, the property of an insurer which is made or created
within four months prior to the granting of an order to show
cause under this chapter with the intent of giving to any creditor or of enabling him to obtain a greater percentage of his
debt than any other creditor of the same class and which is
accepted by such creditor having reasonable cause to believe
that such a preference will occur, shall be voidable.
(2) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of such
insurer who shall be concerned in any such act or deed and
every person receiving thereby any property of such insurer
or the benefit thereof shall be personally liable therefor and
shall be bound to account to the commissioner.
(3) The commissioner as liquidator, rehabilitator or conservator in any proceeding under this chapter, may avoid any
transfer of, or lien upon the property of an insurer which any
creditor, stockholder, subscriber or member of such insurer
might have avoided and may recover the property so transferred unless such person was a bona fide holder for value
prior to the date of the granting of an order to show cause
under this chapter. Such property or its value may be recovered from anyone who has received it except a bona fide
holder for value as above specified. [1947 c 79 § .31.27;
Rem. Supp. 1947 § 45.31.27.]
48.31.270
48.31.280 Priority and order of distribution of
claims. The priority of distribution of claims from the
insurer’s estate is as follows: Every claim in a class must be
paid in full or adequate funds retained for payment before the
members of the next class receive any payment; no subclasses may be established within a class; and no claim by a
shareholder, policyholder, or other creditor may circumvent
the priority classes through the use of equitable remedies.
The order of distribution of claims is:
(1) Class 1. The costs and expenses of administration
during rehabilitation and liquidation, including but not limited to the following:
(a) The actual and necessary costs of preserving or
recovering the assets of the insurer;
(b) Compensation for all authorized services rendered in
the rehabilitation and liquidation;
(c) Necessary filing fees;
(d) The fees and mileage payable to witnesses;
(e) Authorized reasonable attorneys’ fees and other professional services rendered in the rehabilitation and liquidation;
48.31.280
[Title 48 RCW—page 231]
48.31.290
Title 48 RCW: Insurance
(f) The reasonable expenses of a guaranty association or
foreign guaranty association for unallocated loss adjustment
expenses.
(2) Class 2. Loss claims. For purposes of this section,
loss claims are all claims under policies, including claims of
the federal or a state or local government, for losses incurred,
including third-party claims, and all claims of a guaranty
association or foreign guaranty association. All claims under
life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, are loss
claims. That portion of any loss indemnification that is provided for by other benefits or advantages recovered by the
claimant, is not included in this class, other than benefits or
advantages recovered or recoverable in discharge of familial
obligations of support or by way of succession at death or as
proceeds of life insurance, or as gratuities. No payment by an
employer to an employee may be treated as a gratuity. Loss
claims also include claims under nonassessable policies for
unearned premium or other premium refunds.
(3) Class 3. Claims of the federal government, other than
claims which are included as loss claims under subsection (2)
of this section.
(4) Class 4. Reasonable compensation to employees for
services performed to the extent that they do not exceed two
months of monetary compensation and represent payment for
services performed within one year before the filing of the
petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation; except, where there are no claims and no potential
claims of the federal government in the estate, in which case
claims in this class shall have priority over claims in class 2
and below. Principal officers and directors are not entitled to
the benefit of this priority except as otherwise approved by
the liquidator and the court. This priority is in lieu of any
other similar priority that may be authorized by law as to
wages or compensation of employees.
(5) Class 5. Claims of general creditors including claims
of ceding and assuming companies in their capacity as such.
(6) Class 6. Claims of any state or local government,
except those under subsection (2) of this section. Claims,
including those of any governmental body for a penalty or
forfeiture, are allowed in this class only to the extent of the
pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder
of such claims are postponed to the class of claims under subsection (9) of this section.
(7) Class 7. Claims filed late or any other claims other
than claims under subsections (8) and (9) of this section.
(8) Class 8. Surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies
are limited in accordance with law.
(9) Class 9. The claims of shareholders or other owners
in their capacity as shareholders. [2001 c 40 § 1; 1993 c 462
§ 83; 1975-’76 2nd ex.s. c 109 § 1; 1947 c 79 § .31.28; Rem.
Supp. 1947 § 45.31.28.]
Application—2001 c 40: "This act applies to and governs all claims
filed in any proceeding to liquidate an insurer that is initiated on or after January 1, 2001." [2001 c 40 § 3.]
[Title 48 RCW—page 232]
Severability—2001 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 40 § 4.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.290 Offsets. (1) In all cases of mutual debts or
mutual credits between the insurer and another person in connection with any action or proceeding under this chapter,
such credits and debts shall be set off and the balance only
shall be allowed or paid, except as provided in subsection (2)
of this section.
(2) No offset shall be allowed in favor of any such person
where (a) the obligation of the insurer to such person would
not at the date of the entry of any liquidation order, or otherwise, as provided in RCW 48.31.260, entitle him to share as
a claimant in the assets of the insurer, or (b) the obligation of
the insurer to such person was purchased by or transferred to
such person with a view of its being used as an offset, or (c)
the obligation of such person is to pay an assessment levied
against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon a
subscription to the capital stock of a stock insurer. [1947 c 79
§ .31.29; Rem. Supp. 1947 § 45.31.29.]
48.31.290
48.31.300 Allowance of contingent and other claims.
(1) No contingent claim shall share in a distribution of the
assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to RCW 48.31.310, except
that such claims shall be considered, if properly presented,
and may be allowed to share where:
(a) Such claim becomes absolute against the insurer on
or before the last day fixed for filing of proofs of claim
against the assets of such insurer, or
(b) There is a surplus and the liquidation is thereafter
conducted upon the basis that such insurer is solvent.
(2) Where an insurer has been so adjudicated to be insolvent any person who has a cause of action against an insured
of such insurer under a liability insurance policy issued by
such insurer, shall have the right to file a claim in the liquidation proceeding, regardless of the fact that such claim may be
contingent, and such claim may be allowed
(a) If it may be reasonably inferred from the proof presented upon such claim that such person would be able to
obtain a judgment upon such cause of action against such
insured; and
(b) If such person shall furnish suitable proof, unless the
court for good cause shown shall otherwise direct, that no
further valid claims against such insurer arising out of his or
her cause of action other than those already presented can be
made; and
(c) If the total liability of such insurer to all claimants
arising out of the same act of its insured shall be no greater
than its maximum liability would be were it not in liquidation.
No judgment against such an insured taken after the date
of the entry of the liquidation order shall be considered in the
liquidation proceedings as evidence of liability, or of the
amount of damages, and no judgment against an insured
taken by default, inquest or by collusion prior to the entry of
48.31.300
(2008 Ed.)
Mergers, Rehabilitation, Liquidation, Supervision
the liquidation order shall be considered as conclusive evidence in the liquidation proceeding either of the liability of
such insured to such person upon such cause of action or of
the amount of damages to which such person is therein entitled.
(3) No claim of any secured claimant shall be allowed at
a sum greater than the difference between the value of the
claim without security and the value of the security itself as
of the date of the entry of the order of liquidation or such
other date set by the court for fixation of rights and liabilities
as provided in RCW 48.31.260 unless the claimant shall surrender his or her security to the commissioner in which event
the claim shall be allowed in the full amount for which it is
valued.
(4) Whether or not the third party files a claim, the
insured may file a claim on his or her own behalf in the liquidation.
(5) No claim may be presented under this section if it is
or may be covered by a guaranty association or foreign guaranty association. [1993 c 462 § 84; 1947 c 79 § .31.30; Rem.
Supp. 1947 § 45.31.30.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.310 Time to file claims. (1) If upon the granting
of an order of liquidation under this chapter or at any time
thereafter during the liquidation proceeding, the insurer shall
not be clearly solvent, the court shall after such notice and
hearing as it deems proper, make an order declaring the
insurer to be insolvent. Thereupon, regardless of any prior
notice which may have been given to creditors, the commissioner shall notify all persons who may have claims against
such insurer and who have not filed proper proofs thereof, to
present the same to him, at a place specified in such notice,
within four months from the date of the entry of such order,
or if the commissioner shall certify that it is necessary, within
such longer time as the court shall prescribe. The last day for
the filing of proofs of claim shall be specified in the notice.
Such notice shall be given in a manner determined by the
court.
(2) Proofs of claim may be filed subsequent to the date
specified, but no such claim shall share in the distribution of
the assets until all allowed claims, proofs of which have been
filed before said date, have been paid in full with interest.
[1947 c 79 § .31.31; Rem. Supp. 1947 § 45.31.31.]
48.31.310
48.31.320 Report for assessment. Within three years
from the date an order of rehabilitation or liquidation of a
domestic mutual insurer or a domestic reciprocal insurer was
filed in the office of the clerk of the court by which such order
was made, the commissioner may make a report to the court
setting forth
(1) the reasonable value of the assets of the insurer;
(2) the insurer’s probable liabilities; and
(3) the probable necessary assessment, if any, to pay all
claims and expenses in full, including expenses of administration. [1947 c 79 § .31.32; Rem. Supp. 1947 § 45.31.32.]
48.31.320
48.31.330 Levy of assessment. (1) Upon the basis of
the report provided for in RCW 48.31.320, including any
48.31.330
(2008 Ed.)
48.31.360
amendments thereof, the court, ex parte, may levy one or
more assessments against all members of such insurer who,
as shown by the records of the insurer, were members (if a
mutual insurer) or subscribers (if a reciprocal insurer) at any
time within one year prior to the date of issuance of the order
to show cause under RCW 48.31.190.
(2) Such assessment or assessments shall cover the
excess of the probable liabilities over the reasonable value of
the assets, together with the estimated cost of collection and
percentage of uncollectibility thereof. The total of all assessments against any member or subscriber with respect to any
policy, whether levied pursuant to this chapter or pursuant to
any other provisions of this code, shall be for no greater
amount than that specified in the policy or policies of the
member or subscriber and as limited under this code; except
that if the court finds that the policy was issued at a rate of
premium below the minimum rate lawfully permitted for the
risk insured, the court may determine the upper limit of such
assessment upon the basis of such minimum rate.
(3) No assessment shall be levied against any member or
subscriber with respect to any nonassessable policy issued in
accordance with this code. [1947 c 79 § .31.33; Rem. Supp.
1947 § 45.31.33.]
48.31.340 Order for payment of assessment. After
levy of assessment as provided in RCW 48.31.330, upon the
filing of a further detailed report by the commissioner, the
court shall issue an order directing each member (if a mutual
insurer) or each subscriber (if a reciprocal insurer) if he shall
not pay the amount assessed against him to the commissioner
on or before a day to be specified in the order, to show cause
why he should not be held liable to pay such assessment
together with costs as set forth in RCW 48.31.360 and why
the commissioner should not have judgment therefor. [1947
c 79 § .31.34; Rem. Supp. 1947 § 45.31.34.]
48.31.340
48.31.350 Publication, transmittal of assessment
order. The commissioner shall cause a notice of such assessment order setting forth a brief summary of the contents of
such order to be:
(1) Published in such manner as shall be directed by the
court; and
(2) Enclosed in a sealed envelope, addressed and mailed
postage prepaid to each member or subscriber liable thereunder at his last known address as it appears on the records of
the insurer, at least twenty days before the return day of the
order to show cause provided for in RCW 48.31.340. [1947
c 79 § .31.35; Rem. Supp. 1947 § 45.31.35.]
48.31.350
48.31.360 Judgment upon the assessment. (1) On the
return day of the order to show cause provided for in RCW
48.31.340 if the member or subscriber does not appear and
serve verified objections upon the commissioner, the court
shall make an order adjudging that such member or subscriber is liable for the amount of the assessment against him
together with ten dollars costs, and that the commissioner
may have judgment against the member or subscriber therefor.
(2) If on such return day the member or subscriber shall
appear and serve verified objections upon the commissioner
48.31.360
[Title 48 RCW—page 233]
48.31.400
Title 48 RCW: Insurance
there shall be a full hearing before the court or a referee to
hear and determine, who, after such hearing, shall make an
order either negativing the liability of the member or subscriber to pay the assessment or affirming his liability to pay
the whole or some part thereof together with twenty-five dollars costs and the necessary disbursements incurred at such
hearing, and directing that the commissioner in the latter case
may have judgment therefor.
(3) A judgment upon any such order shall have the same
force and effect, and may be entered and docketed, and may
be appealed from as if it were a judgment in an original action
brought in the court in which the proceeding is pending.
[1947 c 79 § .31.36; Rem. Supp. 1947 § 45.31.36.]
48.31.400
48.31.400 Administrative supervision—Conditions—Notice and hearing. (1) An insurer may be subject
to administrative supervision by the commissioner if upon
examination or at any other time the commissioner makes a
finding that:
(a) The insurer’s condition renders the continuance of its
business financially hazardous to the public or to its insureds
consistent with this title or any rules adopted by the commissioner;
(b) The insurer has or appears to have exceeded its powers granted under its certificate of authority and this title or
any rules adopted by the commissioner;
(c) The insurer has failed to comply with the applicable
provisions of Title 48 RCW or rules adopted by the commissioner such that its condition has or will render the continuance of its business financially hazardous to the public or to
its insureds;
(d) The business of the insurer is being conducted fraudulently; or
(e) The insurer gives its consent.
(2) If the commissioner determines that the conditions
set forth in subsection (1) of this section exist, the commissioner shall:
(a) Notify the insurer of his or her determination;
(b) Furnish to the insurer a written list of the requirements to abate this determination; and
(c) Notify the insurer that it is under the supervision of
the commissioner and that the commissioner is applying and
effectuating the provisions of this chapter. Action by the
commissioner shall be subject to review pursuant to chapters
48.04 and 34.05 RCW.
(3) If placed under administrative supervision, the
insurer has sixty days, or another period of time as designated
by the commissioner, to comply with the requirements of the
commissioner subject to the provisions of this chapter.
(4) If it is determined after notice and hearing that the
conditions giving rise to the administrative supervision still
exist at the end of the supervision period under subsection (3)
of this section, the commissioner may extend the period.
(5) If it is determined that none of the conditions giving
rise to the administrative supervision exist, or that the insurer
has remedied the conditions that gave rise to the supervision,
the commissioner shall release the insurer from supervision.
[2005 c 432 § 3.]
[Title 48 RCW—page 234]
48.31.405 Administrative supervision—Confidentiality. (1) Except as set forth in this section, proceedings,
hearings, notices, correspondence, reports, records, and other
information in the possession of the commissioner relating to
the supervision of any insurer under this chapter are confidential and are not subject to chapter 42.56 RCW, are not
subject to subpoena, and are not subject to discovery or
admissible in evidence in any private civil action, except as
provided by this section. However, the commissioner is
authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action
brought as part of the commissioner’s official duties.
(2) The employees of the commissioner have access to
these proceedings, hearings, notices, correspondence,
reports, records, or information as permitted by the commissioner. Neither the commissioner nor any person who
received documents, materials, or other information while
acting under the authority of the commissioner is permitted
or required to testify in any private civil action concerning
any confidential documents, materials, or information subject
to subsection (1) of this section.
(3) The commissioner may share the notices, correspondence, reports, records, or information with other state, federal, and international regulatory agencies, with the national
association of insurance commissioners and its affiliates and
subsidiaries, and with state, federal, and international law
enforcement authorities, if the commissioner determines that
the disclosure is necessary or proper for the enforcement of
the laws of this or another state of the United States, and provided that the recipient agrees to maintain the confidentiality
of the documents, material, or other information. No waiver
of any applicable privilege or claim of confidentiality may
occur as a result of the sharing of documents, materials, or
other information under this subsection.
(4) The commissioner may open the proceedings or hearings or make public the notices, correspondence, reports,
records, or other information if the commissioner deems that
it is in the best interest of the public or in the best interest of
the insurer or its insureds, creditors, or the general public.
However, the determination of whether to disclose any confidential information at the public proceedings or hearings is
subject to applicable law.
(5) This section does not apply to hearings, notices, correspondence, reports, records, or other information obtained
upon the appointment of a receiver for the insurer by a court
of competent jurisdiction. [2006 c 209 § 5; 2005 c 432 § 4.]
48.31.405
Effective date—2006 c 209: See RCW 42.56.903.
48.31.410 Administrative supervision—Standards
and procedures—Limitations on insurer. During the
period of administrative supervision, the commissioner or the
commissioner’s designated appointee shall serve as the
administrative supervisor. The commissioner shall establish
standards and procedures that maintain reasonable and customary claims practices and otherwise provide for the orderly
continuation of the insurer’s operations and business. Considering these standards and procedures, the commissioner
may provide that the insurer may not do any of the following
things during the period of supervision, without the prior
approval of the commissioner or the appointed administrative
supervisor:
48.31.410
(2008 Ed.)
Insurer Holding Company Act
(1) Dispose of, convey, or encumber any of its assets or
its business in force;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property;
(6) Incur any debt, obligation, or liability;
(7) Merge or consolidate with another company;
(8) Approve new premiums or renew any policies;
(9) Enter into any new reinsurance contract or treaty;
(10) Terminate, surrender, forfeit, convert, or lapse any
insurance policy, certificate, or contract, except for nonpayment of premiums due;
(11) Release, pay, or refund premium deposits; accrued
cash or loan values; unearned premiums; or other reserves on
any insurance policy, certificate, or contract;
(12) Make any material change in management; or
(13) Increase salaries and benefits of officers or directors
or the preferential payment of bonuses, dividends, or other
payments deemed preferential. [2005 c 432 § 5.]
48.31.415 Administrative supervision—Insurer may
contest. During the period of administrative supervision the
insurer may contest an action taken, proposed to be taken, or
failed to be taken by the administrative supervisor specifying
the manner wherein the action being complained of would
not result in improving the condition of the insurer. Denial of
the insurer’s request upon reconsideration entitles the insurer
to request a proceeding under chapters 48.04 and 34.05
RCW. [2005 c 432 § 6.]
48.31.415
48.31.420 Administrative supervision—No limitation
on judicial proceedings. RCW 48.31.020, 48.31.115,
48.31.400 through 48.31.415, 48.31.425, and 48.31.435 do
not preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or liquidation
proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the
commissioner has previously initiated administrative supervision proceedings under this chapter against the insurer.
[2005 c 432 § 7.]
48.31.420
48.31.425 Administrative supervision—Commissioner contacts. The commissioner may meet with the
administrative supervisor appointed under this chapter and
with the attorney or other representative of the administrative
supervisor, without the presence of any other person, at the
time of any proceeding or during the pendency of any proceeding held under authority of this chapter to carry out the
commissioner’s duties under this chapter or for the supervisor to carry out his or her duties under this chapter. [2005 c
432 § 8.]
48.31.425
48.31.430 Administrative supervision—Chapters
48.04 and 34.05 RCW. An action or the failure to act by the
commissioner is subject to chapters 48.04 and 34.05 RCW.
[2005 c 432 § 9.]
48.31.430
48.31.435 Administrative supervision—Rules. The
commissioner may adopt rules to implement and administer
48.31.435
(2008 Ed.)
48.31B.005
RCW 48.31.020, 48.31.115, and 48.31.400 through
48.31.425. [2005 c 432 § 10.]
48.31.900 Severability—2005 c 432. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2005 c 432 § 11.]
48.31.900
Chapter 48.31B
Chapter 48.31B RCW
INSURER HOLDING COMPANY ACT
Sections
48.31B.005 Definitions.
48.31B.010 Insurer ceases to control subsidiary—Disposal of investment.
48.31B.015 Control of insurer—Acquisition, merger, or exchange—Preacquisition notification—Jurisdiction of courts.
48.31B.020 Acquisition of insurer—Change in control—Definitions—
Exemptions—Competition—Preacquisition notification—
Violations—Penalties.
48.31B.025 Registration with commissioner—Information required—
Rule making—Disclaimer of affiliation—Failure to file.
48.31B.030 Insurer subject to registration—Standards for transactions
within a holding company system—Extraordinary dividends
or distributions—Insurer’s surplus.
48.31B.035 Examination of insurers—Commissioner may order production of information—Failure to comply—Costs of examination.
48.31B.040 Rule making.
48.31B.045 Violations of chapter—Commissioner may seek superior court
order.
48.31B.050 Violations of chapter—Penalties—Civil forfeitures—
Orders—Referral to prosecuting attorney—Imprisonment.
48.31B.055 Violations of chapter—Impairment of financial condition—
Commissioner may take possession.
48.31B.060 Order for liquidation or rehabilitation—Recovery of distributions or payments—Personal liability—Maximum amount
recoverable.
48.31B.065 Violations of chapter—Contrary to interests of policyholders
or the public—Suspension, revocation, or nonrenewal of
license.
48.31B.070 Person aggrieved by actions of commissioner.
48.31B.900 Short title.
48.31B.901 Severability—1993 c 462.
48.31B.902 Implementation—1993 c 462.
48.31B.005 Definitions. As used in this chapter, the
following terms have the meanings set forth in this section,
unless the context requires otherwise.
(1) An "affiliate" of, or person "affiliated" with, a specific person, is a person who directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or is
under common control with, the person specified.
(2) The term "control," including the terms "controlling,"
"controlled by," and "under common control with," means
the possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a person, whether through the ownership of voting securities, by
contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the
result of an official position with or corporate office held by
the person. Control is presumed to exist if a person, directly
or indirectly, owns, controls, holds with the power to vote, or
holds proxies representing, ten percent or more of the voting
securities of any other person. This presumption may be
rebutted by a showing made in a manner similar to that provided by RCW 48.31B.025(11) that control does not exist in
fact. The commissioner may determine, after furnishing all
persons in interest notice and opportunity to be heard and
48.31B.005
[Title 48 RCW—page 235]
48.31B.010
Title 48 RCW: Insurance
making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence
of a presumption to that effect.
(3) An "insurance holding company system" consists of
two or more affiliated persons, one or more of which is an
insurer.
(4) The term "insurer" has the same meaning as set forth
in RCW 48.01.050; it does not include agencies, authorities,
or instrumentalities of the United States, its possessions and
territories, the commonwealth of Puerto Rico, the District of
Columbia, or a state or political subdivision of a state.
(5) A "person" is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a similar entity, or any combination
of the foregoing acting in concert, but does not include a joint
venture partnership exclusively engaged in owning, managing, leasing, or developing real or tangible personal property.
(6) A "securityholder" of a specified person is one who
owns a security of that person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing.
(7) A "subsidiary" of a specified person is an affiliate
controlled by that person directly or indirectly through one or
more intermediaries.
(8) The term "voting security" includes a security convertible into or evidencing a right to acquire a voting security.
[1993 c 462 § 2.]
48.31B.010 Insurer ceases to control subsidiary—
Disposal of investment. If an insurer ceases to control a subsidiary, it shall dispose of any investment in the subsidiary
within three years from the time of the cessation of control or
within such further time as the commissioner may prescribe,
unless at any time after the investment has been made, the
investment meets the requirements for investment under any
other section of this Title, and the insurer has notified the
commissioner thereof. [1993 c 462 § 3.]
48.31B.010
48.31B.015 Control of insurer—Acquisition, merger,
or exchange—Preacquisition notification—Jurisdiction
of courts. (1) No person other than the issuer may make a
tender offer for or a request or invitation for tenders of, or
enter into an agreement to exchange securities of, seek to
acquire, or acquire, in the open market or otherwise, voting
security of a domestic insurer if, after the consummation
thereof, the person would, directly or indirectly, or by conversion or by exercise of a right to acquire, be in control of
the insurer. No person may enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer or
person controlling a domestic insurer unless, at the time the
offer, request, or invitation is made or the agreement is
entered into, or before the acquisition of the securities if no
offer or agreement is involved, the person has filed with the
commissioner and has sent to the insurer, a statement containing the information required by this section and the offer,
request, invitation, agreement, or acquisition has been
approved by the commissioner as prescribed in this section.
For purposes of this section a domestic insurer includes
a person controlling a domestic insurer unless the person, as
48.31B.015
[Title 48 RCW—page 236]
determined by the commissioner, is either directly or through
its affiliates primarily engaged in business other than the
business of insurance. However, the person shall file a preacquisition notification with the commissioner containing the
information set forth in RCW 48.31B.020(3)(a) sixty days
before the proposed effective date of the acquisition. Persons
who fail to file the required preacquisition notification with
the commissioner are subject to the penalties in RCW
48.31B.020(5)(c). For the purposes of this section, "person"
does not include a securities broker holding, in usual and customary broker’s function, less than twenty percent of the voting securities of an insurance company or of a person who
controls an insurance company.
(2) The statement to be filed with the commissioner
under this section must be made under oath or affirmation
and must contain the following information:
(a) The name and address of each person by whom or on
whose behalf the merger or other acquisition of control
referred to in subsection (1) of this section is to be effected,
hereinafter called "acquiring party," and:
(i) If that person is an individual, his or her principal
occupation and all offices and positions held during the past
five years, and any conviction of crimes other than minor
traffic violations during the past ten years;
(ii) If that person is not an individual, a report of the
nature of its business operations during the past five years or
for such lesser period as the person and any predecessors
have been in existence; an informative description of the
business intended to be done by the person’s subsidiaries;
any convictions of crimes during the past ten years; and a list
of all individuals who are or who have been selected to
become directors or executive officers of the person, or who
perform or will perform functions appropriate to those positions. The list must include for each such individual the information required by (a)(i) of this subsection.
(b) The source, nature, and amount of the consideration
used or to be used in effecting the merger or other acquisition
of control, a description of any transaction in which funds
were or are to be obtained for any such purpose, including a
pledge of the insurer’s stock, or the stock of any of its subsidiaries or controlling affiliates, and the identity of persons furnishing the consideration. However, where a source of the
consideration is a loan made in the lender’s ordinary course
of business, the identity of the lender must remain confidential if the person filing the statement so requests.
(c) Fully audited financial information as to the earnings
and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party, or for such
lesser period as the acquiring party and any predecessors
have been in existence, and similar unaudited information as
of a date not earlier than ninety days before the filing of the
statement.
(d) Any plans or proposals that each acquiring party may
have to liquidate the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material
change in its business or corporate structure or management.
(e) The number of shares of any security referred to in
subsection (1) of this section that each acquiring party proposes to acquire, the terms of the offer, request, invitation,
agreement, or acquisition referred to in subsection (1) of this
(2008 Ed.)
Insurer Holding Company Act
section, and a statement as to the method by which the fairness of the proposal was arrived at.
(f) The amount of each class of any security referred to in
subsection (1) of this section that is beneficially owned or
concerning which there is a right to acquire beneficial ownership by each acquiring party.
(g) A full description of any contracts, arrangements, or
understandings with respect to any security referred to in subsection (1) of this section in which an acquiring party is
involved, including but not limited to transfer of any of the
securities, joint ventures, loan or option arrangements, puts or
calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or
withholding of proxies. The description must identify the persons with whom the contracts, arrangements, or understandings have been entered into.
(h) A description of the purchase of any security referred
to in subsection (1) of this section during the twelve calendar
months before the filing of the statement, by an acquiring
party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid for the security.
(i) A description of any recommendations to purchase
any security referred to in subsection (1) of this section made
during the twelve calendar months before the filing of the
statement, by an acquiring party, or by anyone based upon
interviews or at the suggestion of the acquiring party.
(j) Copies of all tender offers for, requests or invitations
for tenders of, exchange offers for, and agreements to acquire
or exchange any securities referred to in subsection (1) of this
section, and, if distributed, of additional soliciting material
relating to the securities.
(k) The term of an agreement, contract, or understanding
made with or proposed to be made with a broker-dealer as to
solicitation or securities referred to in subsection (1) of this
section for tender, and the amount of fees, commissions, or
other compensation to be paid to broker-dealers with regard
to the securities.
(l) Such additional information as the commissioner may
prescribe by rule as necessary or appropriate for the protection of policyholders of the insurer or in the public interest.
If the person required to file the statement referred to in
subsection (1) of this section is a partnership, limited partnership, syndicate, or other group, the commissioner may
require that the information called for by (a) through (l) of
this subsection shall be given with respect to each partner of
the partnership or limited partnership, each member of the
syndicate or group, and each person who controls a partner or
member. If a partner, member, or person is a corporation, or
the person required to file the statement referred to in subsection (1) of this section is a corporation, the commissioner
may require that the information called for by (a) through (l)
of this subsection shall be given with respect to the corporation, each officer and director of the corporation, and each
person who is directly or indirectly the beneficial owner of
more than ten percent of the outstanding voting securities of
the corporation.
If a material change occurs in the facts set forth in the
statement filed with the commissioner and sent to the insurer
under this section, an amendment setting forth the change,
together with copies of all documents and other material rel(2008 Ed.)
48.31B.015
evant to the change, must be filed with the commissioner and
sent to the insurer within two business days after the person
learns of the change.
(3) If an offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section is proposed to
be made by means of a registration statement under the Securities Act of 1933 or in circumstances requiring the disclosure
of similar information under the Securities Exchange Act of
1934, or under a state law requiring similar registration or
disclosure, the person required to file the statement referred
to in subsection (1) of this section may use those documents
in furnishing the information called for by that statement.
(4)(a) The commissioner shall approve a merger or other
acquisition of control referred to in subsection (1) of this section unless, after a public hearing thereon, he or she finds
that:
(i) After the change of control, the domestic insurer
referred to in subsection (1) of this section would not be able
to satisfy the requirements for the issuance of a license to
write the line or lines of insurance for which it is presently
licensed;
(ii) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance
in this state or tend to create a monopoly therein. In applying
the competitive standard in (a)(ii) of this subsection:
(A) The informational requirements of RCW
48.31B.020(3)(a) and the standards of RCW
48.31B.020(4)(b) apply;
(B) The commissioner may not disapprove the merger or
other acquisition if the commissioner finds that any of the situations meeting the criteria provided by RCW
48.31B.020(4)(c) exist; and
(C) The commissioner may condition the approval of the
merger or other acquisition on the removal of the basis of disapproval within a specified period of time;
(iii) The financial condition of an acquiring party is such
as might jeopardize the financial stability of the insurer, or
prejudice the interest of its policyholders;
(iv) The plans or proposals that the acquiring party has to
liquidate the insurer, sell its assets, consolidate or merge it
with any person, or to make any other material change in its
business or corporate structure or management, are unfair and
unreasonable to policyholders of the insurer and not in the
public interest;
(v) The competence, experience, and integrity of those
persons who would control the operation of the insurer are
such that it would not be in the interest of policyholders of the
insurer and of the public to permit the merger or other acquisition of control; or
(vi) The acquisition is likely to be hazardous or prejudicial to the insurance-buying public.
(b) The commissioner shall approve an exchange or
other acquisition of control referred to in this section within
sixty days after he or she declares the statement filed under
this section to be complete and after holding a public hearing.
At the hearing, the person filing the statement, the insurer,
and any person whose significant interest is determined by
the commissioner to be affected may present evidence, examine and cross-examine witnesses, and offer oral and written
arguments and in connection therewith may conduct discovery proceedings in the same manner as is allowed in the supe[Title 48 RCW—page 237]
48.31B.020
Title 48 RCW: Insurance
rior court of this state. All discovery proceedings must be
concluded not later than three days before the commencement of the public hearing.
(c) The commissioner may retain at the acquiring person’s expense any attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as may be reasonably necessary to assist the commissioner in
reviewing the proposed acquisition of control. All reasonable
costs of a hearing held under this section, as determined by
the commissioner, including costs associated with the commissioner’s use of investigatory, professional, and other necessary personnel, mailing of required notices and other information, and use of equipment or facilities, must be paid
before issuance of the commissioner’s order by the acquiring
person.
(5) This section does not apply to:
(a) A transaction that is subject to RCW 48.31.010, dealing with the merger or consolidation of two or more insurers;
(b) An offer, request, invitation, agreement, or acquisition that the commissioner by order has exempted from this
section as: (i) Not having been made or entered into for the
purpose and not having the effect of changing or influencing
the control of a domestic insurer, or (ii) otherwise not comprehended within the purposes of this section.
(6) The following are violations of this section:
(a) The failure to file a statement, amendment, or other
material required to be filed under subsection (1) or (2) of this
section; or
(b) The effectuation or an attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless
the commissioner has given approval thereto.
(7) The courts of this state have jurisdiction over every
person not resident, domiciled, or authorized to do business
in this state who files a statement with the commissioner
under this section, and over all actions involving that person
arising out of violations of this section, and each such person
is deemed to have performed acts equivalent to and constituting an appointment by that person of the commissioner to be
the person’s true and lawful attorney upon whom may be
served all lawful process in an action, suit, or proceeding arising out of violations of this section. Copies of all such lawful
process shall be served on the commissioner and transmitted
by registered or certified mail by the commissioner to such
person at the person’s last known address. [1993 c 462 § 4.]
48.31B.020
48.31B.020 Acquisition of insurer—Change in control—Definitions—Exemptions—Competition—Preacquisition notification—Violations—Penalties. (1) The
definitions in this subsection apply only for the purposes of
this section.
(a) "Acquisition" means an agreement, arrangement, or
activity, the consummation of which results in a person
acquiring directly or indirectly the control of another person,
and includes but is not limited to the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and
mergers.
(b) An "involved insurer" includes an insurer which
either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger.
[Title 48 RCW—page 238]
(2)(a) Except as exempted in (b) of this subsection, this
section applies to any acquisition in which there is a change
in control of an insurer authorized to do business in this state.
(b) This section does not apply to the following:
(i) An acquisition subject to approval or disapproval by
the commissioner under RCW 48.31B.015;
(ii) A purchase of securities solely for investment purposes so long as the securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening
of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under
RCW 48.31B.005(2), it is not solely for investment purposes
unless the commissioner of the insurer’s state of domicile
accepts a disclaimer of control or affirmatively finds that
control does not exist and the disclaimer action or affirmative
finding is communicated by the domiciliary commissioner to
the commissioner of this state;
(iii) The acquisition of a person by another person when
neither person is directly nor through affiliates primarily
engaged in the business of insurance, if preacquisition notification is filed with the commissioner in accordance with subsection (3)(a) of this section sixty days before the proposed
effective date of the acquisition. However, preacquisition
notification is not required for exclusion from this section if
the acquisition would otherwise be excluded from this section by this subsection (2)(b);
(iv) The acquisition of already affiliated persons;
(v) An acquisition if, as an immediate result of the acquisition:
(A) In no market would the combined market share of
the involved insurers exceed five percent of the total market;
(B) There would be no increase in any market share; or
(C) In no market would:
(I) The combined market share of the involved insurers
exceed twelve percent of the total market; and
(II) The market share increase by more than two percent
of the total market.
For the purpose of (b)(v) of this subsection, a "market"
means direct written insurance premium in this state for a line
of business as contained in the annual statement required to
be filed by insurers licensed to do business in this state;
(vi) An acquisition for which a preacquisition notification would be required under this section due solely to the
resulting effect on the ocean marine insurance line of business;
(vii) An acquisition of an insurer whose domiciliary
commissioner affirmatively finds: That the insurer is in failing condition; there is a lack of feasible alternative to improving such condition; and the public benefits of improving the
insurer’s condition through the acquisition exceed the public
benefits that would arise from not lessening competition; and
the findings are communicated by the domiciliary commissioner to the commissioner of this state.
(3) An acquisition covered by subsection (2) of this section may be subject to an order under subsection (5) of this
section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification.
(a) The preacquisition notification must be in such form
and contain such information as prescribed by the commissioner relating to those markets that, under subsection
(2008 Ed.)
Insurer Holding Company Act
(2)(b)(v) of this section, cause the acquisition not to be
exempted from this section. The commissioner may require
such additional material and information as he or she deems
necessary to determine whether the proposed acquisition, if
consummated, would violate the competitive standard of subsection (4) of this section. The required information may
include an opinion of an economist as to the competitive
impact of the acquisition in this state accompanied by a summary of the education and experience of the person indicating
his or her ability to render an informed opinion.
(b) The waiting period required begins on the date the
commissioner declares the preacquisition notification to be
complete and ends on the earlier of the sixtieth day after the
date of the declaration or the termination of the waiting
period by the commissioner. Before the end of the waiting
period, the commissioner may require the submission of
additional needed information relevant to the proposed acquisition. If additional information is required, the waiting
period ends on the earlier of the sixtieth day after the commissioner declares he or she has received the additional
information or the termination of the waiting period by the
commissioner.
(4)(a) The commissioner may enter an order under subsection (5)(a) of this section with respect to an acquisition if
there is substantial evidence that the effect of the acquisition
may be substantially to lessen competition in a line of insurance in this state or tend to create a monopoly therein or if the
insurer fails to file adequate information in compliance with
subsection (3) of this section.
(b) In determining whether a proposed acquisition would
violate the competitive standard of (a) of this subsection, the
commissioner shall consider the following:
(i) An acquisition covered under subsection (2) of this
section involving two or more insurers competing in the same
market is prima facie evidence of violation of the competitive
standards:
(A) If the market is highly concentrated and the involved
insurers possess the following shares of the market:
Insurer A
4%
10%
15%
Insurer B
4% or more
2% or more
1% or more; or
(B) If the market is not highly concentrated and the
involved insurers possess the following shares of the market:
Insurer A
5%
10%
15%
19%
Insurer B
5% or more
4% or more
3% or more
1% or more
A highly concentrated market is one in which the share
of the four largest insurers is seventy-five percent or more of
the market. Percentages not shown in the tables are interpolated proportionately to the percentages that are shown. If
more than two insurers are involved, exceeding the total of
the two columns in the table is prima facie evidence of violation of the competitive standard in (a) of this subsection. For
the purpose of (b)(i) of this subsection, the insurer with the
largest share of the market is Insurer A.
(2008 Ed.)
48.31B.020
(ii) There is a significant trend toward increased concentration when the aggregate market share of a grouping of the
largest insurers in the market, from the two largest to the
eight largest, has increased by seven percent or more of the
market over a period of time extending from a base year five
to ten years before the acquisition up to the time of the acquisition. An acquisition or merger covered under subsection (2)
of this section involving two or more insurers competing in
the same market is prima facie evidence of violation of the
competitive standard in (a) of this subsection if:
(A) There is a significant trend toward increased concentration in the market;
(B) One of the insurers involved is one of the insurers in
a grouping of such large insurers showing the requisite
increase in the market share; and
(C) Another involved insurer’s market is two percent or
more.
(iii) For the purposes of (b) of this subsection:
(A) The term "insurer" includes a company or group of
companies under common management, ownership, or control;
(B) The term "market" means the relevant product and
geographical markets. In determining the relevant product
and geographical markets, the commissioner shall give due
consideration to, among other things, the definitions or
guidelines, if any, adopted by the National Association of
Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient
information to the contrary, the relevant product market is
assumed to be the direct written insurance premium for a line
of business, such line being that used in the annual statement
required to be filed by insurers doing business in this state,
and the relevant geographical market is assumed to be this
state;
(C) The burden of showing prima facie evidence of violation of the competitive standard rests upon the commissioner.
(iv) Even though an acquisition is not prima facie violative of the competitive standard under (b)(i) and (ii) of this
subsection, the commissioner may establish the requisite
anticompetitive effect based upon other substantial evidence.
Even though an acquisition is prima facie violative of the
competitive standard under (b)(i) and (ii) of this subsection, a
party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant
factors in making a determination under (b)(iv) of this
subsection include, but are not limited to, the following:
Market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in
the industry, and ease of entry and exit into the market.
(c) An order may not be entered under subsection (5)(a)
of this section if:
(i) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that would
arise from the economies exceed the public benefits that
would arise from not lessening competition; or
(ii) The acquisition will substantially increase the availability of insurance, and the public benefits of the increase
exceed the public benefits that would arise from not lessening
competition.
[Title 48 RCW—page 239]
48.31B.025
Title 48 RCW: Insurance
(5)(a)(i) If an acquisition violates the standards of this
section, the commissioner may enter an order:
(A) Requiring an involved insurer to cease and desist
from doing business in this state with respect to the line or
lines of insurance involved in the violation; or
(B) Denying the application of an acquired or acquiring
insurer for a license to do business in this state.
(ii) The commissioner may not enter the order unless:
(A) There is a hearing; (B) notice of the hearing is issued
before the end of the waiting period and not less than fifteen
days before the hearing; and (C) the hearing is concluded and
the order is issued no later than sixty days after the end of the
waiting period. Every order must be accompanied by a written decision of the commissioner setting forth his or her findings of fact and conclusions of law.
(iii) An order entered under (a) of this subsection may
not become final earlier than thirty days after it is issued, during which time the involved insurer may submit a plan to
remedy the anticompetitive impact of the acquisition within a
reasonable time. Based upon the plan or other information,
the commissioner shall specify the conditions, if any, under
the time period during which the aspects of the acquisition
causing a violation of the standards of this section would be
remedied and the order vacated or modified.
(iv) An order pursuant to (a) of this subsection does not
apply if the acquisition is not consummated.
(b) A person who violates a cease and desist order of the
commissioner under (a) of this subsection and while the order
is in effect, may, after notice and hearing and upon order of
the commissioner, be subject at the discretion of the commissioner to one or more of the following:
(i) A monetary penalty of not more than ten thousand
dollars for every day of violation; or
(ii) Suspension or revocation of the person’s license; or
(iii) Both (b)(i) and (b)(ii) of this subsection.
(c) An insurer or other person who fails to make a filing
required by this section and who also fails to demonstrate a
good faith effort to comply with the filing requirement, is
subject to a civil penalty of not more than fifty thousand dollars.
(6) RCW 48.31B.045 (2) and (3) and 48.31B.050 do not
apply to acquisitions covered under subsection (2) of this section. [1993 c 462 § 5.]
48.31B.025 Registration with commissioner—Information required—Rule making—Disclaimer of affiliation—Failure to file. (1) Every insurer authorized to do
business in this state that is a member of an insurance holding
company system shall register with the commissioner, except
a foreign insurer subject to registration requirements and
standards adopted by statute or regulation in the jurisdiction
of its domicile that are substantially similar to those contained in:
(a) This section;
(b) RCW 48.31B.030 (1)(a), (2), and (3); and
(c) Either RCW 48.31B.030(1)(b) or a provision such as
the following: Each registered insurer shall keep current the
information required to be disclosed in its registration statement by reporting all material changes or additions within fifteen days after the end of the month in which it learns of each
change or addition.
48.31B.025
[Title 48 RCW—page 240]
An insurer subject to registration under this section shall
register within fifteen days after it becomes subject to registration, and annually thereafter by May 15th of each year for
the previous calendar year, unless the commissioner for good
cause shown extends the time for registration, and then
within the extended time. The commissioner may require an
insurer authorized to do business in the state that is a member
of a holding company system, but that is not subject to registration under this section, to furnish a copy of the registration
statement, the summary specified in subsection (3) of this
section, or other information filed by the insurance company
with the insurance regulatory authority of its domiciliary
jurisdiction.
(2) An insurer subject to registration shall file the registration statement on a form prescribed by the commissioner,
containing the following current information:
(a) The capital structure, general financial condition,
ownership, and management of the insurer and any person
controlling the insurer;
(b) The identity and relationship of every member of the
insurance holding company system;
(c) The following agreements in force, and transactions
currently outstanding or that have occurred during the last
calendar year between the insurer and its affiliates:
(i) Loans, other investments, or purchases, sales, or
exchanges of securities of the affiliates by the insurer or of
the insurer by its affiliates;
(ii) Purchases, sales, or exchange of assets;
(iii) Transactions not in the ordinary course of business;
(iv) Guarantees or undertakings for the benefit of an
affiliate that result in an actual contingent exposure of the
insurer’s assets to liability, other than insurance contracts
entered into in the ordinary course of the insurer’s business;
(v) All management agreements, service contracts, and
cost-sharing arrangements;
(vi) Reinsurance agreements;
(vii) Dividends and other distributions to shareholders;
and
(viii) Consolidated tax allocation agreements;
(d) Any pledge of the insurer’s stock, including stock of
subsidiary or controlling affiliate, for a loan made to a member of the insurance holding company system;
(e) Other matters concerning transactions between registered insurers and affiliates as may be included from time to
time in registration forms adopted or approved by the commissioner.
(3) Registration statements must contain a summary outlining all items in the current registration statement representing changes from the prior registration statement.
(4) No information need be disclosed on the registration
statement filed under subsection (2) of this section if the
information is not material for the purposes of this section.
Unless the commissioner by rule or order provides otherwise,
sales, purchases, exchanges, loans or extensions of credit,
investments, or guarantees involving one-half of one percent
or less of an insurer’s admitted assets as of the 31st day of the
previous December are not material for purposes of this section.
(5)(a) Subject to RCW 48.31B.030(2), each registered
insurer shall report to the commissioner all dividends and
other distributions to shareholders within five business days
(2008 Ed.)
Insurer Holding Company Act
after their declaration and at least fifteen business days before
payment, and shall provide the commissioner such other
information as may be required by rule.
(b) If the commissioner determines that a registered
insurer’s surplus as regards policyholders is not reasonable in
relation to the insurer’s outstanding liabilities and adequate to
its financial needs, the commissioner may order the registered insurance company to limit or discontinue the payment
of stockholder dividends until such time as the surplus is adequate.
(6) A person within an insurance holding company system subject to registration shall provide complete and accurate information to an insurer, where the information is reasonably necessary to enable the insurer to comply with this
chapter.
(7) The commissioner shall terminate the registration of
an insurer that demonstrates that it no longer is a member of
an insurance holding company system.
(8) The commissioner may require or allow two or more
affiliated insurers subject to registration under this section to
file a consolidated registration statement.
(9) The commissioner may allow an insurer authorized
to do business in this state and part of an insurance holding
company system to register on behalf of an affiliated insurer
that is required to register under subsection (1) of this section
and to file all information and material required to be filed
under this section.
(10) This section does not apply to an insurer, information, or transaction if and to the extent that the commissioner
by rule or order exempts the insurer, information, or transaction from this section.
(11) A person may file with the commissioner a disclaimer of affiliation with an authorized insurer, or an insurer
or a member of an insurance holding company system may
file the disclaimer. The person making such a filing with the
commissioner shall at the same time deliver a complete copy
of the filing to each domestic insurer which is the subject of
such filing. The disclaimer must fully disclose all material
relationships and bases for affiliation between the person and
the insurer as well as the basis for disclaiming the affiliation.
After a disclaimer has been filed, the insurer is relieved of
any duty to register or report under this section that may arise
out of the insurer’s relationship with the person unless and
until the commissioner disallows the disclaimer. The commissioner shall disallow the disclaimer only after furnishing
all parties in interest with notice and opportunity to be heard
and after making specific findings of fact to support the disallowance.
(12) Failure to file a registration statement or a summary
of the registration statement required by this section within
the time specified for the filing is a violation of this section.
[2000 c 214 § 1; 1993 c 462 § 6.]
48.31B.030 Insurer subject to registration—Standards for transactions within a holding company system—Extraordinary dividends or distributions—
Insurer’s surplus. (1)(a) Transactions within a holding
company system to which an insurer subject to registration is
a party are subject to the following standards:
(i) The terms must be fair and reasonable;
48.31B.030
(2008 Ed.)
48.31B.030
(ii) Charges or fees for services performed must be fair
and reasonable;
(iii) Expenses incurred and payment received must be
allocated to the insurer in conformity with customary insurance accounting practices consistently applied;
(iv) The books, accounts, and records of each party to all
such transactions must be so maintained as to clearly and
accurately disclose the nature and details of the transactions,
including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and
(v) The insurer’s surplus regarding policyholders after
dividends or distributions to shareholders or affiliates must
be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.
(b) The following transactions involving a domestic
insurer and a person in its holding company system may not
be entered into unless the insurer has notified the commissioner in writing of its intention to enter into the transaction
and the commissioner declares the notice to be sufficient at
least sixty days before, or such shorter period as the commissioner may permit, and the commissioner has not disapproved it within that period:
(i) Sales, purchases, exchanges, loans or extensions of
credit, guarantees, or investments if the transactions are equal
to or exceed: (A) With respect to nonlife insurers, the lesser
of three percent of the insurer’s admitted assets or twentyfive percent of surplus as regards policyholders; (B) with
respect to life insurers, three percent of the insurer’s admitted
assets; each as of the 31st day of the previous December;
(ii) Loans or extensions of credit to any person who is
not an affiliate, where the insurer makes the loans or extensions of credit with the agreement or understanding that the
proceeds of the transactions, in whole or in substantial part,
are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, an affiliate of the
insurer making the loans or extensions of credit if the transactions are equal to or exceed: (A) With respect to nonlife
insurers, the lesser of three percent of the insurer’s admitted
assets or twenty-five percent of surplus as regards policyholders; (B) with respect to life insurers, three percent of the
insurer’s admitted assets; each as of the 31st day of the previous December;
(iii) Reinsurance agreements or modifications to them in
which the reinsurance premium or a change in the insurer’s
liabilities equals or exceeds five percent of the insurer’s surplus as regards policyholders, as of the 31st day of the previous December, including those agreements that may require
as consideration the transfer of assets from an insurer to a
nonaffiliate, if an agreement or understanding exists between
the insurer and nonaffiliate that any portion of the assets will
be transferred to one or more affiliates of the insurer;
(iv) Management agreements, service contracts, and
cost-sharing arrangements; and
(v) Material transactions, specified by rule, that the commissioner determines may adversely affect the interests of the
insurer’s policyholders.
Nothing contained in this section authorizes or permits a
transaction that, in the case of an insurer not a member of the
same holding company system, would be otherwise contrary
to law.
[Title 48 RCW—page 241]
48.31B.035
Title 48 RCW: Insurance
(c) A domestic insurer may not enter into transactions
that are part of a plan or series of like transactions with persons within the holding company system if the purpose of
those separate transactions is to avoid the statutory threshold
amount and thus avoid the review that would occur otherwise. If the commissioner determines that the separate transactions were entered into over a twelve-month period for that
purpose, the commissioner may apply for an order as
described in RCW 48.31B.045(1).
(d) The commissioner, in reviewing transactions under
(b) of this subsection, shall consider whether the transactions
comply with the standards set forth in (a) of this subsection
and whether they may adversely affect the interests of policyholders.
(e) The commissioner shall be notified within thirty days
of an investment of the domestic insurer in any one corporation if the total investment in the corporation by the insurance
holding company system exceeds ten percent of the corporation’s voting securities.
(2)(a) No domestic insurer may pay an extraordinary
dividend or make any other extraordinary distribution to its
shareholders until: (i) Thirty days after the commissioner
declares that he or she has received sufficient notice of the
declaration thereof and has not within that period disapproved the payment; or (ii) the commissioner has approved
the payment within the thirty-day period.
(b) For purposes of this section, an extraordinary dividend or distribution is a dividend or distribution of cash or
other property whose fair market value, together with that of
other dividends or distributions made within the period of
twelve consecutive months ending on the date on which the
proposed dividend is scheduled for payment or distribution,
exceeds the greater of: (i) Ten percent of the company’s surplus as regards policyholders as of the 31st day of the previous December; or (ii) the net gain from operations of the
company if the company is a life insurance company, or the
net income if the company is not a life insurance company,
for the twelve month period ending the 31st day of the previous December, but does not include pro rata distributions of
any class of the company’s own securities.
(c) Notwithstanding any other provision of law, an
insurer may declare an extraordinary dividend or distribution
that is conditional upon the commissioner’s approval. The
declaration confers no rights upon shareholders until: (i) The
commissioner has approved the payment of the dividend or
distribution; or (ii) the commissioner has not disapproved the
payment within the thirty-day period referred to in (a) of this
subsection.
(3) For purposes of this chapter, in determining whether
an insurer’s surplus as regards policyholders is reasonable in
relation to the insurer’s outstanding liabilities and adequate to
its financial needs, the following factors, among others, may
be considered:
(a) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in
force, and other appropriate criteria;
(b) The extent to which the insurer’s business is diversified among the several lines of insurance;
(c) The number and size of risks insured in each line of
business;
[Title 48 RCW—page 242]
(d) The extent of the geographical dispersion of the
insurer’s insured risks;
(e) The nature and extent of the insurer’s reinsurance
program;
(f) The quality, diversification, and liquidity of the
insurer’s investment portfolio;
(g) The recent past and projected future trend in the size
of the insurer’s surplus as regards policyholders;
(h) The surplus as regards policyholders maintained by
other comparable insurers;
(i) The adequacy of the insurer’s reserves;
(j) The quality and liquidity of investments in affiliates.
The commissioner may discount any such investment or may
treat any such investment as a disallowed asset for purposes
of determining the adequacy of surplus as regards policyholders whenever in his or her judgment the investment so
warrants; and
(k) The quality of the insurer’s earnings and the extent to
which the reported earnings include extraordinary items.
[1993 c 462 § 7.]
48.31B.035 Examination of insurers—Commissioner
may order production of information—Failure to comply—Costs of examination. (1) Subject to the limitation
contained in this section and in addition to the powers that the
commissioner has under chapter 48.03 RCW relating to the
examination of insurers, the commissioner also may order an
insurer registered under RCW 48.31B.025 to produce such
records, books, or other information papers in the possession
of the insurer or its affiliates as are reasonably necessary to
ascertain the financial condition of the insurer or to determine
compliance with this title. If the insurer fails to comply with
the order, the commissioner may examine the affiliates to
obtain the information.
(2) The commissioner may retain at the registered
insurer’s expense such attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as are reasonably necessary to assist in the conduct of the
examination under subsection (1) of this section. Persons so
retained are under the direction and control of the commissioner and shall act in a purely advisory capacity.
(3) Each registered insurer producing for examination
records, books, and papers under subsection (1) of this section are liable for and shall pay the expense of the examination in accordance with RCW 48.03.060. [1993 c 462 § 8.]
48.31B.035
48.31B.040 Rule making. The commissioner may,
upon notice and opportunity for all interested persons to be
heard, adopt rules and issue orders that are necessary to carry
out this chapter. [1993 c 462 § 9.]
48.31B.040
48.31B.045 Violations of chapter—Commissioner
may seek superior court order. (1) Whenever it appears to
the commissioner that an insurer or a director, officer,
employee, or agent of the insurer has committed or is about to
commit a violation of this chapter or any rule or order of the
commissioner under this chapter, the commissioner may
apply to the superior court for Thurston county or to the court
for the county in which the principal office of the insurer is
located for an order enjoining the insurer or the director,
48.31B.045
(2008 Ed.)
Insurer Holding Company Act
officer, employee, or agent from violating or continuing to
violate this chapter or any such rule or order, and for such
other equitable relief as the nature of the case and the interest
of the insurer’s policyholders, creditors, and shareholders or
the public may require.
(2) No security that is the subject of an agreement or
arrangement regarding acquisition, or that is acquired or to be
acquired, in contravention of this chapter or of a rule or order
of the commissioner under this chapter may be voted at a
shareholders’ meeting, or may be counted for quorum purposes. Any action of shareholders requiring the affirmative
vote of a percentage of shares may be taken as though the
securities were not issued and outstanding, but no action
taken at any such meeting may be invalidated by the voting of
the securities, unless the action would materially affect control of the insurer or unless the courts of this state have so
ordered. If an insurer or the commissioner has reason to
believe that a security of the insurer has been or is about to be
acquired in contravention of this chapter or of a rule or order
of the commissioner under this chapter, the insurer or the
commissioner may apply to the superior court for Thurston
county or to the court for the county in which the insurer has
its principal place of business to enjoin an offer, request, invitation, agreement, or acquisition made in contravention of
RCW 48.31B.015 or a rule or order of the commissioner
under that section to enjoin the voting of a security so
acquired, to void a vote of the security already cast at a meeting of shareholders, and for such other relief as the nature of
the case and the interest of the insurer’s policyholders, creditors, and shareholders or the public may require.
(3) If a person has acquired or is proposing to acquire
voting securities in violation of this chapter or a rule or order
of the commissioner under this chapter, the superior court for
Thurston county or the court for the county in which the
insurer has its principal place of business may, on such notice
as the court deems appropriate, upon the application of the
insurer or the commissioner seize or sequester voting securities of the insurer owned directly or indirectly by the person,
and issue such order with respect to the securities as may be
appropriate to carry out this chapter.
Notwithstanding any other provisions of law, for the purposes of this chapter, the situs of the ownership of the securities of domestic insurers is in this state. [1993 c 462 § 10.]
48.31B.050 Violations of chapter—Penalties—Civil
forfeitures—Orders—Referral to prosecuting attorney—
Imprisonment. (1) The commissioner shall require, after
notice and hearing, an insurer failing, without just cause, to
file a registration statement as required in this chapter, to pay
a penalty of not more than ten thousand dollars per day. The
maximum penalty under this section is one million dollars.
The commissioner may reduce the penalty if the insurer
demonstrates to the commissioner that the imposition of the
penalty would constitute a financial hardship to the insurer.
The commissioner shall pay a fine collected under this section to the state treasurer for the account of the general fund.
(2) Every director or officer of an insurance holding
company system who knowingly violates this chapter, or participates in, or assents to, or who knowingly permits an
officer or agent of the insurer to engage in transactions or
make investments that have not been properly reported or
48.31B.050
(2008 Ed.)
48.31B.060
submitted under RCW 48.31B.025(1) or 48.31B.030(1)(b) or
(2), or that violate this chapter, shall pay, in their individual
capacity, a civil forfeiture of not more than ten thousand dollars per violation, after notice and hearing before the commissioner. In determining the amount of the civil forfeiture, the
commissioner shall take into account the appropriateness of
the forfeiture with respect to the gravity of the violation, the
history of previous violations, and such other matters as justice may require.
(3) Whenever it appears to the commissioner that an
insurer subject to this chapter or a director, officer, employee,
or agent of the insurer has engaged in a transaction or entered
into a contract that is subject to RCW 48.31B.030 and that
would not have been approved had approval been requested,
the commissioner may order the insurer to cease and desist
immediately any further activity under that transaction or
contract. After notice and hearing the commissioner may also
order the insurer to void any such contracts and restore the
status quo if that action is in the best interest of the policyholders, creditors, or the public.
(4) Whenever it appears to the commissioner that an
insurer or a director, officer, employee, or agent of the insurer
has committed a willful violation of this chapter, the commissioner may refer the matter to the prosecuting attorney of
Thurston county or the county in which the principal office of
the insurer is located. An insurer that willfully violates this
chapter may be fined not more than one million dollars. Any
individual who willfully violates this chapter may be fined in
his or her individual capacity not more than ten thousand dollars, or be imprisoned for not more than three years, or both.
(5) An officer, director, or employee of an insurance
holding company system who willfully and knowingly subscribes to or makes or causes to be made a false statement or
false report or false filing with the intent to deceive the commissioner in the performance of his or her duties under this
chapter, upon conviction thereof, shall be imprisoned for not
more than three years or fined not more than ten thousand
dollars or both. The officer, director, or employee upon
whom the fine is imposed shall pay the fine in his or her individual capacity. [1993 c 462 § 11.]
48.31B.055 Violations of chapter—Impairment of
financial condition—Commissioner may take possession.
Whenever it appears to the commissioner that a person has
committed a violation of this chapter that so impairs the
financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the
public, the commissioner may proceed as provided in RCW
48.31.030 and 48.31.040 to take possession of the property of
the domestic insurer and to conduct the business of the
insurer. [1993 c 462 § 12.]
48.31B.055
48.31B.060 Order for liquidation or rehabilitation—
Recovery of distributions or payments—Personal liability—Maximum amount recoverable. (1) If an order for
liquidation or rehabilitation of a domestic insurer has been
entered, the receiver appointed under the order may recover
on behalf of the insurer: (a) From a parent corporation or
holding company or person or affiliate who otherwise con48.31B.060
[Title 48 RCW—page 243]
48.31B.065
Title 48 RCW: Insurance
trolled the insurer, the amount of distributions, other than distributions of shares of the same class of stock, paid by the
insurer on its capital stock; or (b) a payment in the form of a
bonus, termination settlement, or extraordinary lump sum
salary adjustment made by the insurer or its subsidiary to a
director, officer, or employee, where the distribution or payment under (a) or (b) of this subsection is made at any time
during the one year before the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the
limitations of subsections (2), (3), and (4) of this section.
(2) No such distribution is recoverable if it is shown that
when paid, the distribution was lawful and reasonable, and
that the insurer did not know and could not reasonably have
known that the distribution might adversely affect the ability
of the insurer to fulfill its contractual obligations.
(3) A person who was a parent corporation or holding
company or a person who otherwise controlled the insurer or
affiliate when the distributions were paid is liable up to the
amount of distributions or payments under subsection (1) of
this section the person received. A person who controlled the
insurer at the time the distributions were declared is liable up
to the amount of distributions he or she would have received
if they had been paid immediately. If two or more persons are
liable with respect to the same distributions, they are jointly
and severally liable.
(4) The maximum amount recoverable under this section
is the amount needed in excess of all other available assets of
the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse
any guaranty funds.
(5) To the extent that a person liable under subsection (3)
of this section is insolvent or otherwise fails to pay claims
due from it under those provisions, its parent corporation or
holding company or person who otherwise controlled it at the
time the distribution was paid, is jointly and severally liable
for a resulting deficiency in the amount recovered from the
parent corporation or holding company or person who otherwise controlled it. [1993 c 462 § 13.]
48.31B.065 Violations of chapter—Contrary to interests of policyholders or the public—Suspension, revocation, or nonrenewal of license. Whenever it appears to the
commissioner that a person has committed a violation of this
chapter that makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be
heard, determine to suspend, revoke, or refuse to renew the
insurer’s license or authority to do business in this state for
such period as he or she finds is required for the protection of
policyholders or the public. Such a determination must be
accompanied by specific findings of fact and conclusions of
law. [1993 c 462 § 14.]
48.31B.065
48.31B.070 Person aggrieved by actions of commissioner. (1) A person aggrieved by an act, determination, rule,
order, or any other action of the commissioner under this
chapter may proceed in accordance with the Administrative
Procedure Act, chapter 34.05 RCW.
(2) A person aggrieved by a failure of the commissioner
to act or make a determination required by this chapter may
48.31B.070
[Title 48 RCW—page 244]
petition the commissioner under the procedure described in
RCW 34.05.330. [1993 c 462 § 15.]
48.31B.900 Short title. This chapter may be known and
cited as the Insurer Holding Company Act. [1993 c 462 § 1.]
48.31B.900
48.31B.901 Severability—1993 c 462. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 462 § 112.]
48.31B.901
48.31B.902 Implementation—1993 c 462. The insurance commissioner may take such steps as are necessary to
ensure that this act is implemented on July 25, 1993. [1993 c
462 § 106.]
48.31B.902
Chapter 48.31C RCW
HOLDING COMPANY ACT FOR HEALTH CARE
SERVICE CONTRACTORS AND HEALTH
MAINTENANCE ORGANIZATIONS
Chapter 48.31C
Sections
48.31C.010 Definitions.
48.31C.020 Acquisition of a foreign health carrier—Preacquisition notification—Review.
48.31C.030 Acquisition of a domestic health carrier—Filing—Review—
Jurisdiction of courts.
48.31C.040 Registration with commissioner—Information required—
Rule making—Disclaimer of affiliation—Failure to file.
48.31C.050 Health carrier subject to registration—Standards for transactions within a holding company system—Notice to commissioner—Review.
48.31C.060 Extraordinary dividends or distributions—Restrictions—Definition of distribution.
48.31C.070 Examination of health carriers—Commissioner may order
production of information—Failure to comply—Costs.
48.31C.080 Violations of chapter—Commissioner may seek superior court
order.
48.31C.090 Violations of chapter—Penalties—Civil forfeitures—
Orders—Referral to prosecuting attorney—Imprisonment.
48.31C.100 Violations of chapter—Impairment of financial condition.
48.31C.110 Order for liquidation or rehabilitation—Recovery of distributions or payments—Liability—Maximum amount recoverable.
48.31C.120 Violations of chapter—Contrary to interests of subscribers or
the public.
48.31C.130 Confidential proprietary and trade secret information—
Exempt from public disclosure—Exceptions.
48.31C.140 Person aggrieved by actions of commissioner.
48.31C.150 Rule making.
48.31C.160 Dual holding company system membership.
48.31C.900 Severability—2001 c 179.
48.31C.901 Effective date—2001 c 179.
48.31C.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Acquisition" or "acquire" means an agreement,
arrangement, or activity, the consummation of which results
in a person acquiring directly or indirectly the control of
another person, and includes but is not limited to the acquisition of voting securities, all or substantially all of the assets,
bulk reinsurance, consolidations, affiliations, and mergers.
(2) "Affiliate" of, or person "affiliated" with, a specific
person, means a person who directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or is
under common control with, the person specified.
48.31C.010
(2008 Ed.)
Health Carrier Holding Company Act
(3) "Control," including the terms "controlling," "controlled by," and "under common control with," means the
possession, direct or indirect, of the power to direct or cause
the direction of the management and policies of a person
whether through the ownership of voting securities, voting
rights, by contract other than a commercial contract for
goods, nonmanagement services, a debt obligation which is
not convertible into a right to acquire a voting security, or
otherwise, unless the power is the result of an official position with or corporate office held by the person.
(a) For a for-profit person, control is presumed to exist if
a person, directly or indirectly, owns, controls, holds with the
power to vote, or holds proxies representing, ten percent or
more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not
exist in fact. A person may file with the commissioner a disclaimer of control of a health carrier. The disclaimer must
fully disclose all material relationships and bases for affiliation between the person and the health carrier as well as the
basis for disclaiming the control. After furnishing all persons
in interest notice and opportunity to be heard and making specific findings of fact to support such a determination, the
commissioner may:
(i) Allow a disclaimer; or
(ii) Disallow a disclaimer notwithstanding the absence of
a presumption to that effect.
(b) For a nonprofit corporation organized under chapters
24.03 and 24.06 RCW, control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the
power to vote, or holds proxies representing a majority of
voting rights of the person or the power to elect or appoint a
majority of the board of directors, trustees, or other governing body of the person, unless the power is the result of an
official position of, or corporate office held by, the person.
(c) Control includes either permanent or temporary control, or both.
(4) "Domestic health carrier" means a health care service
contractor as defined in RCW 48.44.010, or a health maintenance organization as defined in RCW 48.46.020, that is
formed under the laws of this state.
(5) "Foreign health carrier" means a health care service
contractor as defined in RCW 48.44.010, or a health maintenance organization as defined in RCW 48.46.020, that is
formed under the laws of the United States, of a state or territory of the United States other than this state, or the District
of Columbia.
(6) "Health carrier holding company system" means two
or more affiliated persons, one or more of which is a health
care service contractor or health maintenance organization.
(7) "Health coverage business" means the business of a
disability insurer authorized under chapter 48.05 RCW, a
health care service contractor registered under chapter 48.44
RCW, and a health maintenance organization registered
under chapter 48.46 RCW, entering into any policy, contract,
or agreement to arrange, reimburse, or pay for health care services.
(8) "Involved carrier" means an insurer, health care service contractor, or health maintenance organization, which
either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger.
(2008 Ed.)
48.31C.020
(9) "Person" means an individual, corporation, partnership, association, joint stock company, limited liability company, trust, unincorporated organization, similar entity, or
any combination acting in concert, but does not include a
joint venture partnership exclusively engaged in owning,
managing, leasing, or developing real or personal property.
(10) "Security holder" of a specified person means one
who owns a security of that person, including (a) common
stock, (b) preferred stock, (c) debt obligations convertible
into the right to acquire voting securities, and any other security convertible into or evidencing the right to acquire (a)
through (c) of this subsection.
(11) "Subsidiary" of a specified person means an affiliate
controlled by that person directly or indirectly through one or
more intermediaries.
(12) "Voting security" includes a security convertible
into or evidencing a right to acquire a voting security. [2001
c 179 § 1.]
48.31C.020 Acquisition of a foreign health carrier—
Preacquisition notification—Review. (1) No person may
acquire control of a foreign health carrier registered to do
business in this state unless a preacquisition notification is
filed with the commissioner under this section and the waiting period has expired. If a preacquisition notification is not
filed with the commissioner an involved carrier may be subject to an order under subsection (3) of this section. The
acquired person may file a preacquisition notification.
(a) The preacquisition notification must be in the form
and contain the information prescribed by the commissioner.
The commissioner may require additional material and information necessary to determine whether the proposed acquisition, if consummated, would have the effect of substantially
lessening competition, or tending to create a monopoly, in the
health coverage business in this state. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by
a summary of the education and experience of the person
indicating his or her ability to render an informed opinion.
(b) The waiting period required under this section begins
on the date the commissioner receives the preacquisition
notification and ends on the earlier of the sixtieth day after
the date of the receipt by the commissioner of the preacquisition notification or the termination of the waiting period by
the commissioner. Before the end of the waiting period, the
commissioner may require the submission of additional
needed information relevant to the proposed acquisition. If
additional information is required, the waiting period ends on
the earlier of the thirtieth day after the commissioner has
received the additional information or the termination of the
waiting period by the commissioner.
(2)(a) The commissioner may enter an order under subsection (3)(a) of this section with respect to an acquisition if:
(i) The health carrier fails to file adequate information in
compliance with subsection (1)(a) of this section; or
(ii) The antitrust section of the office of the attorney general and any federal antitrust enforcement agency has chosen
not to undertake a review of the proposed acquisition and the
commissioner pursuant to his or her own review finds that
there is substantial evidence that the effect of the acquisition
48.31C.020
[Title 48 RCW—page 245]
48.31C.030
Title 48 RCW: Insurance
may substantially lessen competition or tend to create a
monopoly in the health coverage business.
(b) If the antitrust section of the office of the attorney
general undertakes a review of the proposed transaction then
the attorney general shall seek input from the commissioner
throughout the review.
(c) If the antitrust section of the office of the attorney
general does not undertake a review of the proposed acquisition and the review is being conducted by the commissioner,
then the commissioner shall seek input from the attorney general throughout the review.
(3)(a)(i) If an acquisition violates the standards of this
section, the commissioner may enter an order:
(A) Requiring an involved carrier to cease and desist
from doing business in this state with respect to business as a
health care service contractor or health maintenance organization; or
(B) Denying the application of an acquired or acquiring
carrier for a license, certificate of authority, or registration to
do business in this state.
(ii) The commissioner may not enter the order unless:
(A) There is a hearing;
(B) Notice of the hearing is issued before the end of the
waiting period and not less than fifteen days before the hearing; and
(C) The hearing is concluded and the order is issued no
later than thirty days after the conclusion of the hearing.
Every order must be accompanied by a written decision of the
commissioner setting forth his or her findings of fact and conclusions of law.
(iii) An order entered under (a) of this subsection may
not become final earlier than thirty days after it is issued, during which time the involved carrier may submit a plan to remedy the anticompetitive impact of the acquisition within a
reasonable time. Based upon the plan or other information,
the commissioner shall specify the conditions, if any, under
the time period during which the aspects of the acquisition
causing a violation of the standards of this section would be
remedied and the order vacated or modified.
(iv) An order under (a) of this subsection does not apply
if the acquisition is not consummated.
(b) A person who violates a cease and desist order of the
commissioner under (a) of this subsection and while the order
is in effect, may, after notice and hearing and upon order of
the commissioner, be subject at the discretion of the commissioner to one or more of the following:
(i) A monetary penalty of not more than ten thousand
dollars for every day of violation; or
(ii) Suspension or revocation of the person’s license, certificate of authority, or registration; or
(iii) Both (b)(i) and (b)(ii) of this subsection.
(c) A carrier or other person who fails to make a filing
required by this section and who also fails to demonstrate a
good faith effort to comply with the filing requirement, is
subject to a civil penalty of not more than fifty thousand dollars.
(4) An order may not be entered under subsection (3)(a)
of this section if:
(a) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that would
[Title 48 RCW—page 246]
arise from the economies exceed the public benefits that
would arise from more competition; or
(b) The acquisition will substantially increase the availability of health care coverage, and the public benefits of the
increase exceed the public benefits that would arise from
more competition.
(5)(a) RCW 48.31C.080 (2) and (3) and 48.31C.090 do
not apply to acquisitions covered under this section.
(b) This section does not apply to the following:
(i) An acquisition subject to approval or disapproval by
the commissioner under RCW 48.31C.030;
(ii) A purchase of securities solely for investment purposes so long as the securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening
of competition in the health coverage business in this state;
(iii) The acquisition of a person by another person when
neither person is directly, nor through affiliates, primarily
engaged in the business of a domestic or foreign health carrier, if preacquisition notification is filed with the commissioner in accordance with subsection (1) of this section sixty
days before the proposed effective date of the acquisition.
However, preacquisition notification is not required for
exclusion from this section if the acquisition would otherwise
be excluded from this section by this subsection (5)(b);
(iv) The acquisition of already affiliated persons;
(v) An acquisition if, as an immediate result of the acquisition:
(A) In no market would the combined market share of
the involved carriers exceed five percent of the total market;
(B) There would be no increase in any market share; or
(C) In no market would:
(I) The combined market share of the involved carriers
exceed twelve percent of the total market; and
(II) The market share increase by more than two percent
of the total market.
For the purpose of (b)(v) of this subsection, "market"
means direct written premium in this state for a line of business as contained in the annual statement required to be filed
by carriers licensed to do business in this state;
(vi) An acquisition of a health carrier whose domiciliary
commissioner affirmatively finds: That the health carrier is
in failing condition; there is a lack of feasible alternatives to
improving such a condition; and the public benefits of
improving the health carrier’s condition through the acquisition exceed the public benefits that would arise from more
competition, and the findings are communicated by the domiciliary commissioner to the commissioner of this state. [2001
c 179 § 2.]
48.31C.030 Acquisition of a domestic health carrier—Filing—Review—Jurisdiction of courts. (1) No person may acquire control of a domestic health carrier unless
the person has filed with the commissioner and has sent to the
health carrier a statement containing the information required
by this section and the acquisition has been approved by the
commissioner as prescribed in this section.
(2) The statement to be filed with the commissioner
under this section must be made under oath or affirmation
and must contain the following information:
(a) The name and address of the acquiring party. For purposes of this section, "acquiring party" means each person by
48.31C.030
(2008 Ed.)
Health Carrier Holding Company Act
whom or on whose behalf the acquisition of control under
subsection (1) of this section is to be effected:
(i) If the acquiring party is an individual, his or her principal occupation and all offices and positions held during the
past five years, and any conviction of crimes other than minor
traffic violations during the past ten years;
(ii) If the acquiring party is not an individual, a report of
the nature of its business operations during the past five years
or for such lesser period as the person and any predecessors
have been in existence; an informative description of the
business intended to be done by the person’s subsidiaries;
any convictions of crimes during the past ten years; and a list
of all individuals who are or who have been selected to
become directors, trustees, or executive officers of the person, or who perform or will perform functions appropriate to
those positions. The list must include for each such individual
the information required by (a)(i) of this subsection.
(b) The source, nature, and amount of the consideration
used or to be used in effecting the acquisition of control, a
description of any transaction in which funds were or are to
be obtained for any such purpose, including a pledge of
assets, a pledge of the health carrier’s stock, or the stock of
any of its subsidiaries or controlling affiliates, and the identity of persons furnishing the consideration. However, where
a source of the consideration is a loan made in the lender’s
ordinary course of business, the identity of the lender must
remain confidential if the person filing the statement so
requests.
(c) Fully audited financial information as to the earnings
and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party, or for such
lesser period as the acquiring party and any predecessors
have been in existence, and similar unaudited information as
of a date not earlier than ninety days before the filing of the
statement. If the acquiring party and any predecessor has not
had fully audited financial statements prepared during any of
the preceding five years, then reviewed financial statements
may be substituted for those years, except for the latest fiscal
year which must be fully audited financial statements.
(d) Any plans or proposals that each acquiring party may
have to liquidate the health carrier, to sell its assets or merge
or consolidate it with any person, or to make any other material change in its business or corporate structure or management.
(e) The number of shares of any security or number and
description of other voting rights referred to in RCW
48.31C.010(3) that each acquiring party proposes to acquire,
the terms of the offer, request, invitation, agreement, or
acquisition under RCW 48.31C.010(3), and a statement as to
the method by which the fairness of the proposal was arrived
at.
(f) The amount of each class of any security referred to in
RCW 48.31C.010(3) that is beneficially owned or concerning
which there is a right to acquire beneficial ownership by each
acquiring party.
(g) A full description of any contracts, arrangements, or
understandings with respect to any security referred to in
RCW 48.31C.010(3) in which an acquiring party is involved,
including but not limited to transfer of any of the securities,
joint ventures, loan or option arrangements, puts or calls,
guarantees of loans, guarantees against loss or guarantees of
(2008 Ed.)
48.31C.030
profits, division of losses or profits, or the giving or withholding of proxies. The description must identify the persons with
whom the contracts, arrangements, or understandings have
been entered into.
(h) A description of the purchase of any security referred
to in RCW 48.31C.010(3) during the twelve calendar months
before the filing of the statement, by an acquiring party,
including the dates of purchase, names of the purchasers, and
consideration paid or agreed to be paid for the security.
(i) A description of any recommendations to purchase
any security referred to in RCW 48.31C.010(3) made during
the twelve calendar months before the filing of the statement,
by an acquiring party, or by anyone based upon interviews
with outside parties or at the suggestion of the acquiring
party.
(j) Copies of all tender offers for, requests or invitations
for tenders of, exchange offers for, and agreements to acquire
or exchange any securities referred to in RCW
48.31C.010(3), and, if distributed, of additional soliciting
material relating to the securities.
(k) The term of an agreement, contract, or understanding
made with or proposed to be made with a broker-dealer as to
solicitation or securities referred to in RCW 48.31C.010(3)
for tender, and the amount of fees, commissions, or other
compensation to be paid to broker-dealers with regard to the
securities.
(l) Such additional information as the commissioner may
prescribe by rule as necessary or appropriate for the protection of subscribers of the health carrier or in the public interest.
If the person required to file the statement referred to in
subsection (1) of this section is a partnership, limited partnership, syndicate, or other group, the commissioner may
require that the information required under (a) through (l) of
this subsection must be given with respect to each partner of
the partnership or limited partnership, each member of the
syndicate or group, and each person who controls a partner or
member. If a partner, member, or person is a corporation, or
the person required to file the statement referred to in subsection (1) of this section is a corporation, the commissioner
may require that the information required under (a) through
(l) of this subsection must be given with respect to the corporation, each officer and director of the corporation, and each
person who is directly or indirectly the beneficial owner of
more than ten percent of the outstanding voting securities of
the corporation.
If a material change occurs in the facts set forth in the
statement filed with the commissioner and sent to the health
carrier under this section, an amendment setting forth the
change, together with copies of all documents and other
material relevant to the change, must be filed with the commissioner and sent to the health carrier within two business
days after the person learns of the change.
(3) If an offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section is proposed to
be made by means of a registration statement under the Securities Act of 1933 or in circumstances requiring the disclosure
of similar information under the Securities Exchange Act of
1934, or under a state law requiring similar registration or
disclosure, the person required to file the statement referred
[Title 48 RCW—page 247]
48.31C.030
Title 48 RCW: Insurance
to in subsection (1) of this section may use those documents
in furnishing the information called for by that statement.
(4) The commissioner shall approve an exchange or
other acquisition of control referred to in this section within
sixty days after he or she declares the statement filed under
this section to be complete and if a hearing is requested by the
commissioner or either party to the transaction, after holding
a public hearing. Unless the commissioner declares the statement to be incomplete and requests additional information,
the statement is deemed complete sixty days after receipt of
the statement by the commissioner. If the commissioner
declares the statement to be incomplete and requests additional information, the sixty-day time period in which the
statement is deemed complete shall be tolled until fifteen
days after receipt by the commissioner of the additional
information. If the commissioner declares the statement to be
incomplete, the commissioner shall promptly notify the person filing the statement of the filing deficiencies and shall set
forth with specificity the additional information required to
make the filing complete. At the hearing, the person filing the
statement, the health carrier, and any person whose significant interest is determined by the commissioner to be
affected may present evidence, examine and cross-examine
witnesses, and offer oral and written arguments, and in connection therewith may conduct discovery proceedings in the
same manner as is allowed in the superior court of this state.
All discovery proceedings must be concluded not later than
three business days before the commencement of the public
hearing.
(5)(a) The commissioner shall approve an acquisition of
control referred to in subsection (1) of this section unless,
after a public hearing, he or she finds that:
(i) After the change of control, the domestic health carrier referred to in subsection (1) of this section would not be
able to satisfy the requirements for registration as a health
carrier;
(ii) The antitrust section of the office of the attorney general and any federal antitrust enforcement agency has chosen
not to undertake a review of the proposed acquisition and the
commissioner pursuant to his or her own review finds that
there is substantial evidence that the effect of the acquisition
may substantially lessen competition or tend to create a
monopoly in the health coverage business.
If the antitrust section of the office of the attorney general does not undertake a review of the proposed acquisition
and the review is being conducted by the commissioner, then
the commissioner shall seek input from the attorney general
throughout the review.
If the antitrust section of the office of the attorney general undertakes a review of the proposed transaction then the
attorney general shall seek input from the commissioner
throughout the review. As to the commissioner, in making
this determination:
(A) The informational requirements of RCW
48.31C.020(1)(a) apply;
(B) The commissioner may not disapprove the acquisition if the commissioner finds that:
(I) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that would
[Title 48 RCW—page 248]
arise from the economies exceed the public benefits that
would arise from more competition; or
(II) The acquisition will substantially increase or will
prevent significant deterioration in the availability of health
care coverage, and the public benefits of the increase exceed
the public benefits that would arise from more competition;
(C) The commissioner may condition the approval of the
acquisition on the removal of the basis of disapproval, as follows, within a specified period of time:
(I) The financial condition of an acquiring party is such
as might jeopardize the financial stability of the health carrier, or prejudice the interest of its subscribers;
(II) The plans or proposals that the acquiring party has to
liquidate the health carrier, sell its assets, consolidate or
merge it with any person, or to make any other material
change in its business or corporate structure or management,
are unfair and unreasonable to subscribers of the health carrier and not in the public interest;
(III) The competence, experience, and integrity of those
persons who would control the operation of the health carrier
are such that it would not be in the interest of subscribers of
the health carrier and of the public to permit the merger or
other acquisition of control; or
(IV) The acquisition is likely to be hazardous or prejudicial to the insurance-buying public.
(b) The commissioner may retain at the acquiring person’s expense any attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as may be reasonably necessary to assist the commissioner in
reviewing the proposed acquisition of control. All reasonable
costs of a hearing held under this section, as determined by
the commissioner, including reasonable costs associated with
the commissioner’s use of investigatory, professional, and
other necessary personnel, mailing of required notices and
other information, and use of equipment or facilities, must be
paid before issuance of the commissioner’s order by the
acquiring person.
(c) The commissioner may condition approval of an
acquisition on the removal of the basis of disapproval within
a specified period of time.
(6) Upon the request of a party to the acquisition the
commissioner may order that this section does not apply to an
offer, request, invitation, agreement, or acquisition as:
(a) Not having been made or entered into for the purpose
and not having the effect of changing or influencing the control of a domestic health carrier; or
(b) Otherwise not comprehended within the purposes of
this section.
(7) The following are violations of this section:
(a) The failure to file a statement, amendment, or other
material required to be filed under subsection (1) or (2) of this
section; or
(b) The effectuation or an attempt to effectuate an acquisition of control of a domestic health carrier unless the commissioner has given approval.
(8) The courts of this state have jurisdiction over every
person not resident, domiciled, or authorized to do business
in this state who files a statement with the commissioner
under this section, and over all actions involving that person
arising out of violations of this section, and such a person has
performed acts equivalent to and constituting an appointment
(2008 Ed.)
Health Carrier Holding Company Act
by that person of the commissioner to be the person’s true
and lawful attorney upon whom may be served all lawful process in an action, suit, or proceeding arising out of violations
of this section. Copies of all such lawful process shall be
served on the commissioner and transmitted by registered or
certified mail by the commissioner to such a person at the
person’s last known address. [2001 c 179 § 3.]
48.31C.040 Registration with commissioner—Information required—Rule making—Disclaimer of affiliation—Failure to file. (1) Every health carrier registered to
do business in this state that is a member of a health carrier
holding company system shall register with the commissioner, except a foreign health carrier subject to registration
requirements and standards adopted by statute or regulation
in the jurisdiction of its domicile that are substantially similar
to those contained in:
(a) This section;
(b) RCW 48.31C.050(1) and 48.31C.060; and
(c) Either RCW 48.31C.050(1)(b) or a provision such as
the following: Each registered health carrier shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions
within fifteen days after the end of the month in which it
learns of each change or addition.
A health carrier subject to registration under this section
shall register within one hundred twenty days of May 7,
2001, and thereafter within fifteen days after it becomes subject to registration, and annually thereafter by May 15th of
each year for the previous calendar year, unless the commissioner for good cause shown extends the time for registration,
and then within the extended time. The commissioner may
require a health carrier authorized to do business in the state
that is a member of a health carrier holding company system,
but that is not subject to registration under this section, to furnish a copy of the registration statement, the summary specified in subsection (3) of this section, or other information
filed by the health carrier with the regulatory authority of its
domiciliary jurisdiction.
(2) A health carrier subject to registration shall file the
registration statement on a form prescribed by the commissioner, containing the following current information:
(a) The capital structure, general financial condition,
ownership, and management of the health carrier and any
person controlling the health carrier;
(b) The identity and relationship of every member of the
health carrier holding company system;
(c) The following agreements in force, and transactions
currently outstanding or that have occurred during the last
calendar year between the health carrier and its affiliates:
(i) Loans, other investments, or purchases, sales, or
exchanges of securities of the affiliates by the health carrier
or of the health carrier by its affiliates;
(ii) Purchases, sales, or exchange of assets;
(iii) Transactions not in the ordinary course of business;
(iv) Guarantees or undertakings for the benefit of an
affiliate that result in an actual contingent exposure of the
health carrier’s assets to liability, other than subscriber contracts entered into in the ordinary course of the health carrier’s business;
48.31C.040
(2008 Ed.)
48.31C.040
(v) All management agreements, service contracts, and
cost-sharing arrangements;
(vi) Reinsurance agreements;
(vii) Dividends and other distributions to shareholders;
and
(viii) Consolidated tax allocation agreements;
(d) Any pledge of the health carrier’s stock, including
stock of a subsidiary or controlling affiliate, for a loan made
to a member of the health carrier holding company system;
and
(e) Other matters concerning transactions between registered health carriers and affiliates as may be included from
time to time in registration forms adopted or approved by the
commissioner by rule.
(3) Registration statements must contain a summary outlining all items in the current registration statement representing changes from the prior registration statement.
(4) No information need be disclosed on the registration
statement filed under subsection (2) of this section if the
information is not material for the purposes of this section.
Unless the commissioner by rule or order provides otherwise,
sales, purchases, exchanges, loans or extensions of credit,
investments, or guarantees, involving two percent or less of a
health carrier’s admitted assets as of the 31st day of the previous December are not material for purposes of this section.
(5) A person within a health carrier holding company
system subject to registration shall provide complete and
accurate information to a health carrier, where the information is reasonably necessary to enable the health carrier to
comply with this chapter.
(6) The commissioner shall terminate the registration of
a health carrier under this section that demonstrates that it no
longer is a member of a health carrier holding company system.
(7) The commissioner may require or allow two or more
affiliated health carriers subject to registration under this section to file a consolidated registration statement.
(8) The commissioner may allow a health carrier registered to do business in this state and part of a health carrier
holding company system to register on behalf of an affiliated
health carrier that is required to register under subsection (1)
of this section and to file all information and material
required to be filed under this section.
(9) This section does not apply to a health carrier, information, or transaction if, and to the extent that, the commissioner by rule or order exempts the health carrier, information, or transaction from this section.
(10) A person may file with the commissioner a disclaimer of affiliation with an authorized health carrier, or a
health carrier or a member of a health carrier holding company system may file the disclaimer. The disclaimer must
fully disclose all material relationships and bases for affiliation between the person and the health carrier as well as the
basis for disclaiming the affiliation. After a disclaimer has
been filed, the health carrier is relieved of any duty to register
or report under this section that may arise out of the health
carrier’s relationship with the person unless and until the
commissioner disallows the disclaimer. The commissioner
shall disallow the disclaimer only after furnishing all parties
in interest with notice and opportunity to be heard and after
making specific findings of fact to support the disallowance.
[Title 48 RCW—page 249]
48.31C.050
Title 48 RCW: Insurance
(11) Failure to file a registration statement or a summary
of the registration statement required by this section within
the time specified for the filing is a violation of this section.
[2001 c 179 § 4.]
48.31C.050 Health carrier subject to registration—
Standards for transactions within a holding company system—Notice to commissioner—Review. (1) Transactions
within a health carrier holding company system to which a
health carrier subject to registration is a party are subject to
the following standards:
(a) The terms must be fair and reasonable;
(b) Charges or fees for services performed must be fair
and reasonable;
(c) Expenses incurred and payment received must be
allocated to the health carrier in conformity with customary
statutory accounting practices consistently applied;
(d) The books, accounts, and records of each party to all
such transactions must be so maintained as to clearly and
accurately disclose the nature and details of the transactions,
including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and
(e) The health carrier’s net worth after the transaction
must exceed the health carrier’s company action level riskbased capital. In addition, the commissioner may disapprove
a transaction if the health carrier’s risk-based capital net
worth is less than the product of 2.5 and the health carrier’s
authorized control level risk-based capital and the commissioner reasonably believes that the health carrier’s net worth
is at risk of falling below its company action level risk-based
capital due to anticipated future financial losses not reflected
in the risk-based capital calculation. This subsection (1)(e)
does not prohibit transactions that improve or help maintain
the health carrier’s net worth.
(2) The following transactions, excepting those transactions which are subject to approval by the commissioner elsewhere within this title, involving a domestic health carrier
and a person in its health carrier holding company system
may not be entered into unless the health carrier has notified
the commissioner in writing of its intention to enter into the
transaction and the commissioner does not declare the notice
to be incomplete at least thirty days before, or such shorter
period as the commissioner may permit, and the commissioner has not disapproved it within that period. Unless the
commissioner declares the notice to be incomplete and
requests additional information, the notice is deemed complete thirty days after receipt of the notice by the commissioner. If the commissioner declares the notice to be incomplete, the thirty-day time period in which the notice is
deemed complete shall be tolled until fifteen days after the
receipt by the commissioner of the additional information:
(a) Sales, purchases, exchanges, loans or extensions of
credit, guarantees, or investments if the transactions are equal
to or exceed the lesser of (i) two months of the health carrier’s
annualized claims and administrative costs, (ii) five percent
of the health carrier’s admitted assets, or (iii) twenty-five percent of net worth, as of the 31st day of the previous December;
(b) Loans or extensions of credit to any person who is not
an affiliate, if the health carrier makes the loans or extensions
48.31C.050
[Title 48 RCW—page 250]
of credit with the agreement or understanding that the proceeds of the transactions, in whole or in substantial part, are
to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, an affiliate of the
health carrier making the loans or extensions of credit, if the
transactions are equal to or exceed the lesser of (i) two
months of the health carrier’s annualized claims and administrative costs, (ii) three percent of the health carrier’s admitted
assets, or (iii) twenty-five percent of net worth, as of the 31st
day of the previous December;
(c) Reinsurance agreements or modifications to them in
which the reinsurance premium or a change in the health carrier’s liabilities equals or exceeds five percent of the health
carrier’s net worth, as of the 31st day of the previous December, including those agreements that may require as consideration the transfer of assets from a health carrier to a nonaffiliate, if an agreement or understanding exists between the
health carrier and nonaffiliate that any portion of the assets
will be transferred to one or more affiliates of the health carrier;
(d) Management agreements, service contracts, and
cost-sharing arrangements; and
(e) Other acquisitions or dispositions of assets involving
more than five percent of the health carrier’s admitted assets,
specified by rule, that the commissioner determines may
adversely affect the interests of the health carrier’s subscribers.
(3) A domestic health carrier may not enter into transactions that are part of a plan or series of like transactions with
persons within the health carrier holding company system if
the aggregate amount of the transactions within a twelvemonth period exceed the statutory threshold amount. If the
commissioner determines that the separate transactions
entered into over a twelve-month period exceed the statutory
threshold amount, the commissioner may apply for an order
as described in RCW 48.31C.080(1).
(4) The commissioner, in reviewing transactions under
subsection (2) of this section, shall consider whether the
transactions comply with the standards set forth in subsection
(1) of this section.
(5) If a health carrier complies with the terms of a management agreement, service contract, or cost-sharing agreement that has not been disapproved by the commissioner
under subsection (2) of this section, then the health carrier is
not required to obtain additional approval from the commissioner for individual transactions conducted under the terms
of the management agreement, service contract, or cost-sharing agreement. The commissioner, however, retains the
authority to examine the individual transactions to determine
their compliance with the terms of the management agreement, service contract, or cost-sharing agreement and subsection (1) of this section.
(6) This section does not authorize or permit a transaction that, in the case of a health carrier not a member of the
same health carrier holding company system, would be otherwise contrary to law. [2001 c 179 § 5.]
48.31C.060 Extraordinary dividends or distributions—Restrictions—Definition of distribution. (1)(a)
Subject to subsection (2) of this section, each registered
health carrier shall report to the commissioner all dividends
48.31C.060
(2008 Ed.)
Health Carrier Holding Company Act
and other distributions to shareholders or members not within
the ordinary course of business within five business days
after their declaration and at least fifteen business days before
payment and shall provide the commissioner such other
information as may be required by rule.
(b) Any payment of a dividend or other distribution to
shareholders or members which would reduce the net worth
of the health carrier below the greater of (i) the minimum
required by RCW 48.44.037 for a health care service contractor or RCW 48.46.235 for a health maintenance organization
or (ii) the co mpany action level RBC un der RCW
48.43.300(9)(a) is prohibited.
(2)(a) No domestic health carrier may pay an extraordinary dividend or make any other extraordinary distribution to
its shareholders or members until: (i) Thirty days after the
commissioner has received sufficient notice of the declaration, unless the commissioner declares the notice to be
incomplete and requests additional information in which
event the thirty days shall be tolled until fifteen days after
receipt by the commissioner of the additional information or
thirty days after the original receipt of the notice by the commissioner, whichever is later, and the commissioner has not
within that period disapproved the payment; or (ii) the commissioner has approved the payment within the thirty-day
period.
(b) For purposes of this section, an extraordinary dividend or distribution is a dividend or distribution of cash or
other property whose fair market value, together with that of
other dividends or distributions not within the ordinary
course of business made within the period of twelve consecutive months ending on the date on which the proposed dividend is scheduled for payment or distribution, exceeds the
lesser of: (i) Ten percent of the health carrier’s net worth as
of the 31st day of the previous December; or (ii) the net
income of the health carrier for the twelve-month period ending the 31st day of the previous December, but does not
include pro rata distributions of any class of the company’s
own securities.
(c) Notwithstanding any other provision of law, a health
carrier may declare an extraordinary dividend or distribution
that is conditional upon the commissioner’s approval. The
declaration confers no rights upon shareholders or members
until: (i) The commissioner has approved the payment of the
dividend or distribution; or (ii) the commissioner has not disapproved the payment within the thirty-day period referred to
in (a) of this subsection.
(3) For the purpose of this section, "distribution" means
a direct or indirect transfer of money or other property,
except its own shares, or incurrence of indebtedness by a
health carrier to or for the benefit of its members or shareholders in respect to any of its shares. A distribution may be
in the form of a declaration or payment of a dividend; a distribution in partial or complete liquidation, or upon voluntary
or involuntary dissolution; a purchase, redemption, or other
acquisition of shares; or a distribution of indebtedness in
respect to any of its shares. It does not include any remuneration to a shareholder or member made as consideration for
services or items provided by such shareholder or member,
including but not limited to remuneration in exchange for
health care services, equipment or supplies, or administrative
support services or equipment. [2001 c 179 § 6.]
(2008 Ed.)
48.31C.080
48.31C.070 Examination of health carriers—Commissioner may order production of information—Failure
to comply—Costs. (1) Subject to the limitation contained in
this section and in addition to the powers that the commissioner has under RCW 48.44.145 relating to the examination
of health care service contractors and under RCW 48.46.120
relating to the examination of health maintenance organizations, the commissioner also may order a health carrier registered under RCW 48.31C.040 to produce such records,
books, or other information papers in the possession of the
health carrier or its affiliates as are reasonably necessary to
ascertain the financial condition of the health carrier or to
determine compliance with this title. If the health carrier fails
to comply with the order, the commissioner may examine the
affiliates to obtain the information.
(2) The commissioner may retain at the registered health
carrier’s expense those attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as are reasonably necessary to assist in the conduct of the
examination under subsection (1) of this section. Persons so
retained are under the direction and control of the commissioner and shall act in a purely advisory capacity.
(3) Each registered health carrier producing for examination records, books, and papers under subsection (1) of this
section are liable for and shall pay the expense of the examination in accordance with RCW 48.03.060.
(4) Chapter 48.03 RCW applies to this chapter except to
the extent expressly modified by this chapter. [2001 c 179 §
7.]
48.31C.070
48.31C.080 Violations of chapter—Commissioner
may seek superior court order. (1) Whenever it appears to
the commissioner that a health carrier or a director, officer,
employee, or agent of the health carrier has committed or is
about to commit a violation of this chapter or any rule or
order of the commissioner under this chapter, the commissioner may apply to the superior court for Thurston county or
to the court for the county in which the principal office of the
health carrier is located for an order enjoining the health carrier or the director, officer, employee, or agent from violating
or continuing to violate this chapter or any such rule or order,
and for such other equitable relief as the nature of the case
and the interest of the health carrier’s subscribers or the public may require.
(2) No security that is the subject of an agreement or
arrangement regarding acquisition, or that is acquired or to be
acquired, in contravention of this chapter or of a rule or order
of the commissioner under this chapter may be voted at a
shareholders’ meeting, or may be counted for quorum purposes. Any action of shareholders requiring the affirmative
vote of a percentage of shares may be taken as though the
securities were not issued and outstanding, but no action
taken at any such meeting may be invalidated by the voting of
the securities, unless the action would materially affect control of the health carrier or unless the courts of this state have
so ordered. If a health carrier or the commissioner has reason
to believe that a security of the health carrier has been or is
about to be acquired in contravention of this chapter or of a
rule or order of the commissioner under this chapter, the
health carrier or the commissioner may apply to the superior
court for Thurston county or to the court for the county in
48.31C.080
[Title 48 RCW—page 251]
48.31C.090
Title 48 RCW: Insurance
which the health carrier has its principal place of business to
enjoin an offer, request, invitation, agreement, or acquisition
made in contravention of RCW 48.31C.030 or a rule or order
of the commissioner under that section to enjoin the voting of
a security so acquired, to void a vote of the security already
cast at a meeting of shareholders, and for such other relief as
the nature of the case and the interest of the health carrier’s
subscribers or the public may require.
(3) If a person has acquired or is proposing to acquire
voting securities in violation of this chapter or a rule or order
of the commissioner under this chapter, the superior court for
Thurston county or the court for the county in which the
health carrier has its principal place of business may, on such
notice as the court deems appropriate, upon the application of
the health carrier or the commissioner seize or sequester voting securities of the health carrier owned directly or indirectly by the person, and issue such order with respect to the
securities as may be appropriate to carry out this chapter.
(4) Notwithstanding any other provisions of law, for the
purposes of this chapter, the situs of the ownership of the
securities of domestic health carriers is in this state.
(5) Subsections (2) and (3) of this section do not apply to
acquisitions under RCW 48.31C.020. [2001 c 179 § 8.]
48.31C.090 Violations of chapter—Penalties—Civil
forfeitures—Orders—Referral to prosecuting attorney—
Imprisonment. (1) The commissioner may require, after
notice and hearing, a health carrier failing, without just cause,
to file a registration statement as required in this chapter, to
pay a penalty of not more than ten thousand dollars per day.
The maximum penalty under this section is one million dollars. The commissioner may reduce the penalty if the health
carrier demonstrates to the commissioner that the imposition
of the penalty would constitute a financial hardship to the
health carrier. The commissioner shall transfer a fine collected under this section to the state treasurer for deposit into
the general fund.
(2) Every director or officer of a health carrier holding
company system who knowingly violates this chapter, or participates in, or assents to, or who knowingly permits an
officer or agent of the health carrier to engage in transactions
or make investments that have not been properly reported or
submitted under RCW 48.31C.040(1), 48.31C.050(2), or
48.31C.060, or that violate this chapter, shall pay, in their
individual capacity, a civil forfeiture of not more than ten
thousand dollars per violation, after notice and hearing. In
determining the amount of the civil forfeiture, the commissioner shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history
of previous violations, and such other matters as justice may
require.
(3) Whenever it appears to the commissioner that a
health carrier subject to this chapter, or a director, officer,
employee, or agent of the health carrier, has engaged in a
transaction or entered into a contract that is subject to RCW
48.31C.050 and 48.31C.060 and that would not have been
approved had approval been requested, the commissioner
may order the health carrier to cease and desist immediately
any further activity under that transaction or contract. After
notice and hearing the commissioner may also order the
health carrier to void any such contracts and restore the status
48.31C.090
[Title 48 RCW—page 252]
quo if that action is in the best interest of the subscribers or
the public.
(4) Whenever it appears to the commissioner that a
health carrier or a director, officer, employee, or agent of the
health carrier has committed a willful violation of this chapter, the commissioner may refer the matter to the prosecuting
attorney of Thurston county or the county in which the principal office of the health carrier is located. A health carrier
that willfully violates this chapter may be fined not more than
one million dollars. Any individual who willfully violates
this chapter may be fined in his or her individual capacity not
more than ten thousand dollars, or be imprisoned for not
more than three years, or both.
(5) An officer, director, or employee of a health carrier
holding company system who willfully and knowingly subscribes to or makes or causes to be made a false statement,
false report, or false filing with the intent to deceive the commissioner in the performance of his or her duties under this
chapter, upon conviction thereof, shall be imprisoned for not
more than three years or fined not more than ten thousand
dollars or both. The officer, director, or employee upon
whom the fine is imposed shall pay the fine in his or her individual capacity.
(6) This section does not apply to acquisitions under
RCW 48.31C.020. [2001 c 179 § 9.]
48.31C.100 Violations of chapter—Impairment of
financial condition. Whenever it appears to the commissioner that a person has committed a violation of this chapter
that so impairs the financial condition of a domestic health
carrier as to threaten insolvency or make the further transaction of business by it hazardous to its subscribers or the public, the commissioner may proceed as provided in RCW
48.31.030 and 48.31.040 to take possession of the property of
the domestic health carrier and to conduct the business of the
health carrier. [2001 c 179 § 10.]
48.31C.100
48.31C.110 Order for liquidation or rehabilitation—
Recovery of distributions or payments—Liability—Maximum amount recoverable. (1) If an order for liquidation or
rehabilitation of a domestic health carrier has been entered,
the receiver appointed under the order may recover on behalf
of the health carrier:
(a) From a parent corporation or a holding company, a
person, or an affiliate, who otherwise controlled the health
carrier, the amount of distributions, other than distributions
of shares of the same class of stock, paid by the health carrier
on its capital stock; or
(b) A payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment, made by
the health carrier or its subsidiary to a director, officer, or
employee;
Where the distribution or payment under (a) or (b) of this
subsection is made at anytime during the one year before the
petition for liquidation, conservation, or rehabilitation, as the
case may be, subject to the limitations of subsections (2)
through (4) of this section.
(2) No such distribution is recoverable if it is shown that
when paid, the distribution was lawful and reasonable, and
that the health carrier did not know and could not reasonably
48.31C.110
(2008 Ed.)
Washington Insurance Guaranty Association Act
have known that the distribution might adversely affect the
ability of the health carrier to fulfill its contractual obligations.
(3) A person who was a parent corporation, a holding
company, or a person, who otherwise controlled the health
carrier, or an affiliate when the distributions were paid, is liable up to the amount of distributions or payments under subsection (1) of this section the person received. A person who
controlled the health carrier at the time the distributions were
declared is liable up to the amount of distributions he or she
would have received if they had been paid immediately. If
two or more persons are liable with respect to the same distributions, they are jointly and severally liable.
(4) The maximum amount recoverable under this section
is the amount needed in excess of all other available assets of
the impaired or insolvent health carrier to pay the contractual
obligations of the impaired or insolvent health carrier.
(5) To the extent that a person liable under subsection (3)
of this section is insolvent or otherwise fails to pay claims
due from it under those provisions, its parent corporation,
holding company, or person, who otherwise controlled it at
the time the distribution was paid, is jointly and severally liable for a resulting deficiency in the amount recovered from
the parent corporation, holding company, or person, who otherwise controlled it. [2001 c 179 § 11.]
48.31C.120 Violations of chapter—Contrary to
interests of subscribers or the public. Whenever it appears
to the commissioner that a person has committed a violation
of this chapter that makes the continued operation of a health
carrier contrary to the interests of subscribers or the public,
the commissioner may, after giving notice and an opportunity
to be heard, suspend, revoke, or refuse to renew the health
carrier’s registration to do business in this state for such
period as he or she finds is required for the protection of subscribers or the public. Such a suspension, revocation, or
refusal to renew the health carrier’s registration must be
accompanied by specific findings of fact and conclusions of
law. [2001 c 179 § 12.]
48.31C.120
48.31C.130 Confidential proprietary and trade
secret information—Exempt from public disclosure—
Exceptions. Confidential proprietary and trade secret information pr ovided to the com missioner un der RCW
48.31C.020 through 48.31C.050 and 48.31C.070 are exempt
from public inspection and copying and shall not be subject
to subpoena directed to the commissioner or any person who
received the confidential proprietary financial and trade
secret information while acting under the authority of the
commissioner. This information shall not be made public by
the commissioner, the national association of insurance commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the
health carrier to which it pertains unless the commissioner,
after giving the health carrier that would be affected by the
disclosure notice and hearing under chapter 48.04 RCW,
determines that the interest of policyholders, subscribers,
members, shareholders, or the public will be served by the
publication, in which event the commissioner may publish
information related to the transactions or filings in the man48.31C.130
(2008 Ed.)
Chapter 48.32
ner and time frame he or she reasonably deems appropriate
and sensitive to the interest in preserving confidential proprietary and trade secret information. The commissioner is
authorized to use such documents, materials, or information
in the furtherance of any regulatory or legal action brought as
part of the commissioner’s official duties. The confidentiality
created by chapter 179, Laws of 2001 shall apply only to the
commissioner, any person acting under the authority of the
commissioner, the national association of insurance commissioners and its affiliates and subsidiaries, and the insurance
departments of other states. [2001 c 179 § 13.]
48.31C.140 Person aggrieved by actions of commissioner. A person aggrieved by an act, determination, rule,
order, or any other action of or failure to act by the commissioner under this chapter may proceed in accordance with
chapters 34.05 and 48.04 RCW. [2001 c 179 § 15.]
48.31C.140
48.31C.150 Rule making. The commissioner may
adopt rules to implement and administer this chapter. [2001
c 179 § 16.]
48.31C.150
48.31C.160 Dual holding company system membership. If an insurance company holding a certificate of
authority from the commissioner under chapter 48.05 RCW
is a member of both a health carrier holding company system
under this chapter and an insurance holding company system
under chapter 48.31B RCW, then chapter 48.31B RCW
applies to the authorized insurance company. [2001 c 179 §
17.]
48.31C.160
48.31C.900 Severability—2001 c 179. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 179 § 18.]
48.31C.900
48.31C.901 Effective date—2001 c 179. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 7, 2001]. [2001 c 179 § 19.]
48.31C.901
Chapter 48.32 RCW
WASHINGTON INSURANCE GUARANTY
ASSOCIATION ACT
Chapter 48.32
Sections
48.32.010
48.32.020
48.32.030
48.32.040
48.32.050
48.32.060
48.32.070
48.32.080
48.32.090
48.32.100
48.32.110
48.32.120
48.32.130
48.32.145
48.32.150
Purpose.
Scope.
Definitions.
Creation of the association—Required accounts.
Board of directors.
Powers and duties of the association.
Plan of operation.
Duties and powers of the commissioner.
Effect of paid claims.
Nonduplication of recovery.
Prevention of insolvencies.
Examination of the association.
Tax exemption.
Credit against premium tax for assessments paid pursuant to
RCW 48.32.060(1)(c).
Immunity.
[Title 48 RCW—page 253]
48.32.010
48.32.160
48.32.170
48.32.900
48.32.901
48.32.910
48.32.920
48.32.930
Title 48 RCW: Insurance
Stay of proceedings—Setting aside judgment.
Termination, distribution of fund.
Short title.
Effective date—2005 c 100.
Construction—1971 ex.s. c 265.
Section headings not part of law.
Severability—1971 ex.s. c 265.
48.32.010 Purpose. The purpose of this chapter is to
provide a mechanism for the payment of covered claims to
avoid excessive delay in payment and to avoid financial loss
to claimants or policyholders under certain policies of insurance covered by the scope of this chapter because of the
insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to
assess the cost of such protection among insurers. [2005 c
100 § 1; 1971 ex.s. c 265 § 1.]
48.32.010
48.32.020 Scope. This chapter applies to all kinds of
direct insurance, except life, title, surety, disability, credit,
mortgage guaranty, workers’ compensation, and ocean
marine. Workers’ compensation as used in this section does
not include longshore and harbor workers’ compensation act
insurance. [2005 c 100 § 2; 1987 c 185 § 29; 1975-’76 2nd
ex.s. c 109 § 2; 1971 ex.s. c 265 § 2.]
48.32.020
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.32.030 Definitions. As used in this chapter:
(1) "Account" means one of the three accounts created in
RCW 48.32.040.
(2) "Association" means the Washington insurance guaranty association created in RCW 48.32.040.
(3) "Commissioner" means the insurance commissioner
of this state.
(4) "Covered claim" means:
(a) Except for longshore and harbor workers’ compensation act insurance, an unpaid claim, including one for
unearned premiums, that arises out of and is within the coverage of an insurance policy to which this chapter applies
issued by an insurer, if such insurer becomes an insolvent
insurer after the first day of April, 1971 and (i) the claimant
or insured is a resident of this state at the time of the insured
event; or (ii) the property from which the claim arises is permanently located in this state. "Covered claim" does not
include any amount due any reinsurer, insurer, insurance
pool, or underwriting association, as subrogation recoveries
or otherwise. However, a claim for any such amount asserted
against a person insured under a policy issued by an insurer
which has become an insolvent insurer, which, if it were not
a claim by or for the benefit of a reinsurer, insurer, insurance
pool, or underwriting association, would be a "covered
claim" may be filed directly with the receiver of the insolvent
insurer, but in no event may any such claim be asserted in any
legal action against the insured of such insolvent insurer. In
addition, "covered claim" does not include any claim filed
with the association subsequent to the final date set by the
court for the filing of claims against the liquidator or receiver
of an insolvent insurer; and
(b) For longshore and harbor workers’ compensation act
insurance, an unpaid claim, excluding one for unearned premiums, for benefits due an injured worker under the long48.32.030
[Title 48 RCW—page 254]
shore and harbor workers’ compensation act that is within the
coverage of an insurance policy to which this chapter applies
issued by an insurer, if that insurer becomes an insolvent
insurer after April 20, 2005, and (i) the worksite from which
the injury occurred is within this state or on the navigable
waters within or immediately offshore of this state, or (ii) the
worksite from which the injury occurred is outside this state,
the injured worker is a permanent resident of this state, the
injured worker is temporarily working at the worksite from
which the injury occurred, and the injured worker is not covered under a policy of longshore and harbor workers’ compensation insurance issued in another state. "Covered claim"
does not include any amount due any insurer, reinsurer,
insurance pool, or underwriting association, as subrogation
recoveries or otherwise.
(5) "Insolvent insurer" means:
(a) An insurer (i) authorized to transact insurance in this
state either at the time the policy was issued or when the
insured event occurred and (ii) determined to be insolvent
and ordered liquidated by a court of competent jurisdiction,
and which adjudication was subsequent to the first day of
April, 1971; and
(b) In the case of an insurer writing longshore and harbor
workers’ compensation act insurance, an insurer (i) authorized to write this class of insurance at the time the policy was
written and (ii) determined to be insolvent and ordered liquidated by a court of competent jurisdiction subsequent to
April 20, 2005.
(6) "Longshore and harbor workers’ compensation act"
means the longshore and harbor workers’ compensation act
as defined in U.S.C. Title 33, Chapter 18, 901 et seq. and its
extensions commonly known as the defense base act, outer
continental shelf lands act, nonappropriated funds instrumentalities act, District of Columbia workers’ compensation act,
and the war hazards act.
(7) "Member insurer" means any person who (a) writes
any kind of insurance to which this chapter applies under
RCW 48.32.020, including the exchange of reciprocal or
interinsurance contracts, and (b) holds a certificate of authority to transact insurance in this state.
(8) "Net direct written premiums" means direct gross
premiums written in this state on insurance policies to which
this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. "Net direct written premiums" does not include premiums on contracts between insurers or reinsurers.
(9) "Person" means any individual, corporation, partnership, association, or voluntary organization. [2005 c 100 § 3;
1975-’76 2nd ex.s. c 109 § 3; 1971 ex.s. c 265 § 3.]
48.32.040 Creation of the association—Required
accounts. There is hereby created a nonprofit unincorporated legal entity to be known as the Washington insurance
guaranty association. All insurers defined as member insurers in RCW 48.32.030 shall be and remain members of the
association as a condition of their authority to transact insurance in this state. The association shall perform its functions
under a plan of operation established and approved under
RCW 48.32.070 and shall exercise its powers through a
board of directors established under RCW 48.32.050. For
purposes of administration and assessment, the association
48.32.040
(2008 Ed.)
Washington Insurance Guaranty Association Act
shall be divided into three separate accounts: (1) The automobile insurance account; (2) the account for longshore and
harbor workers’ compensation act insurance; and (3) the
account for all other insurance to which this chapter applies.
[2005 c 100 § 4; 1975-’76 2nd ex.s. c 109 § 4; 1971 ex.s. c
265 § 4.]
48.32.050 Board of directors. (1) The board of directors of the association shall consist of not less than five nor
more than nine persons serving terms as established in the
plan of operation. The members of the board shall be
selected by member insurers subject to the approval of the
commissioner. Vacancies on the board shall be filled for the
remaining period of the term by a majority vote of the
remaining board members, subject to the approval of the
commissioner.
(2) In approving selections to the board, the commissioner shall consider among other things whether all member
insurers are fairly represented. In the event of the insolvency
of a member insurer who writes longshore and harbor workers’ compensation act insurance, at least one member of the
board must represent the interests of this class of insurer, and
this member shall be added to the board at the next annual
meeting following the insolvency.
(3) Members of the board may be reimbursed from the
assets of the association for expenses incurred by them as
members of the board of directors. [2005 c 100 § 5; 1975-’76
2nd ex.s. c 109 § 5; 1971 ex.s. c 265 § 5.]
48.32.050
48.32.060 Powers and duties of the association. (1)
The association shall:
(a)(i) For other than covered claims involving the longshore and harbor workers’ compensation act, be obligated to
the extent of the covered claims existing prior to the order of
liquidation and arising within thirty days after the order of
liquidation, or before the policy expiration date if less than
thirty days after the order of liquidation, or before the insured
replaces the policy or on request effects cancellation, if he or
she does so within thirty days of the order of liquidation, but
such an obligation includes only that amount of each covered
claim which is in excess of one hundred dollars and is less
than three hundred thousand dollars. In no event shall the
association be obligated to a policyholder or claimant in an
amount in excess of the face amount of the policy from which
the claim arises.
(ii) For covered claims involving longshore and harbor
workers’ compensation act insurance, be obligated to the
extent of covered claims for insolvencies occurring after
April 20, 2005. This obligation is for the statutory obligations established under the longshore and harbor workers’
compensation act. However, the insured employer shall
reimburse the association for any deductibles that are owed
as part of the insured’s obligations.
(b) Be deemed the insurer to the extent of its obligation
on the covered claims and to such extent shall have all rights,
duties, and obligations of the insolvent insurer as if the
insurer had not become insolvent.
(c)(i) Allocate claims paid and expenses incurred among
the three accounts enumerated in RCW 48.32.040 separately,
and assess member insurers separately for each account
48.32.060
(2008 Ed.)
48.32.060
amounts necessary to pay the obligations of the association
under (a) of this subsection subsequent to an insolvency, the
expenses of handling covered claims subsequent to an insolvency, the cost of examinations under RCW 48.32.110, and
other expenses authorized by this chapter. Except as provided for in this subsection for member insurers who write
longshore and harbor workers’ compensation act insurance,
the assessments of each member insurer shall be in the proportion that the net direct written premiums of the member
insurer for the calendar year preceding the assessment on the
kinds of insurance in the account bears to the net direct written premiums of all member insurers for the calendar year
preceding the assessment on the kinds of insurance in the
account. Each member insurer shall be notified of the assessment not later than thirty days before it is due. No member
insurer may be assessed in any year on any account an
amount greater than two percent of that member insurer’s net
direct written premiums for the calendar year preceding the
assessment on the kinds of insurance in the account. If the
maximum assessment, together with the other assets of the
association in any account, does not provide in any one year
in any account an amount sufficient to make all necessary
payments from that account, the funds available may be prorated and the unpaid portion shall be paid as soon thereafter
as funds become available. The association shall pay claims
in any order which it may deem reasonable, including the
payment of claims in the order such claims are received from
claimants or in groups or categories of claims, or otherwise.
The association may exempt or defer, in whole or in part, the
assessment of any member insurer, if the assessment would
cause the member insurer’s financial statement to reflect
amounts of capital or surplus less than the minimum amounts
required for a certificate of authority by any jurisdiction in
which the member insurer is authorized to transact insurance.
Each member insurer serving as a servicing facility may set
off against any assessment, authorized payments made on
covered claims and expenses incurred in the payment of such
claims by such member insurer if they are chargeable to the
account for which the assessment is made.
(ii) For member insurers who write longshore and harbor
workers’ compensation act insurance, (c)(i) of this subsection
applies except as modified by the following:
(A) Beginning July 1, 2005, and prior to an insolvency,
each member insurer who writes longshore and harbor workers’ compensation act insurance in this state, whether on a
primary or excess coverage basis, shall be assessed at a rate
to be determined by the association, but not more than an
annual rate of three percent of the net direct written premium
for the calendar year preceding the assessment on this kind of
insurance. Insurer assessments prior to an insolvency shall
continue until a fund is established that equals four percent of
the aggregate net direct premium for the calendar year preceding the assessment on all insurers authorized to write this
kind of insurance;
(B) Subsequent to an insolvency, each member insurer
who writes longshore and harbor workers’ compensation act
insurance in this state, whether on a primary or excess coverage basis, shall be assessed at a rate to be determined by the
association, but not more than an annual rate of three percent
of the net direct written premium for the calendar year preceding the assessment on this kind of insurance. Insurer
[Title 48 RCW—page 255]
48.32.070
Title 48 RCW: Insurance
assessments subsequent to an insolvency shall continue until
a fund is established that the association deems sufficient to
meet all claim and loan obligations of the fund, provided that
the net fund balance may not at any time exceed four percent
of the aggregate net direct premium for the calendar year preceding the assessment on all insurers authorized to write this
kind of insurance; and
(C) If any insurer fails to provide its net direct written
premium data in an accurate and timely manner upon request
by the association, the association may, at its discretion, substitute that insurer’s direct written premiums for workers’
compensation reported or reportable in its statutory annual
statement page fourteen data for the state of Washington.
(d) Investigate claims brought against the association
and adjust, compromise, settle, and pay covered claims to the
extent of the association’s obligation and deny all other
claims.
(e) Notify such persons as the commissioner directs
under RCW 48.32.080(2)(a).
(f) Handle claims through its employees or through one
or more insurers or other persons designated as servicing
facilities. Designation of a servicing facility is subject to the
approval of the commissioner, but such designation may be
declined by a member insurer.
(g) Reimburse each servicing facility for obligations of
the association paid by the facility and for expenses incurred
by the facility while handling claims on behalf of the association and shall pay the other expenses of the association
authorized by this chapter.
(2) The association may:
(a) Appear in, defend, and appeal any action on a claim
brought against the association.
(b) Employ or retain such persons as are necessary to
handle claims and perform other duties of the association.
(c) Borrow funds necessary to effect the purposes of this
chapter in accord with the plan of operation. If such a loan is
related to the account for longshore and harbor workers’
compensation act insurance, the association may seek such a
loan from the Washington longshore and harbor workers’
compensation act insurance assigned risk plan under RCW
48.22.070 or from other interested parties.
(d) Sue or be sued.
(e) Negotiate and become a party to such contracts as are
necessary to carry out the purpose of this chapter.
(f) Perform such other acts as are necessary or proper to
effectuate the purpose of this chapter.
(g) Refund to the member insurers in proportion to the
contribution of each member insurer to that account that
amount by which the assets of the account exceed the liabilities, if, at the end of any calendar year, the board of directors
finds that the assets of the association in any account exceed
the liabilities of that account as estimated by the board of
directors for the coming year.
(3) The association shall not access any funds from the
automobile insurance account or the account for all other
insurance to which this chapter applies to cover the cost of
claims or administration arising under the account for longshore and harbor workers’ compensation act insurance.
[2005 c 100 § 6; 1975-’76 2nd ex.s. c 109 § 6; 1971 ex.s. c
265 § 6.]
[Title 48 RCW—page 256]
48.32.070 Plan of operation. (1)(a) The association
shall submit to the commissioner a plan of operation and any
amendments thereto necessary or suitable to assure the fair,
reasonable, and equitable administration of the association.
The plan of operation and any amendments thereto shall
become effective upon approval in writing by the commissioner.
(b) If the association fails to submit a suitable plan of
operation within ninety days following May 21, 1971 or if at
any time thereafter the association fails to submit suitable
amendments to the plan, the commissioner shall, after notice
and hearing, adopt and promulgate such reasonable rules as
are necessary or advisable to effectuate the provisions of this
chapter. Such rules shall continue in force until modified by
the commissioner or superseded by a plan submitted by the
association and approved by the commissioner.
(2) All member insurers shall comply with the plan of
operation.
(3) The plan of operation shall:
(a) Establish the procedures whereby all the powers and
duties of the association under RCW 48.32.060 will be performed.
(b) Establish procedures for handling assets of the association.
(c) Establish the amount and method of reimbursing
members of the board of directors under RCW 48.32.050.
(d) Establish procedures by which claims may be filed
with the association and establish acceptable forms of proof
of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of such claims shall be periodically submitted to the association or similar organization in
another state by the receiver or liquidator.
(e) Establish regular places and times for meetings of the
board of directors.
(f) Establish procedures for records to be kept of all
financial transactions of the association, its agents, and the
board of directors.
(g) Provide that any member insurer aggrieved by any
final action or decision of the association may appeal to the
commissioner within thirty days after the action or decision.
(h) Establish the procedures whereby selections for the
board of directors will be submitted to the commissioner.
(i) Contain additional provisions necessary or proper for
the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all
powers and duties of the association, except those under
RCW 48.32.060 subsections (1)(c) and (2)(c), are delegated
to a corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. Such a corporation, association or organization shall be reimbursed as a
servicing facility would be reimbursed and shall be paid for
its performance of any other functions of the association. A
delegation under this subsection shall take effect only with
the approval of both the board of directors and the commissioner, and may be made only to a corporation, association,
or organization which extends protection not substantially
less favorable and effective than that provided by this chapter. [1971 ex.s. c 265 § 7.]
48.32.070
(2008 Ed.)
Washington Insurance Guaranty Association Act
48.32.080 Duties and powers of the commissioner.
(1) The commissioner shall:
(a) Notify the association promptly whenever he or any
of his examiners has, or comes into, possession of any data or
information relative to any insurer under his jurisdiction for
any purpose indicating that such insurer is in or is approaching a condition of impaired assets, imminent insolvency, or
insolvency.
(b) Furnish to the association copies of all preliminary
and final audits, investigations, memorandums, opinions, and
reports relative to any insurer under his jurisdiction for any
purpose, promptly upon the preparation of any thereof.
(c) Notify the association of the existence of an insolvent
insurer not later than three days after he receives notice of the
determination of the insolvency. The association shall be
entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member insurer
at the same time such complaint is filed with a court of competent jurisdiction.
(d) Upon request of the board of directors, provide the
association with a statement of the net direct written premiums of each member insurer.
(2) The commissioner may:
(a) Require that the association notify the insureds of the
insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter.
Such notification shall be by mail at their last known address,
where available, but if sufficient information for notification
by mail is not available, notice by publication or in a newspaper of general circulation shall be sufficient.
(b) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any
member insurer which fails to pay an assessment when due or
fails to comply with the plan of operation. As an alternative,
the commissioner may levy a fine on any member insurer
which fails to pay an assessment when due. Such fine shall
not exceed five percent of the unpaid assessment per month,
except that no fine shall be less than one hundred dollars per
month.
(c) Revoke the designation of any servicing facility if he
finds claims are being handled unsatisfactorily.
(3) Whenever the commissioner or any of his examiners
comes into possession of or obtains any data or information
indicating that any insurer under his jurisdiction for any purpose is in or is approaching a condition of impaired assets,
imminent insolvency, or insolvency, he shall within fifteen
days of having such data or information commence investigation and/or take formal action relative to any such insurer,
and in addition within said time shall notify the association of
such condition. Upon failure of the commissioner so to act,
the association is hereby authorized and directed to act and
commence appropriate investigation or proceedings or may
at its option refer the matter to the attorney general for appropriate action relative to which the attorney general shall keep
the association advised throughout any such action or proceedings.
(4) Any final action or order of the commissioner under
this chapter shall be subject to judicial review in a court of
competent jurisdiction. [1975-’76 2nd ex.s. c 109 § 7; 1971
ex.s. c 265 § 8.]
48.32.080
(2008 Ed.)
48.32.110
48.32.090 Effect of paid claims. (1) Any person recovering under this chapter shall be deemed to have assigned his
rights under the policy to the association to the extent of his
recovery from the association. Every insured or claimant
seeking the protection of this chapter shall cooperate with the
association to the same extent as such person would have
been required to cooperate with the insolvent insurer. The
association shall have no cause of action against the insured
of the insolvent insurer for any sums it has paid out.
(2) The receiver, liquidator, or statutory successor of an
insolvent insurer shall be bound by settlements of covered
claims by the association or a similar organization in another
state. The court having jurisdiction shall grant such claims
priority equal to that which the claimant would have been
entitled in the absence of this chapter against the assets of the
insolvent insurer. The expenses of the association or similar
organization in handling claims shall be accorded the same
priority as the liquidator’s expenses.
(3) The association shall periodically file with the
receiver or liquidator of the insolvent insurer statements of
the covered claims paid by the association and estimates of
anticipated claims on the association which shall preserve the
right of the association against the assets of the insolvent
insurer. [1971 ex.s. c 265 § 9.]
48.32.090
48.32.100 Nonduplication of recovery. (1) Any person having a claim against his or her insurer under any provision in his or her insurance policy which is also a covered
claim shall be required to exhaust first any right under that
policy. Any amount payable on a covered claim under this
chapter shall be reduced by the amount of a recovery under
the claimant’s insurance policy.
(2) Any person having a claim that may be recovered
under more than one insurance guaranty association or its
equivalent shall seek recovery first from the association of
the place of residence of the insured except that if it is a first
party claim for damage to property with a permanent location, from the association of the location of the property, and
if it is a workers’ compensation claim or a longshore and harbor workers’ compensation act claim, from the association of
the permanent residence of the claimant. Any recovery under
this chapter shall be reduced by the amount of the recovery
from any other insurance guaranty association or its equivalent. [2005 c 100 § 7; 1987 c 185 § 30; 1971 ex.s. c 265 § 10.]
48.32.100
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.32.110 Prevention of insolvencies. To aid in the
detection and prevention of insurer insolvencies:
(1) It shall be the duty of the board of directors, upon
majority vote, to notify the commissioner of any information
indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
(2) The board of directors may, upon majority vote,
request that the commissioner order an examination of any
member insurer which the board in good faith believes may
be in a financial condition hazardous to the policyholders or
the public. Within thirty days of the receipt of such request,
the commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by
48.32.110
[Title 48 RCW—page 257]
48.32.120
Title 48 RCW: Insurance
such persons as the commissioner designates. The cost of
such examination shall be paid by the association and the
examination report shall be treated as are other examination
reports. In no event shall such examination report be released
to the board of directors prior to its release to the public, but
this shall not preclude the commissioner from complying
with subsection (3) of this section. The commissioner shall
notify the board of directors when the examination is completed. The request for an examination shall be kept on file by
the commissioner but it shall not be open to public inspection
prior to the release of the examination report to the public.
(3) It shall be the duty of the commissioner to report to
the board of directors when he has reasonable cause to
believe that any member insurer examined or being examined
at the request of the board of directors may be insolvent or in
a financial condition hazardous to the policyholders or the
public.
(4) The board of directors may, upon majority vote,
make reports and recommendations to the commissioner
upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such
reports and recommendations shall not be considered public
documents.
(5) The board of directors may, upon majority vote,
make recommendations to the commissioner for the detection
and prevention of insurer insolvencies.
(6) The board of directors shall, at the conclusion of any
insurer insolvency in which the association was obligated to
pay covered claims, prepare a report on the history and
causes of such insolvency, based on the information available
to the association, and submit such report to the commissioner. [1971 ex.s. c 265 § 11.]
48.32.120
48.32.120 Examination of the association. The association shall be subject to examination and regulation by the
commissioner. The board of directors shall submit, not later
than March 30th of each year, a financial report for the preceding calendar year in a form approved by the commissioner. [1971 ex.s. c 265 § 12.]
48.32.130
48.32.130 Tax exemption. The association shall be
exempt from payment of all fees and all taxes levied by this
state or any of its subdivisions except taxes levied on real or
personal property. [1971 ex.s. c 265 § 13.]
48.32.145
48.32.145 Credit against premium tax for assessments paid pursuant to RCW 48.32.060(1)(c). Every
member insurer that prior to April 1, 1993, or after July 27,
1997, shall have paid one or more assessments levied pursuant to RCW 48.32.060(1)(c) shall be entitled to take a credit
against any premium tax falling due under RCW 48.14.020.
The amount of the credit shall be one-fifth of the aggregate
amount of such aggregate assessments paid during such calendar year for each of the five consecutive calendar years
beginning with the calendar year following the calendar year
in which such assessments are paid. Whenever the allowable
credit is or becomes less than one thousand dollars, the entire
amount of the credit may be offset against the premium tax at
the next time the premium tax is paid. [1997 c 300 § 1; 1993
[Title 48 RCW—page 258]
sp.s. c 25 § 901; 1977 ex.s. c 183 § 1; 1975-’76 2nd ex.s. c
109 § 11.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
48.32.150 Immunity. There shall be no liability on the
part of and no cause of action of any nature shall arise against
any member insurer, the association or its agents or employees, the board of directors, or the commissioner or his representatives for any action taken by them in the performance of
their powers and duties under this chapter. [1971 ex.s. c 265
§ 15.]
48.32.150
48.32.160 Stay of proceedings—Setting aside judgment. All proceedings in which the insolvent insurer is a
party or is obligated to defend a party in any court in this state
shall be stayed for one hundred eighty days and such additional time thereafter as may be fixed by the court from the
date the insolvency is determined to permit proper defense by
the association of all pending causes of action. Any judgment
under any decision, verdict, or finding based on default of the
insolvent insurer or on its failure to defend an insured which
is unsatisfied at the date the insolvency is determined shall be
set aside on the motion of the association and the association
shall be permitted to defend such claim on the merits. [1975’76 2nd ex.s. c 109 § 8; 1971 ex.s. c 265 § 16.]
48.32.160
48.32.170 Termination, distribution of fund. (1) The
commissioner shall by order terminate the operation of the
Washington insurers insolvency pool as to any kind of insurance afforded by property or casualty insurance policies with
respect to which he has found, after hearing, that there is in
effect a statutory or voluntary plan which:
(a) Is a permanent plan which is adequately funded or for
which adequate funding is provided; and
(b) Extends, or will extend to state policyholders and residents protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to such kind of insurance under this
chapter.
(2) The commissioner shall by the same such order
authorize discontinuance of future payments by insurers to
the Washington insurers insolvency pool with respect to the
same kinds of insurance: PROVIDED, That assessments and
payments shall continue, as necessary, to liquidate covered
claims of insurers adjudged insolvent prior to said order and
the related expenses not covered by such other plan.
(3) In the event the operation of any account of the
Washington insurers insolvency pool shall be so terminated
as to all kinds of insurance otherwise within its scope, the
pool as soon as possible thereafter shall distribute the balance
of the moneys and assets remaining in said account (after discharge of the functions of the pool with respect to prior
insurer insolvencies not covered by such other plan, together
with related expenses) to the insurers which are then writing
in this state policies of the kinds of insurance covered by such
account, and which had made payments into such account,
pro rata upon the basis of the aggregate of such payments
made by the respective insurers to such account during the
48.32.170
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
period of five years next preceding the date of such order.
Upon completion of such distribution with respect to all of
the accounts specified in RCW 48.32.060, this chapter shall
be deemed to have expired. [1971 ex.s. c 265 § 17.]
48.32.900 Short title. This chapter shall be known and
may be cited as the Washington Insurance Guaranty Association Act. [1971 ex.s. c 265 § 18.]
48.32.900
48.32.901 Effective date—2005 c 100. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 20, 2005]. [2005 c 100 § 8.]
48.32.901
48.32.910 Construction—1971 ex.s. c 265. This chapter shall be liberally construed to effect the purpose under
RCW 48.32.010 which shall constitute an aid and guide to
interpretation. [1971 ex.s. c 265 § 19.]
48.32.910
48.32.920 Section headings not part of law. Section
headings as used in this chapter do not constitute any part of
the law. [1971 ex.s. c 265 § 22.]
48.32.920
48.32.930 Severability—1971 ex.s. c 265. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not
affected. [1971 ex.s. c 265 § 23.]
48.32.930
Chapter 48.32A RCW
WASHINGTON LIFE AND DISABILITY INSURANCE
GUARANTY ASSOCIATION ACT
Chapter 48.32A
Sections
48.32A.005
48.32A.015
48.32A.025
48.32A.035
48.32A.045
48.32A.055
48.32A.065
48.32A.075
48.32A.085
48.32A.095
48.32A.105
48.32A.115
48.32A.125
48.32A.135
48.32A.145
48.32A.155
48.32A.165
48.32A.175
48.32A.185
Short title.
Purpose.
Coverage and limitations.
Construction.
Definitions.
Creation of the association.
Board of directors.
Powers and duties of the association.
Assessments.
Plan of operation.
Duties and powers of the commissioner.
Prevention of insolvencies.
Credits for assessments paid—Tax offsets.
Miscellaneous provisions.
Examination of the association—Annual report.
Tax exemptions.
Immunity.
Stay of proceedings—Reopening default judgments.
Prohibited advertisement of insurance guaranty association act
in insurance sales—Notice to policy owners.
48.32A.901 Prospective application—Savings—2001 c 50.
48.32A.902 Captions not law—2001 c 50.
Group stop loss insurance exemption: RCW 48.21.015.
48.32A.005 Short title. This chapter may be known
and cited as the Washington life and disability insurance
guaranty association act. [2001 c 50 § 1.]
48.32A.005
48.32A.015 Purpose. (1) The purpose of this chapter is
to protect, subject to certain limitations, the persons specified
48.32A.015
(2008 Ed.)
48.32A.025
in RCW 48.32A.025(1) against failure in the performance of
contractual obligations, under life and disability insurance
p o l i ci es a n d a n n u i t y c o n t r a c t s s p e c if ie d in R C W
48.32A.025(2), because of the impairment or insolvency of
the member insurer that issued the policies or contracts.
(2) To provide this protection, an association of insurers
is created to pay benefits and to continue coverages as limited
by this chapter, and members of the association are subject to
assessment to provide funds to carry out the purpose of this
chapter. [2001 c 50 § 2.]
48.32A.025 Coverage and limitations. (1) This chapter provides coverage for the policies and contracts specified
in subsection (2) of this section as follows:
(a) To persons who, regardless of where they reside,
except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees of
the persons covered under (b) of this subsection;
(b) To persons who are owners of or certificate holders
under the policies or contracts, other than unallocated annuity
contracts and structured settlement annuities, and in each
case who:
(i) Are residents; or
(ii) Are not residents, but only under all of the following
conditions:
(A) The insurer that issued the policies or contracts is
domiciled in this state;
(B) The states in which the persons reside have associations similar to the association created by this chapter; and
(C) The persons are not eligible for coverage by an association in any other state due to the fact that the insurer was
not licensed in the state at the time specified in the state’s
guaranty association law;
(c) For unallocated annuity contracts specified in subsection (2) of this section, (a) and (b) of this subsection do not
apply, and this chapter, except as provided in (e) and (f) of
this subsection, does provide coverage to:
(i) Persons who are the owners of the unallocated annuity contracts if the contracts are issued to or in connection
with a specific benefit plan whose plan sponsor has its principal place of business in this state; and
(ii) Persons who are owners of unallocated annuity contracts issued to or in connection with government lotteries if
the owners are residents;
(d) For structured settlement annuities specified in subsection (2) of this section, (a) and (b) of this subsection do not
apply, and this chapter, except as provided in (e) and (f) of
this subsection, does provide coverage to a person who is a
payee under a structured settlement annuity, or beneficiary of
a payee if the payee is deceased, if the payee:
(i) Is a resident, regardless of where the contract owner
resides; or
(ii) Is not a resident, but only under both of the following
conditions:
(A)(I) The contract owner of the structured settlement
annuity is a resident; or
(II) The contract owner of the structured settlement
annuity is not a resident, but the insurer that issued the structured settlement annuity is domiciled in this state; and the
state in which the contract owner resides has an association
similar to the association created by this chapter; and
48.32A.025
[Title 48 RCW—page 259]
48.32A.025
Title 48 RCW: Insurance
(B) Neither the payee, nor beneficiary, nor the contract
owner is eligible for coverage by the association of the state
in which the payee or contract owner resides;
(e) This chapter does not provide coverage to:
(i) A person who is a payee, or beneficiary, of a contract
owner resident of this state, if the payee, or beneficiary, is
afforded any coverage by the association of another state; or
(ii) A person covered under (c) of this subsection, if any
coverage is provided by the association of another state to the
person; and
(f) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under
this chapter is provided coverage under the laws of any other
state, the person shall not be provided coverage under this
chapter. In determining the application of this subsection
(1)(f) in situations where a person could be covered by the
association of more than one state, whether as an owner,
payee, beneficiary, or assignee, this chapter shall be construed in conjunction with other state laws to result in coverage by only one association.
(2)(a) This chapter provides coverage to the persons
specified in subsection (1) of this section for direct, nongroup
life, disability, or annuity policies or contracts and supplemental contracts to any of these, for certificates under direct
group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this
chapter. Annuity contracts and certificates under group annuity contracts include but are not limited to guaranteed investment contracts, deposit administration contracts, unallocated
funding agreements, allocated funding agreements, structured settlement annuities, annuities issued to or in connection with government lotteries, and any immediate or
deferred annuity contracts. However, any annuity contracts
that are unallocated annuity contracts are subject to the specific provisions in this chapter for unallocated annuity contracts.
(b) This chapter does not provide coverage for:
(i) A portion of a policy or contract not guaranteed by the
insurer, or under which the risk is borne by the policy or contract owner;
(ii) A policy or contract of reinsurance, unless assumption certificates have been issued pursuant to the reinsurance
policy or contract;
(iii) A portion of a policy or contract to the extent that the
rate of interest on which it is based, or the interest rate, crediting rate, or similar factor determined by use of an index or
other external reference stated in the policy or contract
employed in calculating returns or changes in value:
(A) Averaged over the period of four years prior to the
date on which the member insurer becomes an impaired or
insolvent insurer under this chapter, whichever is earlier,
exceeds the rate of interest determined by subtracting two
percentage points from Moody’s corporate bond yield average averaged for that same four-year period or for such lesser
period if the policy or contract was issued less than four years
before the member insurer becomes an impaired or insolvent
insurer under this chapter, whichever is earlier; and
(B) On and after the date on which the member insurer
becomes an impaired or insolvent insurer under this chapter,
[Title 48 RCW—page 260]
whichever is earlier, exceeds the rate of interest determined
by subtracting three percentage points from Moody’s corporate bond yield average as most recently available;
(iv) A portion of a policy or contract issued to a plan or
program of an employer, association, or other person to provide life, disability, or annuity benefits to its employees,
members, or others, to the extent that the plan or program is
self-funded or uninsured, including but not limited to benefits
payable by an employer, association, or other person under:
(A) A multiple employer welfare arrangement as defined
in 29 U.S.C. Sec. 1144;
(B) A minimum premium group insurance plan;
(C) A stop-loss group insurance plan; or
(D) An administrative services only contract;
(v) A portion of a policy or contract to the extent that it
provides for:
(A) Dividends or experience rating credits;
(B) Voting rights; or
(C) Payment of any fees or allowances to any person,
including the policy or contract owner, in connection with the
service to or administration of the policy or contract;
(vi) A policy or contract issued in this state by a member
insurer at a time when it was not licensed or did not have a
certificate of authority to issue the policy or contract in this
state;
(vii) An unallocated annuity contract issued to or in connection with a benefit plan protected under the federal pension benefit guaranty corporation, regardless of whether the
federal pension benefit guaranty corporation has yet become
liable to make any payments with respect to the benefit plan;
(viii) A portion of an unallocated annuity contract that is
not issued to or in connection with a specific employee,
union, or association of natural persons benefit plan or a government lottery;
(ix) A portion of a policy or contract to the extent that the
assessments required by RCW 48.32A.085 with respect to
the policy or contract are preempted by federal or state law;
(x) An obligation that does not arise under the express
written terms of the policy or contract issued by the insurer to
the contract owner or policy owner, including without limitation:
(A) Claims based on marketing materials;
(B) Claims based on side letters, riders, or other documents that were issued by the insurer without meeting applicable policy form filing or approval requirements;
(C) Misrepresentations of or regarding policy benefits;
(D) Extra-contractual claims; or
(E) A claim for penalties or consequential or incidental
damages;
(xi) A contractual agreement that establishes the member
insurer’s obligations to provide a book value accounting
guaranty for defined contribution benefit plan participants by
reference to a portfolio of assets that is owned by the benefit
plan or its trustee, which in each case is not an affiliate of the
member insurer; or
(xii) A portion of a policy or contract to the extent it provides for interest or other changes in value to be determined
by the use of an index or other external reference stated in the
policy or contract, but which have not been credited to the
policy or contract, or as to which the policy or contract
owner’s rights are subject to forfeiture, as of the date the
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
member insurer becomes an impaired or insolvent insurer
under this chapter, whichever is earlier. If a policy’s or contract’s interest or changes in value are credited less frequently
than annually, then for purposes of determining the values
that have been credited and are not subject to forfeiture under
this subsection (2)(b)(xii), the interest or change in value
determined by using the procedures defined in the policy or
contract will be credited as if the contractual date of crediting
interest or changing values was the date of impairment or
insolvency, whichever is earlier, and will not be subject to
forfeiture.
(3) The benefits that the association may become obligated to cover shall in no event exceed the lesser of:
(a) The contractual obligations for which the insurer is
liable or would have been liable if it were not an impaired or
insolvent insurer; or
(b)(i) With respect to one life, regardless of the number
of policies or contracts:
(A) Five hundred thousand dollars in life insurance death
benefits, but not more than five hundred thousand dollars in
net cash surrender and net cash withdrawal values for life
insurance;
(B) In disability insurance benefits:
(I) Five hundred thousand dollars for coverages not
defined as disability income insurance or basic hospital, medical, and surgical insurance or major medical insurance
including any net cash surrender and net cash withdrawal values;
(II) Five hundred thousand dollars for disability income
insurance;
(III) Five hundred thousand dollars for basic hospital
medical and surgical insurance or major medical insurance;
or
(C) Five hundred thousand dollars in the present value of
annuity benefits, including net cash surrender and net cash
withdrawal values, except as provided in (ii), (iii), and (v) of
this subsection (3)(b);
(ii) With respect to each individual participating in a
governmental retirement benefit plan established under section 401, 403(b), or 457 of the United States Internal Revenue
Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate, one hundred thousand dollars in present value annuity
benefits, including net cash surrender and net cash withdrawal values;
(iii) With respect to each payee of a structured settlement
annuity, or beneficiary or beneficiaries of the payee if
deceased, five hundred thousand dollars in present value
annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any;
(iv) However, in no event shall the association be obligated to cover more than: (A) An aggregate of five hundred
thousand dollars in benefits with respect to any one life under
(i), (ii), and (iii) of this subsection (3)(b) except with respect
to benefits for basic hospital, medical, and surgical insurance
and major medical insurance under (i)(B) of this subsection
(3)(b), in which case the aggregate liability of the association
shall not exceed five hundred thousand dollars with respect to
any one individual; or (B) with respect to one owner of multiple nongroup policies of life insurance, whether the policy
owner is an individual, firm, corporation, or other person, and
(2008 Ed.)
48.32A.045
whether the persons insured are officers, managers, employees, or other persons, more than five million dollars in benefits, regardless of the number of policies and contracts held
by the owner;
(v) With respect to either: (A) One contract owner provided coverage under subsection (1)(d)(ii) of this section; or
(B) one plan sponsor whose plans own directly or in trust one
or more unallocated annuity contracts not included in (ii) of
this subsection (3)(b), five million dollars in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor. However, in the case where one
or more unallocated annuity contracts are covered contracts
under this chapter and are owned by a trust or other entity for
the benefit of two or more plan sponsors, coverage shall be
afforded by the association if the largest interest in the trust or
entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state and in no
event shall the association be obligated to cover more than
five million dollars in benefits with respect to all these unallocated contracts; or
(vi) The limitations set forth in this subsection are limitations on the benefits for which the association is obligated
before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer
attributable to covered policies. The costs of the association’s
obligations under this chapter may be met by the use of assets
attributable to covered policies or reimbursed to the association pursuant to its subrogation and assignment rights.
(4) In performing its obligations to provide coverage
under RCW 48.32A.075, the association is not required to
guarantee, assume, reinsure, or perform, or cause to be guaranteed, assumed, reinsured, or performed, the contractual
obligations of the insolvent or impaired insurer under a covered policy or contract that do not materially affect the economic values or economic benefits of the covered policy or
contract. [2001 c 50 § 3.]
48.32A.035 Construction. This chapter shall be construed to effect the purpose under RCW 48.32A.015. [2001 c
50 § 4.]
48.32A.035
48.32A.045 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Account" means either of the two accounts created
under RCW 48.32A.055.
(2) "Association" means the Washington life and disability insurance guaranty association created under RCW
48.32A.055.
(3) "Authorized assessment" or the term "authorized"
when used in the context of assessments means a resolution
by the board of directors has been passed whereby an assessment will be called immediately or in the future from member
insurers for a specified amount. An assessment is authorized
when the resolution is passed.
(4) "Benefit plan" means a specific employee, union, or
association of natural persons benefit plan.
(5) "Called assessment" or the term "called" when used
in the context of assessments means that a notice has been
48.32A.045
[Title 48 RCW—page 261]
48.32A.045
Title 48 RCW: Insurance
issued by the association to member insurers requiring that an
authorized assessment be paid within the time frame set forth
within the notice. An authorized assessment becomes a called
assessment when notice is mailed by the association to member insurers.
(6) "Commissioner" means the insurance commissioner
of this state.
(7) "Contractual obligation" means an obligation under a
policy or contract or certificate under a group policy or contract, or portion thereof for which coverage is provided under
RCW 48.32A.025.
(8) "Covered policy" means a policy or contract or portion of a policy or contract for which coverage is provided
under RCW 48.32A.025.
(9) "Extra-contractual claims" includes, for example,
claims relating to bad faith in the payment of claims, punitive
or exemplary damages, or attorneys’ fees and costs.
(10) "Impaired insurer" means a member insurer which,
after July 22, 2001, is not an insolvent insurer, and is placed
under an order of rehabilitation or conservation by a court of
competent jurisdiction.
(11) "Insolvent insurer" means a member insurer which,
after July 22, 2001, is placed under an order of liquidation by
a court of competent jurisdiction with a finding of insolvency.
(12) "Member insurer" means an insurer licensed, or that
holds a certificate of authority, to transact in this state any
kind of insurance for which coverage is provided under RCW
48.32A.025, and includes an insurer whose license or certificate of authority in this state may have been suspended,
revoked, not renewed, or voluntarily withdrawn, but does not
include:
(a) A health care service contractor, whether profit or
nonprofit;
(b) A health maintenance organization;
(c) A fraternal benefit society;
(d) A mandatory state pooling plan;
(e) A mutual assessment company or other person that
operates on an assessment basis;
(f) An insurance exchange;
(g) An organization that has a certificate or license limited to the issuance of charitable gift annuities under RCW
48.38.010; or
(h) An entity similar to (a) through (g) of this subsection.
(13) "Moody’s corporate bond yield average" means the
monthly average corporates as published by Moody’s investors service, inc., or any successor thereto.
(14) "Owner" of a policy or contract and "policy owner"
and "contract owner" mean the person who is identified as the
legal owner under the terms of the policy or contract or who
is otherwise vested with legal title to the policy or contract
through a valid assignment completed in accordance with the
terms of the policy or contract and properly recorded as the
owner on the books of the insurer. "Owner," "contract
owner," and "policy owner" do not include persons with a
mere beneficial interest in a policy or contract.
(15) "Person" means an individual, corporation, limited
liability company, partnership, association, governmental
body or entity, or voluntary organization.
(16) "Plan sponsor" means:
[Title 48 RCW—page 262]
(a) The employer in the case of a benefit plan established
or maintained by a single employer;
(b) The employee organization in the case of a benefit
plan established or maintained by an employee organization;
or
(c) In the case of a benefit plan established or maintained
by two or more employers or jointly by one or more employers and one or more employee organizations, the association,
committee, joint board of trustees, or other similar group of
representatives of the parties who establish or maintain the
benefit plan.
(17) "Premiums" means amounts or considerations, by
whatever name called, received on covered policies or contracts less returned premiums, considerations, and deposits
and less dividends and experience credits. "Premiums" does
not include amounts or considerations received for policies or
contracts or for the portions of policies or contracts for which
coverage is not provided under RCW 48.32A.025(2), except
that assessable premium shall not be reduced on account of
RCW 48.32A.025(2)(b)(iii) relating to interest limitations
and RCW 48.32A.025(3)(b) relating to limitations with
respect to one individual, one participant, and one contract
owner. "Premiums" does not include:
(a) Premiums in excess of five million dollars on an
unallocated annuity contract not issued under a governmental
retirement benefit plan, or its trustee, established under section 401, 403(b), or 457 of the United States Internal Revenue
Code; or
(b) With respect to multiple nongroup policies of life
insurance owned by one owner, whether the policy owner is
an individual, firm, corporation, or other person, and whether
the persons insured are officers, managers, employees, or
other persons, premiums in excess of five million dollars with
respect to these policies or contracts, regardless of the number of policies or contracts held by the owner.
(18)(a) "Principal place of business" of a plan sponsor or
a person other than a natural person means the single state in
which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity
as a whole primarily exercise that function, determined by the
association in its reasonable judgment by considering the following factors:
(i) The state in which the primary executive and administrative headquarters of the entity is located;
(ii) The state in which the principal office of the chief
executive officer of the entity is located;
(iii) The state in which the board of directors, or similar
governing person or persons, of the entity conducts the
majority of its meetings;
(iv) The state in which the executive or management
committee of the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings;
(v) The state from which the management of the overall
operations of the entity is directed; and
(vi) In the case of a benefit plan sponsored by affiliated
companies comprising a consolidated corporation, the state
in which the holding company or controlling affiliate has its
principal place of business as determined using the factors in
(a)(i) through (v) of this subsection.
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
However, in the case of a plan sponsor, if more than fifty
percent of the participants in the benefit plan are employed in
a single state, that state is the principal place of business of
the plan sponsor.
(b) The principal place of business of a plan sponsor of a
benefit plan described in subsection (16)(c) of this section is
the principal place of business of the association, committee,
joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan
that, in lieu of a specific or clear designation of a principal
place of business, is the principal place of business of the
employer or employee organization that has the largest
investment in the benefit plan in question.
(19) "Receivership court" means the court in the insolvent or impaired insurer’s state having jurisdiction over the
conservation, rehabilitation, or liquidation of the insurer.
(20) "Resident" means a person to whom a contractual
obligation is owed and who resides in this state on the date of
entry of a court order that determines a member insurer to be
an impaired insurer or a court order that determines a member
insurer to be an insolvent insurer, whichever occurs first. A
person may be a resident of only one state, which in the case
of a person other than a natural person is its principal place of
business. Citizens of the United States that are either (a) residents of foreign countries, or (b) residents of United States
possessions, territories, or protectorates that do not have an
association similar to the association created by this chapter,
are residents of the state of domicile of the insurer that issued
the policies or contracts.
(21) "Structured settlement annuity" means an annuity
purchased in order to fund periodic payments for a plaintiff or
other claimant in payment for or with respect to personal
injury suffered by the plaintiff or other claimant.
(22) "State" means a state, the District of Columbia,
Puerto Rico, and a United States possession, territory, or protectorate.
(23) "Supplemental contract" means a written agreement
entered into for the distribution of proceeds under a life, disability, or annuity policy or contract.
(24) "Unallocated annuity contract" means an annuity
contract or group annuity certificate which is not issued to
and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under
the contract or certificate. [2001 c 50 § 5.]
48.32A.055 Creation of the association. (1) There is
created a nonprofit unincorporated legal entity to be known
as the Washington life and disability insurance guaranty
association which is composed of the commissioner ex officio and each member insurer. All member insurers must be
and remain members of the association as a condition of their
authority to transact insurance in this state. The association
shall perform its functions under the plan of operation established and approved under RCW 48.32A.095 and shall exercise its powers through a board of directors established under
RCW 48.32A.065. For purposes of administration and
assessment, the association shall maintain two accounts:
(a) The life insurance and annuity account which
includes the following subaccounts:
(i) Life insurance account;
48.32A.055
(2008 Ed.)
48.32A.075
(ii) Annuity account which includes annuity contracts
owned by a governmental retirement plan, or its trustee,
established under section 401, 403(b), or 457 of the United
States Internal Revenue Code, but otherwise excludes unallocated annuities; and
(iii) Unallocated annuity account, which excludes contracts owned by a governmental retirement benefit plan, or its
trustee, established under section 401, 403(b), or 457 of the
United States Internal Revenue Code; and
(b) The disability insurance account.
(2) The association is under the immediate supervision
of the commissioner and is subject to the applicable provisions of the insurance laws of this state. Meetings or records
of the association may be opened to the public upon majority
vote of the board of directors of the association. [2001 c 50 §
6.]
48.32A.065 Board of directors. (1) The board of directors of the association consists of the commissioner ex officio
and not less than five nor more than nine member insurers
serving terms as established in the plan of operation. The
insurer members of the board are selected by member insurers subject to the approval of the commissioner.
Vacancies on the board are filled for the remaining
period of the term by a majority vote of the remaining board
members, subject to the approval of the commissioner.
(2) In approving selections or in appointing members to
the board, the commissioner shall consider, among other
things, whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the
assets of the association for expenses incurred by them as
members of the board of directors but members of the board
are not otherwise compensated by the association for their
services. [2001 c 50 § 7.]
48.32A.065
48.32A.075 Powers and duties of the association. (1)
If a member insurer is an impaired insurer, the association
may, in its discretion, and subject to any conditions imposed
by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the
commissioner:
(a) Guaranty, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the policies or contracts of the impaired insurer; or
(b) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate (a) of this subsection and assure payment of the contractual obligations of
the impaired insurer pending action under (a) of this subsection.
(2) If a member insurer is an insolvent insurer, the association shall, in its discretion, either:
(a)(i)(A) Guaranty, assume, or reinsure, or cause to be
guaranteed, assumed, or reinsured, the policies or contracts of
the insolvent insurer; or
(B) Assure payment of the contractual obligations of the
insolvent insurer; and
(ii) Provide moneys, pledges, loans, notes, guarantees, or
other means reasonably necessary to discharge the association’s duties; or
48.32A.075
[Title 48 RCW—page 263]
48.32A.075
Title 48 RCW: Insurance
(b) Provide benefits and coverages in accordance with
the following provisions:
(i) With respect to life and disability insurance policies
and annuities, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable
under the policies or contracts of the insolvent insurer, for
claims incurred:
(A) With respect to group policies and contracts, not
later than the earlier of the next renewal date under those policies or contracts or forty-five days, but in no event less than
thirty days, after the date on which the association becomes
obligated with respect to the policies and contracts;
(B) With respect to nongroup policies, contracts, and
annuities not later than the earlier of the next renewal date, if
any, under the policies or contracts or one year, but in no
event less than thirty days, from the date on which the association becomes obligated with respect to the policies or contracts;
(ii) Make diligent efforts to provide all known insureds
or annuitants, for nongroup policies and contracts, or group
policy owners with respect to group policies and contracts,
thirty days notice of the termination of the benefits provided;
(iii) With respect to nongroup life and disability insurance policies and annuities covered by the association, make
diligent efforts to make available to each known insured or
annuitant, or owner if other than the insured or annuitant, and
with respect to an individual formerly insured or formerly an
annuitant under a group policy who is not eligible for replacement group coverage, make diligent efforts to make available
substitute coverage on an individual basis in accordance with
the provisions of (b)(iv) of this subsection, if the insureds or
annuitants had a right under law or the terminated policy or
annuity to convert coverage to individual coverage or to continue an individual policy or annuity in force until a specified
age or for a specified time, during which the insurer had no
right unilaterally to make changes in any provision of the policy or annuity or had a right only to make changes in premium by class;
(iv)(A) The substitute coverage under (b)(iii) of this subsection, must be offered through a solvent, admitted insurer.
In the alternative, the association in its discretion, and subject
to any conditions imposed by the association and approved
by the commissioner, may reissue the terminated coverage;
(B) Substituted coverage must be offered without requiring evidence of insurability, and may not provide for any
waiting period or exclusion that would not have applied
under the terminated policy;
(C) The association may reinsure any reissued policy;
(v) If the association elects to reissue terminated coverage at a premium rate different from that charged under the
terminated policy, the premium must be set by the association
in accordance with the amount of insurance provided and the
age and class of risk, subject to approval of the domiciliary
insurance commissioner and the receivership court;
(vi) The association’s obligations with respect to coverage under any policy of the impaired or insolvent insurer or
under any reissued policy cease on the date the coverage or
policy is replaced by another similar policy by the policy
owner, the insured, or the association; or
[Title 48 RCW—page 264]
(vii) When proceeding under this subsection (2)(b) with
respect to a policy or contract carrying guaranteed minimum
interest rates, the association shall assure the payment or
crediting of a rate of interest consistent with RCW
48.32A.025(2)(b)(iii).
(3) Nonpayment of premiums within thirty-one days
after the date required under the terms of any guaranteed,
assumed, or reissued policy or contract or substitute coverage
terminates the association’s obligations under the policy or
coverage under this chapter with respect to the policy or coverage, except with respect to any claims incurred or any net
cash surrender value which may be due in accordance with
the provisions of this chapter.
(4) Premiums due for coverage after entry of an order of
liquidation of an insolvent insurer belong to and are payable
at the direction of the association, and the association is liable
for unearned premiums due to policy or contract owners arising after the entry of the order.
(5) The protection provided by this chapter does not
apply when any guaranty protection is provided to residents
of this state by the laws of the domiciliary state or jurisdiction
of the impaired or insolvent insurer other than this state.
(6) In carrying out its duties under subsection (2) of this
section, the association may:
(a) Subject to approval by a court in this state, impose
permanent policy or contract liens in connection with a guarantee, assumption, or reinsurance agreement, if the association finds that the amounts which can be assessed under this
chapter are less than the amounts needed to assure full and
prompt performance of the association’s duties under this
chapter, or that the economic or financial conditions as they
affect member insurers are sufficiently adverse to render the
imposition of such permanent policy or contract liens, are in
the public interest; and
(b) Subject to approval by a court in this state, impose
temporary moratoriums or liens on payments of cash values
and policy loans, or any other right to withdraw funds held in
conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value.
In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment
of cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out
of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans, or
other rights by the association for the period of the moratorium or moratorium charge imposed by the receivership
court, except for claims covered by the association to be paid
in accordance with a hardship procedure established by the
liquidator or rehabilitator and approved by the receivership
court.
(7) A deposit in this state, held pursuant to law or
required by the commissioner for the benefit of creditors,
including policy owners, not turned over to the domiciliary
liquidator upon the entry of a final order of liquidation or
order approving a rehabilitation plan of an insurer domiciled
in this state or in a reciprocal state, under RCW 48.31.171,
shall be promptly paid to the association. The association is
entitled to retain a portion of any amount so paid to it equal to
the percentage determined by dividing the aggregate amount
of policy owners’ claims related to that insolvency for which
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
the association has provided statutory benefits by the aggregate amount of all policy owners’ claims in this state related
to that insolvency and shall remit to the domiciliary receiver
the amount so paid to the association and not retained under
this subsection. Any amount so paid to the association less
the amount not retained by it shall be treated as a distribution
of estate assets under RCW 48.31.185 or similar provision of
the state of domicile of the impaired or insolvent insurer.
(8) If the association fails to act within a reasonable
period of time with respect to an insolvent insurer, as provided in subsection (2) of this section, the commissioner has
the powers and duties of the association under this chapter
with respect to the insolvent insurer.
(9) The association may render assistance and advice to
the commissioner, upon the commissioner’s request, concerning rehabilitation, payment of claims, continuance of
coverage, or the performance of other contractual obligations
of an impaired or insolvent insurer.
(10) The association has standing to appear or intervene
before a court or agency in this state with jurisdiction over an
impaired or insolvent insurer concerning which the association is or may become obligated under this chapter or with
jurisdiction over any person or property against which the
association may have rights through subrogation or otherwise. Standing extends to all matters germane to the powers
and duties of the association, including, but not limited to,
proposals for reinsuring, modifying, or guaranteeing the policies or contracts of the impaired or insolvent insurer and the
determination of the policies or contracts and contractual
obligations. The association also has the right to appear or
intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the
association is or may become obligated or with jurisdiction
over any person or property against whom the association
may have rights through subrogation or otherwise.
(11)(a) A person receiving benefits under this chapter is
deemed to have assigned the rights under, and any causes of
action against any person for losses arising under, resulting
from, or otherwise relating to, the covered policy or contract
to the association to the extent of the benefits received
because of this chapter, whether the benefits are payments of
or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative coverages. The
association may require an assignment to it of such rights and
cause of action by any payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the
receipt of any right or benefits conferred by this chapter upon
the person.
(b) The subrogation rights of the association under this
subsection have the same priority against the assets of the
impaired or insolvent insurer as that possessed by the person
entitled to receive benefits under this chapter.
(c) In addition to (a) and (b) of this subsection, the association has all common law rights of subrogation and any
other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, or payee of a policy or contract with respect to the policy or contracts, including without limitation, in the case of a
structured settlement annuity, any rights of the owner, beneficiary, or payee of the annuity, to the extent of benefits
received under this chapter, against a person originally or by
(2008 Ed.)
48.32A.075
succession responsible for the losses arising from the personal injury relating to the annuity or payment therefor,
excepting any such person responsible solely by reason of
serving as an assignee in respect of a qualified assignment
under section 130 of the United States Internal Revenue
Code.
(d) If (a) through (c) of this subsection are invalid or
ineffective with respect to any person or claim for any reason,
the amount payable by the association with respect to the
related covered obligations shall be reduced by the amount
realized by any other person with respect to the person or
claim that is attributable to the policies, or portion thereof,
covered by the association.
(e) If the association has provided benefits with respect
to a covered obligation and a person recovers amounts as to
which the association has rights as described in this subsection, the person shall pay to the association the portion of the
recovery attributable to the policies, or portion thereof, covered by the association.
(12) In addition to the rights and powers elsewhere in
this chapter, the association may:
(a) Enter into such contracts as are necessary or proper to
carry out the provisions and purposes of this chapter;
(b) Sue or be sued, including taking any legal actions
necessary or proper to recover any unpaid assessments under
RCW 48.32A.085 and to settle claims or potential claims
against it;
(c) Borrow money to effect the purposes of this chapter;
any notes or other evidence of indebtedness of the association
not in default are legal investments for domestic insurers and
may be carried as admitted assets;
(d) Employ or retain such persons as are necessary or
appropriate to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this chapter;
(e) Take such legal action as may be necessary or appropriate to avoid or recover payment of improper claims;
(f) Exercise, for the purposes of this chapter and to the
extent approved by the commissioner, the powers of a
domestic life or disability insurer, but in no case may the
association issue insurance policies or annuity contracts other
than those issued to perform its obligations under this chapter;
(g) Organize itself as a corporation or in other legal form
permitted by the laws of the state;
(h) Request information from a person seeking coverage
from the association in order to aid the association in determining its obligations under this chapter with respect to the
person, and the person shall promptly comply with the
request; and
(i) Take other necessary or appropriate action to discharge its duties and obligations under this chapter or to exercise its powers under this chapter.
(13) The association may join an organization of one or
more other state associations of similar purposes, to further
the purposes and administer the powers and duties of the
association.
(14)(a) At any time within one year after the coverage
date, which is the date on which the association becomes
responsible for the obligations of a member insurer, the association may elect to succeed to the rights and obligations of
[Title 48 RCW—page 265]
48.32A.075
Title 48 RCW: Insurance
the member insurer, that accrue on or after the coverage date
and that relate to contracts covered, in whole or in part, by the
association, under any one or more indemnity reinsurance
agreements entered into by the member insurer as a ceding
insurer and selected by the association. However, the association may not exercise an election with respect to a reinsurance agreement if the receiver, rehabilitator, or liquidator of
the member insurer has previously and expressly disaffirmed
the reinsurance agreement. The election is effective when
notice is provided to the receiver, rehabilitator, or liquidator
and to the affected reinsurers. If the association makes an
election, the following provisions apply with respect to the
agreements selected by the association:
(i) The association is responsible for all unpaid premiums due under the agreements, for periods both before and
after the coverage date, and is responsible for the performance of all other obligations to be performed after the coverage date, in each case which relate to contracts covered, in
whole or in part, by the association. The association may
charge contracts covered in part by the association, through
reasonable allocation methods, the costs for reinsurance in
excess of the obligations of the association;
(ii) The association is entitled to any amounts payable by
the reinsurer under the agreements with respect to losses or
events that occur in periods after the coverage date and that
relate to contracts covered by the association, in whole or in
part. However, upon receipt of any such amounts, the association is obliged to pay to the beneficiary under the policy or
contract on account of which the amounts were paid a portion
of the amount equal to the excess of: The amount received by
the association, over the benefits paid by the association on
account of the policy or contract, less the retention of the
impaired or insolvent member insurer applicable to the loss
or event;
(iii) Within thirty days following the association’s election, the association and each indemnity reinsurer shall calculate the net balance due to or from the association under each
reinsurance agreement as of the date of the association’s election, giving full credit to all items paid by either the member
insurer, or its receiver, rehabilitator, or liquidator, or the
indemnity reinsurer during the period between the coverage
date and the date of the association’s election. Either the
association or indemnity reinsurer shall pay the net balance
due the other within five days of the completion of this calculation. If the receiver, rehabilitator, or liquidator has received
any amounts due the association pursuant to (a)(ii) of this
subsection, the receiver, rehabilitator, or liquidator shall
remit the same to the association as promptly as practicable;
and
(iv) If the association, within sixty days of the election,
pays the premiums due for periods both before and after the
coverage date that relate to contracts covered by the association, in whole or in part, the reinsurer is not entitled to terminate the reinsurance agreements, insofar as the agreements
relate to contracts covered by the association, in whole or in
part, and is not entitled to set off any unpaid premium due for
periods prior to the coverage date against amounts due the
association;
(b) In the event the association transfers its obligations to
another insurer, and if the association and the other insurer
agree, the other insurer succeeds to the rights and obligations
[Title 48 RCW—page 266]
of the association under (a) of this subsection effective as of
the date agreed upon by the association and the other insurer
and regardless of whether the association has made the election referred to in (a) of this subsection. However:
(i) The indemnity reinsurance agreements automatically
terminate for new reinsurance unless the indemnity reinsurer
and the other insurer agree to the contrary;
(ii) The obligations described in (a)(ii) of this subsection
no longer apply on and after the date the indemnity reinsurance agreement is transferred to the third party insurer; and
(iii) This subsection (14)(b) does not apply if the association has previously expressly determined in writing that it
will not exercise the election referred to in (a) of this subsection;
(c) The provisions of this subsection supersede the provisions of any law of this state or of any affected reinsurance
agreement that provides for or requires any payment of reinsurance proceeds, on account of losses or events that occur in
periods after the coverage date, to the receiver, liquidator, or
rehabilitator of the insolvent member insurer. The receiver,
rehabilitator, or liquidator remains entitled to any amounts
payable by the reinsurer under the reinsurance agreement
with respect to losses or events that occur in periods prior to
the coverage date, subject to applicable setoff provisions; and
(d) Except as set forth under this subsection, this subsection does not alter or modify the terms and conditions of the
indemnity reinsurance agreements of the insolvent member
insurer. This subsection does not abrogate or limit any rights
of any reinsurer to claim that it is entitled to rescind a reinsurance agreement. This subsection does not give a policy owner
or beneficiary an independent cause of action against an
indemnity reinsurer that is not otherwise set forth in the
indemnity reinsurance agreement.
(15) The board of directors of the association has discretion and may exercise reasonable business judgment to determine the means by which the association provides the benefits of this chapter in an economical and efficient manner.
(16) When the association has arranged or offered to provide the benefits of this chapter to a covered person under a
plan or arrangement that fulfills the association’s obligations
under this chapter, the person is not entitled to benefits from
the association in addition to or other than those provided
under the plan or arrangement.
(17) Venue in a suit against the association arising under
this chapter is in the county in which liquidation or rehabilitation proceedings have been filed in the case of a domestic
insurer. In other cases, venue is in King county or Thurston
county. The association is not required to give an appeal bond
in an appeal that relates to a cause of action arising under this
chapter.
(18) In carrying out its duties in connection with guaranteeing, assuming, or reinsuring policies or contracts under
subsection (1) or (2) of this section, the association may, subject to approval of the receivership court, issue substitute
coverage for a policy or contract that provides an interest
rate, crediting rate, or similar factor determined by use of an
index or other external reference stated in the policy or contract employed in calculating returns or changes in value by
issuing an alternative policy or contract in accordance with
the following provisions:
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
(a) In lieu of the index or other external reference provided for in the original policy or contract, the alternative
policy or contract provides for: (i) A fixed interest rate;
(ii) payment of dividends with minimum guarantees; or (iii) a
different method for calculating interest or changes in value;
(b) There is no requirement for evidence of insurability,
waiting period, or other exclusion that would not have
applied under the replaced policy or contract; and
(c) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material
terms. [2001 c 50 § 8.]
48.32A.085 Assessments. (1) For the purpose of providing the funds necessary to carry out the powers and duties
of the association, the board of directors shall assess the
member insurers, separately for each account, at such time
and for such amounts as the board finds necessary. Assessments are due not less than thirty days after prior written
notice to the member insurers and accrue interest at twelve
percent per annum on and after the due date.
(2) There are two classes of assessments, as follows:
(a) Class A assessments are authorized and called for the
purpose of meeting administrative and legal costs and other
expenses. Class A assessments may be authorized and called
whether or not related to a particular impaired or insolvent
insurer; and
(b) Class B assessments are authorized and called to the
extent necessary to carry out the powers and duties of the
association under RCW 48.32A.075 with regard to an
impaired or an insolvent insurer.
(3)(a) The amount of a class A assessment is determined
by the board and may be authorized and called on a pro rata
or nonpro rata basis. If pro rata, the board may provide that it
be credited against future class B assessments. The total of all
nonpro rata assessments may not exceed one hundred fifty
dollars per member insurer in any one calendar year. The
amount of a class B assessment may be allocated for assessment purposes among the accounts pursuant to an allocation
formula which may be based on the premiums or reserves of
the impaired or insolvent insurer or any other standard determined by the board to be fair and reasonable under the circumstances.
(b) Class B assessments against member insurers for
each account and subaccount must be in the proportion that
the premiums received on business in this state by each
assessed member insurer on policies or contracts covered by
each account for the three most recent calendar years for
which information is available preceding the year in which
the insurer became insolvent or, in the case of an assessment
with respect to an impaired insurer, the three most recent calendar years for which information is available preceding the
year in which the insurer became impaired, bears to premiums received on business in this state for those calendar years
by all assessed member insurers.
(c) Assessments for funds to meet the requirements of
the association with respect to an impaired or insolvent
insurer may not be authorized or called until necessary to
implement the purposes of this chapter. Classification of
assessments under subsection (2) of this section and computation of assessments under this subsection must be made
with a reasonable degree of accuracy, recognizing that exact
48.32A.085
(2008 Ed.)
48.32A.085
determinations are not always possible. The association shall
notify each member insurer of its anticipated pro rata share of
an authorized assessment not yet called within one hundred
eighty days after the assessment is authorized.
(4) The association may abate or defer, in whole or in
part, the assessment of a member insurer if, in the opinion of
the board, payment of the assessment would endanger the
ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is
abated, or deferred in whole or in part, the amount by which
the assessment is abated or deferred may be assessed against
the other member insurers in a manner consistent with the
basis for assessments set forth in this section. Once the conditions that caused a deferral have been removed or rectified,
the member insurer shall pay all assessments that were
deferred pursuant to a repayment plan approved by the association.
(5)(a)(i) Subject to the provisions of (a)(ii) of this subsection, the total of all assessments authorized by the association with respect to a member insurer for each subaccount of
the life insurance and annuity account and for the health
account may not in one calendar year exceed two percent of
that member insurer’s average annual premiums received in
this state on the policies and contracts covered by the subaccount or account during the three calendar years preceding
the year in which the insurer became an impaired or insolvent
insurer.
(ii) If two or more assessments are authorized in one calendar year with respect to insurers that become impaired or
insolvent in different calendar years, the average annual premiums for purposes of the aggregate assessment percentage
limitation in (a)(i) of this subsection must be equal and limited to the higher of the three-year average annual premiums
for the applicable subaccount or account as calculated under
this section.
(iii) If the maximum assessment, together with the other
assets of the association in an account, does not provide in
one year in either account an amount sufficient to carry out
the responsibilities of the association, the necessary additional funds must be assessed as soon thereafter as permitted
by this chapter.
(b) The board may provide in the plan of operation a
method of allocating funds among claims, whether relating to
one or more impaired or insolvent insurers, when the maximum assessment is insufficient to cover anticipated claims.
(c) If the maximum assessment for a subaccount of the
life and annuity account in one year does not provide an
amount sufficient to carry out the responsibilities of the association, then under subsection (3)(b) of this section, the board
shall access the other subaccounts of the life and annuity
account for the necessary additional amount, subject to the
maximum stated in (a) of this subsection.
(6) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in
proportion to the contribution of each insurer to that account,
the amount by which the assets of the account exceed the
amount the board finds is necessary to carry out during the
coming year the obligations of the association with regard to
that account, including assets accruing from assignment, subrogation, net realized gains, and income from investments. A
reasonable amount may be retained in any account to provide
[Title 48 RCW—page 267]
48.32A.095
Title 48 RCW: Insurance
funds for the continuing expenses of the association and for
future losses claims.
(7) Any member insurer may when determining its premium rates and policy owner dividends, as to any kind of
insurance within the scope of this chapter, consider the
amount reasonably necessary to meet its assessment obligations under this chapter.
(8) The association shall issue to each insurer paying an
assessment under this chapter, other than a class A assessment, a certificate of contribution, in a form prescribed by the
commissioner, for the amount of the assessment paid. All
outstanding certificates must be of equal dignity and priority
without reference to amounts or dates of issue. A certificate
of contribution may be shown by the insurer in its financial
statement as an asset in such form and for such amount, if
any, and period of time as the commissioner may approve.
(9)(a) A member insurer that wishes to protest all or part
of an assessment shall pay when due the full amount of the
assessment as set forth in the notice provided by the association. The payment is available to meet association obligations
during the pendency of the protest or any subsequent appeal.
Payment must be accompanied by a statement in writing that
the payment is made under protest and setting forth a brief
statement of the grounds for the protest.
(b) Within sixty days following the payment of an
assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association notifies the member insurer that additional time is required to
resolve the issues raised by the protest.
(c) Within thirty days after a final decision has been
made, the association shall notify the protesting member
insurer in writing of that final decision. Within sixty days of
receipt of notice of the final decision, the protesting member
insurer may appeal that final action to the commissioner.
(d) In the alternative to rendering a final decision with
respect to a protest based on a question regarding the assessment base, the association may refer protests to the commissioner for a final decision, with or without a recommendation
from the association.
(e) If the protest or appeal on the assessment is upheld,
the amount paid in error or excess must be returned to the
member company. Interest on a refund due a protesting member must be paid at the rate actually earned by the association.
(10) The association may request information of member
insurers in order to aid in the exercise of its power under this
section and member insurers shall promptly comply with a
request. [2001 c 50 § 9.]
48.32A.095 Plan of operation. (1)(a) The association
shall submit to the commissioner a plan of operation and any
amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The
plan of operation and any amendments are effective upon the
commissioner’s written approval or unless it has not been
disapproved within thirty days.
(b) If the association fails to submit a suitable plan of
operation within one hundred twenty days following July 22,
2001, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall,
after notice and hearing, adopt reasonable rules as necessary
48.32A.095
[Title 48 RCW—page 268]
or advisable to effectuate the provisions of this chapter. The
rules continue in force until modified by the commissioner or
superseded by a plan submitted by the association and
approved by the commissioner.
(2) All member insurers shall comply with the plan of
operation.
(3) The plan of operation must, in addition to requirements enumerated elsewhere in this chapter:
(a) Establish procedures for handling the assets of the
association;
(b) Establish the amount and method of reimbursing
members of the board of directors under RCW 48.32A.065;
(c) Establish regular places and times for meetings
including telephone conference calls of the board of directors;
(d) Establish procedures for records to be kept of all
financial transactions of the association, its agents, and the
board of directors;
(e) Establish the procedures whereby selections for the
board of directors are made and submitted to the commissioner;
(f) Establish any additional procedures for assessments
under RCW 48.32A.085; and
(g) Contain additional provisions necessary or proper for
the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all
powers and duties of the association, except those under
RCW 48.32A.075(12)(c) and 48.32A.085, are delegated to a
corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. Such a corporation, association, or organization must be reimbursed for
any payments made on behalf of the association and must be
paid for its performance of any function of the association. A
delegation under this subsection takes effect only with the
approval of both the board of directors and the commissioner,
and may be made only to a corporation, association, or organization which extends protection not substantially less
favorable and effective than that provided by this chapter.
[2001 c 50 § 10.]
48.32A.105 Duties and powers of the commissioner.
(1) In addition to the duties and powers enumerated elsewhere in this chapter, the commissioner shall:
(a) Upon request of the board of directors, provide the
association with a statement of the premiums in this and other
appropriate states for each member insurer;
(b) When an impairment is declared and the amount of
the impairment is determined, serve a demand upon the
impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer constitutes notice
to its shareholders, if any; the failure of the insurer to
promptly comply with such a demand does not excuse the
association from the performance of its powers and duties
under this chapter; and
(c) In any liquidation or rehabilitation proceeding
involving a domestic insurer, be appointed as the liquidator
or rehabilitator.
(2) In addition to the duties and powers enumerated elsewhere in this chapter, the commissioner may suspend or
revoke, after notice and hearing, the certificate of authority to
48.32A.105
(2008 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
transact insurance in this state of any member insurer which
fails to pay an assessment when due or fails to comply with
the plan of operation. As an alternative the commissioner
may levy a forfeiture on any member insurer that fails to pay
an assessment when due. The forfeiture may not exceed five
percent of the unpaid assessment per month, but no forfeiture
may be less than one hundred dollars per month.
(3) A final action by the board of directors of the association may be appealed to the commissioner by a member
insurer if the appeal is taken within sixty days of the member
insurer’s receipt of notice of the final action being appealed.
A final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction in accordance
with the laws of this state that apply to the actions or orders
of the commissioner.
(4) The liquidator, rehabilitator, or conservator of an
impaired insurer may notify all interested persons of the
effect of this chapter. [2001 c 50 § 11.]
48.32A.115 Prevention of insolvencies. The commissioner shall aid in the detection and prevention of insurer
insolvencies or impairments.
(1) It is the duty of the commissioner to:
(a) Notify the commissioners of all the other states, territories of the United States, and the District of Columbia
within thirty days following the action taken or the date the
action occurs, when the commissioner takes any of the following actions against a member insurer:
(i) Revocation of license;
(ii) Suspension of license; or
(iii) Makes a formal order that the company restrict its
premium writing, obtain additional contributions to surplus,
withdraw from the state, reinsure all or any part of its business, or increase capital, surplus, or any other account for the
security of policy owners or creditors;
(b) Report to the board of directors when the commissioner has taken any of the actions set forth in (a) of this subsection or has received a report from any other commissioner
indicating that any such action has been taken in another
state. The report to the board of directors must contain all significant details of the action taken or the report received from
another commissioner;
(c) Report to the board of directors when the commissioner has reasonable cause to believe from an examination,
whether completed or in process, of any member insurer that
the insurer may be an impaired or insolvent insurer; and
(d) Furnish to the board of directors the national association of insurance commissioners insurance regulatory information system ratios and listings of companies not included
in the ratios developed by the national association of insurance commissioners, and the board may use the information
contained therein in carrying out its duties and responsibilities under this section. The report and the information must
be kept confidential by the board of directors until such time
as made public by the commissioner or other lawful authority.
(2) The commissioner may seek the advice and recommendations of the board of directors concerning any matter
affecting the duties and responsibilities of the commissioner
regarding the financial condition of member insurers and
48.32A.115
(2008 Ed.)
48.32A.135
companies seeking admission to transact insurance business
in this state.
(3) The board of directors may, upon majority vote,
make reports and recommendations to the commissioner
upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer or germane
to the solvency of any company seeking to do an insurance
business in this state. The reports and recommendations are
not public documents.
(4) The board of directors may, upon majority vote,
notify the commissioner of any information indicating a
member insurer may be an impaired or insolvent insurer.
(5) The board of directors may, upon majority vote,
make recommendations to the commissioner for the detection
and prevention of insurer insolvencies. [2001 c 50 § 12.]
48.32A.125 Credits for assessments paid—Tax offsets. (1) A member insurer may offset against its premium
tax liability to this state an assessment described in RCW
48.32A.085(8) to the extent of twenty percent of the amount
of the assessment for each of the five calendar years following the year in which the assessment was paid. In the event a
member insurer ceases doing business, all uncredited assessments may be credited against its premium tax liability for
the year it ceases doing business.
(2) Any sums that are acquired by refund, under RCW
48.32A.085(6), from the association by member insurers, and
that have been offset against premium taxes as provided in
subsection (1) of this section, must be paid by the insurers to
the commissioner and then deposited with the state treasurer
for credit to the general fund of the state of Washington. The
association shall notify the commissioner that refunds have
been made. [2001 c 50 § 13.]
48.32A.125
48.32A.135 Miscellaneous provisions. (1) This chapter does not reduce the liability for unpaid assessments of the
insureds of an impaired or insolvent insurer operating under a
plan with assessment liability.
(2) Records must be kept of all meetings of the board of
directors to discuss the activities of the association in carrying out its powers and duties under RCW 48.32A.075. The
records of the association with respect to an impaired or
insolvent insurer may not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, upon the termination of the impairment or insolvency of the insurer, or
upon the order of a court of competent jurisdiction. This subsection does not limit the duty of the association to render a
report of its activities under RCW 48.32A.145.
(3) For the purpose of carrying out its obligations under
this chapter, the association is a creditor of the impaired or
insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee under RCW 48.32A.075(11).
Assets of the impaired or insolvent insurer attributable to
covered policies must be used to continue all covered policies
and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter. Assets attributable to
covered policies, as used in this subsection, are that proportion of the assets which the reserves that should have been
48.32A.135
[Title 48 RCW—page 269]
48.32A.145
Title 48 RCW: Insurance
established for such policies bear to the reserves that should
have been established for all policies of insurance written by
the impaired or insolvent insurer.
(4) As a creditor of the impaired or insolvent insurer as
established in subsection (3) of this section, the association
and other similar associations are entitled to receive a disbursement of assets out of the marshaled assets, from time to
time as the assets become available to reimburse it, as a credit
against contractual obligations under this chapter. If the liquidator has not, within one hundred twenty days of a final
determination of insolvency of an insurer by the receivership
court, made an application to the court for the approval of a
proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association is entitled to make application to
the receivership court for approval of its own proposal to disburse these assets.
(5)(a) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into
consideration the contributions of the respective parties,
including the association, the shareholders, and the policy
owners of the insolvent insurer, and any other party with a
bona fide interest, in making an equitable distribution of the
ownership rights of the insolvent insurer. In such a determination, consideration must be given to the welfare of the policy owners of the continuing or successor insurer.
(b) A distribution to stockholders, if any, of an impaired
or insolvent insurer shall not be made until and unless the
total amount of valid claims of the association with interest
thereon for funds expended in carrying out its powers and
duties under RCW 48.32A.075 with respect to the insurer
have been fully recovered by the association.
(6)(a) If an order for liquidation or rehabilitation of an
insurer domiciled in this state has been entered, the receiver
appointed under the order has a right to recover on behalf of
the insurer, from any affiliate that controlled it, the amount of
distributions, other than stock dividends paid by the insurer
on its capital stock, made at any time during the five years
preceding the petition for liquidation or rehabilitation subject
to the limitations of (b) through (d) of this subsection.
(b) A distribution is not recoverable if the insurer shows
that when paid the distribution was lawful and reasonable,
and that the insurer did not know and could not reasonably
have known that the distribution might adversely affect the
ability of the insurer to fulfill its contractual obligations.
(c) Any person who was an affiliate that controlled the
insurer at the time the distributions were paid is liable up to
the amount of distributions received. Any person who was an
affiliate that controlled the insurer at the time the distributions were declared, is liable up to the amount of distributions
which would have been received if they had been paid immediately. If two or more persons are liable with respect to the
same distributions, they are jointly and severally liable.
(d) The maximum amount recoverable under this subsection is the amount needed in excess of all other available
assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer.
(e) If any person liable under (c) of this subsection is
insolvent, all its affiliates that controlled it at the time the distribution was paid are jointly and severally liable for any
[Title 48 RCW—page 270]
resulting deficiency in the amount recovered from the insolvent affiliate. [2001 c 50 § 14.]
48.32A.145
48.32A.145 Examination of the association—Annual
report. The association is subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than one hundred
eighty days after the association’s fiscal year, a financial
report in a form approved by the commissioner and a report
of its activities during the preceding fiscal year. Upon the
request of a member insurer, the association shall provide the
member insurer with a copy of the report. [2001 c 50 § 15.]
48.32A.155
48.32A.155 Tax exemptions. The association is
exempt from payment of all fees and all taxes levied by this
state or any of its subdivisions, except taxes levied on real
property. [2001 c 50 § 16.]
48.32A.165
48.32A.165 Immunity. There is no liability on the part
of and no cause of action of any nature may arise against any
member insurer or its agents or employees, the association or
its agents or employees, members of the board of directors, or
the commissioner or the commissioner’s representatives, for
any action or omission by them in the performance of their
powers and duties under this chapter. Immunity extends to
the participation in any organization of one or more other
state associations of similar purposes and to any such organization and its agents or employees. [2001 c 50 § 17.]
48.32A.175
48.32A.175 Stay of proceedings—Reopening default
judgments. All proceedings in which the insolvent insurer is
a party in any court in this state are stayed sixty days from the
date an order of liquidation, rehabilitation, or conservation is
final to permit proper legal action by the association on any
matters germane to its powers or duties. As to judgment
under any decision, order, verdict, or finding based on default
the association may apply to have such a judgment set aside
by the same court that made such a judgment and must be
permitted to defend against the suit on the merits. [2001 c 50
§ 18.]
48.32A.185
48.32A.185 Prohibited advertisement of insurance
guaranty association act in insurance sales—Notice to
policy owners. (1) No person, including an insurer, agent, or
affiliate of an insurer may make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly,
to be made, published, disseminated, circulated, or placed
before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter,
or poster, or over any radio station or television station, or in
any other way, any advertisement, announcement, or statement, written or oral, which uses the existence of the insurance guaranty association of this state for the purpose of
sales, solicitation, or inducement to purchase any form of
insurance covered by the Washington life and disability
insurance guaranty association act. However, this section
does not apply to the Washington life and disability insurance
guaranty association or any other entity which does not sell or
solicit insurance.
(2008 Ed.)
Credit Life Insurance and Credit Accident and Health Insurance
(2) Within one hundred eighty days after July 22, 2001,
the association shall prepare a summary document describing
the general purposes and current limitations of this chapter
and complying with subsection (3) of this section. This document must be submitted to the commissioner for approval.
The document must also be available upon request by a policy owner. The distribution, delivery, contents, or interpretation of this document does not guarantee that either the policy
or the contract or the owner of the policy or contract is covered in the event of the impairment or insolvency of a member insurer. The description document must be revised by the
association as amendments to this chapter may require. Failure to receive this document does not give the policy owner,
contract owner, certificate holder, or insured any greater
rights than those stated in this chapter.
(3) The document prepared under subsection (2) of this
section must contain a clear and conspicuous disclaimer on
its face. The commissioner shall establish the form and content of the disclaimer. The disclaimer must:
(a) State the name and address of the life and disability
insurance guaranty association and insurance department;
(b) Prominently warn the policy or contract owner that
the life and disability insurance guaranty association may not
cover the policy or, if coverage is available, it is subject to
substantial limitations and exclusions and conditioned on
continued residence in this state;
(c) State the types of policies for which guaranty funds
provide coverage;
(d) State that the insurer and its agents are prohibited by
law from using the existence of the life and disability insurance guaranty association for the purpose of sales, solicitation, or inducement to purchase any form of insurance;
(e) State that the policy or contract owner should not rely
on coverage under the life and disability insurance guaranty
association when selecting an insurer;
(f) Explain rights available and procedures for filing a
complaint to allege a violation of any provisions of this chapter; and
(g) Provide other information as directed by the commissioner including but not limited to, sources for information
about the financial condition of insurers provided that the
information is not proprietary and is subject to disclosure
under chapter 42.56 RCW.
(4) A member insurer must retain evidence of compliance with subsection (2) of this section for as long as the policy or contract for which the notice is given remains in effect.
[2005 c 274 § 313; 2001 c 50 § 19.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.32A.901 Prospective application—Savings—2001
c 50. (1) This chapter does not apply to any impaired insurer
that was under an order of rehabilitation or conservation, or
to any insolvent insurer that was placed under an order of liquidation, prior to July 22, 2001.
(2) Any section repealed in this act pertaining to the
powers and obligations of the association, reinsurance and
guaranty of policies, assessments, and premium tax offsets
shall apply to impaired insurers placed under an order of
rehabilitation or conservation, and to insolvent insurers
48.32A.901
(2008 Ed.)
48.34.030
placed under an order of liquidation, prior to July 22, 2001.
[2001 c 50 § 20.]
48.32A.902 Captions not law—2001 c 50. Captions
used in this act are not any part of the law. [2001 c 50 § 21.]
48.32A.902
Chapter 48.34 RCW
CREDIT LIFE INSURANCE AND CREDIT
ACCIDENT AND HEALTH INSURANCE
Chapter 48.34
Sections
48.34.010
48.34.020
48.34.030
48.34.040
48.34.050
48.34.060
48.34.070
48.34.080
48.34.090
48.34.100
48.34.110
48.34.120
48.34.900
Declaration of purpose—Liberal construction.
Chapter part of insurance code—What insurance subject to
chapter.
Definitions.
Authorized forms.
Life—Limitation on amount under individual policy.
Life—Limitation on amount repayable under group policy.
Accident and health—Limitation on amount.
Commencement, termination date of term.
Policy or certificate—Contents—Delivery, copy of application or notice in lieu—Substitute insurer, premium, etc., on
rejection.
Filing policies, notices, riders, etc.—Approval by commissioner—Preexisting policies—Forms.
Refunds—Credits—Charges to debtor.
Debtor’s right to furnish and obtain own insurance.
Severability—1961 c 219.
48.34.010 Declaration of purpose—Liberal construction. The purpose of this chapter is to promote the public
welfare by regulating credit life insurance and credit accident
and health insurance. Nothing in this chapter is intended to
prohibit or discourage reasonable competition. The provisions of this chapter shall be liberally construed. [1961 c 219
§ 1.]
48.34.010
48.34.020 Chapter part of insurance code—What
insurance subject to chapter. (1) This chapter is a part of
the insurance code.
(2) All life insurance and all accident and health insurance in connection with loans or other credit transactions
shall be subject to the provisions of this chapter, except such
insurance under an individual policy in connection with a
loan or other credit transaction of more than ten years duration. Insurance shall not be subject to the provisions of this
chapter where its issuance is an isolated transaction on the
part of the insurer not related to an agreement or a plan for
insuring debtors of the creditor. [1969 ex.s. c 241 § 14; 1961
c 219 § 2.]
48.34.020
48.34.030 Definitions. For the purpose of this chapter:
(1) "Credit life insurance" means insurance on the life of a
debtor pursuant to or in connection with a specific loan or
other credit transaction;
(2) "Credit accident and health insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the
debtor is disabled as defined in the policy;
(3) "Creditor" means the lender of money or vendor or
lessor of goods, services, properties, rights, or privileges, for
which payment is arranged through a credit transaction, or
any successor to the right, title, or interest of any such lender,
vendor, or lessor, and an affiliate, associate, or subsidiary of
48.34.030
[Title 48 RCW—page 271]
48.34.040
Title 48 RCW: Insurance
any of them or a director, officer, or employee of any of them
or any other person in any way associated with any of them;
(4) "Debtor" means a borrower of money or a purchaser
or lessee of goods, services, properties, rights, or privileges
for which payment is arranged through a credit transaction;
(5) "Indebtedness" means the total amount payable by a
debtor to a creditor in connection with the loan or other credit
transaction. [1961 c 219 § 3.]
48.34.040 Authorized forms. Credit life insurance and
credit accident and health insurance shall be issued only in
the following forms:
(1) Individual policies of life insurance issued to debtors
on the term plan;
(2) Individual policies of accident and health insurance
issued to debtors on a term plan, or disability benefit provisions in individual policies of credit life insurance;
(3) Group policies of life insurance issued to creditors
providing insurance upon the lives of debtors on the term
plan;
(4) Group policies of accident and health insurance
issued to creditors on a term plan insuring debtors, or disability benefit provisions in group credit life insurance policies to
provide such coverage. [1961 c 219 § 4.]
48.34.040
48.34.050 Life—Limitation on amount under individual policy. The initial amount of credit life insurance
under an individual policy shall not exceed the total amount
repayable under the contract of indebtedness. Where an
indebtedness is repayable in substantially equal installments,
the amount of insurance shall at no time exceed the scheduled
or actual amount of unpaid indebtedness, whichever is
greater. [1961 c 219 § 5.]
48.34.050
48.34.060 Life—Limitation on amount repayable
under group policy. The initial amount of credit life insurance under a group policy shall at no time exceed the amount
owed by the debtor which is repayable in installments to the
creditor. [1987 c 130 § 1; 1983 1st ex.s. c 32 § 23; 1977 c 61
§ 2; 1967 ex.s. c 82 § 1; 1961 c 219 § 6.]
48.34.060
48.34.070 Accident and health—Limitation on
amount. The total amount of periodic indemnity payable by
credit accident and health insurance in the event of disability,
as defined in the policy, shall not exceed the aggregate of the
periodic scheduled unpaid installments of the indebtedness;
and the amount of such periodic indemnity payment shall not
exceed the original indebtedness divided by the number of
periodic installments. [1961 c 219 § 7.]
48.34.070
48.34.080 Commencement, termination date of term.
The term of any credit life insurance or credit accident and
health insurance shall, subject to acceptance by the insurer,
commence on the date when the debtor becomes obligated to
the creditor: PROVIDED, That, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of
insurability is required and such evidence is furnished more
than thirty days after the date when the debtor becomes obli48.34.080
[Title 48 RCW—page 272]
gated to the creditor, the term of the insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there
shall be an appropriate refund or adjustment of any charge to
the debtor for insurance. The term of such insurance shall not
extend more than fifteen days beyond the scheduled maturity
date of indebtedness, except when extended without additional cost to the debtor. If the indebtedness is discharged due
to renewal or refinancing prior to the scheduled maturity
date, the insurance in force shall be terminated before any
new insurance may be issued in connection with renewed or
refinanced indebtedness. In all cases of termination prior to
scheduled maturity, a refund shall be paid or credited as provided in RCW 48.34.110. [1961 c 219 § 8.]
48.34.090 Policy or certificate—Contents—Delivery,
copy of application or notice in lieu—Substitute insurer,
premium, etc., on rejection. (1) All credit life insurance and
credit accident and health insurance shall be evidenced by an
individual policy, or in the case of group insurance by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor.
(2) Each individual policy or group certificate of credit
life insurance, and/or credit accident and health insurance
shall, in addition to other requirements of law, set forth the
name and home office address of the insurer, the name or
names of the debtor or in the case of a certificate under a
group policy, the identity by name or otherwise of the debtor,
the premium or amount of payment, if any, by the debtor separately for credit life insurance and credit accident and health
insurance, a description of the coverage including the amount
and term thereof, and any exceptions, limitations and restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and,
wherever the amount of insurance exceeds the unpaid indebtedness, that any such excess shall be payable to a beneficiary,
other than the creditor, named by the debtor or to the debtor’s
estate. With respect to any policy issued after September 8,
1975, credit life insurance shall not be subject to any exceptions or reductions other than for fraud, or for suicide occurring within two years of the effective date of the insurance.
(3) The individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the
indebtedness is incurred except as provided in subsections (4)
and (5).
(4) If such individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a
notice of proposed insurance, signed by the debtor and setting
forth the name and home office address of the insurer; the
name or names of the debtor; the premium or amount of payment by the debtor, if any, separately for credit life insurance
and credit accident and health insurance; the amount, term
and a brief description of the coverage provided, shall be
delivered to the debtor at the time such indebtedness is
incurred. The copy of the application for, or notice of proposed insurance, shall also refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale or
other credit statement of account, instrument, or agreement,
or the application for any such loan, sale or credit, unless the
information required by this subsection is prominently set
48.34.090
(2008 Ed.)
Alien Insurers
forth therein under a descriptive heading which shall be
underlined and printed in capital letters. Upon acceptance of
the insurance by the insurer and within thirty days of the date
upon which the indebtedness is incurred, the insurer shall
cause the individual policy or group certificate of insurance
to be delivered to the debtor. The application or notice of proposed insurance shall state that upon acceptance by the
insurer, the insurance shall become effective as provided in
RCW 48.34.080.
(5) If the named insurer does not accept the risk, then the
debtor shall receive a policy or certificate of insurance setting
forth the name and home office address of the substituted
insurer and the amount of the premium to be charged, and if
the amount of premium is less than that set forth in the notice
of proposed insurance an appropriate refund shall be made.
[1975 1st ex.s. c 266 § 13; 1961 c 219 § 9.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.34.100 Filing policies, notices, riders, etc.—
Approval by commissioner—Preexisting policies—
Forms. (1) All policies, certificates of insurance, notices of
proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state
and the schedules of premium rates pertaining thereto shall
be filed with the commissioner.
(2) No such policies, certificates of insurance, notices of
proposed insurance, applications for insurance, endorsements, or riders shall be used in this state until approved by
the commissioner pursuant to RCW 48.18.100 and RCW
48.18.110. In addition to any grounds for disapproval provided therein, the form shall be disapproved both as to credit
life and credit accident and health insurance if the benefits
provided therein are not reasonable in relation to the premium charged.
(3) If a group policy of credit life insurance or credit
accident and health insurance has been delivered in this state
before midnight, June 7, 1961, on the first anniversary date
following such time the terms of the policy as they apply to
persons newly insured thereafter shall be rewritten to conform with the provisions of this chapter.
(4) If a group policy has been or is delivered in another
state before or after August 11, 1969, the forms to be filed by
the insurer with the commissioner are the group certificates
and notices of proposed insurance delivered or issued for
delivery in this state. He shall approve them if:
(a) They provide the information that would be required
if the group policy was delivered in this state; and
(b) The applicable premium rates or charges do not
exceed those established by his rules or regulations. [1969
ex.s. c 241 § 15; 1961 c 219 § 10.]
48.34.100
48.35.020
(2) If a creditor requires a debtor to make any payment
for credit life insurance or credit accident and health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written
notice to such debtor and shall promptly make an appropriate
credit to the account.
(3) The amount charged to a debtor for any credit life or
credit accident and health insurance shall not exceed the premiums charged by the insurer, as computed at the time the
charge to the debtor is determined. [1961 c 219 § 11.]
48.34.120 Debtor’s right to furnish and obtain own
insurance. When the credit life insurance or credit accident
and health insurance is required in connection with any credit
transaction, the debtor shall, upon request to the creditor,
have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required
coverage through any insurer authorized to transact an insurance business within this state. [1961 c 219 § 12.]
48.34.120
48.34.900 Severability—1961 c 219. If any provision
of this chapter, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder
of the chapter and the application of such provision to any
person or circumstance other than those as to which it is held
invalid, shall not be affected thereby. [1961 c 219 § 13.]
48.34.900
Chapter 48.35
Chapter 48.35 RCW
ALIEN INSURERS
Sections
48.35.010
48.35.020
48.35.030
48.35.040
48.35.050
48.35.060
48.35.070
48.35.080
48.35.090
48.35.100
48.35.110
48.35.120
48.35.130
48.35.140
48.35.150
48.35.160
48.35.170
48.35.180
48.35.190
48.35.200
Application—Definition.
Deposit required—Amount.
Deposit required—Duration.
Trusts created before May 17, 1991.
Alien insurer—State authorization required.
Trusteed assets—Creation—Commissioner’s approval of trust
agreement.
Trust agreement—Amendment.
Trust agreement—Withdrawal of commissioner’s approval.
Trust agreement—Vesting of trusteed assets.
Trusteed assets—Trustee’s records.
Trusteed assets—Trustee’s statements—Commissioner’s
approval.
Trusteed assets—Examination—Commissioner’s approval of
assignment or transfer.
Trusteed assets—Commissioner’s approval of withdrawals.
Trusteed assets—Substitution of trustee.
Trusteed assets—Compensation and expenses of trustees.
United States manager—Mexican or Canadian insurers.
Domestication of alien insurer—Commissioner’s approval.
Domestication agreement—Necessary authorization.
Domestication agreement—Commissioner’s approval of corporate proceedings.
Domestication—When effective—Deposits—Transfer of
assets.
48.35.010 Application—Definition. This chapter
applies to all alien insurers using this state as a state of entry
to transact insurance in the United States.
For the purposes of this chapter, "alien insurer" has the
definition supplied in RCW 48.05.010. [1991 c 268 § 1.]
48.35.010
48.34.110 Refunds—Credits—Charges to debtor.
(1) Each individual policy, or group certificate shall provide
that in the event of termination of the insurance prior to the
scheduled maturity date of the indebtedness, any refund of an
amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto. The formula to be
used in computing such refund shall be filed with and
approved by the commissioner.
48.34.110
(2008 Ed.)
48.35.020 Deposit required—Amount. (1) An alien
insurer may use this state as a state of entry to transact insurance in the United States by maintaining in this state a deposit
48.35.020
[Title 48 RCW—page 273]
48.35.030
Title 48 RCW: Insurance
of assets in a solvent trust company or other solvent financial
institution having trust powers domiciled in this state and so
designated by the commissioner. The commissioner’s designated depositories are authorized to receive and hold a
deposit of assets. A deposit so held is at the expense of the
insurer. A solvent financial institution domiciled in this state,
the deposits of which are insured by the federal deposit insurance corporation and which is a member of the federal
reserve system, may be designated as the commissioner’s
depository to receive and hold a deposit of assets.
(2) The deposit, together with other trust deposits of the
insurer held in the United States for the same purpose, must
be in an amount not less than the higher of deposits required
of an alien insurer under RCW 48.05.090 or five hundred
thousand dollars and consist of eligible assets as set forth in
RCW 48.16.030.
(3) The deposit may be referred to as "trusteed assets."
[1991 c 268 § 2.]
48.35.030 Deposit required—Duration. The deposit
required by this chapter must be for the benefit, security, and
protection of the policyholders or creditors, or both, of the
insurer in the United States. It shall be maintained as long as
there is outstanding any liability of the insurer arising out of
its insurance transactions in the United States. [1991 c 268 §
4.]
48.35.030
48.35.040 Trusts created before May 17, 1991. All
trusts of trusteed assets created before May 17, 1991, must be
continued under the instruments creating those trusts. If the
commissioner determines that the instruments are inconsistent with the provisions of this chapter, the insurer shall correct those inconsistencies within six months of the commissioner’s determination. [1991 c 268 § 3.]
48.35.040
48.35.050 Alien insurer—State authorization
required. An alien insurer proposing to use this state as a
state of entry to transact insurance in the United States, must
be authorized to transact insurance in this state and may make
and execute any trust agreement required by this chapter.
[1991 c 268 § 6.]
48.35.050
48.35.060 Trusteed assets—Creation—Commissioner’s approval of trust agreement. (1) The alien insurer
shall create the trusteed assets required by this chapter under
a written trust agreement between the insurer and the trustee,
consistent with the provisions of this chapter, and in such
form and manner as the commissioner may designate or
approve.
(2) The agreement is effective when filed with and
approved in writing by the commissioner. The commissioner
shall not approve any trust agreement not found to be in compliance with state or federal law or the terms of which do not
in fact provide reasonably adequate protection for the
insurer’s policyholders or creditors, or both, in the United
States. [1991 c 268 § 5.]
48.35.060
48.35.070 Trust agreement—Amendment. A trust
agreement may be amended. However, the amendment is not
effective until filed with the commissioner and the commis48.35.070
[Title 48 RCW—page 274]
sioner finds and states in writing that the amendment is in
compliance with this chapter. [1991 c 268 § 7.]
48.35.080 Trust agreement—Withdrawal of commissioner’s approval. The commissioner may withdraw his or
her approval of a trust agreement, or of an amendment to the
agreement, if the commissioner determines that the requisites
for the approval no longer exist. The determination shall be
made after notice and a hearing as provided in chapter 48.04
RCW. [1991 c 268 § 8.]
48.35.080
48.35.090 Trust agreement—Vesting of trusteed
assets. The trust agreement must provide that title to the
trusteed assets vests and remains vested in the trustees and
their successors for the purposes of the trust deposit. [1991 c
268 § 9.]
48.35.090
48.35.100 Trusteed assets—Trustee’s records. The
trustee shall keep the trusteed assets separate from other
assets and shall maintain a record sufficient to identify the
trusteed assets at all times. [1991 c 268 § 10.]
48.35.100
48.35.110 Trusteed assets—Trustee’s statements—
Commissioner’s approval. (1) The trustee of trusteed assets
shall file statements with the commissioner, in a form
required by the commissioner, certifying the character and
amount of the assets.
(2) If the trustee fails to file a requested statement after a
reasonable time has expired, the commissioner may suspend
or revoke the certificate of authority of the insurer required
under RCW 48.05.030. [1991 c 268 § 11.]
48.35.110
48.35.120 Trusteed assets—Examination—Commissioner’s approval of assignment or transfer. (1) The commissioner may examine trusteed assets of any insurer at any
time in accordance with the same conditions and procedures
governing the examination of insurers provided in chapter
48.03 RCW.
(2) The depositing insurer shall not assign or transfer,
voluntarily, involuntarily, or by operation of law, all or a part
of its interest in the trusteed assets without the prior written
approval of the commissioner, and a transfer or assignment
occurring without approval is void. The assignee or transferee of the trusteed assets shall irrevocably and automatically assume all of the obligations and liabilities of the
assignor or transferor. [1991 c 268 § 12.]
48.35.120
48.35.130 Trusteed assets—Commissioner’s
approval of withdrawals. (1) The trust agreement must provide that the commissioner shall authorize and approve in
writing all withdrawals of trusteed assets in advance except
as follows:
(a) Any or all income, earnings, dividends, or interest
accumulations of the trusteed assets may be paid over to the
United States manager of the insurer upon request of the
insurer or the manager;
(b) Withdrawals coincident with substitutions of securities or assets that are at least equal in value to those being
withdrawn, if the substituted securities or assets would be eligible for investment by domestic insurers, and the insurer’s
48.35.130
(2008 Ed.)
Alien Insurers
United States manager requests the withdrawal in writing
under a general or specific written authority previously given
or delegated by the insurer’s board of directors, or other similar governing body, and a copy of such authority has been
filed with the trustee;
(c) For the purpose of making deposits required by
another state in which the insurer is, or becomes, an authorized insurer and for the protection of the insurer’s policyholders or creditors, or both, in the state or United States, if
the withdrawal does not reduce the insurer’s deposit in this
state to an amount less than the minimum deposit required.
The trustee shall transfer any assets withdrawn and in the
amount required to be deposited in the other state, directly to
the depositary required to receive the deposit as certified in
writing by the public official having supervision of insurance
in that state; and
(d) For the purpose of transferring the trusteed assets to
an official liquidator, conservator, or rehabilitator under an
order of a court of competent jurisdiction.
(2) The commissioner shall authorize a withdrawal of
only those assets that are in excess of the amount of assets
required to be held in trust, or as may otherwise be consistent
with the provisions of this chapter.
(3) If at any time the insurer becomes insolvent or if its
assets held in the United States are less than required as determined by the commissioner, the commissioner shall order in
writing the trustee to suspend the withdrawal of assets until a
further order of the commissioner releasing the assets. [1991
c 268 § 13.]
48.35.140 Trusteed assets—Substitution of trustee.
A new trustee may be substituted for the original trustee of
trusteed assets in the event of a vacancy or for other proper
cause. Any such substitution is subject to the commissioner’s
approval. [1991 c 268 § 14.]
48.35.140
48.35.150 Trusteed assets—Compensation and
expenses of trustees. The insurer shall provide for the compensation and expenses of the trustees of assets of an alien
insurer under this chapter in an amount, or on a basis, as
agreed upon by the insurer and the trustees in the trust agreement, subject to the prior approval of the commissioner.
[1991 c 268 § 15.]
48.35.150
48.35.160 United States manager—Mexican or
Canadian insurers. The provisions of this chapter applicable to a United States manager shall, in the case of insurers
domiciled in Mexico or Canada, be deemed to refer to the
president, vice president, secretary, or treasurer of the Mexican or Canadian insurer. [1991 c 268 § 16.]
48.35.160
48.35.170 Domestication of alien insurer—Commissioner’s approval. (1) Upon compliance with this chapter,
an alien insurer authorized to do business in this state may,
with the prior written approval of the commissioner, domesticate its United States branch by entering into an agreement
in writing with a domestic insurer providing for the acquisition by the domestic insurer of all of the assets and the
assumption of all of the liabilities of the United States branch.
48.35.170
(2008 Ed.)
48.35.200
(2) The acquisition of assets and assumption of liabilities
of the United States branch by the domestic insurer is
effected by filing with the commissioner an instrument or
instruments of transfer and assumption in form satisfactory to
the commissioner and executed by the alien insurer and the
domestic insurer. [1991 c 268 § 17.]
48.35.180 Domestication agreement—Necessary
authorization. (1) The domestication agreement shall be
authorized, adopted, approved, signed, and acknowledged by
the alien insurer in accordance with the laws of the country
under which it is organized.
(2) In the case of a domestic insurer, the domestication
agreement shall be approved, adopted, and authorized by its
board of directors and executed by its president or a vice
president and attested by its secretary or assistant secretary
under its corporate seal. [1991 c 268 § 18.]
48.35.180
48.35.190 Domestication agreement—Commissioner’s approval of corporate proceedings. An executed
counterpart of the domestication agreement, together with
certified copies of the corporate proceedings of the domestic
insurer and the alien insurer, approving, adopting, and authorizing the execution of the domestication agreement, shall be
submitted to the commissioner for approval. The commissioner shall thereupon consider the agreement, and, if the
commissioner finds that the same is in accordance with the
provisions hereof and that the interests of the policyholders
of the United States branch of the alien insurer and of the
domestic insurer are not materially adversely affected, the
commissioner shall approve the domestication agreement
and authorize the consummation thereof. [1991 c 268 § 19.]
48.35.190
48.35.200 Domestication—When effective—Deposits—Transfer of assets. (1) Upon the filing with the commissioner of a certified copy of the instrument of transfer and
assumption pursuant to which a domestic company succeeds
to the business and assets of the United States branch of an
alien insurer and assumes all its liabilities, the domestication
of the United States branch is deemed effective; and all the
rights, franchises, and interests of the United States branch in
and to every species of property and things, in actions thereunder belonging, are deemed as transferred to and vested in
the domestic insurer, and simultaneously the domestic
insurer is deemed to have assumed all of the liabilities of the
United States branch. The domestic insurer is considered as
having the age as the oldest of the two parties to the domestication agreement for purposes of laws relating to age of company.
(2) All deposits of the United States branch held by the
commissioner, or by state officers, or other state regulatory
agencies pursuant to requirements of state laws, are deemed
to be held as security for the satisfaction by the domestic
insurer of all liabilities to policyholders within the United
States assumed from the United States branch; and the deposits are deemed to be assets of the domestic insurer and are
reported as such in the annual financial statements and other
reports that the domestic insurer may be required to file.
Upon the ultimate release by a state officer or agency of a
deposit, the securities and cash constituting the released
48.35.200
[Title 48 RCW—page 275]
Chapter 48.36A
Title 48 RCW: Insurance
deposit is delivered and paid over to the domestic insurer as
the lawful successor in interest to the United States branch.
(3) Contemporaneously with the consummation of the
domestication of the United States branch, the commissioner
shall direct the trustee, if any, of the United States branch’s
trusteed assets, as set forth in RCW 48.35.020, to transfer and
deliver to the domestic insurer all assets, if any, held by such
trustee. [1991 c 268 § 20.]
48.36A.370(1)(b) whether incorporated or not, conducted
solely for the benefit of its members and their beneficiaries
and not for profit, operated on a lodge system with ritualistic
form of work, having a representative form of government,
and which provides benefits in accordance with this chapter,
is hereby declared to be a fraternal benefit society. [1987 c
366 § 1.]
48.36A.020
Chapter 48.36A
Chapter 48.36A RCW
FRATERNAL BENEFIT SOCIETIES
Sections
48.36A.010
48.36A.020
48.36A.030
48.36A.040
48.36A.050
48.36A.060
48.36A.070
48.36A.080
48.36A.090
48.36A.100
48.36A.110
48.36A.120
48.36A.130
48.36A.140
48.36A.150
48.36A.160
48.36A.170
48.36A.180
48.36A.190
48.36A.200
48.36A.210
48.36A.220
48.36A.230
48.36A.240
48.36A.250
48.36A.260
48.36A.263
48.36A.270
48.36A.272
48.36A.274
48.36A.276
48.36A.278
48.36A.280
48.36A.282
48.36A.284
48.36A.286
48.36A.290
48.36A.310
48.36A.320
48.36A.330
48.36A.340
48.36A.350
48.36A.360
48.36A.370
48.36A.380
48.36A.390
48.36A.400
48.36A.410
48.36A.900
48.36A.901
Fraternal benefit society defined.
Lodge system—Lodges for children.
Representative form of government.
Definitions.
Beneficial operations—Laws and rules.
Membership classes, rights, grievances.
Location of office and meetings—Official publications,
annual statement.
Immunity of officers—Indemnification of person responsible—Insurance for liability.
Nonwaiver provisions.
Formation of domestic society—Procedures and requirements.
Amendment of society’s laws.
Not-for-profit institutions authorized—Funeral homes prohibited.
Reinsurance.
Consolidation and merger.
Conversion to mutual life insurance company.
Contractual benefits.
Designation of beneficiary—Funeral benefits.
Protection of benefits.
Benefit certificates—Impaired reserves.
Paid-up nonforfeiture benefits and cash surrender values.
Authorized investments.
Assets—Investment and disbursement.
Chapter exclusive.
Funds tax exempt, exception.
Valuation standards—Reserves.
Annual financial statement.
Filing of financial statements.
Licenses and renewals—Fees—Existing societies.
Notice of intent to suspend, revoke, or refuse to renew a
license.
Duration of suspension.
Reauthorization of license.
Notice to agents of loss of authority.
Examinations.
Transactions hazardous to certificate holders or creditors—
Standards for consideration.
Determination of financial condition—Hazardous to certificate holders—Commissioner’s order—Hearing.
Rehabilitation, liquidation, or conservation of society—
Same as insurance companies—Priority of distribution of
claims.
License required—Obtaining.
Deficiencies, noncompliance by societies—Actions against
license.
Requirements for injunction.
Agents.
Unfair trade practices.
Service of process upon commissioner.
Penalties.
Exemptions.
World War I societies.
Fraternal mutual insurers.
Fraternal mutual life insurers.
Review of commissioner’s decisions and findings.
Severability—1987 c 366.
Effective date—1987 c 366.
48.36A.010 Fraternal benefit society defined. Any
incorporated society, order, or supreme lodge, without capital
stock, including one exempted under the provisions of RCW
48.36A.010
[Title 48 RCW—page 276]
48.36A.020 Lodge system—Lodges for children. (1)
A society is operating on the lodge system if it has a supreme
governing body and subordinate lodges into which members
are elected, initiated, or admitted in accordance with its laws,
rules, and ritual. Subordinate lodges shall be required by the
laws of the society to hold regular meetings at least once in
each month in furtherance of the purposes of the society.
(2) A society may, at its option, organize and operate
lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not
be required of the children, nor shall they have a voice or vote
in the management of the society. [1987 c 366 § 2.]
48.36A.030
48.36A.030 Representative form of government. A
society has a representative form of government when:
(1) It has a supreme governing body constituted in one of
the following ways:
(a) The supreme governing body is an assembly composed of delegates elected directly by the members or at
intermediate assemblies or conventions of members or their
representatives, together with other delegates as may be prescribed in the society’s laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than twothirds of the votes and not less than the number of votes
required to amend the society’s laws. The assembly shall be
elected and shall meet at least once every four years and shall
elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the
board of directors between elections may be filled in the manner prescribed by the society’s laws; or
(b) The supreme governing body is a board composed of
persons elected by the members, either directly or by their
representatives in intermediate assemblies, and any other persons prescribed in the society’s laws. A society may provide
for election of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board
between elections may be filled in the manner prescribed by
the society’s laws. Those persons elected to the board shall
constitute a majority in number and not less than the number
of votes required to amend the society’s laws. A person filling the unexpired term of an elected board member shall be
considered to be an elected member. The board shall meet at
least quarterly to conduct the business of the society;
(2) The officers of the society are elected either by the
supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the
supreme governing body and the board of directors; and
(4) Each voting member shall have one vote. No vote
may be cast by proxy. [1987 c 366 § 3.]
(2008 Ed.)
Fraternal Benefit Societies
48.36A.040 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Benefit contract" means the agreement for provision
of benefits authorized by RCW 48.36A.160, as that agreement is described in RCW 48.36A.190(1).
(2) "Benefit member" means an adult member who is
designated by the laws or rules of the society to be a benefit
member under a benefit contract.
(3) "Certificate" means the document issued as written
evidence of the benefit contract.
(4) "Premiums" means premiums, rates, dues or other
required contributions by whatever name known, which are
payable under the certificate.
(5) "Laws" means the society’s articles of incorporation,
constitution, and bylaws, however designated.
(6) "Rules" means all rules, regulations, or resolutions
adopted by the supreme governing body or board of directors
which are intended to have general application to the members of the society.
(7) "Society" means fraternal benefit society, unless otherwise indicated.
(8) "Lodge" means subordinate member units of the
society, known as camps, courts, councils, branches, or by
any other designation. [1987 c 366 § 4.]
48.36A.040
48.36A.050 Beneficial operations—Laws and rules.
(1) A society shall operate for the benefit of members and
their beneficiaries by:
(a) Providing benefits as specified in RCW 48.36A.160;
and
(b) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or
religious purposes for the benefit of its members, which may
also be extended to others.
These purposes may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated
organizations.
(2) Every society may adopt laws and rules for the government of the society, the admission of its members, and the
management of its affairs. It may change, alter, add to, or
amend such laws and rules and has such other powers as are
necessary and incidental to carrying into effect the objects
and purposes of the society. [1987 c 366 § 5.]
48.36A.050
48.36A.060 Membership classes, rights, grievances.
(1) A society shall specify in its laws or rules:
(a) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of
children, the minimum age for adult membership shall be set
at not less than age fifteen and not greater than age twentyone;
(b) The process for admission to membership for each
membership class; and
(c) The rights and privileges of each membership class,
provided that only benefit members shall have the right to
vote on the management of the insurance affairs of the society.
(2) A society may also admit social members who have
no voice or vote in the management of the insurance affairs of
the society.
48.36A.060
(2008 Ed.)
48.36A.080
(3) Membership rights in the society are personal to the
member and are not assignable.
(4) A society may provide in its laws or rules for grievance or complaint procedures for members. [1987 c 366 § 6.]
48.36A.070 Location of office and meetings—Official
publications, annual statement. (1) The principal office of
any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state,
district, province, or territory where the society has at least
one subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at the meetings is as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of
the supreme governing body and of the board of directors
shall be in the English language.
(2) (a) A society may provide in its laws for an official
publication in which any notice, report, or statement required
by law to be given to members, including notice of election,
may be published. Required reports, notices, and statements
shall be printed conspicuously in the publication. If the
records of a society show that two or more members have the
same mailing address, an official publication mailed to one
member is deemed to be mailed to all members at the same
address unless a member requests a separate copy.
(b) Not later than June 1st of each year, a synopsis of the
society’s annual statement providing an explanation of the
facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of
the society or, in lieu thereof, the synopsis may be published
in the society’s official publication. [1987 c 366 § 7.]
48.36A.070
48.36A.080 Immunity of officers—Indemnification
of person responsible—Insurance for liability. (1) The
officers and members of the supreme governing body or any
subordinate body of a society shall not be personally liable
for any benefits provided by a society.
(2) Any person may be indemnified and reimbursed by
any society for expenses reasonably incurred by, and liabilities imposed upon, the person in connection with or arising
out of any action, suit, or proceeding, whether civil, criminal,
administrative, or investigative, or threat thereof, in which
the person may be involved by reason of the fact that the person is or was a director, officer, employee, or agent of the
society or of any firm, corporation, or organization which the
person served in any capacity at the request of the society. A
person shall not be so indemnified or reimbursed (a) in relation to any matter in such action, suit, or proceeding as to
which the person shall finally be adjudged to be or have been
guilty of breach of a duty as a director, officer, employee, or
agent of the society; or (b) in relation to any matter in the
action, suit, or proceeding, or threat thereof, which has been
made the subject of a compromise settlement; unless in either
case the person acted in good faith for a purpose the person
reasonably believed to be in or not opposed to the best interests of the society and, in a criminal action or proceeding, in
addition, had no reasonable cause to believe that their conduct was unlawful. The determination whether the conduct of
the person met the standard required in order to justify
indemnification and reimbursement in relation to any matter
48.36A.080
[Title 48 RCW—page 277]
48.36A.090
Title 48 RCW: Insurance
described in (a) or (b) of this subsection may only be made by
the supreme governing body or board of directors by a majority vote of a quorum consisting of persons who were not parties to the action, suit, or proceeding or by a court of competent jurisdiction. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a
plea of no contest, as to the person shall not in itself create a
conclusive presumption that the person did not meet the standard of conduct required in order to justify indemnification
and reimbursement. The foregoing right of indemnification
and reimbursement shall not be exclusive of other rights to
which the person may be entitled as a matter of law and shall
inure to the benefit of the person’s heirs, executors, and
administrators.
(3) A society may purchase and maintain insurance on
behalf of any person who is or was a director, officer,
employee, or agent of the society, or who is or was serving at
the request of the society as a director, officer, employee, or
agent of any other firm, corporation, or organization against
any liability asserted against the person and incurred by the
person in any capacity or arising out of the person’s status as
such, whether or not the society would have the power to
indemnify the person against the liability under this section.
[1987 c 366 § 8.]
48.36A.090 Nonwaiver provisions. The laws of the
society may provide that no subordinate body, nor any of its
subordinate officers or members shall have the power or
authority to waive any of the provisions of the laws of the
society. Such provision shall be binding on the society and
every member and beneficiary of a member. [1987 c 366 §
9.]
48.36A.090
48.36A.100 Formation of domestic society—Procedures and requirements. A domestic society organized on
or after January 1, 1988, shall be formed as follows, but not
until it has and continues to maintain unimpaired surplus in
the minimum amount of total capital and surplus required by
RCW 48.05.340:
(1) Seven or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make, sign, and acknowledge
before some officer competent to take acknowledgment of
deeds, articles of incorporation, in which shall be stated:
(a) The proposed corporate name of the society, which
shall not so closely resemble the name of any society or
insurance company as to be misleading or confusing;
(b) The purposes for which it is being formed and the
mode in which its corporate powers are to be exercised. The
purposes shall not include more liberal powers than are
granted by this chapter;
(c) The names and residences of the incorporators and
the names, residences, and official titles of all the officers,
trustees, directors, or other persons who are to have and exercise the general control of the management of the affairs and
funds of the society for the first year or until the ensuing election at which all the officers shall be elected by the supreme
governing body, which election shall be held not later than
one year from the date of issuance of the permanent certificate of authority.
48.36A.100
[Title 48 RCW—page 278]
(2) The articles of incorporation, duly certified copies of
the society’s bylaws and rules, copies of all proposed forms
of certificates, applications therefor, and circulars to be
issued by the society, and a bond conditioned upon the return
to applicants of the advanced payments if the organization is
not completed within one year shall be filed with the commissioner, who may require further information as the commissioner deems necessary. The bond with sureties approved by
the commissioner shall be in an amount, not less than three
hundred thousand dollars nor more than one million five hundred thousand dollars as required by the commissioner. All
documents filed are to be in the English language. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the
commissioner shall so certify, retain, and file the articles of
incorporation and furnish the incorporators a preliminary certificate of authority authorizing the society to solicit members
as hereinafter provided.
(3) No preliminary certificate of authority granted under
the provisions of this section shall be valid after one year
from its date or after a further period, not exceeding one year,
as may be authorized by the commissioner upon cause
shown, unless the five hundred applicants required by subsection (4) of this section have been secured and the organization has been completed under this chapter. The articles of
incorporation and all other proceedings thereunder shall
become null and void in one year from the date of the preliminary certificate of authority, or at the expiration of the
extended period, unless the society shall have completed its
organization and received a certificate of authority to do business under this chapter.
(4) Upon receipt of a preliminary certificate of authority
from the commissioner, the society may solicit members for
the purpose of completing its organization, shall collect from
each applicant the amount of not less than one regular
monthly premium in accordance with its table of rates, and
shall issue to each applicant a receipt for the amount collected. No society shall incur any liability other than for the
return of the advance premium, nor issue any certificate, nor
pay, allow, or offer or promise to pay or allow, any benefit to
any person until:
(a) Actual bona fide applications for benefits have been
secured on not less than five hundred applicants, and any necessary evidence of insurability has been furnished to and
approved by the society;
(b) At least ten subordinate lodges have been established
into which the five hundred applicants have been admitted;
(c) There has been submitted to the commissioner, under
oath of the president or secretary, or corresponding officer of
the society, a list of the applicants, giving their names,
addresses, date each was admitted, name and number of the
subordinate lodge of which each applicant is a member,
amount of benefits to be granted, and premiums therefor; and
(d) It has been shown to the commissioner, by sworn
statement of the treasurer, or corresponding officer of the
society, that at least five hundred applicants have each paid in
cash at least one regular monthly premium and the total
amount of collected premiums equals at least one hundred
fifty thousand dollars. The advance premiums shall be held in
trust during the period of organization and if the society has
(2008 Ed.)
Fraternal Benefit Societies
not qualified for a certificate of authority within one year, the
premiums shall be returned to the applicants.
(5) The commissioner may make such examination and
require such further information as the commissioner deems
advisable. Upon presentation of satisfactory evidence that the
society has complied with all the provisions of this chapter,
the commissioner shall issue to the society a certificate of
authority to that effect and that the society is authorized to
transact business pursuant to the provisions of this chapter.
The certificate of authority shall be prima facie evidence of
the existence of the society at the date of the certificate. The
commissioner shall cause a record of the certificate of authority to be made. A certified copy of the record may be given in
evidence with like effect as the original certificate of authority.
(6) Any incorporated society authorized to transact business in this state at the time this chapter becomes effective
shall not be required to reincorporate.
(7) The commissioner may, by rule, require domestic
fraternal societies to have and maintain a larger amount of
surplus than the minimum amount of capital and surplus prescribed under RCW 48.05.340, based upon the type, volume,
and nature of insurance business transacted, consistent with
the principles of risk-based capital modified to recognize the
special characteristics of fraternal benefit societies. [1996 c
236 § 1; 1987 c 366 § 10.]
48.36A.110 Amendment of society’s laws. (1) A
domestic society may amend its laws in accordance with the
provisions thereof by action of its supreme governing body at
any regular or special meeting thereof or, if its laws so provide, by referendum. The referendum may be held in accordance with the provisions of its laws by the vote of the voting
members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A
society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless,
within six months from the date of submission, a majority of
the members voting shall have signified their consent to the
amendment by one of the specified methods.
(2) No amendment to the laws of any domestic society
shall take effect unless approved by the commissioner. The
commissioner shall approve the amendment if the commissioner finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the
character, objects, and purposes of the society. Unless the
commissioner disapproves any amendment within sixty days
after the filing of same, the amendment shall be considered
approved. The approval or disapproval by the commissioner
shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the
commissioner disapproves the amendment, the reasons for
the disapproval shall be stated in the written notice.
(3) Within ninety days from the approval by the commissioner, all amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The
affidavit of any officer of the society or of anyone authorized
by it to mail any amendments or synopsis thereof, stating
facts which show that same have been duly addressed and
48.36A.110
(2008 Ed.)
48.36A.140
mailed, shall be prima facie evidence that the amendments or
synopsis thereof, have been furnished to the addressee.
(4) Every foreign or alien society authorized to do business in this state shall file with the commissioner a certified
copy of all amendments of, or additions to, its laws within
ninety days after their enactment.
(5) Printed copies of the laws as amended, certified by
the secretary or corresponding officer of the society, shall be
prima facie evidence of their legal adoption. [1987 c 366 §
11.]
48.36A.120 Not-for-profit institutions authorized—
Funeral homes prohibited. (1) A society may create, maintain, and operate, or establish organizations to operate, notfor-profit institutions to further the purposes permitted by
RCW 48.36A.050(1)(b). The institutions may furnish services free or at a reasonable charge. Any real or personal
property owned, held or leased by the society for this purpose
shall be reported in every annual statement.
(2) No society shall own or operate funeral homes or
undertaking establishments. [1987 c 366 § 12.]
48.36A.120
48.36A.130 Reinsurance. (1) A domestic society may,
by a reinsurance agreement, transfer any individual risk or
risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state, or if not so
authorized, one which is approved by the commissioner, but
no domestic society may reinsure substantially all of its
insurance in force without the written permission of the commissioner. It may take credit for the reserves on the transferred risks to the extent reinsured, but no credit shall be
allowed as an admitted asset or as a deduction from liability,
to a transferring society for reinsurance made, transferred,
renewed, or otherwise becoming effective after January 1,
1988, unless the reinsurance is payable by the assuming
insurer on the basis of the liability of the transferring society
under the contract or contracts reinsured without diminution
because of the insolvency of the transferring society.
(2) Notwithstanding the limitation in subsection (1) of
this section, a society may reinsure the risks of another society in a consolidation or merger approved by the commissioner under RCW 48.36A.140. [1987 c 366 § 13.]
48.36A.130
48.36A.140 Consolidation and merger. (1) A domestic society may consolidate or merge with any other society
by complying with the provisions of this section. It shall file
with the commissioner:
(a) A certified copy of the written contract containing in
full the terms and conditions of the consolidation or merger;
(b) A sworn statement by the president and secretary or
corresponding officers of each society showing their financial condition on a date fixed by the commissioner but not
earlier than December 31st next preceding the date of the
contract;
(c) A certificate of the officers, duly verified by their
respective oaths, that the consolidation or merger has been
approved by a two-thirds vote of the supreme governing body
of each society, such vote being conducted at a regular or spe48.36A.140
[Title 48 RCW—page 279]
48.36A.150
Title 48 RCW: Insurance
cial meeting of each such body, or, if the society’s laws so
permit, by mail; and
(d) Evidence that at least sixty days prior to the action of
the supreme governing body of each society, the text of the
contract has been furnished to all members of each society
either by mail or by publication in full in the official publication of each society.
(2) If the commissioner finds that the contract is in conformity with the provisions of this section, that the financial
statements are correct, and that the consolidation or merger is
just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to
that effect. Upon approval, the contract shall be in full force
and effect unless any society which is a party to the contract
is incorporated under the laws of any other state or territory.
In such event, the consolidation or merger shall not become
effective unless and until it has been approved as provided by
the laws of such state or territory and a certificate of such
approval is filed with the commissioner of this state or, if the
laws of the state or territory contain no such provision, then
the consolidation or merger shall not become effective unless
and until it has been approved by the commissioner of insurance of the state or territory and a certificate of such approval
is filed with the commissioner of this state.
(3) Upon the consolidation or merger becoming effective, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property,
real, personal, or mixed, and things in action thereunto
belonging shall be vested in the society resulting from or
remaining after the consolidation or merger without any other
instrument, except that conveyances of real property may be
evidenced by proper deeds, and the title to any real estate or
interest therein, vested under the laws of this state in any of
the societies consolidated or merged, shall not revert or be in
any way impaired by reason of the consolidation or merger,
but shall vest absolutely in the society resulting from or
remaining after the consolidation or merger.
(4) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating
that the notice or document has been duly addressed and
mailed, shall be prima facie evidence that the notice or document has been furnished to the addressees. [1987 c 366 § 14.]
48.36A.150 Conversion to mutual life insurance company. Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by
compliance with all the requirements of the insurance laws of
this state for mutual life insurance companies. A plan of conversion shall be prepared in writing by the board of directors
setting forth in full the terms and conditions of conversion.
The affirmative vote of two-thirds of all members of the
supreme governing body at a regular or special meeting shall
be necessary for the approval of such plan, or if the society is
organized under the direct election method pursuant to RCW
48.36A.030(1)(b), the plan of conversion shall be submitted
by mail to the benefit members or the plan may be published
in the official publication authorized by RCW
48.36A.070(2)(a). The affirmative vote of two-thirds of the
benefit members voting thereon shall be necessary for the
approval of the plan. No conversion shall take effect unless
and until approved by the commissioner who may give
48.36A.150
[Title 48 RCW—page 280]
approval if the commissioner finds that the proposed change
is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. [1987 c 366 §
15.]
48.36A.160 Contractual benefits. (1) A society may
provide the following contractual benefits in any form:
(a) Death benefits;
(b) Endowment benefits;
(c) Annuity benefits;
(d) Temporary or permanent disability benefits;
(e) Hospital, medical, or nursing benefits;
(f) Monument or tombstone benefits to the memory of
deceased members; and
(g) Such other benefits as authorized for life insurers and
which are not inconsistent with this chapter.
(2) A society shall specify in its rules those persons who
may be issued, or covered by, the contractual benefits in subsection (1) of this section, consistent with providing benefits
to members and their dependents. A society may provide
benefits on the lives of children under the minimum age for
adult membership upon application of an adult person. [1987
c 366 § 16.]
48.36A.160
48.36A.170 Designation of beneficiary—Funeral
benefits. (1) The owner of a benefit contract shall have the
right at all times to change the beneficiary or beneficiaries in
accordance with the laws or rules of the society unless the
owner waives this right by specifically requesting in writing
that the beneficiary designation be irrevocable. A society
may, through its laws or rules, limit the scope of beneficiary
designations and shall provide that no revocable beneficiary
shall have or obtain any vested interest in the proceeds of any
certificate until the certificate has become due and payable in
conformity with the provisions of the benefit contract.
(2) A society may make provision for the payment of
funeral benefits to the extent of such portion of any payment
under a certificate as might reasonably appear to be due to
any person equitably entitled thereto by reason of having
incurred expense occasioned by the burial of the member,
provided the portion paid shall not exceed the sum of one
thousand dollars.
(3) If, at the death of any person insured under a benefit
contract, there is no lawful beneficiary to whom the proceeds
shall be payable, the amount of the benefit, except to the
extent that funeral benefits may be paid under this section,
shall be payable to the personal representative of the
deceased insured, provided that if the owner of the certificate
is other than the insured, the proceeds shall be payable to the
owner. [1987 c 366 § 17.]
48.36A.170
48.36A.180 Protection of benefits. No money or other
benefit, charity, relief, or aid to be paid, provided or rendered
by any society, shall be liable to attachment, garnishment, or
other process, or to be seized, taken, appropriated, or applied
by any legal or equitable process or operation of law to pay
any debt or liability of a member or beneficiary, or any other
person who may have a right thereunder, either before or
after payment by the society. [1987 c 366 § 18.]
48.36A.180
(2008 Ed.)
Fraternal Benefit Societies
48.36A.190 Benefit certificates—Impaired reserves.
(1) Every society authorized to do business in this state shall
issue to each owner of a benefit contract a certificate specifying the amount of benefits provided. The certificate, together
with any riders or endorsements attached thereto, the laws of
the society, the application for membership, the application
for insurance and declaration of insurability, if any, signed by
the applicant, and all amendments, shall constitute the benefit
contract, as of the date of issuance, between the society and
the owner, and the certificate shall so state. A copy of the
application for insurance and declaration of insurability, if
any, shall be endorsed upon or attached to the certificate. All
statements on the application shall be representations and not
warranties. Any waiver of this provision shall be void.
(2) Except as provided in RCW 48.36A.220, any
changes, additions, or amendments to the laws of the society
duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall
govern and control the benefit contract in all respects the
same as though the changes, additions, or amendments had
been made prior to and were in force at the time of the application for insurance, except that no change, addition, or
amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.
(3) Any person upon whose life a benefit contract is
issued prior to attaining the age of majority shall be bound by
the terms of the application and certificate and by all the laws
and rules of the society to the same extent as though the age
of majority had been attained at the time of application.
(4) Except as provided in RCW 48.36A.220, a society
shall provide in its laws that if its reserves as to all or any
class of certificates become impaired, its board of directors or
corresponding body may require that there shall be paid by
the owner to the society the amount of the owner’s equitable
proportion of the deficiency as ascertained by its board, and
that if the payment is not made, either (a) it shall stand as an
indebtedness against the certificate and draw interest not to
exceed the rate specified for certificate loans under the certificates; or (b) in lieu of or in combination with (a) of this subsection, the owner may accept a proportionate reduction in
benefits under the certificate. The society may specify the
manner of the election and which alternative is to be presumed if no election is made.
(5) Copies of any of the documents mentioned in this
section, certified by the secretary or corresponding officer of
the society, shall be received in evidence of the terms and
conditions thereof.
(6) No certificate shall be delivered or issued for delivery
in this state unless a copy of the form has been filed with the
commissioner in the manner provided for like policies issued
by life insurers in this state. Every life, accident, health, or
disability insurance certificate and every annuity certificate
issued on or after one year from January 1, 1988, shall be
approved by the commissioner and shall meet the standard
contract provision requirements not inconsistent with this
chapter for like policies issued by life insurers in this state,
except that a society may provide for a grace period for payment of premiums of one full month in its certificates. The
certificates shall also contain a provision stating the amount
of premiums which are payable under the certificate and a
provision reciting or setting forth the substance of any sec48.36A.190
(2008 Ed.)
48.36A.210
tions of the society’s laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. If the laws of the society provide for expulsion or
suspension of a member, the certificate shall also contain a
provision that any member so expelled or suspended, except
for nonpayment of a premium or within the contestable
period for material misrepresentation in the application for
membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the
required premium.
(7) Benefit contracts issued on the lives of persons below
the society’s minimum age for adult membership may provide for transfer of control or ownership to the insured at an
age specified in the certificate. A society may require
approval of an application for membership in order to effect
this transfer, and may provide in all other respects for the regulation, government, and control of such certificates and all
rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to the transfer shall
be specified in the certificate.
(8) A society may specify the terms and conditions on
which benefit contracts may be assigned. [1987 c 366 § 19.]
48.36A.200
48.36A.200 Paid-up nonforfeiture benefits and cash
surrender values. (1) For certificates issued prior to one
year after January 1, 1988, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value,
loan, or other option granted shall comply with the provisions
of law applicable immediately prior to January 1, 1988.
(2) For certificates issued on or after one year from January 1, 1988, for which reserves are computed on the commissioner’s 1941 standard ordinary mortality table, the commissioner’s 1941 standard industrial table or the commissioner’s 1958 standard ordinary mortality table, or the
commissioner’s 1980 standard mortality table, or any more
recent table made applicable to life insurers, every paid-up
nonforfeiture benefit and the amount of any cash surrender
value, loan, or other option granted shall not be less than the
corresponding amount ascertained in accordance with the
laws of this state applicable to life insurers issuing policies
containing like benefits based upon such tables.
(3) For annuity certificates issued on or after one year
from January 1, 1988, every paid-up nonforfeiture benefit
and the amount of any cash surrender value, loan, or other
option granted shall not be less than the corresponding
amount ascertained in accordance with the laws of this state
applicable to life insurers issuing annuities. [1987 c 366 §
20.]
48.36A.210
48.36A.210 Authorized investments. A society shall
invest its funds only in investments that are authorized by the
laws of this state for the investment of assets of life insurers
and subject to the limitations thereon. Any foreign or alien
society permitted or seeking to do business in this state which
invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated, shall be deemed to have met the requirements of this
section for the investment of funds. [1987 c 366 § 21.]
[Title 48 RCW—page 281]
48.36A.220
Title 48 RCW: Insurance
48.36A.220 Assets—Investment and disbursement.
(1) All assets shall be held, invested, and disbursed for the
use and benefit of the society and no member or beneficiary
shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part
thereof, except as provided in the benefit contract.
(2) A society may create, maintain, invest, disburse, and
apply any special fund or funds necessary to carry out any
purpose permitted by the laws of the society.
(3) A society may, pursuant to resolution of its supreme
governing body, establish and operate one or more separate
accounts and issue contracts on a variable basis, subject to all
the provisions of law regulating life insurers establishing
such accounts and issuing such contracts, as provided in
chapter 48.18A RCW. To the extent the society deems it necessary in order to comply with any applicable federal or state
laws, or any rules issued thereunder, the society may adopt
special procedures for the conduct of the business and affairs
of a separate account, may, for persons having beneficial
interests therein, provide special voting and other rights,
including without limitation special rights and procedures
relating to investment policy, investment advisory services,
selection of certified public accountants, and selection of a
committee to manage the business and affairs of the account,
and may issue contracts on a variable basis to which RCW
48.36A.190 (2) and (4) shall not apply. [1987 c 366 § 22.]
48.36A.220
48.36A.230 Chapter exclusive. Societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state unless they are
expressly designated therein, or unless it is specifically made
applicable by this chapter. [1987 c 366 § 23.]
48.36A.230
48.36A.240 Funds tax exempt, exception. Every society organized or licensed under this chapter is hereby
declared to be a charitable and benevolent institution, and all
of its funds shall be exempt from all and every state, county,
district, municipal, and school tax, other than taxes on real
estate and office equipment. [1987 c 366 § 24.]
48.36A.240
48.36A.250 Valuation standards—Reserves. (1)
Standards of valuation for certificates issued prior to one year
after January 1, 1988, shall be those provided by the laws
applicable immediately prior to January 1, 1988.
(2) The minimum standards of valuation for certificates
issued on or after one year from January 1, 1988, shall be
based on the following tables:
(a) For certificates of life insurance: The commissioner’s 1941 standard ordinary mortality table, the commissioner’s 1941 standard industrial mortality table, the commissioner’s 1958 standard ordinary mortality table, the commissioner’s 1980 standard ordinary mortality table, or any more
recent table made applicable to life insurers;
(b) For annuity and pure endowment certificates, for
total and permanent disability benefits, for accidental death
benefits, and for noncancellable accident and health benefits:
Such tables as are authorized for use by life insurers in this
state.
All of the above shall be under valuation methods and
standards, including interest assumptions, in accordance with
48.36A.250
[Title 48 RCW—page 282]
the laws of this state applicable to life insurers issuing policies containing like benefits.
(3) The commissioner may, in the commissioner’s discretion, accept other standards for valuation if the commissioner finds that the reserves produced thereby will not be
less in the aggregate than reserves computed in accordance
with the minimum valuation standard herein prescribed. The
commissioner may, in the commissioner’s discretion, vary
the standards of mortality applicable to all benefit contracts
on substandard lives or other extra hazardous lives by any
society authorized to do business in this state.
(4) Any society, with the consent of the commissioner of
insurance of the state of domicile of the society and under the
conditions, if any, which the commissioner may impose, may
establish and maintain reserves on its certificates in excess of
the reserves required by this section, but the contractual
rights of any benefit member shall not be affected thereby.
[1987 c 366 § 25.]
48.36A.260 Annual financial statement. (1) Every
domestic society shall annually, on or before the first day of
March, unless for cause shown such time has been extended
by the commissioner, file with the commissioner a true statement of its financial condition, transactions, and affairs for
the preceding calendar year and pay a fee of ten dollars for
filing. The statement shall be in general form and context as
approved by the national association of insurance commissioners for fraternal benefit societies and as supplemented by
additional information required by the commissioner.
(2) All domestic, foreign, and alien societies transacting
business in this state shall annually, on or before March 1st of
each year, file with the national association of insurance commissioners a copy of its annual statement convention blank in
electronic form.
(3) As part of the required annual statement, each society
shall, on or before the first day of March, file with the commissioner a valuation of its certificates in force on December
31st last preceding, provided the commissioner may, in the
commissioner’s discretion for cause shown, extend the time
for filing the valuation for not more than two calendar
months. The valuation shall be done in accordance with the
standards specified in RCW 48.36A.250. The valuation and
underlying data shall be certified by a qualified actuary or, at
the expense of the society, verified by the actuary of the
department of insurance of the state of domicile of the society.
(4) A society neglecting to file the annual statement in
the form and within the time provided by this section shall
forfeit one hundred dollars for each day during which the
neglect continues, and, upon notice by the commissioner, its
authority to do business in this state shall cease while the
default continues. [2007 c 80 § 4; 1987 c 366 § 26.]
48.36A.260
48.36A.263 Filing of financial statements. Every fraternal benefit society holding a certificate of authority shall
file its financial statements as required by this code and by
the commissioner in accordance with the accounting practices and procedures manuals as adopted by the national association of insurance commissioners, unless otherwise provided by law. [1999 c 33 § 2.]
48.36A.263
(2008 Ed.)
Fraternal Benefit Societies
48.36A.270
48.36A.270 Licenses and renewals—Fees—Existing
societies. A license under this chapter continues in force
until suspended, revoked, or not renewed. A license is subject
to renewal annually on the first day of July upon payment of
the fee for the license. If not so renewed, the certificate
expires as of the thirtieth day of June of the same year.
Licenses existing on June 9, 1994, continue in force until July
1, 1995, unless revoked or suspended. For each license or
renewal the society shall pay the commissioner the fee established pursuant to RCW 48.14.010, subject to the retaliatory
provision of RCW 48.14.040. A certified copy or duplicate of
the license shall be prima facie evidence that the licensee is a
fraternal benefit society within the meaning of this chapter.
[1994 c 131 § 1; 1987 c 366 § 27.]
48.36A.272
48.36A.272 Notice of intent to suspend, revoke, or
refuse to renew a license. The commissioner shall give a
society notice of his or her intention to suspend, revoke, or
refuse to renew its license not less than ten days before the
effective date of the order of suspension, revocation or
refusal, except that advance notice of intention is not required
where the order results from a domestic society’s failure to
make good a deficiency of assets as required by the commissioner. [1996 c 236 § 4.]
48.36A.274
48.36A.274 Duration of suspension. The commissioner shall not suspend a society’s license for a period in
excess of one year, and shall state in his or her order of suspension the period during which the order is effective. [1996
c 236 § 5.]
48.36A.276
48.36A.276 Reauthorization of license. A society
whose license has been suspended, revoked, or refused may
not subsequently be authorized unless the grounds for the
suspension, revocation, or refusal no longer exist and the
society is otherwise fully qualified. [1996 c 236 § 6.]
48.36A.278
48.36A.278 Notice to agents of loss of authority.
Upon the suspension, revocation, or refusal of a society’s
license, the commissioner shall give notice to the society and
shall suspend, revoke, or refuse the authority of its agents to
represent it in this state and give notice to the agents. [1996
c 236 § 7.]
48.36A.280
48.36A.280 Examinations. (1) The commissioner, or
any person the commissioner may appoint, may examine any
domestic, foreign, or alien society transacting or applying for
admission to transact business in this state in the same manner as authorized by chapter 48.03 RCW. Requirements of
notice and an opportunity to respond before findings are
made public as provided in the laws regulating insurers shall
also be applicable to the examination of societies.
(2) The expense of each examination and of each valuation, including the compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued. The payments shall be made upon receipt of
statements furnished by the commissioner. [1987 c 366 §
28.]
(2008 Ed.)
48.36A.282
48.36A.282 Transactions hazardous to certificate
holders or creditors—Standards for consideration. The
following standards may be considered by the commissioner
to determine whether the continued operation of any society
transacting an insurance business in this state might be
deemed to be hazardous to the certificate holders or creditors.
The commissioner may consider:
(1) Adverse findings reported in either a financial condition or market conduct examination report, or both, of a state
insurance department that could lead to impairment of surplus;
(2) The national association of insurance commissioners
insurance regulatory information system and its related
reports;
(3) The ratios of commission expense, general insurance
expense, policy benefits, and reserve increases as to annual
premium and net investment income that could lead to an
impairment of surplus;
(4) The society’s asset portfolio when viewed in light of
current economic conditions is not of sufficient value, liquidity, or diversity to assure the society’s ability to meet its outstanding obligations as they mature;
(5) The ability of an assuming reinsurer to perform and
whether the society’s reinsurance program provides sufficient protection for the society’s remaining surplus after taking into account the society’s cash flow and the classes of
business written as well as the financial condition of the
assuming reinsurer;
(6) The society’s operating loss in the last twelve-month
period or any shorter period of time, including but not limited
to net capital gain or loss, change in nonadmitted assets, and
cash refunds paid to members, is greater than fifty percent of
the society’s remaining surplus as regards certificate holders
in excess of the minimum required;
(7) Whether any affiliate, subsidiary, or reinsurer is
insolvent, threatened with insolvency, or delinquent in payment of its monetary or other obligation;
(8) Contingent liabilities, pledges, or guaranties which
either individually or collectively involve a total amount that
in the opinion of the commissioner may affect the solvency of
the society;
(9) The age and collectibility of receivables;
(10) Whether the management of a society, including
officers, trustees, directors, or any other person who directly
or indirectly controls the operation of the society, fails to possess and demonstrate the competence, fitness, and reputation
deemed necessary to serve the society in such a position;
(11) Whether management of a society has failed to
respond to inquiries relative to the condition of the society or
has furnished misleading information concerning an inquiry;
(12) Whether management of a society either has filed
any false or misleading sworn financial statement, or has
released a false or misleading financial statement to lending
institutions or to the general public, or has made a false or
misleading entry, or has omitted an entry of material amount
in the books of the society;
(13) Whether the society has grown so rapidly and to
such an extent that it lacks adequate financial and administrative capacity to meet its obligations in a timely manner; and
48.36A.282
[Title 48 RCW—page 283]
48.36A.284
Title 48 RCW: Insurance
(14) Whether the society has experienced or will experience in the foreseeable future, either cash flow problems or
liquidity problems, or both. [1996 c 236 § 8.]
48.36A.284 Determination of financial condition—
Hazardous to certificate holders—Commissioner’s
order—Hearing. (1) For the purpose of making a determination of a society’s financial condition, the commissioner
may:
(a) Disregard any credit or amount receivable resulting
from transactions with a reinsurer that is insolvent, impaired,
or otherwise subject to a delinquency proceeding;
(b) Make appropriate adjustments to asset values attributable to investments in or transactions with parents, subsidiaries, or affiliates;
(c) Refuse to recognize the stated value of accounts
receivable if the ability to collect receivables is highly speculative in view of the age of the account or the financial condition of the debtor; or
(d) Increase the society’s liability in an amount equal to
any contingent liability, pledge, or guarantee not otherwise
included if there is a substantial risk that the society will be
called upon to meet the obligation undertaken within the next
twelve-month period.
(2) If the commissioner determines that the continued
operation of the society authorized to transact business in this
state may be hazardous to the certificate holders, then the
commissioner may, in conjunction with or in lieu of a notice
required or permitted by RCW 48.36A.272, issue an order
requiring the society to:
(a) Reduce the total amount of present and potential liability for policy benefits by reinsurance;
(b) Reduce, suspend, or limit the volume of business
being accepted or renewed;
(c) Reduce general insurance and commission expenses
by specified methods;
(d) Increase the society’s surplus;
(e) Suspend or limit the declaration and payment of
refunds by a society to its members;
(f) File reports in a form acceptable to the commissioner
concerning the market value of a society’s assets;
(g) Limit or withdraw from certain investments or discontinue certain investment practices to the extent the commissioner deems necessary;
(h) Document the adequacy of premium rates in relation
to the risks insured; or
(i) File, in addition to regular annual statements, interim
financial reports on the form adopted by the national association of insurance commissioners or on a format promulgated
by the commissioner.
(3) Any society subject to an order under subsection (2)
of this section may make a written demand for a hearing, subject to the requirements of RCW 48.04.010, by specifying in
what respects it is aggrieved and the grounds to be relied
upon as basis for the relief to be demanded at the hearing.
[1996 c 236 § 9.]
48.36A.284
48.36A.286 Rehabilitation, liquidation, or conservation of society—Same as insurance companies—Priority
of distribution of claims. (1) Any rehabilitation, liquida48.36A.286
[Title 48 RCW—page 284]
tion, or conservation of a domestic fraternal benefit society is
the same as the rehabilitation, liquidation, or conservation of
an insurance company and shall be conducted under the
supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply for an order
directing the commissioner to rehabilitate, liquidate, or conserve a domestic fraternal benefit society upon any one or
more of the following grounds: That the domestic fraternal
benefit society:
(a) Is insolvent; or
(b) Has ceased transacting insurance business for a
period of one year; or
(c) Is insolvent and has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute any
action or proceeding to liquidate its business or affairs, or to
dissolve its corporate charter, or to procure the appointment
of a receiver, trustee, custodian, or sequestrator under any
law except this code; or
(d) Any of the matters set forth in RCW 48.36A.310.
(2) The priority of the distribution of claims from a
domestic fraternal benefit society’s estate shall be as set forth
in RCW 48.31.280. [1996 c 236 § 10.]
48.36A.290 License required—Obtaining. (1) No foreign or alien society shall transact business in this state without a license issued by the commissioner. Any society desiring admission to this state shall comply substantially with the
requirements and limitations of this chapter applicable to
domestic societies and must have and continue to maintain
unimpaired surplus in the minimum amount of total capital
and surplus required by RCW 48.05.340. A society may be
licensed to transact business in this state upon filing with the
commissioner:
(a) A duly certified copy of its articles of incorporation;
(b) A copy of its bylaws, certified by its secretary or corresponding officer;
(c) A power of attorney to the commissioner as prescribed in RCW 48.36A.410;
(d) A statement of its business under oath by its president
and secretary, or corresponding officers, in a form prescribed
by the commissioner, verified by an examination made by the
supervising insurance official of its home state or other state,
territory, province, or country, satisfactory to the commissioner;
(e) Certification from the proper official of its home
state, territory, province, or country that the society is legally
incorporated and licensed to transact business;
(f) Copies of its certificate forms; and
(g) Such other information as the commissioner may
deem necessary; and upon a showing that its assets are
invested in accordance with the provisions of this chapter.
(2) After June 30, 1997, a foreign or alien society which
does not have unimpaired surplus in the minimum amount of
total capital and surplus required by RCW 48.05.340 may not
issue any new policies or certificates until the society has
unimpaired surplus in the minimum amount of total capital
and surplus required by RCW 48.05.340; however, a foreign
or alien society may continue to issue new policies or certificates to members of the society who have an existing policy
or certificate in force with the society on June 30, 1997. Once
48.36A.290
(2008 Ed.)
Fraternal Benefit Societies
such a foreign or alien society obtains unimpaired surplus in
the minimum amount of total capital and surplus required by
RCW 48.05.340, the society must continue to maintain unimpaired surplus in the minimum amount of total capital and
surplus required by RCW 48.05.340.
(3) After June 30, 1997, a foreign or alien society which
had unimpaired surplus in the minimum amount of total capital and surplus required by RCW 48.05.340 on December
31, 1996, must continue to maintain unimpaired surplus in
the minimum amount of total capital and surplus required by
RCW 48.05.340.
(4) The commissioner may, by rule, require foreign or
alien fraternal societies to have and maintain a larger amount
of surplus than the minimum amount of capital and surplus
prescribed under RCW 48.05.340, based upon the type, volume, and nature of insurance business transacted, consistent
with the principles of risk-based capital modified to recognize the special characteristics of fraternal benefit societies.
[1996 c 236 § 2; 1987 c 366 § 29.]
48.36A.310 Deficiencies, noncompliance by societies—Actions against license. (Effective until July 1, 2009.)
(1) The commissioner may refuse, suspend, or revoke a fraternal benefit society’s license, if the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of
this chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Is conducting its business fraudulently;
(e) Has a membership of less than four hundred after an
existence of one year or more;
(f) Is found by the commissioner to be in such a condition that its further transaction of insurance in this state would
be hazardous to certificate holders and the people in this
state;
(g) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude;
(h) Refuses to be examined, or if its trustees, directors,
officers, employees, or representatives refuse to submit to
examination or to produce its accounts, records, and files for
examination by the commissioner when required, or refuse to
perform any legal obligation relative to the examination;
(i) Fails to pay any final judgment rendered against it in
this state upon any certificate, or undertaking issued by it,
within thirty days after the judgment became final or within
thirty days after time for taking an appeal has expired, or
within thirty days after dismissal of an appeal before final
determination, whichever date is the later;
(j) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons, whether by its trustees, directors, officers, or by any
other means, who are incompetent or untrustworthy or so
lacking in fraternal benefit society managerial experience as
to make a proposed operation hazardous to its members; or
that there is good reason to believe it is affiliated directly or
indirectly through ownership, control, or business relations,
with any person or persons whose business operations are or
have been found to be in violation of any law or rule, to the
detriment of the members of the society or of the public, by
48.36A.310
(2008 Ed.)
48.36A.310
bad faith or by manipulation of the assets, or of accounts, or
of reinsurance of the society; or
(k) Does business through agents or other representatives in this state or in any other state who are not properly
licensed under applicable laws and rules.
(2) Nothing in this section shall prevent a society from
continuing, in good faith, all contracts made in this state during the time the society was legally authorized to transact
business herein. [1996 c 236 § 3; 1987 c 366 § 31.]
48.36A.310 Deficiencies, noncompliance by societies—Actions against license. (Effective July 1, 2009.) (1)
The commissioner may refuse, suspend, or revoke a fraternal
benefit society’s license, if the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of
this chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Is conducting its business fraudulently;
(e) Has a membership of less than four hundred after an
existence of one year or more;
(f) Is found by the commissioner to be in such a condition that its further transaction of insurance in this state would
be hazardous to certificate holders and the people in this
state;
(g) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude;
(h) Refuses to be examined, or if its trustees, directors,
officers, employees, or representatives refuse to submit to
examination or to produce its accounts, records, and files for
examination by the commissioner when required, or refuse to
perform any legal obligation relative to the examination;
(i) Fails to pay any final judgment rendered against it in
this state upon any certificate, or undertaking issued by it,
within thirty days after the judgment became final or within
thirty days after time for taking an appeal has expired, or
within thirty days after dismissal of an appeal before final
determination, whichever date is the later;
(j) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons, whether by its trustees, directors, officers, or by any
other means, who are incompetent or untrustworthy or so
lacking in fraternal benefit society managerial experience as
to make a proposed operation hazardous to its members; or
that there is good reason to believe it is affiliated directly or
indirectly through ownership, control, or business relations,
with any person or persons whose business operations are or
have been found to be in violation of any law or rule, to the
detriment of the members of the society or of the public, by
bad faith or by manipulation of the assets, or of accounts, or
of reinsurance of the society; or
(k) Does business through insurance producers or other
representatives in this state or in any other state who are not
properly licensed under applicable laws and rules.
(2) Nothing in this section shall prevent a society from
continuing, in good faith, all contracts made in this state during the time the society was legally authorized to transact
business herein. [2008 c 217 § 45; 1996 c 236 § 3; 1987 c
366 § 31.]
48.36A.310
[Title 48 RCW—page 285]
48.36A.320
Title 48 RCW: Insurance
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.36A.320 Requirements for injunction. No application or petition for injunction against any domestic, foreign,
or alien society, or lodge thereof, shall be maintained in any
court of this state unless made by the attorney general upon
request of the commissioner. [1987 c 366 § 32.]
48.36A.320
48.36A.330 Agents. (Effective until July 1, 2009.) (1)
Agents of societies shall be licensed in accordance with the
applicable provisions of chapter 48.17 RCW regulating the
licensing, revocation, suspension, or termination of licenses
of resident and nonresident agents. Persons who are so authorized by a fraternal benefit society for a period of one year
immediately prior to June 13, 1963, shall not be required to
take and pass an examination as required by RCW 48.17.110.
(2) The following individuals shall not be deemed an
agent of a fraternal benefit society within the provisions of
subsection (1) of this section:
(a) Any regular salaried officer or employee of a licensed
society who devotes substantially all of their services to
activities other than the solicitation of fraternal insurance
contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation
directly dependent upon the amount of business obtained; or
(b) Any agent or representative of a society who devotes,
or intends to devote, less than fifty percent of their time to the
solicitation and procurement of insurance contracts for such
society: PROVIDED, That any person who in the preceding
calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in
excess of fifty thousand dollars shall be conclusively presumed to be devoting, or intending to devote, fifty percent of
the person’s time to the solicitation or procurement of insurance contracts for such society. [1987 c 366 § 33.]
48.36A.330
48.36A.330 Insurance producers. (Effective July 1,
2009.) (1) Insurance producers of societies shall be licensed
in accordance with the applicable provisions of chapter 48.17
RCW regulating the licensing, revocation, suspension, or termination of licenses of resident and nonresident insurance
producers.
(2) The following individuals shall not be deemed an
insurance producer of a fraternal benefit society within the
provisions of subsection (1) of this section:
(a) Any regular salaried officer or employee of a licensed
society who devotes substantially all of their services to
activities other than the solicitation of fraternal insurance
contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation
directly dependent upon the amount of business obtained; or
(b) Any insurance producer or representative of a society
who devotes, or intends to devote, less than fifty percent of
their time to the solicitation and procurement of insurance
contracts for such society: PROVIDED, That any person
who in the preceding calendar year has solicited and procured
life insurance contracts on behalf of any society in an amount
of insurance in excess of fifty thousand dollars shall be conclusively presumed to be devoting, or intending to devote,
fifty percent of the person’s time to the solicitation or pro48.36A.330
[Title 48 RCW—page 286]
curement of insurance contracts for such society. [2008 c
217 § 46; 1987 c 366 § 33.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.36A.340 Unfair trade practices. (1) Except as provided in subsection (2) of this section, every society authorized to do business in this state shall be subject to the provisions of chapter 48.30 RCW relating to unfair trade practices.
(2) Nothing in chapter 48.30 RCW shall be construed as
applying to or affecting the right of any society to determine
its eligibility requirements for membership, or be construed
as applying to or affecting the offering of benefits exclusively
to members or persons eligible for membership in the society
by a subsidiary corporation or affiliated organization of the
society. [1987 c 366 § 34.]
48.36A.340
48.36A.350 Service of process upon commissioner.
(1) Every society authorized to do business in this state shall:
(a) Appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom
all lawful process in any action or proceeding against it shall
be served;
(b) Agree in writing that any lawful process against it
which is served on the commissioner shall be of the same
legal force and validity as if served upon the society; and
(c) Agree that the authority shall continue in force so
long as any liability remains outstanding in this state.
Copies of such appointment, certified by said commissioner, shall be deemed sufficient evidence thereof and shall
be admitted in evidence with the same force and effect as the
original.
(2) Service shall only be made upon the commissioner,
or if absent, upon the person in charge of the commissioner’s
office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a
society is served upon the commissioner, the commissioner
shall forward one of the duplicate copies by registered mail,
prepaid, directed to the secretary or corresponding officer.
No service shall require a society to file its answer, pleading,
or defense in less than forty days from the date of mailing the
copy of the service to a society. Legal process shall not be
served upon a society except in the manner provided in this
section. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to
the commissioner the fee established pursuant to RCW
48.05.210. [1987 c 366 § 35.]
48.36A.350
48.36A.360 Penalties. (1) Any person who wilfully
makes a false or fraudulent statement in or relating to an
application for membership or for the purpose of obtaining
money from or a benefit in any society, shall upon conviction
be fined not less than one hundred dollars nor more than five
hundred dollars or imprisonment in the county jail not less
than thirty days nor more than one year, or both.
(2) Any person who wilfully makes a false or fraudulent
statement in any verified report or declaration under oath
required or authorized by this chapter, or of any material fact
or thing contained in a sworn statement concerning the death
or disability of an insured for the purpose of procuring pay48.36A.360
(2008 Ed.)
Fraternal Benefit Societies
ment of a benefit named in the certificate, shall be guilty of
false swearing and shall be subject to the penalties under
RCW 9A.72.040.
(3) Any person who solicits membership for, or in any
manner assists in procuring membership in, any society not
licensed to do business in this state shall be guilty of a misdemeanor and upon conviction be fined not less than fifty dollars nor more than two hundred dollars.
(4) Any person guilty of a wilful violation of, or neglect
or refusal to comply with, the provisions of this chapter for
which a penalty is not otherwise prescribed, shall upon conviction, be subject to a fine not exceeding two hundred dollars. [1987 c 366 § 36.]
48.36A.370 Exemptions. (1) Nothing contained in this
chapter shall be so construed as to affect or apply to:
(a) Grand or subordinate lodges of Masons, Odd Fellows, Improved Order of Red Men, Fraternal Order of
Eagles, Loyal Order of Moose, or Knights of Pythias, exclusive of the insurance department of the Supreme Lodge of
Knights of Pythias, the Grand Aerie Fraternal Order of
Eagles, and the Junior Order of United American Mechanics,
exclusive of the beneficiary degree of insurance branch of the
National Council Junior Order [of] United American
Mechanics, or similar societies which do not issue insurance
certificates;
(b) Orders, societies, or associations which admit to
membership only persons engaged in one or more crafts or
hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and
the ladies’ societies or ladies’ auxiliaries to such orders, societies, or associations;
(c) Any association of local lodges of a society now
doing business in this state which provides death benefits not
exceeding three hundred dollars to any one person, or disability benefit not exceeding three hundred dollars in any one
year to any one person, or both; or any contracts of reinsurance business on such plan in this state;
(d) Domestic societies which limit their membership to
the employees of a particular city or town, designated firm,
business house, or corporation;
(e) Domestic lodges, orders, or associations of a purely
religious, charitable, and benevolent description, which do
not provide for a death benefit of more than one hundred dollars, or for disability benefits of more than one hundred fifty
dollars to any one person in any one year: PROVIDED, That
any such domestic order or society which has more than five
hundred members and provides for death or disability benefits, and any such domestic lodge, order, or society which
issues to any person a certificate providing for the payment of
benefits, shall not be exempt by the provisions of this section,
but shall comply with all the requirements of this chapter.
The commissioner may require from any society such
information as will enable the commissioner to determine
whether the society is exempt from the provisions of this
chapter.
(2) No society, which is exempt by the provisions of this
section from the requirements of this chapter shall give or
allow or promise to give or allow to any person any compensation for procuring new members.
48.36A.370
(2008 Ed.)
48.36A.390
(3) Any fraternal benefit society, heretofore organized
and incorporated and operating as set forth in RCW
48.36A.010, 48.36A.020, and 48.36A.030, providing for
benefits in case of death or disability resulting solely from
accidents, but which does not obligate itself to pay other
death or sick benefits, may be licensed under the provisions
of this chapter, and shall have all the privileges and shall be
subject to all the provisions and regulations of this chapter,
except that the provisions of this chapter requiring medical
examinations, valuations of benefit certificates, and that the
certificate shall specify the amount of benefits, shall not
apply to such society.
(4) The commissioner may require from any society or
association, by examination or otherwise, such information
as will enable the commissioner to determine whether the
society or association is exempt from the provisions of this
chapter.
(5) Societies, exempted under the provisions of this section, shall also be exempt from all other provisions of the
insurance laws of this state. [1987 c 366 § 37.]
48.36A.380 World War I societies. Any corporation,
society, order, or voluntary association operating as set forth
in RCW 48.36A.010, 48.36A.020, and 48.36A.030, organized during the war in which the United States entered on
April 6, 1917, with the purposes of assisting the government
of the United States in maintaining and increasing the production of commodities essential for the prosecution of that
war, and of developing loyalty to the United States, or whose
membership is limited to veterans of that war, may be
licensed under the provisions of this chapter and shall have
all the privileges and shall be subject to all the provisions and
regulations of this chapter, except that the provisions of this
chapter requiring death benefits of at least one thousand dollars, medical examinations, and valuations of benefit certificates, shall not apply to such society, but the society may provide benefits in case of death or disability resulting solely
from accidents in an amount not exceeding one thousand dollars and may also provide for death or funeral benefits, or
both, not exceeding one hundred dollars each, and for sick or
disability benefits not exceeding five hundred dollars to any
one person, in any one year. Any corporation, society, order,
or voluntary association organized under the provisions of
this section shall file with the insurance commissioner a copy
of all its rates and policy forms. Rates and policy forms must
be approved by the insurance commissioner before becoming
effective. All rates and forms approved by the commissioner
shall be observed by the society until amended rates or forms
shall have been filed with and approved by the insurance
commissioner. [1987 c 366 § 38.]
48.36A.380
48.36A.390 Fraternal mutual insurers. (1) A domestic mutual property insurer which is affiliated with and is
comprised exclusively of members of a specified fraternal
society that conducts its business and secures its membership
on the lodge system, having ritualistic work and ceremonies,
is herein designated as a fraternal mutual insurer.
(2) Only fraternal mutual property insurers which were
authorized insurers immediately prior to October 1, 1947,
may hereafter be so authorized.
48.36A.390
[Title 48 RCW—page 287]
48.36A.400
Title 48 RCW: Insurance
(3) A fraternal mutual insurer shall be subject to the
applicable provisions of this title governing domestic mutual
insurers except only as to the provisions relative to taxes,
fees, and licenses. The bylaws of such insurer shall be as
adopted or amended by majority vote of its members present
at a duly held meeting of its members, and a copy thereof
shall be filed with the commissioner. Such an insurer shall
pay for its annual license and filing its annual statement, the
sum of ten dollars. Such an insurer shall pay the expense of
examinations of it by the commissioner. The payment shall
be made upon receipt of statements furnished by the commissioner.
(4) A fraternal mutual insurer may insure corporations,
associations, and firms owned by and affiliated with such
society and operated for the benefit of its members, and may
insure corporations and firms a majority of whose shareholders or members are members of such society.
(5) A fraternal mutual insurer shall participate in and
accept its equitable share of insurance to be issued to applicants under any assigned risk plan operating pursuant to
RCW 48.22.020, and may participate in and accept its equitable share of insurance to be issued to applicants under any
similar plan lawfully existing in any state in which the insurer
is authorized to transact insurance, notwithstanding that the
applicants are not otherwise qualified for insurance under
subsection (4) of this section. Applicants who are not qualified by membership or otherwise for acceptance by the
insurer, shall be so assigned to the insurer except to make up
the deficiency, if any, between the number of qualified applicants available for assignment and the maximum quota of
applicants to be assigned to the insurer within the current
period.
(6) A fraternal mutual insurer doing business on the
assessment premium plan:
(a) Shall be exempt also from the provisions of this chapter governing financial qualifications;
(b) Shall not be authorized to transact any kind of insurance other than property insurance, nor have authority to
accept reinsurance.
(7) A fraternal mutual insurer doing business on the cash
premium plan:
(a) May be authorized to transact additional kinds of
insurance, other than life or title insurance, subject to the
same requirements as to surplus funds and reserves as apply
to domestic mutual insurers on the cash premium plan;
(b) May accept reinsurance only of such kinds of insurance as it is authorized to transact direct and only from insurers likewise affiliated with and composed solely of the members of the same designated fraternal society. [1987 c 366 §
39.]
48.36A.400 Fraternal mutual life insurers. (1) A
mutual life insurer which is affiliated with and insures exclusively members of a specified fraternal society, which society
conducts its business and secures its membership on the
lodge system, having ritualistic work and ceremonies, is
herein designated as a fraternal mutual life insurer.
(2) Such an insurer shall be subject to the applicable provisions of this title governing mutual life insurers except only
as to the provisions relative to annual meeting, taxes, fees,
and licenses. Such an insurer shall pay for its annual license
48.36A.400
[Title 48 RCW—page 288]
and filing its annual statement, the sum of ten dollars. Such
an insurer shall pay the expense of examinations of it by the
commissioner, upon statement furnished by the commissioner. [1987 c 366 § 40.]
48.36A.410 Review of commissioner’s decisions and
findings. All decisions and findings of the commissioner
made under the provisions of this chapter shall be subject to
review as provided in chapter 34.05 RCW. [1987 c 366 §
41.]
48.36A.410
48.36A.900 Severability—1987 c 366. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1987 c 366 § 43.]
48.36A.900
48.36A.901 Effective date—1987 c 366. This act shall
take effect January 1, 1988. [1987 c 366 § 45.]
48.36A.901
Chapter 48.37
Chapter 48.37 RCW
MARKET CONDUCT OVERSIGHT
Sections
48.37.005
48.37.010
48.37.020
48.37.030
48.37.040
48.37.050
48.37.060
48.37.070
48.37.080
48.37.090
48.37.100
48.37.110
48.37.120
48.37.130
48.37.140
48.37.900
Short title.
Purpose—Intent.
Application.
Definitions.
Market analysis procedures—Commissioner’s duties—Rules.
Protocols for market conduct actions—Rules—Report to the
legislature.
Market conduct examinations—Procedures—Final orders—
Fees.
Access to records and information—Commissioner’s authority—Depositions, subpoena, and oaths.
Confidentiality.
Market conduct oversight personnel.
Immunity for the commissioner, market conduct oversight
personnel, authorized representatives, and examiners.
Fines and penalties.
Dispute resolution—Rules.
Coordination with other state insurance regulators through the
NAIC.
Additional duties of the commissioner.
Captions not law.
48.37.005 Short title. This chapter may be known and
cited as the market conduct oversight law. [2007 c 82 § 2.]
48.37.005
48.37.010 Purpose—Intent. (1) The purpose of this
chapter is to establish a framework for the commissioner’s
market conduct actions, including:
(a) Processes and systems for identifying, assessing, and
prioritizing market conduct problems that have a substantial
adverse impact on consumers, policyholders, and claimants;
(b) Market conduct actions by the commissioner to substantiate such market conduct problems and a means to remedy significant market conduct problems; and
(c) Procedures to communicate and coordinate market
conduct actions among state insurance regulators to foster the
most efficient and effective use of resources.
(2) It is the intent of the legislature that the market analysis or market conduct process utilize available technology in
the least intrusive and most cost-efficient manner to develop
a baseline understanding of the marketplace and to identify
48.37.010
(2008 Ed.)
Market Conduct Oversight
insurers or practices that deviate significantly from the norm
or that pose a potential risk to the insurance consumer. It is
also the intent of the legislature that this process include discretion for the commissioner to use market conduct examinations when the continuum of available market conduct
actions have not sufficiently addressed issues concerning
insurer activities in Washington, or when the continuum of
available market conduct actions are not reasonably expected
to address issues concerning insurer activities in Washington.
(3) It is further the intent of the legislature that the commissioner work with the national association of insurance
commissioners toward development of an accreditation process for market conduct oversight and an effective process for
domestic deference that creates protections for Washington
consumers and efficient and effective regulation of the industry. [2007 c 82 § 3.]
48.37.020
48.37.020 Application. This chapter applies to all entities regulated by this title, and to all persons or entities acting
as or holding themselves out as insurers in this state, unless
otherwise exempted from the provisions of this title. [2007 c
82 § 4.]
48.37.030
48.37.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Best practices organization" means insurance marketplace standards association or a similar generally recognized organization whose purpose and central mission is the
promotion of high ethical standards in the insurance marketplace.
(2) "Commissioner" means the insurance commissioner
of this state.
(3) "Complaint" means a written or documented oral
communication primarily expressing a grievance, meaning
an expression of dissatisfaction.
(4) "Insurer" means every person engaged in the business of making contracts of insurance and includes every
such entity regardless of name which is regulated by this title.
For purposes of this chapter, health care service contractors
defined in chapter 48.44 RCW, health maintenance organizations defined in chapter 48.46 RCW, fraternal benefit societies defined in chapter 48.36A RCW, and self-funded multiple
employer welfare arrangements defined in chapter 48.125
RCW are defined as insurers.
(5) "Market analysis" means a process whereby market
conduct oversight personnel collect and analyze information
from filed schedules, surveys, required reports, and other
sources in order to develop a baseline understanding of the
marketplace and to identify patterns or practices of insurers
that deviate significantly from the norm or that may pose a
potential risk to the insurance consumer.
(6) "Market conduct action" means any of the full range
of activities that the commissioner may initiate to assess and
address the market conduct practices of insurers admitted to
do business in this state, and entities operating illegally in this
state, beginning with market analysis and extending to examinations. The commissioner’s activities to resolve an individual consumer complaint or other report of a specific instance
(2008 Ed.)
48.37.030
of misconduct are not market conduct actions for purposes of
this chapter.
(7) "Market conduct oversight personnel" means those
individuals employed or contracted by the commissioner to
collect, analyze, review, or act on information on the insurance marketplace that identifies patterns or practices of insurers.
(8) "National association of insurance commissioners"
(NAIC) has the same meaning as in RCW 48.02.140.
(9) "NAIC market regulation handbook" means the outline of the elements and objectives of market analysis developed and adopted by the NAIC, and the process by which
states can establish and implement market analysis programs,
and the set of guidelines developed and adopted by the NAIC
that document established practices to be used by market
conduct oversight personnel in developing and executing an
examination, or a successor product.
(10) "NAIC market conduct uniform examination procedures" means the set of guidelines developed and adopted by
the NAIC designed to be used by market conduct oversight
personnel in conducting an examination, or a successor product.
(11) "NAIC standard data request" means the set of field
names and descriptions developed and adopted by the NAIC
for use by market conduct oversight personnel in market
analysis, market conduct examination, or other market conduct actions, or a successor product.
(12) "Qualified contract examiner" means a person under
contract to the commissioner, who is qualified by education,
experience, and, where applicable, professional designations,
to perform market conduct actions.
(13)(a) "Market conduct examination" means the examination of the insurance operations of an insurer licensed to do
business in this state and entities operating illegally in this
state, in order to evaluate compliance with the applicable
laws and regulations of this state. A market conduct examination may be either a comprehensive examination or a targeted examination. A market conduct examination is separate and distinct from a financial examination of any insurer
performed pursuant to chapter 48.03, 48.44, or 48.46 RCW,
but may be conducted at the same time.
(b) "Comprehensive market conduct examination"
means a review of one or more lines of business of an insurer.
The term includes a review of rating, tier classification,
underwriting, policyholder service, claims, marketing and
sales, producer licensing, complaint handling practices, or
compliance procedures and policies.
(c) "Targeted examination" means a focused examination conducted for cause, based on the results of market analysis indicating the need to review either a specific line or
lines of business, or specific business practices, including but
not limited to: (i) Underwriting and rating; (ii) marketing and
sales; (iii) complaint handling; (iv) operations and management; (v) advertising; (vi) licensing; (vii) policyholder services; (viii) nonforfeitures; (ix) claims handling; and (x) policy forms and filings. A targeted examination may be conducted by desk examination or by an on-site examination.
(d) "Desk examination" means an examination that is
conducted by an examiner at a location other than the
insurer’s premises. A desk examination is usually performed
at the commissioner’s offices with the insurer providing
[Title 48 RCW—page 289]
48.37.040
Title 48 RCW: Insurance
requested documents by hard copy, microfiche, discs, or
other electronic media, for review.
(e) "On-site examination" means an examination conducted at the insurer’s home office or the location where the
records under review are stored.
(14) "Third-party model or product" means a model or
product provided by an entity separate from and not under
direct or indirect corporate control of the insurer using the
model or product.
(15) "Insurance compliance self-evaluative audit" means
a voluntary, internal evaluation, review, assessment, audit, or
investigation for the purpose of identifying or preventing
noncompliance with, or promoting compliance with laws,
regulations, orders, or industry or professional standards,
which is conducted by or on behalf of a company licensed or
regulated under the insurance laws of this state, or which
involves an activity regulated under this title.
(16) "Insurance compliance self-evaluative audit document" means documents prepared as a result of or in connection with an insurance compliance self-evaluative audit. An
insurance compliance self-evaluative audit document may
include:
(a) A written response to the findings of an insurance
compliance self-evaluative audit;
(b) Any supporting information that is collected or
developed for the primary purpose and in the course of an
insurance compliance self-evaluative audit, including but not
limited to field notes and records of observations, findings,
opinions, suggestions, conclusions, drafts, memoranda,
drawings, photographs, exhibits, computer-generated or electronically recorded information, phone records, maps, charts,
graphs, and surveys;
(c) Any of the following:
(i) An insurance compliance self-evaluative audit report
prepared by an auditor, who may be an employee of the company or an independent contractor, which may include the
scope of the audit, the information gained in the audit, conclusions, and recommendations, with exhibits and appendices;
(ii) Memoranda and documents analyzing portions or all
of the insurance compliance self-evaluative audit report and
discussing potential implementation issues;
(iii) An implementation plan that addresses correcting
past noncompliance, improving current compliance, and preventing future noncompliance; or
(iv) Analytic data generated in the course of conducting
the insurance compliance self-evaluative audit. [2007 c 82 §
5.]
48.37.040 Market analysis procedures—Commissioner’s duties—Rules. (1)(a) The commissioner shall collect and report market data information to the NAIC’s market
information systems, including the complaint database system, the examination tracking system, the regulatory retrieval
system, other successor systems, or to additional systems as
the commissioner determines is necessary for market analysis.
(b) Market data and information that is collected and
maintained by the commissioner shall be compiled and submitted in a manner that meets the requirements of the NAIC
and its systems.
48.37.040
[Title 48 RCW—page 290]
(2)(a) Each entity subject to the provisions of this chapter shall file a market conduct annual statement or successor
product, in the general form and context, in the time frame
required by, and according to instructions provided by the
NAIC, for each line of business written in the state of Washington. If a particular line of business does not have an
approved market conduct annual statement form, the company is not required to file a report for that line of business
until such time as [the] NAIC adopts an annual statement
form for that line of business.
(b) The commissioner may, for good cause, grant an
extension of time for filing a market conduct annual statement, if written application for extension is received at least
five business days before the filing due date. Any insurer that
fails to file its market conduct annual statement when due or
by the end of any extension of time for filing, which the commissioner in his or her sole discretion may have granted, is
subject to the penalty and enforcement provisions applicable
to the insurer as found in the Washington insurance code.
(3)(a) The commissioner shall gather information from
data currently available to the commissioner, surveys,
required reports, information collected by the NAIC, other
sources in both the public or private sectors, and information
from within and outside the insurance industry. The commissioner may request insurers to submit data and information
that is necessary to conduct market analysis and shall adopt
rules that provide for access to records and compliance with
the request, that do not cause undue burden or cost to the consumer or insurer.
(b) The information shall be analyzed in order to develop
a baseline understanding of the marketplace and to identify
for further review insurers or practices that deviate significantly from the norm or that may pose a potential risk to the
insurance consumer. The commissioner shall use the NAIC
market regulation handbook as one resource in performing
this analysis.
(c) The commissioner shall adopt by rule a process for
verification by an insurer of Washington state-specific complaint information concerning that insurer before using the
complaint information for market conduct surveillance purposes or transmitting it to NAIC databases after July 1, 2007.
(4)(a) If the commissioner determines, as a result of market analysis, that further inquiry into a particular insurer or
practice is needed, the following continuum of market actions
may be considered before conducting a market conduct
examination. The commissioner shall not be required to follow the exact sequence of market conduct actions in the continuum or to use all actions in the continuum. As part of the
chosen continuum action, the commissioner must discuss
with the insurer the data used to choose the option and provide the insurer with an opportunity for data verification at
that time. These actions may include, but are not limited to:
(i) Correspondence with the insurer;
(ii) Insurer interviews;
(iii) Information gathering;
(iv) Policy and procedure reviews;
(v) Interrogatories;
(vi) Review of insurer self-evaluation and compliance
programs. This may include consideration of the insurer’s
membership in a best practices organization, if the commissioner is satisfied that the organization’s qualification process
(2008 Ed.)
Market Conduct Oversight
is likely to provide reasonable assurance of compliance with
pertinent insurance laws;
(vii) Desk examinations; and
(viii) Investigations.
(b) Except in extraordinary circumstances, the commissioner shall select the least intrusive and most cost-effective
market conduct action that the commissioner determines will
provide the necessary protections for consumers.
(5) The commissioner shall take those steps reasonably
necessary to eliminate duplicative inquiries. The commissioner shall not request insurers to submit data or information
provided as part of an insurer’s annual financial statement,
the annual market conduct statement of the NAIC, or other
required schedules, surveys, or reports that are regularly submitted to the commissioner, or with data requests made by
other states if that information is available to the commissioner, unless the information is state specific. The commissioner shall coordinate market conduct actions and findings
with other state insurance regulators.
(6) For purposes of conducting an examination or other
market conduct action on an insurer, the commissioner may
examine or conduct a market conduct action on any managing general agent or other person, insofar as that examination
or market conduct action is, in the sole discretion of the commissioner, necessary or material to the examination or market
conduct action of the insurer. [2007 c 82 § 6.]
48.37.050 Protocols for market conduct actions—
Rules—Report to the legislature. (1) Market conduct
actions shall be taken as a result of market analysis and shall
focus on the general business practices and compliance activities of insurers, rather than identifying obviously infrequent
or unintentional random errors that do not cause significant
consumer harm.
(2)(a) The commissioner is authorized to determine the
frequency and timing of such market conduct actions. The
timing shall depend upon the specific market conduct action
to be initiated, unless extraordinary circumstances indicating
a risk to consumers require immediate action.
(b) If the commissioner has information that more than
one insurer is engaged in common practices that may violate
statutes or rules, the commissioner may schedule and coordinate multiple examinations simultaneously.
(3) The insurer shall be given reasonable opportunity to
resolve matters that arise as a result of a market analysis to
the satisfaction of the commissioner before any additional
market conduct actions are taken against the insurer.
(4) The commissioner shall adopt by rule, under chapter
34.05 RCW, procedures and documents that are substantially
similar to the NAIC work products defined or referenced in
this chapter. Market analysis, market conduct actions, and
market conduct examinations shall be performed in accordance with the rule.
(5) At the beginning of the next legislative session after
the adoption of the rules adopted under the authority of this
section, the commissioner shall report to the appropriate policy committees of the legislature what rules were adopted;
what statutory policies these rules were intended to implement; and such other matters as are indicated for the legislature’s understanding of the role played by the NAIC in regu48.37.050
(2008 Ed.)
48.37.060
lation of the insurance industry of Washington. [2007 c 82 §
7.]
48.37.060 Market conduct examinations—Procedures—Final orders—Fees. (1) When the commissioner
determines that other market conduct actions identified in
RCW 48.37.040(4)(a) have not sufficiently addressed issues
raised concerning company activities in Washington state,
the commissioner has the discretion to conduct market conduct examinations in accordance with the NAIC market conduct uniform examination procedures and the NAIC market
regulation handbook.
(2)(a) In lieu of an examination of an insurer licensed in
this state, the commissioner shall accept an examination
report of another state, unless the commissioner determines
that the other state does not have laws substantially similar to
those of this state, or does not have a market oversight system
that is comparable to the market conduct oversight system set
forth in this law.
(b) The commissioner’s determination under (a) of this
subsection is discretionary with the commissioner and is not
subject to appeal.
(c) If the insurer to be examined is part of an insurance
holding company system, the commissioner may also seek to
simultaneously examine any affiliates of the insurer under
common control and management which are licensed to write
the same lines of business in this state.
(3) Before commencement of a market conduct examination, market conduct oversight personnel shall prepare a
work plan consisting of the following:
(a) The name and address of the insurer being examined;
(b) The name and contact information of the examinerin-charge;
(c) The name of all market conduct oversight personnel
initially assigned to the market conduct examination;
(d) The justification for the examination;
(e) The scope of the examination;
(f) The date the examination is scheduled to begin;
(g) Notice of any noninsurance department personnel
who will assist in the examination;
(h) A time estimate for the examination;
(i) A budget for the examination if the cost of the examination is billed to the insurer; and
(j) An identification of factors that will be included in the
billing if the cost of the examination is billed to the insurer.
(4)(a) Within ten days of the receipt of the information
contained in subsection (3) of this section, insurers may
request the commissioner’s discretionary review of any
alleged conflict of interest, pursuant to RCW 48.37.090(2), of
market conduct oversight personnel and noninsurance
department personnel assigned to a market conduct examination. The request for review shall specifically describe the
alleged conflict of interest in the proposed assignment of any
person to the examination.
(b) Within five business days of receiving a request for
discretionary review of any alleged conflict of interest in the
proposed assignment of any person to a market conduct
examination, the commissioner or designee shall notify the
insurer of any action regarding the assignment of personnel
to a market conduct examination based on the insurer’s allegation of conflict of interest.
48.37.060
[Title 48 RCW—page 291]
48.37.060
Title 48 RCW: Insurance
(5) Market conduct examinations shall, to the extent feasible, use desk examinations and data requests before an onsite examination.
(6) Market conduct examinations shall be conducted in
accordance with the provisions set forth in the NAIC market
regulation handbook and the NAIC market conduct uniform
examinations procedures, subject to the precedence of the
provisions of chapter 82, Laws of 2007.
(7) The commissioner shall use the NAIC standard data
request.
(8) Announcement of the examination shall be sent to the
insurer and posted on the NAIC’s examination tracking system as soon as possible but in no case later than sixty days
before the estimated commencement of the examination,
except where the examination is conducted in response to
extraordinary circumstances as described in RCW
48.37.050(2)(a). The announcement sent to the insurer shall
contain the examination work plan and a request for the
insurer to name its examination coordinator.
(9) If an examination is expanded significantly beyond
the original reasons provided to the insurer in the notice of
the examination required by subsection (3) of this section, the
commissioner shall provide written notice to the insurer,
explaining the expansion and reasons for the expansion. The
commissioner shall provide a revised work plan if the expansion results in significant changes to the items presented in
the original work plan required by subsection (3) of this section.
(10) The commissioner shall conduct a preexamination
conference with the insurer examination coordinator and key
personnel to clarify expectations at least thirty days before
commencement of the examination, unless otherwise agreed
by the insurer and the commissioner.
(11) Before the conclusion of the field work for market
conduct examination, the examiner-in-charge shall review
examination findings to date with insurer personnel and
schedule an exit conference with the insurer, in accordance
with procedures in the NAIC market regulation handbook.
(12)(a) No later than sixty days after completion of each
market conduct examination, the commissioner shall make a
full written report of each market conduct examination containing only facts ascertained from the accounts, records, and
documents examined and from the sworn testimony of individuals, and such conclusions and recommendations as may
reasonably be warranted from such facts.
(b) The report shall be certified by the commissioner or
by the examiner-in-charge of the examination, and shall be
filed in the commissioner’s office subject to (c) of this subsection.
(c) The commissioner shall furnish a copy of the market
conduct examination report to the person examined not less
than ten days and, unless the time is extended by the commissioner, not more than thirty days prior to the filing of the
report for public inspection in the commissioner’s office. If
the person so requests in writing within such period, the commissioner shall hold a hearing to consider objections of such
person to the report as proposed, and shall not so file the
report until after such hearing and until after any modifications in the report deemed necessary by the commissioner
have been made.
[Title 48 RCW—page 292]
(d) Within thirty days of the end of the period described
in (c) of this subsection, unless extended by order of the commissioner, the commissioner shall consider the report,
together with any written submissions or rebuttals and any
relevant portions of the examiner’s work papers and enter an
order:
(i) Adopting the market conduct examination report as
filed or with modification or corrections. If the market conduct examination report reveals that the company is operating
in violation of any law, rule, or order of the commissioner,
the commissioner may order the company to take any action
the commissioner considers necessary and appropriate to
cure that violation;
(ii) Rejecting the market conduct examination report
with directions to the examiners to reopen the examination
for purposes of obtaining additional data, documentation, or
information, and refiling under this subsection; or
(iii) Calling for an investigatory hearing with no less
than twenty days’ notice to the company for purposes of
obtaining additional documentation, data, information, and
testimony.
(e) All orders entered under (d) of this subsection must
be accompanied by findings and conclusions resulting from
the commissioner’s consideration and review of the market
conduct examination report, relevant examiner work papers,
and any written submissions or rebuttals. The order is considered a final administrative decision and may be appealed
under the administrative procedure act, chapter 34.05 RCW,
and must be served upon the company by certified mail or
certifiable electronic means, together with a copy of the
adopted examination report. A copy of the adopted examination report must be sent by certified mail or certifiable electronic means to each director at the director’s residential
address or to a personal e-mail account.
(f)(i) Upon the adoption of the market conduct examination report under (d) of this subsection, the commissioner
shall continue to hold the content of the examination report as
private and confidential information for a period of five days
except that the order may be disclosed to the person examined. Thereafter, the commissioner may open the report for
public inspection so long as no court of competent jurisdiction has stayed its publication.
(ii) If the commissioner determines that regulatory
action is appropriate as a result of any market conduct examination, he or she may initiate any proceedings or actions as
provided by law.
(iii) Nothing contained in this subsection requires the
commissioner to disclose any information or records that
would indicate or show the existence or content of any investigation or activity of a criminal justice agency.
(g) The insurer’s response shall be included in the commissioner’s order adopting the final report as an exhibit to the
order. The insurer is not obligated to submit a response.
(13) The commissioner may withhold from public
inspection any examination or investigation report for so long
as he or she deems it advisable.
(14)(a) Market conduct examinations within this state of
any insurer domiciled or having its home offices in this state,
other than a title insurer, made by the commissioner or the
commissioner’s examiners and employees shall, except as to
(2008 Ed.)
Market Conduct Oversight
fees, mileage, and expense incurred as to witnesses, be at the
expense of the state.
(b) Every other examination, whatsoever, or any part of
the market conduct examination of any person domiciled or
having its home offices in this state requiring travel and services outside this state, shall be made by the commissioner or
by examiners designated by the commissioner and shall be at
the expense of the person examined; but a domestic insurer
shall not be liable for the compensation of examiners
employed by the commissioner for such services outside this
state.
(c) When making a market conduct examination under
this chapter, the commissioner may contract, in accordance
with applicable state contracting procedures, for qualified
attorneys, appraisers, independent certified public accountants, contract actuaries, and other similar individuals who
are independently practicing their professions, even though
those persons may from time to time be similarly employed
or retained by persons subject to examination under this
chapter, as examiners as the commissioner deems necessary
for the efficient conduct of a particular examination. The
compensation and per diem allowances paid to such contract
persons shall be reasonable in the market and time incurred,
shall not exceed one hundred twenty-five percent of the compensation and per diem allowances for examiners set forth in
the guidelines adopted by the national association of insurance commissioners, unless the commissioner demonstrates
that one hundred twenty-five percent is inadequate under the
circumstances of the examination, and subject to the provisions of (a) of this subsection.
(d)(i) The person examined and liable shall reimburse
the state upon presentation of an itemized statement thereof,
for the actual travel expenses of the commissioner’s examiners, their reasonable living expenses allowance, and their per
diem compensation, including salary and the employer’s cost
of employee benefits, at a reasonable rate approved by the
commissioner, incurred on account of the examination. Per
diem, salary, and expenses for employees examining insurers
domiciled outside the state of Washington shall be established by the commissioner on the basis of the national association of insurance commissioner’s recommended salary
and expense schedule for zone examiners, or the salary
schedule established by the director of the Washington
department of personnel and the expense schedule established by the office of financial management, whichever is
higher. A domestic title insurer shall pay the examination
expense and costs to the commissioner as itemized and billed
by the commissioner.
(ii) The commissioner or the commissioner’s examiners
shall not receive or accept any additional emolument on
account of any examination.
(iii) Market conduct examination fees subject to being
reimbursed by an insurer shall be itemized and bills shall be
provided to the insurer on a monthly basis for review prior to
submission for payment, or as otherwise provided by state
law.
(e) Nothing contained in this chapter limits the commissioner’s authority to terminate or suspend any examination in
order to pursue other legal or regulatory action under the
insurance laws of this state. Findings of fact and conclusions
(2008 Ed.)
48.37.070
made pursuant to any examination are prima facie evidence
in any legal or regulatory action.
(f) The commissioner shall maintain active management
and oversight of market conduct examination costs, including
costs associated with the commissioner’s own examiners,
and with retaining qualified contract examiners necessary to
perform an examination. Any agreement with a contract
examiner shall:
(i) Clearly identify the types of functions to be subject to
outsourcing;
(ii) Provide specific timelines for completion of the outsourced review;
(iii) Require disclosure to the insurer of contract examiners’ recommendations;
(iv) Establish and use a dispute resolution or arbitration
mechanism to resolve conflicts with insurers regarding examination fees; and
(v) Require disclosure of the terms of the contracts with
the outside consultants that will be used, specifically the fees
and/or hourly rates that can be charged.
(g) The commissioner, or the commissioner’s designee,
shall review and affirmatively endorse detailed billings from
the qualified contract examiner before the detailed billings
are sent to the insurer. [2008 c 100 § 2; 2007 c 82 § 8.]
48.37.070 Access to records and information—Commissioner’s authority—Depositions, subpoena, and oaths.
(1) Except as otherwise provided by law, market conduct
oversight personnel shall have free, convenient, and full
access to all books, records, employees, officers, and directors, as practicable, of the insurer during regular business
hours.
(2) An insurer using a third-party model or product for
any of the activities under examination shall cause, upon the
request of market conduct oversight personnel, the details of
such models or products to be made available to such personnel.
(3) Each officer, director, employee, and agent of an
insurer shall facilitate and aid in a market conduct action or
examination.
(4) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information
shall occur as a result of disclosure to the commissioner, any
employee of the office of the insurance commissioner, or any
agent retained by the office of the insurance commissioner to
assist in the market conduct examination under this chapter.
(5)(a) The commissioner may take depositions, subpoena witnesses or documentary evidence, administer oaths,
and examine under oath any individual relative to the affairs
of any person being examined, or relative to the subject of
any hearing or investigation: PROVIDED, That the provisions of RCW 34.05.446 shall apply in lieu of the provisions
of this section as to subpoenas relative to hearings in rulemaking and adjudicative proceedings.
(b) The subpoena shall be effective if served within the
state of Washington and shall be served in the same manner
as if issued from a court of record.
(c) Witness fees and mileage, if claimed, shall be
allowed the same as for testimony in a court of record. Witness fees, mileage, and the actual expenses necessarily
incurred in securing attendance of witnesses and their testi48.37.070
[Title 48 RCW—page 293]
48.37.080
Title 48 RCW: Insurance
mony shall be itemized, and shall be paid by the person as to
whom the examination is being made, or by the person if
other than the commissioner, at whose request the hearing is
held.
(d) Enforcement of subpoenas shall be in accordance
with RCW 34.05.588.
(6) In order to assist in the performance of the commissioner’s duties, the commissioner may:
(a) Share documents, materials, market conduct examination reports, preliminary market conduct examination
reports, and other matters related to such reports, or other
information, including the confidential and privileged documents, materials, or information subject to subsection (1) of
this section, with other state, federal, and international regulatory agencies and law enforcement authorities, and the
NAIC and its affiliates and subsidiaries, provided that the
recipient agrees to and asserts that it has the legal authority to
maintain the confidentiality and privileged status of the document, material, communication, or other information;
(b) Receive documents, materials, communications, or
information, including otherwise confidential and privileged
documents, materials, or information, from the NAIC and its
affiliates or subsidiaries, and from regulatory and law
enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any
document, material, or information received with notice or
the understanding that it is confidential or privileged under
the laws of the jurisdiction that is the source of the document,
material, or information; and
(c) Enter into agreements governing the sharing and use
of information consistent with this subsection. [2007 c 82 §
9.]
48.37.080 Confidentiality. (1) All data and documents,
including but not limited to working papers, third-party models or products, complaint logs, and copies thereof, created,
produced, or obtained by or disclosed to the commissioner,
the commissioner’s authorized representative, or an examiner
appointed by the commissioner in the course of any market
conduct actions or examinations made under this chapter, or
in the course of market analysis by the commissioner of the
market conditions of an insurer, or obtained by the NAIC as
a result of any of the provisions of this chapter, to the extent
the documents are in the possession of the commissioner or
the NAIC, shall be confidential by law and privileged, shall
not be subject to the provisions of chapter 42.56 RCW, shall
not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.
(2) If the commissioner elects to issue a report of an
examination, a preliminary or draft market conduct examination report is confidential and not subject to disclosure by the
commissioner nor is it subject to subpoena or discovery. This
subsection does not limit the commissioner’s authority to use
a preliminary or draft market conduct examination report and
related information in furtherance of any legal or regulatory
action, or to release it in accordance with the provisions of
RCW 48.02.065.
(3) An insurance compliance self-evaluative audit document in the possession of the commissioner is confidential by
law and privileged, and shall not be:
(a) Made public by the commissioner;
48.37.080
[Title 48 RCW—page 294]
(b) Subject to the provisions of chapter 42.56 RCW;
(c) Subject to subpoena; and
(d) Subject to discovery and admissible in evidence in
any private civil action.
(4) Neither the disclosure of any self-evaluative audit
document to the commissioner or to the commissioner’s designee nor the citation to this document in connection with an
agency action shall constitute a waiver of any privilege that
may otherwise apply. [2007 c 82 § 10.]
48.37.090 Market conduct oversight personnel. (1)
Market conduct oversight personnel shall be qualified by
education, experience, and, where applicable, professional
designations. The commissioner may supplement the inhouse market conduct oversight staff with qualified outside
professional assistance if the commissioner determines that
the assistance is necessary.
(2) Market conduct oversight personnel have a conflict
of interest, either directly or indirectly, if they are affiliated
with the management of, and have, within five years of any
market conduct action, been employed by, or own a pecuniary interest in the insurer, subject to any examination under
this chapter. This section shall not be construed to automatically preclude an individual from being:
(a) A policyholder or claimant under an insurance policy;
(b) A grantor of a mortgage or similar instrument on the
individual’s residence from a regulated entity, if done under
customary terms and in the ordinary course of business;
(c) An investment owner in shares of regulated diversified investment companies; or
(d) A settlor or beneficiary of a "blind trust" into which
any otherwise impermissible holdings have been placed.
[2007 c 82 § 11.]
48.37.090
48.37.100 Immunity for the commissioner, market
conduct oversight personnel, authorized representatives,
and examiners. (1) No cause of action shall arise, nor shall
any liability be imposed against the commissioner, the commissioner’s authorized representatives, market conduct oversight personnel, or an examiner appointed by the commissioner for any statements made, or conduct performed in
good faith while carrying out the provisions of this chapter.
(2) No cause of action shall arise, nor shall any liability
be imposed against any person for the act of communicating
or delivering information or data to the commissioner or the
commissioner’s authorized representative, market conduct
oversight personnel, or examiner, under an examination
made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent
or the intent to deceive.
(3) A person identified in subsection (1) of this section is
entitled to an award of attorneys’ fees and costs if he or she is
the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter, and the party bringing the action was not substantially justified in doing so. For
purposes of this section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that
it was initiated.
48.37.100
(2008 Ed.)
Charitable Gift Annuity Business
(4) If a claim is made or threatened as described in subsection (1) of this section, the commissioner shall provide or
pay for the defense of himself or herself, the examiner or representative, and shall pay a judgment or settlement, until it is
determined that the person did not act in good faith or did act
with fraudulent intent or the intent to deceive.
(5) The immunity, indemnification, and other protections under this section are in addition to those now or hereafter existing under other law.
(6) This section does not abrogate or modify in any way
any common law or statutory privilege or immunity, now or
hereafter existing under this section or other law, enjoyed by
any person identified in subsection (1) of this section. [2007
c 82 § 12.]
48.37.110 Fines and penalties. (1) Fines and penalties,
applicable to the insurer as found in the Washington insurance code, levied as a result of a market conduct action or
examination shall be consistent, reasonable, and justified.
(2) The commissioner shall take into consideration
actions taken by insurers to maintain membership in, and
comply with the standards of, best practices organizations,
and the extent to which insurers maintain regulatory compliance programs to self-assess, self-report, and remediate problems detected, and may include those considerations in determining the appropriate fines or penalties levied in accordance
with subsection (1) of this section.
(3) Commissioner enforcement actions shall not be
based solely on violations identified in the insurer self-evaluative audit document, unless the commissioner confirms both
that the violations occurred and that the insurer has not taken
reasonable action based on the self-evaluative audit document to resolve and remediate the identified violations.
[2007 c 82 § 13.]
48.37.110
48.37.120 Dispute resolution—Rules. (1) At any point
in the market analysis, the insurer may request a review and
resolution of issues by identifying the issues either orally or
in writing to the market conduct oversight manager, or deputy insurance commissioner responsible for market conduct
oversight. At each level, a response to the insurer shall be
provided within five business days.
(2) At any point in the market conduct examination, the
insurer may request a review and resolution of issues either
orally or in writing to the market conduct oversight manager,
or deputy insurance commissioner responsible for market
conduct oversight. At each level, a response to the insurer
shall be provided within five business days. This authorization for dispute resolution shall be secondary to the specific
procedures set forth in RCW 48.37.060.
(3) After the deputy insurance commissioner responsible
for market conduct oversight has responded to an insurer’s
issues, the insurer may request mediation of the issues. The
insurance commissioner shall adopt by rule a process to govern mediation of insurer market conduct oversight issues.
That rule shall:
(a) Provide for the selection by the commissioner of a
panel of preapproved mediators;
(b) Require that insurers, upon notice of the start of a
market analysis process or the start of a market conduct
48.37.120
(2008 Ed.)
Chapter 48.38
examination, identify from the preapproved list a mediator
and an alternative mediator;
(c) Require the party requesting mediation to pay the
costs of the mediator; and
(d) Provide for other rule provisions as are reasonably
necessary for the efficient operation of a mediation process.
(4) At any point in the dispute resolution process contained in this section, the insurer may commence an adjudicative proceeding under chapters 48.04 and 34.05 RCW. [2007
c 82 § 14.]
48.37.130 Coordination with other state insurance
regulators through the NAIC. (1) The commissioner shall
share information and coordinate the commissioner’s market
analysis, market conduct actions, and examination efforts
with other state insurance regulators. Such matters will be
coordinated in accordance with guidelines adopted by the
NAIC.
(2)(a) If a market conduct examination or action performed by another state insurance regulator results in a finding that an insurer should modify a specific practice or procedure, the commissioner shall, in lieu of conducting a market
conduct action or examination, accept verification that the
insurer made a similar modification in this state, unless the
commissioner determines that the other state does not have
laws substantially similar to those of this state, or does not
have a market conduct oversight system that is comparable to
the market conduct oversight system set forth in this chapter.
(b) The commissioner’s determination under (a) of this
subsection is discretionary with the commissioner and is not
subject to appeal. [2007 c 82 § 15.]
48.37.130
48.37.140 Additional duties of the commissioner. (1)
The commissioner shall designate a specific person or persons within the commissioner’s office whose responsibilities
shall include the receipt of information from employees of
insurers and licensed entities concerning violations of laws or
rules by their employers, as defined in this chapter. These
persons shall be provided with proper training on the handling of such information. The information shall be confidential and not open to public inspection.
(2) At least once per year, or more frequently if deemed
necessary, the commissioner shall make available in an
appropriate manner to insurers and other entities subject to
the scope of this title, information on new laws and regulations, enforcement actions, and other information the commissioner deems pertinent to ensure compliance with market
conduct requirements. [2007 c 82 § 16.]
48.37.140
48.37.900 Captions not law. Captions used in this
chapter are not any part of the law. [2007 c 82 § 18.]
48.37.900
Chapter 48.38 RCW
CHARITABLE GIFT ANNUITY BUSINESS
Chapter 48.38
Sections
48.38.010
48.38.012
Certificate of exemption—Qualification for—Application,
contents—Minimum unrestricted net assets—"Qualified
actuary" defined.
Minimum unrestricted net assets required.
[Title 48 RCW—page 295]
48.38.010
48.38.020
48.38.030
48.38.040
48.38.042
48.38.050
48.38.060
48.38.070
48.38.075
Title 48 RCW: Insurance
Separate reserve fund—Treatment of assets—Minimum
amounts—Revocation of certificate upon violation—Purchase of single premium life annuity.
Charitable annuity contract or policy form—Contents.
Certificate holder exempt from certain title provisions—Chapter 48.31 RCW applies.
Certificate holder—Variable annuity business prohibited.
Grounds for denial, revocation, or suspension of certificate of
exemption—Fine may be levied.
Hearings and appeals provisions inapplicable.
Enforcement powers and duties.
Rules.
48.38.010 Certificate of exemption—Qualification
for—Application, contents—Minimum unrestricted net
assets—"Qualified actuary" defined. The commissioner
may grant a certificate of exemption to any insurer or educational, religious, charitable, or scientific institution conducting a charitable gift annuity business:
(1) Which is organized and operated exclusively as, or
for the purpose of aiding, an educational, religious, charitable, or scientific institution which is organized as a nonprofit
organization without profit to any person, firm, partnership,
association, corporation, or other entity;
(2) Which possesses a current tax exempt status under
the laws of the United States;
(3) Which serves such purpose by issuing charitable gift
annuity contracts only for the benefit of such educational,
religious, charitable, or scientific institution;
(4) Which appoints the insurance commissioner as its
true and lawful attorney upon whom may be served lawful
process in any action, suit, or proceeding in any court, which
appointment shall be irrevocable, shall bind the insurer or
institution or any successor in interest, shall remain in effect
as long as there is in force in this state any contract made or
issued by the insurer or institution, or any obligation arising
therefrom, and shall be processed in accordance with RCW
48.05.210;
(5) Which is fully and legally organized and qualified to
do business and has been actively doing business under the
laws of the state of its domicile for a period of at least three
years prior to its application for a certificate of exemption;
(6) Which has and maintains minimum unrestricted net
assets of five hundred thousand dollars. "Unrestricted net
assets" means the excess of total assets over total liabilities
that are neither permanently restricted nor temporarily
restricted by donor-imposed stipulations;
(7) Which files with the insurance commissioner its
application for a certificate of exemption showing:
(a) Its name, location, and organization date;
(b) The kinds of charitable annuities it proposes to offer;
(c) A statement of the financial condition, management,
and affairs of the organization and any affiliate thereof, as
that term is defined in RCW 48.31B.005, on a form satisfactory to, or furnished by the insurance commissioner;
(d) Such other documents, stipulations, or information as
the insurance commissioner may reasonably require to evidence compliance with the provisions of this chapter;
(8) Which subjects itself and any affiliate thereof, as that
term is defined in RCW 48.31B.005, to periodic examinations conducted under chapter 48.03 RCW as may be deemed
necessary by the insurance commissioner;
(9) Which files with the insurance commissioner for the
commissioner’s advance approval a copy of any policy or
48.38.010
[Title 48 RCW—page 296]
contract form to be offered or issued to residents of this state.
The grounds for disapproval of the policy or contract form
shall be those set forth in RCW 48.18.110; and
(10) Which:
(a) Files with the insurance commissioner on or before
March 1 of each year a copy of its annual statement prepared
pursuant to the laws of its state of domicile, as well as such
other financial material as may be requested, including the
annual statement or other such financial materials as may be
requested relating to any affiliate, as that term is defined in
RCW 48.31B.005; and
(b) Coincident with the filing of its annual statement,
pays an annual filing fee of twenty-five dollars plus five dollars for each charitable gift annuity contract written for residents of this state during the previous calendar year; and
(c) Which includes on or attaches to the first page of the
annual statement the statement of a qualified actuary setting
forth the actuary’s opinion relating to annuity reserves and
other actuarial items. "Qualified actuary" as used in this subsection means a member in good standing of the American
academy of actuaries or a person who has otherwise demonstrated actuarial competence to the satisfaction of the insurance regulatory official of the domiciliary state. [1998 c 284
§ 1; 1979 c 130 § 6.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.012 Minimum unrestricted net assets required.
After June 30, 1998, an insurer or institution which does not
have the minimum unrestricted net assets required by RCW
48.38.010(6) may not issue any new charitable gift annuities
until the insurer or institution has and maintains the minimum
unrestricted net assets required by RCW 48.38.010(6). [1998
c 284 § 7.]
48.38.012
48.38.020 Separate reserve fund—Treatment of
assets—Minimum amounts—Revocation of certificate
upon violation—Purchase of single premium life annuity.
(1) Upon granting to such insurer or institution under RCW
48.38.010 a certificate of exemption to conduct a charitable
gift annuity business, the insurance commissioner shall
require it to establish and maintain a separate reserve fund
adequate to meet the future payments under its charitable gift
annuity contracts.
(2) The assets of the separate reserve fund:
(a) Shall be held legally and physically segregated from
the other assets of the certificate of exemption holder;
(b) Shall be invested in the same manner that persons of
reasonable prudence, discretion, and intelligence exercise in
the management of a like enterprise, not in regard to speculating but in regard to the permanent disposition of their funds,
considering the probable income as well as the probable
safety of their capital. Investments shall be of sufficient
value, liquidity, and diversity to assure the insurer or institution’s ability to meet its outstanding obligations; and
(c) Shall not be liable for any debts of the insurer or institution holding a certificate of exemption under this chapter,
other than those incurred pursuant to the issuance of charitable gift annuities.
(3) The amount of the separate reserve fund shall be:
48.38.020
(2008 Ed.)
Charitable Gift Annuity Business
(a) For contracts issued prior to July 1, 1998, not less
than an amount computed in accordance with the standard of
valuation based on the 1971 individual annuity mortality
table with six percent interest for single premium immediate
annuity contracts and four percent interest for all other individual annuity contracts;
(b) For contracts issued on or after July 1, 1998, in an
amount not less than the aggregate reserves calculated
according to the standards set forth in RCW 48.74.030 for
other annuities with no cash settlement options;
(c) Plus a surplus of ten percent of the combined
amounts under (a) and (b) of this subsection.
(4) The general assets of the insurer or institution holding a certificate of exemption under this chapter shall be liable for the payment of annuities to the extent that the separate
reserve fund is inadequate.
(5) For any failure on its part to establish and maintain
the separate reserve fund, the insurance commissioner shall
revoke its certificate of exemption.
(6) If an institution holding a certificate of exemption
under RCW 48.38.010 has purchased a single premium life
annuity that pays the entire amount stipulated in the gift
annuity agreement or agreements from an insurer (a) holding
a certificate of authority under chapter 48.05 RCW, (b)
licensed in the state in which the institution has its principle
office, and (c) licensed in the state in which the single premium life annuity is issued, then in determining the minimum
reserve fund that must be maintained under this section, a
deduction shall be allowed from the minimum reserve fund in
an amount not exceeding the reserve fund amount required
for the annuity or annuities for which the single premium life
annuity is purchased, subject to the following conditions:
(i) The institution has filed with the commissioner a copy
of the single premium life annuity purchased and specifying
which charitable gift annuity or annuities are being insured;
and
(ii) The institution has entered into a written agreement
with the annuitant and the insurer issuing the single premium
life annuity providing that if for any reason the institution is
unable to continue making the annuity payments required by
its annuity agreements, the annuitants shall receive payments
directly from the insurer and the insurer shall be credited with
all of these direct payments in the accounts between the
insurer and the institution. [2002 c 295 § 1; 1998 c 284 § 2;
1979 c 130 § 7.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.030 Charitable annuity contract or policy
form—Contents. Each charitable annuity contract or policy
form must include the following information:
(1) The value of the property to be transferred;
(2) The amount of the annuity to be paid to the transferor
or the transferor’s nominee;
(3) The manner in which and the intervals at which payment is to be made;
(4) The age of the person during whose life payment is to
be made; and
(5) The reasonable value as of the date of the agreement
of the benefits created. This value may not exceed by more
than fifteen percent the net single premium for the benefits,
48.38.030
(2008 Ed.)
48.38.070
determined according to the standard of valuation set forth in
RCW 48.38.020(3). [2005 c 223 § 24; 1979 c 130 § 8.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.040 Certificate holder exempt from certain
title provisions—Chapter 48.31 RCW applies. (1) An
insurer or institution holding a certificate of exemption under
this chapter shall be exempt from all other provisions of this
title except as specifically enumerated in this chapter by reference.
(2) An insurer or institution holding a certificate of
exemption under this chapter is subject to chapter 48.31
RCW. [1998 c 284 § 3; 1979 c 130 § 9.]
48.38.040
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.042 Certificate holder—Variable annuity business prohibited. An insurer or institution holding a certificate of exemption to issue charitable gift annuities under this
chapter shall not transact or be authorized to transact a variable annuity business as described in chapter 48.18A RCW.
[1998 c 284 § 5.]
48.38.042
48.38.050 Grounds for denial, revocation, or suspension of certificate of exemption—Fine may be levied. (1)
The insurance commissioner may refuse to grant, or may
revoke or suspend, a certificate of exemption if the insurance
commissioner finds that the insurer or institution does not
meet the requirements of this chapter or if the insurance commissioner finds that the insurer or institution has violated
RCW 48.01.030 or any provisions of chapter 48.30 RCW or
is found by the insurance commissioner to be in such condition that its further issuance of charitable gift annuities would
be hazardous to annuity contract holders and the people of
this state.
(2) After hearing or with the consent of the insurer or
institution and in addition to or in lieu of the suspension,
revocation, or refusal to renew any certificate of exemption,
the commissioner may levy a fine upon the insurer or institution in an amount not more than ten thousand dollars. The
order levying such a fine shall specify the period within
which the fine shall be fully paid and which period shall not
be less than fifteen nor more than thirty days from the date of
the order. Upon failure to pay such a fine when due the commissioner shall revoke the certificate of exemption of the
insurer or institution if not already revoked, and the fine shall
be recovered in a civil action brought in behalf of the commissioner by the attorney general. Any fine so collected shall
be paid by the commissioner to the state treasurer for the
account of the general fund. [1998 c 284 § 4; 1979 c 130 §
10.]
48.38.050
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.060 Hearings and appeals provisions inapplicable. For purposes of this chapter, the provisions of chapter
48.04 RCW are applicable. [1979 c 130 § 11.]
48.38.060
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.070 Enforcement powers and duties. For the
purposes of this chapter, the insurance commissioner has the
48.38.070
[Title 48 RCW—page 297]
48.38.075
Title 48 RCW: Insurance
same powers and duties of enforcement as are provided in
RCW 48.02.080. [1979 c 130 § 12.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.075 Rules. The commissioner may adopt rules to
implement and administer this chapter. [1998 c 284 § 6.]
48.38.075
Chapter 48.41 RCW
HEALTH INSURANCE COVERAGE ACCESS ACT
Chapter 48.41
Sections
48.41.010
48.41.020
48.41.030
48.41.037
48.41.040
48.41.050
48.41.060
48.41.070
48.41.080
48.41.090
48.41.100
48.41.110
48.41.120
48.41.130
48.41.140
48.41.150
48.41.160
48.41.170
48.41.190
48.41.200
48.41.210
48.41.220
48.41.900
48.41.910
Short title.
Intent.
Definitions.
Washington state health insurance pool account.
Health insurance pool—Creation, membership, organization,
operation, rules.
Operation plan—Contents.
Board powers and duties.
Examination and report.
Pool administrator—Selection, term, duties, pay.
Financial participation in pool—Computation, deficit assessments.
Eligibility for coverage.
Policy coverage—Eligible expenses, cost containment, limits—Explanatory brochure.
Comprehensive pool policy—Deductibles—Coinsurance—
Carryover.
Policy forms—Approval required.
Coverage for children, unmarried dependents.
Medical supplement policy.
Pool policy requirements—Continued coverage—Rate
changes—Continuation.
Required rule making.
Civil and criminal immunity.
Rates—Standard risk and maximum.
Last payor of benefits.
Mental health services—Definition—Coverage required,
when.
Federal supremacy.
Severability—1987 c 431.
Group stop loss insurance exemption: RCW 48.21.015.
48.41.010 Short title. This chapter shall be known and
may be cited as the "Washington state health insurance coverage access act". [1987 c 431 § 1.]
48.41.010
48.41.020 Intent. It is the purpose and intent of the legislature to provide access to health insurance coverage to all
residents of Washington who are denied health insurance. It
is the intent of the Washington state health insurance coverage access act to provide a mechanism to ensure the availability of comprehensive health insurance to persons unable to
obtain such insurance coverage on either an individual or
group basis directly under any health plan. [2000 c 79 § 5;
1987 c 431 § 2.]
48.41.020
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Accounting year" means a twelve-month period
determined by the board for purposes of record-keeping and
accounting. The first accounting year may be more or less
than twelve months and, from time to time in subsequent
years, the board may order an accounting year of other than
48.41.030
[Title 48 RCW—page 298]
twelve months as may be required for orderly management
and accounting of the pool.
(2) "Administrator" means the entity chosen by the board
to administer the pool under RCW 48.41.080.
(3) "Board" means the board of directors of the pool.
(4) "Commissioner" means the insurance commissioner.
(5) "Covered person" means any individual resident of
this state who is eligible to receive benefits from any member, or other health plan.
(6) "Health care facility" has the same meaning as in
RCW 70.38.025.
(7) "Health care provider" means any physician, facility,
or health care professional, who is licensed in Washington
state and entitled to reimbursement for health care services.
(8) "Health care services" means services for the purpose
of preventing, alleviating, curing, or healing human illness or
injury.
(9) "Health carrier" or "carrier" has the same meaning as
in RCW 48.43.005.
(10) "Health coverage" means any group or individual
disability insurance policy, health care service contract, and
health maintenance agreement, except those contracts
entered into for the provision of health care services pursuant
to Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395
et seq. The term does not include short-term care, long-term
care, dental, vision, accident, fixed indemnity, disability
income contracts, limited benefit or credit insurance, coverage issued as a supplement to liability insurance, insurance
arising out of the worker’s compensation or similar law, automobile medical payment insurance, or insurance under which
benefits are payable with or without regard to fault and which
is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(11) "Health plan" means any arrangement by which persons, including dependents or spouses, covered or making
application to be covered under this pool, have access to hospital and medical benefits or reimbursement including any
group or individual disability insurance policy; health care
service contract; health maintenance agreement; uninsured
arrangements of group or group-type contracts including
employer self-insured, cost-plus, or other benefit methodologies not involving insurance or not governed by Title 48
RCW; coverage under group-type contracts which are not
available to the general public and can be obtained only
because of connection with a particular organization or
group; and coverage by medicare or other governmental benefits. This term includes coverage through "health coverage"
as defined under this section, and specifically excludes those
types of programs excluded under the definition of "health
coverage" in subsection (10) of this section.
(12) "Medical assistance" means coverage under Title
XIX of the federal Social Security Act (42 U.S.C., Sec. 1396
et seq.) and chapter 74.09 RCW.
(13) "Medicare" means coverage under Title XVIII of
the Social Security Act, (42 U.S.C. Sec. 1395 et seq., as
amended).
(14) "Member" means any commercial insurer which
provides disability insurance or stop loss insurance, any
health care service contractor, any health maintenance organization licensed under Title 48 RCW, and any self-funded
multiple employer welfare arrangement as defined in RCW
(2008 Ed.)
Health Insurance Coverage Access Act
48.125.010. "Member" also means the Washington state
health care authority as issuer of the state uniform medical
plan. "Member" shall also mean, as soon as authorized by
federal law, employers and other entities, including a selffunding entity and employee welfare benefit plans that provide health plan benefits in this state on or after May 18,
1987. "Member" does not include any insurer, health care
service contractor, or health maintenance organization whose
products are exclusively dental products or those products
excluded from the definition of "health coverage" set forth in
subsection (10) of this section.
(15) "Network provider" means a health care provider
who has contracted in writing with the pool administrator or
a health carrier contracting with the pool administrator to
offer pool coverage to accept payment from and to look
solely to the pool or health carrier according to the terms of
the pool health plans.
(16) "Plan of operation" means the pool, including articles, by-laws, and operating rules, adopted by the board pursuant to RCW 48.41.050.
(17) "Point of service plan" means a benefit plan offered
by the pool under which a covered person may elect to
receive covered services from network providers, or nonnetwork providers at a reduced rate of benefits.
(18) "Pool" means the Washington state health insurance
pool as created in RCW 48.41.040. [2004 c 260 § 25; 2001 c
196 § 2; 2000 c 79 § 6; 1997 c 337 § 6; 1997 c 231 § 210;
1989 c 121 § 1; 1987 c 431 § 3.]
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.037 Washington state health insurance pool
account. The Washington state health insurance pool
account is created in the custody of the state treasurer. All
receipts from moneys specifically appropriated to the account
must be deposited in the account. Expenditures from this
account shall be used to cover deficits incurred by the Washington state health insurance pool under this chapter in excess
of the threshold established in this section. To the extent
funds are available in the account, funds shall be expended
from the account to offset that portion of the deficit that
would otherwise have to be recovered by imposing an assessment on members in excess of a threshold of seventy cents
per insured person per month. The commissioner shall
authorize expenditures from the account, to the extent that
funds are available in the account, upon certification by the
pool board that assessments will exceed the threshold level
established in this section. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Whether the assessment has reached the threshold of
seventy cents per insured person per month shall be determined by dividing the total aggregate amount of assessment
by the proportion of total assessed members. Thus, stop loss
members shall be counted as one-tenth of a whole member in
the denominator given that is the amount they are assessed
48.41.037
(2008 Ed.)
48.41.040
proportionately relative to a fully insured medical member.
[2007 c 259 § 29; 2000 c 79 § 36.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.040 Health insurance pool—Creation, membership, organization, operation, rules. (1) There is created a nonprofit entity to be known as the Washington state
health insurance pool. All members in this state on or after
May 18, 1987, shall be members of the pool. When authorized by federal law, all self-insured employers shall also be
members of the pool.
(2) Pursuant to chapter 34.05 RCW the commissioner
shall, within ninety days after May 18, 1987, give notice to all
members of the time and place for the initial organizational
meetings of the pool. A board of directors shall be established, which shall be comprised of ten members. The governor shall select one member of the board from each list of
three nominees submitted by statewide organizations representing each of the following: (a) Health care providers; (b)
health insurance agents; (c) small employers; and (d) large
employers. The governor shall select two members of the
board from a list of nominees submitted by statewide organizations representing health care consumers. In making these
selections, the governor may request additional names from
the statewide organizations representing each of the persons
to be selected if the governor chooses not to select a member
from the list submitted. The remaining four members of the
board shall be selected by election from among the members
of the pool. The elected members shall, to the extent possible,
include at least one representative of health care service contractors, one representative of health maintenance organizations, and one representative of commercial insurers which
provides disability insurance. The members of the board shall
elect a chair from the voting members of the board. The
insurance commissioner shall be a nonvoting, ex officio
member. When self-insured organizations other than the
Washington state health care authority become eligible for
participation in the pool, the membership of the board shall
be increased to eleven and at least one member of the board
shall represent the self-insurers.
(3) The original members of the board of directors shall
be appointed for intervals of one to three years. Thereafter, all
board members shall serve a term of three years. Board members shall receive no compensation, but shall be reimbursed
for all travel expenses as provided in RCW 43.03.050 and
43.03.060.
(4) The board shall submit to the commissioner a plan of
operation for the pool and any amendments thereto necessary
or suitable to assure the fair, reasonable, and equitable
administration of the pool. The commissioner shall, after
notice and hearing pursuant to chapter 34.05 RCW, approve
the plan of operation if it is determined to assure the fair, reasonable, and equitable administration of the pool and provides for the sharing of pool losses on an equitable, proportionate basis among the members of the pool. The plan of
operation shall become effective upon approval in writing by
the commissioner consistent with the date on which the coverage under this chapter must be made available. If the board
48.41.040
[Title 48 RCW—page 299]
48.41.050
Title 48 RCW: Insurance
fails to submit a plan of operation within one hundred eighty
days after the appointment of the board or any time thereafter
fails to submit acceptable amendments to the plan, the commissioner shall, within ninety days after notice and hearing
pursuant to chapters 34.05 and 48.04 RCW, adopt such rules
as are necessary or advisable to effectuate this chapter. The
rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the board and
approved by the commissioner. [2000 c 80 § 1; 2000 c 79 §
7; 1989 c 121 § 2; 1987 c 431 § 4.]
Board of directors—Dissolved—New members—2000 c 79: "Sixty
days from March 23, 2000, the existing board of directors of the Washington
state health insurance pool shall be dissolved, and the appointment or election of new members under RCW 48.41.040 shall be effective. For purposes
of setting terms, the new members shall be treated as original members."
[2000 c 79 § 8.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.050 Operation plan—Contents. The plan of
operation submitted by the board to the commissioner shall:
(1) Establish procedures for the handling and accounting
of assets and moneys of the pool;
(2) Establish regular times and places for meetings of the
board of directors;
(3) Establish procedures for records to be kept of all
financial transactions and for an annual fiscal reporting to the
commissioner;
(4) Contain additional provisions necessary and proper
for the execution of the powers and duties of the pool;
(5) Establish procedures for the collection of assessments from all members to provide for claims paid under the
plan and for administrative expenses incurred or estimated to
be incurred during the period for which the assessment is
made;
(6) Establish the amount of assessment pursuant to RCW
48.41.060, which shall occur after March 1st of each calendar
year, and which shall be due and payable within thirty days of
the receipt of the assessment notice;
(7) Select an administrator in accordance with RCW
48.41.080;
(8) Develop and implement a program to publicize the
existence of the plan, the eligibility requirements and procedures for enrollment, and to maintain public awareness of the
plan; and
(9) Establish procedures under which applicants and participants may have grievances reviewed by an impartial body
and reported to the board. [1987 c 431 § 5.]
48.41.050
48.41.060 Board powers and duties. (Effective until
July 1, 2009.) (1) The board shall have the general powers
and authority granted under the laws of this state to insurance
companies, health care service contractors, and health maintenance organizations, licensed or registered to offer or provide the kinds of health coverage defined under this title. In
addition thereto, the board shall:
(a) Designate or establish the standard health questionnaire to be used under RCW 48.41.100 and 48.43.018,
including the form and content of the standard health questionnaire and the method of its application. The questionnaire must provide for an objective evaluation of an individual’s health status by assigning a discreet measure, such as a
48.41.060
[Title 48 RCW—page 300]
system of point scoring to each individual. The questionnaire
must not contain any questions related to pregnancy, and
pregnancy shall not be a basis for coverage by the pool. The
questionnaire shall be designed such that it is reasonably
expected to identify the eight percent of persons who are the
most costly to treat who are under individual coverage in
health benefit plans, as defined in RCW 48.43.005, in Washington state or are covered by the pool, if applied to all such
persons;
(b) Obtain from a member of the American academy of
actuaries, who is independent of the board, a certification that
the standard health questionnaire meets the requirements of
(a) of this subsection;
(c) Approve the standard health questionnaire and any
modifications needed to comply with this chapter. The standard health questionnaire shall be submitted to an actuary for
certification, modified as necessary, and approved at least
every eighteen months. The designation and approval of the
standard health questionnaire by the board shall not be subject to review and approval by the commissioner. The standard health questionnaire or any modification thereto shall
not be used until ninety days after public notice of the
approval of the questionnaire or any modification thereto,
except that the initial standard health questionnaire approved
for use by the board after March 23, 2000, may be used
immediately following public notice of such approval;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, claim reserve formulas and
any other actuarial functions appropriate to the operation of
the pool. Rates shall not be unreasonable in relation to the
coverage provided, the risk experience, and expenses of providing the coverage. Rates and rate schedules may be
adjusted for appropriate risk factors such as age and area variation in claim costs and shall take into consideration appropriate risk factors in accordance with established actuarial
underwriting practices consistent with Washington state individual plan rating requirements under RCW 48.44.022 and
48.46.064;
(e)(i) Assess members of the pool in accordance with the
provisions of this chapter, and make advance interim assessments as may be reasonable and necessary for the organizational or interim operating expenses. Any interim assessments will be credited as offsets against any regular assessments due following the close of the year.
(ii) Self-funded multiple employer welfare arrangements
are subject to assessment under this subsection only in the
event that assessments are not preempted by the employee
retirement income security act of 1974, as amended, 29
U.S.C. Sec. 1001 et seq. The arrangements and the commissioner shall initially request an advisory opinion from the
United States department of labor or obtain a declaratory ruling from a federal court on the legality of imposing assessments on these arrangements before imposing the assessment. Once the legality of the assessments has been determined, the multiple employer welfare arrangement certified
by the insurance commissioner must begin payment of these
assessments.
(iii) If there has not been a final determination of the
legality of these assessments, then beginning on the earlier of
(A) the date the fourth multiple employer welfare arrangement has been certified by the insurance commissioner, or
(2008 Ed.)
Health Insurance Coverage Access Act
(B) April 1, 2006, the arrangement shall deposit the assessments imposed by this subsection into an interest bearing
escrow account maintained by the arrangement. Upon a final
determination that the assessments are not preempted by the
employee retirement income security act of 1974, as
amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest
bearing escrow account shall be transferred to the board;
(f) Issue policies of health coverage in accordance with
the requirements of this chapter;
(g) Establish procedures for the administration of the
premium discount provided under RCW 48.41.200(3)(a)(iii);
(h) Contract with the Washington state health care
authority for the administration of the premium discounts
provided under RCW 48.41.200(3)(a) (i) and (ii);
(i) Set a reasonable fee to be paid to an insurance agent
licensed in Washington state for submitting an acceptable
application for enrollment in the pool; and
(j) Provide certification to the commissioner when
assessments will exceed the threshold level established in
RCW 48.41.037.
(2) In addition thereto, the board may:
(a) Enter into contracts as are necessary or proper to
carry out the provisions and purposes of this chapter including the authority, with the approval of the commissioner, to
enter into contracts with similar pools of other states for the
joint performance of common administrative functions, or
with persons or other organizations for the performance of
administrative functions;
(b) Sue or be sued, including taking any legal action as
necessary to avoid the payment of improper claims against
the pool or the coverage provided by or through the pool;
(c) Appoint appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the
operation of the pool, policy, and other contract design, and
any other function within the authority of the pool; and
(d) Conduct periodic audits to assure the general accuracy of the financial data submitted to the pool, and the board
shall cause the pool to have an annual audit of its operations
by an independent certified public accountant.
(3) Nothing in this section shall be construed to require
or authorize the adoption of rules under chapter 34.05 RCW.
[2005 c 7 § 2; 2004 c 260 § 26; 2000 c 79 § 9; 1997 c 337 §
5; 1997 c 231 § 211; 1989 c 121 § 3; 1987 c 431 § 6.]
Effective date—2005 c 7: See note following RCW 48.14.0201.
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Report on implementation of 1987 c 431: "The board shall report to
the commissioner and the appropriate committees of the legislature by April
1, 1990, on the implementation of this act. The report shall include information regarding enrollment, coverage utilization, cost, and any problems with
the program and suggest remedies." [1987 c 431 § 26.]
48.41.060 Board powers and duties. (Effective July 1,
2009.) (1) The board shall have the general powers and
authority granted under the laws of this state to insurance
companies, health care service contractors, and health maintenance organizations, licensed or registered to offer or pro48.41.060
(2008 Ed.)
48.41.060
vide the kinds of health coverage defined under this title. In
addition thereto, the board shall:
(a) Designate or establish the standard health questionnaire to be used under RCW 48.41.100 and 48.43.018,
including the form and content of the standard health questionnaire and the method of its application. The questionnaire must provide for an objective evaluation of an individual’s health status by assigning a discreet measure, such as a
system of point scoring to each individual. The questionnaire
must not contain any questions related to pregnancy, and
pregnancy shall not be a basis for coverage by the pool. The
questionnaire shall be designed such that it is reasonably
expected to identify the eight percent of persons who are the
most costly to treat who are under individual coverage in
health benefit plans, as defined in RCW 48.43.005, in Washington state or are covered by the pool, if applied to all such
persons;
(b) Obtain from a member of the American academy of
actuaries, who is independent of the board, a certification that
the standard health questionnaire meets the requirements of
(a) of this subsection;
(c) Approve the standard health questionnaire and any
modifications needed to comply with this chapter. The standard health questionnaire shall be submitted to an actuary for
certification, modified as necessary, and approved at least
every eighteen months. The designation and approval of the
standard health questionnaire by the board shall not be subject to review and approval by the commissioner. The standard health questionnaire or any modification thereto shall
not be used until ninety days after public notice of the
approval of the questionnaire or any modification thereto,
except that the initial standard health questionnaire approved
for use by the board after March 23, 2000, may be used
immediately following public notice of such approval;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, claim reserve formulas and
any other actuarial functions appropriate to the operation of
the pool. Rates shall not be unreasonable in relation to the
coverage provided, the risk experience, and expenses of providing the coverage. Rates and rate schedules may be
adjusted for appropriate risk factors such as age and area variation in claim costs and shall take into consideration appropriate risk factors in accordance with established actuarial
underwriting practices consistent with Washington state individual plan rating requirements under RCW 48.44.022 and
48.46.064;
(e)(i) Assess members of the pool in accordance with the
provisions of this chapter, and make advance interim assessments as may be reasonable and necessary for the organizational or interim operating expenses. Any interim assessments will be credited as offsets against any regular assessments due following the close of the year.
(ii) Self-funded multiple employer welfare arrangements
are subject to assessment under this subsection only in the
event that assessments are not preempted by the employee
retirement income security act of 1974, as amended, 29
U.S.C. Sec. 1001 et seq. The arrangements and the commissioner shall initially request an advisory opinion from the
United States department of labor or obtain a declaratory ruling from a federal court on the legality of imposing assessments on these arrangements before imposing the assess[Title 48 RCW—page 301]
48.41.070
Title 48 RCW: Insurance
ment. Once the legality of the assessments has been determined, the multiple employer welfare arrangement certified
by the insurance commissioner must begin payment of these
assessments.
(iii) If there has not been a final determination of the
legality of these assessments, then beginning on the earlier of
(A) the date the fourth multiple employer welfare arrangement has been certified by the insurance commissioner, or
(B) April 1, 2006, the arrangement shall deposit the assessments imposed by this subsection into an interest bearing
escrow account maintained by the arrangement. Upon a final
determination that the assessments are not preempted by the
employee retirement income security act of 1974, as
amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest
bearing escrow account shall be transferred to the board;
(f) Issue policies of health coverage in accordance with
the requirements of this chapter;
(g) Establish procedures for the administration of the
premium discount provided under RCW 48.41.200(3)(a)(iii);
(h) Contract with the Washington state health care
authority for the administration of the premium discounts
provided under RCW 48.41.200(3)(a) (i) and (ii);
(i) Set a reasonable fee to be paid to an insurance producer licensed in Washington state for submitting an acceptable application for enrollment in the pool; and
(j) Provide certification to the commissioner when
assessments will exceed the threshold level established in
RCW 48.41.037.
(2) In addition thereto, the board may:
(a) Enter into contracts as are necessary or proper to
carry out the provisions and purposes of this chapter including the authority, with the approval of the commissioner, to
enter into contracts with similar pools of other states for the
joint performance of common administrative functions, or
with persons or other organizations for the performance of
administrative functions;
(b) Sue or be sued, including taking any legal action as
necessary to avoid the payment of improper claims against
the pool or the coverage provided by or through the pool;
(c) Appoint appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the
operation of the pool, policy, and other contract design, and
any other function within the authority of the pool; and
(d) Conduct periodic audits to assure the general accuracy of the financial data submitted to the pool, and the board
shall cause the pool to have an annual audit of its operations
by an independent certified public accountant.
(3) Nothing in this section shall be construed to require
or authorize the adoption of rules under chapter 34.05 RCW.
[2008 c 217 § 47; 2005 c 7 § 2; 2004 c 260 § 26; 2000 c 79 §
9; 1997 c 337 § 5; 1997 c 231 § 211; 1989 c 121 § 3; 1987 c
431 § 6.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Effective date—2005 c 7: See note following RCW 48.14.0201.
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
[Title 48 RCW—page 302]
Report on implementation of 1987 c 431: "The board shall report to
the commissioner and the appropriate committees of the legislature by April
1, 1990, on the implementation of this act. The report shall include information regarding enrollment, coverage utilization, cost, and any problems with
the program and suggest remedies." [1987 c 431 § 26.]
48.41.070 Examination and report. The pool shall be
subject to examination by the commissioner as provided
under chapter 48.03 RCW. The board of directors shall submit to the commissioner, not later than one hundred twenty
days after the end of each accounting year, a financial report
for the year in a form approved by the commissioner. [1998
c 245 § 98; 1989 c 121 § 4; 1987 c 431 § 7.]
48.41.070
48.41.080 Pool administrator—Selection, term,
duties, pay. The board shall select an administrator through
a competitive bidding process to administer the pool.
(1) The board shall evaluate bids based upon criteria
established by the board, which shall include:
(a) The administrator’s proven ability to handle health
coverage;
(b) The efficiency of the administrator’s claim-paying
procedures;
(c) An estimate of the total charges for administering the
plan; and
(d) The administrator’s ability to administer the pool in a
cost-effective manner.
(2) The administrator shall serve for a period of three
years subject to removal for cause. At least six months prior
to the expiration of each three-year period of service by the
administrator, the board shall invite all interested parties,
including the current administrator, to submit bids to serve as
the administrator for the succeeding three-year period. Selection of the administrator for this succeeding period shall be
made at least three months prior to the end of the current
three-year period.
(3) The administrator shall perform such duties as may
be assigned by the board including:
(a) Administering eligibility and administrative claim
payment functions relating to the pool;
(b) Establishing a premium billing procedure for collection of premiums from covered persons. Billings shall be
made on a periodic basis as determined by the board, which
shall not be more frequent than a monthly billing;
(c) Performing all necessary functions to assure timely
payment of benefits to covered persons under the pool
including:
(i) Making available information relating to the proper
manner of submitting a claim for benefits to the pool, and distributing forms upon which submission shall be made;
(ii) Taking steps necessary to offer and administer managed care benefit plans; and
(iii) Evaluating the eligibility of each claim for payment
by the pool;
(d) Submission of regular reports to the board regarding
the operation of the pool. The frequency, content, and form of
the report shall be as determined by the board;
(e) Following the close of each accounting year, determination of net paid and earned premiums, the expense of
administration, and the paid and incurred losses for the year
48.41.080
(2008 Ed.)
Health Insurance Coverage Access Act
and reporting this information to the board and the commissioner on a form as prescribed by the commissioner.
(4) The administrator shall be paid as provided in the
contract between the board and the administrator for its
expenses incurred in the performance of its services. [2000 c
79 § 10; 1997 c 231 § 212; 1989 c 121 § 5; 1987 c 431 § 8.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.090 Financial participation in pool—Computation, deficit assessments. (1) Following the close of each
accounting year, the pool administrator shall determine the
net premium (premiums less administrative expense allowances), the pool expenses of administration, and incurred
losses for the year, taking into account investment income
and other appropriate gains and losses.
(2)(a) Each member’s proportion of participation in the
pool shall be determined annually by the board based on
annual statements and other reports deemed necessary by the
board and filed by the member with the commissioner; and
shall be determined by multiplying the total cost of pool operation by a fraction. The numerator of the fraction equals that
member’s total number of resident insured persons, including
spouse and dependents, covered under all health plans in the
state by that member during the preceding calendar year. The
denominator of the fraction equals the total number of resident insured persons, including spouses and dependents, covered under all health plans in the state by all pool members
during the preceding calendar year.
(b) For purposes of calculating the numerator and the
denominator under (a) of this subsection:
(i) All health plans in the state by the state health care
authority include only the uniform medical plan;
(ii) Each ten resident insured persons, including spouse
and dependents, under a stop loss plan or the uniform medical
plan shall count as one resident insured person;
(iii) Health plans serving medical care services program
clients under RCW 74.09.035 are exempted from the calculation; and
(iv) Health plans established to serve elderly or disabled
medicaid clients under chapter 74.09 RCW when the plan has
been implemented on a demonstration or pilot project basis
are exempted from the calculation until July 1, 2009.
(c) Except as provided in RCW 48.41.037, any deficit
incurred by the pool shall be recouped by assessments among
members apportioned under this subsection pursuant to the
formula set forth by the board among members.
(3) The board may abate or defer, in whole or in part, the
assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the
member to fulfill its contractual obligations. If an assessment
against a member is abated or deferred in whole or in part, the
amount by which such assessment is abated or deferred may
be assessed against the other members in a manner consistent
with the basis for assessments set forth in subsection (2) of
this section. The member receiving such abatement or deferment shall remain liable to the pool for the deficiency.
(4) If assessments exceed actual losses and administrative expenses of the pool, the excess shall be held at interest
48.41.090
(2008 Ed.)
48.41.100
and used by the board to offset future losses or to reduce pool
premiums. As used in this subsection, "future losses"
includes reserves for incurred but not reported claims. [2005
c 405 § 2; 2000 c 79 § 11; 1989 c 121 § 6; 1987 c 431 § 9.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.100 Eligibility for coverage. (Contingent expiration date.) (1) The following persons who are residents of
this state are eligible for pool coverage:
(a) Any person who provides evidence of a carrier’s
decision not to accept him or her for enrollment in an individual health benefit plan as defined in RCW 48.43.005 based
upon, and within ninety days of the receipt of, the results of
the standard health questionnaire designated by the board and
administered by health carriers under RCW 48.43.018;
(b) Any person who continues to be eligible for pool
coverage based upon the results of the standard health questionnaire designated by the board and administered by the
pool administrator pursuant to subsection (3) of this section;
(c) Any person who resides in a county of the state where
no carrier or insurer eligible under chapter 48.15 RCW offers
to the public an individual health benefit plan other than a
catastrophic health plan as defined in RCW 48.43.005 at the
time of application to the pool, and who makes direct application to the pool; and
(d) Any medicare eligible person upon providing evidence of rejection for medical reasons, a requirement of
restrictive riders, an up-rated premium, or a preexisting conditions limitation on a medicare supplemental insurance policy under chapter 48.66 RCW, the effect of which is to substantially reduce coverage from that received by a person
considered a standard risk by at least one member within six
months of the date of application.
(2) The following persons are not eligible for coverage
by the pool:
(a) Any person having terminated coverage in the pool
unless (i) twelve months have lapsed since termination, or (ii)
that person can show continuous other coverage which has
been involuntarily terminated for any reason other than nonpayment of premiums. However, these exclusions do not
apply to eligible individuals as defined in section 2741(b) of
the federal health insurance portability and accountability act
of 1996 (42 U.S.C. Sec. 300gg-41(b));
(b) Any person on whose behalf the pool has paid out
two million dollars in benefits;
(c) Inmates of public institutions and persons whose benefits are duplicated under public programs. However, these
exclusions do not apply to eligible individuals as defined in
section 2741(b) of the federal health insurance portability and
accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b));
(d) Any person who resides in a county of the state where
any carrier or insurer regulated under chapter 48.15 RCW
offers to the public an individual health benefit plan other
than a catastrophic health plan as defined in RCW 48.43.005
at the time of application to the pool and who does not qualify
for pool coverage based upon the results of the standard
health questionnaire, or pursuant to subsection (1)(d) of this
section.
(3) When a carrier or insurer regulated under chapter
48.15 RCW begins to offer an individual health benefit plan
48.41.100
[Title 48 RCW—page 303]
48.41.100
Title 48 RCW: Insurance
in a county where no carrier had been offering an individual
health benefit plan:
(a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in a pool plan pursuant to subsection (1)(c) of
this section in that county shall no longer be eligible for coverage under that plan pursuant to subsection (1)(c) of this section, but may continue to be eligible for pool coverage based
upon the results of the standard health questionnaire designated by the board and administered by the pool administrator. The pool administrator shall offer to administer the questionnaire to each person no longer eligible for coverage under
subsection (1)(c) of this section within thirty days of determining that he or she is no longer eligible;
(b) Losing eligibility for pool coverage under this subsection (3) does not affect a person’s eligibility for pool coverage under subsection (1)(a), (b), or (d) of this section; and
(c) The pool administrator shall provide written notice to
any person who is no longer eligible for coverage under a
pool plan under this subsection (3) within thirty days of the
administrator’s determination that the person is no longer eligible. The notice shall: (i) Indicate that coverage under the
plan will cease ninety days from the date that the notice is
dated; (ii) describe any other coverage options, either in or
outside of the pool, available to the person; (iii) describe the
procedures for the administration of the standard health questionnaire to determine the person’s continued eligibility for
coverage under subsection (1)(b) of this section; and (iv)
describe the enrollment process for the available options outside of the pool.
(4) The board shall ensure that an independent analysis
of the eligibility standards for the pool coverage is conducted,
including examining the eight percent eligibility threshold,
eligibility for medicaid enrollees and other publicly sponsored enrollees, and the impacts on the pool and the state budget. The board shall report the findings to the legislature by
December 1, 2007. [2007 c 259 § 30; 2001 c 196 § 3; 2000 c
79 § 12; 1995 c 34 § 5; 1989 c 121 § 7; 1987 c 431 § 10.]
Effective date—2007 c 259 § 30: "Section 30 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 2, 2007]." [2007 c 259 § 75.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.100 Eligibility for coverage. (Contingent effective date.) (1) The following persons who are residents of
this state are eligible for pool coverage:
(a) Any person who provides evidence of a carrier’s
decision not to accept him or her for enrollment in an individual health benefit plan as defined in RCW 48.43.005 based
upon, and within ninety days of the receipt of, the results of
the standard health questionnaire designated by the board and
administered by health carriers under RCW 48.43.018;
(b) Any person who continues to be eligible for pool
coverage based upon the results of the standard health questionnaire designated by the board and administered by the
pool administrator pursuant to subsection (3) of this section;
48.41.100
[Title 48 RCW—page 304]
(c) Any person who resides in a county of the state where
no carrier or insurer eligible under chapter 48.15 RCW offers
to the public an individual health benefit plan other than a
catastrophic health plan as defined in RCW 48.43.005 at the
time of application to the pool, and who makes direct application to the pool; and
(d) Any medicare eligible person upon providing evidence of rejection for medical reasons, a requirement of
restrictive riders, an up-rated premium, or a preexisting conditions limitation on a medicare supplemental insurance policy under chapter 48.66 RCW, the effect of which is to substantially reduce coverage from that received by a person
considered a standard risk by at least one member within six
months of the date of application.
(2) The following persons are not eligible for coverage
by the pool:
(a) Any person having terminated coverage in the pool
unless (i) twelve months have lapsed since termination, or (ii)
that person can show continuous other coverage which has
been involuntarily terminated for any reason other than nonpayment of premiums. However, these exclusions do not
apply to eligible individuals as defined in section 2741(b) of
the federal health insurance portability and accountability act
of 1996 (42 U.S.C. Sec. 300gg-41(b));
(b) Any person on whose behalf the pool has paid out
two million dollars in benefits;
(c) Inmates of public institutions, and those persons who
become eligible for medical assistance after June 30, 2008, as
defined in RCW 74.09.010. However, these exclusions do
not apply to eligible individuals as defined in section 2741(b)
of the federal health insurance portability and accountability
act of 1996 (42 U.S.C. Sec. 300gg-41(b));
(d) Any person who resides in a county of the state where
any carrier or insurer regulated under chapter 48.15 RCW
offers to the public an individual health benefit plan other
than a catastrophic health plan as defined in RCW 48.43.005
at the time of application to the pool and who does not qualify
for pool coverage based upon the results of the standard
health questionnaire, or pursuant to subsection (1)(d) of this
section.
(3) When a carrier or insurer regulated under chapter
48.15 RCW begins to offer an individual health benefit plan
in a county where no carrier had been offering an individual
health benefit plan:
(a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in a pool plan pursuant to subsection (1)(c) of
this section in that county shall no longer be eligible for coverage under that plan pursuant to subsection (1)(c) of this section, but may continue to be eligible for pool coverage based
upon the results of the standard health questionnaire designated by the board and administered by the pool administrator. The pool administrator shall offer to administer the questionnaire to each person no longer eligible for coverage under
subsection (1)(c) of this section within thirty days of determining that he or she is no longer eligible;
(b) Losing eligibility for pool coverage under this subsection (3) does not affect a person’s eligibility for pool coverage under subsection (1)(a), (b), or (d) of this section; and
(c) The pool administrator shall provide written notice to
any person who is no longer eligible for coverage under a
(2008 Ed.)
Health Insurance Coverage Access Act
pool plan under this subsection (3) within thirty days of the
administrator’s determination that the person is no longer eligible. The notice shall: (i) Indicate that coverage under the
plan will cease ninety days from the date that the notice is
dated; (ii) describe any other coverage options, either in or
outside of the pool, available to the person; (iii) describe the
procedures for the administration of the standard health questionnaire to determine the person’s continued eligibility for
coverage under subsection (1)(b) of this section; and (iv)
describe the enrollment process for the available options outside of the pool.
(4) The board shall ensure that an independent analysis
of the eligibility standards for the pool coverage is conducted,
including examining the eight percent eligibility threshold,
eligibility for medicaid enrollees and other publicly sponsored enrollees, and the impacts on the pool and the state budget. The board shall report the findings to the legislature by
December 1, 2007. [2008 c 317 § 4; 2007 c 259 § 30; 2001 c
196 § 3; 2000 c 79 § 12; 1995 c 34 § 5; 1989 c 121 § 7; 1987
c 431 § 10.]
Report—Contingent effective date—2008 c 317: See notes following
RCW 74.09.510.
Effective date—2007 c 259 § 30: "Section 30 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 2, 2007]." [2007 c 259 § 75.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.110 Policy coverage—Eligible expenses, cost
containment, limits—Explanatory brochure. (1) The pool
shall offer one or more care management plans of coverage.
Such plans may, but are not required to, include point of service features that permit participants to receive in-network
benefits or out-of-network benefits subject to differential cost
shares. The pool may incorporate managed care features into
existing plans.
(2) The administrator shall prepare a brochure outlining
the benefits and exclusions of pool policies in plain language.
After approval by the board, such brochure shall be made reasonably available to participants or potential participants.
(3) The health insurance policies issued by the pool shall
pay only reasonable amounts for medically necessary eligible
health care services rendered or furnished for the diagnosis or
treatment of covered illnesses, injuries, and conditions. Eligible expenses are the reasonable amounts for the health care
services and items for which benefits are extended under a
pool policy.
(4) The pool shall offer at least two policies, one of
which will be a comprehensive policy that must comply with
RCW 48.41.120 and must at a minimum include the following services or related items:
(a) Hospital services, including charges for the most
common semiprivate room, for the most common private
room if semiprivate rooms do not exist in the health care
facility, or for the private room if medically necessary,
including no less than a total of one hundred eighty inpatient
days in a calendar year, and no less than thirty days inpatient
48.41.110
(2008 Ed.)
48.41.110
care for alcohol, drug, or chemical dependency or abuse per
calendar year;
(b) Professional services including surgery for the treatment of injuries, illnesses, or conditions, other than dental,
which are rendered by a health care provider, or at the direction of a health care provider, by a staff of registered or
licensed practical nurses, or other health care providers;
(c) No less than twenty outpatient professional visits for
the diagnosis or treatment of alcohol, drug, or chemical
dependency or abuse rendered during a calendar year by a
state-certified chemical dependency program approved under
chapter 70.96A RCW, or by one or more physicians, psychologists, or community mental health professionals, or, at the
direction of a physician, by other qualified licensed health
care practitioners;
(d) Drugs and contraceptive devices requiring a prescription;
(e) Services of a skilled nursing facility, excluding custodial and convalescent care, for not less than one hundred days
in a calendar year as prescribed by a physician;
(f) Services of a home health agency;
(g) Chemotherapy, radioisotope, radiation, and nuclear
medicine therapy;
(h) Oxygen;
(i) Anesthesia services;
(j) Prostheses, other than dental;
(k) Durable medical equipment which has no personal
use in the absence of the condition for which prescribed;
(l) Diagnostic x-rays and laboratory tests;
(m) Oral surgery including at least the following: Fractures of facial bones; excisions of mandibular joints, lesions
of the mouth, lip, or tongue, tumors, or cysts excluding treatment for temporomandibular joints; incision of accessory
sinuses, mouth salivary glands or ducts; dislocations of the
jaw; plastic reconstruction or repair of traumatic injuries
occurring while covered under the pool; and excision of
impacted wisdom teeth;
(n) Maternity care services;
(o) Services of a physical therapist and services of a
speech therapist;
(p) Hospice services;
(q) Professional ambulance service to the nearest health
care facility qualified to treat the illness or injury;
(r) Mental health services pursuant to RCW 48.41.220;
and
(s) Other medical equipment, services, or supplies
required by physician’s orders and medically necessary and
consistent with the diagnosis, treatment, and condition.
(5) The board shall design and employ cost containment
measures and requirements such as, but not limited to, care
coordination, provider network limitations, preadmission
certification, and concurrent inpatient review which may
make the pool more cost-effective.
(6) The pool benefit policy may contain benefit limitations, exceptions, and cost shares such as copayments, coinsurance, and deductibles that are consistent with managed
care products, except that differential cost shares may be
adopted by the board for nonnetwork providers under point
of service plans. No limitation, exception, or reduction may
be used that would exclude coverage for any disease, illness,
or injury.
[Title 48 RCW—page 305]
48.41.120
Title 48 RCW: Insurance
(7) The pool may not reject an individual for health plan
coverage based upon preexisting conditions of the individual
or deny, exclude, or otherwise limit coverage for an individual’s preexisting health conditions; except that it shall impose
a six-month benefit waiting period for preexisting conditions
for which medical advice was given, for which a health care
provider recommended or provided treatment, or for which a
prudent layperson would have sought advice or treatment,
within six months before the effective date of coverage. The
preexisting condition waiting period shall not apply to prenatal care services. The pool may not avoid the requirements of
this section through the creation of a new rate classification
or the modification of an existing rate classification. Credit
against the waiting period shall be as provided in subsection
(8) of this section.
(8)(a) Except as provided in (b) of this subsection, the
pool shall credit any preexisting condition waiting period in
its plans for a person who was enrolled at any time during the
sixty-three day period immediately preceding the date of
application for the new pool plan. For the person previously
enrolled in a group health benefit plan, the pool must credit
the aggregate of all periods of preceding coverage not separated by more than sixty-three days toward the waiting period
of the new health plan. For the person previously enrolled in
an individual health benefit plan other than a catastrophic
health plan, the pool must credit the period of coverage the
person was continuously covered under the immediately preceding health plan toward the waiting period of the new
health plan. For the purposes of this subsection, a preceding
health plan includes an employer-provided self-funded health
plan.
(b) The pool shall waive any preexisting condition waiting period for a person who is an eligible individual as
defined in section 2741(b) of the federal health insurance
portability and accountability act of 1996 (42 U.S.C. 300gg41(b)).
(9) If an application is made for the pool policy as a
result of rejection by a carrier, then the date of application to
the carrier, rather than to the pool, should govern for purposes
of determining preexisting condition credit.
(10) The pool shall contract with organizations that provide care management that has been demonstrated to be
effective and shall encourage enrollees who are eligible for
care management services to participate. The pool may
encourage the use of shared decision making and certified
decision aids for preference-sensitive care areas. [2007 c 259
§ 26; 2007 c 8 § 5; 2001 c 196 § 4; 2000 c 80 § 2; 2000 c 79
§ 13; 1997 c 231 § 213; 1987 c 431 § 11.]
Reviser’s note: This section was amended by 2007 c 8 § 5 and by 2007
c 259 § 26, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—2007 c 8: See note following RCW 48.20.580.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
[Title 48 RCW—page 306]
48.41.120 Comprehensive pool policy—Deductibles—Coinsurance—Carryover. (1) Subject to the limitation provided in subsection (3) of this section, the comprehensive pool policy offered under RCW 48.41.110(4) shall
impose a deductible as provided in this subsection. Deductibles of five hundred dollars and one thousand dollars on a
per person per calendar year basis shall initially be offered.
The board may authorize deductibles in other amounts. The
deductible shall be applied to the first five hundred dollars,
one thousand dollars, or other authorized amount of eligible
expenses incurred by the covered person.
(2) Subject to the limitations provided in subsection (3)
of this section, a mandatory coinsurance requirement shall be
imposed at a rate not to exceed twenty percent of eligible
expenses in excess of the mandatory deductible and which
supports the efficient delivery of high quality health care services for the medical conditions of pool enrollees.
(3) The maximum aggregate out of pocket payments for
eligible expenses by the insured in the form of deductibles
and coinsurance under the comprehensive pool policy offered
under RCW 48.41.110(4) shall not exceed in a calendar year:
(a) One thousand five hundred dollars per individual, or
three thousand dollars per family, per calendar year for the
five hundred dollar deductible policy;
(b) Two thousand five hundred dollars per individual, or
five thousand dollars per family per calendar year for the one
thousand dollar deductible policy; or
(c) An amount authorized by the board for any other
deductible policy.
(4) Except for those enrolled in a high deductible health
plan qualified under federal law for use with a health savings
account, eligible expenses incurred by a covered person in
the last three months of a calendar year, and applied toward a
deductible, shall also be applied toward the deductible
amount in the next calendar year.
(5) The board may modify cost-sharing as an incentive
for enrollees to participate in care management services and
other cost-effective programs and policies. [2007 c 259 § 31;
2000 c 79 § 14; 1989 c 121 § 8; 1987 c 431 § 12.]
48.41.120
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.130 Policy forms—Approval required. All policy forms issued by the pool shall conform in substance to
prototype forms developed by the pool, and shall in all other
respects conform to the requirements of this chapter, and
shall be filed with and approved by the commissioner before
they are issued. [2000 c 79 § 15; 1997 c 231 § 215; 1987 c
431 § 13.]
48.41.130
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.140 Coverage for children, unmarried dependents. (1) Coverage shall provide that health insurance benefits are applicable to children of the person in whose name
the policy is issued including adopted and newly born natural
children. Coverage shall also include necessary care and
48.41.140
(2008 Ed.)
Health Insurance Coverage Access Act
treatment of medically diagnosed congenital defects and birth
abnormalities. If payment of a specific premium is required
to provide coverage for the child, the policy may require that
notification of the birth or adoption of a child and payment of
the required premium must be furnished to the pool within
thirty-one days after the date of birth or adoption in order to
have the coverage continued beyond the thirty-one day
period. For purposes of this subsection, a child is deemed to
be adopted, and benefits are payable, when the child is physically placed for purposes of adoption under the laws of this
state with the person in whose name the policy is issued; and,
when the person in whose name the policy is issued assumes
financial responsibility for the medical expenses of the child.
For purposes of this subsection, "newly born" means, and
benefits are payable, from the moment of birth.
(2) A pool policy shall provide that coverage of a dependent, unmarried person shall terminate when the person
becomes nineteen years of age: PROVIDED, That coverage
of such person shall not terminate at age nineteen while he or
she is and continues to be both (a) incapable of self-sustaining employment by reason of developmental disability or
physical handicap and (b) chiefly dependent upon the person
in whose name the policy is issued for support and maintenance, provided proof of such incapacity and dependency is
furnished to the pool by the policyholder within thirty-one
days of the dependent’s attainment of age nineteen and subsequently as may be required by the pool but not more frequently than annually after the two-year period following the
dependent’s attainment of age nineteen. [2000 c 79 § 16;
1987 c 431 § 14.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.150 Medical supplement policy. (1) The board
shall offer a medical supplement policy for persons receiving
medicare parts A and B. The supplement policy shall provide
benefits of one hundred percent of the deductible and copayment required under medicare and eighty percent of the
charges for covered services under this chapter that are not
paid by medicare. The coverage shall include a limitation of
one thousand dollars per person on total annual out-of-pocket
expenses for the covered services.
(2) If federal law is adopted that addresses this subject,
the board shall offer a policy that is consistent with that federal law. [1989 c 121 § 9; 1987 c 431 § 15.]
48.41.150
48.41.160 Pool policy requirements—Continued coverage—Rate changes—Continuation. (1) On or before
December 31, 2007, the pool shall cancel all existing pool
policies and replace them with policies that are identical to
the existing policies except for the inclusion of a provision
providing for a guarantee of the continuity of coverage consistent with this section. As a means to minimize the number
of policy changes for enrollees, replacement policies provided under this subsection also may include the plan modifications authorized in RCW 48.41.100, 48.41.110, and
48.41.120.
(2) A pool policy shall contain a guarantee of the individual’s right to continued coverage, subject to the provisions
of subsections (4) and (5) of this section.
48.41.160
(2008 Ed.)
48.41.160
(3) The guarantee of continuity of coverage required by
this section shall not prevent the pool from canceling or nonrenewing a policy for:
(a) Nonpayment of premium;
(b) Violation of published policies of the pool;
(c) Failure of a covered person who becomes eligible for
medicare benefits by reason of age to apply for a pool medical supplement plan, or a medicare supplement plan or other
similar plan offered by a carrier pursuant to federal laws and
regulations;
(d) Failure of a covered person to pay any deductible or
copayment amount owed to the pool and not the provider of
health care services;
(e) Covered persons committing fraudulent acts as to the
pool;
(f) Covered persons materially breaching the pool policy; or
(g) Changes adopted to federal or state laws when such
changes no longer permit the continued offering of such coverage.
(4)(a) The guarantee of continuity of coverage provided
by this section requires that if the pool replaces a plan, it must
make the replacement plan available to all individuals in the
plan being replaced. The replacement plan must include all
of the services covered under the replaced plan, and must not
significantly limit access to the kind of services covered
under the replacement plan through unreasonable cost-sharing requirements or otherwise. The pool may also allow individuals who are covered by a plan that is being replaced an
unrestricted right to transfer to a fully comparable plan.
(b) The guarantee of continuity of coverage provided by
this section requires that if the pool discontinues offering a
plan: (i) The pool must provide notice to each individual of
the discontinuation at least ninety days prior to the date of the
discontinuation; (ii) the pool must offer to each individual
provided coverage under the discontinued plan the option to
enroll in any other plan currently offered by the pool for
which the individual is otherwise eligible; and (iii) in exercising the option to discontinue a plan and in offering the option
of coverage under (b)(ii) of this subsection, the pool must act
uniformly without regard to any health status-related factor
of enrolled individuals or individuals who may become eligible for this coverage.
(c) The pool cannot replace or discontinue a plan under
this subsection (4) until it has completed an evaluation of the
impact of replacing the plan upon:
(i) The cost and quality of care to pool enrollees;
(ii) Pool financing and enrollment;
(iii) The board’s ability to offer comprehensive and other
plans to its enrollees;
(iv) Other items identified by the board.
In its evaluation, the board must request input from the
constituents represented by the board members.
(d) The guarantee of continuity of coverage provided by
this section does not apply if the pool has zero enrollment in
a plan.
(5) The pool may not change the rates for pool policies
except on a class basis, with a clear disclosure in the policy of
the pool’s right to do so.
(6) A pool policy offered under this chapter shall provide
that, upon the death of the individual in whose name the pol[Title 48 RCW—page 307]
48.41.170
Title 48 RCW: Insurance
icy is issued, every other individual then covered under the
policy may elect, within a period specified in the policy, to
continue coverage under the same or a different policy.
[2007 c 259 § 27; 1987 c 431 § 16.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.41.170 Required rule making. The commissioner
shall adopt rules pursuant to chapter 34.05 RCW that:
(1) Provide for disclosure by the member of the availability of insurance coverage from the pool; and
(2) Implement this chapter. [1987 c 431 § 17.]
48.41.170
48.41.190 Civil and criminal immunity. The pool,
members of the pool, board directors of the pool, officers of
the pool, employees of the pool, the commissioner, the commissioner’s representatives, and the commissioner’s employees shall not be civilly or criminally liable and shall not have
any penalty or cause of action of any nature arise against
them for any action taken or not taken, including any discretionary decision or failure to make a discretionary decision,
when the action or inaction is done in good faith and in the
performance of the powers and duties under this chapter.
Nothing in this section prohibits legal actions against the pool
to enforce the pool’s statutory or contractual duties or obligations. [2007 c 259 § 33; 1989 c 121 § 10; 1987 c 431 § 19.]
48.41.190
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.41.200 Rates—Standard risk and maximum. (1)
The pool shall determine the standard risk rate by calculating
the average individual standard rate charged for coverage
comparable to pool coverage by the five largest members,
measured in terms of individual market enrollment, offering
such coverages in the state. In the event five members do not
offer comparable coverage, the standard risk rate shall be
established using reasonable actuarial techniques and shall
reflect anticipated experience and expenses for such coverage
in the individual market.
(2) Subject to subsection (3) of this section, maximum
rates for pool coverage shall be as follows:
(a) Maximum rates for a pool indemnity health plan shall
be one hundred fifty percent of the rate calculated under subsection (1) of this section;
(b) Maximum rates for a pool care management plan
shall be one hundred twenty-five percent of the rate calculated under subsection (1) of this section; and
(c) Maximum rates for a person eligible for pool coverage pursuant to RCW 48.41.100(1)(a) who was enrolled at
any time during the sixty-three day period immediately prior
to the date of application for pool coverage in a group health
benefit plan or an individual health benefit plan other than a
catastrophic health plan as defined in RCW 48.43.005, where
such coverage was continuous for at least eighteen months,
shall be:
(i) For a pool indemnity health plan, one hundred
twenty-five percent of the rate calculated under subsection
(1) of this section; and
(ii) For a pool care management plan, one hundred ten
percent of the rate calculated under subsection (1) of this section.
48.41.200
[Title 48 RCW—page 308]
(3)(a) Subject to (b) and (c) of this subsection:
(i) The rate for any person whose current gross family
income is less than two hundred fifty-one percent of the federal poverty level shall be reduced by thirty percent from
what it would otherwise be;
(ii) The rate for any person whose current gross family
income is more than two hundred fifty but less than three
hundred one percent of the federal poverty level shall be
reduced by fifteen percent from what it would otherwise be;
(iii) The rate for any person who has been enrolled in the
pool for more than thirty-six months shall be reduced by five
percent from what it would otherwise be.
(b) In no event shall the rate for any person be less than
one hundred ten percent of the rate calculated under subsection (1) of this section.
(c) Rate reductions under (a)(i) and (ii) of this subsection
shall be available only to the extent that funds are specifically
appropriated for this purpose in the omnibus appropriations
act. [2007 c 259 § 28; 2000 c 79 § 17; 1997 c 231 § 214; 1987
c 431 § 20.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.210 Last payor of benefits. It is the express
intent of this chapter that the pool be the last payor of benefits
whenever any other benefit is available.
(1) Benefits otherwise payable under pool coverage shall
be reduced by all amounts paid or payable through any other
health insurance, or health benefit plans, including but not
limited to self-insured plans and by all hospital and medical
expense benefits paid or payable under any worker’s compensation coverage, automobile medical payment or liability
insurance whether provided on the basis of fault or nonfault,
and by any hospital or medical benefits paid or payable under
or provided pursuant to any state or federal law or program.
(2) The administrator or the pool shall have a cause of
action against an eligible person for the recovery of the
amount of benefits paid which are not for covered expenses.
Benefits due from the pool may be reduced or refused as a
set-off against any amount recoverable under this subsection.
[1987 c 431 § 21.]
48.41.210
48.41.220 Mental health services—Definition—Coverage required, when. (1) For the purposes of this section,
"mental health services" means medically necessary outpatient and inpatient services provided to treat mental disorders
covered by the diagnostic categories listed in the most current
version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on
July 24, 2005, or such subsequent date as may be provided by
the insurance commissioner by rule, consistent with the purposes of chapter 6, Laws of 2005, with the exception of the
following categories, codes, and services: (a) Substance
related disorders; (b) life transition problems, currently
referred to as "V" codes, and diagnostic codes 302 through
302.9 as found in the diagnostic and statistical manual of
mental disorders, 4th edition, published by the American psy48.41.220
(2008 Ed.)
Personal Coverage, General Authority
chiatric association; (c) skilled nursing facility services,
home health care, residential treatment, and custodial care;
and (d) court-ordered treatment unless the insurer’s medical
director or designee determines the treatment to be medically
necessary.
(2) Each health insurance policy issued by the pool on or
after January 1, 2008, shall provide coverage for:
(a) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the policy. Wellness and preventive services that are provided or reimbursed at a lesser
copayment, coinsurance, or other cost sharing than other
medical and surgical services are excluded from this comparison. If the policy imposes a maximum out-of-pocket limit or
stop loss, it shall be a single limit or stop loss for medical,
surgical, and mental health services; and
(b) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the policy.
(3) Each health insurance policy issued by the pool on or
after July 1, 2010, shall provide coverage for:
(a) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the policy. Wellness and preventive services that are provided or reimbursed at a lesser
copayment, coinsurance, or other cost sharing than other
medical and surgical services are excluded from this comparison. If the policy imposes a maximum out-of-pocket limit or
stop loss, it shall be a single limit or stop loss for medical,
surgical, and mental health services. If the policy imposes
any deductible, mental health services shall be included with
medical and surgical services for the purpose of meeting the
deductible requirement. Treatment limitations or any other
financial requirements on coverage for mental health services
are only allowed if the same limitations or requirements are
imposed on coverage for medical and surgical services; and
(b) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the policy.
(4) In meeting the requirements of this section, a policy
may not reduce the number of mental health outpatient visits
or mental health inpatient days below the level in effect on
July 1, 2002.
(5) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(6) Nothing in this section shall be construed to prevent
the management of mental health services. [2007 c 8 § 6.]
Effective date—2007 c 8: See note following RCW 48.20.580.
48.41.900 Federal supremacy. If any part of this chapter is found to be in conflict with federal requirements which
are a prescribed condition to the allocation of federal funds to
the state, the conflicting part of this chapter is hereby
declared to be inoperative solely to the extent of the conflict
48.41.900
(2008 Ed.)
48.42.030
and with respect to the agencies directly affected, and such
finding or determination shall not affect the operation of the
remainder of this chapter in its application to the agencies
concerned. The rules under this chapter shall meet federal
requirements which are a necessary condition to the receipt of
federal funds by the state. [1987 c 431 § 22.]
48.41.910 Severability—1987 c 431. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1987 c 431 § 25.]
48.41.910
Chapter 48.42
Chapter 48.42 RCW
PERSONAL COVERAGE, GENERAL AUTHORITY
(Formerly: Health care coverage, general authority)
Sections
48.42.010
48.42.020
48.42.030
48.42.040
48.42.050
48.42.090
48.42.100
Personal coverage, authority of commissioner.
Showing regulation by other agency, how done.
Examination by commissioner—When required, scope of.
Application of this title to otherwise unregulated entities.
Notice to purchasers by uninsured production agency—Notice
to production agency by administrator of coverage.
Prenatal testing—Limitation on changes to coverage.
Women’s health care services—Duties of health care carriers.
48.42.010 Personal coverage, authority of commissioner. Notwithstanding any other provision of law, and
except as provided in this chapter, any person or other entity
which provides coverage in this state for life insurance, annuities, loss of time, medical, surgical, chiropractic, physical
therapy, speech pathology, audiology, professional mental
health, dental, hospital, or optometric expenses, whether the
coverage is by direct payment, reimbursement, the providing
of services, or otherwise, shall be subject to the authority of
the state insurance commissioner, unless the person or other
entity shows that while providing the services it is subject to
the jurisdiction and regulation of another agency of this state,
any subdivisions thereof, or the federal government. [1985 c
264 § 15; 1983 c 36 § 1.]
48.42.010
48.42.020 Showing regulation by other agency, how
done. A person or entity may show that it is subject to the
jurisdiction and regulation of another agency of this state, any
subdivision thereof, or the federal government, by providing
to the insurance commissioner the appropriate certificate,
license, or other document issued by the other governmental
agency which permits or qualifies it to provide the coverage
as defined in RCW 48.42.010. [1983 c 36 § 2.]
48.42.020
48.42.030 Examination by commissioner—When
required, scope of. Any person or entity which is unable to
show under RCW 48.42.020 that it is subject to the jurisdiction and regulation of another agency of this state, any subdivision thereof, or the federal government, shall submit to an
examination by the insurance commissioner to determine the
organization and solvency of the person or the entity, and to
determine whether or not such person or entity complies with
the applicable provisions of this title. [1983 c 36 § 3.]
48.42.030
[Title 48 RCW—page 309]
48.42.040
Title 48 RCW: Insurance
48.42.040 Application of this title to otherwise unregulated entities. Any person or entity unable to show that it is
subject to the jurisdiction and regulation of another agency of
this state, any subdivision thereof, or the federal government,
shall be subject to all appropriate provisions of this title
regarding the conduct of its business including, but not limited to, RCW 48.43.300 through 48.43.370. [1998 c 241 §
16; 1983 c 36 § 4.]
48.42.040
Severability—1998 c 241: See RCW 48.43.903.
48.42.050 Notice to purchasers by uninsured production agency—Notice to production agency by administrator of coverage. Any production agency or administrator
which advertises, sells, transacts, or administers the coverage
in this state described in RCW 48.42.010 and which is
required to submit to an examination by the insurance commissioner under RCW 48.42.030, shall, if the coverage is not
fully insured or otherwise fully covered by an admitted life or
disability insurer or health care service contractor or health
maintenance organization agreement, advise every purchaser, prospective purchaser, and covered person of the lack
of insurance or other coverage.
Any administrator which advertises or administers the
coverage in this state described in RCW 48.42.010 and which
is subject to an examination by the insurance commissioner
under RCW 48.42.030 shall advise any production agency of
the elements of the coverage, including the amount of "stoploss" insurance in effect. [1983 c 36 § 5.]
48.42.050
48.42.090 Prenatal testing—Limitation on changes to
coverage. The carrier or provider of any group disability
contract, health care services contract or health maintenance
agreement shall not cancel, reduce, limit or otherwise alter or
change the coverage provided solely on the basis of the result
of any prenatal test. [1988 c 276 § 9.]
48.42.090
services; gynecological care; general examination; and preventive care as medically appropriate and medically appropriate follow-up visits for the services listed in this subsection.
(4) Health care carriers shall ensure that enrolled female
patients have direct access to timely and appropriate covered
women’s health care services from the type of health care
practitioner of their choice in accordance with subsection (5)
of this section.
(5)(a) Health care carrier policies, plans, and programs
written, amended, or renewed after July 23, 1995, shall provide women patients with direct access to the type of health
care practitioner of their choice for appropriate covered
women’s health care services without the necessity of prior
referral from another type of health care practitioner.
(b) Health care carriers may comply with this section by
including all the types of health care practitioners listed in
this section for women’s health care services for women
patients.
(c) Nothing in this section shall prevent health care carriers from restricting women patients to seeing only health
care practitioners who have signed participating provider
agreements with the health care carrier. [2000 c 7 § 1; 1995
c 389 § 1.]
Chapter 48.43
(Formerly: Certified health plans)
Sections
48.43.001
48.43.005
48.43.008
48.43.012
48.43.015
48.43.018
48.43.018
48.42.100 Women’s health care services—Duties of
health care carriers. (1) For purposes of this section, health
care carriers includes disability insurers regulated under
chapter 48.20 or 48.21 RCW, health care services contractors
regulated under chapter 48.44 RCW, health maintenance
organizations regulated under chapter 48.46 RCW, plans
operating under the health care authority under chapter 41.05
RCW, the state health insurance pool operating under chapter
48.41 RCW, and insuring entities regulated under chapter
48.43 RCW.
(2) For purposes of this section and consistent with their
lawful scopes of practice, types of health care practitioners
that provide women’s health care services shall include, but
need not be limited by a health care carrier to, the following:
Any generally recognized medical specialty of practitioners
licensed under chapter 18.57 or 18.71 RCW who provides
women’s health care services; practitioners licensed under
chapters 18.57A and 18.71A RCW when providing women’s
health care services; midwives licensed under chapter 18.50
RCW; and advanced registered nurse practitioner specialists
in women’s health and midwifery under chapter 18.79 RCW.
(3) For purposes of this section, women’s health care services shall include, but need not be limited by a health care
carrier to, the following: Maternity care; reproductive health
48.42.100
[Title 48 RCW—page 310]
Chapter 48.43 RCW
INSURANCE REFORM
48.43.021
48.43.022
48.43.023
48.43.025
48.43.028
48.43.035
48.43.038
48.43.041
48.43.043
48.43.045
48.43.049
48.43.055
48.43.065
48.43.083
48.43.085
48.43.087
48.43.091
Intent.
Definitions.
Enrollment in employer-sponsored health plan—Person eligible for medical assistance.
Individual health benefit plans—Preexisting conditions.
Health benefit plans—Preexisting conditions.
Requirement to complete the standard health questionnaire—
Exemptions—Results (as amended by 2007 c 80).
Requirement to complete the standard health questionnaire—
Exemptions—Results (as amended by 2007 c 259).
Personally identifiable health information—Restrictions on
release.
Enrollee identification card—Social security number restriction.
Pharmacy identification cards—Rules.
Group health benefit plans—Preexisting conditions.
Eligibility to purchase certain health benefit plans—Small
employers and small groups.
Group health benefit plans—Guaranteed issue and continuity
of coverage—Exceptions—Group of one.
Individual health plans—Guarantee of continuity of coverage—Exceptions.
Individual health benefit plans—Mandatory benefits.
Colorectal cancer examinations and laboratory tests—
Required benefits or coverage.
Health plan requirements—Annual reports—Exemptions.
Health carrier data—Information from annual statement—
Format prescribed by commissioner—Public availability.
Procedures for review and adjudication of health care provider
complaints—Requirements.
Right of individuals to receive services—Right of providers,
carriers, and facilities to refuse to participate in or pay for
services for reason of conscience or religion—Requirements.
Chiropractor services—Participating provider agreement—
Health carrier reimbursement.
Health carrier may not prohibit its enrollees from contracting
for services outside the health care plan.
Contracting for services at enrollee’s expense—Mental health
care practitioner—Conditions—Exception.
Health carrier coverage of outpatient mental health services—
Requirements.
(2008 Ed.)
Insurance Reform
48.43.093
48.43.097
48.43.105
48.43.115
48.43.125
48.43.180
48.43.185
48.43.190
48.43.200
48.43.205
48.43.210
48.43.215
48.43.220
48.43.225
48.43.300
48.43.305
48.43.310
48.43.315
48.43.320
48.43.325
48.43.330
48.43.335
48.43.340
48.43.345
48.43.350
48.43.355
48.43.360
48.43.366
48.43.370
48.43.500
48.43.505
48.43.510
48.43.515
48.43.517
48.43.520
48.43.525
48.43.530
48.43.535
48.43.540
48.43.545
48.43.550
48.43.600
48.43.605
48.43.650
48.43.901
48.43.902
48.43.903
Health carrier coverage of emergency medical services—
Requirements—Conditions.
Filing of financial statements—Every health carrier.
Preparation of documents that compare health carriers—
Immunity—Due diligence.
Maternity services—Intent—Definitions—Patient preference—Clinical sovereignty of provider—Notice to policyholders—Application.
Coverage at a long-term care facility following hospitalization—Definition.
Denturist services.
General anesthesia services for dental procedures.
Payment of chiropractic services—Parity.
Disclosure of certain material transactions—Report—Information is confidential.
Material acquisitions or dispositions.
Asset acquisitions—Asset dispositions.
Report of a material acquisition or disposition of assets—
Information required.
Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Definitions.
Report of RBC levels—Distribution of report—Formula for
determination—Commissioner may make adjustments.
Company action level event—Required RBC plan—Commissioner’s review—Notification—Challenge by carrier.
Regulatory action level event—Required RBC plan—Commissioner’s review—Notification—Challenge by carrier.
Authorized control level event—Commissioner’s options.
Mandatory control level event—Commissioner’s duty—Regulatory control.
Carrier’s right to hearing—Request by carrier—Date set by
commissioner.
Confidentiality of RBC reports and plans—Use of certain
comparisons prohibited—Certain information intended
solely for use by commissioner.
Powers or duties of commissioner not limited—Rules.
Foreign or alien carriers—Required RBC report—Commissioner may require RBC plan—Mandatory control level
event.
No liability or cause of action against commissioner or department.
Notice by commissioner to carrier—When effective.
Initial RBC reports—Calculation of initial RBC levels—Subsequent reports.
Self-funded multiple employer welfare arrangements.
RBC standards not applicable to certain carriers.
Intent—Purpose—2000 c 5.
Requirement to protect enrollee’s right to privacy or confidential services—Rules.
Carrier required to disclose health plan information—Marketing and advertising restrictions—Rules.
Access to appropriate health services—Enrollee options—
Rules.
Enrollment of child participating in medical assistance program—Employer-sponsored health plan.
Requirement to maintain a documented utilization review program description and written utilization review criteria—
Rules.
Prohibition against retrospective denial of health plan coverage—Rules.
Requirement for carriers to have a comprehensive grievance
process—Carrier’s duties—Procedures—Appeals—Rules.
Independent review of health care disputes—System for using
certified independent review organizations—Rules.
Requirement to designate a licensed medical director—
Exemption.
Standard of care—Liability—Causes of action—Defense—
Exception.
Delegation of duties—Carrier accountability.
Overpayment recovery—Carrier.
Overpayment recovery—Health care provider.
Fixed payment insurance products—Commissioner’s annual
report.
Captions not law—1996 c 312.
Effective date—1996 c 312.
Severability—1998 c 241.
48.43.001 Intent. It is the intent of the legislature to
ensure that all enrollees in managed care settings have access
48.43.001
(2008 Ed.)
48.43.005
to adequate information regarding health care services covered by health carriers’ health plans, and provided by health
care providers and health care facilities. It is only through
such disclosure that Washington state citizens can be fully
informed as to the extent of health insurance coverage, availability of health care service options, and necessary treatment. With such information, citizens are able to make
knowledgeable decisions regarding their health care. [1996 c
312 § 1.]
48.43.005 Definitions. (Effective until January 1,
2009.) Unless otherwise specifically provided, the definitions in this section apply throughout this chapter.
(1) "Adjusted community rate" means the rating method
used to establish the premium for health plans adjusted to
reflect actuarially demonstrated differences in utilization or
cost attributable to geographic region, age, family size, and
use of wellness activities.
(2) "Basic health plan" means the plan described under
chapter 70.47 RCW, as revised from time to time.
(3) "Basic health plan model plan" means a health plan
as required in RCW 70.47.060(2)(e).
(4) "Basic health plan services" means that schedule of
covered health services, including the description of how
those benefits are to be administered, that are required to be
delivered to an enrollee under the basic health plan, as
revised from time to time.
(5) "Catastrophic health plan" means:
(a) In the case of a contract, agreement, or policy covering a single enrollee, a health benefit plan requiring a calendar year deductible of, at a minimum, one thousand seven
hundred fifty dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least three thousand five hundred
dollars, both amounts to be adjusted annually by the insurance commissioner; and
(b) In the case of a contract, agreement, or policy covering more than one enrollee, a health benefit plan requiring a
calendar year deductible of, at a minimum, three thousand
five hundred dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least six thousand dollars, both
amounts to be adjusted annually by the insurance commissioner; or
(c) Any health benefit plan that provides benefits for
hospital inpatient and outpatient services, professional and
prescription drugs provided in conjunction with such hospital
inpatient and outpatient services, and excludes or substantially limits outpatient physician services and those services
usually provided in an office setting.
In July 2008, and in each July thereafter, the insurance
commissioner shall adjust the minimum deductible and outof-pocket expense required for a plan to qualify as a catastrophic plan to reflect the percentage change in the consumer
price index for medical care for a preceding twelve months,
as determined by the United States department of labor. The
adjusted amount shall apply on the following January 1st.
(6) "Certification" means a determination by a review
organization that an admission, extension of stay, or other
health care service or procedure has been reviewed and,
based on the information provided, meets the clinical require48.43.005
[Title 48 RCW—page 311]
48.43.005
Title 48 RCW: Insurance
ments for medical necessity, appropriateness, level of care, or
effectiveness under the auspices of the applicable health benefit plan.
(7) "Concurrent review" means utilization review conducted during a patient’s hospital stay or course of treatment.
(8) "Covered person" or "enrollee" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered
by any other health plan.
(9) "Dependent" means, at a minimum, the enrollee’s
legal spouse and unmarried dependent children who qualify
for coverage under the enrollee’s health benefit plan.
(10) "Employee" has the same meaning given to the
term, as of January 1, 2008, under section 3(6) of the federal
employee retirement income security act of 1974.
(11) "Emergency medical condition" means the emergent and acute onset of a symptom or symptoms, including
severe pain, that would lead a prudent layperson acting reasonably to believe that a health condition exists that requires
immediate medical attention, if failure to provide medical
attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or
would place the person’s health in serious jeopardy.
(12) "Emergency services" means otherwise covered
health care services medically necessary to evaluate and treat
an emergency medical condition, provided in a hospital
emergency department.
(13) "Enrollee point-of-service cost-sharing" means
amounts paid to health carriers directly providing services,
health care providers, or health care facilities by enrollees
and may include copayments, coinsurance, or deductibles.
(14) "Grievance" means a written complaint submitted
by or on behalf of a covered person regarding: (a) Denial of
payment for medical services or nonprovision of medical services included in the covered person’s health benefit plan, or
(b) service delivery issues other than denial of payment for
medical services or nonprovision of medical services, including dissatisfaction with medical care, waiting time for medical services, provider or staff attitude or demeanor, or dissatisfaction with service provided by the health carrier.
(15) "Health care facility" or "facility" means hospices
licensed under chapter 70.127 RCW, hospitals licensed under
chapter 70.41 RCW, rural health care facilities as defined in
RCW 70.175.020, psychiatric hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51
RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers
licensed under chapter 70.41 RCW, ambulatory diagnostic,
treatment, or surgical facilities licensed under chapter 70.41
RCW, drug and alcohol treatment facilities licensed under
chapter 70.96A RCW, and home health agencies licensed
under chapter 70.127 RCW, and includes such facilities if
owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations.
(16) "Health care provider" or "provider" means:
(a) A person regulated under Title 18 or chapter 70.127
RCW, to practice health or health-related services or otherwise practicing health care services in this state consistent
with state law; or
[Title 48 RCW—page 312]
(b) An employee or agent of a person described in (a) of
this subsection, acting in the course and scope of his or her
employment.
(17) "Health care service" means that service offered or
provided by health care facilities and health care providers
relating to the prevention, cure, or treatment of illness, injury,
or disease.
(18) "Health carrier" or "carrier" means a disability
insurer regulated under chapter 48.20 or 48.21 RCW, a health
care service contractor as defined in RCW 48.44.010, or a
health maintenance organization as defined in RCW
48.46.020.
(19) "Health plan" or "health benefit plan" means any
policy, contract, or agreement offered by a health carrier to
provide, arrange, reimburse, or pay for health care services
except the following:
(a) Long-term care insurance governed by chapter 48.84
RCW;
(b) Medicare supplemental health insurance governed by
chapter 48.66 RCW;
(c) Coverage supplemental to the coverage provided
under chapter 55, Title 10, United States Code;
(d) Limited health care services offered by limited health
care service contractors in accordance with RCW 48.44.035;
(e) Disability income;
(f) Coverage incidental to a property/casualty liability
insurance policy such as automobile personal injury protection coverage and homeowner guest medical;
(g) Workers’ compensation coverage;
(h) Accident only coverage;
(i) Specified disease or illness-triggered fixed payment
insurance, hospital confinement fixed payment insurance, or
other fixed payment insurance offered as an independent,
noncoordinated benefit;
(j) Employer-sponsored self-funded health plans;
(k) Dental only and vision only coverage; and
(l) Plans deemed by the insurance commissioner to have
a short-term limited purpose or duration, or to be a studentonly plan that is guaranteed renewable while the covered person is enrolled as a regular full-time undergraduate or graduate student at an accredited higher education institution, after
a written request for such classification by the carrier and
subsequent written approval by the insurance commissioner.
(20) "Material modification" means a change in the actuarial value of the health plan as modified of more than five
percent but less than fifteen percent.
(21) "Preexisting condition" means any medical condition, illness, or injury that existed any time prior to the effective date of coverage.
(22) "Premium" means all sums charged, received, or
deposited by a health carrier as consideration for a health plan
or the continuance of a health plan. Any assessment or any
"membership," "policy," "contract," "service," or similar fee
or charge made by a health carrier in consideration for a
health plan is deemed part of the premium. "Premium" shall
not include amounts paid as enrollee point-of-service costsharing.
(23) "Review organization" means a disability insurer
regulated under chapter 48.20 or 48.21 RCW, health care service contractor as defined in RCW 48.44.010, or health maintenance organization as defined in RCW 48.46.020, and enti(2008 Ed.)
Insurance Reform
ties affiliated with, under contract with, or acting on behalf of
a health carrier to perform a utilization review.
(24) "Small employer" or "small group" means any person, firm, corporation, partnership, association, political subdivision, sole proprietor, or self-employed individual that is
actively engaged in business that employed an average of at
least two but no more than fifty employees, during the previous calendar year and employed at least two employees on
the first day of the plan year, is not formed primarily for purposes of buying health insurance, and in which a bona fide
employer-employee relationship exists. In determining the
number of employees, companies that are affiliated companies, or that are eligible to file a combined tax return for purposes of taxation by this state, shall be considered an
employer. Subsequent to the issuance of a health plan to a
small employer and for the purpose of determining eligibility,
the size of a small employer shall be determined annually.
Except as otherwise specifically provided, a small employer
shall continue to be considered a small employer until the
plan anniversary following the date the small employer no
longer meets the requirements of this definition. A selfemployed individual or sole proprietor who is covered as a
group of one on the day prior to June 10, 2004, shall also be
considered a "small employer" to the extent that individual or
group of one is entitled to have his or her coverage renewed
as provided in RCW 48.43.035(6).
(25) "Utilization review" means the prospective, concurrent, or retrospective assessment of the necessity and appropriateness of the allocation of health care resources and services of a provider or facility, given or proposed to be given
to an enrollee or group of enrollees.
(26) "Wellness activity" means an explicit program of an
activity consistent with department of health guidelines, such
as, smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol
reduction, and nutrition education for the purpose of improving enrollee health status and reducing health service costs.
[2008 c 144 § 1. Prior: 2007 c 296 § 1; 2007 c 259 § 32; 2006
c 25 § 16; 2004 c 244 § 2; prior: 2001 c 196 § 5; 2001 c 147
§ 1; 2000 c 79 § 18; prior: 1997 c 231 § 202; 1997 c 55 § 1;
1995 c 265 § 4.]
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—1997 c 231: "This act shall be known as the consumer
assistance and insurance market stabilization act." [1997 c 231 § 402.]
Part headings and captions not law—1997 c 231: "Part headings and
section captions used in this act are not part of the law." [1997 c 231 § 403.]
Severability—1997 c 231: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 231 § 404.]
Effective dates—1997 c 231: "(1) Sections 104 through 108 and 301 of
this act take effect January 1, 1998.
(2) Section 111 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 1997.
(3) Section 205 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
(2008 Ed.)
48.43.005
its existing public institutions, and takes effect immediately." [1997 c 231 §
405.]
Effective date—1997 c 55: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 16, 1997]." [1997 c 55 § 2.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.005 Definitions. (Effective January 1, 2009.)
Unless otherwise specifically provided, the definitions in this
section apply throughout this chapter.
(1) "Adjusted community rate" means the rating method
used to establish the premium for health plans adjusted to
reflect actuarially demonstrated differences in utilization or
cost attributable to geographic region, age, family size, and
use of wellness activities.
(2) "Basic health plan" means the plan described under
chapter 70.47 RCW, as revised from time to time.
(3) "Basic health plan model plan" means a health plan
as required in RCW 70.47.060(2)(e).
(4) "Basic health plan services" means that schedule of
covered health services, including the description of how
those benefits are to be administered, that are required to be
delivered to an enrollee under the basic health plan, as
revised from time to time.
(5) "Catastrophic health plan" means:
(a) In the case of a contract, agreement, or policy covering a single enrollee, a health benefit plan requiring a calendar year deductible of, at a minimum, one thousand seven
hundred fifty dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least three thousand five hundred
dollars, both amounts to be adjusted annually by the insurance commissioner; and
(b) In the case of a contract, agreement, or policy covering more than one enrollee, a health benefit plan requiring a
calendar year deductible of, at a minimum, three thousand
five hundred dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least six thousand dollars, both
amounts to be adjusted annually by the insurance commissioner; or
(c) Any health benefit plan that provides benefits for
hospital inpatient and outpatient services, professional and
prescription drugs provided in conjunction with such hospital
inpatient and outpatient services, and excludes or substantially limits outpatient physician services and those services
usually provided in an office setting.
In July 2008, and in each July thereafter, the insurance
commissioner shall adjust the minimum deductible and outof-pocket expense required for a plan to qualify as a catastrophic plan to reflect the percentage change in the consumer
price index for medical care for a preceding twelve months,
as determined by the United States department of labor. The
adjusted amount shall apply on the following January 1st.
(6) "Certification" means a determination by a review
organization that an admission, extension of stay, or other
health care service or procedure has been reviewed and,
based on the information provided, meets the clinical requirements for medical necessity, appropriateness, level of care, or
48.43.005
[Title 48 RCW—page 313]
48.43.005
Title 48 RCW: Insurance
effectiveness under the auspices of the applicable health benefit plan.
(7) "Concurrent review" means utilization review conducted during a patient’s hospital stay or course of treatment.
(8) "Covered person" or "enrollee" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered
by any other health plan.
(9) "Dependent" means, at a minimum, the enrollee’s
legal spouse and unmarried dependent children who qualify
for coverage under the enrollee’s health benefit plan.
(10) "Employee" has the same meaning given to the
term, as of January 1, 2008, under section 3(6) of the federal
employee retirement income security act of 1974.
(11) "Emergency medical condition" means the emergent and acute onset of a symptom or symptoms, including
severe pain, that would lead a prudent layperson acting reasonably to believe that a health condition exists that requires
immediate medical attention, if failure to provide medical
attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or
would place the person’s health in serious jeopardy.
(12) "Emergency services" means otherwise covered
health care services medically necessary to evaluate and treat
an emergency medical condition, provided in a hospital
emergency department.
(13) "Enrollee point-of-service cost-sharing" means
amounts paid to health carriers directly providing services,
health care providers, or health care facilities by enrollees
and may include copayments, coinsurance, or deductibles.
(14) "Grievance" means a written complaint submitted
by or on behalf of a covered person regarding: (a) Denial of
payment for medical services or nonprovision of medical services included in the covered person’s health benefit plan, or
(b) service delivery issues other than denial of payment for
medical services or nonprovision of medical services, including dissatisfaction with medical care, waiting time for medical services, provider or staff attitude or demeanor, or dissatisfaction with service provided by the health carrier.
(15) "Health care facility" or "facility" means hospices
licensed under chapter 70.127 RCW, hospitals licensed under
chapter 70.41 RCW, rural health care facilities as defined in
RCW 70.175.020, psychiatric hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51
RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers
licensed under chapter 70.41 RCW, ambulatory diagnostic,
treatment, or surgical facilities licensed under chapter 70.41
RCW, drug and alcohol treatment facilities licensed under
chapter 70.96A RCW, and home health agencies licensed
under chapter 70.127 RCW, and includes such facilities if
owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations.
(16) "Health care provider" or "provider" means:
(a) A person regulated under Title 18 or chapter 70.127
RCW, to practice health or health-related services or otherwise practicing health care services in this state consistent
with state law; or
[Title 48 RCW—page 314]
(b) An employee or agent of a person described in (a) of
this subsection, acting in the course and scope of his or her
employment.
(17) "Health care service" means that service offered or
provided by health care facilities and health care providers
relating to the prevention, cure, or treatment of illness, injury,
or disease.
(18) "Health carrier" or "carrier" means a disability
insurer regulated under chapter 48.20 or 48.21 RCW, a health
care service contractor as defined in RCW 48.44.010, or a
health maintenance organization as defined in RCW
48.46.020.
(19) "Health plan" or "health benefit plan" means any
policy, contract, or agreement offered by a health carrier to
provide, arrange, reimburse, or pay for health care services
except the following:
(a) Long-term care insurance governed by chapter 48.84
or 48.83 RCW;
(b) Medicare supplemental health insurance governed by
chapter 48.66 RCW;
(c) Coverage supplemental to the coverage provided
under chapter 55, Title 10, United States Code;
(d) Limited health care services offered by limited health
care service contractors in accordance with RCW 48.44.035;
(e) Disability income;
(f) Coverage incidental to a property/casualty liability
insurance policy such as automobile personal injury protection coverage and homeowner guest medical;
(g) Workers’ compensation coverage;
(h) Accident only coverage;
(i) Specified disease or illness-triggered fixed payment
insurance, hospital confinement fixed payment insurance, or
other fixed payment insurance offered as an independent,
noncoordinated benefit;
(j) Employer-sponsored self-funded health plans;
(k) Dental only and vision only coverage; and
(l) Plans deemed by the insurance commissioner to have
a short-term limited purpose or duration, or to be a studentonly plan that is guaranteed renewable while the covered person is enrolled as a regular full-time undergraduate or graduate student at an accredited higher education institution, after
a written request for such classification by the carrier and
subsequent written approval by the insurance commissioner.
(20) "Material modification" means a change in the actuarial value of the health plan as modified of more than five
percent but less than fifteen percent.
(21) "Preexisting condition" means any medical condition, illness, or injury that existed any time prior to the effective date of coverage.
(22) "Premium" means all sums charged, received, or
deposited by a health carrier as consideration for a health plan
or the continuance of a health plan. Any assessment or any
"membership," "policy," "contract," "service," or similar fee
or charge made by a health carrier in consideration for a
health plan is deemed part of the premium. "Premium" shall
not include amounts paid as enrollee point-of-service costsharing.
(23) "Review organization" means a disability insurer
regulated under chapter 48.20 or 48.21 RCW, health care service contractor as defined in RCW 48.44.010, or health maintenance organization as defined in RCW 48.46.020, and enti(2008 Ed.)
Insurance Reform
ties affiliated with, under contract with, or acting on behalf of
a health carrier to perform a utilization review.
(24) "Small employer" or "small group" means any person, firm, corporation, partnership, association, political subdivision, sole proprietor, or self-employed individual that is
actively engaged in business that employed an average of at
least two but no more than fifty employees, during the previous calendar year and employed at least two employees on
the first day of the plan year, is not formed primarily for purposes of buying health insurance, and in which a bona fide
employer-employee relationship exists. In determining the
number of employees, companies that are affiliated companies, or that are eligible to file a combined tax return for purposes of taxation by this state, shall be considered an
employer. Subsequent to the issuance of a health plan to a
small employer and for the purpose of determining eligibility,
the size of a small employer shall be determined annually.
Except as otherwise specifically provided, a small employer
shall continue to be considered a small employer until the
plan anniversary following the date the small employer no
longer meets the requirements of this definition. A selfemployed individual or sole proprietor who is covered as a
group of one on the day prior to June 10, 2004, shall also be
considered a "small employer" to the extent that individual or
group of one is entitled to have his or her coverage renewed
as provided in RCW 48.43.035(6).
(25) "Utilization review" means the prospective, concurrent, or retrospective assessment of the necessity and appropriateness of the allocation of health care resources and services of a provider or facility, given or proposed to be given
to an enrollee or group of enrollees.
(26) "Wellness activity" means an explicit program of an
activity consistent with department of health guidelines, such
as, smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol
reduction, and nutrition education for the purpose of improving enrollee health status and reducing health service costs.
[2008 c 145 § 20; 2008 c 144 § 1. Prior: 2007 c 296 § 1; 2007
c 259 § 32; 2006 c 25 § 16; 2004 c 244 § 2; prior: 2001 c 196
§ 5; 2001 c 147 § 1; 2000 c 79 § 18; prior: 1997 c 231 § 202;
1997 c 55 § 1; 1995 c 265 § 4.]
Reviser’s note: This section was amended by 2008 c 144 § 1 and by
2008 c 145 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2008 c 145: See RCW 48.83.900 and
48.83.901.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—1997 c 231: "This act shall be known as the consumer
assistance and insurance market stabilization act." [1997 c 231 § 402.]
Part headings and captions not law—1997 c 231: "Part headings and
section captions used in this act are not part of the law." [1997 c 231 § 403.]
Severability—1997 c 231: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 231 § 404.]
(2008 Ed.)
48.43.012
Effective dates—1997 c 231: "(1) Sections 104 through 108 and 301 of
this act take effect January 1, 1998.
(2) Section 111 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 1997.
(3) Section 205 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect immediately." [1997 c 231 §
405.]
Effective date—1997 c 55: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 16, 1997]." [1997 c 55 § 2.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.008 Enrollment in employer-sponsored health
plan—Person eligible for medical assistance. When the
department of social and health services determines that it is
cost-effective to enroll a person eligible for medical assistance under chapter 74.09 RCW in an employer-sponsored
health plan, a carrier shall permit the enrollment of the person
in the health plan for which he or she is otherwise eligible
without regard to any open enrollment period restrictions.
[2007 c 259 § 24.]
48.43.008
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.43.012 Individual health benefit plans—Preexisting conditions. (1) No carrier may reject an individual for an
individual health benefit plan based upon preexisting conditions of the individual except as provided in RCW 48.43.018.
(2) No carrier may deny, exclude, or otherwise limit coverage for an individual’s preexisting health conditions except
as provided in this section.
(3) For an individual health benefit plan originally issued
on or after March 23, 2000, preexisting condition waiting
periods imposed upon a person enrolling in an individual
health benefit plan shall be no more than nine months for a
preexisting condition for which medical advice was given,
for which a health care provider recommended or provided
treatment, or for which a prudent layperson would have
sought advice or treatment, within six months prior to the
effective date of the plan. No carrier may impose a preexisting condition waiting period on an individual health benefit
plan issued to an eligible individual as defined in section
2741(b) of the federal health insurance portability and
accountability act of 1996 (42 U.S.C. 300gg-41(b)).
(4) Individual health benefit plan preexisting condition
waiting periods shall not apply to prenatal care services.
(5) No carrier may avoid the requirements of this section
through the creation of a new rate classification or the modification of an existing rate classification. A new or changed
rate classification will be deemed an attempt to avoid the provisions of this section if the new or changed classification
would substantially discourage applications for coverage
from individuals who are higher than average health risks.
These provisions apply only to individuals who are Washington residents. [2001 c 196 § 6; 2000 c 79 § 19.]
48.43.012
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
[Title 48 RCW—page 315]
48.43.015
Title 48 RCW: Insurance
48.43.015 Health benefit plans—Preexisting conditions. (1) For a health benefit plan offered to a group, every
health carrier shall reduce any preexisting condition exclusion, limitation, or waiting period in the group health plan in
accordance with the provisions of section 2701 of the federal
health insurance portability and accountability act of 1996
(42 U.S.C. Sec. 300gg).
(2) For a health benefit plan offered to a group other than
a small group:
(a) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for at least three months, then the carrier shall
not impose a waiting period for coverage of preexisting conditions under the new health plan.
(b) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for less than three months, then the carrier
shall credit the time covered under the immediately preceding health plan toward any preexisting condition waiting
period under the new health plan.
(c) For the purposes of this subsection, a preceding
health plan includes an employer-provided self-funded health
plan, the basic health plan’s offering to health coverage tax
credit eligible enrollees as established by chapter 192, Laws
of 2004, and plans of the Washington state health insurance
pool.
(3) For a health benefit plan offered to a small group:
(a) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for at least nine months, then the carrier shall
not impose a waiting period for coverage of preexisting conditions under the new health plan.
(b) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for less than nine months, then the carrier
shall credit the time covered under the immediately preceding health plan toward any preexisting condition waiting
period under the new health plan.
(c) For the purpose of this subsection, a preceding health
plan includes an employer-provided self-funded health plan,
the basic health plan’s offering to health coverage tax credit
eligible enrollees as established by chapter 192, Laws of
2004, and plans of the Washington state health insurance
pool.
(4) For a health benefit plan offered to an individual,
other than an individual to whom subsection (5) of this section applies, every health carrier shall credit any preexisting
condition waiting period in that plan for a person who was
enrolled at any time during the sixty-three day period immediately preceding the date of application for the new health
plan in a group health benefit plan or an individual health
benefit plan, other than a catastrophic health plan, and (a) the
benefits under the previous plan provide equivalent or greater
48.43.015
[Title 48 RCW—page 316]
overall benefit coverage than that provided in the health benefit plan the individual seeks to purchase; or (b) the person is
seeking an individual health benefit plan due to his or her
change of residence from one geographic area in Washington
state to another geographic area in Washington state where
his or her current health plan is not offered, if application for
coverage is made within ninety days of relocation; or (c) the
person is seeking an individual health benefit plan: (i)
Because a health care provider with whom he or she has an
established care relationship and from whom he or she has
received treatment within the past twelve months is no longer
part of the carrier’s provider network under his or her existing
Washington individual health benefit plan; and (ii) his or her
health care provider is part of another carrier’s provider network; and (iii) application for a health benefit plan under that
carrier’s provider network individual coverage is made
within ninety days of his or her provider leaving the previous
carrier’s provider network. The carrier must credit the period
of coverage the person was continuously covered under the
immediately preceding health plan toward the waiting period
of the new health plan. For the purposes of this subsection
(4), a preceding health plan includes an employer-provided
self-funded health plan, the basic health plan’s offering to
health coverage tax credit eligible enrollees as established by
chapter 192, Laws of 2004, and plans of the Washington state
health insurance pool.
(5) Every health carrier shall waive any preexisting condition waiting period in its individual plans for a person who
is an eligible individual as defined in section 2741(b) of the
federal health insurance portability and accountability act of
1996 (42 U.S.C. Sec. 300gg-41(b)).
(6) Subject to the provisions of subsections (1) through
(5) of this section, nothing contained in this section requires a
health carrier to amend a health plan to provide new benefits
in its existing health plans. In addition, nothing in this section requires a carrier to waive benefit limitations not related
to an individual or group’s preexisting conditions or health
history. [2004 c 192 § 5; 2001 c 196 § 7; 2000 c 80 § 3; 2000
c 79 § 20; 1995 c 265 § 5.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.018
48.43.018 Requirement to complete the standard health questionnaire—Exemptions—Results (as amended by 2007 c 80). (1) Except as
provided in (a) through (((e))) (d) of this subsection, a health carrier may
require any person applying for an individual health benefit plan to complete
the standard health questionnaire designated under chapter 48.41 RCW.
(a) If a person is seeking an individual health benefit plan due to his or
her change of residence from one geographic area in Washington state to
another geographic area in Washington state where his or her current health
plan is not offered, completion of the standard health questionnaire shall not
be a condition of coverage if application for coverage is made within ninety
days of relocation.
(b) If a person is seeking an individual health benefit plan:
(i) Because a health care provider with whom he or she has an established care relationship and from whom he or she has received treatment
within the past twelve months is no longer part of the carrier’s provider network under his or her existing Washington individual health benefit plan;
and
(2008 Ed.)
Insurance Reform
(ii) His or her health care provider is part of another carrier’s provider
network; and
(iii) Application for a health benefit plan under that carrier’s provider
network individual coverage is made within ninety days of his or her provider leaving the previous carrier’s provider network; then completion of the
standard health questionnaire shall not be a condition of coverage.
(c) If a person is seeking an individual health benefit plan due to his or
her having exhausted continuation coverage provided under 29 U.S.C. Sec.
1161 et seq., completion of the standard health questionnaire shall not be a
condition of coverage if application for coverage is made within ninety days
of exhaustion of continuation coverage. A health carrier shall accept an
application without a standard health questionnaire from a person currently
covered by such continuation coverage if application is made within ninety
days prior to the date the continuation coverage would be exhausted and the
effective date of the individual coverage applied for is the date the continuation coverage would be exhausted, or within ninety days thereafter.
(d) ((If a person is seeking an individual health benefit plan due to his
or her receiving notice that his or her coverage under a conversion contract
is discontinued, completion of the standard health questionnaire shall not be
a condition of coverage if application for coverage is made within ninety
days of discontinuation of eligibility under the conversion contract. A health
carrier shall accept an application without a standard health questionnaire
from a person currently covered by such conversion contract if application is
made within ninety days prior to the date eligibility under the conversion
contract would be discontinued and the effective date of the individual coverage applied for is the date eligibility under the conversion contract would
be discontinued, or within ninety days thereafter.
(e))) If a person is seeking an individual health benefit plan and, but for
the number of persons employed by his or her employer, would have qualified for continuation coverage provided under 29 U.S.C. Sec. 1161 et seq.,
completion of the standard health questionnaire shall not be a condition of
coverage if: (i) Application for coverage is made within ninety days of a
qualifying event as defined in 29 U.S.C. Sec. 1163; and (ii) the person had at
least twenty-four months of continuous group coverage immediately prior to
the qualifying event. A health carrier shall accept an application without a
standard health questionnaire from a person with at least twenty-four months
of continuous group coverage if application is made no more than ninety
days prior to the date of a qualifying event and the effective date of the individual coverage applied for is the date of the qualifying event, or within
ninety days thereafter.
(2) If, based upon the results of the standard health questionnaire, the
person qualifies for coverage under the Washington state health insurance
pool, the following shall apply:
(a) The carrier may decide not to accept the person’s application for
enrollment in its individual health benefit plan; and
(b) Within fifteen business days of receipt of a completed application,
the carrier shall provide written notice of the decision not to accept the person’s application for enrollment to both the person and the administrator of
the Washington state health insurance pool. The notice to the person shall
state that the person is eligible for health insurance provided by the Washington state health insurance pool, and shall include information about the
Washington state health insurance pool and an application for such coverage.
If the carrier does not provide or postmark such notice within fifteen business days, the application is deemed approved.
(3) If the person applying for an individual health benefit plan: (a)
Does not qualify for coverage under the Washington state health insurance
pool based upon the results of the standard health questionnaire; (b) does
qualify for coverage under the Washington state health insurance pool based
upon the results of the standard health questionnaire and the carrier elects to
accept the person for enrollment; or (c) is not required to complete the standard health questionnaire designated under this chapter under subsection
(1)(a) or (b) of this section, the carrier shall accept the person for enrollment
if he or she resides within the carrier’s service area and provide or assure the
provision of all covered services regardless of age, sex, family structure, ethnicity, race, health condition, geographic location, employment status, socioeconomic status, other condition or situation, or the provisions of RCW
49.60.174(2). The commissioner may grant a temporary exemption from
this subsection if, upon application by a health carrier, the commissioner
finds that the clinical, financial, or administrative capacity to serve existing
enrollees will be impaired if a health carrier is required to continue enrollment of additional eligible individuals. [2007 c 80 § 13; 2004 c 244 § 3;
2001 c 196 § 8; 2000 c 80 § 4; 2000 c 79 § 21.]
48.43.018
48.43.018 Requirement to complete the standard health questionnaire—Exemptions—Results (as amended by 2007 c 259). (1) Except as
(2008 Ed.)
48.43.018
provided in (a) through (e) of this subsection, a health carrier may require
any person applying for an individual health benefit plan and the health care
authority shall require any person applying for nonsubsidized enrollment in
the basic health plan to complete the standard health questionnaire designated under chapter 48.41 RCW.
(a) If a person is seeking an individual health benefit plan or enrollment
in the basic health plan as a nonsubsidized enrollee due to his or her change
of residence from one geographic area in Washington state to another geographic area in Washington state where his or her current health plan is not
offered, completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of
relocation.
(b) If a person is seeking an individual health benefit plan or enrollment
in the basic health plan as a nonsubsidized enrollee:
(i) Because a health care provider with whom he or she has an established care relationship and from whom he or she has received treatment
within the past twelve months is no longer part of the carrier’s provider network under his or her existing Washington individual health benefit plan;
and
(ii) His or her health care provider is part of another carrier’s or a basic
health plan managed care system’s provider network; and
(iii) Application for a health benefit plan under that carrier’s provider
network individual coverage or for basic health plan nonsubsidized enrollment is made within ninety days of his or her provider leaving the previous
carrier’s provider network; then completion of the standard health questionnaire shall not be a condition of coverage.
(c) If a person is seeking an individual health benefit plan or enrollment
in the basic health plan as a nonsubsidized enrollee due to his or her having
exhausted continuation coverage provided under 29 U.S.C. Sec. 1161 et seq.,
completion of the standard health questionnaire shall not be a condition of
coverage if application for coverage is made within ninety days of exhaustion of continuation coverage. A health carrier or the health care authority as
administrator of basic health plan nonsubsidized coverage shall accept an
application without a standard health questionnaire from a person currently
covered by such continuation coverage if application is made within ninety
days prior to the date the continuation coverage would be exhausted and the
effective date of the individual coverage applied for is the date the continuation coverage would be exhausted, or within ninety days thereafter.
(d) If a person is seeking an individual health benefit plan or enrollment
in the basic health plan as a nonsubsidized enrollee due to his or her receiving notice that his or her coverage under a conversion contract is discontinued, completion of the standard health questionnaire shall not be a condition
of coverage if application for coverage is made within ninety days of discontinuation of eligibility under the conversion contract. A health carrier or the
health care authority as administrator of basic health plan nonsubsidized
coverage shall accept an application without a standard health questionnaire
from a person currently covered by such conversion contract if application is
made within ninety days prior to the date eligibility under the conversion
contract would be discontinued and the effective date of the individual coverage applied for is the date eligibility under the conversion contract would
be discontinued, or within ninety days thereafter.
(e) If a person is seeking an individual health benefit plan ((and, but for
the number of persons employed by his or her employer, would have qualified for)) or enrollment in the basic health plan as a nonsubsidized enrollee
following disenrollment from a health plan that is exempt from continuation
coverage provided under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire shall not be a condition of coverage if: (i) ((Application for coverage is made within ninety days of a qualifying event as
defined in 29 U.S.C. Sec. 1163; and (ii))) The person had at least twenty-four
months of continuous group coverage including church plans immediately
prior to ((the qualifying event. A health carrier shall accept an application
without a standard health questionnaire from a person with at least twentyfour months of continuous group coverage if)) disenrollment; (ii) application
is made no more than ninety days prior to the date of ((a qualifying event))
disenrollment; and (iii) the effective date of the individual coverage applied
for is the date of ((the qualifying event)) disenrollment, or within ninety days
thereafter.
(f) If a person is seeking an individual health benefit plan, completion
of the standard health questionnaire shall not be a condition of coverage if:
(i) The person had at least twenty-four months of continuous basic health
plan coverage under chapter 70.47 RCW immediately prior to disenrollment;
and (ii) application for coverage is made within ninety days of disenrollment
from the basic health plan. A health carrier shall accept an application without a standard health questionnaire from a person with at least twenty-four
months of continuous basic health plan coverage if application is made no
more than ninety days prior to the date of disenrollment and the effective
[Title 48 RCW—page 317]
48.43.021
Title 48 RCW: Insurance
date of the individual coverage applied for is the date of disenrollment, or
within ninety days thereafter.
(2) If, based upon the results of the standard health questionnaire, the
person qualifies for coverage under the Washington state health insurance
pool, the following shall apply:
(a) The carrier may decide not to accept the person’s application for
enrollment in its individual health benefit plan and the health care authority,
as administrator of basic health plan nonsubsidized coverage, shall not
accept the person’s application for enrollment as a nonsubsidized enrollee;
and
(b) Within fifteen business days of receipt of a completed application,
the carrier or the health care authority as administrator of basic health plan
nonsubsidized coverage shall provide written notice of the decision not to
accept the person’s application for enrollment to both the person and the
administrator of the Washington state health insurance pool. The notice to
the person shall state that the person is eligible for health insurance provided
by the Washington state health insurance pool, and shall include information
about the Washington state health insurance pool and an application for such
coverage. If the carrier or the health care authority as administrator of basic
health plan nonsubsidized coverage does not provide or postmark such
notice within fifteen business days, the application is deemed approved.
(3) If the person applying for an individual health benefit plan: (a)
Does not qualify for coverage under the Washington state health insurance
pool based upon the results of the standard health questionnaire; (b) does
qualify for coverage under the Washington state health insurance pool based
upon the results of the standard health questionnaire and the carrier elects to
accept the person for enrollment; or (c) is not required to complete the standard health questionnaire designated under this chapter under subsection
(1)(a) or (b) of this section, the carrier or the health care authority as administrator of basic health plan nonsubsidized coverage, whichever entity
administered the standard health questionnaire, shall accept the person for
enrollment if he or she resides within the carrier’s or the basic health plan’s
service area and provide or assure the provision of all covered services
regardless of age, sex, family structure, ethnicity, race, health condition, geographic location, employment status, socioeconomic status, other condition
or situation, or the provisions of RCW 49.60.174(2). The commissioner may
grant a temporary exemption from this subsection if, upon application by a
health carrier, the commissioner finds that the clinical, financial, or administrative capacity to serve existing enrollees will be impaired if a health carrier
is required to continue enrollment of additional eligible individuals. [2007 c
259 § 37; 2004 c 244 § 3; 2001 c 196 § 8; 2000 c 80 § 4; 2000 c 79 § 21.]
Reviser’s note: RCW 48.43.018 was amended twice during the 2007
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
purposes of claims processing, may not display on the card an
identification number that includes more than a four-digit
portion of the person’s complete social security number.
[2004 c 115 § 1.]
48.43.023 Pharmacy identification cards—Rules. (1)
A health carrier that provides coverage for prescription drugs
provided on an outpatient basis and issues a card or other
technology for claims processing, or an administrator of a
health benefit plan including, but not limited to, third-party
administrators for self-insured plans, pharmacy benefits managers, and state administered plans, shall issue to its enrollees
a pharmacy identification card or other technology containing all information required for proper prescription drug
claims adjudication.
(2) Upon renewal of the health benefit plan, information
on the pharmacy identification card or other technology shall
be made current by the health carrier or other entity that
issues the card.
(3) Nothing in this section shall be construed to require
any health carrier or administrator of a health benefit plan to
issue a pharmacy identification card or other technology separate from another identification card issued to an enrollee
under the health benefit plan if the identification card contains all of the information required under subsection (1) of
this section.
(4) This section applies to health benefit plans that are
delivered, issued for delivery, or renewed on or after July 1,
2003. For the purposes of this section, renewal of a health
benefit policy, contract, or plan occurs on each anniversary of
the date on which coverage was first effective on the person
or persons covered by the health benefit plan.
(5) The insurance commissioner may adopt rules to
implement chapter 106, Laws of 2001, taking into consideration any relevant standards developed by the national council for prescription drug programs and the requirements of the
federal health insurance portability and accountability act of
1996. [2001 c 106 § 2.]
48.43.023
Intent—2001 c 106: "It is the intent of the legislature to improve care
to patients by minimizing confusion, eliminating unnecessary paperwork,
decreasing administrative burdens, and streamlining dispensing of prescription products paid for by third-party payors." [2001 c 106 § 1.]
48.43.025 Group health benefit plans—Preexisting
conditions. (1) For group health benefit plans for groups
other than small groups, no carrier may reject an individual
for health plan coverage based upon preexisting conditions of
the individual and no carrier may deny, exclude, or otherwise
limit coverage for an individual’s preexisting health conditions; except that a carrier may impose a three-month benefit
waiting period for preexisting conditions for which medical
advice was given, or for which a health care provider recommended or provided treatment within three months before the
effective date of coverage. Any preexisting condition waiting
period or limitation relating to pregnancy as a preexisting
condition shall be imposed only to the extent allowed in the
federal health insurance portability and accountability act of
1996.
(2) For group health benefit plans for small groups, no
carrier may reject an individual for health plan coverage
based upon preexisting conditions of the individual and no
48.43.025
48.43.021 Personally identifiable health information—Restrictions on release. Except as otherwise required
by statute or rule, a carrier and the Washington state health
insurance pool, and persons acting at the direction of or on
behalf of a carrier or the pool, who are in receipt of an
enrollee’s or applicant’s personally identifiable health information included in the standard health questionnaire shall not
disclose the identifiable health information unless such disclosure is explicitly authorized in writing by the person who
is the subject of the information. [2000 c 79 § 22.]
48.43.021
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.022 Enrollee identification card—Social security number restriction. After December 31, 2005, a health
carrier that issues a card identifying a person as an enrollee,
and requires the person to present the card to providers for
48.43.022
[Title 48 RCW—page 318]
(2008 Ed.)
Insurance Reform
carrier may deny, exclude, or otherwise limit coverage for an
individual’s preexisting health conditions. Except that a carrier may impose a nine-month benefit waiting period for preexisting conditions for which medical advice was given, or
for which a health care provider recommended or provided
treatment within six months before the effective date of coverage. Any preexisting condition waiting period or limitation
relating to pregnancy as a preexisting condition shall be
imposed only to the extent allowed in the federal health insurance portability and accountability act of 1996.
(3) No carrier may avoid the requirements of this section
through the creation of a new rate classification or the modification of an existing rate classification. A new or changed
rate classification will be deemed an attempt to avoid the provisions of this section if the new or changed classification
would substantially discourage applications for coverage
from individuals or groups who are higher than average
health risks. These provisions apply only to individuals who
are Washington residents. [2001 c 196 § 9; 2000 c 79 § 23;
1995 c 265 § 6.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.028 Eligibility to purchase certain health benefit plans—Small employers and small groups. To the
extent required of the federal health insurance portability and
accountability act of 1996, the eligibility of an employer or
group to purchase a health benefit plan set forth in RCW
48.21.045(1)(b), 48.44.023(1)(b), and 48.46.066(1)(b) must
be extended to all small employers and small groups as
defined in RCW 48.43.005. [2001 c 196 § 10.]
48.43.028
Effective date—2001 c 196: See note following RCW 48.20.025.
48.43.035 Group health benefit plans—Guaranteed
issue and continuity of coverage—Exceptions—Group of
one. For group health benefit plans, the following shall
apply:
(1) All health carriers shall accept for enrollment any
state resident within the group to whom the plan is offered
and within the carrier’s service area and provide or assure the
provision of all covered services regardless of age, sex, family structure, ethnicity, race, health condition, geographic
location, employment status, socioeconomic status, other
c o n di tio n o r s itu a t io n, or th e p r ov i si on s o f RC W
49.60.174(2). The insurance commissioner may grant a temporary exemption from this subsection, if, upon application
by a health carrier the commissioner finds that the clinical,
financial, or administrative capacity to serve existing enrollees will be impaired if a health carrier is required to continue
enrollment of additional eligible individuals.
(2) Except as provided in subsection (5) of this section,
all health plans shall contain or incorporate by endorsement a
guarantee of the continuity of coverage of the plan. For the
purposes of this section, a plan is "renewed" when it is continued beyond the earliest date upon which, at the carrier’s
sole option, the plan could have been terminated for other
than nonpayment of premium. The carrier may consider the
48.43.035
(2008 Ed.)
48.43.035
group’s anniversary date as the renewal date for purposes of
complying with the provisions of this section.
(3) The guarantee of continuity of coverage required in
health plans shall not prevent a carrier from canceling or nonrenewing a health plan for:
(a) Nonpayment of premium;
(b) Violation of published policies of the carrier
approved by the insurance commissioner;
(c) Covered persons entitled to become eligible for medicare benefits by reason of age who fail to apply for a medicare supplement plan or medicare cost, risk, or other plan
offered by the carrier pursuant to federal laws and regulations;
(d) Covered persons who fail to pay any deductible or
copayment amount owed to the carrier and not the provider of
health care services;
(e) Covered persons committing fraudulent acts as to the
carrier;
(f) Covered persons who materially breach the health
plan; or
(g) Change or implementation of federal or state laws
that no longer permit the continued offering of such coverage.
(4) The provisions of this section do not apply in the following cases:
(a) A carrier has zero enrollment on a product;
(b) A carrier replaces a product and the replacement
product is provided to all covered persons within that class or
line of business, includes all of the services covered under the
replaced product, and does not significantly limit access to
the kind of services covered under the replaced product. The
health plan may also allow unrestricted conversion to a fully
comparable product;
(c) No sooner than January 1, 2005, a carrier discontinues offering a particular type of health benefit plan offered
for groups of up to two hundred if: (i) The carrier provides
notice to each group of the discontinuation at least ninety
days prior to the date of the discontinuation; (ii) the carrier
offers to each group provided coverage of this type the option
to enroll, with regard to small employer groups, in any other
small employer group plan, or with regard to groups of up to
two hundred, in any other applicable group plan, currently
being offered by the carrier in the applicable group market;
and (iii) in exercising the option to discontinue coverage of
this type and in offering the option of coverage under (c)(ii)
of this subsection, the carrier acts uniformly without regard to
any health status-related factor of enrolled individuals or
individuals who may become eligible for this coverage;
(d) A carrier discontinues offering all health coverage in
the small group market or for groups of up to two hundred, or
both markets, in the state and discontinues coverage under all
existing group health benefit plans in the applicable market
involved if: (i) The carrier provides notice to the commissioner of its intent to discontinue offering all such coverage in
the state and its intent to discontinue coverage under all such
existing health benefit plans at least one hundred eighty days
prior to the date of the discontinuation of coverage under all
such existing health benefit plans; and (ii) the carrier provides notice to each covered group of the intent to discontinue the existing health benefit plan at least one hundred
eighty days prior to the date of discontinuation. In the case of
[Title 48 RCW—page 319]
48.43.038
Title 48 RCW: Insurance
discontinuation under this subsection, the carrier may not
issue any group health coverage in this state in the applicable
group market involved for a five-year period beginning on
the date of the discontinuation of the last health benefit plan
not so renewed. This subsection (4) does not require a carrier
to provide notice to the commissioner of its intent to discontinue offering a health benefit plan to new applicants when
the carrier does not discontinue coverage of existing enrollees under that health benefit plan; or
(e) A carrier is withdrawing from a service area or from
a segment of its service area because the carrier has demonstrated to the insurance commissioner that the carrier’s clinical, financial, or administrative capacity to serve enrollees
would be exceeded.
(5) The provisions of this section do not apply to health
plans deemed by the insurance commissioner to be unique or
limited or have a short-term purpose, after a written request
for such classification by the carrier and subsequent written
approval by the insurance commissioner.
(6) Notwithstanding any other provision of this section,
the guarantee of continuity of coverage applies to a group of
one only if: (a) The carrier continues to offer any other small
employer group plan in which the group of one was eligible
to enroll on the day prior to June 10, 2004; and (b) the person
continues to qualify as a group of one under the criteria in
place on the day prior to June 10, 2004. [2004 c 244 § 4;
2000 c 79 § 24; 1995 c 265 § 7.]
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.038 Individual health plans—Guarantee of
continuity of coverage—Exceptions. (1) Except as provided in subsection (4) of this section, all individual health
plans shall contain or incorporate by endorsement a guarantee of the continuity of coverage of the plan. For the purposes
of this section, a plan is "renewed" when it is continued
beyond the earliest date upon which, at the carrier’s sole
option, the plan could have been terminated for other than
nonpayment of premium.
(2) The guarantee of continuity of coverage required in
individual health plans shall not prevent a carrier from canceling or nonrenewing a health plan for:
(a) Nonpayment of premium;
(b) Violation of published policies of the carrier
approved by the commissioner;
(c) Covered persons entitled to become eligible for medicare benefits by reason of age who fail to apply for a medicare supplement plan or medicare cost, risk, or other plan
offered by the carrier pursuant to federal laws and regulations;
(d) Covered persons who fail to pay any deductible or
copayment amount owed to the carrier and not the provider of
health care services;
(e) Covered persons committing fraudulent acts as to the
carrier;
(f) Covered persons who materially breach the health
plan; or
48.43.038
[Title 48 RCW—page 320]
(g) Change or implementation of federal or state laws
that no longer permit the continued offering of such coverage.
(3) This section does not apply in the following cases:
(a) A carrier has zero enrollment on a product;
(b) A carrier is withdrawing from a service area or from
a segment of its service area because the carrier has demonstrated to the commissioner that the carrier’s clinical, financial, or administrative capacity to serve enrollees would be
exceeded;
(c) No sooner than the first day of the month following
the expiration of a one hundred eighty-day period beginning
on March 23, 2000, a carrier discontinues offering a particular type of health benefit plan offered in the individual market
if: (i) The carrier provides notice to each covered individual
provided coverage of this type of such discontinuation at
least ninety days prior to the date of the discontinuation; (ii)
the carrier offers to each individual provided coverage of this
type the option, without being subject to the standard health
questionnaire, to enroll in any other individual health benefit
plan currently being offered by the carrier; and (iii) in exercising the option to discontinue coverage of this type and in
offering the option of coverage under (c)(ii) of this subsection, the carrier acts uniformly without regard to any health
status-related factor of enrolled individuals or individuals
who may become eligible for such coverage; or
(d) A carrier discontinues offering all individual health
coverage in the state and discontinues coverage under all
existing individual health benefit plans if: (i) The carrier provides notice to the commissioner of its intent to discontinue
offering all individual health coverage in the state and its
intent to discontinue coverage under all existing health benefit plans at least one hundred eighty days prior to the date of
the discontinuation of coverage under all existing health benefit plans; and (ii) the carrier provides notice to each covered
individual of the intent to discontinue his or her existing
health benefit plan at least one hundred eighty days prior to
the date of such discontinuation. In the case of discontinuation under this subsection, the carrier may not issue any individual health coverage in this state for a five-year period
beginning on the date of the discontinuation of the last health
plan not so renewed. Nothing in this subsection (3) shall be
construed to require a carrier to provide notice to the commissioner of its intent to discontinue offering a health benefit
plan to new applicants where the carrier does not discontinue
coverage of existing enrollees under that health benefit plan.
(4) The provisions of this section do not apply to health
plans deemed by the commissioner to be unique or limited or
have a short-term purpose, after a written request for such
classification by the carrier and subsequent written approval
by the commissioner. [2000 c 79 § 25.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.041 Individual health benefit plans—Mandatory benefits. (1) All individual health benefit plans, other
than catastrophic health plans, offered or renewed on or after
October 1, 2000, shall include benefits described in this section. Nothing in this section shall be construed to require a
carrier to offer an individual health benefit plan.
48.43.041
(2008 Ed.)
Insurance Reform
(a) Maternity services that include, with no enrollee costsharing requirements beyond those generally applicable costsharing requirements: Diagnosis of pregnancy; prenatal care;
delivery; care for complications of pregnancy; physician services; hospital services; operating or other special procedure
rooms; radiology and laboratory services; appropriate medications; anesthesia; and services required under RCW
48.43.115; and
(b) Prescription drug benefits with at least a two thousand dollar benefit payable by the carrier annually.
(2) If a carrier offers a health benefit plan that is not a
catastrophic health plan to groups, and it chooses to offer a
health benefit plan to individuals, it must offer at least one
health benefit plan to individuals that is not a catastrophic
health plan. [2000 c 79 § 26.]
Effective dates—2000 c 79 §§ 26, 38, and 39: "(1) Section 38 of this
act takes effect July 1, 2000.
(2) Section 39 of this act takes effect September 1, 2000.
(3) *Section 26 of this act takes effect on the first day of the month following the expiration of a one hundred eighty-day period beginning on the
effective date of section 25 of this act." [2000 c 79 § 50.]
*Reviser’s note: Section 26 of this act takes effect October 1, 2000.
Severability—2000 c 79: See note following RCW 48.04.010.
48.43.043 Colorectal cancer examinations and laboratory tests—Required benefits or coverage. (1) Health
plans issued or renewed on or after July 1, 2008, must provide benefits or coverage for colorectal cancer examinations
and laboratory tests consistent with the guidelines or recommendations of the United States preventive services task
force or the federal centers for disease control and prevention. Benefits or coverage must be provided:
(a) For any of the colorectal screening examinations and
tests in the selected guidelines or recommendations, at a frequency identified in such guidelines or recommendations, as
deemed appropriate by the patient’s physician after consultation with the patient; and
(b) To a covered individual who is:
(i) At least fifty years old; or
(ii) Less than fifty years old and at high risk or very high
risk for colorectal cancer according to such guidelines or recommendations.
(2) To encourage colorectal cancer screenings, patients
and health care providers must not be required to meet burdensome criteria or overcome significant obstacles to secure
such coverage. An individual may not be required to pay an
additional deductible or coinsurance for testing that is greater
than an annual deductible or coinsurance established for similar benefits. If the health plan does not cover a similar benefit, a deductible or coinsurance may not be set at a level that
materially diminishes the value of the colorectal cancer benefit required.
(3)(a) A health carrier is not required under this section
to provide for a referral to a nonparticipating health care provider, unless the carrier does not have an appropriate health
care provider that is available and accessible to administer
the screening exam and that is a participating health care provider with respect to such treatment.
(b) If a health carrier refers an individual to a nonparticipating health care provider pursuant to this section, screening exam services or resulting treatment, if any, must be pro48.43.043
(2008 Ed.)
48.43.049
vided at no additional cost to the individual beyond what the
individual would otherwise pay for services provided by a
participating health care provider. [2007 c 23 § 1.]
48.43.045 Health plan requirements—Annual
reports—Exemptions. (1) Every health plan delivered,
issued for delivery, or renewed by a health carrier on and
after January 1, 1996, shall:
(a) Permit every category of health care provider to provide health services or care for conditions included in the
basic health plan services to the extent that:
(i) The provision of such health services or care is within
the health care providers’ permitted scope of practice; and
(ii) The providers agree to abide by standards related to:
(A) Provision, utilization review, and cost containment
of health services;
(B) Management and administrative procedures; and
(C) Provision of cost-effective and clinically efficacious
health services.
(b) Annually report the names and addresses of all officers, directors, or trustees of the health carrier during the preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals, unless substantially similar information is filed with the commissioner or
the national association of insurance commissioners. This
requirement does not apply to a foreign or alien insurer regulated under chapter 48.20 or 48.21 RCW that files a supplemental compensation exhibit in its annual statement as
required by law.
(2) The requirements of subsection (1)(a) of this section
do not apply to a licensed health care profession regulated
under Title 18 RCW when the licensing statute for the profession states that such requirements do not apply. [2007 c 253
§ 12; 2007 c 98 § 18; 2006 c 25 § 7; 1997 c 231 § 205; 1995
c 265 § 8.]
48.43.045
Severability—Effective date—Implementation—2007 c 253: See
RCW 18.250.900 through 18.250.902.
Effective dates—2007 c 98: See RCW 18.74.912.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.049 Health carrier data—Information from
annual statement—Format prescribed by commissioner—Public availability. (1) Each health carrier offering
a health benefit plan shall submit to the commissioner on or
before April 1st of each year as part of the additional data
statement or as a supplemental data statement the following
information:
(a) The following information for the preceding year that
is derived from the carrier’s annual statement, including the
exhibit of premiums, enrollments, and utilization for its
Washington business, and the additional data to the annual
statement. The information must be shown for five categories, total, individual contracts, small group contracts, and
large group contracts (excluding government contracts), and
government contracts:
(i) The total number of members;
(ii) The total amount of revenue;
(iii) The total amount of hospital and medical payments;
48.43.049
[Title 48 RCW—page 321]
48.43.055
Title 48 RCW: Insurance
(iv) The medical loss ratio, that is computed by dividing
the total amount of hospital and medical payments by the
total amount of revenues;
(v) The average amount of premiums per member per
month; and
(vi) The percentage change in the average premium per
member per month, measured from the previous year; and
(b) The following aggregate financial information for the
preceding year that is derived from the carrier’s annual statement:
(i) The total amount of claim adjustment expenses;
(ii) The total amount of general administrative expenses,
including identification of the five largest nonmedical administrative expenses and the assessment against the carrier for
the Washington state health insurance pool;
(iii) The total amount of the reserves maintained for
unpaid claims;
(iv) The total net underwriting gain or loss;
(v) The carrier’s net income after taxes;
(vi) Dividends to stockholders;
(vii) The net change in capital and surplus from the prior
year; and
(viii) The total amount of the capital and surplus.
(2) A carrier shall electronically submit the information
described in subsection (1) of this section in a format and
according to instructions prescribed by the commissioner.
(3) The commissioner shall make the information
reported under this section available to the public in a format
that allows comparison among carriers through a searchable
public web site on the internet.
(4) For the purposes of licensed disability insurers, the
commissioner shall work collaboratively with insurers to
develop an additional or supplemental data statement that utilizes to the maximum extent possible information from the
annual statement forms that are currently filed by these entities. [2006 c 104 § 2.]
Intent—2006 c 104: "Health carriers are currently required to file statutory annual statements with the office of the insurance commissioner or the
national association of insurance commissioners. These annual statements
are extensive and contain a significant amount of financial information.
These annual statements are public documents; however, such financial
information can be complex and difficult to read and understand.
It is the intent of this act to provide a method of reporting certain financial data in a user friendly format. It is also the intent of this act, to the extent
possible, to utilize existing information from the annual statements when
developing the additional or supplemental data statement required by this
act, and to the extent possible, avoid imposing additional reporting requirements that have the unintended consequences of unduly increasing administrative costs for carriers required to file such information." [2006 c 104 § 1.]
48.43.055 Procedures for review and adjudication of
health care provider complaints—Requirements. Each
health carrier as defined under RCW 48.43.005 shall file with
the commissioner its procedures for review and adjudication
of complaints initiated by health care providers. Procedures
filed under this section shall provide a fair review for consideration of complaints. Every health carrier shall provide reasonable means allowing any health care provider aggrieved
by actions of the health carrier to be heard after submitting a
written request for review. If the health carrier fails to grant
or reject a request within thirty days after it is made, the complaining health care provider may proceed as if the complaint
had been rejected. A complaint that has been rejected by the
48.43.055
[Title 48 RCW—page 322]
health carrier may be submitted to nonbinding mediation.
Mediation shall be conducted under chapter 7.07 RCW, or
any other rules of mediation agreed to by the parties. This
section is solely for resolution of provider complaints. Complaints by, or on behalf of, a covered person are subject to the
grievance processes in RCW 48.43.530. [2005 c 172 § 19;
2002 c 300 § 6; 1995 c 265 § 20.]
Short title—Captions not law—Severability—Effective date—2005
c 172: See RCW 7.07.900 through 7.07.902 and 7.07.904.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.065 Right of individuals to receive services—
Right of providers, carriers, and facilities to refuse to participate in or pay for services for reason of conscience or
religion—Requirements. (1) The legislature recognizes
that every individual possesses a fundamental right to exercise their religious beliefs and conscience. The legislature
further recognizes that in developing public policy, conflicting religious and moral beliefs must be respected. Therefore,
while recognizing the right of conscientious objection to participating in specific health services, the state shall also recognize the right of individuals enrolled with plans containing
the basic health plan services to receive the full range of services covered under the plan.
(2)(a) No individual health care provider, religiously
sponsored health carrier, or health care facility may be
required by law or contract in any circumstances to participate in the provision of or payment for a specific service if
they object to so doing for reason of conscience or religion.
No person may be discriminated against in employment or
professional privileges because of such objection.
(b) The provisions of this section are not intended to
result in an enrollee being denied timely access to any service
included in the basic health plan services. Each health carrier
shall:
(i) Provide written notice to enrollees, upon enrollment
with the plan, listing services that the carrier refuses to cover
for reason of conscience or religion;
(ii) Provide written information describing how an
enrollee may directly access services in an expeditious manner; and
(iii) Ensure that enrollees refused services under this section have prompt access to the information developed pursuant to (b)(ii) of this subsection.
(c) The insurance commissioner shall establish by rule a
mechanism or mechanisms to recognize the right to exercise
conscience while ensuring enrollees timely access to services
and to assure prompt payment to service providers.
(3)(a) No individual or organization with a religious or
moral tenet opposed to a specific service may be required to
purchase coverage for that service or services if they object to
doing so for reason of conscience or religion.
(b) The provisions of this section shall not result in an
enrollee being denied coverage of, and timely access to, any
service or services excluded from their benefits package as a
result of their employer’s or another individual’s exercise of
the conscience clause in (a) of this subsection.
(c) The insurance commissioner shall define by rule the
process through which health carriers may offer the basic
health plan services to individuals and organizations identi48.43.065
(2008 Ed.)
Insurance Reform
fied in (a) and (b) of this subsection in accordance with the
provisions of subsection (2)(c) of this section.
(4) Nothing in this section requires a health carrier,
health care facility, or health care provider to provide any
health care services without appropriate payment of premium
or fee. [1995 c 265 § 25.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.43.083 Chiropractor services—Participating provider agreement—Health carrier reimbursement. (1) A
health carrier must reimburse a chiropractor who has signed a
participating provider agreement for services determined by
the carrier to be medically necessary if:
(a) The service is:
(i) Covered chiropractic health care, as defined in RCW
48.43.515, by the health plan under which the enrollee
received the services; and
(ii) Provided by the chiropractor, or the chiropractor’s
employee specified in RCW 18.25.190 (2) or (3) who works
in the same location as the chiropractor and to whom the chiropractor, pursuant to rules adopted by the Washington state
chiropractic quality assurance commission, has delegated the
service. The employee must meet the health carrier’s reasonable qualifications for all such providers in the relevant class,
including but not limited to standards for education and background checks, as applicable; and
(b) The chiropractor complies with the terms and conditions of the participating provider agreement. Violations of
the participating provider agreement by an employee of the
chiropractor to whom he or she has delegated a service may
be deemed by the carrier to have been committed by the chiropractor.
(2) If a health carrier offers a participating provider
agreement to a chiropractor within a single practice organized as a sole proprietorship, partnership, or corporation, the
carrier must offer the same participating provider agreement
to any other chiropractor within that practice providing services at the same location. The agreement may allow either
party to terminate it without cause. [2007 c 502 § 1.]
48.43.083
Savings—2007 c 502: "This act does not affect any existing right
acquired or liability or obligation incurred prior to January 1, 2008." [2007
c 502 § 3.]
Severability—2007 c 502: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 502 § 4.]
Effective date—2007 c 502: "This act takes effect January 1, 2008."
[2007 c 502 § 5.]
48.43.085 Health carrier may not prohibit its enrollees from contracting for services outside the health care
plan. Notwithstanding any other provision of law, no health
carrier subject to the jurisdiction of the state of Washington
may prohibit directly or indirectly its enrollees from freely
contracting at any time to obtain any health care services outside the health care plan on any terms or conditions the
enrollees choose. Nothing in this section shall be construed to
bind a carrier for any services delivered outside the health
plan. The provisions of this section shall be disclosed pursuant to *RCW 48.43.095(2). The insurance commissioner is
48.43.085
(2008 Ed.)
48.43.091
prohibited from adopting rules regarding this section. [1996
c 312 § 3.]
*Reviser’s note: RCW 48.43.095 was repealed by 2000 c 5 § 29, effective July 1, 2001.
48.43.087 Contracting for services at enrollee’s
expense—Mental health care practitioner—Conditions—
Exception. (1) For purposes of this section:
(a) "Health carrier" includes disability insurers regulated
under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, plans operating
under the health care authority under chapter 41.05 RCW, the
basic health plan operating under chapter 70.47 RCW, the
state health insurance pool operating under chapter 48.41
RCW, insuring entities regulated under this chapter, and
health maintenance organizations regulated under chapter
48.46 RCW.
(b) "Intermediary" means a person duly authorized to
negotiate and execute provider contracts with health carriers
on behalf of mental health care practitioners.
(c) Consistent with their lawful scopes of practice, "mental health care practitioners" includes only the following:
Any generally recognized medical specialty of practitioners
licensed under chapter 18.57 or 18.71 RCW who provide
mental health services, advanced practice psychiatric nurses
as authorized by the nursing care quality assurance commission under chapter 18.79 RCW, psychologists licensed under
chapter 18.83 RCW, and mental health counselors, marriage
and family therapists, and social workers licensed under
chapter 18.225 RCW.
(d) "Mental health services" means outpatient services.
(2) Consistent with federal and state law and rule, no
contract between a mental health care practitioner and an
intermediary or between a mental health care practitioner and
a health carrier that is written, amended, or renewed after
June 6, 1996, may contain a provision prohibiting a practitioner and an enrollee from agreeing to contract for services
solely at the expense of the enrollee as follows:
(a) On the exhaustion of the enrollee’s mental health care
coverage;
(b) During an appeal or an adverse certification process;
(c) When an enrollee’s condition is excluded from coverage; or
(d) For any other clinically appropriate reason at any
time.
(3) If a mental health care practitioner provides services
to an enrollee during an appeal or adverse certification process, the practitioner must provide to the enrollee written
notification that the enrollee is responsible for payment of
these services, unless the health carrier elects to pay for services provided.
(4) This section does not apply to a mental health care
practitioner who is employed full time on the staff of a health
carrier. [2001 c 251 § 33; 1996 c 304 § 1.]
48.43.087
Severability—2001 c 251: See RCW 18.225.900.
48.43.091 Health carrier coverage of outpatient mental health services—Requirements. Every health carrier
that provides coverage for any outpatient mental health service shall comply with the following requirements:
48.43.091
[Title 48 RCW—page 323]
48.43.093
Title 48 RCW: Insurance
(1) In performing a utilization review of mental health
services for a specific enrollee, the utilization review is limited to accessing only the specific health care information
contained in the enrollee’s record.
(2) In performing an audit of a provider that has furnished mental health services to a carrier’s enrollees, the
audit is limited to accessing only the records of enrollees covered by the specific health carrier for which the audit is being
performed, except as otherwise permitted by RCW 70.02.050
and 71.05.630. [1999 c 87 § 1.]
48.43.093 Health carrier coverage of emergency
medical services—Requirements—Conditions. (1) When
conducting a review of the necessity and appropriateness of
emergency services or making a benefit determination for
emergency services:
(a) A health carrier shall cover emergency services necessary to screen and stabilize a covered person if a prudent
layperson acting reasonably would have believed that an
emergency medical condition existed. In addition, a health
carrier shall not require prior authorization of such services
provided prior to the point of stabilization if a prudent layperson acting reasonably would have believed that an emergency medical condition existed. With respect to care
obtained from a nonparticipating hospital emergency department, a health carrier shall cover emergency services necessary to screen and stabilize a covered person if a prudent layperson would have reasonably believed that use of a participating hospital emergency department would result in a delay
that would worsen the emergency, or if a provision of federal,
state, or local law requires the use of a specific provider or
facility. In addition, a health carrier shall not require prior
authorization of such services provided prior to the point of
stabilization if a prudent layperson acting reasonably would
have believed that an emergency medical condition existed
and that use of a participating hospital emergency department
would result in a delay that would worsen the emergency.
(b) If an authorized representative of a health carrier
authorizes coverage of emergency services, the health carrier
shall not subsequently retract its authorization after the emergency services have been provided, or reduce payment for an
item or service furnished in reliance on approval, unless the
approval was based on a material misrepresentation about the
covered person’s health condition made by the provider of
emergency services.
(c) Coverage of emergency services may be subject to
applicable copayments, coinsurance, and deductibles, and a
health carrier may impose reasonable differential cost-sharing arrangements for emergency services rendered by nonparticipating providers, if such differential between costsharing amounts applied to emergency services rendered by
participating provider versus nonparticipating provider does
not exceed fifty dollars. Differential cost sharing for emergency services may not be applied when a covered person
presents to a nonparticipating hospital emergency department
rather than a participating hospital emergency department
when the health carrier requires preauthorization for
postevaluation or poststabilization emergency services if:
(i) Due to circumstances beyond the covered person’s
control, the covered person was unable to go to a participat48.43.093
[Title 48 RCW—page 324]
ing hospital emergency department in a timely fashion without serious impairment to the covered person’s health; or
(ii) A prudent layperson possessing an average knowledge of health and medicine would have reasonably believed
that he or she would be unable to go to a participating hospital
emergency department in a timely fashion without serious
impairment to the covered person’s health.
(d) If a health carrier requires preauthorization for
postevaluation or poststabilization services, the health carrier
shall provide access to an authorized representative twentyfour hours a day, seven days a week, to facilitate review. In
order for postevaluation or poststabilization services to be
covered by the health carrier, the provider or facility must
make a documented good faith effort to contact the covered
person’s health carrier within thirty minutes of stabilization,
if the covered person needs to be stabilized. The health carrier’s authorized representative is required to respond to a
telephone request for preauthorization from a provider or
facility within thirty minutes. Failure of the health carrier to
respond within thirty minutes constitutes authorization for
the provision of immediately required medically necessary
postevaluation and poststabilization services, unless the
health carrier documents that it made a good faith effort but
was unable to reach the provider or facility within thirty minutes after receiving the request.
(e) A health carrier shall immediately arrange for an
alternative plan of treatment for the covered person if a nonparticipating emergency provider and health plan cannot
reach an agreement on which services are necessary beyond
those immediately necessary to stabilize the covered person
consistent with state and federal laws.
(2) Nothing in this section is to be construed as prohibiting the health carrier from requiring notification within the
time frame specified in the contract for inpatient admission or
as soon thereafter as medically possible but no less than
twenty-four hours. Nothing in this section is to be construed
as preventing the health carrier from reserving the right to
require transfer of a hospitalized covered person upon stabilization. Follow-up care that is a direct result of the emergency
must be obtained in accordance with the health plan’s usual
terms and conditions of coverage. All other terms and conditions of coverage may be applied to emergency services.
[1997 c 231 § 301.]
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.43.097 Filing of financial statements—Every
health carrier. Every health carrier holding a registration
from the commissioner shall file its financial statements as
required by this code and by the commissioner in accordance
with the accounting practices and procedures manuals as
adopted by the national association of insurance commissioners, unless otherwise provided by law. [1999 c 33 § 3.]
48.43.097
48.43.105 Preparation of documents that compare
health carriers—Immunity—Due diligence. (Effective
until July 1, 2009.) (1) A public or private entity who exercises due diligence in preparing a document of any kind that
compares health carriers of any kind is immune from civil liability from claims based on the document and the contents of
the document.
48.43.105
(2008 Ed.)
Insurance Reform
(2)(a) There is absolute immunity to civil liability from
claims based on such a comparison document and its contents
if the information was provided by the carrier, was substantially accurately presented, and contained the effective date
of the information that the carrier supplied, if any.
(b) Where due diligence efforts to obtain accurate information have been taken, there is immunity from claims based
on such a comparison document and its contents if the publisher of the comparison document asked for such information from the carrier, was refused, and relied on any usually
reliable source for the information including, but not limited
to, carrier enrollees, customers, agents, brokers, or providers.
The carrier enrollees, customers, agents, brokers, or providers are likewise immune from civil liability on claims based
on information they provided if they believed the information
to be accurate and had exercised due diligence in their efforts
to confirm the accuracy of the information provided.
(3) The immunity from liability contained in this section
applies only if the comparison document contains the following in a conspicuous place and in easy to read typeface:
This comparison is based on information believed to
be reliable by its publisher, but the accuracy of the
information cannot be guaranteed. Caution is suggested to all readers who are encouraged to confirm
data of importance to the reader before any purchasing or other decisions are made.
(4) The insurance commissioner is prohibited from
adopting rules regarding this section. [1996 c 312 § 5.]
48.43.105 Preparation of documents that compare
health carriers—Immunity—Due diligence. (Effective
July 1, 2009.) (1) A public or private entity who exercises
due diligence in preparing a document of any kind that compares health carriers of any kind is immune from civil liability from claims based on the document and the contents of the
document.
(2)(a) There is absolute immunity to civil liability from
claims based on such a comparison document and its contents
if the information was provided by the carrier, was substantially accurately presented, and contained the effective date
of the information that the carrier supplied, if any.
(b) Where due diligence efforts to obtain accurate information have been taken, there is immunity from claims based
on such a comparison document and its contents if the publisher of the comparison document asked for such information from the carrier, was refused, and relied on any usually
reliable source for the information including, but not limited
to, carrier enrollees, customers, insurance producers, or providers. The carrier enrollees, customers, insurance producers, or providers are likewise immune from civil liability on
claims based on information they provided if they believed
the information to be accurate and had exercised due diligence in their efforts to confirm the accuracy of the information provided.
(3) The immunity from liability contained in this section
applies only if the comparison document contains the following in a conspicuous place and in easy to read typeface:
48.43.105
This comparison is based on information believed to
be reliable by its publisher, but the accuracy of the
(2008 Ed.)
48.43.115
information cannot be guaranteed. Caution is suggested to all readers who are encouraged to confirm
data of importance to the reader before any purchasing or other decisions are made.
(4) The insurance commissioner is prohibited from
adopting rules regarding this section. [2008 c 217 § 48; 1996
c 312 § 5.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.43.115 Maternity services—Intent—Definitions—
Patient preference—Clinical sovereignty of provider—
Notice to policyholders—Application. (1) The legislature
recognizes the role of health care providers as the appropriate
authority to determine and establish the delivery of quality
health care services to maternity patients and their newly
born children. It is the intent of the legislature to recognize
patient preference and the clinical sovereignty of providers as
they make determinations regarding services provided and
the length of time individual patients may need to remain in a
health care facility after giving birth. It is not the intent of the
legislature to diminish a carrier’s ability to utilize managed
care strategies but to ensure the clinical judgment of the provider is not undermined by restrictive carrier contracts or utilization review criteria that fail to recognize individual postpartum needs.
(2) Unless otherwise specifically provided, the following
definitions apply throughout this section:
(a) "Attending provider" means a provider who: Has
clinical hospital privileges consistent with RCW 70.43.020;
is included in a provider network of the carrier that is providing coverage; and is a physician licensed under chapter 18.57
or 18.71 RCW, a certified nurse midwife licensed under
chapter 18.79 RCW, a midwife licensed under chapter 18.50
RCW, a physician’s assistant licensed under chapter 18.57A
or 18.71A RCW, or an advanced registered nurse practitioner
licensed under chapter 18.79 RCW.
(b) "Health carrier" or "carrier" means disability insurers
regulated under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, health
maintenance organizations regulated under chapter 48.46
RCW, plans operating under the health care authority under
chapter 41.05 RCW, the state health insurance pool operating
under chapter 48.41 RCW, and insuring entities regulated
under this chapter.
(3)(a) Every health carrier that provides coverage for
maternity services must permit the attending provider, in consultation with the mother, to make decisions on the length of
inpatient stay, rather than making such decisions through
contracts or agreements between providers, hospitals, and
insurers. These decisions must be based on accepted medical
practice.
(b) Covered eligible services may not be denied for inpatient, postdelivery care to a mother and her newly born child
after a vaginal delivery or a cesarean section delivery for such
care as ordered by the attending provider in consultation with
the mother.
(c) At the time of discharge, determination of the type
and location of follow-up care must be made by the attending
provider in consultation with the mother rather than by con48.43.115
[Title 48 RCW—page 325]
48.43.125
Title 48 RCW: Insurance
tract or agreement between the hospital and the insurer.
These decisions must be based on accepted medical practice.
(d) Covered eligible services may not be denied for follow-up care, including in-person care, as ordered by the
attending provider in consultation with the mother. Coverage
for providers of follow-up services must include, but need not
be limited to, attending providers as defined in this section,
home health agencies licensed under chapter 70.127 RCW,
and registered nurses licensed under chapter 18.79 RCW.
(e) This section does not require attending providers to
authorize care they believe to be medically unnecessary.
(f) Coverage for the newly born child must be no less
than the coverage of the child’s mother for no less than three
weeks, even if there are separate hospital admissions.
(4) A carrier that provides coverage for maternity services may not deselect, terminate the services of, require
additional documentation from, require additional utilization
review of, reduce payments to, or otherwise provide financial
disincentives to any attending provider or health care facility
solely as a result of the attending provider or health care facility ordering care consistent with this section. This section
does not prevent any insurer from reimbursing an attending
provider or health care facility on a capitated, case rate, or
other financial incentive basis.
(5) Every carrier that provides coverage for maternity
services must provide notice to policyholders regarding the
coverage required under this section. The notice must be in
writing and must be transmitted at the earliest of the next
mailing to the policyholder, the yearly summary of benefits
sent to the policyholder, or January 1 of the year following
June 6, 1996.
(6) This section does not establish a standard of medical
care.
(7) This section applies to coverage for maternity services under a contract issued or renewed by a health carrier
after June 6, 1996, and applies to plans operating under the
health care authority under chapter 41.05 RCW beginning
January 1, 1998. [2003 c 248 § 14; 1996 c 281 § 1.]
Short title—1996 c 281: "This act shall be known as "the Erin Act.""
[1996 c 281 § 3.]
48.43.125 Coverage at a long-term care facility following hospitalization—Definition. (1) A carrier that provides coverage for a person at a long-term care facility following the person’s hospitalization shall, upon the request of
the person or his or her legal representative as authorized in
RCW 7.70.065, provide such coverage at the facility in which
the person resided immediately prior to the hospitalization if:
(a) The person’s primary care physician determines that
the medical care needs of the person can be met at the
requested facility;
(b) The requested facility has all applicable licenses and
certifications, and is not under a stop placement order that
prevents the person’s readmission;
(c) The requested facility agrees to accept payment from
the carrier for covered services at the rate paid to similar
facilities that otherwise contract with the carrier to provide
such services; and
(d) The requested facility, with regard to the following,
agrees to abide by the standards, terms, and conditions
required by the carrier of similar facilities with which the car48.43.125
[Title 48 RCW—page 326]
rier otherwise contracts: (i) Utilization review, quality assurance, and peer review; and (ii) management and administrative procedures, including data and financial reporting that
may be required by the carrier.
(2) For purposes of this section, "long-term care facility"
or "facility" means a nursing facility licensed under chapter
18.51 RCW, continuing care retirement community defined
under RCW 70.38.025, boarding home licensed under chapter 18.20 RCW, or assisted living facility. [1999 c 312 § 2.]
Findings—1999 c 312: "The legislature finds that a long-term care
facility is home for any individual who resides there, and the individual has
the right to receive services in his or her own home and to be cared for by the
organization with which he or she has a contractual agreement to provide
housing and related services. The legislature further finds that restricting
individuals from returning to the long-term care facility in which they were
residing prior to hospitalization may detrimentally impact the health and
well-being of frail individuals and their families." [1999 c 312 § 1.]
Short title—1999 c 312: "This act may be known and cited as the Kitson act." [1999 c 312 § 3.]
48.43.180 Denturist services. Notwithstanding any
provision of any certified health plan covering dental care as
provided for in this chapter, effective January 1, 1995, benefits shall not be denied thereunder for any service performed
by a denturist licensed under chapter 18.30 RCW if (1) the
service performed was within the lawful scope of such person’s license, and (2) such plan would have provided benefits
if such service had been performed by a dentist licensed
under chapter 18.32 RCW. [1995 c 1 § 23 (Initiative Measure No. 607, approved November 8, 1994).]
48.43.180
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.43.185 General anesthesia services for dental procedures. (1) Each group health benefit plan that provides
coverage for hospital, medical, or ambulatory surgery center
services must cover general anesthesia services and related
facility charges in conjunction with any dental procedure performed in a hospital or ambulatory surgical center if such
anesthesia services and related facility charges are medically
necessary because the covered person:
(a) Is under the age of seven, or physically or developmentally disabled, with a dental condition that cannot be
safely and effectively treated in a dental office; or
(b) Has a medical condition that the person’s physician
determines would place the person at undue risk if the dental
procedure were performed in a dental office. The procedure
must be approved by the person’s physician.
(2) Each group health benefit plan or group dental plan
that provides coverage for dental services must cover medically necessary general anesthesia services in conjunction
with any covered dental procedure performed in a dental
office if the general anesthesia services are medically necessary because the covered person is under the age of seven or
physically or developmentally disabled.
(3) This section does not prohibit a group health benefit
plan or group dental plan from:
(a) Applying cost-sharing requirements, maximum
annual benefit limitations, and prior authorization requirements to the services required under this section; or
(b) Covering only those services performed by a health
care provider, or in a health care facility, that is part of its pro48.43.185
(2008 Ed.)
Insurance Reform
vider network; nor does it limit the health carrier in negotiating rates and contracts with specific providers.
(4) This section does not apply to medicare supplement
policies, or supplemental contracts covering a specified disease or other limited benefits.
(5) For the purpose of this section, "general anesthesia
services" means services to induce a state of unconsciousness
accompanied by a loss of protective reflexes, including the
ability to maintain an airway independently and respond purposefully to physical stimulation or verbal command.
(6) This section applies to group health benefit plans and
group dental plans issued or renewed on or after January 1,
2002. [2001 c 321 § 2.]
48.43.190 Payment of chiropractic services—Parity.
(Expires June 30, 2013.) (1)(a) A health carrier may not pay
a chiropractor less for a service or procedure identified under
a particular physical medicine and rehabilitation code or
evaluation and management code, as listed in a nationally
recognized services and procedures code book such as the
American medical association current procedural terminology code book, than it pays any other type of provider
licensed under Title 18 RCW for a service or procedure under
the same code, except as provided in (b) of this subsection. A
carrier may not circumvent this requirement by creating a
chiropractor-specific code not listed in the nationally recognized code book otherwise used by the carrier for provider
payment.
(b) This section does not affect a health carrier’s:
(i) Implementation of a health care quality improvement
program to promote cost-effective and clinically efficacious
health care services, including but not limited to pay-for-performance payment methodologies and other programs fairly
applied to all health care providers licensed under Title 18
RCW that are designed to promote evidence-based and
research-based practices;
(ii) Health care provider contracting to comply with the
network adequacy standards;
(iii) Authority to pay in-network providers differently
than out-of-network providers; and
(iv) Authority to pay a chiropractor less than another
provider for procedures or services under the same code
based upon geographic differences in the cost of maintaining
a practice.
(c) This section does not, and may not be construed to:
(i) Require the payment of provider billings that do not
meet the definition of a clean claim as set forth in rules
adopted by the commissioner;
(ii) Require any health plan to include coverage of any
condition; or
(iii) Expand the scope of practice for any health care provider.
(2) This section applies only to payments made on or
after January 1, 2009. [2008 c 304 § 1.]
48.43.190
Expiration date—2008 c 304: "This act expires June 30, 2013." [2008
c 304 § 4.]
48.43.200 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
certified health plan domiciled in this state shall file a report
with the commissioner disclosing material acquisitions and
48.43.200
(2008 Ed.)
48.43.215
dispositions of assets or material nonrenewals, cancellations,
or revisions of ceded reinsurance agreements unless these
acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner for review,
approval, or information purposes under other provisions of
this title or other requirements.
(2) The report required in subsection (1) of this section is
due within fifteen days after the end of the calendar month in
which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.43.205 through
48.43.225 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior written consent of the certified health plan to which it pertains
unless the commissioner, after giving the certified health plan
that would be affected by disclosure notice and a hearing
under chapter 48.04 RCW, determines that the interest of policyholders, subscribers, shareholders, or the public will be
served by the publication, in which event the commissioner
may publish all or any part of the report in the manner he or
she deems appropriate. [1995 c 86 § 7.]
48.43.205 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported pursuant to RCW 48.43.200 if the acquisitions or dispositions are
not material. For purposes of RCW 48.43.200 through
48.43.225, a material acquisition, or the aggregate of any
series of related acquisitions during any thirty-day period; or
disposition, or the aggregate of any series of related dispositions during any thirty-day period is an acquisition or disposition that is nonrecurring and not in the ordinary course of
business and involves more than five percent of the reporting
certified health plan’s total assets as reported in its most
recent statutory statement filed with the commissioner.
[1995 c 86 § 8.]
48.43.205
48.43.210 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.43.200 through
48.43.225 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting certified health plan or the acquisition of materials
for such purpose.
(2) Asset dispositions subject to RCW 48.43.200
through 48.43.225 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 9.]
48.43.210
48.43.215 Report of a material acquisition or disposition of assets—Information required. (1) The following
48.43.215
[Title 48 RCW—page 327]
48.43.220
Title 48 RCW: Insurance
information is required to be disclosed in any report of a
material acquisition or disposition of assets:
(a) Date of the transaction;
(b) Manner of acquisition or disposition;
(c) Description of the assets involved;
(d) Nature and amount of the consideration given or
received;
(e) Purpose of or reason for the transaction;
(f) Manner by which the amount of consideration was
determined;
(g) Gain or loss recognized or realized as a result of the
transaction; and
(h) Names of the persons from whom the assets were
acquired or to whom they were disposed.
(2) Certified health plans are required to report material
acquisitions and dispositions on a nonconsolidated basis
unless the certified health plan is part of a consolidated group
of insurers that utilizes a pooling arrangement or one hundred
percent reinsurance agreement that affects the solvency and
integrity of the certified health plan’s reserves and such certified health plan ceded substantially all of its direct and
assumed business to the pool. A certified health plan has
ceded substantially all of its direct and assumed business to a
pool if the certified health plan has less than one million dollars total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and
the net income of the business not subject to the pooling
arrangement represents less than five percent of the certified
health plan’s net worth. [1995 c 86 § 10.]
48.43.220 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.43.200 if the
nonrenewals, cancellations, or revisions are not material. For
purposes of RCW 48.43.200 through 48.43.225, a material
nonrenewal, cancellation, or revision is one that affects:
(a) More than fifty percent of a certified health plan’s
total reserve credit taken for business ceded, on an annualized
basis, as indicated in the certified health plan’s most recent
annual statement;
(b) More than ten percent of a certified health plan’s total
cession when it is replaced by one or more unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if the certified
health plan’s total reserve credit taken for business ceded represents, on an annualized basis, less than ten percent of the
statutory reserve requirement prior to any cession. [1995 c
86 § 11.]
48.43.220
48.43.225 Report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements—Information required. (1) The following is required to be disclosed in any report of a material nonrenewal, cancellation, or
revision of ceded reinsurance agreements:
48.43.225
[Title 48 RCW—page 328]
(a) The effective date of the nonrenewal, cancellation, or
revision;
(b) The description of the transaction with an identification of the initiator;
(c) The purpose of or reason for the transaction; and
(d) If applicable, the identity of the replacement reinsurers.
(2) Certified health plans are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the certified health plan is part of a consolidated group of insurers
which utilizes a pooling arrangement or one hundred percent
reinsurance agreement that affects the solvency and integrity
of the certified health plan’s reserves and the certified health
plan ceded substantially all of its direct and assumed business
to the pool. A certified health plan has ceded substantially all
of its direct and assumed business to a pool if the certified
health plan has less than one million dollars total direct plus
assumed written premiums during a calendar year that are not
subject to a pooling arrangement and the net income of the
business not subject to the pooling arrangement represents
less than five percent of the certified health plan’s net worth.
[1995 c 86 § 12.]
48.43.300 Definitions. The definitions in this section
apply throughout RCW 48.43.300 through 48.43.370 unless
the context clearly requires otherwise.
(1) "Adjusted RBC report" means an RBC report that has
been adjusted by the commissioner in accordance with RCW
48.43.305(4).
(2) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required.
(3) "Domestic carrier" means any carrier domiciled in
this state, or any person or entity subject to chapter 48.42
RCW domiciled in this state.
(4) "Foreign or alien carrier" means any carrier that is
licensed to do business in this state but is not domiciled in this
state, or any person or entity subject to chapter 48.42 RCW
not domiciled in this state.
(5) "NAIC" means the national association of insurance
commissioners.
(6) "Negative trend" means, with respect to a carrier, a
negative trend over a period of time, as determined in accordance with the "trend test calculation" included in the RBC
instructions.
(7) "RBC" means risk-based capital.
(8) "RBC instructions" means the RBC report including
risk-based capital instructions adopted by the NAIC, as such
RBC instructions may be amended by the NAIC from time to
time in accordance with the procedures adopted by the NAIC.
(9) "RBC level" means a carrier’s company action level
RBC, regulatory action level RBC, authorized control level
RBC, or mandatory control level RBC where:
(a) "Company action level RBC" means, with respect to
any carrier, the product of 2.0 and its authorized control level
RBC;
(b) "Regulatory action level RBC" means the product of
1.5 and its authorized control level RBC;
48.43.300
(2008 Ed.)
Insurance Reform
(c) "Authorized control level RBC" means the number
determined under the risk-based capital formula in accordance with the RBC instructions;
(d) "Mandatory control level RBC" means the product of
.70 and the authorized control level RBC.
(10) "RBC plan" means a comprehensive financial plan
containing the elements specified in RCW 48.43.310(2). If
the commissioner rejects the RBC plan, and it is revised by
the carrier, with or without the commissioner’s recommendation, the plan shall be called the "revised RBC plan."
(11) "RBC report" means the report required in RCW
48.43.305.
(12) "Total adjusted capital" means the sum of:
(a) Either a carrier’s statutory capital and surplus or net
worth, or both, as determined in accordance with statutory
accounting applicable to the annual financial statements
required to be filed with the commissioner; and
(b) Other items, if any, as the RBC instructions may provide. [1998 c 241 § 1.]
48.43.305 Report of RBC levels—Distribution of
report—Formula for determination—Commissioner
may make adjustments. (1) Every domestic carrier shall,
on or prior to the filing date of March 1st, prepare and submit
to the commissioner a report of its RBC levels as of the end
of the calendar year just ended, in a form and containing such
information as is required by the RBC instructions. In addition, every domestic carrier shall file its RBC report:
(a) With the NAIC in accordance with the RBC instructions; and
(b) With the insurance commissioner in any state in
which the carrier is authorized to do business, if the insurance
commissioner has notified the carrier of its request in writing,
in which case the carrier shall file its RBC report not later
than the later of:
(i) Fifteen days from the receipt of notice to file its RBC
report with that state; or
(ii) The filing date.
(2) A carrier’s RBC shall be determined in accordance
with the formula set forth in the RBC instructions. The formula shall take into account (and may adjust for the covariance between):
(a) The risk with respect to the carrier’s assets;
(b) The risk of adverse insurance experience with respect
to the carrier’s liabilities and obligations;
(c) The interest rate risk with respect to the carrier’s
business; and
(d) All other business risks and such other relevant risks
as are set forth in the RBC instructions; determined in each
case by applying the factors in the manner set forth in the
RBC instructions.
(3) An excess of capital over the amount produced by the
risk-based capital requirements contained in RCW 48.43.300
through 48.43.370 and the formulas, schedules, and instructions referenced in RCW 48.43.300 through 48.43.370 is
desirable in the business of insurance. Accordingly, carriers
should seek to maintain capital above the RBC levels
required by RCW 48.43.300 through 48.43.370. Additional
capital is used and useful in the insurance business and helps
to secure a carrier against various risks inherent in, or affecting, the business of insurance and not accounted for or only
48.43.305
(2008 Ed.)
48.43.310
partially measured by the risk-based capital requirements
contained in RCW 48.43.300 through 48.43.370.
(4) If a domestic carrier files an RBC report that in the
judgment of the commissioner is inaccurate, then the commissioner shall adjust the RBC report to correct the inaccuracy and shall notify the carrier of the adjustment. The notice
shall contain a statement of the reason for the adjustment.
[1998 c 241 § 2.]
48.43.310 Company action level event—Required
RBC plan—Commissioner’s review—Notification—
Challenge by carrier. (1) "Company action level event"
means any of the following events:
(a) The filing of an RBC report by a carrier which indicates that:
(i) The carrier’s total adjusted capital is greater than or
equal to its regulatory action level RBC but less than its company action level RBC; or
(ii) The carrier has total adjusted capital which is greater
than or equal to its company action level RBC but less than
the product of its authorized control level RBC and 2.5 and
has a negative trend;
(b) The notification by the commissioner to the carrier of
an adjusted RBC report that indicates an event in (a) of this
subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330; or
(c) If, under RCW 48.43.330, a carrier challenges an
adjusted RBC report that indicates the event in (a) of this subsection, the notification by the commissioner to the carrier
that the commissioner has, after a hearing, rejected the carrier’s challenge.
(2) In the event of a company action level event, the carrier shall prepare and submit to the commissioner an RBC
plan that:
(a) Identifies the conditions that contribute to the company action level event;
(b) Contains proposals of corrective actions that the carrier intends to take and would be expected to result in the
elimination of the company action level event;
(c) Provides projections of the carrier’s financial results
in the current year and at least the four succeeding years, both
in the absence of proposed corrective actions and giving
effect to the proposed corrective actions, including projections of statutory operating income, net income, capital, surplus, capital and surplus, and net worth. The projections for
both new and renewal business might include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;
(d) Identifies the key assumptions impacting the carrier’s
projections and the sensitivity of the projections to the
assumptions; and
(e) Identifies the quality of, and problems associated
with, the carrier’s business, including but not limited to its
assets, anticipated business growth and associated surplus
strain, extraordinary exposure to risk, mix of business, and
use of reinsurance, if any, in each case.
(3) The RBC plan shall be submitted:
(a) Within forty-five days of the company action level
event; or
48.43.310
[Title 48 RCW—page 329]
48.43.315
Title 48 RCW: Insurance
(b) If the carrier challenges an adjusted RBC report
under RCW 48.43.330, within forty-five days after notification to the carrier that the commissioner has, after a hearing,
rejected the carrier’s challenge.
(4) Within sixty days after the submission by a carrier of
an RBC plan to the commissioner, the commissioner shall
notify the carrier whether the RBC plan may be implemented
or is, in the judgment of the commissioner, unsatisfactory. If
the commissioner determines the RBC plan is unsatisfactory,
the notification to the carrier shall set forth the reasons for the
determination, and may set forth proposed revisions that will
render the RBC plan satisfactory. Upon notification from the
commissioner, the carrier shall prepare a revised RBC plan,
that may incorporate by reference any revisions proposed by
the commissioner, and shall submit the revised RBC plan to
the commissioner:
(a) Within forty-five days after the notification from the
commissioner; or
(b) If the carrier challenges the notification from the
commissioner under RCW 48.43.330, within forty-five days
after a notification to the carrier that the commissioner has,
after a hearing, rejected the carrier’s challenge.
(5) In the event of a notification by the commissioner to
a carrier that the carrier’s RBC plan or revised RBC plan is
unsatisfactory, the commissioner may, subject to the carrier’s
rights to a hearing under RCW 48.43.330, specify in the notification that the notification constitutes a regulatory action
level event.
(6) Every domestic carrier that files an RBC plan or
revised RBC plan with the commissioner shall file a copy of
the RBC plan or revised RBC plan with the insurance commissioner in any state in which the carrier is authorized to do
business if:
(a) Such state has an RBC provision substantially similar
to RCW 48.43.335(1); and
(b) The insurance commissioner of that state has notified
the carrier of its request for the filing in writing, in which case
the carrier shall file a copy of the RBC plan or revised RBC
plan in that state no later than the later of:
(i) Fifteen days after the receipt of notice to file a copy of
its RBC plan or revised plan with the state; or
(ii) The date on which the RBC plan or revised RBC plan
is filed under subsections (3) and (4) of this section. [1998 c
241 § 3.]
48.43.315 Regulatory action level event—Required
RBC plan—Commissioner’s review—Notification—
Challenge by carrier. (1) "Regulatory action level event"
means, with respect to any carrier, any of the following
events:
(a) The filing of an RBC report by the carrier which indicates that the carrier’s total adjusted capital is greater than or
equal to its authorized control level RBC but less than its regulatory action level RBC;
(b) The notification by the commissioner to a carrier of
an adjusted RBC report that indicates the event in (a) of this
subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330;
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this subsection, the notification by the commissioner to the carrier
48.43.315
[Title 48 RCW—page 330]
that the commissioner has, after a hearing, rejected the carrier’s challenge;
(d) The failure of the carrier to file an RBC report by the
filing date, unless the carrier has provided an explanation for
such failure that is satisfactory to the commissioner and has
cured the failure within ten days after the filing date;
(e) The failure of the carrier to submit an RBC plan to the
commissioner within the time period set forth in RCW
48.43.310(3);
(f) Notification by the commissioner to the carrier that:
(i) The RBC plan or revised RBC plan submitted by the
carrier is, in the judgment of the commissioner, unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to the carrier, provided the carrier has not
challenged the determination under RCW 48.43.330;
(g) If, under RCW 48.43.330, the carrier challenges a
determination by the commissioner under (f) of this subsection, the notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the challenge;
(h) Notification by the commissioner to the carrier that
the carrier has failed to adhere to its RBC plan or revised
RBC plan, but only if such failure has a substantial adverse
effect on the ability of the carrier to eliminate the company
action level event in accordance with its RBC plan or revised
RBC plan and the commissioner has so stated in the notification, provided the carrier has not challenged the determination under RCW 48.43.330; or
(i) If, under RCW 48.43.330, the carrier challenges a
determination by the commissioner under (h) of this subsection, the notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the challenge.
(2) In the event of a regulatory action level event the
commissioner shall:
(a) Require the carrier to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;
(b) Perform the examination or analysis the commissioner deems necessary of the assets, liabilities, and operations of the carrier including a review of its RBC plan or
revised RBC plan; and
(c) Subsequent to the examination or analysis, issue an
order specifying those corrective actions the commissioner
determines are required.
(3) In determining corrective actions, the commissioner
may take into account those factors deemed relevant with
respect to the carrier based upon the commissioner’s examination or analysis of the assets, liabilities, and operations of
the carrier, including, but not limited to, the results of any
sensitivity tests undertaken pursuant to the RBC instructions.
The RBC plan or revised RBC plan shall be submitted:
(a) Within forty-five days after the occurrence of the regulatory action level event;
(b) If the carrier challenges an adjusted RBC report
under RCW 48.43.330 and the challenge is not frivolous in
the judgment of the commissioner within forty-five days after
the notification to the carrier that the commissioner has, after
a hearing, rejected the carrier’s challenge; or
(c) If the carrier challenges a revised RBC plan under
RCW 48.43.330 and the challenge is not frivolous in the
judgment of the commissioner, within forty-five days after
(2008 Ed.)
Insurance Reform
the notification to the carrier that the commissioner has, after
a hearing, rejected the carrier’s challenge.
(4) The commissioner may retain actuaries and investment experts and other consultants as may be necessary in the
judgment of the commissioner to review the carrier’s RBC
plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the carrier and formulate the corrective order with respect to the carrier. The fees, costs, and
expenses relating to consultants shall be borne by the affected
carrier or other party as directed by the commissioner. [1998
c 241 § 4.]
48.43.320
48.43.320 Authorized control level event—Commissioner’s options. (1) "Authorized control level event" means
any of the following events:
(a) The filing of an RBC report by the carrier which indicates that the carrier’s total adjusted capital is greater than or
equal to its mandatory control level RBC but less than its
authorized control level RBC;
(b) The notification by the commissioner to the carrier of
an adjusted RBC report that indicates the event in (a) of this
subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330;
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this subsection, notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the carrier’s
challenge;
(d) The failure of the carrier to respond, in a manner satisfactory to the commissioner, to a corrective order, provided
the carrier has not challenged the corrective order under
RCW 48.43.330; or
(e) If the carrier has challenged a corrective order under
RCW 48.43.330 and the commissioner has, after a hearing,
rejected the challenge or modified the corrective order, the
failure of the carrier to respond, in a manner satisfactory to
the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.
(2) In the event of an authorized control level event with
respect to a carrier, the commissioner shall:
(a) Take those actions required under RCW 48.43.315
regarding a carrier with respect to which a regulatory action
level event has occurred; or
(b) If the commissioner deems it to be in the best interests of either the policyholders or subscribers, or both, and
creditors of the carrier and of the public, take those actions
necessary to cause the carrier to be placed under regulatory
control under chapter 48.31 RCW. In the event the commissioner takes such actions, the authorized control level event is
sufficient grounds for the commissioner to take action under
chapter 48.31 RCW, and the commissioner shall have the
rights, powers, and duties with respect to the carrier as are set
forth in chapter 48.31 RCW. In the event the commissioner
takes actions under this subsection (2)(b) pursuant to an
adjusted RBC report, the carrier is entitled to those protections afforded to carriers under the provisions of RCW
48.31.121 pertaining to summary proceedings. [1998 c 241 §
5.]
(2008 Ed.)
48.43.335
48.43.325 Mandatory control level event—Commissioner’s duty—Regulatory control. (1) "Mandatory control level event" means any of the following events:
(a) The filing of an RBC report which indicates that the
carrier’s total adjusted capital is less than its mandatory control level RBC;
(b) Notification by the commissioner to the carrier of an
adjusted RBC report that indicates the event in (a) of this subsection, provided the carrier does not challenge the adjusted
RBC report under RCW 48.43.330; or
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this subsection, notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the carrier’s
challenge.
(2) In the event of a mandatory control level event, with
respect to a carrier, the commissioner shall take those actions
necessary to place the carrier under regulatory control under
chapter 48.31 RCW. In that event, the mandatory control
level event is sufficient grounds for the commissioner to take
action under chapter 48.31 RCW, and the commissioner shall
have the rights, powers, and duties with respect to the carrier
as are set forth in chapter 48.31 RCW. If the commissioner
takes actions pursuant to an adjusted RBC report, the carrier
is entitled to the protections of RCW 48.31.121 pertaining to
summary proceedings. However, the commissioner may
forego action for up to ninety days after the mandatory control level event if the commissioner finds there is a reasonable
expectation that the mandatory control level event may be
eliminated within the ninety-day period. [1998 c 241 § 6.]
48.43.325
48.43.330 Carrier’s right to hearing—Request by
carrier—Date set by commissioner. (1) Upon notification
to a carrier by the commissioner of any of the following, the
carrier shall have the right to a hearing, in accordance with
chapters 48.04 and 34.05 RCW, at which the carrier may
challenge any determination or action by the commissioner:
(a) Of an adjusted RBC report; or
(b)(i) That the carrier’s RBC plan or revised RBC plan is
unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to such carrier; or
(c) That the carrier has failed to adhere to its RBC plan
or revised RBC plan and that such failure has a substantial
adverse effect on the ability of the carrier to eliminate the
company action level event with respect to the carrier in
accordance with its RBC plan or revised RBC plan; or
(d) Of a corrective order with respect to the carrier.
(2) The carrier shall notify the commissioner of its
request for a hearing within five days after the notification by
the commissioner under this section. Upon receipt of the carrier’s request for a hearing, the commissioner shall set a date
for the hearing. The date shall be no less than ten nor more
than thirty days after the date of the carrier’s request. [1998
c 241 § 7.]
48.43.330
48.43.335 Confidentiality of RBC reports and
plans—Use of certain comparisons prohibited—Certain
information intended solely for use by commissioner.
(Effective until July 1, 2009.) (1) All RBC reports, to the
extent the information therein is not required to be set forth in
48.43.335
[Title 48 RCW—page 331]
48.43.335
Title 48 RCW: Insurance
a publicly available annual statement schedule, and RBC
plans, including the results or report of any examination or
analysis of a carrier and any corrective order issued by the
commissioner, with respect to any domestic carrier or foreign
carrier that are filed with the commissioner constitute information that might be damaging to the carrier if made available to its competitors, and therefore shall be kept confidential by the commissioner. This information shall not be made
public or be subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions
taken by the commissioner.
(2) The comparison of a carrier’s total adjusted capital to
any of its RBC levels is a regulatory tool that may indicate the
need for possible corrective action with respect to the carrier,
and is not a means to rank carriers generally. Therefore,
except as otherwise required under the provisions of RCW
48.43.300 through 48.43.370, the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper,
magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement,
announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of any
carrier, or of any component derived in the calculation, by
any carrier, agent, broker, or other person engaged in any
manner in the insurance business would be misleading and is
therefore prohibited. However, if any materially false statement with respect to the comparison regarding a carrier’s
total adjusted capital to its RBC levels (or any of them) or an
inappropriate comparison of any other amount to the carrier’s
RBC levels is published in any written publication and the
carrier is able to demonstrate to the commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, then the carrier may publish an
announcement in a written publication if the sole purpose of
the announcement is to rebut the materially false statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are intended
solely for use by the commissioner in monitoring the solvency of carriers and the need for possible corrective action
with respect to carriers and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to
calculate or derive any elements of an appropriate premium
level or rate of return for any line of insurance that a carrier
or any affiliate is authorized to write. [1998 c 241 § 8.]
48.43.335 Confidentiality of RBC reports and
plans—Use of certain comparisons prohibited—Certain
information intended solely for use by commissioner.
(Effective July 1, 2009.) (1) All RBC reports, to the extent
the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans,
including the results or report of any examination or analysis
of a carrier and any corrective order issued by the commissioner, with respect to any domestic carrier or foreign carrier
that are filed with the commissioner constitute information
that might be damaging to the carrier if made available to its
competitors, and therefore shall be kept confidential by the
48.43.335
[Title 48 RCW—page 332]
commissioner. This information shall not be made public or
be subject to subpoena, other than by the commissioner and
then only for the purpose of enforcement actions taken by the
commissioner.
(2) The comparison of a carrier’s total adjusted capital to
any of its RBC levels is a regulatory tool that may indicate the
need for possible corrective action with respect to the carrier,
and is not a means to rank carriers generally. Therefore,
except as otherwise required under the provisions of RCW
48.43.300 through 48.43.370, the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper,
magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement,
announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of any
carrier, or of any component derived in the calculation, by
any carrier, insurance producer, or other person engaged in
any manner in the insurance business would be misleading
and is therefore prohibited. However, if any materially false
statement with respect to the comparison regarding a carrier’s
total adjusted capital to its RBC levels (or any of them) or an
inappropriate comparison of any other amount to the carrier’s
RBC levels is published in any written publication and the
carrier is able to demonstrate to the commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, then the carrier may publish an
announcement in a written publication if the sole purpose of
the announcement is to rebut the materially false statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are intended
solely for use by the commissioner in monitoring the solvency of carriers and the need for possible corrective action
with respect to carriers and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to
calculate or derive any elements of an appropriate premium
level or rate of return for any line of insurance that a carrier
or any affiliate is authorized to write. [2008 c 217 § 49; 1998
c 241 § 8.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.43.340 Powers or duties of commissioner not limited—Rules. (1) The provisions of RCW 48.43.300 through
48.43.370 are supplemental to any other provisions of the
laws and rules of this state, and shall not preclude or limit any
other powers or duties of the commissioner under such laws
and rules, including, but not limited to, chapter 48.31 RCW.
(2) The commissioner may adopt reasonable rules necessary for the implementation of RCW 48.43.300 through
48.43.370. [1998 c 241 § 9.]
48.43.340
48.43.345 Foreign or alien carriers—Required RBC
report—Commissioner may require RBC plan—Mandatory control level event. (1) Any foreign or alien carrier
shall, upon the written request of the commissioner, submit to
the commissioner an RBC report as of the end of the calendar
year just ended by the later of:
48.43.345
(2008 Ed.)
Insurance Reform
(a) The date an RBC report would be required to be filed
by a domestic carrier under RCW 48.43.300 through
48.43.370; or
(b) Fifteen days after the request is received by the foreign or alien carrier. Any foreign or alien carrier shall, at the
written request of the commissioner, promptly submit to the
commissioner a copy of any RBC plan that is filed with the
insurance commissioner of any other state.
(2) In the event of a company action level event, regulatory action level event, or authorized control level event with
respect to any foreign or alien carrier as determined under the
RBC statute applicable in the state of domicile of the carrier
or, if no RBC statute is in force in that state, under the provisions of RCW 48.43.300 through 48.43.370, if the insurance
commissioner of the state of domicile of the foreign or alien
carrier fails to require the foreign or alien carrier to file an
RBC plan in the manner specified under that state’s RBC
statute or, if no RBC statute is in force in that state, under
RCW 48.43.310, the commissioner may require the foreign
or alien carrier to file an RBC plan with the commissioner. In
this event, the failure of the foreign or alien carrier to file an
RBC plan with the commissioner is grounds to order the carrier to cease and desist from writing new insurance business
in this state.
(3) In the event of a mandatory control level event with
respect to any foreign or alien carrier, if no domiciliary
receiver has been appointed with respect to the foreign or
alien carrier under the rehabilitation and liquidation statute
applicable in the state of domicile of the foreign or alien carrier, the commissioner may apply for an order under RCW
48.31.080 or 48.31.090 to conserve the assets within this
state of foreign or alien carriers, and the occurrence of the
mandatory control level event is considered adequate
grounds for the application. [1998 c 241 § 10.]
48.43.350 No liability or cause of action against commissioner or department. There is no liability on the part
of, and no cause of action shall arise against, the commissioner or insurance department or its employees or agents for
any action taken by them in the performance of their powers
and duties under RCW 48.43.300 through 48.43.370. [1998
c 241 § 11.]
48.43.350
48.43.355 Notice by commissioner to carrier—When
effective. All notices by the commissioner to a carrier that
may result in regulatory action are effective upon dispatch if
transmitted by registered or certified mail, or in the case of
any other transmission, are effective upon the carrier’s
receipt of such notice. [1998 c 241 § 12.]
48.43.355
48.43.360 Initial RBC reports—Calculation of initial
RBC levels—Subsequent reports. For RBC reports to be
filed by carriers commencing operations after June 11, 1998,
those carriers shall calculate the initial RBC levels using
financial projections, considering managed care arrangements, for its first full year in operation. Such projections,
including the risk-based capital requirement, must be
included as part of a comprehensive business plan that is submitted as part of the application for registration under RCW
48.44.040 and 48.46.030. The resulting RBC requirement
48.43.360
(2008 Ed.)
48.43.505
shall be reported in the first RBC report submitted under
RCW 48.43.305. For subsequent reports, the RBC results
using actual financial data shall be included. [1998 c 241 §
13.]
48.43.366 Self-funded multiple employer welfare
arrangements. A self-funded multiple employer welfare
arrangement, as defined in RCW 48.125.010, is subject to the
same RBC reporting requirements as a domestic carrier under
RCW 48.43.300 through 48.43.370. [2004 c 260 § 19.]
48.43.366
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
48.43.370 RBC standards not applicable to certain
carriers. RCW 48.43.300 through 48.43.370 shall not apply
to a carrier which is subject to the provisions of RCW
48.05.430 through *48.05.490. [1998 c 241 § 15.]
48.43.370
*Reviser’s note: RCW 48.05.490 was repealed by 2006 c 25 § 11.
48.43.500 Intent—Purpose—2000 c 5. It is the intent
of the legislature that enrollees covered by health plans
receive quality health care designed to maintain and improve
their health. The purpose of chapter 5, Laws of 2000 is to
ensure that health plan enrollees:
(1) Have improved access to information regarding their
health plans;
(2) Have sufficient and timely access to appropriate
health care services, and choice among health care providers;
(3) Are assured that health care decisions are made by
appropriate medical personnel;
(4) Have access to a quick and impartial process for
appealing plan decisions;
(5) Are protected from unnecessary invasions of health
care privacy; and
(6) Are assured that personal health care information will
be used only as necessary to obtain and pay for health care or
to improve the quality of care. [2000 c 5 § 1.]
48.43.500
Application—2000 c 5: "This act applies to: Health plans as defined
in RCW 48.43.005 offered, renewed, or issued by a carrier; medical assistance provided under RCW 74.09.522; the basic health plan offered under
chapter 70.47 RCW; and health benefits provided under chapter 41.05
RCW." [2000 c 5 § 19.]
Short title—2000 c 5: "This act may be known and cited as the health
care patient bill of rights." [2000 c 5 § 22.]
Captions not law—2000 c 5: "Captions used in this act are not any part
of the law." [2000 c 5 § 24.]
Construction—2000 c 5: "To the extent permitted by law, if any provision of this act conflicts with state or federal law, such provision must be
construed in a manner most favorable to the enrollee." [2000 c 5 § 26.]
Severability—2000 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 5 § 27.]
Application to contracts—Effective dates—2000 c 5: "(1) Except as
provided in subsections (2) and (3) of this section, this act applies to contracts entered into or renewing after June 30, 2001.
(2) Sections 13, 14, 15, and 16 of this act take effect January 1, 2001.
(3) Section 29 of this act takes effect July 1, 2001." [2000 c 5 § 28.]
48.43.505 Requirement to protect enrollee’s right to
privacy or confidential services—Rules. (1) Health carriers and insurers shall adopt policies and procedures that conform administrative, business, and operational practices to
48.43.505
[Title 48 RCW—page 333]
48.43.510
Title 48 RCW: Insurance
protect an enrollee’s right to privacy or right to confidential
health care services granted under state or federal laws.
(2) The commissioner may adopt rules to implement this
section after considering relevant standards adopted by
national managed care accreditation organizations and the
national association of insurance commissioners, and after
considering the effect of those standards on the ability of carriers to undertake enrollee care management and disease
management programs. [2000 c 5 § 5.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.510 Carrier required to disclose health plan
information—Marketing and advertising restrictions—
Rules. (1) A carrier that offers a health plan may not offer to
sell a health plan to an enrollee or to any group representative, agent, employer, or enrollee representative without first
offering to provide, and providing upon request, the following information before purchase or selection:
(a) A listing of covered benefits, including prescription
drug benefits, if any, a copy of the current formulary, if any is
used, definitions of terms such as generic versus brand name,
and policies regarding coverage of drugs, such as how they
become approved or taken off the formulary, and how consumers may be involved in decisions about benefits;
(b) A listing of exclusions, reductions, and limitations to
covered benefits, and any definition of medical necessity or
other coverage criteria upon which they may be based;
(c) A statement of the carrier’s policies for protecting the
confidentiality of health information;
(d) A statement of the cost of premiums and any enrollee
cost-sharing requirements;
(e) A summary explanation of the carrier’s grievance
process;
(f) A statement regarding the availability of a point-ofservice option, if any, and how the option operates; and
(g) A convenient means of obtaining lists of participating
primary care and specialty care providers, including disclosure of network arrangements that restrict access to providers
within any plan network. The offer to provide the information
referenced in this subsection (1) must be clearly and prominently displayed on any information provided to any prospective enrollee or to any prospective group representative,
agent, employer, or enrollee representative.
(2) Upon the request of any person, including a current
enrollee, prospective enrollee, or the insurance commissioner, a carrier must provide written information regarding
any health care plan it offers, that includes the following written information:
(a) Any documents, instruments, or other information
referred to in the medical coverage agreement;
(b) A full description of the procedures to be followed by
an enrollee for consulting a provider other than the primary
care provider and whether the enrollee’s primary care provider, the carrier’s medical director, or another entity must
authorize the referral;
(c) Procedures, if any, that an enrollee must first follow
for obtaining prior authorization for health care services;
(d) A written description of any reimbursement or payment arrangements, including, but not limited to, capitation
48.43.510
[Title 48 RCW—page 334]
provisions, fee-for-service provisions, and health care delivery efficiency provisions, between a carrier and a provider or
network;
(e) Descriptions and justifications for provider compensation programs, including any incentives or penalties that
are intended to encourage providers to withhold services or
minimize or avoid referrals to specialists;
(f) An annual accounting of all payments made by the
carrier which have been counted against any payment limitations, visit limitations, or other overall limitations on a person’s coverage under a plan;
(g) A copy of the carrier’s grievance process for claim or
service denial and for dissatisfaction with care; and
(h) Accreditation status with one or more national managed care accreditation organizations, and whether the carrier
tracks its health care effectiveness performance using the
health employer data information set (HEDIS), whether it
publicly reports its HEDIS data, and how interested persons
can access its HEDIS data.
(3) Each carrier shall provide to all enrollees and prospective enrollees a list of available disclosure items.
(4) Nothing in this section requires a carrier or a health
care provider to divulge proprietary information to an
enrollee, including the specific contractual terms and conditions between a carrier and a provider.
(5) No carrier may advertise or market any health plan to
the public as a plan that covers services that help prevent illness or promote the health of enrollees unless it:
(a) Provides all clinical preventive health services provided by the basic health plan, authorized by chapter 70.47
RCW;
(b) Monitors and reports annually to enrollees on standardized measures of health care and satisfaction of all
enrollees in the health plan. The state department of health
shall recommend appropriate standardized measures for this
purpose, after consideration of national standardized measurement systems adopted by national managed care accreditation organizations and state agencies that purchase managed health care services; and
(c) Makes available upon request to enrollees its integrated plan to identify and manage the most prevalent diseases within its enrolled population, including cancer, heart
disease, and stroke.
(6) No carrier may preclude or discourage its providers
from informing an enrollee of the care he or she requires,
including various treatment options, and whether in the providers’ view such care is consistent with the plan’s health
coverage criteria, or otherwise covered by the enrollee’s
medical coverage agreement with the carrier. No carrier may
prohibit, discourage, or penalize a provider otherwise practicing in compliance with the law from advocating on behalf of
an enrollee with a carrier. Nothing in this section shall be
construed to authorize a provider to bind a carrier to pay for
any service.
(7) No carrier may preclude or discourage enrollees or
those paying for their coverage from discussing the comparative merits of different carriers with their providers. This prohibition specifically includes prohibiting or limiting providers participating in those discussions even if critical of a carrier.
(2008 Ed.)
Insurance Reform
(8) Each carrier must communicate enrollee information
required in chapter 5, Laws of 2000 by means that ensure that
a substantial portion of the enrollee population can make use
of the information.
(9) The commissioner may adopt rules to implement this
section. In developing rules to implement this section, the
commissioner shall consider relevant standards adopted by
national managed care accreditation organizations and state
agencies that purchase managed health care services. [2000
c 5 § 6.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.515 Access to appropriate health services—
Enrollee options—Rules. (1) Each enrollee in a health plan
must have adequate choice among health care providers.
(2) Each carrier must allow an enrollee to choose a primary care provider who is accepting new enrollees from a list
of participating providers. Enrollees also must be permitted
to change primary care providers at any time with the change
becoming effective no later than the beginning of the month
following the enrollee’s request for the change.
(3) Each carrier must have a process whereby an enrollee
with a complex or serious medical or psychiatric condition
may receive a standing referral to a participating specialist for
an extended period of time.
(4) Each carrier must provide for appropriate and timely
referral of enrollees to a choice of specialists within the plan
if specialty care is warranted. If the type of medical specialist
needed for a specific condition is not represented on the specialty panel, enrollees must have access to nonparticipating
specialty health care providers.
(5) Each carrier shall provide enrollees with direct access
to the participating chiropractor of the enrollee’s choice for
covered chiropractic health care without the necessity of
prior referral. Nothing in this subsection shall prevent carriers
from restricting enrollees to seeing only providers who have
signed participating provider agreements or from utilizing
other managed care and cost containment techniques and processes. For purposes of this subsection, "covered chiropractic
health care" means covered benefits and limitations related to
chiropractic health services as stated in the plan’s medical
coverage agreement, with the exception of any provisions
related to prior referral for services.
(6) Each carrier must provide, upon the request of an
enrollee, access by the enrollee to a second opinion regarding
any medical diagnosis or treatment plan from a qualified participating provider of the enrollee’s choice.
(7) Each carrier must cover services of a primary care
provider whose contract with the plan or whose contract with
a subcontractor is being terminated by the plan or subcontractor without cause under the terms of that contract for at least
sixty days following notice of termination to the enrollees or,
in group coverage arrangements involving periods of open
enrollment, only until the end of the next open enrollment
period. The provider’s relationship with the carrier or subcontractor must be continued on the same terms and conditions as those of the contract the plan or subcontractor is terminating, except for any provision requiring that the carrier
assign new enrollees to the terminated provider.
48.43.515
(2008 Ed.)
48.43.525
(8) Every carrier shall meet the standards set forth in this
section and any rules adopted by the commissioner to implement this section. In developing rules to implement this section, the commissioner shall consider relevant standards
adopted by national managed care accreditation organizations and state agencies that purchase managed health care
services. [2000 c 5 § 7.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.517 Enrollment of child participating in medical assistance program—Employer-sponsored health
plan. When the department of social and health services has
determined that it is cost-effective to enroll a child participating in a medical assistance program under chapter 74.09
RCW in an employer-sponsored health plan, the carrier shall
permit the enrollment of the participant who is otherwise eligible for coverage in the health plan without regard to any
open enrollment restrictions. The request for special enrollment shall be made by the department or participant within
sixty days of the department’s determination that the enrollment would be cost-effective. [2007 c 5 § 7.]
48.43.517
48.43.520 Requirement to maintain a documented
utilization review program description and written utilization review criteria—Rules. (1) Carriers that offer a
health plan shall maintain a documented utilization review
program description and written utilization review criteria
based on reasonable medical evidence. The program must
include a method for reviewing and updating criteria. Carriers shall make clinical protocols, medical management standards, and other review criteria available upon request to participating providers.
(2) The commissioner shall adopt, in rule, standards for
this section after considering relevant standards adopted by
national managed care accreditation organizations and state
agencies that purchase managed health care services.
(3) A carrier shall not be required to use medical evidence or standards in its utilization review of religious nonmedical treatment or religious nonmedical nursing care.
[2000 c 5 § 8.]
48.43.520
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.525 Prohibition against retrospective denial of
health plan coverage—Rules. (1) A health carrier that
offers a health plan shall not retrospectively deny coverage
for emergency and nonemergency care that had prior authorization under the plan’s written policies at the time the care
was rendered.
(2) The commissioner shall adopt, in rule, standards for
this section after considering relevant standards adopted by
national managed care accreditation organizations and state
agencies that purchase managed health care services. [2000
c 5 § 9.]
48.43.525
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
[Title 48 RCW—page 335]
48.43.530
Title 48 RCW: Insurance
48.43.530 Requirement for carriers to have a comprehensive grievance process—Carrier’s duties—Procedures—Appeals—Rules. (1) Each carrier that offers a
health plan must have a fully operational, comprehensive
grievance process that complies with the requirements of this
section and any rules adopted by the commissioner to implement this section. For the purposes of this section, the commissioner shall consider grievance process standards adopted
by national managed care accreditation organizations and
state agencies that purchase managed health care services.
(2) Each carrier must process as a complaint an
enrollee’s expression of dissatisfaction about customer service or the quality or availability of a health service. Each
carrier must implement procedures for registering and
responding to oral and written complaints in a timely and
thorough manner.
(3) Each carrier must provide written notice to an
enrollee or the enrollee’s designated representative, and the
enrollee’s provider, of its decision to deny, modify, reduce,
or terminate payment, coverage, authorization, or provision
of health care services or benefits, including the admission to
or continued stay in a health care facility.
(4) Each carrier must process as an appeal an enrollee’s
written or oral request that the carrier reconsider: (a) Its resolution of a complaint made by an enrollee; or (b) its decision
to deny, modify, reduce, or terminate payment, coverage,
authorization, or provision of health care services or benefits,
including the admission to, or continued stay in, a health care
facility. A carrier must not require that an enrollee file a complaint prior to seeking appeal of a decision under (b) of this
subsection.
(5) To process an appeal, each carrier must:
(a) Provide written notice to the enrollee when the appeal
is received;
(b) Assist the enrollee with the appeal process;
(c) Make its decision regarding the appeal within thirty
days of the date the appeal is received. An appeal must be
expedited if the enrollee’s provider or the carrier’s medical
director reasonably determines that following the appeal process response timelines could seriously jeopardize the
enrollee’s life, health, or ability to regain maximum function.
The decision regarding an expedited appeal must be made
within seventy-two hours of the date the appeal is received;
(d) Cooperate with a representative authorized in writing
by the enrollee;
(e) Consider information submitted by the enrollee;
(f) Investigate and resolve the appeal; and
(g) Provide written notice of its resolution of the appeal
to the enrollee and, with the permission of the enrollee, to the
enrollee’s providers. The written notice must explain the carrier’s decision and the supporting coverage or clinical reasons and the enrollee’s right to request independent review of
the carrier’s decision under RCW 48.43.535.
(6) Written notice required by subsection (3) of this section must explain:
(a) The carrier’s decision and the supporting coverage or
clinical reasons; and
(b) The carrier’s appeal process, including information,
as appropriate, about how to exercise the enrollee’s rights to
obtain a second opinion, and how to continue receiving services as provided in this section.
48.43.530
[Title 48 RCW—page 336]
(7) When an enrollee requests that the carrier reconsider
its decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving through the
health plan and the carrier’s decision is based upon a finding
that the health service, or level of health service, is no longer
medically necessary or appropriate, the carrier must continue
to provide that health service until the appeal is resolved. If
the resolution of the appeal or any review sought by the
enrollee under RCW 48.43.535 affirms the carrier’s decision,
the enrollee may be responsible for the cost of this continued
health service.
(8) Each carrier must provide a clear explanation of the
grievance process upon request, upon enrollment to new
enrollees, and annually to enrollees and subcontractors.
(9) Each carrier must ensure that the grievance process is
accessible to enrollees who are limited English speakers, who
have literacy problems, or who have physical or mental disabilities that impede their ability to file a grievance.
(10) Each carrier must: Track each appeal until final resolution; maintain, and make accessible to the commissioner
for a period of three years, a log of all appeals; and identify
and evaluate trends in appeals. [2000 c 5 § 10.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.535 Independent review of health care disputes—System for using certified independent review
organizations—Rules. (1) There is a need for a process for
the fair consideration of disputes relating to decisions by carriers that offer a health plan to deny, modify, reduce, or terminate coverage of or payment for health care services for an
enrollee.
(2) An enrollee may seek review by a certified independent review organization of a carrier’s decision to deny, modify, reduce, or terminate coverage of or payment for a health
care service, after exhausting the carrier’s grievance process
and receiving a decision that is unfavorable to the enrollee, or
after the carrier has exceeded the timelines for grievances
provided in RCW 48.43.530, without good cause and without
reaching a decision.
(3) The commissioner must establish and use a rotational
registry system for the assignment of a certified independent
review organization to each dispute. The system should be
flexible enough to ensure that an independent review organization has the expertise necessary to review the particular
medical condition or service at issue in the dispute.
(4) Carriers must provide to the appropriate certified
independent review organization, not later than the third business day after the date the carrier receives a request for
review, a copy of:
(a) Any medical records of the enrollee that are relevant
to the review;
(b) Any documents used by the carrier in making the
determination to be reviewed by the certified independent
review organization;
(c) Any documentation and written information submitted to the carrier in support of the appeal; and
(d) A list of each physician or health care provider who
has provided care to the enrollee and who may have medical
records relevant to the appeal. Health information or other
48.43.535
(2008 Ed.)
Insurance Reform
confidential or proprietary information in the custody of a
carrier may be provided to an independent review organization, subject to rules adopted by the commissioner.
(5) The medical reviewers from a certified independent
review organization will make determinations regarding the
medical necessity or appropriateness of, and the application
of health plan coverage provisions to, health care services for
an enrollee. The medical reviewers’ determinations must be
based upon their expert medical judgment, after consideration of relevant medical, scientific, and cost-effectiveness
evidence, and medical standards of practice in the state of
Washington. Except as provided in this subsection, the certified independent review organization must ensure that determinations are consistent with the scope of covered benefits as
outlined in the medical coverage agreement. Medical reviewers may override the health plan’s medical necessity or
appropriateness standards if the standards are determined
upon review to be unreasonable or inconsistent with sound,
evidence-based medical practice.
(6) Once a request for an independent review determination has been made, the independent review organization
must proceed to a final determination, unless requested otherwise by both the carrier and the enrollee or the enrollee’s representative.
(7) Carriers must timely implement the certified independent review organization’s determination, and must pay
the certified independent review organization’s charges.
(8) When an enrollee requests independent review of a
dispute under this section, and the dispute involves a carrier’s
decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving at the time the
request for review is submitted and the carrier’s decision is
based upon a finding that the health service, or level of health
service, is no longer medically necessary or appropriate, the
carrier must continue to provide the health service if
requested by the enrollee until a determination is made under
this section. If the determination affirms the carrier’s decision, the enrollee may be responsible for the cost of the continued health service.
(9) A certified independent review organization may
notify the office of the insurance commissioner if, based
upon its review of disputes under this section, it finds a pattern of substandard or egregious conduct by a carrier.
(10)(a) The commissioner shall adopt rules to implement
this section after considering relevant standards adopted by
national managed care accreditation organizations.
(b) This section is not intended to supplant any existing
authority of the office of the insurance commissioner under
this title to oversee and enforce carrier compliance with
applicable statutes and rules. [2000 c 5 § 11.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.540 Requirement to designate a licensed medical director—Exemption. Any carrier that offers a health
plan and any self-insured health plan subject to the jurisdiction of Washington state shall designate a medical director
who is licensed under chapter 18.57 or 18.71 RCW. However, a naturopathic or complementary alternative health
plan, which provides solely complementary alternative health
48.43.540
(2008 Ed.)
48.43.545
care to individuals, groups, or health plans, may have a medical director licensed under chapter 18.36A RCW. A carrier
that offers dental only coverage shall designate a dental director who is licensed under chapter 18.32 RCW, or licensed in
a state that has been determined by the dental quality assurance commission to have substantially equivalent licensing
standards to those of Washington. A health plan or selfinsured health plan that offers only religious nonmedical
treatment or religious nonmedical nursing care shall not be
required to have a medical director. [2002 c 103 § 1; 2000 c
5 § 13.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.545 Standard of care—Liability—Causes of
action—Defense—Exception. (1)(a) A health carrier shall
adhere to the accepted standard of care for health care providers under chapter 7.70 RCW when arranging for the provision of medically necessary health care services to its enrollees. A health carrier shall be liable for any and all harm proximately caused by its failure to follow that standard of care
when the failure resulted in the denial, delay, or modification
of the health care service recommended for, or furnished to,
an enrollee.
(b) A health carrier is also liable for damages under (a) of
this subsection for harm to an enrollee proximately caused by
health care treatment decisions that result from a failure to
follow the accepted standard of care made by its:
(i) Employees;
(ii) Agents; or
(iii) Ostensible agents who are acting on its behalf and
over whom it has the right to exercise influence or control or
has actually exercised influence or control.
(2) The provisions of this section may not be waived,
shifted, or modified by contract or agreement and responsibility for the provisions shall be a duty that cannot be delegated. Any effort to waive, modify, delegate, or shift liability
for a breach of the duty established by this section, through a
contract for indemnification or otherwise, is invalid.
(3) This section does not create any new cause of action,
or eliminate any presently existing cause of action, with
respect to health care providers and health care facilities that
are included in and subject to the provisions of chapter 7.70
RCW.
(4) It is a defense to any action or liability asserted under
this section against a health carrier that:
(a) The health care service in question is not a benefit
provided under the plan or the service is subject to limitations
under the plan that have been exhausted;
(b) Neither the health carrier, nor any employee, agent,
or ostensible agent for whose conduct the health carrier is liable under subsection (1)(b) of this section, controlled, influenced, or participated in the health care decision; or
(c) The health carrier did not deny or unreasonably delay
payment for treatment prescribed or recommended by a participating health care provider for the enrollee.
(5) This section does not create any liability on the part
of an employer, an employer group purchasing organization
that purchases coverage or assumes risk on behalf of its
employers, or a governmental agency that purchases cover48.43.545
[Title 48 RCW—page 337]
48.43.550
Title 48 RCW: Insurance
age on behalf of individuals and families. The governmental
entity established to offer and provide health insurance to
public employees, public retirees, and their covered dependents under RCW 41.05.140 is subject to liability under this
section.
(6) Nothing in any law of this state prohibiting a health
carrier from practicing medicine or being licensed to practice
medicine may be asserted as a defense by the health carrier in
an action brought against it under this section.
(7)(a) A person may not maintain a cause of action under
this section against a health carrier unless:
(i) The affected enrollee has suffered substantial harm.
As used in this subsection, "substantial harm" means loss of
life, loss or significant impairment of limb, bodily or cognitive function, significant disfigurement, or severe or chronic
physical pain; and
(ii) The affected enrollee or the enrollee’s representative
has exercised the opportunity established in RCW 48.43.535
to seek independent review of the health care treatment decision.
(b) This subsection (7) does not prohibit an enrollee from
pursuing other appropriate remedies, including injunctive
relief, a declaratory judgment, or other relief available under
law, if its requirements place the enrollee’s health in serious
jeopardy.
(8) In an action against a health carrier, a finding that a
health care provider is an employee, agent, or ostensible
agent of such a health carrier shall not be based solely on
proof that the person’s name appears in a listing of approved
physicians or health care providers made available to enrollees under a health plan.
(9) Any action under this section shall be commenced
within three years of the completion of the independent
review process.
(10) This section does not apply to workers’ compensation insurance under Title 51 RCW. [2000 c 5 § 17.]
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.550 Delegation of duties—Carrier accountability. Each carrier is accountable for and must oversee any
activities required by chapter 5, Laws of 2000 that it delegates to any subcontractor. No contract with a subcontractor
executed by the health carrier or the subcontractor may
relieve the health carrier of its obligations to any enrollee for
the provision of health care services or of its responsibility
for compliance with statutes or rules. [2000 c 5 § 18.]
48.43.550
owes the refund. If a provider fails to contest the request in
writing to the carrier within thirty days of its receipt, the
request is deemed accepted and the refund must be paid.
(2) A carrier may not, if doing so for reasons related to
coordination of benefits with another carrier or entity responsible for payment of a claim: (a) Request a refund from a
health care provider of a payment previously made to satisfy
a claim unless it does so in writing to the provider within
thirty months after the date that the payment was made; or (b)
request that a contested refund be paid any sooner than six
months after receipt of the request. Any such request must
specify why the carrier believes the provider owes the refund,
and include the name and mailing address of the entity that
has primary responsibility for payment of the claim. If a provider fails to contest the request in writing to the carrier
within thirty days of its receipt, the request is deemed
accepted and the refund must be paid.
(3) A carrier may at any time request a refund from a
health care provider of a payment previously made to satisfy
a claim if: (a) A third party, including a government entity, is
found responsible for satisfaction of the claim as a consequence of liability imposed by law, such as tort liability; and
(b) the carrier is unable to recover directly from the third
party because the third party has either already paid or will
pay the provider for the health services covered by the claim.
(4) If a contract between a carrier and a health care provider conflicts with this section, this section shall prevail.
However, nothing in this section prohibits a health care provider from choosing at any time to refund to a carrier any
payment previously made to satisfy a claim.
(5) For purposes of this section, "refund" means the
return, either directly or through an offset to a future claim, of
some or all of a payment already received by a health care
provider.
(6) This section neither permits nor precludes a carrier
from recovering from a subscriber, enrollee, or beneficiary
any amounts paid to a health care provider for benefits to
which the subscriber, enrollee, or beneficiary was not entitled
under the terms and conditions of the health plan, insurance
policy, or other benefit agreement.
(7) This section does not apply to claims for health care
services provided through dental-only health carriers, health
care services provided under Title XVIII (medicare) of the
social security act, or medicare supplemental plans regulated
under chapter 48.66 RCW. [2005 c 278 § 1.]
Application—2005 c 278: "This act applies to contracts issued or
renewed on or after January 1, 2006." [2005 c 278 § 3.]
48.43.605 Overpayment recovery—Health care provider. (1) Except in the case of fraud, or as provided in subsection (2) of this section, a health care provider may not: (a)
Request additional payment from a carrier to satisfy a claim
unless he or she does so in writing to the carrier within
twenty-four months after the date that the claim was denied
or payment intended to satisfy the claim was made; or (b)
request that the additional payment be made any sooner than
six months after receipt of the request. Any such request
must specify why the provider believes the carrier owes the
additional payment.
(2) A health care provider may not, if doing so for reasons related to coordination of benefits with another carrier
48.43.605
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.600 Overpayment recovery—Carrier. (1)
Except in the case of fraud, or as provided in subsections (2)
and (3) of this section, a carrier may not: (a) Request a refund
from a health care provider of a payment previously made to
satisfy a claim unless it does so in writing to the provider
within twenty-four months after the date that the payment
was made; or (b) request that a contested refund be paid any
sooner than six months after receipt of the request. Any such
request must specify why the carrier believes the provider
48.43.600
[Title 48 RCW—page 338]
(2008 Ed.)
Health Care Services
Chapter 48.44
48.44.021
Calculation of premiums—Members of a purchasing pool—
Adjusted community rating method—Definitions.
Calculation of premiums—Adjusted community rate—Definitions.
Health plan benefits for small employers—Coverage—
Exemption from statutory requirements—Premium rates—
Requirements for providing coverage for small employers.
Requirements for plans offered to small employers—Definitions.
Payment for certain health care services.
Underwriting of indemnity by insurance policy, bond, securities, or cash deposit.
Financial failure—Supervision of commissioner—Priority of
distribution of assets.
Limited health care service—Uncovered expenditures—Minimum net worth requirements.
Minimum net worth—Requirement to maintain—Determination of amount.
Minimum net worth—Domestic or foreign health care service
contractor.
Registration with commissioner—Fee.
Rules and regulations.
Plan for handling insolvency—Commissioner’s review.
Insolvency—Commissioner’s duties—Participants’ options—
Allocation of coverage.
Penalty.
Contracts to be filed with commissioner.
Master lists of contractor’s participating providers—Filing
with commissioner—Notice of termination or participation.
Refusal to register corporate, etc., contractor if name confusing with existing contractor or insurance company.
Annual financial statement—Filings—Contents—Fee—Penalty for failure to file.
Filing inaccurate financial statement prohibited.
False representation, advertising.
Misrepresentations of contract terms, benefits, etc.
Future dividends or refunds—When permissible.
Misleading comparisons to terminate or retain contract.
Examination of contractors—Duties of contractor, powers of
commissioner—Independent audit reports.
Certificate of registration not an endorsement—Display in
solicitation prohibited.
Revocation, suspension, refusal of registration—Hearing—
Cease and desist orders, injunctive action—Grounds.
Notice of suspension, revocation, or refusal to be given contractor—Authority of agents.
Fine in addition to or in lieu of suspension, revocation, or
refusal.
Hearings and appeals.
Enforcement.
Individual health care service plan contracts—Coverage of
dependent child not to terminate because of developmental
disability or physical handicap.
Group health care service plan contracts—Coverage of dependent child not to terminate because of developmental disability or physical handicap.
Coverage of dependent children to include newborn infants
and congenital anomalies from moment of birth—Notification period.
Option to cover dependents under age twenty-five.
Discrimination prohibited.
Podiatric physicians and surgeons not excluded.
Individual health service plan contract—Return within ten
days of delivery—Refunds—Void from beginning—Notice
required.
Chemical dependency benefits—Provisions of group contracts
delivered or renewed after January 1, 1988.
Chemical dependency benefits—RCW 48.21.160 through
48.21.190, 48.44.240 inapplicable, when.
"Chemical dependency" defined.
Payment of premium by employee in event of suspension of
compensation due to labor dispute.
Notice of reason for cancellation, denial, or refusal to renew
contract.
Immunity from libel or slander.
Registered nurses or advanced registered nurses.
Legislative finding.
Podiatric medicine and surgery—Benefits not to be denied.
When injury caused by intoxication or use of narcotics.
Legislative finding.
Chiropractic care, coverage required, exceptions.
Diabetes coverage—Definitions.
or entity responsible for payment of a claim: (a) Request
additional payment from a carrier to satisfy a claim unless he
or she does so in writing to the carrier within thirty months
after the date the claim was denied or payment intended to
satisfy the claim was made; or (b) request that the additional
payment be made any sooner than six months after receipt of
the request. Any such request must specify why the provider
believes the carrier owes the additional payment, and include
the name and mailing address of any entity that has disclaimed responsibility for payment of the claim.
(3) If a contract between a carrier and a health care provider conflicts with this section, this section shall prevail.
However, nothing in this section prohibits a carrier from
choosing at any time to make additional payments to a provider to satisfy a claim.
(4) This section does not apply to claims for health care
services provided through dental-only health carriers, health
care services provided under Title XVIII (medicare) of the
social security act, or medicare supplemental plans regulated
under chapter 48.66 RCW. [2005 c 278 § 2.]
Application—2005 c 278: See note following RCW 48.43.600.
48.44.022
48.44.023
48.44.024
48.44.026
48.44.030
48.44.033
48.44.035
48.44.037
48.44.039
48.44.040
48.44.050
48.44.055
48.44.057
48.44.060
48.44.070
48.44.080
48.44.090
48.43.650 Fixed payment insurance products—Commissioner’s annual report. The commissioner shall collect
information from insurers offering fixed payment insurance
products, and report aggregated data for each calendar year,
including the number of groups purchasing the products, the
number of enrollees, and the number of consumer complaints
filed. The reports shall be provided to the legislature annually to reflect the calendar year experience, and the initial
report shall reflect calendar year 2008 and be due no later
than June 1, 2009, and each June thereafter. [2007 c 296 § 6.]
48.43.650
48.44.095
48.44.100
48.44.110
48.44.120
48.44.130
48.44.140
48.44.145
48.44.150
48.44.160
48.44.164
48.43.901 Captions not law—1996 c 312. Captions
used in this act do not constitute part of the law. [1996 c 312
§ 6.]
48.43.901
48.43.902 Effective date—1996 c 312. This act shall
take effect July 1, 1996. [1996 c 312 § 8.]
48.43.902
48.43.903 Severability—1998 c 241. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 241 § 17.]
48.44.166
48.44.170
48.44.180
48.44.200
48.44.210
48.43.903
Chapter 48.44
Chapter 48.44 RCW
HEALTH CARE SERVICES
48.44.013
48.44.015
48.44.016
48.44.017
48.44.020
(2008 Ed.)
48.44.215
48.44.220
48.44.225
48.44.230
48.44.240
48.44.241
Sections
48.44.010
48.44.011
48.44.212
Definitions.
Agent—Definition—License required—Application, issuance, renewal, fees—Penalties involving license.
Filings with secretary of state—Copy for commissioner.
Registration by health care service contractors required—Penalty.
Unregistered activities—Acts committed in this state—Sanctions.
Schedule of rates for individual contracts—Loss ratio—
Remittance of premiums—Definitions.
Contracts for services—Examination of contract forms by
commissioner—Grounds for disapproval—Liability of participant.
48.44.245
48.44.250
48.44.260
48.44.270
48.44.290
48.44.299
48.44.300
48.44.305
48.44.309
48.44.310
48.44.315
[Title 48 RCW—page 339]
48.44.010
48.44.320
48.44.325
48.44.327
48.44.330
48.44.335
48.44.341
48.44.342
48.44.344
48.44.350
48.44.360
48.44.370
48.44.380
48.44.390
48.44.400
48.44.420
48.44.430
48.44.440
48.44.450
48.44.460
48.44.465
48.44.470
48.44.500
48.44.530
48.44.535
48.44.540
48.44.545
48.44.550
48.44.555
Title 48 RCW: Insurance
Home health care, hospice care, optional coverage required—
Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.
Mammograms—Insurance coverage.
Prostate cancer screening.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Mental health services—Group health plans—Definition—
Coverage required, when.
Mental health treatment—Waiver of preauthorization for persons involuntarily committed.
Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or after January 1, 1990.
Financial interests of health care service contractors,
restricted—Exceptions, regulations.
Continuation option to be offered.
Conversion contract to be offered—Exceptions, conditions.
Conversion contract—Restrictions and requirements.
Modification of basis of agreement, endorsement required.
Continuance provisions for former family members.
Coverage for adopted children.
Cancellation of rider.
Phenylketonuria.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Temporomandibular joint disorders—Insurance coverage.
Prescriptions—Preapproval of individual claims—Subsequent
rejection prohibited—Written record required.
Nonresident pharmacies.
Denturist services.
Disclosure of certain material transactions—Report—Information is confidential.
Material acquisitions or dispositions.
Asset acquisitions—Asset dispositions.
Report of a material acquisition or disposition of assets—
Information required.
Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Agents of health care service contractors, additional regulations applicable:
RCW 48.17.065.
48.44.010 Definitions. For the purposes of this chapter:
(1) "Health care services" means and includes medical,
surgical, dental, chiropractic, hospital, optometric, podiatric,
pharmaceutical, ambulance, custodial, mental health, and
other therapeutic services.
(2) "Provider" means any health professional, hospital,
or other institution, organization, or person that furnishes
health care services and is licensed to furnish such services.
(3) "Health care service contractor" means any corporation, cooperative group, or association, which is sponsored by
or otherwise intimately connected with a provider or group of
providers, who or which not otherwise being engaged in the
insurance business, accepts prepayment for health care services from or for the benefit of persons or groups of persons
as consideration for providing such persons with any health
care services. "Health care service contractor" does not
include direct patient-provider primary care practices as
defined in RCW 48.150.010.
(4) "Participating provider" means a provider, who or
which has contracted in writing with a health care service
contractor to accept payment from and to look solely to such
contractor according to the terms of the subscriber contract
for any health care services rendered to a person who has previously paid, or on whose behalf prepayment has been made,
to such contractor for such services.
(5) "Enrolled participant" means a person or group of
persons who have entered into a contractual arrangement or
on whose behalf a contractual arrangement has been entered
48.44.010
[Title 48 RCW—page 340]
into with a health care service contractor to receive health
care services.
(6) "Commissioner" means the insurance commissioner.
(7) "Uncovered expenditures" means the costs to the
health care service contractor for health care services that are
the obligation of the health care service contractor for which
an enrolled participant would also be liable in the event of the
health care service contractor’s insolvency and for which no
alternative arrangements have been made as provided herein.
The term does not include expenditures for covered services
when a provider has agreed not to bill the enrolled participant
even though the provider is not paid by the health care service
contractor, or for services that are guaranteed, insured or
assumed by a person or organization other than the health
care service contractor.
(8) "Copayment" means an amount specified in a group
or individual contract which is an obligation of an enrolled
participant for a specific service which is not fully prepaid.
(9) "Deductible" means the amount an enrolled participant is responsible to pay before the health care service contractor begins to pay the costs associated with treatment.
(10) "Group contract" means a contract for health care
services which by its terms limits eligibility to members of a
specific group. The group contract may include coverage for
dependents.
(11) "Individual contract" means a contract for health
care services issued to and covering an individual. An individual contract may include dependents.
(12) "Carrier" means a health maintenance organization,
an insurer, a health care service contractor, or other entity
responsible for the payment of benefits or provision of services under a group or individual contract.
(13) "Replacement coverage" means the benefits provided by a succeeding carrier.
(14) "Insolvent" or "insolvency" means that the organization has been declared insolvent and is placed under an
order of liquidation by a court of competent jurisdiction.
(15) "Fully subordinated debt" means those debts that
meet the requirements of RCW 48.44.037(3) and are
recorded as equity.
(16) "Net worth" means the excess of total admitted
assets as defined in RCW 48.12.010 over total liabilities but
the liabilities shall not include fully subordinated debt. [2007
c 267 § 2; 1990 c 120 § 1; 1986 c 223 § 1. Prior: 1983 c 286
§ 3; 1983 c 154 § 3; 1980 c 102 § 10; 1965 c 87 § 1; 1961 c
197 § 1; 1947 c 268 § 1; Rem. Supp. 1947 § 6131-10.]
Severability—1983 c 286: See note following RCW 48.44.309.
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.011 Agent—Definition—License required—
Application, issuance, renewal, fees—Penalties involving
license. (Effective until July 1, 2009.) (1) Agent, as used in
this chapter, means any person appointed or authorized by a
health care service contractor to solicit applications for health
care service contracts on its behalf.
(2) No person shall act as or hold himself out to be an
agent of a health care service contractor unless licensed as a
disability insurance agent by this state and appointed by the
health care service contractor on whose behalf solicitations
are to be made.
48.44.011
(2008 Ed.)
Health Care Services
(3) Applications, appointments, and qualifications for
licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to a
disability insurance agent.
(4) A person holding a valid license in this state as a
health care service contractor agent on July 24, 1983, is not
required to requalify by an examination for the renewal of the
license.
(5) The commissioner may revoke, suspend, or refuse to
issue or renew any agent’s license, or levy a fine upon the licensee, in accordance with those provisions of chapter 48.17
RCW that are applicable to a disability insurance agent.
[1983 c 202 § 1; 1969 c 115 § 7.]
48.44.017
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health care service contractor domiciled in this state other than the memberships and
bonds of a nonprofit corporation shall be subject to the provisions of chapter 48.06 RCW relating to obtaining solicitation
permits the same as if health care service contractors were
domestic insurers.
(3) Any person violating any provision of subsection (2)
of this section is guilty of a gross misdemeanor and will, upon
conviction, be fined not more than one thousand dollars or
imprisoned for not more than six months, or both, for each
violation. [2003 c 250 § 7; 1983 c 202 § 2; 1969 c 115 § 6.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.44.016 Unregistered activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves a health care services contract.
(3) Any person who knowingly violates RCW
48.44.015(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.44.015(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 8.]
48.44.016
48.44.011 Insurance producer—Definition—License
required—Application, issuance, renewal, fees—Penalties involving license. (Effective July 1, 2009.) (1) Insurance producer, as used in this chapter, means any person
appointed or authorized by a health care service contractor to
solicit applications for health care service contracts on its
behalf.
(2) No person shall act as or hold himself or herself out
to be an appointed insurance producer of a health care service
contractor unless licensed as a disability insurance producer
by this state and appointed by the health care service contractor on whose behalf solicitations are to be made.
(3) Applications, appointments, and qualifications for
licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to a
disability insurance producer.
(4) The commissioner may revoke, suspend, or refuse to
issue or renew any insurance producer’s license, or levy a
fine upon the licensee, in accordance with those provisions of
chapter 48.17 RCW that are applicable to a disability insurance producer. [2008 c 217 § 50; 1983 c 202 § 1; 1969 c 115
§ 7.]
48.44.011
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.44.013 Filings with secretary of state—Copy for
commissioner. Health care service contractors and limited
health care service contractors shall send a copy specifically
for the office of the insurance commissioner to the secretary
of state of any corporate document required to be filed in the
office of the secretary of state, including articles of incorporation and bylaws, and any amendments thereto. The copy
specifically provided for the office of the insurance commissioner shall be in addition to the copies required by the secretary of state and shall clearly indicate on the copy that it is for
delivery to the office of the insurance commissioner. [1998 c
23 § 16.]
48.44.013
48.44.015 Registration by health care service contractors required—Penalty. (1) A person may not in this
state, by mail or otherwise, act as or hold himself or herself
out to be a health care service contractor, as defined in RCW
48.44.010 without first being registered with the commissioner.
48.44.015
(2008 Ed.)
Severability—2003 c 250: See note following RCW 48.01.080.
48.44.017 Schedule of rates for individual contracts—Loss ratio—Remittance of premiums—Definitions. (1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Claims" means the cost to the health care service
contractor of health care services, as defined in RCW
48.43.005, provided to a contract holder or paid to or on
behalf of a contract holder in accordance with the terms of a
health benefit plan, as defined in RCW 48.43.005. This
includes capitation payments or other similar payments made
to providers for the purpose of paying for health care services
for an enrollee.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or not.
48.44.017
[Title 48 RCW—page 341]
48.44.020
Title 48 RCW: Insurance
(c) "Declination rate" for a health care service contractor
means the percentage of the total number of applicants for
individual health benefit plans received by that health care
service contractor in the aggregate in the applicable year
which are not accepted for enrollment by that health care service contractor based on the results of the standard health
questionnaire administered pursuant to RCW
48.43.018(2)(a).
(d) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(e) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(f) "Loss ratio" means incurred claims expense as a percentage of earned premiums.
(g) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) A health care service contractor must file supporting
documentation of its method of determining the rates charged
for its individual contracts. At a minimum, the health care
service contractor must provide the following supporting
documentation:
(a) A description of the health care service contractor’s
rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the health care service contractor’s projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted community rates charged; and
(d) A certification by a member of the American academy of actuaries, or other person approved by the commissioner, that the adjusted community rate charged can be reasonably expected to result in a loss ratio that meets or exceeds
the loss ratio standard of seventy-four percent, minus the premium tax rate applicable to the carrier’s individual health
benefit plans under RCW 48.14.0201.
(3) By the last day of May each year any health care service contractor issuing or renewing individual health benefit
plans in this state during the preceding calendar year shall file
for review by the commissioner supporting documentation of
its actual loss ratio and its actual declination rate for its individual health benefit plans offered or renewed in this state in
aggregate for the preceding calendar year. The filing shall
include aggregate earned premiums, aggregate incurred
claims, and a certification by a member of the American
academy of actuaries, or other person approved by the commissioner, that the actual loss ratio has been calculated in
accordance with accepted actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the health care service contractor.
[Title 48 RCW—page 342]
(c) Any dispute regarding the calculation of the actual
loss ratio shall upon written demand of either the commissioner or the health care service contractor be submitted to
hearing under chapters 48.04 and 34.05 RCW.
(4) If the actual loss ratio for the preceding calendar year
is less than the loss ratio standard established in subsection
(5) of this section, a remittance is due and the following shall
apply:
(a) The health care service contractor shall calculate a
percentage of premium to be remitted to the Washington state
health insurance pool by subtracting the actual loss ratio for
the preceding year from the loss ratio established in subsection (5) of this section.
(b) The remittance to the Washington state health insurance pool is the percentage calculated in (a) of this subsection, multiplied by the premium earned from each enrollee in
the previous calendar year. Interest shall be added to the
remittance due at a five percent annual rate calculated from
the end of the calendar year for which the remittance is due to
the date the remittance is made.
(c) All remittances shall be aggregated and such amounts
shall be remitted to the Washington state high risk pool to be
used as directed by the pool board of directors.
(d) Any remittance required to be issued under this section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (3)(a) of this section or the determination by an administrative law judge
under subsection (3)(c) of this section.
(5) The loss ratio applicable to this section shall be the
percentage set forth in the following schedule that correlates
to the health care service contractor’s actual declination rate
in the preceding year, minus the premium tax rate applicable
to the health care service contractor’s individual health benefit plans under RCW 48.14.0201.
Actual Declination Rate
Under Six Percent (6%)
Six Percent (6%) or more
(but less than Seven Percent)
Seven Percent (7%) or more
(but less than Eight Percent)
Eight Percent (8%) or more
Loss Ratio
Seventy-Four Percent (74%)
Seventy-Five Percent (75%)
Seventy-Six Percent (76%)
Seventy-Seven Percent
(77%)
[2008 c 303 § 5; 2001 c 196 § 11; 2000 c 79 § 29.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.44.020 Contracts for services—Examination of
contract forms by commissioner—Grounds for disapproval—Liability of participant. (Effective until July 1,
2009.) (1) Any health care service contractor may enter into
contracts with or for the benefit of persons or groups of persons which require prepayment for health care services by or
for such persons in consideration of such health care service
contractor providing one or more health care services to such
persons and such activity shall not be subject to the laws
relating to insurance if the health care services are rendered
48.44.020
(2008 Ed.)
Health Care Services
by the health care service contractor or by a participating provider.
(2) The commissioner may on examination, subject to
the right of the health care service contractor to demand and
receive a hearing under chapters 48.04 and 34.05 RCW, disapprove any individual or group contract form for any of the
following grounds:
(a) If it contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and
conditions which unreasonably or deceptively affect the risk
purported to be assumed in the general coverage of the contract; or
(b) If it has any title, heading, or other indication of its
provisions which is misleading; or
(c) If purchase of health care services thereunder is being
solicited by deceptive advertising; or
(d) If it contains unreasonable restrictions on the treatment of patients; or
(e) If it violates any provision of this chapter; or
(f) If it fails to conform to minimum provisions or standards required by regulation made by the commissioner pursuant to chapter 34.05 RCW; or
(g) If any contract for health care services with any state
agency, division, subdivision, board, or commission or with
any political subdivision, municipal corporation, or quasimunicipal corporation fails to comply with state law.
(3) In addition to the grounds listed in subsection (2) of
this section, the commissioner may disapprove any contract if
the benefits provided therein are unreasonable in relation to
the amount charged for the contract. Rates, or any modification of rates effective on or after July 1, 2008, for individual
health benefit plans may not be used until sixty days after
they are filed with the commissioner. If the commissioner
does not disapprove a rate filing within sixty days after the
health care service contractor has filed the documents
required in RCW 48.44.017(2) and any rules adopted pursuant thereto, the filing shall be deemed approved.
(4)(a) Every contract between a health care service contractor and a participating provider of health care services
shall be in writing and shall state that in the event the health
care service contractor fails to pay for health care services as
provided in the contract, the enrolled participant shall not be
liable to the provider for sums owed by the health care service contractor. Every such contract shall provide that this
requirement shall survive termination of the contract.
(b) No participating provider, agent, trustee, or assignee
may maintain any action against an enrolled participant to
collect sums owed by the health care service contractor.
[2008 c 303 § 2; 2000 c 79 § 28; 1990 c 120 § 5; 1986 c 223
§ 2; 1985 c 283 § 1; 1983 c 286 § 4; 1973 1st ex.s. c 65 § 1;
1969 c 115 § 1; 1961 c 197 § 2; 1947 c 268 § 2; Rem. Supp.
1947 § 6131-11.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Severability—1983 c 286: See note following RCW 48.44.309.
48.44.020 Contracts for services—Examination of
contract forms by commissioner—Grounds for disapproval—Liability of participant. (Effective July 1, 2009.)
(1) Any health care service contractor may enter into contracts with or for the benefit of persons or groups of persons
48.44.020
(2008 Ed.)
48.44.020
which require prepayment for health care services by or for
such persons in consideration of such health care service contractor providing one or more health care services to such
persons and such activity shall not be subject to the laws
relating to insurance if the health care services are rendered
by the health care service contractor or by a participating provider.
(2) The commissioner may on examination, subject to
the right of the health care service contractor to demand and
receive a hearing under chapters 48.04 and 34.05 RCW, disapprove any individual or group contract form for any of the
following grounds:
(a) If it contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and
conditions which unreasonably or deceptively affect the risk
purported to be assumed in the general coverage of the contract; or
(b) If it has any title, heading, or other indication of its
provisions which is misleading; or
(c) If purchase of health care services thereunder is being
solicited by deceptive advertising; or
(d) If it contains unreasonable restrictions on the treatment of patients; or
(e) If it violates any provision of this chapter; or
(f) If it fails to conform to minimum provisions or standards required by regulation made by the commissioner pursuant to chapter 34.05 RCW; or
(g) If any contract for health care services with any state
agency, division, subdivision, board, or commission or with
any political subdivision, municipal corporation, or quasimunicipal corporation fails to comply with state law.
(3) In addition to the grounds listed in subsection (2) of
this section, the commissioner may disapprove any contract if
the benefits provided therein are unreasonable in relation to
the amount charged for the contract. Rates, or any modification of rates effective on or after July 1, 2008, for individual
health benefit plans may not be used until sixty days after
they are filed with the commissioner. If the commissioner
does not disapprove a rate filing within sixty days after the
health care service contractor has filed the documents
required in RCW 48.44.017(2) and any rules adopted pursuant thereto, the filing shall be deemed approved.
(4)(a) Every contract between a health care service contractor and a participating provider of health care services
shall be in writing and shall state that in the event the health
care service contractor fails to pay for health care services as
provided in the contract, the enrolled participant shall not be
liable to the provider for sums owed by the health care service contractor. Every such contract shall provide that this
requirement shall survive termination of the contract.
(b) No participating provider, insurance producer,
trustee, or assignee may maintain any action against an
enrolled participant to collect sums owed by the health care
service contractor. [2008 c 303 § 2; 2008 c 217 § 51; 2000 c
79 § 28; 1990 c 120 § 5; 1986 c 223 § 2; 1985 c 283 § 1; 1983
c 286 § 4; 1973 1st ex.s. c 65 § 1; 1969 c 115 § 1; 1961 c 197
§ 2; 1947 c 268 § 2; Rem. Supp. 1947 § 6131-11.]
Reviser’s note: This section was amended by 2008 c 217 § 51 and by
2008 c 303 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
[Title 48 RCW—page 343]
48.44.021
Title 48 RCW: Insurance
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Severability—1983 c 286: See note following RCW 48.44.309.
48.44.021 Calculation of premiums—Members of a
purchasing pool—Adjusted community rating method—
Definitions. (1) Premiums for health benefit plans for individuals who purchase the plan as a member of a purchasing
pool:
(a) Consisting of five hundred or more individuals affiliated with a particular industry;
(b) To whom care management services are provided as
a benefit of pool membership; and
(c) Which allows contributions from more than one
employer to be used towards the purchase of an individual’s
health benefit plan;
shall be calculated using the adjusted community rating
method that spreads financial risk across the entire purchasing pool of which the individual is a member. Such rates are
subject to the following provisions:
(i) The health care service contractor shall develop its
rates based on an adjusted community rate and may only vary
the adjusted community rate for:
(A) Geographic area;
(B) Family size;
(C) Age;
(D) Tenure discounts; and
(E) Wellness activities.
(ii) The adjustment for age in (c)(i)(C) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(iii) The health care service contractor shall be permitted
to develop separate rates for individuals age sixty-five or
older for coverage for which medicare is the primary payer,
and coverage for which medicare is not the primary payer.
Both rates are subject to the requirements of this subsection.
(iv) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(v) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(vi) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(A) Changes to the family composition;
(B) Changes to the health benefit plan requested by the
individual; or
(C) Changes in government requirements affecting the
health benefit plan.
(vii) For the purposes of this section, a health benefit
plan that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
48.44.021
[Title 48 RCW—page 344]
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(viii) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall not be required to be pooled with the medical experience of health benefit plans offered to small employers
under RCW 48.44.023.
(3) As used in this section and RCW 48.44.023, "health
benefit plan," "small employer," "adjusted community rates,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2006 c 100 § 4.]
Legality of purchasing pools—Federal opinion requested—2006 c
100: See note following RCW 48.20.028.
48.44.022 Calculation of premiums—Adjusted community rate—Definitions. (1) Except for health benefit
plans covered under RCW 48.44.021, premium rates for
health benefit plans for individuals shall be subject to the following provisions:
(a) The health care service contractor shall develop its
rates based on an adjusted community rate and may only vary
the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The health care service contractor shall be permitted
to develop separate rates for individuals age sixty-five or
older for coverage for which medicare is the primary payer
and coverage for which medicare is not the primary payer.
Both rates shall be subject to the requirements of this subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
48.44.022
(2008 Ed.)
Health Care Services
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall pool the medical experience of all individuals purchasing coverage, except individuals purchasing coverage
under RCW 48.44.021, and shall not be required to be pooled
with the medical experience of health benefit plans offered to
small employers under RCW 48.44.023.
(3) As used in this section and RCW 48.44.023 "health
benefit plan," "small employer," "adjusted community rates,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2006 c 100 § 3; 2004 c 244 § 6; 2000 c 79 § 30;
1997 c 231 § 208; 1995 c 265 § 15.]
Legality of purchasing pools—Federal opinion requested—2006 c
100: See note following RCW 48.20.028.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.44.023
48.44.023 Health plan benefits for small employers—
Coverage—Exemption from statutory requirements—
Premium rates—Requirements for providing coverage
for small employers. (1)(a) A health care services contractor offering any health benefit plan to a small employer,
either directly or through an association or member-governed
group formed specifically for the purpose of purchasing
health care, may offer and actively market to the small
employer a health benefit plan featuring a limited schedule of
covered health care services. Nothing in this subsection shall
preclude a contractor from offering, or a small employer from
purchasing, other health benefit plans that may have more
comprehensive benefits than those included in the product
offered under this subsection. A contractor offering a health
benefit plan under this subsection shall clearly disclose all
covered benefits to the small employer in a brochure filed
with the commissioner.
(b) A health benefit plan offered under this subsection
shall provide coverage for hospital expenses and services
rendered by a physician licensed under chapter 18.57 or
18.71 RCW but is not subject to the requirements of RCW
48.44.225, 48.44.240, 48.44.245, 48.44.290, 48.44.300,
48.44.310, 48.44.320, 48.44.325, 48.44.330, 48.44.335,
48.44.344, 48.44.360, 48.44.400, 48.44.440, 48.44.450, and
48.44.460.
(2) Nothing in this section shall prohibit a health care
service contractor from offering, or a purchaser from seeking,
health benefit plans with benefits in excess of the health benefit plan offered under subsection (1) of this section. All
forms, policies, and contracts shall be submitted for approval
to the commissioner, and the rates of any plan offered under
this section shall be reasonable in relation to the benefits
thereto.
(2008 Ed.)
48.44.023
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The contractor shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The contractor shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be subject
to the requirements of this subsection (3).
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. A carrier may develop its rates based on
claims costs due to network provider reimbursement schedules or type of network. This subsection does not restrict or
enhance the portability of benefits as provided in RCW
48.43.015.
(i) Adjusted community rates established under this section shall pool the medical experience of all groups purchasing coverage, including the small group participants in the
h e a l th i n su r a n c e p a r tn e r s h ip e st ab li s h e d in RC W
70.47A.030. However, annual rate adjustments for each
small group health benefit plan may vary by up to plus or
minus four percentage points from the overall adjustment of
a carrier’s entire small group pool, such overall adjustment to
be approved by the commissioner, upon a showing by the
carrier, certified by a member of the American academy of
[Title 48 RCW—page 345]
48.44.024
Title 48 RCW: Insurance
actuaries that: (i) The variation is a result of deductible leverage, benefit design, or provider network characteristics; and
(ii) for a rate renewal period, the projected weighted average
of all small group benefit plans will have a revenue neutral
effect on the carrier’s small group pool. Variations of greater
than four percentage points are subject to review by the commissioner, and must be approved or denied within sixty days
of submittal. A variation that is not denied within sixty days
shall be deemed approved. The commissioner must provide
to the carrier a detailed actuarial justification for any denial
within thirty days of the denial.
(j) For health benefit plans purchased through the health
insurance partnership established in chapter 70.47A RCW:
(i) Any surcharge established pursuant to RCW
70.47A.030(2)(e) shall be applied only to health benefit plans
purchased through the health insurance partnership; and
(ii) Risk adjustment or reinsurance mechanisms may be
used by the health insurance partnership program to redistribute funds to carriers participating in the health insurance partnership based on differences in risk attributable to individual
choice of health plans or other factors unique to health insurance partnership participation. Use of such mechanisms shall
be limited to the partnership program and will not affect
small group health plans offered outside the partnership.
(4) Nothing in this section shall restrict the right of
employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by a contractor in determining whether to provide
coverage to a small employer shall be applied uniformly
among all small employers applying for coverage or receiving coverage from the carrier.
(b) A contractor shall not require a minimum participation level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements
with respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage of
participation is met.
(d) A contractor may not increase any requirement for
minimum employee participation or modify any requirement
for minimum employer contribution applicable to a small
employer at any time after the small employer has been
accepted for coverage.
(e) Minimum participation requirements and employer
premium contribution requirements adopted by the health
insurance partnership board under RCW 70.47A.110 shall
apply only to the employers and employees who purchase
health benefit plans through the health insurance partnership.
(6) A contractor must offer coverage to all eligible
employees of a small employer and their dependents. A contractor may not offer coverage to only certain individuals or
dependents in a small employer group or to only part of the
group. A contractor may not modify a health plan with
respect to a small employer or any eligible employee or
dependent, through riders, endorsements or otherwise, to
restrict or exclude coverage or benefits for specific diseases,
[Title 48 RCW—page 346]
medical conditions, or services otherwise covered by the
plan. [2008 c 143 § 7; 2007 c 260 § 8; 2004 c 244 § 7; 1995
c 265 § 16; 1990 c 187 § 3.]
Application—2004 c 244: See note following RCW 48.21.045.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
Finding—Intent—Severability—1990 c 187: See notes following
RCW 48.21.045.
48.44.024 Requirements for plans offered to small
employers—Definitions. (1) A health care service contractor may not offer any health benefit plan to any small
employer without complying with RCW 48.44.023(3).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care are not
small employers and the plans are not subject to RCW
48.44.023(3).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [2003 c 248 § 15; 1995 c 265 §
23.]
48.44.024
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.44.026 Payment for certain health care services.
Checks in payment for claims pursuant to any health care service contract for health care services provided by persons
licensed or regulated under chapters 18.25, 18.29, 18.30,
18.32, 18.53, 18.57, 18.64, 18.71, 18.73, 18.74, 18.83, or
18.79 RCW, as it applies to registered nurses and advanced
registered nurse practitioners, where the provider is not a participating provider under a contract with the health care service contractor, shall be made out to both the provider and the
enrolled participant with the provider as the first named
payee, jointly, to require endorsement by each: PROVIDED,
That payment shall be made in the single name of the
enrolled participant if the enrolled participant as part of his or
her claim furnishes evidence of prepayment to the health care
service provider: AND PROVIDED FURTHER, That nothing in this section shall preclude a health care service contractor from voluntarily issuing payment in the single name of the
provider. [1999 c 130 § 1; 1994 sp.s. c 9 § 732; 1990 c 120 §
6; 1989 c 122 § 1; 1984 c 283 § 1; 1982 c 168 § 1.]
48.44.026
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.44.030 Underwriting of indemnity by insurance
policy, bond, securities, or cash deposit. If any of the
health care services which are promised in any such agreement are not to be performed by the health care service contractor, or by a participating provider, such activity shall not
be subject to the laws relating to insurance, provided provision is made for reimbursement or indemnity of the persons
who have previously paid, or on whose behalf prepayment
has been made, for such services. Such reimbursement or
indemnity shall either be underwritten by an insurance company authorized to write accident, health and disability insurance in the state or guaranteed by a surety company authorized to do business in this state, or guaranteed by a deposit of
cash or securities eligible for investment by insurers pursuant
48.44.030
(2008 Ed.)
Health Care Services
to chapter 48.13 RCW, with the insurance commissioner, as
hereinafter provided. If the reimbursement or indemnity is
underwritten by an insurance company, the contract or policy
of insurance may designate the health care service contractor
as the named insured, but shall be for the benefit of the persons who have previously paid, or on whose behalf prepayment has been made, for such health care services. If the
reimbursement or indemnity is guaranteed by a surety company, the surety bond shall designate the state of Washington
as the named obligee, but shall be for the benefit of the persons who have previously paid, or on whose behalf prepayment has been made, for such health care services, and shall
be in such amount as the insurance commissioner shall direct,
but in no event in a sum greater than the amount of one hundred fifty thousand dollars or the amount necessary to cover
incurred but unpaid reimbursement or indemnity benefits as
reported in the last annual statement filed with the insurance
commissioner, and adjusted to reflect known or anticipated
increases or decreases during the ensuing year, plus an
amount of unearned prepayments applicable to reimbursement or indemnity benefits satisfactory to the insurance commissioner, whichever amount is greater. A copy of such
insurance policy or surety bond, as the case may be, and any
modification thereof, shall be filed with the insurance commissioner. If the reimbursement or indemnity is guaranteed
by a deposit of cash or securities, such deposit shall be in
such amount as the insurance commissioner shall direct, but
in no event in a sum greater than the amount of one hundred
fifty thousand dollars or the amount necessary to cover
incurred but unpaid reimbursement or indemnity benefits as
reported in the last annual statement filed with the insurance
commissioner, and adjusted to reflect known or anticipated
increases or decreases during the ensuing year, plus an
amount of unearned prepayments applicable to reimbursement or indemnity benefits satisfactory to the insurance commissioner, whichever amount is greater. Such cash or security deposit shall be held in trust by the insurance commissioner and shall be for the benefit of the persons who have
previously paid, or on whose behalf prepayment has been
made, for such health care services. [1990 c 120 § 7; 1986 c
223 § 3; 1981 c 339 § 22; 1969 c 115 § 2; 1961 c 197 § 3;
1947 c 268 § 3; Rem. Supp. 1947 § 6131-12.]
48.44.033 Financial failure—Supervision of commissioner—Priority of distribution of assets. (1) Any rehabilitation, liquidation, or conservation of a health care service
contractor shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be
conducted under the supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or
conservation of insurance companies. The commissioner
may apply for an order directing the commissioner to rehabilitate, liquidate, or conserve a health care service contractor
upon any one or more grounds set out in RCW 48.31.030,
48.31.050, and 48.31.080.
(2) For purpose of determining the priority of distribution of general assets, claims of enrolled participants and
enrolled participants’ beneficiaries shall have the same priority as established by RCW 48.31.280 for policyholders and
beneficiaries of insureds of insurance companies. If an
enrolled participant is liable to any provider for services pro48.44.033
(2008 Ed.)
48.44.035
vided pursuant to and covered by the health care plan, that
liability shall have the status of an enrolled participant claim
for distribution of general assets.
(3) Any provider who is obligated by statute or agreement to hold enrolled participants harmless from liability for
services provided pursuant to and covered by a health care
plan shall have a priority of distribution of the general assets
immediately following that of enrolled participants and
enrolled participants’ beneficiaries as described herein, and
immediately preceding the priority of distribution described
in chapter 48.31 RCW. [1990 c 120 § 2.]
48.44.035 Limited health care service—Uncovered
expenditures—Minimum net worth requirements. (1)
For purposes of this section only, "limited health care service" means dental care services, vision care services, mental
health services, chemical dependency services, pharmaceutical services, podiatric care services, and such other services
as may be determined by the commissioner to be limited
health services, but does not include hospital, medical, surgical, emergency, or out-of-area services except as those services are provided incidentally to the limited health services
set forth in this subsection.
(2) For purposes of this section only, a "limited health
care service contractor" means a health care service contractor that offers one and only one limited health care service.
(3) Except as provided in subsection (4) of this section,
every limited health care service contractor must have and
maintain a minimum net worth of three hundred thousand
dollars.
(4) A limited health care service contractor registered
before July 27, 1997, that, on July 27, 1997, has a minimum
net worth equal to or greater than that required by subsection
(3) of this section must continue to have and maintain the
minimum net worth required by subsection (3) of this section.
A limited health care service contractor registered before July
27, 1997, that, on July 27, 1997, does not have the minimum
net worth required by subsection (3) of this section must have
and maintain a minimum net worth of:
(a) Thirty-five percent of the amount required by subsection (3) of this section by December 31, 1997;
(b) Seventy percent of the amount required by subsection
(3) of this section by December 31, 1998; and
(c) One hundred percent of the amount required by subsection (3) of this section by December 31, 1999.
(5) For all limited health care service contractors that
have had a certificate of registration for less than three years,
their uncovered expenditures shall be either insured or guaranteed by a foreign or domestic carrier admitted in the state
of Washington or by another carrier acceptable to the commissioner. All such contractors shall also deposit with the
commissioner one-half of one percent of their projected premium for the next year in cash, approved surety bond, securities, or other form acceptable to the commissioner.
(6) For all limited health care service contractors that
have had a certificate of registration for three years or more,
their uncovered expenditures shall be assured by depositing
with the insurance commissioner twenty-five percent of their
last year’s uncovered expenditures as reported to the commissioner and adjusted to reflect any anticipated increases or
decreases during the ensuing year plus an amount for
48.44.035
[Title 48 RCW—page 347]
48.44.037
Title 48 RCW: Insurance
unearned prepayments; in cash, approved surety bond, securities, or other form acceptable to the commissioner. Compliance with subsection (5) of this section shall also constitute
compliance with this requirement.
(7) Limited health service contractors need not comply
with RCW 48.44.030 or 48.44.037. [1997 c 212 § 1; 1990 c
120 § 3.]
48.44.037 Minimum net worth—Requirement to
maintain—Determination of amount. (1) Except as provided in subsection (2) of this section, every health care service contractor must have and maintain a minimum net worth
equal to the greater of:
(a) Three million dollars; or
(b) Two percent of the annual premium earned, as
reported on the most recent annual financial statement filed
with the commissioner, on the first one hundred fifty million
dollars of premium and one percent of the annual premium on
the premium in excess of one hundred fifty million dollars.
(2) A health care service contractor registered before
July 27, 1997, that, on July 27, 1997, has a minimum net
worth equal to or greater than that required by subsection (1)
of this section must continue to have and maintain the minimum net worth required by subsection (1) of this section. A
health care service contractor registered before July 27, 1997,
that, on July 27, 1997, does not have the minimum net worth
required by subsection (1) of this section must have and
maintain a minimum net worth of:
(a) The amount required immediately prior to July 27,
1997, until December 31, 1997;
(b) Fifty percent of the amount required by subsection
(1) of this section by December 31, 1997;
(c) Seventy-five percent of the amount required by subsection (1) of this section by December 31, 1998; and
(d) One hundred percent of the amount required by subsection (1) of this section by December 31, 1999.
(3)(a) In determining net worth, no debt shall be considered fully subordinated unless the subordination is in a form
acceptable to the commissioner. An interest obligation relating to the repayment of a subordinated debt must be similarly
subordinated.
(b) The interest expenses relating to the repayment of a
fully subordinated debt shall not be considered uncovered
expenditures.
(c) A subordinated debt incurred by a note meeting the
requirement of this section, and otherwise acceptable to the
commissioner, shall not be considered a liability and shall be
recorded as equity.
(4) Every health care service contractor shall, when
determining liabilities, include an amount estimated in the
aggregate to provide for any unearned premium and for the
payment of all claims for health care expenditures which
have been incurred, whether reported or unreported, which
are unpaid and for which the organization is or may be liable,
and to provide for the expense of adjustment or settlement of
the claims.
Liabilities shall be computed in accordance with regulations adopted by the commissioner upon reasonable consideration of the ascertained experience and character of the health
care service contractor.
48.44.037
[Title 48 RCW—page 348]
(5) All income from reserves on deposit with the commissioner shall belong to the depositing health care service
contractor and shall be paid to it as it becomes available.
(6) Any funded reserve required by this chapter shall be
considered an asset of the health care service contractor in
determining the organization’s net worth.
(7) A health care service contractor that has made a securities deposit with the commissioner may, at its option, withdraw the securities deposit or any part thereof after first having deposited or provided in lieu thereof an approved surety
bond, a deposit of cash or securities, or any combination of
these or other deposits of equal amount and value to that
withdrawn. Any securities and surety bond shall be subject to
approval by the commissioner before being substituted.
[1997 c 212 § 2; 1990 c 120 § 4.]
48.44.039 Minimum net worth—Domestic or foreign
health care service contractor. (1) For purposes of this section:
(a) "Domestic health care service contractor" means a
health care service contractor formed under the laws of this
state; and
(b) "Foreign health care service contractor" means a
health care service contractor formed under the laws of the
United States, of a state or territory of the United States other
than this state, or of the District of Columbia.
(2) If the minimum net worth of a domestic health care
service contractor falls below the minimum net worth
required by this chapter, the commissioner shall at once
ascertain the amount of the deficiency and serve notice upon
the domestic health care service contractor to cure the deficiency within ninety days after that service of notice.
(3) If the deficiency is not cured, and proof thereof filed
with the commissioner within the ninety-day period, the
domestic health care service contractor shall be declared
insolvent and shall be proceeded against as authorized by this
code, or the commissioner shall, consistent with chapters
48.04 and 34.05 RCW, suspend or revoke the registration of
the domestic health care service contractor as being hazardous to its subscribers and the people in this state.
(4) If the deficiency is not cured the domestic health care
service contractor shall not issue or deliver any individual or
group contract after the expiration of the ninety-day period.
(5) If the minimum net worth of a foreign health care service contractor falls below the minimum net worth required
by this chapter, the commissioner shall, consistent with chapters 48.04 and 34.05 RCW, suspend or revoke the foreign
health care service contractor’s registration as being hazardous to its subscribers or the people in this state. [1997 c 212
§ 3.]
48.44.039
48.44.040 Registration with commissioner—Fee.
Every health care service contractor who or which enters into
agreements which require prepayment for health care services shall register with the insurance commissioner on forms
to be prescribed and provided by him. Such registrants shall
state their name, address, type of organization, area of operation, type or types of health care services provided, and such
other information as may reasonably be required by the insurance commissioner and shall file with such registration a
48.44.040
(2008 Ed.)
Health Care Services
copy of all contracts being offered and a schedule of all rates
charged. No registrant shall change any rates, modify any
contract, or offer any new contract, until he has filed a copy
of the changed rate schedule, modified contract, or new contract with the insurance commissioner. The insurance commissioner shall charge a fee of ten dollars for the filing of
each original registration statement and may require each
registrant to file a current reregistration statement annually
thereafter. [1947 c 268 § 4; Rem. Supp. 1947 § 6131-13.]
48.44.050 Rules and regulations. The insurance commissioner shall make reasonable regulations in aid of the
administration of this chapter which may include, but shall
not be limited to regulations concerning the maintenance of
adequate insurance, bonds, or cash deposits, information
required of registrants, and methods of expediting speedy and
fair payments to claimants. [1947 c 268 § 5; Rem. Supp.
1947 § 6131-14.]
48.44.050
48.44.055 Plan for handling insolvency—Commissioner’s review. Each health care service contractor shall
have a plan for handling insolvency that allows for continuation of benefits for the duration of the contract period for
which premiums have been paid and continuation of benefits
to members who are confined on the date of insolvency in an
inpatient facility until their discharge or expiration of benefits. The commissioner shall approve such a plan if it
includes:
(1) Insurance to cover the expenses to be paid for continued benefits after insolvency;
(2) Provisions in provider contracts that obligate the provider to provide services for the duration of the period after
the health care service contractor’s insolvency for which premium payment has been made and until the enrolled participants are discharged from inpatient facilities;
(3) Use of insolvency reserves established under RCW
48.44.030;
(4) Acceptable letters of credit or approved surety bonds;
or
(5) Any other arrangements the commissioner and the
organization mutually agree are appropriate to assure that the
benefits are continued. [1990 c 120 § 11.]
48.44.055
48.44.057 Insolvency—Commissioner’s duties—Participants’ options—Allocation of coverage. (1)(a) In the
event of insolvency of a health services contractor or health
maintenance organization and upon order of the commissioner, all other carriers then having active enrolled participants under a group plan with the affected agreement holder
that participated in the enrollment process with the insolvent
health services contractor or health maintenance organization
at a group’s last regular enrollment period shall offer the eligible enrolled participants of the insolvent health services
contractor or health maintenance organization the opportunity to enroll in an existing group plan without medical
underwriting during a thirty-day open enrollment period,
commencing on the date of the insolvency. Eligible enrolled
participants shall not be subject to preexisting condition limitations except to the extent that a waiting period for a preexisting condition has not been satisfied under the insolvent
48.44.057
(2008 Ed.)
48.44.057
carrier’s group plan. An open enrollment shall not be
required where the agreement holder participates in a selfinsured, self-funded, or other health plan exempt from commissioner rule, unless the plan administrator and agreement
holder voluntarily agree to offer a simultaneous open enrollment and extend coverage under the same enrollment terms
and conditions as are applicable to carriers under this title and
rules adopted under this title. If an exempt plan was offered
during the last regular open enrollment period, then the carrier may offer the agreement holder the same coverage as any
self-insured plan or plans offered by the agreement holder
without regard to coverage, benefit, or provider requirements
mandated by this title for the duration of the current agreement period.
(b) For purposes of this subsection only, the term "carrier" means a health maintenance organization or a health
care services contractor. In the event of insolvency of a carrier and if no other carrier has active enrolled participants
under a group plan with the affected agreement holder, or if
the commissioner determines that the other carriers lack sufficient health care delivery resources to assure that health services will be available or accessible to all of the group enrollees of the insolvent carrier, then the commissioner shall allocate equitably the insolvent carrier’s group agreements for
these groups among all carriers that operate within a portion
of the insolvent carrier’s area, taking into consideration the
health care delivery resources of each carrier. Each carrier to
which a group or groups are allocated shall offer the agreement holder, without medical underwriting, the carrier’s
existing coverage that is most similar to each group’s coverage with the insolvent carrier at rates determined in accordance with the successor carrier’s existing rating methodology. The eligible enrolled participants shall not be subject to
preexisting condition limitations except to the extent that a
waiting period for a preexisting condition has not been satisfied under the insolvent carrier’s group plan. No offering by
a carrier shall be required where the agreement holder participates in a self-insured, self-funded, or other health plan
exempt from commissioner rule. The carrier may offer the
agreement holder the same coverage as any self-insured plan
or plans offered by the agreement holder without regard to
coverage, benefit, or provider requirements mandated by this
title for the duration of the current agreement period.
(2) The commissioner shall also allocate equitably the
insolvent carrier’s nongroup enrolled participants who are
unable to obtain coverage among all carriers that operate
within a portion of the insolvent carrier’s service area, taking
into consideration the health care delivery resources of the
carrier. Each carrier to which nongroup enrolled participants
are allocated shall offer the nongroup enrolled participants
the carrier’s existing comprehensive conversion plan, without additional medical underwriting, at rates determined in
accordance with the successor carrier’s existing rating methodology. The eligible enrolled participants shall not be subject to preexisting condition limitations except to the extent
that a waiting period for a preexisting condition has not been
satisfied under the insolvent carrier’s plan.
(3) Any agreements covering participants allocated pursuant to subsections (1)(b) and (2) of this section to carriers
pursuant to this section may be rerated after ninety days of
coverage.
[Title 48 RCW—page 349]
48.44.060
Title 48 RCW: Insurance
(4) A limited health care service contractor shall not be
required to offer services other than its one limited health
care service to any enrolled participant of an insolvent carrier. [1990 c 120 § 8.]
48.44.060 Penalty. Except as otherwise provided in this
chapter, any person who violates any of the provisions of this
chapter is guilty of a gross misdemeanor. [2003 c 250 § 9;
1947 c 268 § 6; Rem. Supp. 1947 § 6131-15.]
48.44.060
Severability—2003 c 250: See note following RCW 48.01.080.
48.44.070 Contracts to be filed with commissioner.
(1) Forms of contracts between health care service contractors and participating providers shall be filed with the insurance commissioner prior to use.
(2) Any contract form not affirmatively disapproved
within fifteen days of filing shall be deemed approved, except
that the commissioner may extend the approval period an
additional fifteen days upon giving notice before the expiration of the initial fifteen-day period. The commissioner may
approve such a contract form for immediate use at any time.
Approval may be subsequently withdrawn for cause.
(3) Subject to the right of the health care service contractor to demand and receive a hearing under chapters 48.04 and
34.05 RCW, the commissioner may disapprove such a contract form if it is in any respect in violation of this chapter or
if it fails to conform to minimum provisions or standards
required by the commissioner by rule under chapter 34.05
RCW. [1990 c 120 § 9; 1965 c 87 § 2; 1961 c 197 § 4.]
48.44.070
48.44.080 Master lists of contractor’s participating
providers—Filing with commissioner—Notice of termination or participation. Every health care service contractor shall file with its annual statement with the insurance
commissioner a master list of the participating providers with
whom or with which such health care service contractor has
executed contracts of participation, certifying that each such
participating provider has executed such contract of participation. The health care service contractor shall on the first
day of each month notify the insurance commissioner in writing in case of the termination of any such contract, and of any
participating provider who has entered into a participating
contract during the preceding month. [1990 c 120 § 10; 1986
c 223 § 4; 1965 c 87 § 3; 1961 c 197 § 5.]
48.44.080
48.44.090 Refusal to register corporate, etc., contractor if name confusing with existing contractor or insurance company. The insurance commissioner shall refuse to
accept the registration of any corporation, cooperative group,
or association seeking to act as a health care service contractor if, in his discretion, the insurance commissioner deems
that the name of the corporation, cooperative group, or association would be confused with the name of an existing registered health care service contractor or authorized insurance
company. [1961 c 197 § 6.]
48.44.090
48.44.095 Annual financial statement—Filings—
Contents—Fee—Penalty for failure to file. (1) Every
domestic health care service contractor shall annually, on or
before the first day of March, file with the commissioner a
48.44.095
[Title 48 RCW—page 350]
statement verified by at least two of the principal officers of
the health care service contractor showing its financial condition as of the last day of the preceding calendar year. The
statement shall be in such form as is furnished or prescribed
by the commissioner. The commissioner may for good reason allow a reasonable extension of the time within which
such annual statement shall be filed.
(2) In addition to the requirements of subsection (1) of
this section, every health care service contractor that is registered in this state shall annually, on or before March 1st of
each year, file with the national association of insurance commissioners a copy of its annual statement, along with those
additional schedules as prescribed by the commissioner for
the preceding year. The information filed with the national
association of insurance commissioners shall be in the same
format and scope as that required by the commissioner and
shall include the signed jurate page and the actuarial certification. Any amendments and addendums to the annual statement filing subsequently filed with the commissioner shall
also be filed with the national association of insurance commissioners.
(3) Coincident with the filing of its annual statement and
other schedules, each health care service contractor shall pay
a reasonable fee directly to the national association of insurance commissioners in an amount approved by the commissioner to cover the costs associated with the analysis of the
annual statement.
(4) Foreign health care service contractors that are domiciled in a state that has a law substantially similar to subsection (2) of this section are considered to be in compliance
with this section.
(5) In the absence of actual malice, members of the
national association of insurance commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, national association of insurance commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual statement shall be acting as agents of the commissioner under the
authority of this section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of
their collection, review, analysis, or dissimilation of the data
and information collected for the filings required under this
section.
(6) The commissioner may suspend or revoke the certificate of registration of any health care service contractor failing to file its annual statement or pay the fees when due or
during any extension of time therefor which the commissioner, for good cause, may grant. [2006 c 25 § 8; 1997 c 212
§ 4; 1993 c 492 § 295; 1983 c 202 § 3; 1969 c 115 § 5.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.44.100 Filing inaccurate financial statement prohibited. No person shall knowingly file with any public official or knowingly make, publish, or disseminate any financial
statement of a health care service contractor which does not
accurately state the health care service contractor’s financial
condition. [1961 c 197 § 7.]
48.44.100
(2008 Ed.)
Health Care Services
48.44.110 False representation, advertising. No person shall knowingly make, publish, or disseminate any false,
deceptive, or misleading representation or advertising in the
conduct of the business of a health care service contractor, or
relative to the business of a health care service contractor or
to any person engaged therein. [1961 c 197 § 8.]
48.44.110
48.44.120 Misrepresentations of contract terms, benefits, etc. No person shall knowingly make, issue, or circulate, or cause to be made, issued, or circulated, a misrepresentation of the terms of any contract, or the benefits or advantages promised thereby, or use the name or title of any
contract or class of contract misrepresenting the nature
thereof. [1961 c 197 § 9.]
48.44.120
48.44.160
applicant by the regulatory official in its state of domicile.
[1986 c 296 § 8; 1983 c 63 § 1; 1969 c 115 § 12.]
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
48.44.150 Certificate of registration not an endorsement—Display in solicitation prohibited. The granting of
a certificate of registration to a health care service contractor
is permissive only, and shall not constitute an endorsement
by the insurance commissioner of any person or thing related
to the health care service contractor, and no person shall
advertise or display a certificate of registration for use as an
inducement in any solicitation. [1961 c 197 § 12.]
48.44.150
48.44.160 Revocation, suspension, refusal of registration—Hearing—Cease and desist orders, injunctive
action—Grounds. The insurance commissioner may, subject to a hearing if one is demanded pursuant to chapters
48.04 and 34.05 RCW, revoke, suspend, or refuse to accept
or renew registration from any health care service contractor,
or he may issue a cease and desist order, or bring an action in
any court of competent jurisdiction to enjoin a health care
service contractor from doing further business in this state, if
such health care service contractor:
(1) Fails to comply with any provision of chapter 48.44
RCW or any proper order or regulation of the commissioner.
(2) Is found by the commissioner to be in such financial
condition that its further transaction of business in this state
would jeopardize the payment of claims and refunds to subscribers.
(3) Has refused to remove or discharge a director or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude, after written request by
the commissioner for such removal, and expiration of a reasonable time therefor as specified in such request.
(4) Usually compels claimants under contracts either to
accept less than the amount due them or to bring suit against
it to secure full payment of the amount due.
(5) Is affiliated with and under the same general management, or interlocking directorate, or ownership as another
health care contractor which operates in this state without
having registered therefor, except as is permitted by this
chapter.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination
or to produce its accounts, records, and files for examination
by the commissioner when required, or refuse to perform any
legal obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any contract, bond, recognizance, or undertaking issued or guaranteed by it, within thirty days after the
judgment became final or within thirty days after time for
taking an appeal has expired, or within thirty days after dismissal of an appeal before final determination, whichever
date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons, whether by its directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking
in health care contracting or related managerial experience as
to make the operation hazardous to the subscribing public; or
48.44.160
48.44.130 Future dividends or refunds—When permissible. No health care service contractor nor any individual acting on behalf thereof shall guarantee or agree to the
payment of future dividends or future refunds of unused
charges or savings in any specific or approximate amounts or
percentages in respect to any contract being offered to the
public, except in a group contract containing an experience
refund provision. [1961 c 197 § 10.]
48.44.130
48.44.140 Misleading comparisons to terminate or
retain contract. No health care service contractor nor any
person representing a health care service contractor shall by
misrepresentation or misleading comparisons induce or
attempt to induce any member of any health care service contractor to terminate or retain a contract or membership. [1961
c 197 § 11.]
48.44.140
48.44.145 Examination of contractors—Duties of
contractor, powers of commissioner—Independent audit
reports. (1) The commissioner may make an examination of
the operations of any health care service contractor as often
as he deems necessary in order to carry out the purposes of
this chapter.
(2) Every health care service contractor shall submit its
books and records relating to its operation for financial condition and market conduct examinations and in every way
facilitate them. For the purpose of examinations, the commissioner may issue subpoenas, administer oaths, and examine
the officers and principals of the health care service contractor.
(3) The commissioner may elect to accept and rely on
audit reports made by an independent certified public
accountant for the health care service contractor in the course
of that part of the commissioner’s examination covering the
same general subject matter as the audit. The commissioner
may incorporate the audit report in his report of the examination.
(4) Whenever any health care service contractor applies
for initial admission, the commissioner may make, or cause
to be made, an examination of the applicant’s business and
affairs. Whenever such an examination is made, all of the
provisions of chapter 48.03 RCW not inconsistent with this
chapter shall be applicable. In lieu of making an examination
himself the commissioner may, in the case of a foreign health
care service contractor, accept an examination report of the
48.44.145
(2008 Ed.)
[Title 48 RCW—page 351]
48.44.164
Title 48 RCW: Insurance
that there is good reason to believe it is affiliated directly or
indirectly through ownership, control, or other business relations, with any person or persons whose business operations
are or have been marked, to the detriment of policyholders or
stockholders, or investors or creditors or subscribers or of the
public, by bad faith or by manipulation of assets, or of
accounts, or of reinsurance. [1988 c 248 § 19; 1973 1st ex.s.
c 65 § 2; 1969 c 115 § 3; 1961 c 197 § 13.]
48.44.164
48.44.164 Notice of suspension, revocation, or refusal
to be given contractor—Authority of agents. (Effective
until July 1, 2009.) Upon the suspension, revocation or
refusal of a health care service contractor’s registration, the
commissioner shall give notice thereof to such contractor and
shall likewise suspend, revoke or refuse the authority of its
agents to represent it in this state and give notice thereof to
the agents. [1969 c 115 § 10.]
48.44.164
48.44.164 Notice of suspension, revocation, or refusal
to be given contractor—Authority of insurance producers. (Effective July 1, 2009.) Upon the suspension, revocation or refusal of a health care service contractor’s registration, the commissioner shall give notice thereof to such contractor and shall likewise suspend, revoke, or refuse the
authority of its appointed insurance producers to represent it
in this state and give notice thereof to the appointed insurance
producers. [2008 c 217 § 52; 1969 c 115 § 10.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.44.166
48.44.166 Fine in addition to or in lieu of suspension,
revocation, or refusal. After hearing or upon stipulation by
the registrant and in addition to or in lieu of the suspension,
revocation or refusal to renew any registration of a health
care service contractor the commissioner may levy a fine
against the party involved for each offense in an amount not
less than fifty dollars and not more than ten thousand dollars.
The order levying such fine shall specify the period within
which the fine shall be fully paid and which period shall not
be less than fifteen nor more than thirty days from the date of
such order. Upon failure to pay any such fine when due the
commissioner shall revoke the registration of the registrant, if
not already revoked, and the fine shall be recovered in a civil
action brought in behalf of the commissioner by the attorney
general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general
fund. [1983 c 202 § 4; 1969 c 115 § 11.]
48.44.200 Individual health care service plan contracts—Coverage of dependent child not to terminate
because of developmental disability or physical handicap.
An individual health care service plan contract, delivered or
issued for delivery in this state more than one hundred twenty
days after August 11, 1969, which provides that coverage of
a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the contract shall
also provide in substance that attainment of such limiting age
shall not operate to terminate the coverage of such child
while the child is and continues to be both (1) incapable of
self-sustaining employment by reason of developmental disability or physical handicap and (2) chiefly dependent upon
the subscriber for support and maintenance, provided proof
of such incapacity and dependency is furnished to the health
care service plan corporation by the subscriber within thirtyone days of the child’s attainment of the limiting age and subsequently as may be required by the corporation but not more
frequently than annually after the two year period following
the child’s attainment of the limiting age. [1977 ex.s. c 80 §
33; 1969 ex.s. c 128 § 1.]
48.44.200
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
48.44.210 Group health care service plan contracts—
Coverage of dependent child not to terminate because of
developmental disability or physical handicap. A group
health care service plan contract, delivered or issued for
delivery in this state more than one hundred twenty days after
August 11, 1969, which provides that coverage of a dependent child of an employee or other member of the covered
group shall terminate upon attainment of the limiting age for
dependent children specified in the contract shall also provide in substance that attainment of such limiting age shall
not operate to terminate the coverage of such child while the
child is and continues to be both (1) incapable of self-sustaining employment by reason of developmental disability or
physical handicap and (2) chiefly dependent upon the
employee or member for support and maintenance, provided
proof of such incapacity and dependency is furnished to the
health care service plan corporation by the employee or member within thirty-one days of the child’s attainment of the limiting age and subsequently as may be required by the corporation, but not more frequently than annually after the two
year period following the child’s attainment of the limiting
age. [1977 ex.s. c 80 § 34; 1969 ex.s. c 128 § 2.]
48.44.210
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
48.44.212 Coverage of dependent children to include
newborn infants and congenital anomalies from moment
of birth—Notification period. (1) Any health care service
plan contract under this chapter delivered or issued for delivery in this state more than one hundred twenty days after February 16, 1974, which provides coverage for dependent children of the insured or covered group member, shall provide
coverage for newborn infants of the insured or covered group
member from and after the moment of birth. Coverage provided in accord with this section shall include, but not be limited to, coverage for congenital anomalies of such infant children from the moment of birth.
48.44.212
48.44.170
48.44.170 Hearings and appeals. For the purposes of
this chapter, the insurance commissioner shall be subject to
and may avail himself of the provisions of chapter 48.04
RCW, which relate to hearings and appeals. [1961 c 197 §
14.]
48.44.180
48.44.180 Enforcement. For the purposes of this chapter, the insurance commissioner shall have the same powers
and duties of enforcement as are provided in RCW
48.02.080. [1961 c 197 § 15.]
[Title 48 RCW—page 352]
(2008 Ed.)
Health Care Services
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of the
required premium must be furnished to the contractor. The
notification period shall be no less than sixty days from the
date of birth. This subsection applies to policies issued or
renewed on or after January 1, 1984. [1984 c 4 § 1; 1983 c
202 § 5; 1974 ex.s. c 139 § 3.]
48.44.215 Option to cover dependents under age
twenty-five. (Effective January 1, 2009.) (1) Any individual health care service plan contract that provides coverage
for a subscriber’s dependent must offer the option of covering any unmarried dependent under the age of twenty-five.
(2) Any group health care service plan contract that provides coverage for a participating member’s dependent must
offer each participating member the option of covering any
unmarried dependent under the age of twenty-five. [2007 c
259 § 21.]
48.44.245
vice contractor shall refund promptly any fee paid for such
contract. Upon such return of the contract it shall be void
from the beginning and the parties shall be in the same position as if no policy had been issued. Notice of the substance
of this section shall be printed on the face of each such contract or be attached thereto. An additional ten percent penalty
shall be added to any premium refund due which is not paid
within thirty days of return of the policy to the insurer or
agent. [1983 1st ex.s. c 32 § 11; 1973 1st ex.s. c 65 § 4.]
48.44.215
Effective date—2007 c 259 §§ 18-22: See note following RCW
41.05.095.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.44.220 Discrimination prohibited. No health care
service contractor shall deny coverage to any person solely
on account of race, religion, national origin, or the presence
of any sensory, mental, or physical handicap. Nothing in this
section shall be construed as limiting a health care service
contractor’s authority to deny or otherwise limit coverage to
a person when the person because of a medical condition
does not meet the essential eligibility requirements established by the health care service contractor for purposes of
determining coverage for any person.
No health care service contractor shall refuse to provide
reimbursement or indemnity to any person for covered health
care services for reasons that the health care services were
provided by a holder of a license under chapter 18.22 RCW.
[1983 c 154 § 4; 1979 c 127 § 1; 1969 c 115 § 4.]
48.44.220
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.225 Podiatric physicians and surgeons not
excluded. A health care service contractor which provides
foot care services shall not exclude any individual doctor
who is licensed to perform podiatric health care services from
being a participant for reason that the doctor is licensed under
chapter 18.22 RCW. Rejections of requests by doctors to be
participants must be in writing stating the cause for the rejection. [1983 c 154 § 5.]
48.44.225
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.230 Individual health service plan contract—
Return within ten days of delivery—Refunds—Void from
beginning—Notice required. (Effective until July 1,
2009.) Every subscriber of an individual health care service
plan contract issued after September 1, 1973, may return the
contract to the health care service contractor or the agent
through whom it was purchased within ten days of its delivery to the subscriber if, after examination of the contract, he
is not satisfied with it for any reason, and the health care ser-
48.44.230 Individual health service plan contract—
Return within ten days of delivery—Refunds—Void from
beginning—Notice required. (Effective July 1, 2009.)
Every subscriber of an individual health care service plan
contract issued after September 1, 1973, may return the contract to the health care service contractor or the insurance producer through whom it was purchased within ten days of its
delivery to the subscriber if, after examination of the contract, he or she is not satisfied with it for any reason, and the
health care service contractor shall refund promptly any fee
paid for such contract. Upon such return of the contract it
shall be void from the beginning and the parties shall be in the
same position as if no policy had been issued. Notice of the
substance of this section shall be printed on the face of each
such contract or be attached thereto. An additional ten percent penalty shall be added to any premium refund due which
is not paid within thirty days of return of the policy to the
insurer or insurance producer. [2008 c 217 § 53; 1983 1st
ex.s. c 32 § 11; 1973 1st ex.s. c 65 § 4.]
48.44.230
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.44.240 Chemical dependency benefits—Provisions of group contracts delivered or renewed after January 1, 1988. Each group contract for health care services that
is delivered or issued for delivery or renewed, on or after January 1, 1988, must contain provisions providing benefits for
the treatment of chemical dependency rendered to covered
persons by a provider that is an "approved treatment program" under RCW 70.96A.020(3). [2005 c 223 § 25; 1990
1st ex.s. c 3 § 12; 1987 c 458 § 16; 1975 1st ex.s. c 266 § 14;
1974 ex.s. c 119 § 4.]
48.44.240
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
Legislative declaration—1974 ex.s. c 119: See RCW 48.21.160.
Chemical dependency benefits, rules: RCW 48.21.197.
48.44.241 Chemical dependency benefits—RCW
48.21.160 through 48.21.190, 48.44.240 inapplicable,
when. See RCW 48.21.190.
48.44.241
48.44.230
(2008 Ed.)
48.44.245 "Chemical dependency" defined. For the
purposes of RCW 48.44.240, "chemical dependency" means
an illness characterized by a physiological or psychological
dependency, or both, on a controlled substance regulated
under chapter 69.50 RCW and/or alcoholic beverages. It is
further characterized by a frequent or intense pattern of
pathological use to the extent the user exhibits a loss of selfcontrol over the amount and circumstances of use; develops
48.44.245
[Title 48 RCW—page 353]
48.44.250
Title 48 RCW: Insurance
symptoms of tolerance or physiological and/or psychological
withdrawal if use of the controlled substance or alcoholic
beverage is reduced or discontinued; and the user’s health is
substantially impaired or endangered or his or her social or
economic function is substantially disrupted. [1987 c 458 §
17.]
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
48.44.250 Payment of premium by employee in event
of suspension of compensation due to labor dispute. Any
employee whose compensation includes a health care services contract providing health care services expenses, the
premiums for which are paid in full or in part by an employer
including the state of Washington, its political subdivisions,
or municipal corporations, or paid by payroll deduction, may
pay the premiums as they become due directly to the contract
holder whenever the employee’s compensation is suspended
or terminated directly or indirectly as the result of a strike,
lockout, or other labor dispute, for a period not exceeding six
months and at the rate and coverages as the health care services contract provides. During that period of time such contract may not be altered or changed. Nothing in this section
shall be deemed to impair the right of the health care service
contractor to make normal decreases or increases of the premium rate upon expiration and renewal of the contract, in
accordance with the provisions of the contract. Thereafter, if
such health care services coverage is no longer available,
then the employee shall be given the opportunity to purchase
an individual health care services contract at a rate consistent
with rates filed by the health care service contractor with the
commissioner. When the employee’s compensation is so suspended or terminated, the employee shall be notified immediately by the contract holder in writing, by mail addressed to
the address last of record with the contract holder, that the
employee may pay the premiums to the contract holder as
they become due as provided in this section.
Payment of the premiums must be made when due or the
coverage may be terminated by the health care service contractor.
The provisions of any health care services contract contrary to provisions of this section are void and unenforceable
after May 29, 1975. [1982 c 149 § 1; 1975 1st ex.s. c 117 §
3.]
48.44.250
Severability—1975 1st ex.s. c 117: See note following RCW
48.21.075.
48.44.260 Notice of reason for cancellation, denial, or
refusal to renew contract. Every authorized health care service contractor, upon canceling, denying, or refusing to
renew any individual health care service contract, shall, upon
written request, directly notify in writing the applicant or subscriber, as the case may be, of the reasons for the action by
the health care service contractor. Any benefits, terms, rates,
or conditions of such a contract which are restricted,
excluded, modified, increased, or reduced shall, upon written
request, be set forth in writing and supplied to the subscriber.
The written communications required by this section shall be
phrased in simple language which is readily understandable
to a person of average intelligence, education, and reading
ability. [1993 c 492 § 290; 1979 c 133 § 3.]
48.44.260
[Title 48 RCW—page 354]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.44.270 Immunity from libel or slander. With
respect to health care service contracts as defined in RCW
48.44.260, there shall be no liability on the part of, and no
cause of action of any nature shall arise against, the insurance
commissioner, the commissioner’s agents, or members of the
commissioner’s staff, or against any health care service contractor, its authorized representative, its agents, its employees, furnishing to the health care service contractor information as to reasons for cancellation or refusal to issue or renew,
for libel or slander on the basis of any statement made by any
of them in any written notice of cancellation or refusal to
issue or renew, or in any other communications, oral or written, specifying the reasons for cancellation or refusal to issue
or renew or the providing of information pertaining thereto,
or for statements made or evidence submitted in any hearing
conducted in connection therewith. [1979 c 133 § 4.]
48.44.270
48.44.290 Registered nurses or advanced registered
nurses. Notwithstanding any provision of this chapter, for
any health care service contract thereunder which is entered
into or renewed after July 26, 1981, benefits shall not be
denied under such contract for any health care service performed by a holder of a license for registered nursing practice
or advanced registered nursing practice issued pursuant to
chapter 18.79 RCW if (1) the service performed was within
the lawful scope of such person’s license, and (2) such contract would have provided benefits if such service had been
performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be remedial
and procedural to the extent that they do not impair the obligation of any existing contract. [1994 sp.s. c 9 § 733; 1986 c
223 § 6; 1981 c 175 § 1.]
48.44.290
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.44.299 Legislative finding. The legislature finds
and declares that there is a paramount concern that the right
of the people to obtain access to health care in all its facets is
being impaired by prepaid agreements which provide benefits, reimbursement, or indemnity by health care service contractors, whether for profit or for nonprofit, which do not provide parity of reimbursement among licensed health care providers performing the same health care services. It is further
the intent of the legislature not to mandate the providing of
any health care benefit, but rather to require parity of reimbursement for the same health care services performed by all
licensees who perform such services within the scope of their
respective licenses thereby assuring the people of the state
access to health care services of their choice. [1983 c 154 §
1.]
48.44.299
Severability—1983 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 154 § 6.]
(2008 Ed.)
Health Care Services
48.44.300 Podiatric medicine and surgery—Benefits
not to be denied. Benefits shall not be denied under a contract for any health care service performed by a holder of a
license issued under chapter 18.22 RCW if (1) the service
performed was within the lawful scope of the person’s
license, and (2) the contract would have provided benefits if
the service had been performed by a holder of a license issued
under chapter 18.71 RCW. There shall not be imposed upon
one class of doctors providing health care services as defined
by this chapter any requirement that is not imposed upon all
other doctors providing the same or similar health care services within the scope of their license.
The provisions of this section are intended to be procedural to the extent that they do not impair the obligation of
any existing contract. [1986 c 223 § 7; 1983 c 154 § 2.]
48.44.300
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.305 When injury caused by intoxication or use
of narcotics. A health care service contractor may not deny
coverage for the treatment of an injury solely because the
injury was sustained as a consequence of the enrolled participant’s being intoxicated or under the influence of a narcotic.
[2004 c 112 § 4.]
48.44.305
Finding—Application—2004 c 112: See notes following RCW
48.20.385.
48.44.309 Legislative finding. The legislature finds
and declares that there is a paramount concern that the right
of the people to obtain access to health care in all its facets is
being impaired. The legislature further finds that there is a
heavy reliance by the public upon prepaid health care service
agreements and insurance, whether profit or nonprofit, as the
only effective manner in which the large majority of the people can obtain access to quality health care. Further, the legislature finds that health care service agreements may be anticompetitive because of the exclusion of other licensed forms
of health care and that because of the high costs of health
care, there is a need for competition to reduce these costs. It
is, therefore, declared to be in the public interest that these
contracts as a form of insurance be regulated under the police
power of the state to assure that all the people have the greatest access to health care services. [1983 c 286 § 1.]
48.44.309
Severability—1983 c 286: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 286 § 5.]
48.44.310 Chiropractic care, coverage required,
exceptions. (1) Each group contract for comprehensive
health care service which is entered into, or renewed, on or
after September 8, 1983, between a health care service contractor and the person or persons to receive such care shall
offer coverage for chiropractic care on the same basis as any
other care.
(2) A patient of a chiropractor shall not be denied benefits under a contract because the practitioner is not licensed
under chapter 18.57 or 18.71 RCW.
(3) This section shall not apply to a group contract for
comprehensive health care services entered into in accordance with a collective bargaining agreement between management and labor representatives. Benefits for chiropractic
48.44.310
(2008 Ed.)
48.44.315
care shall be offered by the employer in good faith on the
same basis as any other care as a subject for collective bargaining for group contracts for health care services. [1986 c
223 § 8; 1983 c 286 § 2.]
Severability—1983 c 286: See note following RCW 48.44.309.
48.44.315 Diabetes coverage—Definitions. The legislature finds that diabetes imposes a significant health risk and
tremendous financial burden on the citizens and government
of the state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and supplies, and self-management training and education is crucial
to prevent or delay the short and long-term complications of
diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All health benefit plans offered by health care service
contractors, issued or renewed after January 1, 1998, shall
provide benefits for at least the following services and supplies for persons with diabetes:
(a) For health benefit plans that include coverage for
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all health benefit plans, outpatient self-management training and education, including medical nutrition
therapy, as ordered by the health care provider. Diabetes outpatient self-management training and education may be provided only by health care providers with expertise in diabetes. Nothing in this section prevents the health care services
contractor from restricting patients to seeing only health care
providers who have signed participating provider agreements
with the health care services contractor or an insuring entity
under contract with the health care services contractor.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements.
(6) The health care service contractor need not include
the coverage required in this section in a group contract
offered to an employer or other group that offers to its eligible enrollees a self-insured health plan not subject to man48.44.315
[Title 48 RCW—page 355]
48.44.320
Title 48 RCW: Insurance
dated benefits status under this title that does not offer coverage similar to that mandated under this section.
(7) This section does not apply to the health benefit plans
that provide benefits identical to the schedule of services covered by the basic health plan. [2004 c 244 § 12; 1997 c 276 §
4.]
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—1997 c 276: See note following RCW 41.05.185.
48.44.320 Home health care, hospice care, optional
coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts
excluded. (1) Every health care service contractor entering
into or renewing a group health care service contract governed by this chapter shall offer optional coverage for home
health care and hospice care for persons who are homebound
and would otherwise require hospitalization. Such optional
coverage need only be offered in conjunction with a policy
that provides payment for hospitalization as a part of health
care coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the following standards, limitations, and restrictions in addition to
those set forth in chapters 70.126 and 70.127 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a physician licensed under chapter 18.57 or 18.71 RCW, and may
require such treatment plans to be reviewed at designated
intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed under chapter 70.127 RCW;
(f) Hospice care coverage shall provide benefits for terminally ill patients for an initial period of care of not less than
six months and may provide benefits for an additional six
months of care in cases where the patient is facing imminent
death or is entering remission if certified in writing by the
attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per calendar year. However, a visit of any duration by an employee of
a home health agency for the purpose of providing services
under the plan of treatment constitutes one visit;
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1989 1st ex.s. c 9 § 222; 1988
c 245 § 33; 1984 c 22 § 3; 1983 c 249 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
48.44.320
[Title 48 RCW—page 356]
48.44.325 Mammograms—Insurance coverage.
Each health care service contract issued or renewed after January 1, 1990, that provides benefits for hospital or medical
care shall provide benefits for screening or diagnostic mammography services, provided that such services are delivered
upon the recommendation of the patient’s physician or
advanced registered nurse practitioner as authorized by the
nursing care quality assurance commission pursuant to chapter 18.79 RCW or physician assistant pursuant to chapter
18.71A RCW.
This section shall not be construed to prevent the application of standard contract provisions applicable to other
benefits such as deductible or copayment provisions. This
section does not limit the authority of a contractor to negotiate rates and contract with specific providers for the delivery
of mammography services. This section shall not apply to
medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits. [1994 sp.s.
c 9 § 734; 1989 c 338 § 3.]
48.44.325
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.44.327 Prostate cancer screening. (1) Each health
care service contract issued or renewed after December 31,
2006, that provides coverage for hospital or medical expenses
shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient’s physician, advanced registered nurse
practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of a contractor to negotiate rates and contract with specific providers for the delivery
of prostate cancer screening services. This section shall not
apply to medicare supplemental policies or supplemental
contracts covering a specified disease or other limited benefits. [2006 c 367 § 4.]
48.44.327
48.44.330 Reconstructive breast surgery. (1) Each
contract for health care entered into or renewed after July 24,
1983, between a health care services contractor and the person or persons to receive the care shall provide coverage for
reconstructive breast surgery resulting from a mastectomy
which resulted from disease, illness, or injury.
(2) Each contract for health care entered into or renewed
after January 1, 1986, between a health care services contractor and the person or persons to receive the care shall provide
coverage for all stages of one reconstructive breast reduction
on the nondiseased breast to make it equal in size with the
diseased breast after definitive reconstructive surgery on the
48.44.330
(2008 Ed.)
Health Care Services
diseased breast has been performed. [1985 c 54 § 7; 1983 c
113 § 3.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.44.335 Mastectomy, lumpectomy. No health care
service contractor under this chapter may refuse to issue any
contract or cancel or decline to renew the contract solely
because of a mastectomy or lumpectomy performed on the
insured or prospective insured more than five years previously. The amount of benefits payable, or any term, rate, condition, or type of coverage shall not be restricted, modified,
excluded, increased, or reduced solely on the basis of a mastectomy or lumpectomy performed on the insured or prospective insured more than five years previously. [1985 c 54 § 3.]
48.44.335
Effective date—1985 c 54: See note following RCW 48.20.397.
48.44.341 Mental health services—Health plans—
Definition—Coverage required, when. (1) For the purposes of this section, "mental health services" means medically necessary outpatient and inpatient services provided to
treat mental disorders covered by the diagnostic categories
listed in the most current version of the diagnostic and statistical manual of mental disorders, published by the American
psychiatric association, on July 24, 2005, or such subsequent
date as may be provided by the insurance commissioner by
rule, consistent with the purposes of chapter 6, Laws of 2005,
with the exception of the following categories, codes, and
services: (a) Substance related disorders; (b) life transition
problems, currently referred to as "V" codes, and diagnostic
codes 302 through 302.9 as found in the diagnostic and statistical manual of mental disorders, 4th edition, published by
the American psychiatric association; (c) skilled nursing
facility services, home health care, residential treatment, and
custodial care; and (d) court ordered treatment unless the
health care service contractor’s medical director or designee
determines the treatment to be medically necessary.
(2) All health service contracts providing health benefit
plans that provide coverage for medical and surgical services
shall provide:
(a) For all group health benefit plans for groups other
than small groups, as defined in RCW 48.43.005 delivered,
issued for delivery, or renewed on or after January 1, 2006,
coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(b) For all health benefit plans delivered, issued for
delivery, or renewed on or after January 1, 2008, coverage
for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
48.44.341
(2008 Ed.)
48.44.342
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services;
and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(c) For all health benefit plans delivered, issued for
delivery, or renewed on or after July 1, 2010, coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services. If
the health benefit plan imposes any deductible, mental health
services shall be included with medical and surgical services
for the purpose of meeting the deductible requirement. Treatment limitations or any other financial requirements on coverage for mental health services are only allowed if the same
limitations or requirements are imposed on coverage for
medical and surgical services; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(3) In meeting the requirements of subsection (2)(a) and
(b) of this section, health benefit plans may not reduce the
number of mental health outpatient visits or mental health
inpatient days below the level in effect on July 1, 2002.
(4) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(5) Nothing in this section shall be construed to prevent
the management of mental health services. [2007 c 8 § 3;
2006 c 74 § 2; 2005 c 6 § 4.]
Effective date—2007 c 8: See note following RCW 48.20.580.
Effective date—2006 c 74: See note following RCW 48.21.241.
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
48.44.342 Mental health treatment—Waiver of preauthorization for persons involuntarily committed. A
health care service contractor providing hospital or medical
services or benefits in this state shall waive a preauthorization from the contractor before an insured or an insured’s
covered dependents receive mental health treatment rendered
by a state hospital as defined in RCW 72.23.010 if the insured
or the insured’s covered dependents are involuntarily com48.44.342
[Title 48 RCW—page 357]
48.44.344
Title 48 RCW: Insurance
mitted to a state hospital as defined in RCW 72.23.010.
[1993 c 272 § 4.]
nates, the covered person may convert to a contract as provided in RCW 48.44.370. [1984 c 190 § 5.]
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.44.344 Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group health care services contract entered into or renewed
that covers hospital, medical, or surgical expenses on a group
basis, and which provides benefits for pregnancy, childbirth,
or related medical conditions to enrollees of such groups,
shall offer benefits for prenatal diagnosis of congenital disorders of the fetus by means of screening and diagnostic procedures during pregnancy to such enrollees when those services
are determined to be medically necessary by the health care
service contractor in accord with standards set in rule by the
board of health. Every group health care services contractor
shall communicate the availability of such coverage to all
group health care service contract holders and to all groups
with whom they are negotiating. [1988 c 276 § 7.]
48.44.344
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
48.44.350 Financial interests of health care service
contractors, restricted—Exceptions, regulations. (1) No
person having any authority in the investment or disposition
of the funds of a health care service contractor and no officer
or director of a health care service contractor shall accept,
except for the health care service contractor, or be the beneficiary of any fee, brokerage, gift, commission, or other emolument because of any sale of health care service agreements
or any investment, loan, deposit, purchase, sale, payment, or
exchange made by or for the health care service contractor, or
be pecuniarily interested therein in any capacity; except, that
such a person may procure a loan from the health care service
contractor directly upon approval by two-thirds of its directors and upon the pledge of securities eligible for the investment of the health care service contractor’s funds under this
title.
(2) The commissioner may, by regulations, from time to
time, define and permit additional exceptions to the prohibition contained in subsection (1) of this section solely to
enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the health care
service contractor, or to a corporation or firm in which the
director is interested, for necessary services performed or
sales or purchases made to or for the health care service contractor in the ordinary course of the health care service contractor’s business and in the usual private professional or
business capacity of the director or the corporation or firm.
[1986 c 223 § 9; 1983 c 202 § 6.]
48.44.350
48.44.360 Continuation option to be offered. Every
health care service contractor that issues group contracts providing group coverage for hospital or medical expense shall
offer the contract holder an option to include a contract provision granting a person who becomes ineligible for coverage
under the group contract, the right to continue the group benefits for a period of time and at a rate agreed upon. The contract provision shall provide that when such coverage termi48.44.360
[Title 48 RCW—page 358]
Application—1984 c 190 §§ 2, 5, and 8: See note following RCW
48.21.250.
48.44.370 Conversion contract to be offered—Exceptions, conditions. (1) Except as otherwise provided by this
section, any group health care service contract entered into or
renewed on or after January 1, 1985, that provides benefits
for hospital or medical expenses shall contain a provision
granting a person covered by the group contract the right to
obtain a conversion contract from the contractor upon termination of the person’s eligibility for coverage under the group
contract.
(2) A contractor need not offer a conversion contract to:
(a) A person whose coverage under the group contract
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a person’s employment or membership is terminated for misconduct, a conversion policy shall be offered to the spouse and/or
dependents of the terminated employee or member. The policy shall include in the conversion provisions the same conversion rights and conditions which are available to employees or members and their spouses and/or dependents who are
terminated for reasons other than misconduct;
(b) A person who is eligible for federal Medicare coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion contract, a person must submit a written application and the first premium payment for
the conversion contract not later than thirty-one days after the
date the person’s eligibility for group coverage terminates.
The conversion contract shall become effective, without
lapse of coverage, immediately following termination of coverage under the group contract.
(4) If a health care service contractor or group contract
holder does not renew, cancels, or otherwise terminates the
group contract, the health care service contractor shall offer a
conversion contract to any person who was covered under the
terminated contract unless the person is eligible to obtain
group hospital or medical expense coverage within thirty-one
days after such nonrenewal, cancellation, or termination of
the group contract.
(5) The health care service contractor shall determine the
premium for the conversion contract in accordance with the
contractor’s table of premium rates applicable to the age and
class of risk of each person to be covered under the contract
and the type and amount of benefits provided. [1984 c 190 §
6.]
48.44.370
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.44.380 Conversion contract—Restrictions and
requirements. (1) A health care service contractor shall not
require proof of insurability as a condition for issuance of the
conversion contract.
48.44.380
(2008 Ed.)
Health Care Services
(2) A conversion contract may not contain an exclusion
for preexisting conditions except to the extent that a waiting
period for a preexisting condition has not been satisfied under
the group contract.
(3) A health care service contractor must offer at least
three contract benefit plans that comply with the following:
(a) A major medical plan with a five thousand dollar
deductible and a lifetime benefit maximum of two hundred
fifty thousand dollars per person;
(b) A comprehensive medical plan with a five hundred
dollar deductible and a lifetime benefit maximum of five
hundred thousand dollars per person; and
(c) A basic medical plan with a one thousand dollar
deductible and a lifetime maximum of seventy-five thousand
dollars per person.
(4) The insurance commissioner may revise the deductibles and lifetime benefit amounts in subsection (3) of this
section from time to time to reflect changing health care
costs.
(5) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion contracts.
(6) The commissioner shall adopt rules to establish specific standards for conversion contract provisions. These
rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
(d) Definitions of terms. [1984 c 190 § 7.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.44.390 Modification of basis of agreement,
endorsement required. If an individual health care service
agreement is issued on any basis other than as applied for, an
endorsement setting forth such modification must accompany and be attached to the agreement. No agreement shall be
effective unless the endorsement is signed by the applicant,
and a signed copy thereof returned to the health care service
contractor. [1986 c 223 § 10.]
48.44.390
48.44.400 Continuance provisions for former family
members. After July 1, 1986, or on the next renewal date of
the agreement, whichever is later, every health care service
agreement issued, amended, or renewed for an individual and
his or her dependents shall contain provisions to assure that
the covered spouse and/or dependents, in the event that any
cease to be a qualified family member by reason of termination of marriage or death of the principal enrollee, shall have
the right to continue the health care service agreement without a physical examination, statement of health, or other
proof of insurability. [1986 c 223 § 11.]
48.44.400
48.44.420 Coverage for adopted children. (1) Any
health care service contract under this chapter delivered or
issued for delivery in this state, which provides coverage for
dependent children, as defined in the contract of the subscriber, shall cover adoptive children placed with the subscriber on the same basis as other dependents, as provided in
RCW 48.01.180.
48.44.420
(2008 Ed.)
48.44.450
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment
of the required premium must be furnished to the health care
services contractor. The notification period shall be no less
than sixty days from the date of placement. [1986 c 140 § 4.]
Effective date, application—Severability—1986 c 140: See notes following RCW 48.01.180.
48.44.430 Cancellation of rider. Upon application by
a subscriber, a rider shall be canceled if at least five years
after its issuance, no health care services have been received
by the subscriber during that time for the condition specified
in the rider, and a physician, selected by the carrier for that
purpose, agrees in writing to the full medical recovery of the
subscriber from that condition, such agreement not to be
unreasonably withheld. The option of the subscriber to apply
for cancellation shall be disclosed on the face of the rider in
clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 3.]
48.44.430
48.44.440 Phenylketonuria. (1) The legislature finds
48.44.440
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in
the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
contract for health care services delivered or issued for delivery or renewed in this state on or after September 1, 1988,
shall provide coverage for the formulas necessary for the
treatment of phenylketonuria. [1988 c 173 § 3.]
4 8. 4 4 . 4 5 0 Neu r od e v e lo p men t al t he r a p ie s —
Employer-sponsored group contracts. (1) Each employersponsored group contract for comprehensive health care service which is entered into, or renewed, on or after twelve
months after July 23, 1989, shall include coverage for neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to
the referral and periodic review of a holder of a license issued
pursuant to chapter 18.71 or 18.57 RCW or where covered
services have been rendered by such licensee. Nothing in this
section shall prohibit a health care service contractor from
48.44.450
[Title 48 RCW—page 359]
48.44.460
Title 48 RCW: Insurance
requiring that covered services be delivered by a provider
who participates by contract with the health care service contractor unless no participating provider is available to deliver
covered services. Nothing in this section shall prohibit a
health care service contractor from negotiating rates with
qualified providers.
(3) Benefits provided under this section shall be for medically necessary services as determined by the health care service contractor. Benefits shall be payable for services for the
maintenance of a covered individual in cases where significant deterioration in the patient’s condition would result
without the service. Benefits shall be payable to restore and
improve function.
(4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits
required by this section, together with the health care service
contractor, retain authority to design and employ utilization
and cost controls. Therefore, benefits delivered under this
section may be subject to contractual provisions regarding
deductible amounts and/or copayments established by the
employer purchasing coverage and the health care service
contractor. Benefits provided under this section may be subject to standard waiting periods for preexisting conditions,
and may be subject to the submission of written treatment
plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the total
dollar benefits available or may limit the number of services
delivered as agreed by the employer purchasing coverage and
the health care service contractor. [1989 c 345 § 1.]
48.44.460 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a group health care service contract entered into or renewed
after December 31, 1989, shall offer optional coverage for the
treatment of temporomandibular joint disorders.
(a) Health care service contractors offering medical coverage only may limit benefits in such coverages to medical
services related to treatment of temporomandibular joint disorders. Health care service contractors offering dental coverage only may limit benefits in such coverage to dental services related to treatment of temporomandibular joint disorders. No health care service contractor offering medical
coverage only may define all temporomandibular joint disorders as purely dental in nature, and no health care service
contractor offering dental coverage only may define all temporomandibular joint disorders as purely medical in nature.
(b) Health care contractors offering optional temporomandibular joint disorder coverage as provided in this section
may, but are not required to, offer lesser or no temporomandibular joint disorder coverage as part of their basic group
disability contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
potential benefit coverage. This flexibility shall apply to services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which services are to be provided, including referral systems and use of
other providers, and related issues.
48.44.460
[Title 48 RCW—page 360]
(2) Unless otherwise directed by law, the insurance commissioner shall adopt rules, to be implemented on January 1,
1993, establishing minimum benefits, terms, definitions, conditions, limitations, and provisions for the use of reasonable
deductibles and copayments.
(3) A contractor need not make the offer of coverage
required by this section to an employer or other group that
offers to its eligible enrollees a self-insured health plan not
subject to mandated benefit statutes under Title 48 RCW that
does not provide coverage for temporomandibular joint disorders. [1989 c 331 § 3.]
Legislative finding—Effective date—1989 c 331: See notes following
RCW 48.21.320.
48.44.465 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written
record required. Health care service contractors who
through an authorized representative have first approved, by
any means, an individual prescription claim as eligible may
not reject that claim at some later date. Pharmacists or drug
dispensing outlets who obtain preapproval of claims shall
keep a written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 4.]
48.44.465
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.44.470 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an
enrolled participant or his/her representative, controlled substances, legend drugs, or devices into this state.
After October 1, 1991, a health care service contractor
providing coverage of prescription drugs from nonresident
pharmacies may only provide coverage from licensed nonresident pharmacies. The health care service contractors shall
obtain proof of current licensure in conformity with this section and RCW 18.64.350 through 18.64.400 from the nonresident pharmacy and keep that proof of licensure on file.
The department may request from the health care service
contractor the proof of current licensure for all nonresident
pharmacies through which the insurer is providing coverage
for prescription drugs for residents of the state of Washington. This information, which may constitute a full or partial
customer list, shall be confidential and exempt from public
disclosure, and from the requirements of chapter 42.56 RCW.
The board or the department shall not be restricted in the disclosure of the name of a nonresident pharmacy that is or has
been licensed under RCW 18.64.360 or 18.64.370 or of the
identity of a nonresident pharmacy disciplined under RCW
18.64.350 through 18.64.400. [2005 c 274 § 314; 1991 c 87
§ 9.]
48.44.470
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1991 c 87: See note following RCW 18.64.350.
48.44.500 Denturist services. Notwithstanding any
provision of any health care service contract covering dental
care as provided for in this chapter, effective January 1, 1995,
benefits shall not be denied thereunder for any service per48.44.500
(2008 Ed.)
Health Care Services
formed by a denturist licensed under chapter 18.30 RCW if
(1) the service performed was within the lawful scope of such
person’s license, and (2) such contract would have provided
benefits if such service had been performed by a dentist
licensed under chapter 18.32 RCW. [1995 c 1 § 24 (Initiative
Measure No. 607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.44.530 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
health care service contractor domiciled in this state shall file
a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements
unless these acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner
for review, approval, or information purposes under other
provisions of this title or other requirements.
(2) The report required in subsection (1) of this section is
due within fifteen days after the end of the calendar month in
which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.44.535 through
48.44.555 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior written consent of the health care service contractor to which it
pertains unless the commissioner, after giving the health care
service contractor that would be affected by disclosure notice
and a hearing under chapter 48.04 RCW, determines that the
interest of policyholders, subscribers, shareholders, or the
public will be served by the publication, in which event the
commissioner may publish all or any part of the report in the
manner he or she deems appropriate. [1995 c 86 § 13.]
48.44.530
48.44.535 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported pursuant to RCW 48.44.530 if the acquisitions or dispositions are
not material. For purposes of RCW 48.44.530 through
48.44.555, a material acquisition, or the aggregate of any
series of related acquisitions during any thirty-day period; or
disposition, or the aggregate of any series of related dispositions during any thirty-day period is an acquisition or disposition that is nonrecurring and not in the ordinary course of
business and involves more than five percent of the reporting
health care service contractor’s total assets as reported in its
most recent statutory statement filed with the commissioner.
[1995 c 86 § 14.]
48.44.535
48.44.540 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.44.530 through
48.44.540
(2008 Ed.)
48.44.555
48.44.555 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting health care service contractor or the acquisition of
materials for such purpose.
(2) Asset dispositions subject to RCW 48.44.530
through 48.44.555 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 15.]
48.44.545 Report of a material acquisition or disposition of assets—Information required. The following information is required to be disclosed in any report of a material
acquisition or disposition of assets:
(1) Date of the transaction;
(2) Manner of acquisition or disposition;
(3) Description of the assets involved;
(4) Nature and amount of the consideration given or
received;
(5) Purpose of or reason for the transaction;
(6) Manner by which the amount of consideration was
determined;
(7) Gain or loss recognized or realized as a result of the
transaction; and
(8) Names of the persons from whom the assets were
acquired or to whom they were disposed. [1995 c 86 § 16.]
48.44.545
48.44.550 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.44.530 if the
nonrenewals, cancellations, or revisions are not material. For
purposes of RCW 48.44.530 through 48.44.555, a material
nonrenewal, cancellation, or revision is one that affects:
(a) More than fifty percent of a health care service contractor’s total reserve credit taken for business ceded, on an
annualized basis, as indicated in the health care service contractor’s most recent annual statement;
(b) More than ten percent of a health care service contractor’s total cession when it is replaced by one or more
unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if a health care service contractor’s total reserve credit taken for business ceded
represents, on an annualized basis, less than ten percent of the
statutory reserve requirement prior to any cession. [1995 c
86 § 17.]
48.44.550
48.44.555 Report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements—Information required. The following is required to be disclosed
in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(1) The effective date of the nonrenewal, cancellation, or
revision;
48.44.555
[Title 48 RCW—page 361]
Chapter 48.45
Title 48 RCW: Insurance
(2) The description of the transaction with an identification of the initiator;
(3) The purpose of or reason for the transaction; and
(4) If applicable, the identity of the replacement reinsurers. [1995 c 86 § 18.]
Chapter 48.45
Chapter 48.45 RCW
RURAL HEALTH CARE
Sections
48.45.005
48.45.010
48.45.020
48.45.030
Findings.
Definitions.
Rural health care service arrangements.
Rule making.
48.45.005 Findings. The legislature finds that the residents of rural communities are having difficulties in locating
and purchasing affordable health insurance. The legislature
further finds that many rural communities have sufficient
funds to pay for needed services, but those funds are being
expended elsewhere causing insufficient funding of local
health services. As part of the solution to this problem, rural
communities need to be able to structure the financing of
local health services to better serve local residents. The legislature further finds that as rural communities need well
financed and organized health care, it is in the interest of residents of rural communities that existing unauthorized entities comply with appropriate fiscal solvency standards and
consumer safeguards, and that those entities be given an
opportunity to come into compliance with existing state laws.
[1990 c 271 § 20.]
48.45.005
48.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Rural community" means any grouping of consumers, seventy-five percent of whom reside in areas outside of a
standard metropolitan statistical area as defined by the United
States bureau of census.
(2) "Consumer" means any person enrolled and eligible
to receive benefits in the rural health care arrangement.
(3) "Rural health care service arrangement" or "arrangement" means any arrangement which is established or maintained for the purpose of offering or providing through the
purchase of insurance or otherwise, medical, surgical, or hospital care or benefits in the event of sickness, accident, or disability in a rural community, as defined in this section, that is
subject to the jurisdiction of the insurance commissioner but
is not now a currently authorized carrier. [1990 c 271 § 22.]
48.45.010
(2) The arrangement submits an application for approval
as an entity authorized under chapter 48.44 RCW by May 1,
1990;
(3) The arrangement has one hundred thousand dollars
on deposit with the insurance commissioner by July 1, 1990;
(4) The arrangement has one hundred fifty thousand dollars on deposit with the insurance commissioner by September 1, 1990; and
(5) The arrangement complies with all reasonable
requirements of the insurance commissioner excluding the
deposit requirement, except as outlined in this section.
If such rural health care service arrangements fail to
comply with any of the above requirements, or if during the
application process an entity engages in any activities which
the insurance commissioner reasonably determines may
cause imminent harm to consumers, the entity may be subject
to appropriate legal action by the insurance commissioner
pursuant to the authority provided in Title 48 RCW.
A rural health care service arrangement which comes
into compliance with Title 48 RCW through the method outlined in this chapter shall be subject to all applicable requirements of Title 48 RCW except that the deposit requirements
shall not be increased until May 1, 1991. [1990 c 271 § 23.]
48.45.030 Rule making. The insurance commissioner,
pursuant to chapter 34.05 RCW, may promulgate rules to
implement RCW 48.45.010 and 48.45.020. [1990 c 271 §
24.]
48.45.030
Chapter 48.46 RCW
HEALTH MAINTENANCE ORGANIZATIONS
Chapter 48.46
Sections
48.46.010
48.46.012
48.46.020
48.46.023
48.46.027
48.46.030
48.46.033
48.46.040
48.46.045
48.46.060
48.46.062
48.46.063
48.46.064
48.46.066
48.45.020 Rural health care service arrangements.
Rural health care service arrangements existing on March 29,
1990, may continue in full operation only so long as they
comply with all of the following:
(1) Within ten days following March 29, 1990, all rural
health care service arrangements shall inform the insurance
commissioner of their intent to apply for approval to operate
as an entity authorized under chapter 48.44 RCW or intend to
merge with an entity authorized under Title 48 RCW or
merge with an entity defined in this section;
48.45.020
[Title 48 RCW—page 362]
48.46.068
48.46.070
48.46.080
48.46.090
48.46.100
48.46.110
48.46.120
Legislative declaration—Purpose.
Filings with secretary of state—Copy for commissioner.
Definitions.
Agent—Definition—License required—Application, issuance, renewal, fees—Penalties involving license.
Registration, required—Issuance of securities—Penalty.
Eligibility requirements for certificate of registration—Application requirements, information.
Unregistered activities—Acts committed in this state—Sanctions.
Certificate of registration—Issuance—Grounds for refusal—
Name restrictions—Inspection and review of facilities.
Catastrophic health plans permitted.
Prepayment agreements—Standards for forms and documents—Grounds for disapproval—Cancellation or failure to
renew—Filing of agreement forms.
Schedule of rates for individual agreements—Loss ratio—
Remittance of premiums—Definitions.
Calculation of premiums—Members of a purchasing pool—
Adjusted community rating method—Definitions.
Calculation of premiums—Adjusted community rate—Definitions.
Health plan benefits for small employers—Coverage—
Exemption from statutory requirements—Premium rates—
Requirements for providing coverage for small employers.
Requirements for plans offered to small employers—Definitions.
Governing body.
Annual statement—Filings—Contents—Fee—Penalty for
failure to file—Accuracy required.
Standard of services provided.
Grievance procedure.
Name restrictions—Discrimination—Recovery of costs of
health care services participant not entitled to.
Examination of health maintenance organizations—Duties of
organizations, powers of commissioner—Independent audit
reports.
(2008 Ed.)
Health Maintenance Organizations
48.46.130
48.46.135
48.46.140
48.46.170
48.46.180
48.46.190
48.46.200
48.46.210
48.46.220
48.46.225
48.46.235
48.46.237
48.46.240
48.46.243
48.46.245
48.46.247
48.46.250
48.46.260
48.46.270
48.46.272
48.46.275
48.46.277
48.46.280
48.46.285
48.46.291
48.46.292
48.46.300
48.46.310
48.46.320
48.46.325
48.46.340
48.46.350
48.46.355
48.46.360
48.46.370
48.46.375
48.46.380
48.46.390
48.46.400
48.46.410
48.46.420
48.46.430
48.46.440
48.46.450
48.46.460
48.46.470
48.46.480
48.46.490
48.46.500
48.46.510
48.46.520
48.46.530
48.46.535
48.46.540
48.46.565
48.46.570
48.46.575
48.46.580
(2008 Ed.)
Investigation of violations—Hearing—Findings—Penalties—
Order requiring compliance, etc.—Suspension or revocation
of certificate, effect—Application to courts.
Fine in addition to or in lieu of suspension, revocation, or
refusal.
Fees.
Effect of chapter as to other laws—Construction.
Duty of employer to inform and make available to employees
option of enrolling in health maintenance organization.
Payroll deductions for capitation payments to health maintenance organizations.
Rules and regulations.
Compliance with federal funding requirements—Construction.
Review of administrative action.
Financial failure—Supervision of commissioner—Priority of
distribution of assets.
Minimum net worth—Requirement to maintain—Determination of amount.
Minimum net worth—Domestic or foreign health maintenance
organization.
Funded reserve requirements.
Contract—Participant liability—Commissioner’s review.
Plan for handling insolvency—Commissioner’s review.
Insolvency—Commissioner’s duties—Participants’ options—
Allocation of coverage.
Coverage of dependent children—Newborn infants, congenital anomalies—Notification period.
Individual health maintenance agreement—Return within ten
days of delivery—Refunds—Void from beginning.
Financial interests of health maintenance organization authorities, restricted—Exceptions, regulations.
Diabetes coverage—Definitions.
Mammograms—Insurance coverage.
Prostate cancer screening.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Mental health services—Health plans—Definition—Coverage
required, when.
Mental health treatment—Waiver of preauthorization for persons involuntarily committed.
Future dividends or refunds, restricted—Issuance or sale of
securities regulated.
Registration not endorsement.
Dependent children, termination of coverage, conditions.
Option to cover dependents under age twenty-five.
Return of agreement within ten days.
Chemical dependency treatment.
"Chemical dependency" defined.
Payment of cost of agreement directly to holder during labor
dispute—Changes restricted—Notice to employee.
Coverage not denied for handicap.
Benefits for prenatal diagnosis of congenital disorders—
Agreements entered into or renewed on or after January 1,
1990.
Notice of reason for cancellation, denial, or refusal to renew
agreement.
Providing information on cancellation or refusal—No liability
for insurance commissioner or health maintenance organization.
False or misleading advertising prohibited.
Misrepresentations to induce termination or retention of agreement prohibited.
Penalty for violations.
Enforcement authority of commissioner.
Continuation option to be offered.
Conversion agreement to be offered—Exceptions, conditions.
Conversion agreement—Restrictions and requirements.
Endorsement of modifications.
Continuation of coverage of former family members.
Coverage for adopted children.
Cancellation of rider.
Phenylketonuria.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Temporomandibular joint disorders—Insurance coverage.
Prescriptions—Preapproval of individual claims—Subsequent
rejection prohibited—Written record required.
Nonresident pharmacies.
Foot care services.
Denturist services.
Doctor of osteopathic medicine and surgery—Discrimination
based on board certification is prohibited.
When injury caused by intoxication or use of narcotics.
48.46.600
48.46.605
48.46.610
48.46.615
48.46.620
48.46.625
48.46.900
48.46.910
48.46.920
48.46.020
Disclosure of certain material transactions—Report—Information is confidential.
Material acquisitions or dispositions.
Asset acquisitions—Asset dispositions.
Report of a material acquisition or disposition of assets—
Information required.
Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Liberal construction.
Severability—1975 1st ex.s. c 290.
Short title.
Agents of health maintenance organizations, additional regulations applicable: RCW 48.17.065.
Health care assistants: Chapter 18.135 RCW.
48.46.010 Legislative declaration—Purpose. In affirmation of the declared principle that health care is a right of
every citizen of the state, the legislature expresses its concern
that the present high costs of health care in Washington may
be preventing or inhibiting a large segment of the people
from obtaining access to quality health care services.
The legislature declares that the establishment of qualified prepaid group and individual practice health care delivery systems should be encouraged in order to provide all citizens of the state with the freedom of choice between competitive, alternative health care delivery systems necessary to
realize their right to health. It is the purpose and policy of this
chapter to provide for the development and registration of
prepaid group and individual practice health care plans as
health maintenance organizations, which the legislature
declares to be in the interest of the health, safety and welfare
of the people. [1975 1st ex.s. c 290 § 2.]
48.46.010
48.46.012 Filings with secretary of state—Copy for
commissioner. Health maintenance organizations shall send
a copy specifically for the office of the insurance commissioner to the secretary of state of any corporate document
required to be filed in the office of the secretary of state,
including articles of incorporation and bylaws, and any
amendments thereto. The copy specifically provided for the
office of the insurance commissioner shall be in addition to
the copies required by the secretary of state and shall clearly
indicate on the copy that it is for delivery to the office of the
insurance commissioner. [1998 c 23 § 17.]
48.46.012
48.46.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings indicated unless the context indicates otherwise.
(1) "Health maintenance organization" means any organization receiving a certificate of registration by the commissioner under this chapter which provides comprehensive
health care services to enrolled participants of such organization on a group practice per capita prepayment basis or on a
prepaid individual practice plan, except for an enrolled participant’s responsibility for copayments and/or deductibles,
either directly or through contractual or other arrangements
with other institutions, entities, or persons, and which qualifies as a health maintenance organization pursuant to RCW
48.46.030 and 48.46.040.
(2) "Comprehensive health care services" means basic
consultative, diagnostic, and therapeutic services rendered by
licensed health professionals together with emergency and
48.46.020
[Title 48 RCW—page 363]
48.46.023
Title 48 RCW: Insurance
preventive care, inpatient hospital, outpatient and physician
care, at a minimum, and any additional health care services
offered by the health maintenance organization.
(3) "Enrolled participant" means a person who or group
of persons which has entered into a contractual arrangement
or on whose behalf a contractual arrangement has been
entered into with a health maintenance organization to
receive health care services.
(4) "Health professionals" means health care practitioners who are regulated by the state of Washington.
(5) "Health maintenance agreement" means an agreement for services between a health maintenance organization
which is registered pursuant to the provisions of this chapter
and enrolled participants of such organization which provides
enrolled participants with comprehensive health services rendered to enrolled participants by health professionals, groups,
facilities, and other personnel associated with the health
maintenance organization.
(6) "Consumer" means any member, subscriber,
enrollee, beneficiary, or other person entitled to health care
services under terms of a health maintenance agreement, but
not including health professionals, employees of health maintenance organizations, partners, or shareholders of stock corporations licensed as health maintenance organizations.
(7) "Meaningful role in policy making" means a procedure approved by the commissioner which provides consumers or elected representatives of consumers a means of submitting the views and recommendations of such consumers to
the governing board of such organization coupled with reasonable assurance that the board will give regard to such
views and recommendations.
(8) "Meaningful grievance procedure" means a procedure for investigation of consumer grievances in a timely
manner aimed at mutual agreement for settlement according
to procedures approved by the commissioner, and which may
include arbitration procedures.
(9) "Provider" means any health professional, hospital,
or other institution, organization, or person that furnishes any
health care services and is licensed or otherwise authorized to
furnish such services.
(10) "Department" means the state department of social
and health services.
(11) "Commissioner" means the insurance commissioner.
(12) "Group practice" means a partnership, association,
corporation, or other group of health professionals:
(a) The members of which may be individual health professionals, clinics, or both individuals and clinics who engage
in the coordinated practice of their profession; and
(b) The members of which are compensated by a prearranged salary, or by capitation payment or drawing account
that is based on the number of enrolled participants.
(13) "Individual practice health care plan" means an
association of health professionals in private practice who
associate for the purpose of providing prepaid comprehensive
health care services on a fee-for-service or capitation basis.
(14) "Uncovered expenditures" means the costs to the
health maintenance organization of health care services that
are the obligation of the health maintenance organization for
which an enrolled participant would also be liable in the
event of the health maintenance organization’s insolvency
[Title 48 RCW—page 364]
and for which no alternative arrangements have been made as
provided herein. The term does not include expenditures for
covered services when a provider has agreed not to bill the
enrolled participant even though the provider is not paid by
the health maintenance organization, or for services that are
guaranteed, insured, or assumed by a person or organization
other than the health maintenance organization.
(15) "Copayment" means an amount specified in a subscriber agreement which is an obligation of an enrolled participant for a specific service which is not fully prepaid.
(16) "Deductible" means the amount an enrolled participant is responsible to pay out-of-pocket before the health
maintenance organization begins to pay the costs associated
with treatment.
(17) "Fully subordinated debt" means those debts that
meet the requirements of RCW 48.46.235(3) and are
recorded as equity.
(18) "Net worth" means the excess of total admitted
assets as defined in RCW 48.12.010 over total liabilities but
the liabilities shall not include fully subordinated debt.
(19) "Participating provider" means a provider as
defined in subsection (9) of this section who contracts with
the health maintenance organization or with its contractor or
subcontractor and has agreed to provide health care services
to enrolled participants with an expectation of receiving payment, other than copayment or deductible, directly or indirectly, from the health maintenance organization.
(20) "Carrier" means a health maintenance organization,
an insurer, a health care services contractor, or other entity
responsible for the payment of benefits or provision of services under a group or individual agreement.
(21) "Replacement coverage" means the benefits provided by a succeeding carrier.
(22) "Insolvent" or "insolvency" means that the organization has been declared insolvent and is placed under an
order of liquidation by a court of competent jurisdiction.
[1990 c 119 § 1; 1983 c 106 § 1; 1982 c 151 § 1; 1975 1st
ex.s. c 290 § 3.]
Effective date—1982 c 151: "This act shall take effect on January 1,
1983." [1982 c 151 § 5.]
48.46.023 Agent—Definition—License required—
Application, issuance, renewal, fees—Penalties involving
license. (Effective until July 1, 2009.) (1) Agent, as used in
this chapter, means any person appointed or authorized by a
health maintenance organization to solicit applications for
health care service agreements on its behalf.
(2) No person shall act as or hold himself out to be an
agent of a health maintenance organization unless licensed as
a disability insurance agent by this state and appointed or
authorized by the health maintenance organization on whose
behalf solicitations are to be made.
(3) Applications, appointments, and qualifications for
licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to a
disability insurance agent.
(4) A person holding a valid license in this state as a
health maintenance organization agent on July 24, 1983, is
not required to requalify by an examination for the renewal of
the license.
48.46.023
(2008 Ed.)
Health Maintenance Organizations
(5) The commissioner may revoke, suspend, or refuse to
issue or renew any agent’s license, or levy a fine upon the licensee, in accordance with those provisions of chapter 48.17
RCW that are applicable to a disability insurance agent.
[1983 c 202 § 8.]
48.46.023 Insurance producer—Definition—License
required—Application, issuance, renewal, fees—Penalties involving license. (Effective July 1, 2009.) (1) Insurance producer, as used in this chapter, means any person
appointed or authorized by a health maintenance organization
to solicit applications for health care service agreements on
its behalf.
(2) No person shall act as or hold himself or herself out
to be an appointed insurance producer of a health maintenance organization unless licensed as a disability insurance
producer by this state and appointed or authorized by the
health maintenance organization on whose behalf solicitations are to be made.
(3) Applications, appointments, and qualifications for
licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to a
disability insurance producer.
(4) The commissioner may revoke, suspend, or refuse to
issue or renew any insurance producer’s license, or levy a
fine upon the licensee, in accordance with those provisions of
chapter 48.17 RCW that are applicable to a disability insurance producer. [2008 c 217 § 54; 1983 c 202 § 8.]
48.46.023
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.46.027 Registration, required—Issuance of securities—Penalty. (1) A person may not in this state, by mail
or otherwise, act as or hold himself or herself out to be a
health maintenance organization as defined in RCW
48.46.020 without first being registered with the commissioner.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health maintenance organization domiciled in this state other than the memberships and
bonds of a nonprofit corporation is subject to the provisions
of chapter 48.06 RCW relating to obtaining solicitation permits the same as if health maintenance organizations were
domestic insurers.
(3) Any person violating any provision of subsection (2)
of this section is guilty of a gross misdemeanor and will, upon
conviction, be fined not more than one thousand dollars, or
imprisoned for not more than six months, or both, for each
violation. [2003 c 250 § 10; 1983 c 202 § 9.]
48.46.027
Severability—2003 c 250: See note following RCW 48.01.080.
48.46.030 Eligibility requirements for certificate of
registration—Application requirements, information.
Any corporation, cooperative group, partnership, individual,
association, or groups of health professionals licensed by the
state of Washington, public hospital district, or public institutions of higher education shall be entitled to a certificate of
registration from the insurance commissioner as a health
maintenance organization if it:
48.46.030
(2008 Ed.)
48.46.030
(1) Provides comprehensive health care services to
enrolled participants on a group practice per capita prepayment basis or on a prepaid individual practice plan and provides such health services either directly or through arrangements with institutions, entities, and persons which its
enrolled population might reasonably require as determined
by the health maintenance organization in order to be maintained in good health; and
(2) Is governed by a board elected by enrolled participants, or otherwise provides its enrolled participants with a
meaningful role in policy making procedures of such organization, as defined in RCW 48.46.020(7), and 48.46.070; and
(3) Affords enrolled participants with a meaningful
grievance procedure aimed at settlement of disputes between
such persons and such health maintenance organization, as
defined in RCW 48.46.020(8) and 48.46.100; and
(4) Provides enrolled participants, or makes available for
inspection at least annually, financial statements pertaining to
health maintenance agreements, disclosing income and
expenses, assets and liabilities, and the bases for proposed
rate adjustments for health maintenance agreements relating
to its activity as a health maintenance organization; and
(5) Demonstrates to the satisfaction of the commissioner
that its facilities and personnel are reasonably adequate to
provide comprehensive health care services to enrolled participants and that it is financially capable of providing such
members with, or has made adequate contractual arrangements through insurance or otherwise to provide such members with, such health services; and
(6) Substantially complies with administrative rules and
regulations of the commissioner for purposes of this chapter;
and
(7) Submits an application for a certificate of registration
which shall be verified by an officer or authorized representative of the applicant, being in form as the commissioner
prescribes, and setting forth:
(a) A copy of the basic organizational document, if any,
of the applicant, such as the articles of incorporation, articles
of association, partnership agreement, trust agreement, or
other applicable documents, and all amendments thereto;
(b) A copy of the bylaws, rules and regulations, or similar documents, if any, which regulate the conduct of the internal affairs of the applicant, and all amendments thereto;
(c) A list of the names, addresses, members of the board
of directors, board of trustees, executive committee, or other
governing board or committee and the principal officers,
partners, or members;
(d) A full and complete disclosure of any financial interests held by any officer, or director in any provider associated
with the applicant or any provider of the applicant;
(e) A description of the health maintenance organization,
its facilities and its personnel, and the applicant’s most recent
financial statement showing such organization’s assets, liabilities, income, and other sources of financial support;
(f) A description of the geographic areas and the population groups to be served and the size and composition of the
anticipated enrollee population;
(g) A copy of each type of health maintenance agreement
to be issued to enrolled participants;
(h) A schedule of all proposed rates of reimbursement to
contracting health care facilities or providers, if any, and a
[Title 48 RCW—page 365]
48.46.033
Title 48 RCW: Insurance
schedule of the proposed charges for enrollee coverage for
health care services, accompanied by data relevant to the formulation of such schedules;
(i) A description of the proposed method and schedule
for soliciting enrollment in the applicant health maintenance
organization and the basis of compensation for such solicitation services;
(j) A copy of the solicitation document to be distributed
to all prospective enrolled participants in connection with any
solicitation;
(k) A financial projection which sets forth the anticipated
results during the initial two years of operation of such organization, accompanied by a summary of the assumptions and
relevant data upon which the projection is based. The projection should include the projected expenses, enrollment
trends, income, enrollee utilization patterns, and sources of
working capital;
(l) A detailed description of the enrollee complaint system as provided by RCW 48.46.100;
(m) A detailed description of the procedures and programs to be implemented to assure that the health care services delivered to enrolled participants will be of professional
quality;
(n) A detailed description of procedures to be implemented to meet the requirements to protect against insolvency in RCW 48.46.245;
(o) Documentation that the health maintenance organization has an initial net worth of one million dollars and shall
thereafter maintain the minimum net worth required under
RCW 48.46.235; and
(p) Such other information as the commissioner shall
require by rule or regulation which is reasonably necessary to
carry out the provisions of this section.
A health maintenance organization shall, unless otherwise provided for in this chapter, file a notice describing any
modification of any of the information required by subsection
(7) of this section. Such notice shall be filed with the commissioner. [1990 c 119 § 2; 1985 c 320 § 1; 1983 c 106 § 2; 1975
1st ex.s. c 290 § 4.]
48.46.033 Unregistered activities—Acts committed
in this state—Sanctions. (1) As used in this section, "person" has the same meaning as in RCW 48.01.070.
(2) For the purpose of this section, an act is committed in
this state if it is committed, in whole or in part, in the state of
Washington, or affects persons or property within the state
and relates to or involves a health maintenance agreement.
(3) Any person who knowingly violates RCW
48.46.027(1) is guilty of a class B felony punishable under
chapter 9A.20 RCW.
(4) Any criminal penalty imposed under this section is in
addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(5)(a) If the commissioner has cause to believe that any
person has violated the provisions of RCW 48.46.027(1), the
commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or
(ii) Assess a civil penalty of not more than twenty-five
thousand dollars for each violation, after providing notice and
48.46.033
[Title 48 RCW—page 366]
an opportunity for a hearing in accordance with chapters
34.05 and 48.04 RCW.
(b) Upon failure to pay a civil penalty when due, the
attorney general may bring a civil action on behalf of the
commissioner to recover the unpaid penalty. Any amounts
collected by the commissioner must be paid to the state treasurer for the account of the general fund. [2003 c 250 § 11.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.46.040 Certificate of registration—Issuance—
Grounds for refusal—Name restrictions—Inspection and
review of facilities. The commissioner shall issue a certificate of registration to the applicant within sixty days of such
filing unless he notifies the applicant within such time that
such application is not complete and the reasons therefor; or
that he is not satisfied that:
(1) The basic organizational document of the applicant
permits the applicant to conduct business as a health maintenance organization;
(2) The organization has demonstrated the intent and
ability to assure that comprehensive health care services will
be provided in a manner to assure both their availability and
accessibility;
(3) The organization is financially responsible and may
be reasonably expected to meet its obligations to its enrolled
participants. In making this determination, the commissioner
shall consider among other relevant factors:
(a) Any agreements with an insurer, a medical or hospital
service bureau, a government agency or any other organization paying or insuring payment for health care services;
(b) Any agreements with providers for the provision of
health care services;
(c) Any arrangements for liability and malpractice insurance coverage; and
(d) Adequate procedures to be implemented to meet the
protection against insolvency requirements in RCW
48.46.245.
(4) The procedures for offering health care services and
offering or terminating contracts with enrolled participants
are reasonable and equitable in comparison with prevailing
health insurance subscription practices and health maintenance organization enrollment procedures; and, that
(5) Procedures have been established to:
(a) Monitor the quality of care provided by such organization, including, as a minimum, procedures for internal peer
review;
(b) Resolve complaints and grievances initiated by
enrolled participants in accordance with RCW 48.46.010 and
48.46.100;
(c) Offer enrolled participants an opportunity to participate in matters of policy and operation in accordance with
RCW 48.46.020(7) and 48.46.070.
No person to whom a certificate of registration has not
been issued, except a health maintenance organization certified by the secretary of the department of health and human
services, pursuant to Public Law 93-222 or its successor,
shall use the words "health maintenance organization" or the
initials "HMO" in its name, contracts, or literature. Persons
who are contracting with, operating in association with,
recruiting enrolled participants for, or otherwise authorized
48.46.040
(2008 Ed.)
Health Maintenance Organizations
by a health maintenance organization possessing a certificate
of registration to act on its behalf may use the terms "health
maintenance organization" or "HMO" for the limited purpose
of denoting or explaining their relationship to such health
maintenance organization.
The department of health, at the request of the insurance
commissioner, shall inspect and review the facilities of every
applicant health maintenance organization to determine that
such facilities are reasonably adequate to provide the health
care services offered in their contracts. If the commissioner
has information to indicate that such facilities fail to continue
to be adequate to provide the health care services offered, the
department of health, upon request of the insurance commissioner, shall reinspect and review the facilities and report to
the insurance commissioner as to their adequacy or inadequacy. [1990 c 119 § 3; 1989 1st ex.s. c 9 § 223; 1983 c 106
§ 3; 1975 1st ex.s. c 290 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
48.46.045 Catastrophic health plans permitted. Notwithstanding the provisions of this chapter, a health maintenance organization may offer catastrophic health plans as
defined in RCW 48.43.005. [2000 c 79 § 27.]
48.46.045
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.060 Prepayment agreements—Standards for
forms and documents—Grounds for disapproval—Cancellation or failure to renew—Filing of agreement forms.
(1) Any health maintenance organization may enter into
agreements with or for the benefit of persons or groups of
persons, which require prepayment for health care services
by or for such persons in consideration of the health maintenance organization providing health care services to such
persons. Such activity is not subject to the laws relating to
insurance if the health care services are rendered directly by
the health maintenance organization or by any provider
which has a contract or other arrangement with the health
maintenance organization to render health services to
enrolled participants.
(2) All forms of health maintenance agreements issued
by the organization to enrolled participants or other marketing documents purporting to describe the organization’s comprehensive health care services shall comply with such minimum standards as the commissioner deems reasonable and
necessary in order to carry out the purposes and provisions of
this chapter, and which fully inform enrolled participants of
the health care services to which they are entitled, including
any limitations or exclusions thereof, and such other rights,
responsibilities and duties required of the contracting health
maintenance organization.
(3) Subject to the right of the health maintenance organization to demand and receive a hearing under chapters 48.04
and 34.05 RCW, the commissioner may disapprove an individual or group agreement form for any of the following
grounds:
(a) If it contains or incorporates by reference any inconsistent, ambiguous, or misleading clauses, or exceptions or
conditions which unreasonably or deceptively affect the risk
48.46.060
(2008 Ed.)
48.46.062
purported to be assumed in the general coverage of the agreement;
(b) If it has any title, heading, or other indication which
is misleading;
(c) If purchase of health care services thereunder is being
solicited by deceptive advertising;
(d) If it contains unreasonable restrictions on the treatment of patients;
(e) If it is in any respect in violation of this chapter or if
it fails to conform to minimum provisions or standards
required by the commissioner by rule under chapter 34.05
RCW; or
(f) If any agreement for health care services with any
state agency, division, subdivision, board, or commission or
with any political subdivision, municipal corporation, or
quasi-municipal corporation fails to comply with state law.
(4) In addition to the grounds listed in subsection (2) of
this section, the commissioner may disapprove any agreement if the benefits provided therein are unreasonable in relation to the amount charged for the agreement. Rates, or any
modification of rates effective on or after July 1, 2008, for
individual health benefit plans may not be used until sixty
days after they are filed with the commissioner. If the commissioner does not disapprove a rate filing within sixty days
after the health maintenance organization has filed the documents required in RCW 48.46.062(2) and any rules adopted
pursuant thereto, the filing shall be deemed approved.
(5) No health maintenance organization authorized
under this chapter shall cancel or fail to renew the enrollment
on any basis of an enrolled participant or refuse to transfer an
enrolled participant from a group to an individual basis for
reasons relating solely to age, sex, race, or health status.
Nothing contained herein shall prevent cancellation of an
agreement with enrolled participants (a) who violate any published policies of the organization which have been approved
by the commissioner, or (b) who are entitled to become eligible for medicare benefits and fail to enroll for a medicare supplement plan offered by the health maintenance organization
and approved by the commissioner, or (c) for failure of such
enrolled participant to pay the approved charge, including
cost-sharing, required under such contract, or (d) for a material breach of the health maintenance agreement.
(6) No agreement form or amendment to an approved
agreement form shall be used unless it is first filed with the
commissioner. [2008 c 303 § 3; 2000 c 79 § 31; 1989 c 10 §
10. Prior: 1985 c 320 § 2; 1985 c 283 § 2; 1983 c 106 § 4;
1975 1st ex.s. c 290 § 7.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.062 Schedule of rates for individual agreements—Loss ratio—Remittance of premiums—Definitions. (1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Claims" means the cost to the health maintenance
organization of health care services, as defined in RCW
48.43.005, provided to an enrollee or paid to or on behalf of
the enrollee in accordance with the terms of a health benefit
plan, as defined in RCW 48.43.005. This includes capitation
payments or other similar payments made to providers for the
purpose of paying for health care services for an enrollee.
48.46.062
[Title 48 RCW—page 367]
48.46.063
Title 48 RCW: Insurance
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or not.
(c) "Declination rate" for a health maintenance organization means the percentage of the total number of applicants
for individual health benefit plans received by that health
maintenance organization in the aggregate in the applicable
year which are not accepted for enrollment by that health
maintenance organization based on the results of the standard
health questionnaire administered pursuant to RCW
48.43.018(2)(a).
(d) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(e) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(f) "Loss ratio" means incurred claims expense as a percentage of earned premiums.
(g) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) A health maintenance organization must file supporting documentation of its method of determining the rates
charged for its individual agreements. At a minimum, the
health maintenance organization must provide the following
supporting documentation:
(a) A description of the health maintenance organization’s rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the health maintenance organization’s projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted community rates charged; and
(d) A certification by a member of the American academy of actuaries, or other person approved by the commissioner, that the adjusted community rate charged can be reasonably expected to result in a loss ratio that meets or exceeds
the loss ratio standard of seventy-four percent, minus the premium tax rate applicable to the carrier’s individual health
benefit plans under RCW 48.14.0201.
(3) By the last day of May each year any health maintenance organization issuing or renewing individual health
benefit plans in this state during the preceding calendar year
shall file for review by the commissioner supporting documentation of its actual loss ratio and its actual declination rate
for its individual health benefit plans offered or renewed in
the state in aggregate for the preceding calendar year. The
filing shall include aggregate earned premiums, aggregate
incurred claims, and a certification by a member of the American academy of actuaries, or other person approved by the
commissioner, that the actual loss ratio has been calculated in
accordance with accepted actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
[Title 48 RCW—page 368]
filing shall be deemed approved unless prior thereto the commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the health maintenance organization.
(c) Any dispute regarding the calculation of the actual
loss ratio shall, upon written demand of either the commissioner or the health maintenance organization, be submitted
to hearing under chapters 48.04 and 34.05 RCW.
(4) If the actual loss ratio for the preceding calendar year
is less than the loss ratio standard established in subsection
(5) of this section, a remittance is due and the following shall
apply:
(a) The health maintenance organization shall calculate a
percentage of premium to be remitted to the Washington state
health insurance pool by subtracting the actual loss ratio for
the preceding year from the loss ratio established in subsection (5) of this section.
(b) The remittance to the Washington state health insurance pool is the percentage calculated in (a) of this subsection, multiplied by the premium earned from each enrollee in
the previous calendar year. Interest shall be added to the
remittance due at a five percent annual rate calculated from
the end of the calendar year for which the remittance is due to
the date the remittance is made.
(c) All remittances shall be aggregated and such amounts
shall be remitted to the Washington state high risk pool to be
used as directed by the pool board of directors.
(d) Any remittance required to be issued under this section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (3)(a) of this section or the determination by an administrative law judge
under subsection (3)(c) of this section.
(5) The loss ratio applicable to this section shall be the
percentage set forth in the following schedule that correlates
to the health maintenance organization’s actual declination
rate in the preceding year, minus the premium tax rate applicable to the health maintenance organization’s individual
health benefit plans under RCW 48.14.0201.
Actual Declination Rate
Under Six Percent (6%)
Six Percent (6%) or more
(but less than Seven Percent)
Seven Percent (7%) or more
(but less than Eight Percent)
Eight Percent (8%) or more
Loss Ratio
Seventy-Four Percent (74%)
Seventy-Five Percent (75%)
Seventy-Six Percent (76%)
Seventy-Seven Percent
(77%)
[2008 c 303 § 6; 2001 c 196 § 12; 2000 c 79 § 32.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.063 Calculation of premiums—Members of a
purchasing pool—Adjusted community rating method—
Definitions. (1) Premiums for health benefit plans for individuals who purchase the plan as a member of a purchasing
pool:
48.46.063
(2008 Ed.)
Health Maintenance Organizations
(a) Consisting of five hundred or more individuals affiliated with a particular industry;
(b) To whom care management services are provided as
a benefit of pool membership; and
(c) Which allows contributions from more than one
employer to be used towards the purchase of an individual’s
health benefit plan;
shall be calculated using the adjusted community rating
method that spreads financial risk across the entire purchasing pool of which the individual is a member. Such rates are
subject to the following provisions:
(i) The health maintenance organization shall develop its
rates based on an adjusted community rate and may only vary
the adjusted community rate for:
(A) Geographic area;
(B) Family size;
(C) Age;
(D) Tenure discounts; and
(E) Wellness activities.
(ii) The adjustment for age in (c)(i)(C) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(iii) The health maintenance organization shall be permitted to develop separate rates for individuals age sixty-five
or older for coverage for which medicare is the primary
payer, and coverage for which medicare is not the primary
payer. Both rates are subject to the requirements of this subsection.
(iv) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(v) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(vi) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(A) Changes to the family composition;
(B) Changes to the health benefit plan requested by the
individual; or
(C) Changes in government requirements affecting the
health benefit plan.
(vii) For the purposes of this section, a health benefit
plan that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(viii) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall not be required to be pooled with the medical experience of health benefit plans offered to small employers
under RCW 48.46.066.
(2008 Ed.)
48.46.064
(3) As used in this section and RCW 48.46.066, "health
benefit plan," "adjusted community rates," "small employer,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2006 c 100 § 6.]
Legality of purchasing pools—Federal opinion requested—2006 c
100: See note following RCW 48.20.028.
48.46.064 Calculation of premiums—Adjusted community rate—Definitions. (1) Except for health benefit
plans covered under RCW 48.46.063, premium rates for
health benefit plans for individuals shall be subject to the following provisions:
(a) The health maintenance organization shall develop
its rates based on an adjusted community rate and may only
vary the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The health maintenance organization shall be permitted to develop separate rates for individuals age sixty-five or
older for coverage for which medicare is the primary payer
and coverage for which medicare is not the primary payer.
Both rates shall be subject to the requirements of this subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this section shall pool the medical experience of all individuals purchasing coverage, except individuals purchasing coverage
under *RCW 48.46.063, and shall not be required to be
48.46.064
[Title 48 RCW—page 369]
48.46.066
Title 48 RCW: Insurance
pooled with the medical experience of health benefit plans
offered to small employers under RCW 48.46.066.
(3) As used in this section and RCW 48.46.066, "health
benefit plan," "adjusted community rate," "small employer,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2006 c 100 § 5; 2004 c 244 § 8; 2000 c 79 § 33;
1997 c 231 § 209; 1995 c 265 § 17.]
*Reviser’s note: The reference in 2006 c 100 § 5 to "section 5 of this
act" was erroneous. Section 6 of this act, codified as RCW 48.46.063, was
apparently intended.
Legality of purchasing pools—Federal opinion requested—2006 c
100: See note following RCW 48.20.028.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.46.066 Health plan benefits for small employers—
Coverage—Exemption from statutory requirements—
Premium rates—Requirements for providing coverage
for small employers. (1)(a) A health maintenance organization offering any health benefit plan to a small employer,
either directly or through an association or member-governed
group formed specifically for the purpose of purchasing
health care, may offer and actively market to the small
employer a health benefit plan featuring a limited schedule of
covered health care services. Nothing in this subsection shall
preclude a health maintenance organization from offering, or
a small employer from purchasing, other health benefit plans
that may have more comprehensive benefits than those
included in the product offered under this subsection. A
health maintenance organization offering a health benefit
plan under this subsection shall clearly disclose all the covered benefits to the small employer in a brochure filed with
the commissioner.
(b) A health benefit plan offered under this subsection
shall provide coverage for hospital expenses and services
rendered by a physician licensed under chapter 18.57 or
18.71 RCW but is not subject to the requirements of RCW
48.46.275, 48.46.280, 48.46.285, 48.46.350, 48.46.355,
48.46.375, 48.46.440, 48.46.480, 48.46.510, 48.46.520, and
48.46.530.
(2) Nothing in this section shall prohibit a health maintenance organization from offering, or a purchaser from seeking, health benefit plans with benefits in excess of the health
benefit plan offered under subsection (1) of this section. All
forms, policies, and contracts shall be submitted for approval
to the commissioner, and the rates of any plan offered under
this section shall be reasonable in relation to the benefits
thereto.
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The health maintenance organization shall develop
its rates based on an adjusted community rate and may only
vary the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
48.46.066
[Title 48 RCW—page 370]
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The health maintenance organization shall be permitted to develop separate rates for individuals age sixty-five or
older for coverage for which medicare is the primary payer
and coverage for which medicare is not the primary payer.
Both rates shall be subject to the requirements of this subsection (3).
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest rate
for all age groups on January 1, 1996, four hundred percent
on January 1, 1997, and three hundred seventy-five percent
on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not
contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. A carrier may develop its rates based on
claims costs due to network provider reimbursement schedules or type of network. This subsection does not restrict or
enhance the portability of benefits as provided in RCW
48.43.015.
(i) Adjusted community rates established under this section shall pool the medical experience of all groups purchasing coverage, including the small group participants in the
h e a l th i n su r a n c e p a r tn e r s h ip e st ab li s h e d in RC W
70.47A.030. However, annual rate adjustments for each
small group health benefit plan may vary by up to plus or
minus four percentage points from the overall adjustment of
a carrier’s entire small group pool, such overall adjustment to
be approved by the commissioner, upon a showing by the
carrier, certified by a member of the American academy of
actuaries that: (i) The variation is a result of deductible leverage, benefit design, or provider network characteristics; and
(ii) for a rate renewal period, the projected weighted average
of all small group benefit plans will have a revenue neutral
effect on the carrier’s small group pool. Variations of greater
than four percentage points are subject to review by the commissioner, and must be approved or denied within sixty days
(2008 Ed.)
Health Maintenance Organizations
of submittal. A variation that is not denied within sixty days
shall be deemed approved. The commissioner must provide
to the carrier a detailed actuarial justification for any denial
within thirty days of the denial.
(j) For health benefit plans purchased through the health
insurance partnership established in chapter 70.47A RCW:
(i) Any surcharge established pursuant to RCW
70.47A.030(2)(e) shall be applied only to health benefit plans
purchased through the health insurance partnership; and
(ii) Risk adjustment or reinsurance mechanisms may be
used by the health insurance partnership program to redistribute funds to carriers participating in the health insurance partnership based on differences in risk attributable to individual
choice of health plans or other factors unique to health insurance partnership participation. Use of such mechanisms shall
be limited to the partnership program and will not affect
small group health plans offered outside the partnership.
(4) Nothing in this section shall restrict the right of
employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by a health maintenance organization in determining whether to provide coverage to a small employer
shall be applied uniformly among all small employers applying for coverage or receiving coverage from the carrier.
(b) A health maintenance organization shall not require a
minimum participation level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements
with respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage of
participation is met.
(d) A health maintenance organization may not increase
any requirement for minimum employee participation or
modify any requirement for minimum employer contribution
applicable to a small employer at any time after the small
employer has been accepted for coverage.
(e) Minimum participation requirements and employer
premium contribution requirements adopted by the health
insurance partnership board under RCW 70.47A.110 shall
apply only to the employers and employees who purchase
health benefit plans through the health insurance partnership.
(6) A health maintenance organization must offer coverage to all eligible employees of a small employer and their
dependents. A health maintenance organization may not
offer coverage to only certain individuals or dependents in a
small employer group or to only part of the group. A health
maintenance organization may not modify a health plan with
respect to a small employer or any eligible employee or
dependent, through riders, endorsements or otherwise, to
restrict or exclude coverage or benefits for specific diseases,
medical conditions, or services otherwise covered by the
plan. [2008 c 143 § 8; 2007 c 260 § 9; 2004 c 244 § 9; 1995
c 265 § 18; 1990 c 187 § 4.]
Application—2004 c 244: See note following RCW 48.21.045.
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
(2008 Ed.)
48.46.080
Finding—Intent—Severability—1990 c 187: See notes following
RCW 48.21.045.
48.46.068 Requirements for plans offered to small
employers—Definitions. (1) A health maintenance organization may not offer any health benefit plan to any small
employer without complying with RCW 48.46.066(3).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care are not
small employers and are not subject to RCW 48.46.066(3).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [2003 c 248 § 16; 1995 c 265 §
24.]
48.46.068
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.46.070 Governing body. (1) The members of the
governing body of a health maintenance organization shall be
nominated by the voting members or by the enrolled participants and providers, and shall be elected by the enrolled participants or voting members pursuant to the provisions of
their bylaws, which shall not be restricted to providers. At
least one-third of such body shall consist of consumers who
are substantially representative of the enrolled population of
such organization: PROVIDED, HOWEVER, That any
organization that is a qualified health maintenance organization under P.L. 93-222 (Title XIII, section 1310(d) of the
public health services act) is deemed to have satisfied these
governing body requirements and the requirements of RCW
48.46.030(2).
(2) For health maintenance organizations formed by
public institutions of higher education or public hospital districts, the governing body shall be advised by an advisory
board consisting of at least two-thirds consumers who are
elected by the voting members or the enrolled participants
and are substantially representative of the enrolled population. [1985 c 320 § 3; 1983 c 106 § 5; 1975 1st ex.s. c 290 §
8.]
48.46.070
48.46.080 Annual statement—Filings—Contents—
Fee—Penalty for failure to file—Accuracy required. (1)
Every domestic health maintenance organization shall annually, on or before the first day of March, file with the commissioner a statement verified by at least two of the principal
officers of the health maintenance organization showing its
financial condition as of the last day of the preceding calendar year.
(2) Such annual report shall be in such form as the commissioner shall prescribe and shall include:
(a) A financial statement of such organization, including
its balance sheet and receipts and disbursements for the preceding year, which reflects at a minimum;
(i) All prepayments and other payments received for
health care services rendered pursuant to health maintenance
agreements;
(ii) Expenditures to all categories of health care facilities, providers, insurance companies, or hospital or medical
service plan corporations with which such organization has
contracted to fulfill obligations to enrolled participants aris48.46.080
[Title 48 RCW—page 371]
48.46.090
Title 48 RCW: Insurance
ing out of its health maintenance agreements, together with
all other direct expenses including depreciation, enrollment,
and commission; and
(iii) Expenditures for capital improvements, or additions
thereto, including but not limited to construction, renovation,
or purchase of facilities and capital equipment;
(b) The number of participants enrolled and terminated
during the report period. Every employer offering health care
benefits to their employees through a group contract with a
health maintenance organization shall furnish said health
maintenance organization with a list of their employees
enrolled under such plan;
(c) The number of doctors by type of practice who, under
contract with or as an employee of the health maintenance
organization, furnished health care services to consumers
during the past year;
(d) A report of the names and addresses of all officers,
directors, or trustees of the health maintenance organization
during the preceding year, and the amount of wages, expense
reimbursements, or other payments to such individuals for
services to such organization. For partnership and professional service corporations, a report shall be made for partners or shareholders as to any compensation or expense reimbursement received by them for services, other than for services and expenses relating directly for patient care;
(e) Such other information relating to the performance of
the health maintenance organization or the health care facilities or providers with which it has contracted as reasonably
necessary to the proper and effective administration of this
chapter, in accordance with rules and regulations; and
(f) Disclosure of any financial interests held by officers
and directors in any providers associated with the health
maintenance organization or any provider of the health maintenance organization.
(3) The commissioner may for good reason allow a reasonable extension of the time within which such annual statement shall be filed.
(4) In addition to the requirements of subsections (1) and
(2) of this section, every health maintenance organization that
is registered in this state shall annually, on or before March
1st of each year, file with the national association of insurance commissioners a copy of its annual statement, along
with those additional schedules as prescribed by the commissioner for the preceding year. The information filed with the
national association of insurance commissioners shall be in
the same format and scope as that required by the commissioner and shall include the signed jurate page and the actuarial certification. Any amendments and addendums to the
annual statement filing subsequently filed with the commissioner shall also be filed with the national association of
insurance commissioners.
(5) Coincident with the filing of its annual statement and
other schedules, each health maintenance organization shall
pay a reasonable fee directly to the national association of
insurance commissioners in an amount approved by the commissioner to cover the costs associated with the analysis of
the annual statement.
(6) Foreign health maintenance organizations that are
domiciled in a state that has a law substantially similar to subsection (4) of this section are considered to be in compliance
with this section.
[Title 48 RCW—page 372]
(7) In the absence of actual malice, members of the
national association of insurance commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, national association of insurance commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual statement shall be acting as agents of the commissioner under the
authority of this section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of
their collection, review, analysis, or dissimilation of the data
and information collected for the filings required under this
section.
(8) The commissioner may suspend or revoke the certificate of registration of any health maintenance organization
failing to file its annual statement or pay the fees when due or
during any extension of time therefor which the commissioner, for good cause, may grant.
(9) No person shall knowingly file with any public official or knowingly make, publish, or disseminate any financial
statement of a health maintenance organization which does
not accurately state the health maintenance organization’s
financial condition. [2006 c 25 § 9; 1997 c 212 § 5; 1993 c
492 § 296. Prior: 1983 c 202 § 10; 1983 c 106 § 6; 1975 1st
ex.s. c 290 § 9.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.46.090 Standard of services provided. A health
maintenance organization, and the health care facilities and
providers with which such organization has entered into contracts to provide health care services to its enrolled participants, shall provide such services in a manner consistent with
the dignity of each enrolled participant as a human being.
[1975 1st ex.s. c 290 § 10.]
48.46.090
48.46.100 Grievance procedure. A health maintenance organization shall establish and maintain a grievance
procedure, approved by the commissioner, to provide reasonable and effective resolution of complaints initiated by
enrolled participants concerning any matter relating to the
interpretation of any provision of such enrolled participants’
health maintenance contracts, including, but not limited to,
claims regarding the scope of coverage for health care services; denials, cancellations, or nonrenewals of enrolled participants’ coverage; and the quality of the health care services
rendered, and which may include procedures for arbitration.
[1975 1st ex.s. c 290 § 11.]
48.46.100
48.46.110 Name restrictions—Discrimination—
Recovery of costs of health care services participant not
entitled to. (1) No health maintenance organization may
refer to itself in its name or advertising with any of the words:
"insurance", "casualty", "surety", "mutual", or any other
words descriptive of the insurance, casualty, or surety business, or deceptively similar to the name or description of any
insurance or surety corporation or health care service contractor or other health maintenance organization doing business in this state.
48.46.110
(2008 Ed.)
Health Maintenance Organizations
(2) No health maintenance organization, nor any health
care facility or provider with which such organization has
contracted to provide health care services, shall discriminate
against any person from whom or on whose behalf, payment
to meet the required charge is available, with regard to enrollment, disenrollment, or the provision of health care services,
on the basis of such person’s race, color, sex, religion, place
of residence if there is reasonable access to the facility of the
health maintenance organization, socioeconomic status, or
status as a recipient of medicare under Title XVIII of the
Social Security Act, 42 U.S.C. section 1396, et seq.
(3) Where a health maintenance organization determines
that an enrolled participant has received health care services
to which such enrolled participant is not entitled under the
terms of his health maintenance agreement, neither such
organization, nor any health care facility or provider with
which such organization has contracted to provide health care
services, shall have recourse against such enrolled participant
for any amount above the actual cost of providing such service, if any, specified in such agreement, unless the enrolled
participant or a member of his family has given or withheld
information to the health maintenance organization, the
effect of which is to mislead or misinform the health maintenance organization as to the enrolled participant’s right to
receive such services. [1983 c 202 § 11; 1975 1st ex.s. c 290
§ 12.]
48.46.120 Examination of health maintenance organizations—Duties of organizations, powers of commissioner—Independent audit reports. (1) The commissioner
may make an examination of the operations of any health
maintenance organization as often as he deems necessary in
order to carry out the purposes of this chapter.
(2) Every health maintenance organization shall submit
its books and records relating its operation for financial condition and market conduct examinations and in every way
facilitate them. The quality or appropriateness of medical
services or systems shall not be examined except to the extent
that such items are incidental to an examination of the financial condition or the market conduct of a health maintenance
organization. For the purpose of examinations, the commissioner may issue subpoenas, administer oaths, and examine
the officers and principals of the health maintenance organization and the principals of such providers concerning their
business.
(3) The commissioner may elect to accept and rely on
audit reports made by an independent certified public
accountant for the health maintenance organization in the
course of that part of the commissioner’s examination covering the same general subject matter as the audit. The commissioner may incorporate the audit report in his report of the
examination. [2007 c 468 § 2; 1987 c 83 § 1; 1986 c 296 § 9;
1985 c 7 § 115; 1983 c 63 § 2; 1975 1st ex.s. c 290 § 13.]
48.46.120
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
48.46.130 Investigation of violations—Hearing—
Findings—Penalties—Order requiring compliance,
etc.—Suspension or revocation of certificate, effect—
Application to courts. (1) The commissioner may, consistent with the provisions of the administrative procedure act,
48.46.130
(2008 Ed.)
48.46.130
chapter 34.05 RCW, initiate proceedings to determine
whether a health maintenance organization has:
(a) Operated in a manner that materially violates its organizational documents;
(b) Materially breached its obligation to furnish the
health care services specified in its contracts with enrolled
participants;
(c) Violated any provision of this chapter, or any rules
and regulations promulgated thereunder;
(d) Made any false statement with respect to any report
or statement required by this chapter or by the commissioner
under this chapter;
(e) Advertised or marketed, or attempted to market, its
services in such a manner as to misrepresent its services or
capacity for services, or engaged in deceptive, misleading, or
unfair practices with respect to advertising or marketing;
(f) Prevented the commissioner from the performance of
any duty imposed by this chapter; or
(g) Fraudulently procured or attempted to procure any
benefit under this chapter.
(2) After providing written notice and an opportunity for
a hearing to be scheduled no sooner than ten days following
such notice, the commissioner shall make administrative
findings and may, as appropriate:
(a) Impose a penalty of not more than ten thousand dollars for each and every unlawful act committed which materially affects the health services offered or furnished;
(b) Issue an administrative order requiring the health
maintenance organization to:
(i) Cease or modify inappropriate conduct or practices by
it or any of the personnel employed or associated with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service which has been improperly denied;
(iv) Take steps to provide or arrange for any service
which it has agreed to make available; or
(v) Abide by the terms of an arbitration proceeding, if
any;
(c) Suspend or revoke the certificate of authority of the
health maintenance organization:
(i) If its certificate of authority is suspended, the organization shall not, during the period of such suspension, enroll
any additional participants except newborn children or other
newly acquired dependents of existing enrolled participants,
and shall not engage in any advertising or solicitation whatsoever;
(ii) If its certificate of authority is revoked, the organization shall proceed under the supervision of the commissioner
immediately following the effective date of the order of revocation to wind up its affairs, and shall conduct no further
business except as may be essential to the orderly conclusion
of such affairs: PROVIDED, That the commissioner may, by
written order, permit such further operation of the organization as it may find to be in the best interest of enrolled participants, to the end that such enrolled participants will be
afforded the greatest practical opportunity to obtain continuing health care coverage: PROVIDED, FURTHER, That if
the organization is qualified to operate as a health care service contractor under chapter 48.44 RCW, it may continue to
operate as such when it obtains the appropriate license.
(3) The commissioner may apply to any court for such
legal or equitable relief as it deems necessary to effectively
[Title 48 RCW—page 373]
48.46.135
Title 48 RCW: Insurance
carry out the purposes of this chapter, including, but not limited to, an action in any court of competent jurisdiction to
enjoin any such acts or practices and to enforce compliance
with this chapter or any rule or order hereunder. Upon a
proper showing a permanent or temporary injunction,
restraining order, or writ of mandamus shall be granted and a
receiver or conservator may be appointed for the defendant or
the defendant’s assets. The commissioner may not be
required to post a bond. [1975 1st ex.s. c 290 § 14.]
48.46.135
48.46.135 Fine in addition to or in lieu of suspension,
revocation, or refusal. After hearing or upon stipulation by
the registrant and in addition to or in lieu of the suspension,
revocation, or refusal to renew any registration of a health
maintenance organization, the commissioner may levy a fine
against the party involved for each offense in an amount not
less than fifty dollars and not more than ten thousand dollars.
The order levying such fine shall specify the period within
which the fine shall be fully paid and which period shall not
be less than fifteen nor more than thirty days from the date of
such order. Upon failure to pay any such fine when due the
commissioner shall revoke the registration of the registrant, if
not already revoked, and the fine shall be recovered in a civil
action brought on behalf of the commissioner by the attorney
general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general
fund. [1983 c 202 § 15.]
48.46.140
48.46.140 Fees. Every organization subject to this
chapter shall pay to the commissioner the following fees:
(1) For filing a copy of its application for a certificate of
registration or amendment thereto, one hundred dollars;
(2) For filing each annual report pursuant to RCW
48.46.080, ten dollars. [1975 1st ex.s. c 290 § 15.]
48.46.170
48.46.170 Effect of chapter as to other laws—Construction. (Effective until July 1, 2009.) (1) Solicitation of
enrolled participants by a health maintenance organization
granted a certificate of registration, or its agents or representatives, does not violate any provision of law relating to solicitation or advertising by health professionals.
(2) Any health maintenance organization authorized
under this chapter is not violating any law prohibiting the
practice by unlicensed persons of podiatric medicine and surgery, chiropractic, dental hygiene, opticianry, dentistry,
optometry, osteopathic medicine and surgery, pharmacy,
medicine and surgery, physical therapy, nursing, or psychology. This subsection does not expand a health professional’s
scope of practice or allow employees of a health maintenance
organization to practice as a health professional unless
licensed.
(3) This chapter does not alter any statutory obligation,
or rule adopted thereunder, in chapter 70.38 RCW.
(4) Any health maintenance organization receiving a certificate of registration pursuant to this chapter is exempt from
chapter 48.05 RCW. [2003 c 248 § 17; 1996 c 178 § 13; 1983
c 106 § 7; 1975 1st ex.s. c 290 § 18.]
Effective date—1996 c 178: See note following RCW 18.35.110.
[Title 48 RCW—page 374]
48.46.170 Effect of chapter as to other laws—Construction. (Effective July 1, 2009.) (1) Solicitation of
enrolled participants by a health maintenance organization
granted a certificate of registration, or its appointed insurance
producers or representatives, does not violate any provision
of law relating to solicitation or advertising by health professionals.
(2) Any health maintenance organization authorized
under this chapter is not violating any law prohibiting the
practice by unlicensed persons of podiatric medicine and surgery, chiropractic, dental hygiene, opticianry, dentistry,
optometry, osteopathic medicine and surgery, pharmacy,
medicine and surgery, physical therapy, nursing, or psychology. This subsection does not expand a health professional’s
scope of practice or allow employees of a health maintenance
organization to practice as a health professional unless
licensed.
(3) This chapter does not alter any statutory obligation,
or rule adopted thereunder, in chapter 70.38 RCW.
(4) Any health maintenance organization receiving a certificate of registration pursuant to this chapter is exempt from
chapter 48.05 RCW. [2008 c 217 § 55; 2003 c 248 § 17; 1996
c 178 § 13; 1983 c 106 § 7; 1975 1st ex.s. c 290 § 18.]
48.46.170
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Effective date—1996 c 178: See note following RCW 18.35.110.
48.46.180 Duty of employer to inform and make
available to employees option of enrolling in health maintenance organization. (1) The state government, or any
political subdivision thereof, which offers its employees a
health benefits plan shall make available to and inform its
employees or members of the option to enroll in at least one
health maintenance organization holding a valid certificate of
authority which provides health care services in the geographic areas in which such employees or members reside.
(2) Each employer, public or private, having more than
fifty employees in this state which offers its employees a
health benefits plan, and each employee benefits fund in this
state having more than fifty members which offers its members any form of health benefits shall make available to and
inform its employees or members of the option to enroll in at
least one health maintenance organization holding a valid
certificate of authority which provides health care services in
the geographic areas in which a substantial number of such
employees or members reside: PROVIDED, That unless at
least twenty-five employees agree to participate in a health
maintenance organization the employer need not provide
such an option: PROVIDED FURTHER, That where such
employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by this section
may be specified in such agreement: AND PROVIDED
FURTHER, That the provisions of this section shall not be
mandatory where such members are covered by a Taft-Hartley health care trust, except that the labor-management trustees may contract with a health maintenance organization if a
feasibility study determines it is to the advantage of the members to so contract.
(3) Subsections (1) and (2) of this section shall impose
no responsibilities or duties upon state government or any
48.46.180
(2008 Ed.)
Health Maintenance Organizations
political subdivision thereof or any other employer, either
public or private, to provide health maintenance organization
coverage when no health maintenance organization exists for
the purpose of providing health care services in the geographic areas in which the employees or members reside.
(4) No employer in this state shall in any way be required
to pay more for health benefits as a result of the application of
this section than would otherwise be required by any prevailing collective bargaining agreement or other legally enforceable contract of obligation for the provision of health benefits
between such employer and its employees. [1975 1st ex.s. c
290 § 19.]
48.46.190 Payroll deductions for capitation payments to health maintenance organizations. See RCW
41.04.233.
48.46.190
48.46.200 Rules and regulations. The commissioner
may, in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW, promulgate rules and regulations as necessary or proper to carry out the provisions of
this chapter. Nothing in this chapter shall be construed to prohibit the commissioner from requiring changes in procedures
previously approved by him. [1975 1st ex.s. c 290 § 21.]
48.46.200
48.46.210 Compliance with federal funding requirements—Construction. Nothing in this chapter shall prohibit
any health maintenance organization from meeting the
requirements of any federal law which would authorize such
health maintenance organization to receive federal financial
assistance or enroll beneficiaries assisted by federal funds.
[1975 1st ex.s. c 290 § 22.]
48.46.210
48.46.220 Review of administrative action. Any party
aggrieved by a decision, order, or regulation made under this
chapter by the commissioner shall have the right to have such
reviewed pursuant to the provisions of the administrative procedure act, chapter 34.05 RCW. [1975 1st ex.s. c 290 § 23.]
48.46.220
48.46.225 Financial failure—Supervision of commissioner—Priority of distribution of assets. (1) Any rehabilitation, liquidation, or conservation of a health maintenance
organization is the same as the rehabilitation, liquidation, or
conservation of an insurance company and must be conducted under the supervision of the commissioner pursuant to
the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply
for an order directing the commissioner to rehabilitate, liquidate, or conserve a health maintenance organization upon any
one or more grounds set out in RCW 48.31.030, 48.31.050,
and 48.31.080. Enrolled participants have the same priority
in the event of liquidation or rehabilitation as the law provides to policyholders of an insurer.
(2) For purposes of determining the priority of distribution of general assets, claims of enrolled participants and
enrolled participants’ beneficiaries have the same priority as
established by RCW 48.31.280 for policyholders and beneficiaries of insureds of insurance companies. If an enrolled
participant is liable to any provider for services provided pursuant to and covered by the health maintenance agreement,
48.46.225
(2008 Ed.)
48.46.235
that liability has the status of an enrolled participant claim for
distribution of general assets.
(3) A provider who is obligated by statute or agreement
to hold enrolled participants harmless from liability for services provided pursuant to and covered by a health care plan
has a priority of distribution of the general assets immediately following that of enrolled participants and enrolled participants’ beneficiaries under this section. [2003 c 248 § 18;
1990 c 119 § 4.]
48.46.235 Minimum net worth—Requirement to
maintain—Determination of amount. (1) Except as provided in subsection (2) of this section, every health maintenance organization must have and maintain a minimum net
worth equal to the greater of:
(a) Three million dollars; or
(b) Two percent of annual premium earned as reported
on the most recent annual financial statement filed with the
commissioner on the first one hundred fifty million dollars of
premium and one percent of annual premium on the premium
in excess of one hundred fifty million dollars; or
(c) An amount equal to the sum of three months’ uncovered expenditures as reported on the most recent financial
statement filed with the commissioner.
(2) A health maintenance organization registered before
July 27, 1997, that, on July 27, 1997, has a minimum net
worth equal to or greater than that required by subsection (1)
of this section must continue to have and maintain the minimum net worth required by subsection (1) of this section. A
health maintenance organization registered before July 27,
1997, that, on July 27, 1997, does not have the minimum net
worth required by subsection (1) of this section must have
and maintain a minimum net worth of:
(a) The amount required immediately prior to July 27,
1997, until December 31, 1997;
(b) Fifty percent of the amount required by subsection
(1) of this section by December 31, 1997;
(c) Seventy-five percent of the amount required by subsection (1) of this section by December 31, 1998; and
(d) One hundred percent of the amount required by subsection (1) of this section by December 31, 1999.
(3)(a) In determining net worth, no debt shall be considered fully subordinated unless the subordination clause is in a
form acceptable to the commissioner. An interest obligation
relating to the repayment of a subordinated debt must be similarly subordinated.
(b) The interest expenses relating to the repayment of a
fully subordinated debt shall not be considered uncovered
expenditures.
(c) A subordinated debt incurred by a note meeting the
requirement of this section, and otherwise acceptable to the
commissioner, shall not be considered a liability and shall be
recorded as equity.
(4) Every health maintenance organization shall, when
determining liabilities, include an amount estimated in the
aggregate to provide for any unearned premium and for the
payment of all claims for health care expenditures that have
been incurred, whether reported or unreported, which are
unpaid and for which such organization is or may be liable,
and to provide for the expense of adjustment or settlement of
such claims.
48.46.235
[Title 48 RCW—page 375]
48.46.237
Title 48 RCW: Insurance
Such liabilities shall be computed in accordance with
rules promulgated by the commissioner upon reasonable consideration of the ascertained experience and character of the
health maintenance organization. [1997 c 212 § 6; 1990 c
119 § 5.]
48.46.237
48.46.237 Minimum net worth—Domestic or foreign
health maintenance organization. (1) For purposes of this
section:
(a) "Domestic health maintenance organization" means a
health maintenance organization formed under the laws of
this state; and
(b) "Foreign health maintenance organization" means a
health maintenance organization formed under the laws of
the United States, of a state or territory of the United States
other than this state, or of the District of Columbia.
(2) If the minimum net worth of a domestic health maintenance organization falls below the minimum net worth
required by this chapter, the commissioner shall at once
ascertain the amount of the deficiency and serve notice upon
the domestic health maintenance organization to cure the
deficiency within ninety days after that service of notice.
(3) If the deficiency is not cured, and proof thereof filed
with the commissioner within the ninety-day period, the
domestic health maintenance organization shall be declared
insolvent and shall be proceeded against as authorized by this
code or the commissioner shall, consistent with chapters
48.04 and 34.05 RCW, suspend or revoke the registration of
the domestic health maintenance organization as being hazardous to its subscribers and the people in this state.
(4) If the deficiency is not cured the domestic health
maintenance organization shall not issue or deliver any health
maintenance agreement after the expiration of the ninety-day
period.
(5) If the minimum net worth of a foreign health maintenance organization falls below the minimum net worth
required by this chapter, the commissioner shall, consistent
with chapters 48.04 and 34.05 RCW, suspend or revoke the
foreign health maintenance organization’s registration as
being hazardous to its subscribers, enrollees, or the people in
this state. [1997 c 212 § 7.]
48.46.240
48.46.240 Funded reserve requirements. (1) Each
health maintenance organization obtaining a certificate of
registration from the commissioner shall provide and maintain a funded reserve of one hundred fifty thousand dollars.
The funded reserve shall be deposited with the commissioner
or with any organization/trustee acceptable to him in the form
of cash, securities eligible for investment by the health maintenance organization pursuant to chapter 48.13 RCW,
approved surety bond or any combination of these, and must
equal or exceed one hundred fifty thousand dollars. The
funded reserve shall be established as an assurance that the
uncovered expenditure obligations of the health maintenance
organization to the enrolled participants will be performed.
(2) All income from reserves on deposit with the commissioner shall belong to the depositing health maintenance
organization and shall be paid to it as it becomes available.
[Title 48 RCW—page 376]
(3) Any funded reserve required by this section shall be
considered an asset of the health maintenance organization in
determining the organization’s net worth.
(4) A health maintenance organization that has made a
securities deposit with the commissioner may, at its option,
withdraw the securities deposit or any part of the deposit after
first having deposited or provided in lieu thereof an approved
surety bond, a deposit of cash or securities, or any combination of these or other deposits of equal amount and value to
that withdrawn. Any securities and surety bond shall be subject to approval by the commissioner before being substituted. [1990 c 119 § 6; 1985 c 320 § 4; 1982 c 151 § 3.]
Effective date—1982 c 151: See note following RCW 48.46.020.
48.46.243 Contract—Participant liability—Commissioner’s review. (Effective until July 1, 2009.) (1) Subject
to subsection (2) of this section, every contract between a
health maintenance organization and its participating providers of health care services shall be in writing and shall set
forth that in the event the health maintenance organization
fails to pay for health care services as set forth in the agreement, the enrolled participant shall not be liable to the provider for any sums owed by the health maintenance organization. Every such contract shall provide that this requirement
shall survive termination of the contract.
(2) The provisions of subsection (1) of this section shall
not apply to emergency care from a provider who is not a participating provider, to out-of-area services or, in exceptional
situations approved in advance by the commissioner, if the
health maintenance organization is unable to negotiate reasonable and cost-effective participating provider contracts.
(3)(a) Each participating provider contract form shall be
filed with the commissioner fifteen days before it is used.
(b) Any contract form not affirmatively disapproved
within fifteen days of filing shall be deemed approved, except
that the commissioner may extend the approval period an
additional fifteen days upon giving notice before the expiration of the initial fifteen-day period. The commissioner may
approve such a contract form for immediate use at any time.
Approval may be subsequently withdrawn for cause.
(c) Subject to the right of the health maintenance organization to demand and receive a hearing under chapters 48.04
and 34.05 RCW, the commissioner may disapprove such a
contract form if it is in any respect in violation of this chapter
or if it fails to conform to minimum provisions or standards
required by the commissioner by rule under chapter 34.05
RCW.
(4) No participating provider, or agent, trustee, or
assignee thereof, may maintain an action against an enrolled
participant to collect sums owed by the health maintenance
organization. [1990 c 119 § 7.]
48.46.243
48.46.243 Contract—Participant liability—Commissioner’s review. (Effective July 1, 2009.) (1) Subject to
subsection (2) of this section, every contract between a health
maintenance organization and its participating providers of
health care services shall be in writing and shall set forth that
in the event the health maintenance organization fails to pay
for health care services as set forth in the agreement, the
enrolled participant shall not be liable to the provider for any
48.46.243
(2008 Ed.)
Health Maintenance Organizations
sums owed by the health maintenance organization. Every
such contract shall provide that this requirement shall survive
termination of the contract.
(2) The provisions of subsection (1) of this section shall
not apply to emergency care from a provider who is not a participating provider, to out-of-area services or, in exceptional
situations approved in advance by the commissioner, if the
health maintenance organization is unable to negotiate reasonable and cost-effective participating provider contracts.
(3)(a) Each participating provider contract form shall be
filed with the commissioner fifteen days before it is used.
(b) Any contract form not affirmatively disapproved
within fifteen days of filing shall be deemed approved, except
that the commissioner may extend the approval period an
additional fifteen days upon giving notice before the expiration of the initial fifteen-day period. The commissioner may
approve such a contract form for immediate use at any time.
Approval may be subsequently withdrawn for cause.
(c) Subject to the right of the health maintenance organization to demand and receive a hearing under chapters 48.04
and 34.05 RCW, the commissioner may disapprove such a
contract form if it is in any respect in violation of this chapter
or if it fails to conform to minimum provisions or standards
required by the commissioner by rule under chapter 34.05
RCW.
(4) No participating provider, or insurance producer,
trustee, or assignee thereof, may maintain an action against
an enrolled participant to collect sums owed by the health
maintenance organization. [2008 c 217 § 56; 1990 c 119 § 7.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.46.245 Plan for handling insolvency—Commissioner’s review. Each health maintenance organization shall
have a plan for handling insolvency which allows for continuation of benefits for the duration of the agreement period for
which premiums have been paid and continuation of benefits
to members who are confined on the date of insolvency in an
inpatient facility until their discharge or expiration of benefits. The commissioner shall approve such a plan if it
includes:
(1) Insurance to cover the expenses to be paid for continued benefits after insolvency;
(2) Provisions in provider contracts that obligate the provider to provide services for the duration of the period after
the health maintenance organization’s insolvency for which
premium payment has been made and until the enrolled participants’ discharge from inpatient facilities;
(3) Use of insolvency reserves established under RCW
48.46.240;
(4) Acceptable letters of credit or approved surety bonds;
or
(5) Any other arrangements the commissioner and the
organization mutually agree are appropriate to assure that
benefits are continued. [1990 c 119 § 8.]
48.46.245
48.46.247 Insolvency—Commissioner’s duties—Participants’ options—Allocation of coverage. (1)(a) In the
event of insolvency of a health care service contractor or
health maintenance organization and upon order of the commissioner, all other carriers then having active enrolled par48.46.247
(2008 Ed.)
48.46.247
ticipants under a group plan with the affected agreement
holder that participated in the enrollment process with the
insolvent health care service contractor or health maintenance organization at a group’s last regular enrollment period
shall offer the eligible enrolled participants of the insolvent
health services contractor or health maintenance organization
the opportunity to enroll in an existing group plan without
medical underwriting during a thirty-day open enrollment
period, commencing on the date of the insolvency. Eligible
enrolled participants shall not be subject to preexisting condition limitations except to the extent that a waiting period for
a preexisting condition has not been satisfied under the insolvent carrier’s group plan. An open enrollment shall not be
required where the agreement holder participates in a selfinsured, self-funded, or other health plan exempt from commissioner rule, unless the plan administrator and agreement
holder voluntarily agree to offer a simultaneous open enrollment and extend coverage under the same enrollment terms
and conditions as are applicable to carriers under this title and
rules adopted under this title. If an exempt plan was offered
during the last regular open enrollment period, then the carrier may offer the agreement holder the same coverage as any
self-insured plan or plans offered by the agreement holder
without regard to coverage, benefit, or provider requirements
mandated by this title for the duration of the current agreement period.
(b) For purposes of this subsection only, the term "carrier" means a health maintenance organization or a health
care service contractor. In the event of insolvency of a carrier
and if no other carrier has active enrolled participants under a
group plan with the affected agreement holder, or if the commissioner determines that the other carriers lack sufficient
health care delivery resources to assure that health services
will be available or accessible to all of the group enrollees of
the insolvent carrier, then the commissioner shall allocate
equitably the insolvent carrier’s group agreements for these
groups among all carriers that operate within a portion of the
insolvent carrier’s area, taking into consideration the health
care delivery resources of each carrier. Each carrier to which
a group or groups are allocated shall offer the agreement
holder, without medical underwriting, the carrier’s existing
coverage that is most similar to each group’s coverage with
the insolvent carrier at rates determined in accordance with
the successor carrier’s existing rating methodology. The eligible enrolled participants shall not be subject to preexisting
condition limitations except to the extent that a waiting
period for a preexisting condition has not been satisfied under
the insolvent carrier’s group plan. No offering by a carrier
shall be required where the agreement holder participates in a
self-insured, self-funded, or other health plan exempt from
commissioner rule. The carrier may offer the agreement
holder the same coverage as any self-insured plan or plans
offered by the agreement holder without regard to coverage,
benefit, or provider requirements mandated by this title for
the duration of the current agreement period.
(2) The commissioner shall also allocate equitably the
insolvent carrier’s nongroup enrolled participants who are
unable to obtain coverage among all carriers that operate
within a portion of the insolvent carrier’s service area, taking
into consideration the health care delivery resources of the
carrier. Each carrier to which nongroup enrolled participants
[Title 48 RCW—page 377]
48.46.250
Title 48 RCW: Insurance
are allocated shall offer the nongroup enrolled participants
the carrier’s existing comprehensive conversion plan, without additional medical underwriting, at rates determined in
accordance with the successor carrier’s existing rating methodology. The eligible enrolled participants shall not be subject to preexisting condition limitations except to the extent
that a waiting period for a preexisting condition has not been
satisfied under the insolvent carrier’s plan.
(3) Any agreements covering participants allocated pursuant to subsections (1)(b) and (2) of this section to carriers
pursuant to this section may be rerated after ninety days of
coverage.
(4) A limited health care service contractor shall not be
required to offer services other than its one limited health
care service to any enrolled participant of an insolvent carrier. [1990 c 119 § 9.]
48.46.250 Coverage of dependent children—Newborn infants, congenital anomalies—Notification period.
(1) Any health maintenance agreement under this chapter
which provides coverage for dependent children of the
enrolled participant shall provide the same coverage for newborn infants of the enrolled participant from and after the
moment of birth. Coverage provided under this section shall
include, but not be limited to, coverage for congenital anomalies of such children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the agreement may require that
notification of birth of a newly born child and payment of the
required premiums must be furnished to the health maintenance organization. The notification period shall be no less
than sixty days from the date of birth. This subsection applies
to agreements issued or renewed on or after January 1, 1984.
[1984 c 4 § 2; 1983 c 202 § 12.]
48.46.250
48.46.260 Individual health maintenance agreement—Return within ten days of delivery—Refunds—
Void from beginning. (Effective until July 1, 2009.) Every
subscriber of an individual health maintenance agreement
may return the agreement to the health maintenance organization or the agent through whom it was purchased within ten
days of its delivery to the subscriber if, after examination of
the agreement, the subscriber is not satisfied with it for any
reason. The health maintenance organization shall refund
promptly any fee paid for the agreement. An additional ten
percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy to
the health maintenance organization or agent. Upon such
return of the agreement, it shall be void from the beginning
and the parties shall be in the same position as if no agreement had been issued. Notice of the provisions of this section
shall be printed on the face of each such agreement or be
attached thereto. [1983 c 202 § 13.]
48.46.260
48.46.260 Individual health maintenance agreement—Return within ten days of delivery—Refunds—
Void from beginning. (Effective July 1, 2009.) Every subscriber of an individual health maintenance agreement may
return the agreement to the health maintenance organization
or the insurance producer through whom it was purchased
48.46.260
[Title 48 RCW—page 378]
within ten days of its delivery to the subscriber if, after examination of the agreement, the subscriber is not satisfied with it
for any reason. The health maintenance organization shall
refund promptly any fee paid for the agreement. An additional ten percent penalty shall be added to any premium
refund due which is not paid within thirty days of return of
the policy to the health maintenance organization or insurance producer. Upon such return of the agreement, it shall be
void from the beginning and the parties shall be in the same
position as if no agreement had been issued. Notice of the
provisions of this section shall be printed on the face of each
such agreement or be attached thereto. [2008 c 217 § 57;
1983 c 202 § 13.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.46.270 Financial interests of health maintenance
organization authorities, restricted—Exceptions, regulations. (1) No person having any authority in the investment
or disposition of the funds of a health maintenance organization and no officer or director of a health maintenance organization shall accept, except for the health maintenance organization, or be the beneficiary of any fee, brokerage, gift,
commission, or other emolument because of any sale of
health care service agreements or any investment, loan,
deposit, purchase, sale, payment, or exchange made by or for
the health maintenance organization, or be pecuniarily interested therein in any capacity; except, that such a person may
procure a loan from the health maintenance organization
directly upon approval by two-thirds of its directors and upon
the pledge of securities eligible for the investment of the
health maintenance organization’s funds under this title.
(2) The commissioner may, by regulations, from time to
time, define and permit additional exceptions to the prohibition contained in subsection (1) of this section solely to
enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the health
maintenance organization, or to a corporation or firm in
which the director is interested, for necessary services performed or sales or purchases made to or for the health maintenance organization in the ordinary course of the health
maintenance organization’s business and in the usual private
professional or business capacity of the director or the corporation or firm. [1985 c 320 § 5; 1983 c 202 § 14.]
48.46.270
48.46.272 Diabetes coverage—Definitions. The legislature finds that diabetes imposes a significant health risk and
tremendous financial burden on the citizens and government
of the state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and supplies, and self-management training and education is crucial
to prevent or delay the short and long-term complications of
diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
48.46.272
(2008 Ed.)
Health Maintenance Organizations
(2) All health benefit plans offered by health maintenance organizations, issued or renewed after January 1, 1998,
shall provide benefits for at least the following services and
supplies for persons with diabetes:
(a) For health benefit plans that include coverage for
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all health benefit plans, outpatient self-management training and education, including medical nutrition
therapy, as ordered by the health care provider. Diabetes outpatient self-management training and education may be provided only by health care providers with expertise in diabetes. Nothing in this section prevents the health maintenance
organization from restricting patients to seeing only health
care providers who have signed participating provider agreements with the health maintenance organization or an insuring entity under contract with the health maintenance organization.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements.
(6) The health maintenance organization need not
include the coverage required in this section in a group contract offered to an employer or other group that offers to its
eligible enrollees a self-insured health plan not subject to
mandated benefits status under this title that does not offer
coverage similar to that mandated under this section.
(7) This section does not apply to the health benefit plans
that provide benefits identical to the schedule of services covered by the basic health plan. [2004 c 244 § 14; 1997 c 276 §
5.]
48.46.291
prevent the application of standard agreement provisions
applicable to other benefits such as deductible or copayment
provisions. This section does not limit the authority of a
health maintenance organization to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified
disease or other limited benefits. [1994 sp.s. c 9 § 735; 1989
c 338 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.46.277 Prostate cancer screening. (1) Each health
maintenance agreement issued or renewed after December
31, 2006, that provides coverage for hospital or medical
expenses shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient’s physician, advanced registered
nurse practitioner, or physician assistant.
(2) All services must be provided by the health maintenance organization or rendered upon a referral by the health
maintenance organization.
(3) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of a health maintenance
organization to negotiate rates and contract with specific providers for the delivery of prostate cancer screening services.
This section shall not apply to medicare supplemental policies or supplemental contracts covering a specified disease or
other limited benefits. [2006 c 367 § 5.]
48.46.277
48.46.280 Reconstructive breast surgery. (1) Any
health care service plan issued, amended, or renewed after
July 24, 1983, shall provide coverage for reconstructive
breast surgery resulting from a mastectomy which resulted
from disease, illness, or injury.
(2) Any health care service plan issued, amended, or
renewed after January 1, 1986, shall provide coverage for all
stages of one reconstructive breast reduction on the nondiseased breast to make it equal in size with the diseased breast
after definitive reconstructive surgery on the diseased breast
has been performed. [1985 c 54 § 8; 1983 c 113 § 4.]
48.46.280
Effective date—1985 c 54: See note following RCW 48.20.397.
Application—2004 c 244: See note following RCW 48.21.045.
Effective date—1997 c 276: See note following RCW 41.05.185.
48.46.275 Mammograms—Insurance coverage.
Each health maintenance agreement issued or renewed after
January 1, 1990, that provides benefits for hospital or medical care shall provide benefits for screening or diagnostic
mammography services, provided that such services are
delivered upon the recommendation of the patient’s physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant to
chapter 18.79 RCW or physician assistant pursuant to chapter
18.71A RCW.
All services must be provided by the health maintenance
organization or rendered upon referral by the health maintenance organization. This section shall not be construed to
48.46.275
(2008 Ed.)
48.46.285 Mastectomy, lumpectomy. No health maintenance organization under this chapter may refuse coverage
or cancel or decline coverage solely because of a mastectomy
or lumpectomy performed on the insured or prospective
insured more than five years previously. The amount of benefits payable, or any term, rate, condition, or type of coverage
shall not be restricted, modified, excluded, increased, or
reduced solely on the basis of a mastectomy or lumpectomy
performed on the insured or prospective insured more than
five years previously. [1985 c 54 § 4.]
48.46.285
Effective date—1985 c 54: See note following RCW 48.20.397.
48.46.291 Mental health services—Health plans—
Definition—Coverage required, when. (1) For the purposes of this section, "mental health services" means medi48.46.291
[Title 48 RCW—page 379]
48.46.292
Title 48 RCW: Insurance
cally necessary outpatient and inpatient services provided to
treat mental disorders covered by the diagnostic categories
listed in the most current version of the diagnostic and statistical manual of mental disorders, published by the American
psychiatric association, on July 24, 2005, or such subsequent
date as may be provided by the insurance commissioner by
rule, consistent with the purposes of chapter 6, Laws of 2005,
with the exception of the following categories, codes, and
services: (a) Substance related disorders; (b) life transition
problems, currently referred to as "V" codes, and diagnostic
codes 302 through 302.9 as found in the diagnostic and statistical manual of mental disorders, 4th edition, published by
the American psychiatric association; (c) skilled nursing
facility services, home health care, residential treatment, and
custodial care; and (d) court ordered treatment unless the
health maintenance organization’s medical director or designee determines the treatment to be medically necessary.
(2) All health benefit plans offered by health maintenance organizations that provide coverage for medical and
surgical services shall provide:
(a) For all group health benefit plans for groups other
than small groups, as defined in RCW 48.43.005 delivered,
issued for delivery, or renewed on or after January 1, 2006,
coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(b) For all health benefit plans delivered, issued for
delivery, or renewed on or after January 1, 2008, coverage
for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services;
and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(c) For all health benefit plans delivered, issued for
delivery, or renewed on or after July 1, 2010, coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the health benefit plan. Wellness
and preventive services that are provided or reimbursed at a
[Title 48 RCW—page 380]
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the health benefit plan imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services. If
the health benefit plan imposes any deductible, mental health
services shall be included with medical and surgical services
for the purpose of meeting the deductible requirement. Treatment limitations or any other financial requirements on coverage for mental health services are only allowed if the same
limitations or requirements are imposed on coverage for
medical and surgical services; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered by the health benefit plan.
(3) In meeting the requirements of subsection (2)(a) and
(b) of this section, health benefit plans may not reduce the
number of mental health outpatient visits or mental health
inpatient days below the level in effect on July 1, 2002.
(4) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(5) Nothing in this section shall be construed to prevent
the management of mental health services. [2007 c 8 § 4;
2006 c 74 § 3; 2005 c 6 § 5.]
Effective date—2007 c 8: See note following RCW 48.20.580.
Effective date—2006 c 74: See note following RCW 48.21.241.
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
48.46.292 Mental health treatment—Waiver of preauthorization for persons involuntarily committed. A
health maintenance organization providing services or benefits for hospital or medical care coverage in this state shall
waive a preauthorization from the health maintenance organization before an enrolled participant or the enrolled participant’s covered dependents receive mental health treatment
rendered by a state hospital as defined in RCW 72.23.010 if
the enrolled participant or the enrolled participant’s covered
dependents are involuntarily committed to a state hospital as
defined in RCW 72.23.010. [1993 c 272 § 5.]
48.46.292
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
48.46.300 Future dividends or refunds, restricted—
Issuance or sale of securities regulated. (1) No health
maintenance organization nor any individual acting in behalf
thereof may guarantee or agree to the payment of future dividends or future refunds of unused charges or savings in any
specific or approximate amounts or percentages in respect to
any contract being offered to the public, except in a group
contract containing an experience refund provision.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health maintenance organization domiciled in this state other than the memberships and
bonds of a nonprofit corporation are subject to the provisions
of chapter 48.06 RCW relating to obtaining solicitation permits. [1983 c 106 § 8.]
48.46.300
(2008 Ed.)
Health Maintenance Organizations
48.46.310 Registration not endorsement. The granting of a certificate of registration to a health maintenance
organization is permissive only, and does not constitute an
endorsement by the insurance commissioner of any person or
thing related to the health maintenance organization, and no
person may advertise or display a certificate of registration
for use as an inducement in any solicitation. [1983 c 106 § 9.]
48.46.310
48.46.320 Dependent children, termination of coverage, conditions. Any health maintenance agreement which
provides that coverage of a dependent child shall terminate
upon attainment of the limiting age for dependent children
specified in the agreement shall also provide in substance that
attainment of such limiting age shall not operate to terminate
the coverage of such child while the child is and continues to
be both: (1) Incapable of self-sustaining employment by reason of developmental disability or physical handicap; and (2)
chiefly dependent upon the subscriber for support and maintenance, if proof of such incapacity and dependency is furnished to the health maintenance organization by the enrolled
participant within thirty-one days of the child’s attainment of
the limiting age and subsequently as required by the health
maintenance organization but not more frequently than annually after the two-year period following the child’s attainment
of the limiting age. [1985 c 320 § 6; 1983 c 106 § 10.]
48.46.320
48.46.325 Option to cover dependents under age
twenty-five. (Effective January 1, 2009.) (1) Any individual health maintenance agreement that provides coverage for
a subscriber’s dependent must offer the option of covering
any unmarried dependent under the age of twenty-five.
(2) Any group health maintenance agreement that provides coverage for a participating member’s dependent must
offer each participating member the option of covering any
unmarried dependent under the age of twenty-five. [2007 c
259 § 22.]
48.46.325
Effective date—2007 c 259 §§ 18-22: See note following RCW
41.05.095.
Severability—Subheadings not law—2007 c 259: See notes following RCW 41.05.033.
48.46.340 Return of agreement within ten days.
(Effective until July 1, 2009.) Every subscriber of an individual health maintenance agreement may return the agreement to the health maintenance organization or the agent
through whom it was purchased within ten days of its delivery to the subscriber if, after examination of the agreement,
the subscriber is not satisfied with it for any reason. The
health maintenance organization shall refund promptly any
fee paid for the agreement. Upon such return of the agreement, it shall be void from the beginning and the parties shall
be in the same position as if no agreement had been issued.
Notice of the substance of this section shall be printed on the
face of each such agreement or be attached thereto. [1983 c
106 § 12.]
48.46.340
48.46.340 Return of agreement within ten days.
(Effective July 1, 2009.) Every subscriber of an individual
health maintenance agreement may return the agreement to
the health maintenance organization or the insurance producer through whom it was purchased within ten days of its
48.46.340
(2008 Ed.)
48.46.360
delivery to the subscriber if, after examination of the agreement, the subscriber is not satisfied with it for any reason.
The health maintenance organization shall refund promptly
any fee paid for the agreement. Upon such return of the
agreement, it shall be void from the beginning and the parties
shall be in the same position as if no agreement had been
issued. Notice of the substance of this section shall be printed
on the face of each such agreement or be attached thereto.
[2008 c 217 § 58; 1983 c 106 § 12.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.46.350 Chemical dependency treatment. Each
group agreement for health care services that is delivered or
issued for delivery or renewed on or after January 1, 1988,
must contain provisions providing benefits for the treatment
of chemical dependency rendered to covered persons by a
provider which is an "approved treatment program" under
RCW 70.96A.020(3). However, this section does not apply
to any agreement written as supplemental coverage to any
federal or state programs of health care including, but not
limited to, Title XVIII health insurance for the aged, which is
commonly referred to as Medicare, Parts A&B, and amendments thereto. Treatment must be covered under the chemical dependency coverage if treatment is rendered by the
health maintenance organization or if the health maintenance
organization refers the enrolled participant or the enrolled
participant’s dependents to a physician licensed under chapter 18.57 or 18.71 RCW, or to a qualified counselor
employed by an approved treatment program described in
RCW 70.96A.020(3). In all cases, a health maintenance
organization retains the right to diagnose the presence of
chemical dependency and select the modality of treatment
that best serves the interest of the health maintenance organization’s enrolled participant, or the enrolled participant’s
covered dependent. [2003 c 248 § 19; 1990 1st ex.s. c 3 § 14;
1987 c 458 § 18; 1983 c 106 § 13.]
48.46.350
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
Chemical dependency benefits, rules: RCW 48.21.197.
48.46.355 "Chemical dependency" defined. For the
purposes of RCW 48.46.350, "chemical dependency" means
an illness characterized by a physiological of psychological
dependency, or both, on a controlled substance regulated
under chapter 69.50 RCW and/or alcoholic beverages. It is
further characterized by a frequent or intense pattern of
pathological use to the extent the user exhibits a loss of selfcontrol over the amount and circumstances of use; develops
symptoms of tolerance or physiological and/or psychological
withdrawal if use of the controlled substance or alcoholic
beverage is reduced or discontinued; and the user’s health is
substantially impaired or endangered or his or her social or
economic function is substantially disrupted. [1987 c 458 §
19.]
48.46.355
Effective date—Severability—1987 c 458: See notes following RCW
48.21.160.
48.46.360 Payment of cost of agreement directly to
holder during labor dispute—Changes restricted—
Notice to employee. Any employee whose compensation
48.46.360
[Title 48 RCW—page 381]
48.46.370
Title 48 RCW: Insurance
includes a health maintenance agreement, the cost of which is
paid in full or in part by an employer including the state of
Washington, its political subdivisions, or municipal corporations, or paid by payroll deduction, may pay the cost as it
becomes due directly to the agreement holder whenever the
employee’s compensation is suspended or terminated
directly or indirectly as a result of a strike, lockout, or other
labor dispute, for a period not exceeding six months and at
the rate and coverages as the health maintenance agreement
provides. During that period of time, such agreement may not
be altered or changed. Nothing in this section impairs the
right of the health maintenance organization to make normal
decreases or increases in the cost of the health maintenance
agreement upon expiration and renewal of the agreement, in
accordance with the agreement. Thereafter, if such health
maintenance agreement is no longer available, the employee
shall be given the opportunity to convert as specified in RCW
48.46.450 and 48.46.460. When the employee’s compensation is so suspended or terminated, the employee shall be
notified immediately by the agreement holder in writing, by
mail addressed to the address last of record with the agreement holder, that the employee may pay the cost of the health
maintenance agreement to the agreement holder as it
becomes due as provided in this section. Payment must be
made when due or the coverage may be terminated by the
health maintenance organization. [1985 c 7 § 116; 1983 c
106 § 14.]
48.46.370
48.46.370 Coverage not denied for handicap. No
health maintenance organization may deny coverage to a person solely on account of the presence of any sensory, mental,
or physical handicap. Nothing in this section may be construed as limiting a health maintenance organization’s
authority to deny or otherwise limit coverage to a person
when the person because of a medical condition does not
meet the essential eligibility requirements established by the
health maintenance organization for purposes of determining
coverage for any person. [1983 c 106 § 15.]
48.46.380 Notice of reason for cancellation, denial, or
refusal to renew agreement. Every authorized health maintenance organization, upon canceling, denying, or refusing to
renew any individual health maintenance agreement, shall,
upon written request, directly notify in writing the applicant
or enrolled participant as appropriate, of the reasons for the
action by the health maintenance organization. Any benefits,
terms, rates, or conditions of such agreement which are
restricted, excluded, modified, increased, or reduced shall,
upon written request, be set forth in writing and supplied to
the individual. The written communications required by this
section shall be phrased in simple language which is readily
understandable to a person of average intelligence, education,
and reading ability. [1993 c 492 § 291; 1983 c 106 § 16.]
48.46.380
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
48.46.390 Providing information on cancellation or
refusal—No liability for insurance commissioner or
health maintenance organization. With respect to the provisions of health maintenance agreements as set forth in
RCW 48.46.380, there shall be no liability on the part of, and
no cause of action of any nature shall arise against, the insurance commissioner, the commissioner’s agents, or members
of the commissioner’s staff, or against any health maintenance organization, its authorized representative, its agents,
its employees, for providing to the health maintenance organization information as to reasons for cancellation or refusal
to issue or renew, for libel or slander on the basis of any statement made by any of them in any written notice of cancellation or refusal to issue or renew, or in any other communications, oral or written, specifying the reasons for cancellation
or refusal to issue or renew or the providing of information
pertaining thereto, or for statements made or evidence submitted in any hearing conducted in connection therewith.
[1983 c 106 § 17.]
48.46.390
48.46.400 False or misleading advertising prohibited.
No person may knowingly make, publish, or disseminate any
false, deceptive, or misleading representation or advertising
in the conduct of the business of a health maintenance organization, or relative to the business of a health maintenance
organization or to any person engaged therein. [1983 c 106 §
18.]
48.46.400
48.46.375
48.46.375 Benefits for prenatal diagnosis of congenital disorders—Agreements entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group health maintenance agreement entered into or renewed
that covers hospital, medical, or surgical expenses and which
provides benefits for pregnancy, childbirth, or related medical conditions to enrollees of such groups, shall offer benefits
for prenatal diagnosis of congenital disorders of the fetus by
means of screening and diagnostic procedures during pregnancy to such enrollees when those services are determined
to be medically necessary by the health maintenance organization in accord with standards set in rule by the board of
health: PROVIDED, That such procedures shall be covered
only if rendered directly by the health maintenance organization or upon referral by the health maintenance organization.
Every group health maintenance organization shall communicate the availability of such coverage to all groups covered
and to all groups with whom they are negotiating. [1988 c
276 § 8.]
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
[Title 48 RCW—page 382]
48.46.410 Misrepresentations to induce termination
or retention of agreement prohibited. No health maintenance organization nor any person representing a health
maintenance organization may by misrepresentation or misleading comparisons induce or attempt to induce any member
of a health maintenance organization to terminate or retain an
agreement or membership in the organization. [1983 c 106 §
19.]
48.46.410
48.46.420 Penalty for violations. (1) Except as otherwise provided in this chapter, any health maintenance organization which, or person who, violates any provision of this
chapter is guilty of a gross misdemeanor.
48.46.420
(2008 Ed.)
Health Maintenance Organizations
(2) A health maintenance organization that fails to comply with the net worth requirements of this chapter must cure
that defect in compliance with an order of the commissioner
rendered in conformity with rules adopted pursuant to chapter 34.05 RCW. The commissioner is authorized to take
appropriate action to assure that the continued operation of
the health maintenance organization will not be hazardous to
its enrolled participants. [2003 c 250 § 12; 1990 c 119 § 10;
1983 c 106 § 20.]
Severability—2003 c 250: See note following RCW 48.01.080.
48.46.430 Enforcement authority of commissioner.
For the purposes of this chapter, the insurance commissioner
shall have the same powers and duties of enforcement as are
provided in RCW 48.02.080. [1983 c 106 § 21.]
48.46.430
48.46.440 Continuation option to be offered. Every
health maintenance organization that issues agreements providing group coverage for hospital or medical care shall offer
the agreement holder an option to include an agreement provision granting a person who becomes ineligible for coverage
under the group agreement, the right to continue the group
benefits for a period of time and at a rate agreed upon. The
agreement provision shall provide that when such coverage
terminates the covered person may convert to an agreement
as provided in RCW 48.46.450. [1984 c 190 § 8.]
48.46.440
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
Application—1984 c 190 §§ 2, 5, and 8: See note following RCW
48.21.250.
48.46.450 Conversion agreement to be offered—
Exceptions, conditions. (1) Except as otherwise provided
by this section, any group health maintenance agreement
entered into or renewed on or after January 1, 1985, that provides benefits for hospital or medical care shall contain a provision granting a person covered by the group agreement the
right to obtain a conversion agreement from the health maintenance organization upon termination of the person’s eligibility for coverage under the group agreement.
(2) A health maintenance organization need not offer a
conversion agreement to:
(a) A person whose coverage under the group agreement
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a person’s employment or membership is terminated for misconduct, a conversion policy shall be offered to the spouse and/or
dependents of the terminated employee or member. The policy shall include in the conversion provisions the same conversion rights and conditions which are available to employees or members and their spouses and/or dependents who are
terminated for reasons other than misconduct;
(b) A person who is eligible for federal Medicare coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion agreement, a person must
submit a written application and the first premium payment
for the conversion agreement not later than thirty-one days
after the date the person’s eligibility for group coverage ter48.46.450
(2008 Ed.)
48.46.480
minates. The conversion agreement shall become effective
without lapse of coverage, immediately following termination of coverage under the group agreement.
(4) If a health maintenance organization or group agreement holder does not renew, cancels, or otherwise terminates
the group agreement, the health maintenance organization
shall offer a conversion agreement to any person who was
covered under the terminated agreement unless the person is
eligible to obtain group benefits for hospital or medical care
within thirty-one days after such nonrenewal, cancellation, or
termination of the group agreement.
(5) The health maintenance organization shall determine
the premium for the conversion agreement in accordance
with the organization’s table of premium rates applicable to
the age and class of risk of each person to be covered under
the agreement and the type and amount of benefits provided.
[1984 c 190 § 9.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.46.460 Conversion agreement—Restrictions and
requirements. (1) A health maintenance organization must
offer a conversion agreement for comprehensive health care
services and shall not require proof of insurability as a condition for issuance of the conversion agreement.
(2) A conversion agreement may not contain an exclusion for preexisting conditions except to the extent that a
waiting period for a preexisting condition has not been satisfied under the group agreement.
(3) A conversion agreement need not provide benefits
identical to those provided under the group agreement. The
conversion agreement may contain provisions requiring the
person covered by the conversion agreement to pay reasonable deductibles and copayments.
(4) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion agreements.
(5) The commissioner shall adopt rules to establish specific standards for conversion agreement provisions. These
rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
(d) Definitions of terms. [1984 c 190 § 10.]
48.46.460
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.46.470 Endorsement of modifications. If an individual health care service agreement is issued on any basis
other than as applied for, an endorsement setting forth such
modification must accompany and be attached to the agreement. No agreement shall be effective unless the endorsement is signed by the applicant, and a signed copy thereof
returned to the health maintenance organization. [1985 c 320
§ 7.]
48.46.470
48.46.480 Continuation of coverage of former family
members. Every health care service agreement issued,
amended, or renewed after January 1, 1986, for an individual
and his or her dependents shall contain provisions to assure
that the covered spouse and/or dependents, in the event that
48.46.480
[Title 48 RCW—page 383]
48.46.490
Title 48 RCW: Insurance
any cease to be a qualified family member by reason of termination of marriage or death of the principal enrollee, shall
have the right to continue the health maintenance agreement
without a physical examination, statement of health, or other
proof of insurability. [1985 c 320 § 8.]
or upon the health maintenance organization’s referral. Formulas shall be covered at the usual and customary rates for
such formulas, subject to contract provisions with respect to
deductible amounts or co-payments. [1988 c 173 § 4.]
4 8. 4 6 . 5 2 0 Neu r od e v e lo p men t al t he r a p ie s —
Employer-sponsored group contracts. (1) Each employersponsored group contract for comprehensive health care service which is entered into, or renewed, on or after twelve
months after July 23, 1989, shall include coverage for neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Covered benefits and
treatment must be rendered or referred by the health maintenance organization, and delivered pursuant to the referral and
periodic review of a holder of a license issued pursuant to
chapter 18.71 or 18.57 RCW or where treatment is rendered
by such licensee. Nothing in this section shall prohibit a
health maintenance organization from negotiating rates with
qualified providers.
(3) Benefits provided under this section shall be for medically necessary services as determined by the health maintenance organization. Benefits shall be provided for the maintenance of a covered enrollee in cases where significant deterioration in the patient’s condition would result without the
service. Benefits shall be provided to restore and improve
function.
(4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits
required by this section, together with the health maintenance
organization, retain authority to design and employ utilization and cost controls. Therefore, benefits provided under this
section may be subject to contractual provisions regarding
deductible amounts and/or copayments established by the
employer purchasing coverage and the health maintenance
organization. Benefits provided under this section may be
subject to standard waiting periods for preexisting conditions, and may be subject to the submission of written treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the total
dollar benefits available, or may limit the number of services
delivered as agreed by the employer purchasing coverage and
the health maintenance organization. [1989 c 345 § 3.]
48.46.520
48.46.490 Coverage for adopted children. (1) Any
health maintenance agreement under this chapter which provides coverage for dependent children, as defined in the
agreement of the enrolled participant, shall cover adoptive
children placed with the enrolled participant on the same
basis as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the agreement may require that
notification of placement of a child for adoption and payment
of the required premium must be furnished to the health
maintenance organization. The notification period shall be no
less than sixty days from the date of placement. [1986 c 140
§ 5.]
48.46.490
Effective date, application—Severability—1986 c 140: See notes following RCW 48.01.180.
48.46.500 Cancellation of rider. Upon application by
an enrollee, a rider shall be canceled if at least five years after
its issuance, no health care services have been received by the
enrollee during that time for the condition specified in the
rider, and a physician, selected by the carrier for that purpose,
agrees in writing to the full medical recovery of the enrollee
from that condition, such agreement not to be unreasonably
withheld. The option of the enrollee to apply for cancellation
shall be disclosed on the face of the rider in clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 4.]
48.46.500
48.46.510 Phenylketonuria. (1) The legislature finds
48.46.510
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in
the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
agreement for health care services delivered or issued for
delivery or renewed in this state on or after September 1,
1988, shall provide coverage for the formulas necessary for
the treatment of phenylketonuria. Such formulas shall be covered when deemed medically necessary by the medical director or his or her designee of the health maintenance organization and if provided by the health maintenance organization
[Title 48 RCW—page 384]
48.46.530 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a health maintenance agreement entered into or renewed after
December 31, 1989, shall offer optional coverage for the
treatment of temporomandibular joint disorders.
(a) Health maintenance organizations offering medical
coverage only may limit benefits in such coverages to medical services related to treatment of temporomandibular joint
disorders. No health maintenance organizations offering
medical and dental coverage may limit benefits in such coverage to dental services related to treatment of temporoman48.46.530
(2008 Ed.)
Health Maintenance Organizations
dibular joint disorders. No health maintenance organization
offering medical coverage only may define all temporomandibular joint disorders as purely dental in nature.
(b) Health maintenance organizations offering optional
temporomandibular joint disorder coverage as provided in
this section may, but are not required to, offer lesser or no
temporomandibular joint disorder coverage as part of their
basic group disability contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
potential benefit coverage. This flexibility shall apply to services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which services are to be provided, including referral systems and use of
other providers, and related issues.
(2) Unless otherwise directed by law, the insurance commissioner shall adopt rules, to be implemented on January 1,
1993, establishing minimum benefits, terms, definitions, conditions, limitations, and provisions for the use of reasonable
deductibles and copayments.
(3) A health maintenance organization need not make the
offer of coverage required by this section to an employer or
other group that offers to its eligible enrollees a self-insured
health plan not subject to mandated benefit statutes under
Title 48 RCW that does not provide coverage for temporomandibular joint disorders. [1989 c 331 § 4.]
Legislative finding—Effective date—1989 c 331: See notes following
RCW 48.21.320.
48.46.535 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written
record required. Health maintenance organizations who
through an authorized representative have first approved, by
any means, an individual prescription claim as eligible may
not reject that claim at some later date. Pharmacists or drug
dispensing outlets who obtain preapproval of claims shall
keep a written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 5.]
48.46.535
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.46.580
or partial customer list, shall be confidential and exempt from
public disclosure, and from the requirements of chapter 42.56
RCW. The board or the department shall not be restricted in
the disclosure of the name of a nonresident pharmacy that is
or has been licensed under RCW 18.64.360 or 18.64.370 or
of the identity of a nonresident pharmacy disciplined under
RCW 18.64.350 through 18.64.400. [2005 c 274 § 315; 1991
c 87 § 10.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—1991 c 87: See note following RCW 18.64.350.
48.46.565 Foot care services. Except to the extent that
a health maintenance organization contracts with a group
medical practice which only treats that organization’s
patients, a health maintenance organization may not discriminate in the terms and conditions, including reimbursement,
for the provision of foot care services between physicians and
surgeons licensed under chapters 18.22, 18.57, and 18.71
RCW. [1999 c 64 § 1.]
48.46.565
Intent—1999 c 64: "This act is intended to be procedural and not to
impair the obligation of any existing contract." [1999 c 64 § 2.]
Severability—1999 c 64: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1999 c 64 § 3.]
48.46.570 Denturist services. Notwithstanding any
provision of any health maintenance organization agreement
covering dental care as provided for in this chapter, effective
January 1, 1995, benefits shall not be denied thereunder for
any service performed by a denturist licensed under chapter
18.30 RCW if (1) the service performed was within the lawful scope of such person’s license, and (2) such agreement
would have provided benefits if such service had been performed by a dentist licensed under chapter 18.32 RCW.
[1995 c 1 § 25 (Initiative Measure No. 607, approved
November 8, 1994).]
48.46.570
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.46.575 Doctor of osteopathic medicine and surgery—Discrimination based on board certification is prohibited. A health maintenance organization that provides
health care services to the general public may not discriminate against a qualified doctor of osteopathic medicine and
surgery licensed under chapter 18.57 RCW, who has applied
to practice with the health maintenance organization, solely
because that practitioner was board certified or eligible under
an approved osteopathic certifying board instead of board
certified or eligible respectively under an approved medical
certifying board. [1995 c 64 § 1.]
48.46.575
48.46.540 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or delivers, in any manner, except when delivered in person to an
enrolled participant or his/her representative, controlled substances, legend drugs, or devices into this state.
After October 1, 1991, a health maintenance organization providing coverage of prescription drugs from nonresident pharmacies may only provide coverage from licensed
nonresident pharmacies. The health maintenance organizations shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of licensure on file.
The department may request from the health maintenance organization the proof of current licensure for all nonresident pharmacies through which the insurer is providing
coverage for prescription drugs for residents of the state of
Washington. This information, which may constitute a full
48.46.540
(2008 Ed.)
48.46.580 When injury caused by intoxication or use
of narcotics. A health maintenance organization may not
deny coverage for the treatment of an injury solely because
the injury was sustained as a consequence of the enrolled participant’s being intoxicated or under the influence of a narcotic. [2004 c 112 § 5.]
48.46.580
Finding—Application—2004 c 112: See notes following RCW
48.20.385.
[Title 48 RCW—page 385]
48.46.600
Title 48 RCW: Insurance
48.46.600 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
health maintenance organization domiciled in this state shall
file a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals,
cancellations, or revisions of ceded reinsurance agreements
unless these acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner
for review, approval, or information purposes under other
provisions of this title or other requirements.
(2) The report required in subsection (1) of this section is
due within fifteen days after the end of the calendar month in
which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.46.605 through
48.46.625 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior written consent of the health maintenance organization to which
it pertains unless the commissioner, after giving the health
maintenance organization that would be affected by disclosure notice and a hearing under chapter 48.04 RCW, determines that the interest of policyholders, subscribers, shareholders, or the public will be served by the publication, in
which event the commissioner may publish all or any part of
the report in the manner he or she deems appropriate. [1995
c 86 § 19.]
48.46.600
48.46.605 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported pursuant to RCW 48.46.600 if the acquisitions or dispositions are
not material. For purposes of RCW 48.46.600 through
48.46.625, a material acquisition, or the aggregate of any
series of related acquisitions during any thirty-day period; or
disposition, or the aggregate of any series of related dispositions during any thirty-day period is an acquisition or disposition that is nonrecurring and not in the ordinary course of
business and involves more than five percent of the reporting
health maintenance organization’s total assets as reported in
its most recent statutory statement filed with the commissioner. [1995 c 86 § 20.]
48.46.605
48.46.610 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.46.600 through
48.46.625 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting health maintenance organization or the acquisition
of materials for such purpose.
(2) Asset dispositions subject to RCW 48.46.600
through 48.46.625 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandon48.46.610
[Title 48 RCW—page 386]
ment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 21.]
48.46.615 Report of a material acquisition or disposition of assets—Information required. The following information is required to be disclosed in any report of a material
acquisition or disposition of assets:
(1) Date of the transaction;
(2) Manner of acquisition or disposition;
(3) Description of the assets involved;
(4) Nature and amount of the consideration given or
received;
(5) Purpose of or reason for the transaction;
(6) Manner by which the amount of consideration was
determined;
(7) Gain or loss recognized or realized as a result of the
transaction; and
(8) Names of the persons from whom the assets were
acquired or to whom they were disposed. [1995 c 86 § 22.]
48.46.615
48.46.620 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.46.600 if the
nonrenewals, cancellations, or revisions are not material. For
purposes of RCW 48.46.600 through 48.46.625, a material
nonrenewal, cancellation, or revision is one that affects:
(a) More than fifty percent of a health maintenance organization’s total reserve credit taken for business ceded, on an
annualized basis, as indicated in the health maintenance organization’s most recent annual statement;
(b) More than ten percent of a health maintenance organization’s total cession when it is replaced by one or more
unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if a health maintenance organization’s total reserve credit taken for business
ceded represents, on an annualized basis, less than ten percent
of the statutory reserve requirement prior to any cession.
[1995 c 86 § 23.]
48.46.620
48.46.625 Report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements—Information required. The following is required to be disclosed
in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(1) The effective date of the nonrenewal, cancellation or
revision;
(2) The description of the transaction with an identification of the initiator;
(3) The purpose of or reason for the transaction; and
(4) If applicable, the identity of the replacement reinsurers. [1995 c 86 § 24.]
48.46.625
48.46.900 Liberal construction. It is intended that the
provisions of this chapter shall be liberally construed to
48.46.900
(2008 Ed.)
Mandated Health Benefits
accomplish the purposes provided for and authorized herein.
[1975 1st ex.s. c 290 § 24.]
48.46.910 Severability—1975 1st ex.s. c 290. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 290 § 26.]
48.46.910
48.46.920 Short title. This 1975 amendatory act may
be known and cited as "The Washington Health Maintenance
Organization Act of 1975". [1975 1st ex.s. c 290 § 27.]
48.46.920
Chapter 48.47
Chapter 48.47 RCW
MANDATED HEALTH BENEFITS
Sections
48.47.005
48.47.010
48.47.020
48.47.030
48.47.900
Legislative findings—Purpose.
Definitions.
Submission of mandated health benefit proposal—Review—
Benefit must be authorized by law.
Mandated health benefit proposal—Guidelines for assessing
impact—Inclusion of ad hoc review panels—Health care
authority.
Severability—1997 c 412.
48.47.005 Legislative findings—Purpose. The legislature finds that there is a continued interest in mandating certain health coverages or offering of health coverages by
health carriers; and that improved access to these health care
services to segments of the population which desire them can
provide beneficial social and health consequences which may
be in the public interest.
The legislature finds further, however, that the cost ramifications of expanding health coverages is of continuing concern; and that the merits of a particular mandated benefit
must be balanced against a variety of consequences which
may go far beyond the immediate impact upon the cost of
insurance coverage. The legislature hereby finds and declares
that a systematic review of proposed mandated benefits,
which explores all the ramifications of such proposed legislation, will assist the legislature in determining whether mandating a particular coverage or offering is in the public interest. The purpose of this chapter is to establish a procedure for
the proposal, review, and determination of mandated benefit
necessity. [1997 c 412 § 1; 1984 c 56 § 1. Formerly RCW
48.42.060.]
48.47.005
48.47.010 Definitions. Unless otherwise specifically
provided, the definitions in this section apply throughout this
chapter.
(1) "Appropriate committees of the legislature" or "committees" means nonfiscal standing committees of the Washington state senate and house of representatives that have
jurisdiction over statutes that regulate health carriers, health
care facilities, health care providers, or health care services.
(2) "Department" means the Washington state department of health.
(3) "Health care facility" or "facility" means hospices
licensed under chapter 70.127 RCW, hospitals licensed under
chapter 70.41 RCW, rural health care facilities as defined in
RCW 70.175.020, psychiatric hospitals licensed under chap48.47.010
(2008 Ed.)
48.47.020
ter 71.12 RCW, nursing homes licensed under chapter 18.51
RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers
licensed under chapter 70.41 RCW, ambulatory diagnostic,
treatment, or surgical facilities licensed under chapter 70.41
RCW, drug and alcohol treatment facilities licensed under
chapter 70.96A RCW, and home health agencies licensed
under chapter 70.127 RCW, and includes such facilities if
owned and operated by a political subdivision or instrumentality of the state, and such other facilities as required by federal law and implementing regulations.
(4) "Health care provider" or "provider" means:
(a) A person regulated under Title 18 or chapter 70.127
RCW, to practice health or health-related services or otherwise practicing health care services in this state consistent
with state law; or
(b) An employee or agent of a person described in (a) of
this subsection, acting in the course and scope of his or her
employment.
(5) "Health care service" or "service" means a service,
drug, or medical equipment offered or provided by a health
care facility and a health care provider relating to the prevention, cure, or treatment of illness, injury, or disease.
(6) "Health carrier" or "carrier" means a disability
insurer regulated under chapter 48.20 or 48.21 RCW, a health
care service contractor as defined in RCW 48.44.010, a
health maintenance organization as defined in RCW
48.46.020, plans operating under the state health care authority under chapter 41.05 RCW, the state health insurance pool
operating under chapter 48.41 RCW, and insuring entities
regulated in chapter 48.43 RCW.
(7) "Mandated health benefit," "mandated benefit," or
"benefit" means coverage or offering required by law to be
provided by a health carrier to: (a) Cover a specific health
care service or services; (b) cover treatment of a specific condition or conditions; or (c) contract, pay, or reimburse specific categories of health care providers for specific services;
however, it does not mean benefits established pursuant to
chapter 74.09, 41.05, or 70.47 RCW, or scope of practice
modifications pursuant to chapter 18.120 RCW. [1997 c 412
§ 2.]
48.47.020 Submission of mandated health benefit
proposal—Review—Benefit must be authorized by law.
Mandated health benefits shall be established as follows:
(1) Every person who, or organization that, seeks to
establish a mandated benefit shall, at least ninety days prior
to a regular legislative session, submit a mandated benefit
proposal to the appropriate committees of the legislature,
assessing the social impact, financial impact, and evidence of
health care service efficacy of the benefit in strict adherence
to the criteria enumerated in RCW 48.47.030.
(2) The chair of a committee may request that the department examine the proposal using the criteria set forth in
RCW 48.47.030, however, such request must be made no
later than nine months prior to a subsequent regular legislative session.
(3) To the extent that funds are appropriated for this purpose, the department shall report to the appropriate committees of the legislature on the appropriateness of adoption no
48.47.020
[Title 48 RCW—page 387]
48.47.030
Title 48 RCW: Insurance
later than thirty days prior to the legislative session during
which the proposal is to be considered.
(4) Mandated benefits must be authorized by law. [1997
c 412 § 3; 1989 1st ex.s. c 9 § 221; 1987 c 150 § 79; 1984 c
56 § 2. Formerly RCW 48.42.070.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1987 c 150: See RCW 18.122.901.
48.47.030 Mandated health benefit proposal—
Guidelines for assessing impact—Inclusion of ad hoc
review panels—Health care authority. (1) Based on the
availability of relevant information, the following criteria
shall be used to assess the impact of proposed mandated benefits:
(a) The social impact: (i) To what extent is the benefit
generally utilized by a significant portion of the population?
(ii) To what extent is the benefit already generally available?
(iii) If the benefit is not generally available, to what extent
has its unavailability resulted in persons not receiving needed
services? (iv) If the benefit is not generally available, to what
extent has its unavailability resulted in unreasonable financial
hardship? (v) What is the level of public demand for the benefit? (vi) What is the level of interest of collective bargaining
agents in negotiating privately for inclusion of this benefit in
group contracts?
(b) The financial impact: (i) To what extent will the benefit increase or decrease the cost of treatment or service? (ii)
To what extent will the coverage increase the appropriate use
of the benefit? (iii) To what extent will the benefit be a substitute for a more expensive benefit? (iv) To what extent will
the benefit increase or decrease the administrative expenses
of health carriers and the premium and administrative
expenses of policyholders? (v) What will be the impact of
this benefit on the total cost of health care services and on
premiums for health coverage? (vi) What will be the impact
of this benefit on costs for state-purchased health care? (vii)
What will be the impact of this benefit on affordability and
access to coverage?
(c) Evidence of health care service efficacy:
(i) If a mandatory benefit of a specific service is sought,
to what extent has there been conducted professionally
accepted controlled trials demonstrating the health consequences of that service compared to no service or an alternative service?
(ii) If a mandated benefit of a category of health care provider is sought, to what extent has there been conducted professionally accepted controlled trials demonstrating the
health consequences achieved by the mandated benefit of this
category of health care provider?
(iii) To what extent will the mandated benefit enhance
the general health status of the state residents?
(2) The department shall consider the availability of relevant information in assessing the completeness of the proposal.
(3) The department may supplement these criteria to
reflect new relevant information or additional significant
issues.
(4) The department shall establish, where appropriate, ad
hoc panels composed of related experts, and representatives
of carriers, consumers, providers, and purchasers to assist in
the proposal review process. Ad hoc panel members shall
serve without compensation.
(5) The health care authority shall evaluate the reasonableness and accuracy of cost estimates associated with the
proposed mandated benefit that are provided to the department by the proposer or other interested parties, and shall
provide comment to the department. Interested parties may,
in addition, submit data directly to the department. [1997 c
412 § 4; 1984 c 56 § 3. Formerly RCW 48.42.080.]
48.47.030
[Title 48 RCW—page 388]
48.47.900 Severability—1997 c 412. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 412 § 7.]
48.47.900
Chapter 48.50 RCW
INSURANCE FRAUD REPORTING IMMUNITY ACT
Chapter 48.50
(Formerly: Arson reporting immunity act)
Sections
48.50.010
48.50.020
48.50.030
48.50.040
48.50.050
48.50.055
48.50.070
48.50.075
48.50.090
48.50.900
Short title.
Definitions.
Release of information or evidence by insurer.
Notification by insurer.
Release of information by authorized agencies.
Release of information to requesting insurer.
Immunity from liability for releasing information.
Immunity from liability for denying claim based on written
opinion of authorized agency.
Local ordinances not preempted.
Severability—1979 ex.s. c 80.
48.50.010 Short title. This chapter shall be known and
may be cited as the Insurance Fraud Reporting Immunity Act.
[1995 c 285 § 20; 1979 ex.s. c 80 § 1.]
48.50.010
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.020 Definitions. As used in this chapter the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Authorized agency" means a public agency or its
official representative having legal authority to investigate
criminal activity or the cause of a fire or to initiate criminal
proceedings, including the following persons and agencies:
(a) The chief of the Washington state patrol and the
director of fire protection;
(b) The prosecuting attorney of the county where the
criminal activity occurred;
(c) State, county, and local law enforcement agencies;
(d) The state attorney general;
(e) The Federal Bureau of Investigation, or any other
federal law enforcement agency;
(f) The United States attorney’s office; and
(g) The office of the insurance commissioner.
(2) "Insurer" means any insurer, as defined in RCW
48.01.050 and any self-insurer.
(3) "Relevant information" means information having
any tendency to make the existence of any fact that is of consequence to the investigation or determination of criminal
activity or the cause of any fire more probable or less probable than it would be without the information. [2000 c 254 §
48.50.020
(2008 Ed.)
Insurance Fraud Reporting Immunity Act
1. Prior: 1995 c 369 § 36; 1995 c 285 § 21; 1986 c 266 § 77;
1985 c 470 § 27; 1979 ex.s. c 80 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW
43.44.010.
48.50.030 Release of information or evidence by
insurer. (1) Any authorized agency may request, in writing,
that an insurer release to the agency any or all relevant information or evidence which the insurer may have in its possession relating to criminal activity, if such information or evidence is deemed important by the agency in its discretion.
(2) An insurer who has reason to believe that a person
participated or is participating in criminal activity relating to
a contract of insurance may report relevant information to an
authorized agency.
(3) The information provided to an authorized agency
under this section may include, without limitation:
(a) Pertinent insurance policy information relating to a
claim under investigation and any application for such a policy;
(b) Policy premium payment records which are available;
(c) History of previous claims in which the person was
involved; and
(d) Material relating to the investigation of the loss,
including statements of any person, proof of loss, and any
other evidence found in the investigation.
(4) The insurer receiving a request under subsection (1)
of this section shall furnish all relevant information requested
to the agency within a reasonable time, orally or in writing.
[1995 c 285 § 22; 1979 ex.s. c 80 § 3.]
48.50.030
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.040 Notification by insurer. (1) When an insurer
has reason to believe that a fire loss reported to the insurer
may be of other than accidental cause, the insurer shall notify
the chief of the Washington state patrol, through the director
of fire protection, in the manner prescribed under RCW
48.05.320 concerning the circumstances of the fire loss,
including any and all relevant material developed from the
insurer’s inquiry into the fire loss.
(2) Notification of the chief of the Washington state
patrol, through the director of fire protection, under subsection (1) of this section does not relieve the insurer of the duty
to respond to a request for information from any other authorized agency and does not bar an insurer from other reporting
under RCW 48.50.030(2). [2000 c 254 § 2. Prior: 1995 c 369
§ 37; 1995 c 285 § 23; 1986 c 266 § 91; 1979 ex.s. c 80 § 4.]
48.50.040
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1986 c 266: See note following RCW 38.52.005.
48.50.050 Release of information by authorized
agencies. An authorized agency receiving information under
RCW 48.50.030, 48.50.040, or 48.50.055 may release or provide such information to any other authorized agencies.
[2000 c 254 § 3; 1979 ex.s. c 80 § 5.]
48.50.050
(2008 Ed.)
48.50.075
48.50.055 Release of information to requesting
insurer. An insurer providing information to an authorized
agency or agencies under RCW 48.50.030 or 48.50.040 may
request that an authorized agency furnish to the insurer any or
all relevant information possessed by the agency relating to
the particular fire loss. At their discretion, and unless prohibited by any other provision of law, the agency or agencies
may release or provide information to the requesting insurer.
[2000 c 254 § 4.]
48.50.055
48.50.070 Immunity from liability for releasing
information. (Effective until July 1, 2009.) Any licensed
insurance agent, any licensed insurance broker, or any insurer
or person acting in the insurer’s behalf, health maintenance
organization or person acting in behalf of the health maintenance organization, health care service contractor or person
acting in behalf of the health care service contractor, or any
authorized agency which releases information, whether oral
or written, to the commissioner, the national insurance crime
bureau, the national association of insurance commissioners,
other law enforcement agent or agency, or another insurer
under RCW 48.50.030, 48.50.040, 48.50.050, 48.50.055, or
48.135.050 is immune from liability in any civil or criminal
action, suit, or prosecution arising from the release of the
information, unless actual malice on the part of the agent,
broker, insurer, health care maintenance organization, health
care service contractor, or authorized agency against the
insured is shown. [2006 c 284 § 14; 2000 c 254 § 5; 1980 c
102 § 9; 1979 ex.s. c 80 § 7.]
48.50.070
Severability—Effective date—2006 c 284: See RCW 48.135.900 and
48.135.901.
48.50.070 Immunity from liability for releasing
information. (Effective July 1, 2009.) Any licensed insurance producer, title insurance agent, or insurer or person acting in the insurer’s behalf, health maintenance organization
or person acting in behalf of the health maintenance organization, health care service contractor or person acting in
behalf of the health care service contractor, or any authorized
agency which releases information, whether oral or written,
to the commissioner, the national insurance crime bureau, the
national association of insurance commissioners, other law
enforcement agent or agency, or another insurer under RCW
48.50.030, 48.50.040, 48.50.050, 48.50.055, or 48.135.050 is
immune from liability in any civil or criminal action, suit, or
prosecution arising from the release of the information,
unless actual malice on the part of the insurance producer,
title insurance agent, insurer, health care maintenance organization, health care service contractor, or authorized agency
against the insured is shown. [2008 c 217 § 59; 2006 c 284 §
14; 2000 c 254 § 5; 1980 c 102 § 9; 1979 ex.s. c 80 § 7.]
48.50.070
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Effective date—2006 c 284: See RCW 48.135.900 and
48.135.901.
48.50.075 Immunity from liability for denying claim
based on written opinion of authorized agency. In denying
a claim, an insurer, health maintenance organization, or
health care service contractor who relies upon a written opinion from an authorized agency specifically enumerated in
48.50.075
[Title 48 RCW—page 389]
48.50.090
Title 48 RCW: Insurance
RCW 48.50.020(1) (a) through (g) that criminal activity that
is related to that claim is being investigated, or a crime has
been charged, and that the claimant is a target of the investigation or has been charged with a crime, is not liable for bad
faith or other noncontractual theory of damages as a result of
this reliance.
Immunity under this section shall exist only so long as
the incident for which the claimant may be responsible is
under active investigation or prosecution, or the authorized
agency states its position that the claim includes or is a result
of criminal activity in which the claimant was a participant.
[2006 c 284 § 15; 1995 c 285 § 24; 1981 c 320 § 2.]
Severability—Effective date—2006 c 284: See RCW 48.135.900 and
48.135.901.
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.090 Local ordinances not preempted. This
chapter does not preempt or preclude any county or municipality from enacting ordinances relating to fire prevention or
control of arson. [1979 ex.s. c 80 § 9.]
48.50.090
48.50.900 Severability—1979 ex.s. c 80. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 80 § 11.]
48.50.900
Chapter 48.53 RCW
FIRE INSURANCE—ARSON FRAUD REDUCTION
Chapter 48.53
Sections
48.53.010
48.53.020
48.53.030
48.53.040
48.53.050
48.53.060
Purpose.
Designation of high arson incidence areas and classes of occupancy—Anti-arson application, contents.
Cancellation of policy—Conditions required for.
Cancellation of policy—Procedure.
Issuance or cancellation of policy in violation of chapter.
Adoption of rules.
48.53.010 Purpose. It is the purpose of this chapter to
reduce the incidence of arson fraud by requiring insurers to
obtain specified information prior to issuing a fire insurance
policy for certain structures and by authorizing insurers to
cancel fire insurance policies when characteristics frequently
associated with arson fraud are present. [1982 c 110 § 1.]
48.53.010
48.53.020 Designation of high arson incidence areas
and classes of occupancy—Anti-arson application, contents. (1) The chief of the Washington state patrol, through
the director of fire protection, may designate certain classes
of occupancy within a geographic area or may designate geographic areas as having an abnormally high incidence of
arson. This designation shall not be a valid reason for cancellation, refusal to issue or renew, modification, or increasing
the premium for any fire insurance policy.
(2) A fire insurance policy may not be issued to insure
any property within a class of occupancy within a geographic
area or within a geographic area designated by the chief of
the Washington state patrol, through the director of fire protection, as having an abnormally high incidence of arson until
the applicant has submitted an anti-arson application and the
insurer or the insurer’s representative has inspected the prop48.53.020
[Title 48 RCW—page 390]
erty. The application shall be prescribed by the chief of the
Washington state patrol, through the director of fire protection, and shall contain but not be limited to the following:
(a) The name and address of the prospective insured and
any mortgagees or other parties having an ownership interest
in the property to be insured;
(b) The amount of insurance requested and the method of
valuation used to establish the amount of insurance;
(c) The dates and selling prices of the property, if any,
during the previous three years;
(d) Fire losses exceeding one thousand dollars during the
previous five years for property in which the prospective
insured held an equity interest or mortgage;
(e) Current corrective orders pertaining to fire, safety,
health, building, or construction codes that have not been
complied with within the time period or any extension of
such time period authorized by the authority issuing such corrective order applicable to the property to be insured;
(f) Present or anticipated occupancy of the structure, and
whether a certificate of occupancy has been issued;
(g) Signature and title, if any, of the person submitting
the application.
(3) If the facts required to be reported by subsection (2)
of this section materially change, the insured shall notify the
insurer of any such change within fourteen days.
(4) An anti-arson application is not required for: (a) Fire
insurance policies covering one to four-unit owner-occupied
residential dwellings; (b) policies existing as of June 10,
1982; or (c) the renewal of these policies.
(5) An anti-arson application shall contain a notice stating: "Designation of a class of occupancy within a geographic area or geographic areas as having an abnormally
high incidence of arson shall not be a valid reason for cancellation, refusal to issue or renew, modification, or increasing
the premium for any fire insurance policy." [1995 c 369 § 38;
1986 c 266 § 92; 1982 c 110 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
48.53.030 Cancellation of policy—Conditions
required for. Notwithstanding the provisions of RCW
48.18.290, where two or more of the following conditions
exist, an insurer may, under RCW 48.53.040, cancel a fire
insurance policy for any structure:
(1) Which, without reasonable explanation, is unoccupied for more than sixty consecutive days, or in which at least
sixty-five percent of the rental units are unoccupied for more
than one hundred twenty consecutive days unless the structure is maintained for seasonal occupancy or is under construction or repair;
(2) On which, without reasonable explanation, progress
toward completion of permanent repairs has not occurred
within sixty days after receipt of funds following satisfactory
adjustment or adjudication of loss resulting from a fire;
(3) Which, because of its physical condition, is in danger
of collapse;
(4) For which, because of its physical condition, a vacation or demolition order has been issued, or which has been
declared unsafe in accordance with applicable law;
48.53.030
(2008 Ed.)
Insurance Premium Finance Company Act
(5) From which fixed and salvageable items have been
removed, indicating an intent to vacate the structure;
(6) For which, without reasonable explanation, heat,
water, sewer, and electricity are not furnished for sixty consecutive days; and
(7) Which is not maintained in substantial compliance
with fire, safety, and building codes. [1982 c 110 § 3.]
48.53.040 Cancellation of policy—Procedure. An
insurer may cancel a fire insurance policy when the requirements of RCW 48.53.030 are met only in accordance with the
following procedure:
(1) The insurer shall, not less than five days prior to cancellation, issue written notice of cancellation to the insured or
the insured’s representative in charge of the policy. The
notice shall contain at least the following:
(a) The date that the policy will be canceled;
(b) A description of the specific facts justifying the cancellation;
(c) A copy of this chapter; and
(d) The name, title, address, and telephone number of the
insurer’s employee who may be contacted regarding cancellation of the policy.
(2) The notice required by this section shall be actually
delivered or mailed to the insured by certified mail, return
receipt requested, and in addition by first-class mail. A copy
of the notice shall, at the time of delivery or mailing to the
insured, or the insured’s representative in charge of the policy, be mailed to the insurance commissioner.
(3) The insurer shall also comply with the requirements
of *RCW 48.18.290 (1)(b), (2) and (3), and shall provide not
less than twenty days notice of cancellation to each mortgagee, pledgee, or other person shown by the policy to have
an interest in any loss which may occur thereunder except as
provided in subsection (1) of this section.
(4) The portion of any premium paid to the insurer on
account of the policy, unearned because of the cancellation
and in an amount as computed on a pro rata basis, must be
actually paid or mailed to the insured or other person entitled
thereto as shown by the policy or any endorsement thereon,
as soon as possible, and no later than thirty days after the date
that the notice of cancellation was issued. [1982 c 110 § 4.]
48.53.040
*Reviser’s note: RCW 48.18.290 was amended by 2006 c 8 § 212,
changing subsection (1)(b) to subsection (1)(e).
48.53.050 Issuance or cancellation of policy in violation of chapter. (1) Any fire insurance policy issued in violation of this chapter shall not be canceled by the insurer
under the procedures authorized by this chapter.
(2) Cancellation of a fire insurance policy in violation of
this chapter shall constitute a violation of this title. [1982 c
110 § 5.]
48.53.050
48.53.060 Adoption of rules. Rules designating geographic areas or classes of occupancy as having an abnormally high incidence of arson, and any other rules necessary
to implement this chapter shall be adopted by the chief of the
Washington state patrol, through the director of fire protection, under chapter 34.05 RCW. [1995 c 369 § 39; 1986 c
266 § 93; 1982 c 110 § 6.]
48.53.060
(2008 Ed.)
48.56.020
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Chapter 48.56 RCW
INSURANCE PREMIUM FINANCE COMPANY ACT
Chapter 48.56
Sections
48.56.010
48.56.020
48.56.030
48.56.040
48.56.050
48.56.060
48.56.070
48.56.080
48.56.090
48.56.100
48.56.110
48.56.120
48.56.130
48.56.900
Short title.
Definitions.
License—Required—Fees—Information to be furnished—
Penalty.
Investigation of applicant—Qualifications—Hearing.
Revocation, suspension, or refusal to renew.
Records.
Rules and regulations.
Premium finance agreement.
Service charge.
Delinquency charge—Cancellation charge.
Cancellation of insurance contract.
Cancellation of insurance contract—Return of unearned premiums.
Filing of agreement.
Effective date—1969 ex.s. c 190.
48.56.010 Short title. This chapter shall be known and
may be cited as "The Insurance Premium Finance Company
Act". [1969 ex.s. c 190 § 1.]
48.56.010
48.56.020 Definitions. (Effective until July 1, 2009.)
As used in this chapter:
(1) "Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements.
(2) "Premium finance agreement" means an agreement
by which an insured or prospective insured promises to pay to
a premium finance company the amount advanced or to be
advanced under the agreement to an insurer or to an insurance
agent or broker in payment of premiums on an insurance contract together with a service charge as authorized and limited
by this chapter and as security therefor the insurance premium finance company receives an assignment of the
unearned premium.
(3) "Licensee" means a premium finance company holding a license issued by the insurance commissioner under this
chapter. [1969 ex.s. c 190 § 2.]
48.56.020
48.56.020 Definitions. (Effective July 1, 2009.) As
used in this chapter:
(1) "Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements.
(2) "Premium finance agreement" means an agreement
by which an insured or prospective insured promises to pay to
a premium finance company the amount advanced or to be
advanced under the agreement to an insurer or to an insurance
producer in payment of premiums on an insurance contract
together with a service charge as authorized and limited by
this chapter and as security therefor the insurance premium
finance company receives an assignment of the unearned premium.
(3) "Licensee" means a premium finance company holding a license issued by the insurance commissioner under this
chapter. [2008 c 217 § 60; 1969 ex.s. c 190 § 2.]
48.56.020
[Title 48 RCW—page 391]
48.56.030
Title 48 RCW: Insurance
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.56.030 License—Required—Fees—Information
to be furnished—Penalty. (1) No person shall engage in the
business of financing insurance premiums in the state without
first having obtained a license as a premium finance company
from the commissioner. Any person who shall engage in the
business of financing insurance premiums in the state without
obtaining a license as provided hereunder shall, upon conviction, be guilty of a misdemeanor and shall be subject to the
penalties provided in this chapter.
(2)(a) Application to the commissioner for the license
shall be made on forms furnished by the commissioner. As
part of, or in connection with, this application, the applicant
and, at the commissioner’s discretion, any or all stockholders,
directors, partners, officers, and employees of the business
shall furnish information concerning his or her identity,
including fingerprints for submission to the Washington state
patrol, the federal bureau of investigation, and any governmental agency or entity authorized to receive this information
for a state and national criminal history background check;
personal history; experience; business records; purposes; and
other pertinent information, as the commissioner may reasonably require.
(b) The annual license fee shall be one hundred dollars.
Licenses may be renewed from year to year as of the first day
of May of each year upon payment of the fee of one hundred
dollars. The fee for the license shall be paid to the insurance
commissioner.
(3) The person to whom the license or the renewal may
be issued shall file sworn answers, subject to the penalties of
perjury, to such interrogatories as the commissioner may
require. The commissioner shall have authority, at any time,
to require the applicant to disclose fully the identity of all
stockholders, directors, partners, officers, and employees and
may, in his or her discretion, refuse to issue or renew a license
in the name of any firm, partnership, or corporation if he or
she finds that any officer, employee, stockholder, or partner
who may materially influence the applicant’s conduct does
not meet the standards of this chapter.
(4) This section shall not apply to any savings and loan
association, bank, trust company, consumer loan company,
industrial loan company or credit union authorized to do
business in this state but RCW 48.56.080 through 48.56.130
and any rules adopted by the commissioner pertaining to such
sections shall be applicable to such organizations, if otherwise eligible, under all premium finance transactions wherein
an insurance policy, other than a life or disability insurance
policy, or any rights thereunder is made the security or collateral for the repayment of the debt, however, neither this section nor the provisions of this chapter shall be applicable to
the inclusion of insurance in a retail installment transaction or
to insurance purchased in connection with a real estate transaction, mortgage, deed of trust, or other security instrument
or an insurance company authorized to do business in this
state unless the insurance company elects to become a licensee.
(5) If in the process of verifying fingerprints under subsection (2) of this section, business records, or other information the commissioner’s office incurs fees or charges from
48.56.030
[Title 48 RCW—page 392]
another governmental agency or from a business firm, the
amount of the fees or charges shall be paid to the commissioner’s office by the applicant. [2002 c 227 § 4; 1969 ex.s.
c 190 § 3.]
Effective date—2002 c 227: See note following RCW 48.06.040.
48.56.040 Investigation of applicant—Qualifications—Hearing. (1) Upon the filing of an application and
the payment of the license fee the commissioner shall make
an investigation of each applicant and shall issue a license if
the applicant is qualified in accordance with this chapter. If
the commissioner does not so find, he shall, within thirty days
after he has received such application, at the request of the
applicant, give the applicant a full hearing.
(2) The commissioner shall issue or renew a license as
may be applied for when he is satisfied that the person to be
licensed—
(a) is competent and trustworthy and intends to act in
good faith in the capacity involved by the license applied for,
(b) has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied for, and
(c) if a corporation, is a corporation incorporated under
the laws of the state or a foreign corporation authorized to
transact business in the state. [1969 ex.s. c 190 § 4.]
48.56.040
48.56.050 Revocation, suspension, or refusal to
renew. (1) The commissioner may revoke or suspend the
license of any premium finance company when and if after
investigation it appears to the commissioner that—
(a) any license issued to such company was obtained by
fraud,
(b) there was any misrepresentation in the application for
the license,
(c) the holder of such license has otherwise shown himself untrustworthy or incompetent to act as a premium
finance company, or
(d) such company has violated any of the provisions of
this chapter.
(2) Before the commissioner shall revoke, suspend, or
refuse to renew the license of any premium finance company,
he shall give to such person an opportunity to be fully heard
and to introduce evidence in his behalf. In lieu of revoking or
suspending the license for any of the causes enumerated in
this section, after hearing as herein provided, the commissioner may subject such company to a penalty of not more
than two hundred dollars for each offense when in his judgment he finds that the public interest would not be harmed by
the continued operation of such company. The amount of any
such penalty shall be paid by such company through the
office of the commissioner to the state treasurer. At any hearing provided by this section, the commissioner shall have
authority to administer oaths to witnesses. Anyone testifying
falsely, after having been administered such oath, shall be
subject to the penalty of perjury.
(3) If the commissioner refuses to issue or renew any
license or if any applicant or licensee is aggrieved by any
action of the commissioner, said applicant or licensee shall
have the right to a hearing and court proceeding as provided
by statute. [1969 ex.s. c 190 § 5.]
48.56.050
(2008 Ed.)
Insurance Premium Finance Company Act
48.56.060 Records. (1) Every licensee shall maintain
records of its premium finance transactions and the said
records shall be open to examination and investigation by the
commissioner. The commissioner may at any time require
any licensee to bring such records as he may direct to the
commissioner’s office for examination.
(2) Every licensee shall preserve its records of such premium finance transactions, including cards used in a card
system, for at least three years after making the final entry in
respect to any premium finance agreement. The preservation
of records in photographic form shall constitute compliance
with this requirement. [1969 ex.s. c 190 § 6.]
48.56.060
48.56.070 Rules and regulations. The commissioner
shall have authority to make and enforce such reasonable
rules and regulations as may be necessary in making effective
the provisions of this chapter, but such rules and regulations
shall not be contrary to nor inconsistent with the provisions of
this chapter. [1969 ex.s. c 190 § 7.]
48.56.070
48.56.080 Premium finance agreement. (Effective
until July 1, 2009.) (1) A premium finance agreement
shall—
(a) be dated, signed by or on behalf of the insured, and
the printed portion thereof shall be in at least eight point type;
(b) contain the name and place of business of the insurance agent negotiating the related insurance contract, the
name and residence or the place of business of the premium
finance company to which payments are to be made, a
description of the insurance contracts involved and the
amount of the premium therefor; and
(c) set forth the following items where applicable—
(i) the total amount of the premiums,
(ii) the amount of the down payment,
(iii) the principal balance (the difference between items
(i) and (ii)),
(iv) the amount of the service charge,
(v) the balance payable by the insured (sum of items (iii)
and (iv)), and
(vi) the number of installments required, the amount of
each installment expressed in dollars, and the due date or
period thereof.
(2) The items set out in paragraph (c) of subsection (1)
need not be stated in the sequence or order in which they
appear in such paragraph (c), and additional items may be
included to explain the computations made in determining
the amount to be paid by the insured.
(3) The information required by subsection (1) of this
section shall only be required in the initial agreement where
the premium finance company and the insured enter into an
open end credit transaction, which is defined as follows: A
plan prescribing the terms of credit transactions which may
be made thereunder from time to time and under the terms of
which a finance charge may be computed on the outstanding
unpaid balance from time to time thereunder.
(4) A copy of the premium finance agreement shall be
given to the insured at the time or within ten days of its execution, except where the application has been signed by the
insured and all the finance charges are one dollar or less per
payment. In addition, the premium finance company shall
deliver or mail a copy of the premium finance agreement or
48.56.080
(2008 Ed.)
48.56.080
notice identifying policy, insured and producing agent to
each insurer that has premiums involved in the transaction,
within thirty days of the execution of the premium finance
agreement.
(5) It shall be illegal for a premium finance company to
offset funds of an agent with funds belonging to an insured.
Premiums advanced by a premium finance company are
funds belonging to the insured and shall be held in a fiduciary
relationship. [1975-’76 2nd ex.s. c 119 § 6; 1969 ex.s. c 190
§ 8.]
48.56.080 Premium finance agreement. (Effective
July 1, 2009.) (1) A premium finance agreement shall:
(a) Be dated, signed by or on behalf of the insured, and
the printed portion thereof shall be in at least eight point type;
(b) Contain the name and place of business of the insurance producer negotiating the related insurance contract, the
name and residence or the place of business of the premium
finance company to which payments are to be made, a
description of the insurance contracts involved and the
amount of the premium therefor; and
(c) Set forth the following items where applicable:
(i) The total amount of the premiums;
(ii) The amount of the down payment;
(iii) The principal balance (the difference between items
(i) and (ii));
(iv) The amount of the service charge;
(v) The balance payable by the insured (sum of items
(iii) and (iv)); and
(vi) The number of installments required, the amount of
each installment expressed in dollars, and the due date or
period thereof.
(2) The items set out in subsection (1)(c) of this section
need not be stated in the sequence or order in which they
appear in that subsection, and additional items may be
included to explain the computations made in determining
the amount to be paid by the insured.
(3) The information required by subsection (1) of this
section shall only be required in the initial agreement where
the premium finance company and the insured enter into an
open end credit transaction, which is defined as follows: A
plan prescribing the terms of credit transactions which may
be made thereunder from time to time and under the terms of
which a finance charge may be computed on the outstanding
unpaid balance from time to time thereunder.
(4) A copy of the premium finance agreement shall be
given to the insured at the time or within ten days of its execution, except where the application has been signed by the
insured and all the finance charges are one dollar or less per
payment. In addition, the premium finance company shall
deliver or mail a copy of the premium finance agreement or
notice identifying policy, insured, and insurance producer to
each insurer that has premiums involved in the transaction,
within thirty days of the execution of the premium finance
agreement.
(5) It shall be illegal for a premium finance company to
offset funds of an insurance producer with funds belonging to
an insured. Premiums advanced by a premium finance company are funds belonging to the insured and shall be held in a
fiduciary relationship. [2008 c 217 § 61; 1975-’76 2nd ex.s.
c 119 § 6; 1969 ex.s. c 190 § 8.]
48.56.080
[Title 48 RCW—page 393]
48.56.090
Title 48 RCW: Insurance
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.56.090 Service charge. (1) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this chapter.
(2) The service charge is to be computed on the balance
of the premiums due (after subtracting the down payment
made by the insured in accordance with the premium finance
agreement) from the effective date of the insurance coverage,
for which the premiums are being advanced, to and including
the date when the final installment of the premium finance
agreement is payable.
(3) The service charge shall be a maximum of ten dollars
per one hundred dollars per year plus an acquisition charge of
ten dollars per premium finance agreement which need not be
refunded upon cancellation or prepayment. [1969 ex.s. c 190
§ 9.]
48.56.090
notice of cancellation from the premium finance company
and shall determine the effective date of cancellation taking
into consideration the number of days notice required to complete the cancellation. [1969 ex.s. c 190 § 11.]
48.56.120 Cancellation of insurance contract—
Return of unearned premiums. (1) Whenever a financed
insurance contract is canceled, the insurer shall return whatever gross unearned premiums are due under the insurance
contract to the premium finance company for the account of
the insured or insureds.
(2) In the event that the crediting of return premiums to
the account of the insured results in a surplus over the amount
due from the insured, the premium finance company shall
refund such excess to the insured: PROVIDED, That no such
refund shall be required if it amounts to less than one dollar.
[1969 ex.s. c 190 § 12.]
48.56.120
48.56.130 Filing of agreement. No filing of the premium finance agreement shall be necessary to perfect the
validity of such agreement as a secured transaction as against
creditors, subsequent purchasers, pledgees, encumbrancers,
successors, or assigns. [1969 ex.s. c 190 § 13.]
48.56.130
48.56.100 Delinquency charge—Cancellation
charge. A premium finance agreement may provide for the
payment by the insured of a delinquency charge of one dollar
to a maximum of five percent of the delinquent installment
that is in default for a period of five days or more except that
if the loan is primarily for personal, family, or household purposes the delinquency charge shall not exceed five dollars.
If the default results in the cancellation of any insurance
contract listed in the agreement, the agreement may provide
for the payment by the insured of a cancellation charge equal
to the difference between any delinquency charge imposed
with respect to the installment in default and five dollars.
[1995 c 72 § 1; 1969 ex.s. c 190 § 10.]
48.56.100
48.56.900 Effective date—1969 ex.s. c 190. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect on the sixtieth day following passage by the legislature and submission
to the governor for action. [1969 ex.s. c 190 § 15.]
48.56.900
Chapter 48.58 RCW
RIOT REINSURANCE REIMBURSEMENT
Chapter 48.58
48.56.110 Cancellation of insurance contract. (1)
When a premium finance agreement contains a power of
attorney enabling the premium finance company to cancel
any insurance contract or contracts listed in the agreement,
the insurance contract or contracts shall not be canceled by
the premium finance company unless such cancellation is
effectuated in accordance with this section.
(2) Not less than ten days’ written notice shall be mailed
to the insured of the intent of the premium finance company
to cancel the insurance contract unless the default is cured
within such ten day period.
(3) After expiration of such ten day period, the premium
finance company may thereafter request in the name of the
insured, cancellation of such insurance contract or contracts
by mailing to the insurer a notice of cancellation, and the
insurance contract shall be canceled as if such notice of cancellation had been submitted by the insured himself, but without requiring the return of the insurance contract or contracts.
The premium finance company shall also mail a notice of
cancellation to the insured at his last known address.
(4) All statutory, regulatory, and contractual restrictions
providing that the insurance contract may not be canceled
unless notice is given to a governmental agency, mortgagee,
or other third party shall apply where cancellation is effected
under the provisions of this section. The insurer shall give the
prescribed notice in behalf of itself or the insured to any governmental agency, mortgagee, or other third party on or
before the second business day after the day it receives the
48.56.110
[Title 48 RCW—page 394]
Sections
48.58.010
Riot reinsurance reimbursement—Assessments.
48.58.010 Riot reinsurance reimbursement—Assessments. (1) The commissioner may reimburse the secretary of
the department of housing and urban development under the
provisions of Section 1223(a)(1) of the Urban Property Protection and Reinsurance Act of 1968 (Public Law 90-448) for
losses reinsured by the secretary of the department of housing
and urban development and occurring in this state on or after
August 1, 1968. After receipt by the state treasurer of a statement requesting reimbursement from the secretary of the
department of housing and urban development and upon certification promptly made by the commissioner of insurance,
hereafter referred to as the commissioner, of the correctness
of the amount thereof, the commissioner is hereby authorized
to provide for an assessment upon insurers authorized to do
business in this state in amounts sufficient to pay reimbursement to the secretary of the department of housing and urban
development: PROVIDED, That the amount assessed each
insurer shall be in the same proportion that the premiums
written by each insurer in this state bear to the aggregate premiums written in this state by all insurance companies on
those lines for which reinsurance was available in this state
from the secretary of the department of housing and urban
development during the preceding calendar year.
48.58.010
(2008 Ed.)
Local Government Insurance Transactions
(2) In the event any insurer fails, by reason of insolvency, to pay any assessment as provided herein, the amount
assessed each insurer, as computed under subsection (1) of
this section, shall be immediately recalculated excluding
therefrom the insolvent insurer so that its assessment is, in
effect, assumed and redistributed among the remaining insurers.
(3) When assessments as provided herein are made, the
individual insurer, after having paid the full amount assessed
against the insurer, may deduct from future premium tax liabilities an amount not to exceed twenty percent per annum
until such deductions equal the amount of the assessment levied against the insurer.
(4) This section shall cease to be of any force and effect
upon termination of the Urban Property Protection and Reinsurance Act of 1968 (Public Law 90-448), except that obligations incurred pursuant to the provisions of this section shall
not be impaired by the expiration of the same.
(5) Notwithstanding the termination of the Urban Property Protection and Reinsurance Act of 1968 (Public Law 90448), the commissioner is authorized to continue in force the
program developed in response to that act, the Washington
essential property insurance inspection and placement program, in order to provide essential property insurance within
the state where it cannot be obtained through the normal
insurance market. [1987 c 128 § 1; 1980 c 32 § 9; 1969 ex.s.
c 140 § 1.]
Chapter 48.62
Chapter 48.62 RCW
LOCAL GOVERNMENT
INSURANCE TRANSACTIONS
Sections
48.62.011
48.62.021
48.62.031
48.62.034
48.62.036
48.62.041
48.62.051
48.62.061
48.62.071
48.62.081
48.62.091
48.62.101
48.62.111
48.62.121
48.62.123
48.62.125
48.62.131
48.62.141
48.62.151
48.62.161
48.62.171
48.62.900
48.62.901
(2008 Ed.)
Legislative intent—Construction.
Definitions.
Authority to self-insure—Options—Risk manager.
Joint self-insurance program—Actions authorized.
Authority to form or join a self-insurance risk pool—When
section not applicable.
Property and liability advisory board—Creation—Membership—Duties.
Health and welfare advisory board—Creation—Membership—Duties.
Rule making by state risk manager—Standards.
Program approval required—State risk manager—Plan of
management and operation.
Multistate program participants—Requirements.
Program approval or disapproval—Procedures—Annual
report.
Access to information—Executive sessions—Public records
act.
Investments—Designated treasurer—Deposit requirements—
Bond.
General operating regulations—Employee remuneration—
Governing control—School districts—Use of agents and
brokers—Health care services—Trusts.
Existing benefit program established as a trust—Risk manager—Limited extension of deadline for compliance.
Educational service districts—Rules—Superintendent of public instruction.
Preexisting programs—Notice to state auditor.
Insufficient assets—Program requirement.
Insurance premium taxes—Exemption.
Establishment of fee to cover costs—Boards—State risk manager.
Dissemination of information—Civil immunity.
Effective date, implementation, application—1991 sp.s. c 30.
Severability—1991 sp.s. c 30.
48.62.021
48.62.011
48.62.011 Legislative intent—Construction. This
chapter is intended to provide the exclusive source of local
government entity authority to individually or jointly selfinsure risks, jointly purchase insurance or reinsurance, and to
contract for risk management, claims, and administrative services. This chapter shall be liberally construed to grant local
government entities maximum flexibility in self-insuring to
the extent the self-insurance programs are operated in a safe
and sound manner. This chapter is intended to require prior
approval for the establishment of every individual local government self-insured employee health and welfare benefit
program and every joint local government self-insurance program. In addition, this chapter is intended to require every
local government entity that establishes a self-insurance program not subject to prior approval to notify the state of the
existence of the program and to comply with the regulatory
and statutory standards governing the management and operation of the programs as provided in this chapter. This chapter is not intended to authorize or regulate self-insurance of
unemployment compensation under chapter 50.44 RCW, or
industrial insurance under chapter 51.14 RCW. [1991 sp.s. c
30 § 1.]
48.62.021
48.62.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Local government entity" or "entity" means every
unit of local government, both general purpose and special
purpose, and includes, but is not limited to, counties, cities,
towns, port districts, public utility districts, water-sewer districts, school districts, fire protection districts, irrigation districts, metropolitan municipal corporations, conservation districts, and other political subdivisions, governmental subdivisions, municipal corporations, and quasi-municipal
corporations.
(2) "Risk assumption" means a decision to absorb the
entity’s financial exposure to a risk of loss without the creation of a formal program of advance funding of anticipated
losses.
(3) "Self-insurance" means a formal program of advance
funding and management of entity financial exposure to a
risk of loss that is not transferred through the purchase of an
insurance policy or contract.
(4) "Health and welfare benefits" means a plan or program established by a local government entity or entities for
the purpose of providing its employees and their dependents,
and in the case of school districts, its district employees, students, directors, or any of their dependents, with health care,
accident, disability, death, and salary protection benefits.
(5) "Property and liability risks" includes the risk of
property damage or loss sustained by a local government
entity and the risk of claims arising from the tortious or negligent conduct or any error or omission of the local government entity, its officers, employees, agents, or volunteers as a
result of which a claim may be made against the local government entity.
(6) "State risk manager" means the risk manager of the
risk management division within the office of financial management.
[Title 48 RCW—page 395]
48.62.031
Title 48 RCW: Insurance
(7) "Nonprofit corporation" or "corporation" has the
same meaning as defined in RCW 24.03.005(3). [2004 c 255
§ 2; 2002 c 332 § 24; 1999 c 153 § 60; 1991 sp.s. c 30 § 2.]
Findings—Intent—2004 c 255: See note following RCW 48.62.036.
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
48.62.031 Authority to self-insure—Options—Risk
manager. (1) The governing body of a local government
entity may individually self-insure, may join or form a selfinsurance program together with other entities, and may
jointly purchase insurance or reinsurance with other entities
for property and liability risks, and health and welfare benefits only as permitted under this chapter. In addition, the
entity or entities may contract for or hire personnel to provide
risk management, claims, and administrative services in
accordance with this chapter.
(2) The agreement to form a joint self-insurance program
shall be made under chapter 39.34 RCW and may create a
separate legal or administrative entity with powers delegated
thereto. Such entity may include or create a nonprofit corporation organized under chapter 24.03 or 24.06 RCW or a partnership organized under chapter 25.04 RCW.
(3) Every individual and joint self-insurance program is
subject to audit by the state auditor.
(4) If provided for in the agreement or contract established under chapter 39.34 RCW, a joint self-insurance program may, in conformance with this chapter:
(a) Contract or otherwise provide for risk management
and loss control services;
(b) Contract or otherwise provide legal counsel for the
defense of claims and other legal services;
(c) Consult with the state insurance commissioner and
the state risk manager;
(d) Jointly purchase insurance and reinsurance coverage
in such form and amount as the program’s participants agree
by contract;
(e) Obligate the program’s participants to pledge revenues or contribute money to secure the obligations or pay the
expenses of the program, including the establishment of a
reserve or fund for coverage; and
(f) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of this
chapter.
(5) A local government entity that has decided to assume
a risk of loss must have available for inspection by the state
auditor a written report indicating the class of risk or risks the
governing body of the entity has decided to assume.
(6) Every joint self-insurance program governed by this
chapter shall appoint the risk manager as its attorney to
receive service of, and upon whom shall be served, all legal
process issued against it in this state upon causes of action
arising in this state.
(a) Service upon the risk manager as attorney shall constitute service upon the program. Service upon joint insurance programs subject to chapter 30, Laws of 1991 1st sp.
sess. can be had only by service upon the risk manager. At
the time of service, the plaintiff shall pay to the risk manager
48.62.031
[Title 48 RCW—page 396]
a fee to be set by the risk manager, taxable as costs in the
action.
(b) With the initial filing for approval with the risk manager, each joint self-insurance program shall designate by
name and address the person to whom the risk manager shall
forward legal process so served upon him or her. The joint
self-insurance program may change such person by filing a
new designation.
(c) The appointment of the risk manager as attorney shall
be irrevocable, shall bind any successor in interest or to the
assets or liabilities of the joint self-insurance program, and
shall remain in effect as long as there is in force in this state
any contract made by the joint self-insurance program or liabilities or duties arising therefrom.
(d) The risk manager shall keep a record of the day and
hour of service upon him or her of all legal process. A copy
of the process, by registered mail with return receipt
requested, shall be sent by the risk manager, to the person
designated for the purpose by the joint self-insurance program in its most recent such designation filed with the risk
manager. No proceedings shall be had against the joint selfinsurance program, and the program shall not be required to
appear, plead, or answer, until the expiration of forty days
after the date of service upon the risk manager. [2005 c 147
§ 1; 1991 sp.s. c 30 § 3.]
48.62.034 Joint self-insurance program—Actions
authorized. (1) For the purpose of carrying out a joint selfinsurance program, a joint self-insurance program and a separate legal entity created under RCW 48.62.031 each may:
(a) Contract indebtedness and issue and sell revenue
bonds evidencing such indebtedness or establish lines of
credit pursuant to and in the manner provided for local governments in chapter 39.46 RCW with the joint board under
RCW 39.34.030; board of directors under RCW 48.62.081;
or governing board of a separate legal entity formed under
RCW 48.62.031, performing the functions to be performed
by the governing body of a local government under chapter
39.46 RCW and appointing a treasurer to perform the functions to be performed by the treasurer under chapter 39.46
RCW;
(b) Contract indebtedness and issue and sell short-term
obligations evidencing such indebtedness pursuant to and in
the manner provided for municipal corporations in chapter
39.50 RCW with the joint board under RCW 39.34.030;
board of directors under RCW 48.62.081; or governing board
of a separate legal entity formed under RCW 48.62.031, performing the functions to be performed by the governing body
of a municipal corporation under chapter 39.50 RCW; and
(c) Contract indebtedness and issue and sell refunding
bonds pursuant to and in the manner provided for public bodies in chapter 39.53 RCW with the joint board under RCW
39.34.030; board of directors under RCW 48.62.081; or governing board of a separate legal entity formed under RCW
48.62.031, performing the functions to be performed by the
governing body of a public body under chapter 39.53 RCW.
(2) For the purpose of carrying out a joint self-insurance
program, a joint self-insurance program and a separate legal
entity formed under RCW 48.62.031 each may make loans of
the proceeds of revenue bonds issued under this section to a
48.62.034
(2008 Ed.)
Local Government Insurance Transactions
joint self-insurance program or a local government entity that
has joined or formed a joint self-insurance program.
(3) For the purpose of carrying out a joint self-insurance
program, a joint self-insurance program and each local government entity that has joined or formed a joint self-insurance
program may accept loans of the proceeds of revenue bonds
issued under this section. [2005 c 147 § 2.]
48.62.036 Authority to form or join a self-insurance
risk pool—When section not applicable. (1) A nonprofit
corporation may form or join a self-insurance risk pool with
one or more nonprofit corporations or with a local government entity or entities for property and liability risks.
(2) A nonprofit corporation that participates in or forms
a self-insurance risk pool with one or more nonprofit corporations or with a local government entity or entities, as provided in subsection (1) of this section, is subject to the same
rules and regulations that apply to a local government entity
or entities under this chapter.
(3) This section does not apply to a nonprofit corporation
that:
(a) Individually self-insures for property and liability
risks;
(b) Participates in a risk pooling arrangement, including
a risk retention group or a risk purchasing group, regulated
under chapter 48.92 RCW, or is a captive insurer authorized
in its state of domicile; or
(c) Is a hospital licensed under chapter 70.41 RCW or an
entity owned, operated, controlled by, or affiliated with such
a hospital that participates in a self-insurance risk pool or
other risk pooling arrangement, unless the self-insurance
pool or other risk pooling arrangement for property and liability risks includes a local government entity. [2004 c 255 §
3.]
48.62.036
Findings—Intent—2004 c 255: "The legislature finds that recent
increases in property and liability insurance premiums experienced by some
nonprofit organizations have the potential to negatively impact the ability of
these organizations to continue to offer the level of service they provide in
our communities. The legislature finds that nonprofit organizations are distinct from private for-profit businesses. By their very nature, nonprofit organizations are formed for purposes other than generating a profit, and are
restricted from distributing any part of the organization’s income to its directors or officers. Because of these characteristics, nonprofit organizations
provide a unique public good to the residents in our state.
The legislature finds that in order to sustain the financial viability of
nonprofit organizations, they should be provided with alternative options for
insuring against risks. The legislature further finds that local government
entities and nonprofit organizations share the common goal of providing services beneficial to the public interest. The legislature finds that allowing
nonprofit organizations and local government entities to pool risk in selfinsurance risk pools may be of mutual benefit for both types of entities.
Therefore, it is the intent of the legislature to allow nonprofit organizations
to form or participate in self-insurance risk pools with other nonprofit organizations or with local government entities where authority for such risk
pooling arrangements does not currently exist in state or federal law." [2004
c 255 § 1.]
48.62.041 Property and liability advisory board—
Creation—Membership—Duties. (1) The property and liability advisory board is created, consisting of the insurance
commissioner and the state risk manager, or their designees,
as ex officio members and five members appointed by the
governor on the basis of their experience and knowledge in
matters pertaining to local government risk management,
self-insurance, and management of joint self-insurance pro48.62.041
(2008 Ed.)
48.62.051
grams. The board shall include at least two representatives
from individual property or liability self-insurance programs
and at least two representatives from joint property or liability self-insurance programs.
(2) The board shall assist the state risk manager in:
(a) Adopting rules governing the operation and management of both individual and joint self-insurance programs
covering liability and property risks;
(b) Reviewing and approving the creation of joint selfinsurance programs covering property or liability risks;
(c) Reviewing annual reports filed by joint self-insurance programs covering property and liability risks and recommending that corrective action be taken by the programs
when necessary; and
(d) Responding to concerns of the state auditor related to
the management and operation of both individual and joint
self-insurance programs covering liability or property risks.
(3) The board shall annually elect a chair and a vice-chair
from its members. The board shall meet at least quarterly at
such times as the state risk manager may fix. The board members who are appointed shall serve without compensation
from the state but shall suffer no loss because of absence
from their regular employment. Members of the board who
are not public employees shall be compensated in accordance
with RCW 43.03.240.
(4) A majority of the board constitutes a quorum for the
transaction of business.
(5) The board shall keep public records of its proceedings. [1991 sp.s. c 30 § 4.]
48.62.051 Health and welfare advisory board—Creation—Membership—Duties. (1) The health and welfare
advisory board is created consisting of the insurance commissioner and the state risk manager, or their designees, as ex
officio members and six members appointed by the governor
on the basis of their experience and knowledge pertaining to
local government self-insured health and welfare benefits
programs. The board shall include one city management representative; one county management representative; two
management representatives from local government selfinsured health and welfare programs; and two representatives
of statewide employee organizations representing local government employees.
(2) The board shall assist the state risk manager in:
(a) Adopting rules governing the operation and management of both individual and joint self-insured health and welfare benefits programs;
(b) Reviewing and approving the creation of both individual and joint self-insured health and welfare benefits programs;
(c) Reviewing annual reports filed by health and welfare
benefits programs and in recommending that corrective
action be taken by the programs when necessary; and
(d) Responding to concerns of the state auditor related to
the management and operation of health and welfare benefits
programs.
(3) The board shall annually elect a chair and a vice-chair
from its members. The board shall meet at least quarterly at
such times as the state risk manager may fix. The board members who are appointed shall serve without compensation
from the state but shall suffer no loss because of absence
48.62.051
[Title 48 RCW—page 397]
48.62.061
Title 48 RCW: Insurance
from their regular employment. Members of the board who
are not public employees shall be compensated in accordance
with RCW 43.03.240.
(4) A majority of the board constitutes a quorum for the
transaction of business.
(5) The board shall keep public records of its proceedings. [1991 sp.s. c 30 § 5.]
48.62.061
48.62.061 Rule making by state risk manager—Standards. The state risk manager, in consultation with the property and liability advisory board, shall adopt rules governing
the management and operation of both individual and joint
local government self-insurance programs covering property
or liability risks. The state risk manager shall also adopt rules
governing the management and operation of both individual
and joint local government self-insured health and welfare
benefits programs in consultation with the health and welfare
benefits advisory board. All rules shall be appropriate for the
type of program and class of risk covered. The state risk manager’s rules shall include:
(1) Standards for the management, operation, and solvency of self-insurance programs, including the necessity
and frequency of actuarial analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance programs and private businesses including standards for contracts between third-party administrators and programs.
[1991 sp.s. c 30 § 6.]
48.62.071
48.62.071 Program approval required—State risk
manager—Plan of management and operation. Before
the establishment of a joint self-insurance program covering
property or liability risks by local government entities, or an
individual or joint local government self-insured health and
welfare benefits program, the entity or entities must obtain
the approval of the state risk manager. Risk manager
approval is not required for the establishment of an individual
local government self-insurance program covering property
or liability risks. The entity or entities proposing creation of a
self-insurance program requiring prior approval shall submit
a plan of management and operation to the state risk manager
and the state auditor that provides at least the following information:
(1) The risk or risks to be covered, including any coverage definitions, terms, conditions, and limitations or in the
case of health and welfare benefits programs, the benefits to
be provided, including any benefit definitions, terms, conditions, and limitations;
(2) The amount and method of financing the benefits or
covered risks, including the initial capital and proposed rates
and projected premiums;
(3) The proposed claim reserving practices;
(4) The proposed purchase and maintenance of insurance
or reinsurance in excess of the amounts retained by the selfinsurance program;
(5) In the case of a joint program, the legal form of the
program, including but not limited to any bylaws, charter, or
trust agreement;
[Title 48 RCW—page 398]
(6) In the case of a joint program, the agreements with
members of the program defining the responsibilities and
benefits of each member and management;
(7) The proposed accounting, depositing, and investment
practices of the program;
(8) The proposed time when actuarial analysis will be
first conducted and the frequency of future actuarial analysis;
(9) A designation of the individual upon whom service
of process shall be executed on behalf of the program. In the
case of a joint program, a designation of the individual to
whom service of process shall be forwarded by the risk manager on behalf of the program;
(10) All contracts between the program and private persons providing risk management, claims, or other administrative services;
(11) A professional analysis of the feasibility of creation
and maintenance of the program; and
(12) Any other information required by rule of the state
risk manager that is necessary to determine the probable
financial and management success of the program or that is
necessary to determine compliance with this chapter. [1991
sp.s. c 30 § 7.]
48.62.081 Multistate program participants—
Requirements. A local government entity may participate in
a joint self-insurance program covering property or liability
risks with similar local government entities from other states
if the program satisfies the following requirements:
(1) Only those local government entities of this state and
similar entities of other states that are provided insurance by
the program may have ownership interest in the program;
(2) The participating local government entities of this
state and other states shall elect a board of directors to manage the program, a majority of whom shall be affiliated with
one or more of the participating entities;
(3) The program must provide coverage through the
delivery to each participating entity of one or more written
policies effecting insurance of covered risks;
(4) The program shall be financed, including the payment of premiums and the contribution of initial capital, in
accordance with the plan of management and operation submitted to the state risk manager in accordance with this chapter;
(5) The financial statements of the program shall be
audited annually by the certified public accountants for the
program, and such audited financial statements shall be delivered to the Washington state auditor and the state risk manager not more than one hundred twenty days after the end of
each fiscal year of the program;
(6) The investments of the program shall be initiated
only with financial institutions and/or broker-dealers doing
business in those states in which participating entities are
located, and such investments shall be audited annually by
the certified public accountants for the program, and a list of
such investments shall be delivered to the Washington state
auditor not more than one hundred twenty days after the end
of each fiscal year of the program;
(7) The treasurer of a multistate joint self-insurance program shall be designated by resolution of the program and
such treasurer shall be located in the state of one of the participating entities;
48.62.081
(2008 Ed.)
Local Government Insurance Transactions
(8) The participating entities may have no contingent liabilities for covered claims, other than liabilities for unpaid
premiums, retrospective premiums, or assessments, if assets
of the program are insufficient to cover the program’s liabilities; and
(9) The program shall obtain approval from the state risk
manager in accordance with this chapter and shall remain in
compliance with the provisions of this chapter, except to the
extent that such provisions are modified by or inconsistent
with this section. [1991 sp.s. c 30 § 8.]
48.62.091 Program approval or disapproval—Procedures—Annual report. (1) Within one hundred twenty days
of receipt of a plan of management and operation, the state
risk manager shall either approve or disapprove the formation
of the self-insurance program after reviewing the plan to
determine whether the proposed program complies with this
chapter and all rules adopted in accordance with this chapter.
(2) If the state risk manager denies a request for
approval, the state risk manager shall specify in detail the reasons for denial and the manner in which the program fails to
meet the requirements of this chapter or any rules adopted in
accordance with this chapter.
(3) Whenever the state risk manager determines that a
joint self-insurance program covering property or liability
risks or an individual or joint self-insured health and welfare
benefits program is in violation of this chapter or is operating
in an unsafe financial condition, the state risk manager may
issue and serve upon the program an order to cease and desist
from the violation or practice.
(a) The state risk manager shall deliver the order to the
appropriate entity or entities directly or mail it to the appropriate entity or entities by registered mail with return receipt
requested.
(b) If the program violates the order or has not taken
steps to comply with the order after the expiration of twenty
days after the cease and desist order has been received by the
program, the program is deemed to be operating in violation
of this chapter, and the state risk manager shall notify the
state auditor and the attorney general of the violation.
(c) After hearing or with the consent of a program governed by this chapter and in addition to or in lieu of a continuation of the cease and desist order, the risk manager may
levy a fine upon the program in an amount not less than three
hundred dollars and not more than ten thousand dollars. The
order levying such fine shall specify the period within which
the fine shall be fully paid. The period within which such
fines shall be paid shall not be less than fifteen nor more than
thirty days from the date of such order. Upon failure to pay
any such fine when due the risk manager shall request the
attorney general to bring a civil action on the risk manager’s
behalf to collect the fine. The risk manager shall pay any fine
so collected to the state treasurer for the account of the general fund.
(4) Each self-insurance program approved by the state
risk manager shall annually file a report with the state risk
manager and state auditor providing:
(a) Details of any changes in the articles of incorporation, bylaws, or interlocal agreement;
(b) Copies of all the insurance coverage documents;
48.62.091
(2008 Ed.)
48.62.111
(c) A description of the program structure, including participants’ retention, program retention, and excess insurance
limits and attachment point;
(d) An actuarial analysis, if required;
(e) A list of contractors and service providers;
(f) The financial and loss experience of the program; and
(g) Such other information as required by rule of the
state risk manager.
(5) No self-insurance program requiring the state risk
manager’s approval may engage in an act or practice that in
any respect significantly differs from the management and
operation plan that formed the basis for the state risk manager’s approval of the program unless the program first notifies the state risk manager in writing and obtains the state risk
manager’s approval. The state risk manager shall approve or
disapprove the proposed change within sixty days of receipt
of the notice. If the state risk manager denies a requested
change, the risk manager shall specify in detail the reasons
for denial and the manner in which the program would fail to
meet the requirements of this chapter or any rules adopted in
accordance with this chapter. [1991 sp.s. c 30 § 9.]
48.62.101 Access to information—Executive sessions—Public records act. (1) All self-insurance programs
governed by this chapter may provide for executive sessions
in accordance with chapter 42.30 RCW to consider litigation
and settlement of claims when it appears that public discussion of these matters would impair the program’s ability to
conduct its business effectively.
(2) Notwithstanding any provision to the contrary contained in the public records act, chapter 42.56 RCW, in a
claim or action against the state or a local government entity,
no person is entitled to discover that portion of any funds or
liability reserve established for purposes of satisfying a claim
or cause of action, except that the reserve is discoverable in a
supplemental or ancillary proceeding to enforce a judgment.
All other records of individual or joint self-insurance programs are subject to disclosure in accordance with chapter
42.56 RCW.
(3) In accordance with chapter 42.56 RCW, bargaining
groups representing local government employees shall have
reasonable access to information concerning the experience
and performance of any health and welfare benefits program
established for the benefit of such employees. [2005 c 274 §
316; 1991 sp.s. c 30 § 10.]
48.62.101
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.62.111 Investments—Designated treasurer—
Deposit requirements—Bond. (1) The assets of a joint selfinsurance program governed by this chapter may be invested
only in accordance with the general investment authority that
participating local government entities possess as a governmental entity.
(2) Except as provided in subsection (3) of this section, a
joint self-insurance program may invest all or a portion of its
assets by depositing the assets with the treasurer of a county
within whose territorial limits any of its member local government entities lie, to be invested by the treasurer for the
joint program.
48.62.111
[Title 48 RCW—page 399]
48.62.121
Title 48 RCW: Insurance
(3) Local government members of a joint self-insurance
program may by resolution of the program designate some
other person having experience in financial or fiscal matters
as treasurer of the program, if that designated treasurer is
located in Washington state. The program shall, unless the
program’s treasurer is a county treasurer, require a bond
obtained from a surety company authorized to do business in
Washington in an amount and under the terms and conditions
that the program finds will protect against loss arising from
mismanagement or malfeasance in investing and managing
program funds. The program may pay the premium on the
bond.
All program funds must be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by the
treasurer or a person appointed by the program and upon
orders or vouchers approved by the program or as authorized
under chapters 35A.40 and 42.24 RCW. The treasurer shall
establish a program account, into which shall be recorded all
program funds, and the treasurer shall maintain special
accounts as may be created by the program into which the
treasurer shall record all money as the program may direct by
resolution.
(4) The treasurer of the joint program shall deposit all
program funds in a public depository or depositories as
defined in RCW 39.58.010(2) and under the same restrictions, contracts, and security as provided for any participating
local government entity, and the depository shall be designated by resolution of the program.
(5) A joint self-insurance program may invest all or a
portion of its assets by depositing the assets with the state
investment board, to be invested by the state investment
board in accordance with chapter 43.33A RCW. The state
investment board shall designate a manager for those funds to
whom the program may direct requests for disbursement
upon orders or vouchers approved by the program or as
authorized under chapters 35A.40 and 42.24 RCW.
(6) All interest and earnings collected on joint program
funds belong to the program and must be deposited to the
program’s credit in the proper program account.
(7) A joint program may require a reasonable bond from
any person handling money or securities of the program and
may pay the premium for the bond.
(8) Subsections (3) and (4) of this section do not apply to
a multistate joint self-insurance program governed by RCW
48.62.081. [2003 c 248 § 20; 1991 sp.s. c 30 § 11.]
48.62.121 General operating regulations—Employee
remuneration—Governing control—School districts—
Use of agents and brokers—Health care services—Trusts.
(Effective until July 1, 2009.) (1) No employee or official of
a local government entity may directly or indirectly receive
anything of value for services rendered in connection with
the operation and management of a self-insurance program
other than the salary and benefits provided by his or her
employer or the reimbursement of expenses reasonably
incurred in furtherance of the operation or management of the
program. No employee or official of a local government
entity may accept or solicit anything of value for personal
benefit or for the benefit of others under circumstances in
which it can be reasonably inferred that the employee’s or
48.62.121
[Title 48 RCW—page 400]
official’s independence of judgment is impaired with respect
to the management and operation of the program.
(2)(a) No local government entity may participate in a
joint self-insurance program in which local government entities do not retain complete governing control. This prohibition does not apply to:
(i) Local government contribution to a self-insured
employee health and welfare benefits plan otherwise authorized and governed by state statute;
(ii) Local government participation in a multistate joint
program where control is shared with local government entities from other states; or
(iii) Local government contribution to a self-insured
employee health and welfare benefit trust in which the local
government shares governing control with their employees.
(b) If a local government self-insured health and welfare
benefit program, established by the local government as a
trust, shares governing control of the trust with its employees:
(i) The local government must maintain at least a fifty
percent voting control of the trust;
(ii) No more than one voting, nonemployee, union representative selected by employees may serve as a trustee; and
(iii) The trust agreement must contain provisions for resolution of any deadlock in the administration of the trust.
(3) Moneys made available and moneys expended by
school districts and educational service districts for selfinsurance under this chapter are subject to such rules of the
superintendent of public instruction as the superintendent
may adopt governing budgeting and accounting. However,
the superintendent shall ensure that the rules are consistent
with those adopted by the state risk manager for the management and operation of self-insurance programs.
(4) RCW 48.30.140, 48.30.150, 48.30.155, and
48.30.157 apply to the use of agents and brokers by local
government self-insurance programs.
(5) Every individual and joint local government selfinsured health and welfare benefits program that provides
comprehensive coverage for health care services shall
include mandated benefits that the state health care authority
is required to provide under RCW 41.05.170 and 41.05.180.
The state risk manager may adopt rules identifying the mandated benefits.
(6) An employee health and welfare benefit program
established as a trust shall contain a provision that trust funds
be expended only for purposes of the trust consistent with
statutes and rules governing the local government or governments creating the trust. [1993 c 458 § 1; 1991 sp.s. c 30 §
12.]
Review of health care trusts—1993 c 458: "If chapter 492, Laws of
1993 is enacted into law, the provisions of chapter 48.62 RCW shall be
reviewed to evaluate the extent to which health care trusts provide benefits to
certain individuals in the state; and to review the federal laws that may constrain the organization or operation of these joint employee-employer entities. The health services commission shall make appropriate recommendations to the governor and the legislature as to how these trusts can be brought
under the provisions of chapter 492, Laws of 1993." [1993 c 458 § 3.]
48.62.121 General operating regulations—Employee
remuneration—Governing control—School districts—
Use of insurance producers—Health care services—
Trusts. (Effective July 1, 2009.) (1) No employee or official
of a local government entity may directly or indirectly
48.62.121
(2008 Ed.)
Local Government Insurance Transactions
receive anything of value for services rendered in connection
with the operation and management of a self-insurance program other than the salary and benefits provided by his or her
employer or the reimbursement of expenses reasonably
incurred in furtherance of the operation or management of the
program. No employee or official of a local government
entity may accept or solicit anything of value for personal
benefit or for the benefit of others under circumstances in
which it can be reasonably inferred that the employee’s or
official’s independence of judgment is impaired with respect
to the management and operation of the program.
(2)(a) No local government entity may participate in a
joint self-insurance program in which local government entities do not retain complete governing control. This prohibition does not apply to:
(i) Local government contribution to a self-insured
employee health and welfare benefits plan otherwise authorized and governed by state statute;
(ii) Local government participation in a multistate joint
program where control is shared with local government entities from other states; or
(iii) Local government contribution to a self-insured
employee health and welfare benefit trust in which the local
government shares governing control with their employees.
(b) If a local government self-insured health and welfare
benefit program, established by the local government as a
trust, shares governing control of the trust with its employees:
(i) The local government must maintain at least a fifty
percent voting control of the trust;
(ii) No more than one voting, nonemployee, union representative selected by employees may serve as a trustee; and
(iii) The trust agreement must contain provisions for resolution of any deadlock in the administration of the trust.
(3) Moneys made available and moneys expended by
school districts and educational service districts for selfinsurance under this chapter are subject to such rules of the
superintendent of public instruction as the superintendent
may adopt governing budgeting and accounting. However,
the superintendent shall ensure that the rules are consistent
with those adopted by the state risk manager for the management and operation of self-insurance programs.
(4) RCW 48.30.140, 48.30.150, 48.30.155, and
48.30.157 apply to the use of insurance producers by local
government self-insurance programs.
(5) Every individual and joint local government selfinsured health and welfare benefits program that provides
comprehensive coverage for health care services shall
include mandated benefits that the state health care authority
is required to provide under RCW 41.05.170 and 41.05.180.
The state risk manager may adopt rules identifying the mandated benefits.
(6) An employee health and welfare benefit program
established as a trust shall contain a provision that trust funds
be expended only for purposes of the trust consistent with
statutes and rules governing the local government or governments creating the trust. [2008 c 217 § 62; 1993 c 458 § 1;
1991 sp.s. c 30 § 12.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Review of health care trusts—1993 c 458: "If chapter 492, Laws of
1993 is enacted into law, the provisions of chapter 48.62 RCW shall be
(2008 Ed.)
48.62.151
reviewed to evaluate the extent to which health care trusts provide benefits to
certain individuals in the state; and to review the federal laws that may constrain the organization or operation of these joint employee-employer entities. The health services commission shall make appropriate recommendations to the governor and the legislature as to how these trusts can be brought
under the provisions of chapter 492, Laws of 1993." [1993 c 458 § 3.]
48.62.123 Existing benefit program established as a
trust—Risk manager—Limited extension of deadline for
compliance. No local government self-insured employee
health and welfare benefit program established as a trust by a
local government entity or entities prior to July 25, 1993, may
continue in operation unless such program complies with the
provisions of this chapter within one hundred eighty days
after July 25, 1993. The state risk manager may extend such
period if the risk manager finds that such local government
entity or entities are making a good faith effort and taking all
necessary steps to comply with this chapter; however, in no
event may the risk manager extend the period required for
compliance more than ninety days after the expiration of the
initial one hundred eighty-day period. [1993 c 458 § 2.]
48.62.123
Review of health care trusts—1993 c 458: See note following RCW
48.62.121.
48.62.125 Educational service districts—Rules—
Superintendent of public instruction. All rules adopted by
the superintendent of public instruction by January 1, 1992,
that apply to self-insurance programs of educational service
districts remain in effect until expressly amended, repealed,
or superseded by the state risk manager or the state health
care authority. [1991 sp.s. c 30 § 31.]
48.62.125
48.62.131 Preexisting programs—Notice to state
auditor. Every local government entity that has established
a self-insurance program not subject to the prior approval
requirements of this chapter shall provide written notice to
the state auditor of the existence of the program. The notice
must identify the manager of the program and the class or
classes of risk self-insured. The notice must also identify all
investments and distribution of assets of the program, the current depository of assets and the program’s designation of
asset depository and investment agent as required by RCW
48.62.111. In addition, the local government entity shall
notify the state auditor whenever the program covers a new
class of risk or discontinues the self-insurance of a class of
risk. [1991 sp.s. c 30 § 13.]
48.62.131
48.62.141 Insufficient assets—Program requirement.
Every joint self-insurance program covering liability or property risks, excluding multistate programs governed by RCW
48.62.081, shall provide for the contingent liability of participants in the program if assets of the program are insufficient
to cover the program’s liabilities. [1991 sp.s. c 30 § 14.]
48.62.141
48.62.151 Insurance premium taxes—Exemption.
(Effective until July 1, 2009.) A joint self-insurance program approved in accordance with this chapter is exempt
from insurance premium taxes, from fees assessed under
chapter 48.02 RCW, from chapters 48.32 and 48.32A RCW,
from business and occupations taxes imposed under chapter
82.04 RCW, and from any assigned risk plan or joint under48.62.151
[Title 48 RCW—page 401]
48.62.151
Title 48 RCW: Insurance
writing association otherwise required by law. This section
does not apply to and no exemption is provided for insurance
companies issuing policies to cover program risks, nor does it
apply to or provide an exemption for third-party administrators or brokers serving the self-insurance program. [1991
sp.s. c 30 § 15.]
48.62.151 Insurance premium taxes—Exemption.
(Effective July 1, 2009.) A joint self-insurance program
approved in accordance with this chapter is exempt from
insurance premium taxes, from fees assessed under chapter
48.02 RCW, from chapters 48.32 and 48.32A RCW, from
business and occupations taxes imposed under chapter 82.04
RCW, and from any assigned risk plan or joint underwriting
association otherwise required by law. This section does not
apply to and no exemption is provided for insurance companies issuing policies to cover program risks, nor does it apply
to or provide an exemption for third-party administrators or
insurance producers serving the self-insurance program.
[2008 c 217 § 63; 1991 sp.s. c 30 § 15.]
boards, or the state auditor, unless actual malice, fraud, or bad
faith is shown.
(3) The immunity granted by this section is in addition to
any common law or statutory privilege or immunity enjoyed
by such person, and nothing in this section is intended to
abrogate or modify in any way such common law or statutory
privilege or immunity. [1991 sp.s. c 30 § 17.]
48.62.151
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.62.900 Effective date, implementation, application—1991 sp.s. c 30. (1) This act shall take effect January
1, 1992, but the state risk manager shall take all steps necessary to implement this act on its effective date.
(2) Every individual local government self-insured
employee health and welfare plan and self-insurance program
that has been in continuous operation for at least one year
before January 1, 1992, need not obtain approval to continue
operations until January 1, 1993, but must comply with all
other provisions of this act.
(3) Local government entity authority to self-insure
employee health and welfare benefits applies retroactively to
1979. [1991 sp.s. c 30 § 30.]
48.62.900
48.62.901 Severability—1991 sp.s. c 30. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1991 sp.s. c 30 § 32.]
48.62.901
48.62.161 Establishment of fee to cover costs—
Boards—State risk manager. (1) The state risk manager
shall establish and charge an investigation fee in an amount
necessary to cover the costs for the initial review and
approval of a self-insurance program. The fee must accompany the initial submission of the plan of operation and management.
(2) The costs of subsequent reviews and investigations
shall be charged to the self-insurance program being
reviewed or investigated in accordance with the actual time
and expenses incurred in the review or investigation.
(3) After the formation of the two advisory boards, each
board may calculate, levy, and collect from each joint property and liability self-insurance program and each individual
and joint health and welfare benefit program regulated by this
chapter a start-up assessment to pay initial expenses and
operating costs of the boards and the risk manager’s office in
administering this chapter. Any program failing to remit its
assessment when due is subject to denial of permission to
operate or to a cease and desist order until the assessment is
paid. [1991 sp.s. c 30 § 16.]
48.62.161
48.62.171 Dissemination of information—Civil
immunity. (1) Any person who files reports or furnishes
other information required under Title 48 RCW, required by
the risk manager or the state auditor under authority granted
by Title 48 RCW, or which is useful to the risk manager or
the state auditor in the administration of Title 48 RCW, shall
be immune from liability in any civil action or suit arising
from the filing of any such report or furnishing such information to the risk manager or to the state auditor, unless actual
malice, fraud, or bad faith is shown.
(2) The risk manager and the state auditor, and the agents
and employees of each, are immune from liability in any civil
action or suit arising from the publication of any report or
bulletins or arising from dissemination of information related
to the official activities of the risk manager, the advisory
48.62.171
[Title 48 RCW—page 402]
Chapter 48.66 RCW
MEDICARE SUPPLEMENTAL HEALTH
INSURANCE ACT
Chapter 48.66
Sections
48.66.010
48.66.020
48.66.025
48.66.030
48.66.035
48.66.041
48.66.045
48.66.050
48.66.055
48.66.060
48.66.070
48.66.080
48.66.090
48.66.100
48.66.110
48.66.120
48.66.130
48.66.140
48.66.150
48.66.160
48.66.165
48.66.900
48.66.910
Short title—Intent—Application of chapter.
Definitions.
Restrictions on issuers—Age of applicants—Preexisting conditions.
Renewability—Benefit standards—Benefit limitations.
Commissioner’s approval required.
Minimum standards required by rule—Waiver.
Mandated coverage for replacement policies—Rates on a
community-rated basis.
Policy or certificate provisions prohibited by rule—Waivers
restricted.
Termination or disenrollment—Application for coverage—
Eligible persons—Types of policies—Guaranteed issue periods.
Equal coverage of sickness and accidents.
Adjustment of benefits and premiums for medicare cost-sharing.
"Benefit period"—"Medicare benefit period"—Minimum
requirements.
Guaranteed renewable—Exceptions.
Loss ratio requirements—Mass sales practices of individual
policies.
Disclosure by insurer—Outline of coverage required.
Return of policy and refund of premium—Notice required—
Effect of return.
Preexisting condition limitations.
Medical history.
Reporting and recordkeeping, separate data required.
Federal law supersedes.
Conformity with federal law—Rules.
Severability—1981 c 153.
Effective date—1981 c 153.
48.66.010 Short title—Intent—Application of chapter. This chapter shall be known and may be cited as "The
Medicare Supplemental Health Insurance Act" and is
48.66.010
(2008 Ed.)
Medicare Supplemental Health Insurance Act
intended to govern the content and sale of medicare supplemental insurance as defined in this chapter. The provisions of
this chapter shall apply in addition to, rather than in place of,
other requirements of Title 48 RCW. [1981 c 153 § 1.]
48.66.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Medicare supplemental insurance" or "medicare
supplement insurance policy" refers to a group or individual
policy of disability insurance or a subscriber contract of a
health care service contractor, a health maintenance organization, or a fraternal benefit society, which relates its benefits
to medicare, or which is advertised, marketed, or designed
primarily as a supplement to reimbursements under medicare
for the hospital, medical, or surgical expenses of persons eligible for medicare. Such term does not include:
(a) A policy or contract of one or more employers or
labor organizations, or of the trustees of a fund established by
one or more employers or labor organizations, or combination thereof, for employees or former employees, or combination thereof, or for members or former members, or combination thereof, of the labor organizations; or
(b) A policy issued pursuant to a contract under section
1876 of the federal social security act (42 U.S.C. Sec. 1395 et
seq.), or an issued policy under a demonstration specified in
42 U.S.C. Sec. 1395(g)(1); or
(c) Medicare advantage plans established under medicare part C; or
(d) Outpatient prescription drug plans established under
medicare part D; or
(e) Any health care prepayment plan that provides benefits pursuant to an agreement under section 1833(a)(1)(A) of
the federal social security act.
(2) "Medicare" means the "Health Insurance for the
Aged Act," Title XVIII of the Social Security Amendments
of 1965, as then constituted or later amended.
(3) "Medicare advantage plan" means a plan of coverage
for health benefits under medicare part C as defined in 42
U.S.C. Sec. 1395w-28(b), and includes:
(a) Coordinated care plans which provide health care services, including but not limited to health maintenance organization plans (with or without a point-of-service option), plans
offered by provider-sponsored organizations, and preferred
provider organization plans;
(b) Medical savings account plans coupled with a contribution into a medicare advantage plan medical savings
account; and
(c) Medicare advantage private fee-for-service plans.
(4) "Medicare eligible expenses" means health care
expenses of the kinds covered by medicare parts A and B, to
the extent recognized as reasonable and medically necessary
by medicare.
(5) "Applicant" means:
(a) In the case of an individual medicare supplement
insurance policy or subscriber contract, the person who seeks
to contract for insurance benefits; and
(b) In the case of a group medicare supplement insurance
policy or subscriber contract, the proposed certificate holder.
48.66.020
(2008 Ed.)
48.66.020
(6) "Certificate" means any certificate delivered or
issued for delivery in this state under a group medicare supplement insurance policy.
(7) "Loss ratio" means the incurred claims as a percentage of the earned premium computed under rules adopted by
the insurance commissioner.
(8) "Preexisting condition" means a covered person’s
medical condition that caused that person to have received
medical advice or treatment during a specified time period
immediately prior to the effective date of coverage.
(9) "Disclosure form" means the form designated by the
insurance commissioner which discloses medicare benefits,
the supplemental benefits offered by the insurer, and the
remaining amount for which the insured will be responsible.
(10) "Issuer" includes insurance companies, health care
service contractors, health maintenance organizations, fraternal benefit societies, and any other entity delivering or issuing for delivery medicare supplement policies or certificates
to a resident of this state.
(11) "Bankruptcy" means when a medicare advantage
organization that is not an issuer has filed, or has had filed
against it, a petition for declaration of bankruptcy and has
ceased doing business in the state.
(12) "Continuous period of creditable coverage" means
the period during which an individual was covered by creditable coverage, if during the period of the coverage the individual had no breaks in coverage greater than sixty-three
days.
(13)(a) "Creditable coverage" means, with respect to an
individual, coverage of the individual provided under any of
the following:
(i) A group health plan;
(ii) Health insurance coverage;
(iii) Part A or part B of Title XVIII of the social security
act (medicare);
(iv) Title XIX of the social security act (medicaid), other
than coverage consisting solely of benefits under section
1928;
(v) Chapter 55 of Title 10 U.S.C. (CHAMPUS);
(vi) A medical care program of the Indian health service
or of a tribal organization;
(vii) A state health benefits risk pool;
(viii) A health plan offered under chapter 89 of Title 5
U.S.C. (federal employees health benefits program);
(ix) A public health plan as defined in federal regulation;
and
(x) A health benefit plan under section 5(e) of the peace
corps act (22 U.S.C. Sec. 2504(e)).
(b) "Creditable coverage" does not include one or more,
or any combination, of the following:
(i) Coverage only for accident or disability income insurance, or any combination thereof;
(ii) Coverage issued as a supplement to liability insurance;
(iii) Liability insurance, including general liability insurance and automobile liability insurance;
(iv) Worker’s compensation or similar insurance;
(v) Automobile medical payment insurance;
(vi) Credit-only insurance;
(vii) Coverage for on-site medical clinics; and
[Title 48 RCW—page 403]
48.66.025
Title 48 RCW: Insurance
(viii) Other similar insurance coverage, specified in federal regulations, under which benefits for medical care are
secondary or incidental to other insurance benefits.
(c) "Creditable coverage" does not include the following
benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral
part of the plan:
(i) Limited scope dental or vision benefits;
(ii) Benefits for long-term care, nursing home care, home
health care, community-based care, or any combination
thereof; and
(iii) Other similar, limited benefits as are specified in
federal regulations.
(d) "Creditable coverage" does not include the following
benefits if offered as independent, noncoordinated benefits:
(i) Coverage only for a specified disease or illness; and
(ii) Hospital indemnity or other fixed indemnity insurance.
(e) "Creditable coverage" does not include the following
if it is offered as a separate policy, certificate, or contract of
insurance:
(i) Medicare supplemental health insurance as defined
under section 1882(g)(1) of the social security act;
(ii) Coverage supplemental to the coverage provided
under chapter 55 of Title 10 U.S.C.; and
(iii) Similar supplemental coverage provided to coverage
under a group health plan.
(14) "Employee welfare benefit plan" means a plan,
fund, or program of employee benefits as defined in 29
U.S.C. Sec. 1002 (employee retirement income security act).
(15) "Insolvency" means when an issuer, licensed to
transact the business of insurance in this state, has had a final
order of liquidation entered against it with a finding of insolvency by a court of competent jurisdiction in the issuer’s state
of domicile. [2005 c 41 § 3; 1996 c 269 § 1; 1995 c 85 § 1;
1992 c 138 § 1; 1981 c 153 § 2.]
Intent—2005 c 41: See note following RCW 48.66.025.
Effective date—1996 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 29, 1996]." [1996 c 269 § 2.]
48.66.025 Restrictions on issuers—Age of applicants—Preexisting conditions. (1) An issuer may not deny
or condition the issuance or effectiveness of any medicare
supplement policy or certificate available for sale in this
state, or discriminate in the pricing of a policy or certificate,
because of the health status, claims experience, receipt of
health care, or medical condition of an applicant in the case of
an application for a policy or certificate that is submitted
prior to or during the six-month period beginning with the
first day of the first month in which an individual is both
sixty-five years of age or older and is enrolled for benefits
under medicare part B. Each medicare supplement policy
and certificate currently available from an insurer must be
made available to all applicants who qualify under this subsection without regard to age.
(2) If an applicant qualifies under this section and submits an application during the time period referenced in subsection (1) of this section and, as of the date of application,
has had a continuous period of creditable coverage of at least
48.66.025
[Title 48 RCW—page 404]
three months, the issuer may not exclude benefits based on a
preexisting condition.
(3) If an applicant qualified under this section submits an
application during the time period referenced in subsection
(1) of this section and, as of the date of application, has had a
continuous period of creditable coverage that is less than
three months, the issuer must reduce the period of any preexisting condition exclusion by the aggregate of the period of
creditable coverage applicable to the applicant as of the
enrollment date. [2005 c 41 § 2.]
Intent—2005 c 41: "This act is intended to satisfy the directive from
the centers for medicare and medicaid services requiring states to implement
changes to their medicare supplement insurance requirements to comply
with the standards prescribed by the medicare modernization act that are
consistent with amendments to the national association of insurance commissioners medicare supplement insurance minimum standards model act
along with other corrections to be compliant with federal requirements."
[2005 c 41 § 1.]
48.66.030
48.66.030 Renewability—Benefit standards—Benefit
limitations. (1) A medicare supplement insurance policy
which provides for the payment of benefits may not be based
on standards described as "usual and customary," "reasonable
and customary," or words of similar import.
(2) Limitations on benefits, such as policy exclusions or
waiting periods, shall be labeled in a separate section of the
policy or placed with the benefit provisions to which they
apply, rather than being included in other sections of the policy, rider, or endorsement. [1992 c 138 § 2; 1981 c 153 § 3.]
48.66.035
48.66.035 Commissioner’s approval required. (1) A
medicare supplement insurance policy or certificate form or
application form, rider, or endorsement shall not be issued,
delivered, or used unless it has been filed with and approved
by the commissioner.
(2) Rates, or modification of rates, for medicare supplement policies or certificates shall not be used until filed with
and approved by the commissioner.
(3) Every filing shall be received not less than thirty days
in advance of any such issuance, delivery, or use. At the expiration of such thirty days the form or rate so filed shall be
deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner.
The commissioner may extend by not more than an additional fifteen days the period within which he or she may
affirmatively approve or disapprove any such form or rate, by
giving notice of such extension before expiration of the initial
thirty-day waiting period. At the expiration of any such
period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form or rate shall
be deemed approved. A filing of a form or rate or modification thereto may not be deemed approved unless the filing
contains all required documents prescribed by the commissioner. The commissioner may withdraw any such approval
at any time for cause. By approval of any such form or rate
for immediate use, the commissioner may waive any unexpired portion of such initial thirty-day waiting period.
(4) The commissioner’s order disapproving any such
form or rate or withdrawing a previous approval shall state
the grounds therefor.
(2008 Ed.)
Medicare Supplemental Health Insurance Act
(5) A form or rate shall not knowingly be issued, delivered, or used if the commissioner’s approval does not then
exist. [1992 c 138 § 3.]
48.66.041 Minimum standards required by rule—
Waiver. (1) The insurance commissioner shall adopt rules to
establish minimum standards for benefits in medicare supplement insurance policies and certificates.
(2) The commissioner shall adopt rules to establish specific standards for medicare supplement insurance policy or
certificate provisions. These rules may include but are not
limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions;
(d) Definitions of terms;
(e) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements;
(f) Establishing uniform methodology for calculating
and reporting loss ratios;
(g) Assuring public access to policies, premiums, and
loss ratio information of an issuer of medicare supplement
insurance;
(h) Establishing a process for approving or disapproving
proposed premium increases; and
(i) Establishing standards for medicare SELECT policies
and certificates.
(3) The insurance commissioner may adopt rules that
establish disclosure standards for replacement of policies or
certificates by persons eligible for medicare.
(4) The insurance commissioner may by rule prescribe
that an informational brochure, designed to improve the
buyer’s understanding of medicare and ability to select the
most appropriate coverage, be provided to persons eligible
for medicare by reason of age. The commissioner may
require that the brochure be provided to applicants concurrently with delivery of the outline of coverage, except with
respect to direct response insurance, when the brochure may
be provided upon request but no later than the delivery of the
policy.
(5) In the case of a state or federally qualified health
maintenance organization, the commissioner may waive
compliance with one or all provisions of this section until
January 1, 1983. [1993 c 388 § 1; 1992 c 138 § 4; 1982 c 200
§ 1.]
48.66.041
48.66.045 Mandated coverage for replacement policies—Rates on a community-rated basis. Every issuer of a
medicare supplement insurance policy or certificate providing coverage to a resident of this state issued on or after January 1, 1996, shall:
(1) Unless otherwise provided for in RCW 48.66.055,
issue coverage under its standardized benefit plans B, C, D,
E, F, G, K, and L without evidence of insurability to any resident of this state who is eligible for both medicare hospital
and physician services by reason of age or by reason of disability or end-stage renal disease, if the medicare supplement
policy replaces another medicare supplement standardized
benefit plan policy or certificate B, C, D, E, F, G, K, or L, or
48.66.045
(2008 Ed.)
48.66.055
other more comprehensive coverage than the replacing policy;
(2) Unless otherwise provided for in RCW 48.66.055,
issue coverage under its standardized plans A, H, I, and J
without evidence of insurability to any resident of this state
who is eligible for both medicare hospital and physician services by reason of age or by reason of disability or end-stage
renal disease, if the medicare supplement policy replaces
another medicare supplement policy or certificate which is
the same standardized plan as the replaced policy. After
December 31, 2005, plans H, I, and J may be replaced only by
the same plan if that plan has been modified to remove outpatient prescription drug coverage; and
(3) Set rates only on a community-rated basis. Premiums
shall be equal for all policyholders and certificate holders
under a standardized medicare supplement benefit plan form,
except that an issuer may vary premiums based on spousal
discounts, frequency of payment, and method of payment
including automatic deposit of premiums and may develop
no more than two rating pools that distinguish between an
insured’s eligibility for medicare by reason of:
(a) Age; or
(b) Disability or end-stage renal disease. [2005 c 41 § 4;
2004 c 83 § 1; 1999 c 334 § 1; 1995 c 85 § 3.]
Intent—2005 c 41: See note following RCW 48.66.025.
Severability—2004 c 83: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 83 § 2.]
Effective date—2004 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2004]." [2004 c 83 § 3.]
Effective date—1999 c 334: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 1999]." [1999 c 334 § 2.]
48.66.050 Policy or certificate provisions prohibited
by rule—Waivers restricted. (1) The insurance commissioner may issue reasonable rules that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unfair,
unjust, or unfairly discriminatory to any person insured or
proposed to be insured under a medicare supplement insurance policy or certificate.
(2) No medicare supplement insurance policy may use
waivers to exclude, limit, or reduce coverage or benefits for
specifically named or described preexisting diseases or physical conditions. [1992 c 138 § 5; 1981 c 153 § 5.]
48.66.050
48.66.055 Termination or disenrollment—Application for coverage—Eligible persons—Types of policies—
Guaranteed issue periods. (Effective until July 1, 2009.)
(1) Under this section, persons eligible for a medicare supplement policy or certificate are those individuals described in
subsection (3) of this section who, subject to subsection
(3)(b)(ii) of this section, apply to enroll under the policy not
later than sixty-three days after the date of the termination of
enrollment described in subsection (3) of this section, and
who submit evidence of the date of termination or disenroll48.66.055
[Title 48 RCW—page 405]
48.66.055
Title 48 RCW: Insurance
ment, or medicare part D enrollment, with the application for
a medicare supplement policy.
(2) With respect to eligible persons, an issuer may not
deny or condition the issuance or effectiveness of a medicare
supplement policy described in subsection (4) of this section
that is offered and is available for issuance to new enrollees
by the issuer, shall not discriminate in the pricing of such a
medicare supplement policy because of health status, claims
experience, receipt of health care, or medical condition, and
shall not impose an exclusion of benefits based on a preexisting condition under such a medicare supplement policy.
(3) "Eligible persons" means an individual that meets the
requirements of (a), (b), (c), (d), (e), or (f) of this subsection,
as follows:
(a) The individual is enrolled under an employee welfare
benefit plan that provides health benefits that supplement the
benefits under medicare; and the plan terminates, or the plan
ceases to provide all such supplemental health benefits to the
individual;
(b)(i) The individual is enrolled with a medicare advantage organization under a medicare advantage plan under part
C of medicare, and any of the following circumstances apply,
or the individual is sixty-five years of age or older and is
enrolled with a program of all inclusive care for the elderly
(PACE) provider under section 1894 of the social security
act, and there are circumstances similar to those described in
this subsection (3)(b) that would permit discontinuance of the
individual’s enrollment with the provider if the individual
were enrolled in a medicare advantage plan:
(A) The certification of the organization or plan has been
terminated;
(B) The organization has terminated or otherwise discontinued providing the plan in the area in which the individual resides;
(C) The individual is no longer eligible to elect the plan
because of a change in the individual’s place of residence or
other change in circumstances specified by the secretary of
the United States department of health and human services,
but not including termination of the individual’s enrollment
on the basis described in section 1851(g)(3)(B) of the federal
social security act (where the individual has not paid premiums on a timely basis or has engaged in disruptive behavior
as specified in standards under section 1856 of the federal
social security act), or the plan is terminated for all individuals within a residence area;
(D) The individual demonstrates, in accordance with
guidelines established by the secretary of the United States
department of health and human services, that:
(I) The organization offering the plan substantially violated a material provision of the organization’s contract under
this part in relation to the individual, including the failure to
provide an enrollee on a timely basis medically necessary
care for which benefits are available under the plan or the
failure to provide such covered care in accordance with applicable quality standards; or
(II) The organization, an agent, or other entity acting on
the organization’s behalf materially misrepresented the
plan’s provisions in marketing the plan to the individual; or
(E) The individual meets other exceptional conditions as
the secretary of the United States department of health and
human services may provide.
[Title 48 RCW—page 406]
(ii)(A) An individual described in (b)(i) of this subsection may elect to apply (a) of this subsection by substituting,
for the date of termination of enrollment, the date on which
the individual was notified by the medicare advantage organization of the impending termination or discontinuance of
the medicare advantage plan it offers in the area in which the
individual resides, but only if the individual disenrolls from
the plan as a result of such notification.
(B) In the case of an individual making the election
under (b)(ii)(A) of this subsection, the issuer involved shall
accept the application of the individual submitted before the
date of termination of enrollment, but the coverage under
subsection (1) of this section is only effective upon termination of coverage under the medicare advantage plan involved;
(c)(i) The individual is enrolled with:
(A) An eligible organization under a contract under section 1876 (medicare risk or cost);
(B) A similar organization operating under demonstration project authority, effective for periods before April 1,
1999;
(C) An organization under an agreement under section
1833(a)(1)(A) (health care prepayment plan); or
(D) An organization under a medicare select policy; and
(ii) The enrollment ceases under the same circumstances
that would permit discontinuance of an individual’s election
of coverage under (b)(i) of this subsection;
(d) The individual is enrolled under a medicare supplement policy and the enrollment ceases because:
(i)(A) Of the insolvency of the issuer or bankruptcy of
the nonissuer organization; or
(B) Of other involuntary termination of coverage or
enrollment under the policy;
(ii) The issuer of the policy substantially violated a material provision of the policy; or
(iii) The issuer, an agent, or other entity acting on the
issuer’s behalf materially misrepresented the policy’s provisions in marketing the policy to the individual;
(e)(i) The individual was enrolled under a medicare supplement policy and terminates enrollment and subsequently
enrolls, for the first time, with any medicare advantage organization under a medicare advantage plan under part C of
medicare, any eligible organization under a contract under
section 1876 (medicare risk or cost), any similar organization
operating under demonstration project authority, any PACE
program under section 1894 of the social security act or a
medicare select policy; and
(ii) The subsequent enrollment under (e)(i) of this subsection is terminated by the enrollee during any period within
the first twelve months of such subsequent enrollment (during which the enrollee is permitted to terminate such subsequent enrollment under section 1851(e) of the federal social
security act);
(f) The individual, upon first becoming eligible for benefits under part A of medicare at age sixty-five, enrolls in a
medicare advantage plan under part C of medicare, or in a
PACE program under section 1894, and disenrolls from the
plan or program by not later than twelve months after the
effective date of enrollment; or
(g) The individual enrolls in a medicare part D plan during the initial enrollment period and, at the time of enrollment
in part D, was enrolled under a medicare supplement policy
(2008 Ed.)
Medicare Supplemental Health Insurance Act
that covers outpatient prescription drugs, and the individual
terminates enrollment in the medicare supplement policy and
submits evidence of enrollment in medicare part D along
with the application for a policy described in subsection
(4)(d) of this section.
(4) An eligible person under subsection (3) of this section is entitled to a medicare supplement policy as follows:
(a) A person eligible under subsection (3)(a), (b), (c), and
(d) of this section is entitled to a medicare supplement policy
that has a benefit package classified as plan A through F
(including F with a high deductible), K, or L, offered by any
issuer;
(b)(i) Subject to (b)(ii) of this subsection, a person eligible under subsection (3)(e) of this section is entitled to the
same medicare supplement policy in which the individual
was most recently previously enrolled, if available from the
same issuer, or, if not so available, a policy described in (a) of
this subsection;
(ii) After December 31, 2005, if the individual was most
recently enrolled in a medicare supplement policy with an
outpatient prescription drug benefit, a medicare supplement
policy described in this subsection (4)(b)(ii) is:
(A) The policy available from the same issuer but modified to remove outpatient prescription drug coverage; or
(B) At the election of the policyholder, an A, B, C, F
(including F with a high deductible), K, or L policy that is
offered by any issuer;
(c) A person eligible under subsection (3)(f) of this section is entitled to any medicare supplement policy offered by
any issuer; and
(d) A person eligible under subsection (3)(g) of this section is entitled to a medicare supplement policy that has a
benefit package classified as plan A, B, C, F (including F
with a high deductible), K, or L and that is offered and is
available for issuance to new enrollees by the same issuer that
issued the individual’s medicare supplement policy with outpatient prescription drug coverage.
(5)(a) At the time of an event described in subsection (3)
of this section, and because of which an individual loses coverage or benefits due to the termination of a contract, agreement, policy, or plan, the organization that terminates the
contract or agreement, the issuer terminating the policy, or
the administrator of the plan being terminated, respectively,
must notify the individual of his or her rights under this section, and of the obligations of issuers of medicare supplement
policies under subsection (1) of this section. The notice must
be communicated contemporaneously with the notification of
termination.
(b) At the time of an event described in subsection (3) of
this section, and because of which an individual ceases
enrollment under a contract, agreement, policy, or plan, the
organization that offers the contract or agreement, regardless
of the basis for the cessation of enrollment, the issuer offering
the policy, or the administrator of the plan, respectively, must
notify the individual of his or her rights under this section,
and of the obligations of issuers of medicare supplement policies under subsection (1) of this section. The notice must be
communicated within ten working days of the issuer receiving notification of disenrollment.
(6) Guaranteed issue time periods:
(2008 Ed.)
48.66.055
(a) In the case of an individual described in subsection
(3)(a) of this section, the guaranteed issue period begins on
the later of: (i) The date the individual receives a notice of
termination or cessation of all supplemental health benefits
(or, if a notice is not received, notice that a claim has been
denied because of a termination or cessation), or (ii) the date
that the applicable coverage terminates or ceases, and ends
sixty-three days thereafter;
(b) In the case of an individual described in subsection
(3)(b), (c), (e), or (f) of this section whose enrollment is terminated involuntarily, the guaranteed issue period begins on
the date that the individual receives a notice of termination
and ends sixty-three days after the date the applicable coverage is terminated;
(c) In the case of an individual described in subsection
(3)(d)(i) of this section, the guaranteed issue period begins on
the earlier of: (i) The date that the individual receives a
notice of termination, a notice of the issuer’s bankruptcy or
insolvency, or other such similar notice if any, and (ii) the
date that the applicable coverage is terminated, and ends on
the date that is sixty-three days after the date the coverage is
terminated;
(d) In the case of an individual described in subsection
(3)(b), (d)(ii) and (iii), (e), or (f) of this section, who disenrolls voluntarily, the guaranteed issue period begins on the
date that is sixty days before the effective date of the disenrollment and ends on the date that is sixty-three days after the
effective date;
(e) In the case of an individual described in subsection
(3)(g) of this section, the guaranteed issue period begins on
the date the individual receives notice pursuant to section
1882(v)(2)(B) of the federal social security act from the
medicare supplement issuer during the sixty-day period
immediately preceding the initial part D enrollment period
and ends on the date that is sixty-three days after the effective
date of the individual’s coverage under medicare part D; and
(f) In the case of an individual described in subsection
(3) of this section but not described in the preceding provisions of this subsection, the guaranteed issue period begins
on the effective date of disenrollment and ends on the date
that is sixty-three days after the effective date.
(7) In the case of an individual described in subsection
(3)(e) of this section whose enrollment with an organization
or provider described in subsection (3)(e)(i) of this section is
involuntarily terminated within the first twelve months of
enrollment, and who, without an intervening enrollment,
enrolls with another organization or provider, the subsequent
enrollment is an initial enrollment as described in subsection
(3)(e) of this section.
(8) In the case of an individual described in subsection
(3)(f) of this section whose enrollment with a plan or in a program described in subsection (3)(f) of this section is involuntarily terminated within the first twelve months of enrollment, and who, without an intervening enrollment, enrolls in
another plan or program, the subsequent enrollment is an initial enrollment as described in subsection (3)(f) of this section.
(9) For purposes of subsection (3)(e) and (f) of this section, an enrollment of an individual with an organization or
provider described in subsection (3)(e)(i) of this section, or
with a plan or in a program described in subsection (3)(f) of
[Title 48 RCW—page 407]
48.66.055
Title 48 RCW: Insurance
this section is not an initial enrollment under this subsection
after the two-year period beginning on the date on which the
individual first enrolled with such an organization, provider,
plan, or program. [2005 c 41 § 5; 2002 c 300 § 4.]
Intent—2005 c 41: See note following RCW 48.66.025.
48.66.055
48.66.055 Termination or disenrollment—Application for coverage—Eligible persons—Types of policies—
Guaranteed issue periods. (Effective July 1, 2009.) (1)
Under this section, persons eligible for a medicare supplement policy or certificate are those individuals described in
subsection (3) of this section who, subject to subsection
(3)(b)(ii) of this section, apply to enroll under the policy not
later than sixty-three days after the date of the termination of
enrollment described in subsection (3) of this section, and
who submit evidence of the date of termination or disenrollment, or medicare part D enrollment, with the application for
a medicare supplement policy.
(2) With respect to eligible persons, an issuer may not
deny or condition the issuance or effectiveness of a medicare
supplement policy described in subsection (4) of this section
that is offered and is available for issuance to new enrollees
by the issuer, shall not discriminate in the pricing of such a
medicare supplement policy because of health status, claims
experience, receipt of health care, or medical condition, and
shall not impose an exclusion of benefits based on a preexisting condition under such a medicare supplement policy.
(3) "Eligible persons" means an individual that meets the
requirements of (a), (b), (c), (d), (e), or (f) of this subsection,
as follows:
(a) The individual is enrolled under an employee welfare
benefit plan that provides health benefits that supplement the
benefits under medicare; and the plan terminates, or the plan
ceases to provide all such supplemental health benefits to the
individual;
(b)(i) The individual is enrolled with a medicare advantage organization under a medicare advantage plan under part
C of medicare, and any of the following circumstances apply,
or the individual is sixty-five years of age or older and is
enrolled with a program of all inclusive care for the elderly
(PACE) provider under section 1894 of the social security
act, and there are circumstances similar to those described in
this subsection (3)(b) that would permit discontinuance of the
individual’s enrollment with the provider if the individual
were enrolled in a medicare advantage plan:
(A) The certification of the organization or plan has been
terminated;
(B) The organization has terminated or otherwise discontinued providing the plan in the area in which the individual resides;
(C) The individual is no longer eligible to elect the plan
because of a change in the individual’s place of residence or
other change in circumstances specified by the secretary of
the United States department of health and human services,
but not including termination of the individual’s enrollment
on the basis described in section 1851(g)(3)(B) of the federal
social security act (where the individual has not paid premiums on a timely basis or has engaged in disruptive behavior
as specified in standards under section 1856 of the federal
[Title 48 RCW—page 408]
social security act), or the plan is terminated for all individuals within a residence area;
(D) The individual demonstrates, in accordance with
guidelines established by the secretary of the United States
department of health and human services, that:
(I) The organization offering the plan substantially violated a material provision of the organization’s contract under
this part in relation to the individual, including the failure to
provide an enrollee on a timely basis medically necessary
care for which benefits are available under the plan or the
failure to provide such covered care in accordance with applicable quality standards; or
(II) The organization, an insurance producer, or other
entity acting on the organization’s behalf materially misrepresented the plan’s provisions in marketing the plan to the
individual; or
(E) The individual meets other exceptional conditions as
the secretary of the United States department of health and
human services may provide.
(ii)(A) An individual described in (b)(i) of this subsection may elect to apply (a) of this subsection by substituting,
for the date of termination of enrollment, the date on which
the individual was notified by the medicare advantage organization of the impending termination or discontinuance of
the medicare advantage plan it offers in the area in which the
individual resides, but only if the individual disenrolls from
the plan as a result of such notification.
(B) In the case of an individual making the election
under (b)(ii)(A) of this subsection, the issuer involved shall
accept the application of the individual submitted before the
date of termination of enrollment, but the coverage under
subsection (1) of this section is only effective upon termination of coverage under the medicare advantage plan involved;
(c)(i) The individual is enrolled with:
(A) An eligible organization under a contract under section 1876 (medicare risk or cost);
(B) A similar organization operating under demonstration project authority, effective for periods before April 1,
1999;
(C) An organization under an agreement under section
1833(a)(1)(A) (health care prepayment plan); or
(D) An organization under a medicare select policy; and
(ii) The enrollment ceases under the same circumstances
that would permit discontinuance of an individual’s election
of coverage under (b)(i) of this subsection;
(d) The individual is enrolled under a medicare supplement policy and the enrollment ceases because:
(i)(A) Of the insolvency of the issuer or bankruptcy of
the nonissuer organization; or
(B) Of other involuntary termination of coverage or
enrollment under the policy;
(ii) The issuer of the policy substantially violated a material provision of the policy; or
(iii) The issuer, an insurance producer, or other entity
acting on the issuer’s behalf materially misrepresented the
policy’s provisions in marketing the policy to the individual;
(e)(i) The individual was enrolled under a medicare supplement policy and terminates enrollment and subsequently
enrolls, for the first time, with any medicare advantage organization under a medicare advantage plan under part C of
medicare, any eligible organization under a contract under
(2008 Ed.)
Medicare Supplemental Health Insurance Act
section 1876 (medicare risk or cost), any similar organization
operating under demonstration project authority, any PACE
program under section 1894 of the social security act or a
medicare select policy; and
(ii) The subsequent enrollment under (e)(i) of this subsection is terminated by the enrollee during any period within
the first twelve months of such subsequent enrollment (during which the enrollee is permitted to terminate such subsequent enrollment under section 1851(e) of the federal social
security act);
(f) The individual, upon first becoming eligible for benefits under part A of medicare at age sixty-five, enrolls in a
medicare advantage plan under part C of medicare, or in a
PACE program under section 1894, and disenrolls from the
plan or program by not later than twelve months after the
effective date of enrollment; or
(g) The individual enrolls in a medicare part D plan during the initial enrollment period and, at the time of enrollment
in part D, was enrolled under a medicare supplement policy
that covers outpatient prescription drugs, and the individual
terminates enrollment in the medicare supplement policy and
submits evidence of enrollment in medicare part D along
with the application for a policy described in subsection
(4)(d) of this section.
(4) An eligible person under subsection (3) of this section is entitled to a medicare supplement policy as follows:
(a) A person eligible under subsection (3)(a), (b), (c), and
(d) of this section is entitled to a medicare supplement policy
that has a benefit package classified as plan A through F
(including F with a high deductible), K, or L, offered by any
issuer;
(b)(i) Subject to (b)(ii) of this subsection, a person eligible under subsection (3)(e) of this section is entitled to the
same medicare supplement policy in which the individual
was most recently previously enrolled, if available from the
same issuer, or, if not so available, a policy described in (a) of
this subsection;
(ii) After December 31, 2005, if the individual was most
recently enrolled in a medicare supplement policy with an
outpatient prescription drug benefit, a medicare supplement
policy described in this subsection (4)(b)(ii) is:
(A) The policy available from the same issuer but modified to remove outpatient prescription drug coverage; or
(B) At the election of the policyholder, an A, B, C, F
(including F with a high deductible), K, or L policy that is
offered by any issuer;
(c) A person eligible under subsection (3)(f) of this section is entitled to any medicare supplement policy offered by
any issuer; and
(d) A person eligible under subsection (3)(g) of this section is entitled to a medicare supplement policy that has a
benefit package classified as plan A, B, C, F (including F
with a high deductible), K, or L and that is offered and is
available for issuance to new enrollees by the same issuer that
issued the individual’s medicare supplement policy with outpatient prescription drug coverage.
(5)(a) At the time of an event described in subsection (3)
of this section, and because of which an individual loses coverage or benefits due to the termination of a contract, agreement, policy, or plan, the organization that terminates the
contract or agreement, the issuer terminating the policy, or
(2008 Ed.)
48.66.055
the administrator of the plan being terminated, respectively,
must notify the individual of his or her rights under this section, and of the obligations of issuers of medicare supplement
policies under subsection (1) of this section. The notice must
be communicated contemporaneously with the notification of
termination.
(b) At the time of an event described in subsection (3) of
this section, and because of which an individual ceases
enrollment under a contract, agreement, policy, or plan, the
organization that offers the contract or agreement, regardless
of the basis for the cessation of enrollment, the issuer offering
the policy, or the administrator of the plan, respectively, must
notify the individual of his or her rights under this section,
and of the obligations of issuers of medicare supplement policies under subsection (1) of this section. The notice must be
communicated within ten working days of the issuer receiving notification of disenrollment.
(6) Guaranteed issue time periods:
(a) In the case of an individual described in subsection
(3)(a) of this section, the guaranteed issue period begins on
the later of: (i) The date the individual receives a notice of
termination or cessation of all supplemental health benefits
(or, if a notice is not received, notice that a claim has been
denied because of a termination or cessation), or (ii) the date
that the applicable coverage terminates or ceases, and ends
sixty-three days thereafter;
(b) In the case of an individual described in subsection
(3)(b), (c), (e), or (f) of this section whose enrollment is terminated involuntarily, the guaranteed issue period begins on
the date that the individual receives a notice of termination
and ends sixty-three days after the date the applicable coverage is terminated;
(c) In the case of an individual described in subsection
(3)(d)(i) of this section, the guaranteed issue period begins on
the earlier of: (i) The date that the individual receives a
notice of termination, a notice of the issuer’s bankruptcy or
insolvency, or other such similar notice if any, and (ii) the
date that the applicable coverage is terminated, and ends on
the date that is sixty-three days after the date the coverage is
terminated;
(d) In the case of an individual described in subsection
(3)(b), (d)(ii) and (iii), (e), or (f) of this section, who disenrolls voluntarily, the guaranteed issue period begins on the
date that is sixty days before the effective date of the disenrollment and ends on the date that is sixty-three days after the
effective date;
(e) In the case of an individual described in subsection
(3)(g) of this section, the guaranteed issue period begins on
the date the individual receives notice pursuant to section
1882(v)(2)(B) of the federal social security act from the
medicare supplement issuer during the sixty-day period
immediately preceding the initial part D enrollment period
and ends on the date that is sixty-three days after the effective
date of the individual’s coverage under medicare part D; and
(f) In the case of an individual described in subsection
(3) of this section but not described in the preceding provisions of this subsection, the guaranteed issue period begins
on the effective date of disenrollment and ends on the date
that is sixty-three days after the effective date.
(7) In the case of an individual described in subsection
(3)(e) of this section whose enrollment with an organization
[Title 48 RCW—page 409]
48.66.060
Title 48 RCW: Insurance
or provider described in subsection (3)(e)(i) of this section is
involuntarily terminated within the first twelve months of
enrollment, and who, without an intervening enrollment,
enrolls with another organization or provider, the subsequent
enrollment is an initial enrollment as described in subsection
(3)(e) of this section.
(8) In the case of an individual described in subsection
(3)(f) of this section whose enrollment with a plan or in a program described in subsection (3)(f) of this section is involuntarily terminated within the first twelve months of enrollment, and who, without an intervening enrollment, enrolls in
another plan or program, the subsequent enrollment is an initial enrollment as described in subsection (3)(f) of this section.
(9) For purposes of subsection (3)(e) and (f) of this section, an enrollment of an individual with an organization or
provider described in subsection (3)(e)(i) of this section, or
with a plan or in a program described in subsection (3)(f) of
this section is not an initial enrollment under this subsection
after the two-year period beginning on the date on which the
individual first enrolled with such an organization, provider,
plan, or program. [2008 c 217 § 64; 2005 c 41 § 5; 2002 c
300 § 4.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Intent—2005 c 41: See note following RCW 48.66.025.
48.66.060 Equal coverage of sickness and accidents.
A medicare supplement insurance policy may not indemnify
against losses resulting from sickness on a different basis
than losses resulting from accidents. [1981 c 153 § 6.]
48.66.060
48.66.070 Adjustment of benefits and premiums for
medicare cost-sharing. A medicare supplement insurance
policy must provide that benefits designed to cover cost-sharing amounts under medicare will be changed automatically to
coincide with any changes in the applicable medicare deductible amount and copayment percentage factors. Premiums
may be modified to correspond with such changes. [1981 c
153 § 7.]
48.66.070
48.66.080 "Benefit period"—"Medicare benefit
period"—Minimum requirements. "Benefit period" or
"medicare benefit period" may not be defined more restrictively than as defined in the medicare program. [1981 c 153
§ 8.]
48.66.080
48.66.090 Guaranteed renewable—Exceptions. All
medicare supplement policies must be guaranteed renewable
and a medicare supplement insurance policy may not provide
that the policy may be cancelled or nonrenewed by the
insurer solely on the grounds of deterioration of health. The
issuer shall not cancel or nonrenew the policy for any reason
other than nonpayment of premium or material misrepresentation. All medicare supplement policies and certificates
must include a renewal or continuation provision. The language or specifications of such provision must be
appropriately captioned, appear on the first page of the policy, and shall include any reservation by the issuer or a right
to change premium. [1992 c 138 § 6; 1981 c 153 § 9.]
48.66.090
[Title 48 RCW—page 410]
48.66.100 Loss ratio requirements—Mass sales practices of individual policies. (1) Medicare supplement insurance policies shall return to policyholders in the form of
aggregate benefits under the policy, for the entire period for
which rates are computed to provide coverage, loss ratios of:
(a) At least seventy-five percent of the aggregate amount
of premiums earned in the case of group policies; and
(b) At least sixty-five percent of the aggregate amount of
premiums earned in the case of individual policies.
(2) For the purpose of this section, medicare supplement
insurance policies issued as a result of solicitation of individuals through the mail or mass media advertising, including
both print and broadcast advertising, shall be treated as individual policies.
(3) The insurance commissioner may adopt rules sufficient to accomplish the provisions of this section and may, by
such rules, impose more stringent or appropriate loss ratio
requirements when it is necessary for the protection of the
public interest. [1992 c 138 § 7; 1982 c 200 § 2; 1981 c 153
§ 10.]
48.66.100
48.66.110 Disclosure by insurer—Outline of coverage required. In order to provide for full and fair disclosure
in the sale of medicare supplement policies, a medicare supplement policy or certificate shall not be delivered in this
state unless an outline of coverage is delivered to the potential policyholder not later than the time of application for the
policy. [1992 c 138 § 8; 1981 c 153 § 11.]
48.66.110
48.66.120 Return of policy and refund of premium—
Notice required—Effect of return. (Effective until July 1,
2009.) Every individual medicare supplement insurance policy issued after January 1, 1982, and every certificate issued
pursuant to a group medicare supplement policy after January
1, 1982, shall have prominently displayed on the first page of
the policy form or certificate a notice stating in substance that
the person to whom the policy or certificate is issued shall be
permitted to return the policy or certificate within thirty days
of its delivery to the purchaser and to have the premium
refunded if, after examination of the policy or certificate, the
purchaser is not satisfied with it for any reason. An additional
ten percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy to
the insurer or agent. If a policyholder or purchaser, pursuant
to such notice, returns the policy or certificate to the insurer
at its home or branch office or to the agent through whom it
was purchased, it shall be void from the beginning and the
parties shall be in the same position as if no policy or certificate had been issued. [1983 1st ex.s. c 32 § 12; 1982 c 200 §
3; 1981 c 153 § 12.]
48.66.120
48.66.120 Return of policy and refund of premium—
Notice required—Effect of return. (Effective July 1,
2009.) (1) Every individual medicare supplement insurance
policy issued after January 1, 1982, and every certificate
issued pursuant to a group medicare supplement policy after
January 1, 1982, shall have prominently displayed on the first
page of the policy form or certificate a notice stating in substance that the person to whom the policy or certificate is
issued shall be permitted to return the policy or certificate
within thirty days of its delivery to the purchaser and to have
48.66.120
(2008 Ed.)
Health Care Savings Account Act
the premium refunded if, after examination of the policy or
certificate, the purchaser is not satisfied with it for any reason. An additional ten percent penalty shall be added to any
premium refund due which is not paid within thirty days of
return of the policy to the insurer or insurance producer. If a
policyholder or purchaser, pursuant to such notice, returns
the policy or certificate to the insurer at its home or branch
office or to the insurance producer through whom it was purchased, it shall be void from the beginning and the parties
shall be in the same position as if no policy or certificate had
been issued.
(2) No later than January 1, 2010, or when the insurer has
used all of its existing paper individual medicare supplement
insurance policy forms which were in its possession on July
1, 2009, whichever is earlier, the notice required by subsection (1) of this section shall use the term insurance producer
in place of agent. [2008 c 217 § 65; 1983 1st ex.s. c 32 § 12;
1982 c 200 § 3; 1981 c 153 § 12.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.66.130 Preexisting condition limitations. (1) On or
after January 1, 1996, and notwithstanding any other provision of Title 48 RCW, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred
more than three months from the effective date of coverage
because it involved a preexisting condition.
(2) On or after January 1, 1996, a medicare supplement
policy or certificate shall not define a preexisting condition
more restrictively than as a condition for which medical
advice was given or treatment was recommended by or
received from a physician, or other health care provider acting within the scope of his or her license, within three months
before the effective date of coverage.
(3) If a medicare supplement insurance policy or certificate contains any limitations with respect to preexisting conditions, such limitations must appear as a separate paragraph
of the policy or certificate and be labeled as "Preexisting
Condition Limitations."
(4) No exclusion or limitation of preexisting conditions
may be applied to policies or certificates replaced in accordance with the provisions of RCW 48.66.045 if the policy or
certificate replaced had been in effect for at least three
months.
(5) If a medicare supplement policy or certificate
replaces another medicare supplement policy or certificate,
the replacing issuer shall waive any time periods applicable
to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new medicare supplement policy or certificate for similar benefits to the extent
such time was spent under the original policy.
(6) If a medicare supplement policy or certificate
replaces another medicare supplement policy or certificate
which has been in effect for at least three months, the replacing policy shall not provide any time period applicable to preexisting conditions, waiting periods, elimination periods, and
probationary periods for benefits similar to those contained in
the original policy or certificate. [2005 c 41 § 6; 2002 c 300
§ 3; 1995 c 85 § 2; 1992 c 138 § 9; 1981 c 153 § 13.]
48.66.130
Intent—2005 c 41: See note following RCW 48.66.025.
(2008 Ed.)
48.68.005
48.66.140 Medical history. Any time that completion
of a medical history of a patient is required in order for an
application for a medicare supplement insurance policy to be
accepted, that medical history must be completed by the
applicant, a relative of the applicant, a legal guardian of the
applicant, or a physician. [1981 c 153 § 14.]
48.66.140
48.66.150 Reporting and recordkeeping, separate
data required. Commencing with reports for accounting
periods beginning on or after January 1, 1982, insurers,
health care service contractors, health maintenance organizations, and fraternal benefit societies shall, for reporting and
recordkeeping purposes, separate data concerning medicare
supplement insurance policies and contracts from data concerning other disability insurance policies and contracts.
[1981 c 153 § 15.]
48.66.150
48.66.160 Federal law supersedes. In any case where
the provisions of this chapter conflict with provisions of the
"Health Insurance For The Aged Act," Title XVIII of the
Social Security Amendments of 1965, or any amendments
thereto or regulations promulgated thereunder, regarding any
contract between the secretary of health and human services
and a health maintenance organization, the provisions of the
"Health Insurance For The Aged Act" shall supersede and be
paramount. [1981 c 153 § 16.]
48.66.160
48.66.165 Conformity with federal law—Rules. The
commissioner may adopt, from time-to-time, such rules as
are necessary with respect to medicare supplemental insurance to conform Washington policies, contracts, certificates,
standards, and practices to the requirements of federal law,
specifically including 42 U.S.C. Sec. 1395ss, and federal regulations adopted thereunder. [1991 c 120 § 1.]
48.66.165
48.66.900 Severability—1981 c 153. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 153 § 17.]
48.66.900
48.66.910 Effective date—1981 c 153. This act shall
take effect January 1, 1982. [1981 c 153 § 19.]
48.66.910
Chapter 48.68 RCW
HEALTH CARE SAVINGS ACCOUNT ACT
Chapter 48.68
Sections
48.68.005
48.68.010
Intent—Health care savings accounts authorized.
Duties of governor and responsible agencies—Chapter to
remain in effect.
48.68.005 Intent—Health care savings accounts
authorized. (1) This chapter shall be known as the health
care savings account act.
(2) The legislature recognizes that the costs of health
care are increasing rapidly and most individuals are removed
from participating in the purchase of their health care.
As a result, it becomes critical to encourage and support
solutions to alleviate the demand for diminishing state
48.68.005
[Title 48 RCW—page 411]
48.68.010
Title 48 RCW: Insurance
resources. In response to these increasing costs in health care
spending, the legislature intends to clarify that health care
savings accounts may be offered as health benefit options to
all residents as incentives to reduce unnecessary health services utilization, administration, and paperwork, and to
encourage individuals to be in charge of and participate
directly in their use of service and health care spending. To
alleviate the possible impoverishment of residents requiring
long-term care, health care savings accounts may promote
savings for long-term care and provide incentives for individuals to protect themselves from financial hardship due to a
long-term health care need.
(3) Health care savings accounts are authorized in Washington state as options to employers and residents. [1995 c
265 § 2.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
48.68.010 Duties of governor and responsible agencies—Chapter to remain in effect. The governor and
responsible agencies shall:
(1) Request that the United States congress amend the
internal revenue code to treat premiums and contributions to
health benefits plans, such as health care savings account programs, basic health plans, conventional and standard health
plans offered through a health carrier, by employers, selfemployed persons, and individuals, as fully excluded
employer expenses and deductible from individual adjusted
gross income for federal tax purposes.
(2) Request that the United States congress amend the
internal revenue code to exempt from federal income tax
interest that accrues in health care savings accounts until such
money is withdrawn for expenditures other than eligible
health expenses as defined in law.
(3) If all federal statute or regulatory waivers necessary
to fully implement this chapter have not been obtained by
July 1, 1995, this chapter shall remain in effect. [1995 c 265
§ 3.]
48.68.010
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
Chapter 48.70
Chapter 48.70 RCW
SPECIFIED DISEASE INSURANCE ACT
48.70.020 Definitions—Rules. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Specified disease policy" refers to any insurance
policy or contract which provides benefits to a policyholder
only in the event that the policyholder contracts the disease or
diseases specifically named in the policy.
(2) "Loss ratio" means the incurred claims as a percentage of the earned premium, computed under rules adopted by
the commissioner. Earned premiums and incurred claims
shall be computed under rules adopted by the commissioner.
[1982 c 181 § 21.]
48.70.020
48.70.030 Expected returns to policyholders—Rules.
(1) Commencing with reports for the accounting periods
beginning on or after July 1, 1983, specified disease policies
shall be expected to return to policyholders in the form of
aggregate loss ratios under the policy:
(a) At least seventy-five percent of the earned premiums
in the case of group policies; and
(b) At least sixty percent of the earned premiums in the
case of individual policies.
(2) For the purpose of this section, specified disease
insurance policies issued as a result of solicitation of individuals through the mail or mass media advertising, including
both print and broadcast advertising, shall be treated as individual policies.
(3) By July 1, 1983, the commissioner shall adopt rules
sufficient to accomplish the provisions of this section. [1982
c 181 § 22.]
48.70.030
48.70.040 Rules required. By July 1, 1983, the commissioner shall adopt all rules necessary to ensure that specified disease policies provide a reasonable level of benefits to
policyholders, and that purchasers and potential purchasers
of such policies are fully informed of the level of benefits
provided. [1982 c 181 § 23.]
48.70.040
48.70.900 Application of chapter. This chapter shall
apply to all policies issued on or after July 1, 1983. This chapter shall not apply to services provided by health care service
contractors as defined in RCW 48.44.010. [1982 c 181 § 24.]
48.70.900
48.70.910 Severability—1982 c 181. See note following RCW 48.03.010.
48.70.910
Sections
48.70.010
48.70.020
48.70.030
48.70.040
48.70.900
48.70.910
Legislative intent.
Definitions—Rules.
Expected returns to policyholders—Rules.
Rules required.
Application of chapter.
Severability—1982 c 181.
Chapter 48.74
Chapter 48.74 RCW
STANDARD VALUATION LAW
Sections
48.70.010 Legislative intent. This chapter shall be
known as the specified disease insurance act and is intended
to govern the content and sale of specified disease insurance
as defined in this chapter. This chapter applies in addition to,
rather than in place of, other requirements of Title 48 RCW.
It is the intent of the legislature to guarantee that specified
disease policies issued, delivered, or used in this state provide
a reasonable level of benefits to the policyholders. This chapter shall be applied broadly to ensure achievement of its aim.
[1982 c 181 § 20.]
48.70.010
[Title 48 RCW—page 412]
48.74.010
48.74.020
48.74.025
48.74.030
48.74.040
48.74.050
48.74.060
48.74.070
48.74.080
48.74.090
Short title—"NAIC" defined.
Valuation of reserve liabilities.
Reserves and related actuarial items—Opinion of a qualified
actuary—Requirements for the opinion—Rules.
Minimum standard for valuation.
Amount of reserves required.
Minimum aggregate reserves.
Other methods of reserve calculation.
Minimum reserve if gross premium less than valuation net premium.
Procedure when specified methods of reserve determination
unfeasible.
Valuation of disability insurance.
(2008 Ed.)
Standard Valuation Law
48.74.010 Short title—"NAIC" defined. This chapter
may be known and cited as the standard valuation law. As
used in this chapter, "NAIC" means the National Association
of Insurance Commissioners. [1982 1st ex.s. c 9 § 1.]
48.74.010
48.74.020 Valuation of reserve liabilities. The commissioner shall annually value, or cause to be valued, the
reserve liabilities, hereinafter called reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state, and may certify the amount of any such
reserves, specifying the mortality table or tables, rate or rates
of interest, and methods, including net level premium method
or other, used in the calculation of such reserves. In calculating such reserves, the commissioner may use group methods
and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves herein required
of any foreign or alien company, the commissioner may
accept any valuation made, or caused to be made, by the
insurance supervisory official of any state or other jurisdiction when such valuation complies with the minimum standard provided in this chapter and if the official of such state
or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when
such certificate states the valuation to have been made in a
specified manner according to which the aggregate reserves
would be at least as large as if they had been computed in the
manner prescribed by the law of that state or jurisdiction.
[1982 1st ex.s. c 9 § 2.]
48.74.020
48.74.025 Reserves and related actuarial items—
Opinion of a qualified actuary—Requirements for the
opinion—Rules. (1) Every life insurance company doing
business in this state shall annually submit the opinion of a
qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the commissioner by rule are computed appropriately, are based on assumptions that satisfy contractual provisions, are consistent with prior reported amounts, and comply
with applicable laws of this state. The commissioner by rule
shall define the specifics of this opinion and add any other
items deemed to be necessary to its scope.
(2)(a) Every life insurance company, except as exempted
by rule, shall also include in the opinion required under subsection (1) of this section an opinion as to whether the
reserves and related actuarial items held in support of the policies and contracts specified by the commissioner by rule,
when considered in light of the assets held by the company
with respect to the reserves and related actuarial items,
including but not limited to the investment earnings on the
assets and the considerations anticipated to be received and
retained under the policies and contracts, make adequate
provision for the company’s obligations under the policies
and contracts, including but not limited to the benefits under
and expenses associated with the policies and contracts.
(b) The commissioner may provide by rule for a transition period for establishing higher reserves that the qualified
actuary may deem necessary in order to render the opinion
required by this section.
(3) Each opinion required under subsection (2) of this
section is governed by the following provisions:
48.74.025
(2008 Ed.)
48.74.025
(a) A memorandum, in form and substance acceptable to
the commissioner as specified by rule, must be prepared to
support each actuarial opinion.
(b) If the insurance company fails to provide a supporting memorandum at the request of the commissioner within a
period specified by rule or if the commissioner determines
that the supporting memorandum provided by the insurance
company fails to meet the standards prescribed by the rules or
is otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the
company to review the opinion and the basis for the opinion
and prepare such supporting memorandum as is required by
the commissioner.
(4) A memorandum in support of the opinion, and other
material provided by the company to the commissioner in
connection with it, must be kept confidential by the commissioner and may not be made public and is not subject to subpoena, other than for the purpose of defending an action seeking damages from any person by reason of an action required
by this section or by rules adopted under it. However, the
commissioner may otherwise release the memorandum or
other material (a) with the written consent of the company or
(b) to the American Academy of Actuaries upon request stating that the memorandum or other material is required for the
purpose of professional disciplinary proceedings and setting
forth procedures satisfactory to the commissioner for preserving the confidentiality of the memorandum or other
material. Once any portion of the confidential memorandum
is cited by the company in its marketing or is cited before any
governmental agency other than a state insurance department
or is released by the company to the news media, all portions
of the confidential memorandum are no longer confidential.
(5) Each opinion required under this section is governed
by the following provisions:
(a) The opinion must be submitted with the annual statement reflecting the valuation of the reserve liabilities for each
year ending on or after December 31, 1994.
(b) The opinion applies to all business in force, including
individual and group disability insurance, in form and substance acceptable to the commissioner as specified by rule.
(c) The opinion must be based on standards adopted by
the commissioner, who in setting the standards shall give due
regard to the standards established by the actuarial standards
board or its successors.
(d) In the case of an opinion required to be submitted by
a foreign or alien company, the commissioner may accept the
opinion filed by that company with the insurance supervisory
official of another state if the commissioner determines that
the opinion reasonably meets the requirements applicable to
a company domiciled in this state.
(e) For purposes of this section, "qualified actuary"
means a person who meets qualifications set by the commissioner with due regard to the qualifications established for
membership in the American Academy of Actuaries or its
successors.
(f) Except in cases of fraud or willful misconduct, the
qualified actuary is not liable for damages to any person,
other than the insurance company and the commissioner, for
any act, error, omission, decision, or conduct with respect to
the actuary’s opinion.
[Title 48 RCW—page 413]
48.74.030
Title 48 RCW: Insurance
(g) Rules adopted by the commissioner shall define disciplinary action by the commissioner against the company or
the qualified actuary. [1993 c 462 § 85.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.030 Minimum standard for valuation. (1)
Except as otherwise provided in subsections (2) and (3) of
this section, or in RCW 48.74.090, the minimum standard for
the valuation of all such policies and contracts issued prior to
July 10, 1982, shall be that provided by the laws in effect
immediately prior to such date. Except as otherwise provided
in subsections (2) and (3) of this section, or in RCW
48.74.090, the minimum standard for the valuation of all such
policies and contracts issued on or after July 10, 1982, shall
be the commissioner’s reserve valuation methods defined in
RCW 48.74.040, 48.74.070, and 48.74.090, three and onehalf percent interest, or in the case of life insurance policies
and contracts, other than annuity and pure endowment contracts, issued on or after July 16, 1973, four percent interest
for such policies issued prior to September 1, 1979, five and
one-half percent interest for single premium life insurance
policies and four and one-half percent interest for all other
such policies issued on and after September 1, 1979, and the
following tables:
(a) For all ordinary policies of life insurance issued on
the standard basis, excluding any disability and accidental
death benefits in such policies—the commissioner’s 1941
standard ordinary mortality table for such policies issued
prior to the operative date of *RCW 48.23.350(5a) and the
commissioner’s 1958 standard ordinary mortality table for
such policies issued on or after such operative date and prior
to the operative date of RCW 48.76.050(4), except that for
any category of such policies issued on female risks, all modified net premiums and present values referred to in this chapter may be calculated according to an age not more than six
years younger than the actual age of the insured; and for such
policies issued on or after the operative date of RCW
48.76.050(4): (i) The commissioner’s 1980 standard ordinary mortality table; or (ii) at the election of the company for
any one or more specified plans of life insurance, the commissioner’s 1980 standard ordinary mortality table with tenyear select mortality factors; or (iii) any ordinary mortality
table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by regulation
promulgated by the commissioner for use in determining the
minimum standard of valuation for such policies.
(b) For all industrial life insurance policies issued on the
standard basis, excluding any disability and accidental death
benefits in such policies—the 1941 standard industrial mortality table for such policies issued prior to the operative date
of *RCW 48.23.350(5b), and for such policies issued on or
after such operative date the commissioner’s 1961 standard
industrial mortality table or any industrial mortality table,
adopted after 1980 by the National Association of Insurance
Commissioners, that is approved by rule of the commissioner
for use in determining the minimum standard of valuation for
such policies.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits
in such policies—the 1937 standard annuity mortality table
48.74.030
[Title 48 RCW—page 414]
or, at the option of the company, the annuity mortality table
for 1949, ultimate, or any modification of either of these
tables approved by the commissioner.
(d) For group annuity and pure endowment contracts,
excluding any disability and accidental death benefits in such
policies—the group annuity mortality table for 1951, any
modification of such table approved by the commissioner, or,
at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure
endowment contracts.
(e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts—for policies or
contracts issued on or after January 1, 1966, the tables of
period 2 disablement rates and the 1930 to 1950 termination
rates of the 1952 disability study of the Society of Actuaries,
with due regard to the type of benefit or any tables of disablement rates and termination rates, adopted after 1980 by the
National Association of Insurance Commissioners, that are
approved by regulation promulgated by the commissioner for
use in determining the minimum standard of valuation for
such policies; for policies or contracts issued on or after January 1, 1961, and prior to January 1, 1966, either such tables
or, at the option of the company, the class (3) disability table
(1926); and for policies issued prior to January 1, 1961, the
class (3) disability table (1926). Any such table shall, for
active lives, be combined with a mortality table permitted for
calculating the reserves for life insurance policies.
(f) For accidental death benefits in or supplementary to
policies—for policies issued on or after January 1, 1966, the
1959 accidental death benefits table or any accidental death
benefits table, adopted after 1980 by the National Association
of Insurance Commissioners, that is approved by regulation
promulgated by the commissioner for use in determining the
minimum standard of valuation for such policies; for policies
issued on or after January 1, 1961, and prior to January 1,
1966, either such table or, at the option of the company, the
intercompany double indemnity mortality table; and for policies issued prior to January 1, 1961, the intercompany double
indemnity mortality table. Either table shall be combined
with a mortality table permitted for calculating the reserves
for life insurance policies.
(g) For group life insurance, life insurance issued on the
substandard basis and other special benefits—such tables as
may be approved by the commissioner.
(2) Except as provided in subsection (3) of this section,
the minimum standard for the valuation of all individual
annuity and pure endowment contracts issued on or after July
10, 1982, and for all annuities and pure endowments purchased on or after such effective date under group annuity
and pure endowment contracts, shall be the commissioner’s
reserve valuation methods defined in RCW 48.74.040 and the
following tables and interest rates:
(a) For individual annuity and pure endowment contracts
issued before September 1, 1979, excluding any disability
and accidental death benefit in such contracts—the 1971
individual annuity mortality table, or any modification of this
table approved by the commissioner, and six percent interest
for single premium immediate annuity contracts, and four
percent interest for all other individual annuity and pure
endowment contracts.
(2008 Ed.)
Standard Valuation Law
(b) For individual single premium immediate annuity
contracts issued on or after September 1, 1979, excluding any
disability and accidental death benefits in such contracts—
the 1971 individual annuity mortality table or any individual
annuity mortality table, adopted after 1980 by the National
Association of Insurance Commissioners, that is approved by
regulation promulgated by the commissioner for use in determining the minimum standard of valuation for such contracts,
or any modification of these tables approved by the commissioner, and seven and one-half percent interest.
(c) For individual annuity and pure endowment contracts
issued on or after September 1, 1979, other than single premium immediate annuity contracts, excluding any disability
and accidental death benefits in such contracts—the 1971
individual annuity mortality table or any individual annuity
mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the commissioner for use in determining
the minimum standard of valuation for such contracts, or any
modification of these tables approved by the commissioner,
and five and one-half percent interest for single premium
deferred annuity and pure endowment contracts and four and
one-half percent interest for all other such individual annuity
and pure endowment contracts.
(d) For all annuities and pure endowments purchased
prior to September 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts—the 1971
group annuity mortality table, or any modification of this
table approved by the commissioner, and six percent interest.
(e) For all annuities and pure endowments purchased on
or after September 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts—the 1971
group annuity mortality table or any group annuity mortality
table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by regulation
promulgated by the commissioner for use in determining the
minimum standard of valuation for such annuities and pure
endowments, or any modification of these tables approved by
the commissioner, and seven and one-half percent interest.
After July 16, 1973, any company may file with the commissioner a written notice of its election to comply with the
provisions of this section after a specified date before January
1, 1979, which shall be the operative date of this section for
such company. If a company makes no such election, the
operative date of this section for such company shall be January 1, 1979.
(3)(a) The interest rates used in determining the minimum standard for the valuation of:
(i) All life insurance policies issued in a particular calendar year, on or after the operative date of RCW 48.76.050(4);
(ii) All individual annuity and pure endowment contracts
issued in a particular calendar year on or after January 1,
1982;
(iii) All annuities and pure endowments purchased in a
particular calendar year on or after January 1, 1982, under
group annuity and pure endowment contracts; and
(iv) The net increase, if any, in a particular calendar year
after January 1, 1982, in amounts held under guaranteed
(2008 Ed.)
48.74.030
interest contracts shall be the calendar year statutory valuation interest rates as defined in this section.
(b) The calendar year statutory valuation interest rates, I,
shall be determined as follows and the results rounded to the
nearer one-quarter of one percent:
(i) For life insurance:
I = .03 + W (R1 - .03) + W/2 (R2 - .09);
(ii) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options:
I = .03 + W (R - .03)
where R1 is the lesser of R and .09,
R2 is the greater of R and .09,
R is the reference interest rate defined in this section, and
W is the weighting factor defined in this section;
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on an issue year basis, except as stated in (ii) of this
subparagraph, the formula for life insurance stated in (i) of
this subparagraph shall apply to annuities and guaranteed
interest contracts with guarantee durations in excess of ten
years and the formula for single premium immediate annuities stated in (ii) of this subparagraph shall apply to annuities
and guaranteed interest contracts with guarantee duration of
ten years or less;
(iv) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the formula for single premium immediate annuities
stated in (ii) of this subparagraph shall apply;
(v) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a change in fund basis, the formula for single premium immediate annuities stated in (ii) of this subparagraph
shall apply.
(c) However, if the calendar year statutory valuation
interest rate for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies
issued in the immediately preceding calendar year by less
than one-half of one percent, the calendar year statutory valuation interest rate for such life insurance policies shall be
equal to the corresponding actual rate for the immediately
preceding calendar year. For purposes of applying the immediately preceding sentence, the calendar year statutory valuation interest rate for life insurance policies issued in a calendar year shall be determined for 1983 using the reference
interest rate defined for 1982 and shall be determined for
each subsequent calendar year regardless of when RCW
48.76.050(4) becomes operative.
(d) The weighting factors referred to in the formulas
stated in subparagraph (b) of this subsection are given in the
following tables:
(i) Weighting Factors for Life Insurance:
Guarantee Duration
(Years)
10 or less
More than 10, but not more than 20
More than 20
Weighting
Factors
.50
.45
.35
[Title 48 RCW—page 415]
48.74.030
Title 48 RCW: Insurance
For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force
on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original
policy;
(ii) Weighting factor for single premium immediate
annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options: .80;
(iii) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in (ii) of this subparagraph, shall be as specified in (d)(iii)(A), (B), and (C) of this
subsection, according to the rules and definitions in
(d)(iii)(D), (E), and (F) of this subsection:
(A) For annuities and guaranteed interest contracts valued on an issue year basis:
Guarantee Duration
Weighting Factor
for Plan Type
A
B
C
(Years)
5 or less:
More than 5, but not more than 10:
More than 10, but not more than 20:
More than 20:
.80
.75
.65
.45
.60
.60
.50
.35
.50
.50
.45
.35
(B) For annuities and guaranteed interest contracts valued on a change in fund basis, the factors shown in (d)(iii)(A)
of this subsection increased by:
A
Plan Type
B
C
.15
.25
.05
(C) For annuities and guaranteed interest contracts valued on an issue year basis other than those with no cash settlement options which do not guarantee interest on considerations received more than one year after issue or purchase
and for annuities and guaranteed interest contracts valued on
a change in fund basis which do not guarantee interest rates
on considerations received more than twelve months beyond
the valuation date, the factors shown in (d)(iii)(A) of this subsection or derived in (d)(iii)(B) of this subsection increased
by:
A
Plan Type
B
C
.05
.05
.05
(D) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
the guarantee duration is the number of years for which the
contract guarantees interest rates in excess of the calendar
year statutory valuation interest rate for life insurance policies with guarantee duration in excess of twenty years. For
other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the
guarantee duration is the number of years from the date of
issue or date of purchase to the date annuity benefits are
scheduled to commence.
[Title 48 RCW—page 416]
(E) Plan type as used in the tables in (d)(iii)(A), (B), and
(C) of this subsection is defined as follows:
Plan Type A: At any time a policyholder may withdraw
funds only: (1) With an adjustment to reflect changes in
interest rates or asset values since receipt of the funds by the
insurance company; or (2) without such adjustment but in
installments over five years or more; or (3) as an immediate
life annuity; or (4) no withdrawal permitted.
Plan Type B: Before expiration of the interest rate guarantee, a policyholder may withdraw funds only: (1) With
adjustment to reflect changes in interest rates or asset values
since receipt of the funds by the insurance company; or (2)
without such adjustment but in installments over five years or
more; or (3) no withdrawal permitted. At the end of the interest rate guarantee, funds may be withdrawn without such
adjustment in a single sum or installments over less than five
years.
Plan Type C: A policyholder may withdraw funds
before expiration of the interest rate guarantee in a single sum
or installments over less than five years either: (1) Without
adjustment to reflect changes in interest rates or asset values
since receipt of the funds by the insurance company; or (2)
subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund.
(F) A company may elect to value guaranteed interest
contracts with cash settlement options and annuities with
cash settlement options on either an issue year basis or on a
change in fund basis. Guaranteed interest contracts with no
cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As
used in this section, an issue year basis of valuation refers to
a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration
of the annuity or guaranteed interest contract is the calendar
year valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract. The
change in fund basis of valuation refers to a valuation basis
under which the interest rate used to determine the minimum
valuation standard applicable to each change in the fund held
under the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of the change in
the fund.
(e) The reference interest rate referred to in subparagraphs (b) and (c) of this subsection is defined as follows:
(i) For all life insurance, the lesser of the average over a
period of thirty-six months and the average over a period of
twelve months, ending on June 30th of the calendar year next
preceding the year of issue, of Moody’s corporate bond yield
average—monthly average corporates, as published by
Moody’s Investors Service, Inc.
(ii) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and guaranteed
interest contracts with cash settlement options, the average
over a period of twelve months, ending on June 30th of the
calendar year of issue or year of purchase of Moody’s corporate bond yield average—monthly average corporates, as
published by Moody’s Investors Service, Inc.
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a year of issue basis, except as stated in (ii) of this
(2008 Ed.)
Standard Valuation Law
subparagraph, with guarantee duration in excess of ten years,
the lesser of the average over a period of thirty-six months
and the average over a period of twelve months, ending on
June 30th of the calendar year of issue or purchase, of
Moody’s corporate bond yield average—monthly average
corporates, as published by Moody’s Investors Service, Inc.
(iv) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a year of issue basis, except as stated in (ii) of this
subparagraph, with guarantee duration of ten years or less,
the average over a period of twelve months, ending on June
30th of the calendar year of issue or purchase, of Moody’s
corporate bond yield average—monthly average corporates,
as published by Moody’s Investors Service, Inc.
(v) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the average over a period of twelve months, ending
on June 30th of the calendar year of issue or purchase, of
Moody’s corporate bond yield average—monthly average
corporates, as published by Moody’s Investors Service, Inc.
(vi) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a change in fund basis, except as stated in (ii) of
this subparagraph, the average over a period of twelve
months, ending on June 30th of the calendar year of the
change in the fund, of Moody’s corporate bond yield average—monthly average corporates, as published by Moody’s
Investors Service, Inc.
(f) If Moody’s corporate bond yield average—monthly
average corporates is no longer published by Moody’s Investors Service, Inc., or if the National Association of Insurance
Commissioners determines that Moody’s corporate bond
yield average—monthly average corporates as published by
Moody’s Investors Service, Inc. is no longer appropriate for
the determination of the reference interest rate, then an alternative method for determination of the reference interest rate,
which is adopted by the National Association of Insurance
Commissioners and approved by rule adopted by the commissioner, may be substituted. [1993 c 462 § 86; 1982 1st
ex.s. c 9 § 3.]
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c 9 §
36. For later enactment, see chapter 48.76 RCW.
48.74.040 Amount of reserves required. (1) Except as
otherwise provided in RCW 48.74.040(2), 48.74.070, and
48.74.090, reserves according to the commissioner’s reserve
valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance
and requiring the payment of uniform premiums, shall be the
excess, if any, of the present value, at the date of valuation, of
such future guaranteed benefits provided for by such policies,
over the then present value of any future modified net premiums therefor. The modified net premiums for any such policy
shall be such uniform percentage of the respective contract
premiums for such benefits that the present value, at the date
of issue of the policy, of all such modified net premiums shall
be equal to the sum of the then present value of such benefits
provided for by the policy and the excess of (a) over (b), as
follows:
(a) A net level annual premium equal to the present
value, at the date of issue, of such benefits provided for after
48.74.040
(2008 Ed.)
48.74.040
the first policy year, divided by the present value, at the date
of issue, of an annuity of one per annum payable on the first
and each subsequent anniversary of such policy on which a
premium falls due: PROVIDED HOWEVER, That such net
level annual premium shall not exceed the net level annual
premium on the nineteen year premium whole life plan for
insurance of the same amount at an age one year higher than
the age at issue of such policy.
(b) A net one year term premium for such benefits provided for in the first policy year: PROVIDED, That for any
life insurance policy issued on or after January 1, 1986, for
which the contract premium in the first policy year exceeds
that of the second year and for which no comparable additional benefit is provided in the first year for such excess and
which provides an endowment benefit or a cash surrender
value or a combination thereof in an amount greater than such
excess premium, the reserve according to the commissioner’s
reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined herein as
the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is
greater than such excess premium shall, except as otherwise
provided in RCW 48.74.070, be the greater of the reserve as
of such policy anniversary calculated as described in the preceding paragraph of this subsection and the reserve as of such
policy anniversary calculated as described in that paragraph,
but with: (i) The value defined in subparagraph (a) of that
paragraph being reduced by fifteen percent of the amount of
such excess first year premium; (ii) all present values of benefits and premiums being determined without reference to
premiums or benefits provided for by the policy after the
assumed ending date; (iii) the policy being assumed to
mature on such date as an endowment; and (iv) the cash surrender value provided on such date being considered as an
endowment benefit. In making the above comparison the
mortality and interest bases stated in RCW 48.74.030 (1) and
(3) shall be used.
Reserves according to the commissioner’s reserve valuation method for life insurance policies providing for a varying amount of insurance or requiring the payment of varying
premiums, group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a
partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual
retirement accounts or individual retirement annuities under
section 408 of the Internal Revenue Code, as now or hereafter
amended, disability and accidental death benefits in all policies and contracts, and all other benefits, except life insurance
and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the
principles of the preceding paragraphs of this subsection.
(2) This section shall apply to all annuity and pure
endowment contracts other than group annuity and pure
endowment contracts purchased under a retirement plan or
plan of deferred compensation, established or maintained by
an employer, including a partnership or sole proprietorship,
or by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual retire[Title 48 RCW—page 417]
48.74.050
Title 48 RCW: Insurance
ment annuities under section 408 of the Internal Revenue
Code, as now or hereafter amended.
Reserves according to the commissioner’s annuity
reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death
benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of
the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of
each respective contract year, over the present value, at the
date of valuation, of any future valuation considerations
derived from future gross considerations, required by the
terms of such contract, that become payable prior to the end
of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any,
and the interest rate, or rates, specified in such contracts for
determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine
nonforfeiture values. [1993 c 462 § 87; 1982 1st ex.s. c 9 §
4.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.050 Minimum aggregate reserves. (1) In no
event may a company’s aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after July 10, 1982, be less than the aggregate reserves calculated in accordance with the methods set
forth in RCW 48.74.040, 48.74.070, and 48.74.080 and the
mortality table or tables and rate or rates of interest used in
calculating nonforfeiture benefits for such policies.
(2) In no event may the aggregate reserves for all policies, contracts, and benefits be less than the aggregate
reserves determined by the qualified actuary to be necessary
to render the opinion required under RCW 48.74.025. [1993
c 462 § 88; 1982 1st ex.s. c 9 § 5.]
48.74.050
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.060 Other methods of reserve calculation.
Reserves for all policies and contracts issued prior to the
operative date of this chapter, may be calculated, at the option
of the company, according to any standards which produce
greater aggregate reserves for all such policies and contracts
than the minimum reserves required by the laws in effect
immediately prior to such date.
Reserves for any category of policies, contracts, or benefits as established by the commissioner, issued on or after
July 10, 1982, may be calculated, at the option of the company, according to any standards which produce greater
aggregate reserves for such category than those calculated
according to the minimum standard herein provided, but the
rate or rates of interest used for policies and contracts, other
than annuity and pure endowment contracts, shall not be
higher than the corresponding rate or rates of interest used in
calculating any nonforfeiture benefits provided therein.
Any such company which at any time has adopted any
standard of valuation producing greater aggregate reserves
than those calculated according to the minimum standard
herein provided may, with the approval of the commissioner,
48.74.060
[Title 48 RCW—page 418]
adopt any lower standard of valuation, but not lower than the
minimum herein provided. For the purposes of this section,
the holding of additional reserves previously determined by a
qualified actuary to be necessary to render the opinion
required under RCW 48.74.025 is not to be the adoption of a
higher standard of valuation. [1993 c 462 § 89; 1982 1st ex.s.
c 9 § 6.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.070 Minimum reserve if gross premium less
than valuation net premium. If in any contract year the
gross premium charged by any life insurance company on
any policy or contract is less than the valuation net premium
for the policy or contract calculated by the method used in
calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum
reserve required for such policy or contract shall be the
greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such
policy or contract, or the reserve calculated by the method
actually used for such policy or contract but using the minimum valuation standards of mortality and rate of interest and
replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in
this section are those standards stated in RCW 48.74.030 (1)
and (3): PROVIDED, That for any life insurance policy
issued on or after January 1, 1986, for which the gross premium in the first policy year exceeds that of the second year
and for which no comparable additional benefit is provided in
the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination
thereof in an amount greater than such excess premium, the
foregoing provisions of this section shall be applied as if the
method actually used in calculating the reserve for such policy were the method described in RCW 48.74.040, ignoring
the second paragraph of that section. The minimum reserve at
each policy anniversary of such a policy shall be the greater
of the minimum reserve calculated in accordance with RCW
48.74.040, including the second paragraph of that section,
and the minimum reserve calculated in accordance with this
section. [1982 1st ex.s. c 9 § 7.]
48.74.070
48.74.080 Procedure when specified methods of
reserve determination unfeasible. In the case of any plan
of life insurance which provides for future premium determination, the amounts of which are to be determined by the
insurance company based on then estimates of future experience, or in the case of any plan of life insurance or annuity
which is of such a nature that the minimum reserves cannot
be determined by the methods described in RCW 48.74.040
and 48.74.070, the reserves which are held under any such
plan must, under regulations promulgated by the commissioner:
(1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and
(2) Be computed by a method which is consistent with
the principles of this standard valuation law. [1982 1st ex.s.
c 9 § 8.]
48.74.080
(2008 Ed.)
Standard Nonforfeiture Law for Life Insurance
48.74.090 Valuation of disability insurance. The
commissioner shall adopt rules containing the minimum standards applicable to the valuation of disability insurance.
[1993 c 462 § 90.]
48.74.090
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.76
Chapter 48.76 RCW
STANDARD NONFORFEITURE LAW
FOR LIFE INSURANCE
Sections
48.76.010
48.76.020
48.76.030
48.76.040
48.76.050
48.76.060
48.76.070
48.76.080
48.76.090
48.76.100
Short title—"NAIC" defined.
Nonforfeiture and cash surrender provisions required.
Amount of cash surrender value.
Nonforfeiture benefit in case of premium default.
Calculation of adjusted premiums—Operative date of section.
Requirements when specified methods of minimum values
determination unfeasible.
Calculation of cash surrender value and paid-up nonforfeiture
benefit.
Cash surrender value required for policies issued on or after
January 1, 1986.
Chapter inapplicable to certain policies.
Operative date of chapter.
48.76.010 Short title—"NAIC" defined. This chapter
may be known and cited as the standard nonforfeiture law for
life insurance. As used in this chapter, "NAIC" means the
National Association of Insurance Commissioners. [1982 1st
ex.s. c 9 § 10.]
48.76.010
48.76.020 Nonforfeiture and cash surrender provisions required. In the case of policies issued on and after the
operative date of this chapter as defined in RCW 48.76.100,
no policy of life insurance, except as stated in RCW
48.76.090, may be delivered or issued for delivery in this
state unless it contains in substance the following provisions,
or corresponding provisions which in the opinion of the commissioner are at least as favorable to the defaulting or surrendering policyholder as are the minimum requirements specified in this chapter and are essentially in compliance with
RCW 48.76.080:
(1) That, in the event of default in any premium payment, the company will grant, upon proper request not later
than sixty days after the due date of the premium in default, a
paid-up nonforfeiture benefit on a plan stipulated in the policy, effective as of such due date, of such amount as may be
specified in this chapter. In lieu of such stipulated paid-up
nonforfeiture benefit, the company may substitute, upon
proper request not later than sixty days after the due date of
the premium in default, an actuarially equivalent alternative
paid-up nonforfeiture benefit which provides a greater
amount or longer period of death benefits or, if applicable, a
greater amount or earlier payment of endowment benefits.
(2) That, upon surrender of the policy within sixty days
after the due date of any premium payment in default after
premiums have been paid for at least three full years in the
case of ordinary insurance or five full years in the case of
industrial insurance, the company will pay, in lieu of any
paid-up nonforfeiture benefit, a cash surrender value of such
amount as may be specified in this chapter.
(3) That a specified paid-up nonforfeiture benefit
becomes effective as specified in the policy unless the person
48.76.020
(2008 Ed.)
48.76.030
entitled to make such election elects another available option
not later than sixty days after the due date of the premium in
default.
(4) That if the policy has become paid-up by completion
of all premium payments or if it is continued under any paidup nonforfeiture benefit which became effective on or after
the third policy anniversary in the case of ordinary insurance
or the fifth policy anniversary in the case of industrial insurance, the company will pay, upon surrender of the policy
within thirty days after any policy anniversary, a cash surrender value of such amount as may be specified in this chapter.
(5) That policies which cause on a basis guaranteed in
the policy unscheduled changes in benefits or premiums, or
which provide an option for changes in benefits or premiums
other than a change to a new policy, a statement of the mortality table, interest rate, and method used in calculating cash
surrender values and the paid-up nonforfeiture benefits available under the policy. In the case of all other policies, a statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture
benefits available under the policy, together with a table
showing the cash surrender value, if any, and paid-up nonforfeiture benefit, if any, available under the policy on each policy anniversary either during the first twenty policy years or
during the term of the policy, whichever is shorter, such values and benefits to be calculated upon the assumption that
there are no dividends or paid-up additions credited to the
policy and that there is no indebtedness to the company on
the policy.
(6) A statement that the cash surrender values and the
paid-up nonforfeiture benefits available under the policy are
not less than the minimum values and benefits required by or
pursuant to the insurance law of the state in which the policy
is delivered; an explanation of the manner in which the cash
surrender values and the paid-up nonforfeiture benefits are
altered by the existence of any paid-up additions credited to
the policy or any indebtedness to the company on the policy;
if a detailed statement of the method of computation of the
values and benefits shown in the policy is not stated therein,
a statement that such method of computation has been filed
with the insurance supervisory official of the state in which
the policy is delivered; and a statement of the method to be
used in calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy
anniversary beyond the last anniversary for which such values and benefits are consecutively shown in the policy.
Any of the foregoing provisions or portions thereof not
applicable by reason of the plan of insurance may, to the
extent inapplicable, be omitted from the policy.
The company shall reserve the right to defer the payment
of any cash surrender value for a period of six months after
demand therefor with surrender of the policy. [1982 1st ex.s.
c 9 § 11.]
48.76.030 Amount of cash surrender value. (1) Subject to subsections (2) and (3) of this section, any cash surrender value available under the policy in the event of default in
a premium payment due on any policy anniversary, whether
or not required by RCW 48.76.020, shall be an amount not
less than the excess, if any, of the present value, on such anniversary, of the future guaranteed benefits which would have
48.76.030
[Title 48 RCW—page 419]
48.76.040
Title 48 RCW: Insurance
been provided for by the policy, including any existing paidup additions, if there had been no default, over the sum of the
then present value of the adjusted premiums as defined in
RCW 48.76.050, corresponding to premiums which would
have fallen due on and after such anniversary, and the amount
of any indebtedness to the company on the policy.
(2) For any policy issued on or after the operative date of
RCW 48.76.050(4), which provides supplemental life insurance or annuity benefits at the option of the insured and for an
identifiable additional premium by rider or supplemental policy provision, the cash surrender value referred to in subsection (1) of this section shall be an amount not less than the
sum of the cash surrender value as defined in such paragraph
for an otherwise similar policy issued at the same age without
such rider or supplemental policy provision and the cash surrender value as defined in such paragraph for a policy which
provides only the benefits otherwise provided by such rider
or supplemental policy provision.
(3) For any family policy issued on or after the operative
date of RCW 48.76.050(4), which defines a primary insured
and provides term insurance on the life of the spouse of the
primary insured expiring before the spouse’s age seventyone, the cash surrender value shall be an amount not less than
the sum of the cash surrender value as defined in this section
for an otherwise similar policy issued at the same age without
such term insurance on the life of the spouse and the cash surrender value as defined in this section for a policy which provides only the benefits otherwise provided by such term
insurance on the life of the spouse.
(4) Any cash surrender value available within thirty days
after any policy anniversary under any policy paid-up by
completion of all premium payments or any policy continued
under any paid-up nonforfeiture benefit, whether or not
required by RCW 48.76.020, shall be an amount not less than
the present value, on such anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the
company on the policy. [1982 1st ex.s. c 9 § 12.]
48.76.040 Nonforfeiture benefit in case of premium
default. Any paid-up nonforfeiture benefit available under
the policy in the event of default in a premium payment due
on any policy anniversary shall be such that its present value
as of such anniversary is at least equal to the cash surrender
value then provided for by the policy or, if none is provided
for, that cash surrender value which would have been
required by this chapter in the absence of the condition that
premiums shall have been paid for at least a specified period.
[1982 1st ex.s. c 9 § 13.]
48.76.040
48.76.050 Calculation of adjusted premiums—Operative date of section. (1)(a) This subsection does not apply
to policies issued on or after the operative date of subsection
(4) of this section. Except as provided in subparagraph (c) of
this subsection, the adjusted premiums for any policy shall be
calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for
each policy year, excluding amounts stated in the policy as
extra premiums to cover impairments or special hazards, that
the present value, at the date of issue of the policy, of all such
48.76.050
[Title 48 RCW—page 420]
adjusted premiums shall be equal to the sum of: (i) The then
present value of the future guaranteed benefits provided for
by the policy; (ii) two percent of the amount of insurance, if
the insurance is uniform in amount, or of the equivalent uniform amount, as hereinafter defined, if the amount of insurance varies with duration of the policy; (iii) forty percent of
the adjusted premium for the first policy year; (iv) twentyfive percent of either the adjusted premium for the first policy
year or the adjusted premium for a whole life policy of the
same uniform or equivalent uniform amount with uniform
premiums for the whole of life issued at the same age for the
same amount of insurance, whichever is less: PROVIDED,
That in applying the percentages specified in subparagraph
(a)(iii) and (iv) of this subsection, no adjusted premium shall
be deemed to exceed four percent of the amount of insurance
or level amount equivalent thereto. The date of issue of a policy for the purpose of this section shall be the date as of which
the rated age of the insured is determined.
(b) In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent level
amount thereof for the purpose of this section shall be
deemed to be the level amount of insurance provided by an
otherwise similar policy, containing the same endowment
benefit or benefits, if any, issued at the same age and for the
same term, the amount of which does not vary with duration
and the benefits under which have the same present value at
the inception of the insurance as the benefits under the policy:
PROVIDED HOWEVER, That in the case of a policy providing a varying amount of insurance issued on the life of a
child under age ten, the equivalent uniform amount may be
computed as though the amount provided by the policy prior
to the attainment of age ten were the amount provided by
such policy at age ten.
(c) The adjusted premiums for any policy providing term
insurance benefits by rider or supplemental policy provision
shall be equal to: (i) The adjusted premiums for an otherwise
similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (ii) the
adjusted premiums for such term insurance, subparagraph
(c)(i) and (ii) of this subsection being calculated separately
and as specified in subparagraphs (a) and (b) of this subsection except that, for the purposes of subparagraph (a)(ii),
(a)(iii), and (a)(iv) of this subsection, the amount of insurance
or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in subparagraph
(c)(ii) of this subsection shall be equal to the excess of the
corresponding amount determined for the entire policy over
the amount used in the calculation of the adjusted premiums
in subparagraph (c)(i) of this subsection.
(d) Except as otherwise provided in subsections (2) and
(3) of this section, all adjusted premiums and present values
referred to in this chapter shall for all policies of ordinary
insurance be calculated on the basis of the commissioner’s
1941 standard ordinary mortality table: PROVIDED, That
for any category of ordinary insurance issued on female risks
on or after July 1, 1957, adjusted premiums and present values may be calculated according to an age not more than six
years younger than the actual age of the insured and such calculations for all policies of industrial insurance shall be made
on the basis of the 1941 standard industrial mortality table.
(2008 Ed.)
Standard Nonforfeiture Law for Life Insurance
All calculations shall be made on the basis of the rate of interest, not exceeding three and one-half percent per annum,
specified in the policy for calculating cash surrender values
and paid-up nonforfeiture benefits: PROVIDED, That in calculating the present value of any paid-up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not
more than one hundred thirty percent of the rates of mortality
according to such applicable table: PROVIDED, FURTHER, That for insurance issued on a substandard basis, the
calculation of any such adjusted premiums and present values
may be based on such other table of mortality as may be specified by the company and approved by the commissioner.
(2) This subsection does not apply to ordinary policies
issued on or after the operative date of subsection (4) of this
section. In the case of ordinary policies issued on or after the
operative date of this section, all adjusted premiums and
present values referred to in this chapter shall be calculated
on the basis of the commissioner’s 1958 standard ordinary
mortality table and the rate of interest specified in the policy
for calculating cash surrender values and paid-up nonforfeiture benefits provided that such rate of interest shall not
exceed three and one-half percent per annum except that a
rate of interest not exceeding four percent per annum may be
used for policies issued on or after July 16, 1973, and before
September 1, 1979, and a rate of interest not exceeding five
and one-half percent per annum may be used for policies
issued on or after September 1, 1979, except that for any single premium whole life or endowment insurance policy a rate
of interest not exceeding six and one-half percent per annum
may be used and provided that for any category of ordinary
insurance issued on female risks, adjusted premiums and
present values may be calculated according to an age not
more than six years younger than the actual age of the
insured: PROVIDED, That in calculating the present value
of any paid-up term insurance with accompanying pure
endowment, if any, offered as a nonforfeiture benefit, the
rates of mortality assumed may be not more than those shown
in the commissioner’s 1958 extended term insurance table:
PROVIDED FURTHER, That for insurance issued on a substandard basis, the calculation of any such adjusted premiums
and present values may be based on such other table of mortality as may be specified by the company and approved by
the commissioner.
After June 11, 1959, any company may file with the
commissioner a written notice of its election to comply with
the provisions of this section. After the filing of such notice,
then upon such specified date (which shall be the operative
date of this section for such company), this subsection shall
become operative with respect to the ordinary policies thereafter issued by such company. If a company makes no such
election, the operative date of this section for such company
shall be January 1, 1966.
(3) This subsection does not apply to industrial policies
issued on or after the operative date of subsection (4) of this
section. In the case of industrial policies issued on or after the
operative date of this chapter, all adjusted premiums and
present values referred to in this chapter shall be calculated
on the basis of the commissioner’s 1961 standard industrial
mortality table and the rate of interest specified in the policy
for calculating cash surrender values and paid-up nonforfei(2008 Ed.)
48.76.050
ture benefits provided that such rate of interest shall not
exceed three and one-half percent per annum, except that a
rate of interest not exceeding four percent per annum may be
used for policies issued on or after July 16, 1973, and prior to
September 1, 1979, and a rate of interest not exceeding five
and one-half percent per annum may be used for policies
issued on or after September 1, 1979, except that for any single premium whole life or endowment insurance policy a rate
of interest not exceeding six and one-half percent per annum
may be used: PROVIDED, That in calculating the present
value of any paid-up term insurance with accompanying pure
endowment, if any, offered as a nonforfeiture benefit, the
rates of mortality assumed may be not more than those shown
in the commissioner’s 1961 industrial extended term insurance table: PROVIDED FURTHER, That for insurance
issued on a substandard basis, the calculations of any such
adjusted premiums and present values may be based on such
other table of mortality as may be specified by the company
and approved by the commissioner.
After July 10, 1982, any company may file with the commissioner a written notice of its election to comply with the
provisions of this section. After the filing of such notice, then
upon such specified date (which shall be the operative date of
this section for such company), this subsection shall become
operative with respect to the industrial policies thereafter
issued by such company. If a company makes no such election, the operative date of this section for such company shall
be January 1, 1968.
(4)(a) This section applies to all policies issued on or
after the operative date of this subsection as defined herein.
Except as provided in subparagraph (g) of this subsection, the
adjusted premiums for any policy shall be calculated on an
annual basis and shall be such uniform percentage of the
respective premiums specified in the policy for each policy
year, excluding amounts payable as extra premiums to cover
impairments or special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the
cash surrender values and paid-up nonforfeiture benefits, that
the present value, at the date of issue of the policy, of all
adjusted premiums shall be equal to the sum of: (i) The then
present value of the future guaranteed benefits provided for
by the policy; (ii) one percent of either the amount of insurance, if the insurance be uniform in amount, or the average
amount of insurance at the beginning of each of the first ten
policy years; and (iii) one hundred twenty-five percent of the
nonforfeiture net level premium as defined in subparagraph
(b) of this subsection: PROVIDED, That in applying the
percentage specified in (iii) of this subparagraph no nonforfeiture net level premium shall be deemed to exceed four percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the
beginning of each of the first ten policy years. The date of
issue of a policy for the purpose of this section shall be the
date as of which the rated age of the insured is determined.
(b) The nonforfeiture net level premium shall be equal to
the present value, at the date of issue of the policy, of the
guaranteed benefits provided for by the policy divided by the
present value, at the date of issue of the policy, of an annuity
of one per annum payable on the date of issue of the policy
[Title 48 RCW—page 421]
48.76.050
Title 48 RCW: Insurance
and on each anniversary of such policy on which a premium
falls due.
(c) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums, or which provide an option for changes in benefits or
premiums other than a change to a new policy, the adjusted
premiums and present values shall initially be calculated on
the assumption that future benefits and premiums do not
change from those stipulated at the date of issue of the policy.
At the time of any such change in the benefits or premiums
the future adjusted premiums, nonforfeiture net level premiums and present values shall be recalculated on the assumption that future benefits and premiums do not change from
those stipulated by the policy immediately after the change.
(d) Except as otherwise provided in subparagraph (g) of
this subsection, the recalculated future adjusted premiums for
any such policy shall be such uniform percentage of the
respective future premiums specified in the policy for each
policy year, excluding amounts payable as extra premiums to
cover impairments and special hazards, and also excluding
any uniform annual contract charge or policy fee specified in
the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change to the newly
defined benefits or premiums, of all such future adjusted premiums shall be equal to the excess of (i) the sum of (A) the
then present value of the then future guaranteed benefits provided for by the policy and (B) the additional expense allowance, if any, over (ii) the then cash surrender value, if any, or
present value of any paid-up nonforfeiture benefit under the
policy.
(e) The additional expense allowance, at the time of the
change to the newly defined benefits or premiums, shall be
the sum of: (i) One percent of the excess, if positive, of the
average amount of insurance at the beginning of each of the
first ten policy years subsequent to the change over the average amount of insurance prior to the change at the beginning
of each of the first ten policy years subsequent to the time of
the most recent previous change, or, if there has been no previous change, the date of issue of the policy; and (ii) one hundred twenty-five percent of the increase, if positive, in the
nonforfeiture net level premium.
(f) The recalculated nonforfeiture net level premium
shall be equal to the result obtained by dividing (i) by (ii)
where:
(i) Equals the sum of:
(A) The nonforfeiture net level premium applicable prior
to the change times the present value of an annuity of one per
annum payable on each anniversary of the policy on or subsequent to the date of the change on which a premium would
have fallen due had the change not occurred; and
(B) The present value of the increase in future guaranteed benefits provided for by the policy; and
(ii) Equals the present value of an annuity of one per
annum payable on each anniversary of the policy on or subsequent to the date of change on which a premium falls due.
(g) Notwithstanding any other provisions of this section
to the contrary, in the case of a policy issued on a substandard
basis which provides reduced graded amounts of insurance so
that, in each policy year, such policy has the same tabular
mortality cost as an otherwise similar policy issued on the
[Title 48 RCW—page 422]
standard basis which provides higher uniform amounts of
insurance, adjusted premiums and present values for such
substandard policy may be calculated as if it were issued to
provide such higher uniform amounts of insurance on the
standard basis.
(h) All adjusted premiums and present values referred to
in this chapter shall for all policies of ordinary insurance be
calculated on the basis of the commissioner’s 1980 standard
ordinary mortality table or at the election of the company for
any one or more specified plans of life insurance, the commissioner’s 1980 standard ordinary mortality table with tenyear select mortality factors, shall for all policies of industrial
insurance be calculated on the basis of the commissioner’s
1961 standard industrial mortality table, and shall for all policies issued in a particular calendar year be calculated on the
basis of a rate of interest not exceeding the nonforfeiture
interest rate as defined in this section, for policies issued in
that calendar year, subject to the following provisions:
(i) At the option of the company, calculations for all policies issued in a particular calendar year may be made on the
basis of a rate of interest not exceeding the nonforfeiture
interest rate, as defined in this section, for policies issued in
the immediately preceding calendar year.
(ii) Under any paid-up nonforfeiture benefit, including
any paid-up dividend additions, any cash surrender value
available, whether or not required by RCW 48.76.020, shall
be calculated on the basis of the mortality table and rate of
interest used in determining the amount of such paid-up nonforfeiture benefit and paid-up dividend additions, if any.
(iii) A company may calculate the amount of any guaranteed paid-up nonforfeiture benefit including any paid-up
additions under the policy on the basis of an interest rate no
lower than that specified in the policy for calculating cash
surrender values.
(iv) In calculating the present value of any paid-up term
insurance with accompanying pure endowment, if any,
offered as a nonforfeiture benefit, the rates of mortality
assumed may be not more than those shown in the commissioner’s 1980 extended term insurance table for policies of
ordinary insurance and not more than the commissioner’s
1961 industrial extended term insurance table for policies of
industrial insurance.
(v) For insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values
may be based on appropriate modifications of the aforementioned tables.
(vi) Any ordinary mortality tables, adopted after 1980 by
the National Association of Insurance Commissioners, that
are approved by regulation promulgated by the commissioner
for use in determining the minimum nonforfeiture standard
may be substituted for the commissioner’s 1980 standard
ordinary mortality table with or without ten-year select mortality factors or for the commissioner’s 1980 extended term
insurance table.
(vii) Any industrial mortality tables, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the commissioner for use in determining the minimum nonforfeiture
standard may be substituted for the commissioner’s 1961
standard industrial mortality table or the commissioner’s
1961 industrial extended term insurance table.
(2008 Ed.)
Standard Nonforfeiture Law for Life Insurance
(i) The nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be equal to one
hundred twenty-five percent of the calendar year statutory
valuation interest rate for such policy as defined in the standard valuation law (chapter 48.74 RCW), rounded to the
nearer one quarter of one percent.
(j) Notwithstanding any other provision in this title to the
contrary, any refiling of nonforfeiture values or their methods
of computation for any previously approved policy form
which involves only a change in the interest rate or mortality
table used to compute nonforfeiture values shall not require
refiling of any other provisions of that policy form.
(k) After July 10, 1982, any company may file with the
commissioner a written notice of its election to comply with
the provision[s] of this section after a specified date before
January 1, 1989, which shall be the operative date of this section for such company. If a company makes no such election,
the operative date of this section for such company shall be
January 1, 1989. [1982 1st ex.s. c 9 § 14.]
48.76.060 Requirements when specified methods of
minimum values determination unfeasible. In the case of
any plan of life insurance which provides for future premium
determination, the amounts of which are to be determined by
the insurance company based on then estimates of future
experience, or in the case of any plan of life insurance which
is of such a nature that minimum values cannot be determined
by the methods described in RCW 48.76.020 through
48.76.050, then:
(1) The commissioner must be satisfied that the benefits
provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise
required by RCW 48.76.020 through 48.76.050;
(2) The commissioner must be satisfied that the benefits
and the pattern of premiums of that plan are not such as to
mislead prospective policyholders or insureds;
(3) The cash surrender values and paid-up nonforfeiture
benefits provided by such plan must not be less than the minimum values and benefits required for the plan computed by
a method consistent with the principles of this chapter, as
determined by regulations promulgated by the commissioner.
[1982 1st ex.s. c 9 § 15.]
48.76.060
48.76.070 Calculation of cash surrender value and
paid-up nonforfeiture benefit. Any cash surrender value
and any paid-up nonforfeiture benefit, available under the
policy in the event of default in a premium payment due at
any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of
fractional premiums beyond the last preceding policy anniversary. All values referred to in RCW 48.76.030 through
48.76.050 may be calculated upon the assumption that any
death benefit is payable at the end of the policy year of death.
The net value of any paid-up additions, other than paid-up
term additions, shall be not less than the amounts used to provide such additions. Notwithstanding the provisions of RCW
48.76.030, additional benefits payable: (1) In the event of
death or dismemberment by accident or accidental means; (2)
in the event of total and permanent disability; (3) as reversionary annuity or deferred reversionary annuity benefits; (4)
48.76.070
(2008 Ed.)
48.76.080
as term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy,
this chapter would not apply; (5) as term insurance on the life
of a child or on the lives of children provided in a policy on
the life of a parent of the child, if such term insurance expires
before the child’s age is twenty-six, is uniform in amount
after the child’s age is one, and has not become paid-up by
reason of the death of a parent of the child; and (6) as other
policy benefits additional to life insurance and endowment
benefits, and premiums for all such additional benefits, shall
be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this chapter, and no such additional benefits shall be required to be included in any paid-up
nonforfeiture benefits. [1982 1st ex.s. c 9 § 16.]
48.76.080 Cash surrender value required for policies
issued on or after January 1, 1986. (1) This section, in
addition to all other applicable sections of this chapter, shall
apply to all policies issued on or after January 1, 1986. Any
cash surrender value available under the policy in the event of
default in a premium payment due on any policy anniversary
shall be in an amount which does not differ by more than twotenths of one percent of either the amount of insurance, if the
insurance be uniform in amount, or the average amount of
insurance at the beginning of each of the first ten policy
years, from the sum of: (a) The greater of zero and the basic
cash value specified in subsection (2) of this section; and (b)
the present value of any existing paid-up additions less the
amount of any indebtedness to the company under the policy.
(2) The basic cash value shall be equal to the present
value, on such anniversary, of the future guaranteed benefits
which would have been provided for by the policy, excluding
any existing paid-up additions and before deduction of any
indebtedness to the company, if there had been no default,
less the then present value of the nonforfeiture factors, as
defined in subsection (3) of this section, corresponding to
premiums which would have fallen due on and after such
anniversary: PROVIDED, That the effects on the basic cash
value of supplemental life insurance or annuity benefits or of
family coverage, as described in RCW 48.76.030 or
48.76.050(4), whichever is applicable, shall be the same as
are the effects specified in RCW 48.76.030 or 48.76.050(4),
whichever is applicable, on the cash surrender values defined
in that section.
(3) The nonforfeiture factor for each policy year shall be
an amount equal to a percentage of the adjusted premium for
the policy year, as defined in RCW 48.76.050 (1) or (4).
Except as is required by the next succeeding sentence of this
paragraph, such percentage:
(a) Must be the same percentage for each policy year
between the second policy anniversary and the later of: (i)
The fifth policy anniversary; and (ii) The first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up
additions and before deducting any indebtedness, of at least
two-tenths of one percent of either the amount of insurance,
if the insurance be uniform in amount, or the average amount
of insurance at the beginning of each of the first ten policy
years; and
(b) Must be such that no percentage after the later of the
two policy anniversaries specified in subparagraph (a) of this
48.76.080
[Title 48 RCW—page 423]
48.76.090
Title 48 RCW: Insurance
subsection may apply to fewer than five consecutive policy
years: PROVIDED, That no basic cash value may be less
than the value which would be obtained if the adjusted premiums for the policy, as defined in RCW 48.76.050 (1) or (4),
whichever is applicable, were substituted for the nonforfeiture factors in the calculation of the basic cash value.
(4) All adjusted premiums and present values referred to
in this section shall for a particular policy be calculated on the
same mortality and interest bases as are used in demonstrating the policy’s compliance with the other sections of this
chapter. The cash surrender values referred to in this section
shall include any endowment benefits provided for by the
policy.
(5) Any cash surrender value available other than in the
event of default in a premium payment due on a policy anniversary, and the amount of any paid-up nonforfeiture benefit
available under the policy in the event of default in a premium payment shall be determined in manners consistent
with the manners specified for determining the analogous
minimum amounts in RCW 48.76.020 through 48.76.040,
48.76.050(4), and 48.76.070. The amounts of any cash surrender values and of any paid-up nonforfeiture benefits
granted in connection with additional benefits such as those
listed in RCW 48.76.070 shall conform with the principles of
this section. [1982 1st ex.s. c 9 § 17.]
48.76.090 Chapter inapplicable to certain policies.
(Effective until July 1, 2009.) This chapter does not apply to
any of the following:
(1) Reinsurance;
(2) Group insurance;
(3) A pure endowment;
(4) An annuity or reversionary annuity contract;
(5) A term policy of a uniform amount, which provides
no guaranteed nonforfeiture or endowment benefits, or
renewal thereof, of twenty years or less expiring before age
seventy-one, for which uniform premiums are payable during
the entire term of the policy;
(6) A term policy of a decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, on
which each adjusted premium, calculated as specified in
RCW 48.76.050, is less than the adjusted premium so calculated, on a term policy of uniform amount, or renewal
thereof, which provides no guaranteed nonforfeiture or
endowment benefits, issued at the same age and for the same
initial amount of insurance and for a term of twenty years or
less expiring before age seventy-one, for which uniform premiums are payable during the entire term of the policy;
(7) A policy, which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender
value, if any, or present value of any paid-up nonforfeiture
benefit, at the beginning of any policy year, calculated as
specified in RCW 48.76.030 through 48.76.050, exceeds two
and one-half percent of the amount of insurance at the beginning of the same policy year; nor
(8) A policy which is delivered outside this state through
an agent or other representative of the company issuing the
policy.
For purposes of determining the applicability of this
chapter, the age at expiration for a joint term life insurance
48.76.090
[Title 48 RCW—page 424]
policy is the age at expiration of the oldest life. [1982 1st
ex.s. c 9 § 18.]
48.76.090 Chapter inapplicable to certain policies.
(Effective July 1, 2009.) This chapter does not apply to any
of the following:
(1) Reinsurance;
(2) Group insurance;
(3) A pure endowment;
(4) An annuity or reversionary annuity contract;
(5) A term policy of a uniform amount, which provides
no guaranteed nonforfeiture or endowment benefits, or
renewal thereof, of twenty years or less expiring before age
seventy-one, for which uniform premiums are payable during
the entire term of the policy;
(6) A term policy of a decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, on
which each adjusted premium, calculated as specified in
RCW 48.76.050, is less than the adjusted premium so calculated, on a term policy of uniform amount, or renewal
thereof, which provides no guaranteed nonforfeiture or
endowment benefits, issued at the same age and for the same
initial amount of insurance and for a term of twenty years or
less expiring before age seventy-one, for which uniform premiums are payable during the entire term of the policy;
(7) A policy, which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender
value, if any, or present value of any paid-up nonforfeiture
benefit, at the beginning of any policy year, calculated as
specified in RCW 48.76.030 through 48.76.050, exceeds two
and one-half percent of the amount of insurance at the beginning of the same policy year; nor
(8) A policy which is delivered outside this state through
an insurance producer or other representative of the company
issuing the policy.
For purposes of determining the applicability of this
chapter, the age at expiration for a joint term life insurance
policy is the age at expiration of the oldest life. [2008 c 217
§ 66; 1982 1st ex.s. c 9 § 18.]
48.76.090
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.76.100 Operative date of chapter. After July 10,
1982, any company may file with the commissioner a written
notice of its election to comply with the provisions of this
chapter. After the filing of such notice, then upon such specified date (which shall be the operative date for such company), this chapter becomes operative with respect to the policies thereafter issued by such company. If a company makes
no such election, the operative date of this chapter for such
company shall be January 1, 1948. [1982 1st ex.s. c 9 § 19.]
48.76.100
Chapter 48.80
Chapter 48.80 RCW
HEALTH CARE FALSE CLAIM ACT
Sections
48.80.010
48.80.020
48.80.030
48.80.040
48.80.050
Legislative finding—Short title.
Definitions.
Making false claims, concealing information—Penalty—
Exclusions.
Use of circumstantial evidence.
Civil action not limited.
(2008 Ed.)
Health Care False Claim Act
48.80.060
48.80.900
Conviction of provider, notification to regulatory agency.
Severability—1986 c 243.
48.80.010 Legislative finding—Short title. The legislature finds and declares that the welfare of the citizens of this
state is threatened by the spiraling increases in the cost of
health care. It is further recognized that fraudulent health care
claims contribute to these increases in health care costs. In
recognition of these findings, it is declared that special attention must be directed at eliminating the unjustifiable costs of
fraudulent health care claims by establishing specific penalties and deterrents. This chapter may be known and cited as
"the health care false claim act." [1986 c 243 § 1.]
48.80.010
48.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Claim" means any attempt to cause a health care
payer to make a health care payment.
(2) "Deceptive" means presenting a claim to a health
care payer that contains a statement of fact or fails to reveal a
material fact, leading the health care payer to believe that the
represented or suggested state of affairs is other than it actually is. For the purposes of this chapter, the determination of
what constitutes a material fact is a question of law to be
resolved by the court.
(3) "False" means wholly or partially untrue or deceptive.
(4) "Health care payment" means a payment for health
care services or the right under a contract, certificate, or policy of insurance to have a payment made by a health care
payer for a specified health care service.
(5) "Health care payer" means any insurance company
authorized to provide health insurance in this state, any health
care service contractor authorized under chapter 48.44 RCW,
any health maintenance organization authorized under chapter 48.46 RCW, any legal entity which is self-insured and
providing health care benefits to its employees, and any
insurer or other person responsible for paying for health care
services.
(6) "Person" means an individual, corporation, partnership, association, or other legal entity.
(7) "Provider" means any person lawfully licensed or
authorized to render any health service. [1995 c 285 § 25;
1986 c 243 § 2.]
48.80.020
Effective date—1995 c 285: See RCW 48.30A.900.
48.80.030 Making false claims, concealing information—Penalty—Exclusions. (1) A person shall not make or
present or cause to be made or presented to a health care
payer a claim for a health care payment knowing the claim to
be false.
(2) No person shall knowingly present to a health care
payer a claim for a health care payment that falsely represents
that the goods or services were medically necessary in accordance with professionally accepted standards. Each claim
that violates this subsection shall constitute a separate
offense.
(3) No person shall knowingly make a false statement or
false representation of a material fact to a health care payer
for use in determining rights to a health care payment. Each
48.80.030
(2008 Ed.)
48.80.900
claim that violates this subsection shall constitute a separate
violation.
(4) No person shall conceal the occurrence of any event
affecting his or her initial or continued right under a contract,
certificate, or policy of insurance to have a payment made by
a health care payer for a specified health care service. A person shall not conceal or fail to disclose any information with
intent to obtain a health care payment to which the person or
any other person is not entitled, or to obtain a health care payment in an amount greater than that which the person or any
other person is entitled.
(5) No provider shall willfully collect or attempt to collect an amount from an insured knowing that to be in violation of an agreement or contract with a health care payor to
which the provider is a party.
(6) A person who violates this section is guilty of a class
C felony punishable under chapter 9A.20 RCW.
(7) This section does not apply to statements made on an
application for coverage under a contract or certificate of
health care coverage issued by an insurer, health care service
contractor, health maintenance organization, or other legal
entity which is self-insured and providing health care benefits
to its employees. [1990 c 119 § 11; 1986 c 243 § 3.]
48.80.040
48.80.040 Use of circumstantial evidence. In a prosecution under this chapter, circumstantial evidence may be
presented to demonstrate that a false statement or claim was
knowingly made. Such evidence may include but shall not be
limited to the following circumstances:
(1) Where a claim for a health care payment is submitted
with the person’s actual, facsimile, stamped, typewritten, or
similar signature on the form required for the making of a
claim for health care payment; and
(2) Where a claim for a health care payment is submitted
by means of computer billing tapes or other electronic means
if the person has advised the health care payer in writing that
claims for health care payment will be submitted by use of
computer billing tapes or other electronic means. [1986 c
243 § 4.]
48.80.050
48.80.050 Civil action not limited. This chapter shall
not be construed to prohibit or limit a prosecution of or civil
action against a person for the violation of any other law of
this state. [1986 c 243 § 5.]
48.80.060
48.80.060 Conviction of provider, notification to regulatory agency. Upon the conviction under this chapter of
any provider, the prosecutor shall provide written notification
to the appropriate regulatory or disciplinary agency of such
conviction. [1986 c 243 § 6.]
48.80.900
48.80.900 Severability—1986 c 243. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 243 § 7.]
[Title 48 RCW—page 425]
Chapter 48.83
Chapter 48.83
Title 48 RCW: Insurance
Chapter 48.83 RCW
LONG-TERM CARE INSURANCE
COVERAGE—STANDARDS
Sections
48.83.005
48.83.010
48.83.020
48.83.030
48.83.040
48.83.050
48.83.060
48.83.070
48.83.080
48.83.090
48.83.100
48.83.110
48.83.120
48.83.130
48.83.140
48.83.150
48.83.160
48.83.170
48.83.900
48.83.901
Intent.
Application.
Definitions.
Out-of-state policy—Restriction.
Preexisting conditions.
Prohibited policy terms and practices—Field-issued, defined.
Right to return policy or certificate—Refund.
Required documents for prospective and approved applicants—Contents—When due.
Benefit funded through life insurance policy—Acceleration of
a death benefit.
Denial of claims—Written explanation.
Rescission of policy or certificate.
Inflation protection features—Rules.
Nonforfeiture benefit option—Offer required—Rules.
Selling, soliciting, or negotiating coverage—Licensed insurance producers—Training—Issuers duties—Rules.
Determining whether coverage is appropriate—Suitability
standards—Information protected—Rules.
Prohibited practices.
Violations—Fine.
Rules, generally.
Severability—2008 c 145.
Effective date—2008 c 145.
48.83.005 Intent. (Effective January 1, 2009.) The
intent of this chapter is to promote the public interest, support
the availability of long-term care coverage, establish standards for long-term care coverage, facilitate public understanding and comparison of long-term care contract benefits,
protect persons insured under long-term care insurance policies and certificates, protect applicants for long-term care
policies from unfair or deceptive sales or enrollment practices, and provide for flexibility and innovation in the development of long-term care insurance coverage. [2008 c 145 §
1.]
48.83.005
48.83.010 Application. (Effective January 1, 2009.)
This chapter applies to all long-term care insurance policies,
contracts, or riders delivered or issued for delivery in this
state on or after January 1, 2009. This chapter does not supersede the obligations of entities subject to this chapter to comply with other applicable laws to the extent that they do not
conflict with this chapter, except that laws and regulations
designed and intended to apply to medicare supplement
insurance policies shall not be applied to long-term care
insurance.
(1) Coverage advertised, marketed, or offered as longterm care insurance shall comply with the provisions of this
chapter. Any coverage, policy, or rider advertised, marketed,
or offered as long-term care or nursing home insurance shall
comply with the provisions of this chapter.
(2) Individual and group long-term care contracts issued
prior to January 1, 2009, remain governed by chapter 48.84
RCW and rules adopted thereunder.
(3) This chapter is not intended to prohibit approval of
long-term care funded through life insurance. [2008 c 145 §
2.]
48.83.010
48.83.020 Definitions. (Effective January 1, 2009.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
48.83.020
[Title 48 RCW—page 426]
(1) "Applicant" means: (a) In the case of an individual
long-term care insurance policy, the person who seeks to contract for benefits; and (b) in the case of a group long-term care
insurance policy, the proposed certificate holder.
(2) "Certificate" includes any certificate issued under a
group long-term care insurance policy that has been delivered
or issued for delivery in this state.
(3) "Commissioner" means the insurance commissioner
of Washington state.
(4) "Issuer" includes insurance companies, fraternal benefit societies, health care service contractors, health maintenance organizations, or other entity delivering or issuing for
delivery any long-term care insurance policy, contract, or
rider.
(5) "Long-term care insurance" means an insurance policy, contract, or rider that is advertised, marketed, offered, or
designed to provide coverage for at least twelve consecutive
months for a covered person. Long-term care insurance may
be on an expense incurred, indemnity, prepaid, or other basis,
for one or more necessary or medically necessary diagnostic,
preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute
care unit of a hospital. Long-term care insurance includes
any policy, contract, or rider that provides for payment of
benefits based upon cognitive impairment or the loss of functional capacity.
(a) Long-term care insurance includes group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance. However, long-term care insurance does not include life insurance
policies that: (i) Accelerate the death benefit specifically for
one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention,
or permanent institutional confinement; (ii) provide the
option of a lump-sum payment for those benefits; and (iii) do
not condition the benefits or the eligibility for the benefits
upon the receipt of long-term care.
(b) Long-term care insurance also includes qualified
long-term care insurance contracts.
(c) Long-term care insurance does not include any insurance policy, contract, or rider that is offered primarily to provide coverage for basic medicare supplement, basic hospital
expense, basic medical-surgical expense, hospital confinement indemnity, major medical expense, disability income,
related income, asset protection, accident only, specified disease, specified accident, or limited benefit health.
(6) "Group long-term care insurance" means a long-term
care insurance policy or contract that is delivered or issued
for delivery in this state and is issued to:
(a) One or more employers; one or more labor organizations; or a trust or the trustees of a fund established by one or
more employers or labor organizations for current or former
employees, current or former members of the labor organizations, or a combination of current and former employees or
members, or a combination of such employers, labor organizations, trusts, or trustees; or
(b) A professional, trade, or occupational association for
its members or former or retired members, if the association:
(i) Is composed of persons who are or were all actively
engaged in the same profession, trade, or occupation; and
(2008 Ed.)
Long-Term Care Insurance Coverage—Standards
(ii) Has been maintained in good faith for purposes other
than obtaining insurance; or
(c)(i) An association, trust, or the trustees of a fund
established, created, or maintained for the benefit of members of one or more associations. Before advertising, marketing, or offering long-term care coverage in this state, the
association or associations, or the insurer of the association or
associations, must file evidence with the commissioner that
the association or associations have at the time of such filing
at least one hundred persons who are members and that the
association or associations have been organized and maintained in good faith for purposes other than that of obtaining
insurance; have been in active existence for at least one year;
and have a constitution and bylaws that provide that:
(A) The association or associations hold regular meetings at least annually to further the purposes of the members;
(B) Except for credit unions, the association or associations collect dues or solicit contributions from members; and
(C) The members have voting privileges and representation on the governing board and committees of the association.
(ii) Thirty days after filing the evidence in accordance
with this section, the association or associations will be
deemed to have satisfied the organizational requirements,
unless the commissioner makes a finding that the association
or associations do not satisfy those organizational requirements; [or]
(d) A group other than as described in (a), (b), or (c) of
this subsection subject to a finding by the commissioner that:
(i) The issuance of the group policy is not contrary to the
best interest of the public;
(ii) The issuance of the group policy would result in
economies of acquisition or administration; and
(iii) The benefits are reasonable in relation to the premiums charged.
(7) "Policy" includes a document such as an insurance
policy, contract, subscriber agreement, rider, or endorsement
delivered or issued for delivery in this state by an insurer, fraternal benefit society, health care service contractor, health
maintenance organization, or any similar entity authorized by
the insurance commissioner to transact the business of longterm care insurance.
(8) "Qualified long-term care insurance contract" or
"federally tax-qualified long-term care insurance contract"
means:
(a) An individual or group insurance contract that meets
the requirements of section 7702B(b) of the internal revenue
code of 1986, as amended; or
(b) The portion of a life insurance contract that provides
long-term care insurance coverage by rider or as part of the
contract and that satisfies the requirements of sections
7702B(b) and (e) of the internal revenue code of 1986, as
amended. [2008 c 145 § 3.]
48.83.030 Out-of-state policy—Restriction. (Effective January 1, 2009.) A group long-term care insurance policy may not be offered to a resident of this state under a group
policy issued in another state to a group described in RCW
48.83.020(6)(d), unless this state or another state having statutory and regulatory long-term care insurance requirements
substantially similar to those adopted in this state has made a
48.83.030
(2008 Ed.)
48.83.050
determination that such requirements have been met. [2008 c
145 § 4.]
48.83.040 Preexisting conditions. (Effective January
1, 2009.) (1) A long-term care insurance policy or certificate
may not define "preexisting condition" more restrictively
than as a condition for which medical advice or treatment was
recommended by or received from a provider of health care
services, within six months preceding the effective date of
coverage of an insured person, unless the policy or certificate
applies to group long-term care insurance under RCW
48.83.020(6) (a), (b), or (c).
(2) A long-term care insurance policy or certificate may
not exclude coverage for a loss or confinement that is the
result of a preexisting condition unless the loss or confinement begins within six months following the effective date of
coverage of an insured person, unless the policy or certificate
applies to a group as defined in RCW 48.83.020(6)(a).
(3) The commissioner may extend the limitation periods
for specific age group categories in specific policy forms
upon finding that the extension is in the best interest of the
public.
(4) An issuer may use an application form designed to
elicit the complete health history of an applicant and underwrite in accordance with that issuer’s established underwriting standards, based on the answers on that application.
Unless otherwise provided in the policy or certificate and
regardless of whether it is disclosed on the application, a preexisting condition need not be covered until the waiting
period expires.
(5) A long-term care insurance policy or certificate may
not exclude or use waivers or riders to exclude, limit, or
reduce coverage or benefits for specifically named or
described preexisting diseases or physical conditions beyond
the waiting period. [2008 c 145 § 5.]
48.83.040
48.83.050 Prohibited policy terms and practices—
Field-issued, defined. (Effective January 1, 2009.) No
long-term care insurance policy may:
(1) Be canceled, nonrenewed, or otherwise terminated
on the grounds of the age or the deterioration of the mental or
physical health of the insured individual or certificate holder;
(2) Contain a provision establishing a new waiting
period in the event existing coverage is converted to or
replaced by a new or other form within the same company,
except with respect to an increase in benefits voluntarily
selected by the insured individual or group policyholder;
(3) Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility
than coverage for lower levels of care;
(4) Condition eligibility for any benefits on a prior hospitalization requirement;
(5) Condition eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care;
(6) Condition eligibility for any benefits other than
waiver of premium, postconfinement, postacute care, or recuperative benefits on a prior institutionalization requirement;
(7) Include a postconfinement, postacute care, or recuperative benefit unless:
48.83.050
[Title 48 RCW—page 427]
48.83.060
Title 48 RCW: Insurance
(a) Such requirement is clearly labeled in a separate
paragraph of the policy or certificate entitled "Limitations or
Conditions on Eligibility for Benefits"; and
(b) Such limitations or conditions specify any required
number of days of preconfinement or postconfinement;
(8) Condition eligibility for noninstitutional benefits on
the prior receipt of institutional care;
(9) A long-term care insurance policy or certificate may
be field-issued if the compensation to the field issuer is not
based on the number of policies or certificates issued. For
purposes of this section, "field-issued" means a policy or certificate issued by a producer or a third-party administrator of
the policy pursuant to the underwriting authority by an issuer
and using the issuer’s underwriting guidelines. [2008 c 145 §
6.]
48.83.060 Right to return policy or certificate—
Refund. (Effective January 1, 2009.) (1) Long-term care
insurance applicants may return a policy or certificate for any
reason within thirty days after its delivery and to have the
premium refunded.
(2) All long-term care insurance policies and certificates
shall have a notice prominently printed on or attached to the
first page of the policy stating that the applicant may return
the policy or certificate within thirty days after its delivery
and to have the premium refunded.
(3) Refunds or denials of applications must be made
within thirty days of the return or denial.
(4) This section shall not apply to certificates issued pursuant to a policy issued to a group defined in RCW
48.83.020(6)(a). [2008 c 145 § 7.]
48.83.060
48.83.070 Required documents for prospective and
approved applicants—Contents—When due. (Effective
January 1, 2009.) (1) An outline of coverage must be delivered to a prospective applicant for long-term care insurance at
the time of initial solicitation through means that prominently
direct the attention of the recipient to the document and its
purpose.
(a) The commissioner must prescribe a standard format,
including style, arrangement, overall appearance, and the
content of an outline of coverage.
(b) When an insurance producer makes a solicitation in
person, he or she must deliver an outline of coverage before
presenting an application or enrollment form.
(c) In a direct response solicitation, the outline of coverage must be presented with an application or enrollment
form.
(d) If a policy is issued to a group as defined in RCW
48.83.020(6)(a), an outline of coverage is not required to be
delivered, if the information that the commissioner requires
to be included in the outline of coverage is in other materials
relating to enrollment. Upon request, any such materials
must be made available to the commissioner.
(2) If an issuer approves an application for a long-term
care insurance contract or certificate, the issuer must deliver
the contract or certificate of insurance to the applicant within
thirty days after the date of approval. A policy summary
must be delivered with an individual life insurance policy
that provides long-term care benefits within the policy or by
48.83.070
[Title 48 RCW—page 428]
rider. In a direct response solicitation, the issuer must deliver
the policy summary, upon request, before delivery of the policy, if the applicant requests a summary.
(a) The policy summary shall include:
(i) An explanation of how the long-term care benefit
interacts with other components of the policy, including
deductions from any applicable death benefits;
(ii) An illustration of the amount of benefits, the length
of benefits, and the guaranteed lifetime benefits if any, for
each covered person;
(iii) Any exclusions, reductions, and limitations on benefits of long-term care;
(iv) A statement that any long-term care inflation protection option required by RCW 48.83.110 is not available
under this policy; and
(v) If applicable to the policy type, the summary must
also include:
(A) A disclosure of the effects of exercising other rights
under the policy;
(B) A disclosure of guarantees related to long-term care
costs of insurance charges; and
(C) Current and projected maximum lifetime benefits.
(b) The provisions of the policy summary may be incorporated into a basic illustration required under chapter
48.23A RCW, or into the policy summary which is required
under rules adopted by the commissioner. [2008 c 145 § 8.]
48.83.080 Benefit funded through life insurance policy—Acceleration of a death benefit. (Effective January 1,
2009.) If a long-term care benefit funded through a life insurance policy by the acceleration of the death benefit is in benefit payment status, a monthly report must be provided to the
policyholder. The report must include:
(1) A record of all long-term care benefits paid out during the month;
(2) An explanation of any changes in the policy resulting
from paying the long-term care benefits, such as a change in
the death benefit or cash values; and
(3) The amount of long-term care benefits that remain to
be paid. [2008 c 145 § 9.]
48.83.080
48.83.090 Denial of claims—Written explanation.
(Effective January 1, 2009.) All long-term care denials must
be made within sixty days after receipt of a written request
made by a policyholder or certificate holder, or his or her representative. All denials of long-term care claims by the issuer
must provide a written explanation of the reasons for the
denial and make available to the policyholder or certificate
holder all information directly related to the denial. [2008 c
145 § 10.]
48.83.090
48.83.100 Rescission of policy or certificate. (Effective January 1, 2009.) (1) An issuer may rescind a long-term
care insurance policy or certificate or deny an otherwise valid
long-term care insurance claim if:
(a) A policy or certificate has been in force for less than
six months and upon a showing of misrepresentation that is
material to the acceptance for coverage; or
(b) A policy or certificate that has been in force for at
least six months but less than two years, upon a showing of
48.83.100
(2008 Ed.)
Long-Term Care Insurance Coverage—Standards
misrepresentation that is both material to the acceptance for
coverage and that pertains to the condition for which benefits
are sought.
(2) After a policy or certificate has been in force for two
years it is not contestable upon the grounds of misrepresentation alone. Such a policy or certificate may be contested only
upon a showing that the insured knowingly and intentionally
misrepresented relevant facts relating to the insured’s health.
(3) An issuer’s payments for benefits under a long-term
care insurance policy or certificate may not be recovered by
the issuer if the policy or certificate is rescinded.
(4) This section does not apply to the remaining death
benefit of a life insurance policy that accelerates benefits for
long-term care that are governed by RCW 48.23.050 the
state’s life insurance incontestability clause. In all other situations, this section shall apply to life insurance policies that
accelerate benefits for long-term care. [2008 c 145 § 11.]
48.83.110 Inflation protection features—Rules.
(Effective January 1, 2009.) (1) The commissioner must
establish minimum standards for inflation protection features.
(2) An issuer must comply with the rules adopted by the
commissioner that establish minimum standards for inflation
protection features. [2008 c 145 § 12.]
48.83.110
48.83.120 Nonforfeiture benefit option—Offer
required—Rules. (Effective January 1, 2009.) (1) Except
as provided by this section, a long-term care insurance policy
may not be delivered or issued for delivery in this state unless
the policyholder or certificate holder has been offered the
option of purchasing a policy or certificate that includes a
nonforfeiture benefit. The offer of a nonforfeiture benefit
may be in the form of a rider that is attached to the policy. If
a policyholder or certificate holder declines the nonforfeiture
benefit, the issuer must provide a contingent benefit upon
lapse that is available for a specified period of time following
a substantial increase in premium rates.
(2) If a group long-term care insurance policy is issued,
the offer required in subsection (1) of this section must be
made to the group policyholder. However, if the policy is
issued as group long-term care insurance as defined in RCW
48.83.020(6)(d) other than to a continuing care retirement
community or other similar entity, the offering shall be made
to each proposed certificate holder.
(3) The commissioner must adopt rules specifying the
type or types of nonforfeiture benefits to be offered as part of
long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the
specified period of time during which a contingent benefit
upon lapse will be available and the substantial premium rate
increase that triggers a contingent benefit upon lapse. [2008
c 145 § 13.]
48.83.120
48.83.130 Selling, soliciting, or negotiating coverage—Licensed insurance producers—Training—Issuers
duties—Rules. (Effective January 1, 2009.) A person may
not sell, solicit, or negotiate long-term care insurance unless
he or she is appropriately licensed as an insurance producer
48.83.130
(2008 Ed.)
48.83.130
and has successfully completed long-term care coverage education that meets the requirements of this section.
(1) All long-term care education required by this chapter
must meet the requirements of chapter 48.17 RCW and rules
adopted by the commissioner.
(2)(a)(i) After January 1, 2009, prior to soliciting, selling, or negotiating long-term care insurance coverage, an
insurance producer must successfully complete a one-time
education course consisting of no fewer than eight hours on
long-term care coverage, long-term care services, state and
federal regulations and requirements for long-term care and
qualified long-term care insurance coverage, changes or
improvements in long-term care services or providers, alternatives to the purchase of long-term care insurance coverage,
the effect of inflation on benefits and the importance of inflation protection, and consumer suitability standards and
guidelines.
(ii) In order to continue soliciting, selling, or negotiating
long-term care coverage in this state, all insurance producers
selling, soliciting, or negotiating long-term care insurance
coverage prior to January 1, 2009, must successfully complete the eight-hour, one-time long-term care education and
training course no later than July 1, 2009.
(b) In addition to the one-time education and training
requirement set forth in (a) of this subsection, insurance producers who engage in the solicitation, sale, or negotiation of
long-term care insurance coverage must successfully complete no fewer than four hours every twenty-four months of
continuing education specific to long-term care insurance
coverage and issues. Long-term care insurance coverage
continuing education shall consist of topics related to longterm care insurance, long-term care services, and, if applicable, qualified state long-term care insurance partnership programs, including, but not limited to, the following:
(i) State and federal regulations and requirements and the
relationship between qualified state long-term care insurance
partnership programs and other public and private coverage
of long-term care services, including medicaid;
(ii) Available long-term care services and providers;
(iii) Changes or improvements in long-term care services
or providers;
(iv) Alternatives to the purchase of private long-term
care insurance;
(v) The effect of inflation on benefits and the importance
of inflation protection;
(vi) This chapter and chapters 48.84 and 48.85 RCW;
and
(vii) Consumer suitability standards and guidelines.
(3) The insurance producer education required by this
section shall not include training that is issuer or company
product-specific or that includes any sales or marketing information, materials, or training, other than those required by
state or federal law.
(4) Issuers shall obtain verification that an insurance producer receives training required by this section before that
producer is permitted to sell, solicit, or otherwise negotiate
the issuer’s long-term care insurance products.
(5) Issuers shall maintain records subject to the state’s
record retention requirements and shall make evidence of that
verification available to the commissioner upon request.
[Title 48 RCW—page 429]
48.83.140
Title 48 RCW: Insurance
(6)(a) Issuers shall maintain records with respect to the
training of its producers concerning the distribution of its
long-term care partnership policies that will allow the commissioner to provide assurance to the state department of
social and health services, medicaid division, that insurance
producers engaged in the sale of long-term care insurance
contracts have received the training required by this section
and any rules adopted by the commissioner, and that producers have demonstrated an understanding of the partnership
policies and their relationship to public and private coverage
of long-term care, including medicaid, in this state.
(b) These records shall be maintained in accordance with
the state’s record retention requirements and shall be made
available to the commissioner upon request.
(7) The satisfaction of these training requirements for
any state shall be deemed to satisfy the training requirements
of this state. [2008 c 145 § 14.]
48.83.140 Determining whether coverage is appropriate—Suitability standards—Information protected—
Rules. (Effective January 1, 2009.) Issuers and their agents,
if any, must determine whether issuing long-term care insurance coverage to a particular person is appropriate, except in
the case of a life insurance policy that accelerates benefits for
long-term care.
(1) An issuer must:
(a) Develop and use suitability standards to determine
whether the purchase or replacement of long-term care coverage is appropriate for the needs of the applicant or insured;
(b) Train its agents in the use of the issuer’s suitability
standards; and
(c) Maintain a copy of its suitability standards and make
the standards available for inspection, upon request.
(2) The following must be considered when determining
whether the applicant meets the issuer’s suitability standards:
(a) The ability of the applicant to pay for the proposed
coverage and any other relevant financial information related
to the purchase of or payment for coverage;
(b) The applicant’s goals and needs with respect to longterm care and the advantages and disadvantages of long-term
care coverage to meet those goals or needs; and
(c) The values, benefits, and costs of the applicant’s
existing health or long-term care coverage, if any, when compared to the values, benefits, and costs of the recommended
purchase or replacement.
(3) The sale or transfer of any suitability information
provided to the issuer or agent by the applicant to any other
person or business entity is prohibited.
(4)(a) The commissioner shall adopt, by rule, forms of
consumer-friendly personal worksheets that issuers and their
agents must use for applications for long-term care coverage.
(b) The commissioner may require each issuer to file its
current forms of suitability standards and personal worksheets with the commissioner. [2008 c 145 § 15.]
48.83.140
48.83.150 Prohibited practices. (Effective January 1,
2009.) A person engaged in the issuance or solicitation of
long-term care coverage shall not engage in unfair methods
of competition or unfair or deceptive acts or practices, as
48.83.150
[Title 48 RCW—page 430]
such methods, acts, or practices are defined in chapter 48.30
RCW, or as defined by the commissioner. [2008 c 145 § 16.]
48.83.160 Violations—Fine. (Effective January 1,
2009.) An issuer or an insurance producer who violates a law
or rule relating to the regulation of long-term care insurance
or its marketing shall be subject to a fine of up to three times
the amount of the commission paid for each policy involved
in the violation or up to ten thousand dollars, whichever is
greater. [2008 c 145 § 17.]
48.83.160
48.83.170 Rules, generally. (Effective January 1,
2009.) (1) The commissioner must adopt rules that include
standards for full and fair disclosure setting forth the manner,
content, and required disclosures for the sale of long-term
care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage
provisions, coverage of dependents, preexisting conditions,
termination of insurance, continuation or conversion, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definitions of terms. The commissioner must
adopt rules establishing loss ratio standards for long-term
care insurance policies. The commissioner must adopt rules
to promote premium adequacy and to protect policyholders in
the event of proposed substantial rate increases, and to establish minimum standards for producer education, marketing
practices, producer compensation, producer testing, penalties, and reporting practices for long-term care insurance.
(2) The commissioner shall adopt rules establishing standards protecting patient privacy rights, rights to receive confidential health care services, and standards for an issuer’s
timely review of a claim denial upon request of a covered
person.
(3) The commissioner may adopt reasonable rules to
effectuate any provision of this chapter in accordance with
the requirements of chapter 34.05 RCW. [2008 c 145 § 18.]
48.83.170
48.83.900 Severability—2008 c 145. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2008 c 145 § 23.]
48.83.900
48.83.901 Effective date—2008 c 145. This act takes
effect January 1, 2009. [2008 c 145 § 24.]
48.83.901
Chapter 48.84
Chapter 48.84 RCW
LONG-TERM CARE INSURANCE ACT
Sections
48.84.010
48.84.020
48.84.030
48.84.040
48.84.050
48.84.060
48.84.070
48.84.900
48.84.910
General provisions, intent.
Definitions.
Rules—Benefits-premiums ratio, coverage limitations.
Policies and contracts—Prohibited provisions.
Disclosure rules—Required provisions in policy or contract.
Prohibited practices.
Separation of data regarding certain policies.
Severability—1986 c 170.
Effective date, application—1986 c 170.
Long-term care insurance plans for eligible public employees: RCW
41.05.065.
(2008 Ed.)
Long-Term Care Insurance Act
48.84.010 General provisions, intent. (Effective until
January 1, 2009.) This chapter may be known and cited as
the "long-term care insurance act" and is intended to govern
the content and sale of long-term care insurance and longterm care benefit contracts as defined in this chapter. This
chapter shall be liberally construed to promote the public
interest in protecting purchasers of long-term care insurance
from unfair or deceptive sales, marketing, and advertising
practices. The provisions of this chapter shall apply in addition to other requirements of Title 48 RCW. [1986 c 170 § 1.]
48.84.010
48.84.010 General provisions, intent. (Effective January 1, 2009.) This chapter may be known and cited as the
"long-term care insurance act" and is intended to govern the
content and sale of long-term care insurance and long-term
care benefit contracts issued before January 1, 2009, as
defined in this chapter. This chapter shall be liberally construed to promote the public interest in protecting purchasers
of long-term care insurance from unfair or deceptive sales,
marketing, and advertising practices. The provisions of this
chapter shall apply in addition to other requirements of Title
48 RCW. [2008 c 145 § 19; 1986 c 170 § 1.]
48.84.010
Severability—Effective date—2008 c 145: See RCW 48.83.900 and
48.83.901.
48.84.020 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Long-term care insurance" or "long-term care benefit contract" means any insurance policy or benefit contract
primarily advertised, marketed, offered, or designed to provide coverage or services for either institutional or community-based convalescent, custodial, chronic, or terminally ill
care. Such terms do not include and this chapter shall not
apply to policies or contracts governed by chapter 48.66
RCW and continuing care retirement communities.
(2) "Loss ratio" means the incurred claims plus or minus
the increase or decrease in reserves as a percentage of the
earned premiums, or the projected incurred claims plus or
minus the increase or decrease in projected reserves as a percentage of projected earned premiums, as defined by the
commissioner.
(3) "Preexisting condition" means a covered person’s
medical condition that caused that person to have received
medical advice or treatment during the specified time period
before the effective date of coverage.
(4) "Medicare" means Title XVIII of the United States
social security act, or its successor program.
(5) "Medicaid" means Title XIX of the United States
social security act, or its successor program.
(6) "Nursing home" means a nursing home as defined in
RCW 18.51.010. [1986 c 170 § 2.]
48.84.020
48.84.030 Rules—Benefits-premiums ratio, coverage
limitations. (1) The commissioner shall adopt rules requiring reasonable benefits in relation to the premium or price
charged for long-term care policies and contracts which rules
may include but are not limited to the establishment of minimum loss ratios.
(2) In addition, the commissioner may adopt rules establishing standards for long-term care coverage benefit limita48.84.030
(2008 Ed.)
48.84.050
tions, exclusions, exceptions, and reductions and for policy or
contract renewability. [1986 c 170 § 3.]
48.84.040 Policies and contracts—Prohibited provisions. No long-term care insurance policy or benefit contract
may:
(1) Use riders, waivers, endorsements, or any similar
method to limit or reduce coverage or benefits;
(2) Indemnify against losses resulting from sickness on a
different basis than losses resulting from accidents;
(3) Be canceled, nonrenewed, or segregated at the time
of rerating solely on the grounds of the age or the deterioration of the mental or physical health of the covered person;
(4) Exclude or limit coverage for preexisting conditions
for a period of more than one year prior to the effective date
of the policy or contract or more than six months after the
effective date of the policy or contract;
(5) Differentiate benefit amounts on the basis of the type
or level of nursing home care provided;
(6) Contain a provision establishing any new waiting
period in the event an existing policy or contract is converted
to a new or other form within the same company. [1986 c 170
§ 4.]
48.84.040
48.84.050 Disclosure rules—Required provisions in
policy or contract. (Effective until July 1, 2009.) (1) The
commissioner shall adopt rules requiring disclosure to consumers of the level, type, and amount of benefits provided
and the limitations, exclusions, and exceptions contained in a
long-term care insurance policy or contract. In adopting such
rules the commissioner shall require an understandable disclosure to consumers of any cost for services that the consumer will be responsible for in utilizing benefits covered
under the policy or contract.
(2) Each long-term care insurance policy or contract
shall include a provision, prominently displayed on the first
page of the policy or contract, stating in substance that the
person to whom the policy or contract is sold shall be permitted to return the policy or contract within thirty days of its
delivery. In the case of policies or contracts solicited and sold
by mail, the person may return the policy or contract within
sixty days. Once the policy or contract has been returned, the
person may have the premium refunded if, after examination
of the policy or contract, the person is not satisfied with it for
any reason. An additional ten percent penalty shall be added
to any premium refund due which is not paid within thirty
days of return of the policy or contract to the insurer or agent.
If a person, pursuant to such notice, returns the policy or contract to the insurer at its branch or home office, or to the agent
from whom the policy or contract was purchased, the policy
or contract shall be void from its inception, and the parties
shall be in the same position as if no policy or contract had
been issued. [1986 c 170 § 5.]
48.84.050
48.84.050 Disclosure rules—Required provisions in
policy or contract. (Effective July 1, 2009.) (1) The commissioner shall adopt rules requiring disclosure to consumers
of the level, type, and amount of benefits provided and the
limitations, exclusions, and exceptions contained in a longterm care insurance policy or contract. In adopting such rules
48.84.050
[Title 48 RCW—page 431]
48.84.060
Title 48 RCW: Insurance
the commissioner shall require an understandable disclosure
to consumers of any cost for services that the consumer will
be responsible for in utilizing benefits covered under the policy or contract.
(2) Each long-term care insurance policy or contract
shall include a provision, prominently displayed on the first
page of the policy or contract, stating in substance that the
person to whom the policy or contract is sold shall be permitted to return the policy or contract within thirty days of its
delivery. In the case of policies or contracts solicited and
sold by mail, the person may return the policy or contract
within sixty days. Once the policy or contract has been
returned, the person may have the premium refunded if, after
examination of the policy or contract, the person is not satisfied with it for any reason. An additional ten percent penalty
shall be added to any premium refund due which is not paid
within thirty days of return of the policy or contract to the
insurer or insurance producer. If a person, pursuant to such
notice, returns the policy or contract to the insurer at its
branch or home office, or to the insurance producer from
whom the policy or contract was purchased, the policy or
contract shall be void from its inception, and the parties shall
be in the same position as if no policy or contract had been
issued.
(3) No later than January 1, 2010, or when the insurer has
used all of its existing paper long-term care insurance policy
forms which were in its possession on July 1, 2009, whichever is earlier, the notice required by subsection (2) of this
section shall use the term insurance producer in place of
agent. [2008 c 217 § 67; 1986 c 170 § 5.]
beginning on or after January 1, 1988, all insurers, fraternal
benefit societies, health care services contractors, and health
maintenance organizations shall, for reporting and record
keeping purposes, separate data concerning long-term care
insurance policies and contracts from data concerning other
insurance policies and contracts. [1986 c 170 § 7.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.85.010
48.85.020
48.85.030
48.85.040
48.85.900
48.84.060 Prohibited practices. (Effective until July
1, 2009.) No agent, broker, or other representative of an
insurer, contractor, or other organization selling or offering
long-term care insurance policies or benefit contracts may:
(1) Complete the medical history portion of any form or
application for the purchase of such policy or contract; (2)
knowingly sell a long-term care policy or contract to any person who is receiving medicaid; or (3) use or engage in any
unfair or deceptive act or practice in the advertising, sale, or
marketing of long-term care policies or contracts. [1986 c
170 § 6.]
48.84.060
48.84.060 Prohibited practices. (Effective July 1,
2009.) No insurance producer or other representative of an
insurer, contractor, or other organization selling or offering
long-term care insurance policies or benefit contracts may:
(1) Complete the medical history portion of any form or
application for the purchase of such policy or contract; (2)
knowingly sell a long-term care policy or contract to any person who is receiving medicaid; or (3) use or engage in any
unfair or deceptive act or practice in the advertising, sale, or
marketing of long-term care policies or contracts. [2008 c
217 § 68; 1986 c 170 § 6.]
48.84.060
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.84.070 Separation of data regarding certain policies. Commencing with reports for accounting periods
48.84.070
[Title 48 RCW—page 432]
48.84.900 Severability—1986 c 170. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 170 § 9.]
48.84.900
48.84.910 Effective date, application—1986 c 170.
RCW 48.84.060 shall take effect on November 1, 1986, and
the commissioner shall adopt all rules necessary to implement RCW 48.84.060 by its effective date including rules
prohibiting particular unfair or deceptive acts and practices in
the advertising, sale, and marketing of long-term care policies and contracts. The commissioner shall adopt all rules
necessary to implement the remaining sections of this chapter
by July 1, 1987, and the remaining sections of this chapter
shall apply to policies and contracts issued on or after January
1, 1988. [1986 c 170 § 10.]
48.84.910
Chapter 48.85 RCW
WASHINGTON LONG-TERM CARE PARTNERSHIP
Chapter 48.85
Sections
Washington long-term care partnership program—Generally.
Protection of assets—Federal approval—Rules.
Insurance policy criteria—Rules.
Consumer education program.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492.
48.85.010 Washington long-term care partnership
program—Generally. (Effective until January 1, 2009.)
The department of social and health services shall, in conjunction with the office of the insurance commissioner, coordinate a long-term care insurance program entitled the Washington long-term care partnership, whereby private insurance
and medicaid funds shall be used to finance long-term care.
For individuals purchasing a long-term care insurance policy
or contract governed by chapter 48.84 RCW and meeting the
criteria prescribed in this chapter, and any other terms as
specified by the office of the insurance commissioner and the
department of social and health services, this program shall
allow for the exclusion of some or all of the individual’s
assets in determination of medicaid eligibility as approved by
the federal health care financing administration. [1995 1st
sp.s. c 18 § 76; 1993 c 492 § 458.]
48.85.010
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.010 Washington long-term care partnership
program—Generally. (Effective January 1, 2009.) The
department of social and health services shall, in conjunction
with the office of the insurance commissioner, coordinate a
long-term care insurance program entitled the Washington
48.85.010
(2008 Ed.)
Midwives and Birthing Centers—Joint Underwriting Association
long-term care partnership, whereby private insurance and
medicaid funds shall be used to finance long-term care. For
individuals purchasing a long-term care insurance policy or
contract governed by chapter 48.84 or 48.83 RCW and meeting the criteria prescribed in this chapter, and any other terms
as specified by the office of the insurance commissioner and
the department of social and health services, this program
shall allow for the exclusion of some or all of the individual’s
assets in determination of medicaid eligibility as approved by
the federal health care financing administration. [2008 c 145
§ 21; 1995 1st sp.s. c 18 § 76; 1993 c 492 § 458.]
Severability—Effective date—2008 c 145: See RCW 48.83.900 and
48.83.901.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.020 Protection of assets—Federal approval—
Rules. The department of social and health services shall
seek approval from the federal health care financing administration to allow the protection of an individual’s assets as provided in this chapter. The department shall adopt all rules
necessary to implement the Washington long-term care partnership program, which rules shall permit the exclusion of all
or some of an individual’s assets in a manner specified by the
department in a determination of medicaid eligibility to the
extent that private long-term care insurance provides payment or benefits for services. [1995 1st sp.s. c 18 § 77; 1993
c 492 § 459.]
48.85.020
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
48.87.010
(2) Insurers offering long-term care policies for the purposes of this chapter shall demonstrate to the satisfaction of
the insurance commissioner that they:
(a) Have procedures to provide notice to each purchaser
of the long-term care consumer education program;
(b) Offer case management services;
(c) Have procedures that provide for the keeping of individual policy records and procedures for the explanation of
coverage and benefits identifying those payments or services
available under the policy that meet the purposes of this chapter;
(d) Agree to provide the insurance commissioner, on or
before September 1 of each year, an annual report containing
information derived from the long-term care partnership
long-term care insurance uniform data set as specified by the
office of the insurance commissioner. [1995 1st sp.s. c 18 §
78; 1993 c 492 § 460.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.040 Consumer education program. The insurance commissioner shall, with the cooperation of the department of social and health services and members of the longterm care insurance industry, develop a consumer education
program designed to educate consumers as to the need for
long-term care, methods for financing long-term care, the
availability of long-term care insurance, and the availability
and eligibility requirements of the asset protection program
provided under this chapter. [1995 1st sp.s. c 18 § 79; 1993 c
492 § 461.]
48.85.040
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
48.85.030 Insurance policy criteria—Rules. (1) The
insurance commissioner shall adopt rules defining the criteria
that long-term care insurance policies must meet to satisfy
the requirements of this chapter. The rules shall provide that
all long-term care insurance policies purchased for the purposes of this chapter:
(a) Be guaranteed renewable;
(b) Provide coverage for nursing home care and provide
coverage for an alternative plan of care benefit as defined by
the commissioner;
(c) Provide optional coverage for home and communitybased services. Such home and community-based services
shall be included in the coverage unless rejected in writing by
the applicant;
(d) Provide automatic inflation protection or similar coverage for any policyholder through the age of seventy-nine
and made optional at age eighty to protect the policyholder
from future increases in the cost of long-term care;
(e) Not require prior hospitalization or confinement in a
nursing home as a prerequisite to receiving long-term care
benefits; and
(f) Contain at least a six-month grace period that permits
reinstatement of the policy or contract retroactive to the date
of termination if the policy or contract holder’s nonpayment
of premiums arose as a result of a cognitive impairment suffered by the policy or contract holder as certified by a physician.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.030
(2008 Ed.)
48.85.900 Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492. See RCW 43.72.910 through
43.72.915.
48.85.900
Chapter 48.87 RCW
MIDWIVES AND BIRTHING CENTERS—
JOINT UNDERWRITING ASSOCIATION
Chapter 48.87
Sections
48.87.010
48.87.020
48.87.030
48.87.040
48.87.050
48.87.060
48.87.070
48.87.080
48.87.100
Intent.
Definitions.
Plan for establishing association—Commissioner’s duty—
Market assistance plan.
Composition of association.
Midwifery and birth center malpractice insurance—Rating
plan modified according to practice volume.
Administering a plan.
Policies written on a claims made basis—Commissioner may
not approve without insurer guarantees.
Risk management program—Part of plan.
Rule making.
48.87.010 Intent. Certified nurse midwives and
licensed midwives experience a major problem in both the
availability and affordability of malpractice insurance. In
particular midwives practicing outside hospital settings are
unable to obtain malpractice insurance at any price in this
48.87.010
[Title 48 RCW—page 433]
48.87.020
Title 48 RCW: Insurance
state at this time. Licensed midwives have been unable to
obtain hospital privileges due in part to the requirement of
almost all Washington hospitals that professional staff members have liability insurance.
The services performed by midwives are in demand by
many women for childbirth and prenatal care. Women often
choose to have a home or birth center birth instead of a hospital birth. Women are entitled to the provider of their choice
at such a critical life event. Studies document the safety of
midwife-attended births and the safety of home births for
low-risk women.
At a time when safety, cost-effectiveness, and individual
choice are of paramount concern to the citizens of Washington state, midwifery care in a variety of settings must be
available to the public. This is essential to the goals of
increased access to maternity care and increased cost-effectiveness of care, as well as addressing problems of provider
shortage. One of the primary impediments to the availability
of maternity services performed by midwives is the lack of
available and affordable malpractice liability insurance coverage.
This chapter is intended to increase the availability of
cost-effective, high-quality maternity care by making malpractice insurance available for midwives. This chapter is
implemented by requiring all insurers authorized to write
commercial or professional liability insurance to be members
of a joint underwriting association created to provide malpractice insurance for midwives. [1993 c 112 § 1.]
48.87.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means the joint underwriting association established under this chapter.
(2) "Midwifery and birth center malpractice insurance"
means insurance coverage against the legal liability of the
insured and against loss damage or expense incident to a
claim arising out of the death or injury of a person as a result
of negligence or malpractice in rendering professional service by a licensee.
(3) "Licensee" means a person or facility licensed to provide midwifery services under chapter 18.50, 18.79, or 18.46
RCW. [2002 c 300 § 1; 1993 c 112 § 2.]
48.87.020
48.87.030 Plan for establishing association—Commissioner’s duty—Market assistance plan. The insurance
commissioner shall approve by December 31, 1993, a reasonable plan for the establishment of a nonprofit, joint underwriting association for midwifery and birth center malpractice insurance subject to the conditions and limitations contained in this chapter. Such plan shall include a market
assistance plan to be used prior to activating a joint underwriting association. [1993 c 112 § 3.]
tinue to transact business in this state. Only licensed midwives under chapter 18.50 RCW, certified nurse midwives
licensed under chapter 18.79 RCW, or birth centers licensed
under chapter 18.46 RCW may participate in the joint underwriting authority. [2002 c 300 § 2; 1993 c 112 § 4.]
48.87.050
48.87.050 Midwifery and birth center malpractice
insurance—Rating plan modified according to practice
volume. A licensee may apply to the association to purchase
midwifery and birth center malpractice insurance and the
association shall offer a policy with liability limits of one million dollars per claim and three million dollars per annual
aggregate, or such other minimum level of mandated coverage as determined by the department of health. The insurance
commissioner shall require the use of a rating plan for midwifery malpractice insurance that permits rates to be modified according to practice volume. Any rating plan for midwifery malpractice insurance used under this section must be
based on sound actuarial principles. Coverage may not
exclude midwives who engage in home birth or birth center
deliveries. [1994 c 90 § 1; 1993 c 112 § 5.]
Effective date—1994 c 90: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 23, 1994]." [1994 c 90 § 2.]
48.87.060
48.87.060 Administering a plan. The commissioner
may select an insurer to administer a plan established under
this chapter. The insurer must be admitted to transact the
business of insurance of the state of Washington. [1993 c 112
§ 6.]
48.87.070
48.87.070 Policies written on a claims made basis—
Commissioner may not approve without insurer guarantees. The insurance commissioner may not approve a policy
written on a claims made basis by an insurer doing business
in this state unless the insurer guarantees to the commissioner
the continued availability of suitable liability protection for
midwives subsequent to the discontinuance of professional
practice by the midwife or the sooner termination of the
insurance policy by the insurer for so long as there is a reasonable probability of a claim for injury for which the health
care provider might be liable. [1993 c 112 § 7.]
48.87.030
48.87.040 Composition of association. The association shall be comprised of all insurers possessing a certificate
of authority to write and engaged in writing medical malpractice insurance within this state and general casualty companies. Every insurer shall be a member of the association and
shall remain a member as a condition of its authority to con48.87.040
[Title 48 RCW—page 434]
48.87.080
48.87.080 Risk management program—Part of plan.
A risk management program for insureds of the association
must be established as a part of the plan. This program must
include but not be limited to: Investigation and analysis of
frequency, severity, and causes of adverse or untoward outcomes; development of measures to control these injuries;
systematic reporting of incidents; investigation and analysis
of patient complaints; and education of association members
to improve quality of care and risk reduction. [1993 c 112 §
8.]
48.87.100
48.87.100 Rule making. The commissioner may adopt
all rules necessary to ensure the efficient, equitable operation
of the association, including but not limited to, rules requiring or limiting certain policy provisions. [1993 c 112 § 10.]
(2008 Ed.)
Child Day Care Centers—Self-Insurance
Chapter 48.88 RCW
DAY CARE SERVICES—
JOINT UNDERWRITING ASSOCIATION
Chapter 48.88
Sections
48.88.010
48.88.020
48.88.030
48.88.040
48.88.050
48.88.070
Intent.
Definitions.
Plan for joint underwriting association.
Association—Membership.
Policies—Liability limits—Rating plan.
Rules.
48.88.010 Intent. Day care service providers have
experienced major problems in both the availability and
affordability of liability insurance. Premiums for such insurance policies have recently grown as much as five hundred
percent and the availability of such insurance in Washington
markets has greatly diminished.
The availability of quality day care is essential to achieving such goals as increased workforce productivity, family
self-sufficiency, and protection for children at risk due to
poverty and abuse. The unavailability of adequate liability
insurance threatens to decrease the availability of day care
services.
This chapter is intended to remedy the problem of
unavailable liability insurance for day care services by
requiring all insurers authorized to write commercial or professional liability insurance to be members of a joint underwriting association created to provide liability insurance for
day care services. [1986 c 141 § 1.]
48.88.010
48.88.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means the joint underwriting association established pursuant to the provisions of this chapter.
(2) "Day care insurance" means insurance coverage
against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or
injury of any person as the result of negligence or malpractice
in rendering professional service by any licensee.
(3) "Licensee" means any person or facility licensed to
provide day care services pursuant to chapter 74.15 RCW.
[1986 c 141 § 2.]
48.88.020
48.88.030 Plan for joint underwriting association.
The commissioner shall approve by July 1, 1986, a reasonable plan for the establishment of a nonprofit, joint underwriting association for day care insurance, subject to the conditions and limitations contained in this chapter. [1986 c 141
§ 3.]
48.88.030
48.88.040 Association—Membership. The association shall be comprised of all insurers possessing a certificate
of authority to write and engage in writing property and casualty insurance within this state on a direct basis, including the
liability portion of multiperil policies, but not of ocean
marine insurance. Every such insurer shall be a member of
the association and shall remain a member as a condition of
its authority to continue to transact business in this state.
[1986 c 141 § 4.]
48.88.040
(2008 Ed.)
48.90.010
48.88.050 Policies—Liability limits—Rating plan.
Any licensee may apply to the association to purchase day
care insurance, and the association shall offer a policy with
liability limits of at least one hundred thousand dollars per
occurrence. The commissioner shall require the use of a rating plan for day care insurance that permits rates to be modified for individual licensees according to the type, size and
past loss experience of the licensee including any other difference among licensees that can be demonstrated to have a
probable effect upon losses. [1986 c 141 § 5.]
48.88.050
48.88.070 Rules. The commissioner may adopt all rules
necessary to ensure the efficient, equitable operation of the
association, including but not limited to, rules requiring or
limiting certain policy provisions. [1986 c 141 § 7.]
48.88.070
Chapter 48.90
Chapter 48.90 RCW
CHILD DAY CARE CENTERS—SELF-INSURANCE
(Formerly: Day care centers—Self-insurance)
Sections
48.90.010
48.90.020
48.90.030
48.90.040
48.90.050
48.90.060
48.90.070
48.90.080
48.90.090
48.90.100
48.90.110
48.90.120
48.90.130
48.90.140
48.90.150
48.90.160
48.90.170
Findings and intent.
Definitions.
Authority to self-insure.
Chapter exclusive.
Elements of plan.
Approval of plan.
Contributing trust fund.
Initial implementation of plan—Conditions.
Standard of care in fund management—Fiduciary.
Annual report.
Powers of association.
Contracts—Terms.
Significant modifications in plan, statement on.
Dissolution of plan and association.
Recovery limits.
Suspension of plan—Reconsideration.
Costs of investigation or review of plan.
48.90.010 Findings and intent. (1) Day care providers
are facing a major crisis in that adequate and affordable business liability insurance is no longer available within this state
for persons who care for children. Many child day care centers have been forced to purchase inadequate coverage at prohibitive premium rates from unregulated foreign surplus line
carriers over which the state has minimal control.
(2) There is a danger that a substantial number of child
day care centers who cannot afford the escalating premiums
will be unable or unwilling to remain in business without adequate coverage. As a result the number of available facilities
will be drastically reduced forcing some parents to leave the
workforce to care for their children. A corresponding
demand upon the state’s resources will result in the form of
public assistance to unemployed parents and day care providers.
(3) There is a further danger that a substantial number of
child day care centers now licensed pursuant to state law,
who currently provide specific safeguards for the health and
safety of children but are unable to procure insurance, may
choose to continue to operate without state approval, avoiding regulation and payment of legitimate taxes, and forcing
some parents to place their children in facilities of unknown
quality and questionable levels of safety.
48.90.010
[Title 48 RCW—page 435]
48.90.020
Title 48 RCW: Insurance
(4) Most child day care centers are small business enterprises with limited resources. The state’s policies encourage
the growth and development of small businesses.
(5)(a) This chapter is intended to remedy the problem of
nonexistent or unaffordable liability coverage for child day
care centers, and to encourage compliance with state laws
protecting children while meeting the state’s sound economic
policies of encouraging small business development, sustaining an active workforce, and discouraging policies that result
in an increased drain on the state’s resources through public
assistance and other forms of public funding.
(b) This chapter will empower child day care centers to
create self-insurance pools, to purchase insurance coverage,
and to contract for risk management and administrative services through an association with demonstrated responsible
fiscal management.
The intent of this legislation is to allow these associations maximum flexibility to create and administer plans to
provide coverage and risk management services to licensed
child day care centers. [2003 c 248 § 21; 1986 c 142 § 1.]
48.90.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Child day care center" means an agency that regularly provides care for one or more children for periods of
l es s t h a n t w en t y - f o u r h o u r s as d ef in e d in * R C W
74.15.020(1)(a).
(2) "Association" means a corporation organized under
Title 24 RCW, representative of one or more categories of
child day care centers not formed for the sole purpose of
establishing and operating a self-insurance program that:
(a) Maintains a roster of current names and addresses of
member child day care centers and of former member child
day care centers or their representatives, and of all employees
of member or former member child day care centers;
(b) Has a membership of a size and stability to ensure
that it will be able to provide consistent and responsible fiscal
management; and
(c) Maintains a regular newsletter or other periodic communication to member child day care centers.
(3) "Subscriber" means a child day care center that:
(a) Subscribes to a plan created pursuant to this chapter;
(b) Complies with all state licensing requirements;
(c) Is a member in good standing of an association;
(d) Has consistently maintained its license free from
revocation for cause, except where the revocation was not
later rescinded or vacated by appellate or administrative decision; and
(e) Is prepared to demonstrate the willingness and ability
to bear its share of the financial responsibility of its participation in the plan for each applicable contractual period. [2003
c 248 § 22; 1986 c 142 § 2.]
48.90.020
*Reviser’s note: RCW 74.15.020 was amended by 2006 c 265 § 401,
deleting subsection (1)(a).
48.90.030 Authority to self-insure. Associations meeting the criteria of RCW 48.90.020 are empowered to create
and operate self-insurance plans to provide general liability
coverage to member child day care centers who choose to
subscribe to the plans. [2003 c 248 § 23; 1986 c 142 § 3.]
48.90.030
[Title 48 RCW—page 436]
48.90.040 Chapter exclusive. Except as provided in
this chapter, self-insurance plans formed and implemented
pursuant to this chapter shall be governed by this chapter and
shall be exempt from all other provisions of the insurance
laws of this state. [1986 c 142 § 4.]
48.90.040
48.90.050 Elements of plan. Any association desiring
to establish a plan pursuant to this chapter shall prepare and
submit to the commissioner a proposed plan of organization
and operation, including the following elements:
(1) A statement that the association meets the requirements of this chapter.
(2) A financial plan specifying:
(a) The coverage to be offered by the self-insurance pool,
setting forth a deductible level and maximum level of claims
that the pool will self-insure;
(b) The amount of cash reserves to be maintained for the
payment of claims;
(c) The amount of insurance, if any, to be purchased to
cover claims in excess of the amount of claims to be satisfied
directly from the association’s own cash reserves;
(d) The amount of stop-loss coverage to be purchased in
the event the joint self-insurance pool’s resources are
exhausted in a given fiscal period;
(e) A mechanism for determining and assessing the contingent liability of subscribers in the event the assets in the
contributing trust fund are at any time insufficient to cover
liabilities; and
(f) Certification that all subscribers in the pool are
apprised of the limitations of coverage to be provided.
(3) A plan of management setting forth:
(a) The means of fulfilling the requirements in RCW
48.90.050(2);
(b) The names and addresses of board members and their
terms of office, and a copy of the corporate bylaws defining
the method of election of board members;
(c) The frequency of studies or other evaluation to establish the periodic contribution rates for each of the subscribers;
(d) The responsibilities of subscribers, including procedures for entry into and withdrawal from the pool, the allocation of contingent liabilities and a procedure for immediate
assessments if the contributing trust fund falls below the level
set in RCW 48.90.050(2)(b);
(e) A plan for monitoring risks and disseminating information with respect to their reduction or elimination;
(f) A contract with a professional insurance management
corporation, for the management and operation of any joint
self-insurance pool established by the association; and
(g) The corporate address of the association. [1986 c 142
§ 5.]
48.90.050
48.90.060 Approval of plan. If the plan submitted
complies with RCW 48.90.050 and if the terms of the plan
reflect sound financial management, the commissioner shall
approve the plan submitted pursuant to RCW 48.90.050.
[1986 c 142 § 6.]
48.90.060
48.90.070 Contributing trust fund. All funds contributed for the purpose of the self-insurance plan shall be deposited in a contributing trust fund, which shall at all times be
48.90.070
(2008 Ed.)
Child Day Care Centers—Self-Insurance
maintained separately from the general funds of the association. The association shall not contribute to or draw upon the
contributing trust fund at any time or for any reason other
than administration of the trust fund and operation of the
plan. All administration and operating costs related to the
trust fund shall be drawn from it. [1986 c 142 § 7.]
48.90.080
48.90.080 Initial implementation of plan—Conditions. The initial implementation of the plan shall be conditioned upon establishment of the minimum deposits in the
contributing trust fund at least thirty days prior to the first
effective date of the program for its first year of operation.
[1986 c 142 § 8.]
48.90.090
48.90.090 Standard of care in fund management—
Fiduciary. In managing the assets of the contributing trust
fund, the association shall exercise the reasonable judgment
and care that ordinary persons of prudence, intelligence, and
discretion exercise in the sound management of their affairs,
not in regard to speculation but in regard to preservation of
their funds with maximum return, given the information reasonably available. The association may delegate this duty to
a responsible fiduciary. If the fiduciary has special skills or
represents that it has special skills, then the fiduciary is under
a duty to use those skills in the management of the fund’s
assets. [1986 c 142 § 9.]
48.90.140
48.90.120 Contracts—Terms. (1) All contracts
between subscribers and the association shall be for one-year
periods and shall terminate on the first day of the next fiscal
year of the association following their signature. Subscribers
withdrawing from participation in the plan during any contract period may do so only upon surrender of their licenses to
care for children to the department of social and health services.
(2) Premiums should be annual, prorated quarterly in the
event any subscriber withdraws, or any new subscriber contracts with the association to become part of the plan during
the fiscal year. Subscribers should not have the power to delegate or assign the responsibility for their assessments.
(3) Contracts should provide for recovery by the association, of any assessments that are not promptly contributed,
for methods of collection, and for resolution of related disputes. [1986 c 142 § 12.]
48.90.120
48.90.130 Significant modifications in plan, statement on. Within six months of the beginning of any fiscal
year in which significant modifications of the plan are envisioned, the association shall provide the commissioner with a
statement of those modifications, setting forth the proposed
changes, reasons for the changes, and reasonable alternatives,
if any exist. The statement shall specifically include reference
to coverage available in the commercial insurance market,
together with suggested solutions within the joint self-insurance plan. [1986 c 142 § 13.]
48.90.130
48.90.100
48.90.100 Annual report. The association shall provide an annual report of the operations of the plan to all subscribers, to the secretary of social and health services, and to
the commissioner. This report shall:
(1) Review claims made, judgments entered, and claims
rejected;
(2) Certify that the current level of the contributing trust
fund is sufficient to meet reasonable needs, or provide a plan
for establishing such a level within a reasonable time; and
(3) Make recommendations for specific measures of risk
reduction. [1986 c 142 § 10.]
48.90.110
48.90.110 Powers of association. The association shall
have the power, in its capacity as plan administrator, to contract for or delegate services as necessary for the efficient
management and operation of the plan, including but not limited to:
(1) Contracting for risk management and loss control
services;
(2) Designing a continuing program of risk reduction,
calling for the participation of all subscribers;
(3) Contracting for legal counsel for the defense of
claims and other legal services;
(4) Consulting with the commissioner, the secretary of
social and health services, or other interested state agencies
with respect to any matters affecting the provision of day care
for the state’s children, and related risk problems; and
(5) Purchasing commercial insurance coverage in the
form and amount as the subscribers may by contract agree,
including reinsurance, excess coverage, and stop-loss insurance. [1986 c 142 § 11.]
(2008 Ed.)
48.90.140 Dissolution of plan and association. (1) If
at any time the plan can no longer be operated on a sound
financial basis, the association may elect to dissolve the plan,
subject to explicit approval by the commissioner of a plan for
dissolution. Once a plan operated by an association has been
dissolved, that association may not again implement a plan
pursuant to this chapter for five calendar years.
(2) At dissolution, the assets of the association represented by the contributing trust fund shall be deposited with
the commissioner for a period of twenty-one years, to be
made available for claims arising during that period based
upon occurrences during the term of coverage. At the time of
transfer of the funds, the association shall certify to the commissioner a list of all current subscribers, with their correct
mailing addresses, and shall have notified all current subscribers of their obligation to keep the commissioner
informed of any changes in their mailing addresses over the
twenty-one year period, and that this obligation extends to
their representatives, successors, assigns, and to the representatives of their estates. Upon dissolution, the association is
required to provide to the commissioner a list of all plan subscribers during all of the years of operation of the plan.
At the end of the twenty-one year period, any funds
remaining in the trust account must be distributed to those
subscribers who were current subscribers in the most recent
year of operation of the plan, with each current subscriber
receiving an equal share of the distribution, without regard
for the length of time each child day care center was a subscriber.
In the alternative, in the discretion of the association, the
balance of the contributing trust fund may be used to purchase similar or more liberal coverage from a commercial
48.90.140
[Title 48 RCW—page 437]
48.90.150
Title 48 RCW: Insurance
insurer. Each subscriber shall, however, be given the option
to deposit its share of the fund with the commissioner as provided in this section if it elects not to participate in the proposed commercial insurance. [2003 c 248 § 24; 1986 c 142 §
14.]
48.90.150 Recovery limits. No person with a claim
covered by a plan established pursuant to this chapter shall be
entitled to recover from the plan any amount in excess of the
limits of coverage provided for in the plan. [1986 c 142 §
15.]
48.90.150
48.90.160 Suspension of plan—Reconsideration. The
commissioner may disapprove, and require suspension of a
plan for failure of the association to comply with any provision of this chapter, for gross mismanagement, or for wilful
disregard and neglect of its fiduciary duty. The association
shall have the right to request reconsideration of the commissioner’s decision within fifteen days of the receipt of the
commissioner’s written notification of the decision, or to
request a hearing according to chapter 48.04 RCW. [1986 c
142 § 16.]
48.90.160
48.90.170 Costs of investigation or review of plan.
All reasonable costs of any investigation or review by the
commissioner of an association’s plan of organization and
operation, or any changes or modifications thereof, including
the dissolution of a plan, shall be paid by the association
before issuance of any approval required under this chapter.
[1986 c 142 § 17.]
48.90.170
Chapter 48.92
Chapter 48.92 RCW
LIABILITY RISK RETENTION
Sections
48.92.010
48.92.020
48.92.030
48.92.040
48.92.050
48.92.060
48.92.070
48.92.080
48.92.090
48.92.095
48.92.100
48.92.110
48.92.120
48.92.130
48.92.140
Purpose.
Definitions.
Requirements for chartering.
Required acts—Prohibited practices.
Insolvency guaranty fund, participation prohibited—Joint
underwriting associations, participation required.
Countersigning not required.
Purchasing groups—Exempt from certain laws.
Purchasing groups—Notice and registration.
Purchasing groups—Dealing with foreign insurers—Deductible or self-insured retention—Aggregate limits.
Premium taxes—Imposition—Obligations—Member’s liability.
Authority of commissioner.
Penalties.
Agents, brokers, solicitors—License required.
Federal injunctions.
Rules.
48.92.010 Purpose. The purpose of this chapter is to
regulate the formation and operation of risk retention groups
and purchasing groups in this state formed pursuant to the
provisions of the federal Liability Risk Retention Act of
1986. [1993 c 462 § 91; 1987 c 306 § 1.]
48.92.010
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
48.92.020
[Title 48 RCW—page 438]
(1) "Commissioner" means the insurance commissioner
of Washington state or the commissioner, director, or superintendent of insurance in any other state.
(2) "Completed operations liability" means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:
(a) Any person who performs that work; or
(b) Any person who hires an independent contractor to
perform that work; but shall include liability for activities
which are completed or abandoned before the date of the
occurrence giving rise to the liability.
(3) "Domicile," for purposes of determining the state in
which a purchasing group is domiciled, means:
(a) For a corporation, the state in which the purchasing
group is incorporated; and
(b) For an unincorporated entity, the state of its principal
place of business.
(4) "Hazardous financial condition" means that, based on
its present or reasonably anticipated financial condition, a
risk retention group, although not yet financially impaired or
insolvent, is unlikely to be able:
(a) To meet obligations to policyholders with respect to
known claims and reasonably anticipated claims; or
(b) To pay other obligations in the normal course of business.
(5) "Insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other
arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state.
(6) "Liability" means legal liability for damages including costs of defense, legal costs and fees, and other claims
expenses because of injuries to other persons, damage to their
property, or other damage or loss to such other persons resulting from or arising out of:
(a) Any business, whether profit or nonprofit, trade,
product, services, including professional services, premises,
or operations; or
(b) Any activity of any state or local government, or any
agency or political subdivision thereof.
"Liability" does not include personal risk liability and an
employer’s liability with respect to its employees other than
legal liability under the federal Employers’ Liability Act 45
U.S.C. 51 et seq.
(7) "Personal risk liability" means liability for damages
because of injury to any person, damage to property, or other
loss or damage resulting from any personal, familial, or
household responsibilities or activities, rather than from
responsibilities or activities referred to in subsection (6) of
this section.
(8) "Plan of operation or a feasibility study" means an
analysis which presents the expected activities and results of
a risk retention group including, at a minimum:
(a) Information sufficient to verify that its members are
engaged in businesses or activities similar or related with
respect to the liability to which the members are exposed by
virtue of any related, similar, or common business, trade,
product, services, premises, or operations;
(b) For each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to
offer;
(2008 Ed.)
Liability Risk Retention
(c) Historical and expected loss experience of the proposed members and national experience of similar exposures;
(d) Pro forma financial statements and projections;
(e) Appropriate opinions by a qualified, independent,
casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;
(f) Identification of management, underwriting and
claims procedures, marketing methods, managerial oversight
methods, investment policies, and reinsurance agreements;
(g) Identification of each state in which the risk retention
group has obtained, or sought to obtain, a charter and license,
and a description of its status in each of those states; and
(h) Such other matters as may be prescribed by the commissioner for liability insurance companies authorized by the
insurance laws of the state.
(9) "Product liability" means liability for damages
because of any personal injury, death, emotional harm, consequential economic damage, or property damage including
damages resulting from the loss of use of property arising out
of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include
the liability of any person for those damages if the product
involved was in the possession of such a person when the
incident giving rise to the claim occurred.
(10) "Purchasing group" means any group which:
(a) Has as one of its purposes the purchase of liability
insurance on a group basis;
(b) Purchases the insurance only for its group members
and only to cover their similar or related liability exposure, as
described in (c) of this subsection;
(c) Is composed of members whose businesses or activities are similar or related with respect to the liability to which
members are exposed by virtue of any related, similar, or
common business, trade, product, services, premises, or operations; and
(d) Is domiciled in any state.
(11) "Risk retention group" means any corporation or
other limited liability association:
(a) Whose primary activity consists of assuming and
spreading all, or any portion, of the liability exposure of its
group members;
(b) Which is organized for the primary purpose of conducting the activity described under (a) of this subsection;
(c) Which:
(i) Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance
under the laws of any state; or
(ii) Before January 1, 1985, was chartered or licensed
and authorized to engage in the business of insurance under
the laws of Bermuda or the Cayman Islands and, before such
date, had certified to the insurance commissioner of at least
one state that it satisfied the capitalization requirements of
such state, except that any such group shall be considered to
be a risk retention group only if it has been engaged in business continuously since that date and only for the purpose of
continuing to provide insurance to cover product liability or
completed operations liability as the terms were defined in
the federal Product Liability Risk Retention Act of 1981
before the date of the enactment of the federal Risk Retention
Act of 1986;
(2008 Ed.)
48.92.030
(d) Which does not exclude any person from membership in the group solely to provide for members of such a
group a competitive advantage over such a person;
(e) Which:
(i) Has as its owners only persons who comprise the
membership of the risk retention group and who are provided
insurance by the risk retention group; or
(ii) Has as its sole owner an organization that has:
(A) As its members only persons who comprise the
membership of the risk retention group; and
(B) As its owners only persons who comprise the membership of the risk retention group and who are provided
insurance by the group;
(f) Whose members are engaged in businesses or activities similar or related with respect to the liability of which
such members are exposed by virtue of any related, similar,
or common business trade, product, services, premises, or
operations;
(g) Whose activities do not include the provision of
insurance other than:
(i) Liability insurance for assuming and spreading all or
any portion of the liability of its group members; and
(ii) Reinsurance with respect to the liability of any other
risk retention group or any members of such other group
which is engaged in businesses or activities so that the group
or member meets the requirement described in (f) of this subsection from membership in the risk retention group which
provides such reinsurance; and
(h) The name of which includes the phrase "risk retention group."
(12) "State" means any state of the United States or the
District of Columbia. [1993 c 462 § 92; 1987 c 306 § 2.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.030 Requirements for chartering. (1) A risk
retention group seeking to be chartered in this state must be
chartered and licensed as a liability insurance company
authorized by the insurance laws of this state and, except as
provided elsewhere in this chapter, must comply with all of
the laws, rules, regulations, and requirements applicable to
the insurers chartered and licensed in this state and with
RCW 48.92.040 to the extent the requirements are not a limitation on laws, rules, regulations, or requirements of this
state.
(2) A risk retention group chartered in this state shall file
with the department and the National Association of Insurance Commissioners an annual statement in a form prescribed by the National Association of Insurance Commissioners, and in electronic form if required by the commissioner, and completed in accordance with its instructions and
the National Association of Insurance Commissioners
accounting practices and procedures manual.
(3) Before it may offer insurance in any state, each
domestic risk retention group shall also submit for approval
to the insurance commissioner of this state a plan of operation
or a feasibility study. The risk retention group shall submit an
appropriate revision in the event of a subsequent material
change in an item of the plan of operation or feasibility study,
within ten days of the change. The group may not offer any
additional kinds of liability insurance, in this state or in any
48.92.030
[Title 48 RCW—page 439]
48.92.040
Title 48 RCW: Insurance
other state, until a revision of the plan or study is approved by
the commissioner.
(4) At the time of filing its application for charter, the
risk retention group shall provide to the commissioner in
summary form the following information: The identity of the
initial members of the group; the identify of those individuals
who organized the group or who will provide administrative
services or otherwise influence or control the activities of the
group; the amount and nature of the initial capitalization; the
coverages to be afforded; and the states in which the group
intends to operate. Upon receipt of this information, the commissioner shall forward the information to the National Association of Insurance Commissioners. Providing notification
to the National Association of Insurance Commissioners is in
addition to and is not sufficient to satisfy the requirements of
RCW 48.92.040 or this chapter. [1993 c 462 § 93; 1987 c 306
§ 3.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.040 Required acts—Prohibited practices.
(Effective until July 1, 2009.) Risk retention groups chartered and licensed in states other than this state and seeking to
do business as a risk retention group in this state shall comply
with the laws of this state as follows:
(1) Before offering insurance in this state, a risk retention
group shall submit to the commissioner on a form prescribed
by the National Association of Insurance Commissioners:
(a) A statement identifying the state or states in which
the risk retention group is chartered and licensed as a liability
insurance company, date of chartering, its principal place of
business, and any other information including information on
its membership, as the commissioner of this state may require
to verify that the risk retention group is qualified under RCW
48.92.020(11);
(b) A copy of its plan of operations or a feasibility study
and revisions of the plan or study submitted to its state of
domicile: PROVIDED, HOWEVER, That the provision
relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which: (i) Was defined in the federal Product Liability Risk Retention Act of 1981 before
October 27, 1986; and (ii) was offered before that date by any
risk retention group which had been chartered and operating
for not less than three years before that date;
(c) The risk retention group shall submit a copy of any
revision to its plan of operation or feasibility study required
under RCW 48.92.030(3) at the same time that the revision is
submitted to the commissioner of its chartering state; and
(d) A statement of registration which designates the
commissioner as its agent for the purpose of receiving service
of legal documents or process.
(2) Any risk retention group doing business in this state
shall submit to the commissioner:
(a) A copy of the group’s financial statement submitted
to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion
on loss and loss adjustment expense reserves made by a
member of the American academy of actuaries or a qualified
loss reserve specialist under criteria established by the
National Association of Insurance Commissioners;
48.92.040
[Title 48 RCW—page 440]
(b) A copy of each examination of the risk retention
group as certified by the commissioner or public official conducting the examination;
(c) Upon request by the commissioner, a copy of any
information or document pertaining to an outside audit performed with respect to the risk retention group; and
(d) Any information as may be required to verify its continuing qualification as a risk retention group under RCW
48.92.020(11).
(3)(a) A risk retention group is liable for the payment of
premium taxes and taxes on premiums of direct business for
risks resident or located within this state, and shall report on
or before March 1st of each year to the commissioner the
direct premiums written for risks resident or located within
this state. The risk retention group is subject to taxation, and
applicable fines and penalties related thereto, on the same
basis as a foreign admitted insurer.
(b) To the extent agents or brokers are utilized under
RCW 48.92.120 or otherwise, they shall report to the commissioner the premiums for direct business for risks resident
or located within this state that the licensees have placed with
or on behalf of a risk retention group not chartered in this
state.
(c) To the extent agents or brokers are used under RCW
48.92.120 or otherwise, an agent or broker shall keep a complete and separate record of all policies procured from each
risk retention group. The record is open to examination by the
commissioner, as provided in chapter 48.03 RCW. These
records must include, for each policy and each kind of insurance provided thereunder, the following:
(i) The limit of liability;
(ii) The time period covered;
(iii) The effective date;
(iv) The name of the risk retention group that issued the
policy;
(v) The gross premium charged; and
(vi) The amount of return premiums, if any.
(4) Any risk retention group, its agents and representatives, shall be subject to any and all unfair claims settlement practices statutes and regulations specifically denominated by the commissioner as unfair claims settlement practices regulations.
(5) Any risk retention group, its agents and representatives, shall be subject to the provisions of chapter 48.30 RCW
pertaining to deceptive, false, or fraudulent acts or practices.
However, if the commissioner seeks an injunction regarding
such conduct, the injunction must be obtained from a court of
competent jurisdiction.
(6) Any risk retention group must submit to an examination by the commissioner to determine its financial condition
if the commissioner of the jurisdiction in which the group is
chartered has not initiated an examination or does not initiate
an examination within sixty days after a request by the commissioner of this state. The examination shall be coordinated
to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the National Association of Insurance Commissioners’ examiner handbook.
(7) Every application form for insurance from a risk
retention group and every policy issued by a risk retention
group shall contain in ten-point type on the front page and the
declaration page, the following notice:
(2008 Ed.)
Liability Risk Retention
NOTICE
This policy is issued by your risk retention group.
Your risk retention group may not be subject to all
of the insurance laws and regulations of your state.
State insurance insolvency guaranty funds are not
available for your risk retention group.
(8) The following acts by a risk retention group are
hereby prohibited:
(a) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership
in that group; and
(b) The solicitation or sale of insurance by, or operation
of, a risk retention group that is in a hazardous financial condition or is financially impaired.
(9) No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of the risk retention group, other
than in the case of a risk retention group all of whose members are insurance companies.
(10) The terms of an insurance policy issued by a risk
retention group may not provide, or be construed to provide,
coverage prohibited generally by statute of this state or
declared unlawful by the highest court of this state.
(11) A risk retention group not chartered in this state and
doing business in this state shall comply with a lawful order
issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance commissioner if there has been a finding of financial impairment
after an examination under subsection (6) of this section.
[1993 c 462 § 94; 1987 c 306 § 4.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.040 Required acts—Prohibited practices.
(Effective July 1, 2009.) Risk retention groups chartered and
licensed in states other than this state and seeking to do business as a risk retention group in this state shall comply with
the laws of this state as follows:
(1) Before offering insurance in this state, a risk retention
group shall submit to the commissioner on a form prescribed
by the National Association of Insurance Commissioners:
(a) A statement identifying the state or states in which
the risk retention group is chartered and licensed as a liability
insurance company, date of chartering, its principal place of
business, and any other information including information on
its membership, as the commissioner of this state may require
to verify that the risk retention group is qualified under RCW
48.92.020(11);
(b) A copy of its plan of operations or a feasibility study
and revisions of the plan or study submitted to its state of
domicile: PROVIDED, HOWEVER, That the provision
relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which: (i) Was defined in the federal Product Liability Risk Retention Act of 1981 before
October 27, 1986; and (ii) was offered before that date by any
risk retention group which had been chartered and operating
for not less than three years before that date;
(c) The risk retention group shall submit a copy of any
revision to its plan of operation or feasibility study required
48.92.040
(2008 Ed.)
48.92.040
under RCW 48.92.030(3) at the same time that the revision is
submitted to the commissioner of its chartering state; and
(d) A statement of registration which designates the
commissioner as its agent for the purpose of receiving service
of legal documents or process.
(2) Any risk retention group doing business in this state
shall submit to the commissioner:
(a) A copy of the group’s financial statement submitted
to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion
on loss and loss adjustment expense reserves made by a
member of the American academy of actuaries or a qualified
loss reserve specialist under criteria established by the
National Association of Insurance Commissioners;
(b) A copy of each examination of the risk retention
group as certified by the commissioner or public official conducting the examination;
(c) Upon request by the commissioner, a copy of any
information or document pertaining to an outside audit performed with respect to the risk retention group; and
(d) Any information as may be required to verify its continuing qualification as a risk retention group under RCW
48.92.020(11).
(3)(a) A risk retention group is liable for the payment of
premium taxes and taxes on premiums of direct business for
risks resident or located within this state, and shall report on
or before March 1st of each year to the commissioner the
direct premiums written for risks resident or located within
this state. The risk retention group is subject to taxation, and
applicable fines and penalties related thereto, on the same
basis as a foreign admitted insurer.
(b) To the extent insurance producers are utilized under
RCW 48.92.120 or otherwise, they shall report to the commissioner the premiums for direct business for risks resident
or located within this state that the licensees have placed with
or on behalf of a risk retention group not chartered in this
state.
(c) To the extent insurance producers are used under
RCW 48.92.120 or otherwise, an insurance producer shall
keep a complete and separate record of all policies procured
from each risk retention group. The record is open to examination by the commissioner, as provided in chapter 48.03
RCW. These records must include, for each policy and each
kind of insurance provided thereunder, the following:
(i) The limit of liability;
(ii) The time period covered;
(iii) The effective date;
(iv) The name of the risk retention group that issued the
policy;
(v) The gross premium charged; and
(vi) The amount of return premiums, if any.
(4) Any risk retention group, its appointed insurance producers and representatives, shall be subject to any and all
unfair claims settlement practices statutes and regulations
specifically denominated by the commissioner as unfair
claims settlement practices regulations.
(5) Any risk retention group, its appointed insurance producers and representatives, shall be subject to the provisions
of chapter 48.30 RCW pertaining to deceptive, false, or
fraudulent acts or practices. However, if the commissioner
[Title 48 RCW—page 441]
48.92.050
Title 48 RCW: Insurance
seeks an injunction regarding such conduct, the injunction
must be obtained from a court of competent jurisdiction.
(6) Any risk retention group must submit to an examination by the commissioner to determine its financial condition
if the commissioner of the jurisdiction in which the group is
chartered has not initiated an examination or does not initiate
an examination within sixty days after a request by the commissioner of this state. The examination shall be coordinated
to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the National Association of Insurance Commissioners’ examiner handbook.
(7) Every application form for insurance from a risk
retention group and every policy issued by a risk retention
group shall contain in ten-point type on the front page and the
declaration page, the following notice:
NOTICE
This policy is issued by your risk retention group.
Your risk retention group may not be subject to all
of the insurance laws and regulations of your state.
State insurance insolvency guaranty funds are not
available for your risk retention group.
(8) The following acts by a risk retention group are
hereby prohibited:
(a) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership
in that group; and
(b) The solicitation or sale of insurance by, or operation
of, a risk retention group that is in a hazardous financial condition or is financially impaired.
(9) No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of the risk retention group, other
than in the case of a risk retention group all of whose members are insurance companies.
(10) The terms of an insurance policy issued by a risk
retention group may not provide, or be construed to provide,
coverage prohibited generally by statute of this state or
declared unlawful by the highest court of this state.
(11) A risk retention group not chartered in this state and
doing business in this state shall comply with a lawful order
issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance commissioner if there has been a finding of financial impairment
after an examination under subsection (6) of this section.
[2008 c 217 § 69; 1993 c 462 § 94; 1987 c 306 § 4.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
(2) A risk retention group shall participate in this state’s
joint underwriting associations and mandatory liability pools
or plans required by the commissioners.
(3) When a purchasing group obtains insurance covering
its members’ risks from an insurer not authorized in this state
or a risk retention group, no such risks, wherever resident or
located, are covered by an insurance guaranty fund or similar
mechanism in this state.
(4) When a purchasing group obtains insurance covering
its members’ risks from an authorized insurer, only risks resident or located in this state are covered by the state guaranty
fund established in chapter 48.32 RCW. [1993 c 462 § 95;
1987 c 306 § 5.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.060 Countersigning not required. A policy of
insurance issued to a risk retention group or any member of
that group shall not be required to be countersigned. [1987 c
306 § 6.]
48.92.060
48.92.070 Purchasing groups—Exempt from certain
laws. A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to
liability insurance for the purchasing group, from any law
that:
(1) Prohibits the establishment of a purchasing group;
(2) Makes it unlawful for an insurer to provide or offer to
provide insurance on a basis providing, to a purchasing group
or its members, advantages based on their loss and expense
experience not afforded to other persons with respect to rates,
policy forms, coverages, or other matters;
(3) Prohibits a purchasing group or its members from
purchasing insurance on a group basis described in subsection (2) of this section;
(4) Prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member
has not belonged to the group for a minimum period of time;
(5) Requires that a purchasing group must have a minimum number of members, common ownership or affiliation,
or certain legal form;
(6) Requires that a certain percentage of a purchasing
group must obtain insurance on a group basis;
(7) Otherwise discriminates against a purchasing group
or any of its members. [1993 c 462 § 96; 1987 c 306 § 7.]
48.92.070
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.080 Purchasing groups—Notice and registration. (1) A purchasing group which intends to do business in
this state shall furnish, before doing business, notice to the
commissioner, on forms prescribed by the National Association of Insurance Commissioners which shall:
(a) Identify the state in which the group is domiciled;
(b) Identify all other states in which the group intends to
do business;
(c) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
48.92.080
48.92.050 Insolvency guaranty fund, participation
prohibited—Joint underwriting associations, participation required. (1) No risk retention group shall be permitted
to join or contribute financially to any insurance insolvency
guaranty fund, or similar mechanism, in this state, nor shall
any risk retention group, or its insureds or claimants against
its insureds, receive any benefit from any such fund for
claims arising under the insurance policies issued by a risk
retention group.
48.92.050
[Title 48 RCW—page 442]
(2008 Ed.)
Liability Risk Retention
(d) Identify the insurance company or companies from
which the group intends to purchase its insurance and the
domicile of that company or companies;
(e) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its
members whose risks are resident or located in this state;
(f) Identify the principal place of business of the group;
and
(g) Provide any other information as may be required by
the commissioner to verify that the purchasing group is qualified under RCW 48.92.020(10).
(2) A purchasing group shall, within ten days, notify the
commissioner of any changes in any of the items set forth in
subsection (1) of this section.
(3) The purchasing group shall register with and designate the commissioner as its agent solely for the purpose of
receiving service of legal documents or process, except that
this requirement shall not apply in the case of a purchasing
group that only purchases insurance that was authorized
under the federal Product Liability Risk Retention Act of
1981 and:
(a) Which in any state of the United States:
(i) Was domiciled before April 1, 1986; and
(ii) Is domiciled on and after October 27, 1986;
(b) Which:
(i) Before October 27, 1986, purchased insurance from
an insurance carrier licensed in any state;
(ii) Since October 27, 1986, purchased its insurance from
an insurance carrier licensed in any state; or
(c) Which was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of
1981 before October 27, 1986.
(4) A purchasing group that is required to give notice
under subsection (1) of this section shall also furnish such
information as may be required by the commissioner to:
(a) Verify that the entity qualifies as a purchasing group;
(b) Determine where the purchasing group is located;
and
(c) Determine appropriate tax treatment. [1993 c 462 §
97; 1987 c 306 § 8.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.090 Purchasing groups—Dealing with foreign
insurers—Deductible or self-insured retention—Aggregate limits. (Effective until July 1, 2009.) (1) A purchasing
group may not purchase insurance from a risk retention group
that is not chartered in a state or from an insurer not admitted
in the state in which the purchasing group is located, unless
the purchase is effected through a licensed agent or broker
acting pursuant to the surplus lines laws and regulations of
that state.
(2) A purchasing group that obtains liability insurance
from an insurer not admitted in this state or a risk retention
group shall inform each of the members of the group that
have a risk resident or located in this state that the risk is not
protected by an insurance insolvency guaranty fund in this
state, and that the risk retention group or insurer may not be
subject to all insurance laws and rules of this state.
(3) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to
48.92.090
(2008 Ed.)
48.92.095
the group as a whole; however, coverage may provide for a
deductible or self-insured retention applicable to individual
members.
(4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits that are
applicable to all purchases of group insurance. [1993 c 462 §
98; 1987 c 306 § 9.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.090 Purchasing groups—Dealing with foreign
insurers—Deductible or self-insured retention—Aggregate limits. (Effective July 1, 2009.) (1) A purchasing group
may not purchase insurance from a risk retention group that
is not chartered in a state or from an insurer not admitted in
the state in which the purchasing group is located, unless the
purchase is effected through a licensed insurance producer
acting pursuant to the surplus lines laws and regulations of
that state.
(2) A purchasing group that obtains liability insurance
from an insurer not admitted in this state or a risk retention
group shall inform each of the members of the group that
have a risk resident or located in this state that the risk is not
protected by an insurance insolvency guaranty fund in this
state, and that the risk retention group or insurer may not be
subject to all insurance laws and rules of this state.
(3) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to
the group as a whole; however, coverage may provide for a
deductible or self-insured retention applicable to individual
members.
(4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits that are
applicable to all purchases of group insurance. [2008 c 217 §
70; 1993 c 462 § 98; 1987 c 306 § 9.]
48.92.090
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.095 Premium taxes—Imposition—Obligations—Member’s liability. (Effective until July 1, 2009.)
Premium taxes and taxes on premiums paid for coverage of
risks resident or located in this state by a purchasing group or
any members of the purchasing groups must be:
(1) Imposed at the same rate and subject to the same
interest, fines, and penalties as those applicable to premium
taxes and taxes on premiums paid for similar coverage from
authorized insurers, as defined under chapter 48.05 RCW, or
unauthorized insurers, as defined and provided for under
chapter 48.15 RCW, by other insurers; and
(2) The obligation of the insurer; and if not paid by the
insurer, then the obligation of the purchasing group; and if
not paid by the purchasing group, then the obligation of the
agent or broker for the purchasing group; and if not paid by
the agent or broker for the purchasing group, then the obligation of each of the purchasing group’s members. The liability
of each member of the purchasing group is several, not joint,
and is limited to the tax due in relation to the premiums paid
by that member. [1993 c 462 § 99.]
48.92.095
[Title 48 RCW—page 443]
48.92.095
Title 48 RCW: Insurance
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.095 Premium taxes—Imposition—Obligations—Member’s liability. (Effective July 1, 2009.) Premium taxes and taxes on premiums paid for coverage of risks
resident or located in this state by a purchasing group or any
members of the purchasing groups must be:
(1) Imposed at the same rate and subject to the same
interest, fines, and penalties as those applicable to premium
taxes and taxes on premiums paid for similar coverage from
authorized insurers, as defined under chapter 48.05 RCW, or
unauthorized insurers, as defined and provided for under
chapter 48.15 RCW, by other insurers; and
(2) The obligation of the insurer; and if not paid by the
insurer, then the obligation of the purchasing group; and if
not paid by the purchasing group, then the obligation of the
insurance producer for the purchasing group; and if not paid
by the insurance producer for the purchasing group, then the
obligation of each of the purchasing group’s members. The
liability of each member of the purchasing group is several,
not joint, and is limited to the tax due in relation to the premiums paid by that member. [2008 c 217 § 71; 1993 c 462 §
99.]
48.92.095
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.100 Authority of commissioner. The commissioner is authorized to make use of any of the powers established under Title 48 RCW to enforce the laws of this state so
long as those powers are not specifically preempted by the
federal Product Liability Risk Retention Act of 1981, as
amended by the federal Risk Retention Amendments of 1986.
This includes, but is not limited to, the commissioner’s
administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties,
and seek injunctive relief. With regard to any investigation,
administrative proceedings, or litigation, the commissioner
can rely on the procedural law and regulations of the state.
The injunctive authority of the commissioner in regard to risk
retention groups is restricted by the requirement that any
injunction be issued by a court of competent jurisdiction.
[1993 c 462 § 100; 1987 c 306 § 10.]
48.92.100
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.110 Penalties. A risk retention group which violates any provision of this chapter shall be subject to fines and
penalties applicable to licensed insurers generally, including
revocation of its license and/or the right to do business in this
state. [1987 c 306 § 11.]
48.92.110
48.92.120 Agents, brokers, solicitors—License
required. (Effective until July 1, 2009.) (1) A person may
not act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention
group unless the person is licensed as an insurance *agent or
broker for casualty insurance in accordance with chapter
48.92.120
[Title 48 RCW—page 444]
48.17 RCW and pays the fees designated for the license
under RCW 48.14.010.
(2)(a) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state
for a purchasing group from an authorized insurer or a risk
retention group chartered in a state unless the person is
licensed as an insurance *agent or broker for casualty insurance in accordance with chapter 48.17 RCW and pays the
fees designated for the license under RCW 48.14.010.
(b) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in
this state for a member of a purchasing group under a purchasing group’s policy unless the person is licensed as an
insurance *agent or broker for casualty insurance in accordance with chapter 48.17 RCW and pays the fees designated
for the license under RCW 48.14.010.
(c) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an
insurer not authorized to do business in this state on behalf of
a purchasing group located in this state unless the person is
licensed as a surplus lines [line] broker in accordance with
chapter 48.15 RCW and pays the fees designated for the
license under RCW 48.14.010.
(3) For purposes of acting as an agent or broker for a risk
retention group or purchasing group under subsections (1)
and (2) of this section, the requirement of residence in this
state does not apply.
(4) Every person licensed under chapters 48.15 and
48.17 RCW, on business placed with risk retention groups or
written through a purchasing group, must inform each prospective insured of the provisions of the notice required
under RCW 48.92.040(7) in the case of a risk retention group
and RCW 48.92.090(2) in the case of a purchasing group.
[2005 c 223 § 31; 1993 c 462 § 101; 1987 c 306 § 12.]
*Reviser’s note: 2007 c 117 replaced the terms "agent" and "broker"
with the term "producer," effective July 1, 2009.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.120 Soliciting, negotiating, or procuring liability insurance—License required. (Effective July 1, 2009.)
(1) A person may not act or aid in any manner in soliciting,
negotiating, or procuring liability insurance in this state from
a risk retention group unless the person is licensed as an
insurance producer for casualty insurance in accordance with
chapter 48.17 RCW and pays the fees designated for the
license under RCW 48.14.010.
(2)(a) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state
for a purchasing group from an authorized insurer or a risk
retention group chartered in a state unless the person is
licensed as an insurance producer for casualty insurance in
accordance with chapter 48.17 RCW and pays the fees designated for the license under RCW 48.14.010.
(b) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in
this state for a member of a purchasing group under a purchasing group’s policy unless the person is licensed as an
insurance producer for casualty insurance in accordance with
chapter 48.17 RCW and pays the fees designated for the
license under RCW 48.14.010.
48.92.120
(2008 Ed.)
Reinsurance Intermediary Act
(c) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an
insurer not authorized to do business in this state on behalf of
a purchasing group located in this state unless the person is
licensed as a surplus line broker in accordance with chapter
48.15 RCW and pays the fees designated for the license
under RCW 48.14.010.
(3) For purposes of acting as an insurance producer for a
risk retention group or purchasing group under subsections
(1) and (2) of this section, the requirement of residence in this
state does not apply.
(4) Every person licensed under chapters 48.15 and
48.17 RCW, on business placed with risk retention groups or
written through a purchasing group, must inform each prospective insured of the provisions of the notice required
under RCW 48.92.040(7) in the case of a risk retention group
and RCW 48.92.090(2) in the case of a purchasing group.
[2008 c 217 § 72; 2005 c 223 § 31; 1993 c 462 § 101; 1987 c
306 § 12.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.130 Federal injunctions. An order issued by any
district court of the United States enjoining a risk retention
group from soliciting or selling insurance, or operating, in
any state or in all states or in any territory or possession of the
United States, upon a finding that the group is in a hazardous
financial or financially impaired condition, shall be enforceable in the courts of the state. [1993 c 462 § 102; 1987 c 306
§ 13.]
48.92.130
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.140 Rules. The commissioner may establish and
from time to time amend the rules relating to risk retention or
purchasing groups as may be necessary or desirable to carry
out the provisions of this chapter. [1993 c 462 § 103; 1987 c
306 § 14.]
48.92.140
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.94
Chapter 48.94 RCW
REINSURANCE INTERMEDIARY ACT
Sections
48.94.005
48.94.010
48.94.015
48.94.020
48.94.025
48.94.030
48.94.035
48.94.040
48.94.045
48.94.050
(2008 Ed.)
Definitions.
Acting as a reinsurance intermediary-broker or reinsurance
intermediary-manager—Commissioner’s powers—
Licenses—Attorney exemption.
Written authorization required between a reinsurance intermediary-broker and an insurer—Minimum provisions.
Accounts and records maintained by reinsurance intermediary-broker—Access by insurer.
Restrictions on insurer—Obtaining services—Employees—
Financial condition of reinsurance intermediary.
Contract required between a reinsurance intermediary-manager and a reinsurer—Minimum provisions.
Restrictions on reinsurance intermediary-manager—Retrocessions—Syndicates—Licenses—Employees.
Restrictions on reinsurer—Financial condition of reinsurance
intermediary-manager—Loss reserves—Retrocessions—
Termination of contract—Board of directors.
Examination by commissioner.
Violations of chapter—Penalties—Judicial review.
48.94.055
48.94.900
48.94.901
48.94.005
Rule making.
Short title.
Severability—Implementation—1993 c 462.
48.94.005 Definitions. (Effective until July 1, 2009.)
The definitions set forth in this section apply throughout this
chapter:
(1) "Actuary" means a person who is a member in good
standing of the American Academy of Actuaries.
(2) "Controlling person" means a person, firm, association, or corporation who directly or indirectly has the power
to direct or cause to be directed, the management, control, or
activities of the reinsurance intermediary.
(3) "Insurer" means insurer as defined in RCW
48.01.050.
(4) "Licensed producer" means an agent, broker, or reinsurance intermediary licensed under the applicable provisions of this title.
(5) "Reinsurance intermediary" means a reinsurance
intermediary-broker or a reinsurance intermediary-manager
as these terms are defined in subsections (6) and (7) of this
section.
(6) "Reinsurance intermediary-broker" means a person,
other than an officer or employee of the ceding insurer, firm,
association, or corporation who solicits, negotiates, or places
reinsurance cessions or retrocessions on behalf of a ceding
insurer without the authority or power to bind reinsurance on
behalf of the insurer.
(7) "Reinsurance intermediary-manager" means a person, firm, association, or corporation who has authority to
bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate
division, department, or underwriting office, and acts as an
agent for the reinsurer whether known as a reinsurance
intermediary-manager, manager, or other similar term. Notwithstanding this subsection, the following persons are not
considered a reinsurance intermediary-manager, with respect
to such reinsurer, for the purposes of this chapter:
(a) An employee of the reinsurer;
(b) A United States manager of the United States branch
of an alien reinsurer;
(c) An underwriting manager who, pursuant to contract,
manages all the reinsurance operations of the reinsurer, is
under common control with the reinsurer, subject to the
insurer holding company act, chapter 48.31B RCW, and
whose compensation is not based on the volume of premiums
written;
(d) The manager of a group, association, pool, or organization of insurers that engages in joint underwriting or joint
reinsurance and that are subject to examination by the insurance commissioner of the state in which the manager’s principal business office is located.
(8) "Reinsurer" means a person, firm, association, or corporation licensed in this state under this title as an insurer
with the authority to assume reinsurance.
(9) "To be in violation" means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with this
chapter.
(10) "Qualified United States financial institution"
means an institution that:
48.94.005
[Title 48 RCW—page 445]
48.94.005
Title 48 RCW: Insurance
(a) Is organized or, in the case of a United States office
of a foreign banking organization, licensed, under the laws of
the United States or any state thereof;
(b) Is regulated, supervised, and examined by United
States federal or state authorities having regulatory authority
over banks and trust companies; and
(c) Has been determined by either the commissioner, or
the securities valuation office of the National Association of
Insurance Commissioners, to meet such standards of financial condition and standing as are considered necessary and
appropriate to regulate the quality of financial institutions
whose letters of credit will be acceptable to the commissioner. [1993 c 462 § 23.]
48.94.005 Definitions. (Effective July 1, 2009.) The
definitions set forth in this section apply throughout this
chapter:
(1) "Actuary" means a person who is a member in good
standing of the American Academy of Actuaries.
(2) "Controlling person" means a person, firm, association, or corporation who directly or indirectly has the power
to direct or cause to be directed, the management, control, or
activities of the reinsurance intermediary.
(3) "Insurer" means insurer as defined in RCW
48.01.050.
(4) "Licensed producer" means an insurance producer or
reinsurance intermediary licensed under the applicable provisions of this title.
(5) "Reinsurance intermediary" means a reinsurance
intermediary-broker or a reinsurance intermediary-manager
as these terms are defined in subsections (6) and (7) of this
section.
(6) "Reinsurance intermediary-broker" means a person,
other than an officer or employee of the ceding insurer, firm,
association, or corporation who solicits, negotiates, or places
reinsurance cessions or retrocessions on behalf of a ceding
insurer without the authority or power to bind reinsurance on
behalf of the insurer.
(7) "Reinsurance intermediary-manager" means a person, firm, association, or corporation who has authority to
bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate
division, department, or underwriting office, and acts as an
insurance producer for the reinsurer whether known as a reinsurance intermediary-manager, manager, or other similar
term. Notwithstanding this subsection, the following persons
are not considered a reinsurance intermediary-manager, with
respect to such reinsurer, for the purposes of this chapter:
(a) An employee of the reinsurer;
(b) A United States manager of the United States branch
of an alien reinsurer;
(c) An underwriting manager who, pursuant to contract,
manages all the reinsurance operations of the reinsurer, is
under common control with the reinsurer, subject to the
insurer holding company act, chapter 48.31B RCW, and
whose compensation is not based on the volume of premiums
written;
(d) The manager of a group, association, pool, or organization of insurers that engages in joint underwriting or joint
reinsurance and that are subject to examination by the insur48.94.005
[Title 48 RCW—page 446]
ance commissioner of the state in which the manager’s principal business office is located.
(8) "Reinsurer" means a person, firm, association, or corporation licensed in this state under this title as an insurer
with the authority to assume reinsurance.
(9) "To be in violation" means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with this
chapter.
(10) "Qualified United States financial institution"
means an institution that:
(a) Is organized or, in the case of a United States office
of a foreign banking organization, licensed, under the laws of
the United States or any state thereof;
(b) Is regulated, supervised, and examined by United
States federal or state authorities having regulatory authority
over banks and trust companies; and
(c) Has been determined by either the commissioner, or
the securities valuation office of the National Association of
Insurance Commissioners, to meet such standards of financial condition and standing as are considered necessary and
appropriate to regulate the quality of financial institutions
whose letters of credit will be acceptable to the commissioner. [2008 c 217 § 73; 1993 c 462 § 23.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.94.010 Acting as a reinsurance intermediarybroker or reinsurance intermediary-manager—Commissioner’s powers—Licenses—Attorney exemption. (1) No
person, firm, association, or corporation may act as a reinsurance intermediary-broker in this state if the person, firm,
association, or corporation maintains an office either directly
or as a member or employee of a firm or association, or an
officer, director, or employee of a corporation:
(a) In this state, unless the person, firm, association, or
corporation is a licensed reinsurance intermediary-broker in
this state; or
(b) In another state, unless the person, firm, association,
or corporation is a licensed reinsurance intermediary-broker
in this state or another state having a regulatory scheme substantially similar to this chapter.
(2) No person, firm, association, or corporation may act
as a reinsurance intermediary-manager:
(a) For a reinsurer domiciled in this state, unless the person, firm, association, or corporation is a licensed reinsurance
intermediary-manager in this state;
(b) In this state, if the person, firm, association, or corporation maintains an office either directly or as a member or
employee of a firm or association, or an officer, director, or
employee of a corporation in this state, unless the person,
firm, association, or corporation is a licensed reinsurance
intermediary-manager in this state;
(c) In another state for a nondomestic reinsurer, unless
the person, firm, association, or corporation is a licensed reinsurance intermediary-manager in this state or another state
having a substantially similar regulatory scheme.
(3) The commissioner may require a reinsurance intermediary-manager subject to subsection (2) of this section to:
48.94.010
(2008 Ed.)
Reinsurance Intermediary Act
(a) File a bond in an amount and from an insurer acceptable to the commissioner for the protection of the reinsurer;
and
(b) Maintain an errors and omissions policy in an amount
acceptable to the commissioner.
(4)(a) The commissioner may issue a reinsurance intermediary license to a person, firm, association, or corporation
who has complied with the requirements of this chapter. Any
such license issued to a firm or association authorizes all the
members of the firm or association and any designated
employees to act as reinsurance intermediaries under the
license, and all such persons may be named in the application
and any supplements to it. Any such license issued to a corporation authorizes all of the officers, and any designated
employees and directors of it, to act as reinsurance intermediaries on behalf of the corporation, and all such persons must
be named in the application and any supplements to it.
(b) If the applicant for a reinsurance intermediary license
is a nonresident, the applicant, as a condition precedent to
receiving or holding a license, shall designate the commissioner as agent for service of process in the manner, and with
the same legal effect, provided for by this title for designation
of service of process upon unauthorized insurers, and also
shall furnish the commissioner with the name and address of
a resident of this state upon whom notices or orders of the
commissioner or process affecting the nonresident reinsurance intermediary may be served. The licensee shall
promptly notify the commissioner in writing of every change
in its designated agent for service of process, but the change
does not become effective until acknowledged by the commissioner.
(5) The commissioner may refuse to issue a reinsurance
intermediary license if, in his or her judgment, the applicant,
anyone named on the application, or a member, principal,
officer, or director of the applicant, is not trustworthy, or that
a controlling person of the applicant is not trustworthy to act
as a reinsurance intermediary, or that any of the foregoing has
given cause for revocation or suspension of the license, or has
failed to comply with a prerequisite for the issuance of such
license. Upon written request, the commissioner will furnish
a summary of the basis for refusal to issue a license, which
document is privileged and not subject to chapter 42.56
RCW.
(6) Licensed attorneys-at-law of this state when acting in
their professional capacity as such are exempt from this section. [2005 c 274 § 317; 1993 c 462 § 24.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.94.015 Written authorization required between a
reinsurance intermediary-broker and an insurer—Minimum provisions. Brokers transactions between a reinsurance intermediary-broker and the insurer it represents in such
capacity may be entered into only under a written authorization, specifying the responsibilities of each party. The authorization must, at a minimum, provide that:
(1) The insurer may terminate the reinsurance intermediary-broker’s authority at any time.
(2) The reinsurance intermediary-broker shall render
accounts to the insurer accurately detailing all material transactions, including information necessary to support all com48.94.015
(2008 Ed.)
48.94.025
missions, charges, and other fees received by, or owing, to
the reinsurance intermediary-broker, and remit all funds due
to the insurer within thirty days of receipt.
(3) All funds collected for the insurer’s account must be
held by the reinsurance intermediary-broker in a fiduciary
capacity in a bank that is a qualified United States financial
institution as defined in this chapter.
(4) The reinsurance intermediary-broker will comply
with RCW 48.94.020.
(5) The reinsurance intermediary-broker will comply
with the written standards established by the insurer for the
cession or retrocession of all risks.
(6) The reinsurance intermediary-broker will disclose to
the insurer any relationship with any reinsurer to which business will be ceded or retroceded. [1993 c 462 § 25.]
48.94.020 Accounts and records maintained by reinsurance intermediary-broker—Access by insurer. (1) For
at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, the
reinsurance intermediary-broker shall keep a complete record
for each transaction showing:
(a) The type of contract, limits, underwriting restrictions,
classes, or risks and territory;
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of
cancellation;
(c) Reporting and settlement requirements of balances;
(d) Rate used to compute the reinsurance premium;
(e) Names and addresses of assuming reinsurers;
(f) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance
intermediary-broker;
(g) Related correspondence and memoranda;
(h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary-broker including the identity of retrocessionaires and percentage of each contract assumed or
ceded;
(j) Financial records, including but not limited to, premium and loss accounts; and
(k) When the reinsurance intermediary-broker procures a
reinsurance contract on behalf of a licensed ceding insurer:
(i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the
risk; or
(ii) If placed through a representative of the assuming
reinsurer, other than an employee, written evidence that the
reinsurer has delegated binding authority to the representative.
(2) The insurer has access and the right to copy and audit
all accounts and records maintained by the reinsurance intermediary-broker related to its business in a form usable by the
insurer. [1993 c 462 § 26.]
48.94.020
48.94.025 Restrictions on insurer—Obtaining services—Employees—Financial condition of reinsurance
intermediary. (1) An insurer may not engage the services of
a person, firm, association, or corporation to act as a reinsur48.94.025
[Title 48 RCW—page 447]
48.94.030
Title 48 RCW: Insurance
ance intermediary-broker on its behalf unless the person is
licensed as required by RCW 48.94.010(1).
(2) An insurer may not employ an individual who is
employed by a reinsurance intermediary-broker with which it
transacts business, unless the reinsurance intermediary-broker is under common control with the insurer and subject to
the insurer holding company act, chapter 48.31B RCW.
(3) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-broker with which it transacts business. [1993 c 462 §
27.]
48.94.030 Contract required between a reinsurance
intermediary-manager and a reinsurer—Minimum provisions. Transactions between a reinsurance intermediarymanager and the reinsurer it represents in such capacity may
be entered into only under a written contract, specifying the
responsibilities of each party, which shall be approved by the
reinsurer’s board of directors. At least thirty days before the
reinsurer assumes or cedes business through the reinsurance
intermediary-manager, a true copy of the approved contract
must be filed with the commissioner for approval. The contract must, at a minimum, provide that:
(1) The reinsurer may terminate the contract for cause
upon written notice to the reinsurance intermediary-manager.
The reinsurer may immediately suspend the authority of the
reinsurance intermediary-manager to assume or cede business during the pendency of a dispute regarding the cause for
termination.
(2) The reinsurance intermediary-manager shall render
accounts to the reinsurer accurately detailing all material
transactions, including information necessary to support all
commissions, charges, and other fees received by, or owing
to, the reinsurance intermediary-manager, and remit all funds
due under the contract to the reinsurer on not less than a
monthly basis.
(3) All funds collected for the reinsurer’s account must
be held by the reinsurance intermediary-manager in a fiduciary capacity in a bank that is a qualified United States
financial institution. The reinsurance intermediary-manager
may retain no more than three months’ estimated claims payments and allocated loss adjustment expenses. The reinsurance intermediary-manager shall maintain a separate bank
account for each reinsurer that it represents.
(4) For at least ten years after expiration of each contract
of reinsurance transacted by the reinsurance intermediarymanager, the reinsurance intermediary-manager shall keep a
complete record for each transaction showing:
(a) The type of contract, limits, underwriting restrictions,
classes, or risks and territory;
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of
cancellation, and disposition of outstanding reserves on covered risks;
(c) Reporting and settlement requirements of balances;
(d) Rate used to compute the reinsurance premium;
(e) Names and addresses of reinsurers;
(f) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance
intermediary-manager;
(g) Related correspondence and memoranda;
48.94.030
[Title 48 RCW—page 448]
(h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary-manager, as permitted by RCW
48.94.040(4), including the identity of retrocessionaires and
percentage of each contract assumed or ceded;
(j) Financial records, including but not limited to, premium and loss accounts; and
(k) When the reinsurance intermediary-manager places a
reinsurance contract on behalf of a ceding insurer:
(i) Directly from an assuming reinsurer, written evidence
that the assuming reinsurer has agreed to assume the risk; or
(ii) If placed through a representative of the assuming
reinsurer, other than an employee, written evidence that the
reinsurer has delegated binding authority to the representative.
(5) The reinsurer has access and the right to copy all
accounts and records maintained by the reinsurance intermediary-manager related to its business in a form usable by the
reinsurer.
(6) The reinsurance intermediary-manager may not
assign the contract in whole or in part.
(7) The reinsurance intermediary-manager shall comply
with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession
of all risks.
(8) The rates, terms, and purposes of commissions,
charges, and other fees that the reinsurance intermediarymanager may levy against the reinsurer are clearly specified.
(9) If the contract permits the reinsurance intermediarymanager to settle claims on behalf of the reinsurer:
(a) All claims will be reported to the reinsurer in a timely
manner;
(b) A copy of the claim file will be sent to the reinsurer
at its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed the lesser of an amount
determined by the commissioner or the limit set by the reinsurer;
(ii) Involves a coverage dispute;
(iii) May exceed the reinsurance intermediary-manager’s
claims settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment of the lesser of an amount set by
the commissioner or an amount set by the reinsurer;
(c) All claim files are the joint property of the reinsurer
and reinsurance intermediary-manager. However, upon an
order of liquidation of the reinsurer, the files become the sole
property of the reinsurer or its estate; the reinsurance intermediary-manager has reasonable access to and the right to copy
the files on a timely basis;
(d) Settlement authority granted to the reinsurance intermediary-manager may be terminated for cause upon the reinsurer’s written notice to the reinsurance intermediary-manager or upon the termination of the contract. The reinsurer
may suspend the settlement authority during the pendency of
a dispute regarding the cause of termination.
(10) If the contract provides for a sharing of interim profits by the reinsurance intermediary-manager, such interim
profits will not be paid until one year after the end of each
underwriting period for property business and five years after
the end of each underwriting period for casualty business, or
a later period set by the commissioner for specified lines of
(2008 Ed.)
Reinsurance Intermediary Act
insurance, and not until the adequacy of reserves on remaining claims has been verified under RCW 48.94.040(3).
(11) The reinsurance intermediary-manager shall annually provide the reinsurer with a statement of its financial
condition prepared by an independent certified accountant.
(12) The reinsurer shall periodically, at least semiannually, conduct an on-site review of the underwriting and
claims processing operations of the reinsurance intermediary-manager.
(13) The reinsurance intermediary-manager shall disclose to the reinsurer any relationship it has with an insurer
before ceding or assuming any business with the insurer
under this contract.
(14) Within the scope of its actual or apparent authority
the acts of the reinsurance intermediary-manager are deemed
to be the acts of the reinsurer on whose behalf it is acting.
[1993 c 462 § 28.]
48.94.035 Restrictions on reinsurance intermediary-manager—Retrocessions—Syndicates—Licenses—
Employees. The reinsurance intermediary-manager may
not:
(1) Cede retrocessions on behalf of the reinsurer, except
that the reinsurance intermediary-manager may cede facultative retrocessions under obligatory automatic agreements if
the contract with the reinsurer contains reinsurance underwriting guidelines for the retrocessions. The guidelines must
include a list of reinsurers with which the automatic agreements are in effect, and for each such reinsurer, the coverages
and amounts or percentages that may be reinsured, and commission schedules.
(2) Commit the reinsurer to participate in reinsurance
syndicates.
(3) Appoint a reinsurance intermediary without assuring
that the reinsurance intermediary is lawfully licensed to
transact the type of reinsurance for which he or she is
appointed.
(4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that
exceeds the lesser of an amount specified by the reinsurer or
one percent of the reinsurer’s policyholder’s surplus as of
December 31st of the last complete calendar year.
(5) Collect a payment from a retrocessionaire or commit
the reinsurer to a claim settlement with a retrocessionaire,
without prior approval of the reinsurer. If prior approval is
given, a report must be promptly forwarded to the reinsurer.
(6) Jointly employ an individual who is employed by the
reinsurer unless the reinsurance intermediary-manager is
under common control with the reinsurer subject to the
insurer holding company act, chapter 48.31B RCW.
(7) Appoint a subreinsurance intermediary-manager.
[1993 c 462 § 29.]
48.94.035
48.94.040 Restrictions on reinsurer—Financial condition of reinsurance intermediary-manager—Loss
reserves—Retrocessions—Termination of contract—
Board of directors. (Effective until July 1, 2009.) (1) A
reinsurer may not engage the services of a person, firm, association, or corporation to act as a reinsurance intermediary48.94.040
(2008 Ed.)
48.94.040
manager on its behalf unless the person is licensed as
required by RCW 48.94.010(2).
(2) The reinsurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-manager that the reinsurer has had prepared by an independent certified accountant in a form acceptable to the commissioner.
(3) If a reinsurance intermediary-manager establishes
loss reserves, the reinsurer shall annually obtain the opinion
of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary-manager. This opinion is in addition to any other required loss reserve certification.
(4) Binding authority for all retrocessional contracts or
participation in reinsurance syndicates must rest with an
officer of the reinsurer who is not affiliated with the reinsurance intermediary-manager.
(5) Within thirty days of termination of a contract with a
reinsurance intermediary-manager, the reinsurer shall provide written notification of the termination to the commissioner.
(6) A reinsurer may not appoint to its board of directors
an officer, director, employee, controlling shareholder, or
subproducer of its reinsurance intermediary-manager. This
subsection does not apply to relationships governed by the
insurer holding company act, chapter 48.31B RCW, or, if
applicable, the broker-controlled property and casualty
insurer act, chapter 48.97 RCW. [1993 c 462 § 30.]
48.94.040 Restrictions on reinsurer—Financial condition of reinsurance intermediary-manager—Loss
reserves—Retrocessions—Termination of contract—
Board of directors. (Effective July 1, 2009.) (1) A reinsurer
may not engage the services of a person, firm, association, or
corporation to act as a reinsurance intermediary-manager on
its behalf unless the person is licensed as required by RCW
48.94.010(2).
(2) The reinsurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-manager that the reinsurer has had prepared by an independent certified accountant in a form acceptable to the commissioner.
(3) If a reinsurance intermediary-manager establishes
loss reserves, the reinsurer shall annually obtain the opinion
of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary-manager. This opinion is in addition to any other required loss reserve certification.
(4) Binding authority for all retrocessional contracts or
participation in reinsurance syndicates must rest with an
officer of the reinsurer who is not affiliated with the reinsurance intermediary-manager.
(5) Within thirty days of termination of a contract with a
reinsurance intermediary-manager, the reinsurer shall provide written notification of the termination to the commissioner.
(6) A reinsurer may not appoint to its board of directors
an officer, director, employee, controlling shareholder, or
subproducer of its reinsurance intermediary-manager. This
48.94.040
[Title 48 RCW—page 449]
48.94.045
Title 48 RCW: Insurance
subsection does not apply to relationships governed by the
insurer holding company act, chapter 48.31B RCW, or, if
applicable, the producer-controlled property and casualty
insurer act, chapter 48.97 RCW. [2008 c 217 § 74; 1993 c
462 § 30.]
48.97.015
48.97.020
48.97.025
Business placed with a controlled insurer—Application of section—Exceptions—Written contract required—Audit committee—Report to commissioner.
Relationship between broker and controlled insurer—Broker’s
duty to disclose—Subbrokers.
Broker’s failure to comply with chapter—Commissioner’s
power—Damages—Penalties.
Short title.
Severability—Implementation—1993 c 462.
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.900
48.97.901
48.94.045 Examination by commissioner. (1) A reinsurance intermediary is subject to examination by the commissioner. The commissioner has access to all books, bank
accounts, and records of the reinsurance intermediary in a
form usable to the commissioner.
(2) A reinsurance intermediary-manager may be examined as if it were the reinsurer. [1993 c 462 § 31.]
48.97.005 Definitions. (Effective until July 1, 2009.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated
and established from time to time by the National Association of Insurance Commissioners.
(2) "Broker" means an insurance broker or brokers or
any other person, firm, association, or corporation, when, for
compensation, commission, or other thing of value, the person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of an
insurance contract on behalf of an insured other than the person, firm, association, or corporation.
(3) "Control" or "controlled by" has the meaning
ascribed in RCW 48.31B.005(2).
(4) "Controlled insurer" means a licensed insurer that is
controlled, directly or indirectly, by a broker.
(5) "Controlling producer" means a broker who, directly
or indirectly, controls an insurer.
(6) "Licensed insurer" or "insurer" means a person, firm,
association, or corporation licensed to transact property and
casualty insurance business in this state. The following,
among others, are not licensed insurers for purposes of this
chapter:
(a) Risk retention groups as defined in the Superfund
Amendments Reauthorization Act of 1986, P.L. 99-499, 100
Stat. 1613 (1986), the Risk Retention Act, 15 U.S.C. Sec.
3901 et seq. (1982 & Supp. 1986), and chapter 48.92 RCW;
(b) Residual market pools and joint underwriting associations; and
(c) Captive insurers. For the purposes of this chapter,
captive insurers are insurance companies owned by another
organization, whose exclusive purpose is to insure risks of
the parent organization and affiliated companies or, in the
case of groups and associations, insurance organizations
owned by the insureds whose exclusive purpose is to insure
risks to member organizations or group members, or both,
and their affiliates. [1993 c 462 § 17.]
48.97.005
48.94.045
48.94.050 Violations of chapter—Penalties—Judicial
review. (1) A reinsurance intermediary, insurer, or reinsurer
found by the commissioner, after a hearing conducted in
accordance with chapters 48.17 and 34.05 RCW, to be in violation of any provision of this chapter, shall:
(a) For each separate violation, pay a penalty in an
amount not exceeding five thousand dollars;
(b) Be subject to revocation or suspension of its license;
and
(c) If a violation was committed by the reinsurance intermediary, make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses
incurred by the insurer or reinsurer attributable to the violation.
(2) The decision, determination, or order of the commissioner under subsection (1) of this section is subject to judicial review under this title and chapter 34.05 RCW.
(3) Nothing contained in this section affects the right of
the commissioner to impose any other penalties provided in
this title.
(4) Nothing contained in this chapter is intended to or in
any manner limits or restricts the rights of policyholders,
claimants, creditors, or other third parties or confer any rights
to those persons. [1993 c 462 § 32.]
48.94.050
48.94.055 Rule making. The commissioner may adopt
reasonable rules for the implementation and administration of
this chapter. [1993 c 462 § 33.]
48.94.055
48.94.900 Short title. This chapter may be known and
cited as the reinsurance intermediary act. [1993 c 462 § 22.]
48.94.900
48.94.901 Severability—Implementation—1993 c
462. See RCW 48.31B.901 and 48.31B.902.
48.94.901
Chapter 48.97 RCW
BROKER-CONTROLLED PROPERTY AND
CASUALTY INSURER ACT [PRODUCERCONTROLLED PROPERTY AND CASUALTY
INSURER ACT, EFFECTIVE JULY 1, 2009]
Chapter 48.97
Sections
48.97.005
48.97.010
Definitions.
Application.
[Title 48 RCW—page 450]
48.97.005 Definitions. (Effective July 1, 2009.) Unless
the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated
and established from time to time by the National Association of Insurance Commissioners.
(2) "Control" or "controlled by" has the meaning
ascribed in RCW 48.31B.005(2).
(3) "Controlled insurer" means a licensed insurer that is
controlled, directly or indirectly, by a broker.
48.97.005
(2008 Ed.)
Broker-Controlled Property and Casualty Insurer Act
(4) "Controlling producer" means a producer who,
directly or indirectly, controls an insurer.
(5) "Licensed insurer" or "insurer" means a person, firm,
association, or corporation licensed to transact property and
casualty insurance business in this state. The following,
among others, are not licensed insurers for purposes of this
chapter:
(a) Risk retention groups as defined in the Superfund
Amendments Reauthorization Act of 1986, P.L. 99-499, 100
Stat. 1613 (1986), the Risk Retention Act, 15 U.S.C. Sec.
3901 et seq. (1982 Supp. 1986), and chapter 48.92 RCW;
(b) Residual market pools and joint underwriting associations; and
(c) Captive insurers. For the purposes of this chapter,
captive insurers are insurance companies owned by another
organization, whose exclusive purpose is to insure risks of
the parent organization and affiliated companies or, in the
case of groups and associations, insurance organizations
owned by the insureds whose exclusive purpose is to insure
risks to member organizations or group members, or both,
and their affiliates.
(6) "Producer" means an insurance broker or brokers or
any other person, firm, association, or corporation when, for
compensation, commission, or other thing of value, the person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of an
insurance contract on behalf of an insured other than the person, firm, association, or corporation. [2008 c 217 § 75; 1993
c 462 § 17.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.010 Application. This chapter applies to licensed
insurers either domiciled in this state or domiciled in a state
that is not an accredited state having in effect a substantially
similar law. All provisions of the Insurer Holding Company
Act, chapter 48.31B RCW, or its successor act, to the extent
they are not superseded by this chapter, continue to apply to
all parties within the holding company systems subject to this
chapter. [1993 c 462 § 18.]
48.97.010
48.97.015 Business placed with a controlled
insurer—Application of section—Exceptions—Written
contract required—Audit committee—Report to commissioner. (Effective until July 1, 2009.) (1)(a) This section
applies in a particular calendar year if in that calendar year
the aggregate amount of gross written premium on business
placed with a controlled insurer by a controlling broker is
equal to or greater than five percent of the admitted assets of
the controlled insurer, as reported in the controlled insurer’s
quarterly statement filed as of September 30th of the prior
year.
(b) Notwithstanding (a) of this subsection, this section
does not apply if:
(i) The controlling producer:
(A) Places insurance only with the controlled insurer; or
only with the controlled insurer and a member or members of
the controlled insurer’s holding company system, or the controlled insurer’s parent, affiliate, or subsidiary and receives
no compensation based upon the amount of premiums written
in connection with the insurance; and
48.97.015
(2008 Ed.)
48.97.015
(B) Accepts insurance placements only from nonaffiliated subbrokers, and not directly from insureds; and
(ii) The controlled insurer, except for business written
through a residual market facility such as the assigned risk
plan, fair plans, or other such plans, accepts insurance business only from a controlling broker, a broker controlled by
the controlled insurer, or a broker that is a subsidiary of the
controlled insurer.
(2) A controlled insurer may not accept business from a
controlling broker and a controlling broker may not place
business with a controlled insurer unless there is a written
contract between the controlling broker and the insurer specifying the responsibilities of each party, which contract has
been approved by the board of directors of the insurer and
contains the following minimum provisions:
(a) The controlled insurer may terminate the contract for
cause, upon written notice to the controlling broker. The controlled insurer shall suspend the authority of the controlling
broker to write business during the pendency of a dispute
regarding the cause for the termination;
(b) The controlling broker shall render accounts to the
controlling insurer detailing all material transactions, including information necessary to support all commissions,
charges, and other fees received by, or owing to, the controlling broker;
(c) The controlling broker shall remit all funds due under
the terms of the contract to the controlling insurer on at least
a monthly basis. The due date must be fixed so that premiums
or installments collected are remitted no later than ninety
days after the effective date of a policy placed with the controlling insurer under this contract;
(d) The controlling broker shall hold all funds collected
for the controlled insurer’s account in a fiduciary capacity, in
one or more appropriately identified bank accounts in banks
that are members of the federal reserve system, in accordance
with the applicable provisions of this title. However, funds of
a controlling broker not required to be licensed in this state
must be maintained in compliance with the requirements of
the controlling broker’s domiciliary jurisdiction;
(e) The controlling broker shall maintain separately
identifiable records of business written for the controlled
insurer;
(f) The contract shall not be assigned in whole or in part
by the controlling broker;
(g) The controlled insurer shall provide the controlling
broker with its underwriting standards, rules, and procedures,
manuals setting forth the rates to be charged, and the conditions for the acceptance or rejection of risks. The controlling
broker shall adhere to the standards, rules, procedures, rates,
and conditions that are the same as those applicable to
comparable business placed with the controlled insurer by a
broker other than the controlling broker;
(h) The rates of the controlling broker’s commissions,
charges, and other fees must be no greater than those applicable to comparable business placed with the controlled insurer
by brokers other than controlling brokers. For purposes of (g)
and (h) of this subsection, examples of comparable business
include the same lines of insurance, same kinds of insurance,
same kinds of risks, similar policy limits, and similar quality
of business;
[Title 48 RCW—page 451]
48.97.015
Title 48 RCW: Insurance
(i) If the contract provides that the controlling broker, on
insurance business placed with the insurer, is to be compensated contingent upon the insurer’s profits on that business,
then the compensation shall not be determined and paid until
at least five years after the premiums on liability insurance
are earned and at least one year after the premiums are earned
on any other insurance. In no event may the commissions be
paid until the adequacy of the controlled insurer’s reserves on
remaining claims has been independently verified under subsection (3) of this section;
(j) The insurer may establish a different limit on the controlling broker’s writings in relation to the controlled
insurer’s surplus and total writings for each line or subline of
business. The controlled insurer shall notify the controlling
broker when the applicable limit is approached and may not
accept business from the controlling broker if the limit is
reached. The controlling broker may not place business with
the controlled insurer if it has been notified by the controlled
insurer that the limit has been reached; and
(k) The controlling broker may negotiate but may not
bind reinsurance on behalf of the controlled insurer on business the controlling broker places with the controlled insurer,
except that the controlling broker may bind facultative reinsurance contracts under obligatory facultative agreements if
the contract with the controlled insurer contains underwriting
guidelines including, for both reinsurance assumed and
ceded, a list of reinsurers with which the automatic agreements are in effect, the coverages and amounts of percentages
that may be reinsured, and commission schedules.
(3) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually meet with management, the insurer’s independent certified public accountants,
and an independent casualty actuary or other independent
loss reserve specialist acceptable to the commissioner to
review the adequacy of the insurer’s loss reserves.
(4)(a) In addition to any other required loss reserve certification, the controlled insurer shall, annually, on April 1st of
each year, file with the commissioner an opinion of an independent casualty actuary, or such other independent loss
reserve specialist acceptable to the commissioner, reporting
loss ratios for each line of business written and attesting to
the adequacy of loss reserves established for losses incurred
and outstanding as of year-end, including losses incurred but
not reported, on business placed by the broker; and
(b) The controlled insurer shall annually report to the
commissioner the amount of commissions paid to the producer, the percentage that amount represents of the net premiums written, and comparable amounts and percentages paid
to noncontrolling brokers for placements of the same kinds of
insurance. [1993 c 462 § 19.]
48.97.015 Business placed with a controlled
insurer—Application of section—Exceptions—Written
contract required—Audit committee—Report to commissioner. (Effective July 1, 2009.) (1)(a) This section
applies in a particular calendar year if in that calendar year
the aggregate amount of gross written premium on business
placed with a controlled insurer by a controlling producer is
equal to or greater than five percent of the admitted assets of
the controlled insurer, as reported in the controlled insurer’s
48.97.015
[Title 48 RCW—page 452]
quarterly statement filed as of September 30th of the prior
year.
(b) Notwithstanding (a) of this subsection, this section
does not apply if:
(i) The controlling producer:
(A) Places insurance only with the controlled insurer; or
only with the controlled insurer and a member or members of
the controlled insurer’s holding company system, or the controlled insurer’s parent, affiliate, or subsidiary and receives
no compensation based upon the amount of premiums written
in connection with the insurance; and
(B) Accepts insurance placements only from nonaffiliated subproducers, and not directly from insureds; and
(ii) The controlled insurer, except for business written
through a residual market facility such as the assigned risk
plan, fair plans, or other such plans, accepts insurance business only from a controlling producer, a producer controlled
by the controlled insurer, or a producer that is a subsidiary of
the controlled insurer.
(2) A controlled insurer may not accept business from a
controlling producer and a controlling producer may not
place business with a controlled insurer unless there is a written contract between the controlling producer and the insurer
specifying the responsibilities of each party, which contract
has been approved by the board of directors of the insurer and
contains the following minimum provisions:
(a) The controlled insurer may terminate the contract for
cause, upon written notice to the controlling producer. The
controlled insurer shall suspend the authority of the controlling producer to write business during the pendency of a dispute regarding the cause for the termination;
(b) The controlling producer shall render accounts to the
controlling insurer detailing all material transactions, including information necessary to support all commissions,
charges, and other fees received by, or owing to, the controlling producer;
(c) The controlling producer shall remit all funds due
under the terms of the contract to the controlling insurer on at
least a monthly basis. The due date must be fixed so that premiums or installments collected are remitted no later than
ninety days after the effective date of a policy placed with the
controlling insurer under this contract;
(d) The controlling producer shall hold all funds collected for the controlled insurer’s account in a fiduciary
capacity, in one or more appropriately identified bank
accounts in banks that are members of the federal reserve system, in accordance with the applicable provisions of this title.
However, funds of a controlling producer not required to be
licensed in this state must be maintained in compliance with
the requirements of the controlling producer’s domiciliary
jurisdiction;
(e) The controlling producer shall maintain separately
identifiable records of business written for the controlled
insurer;
(f) The contract shall not be assigned in whole or in part
by the controlling producer;
(g) The controlled insurer shall provide the controlling
producer with its underwriting standards, rules, and procedures, manuals setting forth the rates to be charged, and the
conditions for the acceptance or rejection of risks. The controlling producer shall adhere to the standards, rules, proce(2008 Ed.)
Broker-Controlled Property and Casualty Insurer Act
dures, rates, and conditions that are the same as those applicable to comparable business placed with the controlled
insurer by a producer other than the controlling producer;
(h) The rates of the controlling producer’s commissions,
charges, and other fees must be no greater than those applicable to comparable business placed with the controlled insurer
by producers other than controlling producers. For purposes
of (g) and (h) of this subsection, examples of comparable
business include the same lines of insurance, same kinds of
insurance, same kinds of risks, similar policy limits, and similar quality of business;
(i) If the contract provides that the controlling producer,
on insurance business placed with the insurer, is to be compensated contingent upon the insurer’s profits on that business, then the compensation shall not be determined and paid
until at least five years after the premiums on liability insurance are earned and at least one year after the premiums are
earned on any other insurance. In no event may the commissions be paid until the adequacy of the controlled insurer’s
reserves on remaining claims has been independently verified
under subsection (3) of this section;
(j) The insurer may establish a different limit on the controlling producer’s writings in relation to the controlled
insurer’s surplus and total writings for each line or subline of
business. The controlled insurer shall notify the controlling
producer when the applicable limit is approached and may
not accept business from the controlling producer if the limit
is reached. The controlling producer may not place business
with the controlled insurer if it has been notified by the controlled insurer that the limit has been reached; and
(k) The controlling producer may negotiate but may not
bind reinsurance on behalf of the controlled insurer on business the controlling producer places with the controlled
insurer, except that the controlling producer may bind facultative reinsurance contracts under obligatory facultative
agreements if the contract with the controlled insurer contains underwriting guidelines including, for both reinsurance
assumed and ceded, a list of reinsurers with which the automatic agreements are in effect, the coverages and amounts of
percentages that may be reinsured, and commission schedules.
(3) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually meet with management, the insurer’s independent certified public accountants,
and an independent casualty actuary or other independent
loss reserve specialist acceptable to the commissioner to
review the adequacy of the insurer’s loss reserves.
(4)(a) In addition to any other required loss reserve certification, the controlled insurer shall, annually, on April 1st of
each year, file with the commissioner an opinion of an independent casualty actuary, or such other independent loss
reserve specialist acceptable to the commissioner, reporting
loss ratios for each line of business written and attesting to
the adequacy of loss reserves established for losses incurred
and outstanding as of year-end, including losses incurred but
not reported, on business placed by the producer; and
(b) The controlled insurer shall annually report to the
commissioner the amount of commissions paid to the producer, the percentage that amount represents of the net premiums written, and comparable amounts and percentages paid
(2008 Ed.)
48.97.025
to noncontrolling producers for placements of the same kinds
of insurance. [2008 c 217 § 76; 1993 c 462 § 19.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.020 Relationship between broker and controlled insurer—Broker’s duty to disclose—Subbrokers.
(Effective until July 1, 2009.) The broker, before the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the broker and the controlled insurer, except that, if the business is
placed through a subbroker who is not a controlling broker,
the controlling broker shall retain in his or her records a
signed commitment from the subbroker that the subbroker is
aware of the relationship between the insurer and the broker
and that the subbroker has notified or will notify the insured.
[1993 c 462 § 20.]
48.97.020
48.97.020 Relationship between producer and controlled insurer—Producer’s duty to disclose—Subproducers. (Effective July 1, 2009.) The producer, before the
effective date of the policy, shall deliver written notice to the
prospective insured disclosing the relationship between the
producer and the controlled insurer, except that, if the business is placed through a subproducer who is not a controlling
producer, the controlling producer shall retain in his or her
records a signed commitment from the subproducer that the
subproducer is aware of the relationship between the insurer
and the producer and that the subproducer has notified or will
notify the insured. [2008 c 217 § 77; 1993 c 462 § 20.]
48.97.020
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.025 Broker’s failure to comply with chapter—
Commissioner’s power—Damages—Penalties. (Effective
until July 1, 2009.) (1)(a) If the commissioner believes that
the controlling broker has not materially complied with this
chapter, or a rule adopted or order issued under this chapter,
the commissioner may after notice and opportunity to be
heard, order the controlling broker to cease placing business
with the controlled insurer; and
(b) If it is found that because of material noncompliance
that the controlled insurer or any policyholder thereof has
suffered loss or damage, the commissioner may maintain a
civil action or intervene in an action brought by or on behalf
of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder or other
appropriate relief.
(2) If an order for liquidation or rehabilitation of the controlled insurer has been entered under chapter 48.31 RCW,
and the receiver appointed under that order believes that the
controlling broker or any other person has not materially
complied with this chapter, or a rule adopted or order issued
under this chapter, and the insurer suffered any loss or damage from the noncompliance, the receiver may maintain a
civil action for recovery of damages or other appropriate
sanctions for the benefit of the insurer.
(3) Nothing contained in this section alters or affects the
right of the commissioner to impose other penalties provided
for in this title.
48.97.025
[Title 48 RCW—page 453]
48.97.025
Title 48 RCW: Insurance
(4) Nothing contained in this section alters or affects the
rights of policyholders, claimants, creditors, or other third
parties. [1993 c 462 § 21.]
48.98.020
48.97.025 Producer’s failure to comply with chapter—Commissioner’s power—Damages—Penalties.
(Effective July 1, 2009.) (1)(a) If the commissioner believes
that the controlling producer has not materially complied
with this chapter, or a rule adopted or order issued under this
chapter, the commissioner may after notice and opportunity
to be heard, order the controlling producer to cease placing
business with the controlled insurer; and
(b) If it is found that because of material noncompliance
that the controlled insurer or any policyholder thereof has
suffered loss or damage, the commissioner may maintain a
civil action or intervene in an action brought by or on behalf
of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder or other
appropriate relief.
(2) If an order for liquidation or rehabilitation of the controlled insurer has been entered under chapter 48.31 RCW,
and the receiver appointed under that order believes that the
controlling producer or any other person has not materially
complied with this chapter, or a rule adopted or order issued
under this chapter, and the insurer suffered any loss or damage from the noncompliance, the receiver may maintain a
civil action for recovery of damages or other appropriate
sanctions for the benefit of the insurer.
(3) Nothing contained in this section alters or affects the
right of the commissioner to impose other penalties provided
for in this title.
(4) Nothing contained in this section alters or affects the
rights of policyholders, claimants, creditors, or other third
parties. [2008 c 217 § 78; 1993 c 462 § 21.]
48.98.030
48.98.035
48.98.040
48.97.025
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.900 Short title. (Effective until July 1, 2009.)
This chapter may be known and cited as the Business Transacted with Broker-controlled Property and Casualty Insurer
Act. [1993 c 462 § 16.]
48.97.900
48.97.900 Short title. (Effective July 1, 2009.) This
chapter may be known and cited as the business transacted
with producer-controlled property and casualty insurer act.
[2008 c 217 § 79; 1993 c 462 § 16.]
48.97.900
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.97.901 Severability—Implementation—1993 c
See RCW 48.31B.901 and 48.31B.902.
48.97.901
462.
48.98.025
48.98.900
48.98.901
Requirements for insurer—Audit, loss reserves, and on-site
review of managing general agent—Notice to commissioner—Quarterly review of books and records—Board of
director.
Examinations—Acts of a managing general agent are acts of
the insurer.
Violations of chapter—Penalties—Judicial review.
Rule making.
Continued use of a managing general agent—Compliance with
chapter.
Short title.
Severability—Implementation—1993 c 462.
48.98.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Actuary" means a person who is a member in good
standing of the American Academy of Actuaries.
(2) "Insurer" means a person having a certificate of
authority in this state as an insurance company under RCW
48.01.050.
(3) "Managing general agent" means:
(a) A person who manages all or part of the insurance
business of an insurer, including the management of a separate division, department, or underwriting office, and acts as
a representative of the insurer whether known as a managing
general agent, manager, or other similar term, and who, with
or without the authority, either separately or together with
affiliates, produces, directly or indirectly, and underwrites an
amount of gross direct written premium equal to or more than
five percent of the policyholder surplus as reported in the last
annual statement of the insurer in any one quarter or year
together with one or more of the following activities related
to the business produced:
(i) Adjusts or pays claims in excess of an amount to be
determined by the commissioner; or
(ii) Negotiates reinsurance on behalf of the insurer.
(b) Notwithstanding (a) of this subsection, the following
persons may not be managing general agents for purposes of
this chapter:
(i) An employee of the insurer;
(ii) A United States manager of the United States branch
of an alien insurer;
(iii) An underwriting manager who, under a contract,
manages all of the insurance operations of the insurer, is
under common control with the insurer, subject to the insurer
holding company act, chapter 48.31B RCW, and whose compensation is not based on the volume of premiums written; or
(iv) The attorney-in-fact authorized by and acting for the
subscribers of a reciprocal insurer or interinsurance exchange
under powers of attorney.
(4) "Underwrite" means to accept or reject risks on
behalf of the insurer. [1993 c 462 § 35.]
48.98.005
48.98.010 Requirements for managing general
agent—License—Bond—Errors and omissions policy.
(Effective until July 1, 2009.) (1) No person may act in the
capacity of a managing general agent with respect to risks
located in this state, for an insurer authorized by this state,
unless that person is licensed in this state as an *agent, under
chapter 48.17 RCW, for the lines of insurance involved and is
designated as a managing general agent and appointed as
such by the insurer.
48.98.010
Chapter 48.98
Chapter 48.98 RCW
MANAGING GENERAL AGENTS ACT
Sections
48.98.005
48.98.010
48.98.015
Definitions.
Requirements for managing general agent—License—Bond—
Errors and omissions policy.
Contract required between a managing general agent and an
insurer—Minimum provisions.
[Title 48 RCW—page 454]
(2008 Ed.)
Managing General Agents Act
(2) No person may act in the capacity of a managing general agent representing an insurer domiciled in this state with
respect to risks located outside this state unless that person is
licensed as an *agent in this state, under chapter 48.17 RCW,
for the lines of insurance involved and is designated as a
managing general agent and appointed as such by the insurer.
(3) The commissioner may require a bond for the protection of each insurer.
(4) The commissioner may require the managing general
agent to maintain an errors and omissions policy. [1993 c
462 § 36.]
*Reviser’s note: 2007 c 117 replaced the terms "agent" and "broker"
with the term "producer," effective July 1, 2009.
48.98.010 Requirements for managing general
agent—License—Bond—Errors and omissions policy.
(Effective July 1, 2009.) (1) No person may act in the capacity of a managing general agent with respect to risks located
in this state, for an insurer authorized by this state, unless that
person is licensed in this state as an insurance producer,
under chapter 48.17 RCW, for the lines of insurance involved
and is designated as a managing general agent and appointed
as such by the insurer.
(2) No person may act in the capacity of a managing general agent representing an insurer domiciled in this state with
respect to risks located outside this state unless that person is
licensed as an insurance producer in this state, under chapter
48.17 RCW, for the lines of insurance involved and is designated as a managing general agent and appointed as such by
the insurer.
(3) The commissioner may require a bond for the protection of each insurer.
(4) The commissioner may require the managing general
agent to maintain an errors and omissions policy. [2008 c
217 § 80; 1993 c 462 § 36.]
48.98.010
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.98.015 Contract required between a managing
general agent and an insurer—Minimum provisions.
(Effective until July 1, 2009.) A managing general agent
may not place business with an insurer unless there is in force
a written contract between the managing general agent and
the insurer that sets forth the responsibilities of each party
and, where both parties share responsibility for a particular
function, that specifies the division of the responsibilities,
and that contains the following minimum provisions:
(1) The insurer may terminate the contract for cause
upon written notice to the managing general agent. The
insurer may suspend the underwriting authority of the managing general agent during the pendency of a dispute regarding the cause for termination.
(2) The managing general agent shall render accounts to
the insurer detailing all transactions and remit all funds due
under the contract to the insurer on not less than a monthly
basis.
(3) The managing general agent shall hold funds collected for the account of an insurer in a fiduciary capacity in
an FDIC insured financial institution. This account must be
used for all payments on behalf of the insurer. The managing
general agent may retain no more than three months’ esti48.98.015
(2008 Ed.)
48.98.015
mated claims payments and allocated loss adjustment
expenses.
(4) The managing general agent shall maintain separate
records of business written for each insurer. The insurer has
access to and the right to copy all accounts and records
related to its business in a form usable by the insurer, and the
commissioner has access to all books, bank accounts, and
records of the managing general agent in a form usable to the
commissioner. Those records must be retained according to
the requirements of this title and rules adopted under it.
(5) The managing general agent may not assign the contract in whole or part.
(6)(a) Appropriate underwriting guidelines must include
at least the following: The maximum annual premium volume; the basis of the rates to be charged; the types of risks
that may be written; maximum limits of liability; applicable
exclusions; territorial limitations; policy cancellation provisions; and the maximum policy period.
(b) The insurer has the right to cancel or not renew any
policy of insurance, subject to the applicable laws and rules,
including those in chapter 48.18 RCW.
(7) If the contract permits the managing general agent to
settle claims on behalf of the insurer:
(a) All claims must be reported to the insurer in a timely
manner;
(b) A copy of the claim file must be sent to the insurer at
its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed an amount determined by
the commissioner, or exceeds the limit set by the insurer,
whichever is less;
(ii) Involves a coverage dispute;
(iii) May exceed the managing general agent’s claims
settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment in excess of an amount set by
the commissioner or an amount set by the insurer, whichever
is less;
(c) All claim files are the joint property of the insurer and
the managing general agent. However, upon an order of liquidation of the insurer, those files become the sole property
of the insurer or its liquidator or successor. The managing
general agent has reasonable access to and the right to copy
the files on a timely basis; and
(d) Settlement authority granted to the managing general
agent may be terminated for cause upon the insurer’s written
notice to the managing general agent or upon the termination
of the contract. The insurer may suspend the managing general agent’s settlement authority during the pendency of a
dispute regarding the cause for termination.
(8) When electronic claims files are in existence, the
contract must address the timely transmission of the data.
(9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general
agent has the authority to determine the amount of the interim
profits by establishing loss reserves or controlling claim payments or in any other manner, interim profits may not be paid
to the managing general agent until one year after they are
earned for property insurance business and five years after
they are earned on casualty business and not until the profits
have been verified under RCW 48.98.020.
(10) The managing general agent may not:
[Title 48 RCW—page 455]
48.98.015
Title 48 RCW: Insurance
(a) Bind reinsurance or retrocessions on behalf of the
insurer, except that the managing general agent may bind
automatic reinsurance contracts under obligatory automatic
agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance
assumed and ceded, a list of reinsurers with which the automatic agreements are in effect, the coverages and amounts or
percentages that may be reinsured, and commission schedules;
(b) Commit the insurer to participate in insurance or
reinsurance syndicates;
(c) Use an agent that is not appointed to represent the
insurer in accordance with the requirements of chapter 48.17
RCW;
(d) Without prior approval of the insurer, pay or commit
the insurer to pay a claim over a specified amount, net of reinsurance, that may not exceed one percent of the insurer’s policyholder surplus as of December 31st of the last-completed
calendar year;
(e) Collect a payment from a reinsurer or commit the
insurer to a claim settlement with a reinsurer, without prior
approval of the insurer. If prior approval is given, a report
must be promptly forwarded to the insurer;
(f) Permit an agent appointed by it to serve on the
insurer’s board of directors;
(g) Jointly employ an individual who is employed by the
insurer; or
(h) Appoint a submanaging general agent. [2005 c 223 §
32; 1993 c 462 § 37.]
48.98.015 Contract required between a managing
general agent and an insurer—Minimum provisions.
(Effective July 1, 2009.) A managing general agent may not
place business with an insurer unless there is in force a written contract between the managing general agent and the
insurer that sets forth the responsibilities of each party and,
where both parties share responsibility for a particular function, that specifies the division of the responsibilities, and
that contains the following minimum provisions:
(1) The insurer may terminate the contract for cause
upon written notice to the managing general agent. The
insurer may suspend the underwriting authority of the managing general agent during the pendency of a dispute regarding the cause for termination.
(2) The managing general agent shall render accounts to
the insurer detailing all transactions and remit all funds due
under the contract to the insurer on not less than a monthly
basis.
(3) The managing general agent shall hold funds collected for the account of an insurer in a fiduciary capacity in
an FDIC insured financial institution. This account must be
used for all payments on behalf of the insurer. The managing
general agent may retain no more than three months’ estimated claims payments and allocated loss adjustment
expenses.
(4) The managing general agent shall maintain separate
records of business written for each insurer. The insurer has
access to and the right to copy all accounts and records
related to its business in a form usable by the insurer, and the
commissioner has access to all books, bank accounts, and
records of the managing general agent in a form usable to the
48.98.015
[Title 48 RCW—page 456]
commissioner. Those records must be retained according to
the requirements of this title and rules adopted under it.
(5) The managing general agent may not assign the contract in whole or part.
(6)(a) Appropriate underwriting guidelines must include
at least the following: The maximum annual premium volume; the basis of the rates to be charged; the types of risks
that may be written; maximum limits of liability; applicable
exclusions; territorial limitations; policy cancellation provisions; and the maximum policy period.
(b) The insurer has the right to cancel or not renew any
policy of insurance, subject to the applicable laws and rules,
including those in chapter 48.18 RCW.
(7) If the contract permits the managing general agent to
settle claims on behalf of the insurer:
(a) All claims must be reported to the insurer in a timely
manner;
(b) A copy of the claim file must be sent to the insurer at
its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed an amount determined by
the commissioner, or exceeds the limit set by the insurer,
whichever is less;
(ii) Involves a coverage dispute;
(iii) May exceed the managing general agent’s claims
settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment in excess of an amount set by
the commissioner or an amount set by the insurer, whichever
is less;
(c) All claim files are the joint property of the insurer and
the managing general agent. However, upon an order of liquidation of the insurer, those files become the sole property
of the insurer or its liquidator or successor. The managing
general agent has reasonable access to and the right to copy
the files on a timely basis; and
(d) Settlement authority granted to the managing general
agent may be terminated for cause upon the insurer’s written
notice to the managing general agent or upon the termination
of the contract. The insurer may suspend the managing general agent’s settlement authority during the pendency of a
dispute regarding the cause for termination.
(8) When electronic claims files are in existence, the
contract must address the timely transmission of the data.
(9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general
agent has the authority to determine the amount of the interim
profits by establishing loss reserves or controlling claim payments or in any other manner, interim profits may not be paid
to the managing general agent until one year after they are
earned for property insurance business and five years after
they are earned on casualty business and not until the profits
have been verified under RCW 48.98.020.
(10) The managing general agent may not:
(a) Bind reinsurance or retrocessions on behalf of the
insurer, except that the managing general agent may bind
automatic reinsurance contracts under obligatory automatic
agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance
assumed and ceded, a list of reinsurers with which the automatic agreements are in effect, the coverages and amounts or
(2008 Ed.)
Managing General Agents Act
percentages that may be reinsured, and commission schedules;
(b) Commit the insurer to participate in insurance or
reinsurance syndicates;
(c) Use an insurance producer that is not appointed to
represent the insurer in accordance with the requirements of
chapter 48.17 RCW;
(d) Without prior approval of the insurer, pay or commit
the insurer to pay a claim over a specified amount, net of reinsurance, that may not exceed one percent of the insurer’s policyholder surplus as of December 31st of the last-completed
calendar year;
(e) Collect a payment from a reinsurer or commit the
insurer to a claim settlement with a reinsurer, without prior
approval of the insurer. If prior approval is given, a report
must be promptly forwarded to the insurer;
(f) Permit an agent appointed by it to serve on the
insurer’s board of directors;
(g) Jointly employ an individual who is employed by the
insurer; or
(h) Appoint a submanaging general agent. [2008 c 217 §
81; 2005 c 223 § 32; 1993 c 462 § 37.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.98.020 Requirements for insurer—Audit, loss
reserves, and on-site review of managing general agent—
Notice to commissioner—Quarterly review of books and
records—Board of director. (Effective until July 1, 2009.)
(1) The insurer shall have on file an independent audited
financial statement, in a form acceptable to the commissioner, of each managing general agent with which it is doing
or has done business.
(2) If a managing general agent establishes loss reserves,
the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for
losses incurred and outstanding on business produced by the
managing general agent. This is in addition to any other
required loss reserve certification.
(3) The insurer shall periodically, and no less frequently
than semiannually, conduct an on-site review of the underwriting and claims processing operations of the managing
general agent.
(4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates must rest
with an officer of the insurer, who may not be affiliated with
the managing general agent.
(5) Within thirty days of entering into or terminating a
contract with a managing general agent, the insurer shall provide written notification of that appointment or termination to
the commissioner. Notices of appointment of a managing
general agent must include a statement of duties that the managing general agent is expected to perform on behalf of the
insurer, the lines of insurance for which the managing general
agent is to be authorized to act, and any other information the
commissioner may request. This subsection applies to managing general agents operating in this state.
(6) An insurer shall review its books and records each
calendar quarter to determine if any agent has become a managing general agent. If the insurer determines that an agent
has become a managing general agent under RCW 48.98.005,
48.98.020
(2008 Ed.)
48.98.020
the insurer shall promptly notify the agent and the commissioner of that determination, and the insurer and agent shall
fully comply with this chapter within thirty days.
(7) An insurer may not appoint to its board of directors
an officer, director, employee, subagent, or controlling shareholder of its managing general agents. This subsection does
not apply to relationships governed by the insurer holding
company act, chapter 48.31B RCW, or, if applicable, the
business transacted with broker-controlled property and
casualty insurer act, *chapter 48.97 RCW. [1993 c 462 § 38.]
*Reviser’s note: Chapter 48.97 RCW was renamed the producer-controlled property and casualty insurer act, effective July 1, 2009.
48.98.020 Requirements for insurer—Audit, loss
reserves, and on-site review of managing general agent—
Notice to commissioner—Quarterly review of books and
records—Board of director. (Effective July 1, 2009.) (1)
The insurer shall have on file an independent audited financial statement, in a form acceptable to the commissioner, of
each managing general agent with which it is doing or has
done business.
(2) If a managing general agent establishes loss reserves,
the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for
losses incurred and outstanding on business produced by the
managing general agent. This is in addition to any other
required loss reserve certification.
(3) The insurer shall periodically, and no less frequently
than semiannually, conduct an on-site review of the underwriting and claims processing operations of the managing
general agent.
(4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates must rest
with an officer of the insurer, who may not be affiliated with
the managing general agent.
(5) Within thirty days of entering into or terminating a
contract with a managing general agent, the insurer shall provide written notification of that appointment or termination to
the commissioner. Notices of appointment of a managing
general agent must include a statement of duties that the managing general agent is expected to perform on behalf of the
insurer, the lines of insurance for which the managing general
agent is to be authorized to act, and any other information the
commissioner may request. This subsection applies to managing general agents operating in this state.
(6) An insurer shall review its books and records each
calendar quarter to determine if any insurance producer has
become a managing general agent. If the insurer determines
that an insurance producer has become a managing general
agent under RCW 48.98.005, the insurer shall promptly
notify the insurance producer and the commissioner of that
determination, and the insurer and insurance producer shall
fully comply with this chapter within thirty days.
(7) An insurer may not appoint to its board of directors
an officer, director, employee, subagent, or controlling shareholder of its managing general agents. This subsection does
not apply to relationships governed by the insurer holding
company act, chapter 48.31B RCW, or, if applicable, the
business transacted with broker-controlled property and
casualty insurer act, *chapter 48.97 RCW. [2008 c 217 § 82;
1993 c 462 § 38.]
48.98.020
[Title 48 RCW—page 457]
48.98.025
Title 48 RCW: Insurance
*Reviser’s note: Chapter 48.97 RCW was renamed the producer-controlled property and casualty insurer act, effective July 1, 2009.
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.98.025 Examinations—Acts of a managing general agent are acts of the insurer. The acts of the managing
general agent are considered to be the acts of the insurer on
whose behalf it is acting. A managing general agent may be
examined as if it were the insurer, as provided in chapter
48.03 RCW. [1993 c 462 § 39.]
48.98.025
48.98.035 Rule making. The commissioner may adopt
rules for the implementation and administration of this chapter, that shall include but are not limited to licensure of managing general agents. [1993 c 462 § 41.]
48.98.035
48.98.040 Continued use of a managing general
agent—Compliance with chapter. No insurer may continue to use the services of a managing general agent on and
after January 1, 1994, unless that use complies with this chapter. [1993 c 462 § 42.]
48.98.040
48.98.900 Short title. This chapter may be known and
cited as the managing general agents act. [1993 c 462 § 34.]
48.98.900
48.98.030 Violations of chapter—Penalties—Judicial
review. (Effective until July 1, 2009.) (1) Subject to a hearing in accordance with chapters 34.05 and 48.04 RCW, upon
a finding by the commissioner that any person has violated
any provision of this chapter, the commissioner may order:
(a) For each separate violation, a penalty in an amount of
not more than one thousand dollars;
(b) Revocation, or suspension for up to one year, of the
agent’s license; and
(c) The managing general agent to reimburse the insurer,
the rehabilitator, or liquidator of the insurer for losses
incurred by the insurer caused by a violation of this chapter
committed by the managing general agent.
(2) The decision, determination, or order of the commissioner under this section is subject to judicial review under
chapters 34.05 and 48.04 RCW.
(3) Nothing contained in this section affects the right of
the commissioner to impose any other penalties provided for
in this title.
(4) Nothing contained in this chapter is intended to or in
any manner limits or restricts the rights of policyholders,
claimants, and auditors. [1993 c 462 § 40.]
48.98.030
48.98.030 Violations of chapter—Penalties—Judicial
review. (Effective July 1, 2009.) (1) Subject to a hearing in
accordance with chapters 34.05 and 48.04 RCW, upon a finding by the commissioner that any person has violated any
provision of this chapter, the commissioner may order:
(a) For each separate violation, a penalty in an amount of
not more than one thousand dollars;
(b) Revocation, or suspension for up to one year, of the
managing general agent’s license including any insurance
producer’s licenses held by the managing general agent; and
(c) The managing general agent to reimburse the insurer,
the rehabilitator, or liquidator of the insurer for losses
incurred by the insurer caused by a violation of this chapter
committed by the managing general agent.
(2) The decision, determination, or order of the commissioner under this section is subject to judicial review under
chapters 34.05 and 48.04 RCW.
(3) Nothing contained in this section affects the right of
the commissioner to impose any other penalties provided for
in this title.
(4) Nothing contained in this chapter is intended to or in
any manner limits or restricts the rights of policyholders,
claimants, and auditors. [2008 c 217 § 83; 1993 c 462 § 40.]
48.98.030
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
[Title 48 RCW—page 458]
48.98.901 Severability—Implementation—1993 c
See RCW 48.31B.901 and 48.31B.902.
48.98.901
462.
Chapter 48.99 RCW
UNIFORM INSURERS LIQUIDATION ACT
Chapter 48.99
Sections
48.99.010
48.99.011
48.99.020
48.99.030
48.99.040
48.99.050
48.99.060
48.99.070
48.99.080
48.99.900
Uniform insurers liquidation act.
Insurer—Self-funded multiple employer welfare arrangement.
Delinquency proceedings—Domestic insurers.
Delinquency proceedings—Foreign insurers.
Claims of nonresidents against domestic insurer.
Claims of residence against foreign insurer.
Priority of certain claims.
Attachment, garnishment, execution stayed.
Severability—Uniformity of interpretation.
Severability—Implementation—1993 c 462.
48.99.010 Uniform insurers liquidation act. This
chapter may be known and cited as the uniform insurers liquidation act. For the purposes of this chapter:
(1) "Insurer" means any person, firm, corporation, association, or aggregation of persons doing an insurance business and subject to the insurance supervisory authority of, or
to liquidation, rehabilitation, reorganization, or conservation
by, the commissioner, or the equivalent insurance supervisory official of another state.
(2) "Delinquency proceeding" means any proceeding
commenced against an insurer for the purpose of liquidating,
rehabilitating, reorganizing, or conserving such insurer.
(3) "State" means any state of the United States, and also
the District of Columbia and Puerto Rico.
(4) "Foreign country" means territory not in any state.
(5) "Domiciliary state" means the state in which an
insurer is incorporated or organized, or, in the case of an
insurer incorporated or organized in a foreign country, the
state in which such insurer, having become authorized to do
business in such state, has, at the commencement of delinquency proceedings, the largest amount of its assets held in
trust and assets held on deposit for the benefit of its policyholders or policyholders and creditors in the United States;
and any such insurer is deemed to be domiciled in such state.
(6) "Ancillary state" means any state other than a domiciliary state.
(7) "Reciprocal state" means any state other than this
state in which in substance and effect the provisions of this
chapter are in force, including the provisions requiring that
the insurance commissioner or equivalent insurance supervisory official be the receiver of a delinquent insurer.
48.99.010
(2008 Ed.)
Uniform Insurers Liquidation Act
(8) "General assets" means all property, real, personal, or
otherwise, not specifically mortgaged, pledged, deposited, or
otherwise encumbered for the security or benefit of specified
persons or a limited class or classes of persons, and as to such
specifically encumbered property the term includes all such
property or its proceeds in excess of the amount necessary to
discharge the sum or sums secured thereby. Assets held in
trust and assets held on deposit for the security or benefit of
all policyholders, or all policyholders and creditors in the
United States, shall be deemed general assets.
(9) "Preferred claim" means any claim with respect to
which the law of a state or of the United States accords priority of payment from the general assets of the insurer.
(10) "Special deposit claim" means any claim secured by
a deposit made pursuant to statute for the security or benefit
of a limited class or classes of persons, but not including any
general assets.
(11) "Secured claim" means any claim secured by mortgage, trust, deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims
against general assets. The term also includes claims which
more than four months prior to the commencement of delinquency proceedings in the state of the insurer’s domicile have
become liens upon specific assets by reason of judicial process.
(12) "Receiver" means receiver, liquidator, rehabilitator,
or conservator as the context may require. [1993 c 462 § 78;
1961 c 194 § 12; 1947 c 79 § .31.11; Rem. Supp. 1947 §
45.31.11. Formerly RCW 48.31.110.]
48.99.011 Insurer—Self-funded multiple employer
welfare arrangement. A self-funded multiple employer
welfare arrangement, as defined in RCW 48.125.010, is an
insurer under this chapter. [2004 c 260 § 21.]
48.99.011
Severability—Effective date—2004 c 260: See RCW 48.125.900 and
48.125.901.
48.99.020 Delinquency proceedings—Domestic
insurers. (1) Whenever under the laws of this state a receiver
is to be appointed in delinquency proceedings for an insurer
domiciled in this state, the court shall appoint the commissioner as such receiver. The court shall direct the commissioner forthwith to take possession of the assets of the insurer
and to administer the same under the orders of the court.
(2) As domiciliary receiver the commissioner shall be
vested by operation of law with the title to all of the property,
contracts, and rights of action, and all of the books and
records of the insurer wherever located, as of the date of entry
of the order directing him to rehabilitate or liquidate a domestic insurer, or to liquidate the United States branch of an alien
insurer domiciled in this state, and he shall have the right to
recover the same and reduce the same to possession; except
that ancillary receivers in reciprocal states shall have, as to
assets located in their respective states, the rights and powers
which are hereinafter prescribed for ancillary receivers
appointed in this state as to assets located in this state.
(3) The filing or recording of the order directing possession to be taken, or a certified copy thereof, in the office
where instruments affecting title to property are required to
be filed or recorded shall impart the same notice as would be
48.99.020
(2008 Ed.)
48.99.030
imparted by a deed, bill of sale, or other evidence of title duly
filed or recorded.
(4) The commissioner as domiciliary receiver shall be
responsible on his official bond for the proper administration
of all assets coming into his possession or control. The court
may at any time require an additional bond from him or his
deputies if deemed desirable for the protection of the assets.
(5) Upon taking possession of the assets of an insurer the
domiciliary receiver shall, subject to the direction of the
court, immediately proceed to conduct the business of the
insurer or to take such steps as are authorized by the laws of
this state for the purpose of liquidating, rehabilitating, reorganizing, or conserving the affairs of the insurer.
(6) In connection with delinquency proceedings the
commissioner may appoint one or more special deputy commissioners to act for him, and may employ such counsel,
clerks, and assistants as he deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and
all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver, subject
to the approval of the court, and shall be paid out of the funds
or assets of the insurer. Within the limits of the duties
imposed upon them special deputies shall possess all the
powers given to, and, in the exercise of those powers, shall be
subject to all of the duties imposed upon the receiver with
respect to such proceedings. [1947 c 79 § .31.12; Rem. Supp.
1947 § 45.31.12. Formerly RCW 48.31.120.]
48.99.030
48.99.030 Delinquency proceedings—Foreign insurers. (Effective until July 1, 2009.) (1) Whenever under the
laws of this state an ancillary receiver is to be appointed in
delinquency proceedings for an insurer not domiciled in this
state, the court shall appoint the commissioner as ancillary
receiver. The commissioner shall file a petition requesting the
appointment (a) if he finds that there are sufficient assets of
such insurer located in this state to justify the appointment of
an ancillary receiver, or (b) if ten or more persons resident in
this state having claims against such insurer file a petition
with the commissioner requesting the appointment of such
ancillary receiver.
(2) The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested
by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of
the insurer located in this state, and he shall have the immediate right to recover balances due from local agents and to
obtain possession of any books and records of the insurer
found in this state. He shall also be entitled to recover the
other assets of the insurer located in this state except that
upon the appointment of an ancillary receiver in this state, the
ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The
ancillary receiver shall, as soon as practicable, liquidate from
their respective securities those special deposit claims and
secured claims which are proved and allowed in the ancillary
proceedings in this state, and shall pay the necessary
expenses of the proceedings. All remaining assets he shall
promptly transfer to the domiciliary receiver. Subject to the
foregoing provisions the ancillary receiver and his deputies
shall have the same powers and be subject to the same duties
[Title 48 RCW—page 459]
48.99.030
Title 48 RCW: Insurance
with respect to the administration of such assets, as a receiver
of an insurer domiciled in this state.
(3) The domiciliary receiver of an insurer domiciled in a
reciprocal state may sue in this state to recover any assets of
such insurer to which he may be entitled under the laws of
this state. [1947 c 79 § .31.13; Rem. Supp. 1947 § 45.31.13.
Formerly RCW 48.31.130]
48.99.030 Delinquency proceedings—Foreign insurers. (Effective July 1, 2009.) (1) Whenever under the laws
of this state an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state,
the court shall appoint the commissioner as ancillary
receiver. The commissioner shall file a petition requesting
the appointment (a) if he or she finds that there are sufficient
assets of such insurer located in this state to justify the
appointment of an ancillary receiver, or (b) if ten or more persons resident in this state having claims against such insurer
file a petition with the commissioner requesting the appointment of such ancillary receiver.
(2) The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested
by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of
the insurer located in this state, and he or she shall have the
immediate right to recover balances due from local insurance
producers and to obtain possession of any books and records
of the insurer found in this state. He or she shall also be entitled to recover the other assets of the insurer located in this
state except that upon the appointment of an ancillary
receiver in this state, the ancillary receiver shall during the
ancillary receivership proceedings have the sole right to
recover such other assets. The ancillary receiver shall, as
soon as practicable, liquidate from their respective securities
those special deposit claims and secured claims which are
proved and allowed in the ancillary proceedings in this state,
and shall pay the necessary expenses of the proceedings. All
remaining assets shall promptly transfer to the domiciliary
receiver. Subject to the foregoing provisions the ancillary
receiver and his or her deputies shall have the same powers
and be subject to the same duties with respect to the administration of such assets, as a receiver of an insurer domiciled in
this state.
(3) The domiciliary receiver of an insurer domiciled in a
reciprocal state may sue in this state to recover any assets of
such insurer to which he or she may be entitled under the laws
of this state. [2008 c 217 § 84; 1947 c 79 § .31.13; Rem.
Supp. 1947 § 45.31.13. Formerly RCW 48.31.130]
48.99.030
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.99.040 Claims of nonresidents against domestic
insurer. (1) In a delinquency proceeding begun in this state
against an insurer domiciled in this state, claimants residing
in reciprocal states may file claims either with the ancillary
receivers, if any, in their respective states, or with the domiciliary receiver. All claims must be filed on or before the last
date fixed for the filing of claims in the domiciliary delinquency proceedings.
(2) Controverted claims belonging to claimants residing
in reciprocal states may either (a) be proved in this state as
48.99.040
[Title 48 RCW—page 460]
provided by law, or (b) if ancillary proceedings have been
commenced in reciprocal states, be proved in those proceedings. In the event a claimant elects to prove a claim in ancillary proceedings, if notice of the claim and opportunity to
appear and be heard is afforded the domiciliary receiver of
this state as provided in RCW 48.99.050 with respect to
ancillary proceedings in this state, the final allowance of a
claim by the courts in the ancillary state must be accepted in
this state as conclusive as to its amount, and must also be
accepted as conclusive as to its priority, if any, against special
deposits or other security located within the ancillary state.
[2003 c 248 § 25; 1947 c 79 § .31.14; Rem. Supp. 1947 §
45.31.14. Formerly RCW 48.31.140.]
48.99.050
48.99.050 Claims of residents against foreign insurer.
(1) In a delinquency proceeding in a reciprocal state against
an insurer domiciled in that state, claimants against such
insurer, who reside within this state may file claims either
with the ancillary receiver, if any, appointed in this state, or
with the domiciliary receiver. All such claims must be filed
on or before the last date fixed for the filing of claims in the
domiciliary delinquency proceeding.
(2) Controverted claims belonging to claimants residing
in this state may either (a) be proved in the domiciliary state
as provided by the law of that state, or (b), if ancillary proceedings have been commenced in this state, be proved in
those proceedings. In the event that any such claimant elects
to prove his claim in this state, he shall file his claim with the
ancillary receiver in the manner provided by the law of this
state for the proving of claims against insurers domiciled in
this state, and he shall give notice in writing to the receiver in
the domiciliary state, either by registered mail or by personal
service at least forty days prior to the date set for hearing. The
notice shall contain a concise statement of the amount of the
claim, the facts on which the claim is based, and the priorities
asserted, if any. If the domiciliary receiver, within thirty days
after the giving of such notice, shall give notice in writing to
the ancillary receiver and to the claimant, either by registered
mail or by personal service, of his intention to contest such
claim, he shall be entitled to appear or to be represented in
any proceeding in this state involving the adjudication of the
claim. The final allowance of the claim by the courts of this
state shall be accepted as conclusive as to its amount, and
shall also be accepted as conclusive as to its priority, if any,
against special deposits or other security located within this
state. [1947 c 79 § .31.15; Rem. Supp. 1947 § 45.31.15. Formerly RCW 48.31.150.]
48.99.060
48.99.060 Priority of certain claims. (1) In a delinquency proceeding against an insurer domiciled in this state,
claims owing to residents of ancillary states shall be preferred
claims if like claims are preferred under the laws of this state.
All such claims whether owing to residents or nonresidents
shall be given equal priority of payment from general assets
regardless of where such assets are located.
(2) In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this
state shall be preferred if like claims are preferred by the laws
of that state.
(2008 Ed.)
Viatical Settlements
(3) The owners of special deposit claims against an
insurer for which a receiver is appointed in this or any other
state shall be given priority against their several special
deposits in accordance with the provisions of the statutes
governing the creation and maintenance of such deposits. If
there is a deficiency in any such deposit so that the claims
secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be
deferred until general creditors, and also claimants against
other special deposits who have received smaller percentages
from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the
special deposit.
(4) The owner of a secured claim against an insurer for
which a receiver has been appointed in this or any other state
may surrender his security and file his claim as a general
creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a
claim against the general assets of the insurer on the same
basis as claims of unsecured creditors. If the amount of the
deficiency has been adjudicated in ancillary proceedings as
provided in this chapter, or if it has been adjudicated by a
court of competent jurisdiction in proceedings in which the
domiciliary receiver has had notice and opportunity to be
heard, such amount shall be conclusive; otherwise the
amount shall be determined in the delinquency proceeding in
the domiciliary state. [1993 c 462 § 79; 1947 c 79 § .31.16;
Rem. Supp. 1947 § 45.31.16. Formerly RCW 48.31.160.]
48.99.070
48.99.070 Attachment, garnishment, execution
stayed. During the pendency of delinquency proceedings in
this or any reciprocal state no action or proceeding in the
nature of an attachment, garnishment, or execution shall be
commenced or maintained in the courts of this state against
the delinquent insurer or its assets. Any lien obtained by any
such action or proceeding within four months prior to the
commencement of any such delinquency proceeding or at
any time thereafter shall be void as against any rights arising
in such delinquency proceeding. [1947 c 79 § .31.17; Rem.
Supp. 1947 § 45.31.17. Formerly RCW 48.31.170.]
48.99.080
48.99.080 Severability—Uniformity of interpretation. (1) If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of
the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this
chapter are declared to be severable.
(2) This uniform insurers liquidation act shall be so interpreted and construed as to effectuate its general purpose to
make uniform the law of those states that enact it. To the
extent that its provisions, when applicable, conflict with provisions of chapter 48.31 RCW, the provisions of this chapter
shall control. [1993 c 462 § 80; 1947 c 79 § .31.18; Rem.
Supp. 1947 § 45.31.18. Formerly RCW 48.31.180.]
48.99.900
462.
48.99.900 Severability—Implementation—1993 c
See RCW 48.31B.901 and 48.31B.902.
(2008 Ed.)
Chapter 48.102
48.102.005
Chapter 48.102 RCW
VIATICAL SETTLEMENTS
Sections
48.102.005
48.102.010
48.102.015
48.102.020
48.102.025
48.102.030
48.102.035
48.102.040
48.102.045
48.102.050
48.102.055
48.102.900
48.102.901
Definitions.
License required for providers and brokers—Application—
Requirements—Fee—Rules.
Commissioner may suspend, revoke, or refuse to issue or
renew license—Information requirements—Hearing—Fine.
Commissioner approval required for contract form, rate, fee,
commission, or other compensation charged—Finding necessary for disapproval.
Licensee must file annual statement.
Examination of business and affairs of applicant or licensee—
Production of information—Expenses—Confidentiality of
information—Recordkeeping requirements.
Requirement to provide information to the viator.
Requirement for provider to obtain information—Medical
information is confidential—Rescission rights—Time is of
the essence.
Must be licensed—Transfer to unlicensed entity is void—
Rights in policy restored to viator—Exceptions allowed by
rule.
Rules as necessary to implement chapter.
Consumer protection act applies—Civil action—Damages—
Costs—Attorneys’ fees.
Short title—1995 c 161.
Application of chapter 21.20 RCW—1995 c 161.
48.102.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means the same as defined in RCW
48.01.070.
(2) "Viatical settlement broker" means an individual,
partnership, corporation, or other entity who or which for
another person, and for a fee, commission, or any other valuable consideration, does any of the following things:
(a) Offers or advertises the availability of viatical settlements;
(b) Introduces viators to viatical settlement providers;
(c) Offers or attempts to negotiate viatical settlements
between a viator and one or more viatical settlement providers. However, "viatical settlement broker" does not mean an
attorney, accountant, or financial planner retained to represent the viator, whose fee or other compensation is not paid
by the viatical settlement provider.
(3) "Viatical settlement contract" means a written agreement entered into between a viatical settlement provider and
a viator.
(4) "Viatical settlement provider" means any person that
enters into an agreement with a viator under the terms of
which the viatical settlement provider pays compensation or
anything of value, in return for the assignment, transfer, sale,
devise, or bequest of the death benefit or ownership of the
insurance policy or certificate of insurance to the viatical settlement provider. "Viatical settlement provider" does not
mean the following:
(a) Any bank, savings bank, savings and loan association, credit union, or other licensed lending institution that
takes an assignment of a life insurance policy as collateral for
a loan; or
(b) The issuer of a life insurance policy providing accelerated benefits, as those are defined in WAC 284-23-620(1).
(5) "Viator" means the owner of a life insurance policy,
or the holder of a certificate of insurance, insuring the life of
a person with a catastrophic or life-threatening illness or con48.102.005
[Title 48 RCW—page 461]
48.102.010
Title 48 RCW: Insurance
dition, who enters into an agreement under which the viatical
settlement provider will pay compensation or anything of
value, which compensation or value is less than the expected
death benefit of the insurance policy or certificate of insurance, in return for the assignment, transfer, sale, devise, or
bequest of the death benefit or ownership of the insurance
policy or certificate of insurance to the viatical settlement
provider. [1995 c 161 § 1.]
(d) If a corporation, is incorporated under the laws of this
state, or is a foreign corporation authorized to transact business in this state.
(6) The commissioner shall not issue or renew any
license unless the applicant has filed with the commissioner a
written irrevocable consent that any action against the applicant may be commenced by the service of process upon the
commissioner. [1995 c 161 § 2.]
48.102.010 License required for providers and brokers—Application—Requirements—Fee—Rules. (1) On
or after July 23, 1995, an individual, partnership, corporation,
or other entity may not act as a viatical settlement provider or
enter into or solicit a viatical settlement contract in this state,
or act as a viatical settlement broker, without first obtaining a
license from the commissioner.
(2) Application for a license for a viatical settlement provider or viatical settlement broker shall be made on a form
prescribed by the commissioner, and the application shall be
accompanied by a fee as determined by the commissioner by
rule.
(3) Licenses for viatical settlement providers or viatical
settlement brokers may be renewed from year to year on the
anniversary date or at another interval established by rule,
upon payment of the renewal fee and submission of forms of
information as determined by rule. Failure to pay the fee
within the time prescribed shall result in automatic revocation of the license.
(4) The applicant shall provide the information the commissioner requires on forms prescribed by the commissioner.
(a) The applicant shall disclose the identity of all stockholders, partners, and corporate officers; its parent entities
and affiliates, and their stockholders, partners, and officers;
to the extent prescribed by the commissioner.
(b) The commissioner may refuse to issue or renew a
license if he or she is not satisfied that any officer, partner,
stockholder, or employee thereof, who may materially influence the conduct of the applicant or licensee, meets the standards required by the public interest.
(c) A license issued to a partnership, corporation, or
other entity authorizes all its partners, officers, and employees to act as viatical settlement providers under the license, if
they were identified in the application or application for
renewal.
(d) Any person who willfully misrepresents any fact
required to be disclosed in an application for a license to act
as either a viatical settlement provider or a viatical settlement
broker shall be liable to penalties as provided by applicable
law.
(5) Upon the filing of an application and the payment of
the fee required by rule, the commissioner shall issue or
renew a license if the commissioner finds that the applicant:
(a) Has provided a detailed and adequate plan of operation;
(b) Is competent and trustworthy and intends to act in
good faith in the business covered by the license for which
the applicant has applied;
(c) Has a good business reputation and has had experience, training, or education so as to be qualified in the business covered by the license for which the applicant has
applied; and
48.102.015 Commissioner may suspend, revoke, or
refuse to issue or renew license—Information requirements—Hearing—Fine. (1) The commissioner may suspend, revoke, or refuse to issue or renew the license of any
viatical settlement broker or viatical settlement provider if
the commissioner finds that:
(a) There was any misrepresentation, intentional or otherwise, in the application for the license or for renewal of a
license;
(b) The applicant for, or holder of any such license, is or
has been subject to a final administrative action for being, or
is otherwise shown to be, untrustworthy or incompetent to act
as either a viatical settlement broker or a viatical settlement
provider;
(c) The applicant for, or holder of any such license, demonstrates a pattern of unreasonable payments to viators;
(d) The applicant for, or holder of any such license, has
been convicted of a felony or of any criminal misdemeanor of
which criminal fraud is an element; or
(e) The applicant for, or holder of any such license, has
violated any provision of this title.
(2) The commissioner may require an applicant or the
holder of any license issued under this chapter to supply current information on the identity or capacity of stockholders,
partners, officers, and employees, including but not limited to
the following: Fingerprints, personal history, business experience, business records, and any other information which the
commissioner may require. If required, the applicant or licensee shall furnish his or her fingerprints for submission to
the Washington state patrol, the federal bureau of investigation, and any governmental agency or entity authorized to
receive this information for a state and national criminal history background check.
(3) Before the commissioner suspends or revokes any
license issued under this chapter, the commissioner shall conduct a hearing, if the applicant or licensee requests this in
writing. The hearing shall be in accordance with chapters
34.05 and 48.04 RCW.
(4) After a hearing or with the consent of any party
licensed under this chapter and in addition to or in lieu of the
suspension, revocation, or refusal to renew any license under
this chapter, the commissioner may levy a fine upon the viatical settlement provider in an amount not more than ten thousand dollars, for each violation of this chapter. The order
levying the fine shall specify the period within which the fine
shall be fully paid, and that period shall not be less than fifteen nor more than thirty days from the date of the order.
Upon failure to pay the fine when due, the commissioner may
revoke the license if not already revoked, and the fine may be
recovered in a civil action brought in behalf of the commissioner by the attorney general. Any fine so collected shall be
deposited into the general fund.
48.102.010
[Title 48 RCW—page 462]
48.102.015
(2008 Ed.)
Viatical Settlements
(5) If in the process of verifying fingerprints under subsection (2) of this section, business records, or other information the commissioner’s office incurs fees or charges from
another governmental agency or from a business firm, the
amount of the fees or charges shall be paid to the commissioner’s office by the applicant or licensee. [2002 c 227 § 5;
1995 c 161 § 3.]
Effective date—2002 c 227: See note following RCW 48.06.040.
48.102.020 Commissioner approval required for contract form, rate, fee, commission, or other compensation
charged—Finding necessary for disapproval. After a date
established by rule, no viatical settlement provider or viatical
settlement broker may use any viatical settlement contract or
brokerage contract in this state unless the contract form has
been filed with and approved by the commissioner. Any such
contract filing is approved if it has not been disapproved
within sixty days after it is filed with the commissioner. The
rate, fee, commission, or other compensation charged must
also be filed with the commissioner at the same time the contract form is filed, and any changes must be filed and
approved before use. The commissioner shall disapprove any
such viatical settlement contract or brokerage contract, or
revoke previous approval, or rates, if the commissioner
makes either of the following alternative findings:
(1) The benefits offered to the viator are unreasonable in
relation to the rate, fee, or other compensation that is charged;
or
(2) Any other provisions or terms of the contract are
unreasonable, contrary to the public interest, misleading, or
unfair to the viator. [1995 c 161 § 4.]
48.102.020
48.102.040
media in which it was used, shall be maintained by each
holder of any license issued under this chapter. [1995 c 161
§ 6.]
48.102.035 Requirement to provide information to
the viator. A viatical settlement provider shall disclose, in
writing, the following information to the viator no later than
the date when the viatical settlement contract is signed by all
parties:
(1) Possible alternatives to viatical settlement contracts
for persons with catastrophic or life-threatening conditions.
These shall include, but not be limited to, any available accelerated benefits on the life insurance policy;
(2) The fact that some or all of the proceeds of the viatical settlement may be taxable, and that advice and assistance
should be sought from an attorney or tax professional;
(3) The fact that the proceeds of the viatical settlement
could be subject to the claims of creditors, and that advice
and assistance should be sought from an attorney;
(4) The fact that receiving the proceeds of the viatical
settlement might adversely affect the viator’s eligibility for
medicaid, or other public benefits or entitlements, and that
advice and assistance should be sought from an attorney;
(5) The right of the viator to rescind the contract on or
before the later of (a) thirty days after the date when it is executed by all parties or (b) fifteen days after the receipt of the
proceeds of the viatical settlement contract; and
(6) The date by which the proceeds will be available to
the viator, and also the source of the proceeds. [1995 c 161 §
7.]
48.102.035
48.102.040 Requirement for provider to obtain information—Medical information is confidential—Rescission
rights—Time is of the essence. (1) A viatical settlement
provider entering into a viatical settlement contract with a
viator shall first obtain the following:
(a) A written and signed statement from an attending
medical doctor that in his or her professional opinion, the viator is of sound mind and under no undue influence;
(b) A document witnessed by a person not employed by
or affiliated with the viatical settlement provider, in which
the viator consents to the viatical settlement contract,
acknowledges the catastrophic or life-threatening illness or
condition, and represents that he or she:
(i) Has a complete understanding of the viatical settlement contract;
(ii) Has a full and complete understanding of the life
insurance policy;
(iii) Releases his or her medical records for the limited
and express purpose of making the viatical settlement agreement possible;
(iv) Has either obtained advice or assistance from an
attorney or tax professional, or has had the opportunity to do
so; and
(v) Has entered into the viatical settlement contract
freely and voluntarily; and
(c) In those cases where the viator is not the insured person, a written consent to the viatical settlement agreement
from the insured person or his or her legal representative.
48.102.040
48.102.025 Licensee must file annual statement.
Each holder of any license issued under this chapter shall file
with the commissioner, on or before March 1 of each year, an
annual statement containing such information as the commissioner may by rule require. [1995 c 161 § 5.]
48.102.025
48.102.030 Examination of business and affairs of
applicant or licensee—Production of information—
Expenses—Confidentiality of information—Recordkeeping requirements. (1) The commissioner may examine the
business and affairs of any applicant for or holder of any
license issued under this chapter. The commissioner may
require any applicant for or holder of any such license to produce any records, books, files, and any other writings or
information reasonably necessary to determine whether or
not the applicant for or holder of any such license is acting, or
has acted, in violation of any laws, or otherwise contrary to
the interests of the public, or has acted in a manner demonstrating incompetence or untrustworthiness to hold any such
license. The expenses incurred in conducting any examination shall be paid by the applicant for or holder of any such
license.
(2) The names and individual identification data of all
viators are private and confidential information and shall not
be disclosed by the commissioner, except under court order.
(3) Records of all transactions of viatical settlement contracts and brokerage contracts, and an advertising file containing the text of all advertising used and the dates and
48.102.030
(2008 Ed.)
[Title 48 RCW—page 463]
48.102.045
Title 48 RCW: Insurance
(2) All medical information solicited or obtained by any
holder of a license issued under this chapter is subject to all
applicable laws governing confidentiality of medical information.
(3) All viatical settlement contracts entered into in this
state shall contain a provision no less favorable than that in
the event the viator exercises his or her right to rescind the
viatical settlement contract, any proceeds previously paid
shall be refunded no later than the earliest of (a) thirty days of
the date of rescission or (b) fifteen days of payment of the
proceeds.
(4) All viatical settlement contracts entered into in this
state shall contain a rescission clause no less favorable than
that the viator has the unconditional right to rescind the contract on or before the later of (a) thirty days of the date it is
signed by all parties or (b) fifteen days of the receipt of the
proceeds of the viatical settlement agreement; subject to
refund of those proceeds as set forth in subsection (3) of this
section.
(5) Time is of the essence in delivery of the proceeds of
any viatical settlement contract by the date disclosed to the
viator.
(6) No viatical settlement contract entered into in this
state may contain any restrictions upon the use of the proceeds of the contract.
(7) Any viatical settlement contract entered into in this
state shall establish the terms under which the viatical settlement provider shall pay compensation or anything of value,
which compensation is less than the expected death benefit of
the insurance policy or certificate of insurance, in return for
the assignment, transfer, sale, devise, or bequest of the death
benefit or ownership of the insurance policy or certificate to
the viatical settlement provider. [1995 c 161 § 8.]
48.102.045 Must be licensed—Transfer to unlicensed
entity is void—Rights in policy restored to viator—
Exceptions allowed by rule. (1) A viatical settlement provider shall not directly or indirectly assign, transfer, sell,
resell, or transfer by gift or bequest, or otherwise convey any
insurance policy that is or has been the subject of a viatical
settlement agreement, to any person, custodian, investor,
investor group, or other entity that does not hold a Washington license as a viatical settlement provider, issued by the
commissioner.
(2) Any attempted transfer to any person, custodian,
investor, investor group, or other entity not holding such a
license is void, and all rights in the insurance policy are
restored to the viator as of the date of the purported transfer,
except that the viator is not required to return the proceeds of
the original viatical settlement agreement to the viatical settlement provider. The commissioner may allow exceptions to
this subsection, by rule. [1995 c 161 § 9.]
sible accelerated benefits before entering into a viatical settlement agreement, licensing and examination requirements
for applicants for a license as a viatical settlement broker,
when benefits are or are not reasonable in relation to the rate
fee, or other compensation, and bond requirements for either
or both viatical settlement providers or viatical settlement
brokers. [1995 c 161 § 10.]
48.102.055 Consumer protection act applies—Civil
action—Damages—Costs—Attorneys’ fees. (1) The legislature finds that the subject of viatical settlements is of vital
importance to the public interest for the purpose of applying
the consumer protection act, chapter 19.86 RCW. Violations
of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter
is an unfair or deceptive act in trade or commerce. It is also an
unfair method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW.
(2) Any person who is injured by a violation of this chapter may bring a civil action against a viatical settlement provider in superior court to recover his or her actual damages.
The court may increase the award of damages to an amount
not more than three times the actual damages sustained, and
in addition the court may award costs and attorneys’ fees to
the injured person. [1995 c 161 § 11.]
48.102.055
48.102.900 Short title—1995 c 161. This act may be
known and cited as the viatical settlements act. [1995 c 161
§ 12.]
48.102.900
48.102.901 Application of chapter 21.20 RCW—1995
c 161. The provisions of this chapter do not affect the application of chapter 21.20 RCW. [1995 c 161 § 13.]
48.102.901
48.102.045
48.102.050 Rules as necessary to implement chapter.
The commissioner may adopt rules as necessary to implement this chapter. This includes, but is not limited to, the
adoption of rules regarding minimum capital requirements
for viatical settlement providers, training and examination
requirements for viatical settlement brokers, requiring a prospective viator to contact his or her life insurer regarding pos48.102.050
[Title 48 RCW—page 464]
Chapter 48.104 RCW
HOLOCAUST VICTIMS INSURANCE RELIEF ACT
Chapter 48.104
Sections
48.104.010
48.104.020
48.104.030
48.104.040
48.104.050
48.104.060
48.104.070
48.104.080
48.104.090
48.104.100
48.104.110
48.104.120
48.104.130
48.104.900
48.104.901
48.104.902
48.104.903
Historical context—Policy declarations—Intent.
Findings.
Definitions.
Holocaust survivor assistance office.
Holocaust insurance company registry—Authority—Availability of information.
Holocaust insurance company registry—Operations—Penalties—Funding.
Penalties.
Suspension of certificate of authority for failure to comply
with chapter.
Cooperation with international commission—Application of
chapter.
Private rights of action preserved—Venue.
Extension of statute of limitations.
Adoption of rules.
Annual report to legislature.
Short title—1999 c 8.
Captions not law—1999 c 8.
Severability—1999 c 8.
Expiration date—1999 c 8.
48.104.010 Historical context—Policy declarations—
Intent. (Expires December 31, 2010.) (1) The legislature
recognizes the existence of allegations that certain insurers
doing business in the state of Washington, either directly or
through related companies and affiliates, have failed to honor
48.104.010
(2008 Ed.)
Holocaust Victims Insurance Relief Act
insurance policies issued during the World War II era.
Although such policies were issued outside of the state of
Washington, Washington has a clear obligation to seek justice for its citizens and residents.
(2) The legislature recognizes that allegations regarding
a failure to pay legitimate insurance claims threaten the integrity of the insurance market. The basic commodity that insurers sell is trust. Policyholders pay substantial sums to insurers
trusting that at a future date, perhaps decades later, the insurer
will protect them and their loved ones. An insurer that violates this trust should not be authorized to do business in this
state or own or control insurers doing business in this state,
lest the integrity of this state’s insurance market be compromised.
(3) The legislature recognizes that hundreds of Holocaust survivors and heirs of Holocaust victims are citizens or
residents of the state of Washington. The legislature is concerned by allegations that citizens or residents of the state of
Washington may have been deprived of their contractual
entitlement to benefits under insurance policies issued by
insurance companies operating in Europe prior to and during
World War II. The state of Washington has a public policy
interest in assuring that all of its citizens and residents,
including Holocaust survivors, their families, and the heirs of
Holocaust victims, who are entitled to proceeds of insurance
policies are treated reasonably and fairly and that any contractual obligations are honored.
(4) The legislature recognizes that the business of insurance is one affected by the public interest, requiring that all
persons conducting it be actuated by good faith, abstain from
deception, and practice honesty and equity in all insurance
matters. The insurance commissioner is currently authorized
to refuse, suspend, or revoke the certificate of authority of
insurers that are affiliated directly or indirectly through ownership, control, reinsurance or other insurance or business
relations with any person, persons, or entities whose business
operations are or have been marked, to the detriment of policyholders or the public, or by bad faith. The insurance commissioner is also currently authorized to provide assistance to
members of the public in resolving complaints involving
insurers. It is the intent of the legislature to provide additional
resources to the insurance commissioner to implement this
authority, to authorize the insurance commissioner to cooperate with other state regulators with regard to such policies,
and to authorize the insurance commissioner to cooperate
with and act through the international commission concerning World War II era policies established under the efforts of
the national association of insurance commissioners. [1999 c
8 § 1.]
48.104.020
48.104.020 Findings. (Expires December 31, 2010.)
The legislature finds the following:
(1) In addition to the many atrocities that befell the victims of the Nazi regime, in many cases insurance policy proceeds were not paid to the victims and their families.
(2) In many instances, insurance company records are
the only proof of insurance policies held. In some cases, recollection of those policies’ very existence may have perished
along with the Holocaust victims.
(2008 Ed.)
48.104.030
(3) Several hundred Holocaust survivors and their families, or the heirs of Holocaust victims live in Washington
today.
(4) Insurance companies doing business in the state of
Washington have a responsibility to ensure that any involvement they or their related companies had with insurance policies of Holocaust victims are disclosed to the state to ensure
the rapid payment to victims and their survivors of any proceeds to which they may be entitled.
(5) There has been established an international commission to investigate and facilitate the payment of insurance
policies to victims of the Holocaust and their survivors. It is
in the best interest of the people of the state of Washington to
authorize the insurance commissioner to cooperate with and
coordinate his or her activities with the international commission.
(6) Other states are establishing Holocaust survivor
assistance offices and registries of insurance policies and
Holocaust victims in order to identify policyholders and their
survivors to whom policy proceeds may be payable. It is in
the best interest of the people of the state of Washington to
authorize the insurance commissioner to cooperate with and
coordinate his or her activities with those other states.
(7) In addition to unpaid insurance policies, Holocaust
victims lost unknown billions of dollars of assets seized by
Nazi Germany and its allies and collaborators in Germany
and Nazi-occupied Europe between 1933 and 1945. [1999 c
8 § 2.]
48.104.030 Definitions. (Expires December 31, 2010.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Holocaust survivor" or "Holocaust victim" means
any person who was persecuted, imprisoned or liable to
imprisonment, or had property taken or confiscated during
the period of 1933 to 1945, inclusive, by Nazi Germany, its
allies, or sympathizers based on that person’s race, religion,
ethnicity, physical or mental disability, sexual orientation, or
similar class or group-based animus.
(2) "Related company" means any parent, subsidiary,
successor in interest, managing general agent, or other person
or company affiliated directly or indirectly through ownership, control, common ownership or control, or other business or insurance relationship with another company or
insurer.
(3) "Insurer" means an entity holding a certificate of
authority or license to conduct the business of insurance in
this state, or whose contacts with this state satisfy the constitutional requirements for jurisdiction, that sold life, property,
liability, health, annuities, dowry, educational, casualty, or
any other insurance covering persons or property to persons
in Europe at any time before 1945, whether directly or
through or as [a] result of sales by a related company, or is
itself a related company to any person, entity, or insurance
company that sold such policies, whether the sale of the
insurance occurred before or after becoming related.
(4) "Proceeds" means the face or other payout value of
policies and annuities plus reasonable interest to date of payments without diminution for wartime or immediate postwar
currency devaluation legally due under any insurance policy
issued by an insurer or any related company.
48.104.030
[Title 48 RCW—page 465]
48.104.040
Title 48 RCW: Insurance
(5) "International commission" means the international
commission on Holocaust era insurance claims, referenced in
and established under a memorandum of understanding originally dated April 8, 1998, between and among the insurance
commissioner, various other state insurance regulators, various alien insurance companies, and worldwide Jewish
groups, which commission held its first meeting in New York
on October 21, 1998, and any successor.
(6) "Other assets" means the proceeds of bank accounts,
gold, art, houses, businesses, other real estate properties or
land, or the contents of homes, businesses, or other real estate
properties of Holocaust survivors or victims. [1999 c 8 § 3.]
48.104.040 Holocaust survivor assistance office.
(Expires December 31, 2010.) (1) To assist Holocaust victims, their heirs, or their beneficiaries to recover proceeds
from insurance policies that were improperly denied or processed, or from other assets, or both, the insurance commissioner may establish a Holocaust survivor assistance office.
(2) The insurance commissioner may appoint or deputize
personnel to be engaged or employed by the Holocaust survivor assistance office and utilize insurance department personnel to resolve or settle claims of Holocaust victims. The
insurance commissioner may also engage outside auditors or
other qualified personnel to assist in the investigation of
claims made by Holocaust victims, their heirs, or their beneficiaries.
(3) The insurance commissioner may cooperate and
exchange information with other states establishing similar
Holocaust survivor assistance offices and with the international commission, and may enter into agreements whereby a
single processing office may be established on behalf of, and
to provide services to the residents of, several states. [1999 c
8 § 4.]
48.104.040
48.104.050 Holocaust insurance company registry—
Authority—Availability of information. (Expires December 31, 2010.) (1) To facilitate the work of the Holocaust survivor assistance office, the insurance commissioner may
establish and maintain a central registry containing records
and information relating to insurance policies, as described in
RCW 48.104.060, of victims, living and deceased, of the
Holocaust. The registry shall be known as the Holocaust
insurance company registry. The insurance commissioner
shall establish standards and procedures to make the information in the registry available to the public to the extent necessary and appropriate to determine the existence of insurance
policies and to identify beneficiaries, successors in interest,
or other persons entitled to the proceeds of such policies, and
to enable such persons to claim proceeds to which they may
be entitled, while protecting the privacy of policyholders,
their survivors, and their family members. All information
received by the Holocaust insurance company registry or
Holocaust survivor assistance office from any insurer, related
company, or foreign government or regulator shall be considered and deemed to be matters and information relating to an
examination and part of an examination report that the insurance commissioner may treat as confidential and withhold
from public inspection under RCW 48.03.040(6)(c) and
48.03.050. To the extent necessary and appropriate to secure
48.104.050
[Title 48 RCW—page 466]
access to documents and information located in or subject to
the jurisdiction of other states and countries, the insurance
commissioner is authorized to enter into agreements or to
provide assurances that any or all documents and information
received from an entity regulated by or subject to the laws of
such other state or country, or received from any agency of
the government of any such state or country, will be treated as
confidential by the insurance commissioner and will not be
disclosed to any person except with the approval of the
appropriate authority of such state or country or except as
permitted or authorized by the laws of such state or country,
and any such agreement shall be binding and enforceable notwithstanding chapter 42.56 RCW. To the extent necessary
and appropriate to secure access to documents and information from or in the possession of the international commission as to which the international commission has given
assurances of confidentiality or privacy, the insurance commissioner is authorized to enter into agreements or to provide
assurances that any or all such documents and information
will be treated as confidential by the insurance commissioner
and will not be disclosed to any person except with the
approval of the international commission or as permitted by
any agreement or assurances given by the international commission, and any such agreement shall be binding and
enforceable notwithstanding chapter 42.56 RCW.
(2) The insurance commissioner may cooperate and
exchange information with other states establishing similar
registries and with the international commission, and may
enter into agreements whereby a single registry may be established on behalf of, and to provide services to the citizens and
residents of, several states. [2005 c 274 § 318; 1999 c 8 § 5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
48.104.060 Holocaust insurance company registry—
Operations—Penalties—Funding. (Expires December 31,
2010.) (1) Any insurer that sold life, property, liability,
health, annuities, dowry, educational, or casualty insurance
policies, to persons in Europe, that were in effect any time
between 1933 and 1945, regardless of when the policy was
initially purchased or written, shall within ninety days following July 25, 1999, or such later date as the insurance commissioner may establish, file or cause to be filed the following information with the insurance commissioner to be
entered into the Holocaust insurance company registry:
(a) A list of such insurance policies;
(b) The insureds, beneficiaries, and face amounts of such
policies;
(c) A comparison of the names and other available identifying information of insureds and beneficiaries of such policies and the names and other identifying information of the
victims of the Holocaust. The names and other identifying
information of victims of the Holocaust shall be provided by
the office of the insurance commissioner and may be
obtained from the United States Holocaust museum and the
Yad Vashem repository in Israel, or other sources;
(d) For each such policy, whichever of the following that
may apply:
(i) That the proceeds of the policy have been paid to the
designated beneficiaries or their heirs where that person or
persons, after diligent search, could be located and identified;
48.104.060
(2008 Ed.)
Holocaust Victims Insurance Relief Act
(ii) That the proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or
identified, have been distributed to Holocaust survivors or to
qualified charitable nonprofit organizations for the purpose
of assisting Holocaust survivors;
(iii) That a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs,
and beneficiaries, a plan for the distribution of the proceeds;
(iv) That the proceeds have not been distributed and the
amount of those proceeds.
(2) The destruction of any records or other materials pertaining to such policies shall be a class C felony according to
chapter 9A.20 RCW. Evidence of the destruction of such
material shall be admissible in both administrative and judicial proceedings as evidence in support of any claim being
made against the insurer involving the destroyed material.
(3) An insurer currently doing business in the state that
did not sell any insurance policies in Europe prior to 1945
except through or as a result of sales by a related company
shall not be subject to this section if a related company,
whether or not authorized and currently doing business in the
state, has made a filing with the insurance commissioner
under this section.
(4) The insurance commissioner may fund the costs of
operating both the Holocaust survivor assistance office and
the Holocaust claims registry by assessments upon those
insurers providing information to the Holocaust insurance
company registry. The insurance commissioner shall establish standards and procedures to fairly allocate the costs of
the Holocaust insurance company registry and Holocaust survivor assistance office among such insurers. The insurance
commissioner is expressly authorized to allocate such costs
based on the number of policies reported or, based on the
total monetary amount of the policies as determined by their
face amounts without regard to inflation, interest, or depreciation.
(5) The insurance commissioner is authorized to conduct
investigations and examinations of insurers for the purpose of
determining compliance with this chapter, verifying the accuracy and completeness of any and all information furnished
to the Holocaust insurance company registry and the Holocaust survivor assistance office, and developing and securing
such additional information as may be necessary or appropriate to determine those entitled to payment under any policy
and the proceeds to which such person may be entitled, if
any. Any such investigation shall be considered to be an
examination under chapter 48.03 RCW. The costs of any
such examination will be borne by the insurer investigated, or
the insurer to whom the related company is related, pursuant
to RCW 48.03.060(2). Examinations may be conducted in
this state, or in the state or country of residence of the insurer
or related company, or at such other place or country where
the records to be examined may be located.
(6) The insurance commissioner may permit the Holocaust insurance company registry or the Holocaust survivor
assistance office or both to accept information and to assist
claimants with regard to the location and recovery of property or assets taken or confiscated from Holocaust victims
other than insurance policies if the insurance commissioner
finds that doing so would not adversely affect the operations
of the registry or Holocaust survivor assistance office with
(2008 Ed.)
48.104.080
regard to insurance policies. However, all costs and expenses,
including that of personnel, attributable to such noninsurance
assets shall be separately accounted for and shall not be
assessed against insurers under subsections (4) and (5) of this
section and shall not be paid from the general funds of the
office of the insurance commissioner, but shall be paid solely
from contributions or donations received for that purpose.
(a) The insurance commissioner may accept contributions from any other person wishing to fund the operations of
the Holocaust survivor assistance office or the Holocaust
insurance company registry to facilitate the resolution of
claims involving Holocaust victims.
(b) The insurance commissioner is authorized to assist in
the creation of an entity to accept tax deductible contributions
to support activities conducted by the Holocaust survivor
assistance office and the Holocaust insurance company registry.
(c) The insurance commissioner, through the Holocaust
survivor assistance office, is authorized, with the consent of
the parties, to act as mediator of any dispute involving the
claim of a Holocaust victim or his or her heirs or beneficiaries
arising from an occurrence during the period between January 1, 1933, and December 31, 1945.
(7) The insurance commissioner is authorized to cooperate with and exchange information with other states with similar Holocaust insurance company registries or Holocaust
survivor assistance offices, with the national association of
insurance commissioners, with foreign countries and with the
international commission. The insurance commissioner is
authorized to enter into agreements to handle the processing
of claims and registry functions of other states, and to have
other states handle all or part of the registry and claims processing functions for this state, as the insurance commissioner may determine to be appropriate. The insurance commissioner is authorized to enter into agreements with other
states and the international commission to treat and consider
information submitted to them as submitted to this state for
[the] purpose of complying with this chapter. As part of any
such agreement, the insurance commissioner may agree to
reimburse any other state for expenses or costs incurred and
such reimbursement shall be recovered by the insurance commissioner as an expense of operating the Holocaust insurance
company registry and Holocaust survivor assistance office
under subsections (4) and (5) of this section, and to accept
reimbursement from any other state for services with regard
to residents of such other state.
(8) A finding by the insurance commissioner that a claim
subject to the provisions of this section should be paid shall
be regarded by any court as highly persuasive evidence that
such claim should be paid. [1999 c 8 § 6.]
48.104.070 Penalties. (Expires December 31, 2010.)
Any insurer that knowingly files information required by this
chapter that is false shall be liable for a civil penalty not to
exceed ten thousand dollars for each violation. [1999 c 8 §
7.]
48.104.070
48.104.080 Suspension of certificate of authority for
failure to comply with chapter. (Expires December 31,
2010.) The insurance commissioner is authorized to suspend
48.104.080
[Title 48 RCW—page 467]
48.104.090
Title 48 RCW: Insurance
the certificate of authority to conduct insurance business in
the state of Washington of any insurer that fails to comply
with the requirements of this chapter by or after one hundred
twenty days after July 25, 1999, until the time that the insurer
complies with this chapter. Such suspension shall not affect
or relieve the insurer from its obligations to service its existing insureds, and shall not permit the insurer to terminate its
existing insureds, except pursuant to the terms of the insurance contract, but shall prohibit the insurer from writing new
business in this state until the suspension is lifted by the
insurance commissioner. [1999 c 8 § 8.]
48.104.090
48.104.090 Cooperation with international commission—Application of chapter. (Expires December 31,
2010.) The insurance commissioner may suspend the application of this chapter to any insurer that is participating in the
international commission process in good faith and is working through the international commission to resolve all outstanding claims with offers of fair settlements in a reasonable
time frame. If, however, the international commission fails to
establish a mechanism to accomplish identification, adjudication, and payment of insurance policy claims of Holocaust
survivors or victims within a reasonable time, then all provisions of this chapter shall come into effect as to any such
insurer. For purposes of this section, a reasonable time shall
mean by January 1, 2000, or such later date as the insurance
commissioner may establish by rule. [1999 c 8 § 9.]
48.104.100
48.104.100 Private rights of action preserved—
Venue. (Expires December 31, 2010.) Any Holocaust survivor, or heir or beneficiary of a Holocaust survivor or victim,
who resides in this state and has a claim against an insurer
arising out of an insurance policy or policies purchased or in
effect in Europe before 1945 from that insurer may bring a
legal action against that insurer to recover on that claim in the
superior court of the county in which any plaintiff resides,
which court shall be vested with jurisdiction over that action.
[1999 c 8 § 10.]
48.104.900 Short title—1999 c 8. (Expires December
31, 2010.) This chapter shall be known and cited as the Holocaust victim insurance relief act of 1999. [1999 c 8 § 14.]
48.104.900
48.104.901 Captions not law—1999 c 8. (Expires
December 31, 2010.) Captions used in this chapter are not
any part of the law. [1999 c 8 § 15.]
48.104.901
48.104.902 Severability—1999 c 8. (Expires December 31, 2010.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [1999 c 8 § 17.]
48.104.902
48.104.903 Expiration date—1999 c 8. (Expires
December 31, 2010.) This chapter expires December 31,
2010. [1999 c 8 § 18.]
48.104.903
Chapter 48.110 RCW
SERVICE CONTRACTS AND PROTECTION
PRODUCT GUARANTEES
Chapter 48.110
Sections
48.110.010
48.110.015
48.110.020
48.110.030
48.110.033
48.110.040
48.110.050
48.110.055
48.110.060
48.110.070
48.110.073
48.110.075
48.110.080
48.104.110
48.104.110 Extension of statute of limitations.
(Expires December 31, 2010.) Any action brought by a
Holocaust survivor or the heir or beneficiary of a Holocaust
survivor or victim, seeking proceeds of the insurance policies
issued or in effect before 1945 shall not be dismissed for failure to comply with the applicable statute of limitations, provided the action is commenced on or before December 31,
2010. [1999 c 8 § 11.]
48.104.120
48.104.120 Adoption of rules. (Expires December 31,
2010.) The insurance commissioner may adopt rules to
implement this chapter. [1999 c 8 § 12.]
48.104.130
48.104.130 Annual report to legislature. (Expires
December 31, 2010.) The insurance commissioner shall
report to the legislature one year from July 25, 1999, and
annually thereafter on the implementation of this law and resolution of Holocaust claims. [1999 c 8 § 13.]
[Title 48 RCW—page 468]
48.110.090
48.110.100
48.110.110
48.110.120
48.110.130
48.110.140
48.110.150
48.110.900
48.110.901
48.110.902
48.110.903
48.110.904
Finding—Declaration—Purpose.
Exempt from title—Application of chapter.
Definitions.
Registration required—Application—Required information—Grounds for refusal—Annual renewal.
Application of RCW 48.110.030—Exceptions.
Filing of annual report—Fee—Investigations—Confidentiality.
Obligations of service contract provider—Limited application.
Protection product guarantee providers—Obligations—
Application—Required information—Grounds for
refusal—Annual renewal.
Reimbursement insurance policies insuring service contracts
or protection product guarantees.
Service contracts—Form—Required contents—Limited
application.
Service contract forms—Motor vehicles—Reliance on reimbursement insurance policy.
Service contracts on motor vehicles—Obligations of provider—Contract requirements.
Name of service contract provider or protection product
guarantee provider—Use of legal name—False or misleading statements—Restrictions on requirement to purchase service contract.
Recordkeeping of service contract provider or protection
product guarantee provider—Requirements—Duration—
Form.
Termination of reimbursement insurance policy.
Service contract provider or protection product guarantee
provider—Agent of insurer which issued reimbursement
insurance policy.
Commissioner may conduct investigations.
Denial, suspension, or revocation of registration—Immediate
suspension without notice or hearing—Fine.
Application of consumer protection act.
Rules.
Date of application to service contracts.
Severability—1999 c 112.
Application of chapter to motor vehicle manufacturers or
import distributors.
Severability—2006 c 274.
Effective date—2006 c 274.
48.110.010 Finding—Declaration—Purpose. The
legislature finds that increasing numbers of businesses are
selling service contracts for repair, replacement, and maintenance of motor vehicles, appliances, computers, electronic
equipment, and other consumer products. There are risks that
48.110.010
(2008 Ed.)
Service Contracts and Protection Product Guarantees
contract obligors will close or otherwise be unable to fulfill
their contract obligations that could result in unnecessary and
preventable losses to citizens of this state. The legislature
declares that it is necessary to establish standards that will
safeguard the public from possible losses arising from the
conduct or cessation of the business of service contract obligors or the mismanagement of funds paid for service contracts. The purpose of this chapter is to create a legal framework within which service contracts may be sold in this state
and to set forth requirements for conducting a service contract business. [2006 c 274 § 1; 1999 c 112 § 1.]
48.110.015 Exempt from title—Application of chapter. (1) The following are exempt from this title:
(a) Warranties;
(b) Maintenance agreements; and
(c) Service contracts:
(i) Paid for with separate and additional consideration;
(ii) Issued at the point of sale, or within sixty days of the
original purchase date of the property; and
(iii) On tangible property when the tangible property for
which the service contract is sold has a purchase price of fifty
dollars or less, exclusive of sales tax.
(2) This chapter does not apply to:
(a) Vehicle mechanical breakdown insurance;
(b) Service contracts on tangible personal property purchased by persons who are not consumers; and
(c) Home heating fuel service contracts offered by home
heating energy providers. [2006 c 274 § 2; 2006 c 36 § 16;
2000 c 208 § 1; 1999 c 112 § 2.]
48.110.015
Reviser’s note: This section was amended by 2006 c 36 § 16 and by
2006 c 274 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2006 c 36: See RCW 48.111.901.
48.110.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Administrator" means the person who is responsible
for the administration of the service contracts, the service
contracts plan, or the protection product guarantees.
(2) "Commissioner" means the insurance commissioner
of this state.
(3) "Consumer" means an individual who buys any tangible personal property that is primarily for personal, family,
or household use.
(4) "Incidental costs" means expenses specified in the
guarantee incurred by the protection product guarantee
holder related to damages to other property caused by the
failure of the protection product to perform as provided in the
guarantee. "Incidental costs" may include, without limitation, insurance policy deductibles, rental vehicle charges, the
difference between the actual value of the stolen vehicle at
the time of theft and the cost of a replacement vehicle, sales
taxes, registration fees, transaction fees, and mechanical
inspection fees. Incidental costs may be paid under the provisions of the protection product guarantee in either a fixed
amount specified in the protection product guarantee or sales
agreement, or by the use of a formula itemizing specific incidental costs incurred by the protection product guarantee
holder to be paid.
48.110.020
(2008 Ed.)
48.110.020
(5) "Protection product" means any product offered or
sold with a guarantee to repair or replace another product or
pay incidental costs upon the failure of the product to perform
pursuant to the terms of the protection product guarantee.
(6) "Protection product guarantee" means a written
agreement by a protection product guarantee provider to
repair or replace another product or pay incidental costs upon
the failure of the protection product to perform pursuant to
the terms of the protection product guarantee.
(7) "Protection product guarantee provider" means a person who is contractually obligated to the protection product
guarantee holder under the terms of the protection product
guarantee. Protection product guarantee provider does not
include an authorized insurer providing a reimbursement
insurance policy.
(8) "Protection product guarantee holder" means a person who is the purchaser or permitted transferee of a protection product guarantee.
(9) "Protection product seller" means the person who
sells the protection product to the consumer.
(10) "Maintenance agreement" means a contract of limited duration that provides for scheduled maintenance only.
(11) "Motor vehicle" means any vehicle subject to registration under chapter 46.16 RCW.
(12) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock
company, reciprocal insurer, syndicate, or any similar entity
or combination of entities acting in concert.
(13) "Premium" means the consideration paid to an
insurer for a reimbursement insurance policy.
(14) "Provider fee" means the consideration paid by a
consumer for a service contract.
(15) "Reimbursement insurance policy" means a policy
of insurance that is issued to a service contract provider or a
protection product guarantee provider to provide reimbursement to the service contract provider or the protection product guarantee provider or to pay on behalf of the service contract provider or the protection product guarantee provider all
contractual obligations incurred by the service contract provider or the protection product guarantee provider under the
terms of the insured service contracts or protection product
guarantees issued or sold by the service contract provider or
the protection product guarantee provider.
(16) "Service contract" means a contract or agreement
for consideration over and above the lease or purchase price
of the property for a specific duration to perform the repair,
replacement, or maintenance of property or the indemnification for repair, replacement, or maintenance for operational
or structural failure due to a defect in materials or workmanship, or normal wear and tear. Service contracts may provide
for the repair, replacement, or maintenance of property for
damage resulting from power surges and accidental damage
from handling, with or without additional provision for incidental payment of indemnity under limited circumstances,
including towing, rental, emergency road services, or other
expenses relating to the failure of the product or of a component part thereof.
(17) "Service contract holder" or "contract holder"
means a person who is the purchaser or holder of a service
contract.
[Title 48 RCW—page 469]
48.110.030
Title 48 RCW: Insurance
(18) "Service contract provider" means a person who is
contractually obligated to the service contract holder under
the terms of the service contract.
(19) "Service contract seller" means the person who sells
the service contract to the consumer.
(20) "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services without consideration; that is not negotiated or separated from the
sale of the product and is incidental to the sale of the product;
and that guarantees indemnity for defective parts, mechanical
or electrical breakdown, labor, or other remedial measures,
such as repair or replacement of the property or repetition of
services.
(21) "Home heating fuel service contract" means a contract or agreement for a separately stated consideration for a
specific duration to perform the repair, replacement, or maintenance of a home heating fuel supply system including the
fuel tank and all visible pipes, caps, lines, and associated
parts or the indemnification for repair, replacement, or maintenance for operational or structural failure due to a defect in
materials or workmanship, or normal wear and tear. [2006 c
274 § 3; 2006 c 36 § 17; 2000 c 208 § 2; 1999 c 112 § 3.]
Reviser’s note: This section was amended by 2006 c 36 § 17 and by
2006 c 274 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2006 c 36: See RCW 48.111.901.
48.110.030 Registration required—Application—
Required information—Grounds for refusal—Annual
renewal. (1) A person may not act as, or offer to act as, or
hold himself or herself out to be a service contract provider in
this state, nor may a service contract be sold to a consumer in
this state, unless the service contract provider has a valid registration as a service contract provider issued by the commissioner.
(2) Applicants to be a service contract provider must
make an application to the commissioner upon a form to be
furnished by the commissioner. The application must include
or be accompanied by the following information and documents:
(a) All basic organizational documents of the service
contract provider, including any articles of incorporation,
articles of association, partnership agreement, trade name
certificate, trust agreement, shareholder agreement, bylaws,
and other applicable documents, and all amendments to those
documents;
(b) The identities of the service contract provider’s executive officer or officers directly responsible for the service
contract provider’s service contract business, and, if more
than fifty percent of the service contract provider’s gross revenue is derived from the sale of service contracts, the identities of the service contract provider’s directors and stockholders having beneficial ownership of ten percent or more of
any class of securities;
(c) Audited annual financial statements or other financial
reports acceptable to the commissioner for the two most
recent years which prove that the applicant is solvent and any
information the commissioner may require in order to review
the current financial condition of the applicant. If the service
contract provider is relying on RCW 48.110.050(2)(c) to
48.110.030
[Title 48 RCW—page 470]
assure the faithful performance of its obligations to service
contract holders, then the audited financial statements of the
service contract provider’s parent company must also be
filed;
(d) An application fee of two hundred fifty dollars,
which shall be deposited into the general fund; and
(e) Any other pertinent information required by the commissioner.
(3) The applicant shall appoint the commissioner as its
attorney to receive service of legal process in any action, suit,
or proceeding in any court. This appointment is irrevocable
and shall bind the service contract provider or any successor
in interest, shall remain in effect as long as there is in force in
this state any contract or any obligation arising therefrom
related to residents of this state, and shall be processed in
accordance with RCW 48.05.210.
(4) The commissioner may refuse to issue a registration
if the commissioner determines that the service contract provider, or any individual responsible for the conduct of the
affairs of the service contract provider under subsection
(2)(b) of this section, is not competent, trustworthy, financially responsible, or has had a license as a service contract
provider or similar license denied or revoked for cause by any
state.
(5) A registration issued under this section is valid,
unless surrendered, suspended, or revoked by the commissioner, or not renewed for so long as the service contract provider continues in business in this state and remains in compliance with this chapter. A registration is subject to renewal
annually on the first day of July upon application of the service contract provider and payment of a fee of two hundred
dollars, which shall be deposited into the general fund. If not
so renewed, the registration expires on the June 30th next
preceding.
(6) A service contract provider shall keep current the
information required to be disclosed in its registration under
this section by reporting all material changes or additions
within thirty days after the end of the month in which the
change or addition occurs. [2006 c 274 § 4; 2005 c 223 § 33;
1999 c 112 § 4.]
48.110.033 Application of RCW 48.110.030—Exceptions. (1) Except for service contract providers or protection
product guarantee providers, persons marketing, selling, or
offering to sell service contracts or protection products for
providers are exempt from the registration requirements of
RCW 48.110.030.
(2) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts or protection products by service contract providers or
protection product guarantee providers and related service
contract or protection product sellers, administrators, and
other persons complying with this chapter are exempt from
the other provisions of this title, except chapters 48.04 and
48.30 RCW and as otherwise provided in this chapter. [2006
c 274 § 19.]
48.110.033
48.110.040 Filing of annual report—Fee—Investigations—Confidentiality. (1) Every registered service contract provider must file an annual report for the preceding cal48.110.040
(2008 Ed.)
Service Contracts and Protection Product Guarantees
endar year with the commissioner on or before March 1st of
each year, or within any extension of time the commissioner
for good cause may grant. The report must be in the form and
contain those matters as the commissioner prescribes and
shall be verified by at least two officers of the service contract provider.
(2) At the time of filing the report, the service contract
provider must pay a filing fee of twenty dollars which shall
be deposited into the general fund.
(3) As part of any investigation by the commissioner, the
commissioner may require a service contract provider to file
monthly financial reports whenever, in the commissioner’s
discretion, there is a need to more closely monitor the financial activities of the service contract provider. Monthly
financial statements must be filed in the commissioner’s
office no later than the twenty-fifth day of the month following the month for which the financial report is being filed.
These monthly financial reports are the internal financial
statements of the service contract provider. The monthly
financial reports that are filed with the commissioner constitute information that might be damaging to the service contract provider if made available to its competitors, and therefore shall be kept confidential by the commissioner. This
information may not be made public or be subject to subpoena, other than by the commissioner and then only for the
purpose of enforcement actions taken by the commissioner.
[2006 c 274 § 5; 2005 c 223 § 34; 1999 c 112 § 5.]
48.110.050 Obligations of service contract provider—Limited application. (1) Service contracts shall not
be issued, sold, or offered for sale in this state or sold to consumers in this state unless the service contract provider has:
(a) Provided a receipt for, or other written evidence of,
the purchase of the service contract to the contract holder;
and
(b) Provided a copy of the service contract to the service
contract holder within a reasonable period of time from the
date of purchase.
(2) In order to either demonstrate its financial responsibility or assure the faithful performance of the service contract provider’s obligations to its service contract holders,
every service contract provider shall comply with the requirements of one of the following:
(a) Insure all service contracts under a reimbursement
insurance policy issued by an insurer holding a certificate of
authority from the commissioner or a risk retention group, as
defined in 15 U.S.C. Sec. 3901(a)(4), as long as that risk
retention group is in full compliance with the federal liability
risk retention act of 1986 (15 U.S.C. Sec. 3901 et seq.), is in
good standing in its domiciliary jurisdiction, and is properly
registered with the commissioner under chapter 48.92 RCW.
The insurance required by this subsection must meet the following requirements:
(i) The insurer or risk retention group must, at the time
the policy is filed with the commissioner, and continuously
thereafter, maintain surplus as to policyholders and paid-in
capital of at least fifteen million dollars and annually file
audited financial statements with the commissioner; and
(ii) The commissioner may authorize an insurer or risk
retention group that has surplus as to policyholders and paidin capital of less than fifteen million dollars, but at least equal
48.110.050
(2008 Ed.)
48.110.050
to ten million dollars, to issue the insurance required by this
subsection if the insurer or risk retention group demonstrates
to the satisfaction of the commissioner that the company
maintains a ratio of direct written premiums, wherever written, to surplus as to policyholders and paid-in capital of not
more than three to one;
(b)(i) Maintain a funded reserve account for its obligations under its service contracts issued and outstanding in this
state. The reserves shall not be less than forty percent of the
gross consideration received, less claims paid, on the sale of
the service contract for all in-force contracts. The reserve
account shall be subject to examination and review by the
commissioner; and
(ii) Place in trust with the commissioner a financial security deposit, having a value of not less than five percent of the
gross consideration received, less claims paid, on the sale of
the service contract for all service contracts issued and in
force, but not less than twenty-five thousand dollars, consisting of one of the following:
(A) A surety bond issued by an insurer holding a certificate of authority from the commissioner;
(B) Securities of the type eligible for deposit by authorized insurers in this state;
(C) Cash;
(D) An evergreen letter of credit issued by a qualified
financial institution; or
(E) Another form of security prescribed by rule by the
commissioner; or
(c)(i) Maintain, or its parent company maintain, a net
worth or stockholder’s equity of at least one hundred million
dollars; and
(ii) Upon request, provide the commissioner with a copy
of the service contract provider’s or the service contract provider’s parent company’s most recent form 10-K or form 20F filed with the securities and exchange commission within
the last calendar year, or if the company does not file with the
securities and exchange commission, a copy of the service
contract provider’s or the service contract provider’s parent
company’s audited financial statements, which shows a net
worth of the service contract provider or its parent company
of at least one hundred million dollars. If the service contract
provider’s parent company’s form 10-K, form 20-F, or
audited financial statements are filed with the commissioner
to meet the service contract provider’s financial stability
requirement, then the parent company shall agree to guarantee the obligations of the service contract provider relating to
service contracts sold by the service contract provider in this
state. A copy of the guarantee shall be filed with the commissioner. The guarantee shall be irrevocable as long as there is
in force in this state any contract or any obligation arising
from service contracts guaranteed, unless the parent company
has made arrangements approved by the commissioner to satisfy its obligations under the guarantee.
(3) Service contracts shall require the service contract
provider to permit the service contract holder to return the
service contract within twenty days of the date the service
contract was mailed to the service contract holder or within
ten days of delivery if the service contract is delivered to the
service contract holder at the time of sale, or within a longer
time period permitted under the service contract. Upon
return of the service contract to the service contract provider
[Title 48 RCW—page 471]
48.110.055
Title 48 RCW: Insurance
within the applicable period, if no claim has been made under
the service contract prior to the return to the service contract
provider, the service contract is void and the service contract
provider shall refund to the service contract holder, or credit
the account of the service contract holder with the full purchase price of the service contract. The right to void the service contract provided in this subsection is not transferable
and shall apply only to the original service contract purchaser. A ten percent penalty per month shall be added to a
refund of the purchase price that is not paid or credited within
thirty days after return of the service contract to the service
contract provider.
(4) This section does not apply to service contracts on
motor vehicles or to protection product guarantees. [2006 c
274 § 6; 1999 c 112 § 6.]
48.110.055 Protection product guarantee providers—Obligations—Application—Required information—Grounds for refusal—Annual renewal. (1) This
section applies to protection product guarantee providers.
(2) A person shall not act as, or offer to act as, or hold
himself or herself out to be a protection product guarantee
provider in this state, nor may a protection product be sold to
a consumer in this state, unless the protection product guarantee provider has:
(a) A valid registration as a protection product guarantee
provider issued by the commissioner; and
(b) Either demonstrated its financial responsibility or
assured the faithful performance of the protection product
guarantee provider’s obligations to its protection product
guarantee holders by insuring all protection product guarantees under a reimbursement insurance policy issued by an
insurer holding a certificate of authority from the commissioner or a risk retention group, as defined in 15 U.S.C. Sec.
3901(a)(4), as long as that risk retention group is in full compliance with the federal liability risk retention act of 1986 (15
U.S.C. Sec. 3901 et seq.), is in good standing in its domiciliary jurisdiction, and properly registered with the commissioner under chapter 48.92 RCW. The insurance required by
this subsection must meet the following requirements:
(i) The insurer or risk retention group must, at the time
the policy is filed with the commissioner, and continuously
thereafter, maintain surplus as to policyholders and paid-in
capital of at least fifteen million dollars and annually file
audited financial statements with the commissioner; and
(ii) The commissioner may authorize an insurer or risk
retention group that has surplus as to policyholders and paidin capital of less than fifteen million dollars, but at least equal
to ten million dollars, to issue the insurance required by this
subsection if the insurer or risk retention group demonstrates
to the satisfaction of the commissioner that the company
maintains a ratio of direct written premiums, wherever written, to surplus as to policyholders and paid-in capital of not
more than three to one.
(3) Applicants to be a protection product guarantee provider shall make an application to the commissioner upon a
form to be furnished by the commissioner. The application
shall include or be accompanied by the following information
and documents:
(a) The names of the protection product guarantee provider’s executive officer or officers directly responsible for
48.110.055
[Title 48 RCW—page 472]
the protection product guarantee provider’s protection product guarantee business and their biographical affidavits on a
form prescribed by the commissioner;
(b) The name, address, and telephone number of any
administrators designated by the protection product guarantee provider to be responsible for the administration of protection product guarantees in this state;
(c) A copy of the protection product guarantee reimbursement insurance policy or policies;
(d) A copy of each protection product guarantee the protection product guarantee provider proposes to use in this
state;
(e) Any other pertinent information required by the commissioner; and
(f) A nonrefundable application fee of two hundred fifty
dollars.
(4) The applicant shall appoint the commissioner as its
attorney to receive service of legal process in any action, suit,
or proceeding in any court. This appointment is irrevocable
and shall bind the protection product guarantee provider or
any successor in interest, shall remain in effect as long as
there is in force in this state any protection product guarantee
or any obligation arising therefrom related to residents of this
state, and shall be processed in accordance with RCW
48.05.210.
(5) The commissioner may refuse to issue a registration
if the commissioner determines that the protection product
guarantee provider, or any individual responsible for the conduct of the affairs of the protection product guarantee provider under subsection (3)(a) of this section, is not competent, trustworthy, financially responsible, or has had a license
as a protection product guarantee provider or similar license
denied or revoked for cause by any state.
(6) A registration issued under this section is valid,
unless surrendered, suspended, or revoked by the commissioner, or not renewed for so long as the protection product
guarantee provider continues in business in this state and
remains in compliance with this chapter. A registration is
subject to renewal annually on the first day of July upon
application of the protection product guarantee provider and
payment of a fee of two hundred fifty dollars. If not so
renewed, the registration expires on the June 30th next preceding.
(7) A protection product guarantee provider shall keep
current the information required to be disclosed in its registration under this section by reporting all material changes or
additions within thirty days after the end of the month in
which the change or addition occurs. [2006 c 274 § 17.]
48.110.060 Reimbursement insurance policies insuring service contracts or protection product guarantees.
(1) Reimbursement insurance policies insuring service contracts or protection product guarantees issued, sold, or
offered for sale in this state or issued or sold to consumers in
this state shall state that the insurer that issued the reimbursement insurance policy shall reimburse or pay on behalf of the
service contract provider or the protection product guarantee
provider all sums the service contract provider or the protection product guarantee provider is legally obligated to pay,
including but not limited to the refund of the full purchase
price of the service contract to the service contract holder or
48.110.060
(2008 Ed.)
Service Contracts and Protection Product Guarantees
shall provide the service which the service contract provider
or the protection product guarantee provider is legally obligated to perform according to the service contract provider’s
or protection product guarantee provider’s contractual obligations under the service contracts or protection product
guarantees issued or sold by the service contract provider or
the protection product guarantee provider.
(2) The reimbursement insurance policy shall fully
insure the obligations of the service contract provider or protection product guarantee provider, rather than partially
insure, or insure only in the event of service contract provider
or protection product guarantee provider default.
(3) The reimbursement insurance policy shall state that
the service contract holder or protection product guarantee
holder is entitled to apply directly to the reimbursement
insurance company for payment or performance due. [2006
c 274 § 7; 1999 c 112 § 7.]
48.110.070 Service contracts—Form—Required
contents—Limited application. (1) Service contracts marketed, sold, offered for sale, issued, made, proposed to be
made, or administered in this state or sold to residents of this
state shall be written, printed, or typed in clear, understandable language that is easy to read, and disclose the requirements set forth in this section, as applicable.
(2) Service contracts insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and
48.110.060 shall not be issued, sold, or offered for sale in this
state or sold to residents of this state unless the service contract conspicuously contains a statement in substantially the
following form: "Obligations of the service contract provider
under this service contract are insured under a service contract reimbursement insurance policy." The service contract
shall also conspicuously state the name and address of the
issuer of the reimbursement insurance policy and state that
the service contract holder is entitled to apply directly to the
reimbursement insurance company.
(3) Service contracts not insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and
48.110.060 shall contain a statement in substantially the following form: "Obligations of the service contract provider
under this contract are backed by the full faith and credit of
the service contract provider."
(4) Service contracts shall state the name and address of
the service contract provider and shall identify any administrator if different from the service contract provider, the service contract seller, and the service contract holder to the
extent that the name of the service contract holder has been
furnished by the service contract holder. The identities of
such parties are not required to be preprinted on the service
contract and may be added to the service contract at the time
of sale.
(5) Service contracts shall state the purchase price of the
service contract and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the
time of sale.
(6) Service contracts shall state the procedure to obtain
service or to file a claim, including but not limited to the procedures for obtaining prior approval for repair work, the tollfree telephone number if prior approval is necessary for ser48.110.070
(2008 Ed.)
48.110.073
vice, and the procedure for obtaining emergency repairs performed outside of normal business hours or provide for
twenty-four-hour telephone assistance.
(7) Service contracts shall state the existence of any
deductible amount, if applicable.
(8) Service contracts shall specify the merchandise,
parts, and services to be provided and any limitations, exceptions, or exclusions.
(9) Service contracts shall state any restrictions governing the transferability of the service contract, if applicable.
(10) Service contracts shall state the terms, restrictions,
or conditions governing cancellation of the service contract
prior to the termination or expiration date of the service contract by either the service contract provider or by the service
contract holder, which rights can be no more restrictive than
provided in RCW 48.110.050(3). The service contract provider of the service contract shall mail a written notice to the
service contract holder at the last known address of the service contract holder contained in the records of the service
contract provider at least twenty-one days prior to cancellation by the service contract provider. The notice shall state
the effective date of the cancellation and the true and actual
reason for the cancellation.
(11) Service contracts shall set forth the obligations and
duties of the service contract holder, including but not limited
to the duty to protect against any further damage and any
requirement to follow owner’s manual instructions.
(12) Service contracts shall state whether or not the service contract provides for or excludes consequential damages
or preexisting conditions.
(13) Service contracts shall state any exclusions of coverage.
(14) Service contracts shall not contain a provision
which requires that any civil action brought in connection
with the service contract must be brought in the courts of a
jurisdiction other than this state. Service contracts that authorize binding arbitration to resolve claims or disputes must
allow for arbitration proceedings to be held at a location in
closest proximity to the service contract holder’s permanent
residence.
This section does not apply to service contracts on motor
vehicles or to protection product guarantees. [2006 c 274 § 8;
1999 c 112 § 8.]
48.110.073 Service contract forms—Motor vehicles—Reliance on reimbursement insurance policy. (1) If
the service contract provider or protection product guarantee
provider is using [the] reimbursement insurance policy to sati s f y t h e r eq u i r e m e n t s o f R C W 4 8 . 1 1 0 .0 5 0 ( 2 ) ( a ) ,
48.110.055(2)(b), or 48.110.075(2)(a), then the reimbursement insurance policy shall be filed with and approved by the
commissioner in accordance with and pursuant to the requirements of chapter 48.18 RCW.
(2) All service contracts forms covering motor vehicles
must be filed with and approved by the commissioner prior to
the service contract forms being used, issued, delivered, sold,
or marketed in this state or to residents of this state.
(3) All service contracts forms covering motor vehicles
being used, issued, delivered, sold, or marketed in this state
or to residents of this state by motor vehicle manufacturers or
import distributors or wholly owned subsidiaries thereof
48.110.073
[Title 48 RCW—page 473]
48.110.075
Title 48 RCW: Insurance
must be filed with the commissioner for approval within sixty
days after the motor vehicle manufacturer or import distributor or wholly owned subsidiary thereof begins using the service contracts forms.
(4) The commissioner shall disapprove any motor vehicle service contract form if:
(a) The form is in any respect in violation of, or does not
comply with, this chapter or any applicable order or regulation of the commissioner issued under this chapter;
(b) The form contains or incorporates by reference any
inconsistent, ambiguous, or misleading clauses, or exceptions
and conditions;
(c) The form has any title, heading, or other indication of
its provisions that is misleading; or
(d) The purchase of the contract is being solicited by
deceptive advertising. [2006 c 274 § 20.]
48.110.075 Service contracts on motor vehicles—
Obligations of provider—Contract requirements. (1)
This section applies to service contracts on motor vehicles.
(2) Service contracts shall not be issued, sold, or offered
for sale in this state or sold to consumers in this state unless:
(a) The service contract provider has either demonstrated
its financial responsibility or assured the faithful performance
of the service contract provider’s obligations to its service
contract holders by insuring all service contracts under a
reimbursement insurance policy issued by an insurer holding
a certificate of authority from the commissioner or a risk
retention group, as defined in 15 U.S.C. Sec. 3901(a)(4), as
long as that risk retention group is in full compliance with the
federal liability risk retention act of 1986 (15 U.S.C. Sec.
3901 et seq.), is in good standing in its domiciliary jurisdiction, and properly registered with the commissioner under
chapter 48.92 RCW. The insurance required by this subsection must meet the following requirements:
(i) The insurer or risk retention group must, at the time
the policy is filed with the commissioner, and continuously
thereafter, maintain surplus as to policyholders and paid-in
capital of at least fifteen million dollars and annually file
audited financial statements with the commissioner; and
(ii) The commissioner may authorize an insurer or risk
retention group that has surplus as to policyholders and paidin capital of less than fifteen million dollars, but at least equal
to ten million dollars, to issue the insurance required by this
subsection if the insurer or risk retention group demonstrates
to the satisfaction of the commissioner that the company
maintains a ratio of direct written premiums, wherever written, to surplus as to policyholders and paid-in capital of not
more than three to one;
(b) The service contract conspicuously states that the
obligations of the provider to the service contract holder are
guaranteed under the reimbursement insurance policy, the
name and address of the issuer of the reimbursement insurance policy, the applicable policy number, and the means by
which a service contract holder may file a claim under the
policy;
(c) The service contract conspicuously and unambiguously states the name and address of the service contract provider and identifies any administrator if different from the
service contract provider, the service contract seller, and the
service contract holder. The identity of the service contract
48.110.075
[Title 48 RCW—page 474]
seller and the service contract holder are not required to be
preprinted on the service contract and may be added to the
service contract at the time of sale;
(d) The service contract states the purchase price of the
service contract and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the
time of sale;
(e) The contract contains a conspicuous statement that
has been initialed by the service contract holder and discloses:
(i) Any material conditions that the service contract
holder must meet to maintain coverage under the contract
including, but not limited to, any maintenance schedule to
which the service contract holder must adhere, any requirement placed on the service contract holder for documenting
repair or maintenance work, any duty to protect against any
further damage, and any procedure to which the service contract holder must adhere for filing claims;
(ii) The work and parts covered by the contract;
(iii) Any time or mileage limitations;
(iv) That the implied warranty of merchantability on the
motor vehicle is not waived if the contract has been purchased within ninety days of the purchase date of the motor
vehicle from a provider or service contract seller who also
sold the motor vehicle covered by the contract;
(v) Any exclusions of coverage; and
(vi) The contract holder’s right to return the contract for
a refund, which right can be no more restrictive than provided
for in subsection (4) of this section;
(f) The service contract states the procedure to obtain
service or to file a claim, including but not limited to the procedures for obtaining prior approval for repair work, the tollfree telephone number if prior approval is necessary for service, and the procedure for obtaining emergency repairs performed outside of normal business hours or for obtaining
twenty-four-hour telephone assistance;
(g) The service contract states the existence of any
deductible amount, if applicable;
(h) The service contract states any restrictions governing
the transferability of the service contract, if applicable; and
(i) The service contract states whether or not the service
contract provides for or excludes consequential damages or
preexisting conditions.
(3) Service contracts shall not contain a provision which
requires that any civil action brought in connection with the
service contract must be brought in the courts of a jurisdiction
other than this state. Service contracts that authorize binding
arbitration to resolve claims or disputes must allow for arbitration proceedings to be held at a location in closest proximity to the service contract holder’s permanent residence.
(4)(a) At a minimum, every provider shall permit the service contract holder to return the contract within thirty days
of its purchase if no claim has been made under the contract,
and shall refund to the holder the full purchase price of the
contract unless the service contract holder returns the contract ten or more days after its purchase, in which case the
provider may charge a cancellation fee not exceeding twentyfive dollars.
(b) If no claim has been made and a contract holder
returns the contract after thirty days, the provider shall refund
(2008 Ed.)
Service Contracts and Protection Product Guarantees
the purchase price pro rata based upon either elapsed time or
mileage computed from the date the contract was purchased
and the mileage on that date, less a cancellation fee not
exceeding twenty-five dollars.
(c) A ten percent penalty shall be added to any refund
that is not paid within thirty days of return of the contract to
the provider.
(d) If a contract holder returns the contract under this
subsection, the contract is void from the beginning and the
parties are in the same position as if no contract had been
issued.
(e) If a service contract holder returns the contract in
accordance with this section, the insurer issuing the reimbursement insurance policy covering the contract shall refund
to the provider the full premium by the provider for the contract if canceled within thirty days or a pro rata refund if canceled after thirty days.
(5) A service contract provider shall not deny a claim for
coverage based upon the service contract holder’s failure to
properly maintain the vehicle, unless the failure to maintain
the vehicle involved the failed part or parts.
(6) A contract provider has only sixty days from the date
of the sale of the service contract to the holder to determine
whether or not the vehicle qualifies under the provider’s program for that vehicle. After sixty days the vehicle qualifies
for the service contract that was issued and the service contract provider may not cancel the contract and is fully obligated under the terms of the contract sold to the service contract holder. [2006 c 274 § 18.]
48.110.080 Name of service contract provider or protection product guarantee provider—Use of legal name—
False or misleading statements—Restrictions on requirement to purchase service contract. (1) A service contract
provider or protection product guarantee provider shall not
use in its name the words insurance, casualty, guaranty,
surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business; or a name deceptively similar to the name or description of any insurance or
surety corporation, or to the name of any other service contract provider or protection product guarantee provider. This
subsection does not apply to a company that was using any of
the prohibited language in its name prior to January 1, 1999.
However, a company using the prohibited language in its
name shall conspicuously disclose in its service contracts or
protection product guarantees the following statement: "This
agreement is not an insurance contract."
(2) Every service contract provider or protection product
guarantee provider shall conduct its business in its own legal
name, unless the commissioner has approved the use of
another name.
(3) A service contract provider or protection product
guarantee provider or their representatives shall not in their
service contracts or protection product guarantees or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement
that would be considered misleading if omitted.
(4) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller shall not
require the purchase of a service contract or protection prod48.110.080
(2008 Ed.)
48.110.110
uct as a condition of a loan or a condition for the sale of any
property. [2006 c 274 § 9; 1999 c 112 § 9.]
48.110.090 Recordkeeping of service contract provider or protection product guarantee provider—
Requirements—Duration—Form. (1) The service contract
provider or protection product guarantee provider shall keep
accurate accounts, books, and records concerning transactions regulated under this chapter.
(2) The service contract provider’s or protection product
guarantee provider’s accounts, books, and records shall
include the following:
(a) Copies of each type of service contract or protection
product guarantees offered, issued, or sold;
(b) The name and address of each service contract holder
or protection product guarantee holder, to the extent that the
name and address have been furnished by the service contract
holder or protection product guarantee holder;
(c) A list of the locations where the service contracts or
protection products are marketed, sold, or offered for sale;
and
(d) Written claim files that contain at least the dates,
amounts, and descriptions of claims related to the service
contracts or protection products.
(3) Except as provided in subsection (5) of this section,
the service contract provider or protection product guarantee
provider shall retain all records required to be maintained by
subsection (1) of this section for at least six years after the
specified coverage has expired.
(4) The records required under this chapter may be, but
are not required to be, maintained on a computer disk or other
recordkeeping technology. If the records are maintained in
other than hard copy, the records shall be capable of duplication to legible hard copy.
(5) A service contract provider or protection product
guarantee provider discontinuing business in this state shall
maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service
contract holders or protection product guarantee holders in
this state. [2006 c 274 § 10; 1999 c 112 § 10.]
48.110.090
48.110.100 Termination of reimbursement insurance
policy. As applicable, an insurer that issued a reimbursement
insurance policy shall not terminate the policy until a notice
of termination in accordance with RCW 48.18.290 has been
given to the service contract provider or protection product
guarantee provider and has been delivered to the commissioner. The termination of a reimbursement insurance policy
does not reduce the issuer’s responsibility for service contracts issued by service contract providers or protection product guarantees issued by protection product guarantee providers prior to the effective date of the termination. [2006 c 274
§ 11; 1999 c 112 § 11.]
48.110.100
48.110.110 Service contract provider or protection
product guarantee provider—Agent of insurer which
issued reimbursement insurance policy. (1) Service contract providers or protection product guarantee providers are
considered to be the agent of the insurer which issued the
reimbursement insurance policy for purposes of obligating
48.110.110
[Title 48 RCW—page 475]
48.110.120
Title 48 RCW: Insurance
the insurer to service contract holders or protection product
guarantee holders in accordance with the service contract or
protection product guarantee holders and this chapter. Payment of the provider fee by the consumer to the service contract seller, service contract provider, or administrator or payment of consideration for the protection product to the protection product seller constitutes payment by the consumer to
the service contract provider or protection product guarantee
provider and to the insurer which issued the reimbursement
insurance policy. In cases where a service contract provider
or protection product guarantee provider is acting as an
administrator and enlists other service contract providers or
protection product guarantee providers, the service contract
provider or protection product guarantee provider acting as
the administrator shall notify the insurer of the existence and
identities of the other service contract providers or protection
product guarantee providers.
(2) This chapter does not prevent or limit the right of an
insurer which issued a reimbursement insurance policy to
seek indemnification or subrogation against a service contract provider or protection product guarantee provider if the
issuer pays or is obligated to pay the service contract holder
or protection product guarantee holder sums that the service
contract provider or protection product guarantee provider
was obligated to pay under the provisions of the service contract or protection product guarantee. [2006 c 274 § 12; 1999
c 112 § 12.]
48.110.120
48.110.120 Commissioner may conduct investigations. (1) The commissioner may conduct investigations of
service contract providers or protection product guarantee
providers, administrators, service contract sellers or protection product sellers, insurers, and other persons to enforce
this chapter and protect service contract holders or protection
product guarantee holders in this state. Upon request of the
commissioner, the service contract provider or protection
product guarantee provider shall make all accounts, books,
and records concerning service contracts or protection products offered, issued, or sold by the service contract provider
or protection product guarantee provider available to the
commissioner which are necessary to enable the commissioner to determine compliance or noncompliance with this
chapter.
(2) The commissioner may take actions under RCW
48.02.080 or 48.04.050 which are necessary or appropriate to
enforce this chapter and the commissioner’s rules and orders,
and to protect service contract holders or protection product
guarantee holders in this state. [2006 c 274 § 13; 1999 c 112
§ 13.]
48.110.130
48.110.130 Denial, suspension, or revocation of registration—Immediate suspension without notice or hearing—Fine. (1) The commissioner may, subject to chapter
48.04 RCW, deny, suspend, or revoke the registration of a
service contract provider or protection product guarantee provider if the commissioner finds that the service contract provider or protection product guarantee provider:
(a) Has violated this chapter or the commissioner’s rules
and orders;
[Title 48 RCW—page 476]
(b) Has refused to be investigated or to produce its
accounts, records, and files for investigation, or if any of its
officers have refused to give information with respect to its
affairs or refused to perform any other legal obligation as to
an investigation, when required by the commissioner;
(c) Has, without just cause, refused to pay proper claims
or perform services arising under its contracts or has, without
just cause, caused service contract holders or protection product guarantee holders to accept less than the amount due them
or caused service contract holders or protection product guarantee holders to employ attorneys or bring suit against the
service contract provider or protection product guarantee provider to secure full payment or settlement of claims;
(d) Is affiliated with or under the same general management or interlocking directorate or ownership as another service contract provider or protection product guarantee provider which unlawfully transacts business in this state without having a registration;
(e) At any time fails to meet any qualification for which
issuance of the registration could have been refused had such
failure then existed and been known to the commissioner;
(f) Has been convicted of, or has entered a plea of guilty
or nolo contendere to, a felony;
(g) Is under suspension or revocation in another state
with respect to its service contract business or protection
product business;
(h) Has made a material misstatement in its application
for registration;
(i) Has obtained or attempted to obtain a registration
through misrepresentation or fraud;
(j) Has, in the transaction of business under its registration, used fraudulent, coercive, or dishonest practices;
(k) Has failed to pay any judgment rendered against it in
this state regarding a service contract or protection product
guarantee within sixty days after the judgment has become
final; or
(l) Has failed to respond promptly to any inquiry from
the insurance commissioner relative to service contract or
protection product business. A lack of response within fifteen business days from receipt of an inquiry is untimely. A
response must be in writing, unless otherwise indicated in the
inquiry.
(2) The commissioner may, without advance notice or
hearing thereon, immediately suspend the registration of a
service contract provider or protection product guarantee provider if the commissioner finds that any of the following circumstances exist:
(a) The provider is insolvent;
(b) A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the service contract provider or protection product guarantee provider has been commenced in any state; or
(c) The financial condition or business practices of the
service contract provider or protection product guarantee provider otherwise pose an imminent threat to the public health,
safety, or welfare of the residents of this state.
(3) If the commissioner finds that grounds exist for the
suspension or revocation of a registration issued under this
chapter, the commissioner may, in lieu of suspension or revocation, impose a fine upon the service contract provider or
protection product guarantee provider in an amount not more
(2008 Ed.)
Home Heating Fuel Service Contracts
than two thousand dollars per violation. [2006 c 274 § 14;
1999 c 112 § 14.]
48.110.140
48.110.140 Application of consumer protection act.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86
RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act or practice
in the conduct of trade or commerce and an unfair method of
competition, as specifically contemplated by RCW
19.86.020, and is a violation of the consumer protection act,
chapter 19.86 RCW. Any service contract holder or protection product guarantee holder injured as a result of a violation
of a provision of this chapter shall be entitled to maintain an
action pursuant to chapter 19.86 RCW against the service
contract provider or protection product guarantee provider
and the insurer issuing the applicable service contract or protection product guarantee reimbursement insurance policy
and shall be entitled to all of the rights and remedies afforded
by that chapter. [2006 c 274 § 15; 1999 c 112 § 15.]
48.110.150
48.110.150 Rules. The commissioner may adopt rules
to implement and administer this chapter. [1999 c 112 § 16.]
48.110.900
48.110.900 Date of application to service contracts.
This chapter applies to all service contracts, other than on
motor vehicles, sold or offered for sale ninety or more days
after July 25, 1999. This chapter applies to all service contracts on motor vehicles and protection products sold or
offered for sale after September 30, 2006. [2006 c 274 § 16;
1999 c 112 § 17.]
48.110.901
48.110.901 Severability—1999 c 112. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 112 § 19.]
48.110.902
48.110.902 Application of chapter to motor vehicle
manufacturers or import distributors. (1) RCW
48.110.030 (2)(a) and (b), (3), and (4), 48.110.040,
48.110.060, 48.110.100, 48.110.110, 48.110.075 (2)(a) and
(b) and (4)(e), and 48.110.073 (1) and (2) do not apply to
motor vehicle service contracts issued by a motor vehicle
manufacturer or import distributor covering vehicles manufactured or imported by the motor vehicle manufacturer or
import distributor.
(2) RCW 48.110.030(2)(c) does not apply to a publicly
traded motor vehicle manufacturer or import distributor.
(3) RCW 48.110.030 (2)(a) through (c), (3), and (4),
48.110.040, and 48.110.073(2) do not apply to wholly owned
subsidiaries of motor vehicle manufacturers or import distributors.
(4) The adoption of chapter 274, Laws of 2006 does not
imply that a vehicle protection product warranty was insurance prior to October 1, 2006. [2006 c 274 § 21.]
(2008 Ed.)
48.111.010
48.110.903 Severability—2006 c 274. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 274 § 22.]
48.110.903
48.110.904 Effective date—2006 c 274. This act takes
effect October 1, 2006. [2006 c 274 § 24.]
48.110.904
Chapter 48.111 RCW
HOME HEATING FUEL SERVICE CONTRACTS
Chapter 48.111
Sections
48.111.005
48.111.010
48.111.020
48.111.030
48.111.040
48.111.050
48.111.053
48.111.055
48.111.060
48.111.070
48.111.080
48.111.090
48.111.100
48.111.110
48.111.900
48.111.901
Findings—Purpose.
Definitions.
Registration required—Application—Required information—
Grounds for refusal—Annual renewal.
Filing of reports—Investigations—Confidentiality.
Obligations of contract provider.
Reimbursement insurance policies insuring home heating fuel
service contracts.
Termination of reimbursement insurance policies.
Insurer issuing reimbursement insurance policy—Contract
provider is agent.
Home heating fuel service contracts—Form—Required contents.
Name of contract provider—Use of legal name—False or misleading statements—Restrictions on requirement to purchase
service contracts.
Recordkeeping of contract provider—Requirements—Form.
Commissioner may conduct investigations.
Denial, suspension, or revocation of registration—Immediate
suspension without notice or hearing—Fine.
Rules.
Application.
Severability—2006 c 36.
48.111.005 Findings—Purpose. The legislature finds
that certain service contracts involving providers of home
heating fuel and homeowners are in the public interest. The
legislature further finds that the existing statutory provisions
regulating service contracts are more burdensome than is
necessary to safeguard homeowners from the risk that a contract obligor will close or be unable to fulfill their contract
obligations. The legislature declares that it is necessary to
establish separate standards that will safeguard certain homeowners from possible losses arising from the cessation of
business of a home heating fuel company or the mismanagement of funds paid for home heating fuel service contracts.
The purpose of this chapter is to create a legal framework
within which home heating fuel service contracts may be sold
in this state and set forth requirements for conducting a service contract business. [2006 c 36 § 1.]
48.111.005
48.111.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means the person who is responsible
for the administration of the service contracts or the service
contracts plan.
(2) "Commissioner" means the insurance commissioner
of this state.
(3) "Consumer" means an individual who buys any tangible personal property that is primarily for personal, family,
or household use.
48.111.010
[Title 48 RCW—page 477]
48.111.020
Title 48 RCW: Insurance
(4) "Home heating fuel service contract" means a contract or agreement for a separately stated consideration for a
specific duration to perform the repair, replacement, or maintenance of a customer-owned home heating fuel supply system including the fuel tank and all visible pipes, caps, lines,
and associated parts or the indemnification for repair,
replacement, or maintenance for operational or structural
failure due to a defect in materials or workmanship, or normal wear and tear.
(5) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock
company, reciprocal insurer, syndicate, or any similar entity
or combination of entities acting in concert.
(6) "Premium" means the consideration paid to an
insurer for a reimbursement insurance policy.
(7) "Provider fee" means the consideration paid by a
consumer for a home heating fuel service contract.
(8) "Reimbursement insurance policy" means a policy of
insurance that is issued to a service contract provider to provide reimbursement to the service contract provider or to pay
on behalf of the service contract provider all contractual obligations incurred by the service contract provider under the
terms of the insured service contracts issued or sold by the
service contract provider.
(9) "Home heating fuel service contract holder" or "contract holder" means a person who is the purchaser or holder of
a home heating fuel service contract.
(10) "Home heating fuel service contract provider" or
"contract provider" means a person who is providing home
heating fuel delivery services to the customer and is contractually obligated to the home heating fuel service contract
holder under the terms of the service contract.
(11) "Home heating fuel service contract seller" means
the person who sells the home heating fuel service contract to
the consumer.
(12) "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services without consideration; that is not negotiated or separated from the
sale of the product and is incidental to the sale of the product;
and that guarantees indemnity for defective parts, mechanical
or electrical breakdown, labor, or other remedial measures,
such as repair or replacement of the property or repetition of
services. [2006 c 36 § 2.]
48.111.020 Registration required—Application—
Required information—Grounds for refusal—Annual
renewal. (1) A person shall not act as, or offer to act as, or
hold himself or herself out to be a home heating fuel service
contract provider in this state, nor may a home heating fuel
service contract be sold to a consumer in this state, unless the
contract provider has a valid registration as a home heating
fuel service contract provider issued by the commissioner.
(2) Applicants to be a home heating fuel service contract
provider shall make an application to the commissioner upon
a form to be furnished by the commissioner. The application
must include or be accompanied by the following information and documents:
(a) All basic organizational documents of the home heating fuel service contract provider, including any articles of
incorporation, articles of association, partnership agreement,
trade name certificate, trust agreement, shareholder agree48.111.020
[Title 48 RCW—page 478]
ment, bylaws, and other applicable documents, and all
amendments to those documents;
(b) The identities of the contract provider’s executive
officer or officers directly responsible for the contract provider’s home heating fuel service contract business;
(c) Annual financial statements or other financial reports
acceptable to the commissioner for the two most recent years
which prove that the applicant is solvent and any information
the commissioner may require in order to review the current
financial condition of the applicant;
(d) An application fee of one hundred dollars, which
must be deposited into the general fund; and
(e) Any other pertinent information required by the commissioner.
(3) The commissioner may refuse to issue a registration
if the commissioner determines that the home heating fuel
service contract provider, or any individual responsible for
the conduct of the affairs of the contract provider under subsection (2)(b) of this section, is not competent, trustworthy,
or financially responsible.
(4) A registration issued under this section is valid,
unless surrendered, suspended, or revoked by the commissioner, or not renewed for so long as the service contract provider continues in business in this state and remains in compliance with this chapter. A registration is subject to renewal
annually on July 1st upon application of the home heating
fuel service contract provider and payment of a fee of twentyfive dollars, which must be deposited into the general fund.
If not so renewed, the registration expires on June 30th next
preceding.
(5) A home heating fuel service contract provider shall
keep current the information required to be disclosed in its
registration under this section by reporting all material
changes or additions within thirty days after the end of the
month in which the change or addition occurs. [2007 c 80 §
1; 2006 c 36 § 3.]
48.111.030 Filing of reports—Investigations—Confidentiality. (1) Every registered home heating fuel service
contract provider that is assuring its faithful performance of
its obligations to its contract holders by complying with
RCW 48.111.040(2)(b) shall file an annual report for the preceding calendar year with the commissioner on or before
March 1st of each year, or within any extension of time the
commissioner for good cause may grant. The report must be
in the form and contain those matters as the commissioner
prescribes and must be verified by at least two officers of the
home heating fuel service contract provider.
(2) As part of an investigation by the commissioner, the
commissioner may require a home heating fuel service contract provider to file monthly financial reports whenever, in
the commissioner’s discretion, there is a need to more closely
monitor the financial activities of the service contract provider. Monthly financial statements must be filed in the commissioner’s office no later than the twenty-fifth day of the
month following the month for which the financial report is
being filed. These monthly financial reports must be the
internal financial statements of the service contract provider.
The monthly financial reports that are filed with the commissioner constitute information that might be damaging to the
service contract provider if made available to its competitors,
48.111.030
(2008 Ed.)
Home Heating Fuel Service Contracts
and therefore shall be kept confidential by the commissioner.
This information may not be made public or be subject to
subpoena, other than by the commissioner and then only for
the purpose of enforcement actions taken by the commissioner. [2006 c 36 § 4.]
48.111.040 Obligations of contract provider. (1)
Home heating fuel service contracts may not be issued, sold,
or offered for sale in this state or sold to consumers in this
state unless the contract provider has:
(a) Provided a receipt for, or other written evidence of,
the purchase of the home heating fuel service contract to the
contract holder; and
(b) Provided a copy of the home heating fuel service
contract to the service contract holder within a reasonable
period of time from the date of purchase.
(2) In order to assure the faithful performance of a home
heating fuel service contract provider’s obligations to its contract holders, every home heating fuel service contract provider is responsible for complying with the requirements of
one of the following:
(a) Insure all home heating fuel service contracts under a
reimbursement insurance policy issued by an insurer holding
a certificate of authority from the commissioner; or
(b)(i) Maintain a funded reserve account for its obligations under its home heating service contracts issued and outstanding in this state. The reserves may not be less than forty
percent of the gross consideration received, less claims paid,
on the sale of the home heating fuel service contract for all
in-force contracts. The reserve account is subject to examination and review by the insurance commissioner; and
(ii) Place in trust with the commissioner a financial security deposit, having a value of not less than five percent of the
gross consideration received, less claims paid, on the sale of
the service contract for all service contracts issued and in
force, but not less than ten thousand dollars, consisting of one
of the following:
(A) A surety bond issued by an insurer holding a certificate of authority from the commissioner;
(B) Securities of the type eligible for deposit by authorized insurers in this state;
(C) Cash;
(D) An evergreen letter of credit issued by a qualified
financial institution;
(E) A pledged certificate of deposit issued by a qualified
financial institution; or
(F) Another form of security prescribed by rule by the
commissioner.
(3) Home heating fuel service contracts must require the
contract provider to permit the contract holder to return the
home heating fuel service contract within thirty days of the
date the home heating fuel service contract was delivered to
the contract holder, or within a longer time period permitted
under the home heating fuel service contract. Upon return of
the home heating fuel service contract to the contract provider within the applicable period, if no claim has been made
under the home heating fuel service contract prior to the
return to the contract provider, the home heating fuel service
contract is void and the contract provider shall refund to the
contract holder, or credit the account of the contract holder
with the full purchase price of the home heating fuel service
48.111.040
(2008 Ed.)
48.111.055
contract. The right to void the home heating fuel service contract provided in this subsection is not transferable and
applies only to the original contract purchaser. A ten percent
penalty per month must be added to a refund of the purchase
price that is not paid or credited within thirty days after return
of the home heating fuel service contract to the contract provider.
(4) Except for home heating fuel service contract providers, persons marketing, selling, or offering to sell home heating service contracts for providers are exempt from the registration requirements of this chapter.
(5) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of home heating
fuel service contracts by contract providers and related contract sellers, administrators, and other persons complying
with this chapter are exempt from the other provisions of this
title, except chapter 48.04 RCW and as otherwise provided in
this chapter. [2006 c 36 § 5.]
48.111.050 Reimbursement insurance policies insuring home heating fuel service contracts. (1) Reimbursement insurance policies insuring home heating fuel service
contracts issued, sold, or offered for sale in this state or sold
to consumers in this state must state that the insurer that
issued the reimbursement insurance policy shall reimburse or
pay on behalf of the contract provider all sums the contract
provider is legally obligated to pay, including but not limited
to the refund of the full purchase price of the contract to the
contract holder or shall provide the service which the contract
provider is legally obligated to perform according to the contract provider’s contractual obligations under the home heating fuel service contracts issued or sold by the contract provider.
(2) The reimbursement insurance policy must fully
insure the obligations of the contract provider, rather than
partially insure, or insure only in the event of contract provider default.
(3) The reimbursement insurance policy must state that
the contract holder is entitled to apply directly to the reimbursement insurance company. [2006 c 36 § 6.]
48.111.050
48.111.053 Termination of reimbursement insurance
policies. As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a
notice of termination in accordance with RCW 48.18.290 has
been given to the home heating fuel service contract provider
and has been delivered to the commissioner. The termination
of a reimbursement insurance policy does not reduce the
issuer’s responsibility for home heating fuel service contracts
issued by contract providers prior to the effective date of the
termination. [2006 c 36 § 10.]
48.111.053
48.111.055 Insurer issuing reimbursement insurance
policy—Contract provider is agent. (1) Home heating fuel
service contract providers are the agent of the insurer that
issued the reimbursement insurance policy for purposes of
obligating the insurer to contract holders in accordance with
the home heating fuel service contract and this chapter. Payment of the provider fee by the consumer to the home heating
fuel service contract seller, contract provider, or administra48.111.055
[Title 48 RCW—page 479]
48.111.060
Title 48 RCW: Insurance
tor constitutes payment by the consumer to the home heating
fuel service contract provider and to the insurer that issued
the reimbursement insurance policy. In cases when a contract provider is acting as an administrator and enlists other
contract providers, the contract provider acting as the administrator shall notify the insurer of the existence and identities
of the other contract providers.
(2) This chapter does not prevent or limit the right of an
insurer that issued a reimbursement insurance policy to seek
indemnification or subrogation against a home heating fuel
service contract provider if the issuer pays or is obligated to
pay the contract holder sums that the contract provider was
obligated to pay under the provisions of the home heating
fuel service contract. [2006 c 36 § 11.]
48.111.060 Home heating fuel service contracts—
Form—Required contents. (1) Home heating fuel service
contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state or sold to residents of this state must be written, printed, or typed in clear,
understandable language that is easy to read, and disclose the
requirements set forth in this section, as applicable.
(2) Home heating fuel service contracts insured under a
reimbursement insurance policy must not be issued, sold, or
offered for sale in this state or sold to residents of this state
unless the home heating fuel service contract conspicuously
contains a statement in substantially the following form:
"Obligations of the home heating fuel service contract provider under this contract are insured under a contract reimbursement insurance policy." The home heating fuel service
contract must also conspicuously state the name and address
of the issuer of the reimbursement insurance policy and state
that the contract holder is entitled to apply directly to the
reimbursement insurance company.
(3) Service contracts not insured under a reimbursement
insurance policy must contain a statement in substantially the
following form: "Obligations of the home heating fuel service contract provider under this contract are backed by the
full faith and credit of the home heating fuel service contract
provider."
(4) Home heating fuel service contracts must state the
name and address of the contract provider and must identify
any administrator if different from the contract provider, the
contract seller, and the contract holder to the extent that the
name of the contract holder has been furnished by the contract holder. The identities of the parties are not required to
be preprinted on the home heating fuel service contract and
may be added to the home heating fuel service contract at the
time of sale.
(5) Home heating fuel service contracts must state the
purchase price of the contract and the terms under which the
home heating fuel service contract is sold. The purchase
price is not required to be preprinted on the home heating fuel
service contract and may be negotiated at the time of sale.
(6) Home heating fuel service contracts must state the
procedure to obtain service or to file a claim, including but
not limited to the procedures for obtaining prior approval for
repair work, the toll-free telephone number if prior approval
is necessary for service, and the procedure for obtaining
emergency repairs performed outside of normal business
hours or provide for twenty-four hour telephone assistance.
48.111.060
[Title 48 RCW—page 480]
(7) Home heating fuel service contracts must state the
existence of any deductible amount, if applicable.
(8) Home heating fuel service contracts must specify the
merchandise and services to be provided and any limitations,
exceptions, or exclusions.
(9) Home heating fuel service contracts must state any
restrictions governing the transferability of the service contract, if applicable.
(10) Home heating fuel service contracts must state the
terms, restrictions, or conditions governing cancellation of
the home heating fuel service contract prior to the termination or expiration date of the home heating fuel service contract by either the contract provider or by the contract holder,
which rights can be no more restrictive than provided in
RCW 48.111.040. The contract provider of the home heating
fuel service contract shall mail a written notice to the contract
holder at the last known address of the contract holder contained in the records of the contract provider at least
twenty-one days prior to cancellation by the contract provider. The notice must state the effective date of the cancellation and the true and actual reason for the cancellation.
(11) Home heating fuel service contracts must set forth
the obligations and duties of the contract holder, including
but not limited to the duty to protect against any further damage and any requirement to follow owner’s manual instructions.
(12) Home heating fuel service contracts must state
whether or not the home heating fuel service contract provides for or excludes consequential damages or preexisting
conditions.
(13) Home heating fuel service contracts must not contain a provision that requires that any civil action brought in
connection with the home heating fuel service contract must
be brought in the courts of a jurisdiction other than this state.
Home heating service contracts that authorize binding arbitration to resolve claims or disputes may allow for arbitration
proceedings to be held at a location in closest proximity to the
contract holder’s permanent residence. [2006 c 36 § 7.]
48.111.070 Name of contract provider—Use of legal
name—False or misleading statements—Restrictions on
requirement to purchase service contracts. (1) A home
heating fuel service contract provider shall not use in its name
the words insurance, casualty, guaranty, surety, mutual, or
any other words descriptive of the insurance, casualty, guaranty, or surety business; or a name deceptively similar to the
name or description of any insurance or surety corporation, or
to the name of any other home heating fuel service contract
provider. This subsection does not apply to a company that
was using any of the prohibited language in its name prior to
June 7, 2006. However, a company using the prohibited language in its name shall conspicuously disclose in its home
heating fuel service contracts the following statement: "This
agreement is not an insurance contract."
(2) Every home heating fuel service contract provider
shall conduct its business in its own legal name, unless the
commissioner has approved the use of another name.
(3) A home heating fuel service contract provider or its
representative shall not in its contracts or literature make,
permit, or cause to be made any false or misleading state48.111.070
(2008 Ed.)
Home Heating Fuel Service Contracts
ment, or deliberately omit any material statement that would
be considered misleading if omitted.
(4) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller shall not
require the purchase of a home heating fuel service contract
as a condition of a loan or a condition for the sale of any property. [2006 c 36 § 8.]
48.111.080 Recordkeeping of contract provider—
Requirements—Form. (1) The home heating fuel service
contract provider shall keep accurate accounts, books, and
records concerning transactions regulated under this chapter.
(2) The contract provider’s accounts, books, and records
must include the following:
(a) Copies of each type of home heating fuel service contract sold;
(b) The name and address of each contract holder, to the
extent that the name and address have been furnished by the
contract holder; and
(c) Written claim files that contain at least the dates,
amounts, and descriptions of claims related to the service
contracts.
(3) The records required under this chapter may be, but
are not required to be, maintained on a computer disk or other
recordkeeping technology. If the records are maintained in
other than hard copy, the records must be capable of duplication to legible hard copy.
(4) A home heating fuel service contract provider discontinuing business in this state shall maintain its records
until it furnishes the commissioner satisfactory proof that it
has discharged all obligations to service contract holders in
this state. [2006 c 36 § 9.]
48.111.080
48.111.090 Commissioner may conduct investigations. (1) The commissioner may conduct investigations of
home heating fuel service contract providers, administrators,
home heating fuel service contract sellers, insurers, and other
persons to enforce this chapter and protect home heating fuel
service contract holders in this state. Upon request of the
commissioner, the contract provider shall make all accounts,
books, and records concerning home heating fuel service
contracts sold by the contract provider available to the commissioner that are necessary to enable the commissioner to
determine compliance or noncompliance with this chapter.
(2) The commissioner may take actions under RCW
48.02.080 or 48.04.050 that are necessary or appropriate to
enforce this chapter and the commissioner’s rules and orders,
and to protect home heating fuel service contract holders in
this state. [2006 c 36 § 12.]
48.111.090
48.111.100 Denial, suspension, or revocation of registration—Immediate suspension without notice or hearing—Fine. (1) The commissioner may, subject to chapter
48.04 RCW, deny, suspend, or revoke the registration of a
home heating fuel service contract provider if the commissioner finds that the contract provider:
(a) Has violated this chapter or the commissioner’s rules
and orders;
(b) Has refused to be investigated or to produce its
accounts, records, and files for investigation, or if any of its
48.111.901
officers have refused to give information with respect to its
affairs or refused to perform any other legal obligation as to
an investigation, when required by the commissioner;
(c) Has, without just cause, refused to pay proper claims
or perform services arising under its contracts or has, without
just cause, caused home heating fuel service contract holders
to accept less than the amount due them or caused home heating fuel service contract holders to employ attorneys or bring
suit against the contract provider to secure full payment or
settlement of claims;
(d) Is affiliated with or under the same general management or interlocking directorate or ownership as another
home heating fuel service contract provider that unlawfully
transacts business in this state without having a registration;
(e) At any time fails to meet any qualification for which
issuance of the registration could have been refused had that
failure then existed and been known to the commissioner;
(f) Is under suspension or revocation in another state
with respect to its home heating fuel service contract business;
(g) Has made a material misstatement in its application
for registration;
(h) Has obtained or attempted to obtain a registration
through misrepresentation or fraud;
(i) Has, in the transaction of business under its registration, used fraudulent, coercive, or dishonest practices;
(j) Has failed to pay any judgment rendered against it in
this state regarding a home heating fuel service contract
within sixty days after the judgment has become final; or
(k) Has been convicted of, or has entered a plea of guilty
or nolo contendere to, a property or finance-related felony.
(2) The commissioner may, without advance notice or
hearing thereon, immediately suspend the registration of a
home heating fuel service contract provider if the commissioner finds that any of the following circumstances exist:
(a) The provider is insolvent;
(b) A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the
home heating fuel service contract provider has been commenced in any state; or
(c) The financial condition or business practices of the
home heating fuel service contract provider otherwise pose
an imminent threat to the public health, safety, or welfare of
the residents of this state.
(3) If the commissioner finds that grounds exist for the
suspension or revocation of a registration issued under this
chapter, the commissioner may, in lieu of suspension or revocation, impose a fine upon the home heating fuel service contract provider in an amount not more than one thousand dollars per violation. [2006 c 36 § 13.]
48.111.100
(2008 Ed.)
48.111.110 Rules. The commissioner may adopt rules
to implement and administer this chapter. [2006 c 36 § 14.]
48.111.110
48.111.900 Application. This chapter applies to all
home heating fuel service contracts sold or offered for sale
after October 1, 2006. [2006 c 36 § 15.]
48.111.900
48.111.901 Severability—2006 c 36. If any provision
of this act or its application to any person or circumstance is
48.111.901
[Title 48 RCW—page 481]
Chapter 48.115
Title 48 RCW: Insurance
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 36 § 18.]
Chapter 48.115
Chapter 48.115 RCW
RENTAL CAR INSURANCE
Sections
48.115.001
48.115.005
48.115.010
48.115.015
48.115.020
48.115.025
48.115.030
48.115.035
48.115.040
48.115.045
48.115.900
Short title.
Definitions.
License required.
Licensing rental car companies as rental car agents.
Rental car agent endorsees—Duties of rental car agent—
Training—Transaction records.
Restrictions on offer, sale, or solicitation—Consumer information.
Rental car agent prohibitions.
Enforcement—Commissioner may revoke, suspend, or refuse
to issue or renew license.
Treatment of moneys collected from renters purchasing insurance.
Rule making.
Captions not law.
48.115.001 Short title. (Effective until July 1, 2009.)
This chapter may be known and cited as the rental car insurance limited agent license act. [2002 c 273 § 1.]
48.115.001
48.115.001 Short title. (Effective July 1, 2009.) This
chapter may be known and cited as the rental car specialty
insurance producer license act. [2008 c 217 § 85; 2002 c 273
§ 1.]
(7) "Rental car insurance" means insurance offered, sold,
or solicited in connection with and incidental to the rental of
rental cars, whether at the rental office or by preselection of
coverage in master, corporate, group, or individual agreements that: (a) Is nontransferable; (b) applies only to the
rental car that is the subject of the rental agreement; and (c) is
limited to the following kinds of insurance:
(i) Personal accident insurance for renters and other
rental car occupants, for accidental death or dismemberment,
and for medical expenses resulting from an accident that
occurs with the rental car during the rental period;
(ii) Liability insurance, including uninsured or underinsured motorist coverage, whether offered separately or in
combination with other liability insurance, that provides protection to the renters and to other authorized drivers of a
rental car for liability arising from the operation of the rental
car during the rental period;
(iii) Personal effects insurance that provides coverage to
renters and other vehicle occupants for loss of, or damage to,
personal effects in the rental car during the rental period; and
(iv) Roadside assistance and emergency sickness protection insurance.
(8) "Renter" means any person who obtains the use of a
vehicle from a rental car company under the terms of a rental
agreement. [2002 c 273 § 2.]
48.115.001
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.005 Definitions. (Effective until July 1, 2009.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Endorsee" means an unlicensed employee or agent
of a rental car agent who meets the requirements of this chapter.
(2) "Person" means an individual or a business entity.
(3) "Rental agreement" means any written master, corporate, group, or individual agreement setting forth the terms
and conditions governing the use of a rental car rented or
leased by a rental car company.
(4) "Rental car" means any motor vehicle that is intended
to be rented or leased for a period of thirty consecutive days
or less by a driver who is not required to possess a commercial driver’s license to operate the motor vehicle and the
motor vehicle is either of the following:
(a) A private passenger motor vehicle, including a passenger van, recreational vehicle, minivan, or sports utility
vehicle; or
(b) A cargo vehicle, including a cargo van, pickup truck,
or truck with a gross vehicle weight of less than twenty-six
thousand pounds.
(5) "Rental car agent" means any rental car company that
is licensed to offer, sell, or solicit rental car insurance under
this chapter.
(6) "Rental car company" means any person in the business of renting rental cars to the public, including a franchisee.
48.115.005
[Title 48 RCW—page 482]
48.115.005 Definitions. (Effective July 1, 2009.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Endorsee" means an unlicensed employee or agent
of a rental car insurance producer who meets the requirements of this chapter.
(2) "Person" means an individual or a business entity.
(3) "Rental agreement" means any written master, corporate, group, or individual agreement setting forth the terms
and conditions governing the use of a rental car rented or
leased by a rental car company.
(4) "Rental car" means any motor vehicle that is intended
to be rented or leased for a period of thirty consecutive days
or less by a driver who is not required to possess a commercial driver’s license to operate the motor vehicle and the
motor vehicle is either of the following:
(a) A private passenger motor vehicle, including a passenger van, recreational vehicle, minivan, or sports utility
vehicle; or
(b) A cargo vehicle, including a cargo van, pickup truck,
or truck with a gross vehicle weight of less than twenty-six
thousand pounds.
(5) "Rental car insurance producer" means any rental car
company that is licensed to offer, sell, or solicit rental car
insurance under this chapter.
(6) "Rental car company" means any person in the business of renting rental cars to the public, including a franchisee.
(7) "Rental car insurance" means insurance offered, sold,
or solicited in connection with and incidental to the rental of
rental cars, whether at the rental office or by preselection of
coverage in master, corporate, group, or individual agreements that: (a) Is nontransferable; (b) applies only to the
rental car that is the subject of the rental agreement; and (c) is
limited to the following kinds of insurance:
48.115.005
(2008 Ed.)
Rental Car Insurance
(i) Personal accident insurance for renters and other
rental car occupants, for accidental death or dismemberment,
and for medical expenses resulting from an accident that
occurs with the rental car during the rental period;
(ii) Liability insurance, including uninsured or underinsured motorist coverage, whether offered separately or in
combination with other liability insurance, that provides protection to the renters and to other authorized drivers of a
rental car for liability arising from the operation of the rental
car during the rental period;
(iii) Personal effects insurance that provides coverage to
renters and other vehicle occupants for loss of, or damage to,
personal effects in the rental car during the rental period; and
(iv) Roadside assistance and emergency sickness protection insurance.
(8) "Renter" means any person who obtains the use of a
vehicle from a rental car company under the terms of a rental
agreement. [2008 c 217 § 86; 2002 c 273 § 2.]
Severability--Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.010 License required. (Effective until July 1,
2009.) (1) A rental car company, or officer, director,
employee, or agent of a rental car company, may not offer,
sell, or solicit the purchase of rental car insurance unless that
person is licensed under chapter 48.17 RCW or is in compliance with this chapter.
(2) The commissioner may issue a license to a rental car
company that is in compliance with this chapter authorizing
the rental car company to act as a rental car agent under this
chapter, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write rental car
insurance in this state. [2002 c 273 § 3.]
48.115.010
48.115.010 License required. (Effective July 1, 2009.)
(1) A rental car company, or officer, director, employee, or
agent of a rental car company, may not offer, sell, or solicit
the purchase of rental car insurance unless that person is
licensed under chapter 48.17 RCW or is in compliance with
this chapter.
(2) The commissioner may issue a license to a rental car
company that is in compliance with this chapter authorizing
the rental car company to act as a rental car insurance producer under this chapter, in connection with and incidental to
rental agreements, on behalf of any insurer authorized to
write rental car insurance in this state. [2008 c 217 § 87; 2002
c 273 § 3.]
48.115.010
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.015 Licensing rental car companies as rental
car agents. (Effective until July 1, 2009.) A rental car company may apply to be licensed as a rental car agent under, and
if in compliance with, this chapter by filing the following
documents with the commissioner:
(1) A written application for licensure, signed by the
applicant or by an officer of the applicant, in the form prescribed by the commissioner that includes a listing of all locations at which the rental car company intends to offer, sell, or
solicit rental car insurance; and
48.115.015
(2008 Ed.)
48.115.020
(2)(a) A certificate by the insurer that is to be named in
the rental car agent license, stating that: (i) The insurer has
satisfied itself that the named applicant is trustworthy and
competent to act as its rental car agent, limited to this purpose; (ii) the insurer has reviewed the endorsee training and
education program required by RCW 48.115.020(4) and
believes that it satisfies the statutory requirements; and (iii)
the insurer will appoint the applicant to act as its rental car
agent to offer, sell, or solicit rental car insurance, if the
license for which the applicant is applying is issued by the
commissioner.
(b) The certification shall be subscribed by an authorized
representative of the insurer on a form prescribed by the commissioner. [2002 c 273 § 4.]
48.115.015 Licensing rental car companies as rental
car insurance producers. (Effective July 1, 2009.) A rental
car company may apply to be licensed as a rental car insurance producer under, and if in compliance with, this chapter
by filing the following documents with the commissioner:
(1) A written application for licensure, signed by the
applicant or by an officer of the applicant, in the form prescribed by the commissioner that includes a listing of all locations at which the rental car company intends to offer, sell, or
solicit rental car insurance; and
(2)(a) A certificate by the insurer that is to be named in
the rental car insurance producer license, stating that: (i) The
insurer has satisfied itself that the named applicant is trustworthy and competent to act as its rental car insurance producer, limited to this purpose; (ii) the insurer has reviewed
the endorsee training and education program required by
RCW 48.115.020(4) and believes that it satisfies the statutory
requirements; and (iii) the insurer will appoint the applicant
to act as its rental car insurance producer to offer, sell, or
solicit rental car insurance, if the license for which the applicant is applying is issued by the commissioner.
(b) The certification shall be subscribed by an authorized
representative of the insurer on a form prescribed by the commissioner. [2008 c 217 § 88; 2002 c 273 § 4.]
48.115.015
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.020 Rental car agent endorsees—Duties of
rental car agent—Training—Transaction records.
(Effective until July 1, 2009.) (1) An employee or agent of a
rental car agent may be an endorsee authorized to offer, sell,
or solicit rental car insurance under the authority of the rental
car agent license, if all of the following conditions have been
satisfied:
(a) The employee or agent is eighteen years of age or
older;
(b) The employee or agent is a trustworthy person and
has not committed any act set forth in RCW 48.17.530;
(c) The employee or agent has completed a training and
education program;
(d) The rental car company, at the time it submits its
rental car agent license application, also submits a list of the
names of all endorsees to its rental car agent license on forms
prescribed by the commissioner. The list shall be updated and
submitted to the commissioner quarterly on a calendar year
48.115.020
[Title 48 RCW—page 483]
48.115.020
Title 48 RCW: Insurance
basis. Each list shall be retained by the rental car company for
a period of three years from submission; and
(e) The rental car company or its agent submits to the
commissioner with its initial rental car agent license application, and annually thereafter, a certification subscribed by an
officer of the rental car company on a form prescribed by the
commissioner, stating all of the following:
(i) No person other than an endorsee offers, sells, or
solicits rental car insurance on its behalf or while working as
an employee or agent of the rental car agent; and
(ii) All endorsees have completed the training and education program under subsection (4) of this section.
(2) A rental car agent’s endorsee may only act on behalf
of the rental car agent in the offer, sale, or solicitation of a
rental car insurance. A rental car agent is responsible for, and
must supervise, all actions of its endorsees related to the
offering, sale, or solicitation of rental car insurance. The conduct of an endorsee acting within the scope of his or her
employment or agency is the same as the conduct of the
rental car agent for purposes of this chapter.
(3) The manager at each location of a rental car agent, or
the direct supervisor of the rental car agent’s endorsees at
each location, must be an endorsee of that rental car agent and
is responsible for the supervision of each additional endorsee
at that location. Each rental car agent shall identify the
endorsee who is the manager or direct supervisor at each
location in the endorsee list that it submits under subsection
(1)(d) of this section.
(4) Each rental car agent shall provide a training and
education program for each endorsee prior to allowing an
endorsee to offer, sell, or solicit rental car insurance. Details
of the program must be submitted to the commissioner, along
with the license application, for approval prior to use, and
resubmitted for approval of any changes prior to use. This
training program shall meet the following minimum standards:
(a) Each endorsee shall receive instruction about the
kinds of insurance authorized under this chapter that may be
offered for sale to prospective renters; and
(b) Each endorsee shall receive training about the
requirements and limitations imposed on car rental agents
and endorsees under this chapter. The training must include
specific instruction that the endorsee is prohibited by law
from making any statement or engaging in any conduct
express or implied, that would lead a consumer to believe that
the:
(i) Purchase of rental car insurance is required in order
for the renter to rent a motor vehicle;
(ii) Renter does not have insurance policies in place that
already provide the coverage being offered by the rental car
company under this chapter; or
(iii) Endorsee is qualified to evaluate the adequacy of the
renter’s existing insurance coverages.
(5) The training and education program submitted to the
commissioner is approved if no action is taken within thirty
days of its submission.
(6) An endorsee’s authorization to offer, sell, or solicit
rental car insurance expires when the endorsee’s employment
with the rental car company is terminated.
(7) The rental car agent shall retain for a period of one
year from the date of each transaction records which enable it
[Title 48 RCW—page 484]
to identify the name of the endorsee involved in each rental
transaction when a renter purchases rental car insurance.
[2002 c 273 § 5.]
48.115.020 Rental car insurance producer endorsees—Duties of rental car insurance producer—Training—Transaction records. (Effective July 1, 2009.) (1) An
employee or agent of a rental car insurance producer may be
an endorsee authorized to offer, sell, or solicit rental car
insurance under the authority of the rental car insurance producer license, if all of the following conditions have been satisfied:
(a) The employee or agent is eighteen years of age or
older;
(b) The employee or agent is a trustworthy person and
has not committed any act set forth in RCW 48.17.530;
(c) The employee or agent has completed a training and
education program;
(d) The rental car company, at the time it submits its
rental car insurance producer license application, also submits a list of the names of all endorsees to its rental car insurance producer license on forms prescribed by the commissioner. The list shall be updated and submitted to the commissioner quarterly on a calendar year basis. Each list shall
be retained by the rental car company for a period of three
years from submission; and
(e) The rental car company or its agent submits to the
commissioner with its initial rental car insurance producer
license application, and annually thereafter, a certification
subscribed by an officer of the rental car company on a form
prescribed by the commissioner, stating all of the following:
(i) No person other than an endorsee offers, sells, or
solicits rental car insurance on its behalf or while working as
an employee or agent of the rental car insurance producer;
and
(ii) All endorsees have completed the training and education program under subsection (4) of this section.
(2) A rental car insurance producer’s endorsee may only
act on behalf of the rental car insurance producer in the offer,
sale, or solicitation of a rental car insurance. A rental car
insurance producer is responsible for, and must supervise, all
actions of its endorsees related to the offering, sale, or solicitation of rental car insurance. The conduct of an endorsee
acting within the scope of his or her employment or agency is
the same as the conduct of the rental car insurance producer
for purposes of this chapter.
(3) The manager at each location of a rental car insurance
producer, or the direct supervisor of the rental car insurance
producer’s endorsees at each location, must be an endorsee of
that rental car insurance producer and is responsible for the
supervision of each additional endorsee at that location. Each
rental car insurance producer shall identify the endorsee who
is the manager or direct supervisor at each location in the
endorsee list that it submits under subsection (1)(d) of this
section.
(4) Each rental car insurance producer shall provide a
training and education program for each endorsee prior to
allowing an endorsee to offer, sell, or solicit rental car insurance. Details of the program must be submitted to the commissioner, along with the license application, for approval
prior to use, and resubmitted for approval of any changes
48.115.020
(2008 Ed.)
Rental Car Insurance
48.115.025
prior to use. This training program shall meet the following
minimum standards:
(a) Each endorsee shall receive instruction about the
kinds of insurance authorized under this chapter that may be
offered for sale to prospective renters; and
(b) Each endorsee shall receive training about the
requirements and limitations imposed on rental car insurance
producers and endorsees under this chapter. The training
must include specific instruction that the endorsee is prohibited by law from making any statement or engaging in any
conduct express or implied, that would lead a consumer to
believe that the:
(i) Purchase of rental car insurance is required in order
for the renter to rent a motor vehicle;
(ii) Renter does not have insurance policies in place that
already provide the coverage being offered by the rental car
company under this chapter; or
(iii) Endorsee is qualified to evaluate the adequacy of the
renter’s existing insurance coverages.
(5) The training and education program submitted to the
commissioner is approved if no action is taken within thirty
days of its submission.
(6) An endorsee’s authorization to offer, sell, or solicit
rental car insurance expires when the endorsee’s employment
with the rental car company is terminated.
(7) The rental car insurance producer shall retain for a
period of one year from the date of each transaction records
which enable it to identify the name of the endorsee involved
in each rental transaction when a renter purchases rental car
insurance. [2008 c 217 § 89; 2002 c 273 § 5.]
(f) Inform the consumer that the rental car agent and the
rental car agent’s endorsees are not qualified to evaluate the
adequacy of the renter’s existing insurance coverages;
(3) The purchaser of rental car insurance acknowledges
in writing the receipt of the brochures or written materials
required by subsection (2) of this section;
(4) Evidence of the rental car insurance coverage is
stated on the face of the rental agreement;
(5) All costs for the rental car insurance are separately
itemized in the rental agreement;
(6) When the rental car insurance is not the primary
source of coverage, the consumer is informed in writing in
the form required by subsection (2) of this section that their
personal insurance will serve as the primary source of coverage; and
(7) For transactions conducted by electronic means, the
rental car agent must comply with the requirements of this
section, and the renter must acknowledge in writing or by
electronic signature the receipt of the following disclosures:
(a) The insurance policies offered by the rental car agent
may provide a duplication of coverage already provided by a
renter’s personal automobile insurance policy, homeowners’
insurance policy, or by another source of coverage;
(b) The purchase by the renter of rental car insurance is
not required in order to rent a rental car from the rental car
agent; and
(c) The rental car agent and the rental car agent’s endorsees are not qualified to evaluate the adequacy of the renter’s
existing insurance coverages. [2002 c 273 § 6.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.025 Restrictions on offer, sale, or solicitation—Consumer information. (Effective July 1, 2009.)
Insurance may not be offered, sold, or solicited under this
section, unless:
(1) The rental period of the rental car agreement is thirty
consecutive days or less;
(2) At every location where rental agreements are executed, the rental car insurance producer or endorsee provides
brochures or other written materials to each renter who purchases rental car insurance that clearly, conspicuously, and in
plain language:
(a) Summarize, clearly and correctly, the material terms,
exclusions, limitations, and conditions of coverage offered to
renters, including the identity of the insurer;
(b) Describe the process for filing a claim in the event the
renter elects to purchase coverage, including a toll-free telephone number to report a claim;
(c) Provide the rental car insurance producer’s name,
address, telephone number, and license number, as well as
the commissioner’s consumer hotline number;
(d) Inform the consumer that the rental car insurance
offered, sold, or solicited by the rental car insurance producer
may provide a duplication of coverage already provided by a
renter’s personal automobile insurance policy, homeowners’
insurance policy, or by another source of coverage;
(e) Inform the consumer that the purchase by the renter
of the rental car insurance is not required in order to rent a
rental car from the rental car insurance producer; and
(f) Inform the consumer that the rental car insurance producer and the rental car insurance producer’s endorsees are
48.115.025 Restrictions on offer, sale, or solicitation—Consumer information. (Effective until July 1,
2009.) Insurance may not be offered, sold, or solicited under
this section, unless:
(1) The rental period of the rental car agreement is thirty
consecutive days or less;
(2) At every location where rental agreements are executed, the rental car agent or endorsee provides brochures or
other written materials to each renter who purchases rental
car insurance that clearly, conspicuously, and in plain language:
(a) Summarize, clearly and correctly, the material terms,
exclusions, limitations, and conditions of coverage offered to
renters, including the identity of the insurer;
(b) Describe the process for filing a claim in the event the
renter elects to purchase coverage, including a toll-free telephone number to report a claim;
(c) Provide the rental car agent’s name, address, telephone number, and license number, as well as the commissioner’s consumer hotline number;
(d) Inform the consumer that the rental car insurance
offered, sold, or solicited by the rental car agent may provide
a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowners’ insurance
policy, or by another source of coverage;
(e) Inform the consumer that the purchase by the renter
of the rental car insurance is not required in order to rent a
rental car from the rental car agent; and
48.115.025
(2008 Ed.)
48.115.025
[Title 48 RCW—page 485]
48.115.030
Title 48 RCW: Insurance
not qualified to evaluate the adequacy of the renter’s existing
insurance coverages;
(3) The purchaser of rental car insurance acknowledges
in writing the receipt of the brochures or written materials
required by subsection (2) of this section;
(4) Evidence of the rental car insurance coverage is
stated on the face of the rental agreement;
(5) All costs for the rental car insurance are separately
itemized in the rental agreement;
(6) When the rental car insurance is not the primary
source of coverage, the consumer is informed in writing in
the form required by subsection (2) of this section that their
personal insurance will serve as the primary source of coverage; and
(7) For transactions conducted by electronic means, the
rental car insurance producer must comply with the requirements of this section, and the renter must acknowledge in
writing or by electronic signature the receipt of the following
disclosures:
(a) The insurance policies offered by the rental car insurance producer may provide a duplication of coverage already
provided by a renter’s personal automobile insurance policy,
homeowners’ insurance policy, or by another source of coverage;
(b) The purchase by the renter of rental car insurance is
not required in order to rent a rental car from the rental car
insurance producer; and
(c) The rental car insurance producer and the rental car
insurance producer’s endorsees are not qualified to evaluate
the adequacy of the renter’s existing insurance coverages.
[2008 c 217 § 90; 2002 c 273 § 6.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.030
48.115.030 Rental car agent prohibitions. (Effective
until July 1, 2009.) A rental car agent may not:
(1) Offer, sell, or solicit the purchase of insurance except
in conjunction with and incidental to rental car agreements;
(2) Advertise, represent, or otherwise portray itself or
any of its employees or agents as licensed insurers, insurance
agents, or insurance brokers;
(3) Pay any person, including a rental car agent endorsee,
any compensation, fee, or commission that is dependent primarily on the placement of insurance under the license issued
under this chapter;
(4) Make any statement or engage in any conduct,
express or implied, that would lead a customer to believe that
the:
(a) Insurance policies offered by the rental car agent do
not provide a duplication of coverage already provided by a
renter’s personal automobile insurance policy, homeowners’
insurance policy, or by another source of coverage;
(b) Purchase by the renter of rental car insurance is
required in order to rent a rental car from the rental car agent;
and
(c) Rental car agent or the rental car agent’s endorsees
are qualified to evaluate the adequacy of the renter’s existing
insurance coverages. [2002 c 273 § 7.]
[Title 48 RCW—page 486]
48.115.030 Rental car insurance producer prohibitions. (Effective July 1, 2009.) A rental car insurance producer may not:
(1) Offer, sell, or solicit the purchase of insurance except
in conjunction with and incidental to rental car agreements;
(2) Advertise, represent, or otherwise portray itself or
any of its employees or agents as licensed insurers or insurance producers;
(3) Pay any person, including a rental car insurance producer endorsee, any compensation, fee, or commission that is
dependent primarily on the placement of insurance under the
license issued under this chapter;
(4) Make any statement or engage in any conduct,
express or implied, that would lead a customer to believe that
the:
(a) Insurance policies offered by the rental car insurance
producer do not provide a duplication of coverage already
provided by a renter’s personal automobile insurance policy,
homeowners’ insurance policy, or by another source of coverage;
(b) Purchase by the renter of rental car insurance is
required in order to rent a rental car from the rental car insurance producer; and
(c) Rental car insurance producer or the rental car insurance producer’s endorsees are qualified to evaluate the adequacy of the renter’s existing insurance coverages. [2008 c
217 § 91; 2002 c 273 § 7.]
48.115.030
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.035 Enforcement—Commissioner may
revoke, suspend, or refuse to issue or renew license.
(Effective until July 1, 2009.) (1) Every rental car agent
licensed under this chapter shall promptly reply in writing to
an inquiry of the commissioner relative to the business of car
rental insurance.
(2)(a) In the event of a violation of this chapter by a
rental car agent, the commissioner may revoke, suspend, or
refuse to issue or renew any rental car agent’s license that is
issued or may be issued under this chapter for any cause specified in any other provision of this title, or for any of the following causes:
(i) For any cause that the issuance of this license could
have been refused had it then existed and been known to the
commissioner;
(ii) If the licensee or applicant willfully violates or
knowingly participates in a violation of this title or any
proper order or rule of the commissioner;
(iii) If the licensee or applicant has obtained or attempted
to obtain a license through willful misrepresentation or fraud;
(iv) If the licensee or applicant has misappropriated or
converted funds that belong to, or should be paid to, another
person as a result of, or in connection with, a car rental or
insurance transaction;
(v) If the licensee or applicant has, with intent to deceive,
materially misrepresented the terms or effects of any insurance contract, or has engaged, or is about to engage, in any
fraudulent transaction;
(vi) If the licensee or applicant or officer of the licensee
or applicant has been convicted by final judgment of a felony;
48.115.035
(2008 Ed.)
Rental Car Insurance
(vii) If the licensee or applicant is shown to be, and is
determined by the commissioner, incompetent or untrustworthy, or a source of injury and loss to the public; and
(viii) If the licensee has dealt with, or attempted to deal
with, insurances, or has exercised powers relative to insurance outside the scope of the car rental agent license or other
insurance licenses.
(b) If any natural person named under a firm or corporate
car rental agent license, or application therefore, commits or
has committed any act, or fails or has failed to perform any
duty, that constitutes grounds for the commissioner to
revoke, suspend, or refuse to issue or renew the license or
application for license, the commissioner may revoke, suspend, refuse to renew, or refuse to issue the license or application for a license of the corporation or firm.
(c) Any conduct of an applicant or licensee that constitutes grounds for disciplinary action under this title may be
addressed under this section regardless of where the conduct
took place.
(d) The holder of any license that has been revoked or
suspended shall surrender the license to the commissioner at
the commissioner’s request.
(e) After notice and hearing the commissioner may
impose other penalties, including suspending the transaction
of insurance at specific rental locations where violations of
this section have occurred and imposing fines on the manager
or supervisor at each location responsible for the supervision
and conduct of each endorsee, as the commissioner determines necessary or convenient to carry out the purpose of this
chapter.
(3) The commissioner may suspend, revoke, or refuse to
renew any car rental agent license by an order served by mail
or personal service upon the licensee not less than fifteen
days prior to its effective date. The order is subject to the
right of the licensee to a hearing under chapter 48.04 RCW.
(4) The commissioner may temporarily suspend a
license by an order served by mail or personal service upon
the licensee not less than three days prior to its effective date.
However, the order must contain a notice of revocation and
include a finding that the public safety or welfare imperatively requires emergency action. These suspensions may
continue only until proceedings for revocation are concluded.
The commissioner may also temporarily suspend a license in
cases when proceedings for revocation are pending if it is
found that the public safety or welfare imperatively requires
emergency action.
(5) Service by mail under this section means posting in
the United States mail, addressed to the licensee at the most
recent address shown in the commissioner’s licensing records
for the licensee. Service by mail is complete upon deposit in
the United States mail.
(6) If any person sells insurance in connection with or
incidental to rental car agreements, or holds himself or herself or a company out as a rental car agent, without satisfying
the requirements of this chapter, the commissioner is authorized to issue a cease and desist order. [2002 c 273 § 8.]
48.115.035 Enforcement—Commissioner may
revoke, suspend, or refuse to issue or renew license.
(Effective July 1, 2009.) (1) Every rental car insurance producer licensed under this chapter shall promptly reply in writ48.115.035
(2008 Ed.)
48.115.035
ing to an inquiry of the commissioner relative to the business
of rental car insurance.
(2)(a) In the event of a violation of this chapter by a
rental car insurance producer, the commissioner may revoke,
suspend, or refuse to issue or renew any rental car insurance
producer’s license that is issued or may be issued under this
chapter for any cause specified in any other provision of this
title, or for any of the following causes:
(i) For any cause that the issuance of this license could
have been refused had it then existed and been known to the
commissioner;
(ii) If the licensee or applicant willfully violates or
knowingly participates in a violation of this title or any
proper order or rule of the commissioner;
(iii) If the licensee or applicant has obtained or attempted
to obtain a license through willful misrepresentation or fraud;
(iv) If the licensee or applicant has misappropriated or
converted funds that belong to, or should be paid to, another
person as a result of, or in connection with, a rental car or
insurance transaction;
(v) If the licensee or applicant has, with intent to deceive,
materially misrepresented the terms or effects of any insurance contract, or has engaged, or is about to engage, in any
fraudulent transaction;
(vi) If the licensee or applicant or officer of the licensee
or applicant has been convicted by final judgment of a felony;
(vii) If the licensee or applicant is shown to be, and is
determined by the commissioner, incompetent or untrustworthy, or a source of injury and loss to the public; and
(viii) If the licensee has dealt with, or attempted to deal
with, insurances, or has exercised powers relative to insurance outside the scope of the rental car insurance producer
license or other insurance licenses.
(b) If any natural person named under a firm or corporate
rental car insurance producer license, or application therefore, commits or has committed any act, or fails or has failed
to perform any duty, that constitutes grounds for the commissioner to revoke, suspend, or refuse to issue or renew the
license or application for license, the commissioner may
revoke, suspend, refuse to renew, or refuse to issue the
license or application for a license of the corporation or firm.
(c) Any conduct of an applicant or licensee that constitutes grounds for disciplinary action under this title may be
addressed under this section regardless of where the conduct
took place.
(d) The holder of any license that has been revoked or
suspended shall surrender the license to the commissioner at
the commissioner’s request.
(e) After notice and hearing the commissioner may
impose other penalties, including suspending the transaction
of insurance at specific rental locations where violations of
this section have occurred and imposing fines on the manager
or supervisor at each location responsible for the supervision
and conduct of each endorsee, as the commissioner determines necessary or convenient to carry out the purpose of this
chapter.
(3) The commissioner may suspend, revoke, or refuse to
renew any rental car insurance producer license by an order
served by mail or personal service upon the licensee not less
than fifteen days prior to its effective date. The order is sub[Title 48 RCW—page 487]
48.115.040
Title 48 RCW: Insurance
ject to the right of the licensee to a hearing under chapter
48.04 RCW.
(4) The commissioner may temporarily suspend a
license by an order served by mail or personal service upon
the licensee not less than three days prior to its effective date.
However, the order must contain a notice of revocation and
include a finding that the public safety or welfare imperatively requires emergency action. These suspensions may
continue only until proceedings for revocation are concluded.
The commissioner may also temporarily suspend a license in
cases when proceedings for revocation are pending if it is
found that the public safety or welfare imperatively requires
emergency action.
(5) Service by mail under this section means posting in
the United States mail, addressed to the licensee at the most
recent address shown in the commissioner’s licensing records
for the licensee. Service by mail is complete upon deposit in
the United States mail.
(6) If any person sells insurance in connection with or
incidental to rental car agreements, or holds himself or herself or a company out as a rental car insurance producer,
without satisfying the requirements of this chapter, the commissioner is authorized to issue a cease and desist order.
[2008 c 217 § 92; 2002 c 273 § 8.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.040 Treatment of moneys collected from renters purchasing insurance. (Effective until July 1, 2009.) A
rental car agent is not required to treat moneys collected from
renters purchasing rental car insurance as funds received in a
fiduciary capacity, if:
(1) The charges for rental car insurance coverage are
itemized and ancillary to a rental transaction; and
(2) The insurer has consented in writing, signed by an
officer of the insurer, that premiums need not be segregated
from funds received by the rental car agent. [2002 c 273 § 9.]
48.115.040
48.115.040 Treatment of moneys collected from renters purchasing insurance. (Effective July 1, 2009.) A
rental car insurance producer is not required to treat moneys
collected from renters purchasing rental car insurance as
funds received in a fiduciary capacity, if:
(1) The charges for rental car insurance coverage are
itemized and ancillary to a rental transaction; and
(2) The insurer has consented in writing, signed by an
officer of the insurer, that premiums need not be segregated
from funds received by the rental car insurance producer.
[2008 c 217 § 93; 2002 c 273 § 9.]
48.115.040
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.115.045 Rule making. The commissioner may
adopt rules necessary to implement this chapter, including
rules establishing licensing fees to defray the cost of administering this chapter. [2002 c 273 § 10.]
48.115.045
48.115.900 Captions not law. Captions used in this act
are not any part of the law. [2002 c 273 § 12.]
48.115.900
[Title 48 RCW—page 488]
Chapter 48.120 RCW
SPECIALTY PRODUCER LICENSES—
COMMUNICATIONS EQUIPMENT OR SERVICES
Chapter 48.120
Sections
48.120.005
48.120.010
48.120.015
48.120.020
48.120.025
Definitions.
License required—Application.
Scope of license—Authorization.
Issuance of insurance—Restrictions—Conduct of employees
and authorized representatives.
Statutes governing vendor misconduct—Rules necessary to
implement chapter.
48.120.005 Definitions. (Effective until July 1, 2009.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Communications equipment" means handsets, pagers, personal digital assistants, portable computers, automatic
answering devices, batteries, and their accessories or other
devices used to originate or receive communications signals
or service approved for coverage by rule of the commissioner, and also includes services related to the use of the
devices.
(2) "Communications equipment insurance program"
means an insurance program as described in RCW
48.120.015.
(3) "Communications service" means the service necessary to send, receive, or originate communications signals.
(4) "Customer" means a person or entity purchasing or
leasing communications equipment or communications services from a vendor.
(5) "Specialty producer license" means a license issued
under RCW 48.120.010 that authorizes a vendor to offer or
sell insurance as provided in RCW 48.120.015.
(6) "Supervising agent" means an agent licensed under
RCW 48.17.060 who provides training as described in RCW
48.120.020 and is affiliated to a licensed vendor.
(7) "Vendor" means a person or entity resident or with
offices in this state in the business of leasing, selling, or providing communications equipment or communications service to customers.
(8) "Appointing insurer" means the insurer appointing
the vendor as its agent under a specialty producer license.
[2002 c 357 § 1.]
48.120.005
48.120.005 Definitions. (Effective July 1, 2009.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Communications equipment" means handsets, pagers, personal digital assistants, portable computers, automatic
answering devices, batteries, and their accessories or other
devices used to originate or receive communications signals
or service approved for coverage by rule of the commissioner, and also includes services related to the use of the
devices.
(2) "Communications equipment insurance program"
means an insurance program as described in RCW
48.120.015.
(3) "Communications service" means the service necessary to send, receive, or originate communications signals.
(4) "Customer" means a person or entity purchasing or
leasing communications equipment or communications services from a vendor.
48.120.005
(2008 Ed.)
Self-Funded Multiple Employer Welfare Arrangements
(5) "Specialty producer license" means a license issued
under RCW 48.120.010 that authorizes a vendor to offer or
sell insurance as provided in RCW 48.120.015.
(6) "Supervising agent" means an appointed insurance
producer licensed under RCW 48.17.090 who provides training as described in RCW 48.120.020 and is affiliated to a
licensed vendor.
(7) "Vendor" means a person or entity resident or with
offices in this state in the business of leasing, selling, or providing communications equipment or communications service to customers.
(8) "Appointing insurer" means the insurer appointing
the vendor as its agent under a specialty producer license.
[2008 c 217 § 94; 2002 c 357 § 1.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.120.010 License required—Application. (Effective until July 1, 2009.) (1) A vendor that intends to offer
insurance under RCW 48.120.015 must file a specialty producer license application with the commissioner. Before the
commissioner issues such a license, the vendor must be
appointed as the agent of one or more authorized appointing
insurers under a vendor’s specialty producer license.
(2) Upon receipt of an application, if the commissioner is
satisfied that the application is complete, the commissioner
may issue a specialty producer license to the vendor. [2002 c
357 § 2.]
48.120.010
48.120.010 License required—Application. (Effective July 1, 2009.) (1) A vendor that intends to offer insurance under RCW 48.120.015 must file a specialty producer
license application with the commissioner. Before the commissioner issues such a license, the vendor must be appointed
as the insurance producer of one or more authorized appointing insurers under a vendor’s specialty producer license.
(2) Upon receipt of an application, if the commissioner is
satisfied that the application is complete, the commissioner
may issue a specialty producer license to the vendor. [2008 c
217 § 95; 2002 c 357 § 2.]
48.120.010
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.120.015 Scope of license—Authorization. A specialty producer license authorizes a vendor and its employees
and authorized representatives to offer and sell to, enroll in,
and bill and collect premiums from customers for insurance
covering communications equipment on a master, corporate,
group, or individual policy basis. [2002 c 357 § 3.]
supervises a training program for employees of the licensed
vendor.
(2) Employees and authorized representatives of a vendor issued a specialty producer license may only act on behalf
of the vendor in the offer, sale, solicitation, or enrollment of
customers in a communications equipment insurance program. The conduct of these employees and authorized representatives within the scope of their employment or agency is
the same as conduct of the vendor for purposes of this title.
[2002 c 357 § 4.]
48.120.025 Statutes governing vendor misconduct—
Rules necessary to implement chapter. (1) A vendor
issued a specialty producer license under this chapter is subject to RCW 48.17.540 through 48.17.560.
(2) The commissioner may adopt rules necessary for the
implementation of this chapter, including, but not limited to,
rules governing:
(a) The specialty producer license application process,
including any forms required to be used;
(b) The standards for approval and the required content
of written materials required under RCW 48.120.020(1)(a);
(c) The approval and required content of training materials required under RCW 48.120.020(1)(b);
(d) Establishing license fees to defray the cost of administering the specialty producer licensure program;
(e) Establishing requirements for the remittance of premium funds to the supervising agent under authority from the
program insurer; and
(f) Determining the applicability or nonapplicability of
other provisions of this title to this chapter. [2002 c 357 § 5.]
48.120.025
Chapter 48.125 RCW
SELF-FUNDED MULTIPLE EMPLOYER
WELFARE ARRANGEMENTS
Chapter 48.125
Sections
48.125.003
48.125.005
48.125.010
48.125.020
48.125.030
48.125.040
48.120.015
48.120.020 Issuance of insurance—Restrictions—
Conduct of employees and authorized representatives.
(1) A vendor issued a specialty producer license may not
issue insurance under RCW 48.120.015 unless:
(a) At every location where customers are enrolled in
communications equipment insurance programs, written
material regarding the program is made available to prospective customers; and
(b) The communications equipment insurance program
is operated with the participation of a supervising agent who,
with authorization and approval from the appointing insurer,
48.120.020
(2008 Ed.)
48.125.003
48.125.050
48.125.060
48.125.070
48.125.080
48.125.090
48.125.100
48.125.110
48.125.120
48.125.130
48.125.140
48.125.150
48.125.160
48.125.200
48.125.900
48.125.901
Short title.
Purposes.
Definitions.
Certificate of authority required.
Certificate of authority—Requirements for issuance.
Certificate of authority—Continued compliance with certain
conditions—Commissioner’s discretion.
Certificate of authority—Application—Form—Documentation.
Surplus required—Amount—Enforcement.
Contribution rates.
Certificate of authority—Granting or denying application.
Reporting requirements.
Failure to comply with chapter—Sanctions.
Certificate of authority—Failure to obtain.
Policy must contain specific notice.
Additional compliance requirements.
Examination of operations—Commissioner’s powers—Definition of affiliate.
Chapter not applicable.
Taxable amounts—Participant contributions.
Prostate cancer screening.
Severability—2004 c 260.
Effective date—2004 c 260.
48.125.003 Short title. This chapter may be cited as the
"self-funded multiple employer welfare arrangement regulation act." [2004 c 260 § 1.]
48.125.003
[Title 48 RCW—page 489]
48.125.005
Title 48 RCW: Insurance
48.125.005 Purposes. The purposes of this chapter are
48.125.005
to:
(1) Provide for the authorization and registration of selffunded multiple employer welfare arrangements;
(2) Regulate self-funded multiple employer welfare
arrangements in order to ensure the financial integrity of the
arrangements;
(3) Provide reporting requirements for self-funded multiple employer welfare arrangements; and
(4) Provide for sanctions against self-funded multiple
employer welfare arrangements organized, operated, providing benefits, or maintained in this state that do not comply
with this chapter. [2004 c 260 § 2.]
48.125.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Bona fide association" means an association of
employers that has been in existence for a period of not less
than ten years prior to sponsoring a self-funded multiple
employer welfare arrangement, during which time the association has engaged in substantial activities relating to the common interests of member employers, and that continues to
engage in substantial activities in addition to sponsoring an
arrangement. However, an association that was formed and
began sponsoring an arrangement prior to October 1, 1995, is
not subject to the requirement that the association be in existence for ten years prior to sponsoring an arrangement.
(2) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more other
persons or who contracts with one or more persons, the
essence of which is the personal labor of that person or persons.
(3) "Health care service" means that service offered or
provided by health care facilities and health care providers
relating to the prevention, cure, or treatment of illness, injury,
or disease.
(4) "Incurred claims" means the value of all amounts
paid or payable under a multiple employer welfare arrangement determined by contract to be a liability with an incurred
claims date during the valuation period. It includes all payments during the valuation period plus a reasonable estimate
of unpaid claims liabilities.
(5) "Multiple employer welfare arrangement" means a
multiple employer welfare arrangement as defined by 29
U.S.C. Sec. 1002, but does not include an arrangement, plan,
program, or interlocal agreement of or between any political
subdivisions of this state, any federal agencies, or any contractors or subcontractors with federal agencies at a federal
government facility within this state.
(6) "Qualified actuary" means an individual who:
(a) Is a member in good standing of the American academy of actuaries; and
(b) Is qualified to sign statements of actuarial opinion for
health annual statements in accordance with the American
academy of actuaries qualification standards for actuaries
signing the statements.
(7) "Self-funded multiple employer welfare arrangement" or "arrangement" means a multiple employer welfare
48.125.010
[Title 48 RCW—page 490]
arrangement that does not provide for payment of benefits
under the arrangement solely through a policy or policies of
insurance issued by one or more insurance companies
licensed under this title.
(8) "Surplus" means the excess of the assets of a selffunded multiple employer welfare arrangement over the liabilities of the arrangement. The assets and liabilities should
be determined in accordance with the accounting practices
and procedures manuals as adopted by the national association of insurance commissioners, unless otherwise provided
by law. [2004 c 260 § 3.]
48.125.020
48.125.020 Certificate of authority required. (1)
Except as provided in subsection (3) of this section, a person
may not establish, operate, provide benefits, or maintain a
self-funded multiple employer welfare arrangement in this
state unless the arrangement first obtains a certificate of
authority from the commissioner.
(2) An arrangement is considered to be established, operated, providing benefits, or maintained in this state if (a) one
or more of the employer members participating in the
arrangement is either domiciled in or maintains a place of
business in this state, or (b) the activities of the arrangement
or employer members fall under the scope of RCW
48.01.020.
(3) An arrangement established, operated, providing
benefits, or maintained in this state prior to December 31,
2003, has until April 1, 2005, to file a substantially complete
application for a certificate of authority. An arrangement that
files a substantially complete application for a certificate of
authority by that date is allowed to continue to operate without a certificate of authority until the commissioner approves
or denies the arrangement’s application for a certificate of
authority. [2004 c 260 § 4.]
48.125.030
48.125.030 Certificate of authority—Requirements
for issuance. (Effective until July 1, 2009.) The commissioner may not issue a certificate of authority to a self-funded
multiple employer welfare arrangement unless the arrangement establishes to the satisfaction of the commissioner that
the following requirements have been satisfied by the
arrangement:
(1) The employers participating in the arrangement are
members of a bona fide association;
(2) The employers participating in the arrangement exercise control over the arrangement, as follows:
(a) Subject to (b) of this subsection, control exists if the
board of directors of the bona fide association or the employers participating in the arrangement have the right to elect at
least seventy-five percent of the individuals designated in the
arrangement’s organizational documents as having control
over the operations of the arrangement and the individuals
designated in the arrangement’s organizational documents in
fact exercise control over the operation of the arrangement;
and
(b) The use of a third-party administrator to process
claims and to assist in the administration of the arrangement
is not evidence of the lack of exercise of control over the
operation of the arrangement;
(2008 Ed.)
Self-Funded Multiple Employer Welfare Arrangements
(3) In this state, the arrangement provides only health
care services;
(4) In this state, the arrangement provides or arranges
benefits for health care services in compliance with those
provisions of this title that mandate particular benefits or
offerings and with provisions that require access to particular
types or categories of health care providers and facilities;
(5) In this state, the arrangement provides or arranges
benefits for health care services in compliance with RCW
48.43.500 through 48.43.535, 48.43.545, and 48.43.550;
(6) The arrangement provides health care services to not
less than twenty employers and not less than seventy-five
employees;
(7) The arrangement may not solicit participation in the
arrangement from the general public. However, the arrangement may employ licensed insurance agents who receive a
commission, unlicensed individuals who do not receive a
commission, and may contract with a licensed insurance producer who may be paid a commission or other remuneration,
for the purpose of enrolling and renewing the enrollments of
employers in the arrangement;
(8) The arrangement has been in existence and operated
actively for a continuous period of not less than ten years as
of December 31, 2003, except for an arrangement that has
been in existence and operated actively since December 31,
2000, and is sponsored by an association that has been in
existence more than twenty-five years; and
(9) The arrangement is not organized or maintained
solely as a conduit for the collection of premiums and the forwarding of premiums to an insurance company. [2004 c 260
§ 5.]
48.125.030 Certificate of authority—Requirements
for issuance. (Effective July 1, 2009.) The commissioner
may not issue a certificate of authority to a self-funded multiple employer welfare arrangement unless the arrangement
establishes to the satisfaction of the commissioner that the
following requirements have been satisfied by the arrangement:
(1) The employers participating in the arrangement are
members of a bona fide association;
(2) The employers participating in the arrangement exercise control over the arrangement, as follows:
(a) Subject to (b) of this subsection, control exists if the
board of directors of the bona fide association or the employers participating in the arrangement have the right to elect at
least seventy-five percent of the individuals designated in the
arrangement’s organizational documents as having control
over the operations of the arrangement and the individuals
designated in the arrangement’s organizational documents in
fact exercise control over the operation of the arrangement;
and
(b) The use of a third-party administrator to process
claims and to assist in the administration of the arrangement
is not evidence of the lack of exercise of control over the
operation of the arrangement;
(3) In this state, the arrangement provides only health
care services;
(4) In this state, the arrangement provides or arranges
benefits for health care services in compliance with those
provisions of this title that mandate particular benefits or
48.125.030
(2008 Ed.)
48.125.040
offerings and with provisions that require access to particular
types or categories of health care providers and facilities;
(5) In this state, the arrangement provides or arranges
benefits for health care services in compliance with RCW
48.43.500 through 48.43.535, 48.43.545, and 48.43.550;
(6) The arrangement provides health care services to not
less than twenty employers and not less than seventy-five
employees;
(7) The arrangement may not solicit participation in the
arrangement from the general public. However, the arrangement may employ licensed insurance producers who receive
a commission, unlicensed individuals who do not receive a
commission, and may contract with a licensed insurance producer who may be paid a commission or other remuneration,
for the purpose of enrolling and renewing the enrollments of
employers in the arrangement;
(8) The arrangement has been in existence and operated
actively for a continuous period of not less than ten years as
of December 31, 2003, except for an arrangement that has
been in existence and operated actively since December 31,
2000, and is sponsored by an association that has been in
existence more than twenty-five years; and
(9) The arrangement is not organized or maintained
solely as a conduit for the collection of premiums and the forwarding of premiums to an insurance company. [2008 c 217
§ 96; 2004 c 260 § 5.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.125.040 Certificate of authority—Continued compliance with certain conditions—Commissioner’s discretion. (1) In addition to the requirements under RCW
48.125.030, self-funded multiple employer welfare arrangements are subject to the following requirements:
(a) Arrangements must maintain a calendar year for
operations and reporting purposes;
(b) Arrangements must satisfy one of the following
requirements:
(i)(A) The arrangement must deposit two hundred thousand dollars with the commissioner to be used for the payment of claims in the event that the arrangement becomes
insolvent; and
(B) The arrangement must submit to the commissioner a
written plan of operation that, in the reasonable discretion of
the commissioner, ensures the financial integrity of the
arrangement; or
(ii) The arrangement demonstrates to the reasonable satisfaction of the commissioner the ability of the arrangement
to remain financially solvent, for which purpose the commissioner may consider:
(A) The pro forma financial statements of the arrangement;
(B) The types and levels of excess of loss insurance coverage, including the attachment points of the coverage and
whether the points are reflected as annual or monthly levels;
(C) Whether a deposit is required for each employee
covered under the arrangement equal to at least one month’s
cost of providing benefits under the arrangement;
(D) The experience of the individuals who will be
involved in the management of the arrangement, including
employees, independent contractors, and consultants; and
48.125.040
[Title 48 RCW—page 491]
48.125.050
Title 48 RCW: Insurance
(E) Other factors as reasonably determined by the commissioner to be relevant to a determination of whether the
arrangement is able to operate in a financially solvent manner.
(2) The commissioner may require that the articles,
bylaws, agreements, trusts, or other documents or instruments describing the rights and obligations of the employers,
employees, and beneficiaries of the arrangement provide that
employers participating in the arrangement are subject to pro
rata assessment for all liabilities of the arrangement.
(3) Self-funded multiple employer welfare arrangements
with fewer than one thousand covered persons are required to
have aggregate stop loss coverage, with an attachment point
of one hundred twenty-five percent of expected claims. If the
arrangement is allowed to assess the participating employers
to cover actual or projected claims in excess of plan assets,
then the attachment point shall be increased by the amount of
the allowable assessments. If the required attachment point
exceeds one hundred seventy-five percent of expected
claims, aggregate stop loss coverage shall be waived.
Arrangements with one thousand covered persons or more
are not required to have aggregate stop loss coverage.
(4) The arrangement must demonstrate continued compliance with respect to the conditions set forth in this section
as a condition of receiving and maintaining a certificate of
authority. The commissioner may waive continued compliance with respect to the conditions in this section at any time
after the commissioner has granted a certificate of authority
to an arrangement. [2004 c 260 § 6.]
(7) Biographical reports on forms prescribed by the
national association of insurance commissioners evidencing
the general trustworthiness and competence of each individual who is serving or who will serve as an officer, director,
trustee, employee, or fiduciary of the arrangement;
(8) Fingerprint cards and current fees payable to the
Washington state patrol to perform a state and national criminal history background check of any person who exercises
control over the financial dealings and operations of the selffunded multiple employer welfare arrangement, including
collection of employer contributions, investment of assets,
payment of claims, rate setting, and claims adjudication. The
fingerprints and any additional information may be submitted
to the federal bureau of investigation and any results of the
check must be returned to the office of the insurance commissioner. The results may be disseminated to any governmental
agency or entity authorized to receive them; and
(9) A statement executed by a representative of the
arrangement certifying, to the best knowledge and belief of
the representative, that:
(a) The arrangement is in compliance with RCW
48.125.030;
(b) The arrangement is in compliance with the requirements of the employee retirement income security act of
1974, 29 U.S.C. Sec. 1001 et seq., or a statement of any
requirements with which the arrangement is not in compliance and a statement of proposed corrective actions; and
(c) The arrangement is in compliance with RCW
48.125.060 and 48.125.070. [2004 c 260 § 7.]
48.125.050 Certificate of authority—Application—
Form—Documentation. A self-funded multiple employer
welfare arrangement must apply for a certificate of authority
on a form prescribed by the commissioner and must submit
the application, together with the following documents, to the
commissioner:
(1) A copy of all articles, bylaws, agreements, trusts, or
other documents or instruments describing the rights and
obligations of the employers, employees, and beneficiaries of
the arrangement;
(2) A copy of the summary plan description or summary
plan descriptions of the arrangement, including those filed or
required to be filed with the United States department of
labor, together with any amendments to the description;
(3) Evidence of coverage of or letters of intent to participate executed by at least twenty employers providing allowable benefits to at least seventy-five employees;
(4) A copy of the arrangement’s most recent year’s
financial statements that must include, at a minimum, a balance sheet, an income statement, a statement of changes in
financial position, and an actuarial opinion signed by a qualified actuary stating that the unpaid claim liability of the
arrangement satisfies the standards under this title;
(5) Proof that the arrangement maintains or will maintain
fidelity bonds required by the United States department of
labor under the employee retirement income security act of
1974, 29 U.S.C. Sec. 1001 et seq.;
(6) A copy of any excess of loss insurance coverage policies maintained or proposed to be maintained by the arrangement;
48.125.060 Surplus required—Amount—Enforcement. Self-funded multiple employer welfare arrangements
must maintain continuously a surplus equal to at least ten percent of the next twelve months projected incurred claims or
two million dollars, whichever is greater. The commissioner
may proceed against self-funded multiple employer welfare
arrangements that fail to maintain the level of surplus
required by this section in any manner that the commissioner
is authorized to proceed against a health care service contractor that failed to maintain minimum net worth. [2004 c 260 §
8.]
48.125.050
[Title 48 RCW—page 492]
48.125.060
48.125.070 Contribution rates. A self-funded multiple
employer welfare arrangement must establish and maintain
contribution rates for participation under the arrangement
that satisfy either of the following requirements:
(1) Contribution rates must equal or exceed the sum of
projected incurred claims for the year, plus all projected costs
of operation of the arrangement for the year, plus an amount
equal to any deficiency in the surplus of the arrangement for
the prior year, minus an amount equal to the surplus of the
arrangement in excess of the minimum required level of surplus; or
(2) Contribution rates must equal or exceed a funding
level established by a report prepared by a qualified actuary.
[2004 c 260 § 9.]
48.125.070
48.125.080 Certificate of authority—Granting or
denying application. (1) The commissioner shall grant or
deny an application for a certificate of authority within one
48.125.080
(2008 Ed.)
Self-Funded Multiple Employer Welfare Arrangements
hundred eighty days of the date that a completed application,
together with the items designated in RCW 48.125.050, is
submitted to the commissioner.
(2) The commissioner shall grant the application of an
arrangement that satisfies the applicable requirements of
RCW 48.125.030 through 48.125.070.
(3) The commissioner shall deny the application of an
arrangement that does not satisfy the applicable requirements
of RCW 48.125.030 through 48.125.070. Denial of an application for a certificate of authority is subject to appeal under
chapter 34.05 RCW.
(4) A certificate of authority granted to an arrangement is
effective unless revoked by the commissioner under RCW
48.125.100. [2004 c 260 § 10.]
48.125.090 Reporting requirements. (1) A selffunded multiple employer welfare arrangement must comply
with the reporting requirements of this section.
(2) Every arrangement holding a certificate of authority
from the commissioner must file its financial statements as
required by this title and by the commissioner in accordance
with the accounting practices and procedures manuals as
adopted by the national association of insurance commissioners, unless otherwise provided by law.
(3) Every arrangement must comply with the provisions
of chapters 48.12 and 48.13 RCW.
(4) Every domestic arrangement holding a certificate of
authority shall annually, on or before the first day of March,
file with the commissioner a true statement of its financial
condition, transactions, and affairs as of the thirty-first day of
December of the preceding year. The statement forms must
be those forms approved by the national association of insurance commissioners for health insurance. The statement
must be verified by the oaths of at least two officers of the
arrangement. Additional information may be required by this
title or by the request of the commissioner.
(5) Every arrangement must report their annual and other
statements in the same manner required of other insurers by
rule of the commissioner.
(6) The arrangement must file with the commissioner a
copy of the arrangement’s internal revenue service form 5500
together with all attachments to the form, at the time required
for filing the form. [2006 c 25 § 10; 2004 c 260 § 11.]
48.125.140
(3) An arrangement that fails to maintain the level of surplus required by RCW 48.125.060 is subject to the sanctions
authorized in RCW 48.44.160 through 48.44.166. [2004 c
260 § 12.]
48.125.110 Certificate of authority—Failure to
obtain. A self-funded multiple employer welfare arrangement organized, operated, providing benefits, or maintained
in this state without a certificate of authority is in violation of
this title. [2004 c 260 § 13.]
48.125.110
48.125.120 Policy must contain specific notice. Each
policy issued by a self-funded multiple employer welfare
arrangement must contain, in ten-point type on the front page
and the declaration page, the following notice:
48.125.120
48.125.090
48.125.100 Failure to comply with chapter—Sanctions. (1) The commissioner may impose sanctions against a
self-funded multiple employer welfare arrangement that fails
to comply with this chapter. The maximum fine may not
exceed ten thousand dollars for each violation.
(2) The commissioner may issue a notice of intent to
revoke the certificate of authority of a self-funded multiple
employer welfare arrangement that fails to comply with
RCW 48.125.060, 48.125.070, or 48.125.090. If, within
sixty days of receiving notice under this subsection, the
arrangement fails to file with the commissioner a plan to
brin g the arrangement into com pliance with RCW
48.125.060, 48.125.070, or 48.125.090, the commissioner
may revoke the arrangement’s certificate of authority. A
revocation of a certificate of authority is subject to appeal
under chapter 34.05 RCW.
48.125.100
(2008 Ed.)
"NOTICE
This policy is issued by a self-funded multiple employer welfare arrangement. A self-funded multiple employer welfare
arrangement may not be subject to all of the insurance laws
and regulations of your state. State insurance insolvency
guaranty funds are not available for a self-funded multiple
employer welfare arrangement." [2004 c 260 § 14.]
48.125.130 Additional compliance requirements. A
self-funded multiple employer welfare arrangement is subject to RCW 48.43.300 through 48.43.370, the rehabilitation
provisions under chapter 48.31 RCW, and chapter 48.99
RCW. [2004 c 260 § 15.]
48.125.130
48.125.140 Examination of operations—Commissioner’s powers—Definition of affiliate. (1) The commissioner may make an examination of the operations of any
self-funded multiple employer welfare arrangement as often
as he or she deems necessary in order to carry out the purposes of this chapter.
(2) Every self-funded multiple employer welfare
arrangement shall submit its books and records relating to its
operation for financial condition and market conduct examinations and in every way facilitate them. For the purpose of
examinations, the commissioner may issue subpoenas,
administer oaths, and examine the officers and principals of
the [self-funded] multiple employer welfare arrangement.
(3) The commissioner may elect to accept and rely on
audit reports made by an independent certified public
accountant for the self-funded multiple employer welfare
arrangement in the course of that part of the commissioner’s
examination covering the same general subject matter as the
audit. The commissioner may incorporate the audit report in
his or her report of the examination.
(4)(a) The commissioner may also examine any affiliate
of the self-funded multiple employer welfare arrangement.
An examination of an affiliate is limited to the activities or
operations of the affiliate that may impact the financial position of the arrangement.
(b) For the purposes of this section, "affiliate" has the
same meaning as defined in RCW 48.31C.010.
(5) Whenever an examination is made, all of the provisions of chapter 48.03 RCW not inconsistent with this chapter shall be applicable. In lieu of making an examination
48.125.140
[Title 48 RCW—page 493]
48.125.150
Title 48 RCW: Insurance
himself or herself, the commissioner may, in the case of a foreign self-funded multiple employer welfare arrangement,
accept an examination report of the applicant by the regulatory official in its state of domicile. In the case of a domestic
self-funded multiple employer welfare arrangement, the
commissioner may accept an examination report of the applicant by the regulatory official of a state that has already
licensed the arrangement. [2004 c 260 § 16.]
48.130.040
48.125.150 Chapter not applicable. This chapter does
not apply to:
(1) Single employer entities;
(2) Taft-Hartley plans; or
(3) Self-funded multiple employer welfare arrangements
that do not provide coverage for health care services. [2004
c 260 § 17.]
48.130.130
48.125.150
48.125.160 Taxable amounts—Participant contributions. Participant contributions used to determine the taxable
amounts in this state under RCW 48.14.0201 shall be determined in the same manner as premiums taxable in this state
are determined under RCW 48.14.090. [2004 c 260 § 18.]
48.125.160
48.125.200 Prostate cancer screening. (1) Each selffunded multiple employer welfare arrangement established,
operated, providing benefits, or maintained in this state after
December 31, 2006, that provides coverage for hospital or
medical expenses shall provide coverage for prostate cancer
screening, provided that the screening is delivered upon the
recommendation of the patient’s physician, advanced registered nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of a self-funded multiple
employer welfare arrangement to negotiate rates and contract
with specific providers for the delivery of prostate cancer
screening services. [2006 c 367 § 6.]
48.125.200
48.125.900 Severability--2004 c 260. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 260 § 28.]
48.125.900
48.125.901 Effective date--2004 c 260. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 31, 2004]. [2004 c 260 § 29.]
48.125.901
Chapter 48.130
Chapter 48.130 RCW
INTERSTATE INSURANCE PRODUCT
REGULATION COMPACT
Sections
48.130.005
48.130.010
48.130.020
48.130.030
Purposes—Insurance commissioner represents state.
Definitions.
Commission created.
Commission’s powers.
[Title 48 RCW—page 494]
48.130.050
48.130.060
48.130.070
48.130.080
48.130.090
48.130.100
48.130.110
48.130.120
48.130.140
48.130.900
48.130.901
Commission membership—Management and legislative committees—Liability.
Commission actions—Voting.
Commission rule making—Uniform standards and operating
procedures—States may opt out.
Commission rule making—Confidentiality of information and
records—Compliance with compact.
Dispute resolution.
Commission approval of product—Filing—Rule making.
Commission disapproval of product—Appeal.
Commission expenses—Budget—Tax exempt—Accounting.
Compact, commission, compact amendments—When effective.
Withdrawal from compact, how—Default by state—Dissolution of compact.
Effect of compact—Other state laws—Binding on compacting
states, when.
Severability—2005 c 92.
Construction—2005 c 92.
48.130.005 Purposes—Insurance commissioner represents state. Under the terms and conditions of this chapter,
the state of Washington seeks to join with other states and
establish the interstate insurance product regulation compact
and thus become a member of the interstate insurance product regulation commission. The insurance commissioner is
hereby designated to serve as the representative of this state
to the commission. The purposes of the compact under this
chapter are, through means of joint and cooperative action
among the compacting states:
(1) To promote and protect the interest of consumers of
individual and group annuity, life insurance, disability
income, and long-term care insurance products;
(2) To develop uniform standards for insurance products
covered under the compact;
(3) To establish a central clearinghouse to receive and
provide prompt review of insurance products covered under
the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in
one or more compacting states;
(4) To give appropriate regulatory approval to those
product filings and advertisements satisfying the applicable
uniform standard;
(5) To improve coordination of regulatory resources and
expertise between state insurance departments regarding the
setting of uniform standards and review of insurance products covered under the compact;
(6) To create the interstate insurance product regulation
commission; and
(7) To perform these and such other related functions as
may be consistent with the state regulation of the business of
insurance. [2005 c 92 § 1.]
48.130.005
48.130.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advertisement" means any material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender,
replace, or retain a policy, as more specifically defined in the
rules and operating procedures of the commission.
(2) "Bylaws" means those bylaws established by the
commission for its governance, or for directing or controlling
the commission’s actions or conduct.
(3) "Compact" means the compact set forth in this chapter.
48.130.010
(2008 Ed.)
Interstate Insurance Product Regulation Compact
(4) "Compacting state" means any state which has
enacted the compact and which has not withdrawn under
RCW 48.130.130(1) or been terminated under RCW
48.130.130(2).
(5) "Commission" means the interstate insurance product regulation commission established in RCW 48.130.020.
(6) "Commissioner" means the insurance commissioner
or the chief insurance regulatory official of a state including
but not limited to commissioner, superintendent, director, or
administrator.
(7) "Domiciliary state" means the state in which an
insurer is incorporated or organized; or, in the case of an alien
insurer, its state of entry.
(8) "Insurer" means any entity licensed by a state to issue
contracts of insurance for any of the lines of insurance covered by the compact.
(9) "Member" means the person chosen by a compacting
state as its representative to the commission, or his or her designee.
(10) "Noncompacting state" means any state which is not
at the time a compacting state.
(11) "Operating procedures" mean procedures adopted
by the commission implementing a rule, uniform standard, or
a provision of the compact.
(12) "Product" means the form of a policy or contract,
including any application, endorsement, or related form
which is attached to and made a part of the policy or contract,
and any evidence of coverage or certificate, for an individual
or group annuity, life insurance, disability income, or longterm care insurance product that an insurer is authorized to
issue.
(13) "Rule" means a statement of general or particular
applicability and future effect adopted by the commission,
including a uniform standard developed under RCW
48.130.060, designed to implement, interpret, or prescribe
law or policy or describing the organization, procedure, or
practice requirements of the commission, which shall have
the force and effect of law in the compacting states.
(14) "State" means any state, district, or territory of the
United States of America.
(15) "Third-party filer" means an entity that submits a
product filing to the commission on behalf of an insurer.
(16) "Uniform standard" means a standard adopted by
the commission for a product line, under RCW 48.130.060,
and includes all of the product requirements in aggregate.
However, each uniform standard shall be construed, whether
express or implied, to prohibit the use of any inconsistent,
misleading, or ambiguous provisions in a product and the
form of the product made available to the public shall not be
unfair, inequitable, or against public policy as determined by
the commission. [2005 c 92 § 2.]
48.130.020 Commission created. (1) The compacting
states hereby create and establish a joint public agency
known as the interstate insurance product regulation commission. Under RCW 48.130.030, the commission will have the
power to develop uniform standards for product lines, receive
and provide prompt review of products filed therewith, and
give approval to those product filings satisfying applicable
uniform standards. However, it is not intended for the commission to be the exclusive entity for receipt and review of
48.130.020
(2008 Ed.)
48.130.030
insurance product filings. This section does not prohibit any
insurer from filing its product in any state wherein the insurer
is licensed to conduct the business of insurance; and any such
filing shall be subject to the laws of the state where filed.
(2) The commission is a body corporate and politic, and
an instrumentality of the compacting states.
(3) The commission is solely responsible for its liabilities except as otherwise specifically provided in the compact.
(4) Venue is proper and judicial proceedings by or
against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal
office of the commission is located. [2005 c 92 § 3.]
48.130.030 Commission’s powers. The commission
shall have the following powers:
(1) To adopt rules, under RCW 48.130.060, which shall
have the force and effect of law and shall be binding in the
compacting states to the extent and in the manner provided in
the compact;
(2) To exercise its rule-making authority and establish
reasonable uniform standards for products covered under the
compact, and advertisement related thereto, which shall have
the force and effect of law and shall be binding in the compacting states, but only for those products filed with the commission. However, a compacting state shall have the right to
opt out of such uniform standard under RCW 48.130.060, to
the extent and in the manner provided in this compact. Any
uniform standard established by the commission for longterm care insurance products may provide the same or greater
protections for consumers as, but shall not provide less than,
those protections set forth in the national association of insurance commissioners’ long-term care insurance model act and
long-term care insurance model regulation, respectively,
adopted as of 2001. The commission shall consider whether
any subsequent amendments to the long-term care insurance
model act or long-term care insurance model regulation
adopted by the national association of insurance commissioners require amending of the uniform standards established by
the commission for long-term care insurance products;
(3) To receive and review in an expeditious manner
products filed with the commission, and rate filings for disability income and long-term care insurance products, and
give approval of those products and rate filings that satisfy
the applicable uniform standard, where such approval shall
have the force and effect of law and be binding on the compacting states to the extent and in the manner provided in the
compact;
(4) To receive and review in an expeditious manner
advertisement relating to long-term care insurance products
for which uniform standards have been adopted by the commission, and give approval to all advertisement that satisfies
the applicable uniform standard. For any product covered
under this compact, other than long-term care insurance products, the commission shall have the authority to require an
insurer to submit all or any part of its advertisement with
respect to that product for review or approval prior to use, if
the commission determines that the nature of the product is
such that an advertisement of the product could have the
capacity or tendency to mislead the public. The actions of the
commission as provided in this section shall have the force
and effect of law and shall be binding in the compacting
48.130.030
[Title 48 RCW—page 495]
48.130.040
Title 48 RCW: Insurance
states to the extent and in the manner provided in the compact;
(5) To exercise its rule-making authority and designate
products and advertisement that may be subject to a self-certification process without the need for prior approval by the
commission;
(6) To adopt operating procedures, under RCW
48.130.060, which shall be binding in the compacting states
to the extent and in the manner provided in the compact;
(7) To bring and prosecute legal proceedings or actions
in its name as the commission. However, the standing of any
state insurance department to sue or be sued under applicable
law shall not be affected;
(8) To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence;
(9) To establish and maintain offices;
(10) To purchase and maintain insurance and bonds;
(11) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a compacting state;
(12) To hire employees, professionals, or specialists, and
elect or appoint officers, and to fix their compensation, define
their duties, and give them appropriate authority to carry out
the purposes of the compact, and determine their qualifications; and to establish the commission’s personnel policies
and programs relating to, among other things, conflicts of
interest, rates of compensation, and qualifications of personnel;
(13) To accept any and all appropriate donations and
grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same. However, the commission shall strive to avoid any appearance of
impropriety;
(14) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed. However, the commission
shall strive to avoid any appearance of impropriety;
(15) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed;
(16) To remit filing fees to compacting states as may be
set forth in the bylaws, rules, or operating procedures;
(17) To enforce compliance by compacting states with
rules, uniform standards, operating procedures, and bylaws;
(18) To provide for dispute resolution among compacting states;
(19) To advise compacting states on issues relating to
insurers domiciled or doing business in noncompacting jurisdictions, consistent with the purposes of the compact;
(20) To provide advice and training to those personnel in
state insurance departments responsible for product review,
and to be a resource for state insurance departments;
(21) To establish a budget and make expenditures;
(22) To borrow money;
(23) To appoint committees, including advisory committees comprising members, state insurance regulators, state
legislators or their representatives, insurance industry and
consumer representatives, and such other interested persons
as may be designated in the bylaws;
(24) To provide and receive information from, and to
cooperate with, law enforcement agencies;
[Title 48 RCW—page 496]
(25) To adopt and use a corporate seal; and
(26) To perform such other functions as may be necessary or appropriate to achieve the purposes of the compact
consistent with the state regulation of the business of insurance. [2005 c 92 § 4.]
48.130.040
48.130.040 Commission membership—Management
and legislative committees—Liability. (1)(a) Each compacting state shall have and be limited to one member. Each
member shall be qualified to serve in that capacity pursuant
to applicable law of the compacting state. Any member may
be removed or suspended from office as provided by the law
of the state from which he or she shall be appointed. Any
vacancy occurring in the commission shall be filled in accordance with the laws of the compacting state wherein the
vacancy exists. This section does not affect the manner in
which a compacting state determines the election or appointment and qualification of its own commissioner.
(b) Each member shall be entitled to one vote and shall
have an opportunity to participate in the governance of the
commission in accordance with the bylaws. Notwithstanding
any provision in this chapter to the contrary, no action of the
commission with respect to the adoption of a uniform standard shall be effective unless two-thirds of the members vote
in favor thereof.
(c) The commission shall, by a majority of the members,
prescribe bylaws to govern its conduct as may be necessary
or appropriate to carry out the purposes, and exercise the
powers, of the compact, including, but not limited to:
(i) Establishing the fiscal year of the commission;
(ii) Providing reasonable procedures for appointing and
electing members, as well as holding meetings, of the management committee;
(iii) Providing reasonable standards and procedures for:
(A) The establishment and meetings of other committees; and
(B) governing any general or specific delegation of any
authority or function of the commission;
(iv) Providing reasonable procedures for calling and
conducting meetings of the commission that consists [consist] of a majority of commission members, ensuring reasonable advance notice of each such meeting and providing for
the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public’s interest, the
privacy of individuals, and insurers’ proprietary information,
including trade secrets. The commission may meet in camera
only after a majority of the entire membership votes to close
a meeting. As soon as practicable, the commission must
make public: (A) A copy of the vote to close the meeting
revealing the vote of each member with no proxy votes
allowed; and (B) votes taken during such meeting;
(v) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission;
(vi) Providing reasonable standards and procedures for
the establishment of the personnel policies and programs of
the commission. Notwithstanding any civil service or other
similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the
commission;
(2008 Ed.)
Interstate Insurance Product Regulation Compact
(vii) Adopting a code of ethics to address permissible
and prohibited activities of commission members and
employees; and
(viii) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any
surplus funds that may exist after the termination of the compact and after the payment or reserving of all of its debts and
obligations.
(d) The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of
the compacting states.
(2)(a) A management committee comprising no more
than fourteen members shall be established as follows:
(i) One member from each of the six compacting states
with the largest premium volume for individual and group
annuities, life, disability income, and long-term care insurance products, determined from the records of the national
association of insurance commissioners for the prior year;
(ii) Four members from those compacting states with at
least two percent of the market based on the premium volume
described under (a)(i) of this subsection, other than the six
compacting states with the largest premium volume, selected
on a rotating basis as provided in the bylaws; and
(iii) Four members from those compacting states with
less than two percent of the market, based on the premium
volume described under (a)(i) of this subsection, with one
selected from each of the four zone regions of the national
association of insurance commissioners as provided in the
bylaws.
(b) The management committee shall have such authority and duties as may be set forth in the bylaws, including but
not limited to:
(i) Managing the affairs of the commission in a manner
consistent with the bylaws and purposes of the commission;
(ii) Establishing and overseeing an organizational structure within, and appropriate procedures for, the commission
to provide for the creation of uniform standards and other
rules, receipt and review of product filings, administrative
and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a compacting state to opt out of a uniform standard. However, a uniform standard shall not be submitted to
the compacting states for adoption unless approved by twothirds of the members of the management committee;
(iii) Overseeing the offices of the commission; and
(iv) Planning, implementing, and coordinating communications and activities with other state, federal, and local
government organizations in order to advance the goals of the
commission.
(c) The commission shall elect annually officers from the
management committee, with each having such authority and
duties, as may be specified in the bylaws.
(d) The management committee may, subject to the
approval of the commission, appoint or retain an executive
director for such period, upon such terms and conditions and
for such compensation as the commission may deem appropriate. The executive director shall serve as secretary to the
commission, but shall not be a member of the commission.
The executive director shall hire and supervise such other
staff as may be authorized by the commission.
(2008 Ed.)
48.130.050
(3)(a) A legislative committee comprising state legislators or their designees shall be established to monitor the
operations of, and make recommendations to, the commission, including the management committee. However, the
manner of selection and term of any legislative committee
member shall be as set forth in the bylaws. Prior to the adoption by the commission of any uniform standard, revision to
the bylaws, annual budget, or other significant matter as may
be provided in the bylaws, the management committee shall
consult with and report to the legislative committee.
(b) The commission shall establish two advisory committees, one of which shall comprise consumer representatives independent of the insurance industry, and the other
comprising insurance industry representatives.
(c) The commission may establish additional advisory
committees as its bylaws may provide for the carrying out of
its functions.
(4) The commission shall maintain its corporate books
and records in accordance with the bylaws.
(5)(a) The members, officers, executive director,
employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities.
However, this subsection (5)(a) does not protect any such
person from suit or liability for any damage, loss, injury or
liability caused by the intentional or willful and wanton misconduct of that person.
(b) The commission shall defend any member, officer,
executive director, employee, or representative of the commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment,
duties, or responsibilities, or that the person against whom
the claim is made had a reasonable basis for believing
occurred within the scope of commission employment,
duties, or responsibilities. However, this subsection (5)(b)
does not prohibit that person from retaining his or her own
counsel. Also, the actual or alleged act, error, or omission
may not have resulted from that person’s intentional or willful and wanton misconduct.
(c) The commission shall indemnify and hold harmless
any member, officer, executive director, employee, or representative of the commission for the amount of any settlement
or judgment obtained against that person arising out of any
actual or alleged act, error, or omission that occurred within
the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing
occurred within the scope of commission employment,
duties, or responsibilities. However, the actual or alleged act,
error, or omission may not have resulted from the intentional
or willful and wanton misconduct of that person. [2005 c 92
§ 5.]
48.130.050 Commission actions—Voting. (1) The
commission shall meet and take such actions as are consistent
with the provisions of the compact and the bylaws.
48.130.050
[Title 48 RCW—page 497]
48.130.060
Title 48 RCW: Insurance
(2) Each member of the commission shall have the right
and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
commission. A member shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide
for members’ participation in meetings by telephone or other
means of communication.
(3) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws. [2005 c 92 § 6.]
48.130.060 Commission rule making—Uniform standards and operating procedures—States may opt out. (1)
The commission shall adopt reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the purposes of the compact. In
the event the commission exercises its rule-making authority
in a manner that is beyond the scope of the purposes of this
chapter, then such an action by the commission shall be
invalid and have no force and effect.
(2) Rules and operating procedures shall be made pursuant to a rule-making process that conforms to the model state
administrative procedure act of 1981 as amended, as may be
appropriate to the operations of the commission. Before the
commission adopts a uniform standard, the commission shall
give written notice to the relevant state legislative committees in each compacting state responsible for insurance issues
of its intention to adopt the uniform standard. The commission in adopting a uniform standard shall consider fully all
submitted materials and issue a concise explanation of its
decision.
(3) A uniform standard shall become effective ninety
days after its adoption by the commission or such later date as
the commission may determine. However, a compacting
state may opt out of a uniform standard as provided in this
section. "Opt out" means any action by a compacting state to
decline to adopt or participate in an adopted uniform standard. All other rules and operating procedures, and amendments thereto, shall become effective as of the date specified
in each rule, operating procedure, or amendment.
(4)(a) A compacting state may opt out of a uniform standard, either by legislation or regulation adopted by the insurance department under the compacting state’s administrative
procedure act. If a compacting state elects to opt out of a uniform standard by rule, it must: (i) Give written notice to the
commission no later than ten business days after the uniform
standard is adopted, or at the time the state becomes a compacting state; and (ii) find that the uniform standard does not
provide reasonable protections to the citizens of the state,
given the conditions in the state.
(b) The commissioner shall make specific findings of
fact and conclusions of law, based on a preponderance of the
evidence, detailing the conditions in the state which warrant
a departure from the uniform standard and determining that
the uniform standard would not reasonably protect the citizens of the state. The commissioner must consider and balance the following factors and find that the conditions in the
state and needs of the citizens of the state outweigh: (i) The
intent of the legislature to participate in, and the benefits of,
an interstate agreement to establish national uniform consumer protections for the products subject to this chapter; and
48.130.060
[Title 48 RCW—page 498]
(ii) the presumption that a uniform standard adopted by the
commission provides reasonable protections to consumers of
the relevant product.
(c) A compacting state may, at the time of its enactment
of the compact, prospectively opt out of all uniform standards
involving long-term care insurance products by expressly
providing for such opt out in the enacted compact, and such
an opt out shall not be treated as a material variance in the
offer or acceptance of any state to participate in the compact.
Such an opt out shall be effective at the time of enactment of
the compact by the compacting state and shall apply to all
existing uniform standards involving long-term care insurance products and those subsequently promulgated.
(5) If a compacting state elects to opt out of a uniform
standard, the uniform standard shall remain applicable in the
compacting state electing to opt out until such time the opt
out legislation is enacted into law or the regulation opting out
becomes effective. Once the opt out of a uniform standard by
a compacting state becomes effective as provided under the
laws of that state, the uniform standard shall have no further
force and effect in that state unless and until the legislation or
regulation implementing the opt out is repealed or otherwise
becomes ineffective under the laws of the state. If a compacting state opts out of a uniform standard after the uniform
standard has been made effective in that state, the opt out
shall have the same prospective effect as provided under
RCW 48.130.130 for withdrawals.
(6) If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and
while the regulatory opt out is pending, the compacting state
may petition the commission, at least fifteen days before the
effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The commission
may grant a stay if it determines the regulatory opt out is
being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the commission, the stay or extension thereof may postpone the
effective date by up to ninety days, unless affirmatively
extended by the commission. However, a stay may not be
permitted to remain in effect for more than one year unless
the compacting state can show extraordinary circumstances
which warrant a continuance of the stay, including, but not
limited to, the existence of a legal challenge which prevents
the compacting state from opting out. A stay may be terminated by the commission upon notice that the rule-making
process has been terminated.
(7) Not later than thirty days after a rule or operating procedure is adopted, any person may file a petition for judicial
review of the rule or operating procedure. However, the filing of such a petition shall not stay or otherwise prevent the
rule or operating procedure from becoming effective unless
the court finds that the petitioner has a substantial likelihood
of success. The court shall give deference to the actions of
the commission consistent with applicable law and shall not
find the rule or operating procedure to be unlawful if the rule
or operating procedure represents a reasonable exercise of the
commission’s authority. [2005 c 92 § 7.]
48.130.070 Commission rule making—Confidentiality of information and records—Compliance with compact. (1) The commission shall adopt rules establishing con48.130.070
(2008 Ed.)
Interstate Insurance Product Regulation Compact
ditions and procedures for public inspection and copying of
its information and official records, except such information
and records involving the privacy of individuals and insurers’
trade secrets. The commission may adopt additional rules
under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into
agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(2) Except as to privileged records, data, and information, the laws of any compacting state pertaining to confidentiality or nondisclosure shall not relieve any compacting state
commissioner of the duty to disclose any relevant records,
data or information to the commission. However, disclosure
to the commission does not waive or otherwise affect any
confidentiality requirement. Also, except as otherwise
expressly provided in this chapter, the commission shall not
be subject to the compacting state’s laws pertaining to confidentiality and nondisclosure with respect to records, data, and
information in its possession. Confidential information of
the commission shall remain confidential after such information is provided to any commissioner.
(3) The commission shall monitor compacting states for
compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The commission
shall notify any noncomplying compacting state in writing of
its noncompliance with commission bylaws, rules or operating procedures. If a noncomplying compacting state fails to
remedy its noncompliance within the time specified in the
notice of noncompliance, the compacting state shall be
deemed to be in default as set forth in RCW 48.130.130.
(4) The commissioner of any state in which an insurer is
authorized to do business, or is conducting the business of
insurance, shall continue to exercise his or her authority to
oversee the market regulation of the activities of the insurer
in accordance with the provisions of the state’s law. The
commissioner’s enforcement of compliance with the compact is governed by the following provisions:
(a) With respect to the commissioner’s market regulation
of a product or advertisement that is approved or certified to
the commission, the content of the product or advertisement
shall not constitute a violation of the provisions, standards, or
requirements of the compact except upon a final order of the
commission, issued at the request of a commissioner after
prior notice to the insurer and an opportunity for hearing
before the commission.
(b) Before a commissioner may bring an action for violation of any provision, standard, or requirement of the compact relating to the content of an advertisement not approved
or certified to the commission, the commission, or an authorized commission officer or employee, must authorize the
action. However, authorization under this subsection (4)(b)
does not require notice to the insurer, opportunity for hearing,
or disclosure of requests for authorization or records of the
commission’s action on such requests. [2005 c 92 § 8.]
48.130.080 Dispute resolution. The commission shall
attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and
which may arise between two or more compacting states, or
48.130.080
(2008 Ed.)
48.130.110
between compacting states and noncompacting states, and
the commission shall adopt an operating procedure providing
for resolution of such disputes. [2005 c 92 § 9.]
48.130.090 Commission approval of product—Filing—Rule making. (1) Insurers and third-party filers seeking to have a product approved by the commission shall file
the product with, and pay applicable filing fees to, the commission. This chapter does not restrict or otherwise prevent
an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct
the business of insurance, and such filing shall be subject to
the laws of the states where filed.
(2) The commission shall establish appropriate filing and
review processes and procedures pursuant to commission
rules and operating procedures. The commission shall adopt
rules to establish conditions and procedures under which the
commission will provide public access to product filing
information. In establishing such rules, the commission shall
consider the interests of the public in having access to such
information, as well as protection of personal medical and
financial information and trade secrets, that may be contained
in a product filing or supporting information.
(3) Any product approved by the commission may be
sold or otherwise issued in those compacting states for which
the insurer is legally authorized to do business. [2005 c 92 §
10.]
48.130.090
48.130.100 Commission disapproval of product—
Appeal. (1) Not later than thirty days after the commission
has given notice of a disapproved product or advertisement
filed with the commission, the insurer or third-party filer
whose filing was disapproved may appeal the determination
to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing such review panels and provide for notice and hearing.
An allegation that the commission, in disapproving a product
or advertisement filed with the commission, acted arbitrarily,
capriciously, or in a manner that is an abuse of discretion or
otherwise not in accordance with the law, is subject to judicial review in accordance with RCW 48.130.020(4).
(2) The commission shall have authority to monitor,
review, and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where
appropriate, the commission may withdraw or modify its
approval after proper notice and hearing, subject to the appeal
process in subsection (1) of this section. [2005 c 92 § 11.]
48.130.100
48.130.110 Commission expenses—Budget—Tax
exempt—Accounting. (1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other
forms of funding from the national association of insurance
commissioners, compacting states, and other sources. Contributions and other forms of funding from other sources shall
be of such a nature that the independence of the commission
concerning the performance of its duties shall not be compromised.
48.130.110
[Title 48 RCW—page 499]
48.130.120
Title 48 RCW: Insurance
(2) The commission shall collect a filing fee from each
insurer and third-party filer filing a product with the commission to cover the cost of the operations and activities of the
commission and its staff in a total amount sufficient to cover
the commission’s annual budget.
(3) The commission’s budget for a fiscal year shall not
be approved until it has been subject to notice and comment
as set forth in RCW 48.130.060.
(4) The commission shall be exempt from all taxation in
and by the compacting states.
(5) The commission shall not pledge the credit of any
compacting state, except by and with the appropriate legal
authority of that compacting state.
(6) The commission shall keep complete and accurate
accounts of all its internal receipts, including grants and
donations, and disbursements of all funds under its control.
The internal financial accounts of the commission shall be
subject to the accounting procedures established under its
bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission
shall be audited annually by an independent certified public
accountant. Upon the determination of the commission, but
no less frequently than every three years, the review of the
independent auditor shall include a management and performance audit of the commission. The commission shall make
an annual report to the governor and legislature of the compacting states, which shall include a report of the independent
audit. The commission’s internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state upon request. However, any
work papers related to any internal or independent audit and
any information regarding the privacy of individuals and
insurers’ proprietary information, including trade secrets,
shall remain confidential.
(7) A compacting state does not have any claim to or
ownership of any property held by or vested in the commission or to any commission funds held under this chapter.
[2005 c 92 § 12.]
48.130.120 Compact, commission, compact amendments—When effective. (1) Any state is eligible to become
a compacting state.
(2) The compact shall become effective and binding
upon legislative enactment of the compact into law by two
compacting states. However, the commission shall become
effective for purposes of adopting uniform standards for,
reviewing, and giving approval or disapproval of products
filed with the commission that satisfy applicable uniform
standards only after twenty-six states are compacting states
or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based
on records of the national association of insurance commissioners for the prior year. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.
(3) Amendments to the compact may be proposed by the
commission for enactment by the compacting states. An
amendment does not become effective and binding upon the
commission and the compacting states unless and until all
48.130.120
[Title 48 RCW—page 500]
compacting states enact the amendment into law. [2005 c 92
§ 13.]
48.130.130 Withdrawal from compact, how—
Default by state—Dissolution of compact. (1)(a) Once
effective, the compact shall continue in force and remain
binding upon each and every compacting state. However, a
compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted
the compact into law.
(b) The effective date of withdrawal is the effective date
of the repealing statute. However, the withdrawal shall not
apply to any product filings approved or self-certified, or any
advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the
commission and the withdrawing state unless the approval is
rescinded by the withdrawing state as provided in (e) of this
subsection.
(c) The commissioner of the withdrawing state shall
immediately notify the management committee in writing
upon the introduction of legislation repealing the compact in
the withdrawing state.
(d) The commission shall notify the other compacting
states of the introduction of such legislation within ten days
after its receipt of notice thereof.
(e) The withdrawing state is responsible for all obligations, duties, and liabilities incurred through the effective
date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been
released or relinquished by mutual agreement of the commission and the withdrawing state. The commission’s approval
of products and advertisement prior to the effective date of
withdrawal shall continue to be effective and be given full
force and effect in the withdrawing state, unless formally
rescinded by the withdrawing state in the same manner as
provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously
approved under state law.
(f) Reinstatement following withdrawal of any compacting state shall occur upon the effective date of the withdrawing state reenacting the compact.
(2)(a) If the commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under the compact, the bylaws,
or adopted rules or operating procedures, then, after notice
and hearing as set forth in the bylaws, all rights, privileges,
and benefits conferred by the compact on the defaulting state
shall be suspended from the effective date of default as fixed
by the commission. The grounds for default include, but are
not limited to, failure of a compacting state to perform its
obligations or responsibilities, and any other grounds designated in commission rules. The commission shall immediately notify the defaulting state in writing of the defaulting
state’s suspension pending a cure of the default. The commission shall stipulate the conditions and the time period
within which the defaulting state must cure its default. If the
defaulting state fails to cure the default within the time period
specified by the commission, the defaulting state shall be terminated from the compact and all rights, privileges, and ben48.130.130
(2008 Ed.)
Insurance Fraud Program
efits conferred by the compact shall be terminated from the
effective date of termination.
(b) Product approvals by the commission or product selfcertifications, or any advertisement in connection with such
product, that are in force on the effective date of termination
shall remain in force in the defaulting state in the same manner as if the defaulting state had withdrawn voluntarily under
subsection (1) of this section.
(c) Reinstatement following termination of any compacting state requires a reenactment of the compact.
(3)(a) The compact dissolves effective upon the date of
the withdrawal or default of the compacting state which
reduces membership in the compact to one compacting state.
(b) Upon the dissolution of the compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the commission shall be
wound up and any surplus funds shall be distributed in accordance with the bylaws. [2005 c 92 § 14.]
48.130.140 Effect of compact—Other state laws—
Binding on compacting states, when. (1)(a) The compact
does not prevent the enforcement of any other law of a compacting state, except as provided in (b) of this subsection.
(b) For any product approved or certified to the commission, the rules, uniform standards, and any other requirements
of the commission shall constitute the exclusive provisions
applicable to the content, approval, and certification of such
products. For advertisement that is subject to the commission’s authority, any rule, uniform standard, or other requirement of the commission which governs the content of the
advertisement shall constitute the exclusive provision that a
commissioner may apply to the content of the advertisement.
However, no action taken by the commission shall abrogate
or restrict: (i) The access of any person to state courts; (ii)
remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the product; (iii) state law relating to the construction
of insurance contracts; or (iv) the authority of the attorney
general of the state, including but not limited to maintaining
any actions or proceedings, as authorized by law.
(c) All insurance products filed with individual states
shall be subject to the laws of those states.
(2)(a) All lawful actions of the commission, including all
rules and operating procedures adopted by the commission,
are binding upon the compacting states.
(b) All agreements between the commission and the
compacting states are binding in accordance with their terms.
(c) Upon the request of a party to a conflict over the
meaning or interpretation of commission actions, and upon a
majority vote of the compacting states, the commission may
issue advisory opinions regarding the meaning or interpretation in dispute.
(d) In the event any provision of the compact exceeds the
constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by that provision upon the commission shall be ineffective as to that compacting state, and those
obligations, duties, powers, or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof
to which those obligations, duties, powers, or jurisdiction are
48.130.140
(2008 Ed.)
48.135.010
delegated by law in effect at the time the compact becomes
effective. [2005 c 92 § 15.]
48.130.900 Severability—2005 c 92. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2005 c 92 § 16.]
48.130.900
48.130.901 Construction—2005 c 92. This chapter
shall be liberally construed. [2005 c 92 § 17.]
48.130.901
Chapter 48.135
Chapter 48.135 RCW
INSURANCE FRAUD PROGRAM
Sections
48.135.005
48.135.007
48.135.010
48.135.020
48.135.030
48.135.040
48.135.050
48.135.060
48.135.070
48.135.080
48.135.090
48.135.100
48.135.110
48.135.900
48.135.901
Purpose.
When chapter not applicable.
Definitions.
Insurance fraud program established—Commissioner’s powers and duties.
Program operating costs.
Program implementation—Commissioner’s authority—Limited authority peace officers.
Furnishing and disclosing insurance fraud knowledge and
information.
Disclosure of documents, materials, or other information—
Exemptions.
Insurance company as victim—Restitution.
Required statement on all insurance applications and claim
forms.
Insurance fraud advisory board—Membership.
Program report—Contents.
Rules.
Severability—2006 c 284.
Effective date—2006 c 284.
48.135.005 Purpose. The purpose of this chapter and
sections 14 through 17, chapter 284, Laws of 2006 is to confront the problem of insurance fraud in this state by making a
concerted effort to detect insurance fraud, reduce the occurrence of fraud through criminal enforcement and deterrence,
require restitution of fraudulently obtained insurance benefits
and expenses incurred by an insurer in investigating fraudulent claims, and reduce the amount of premium dollars used
to pay fraudulent claims. The primary focus of the insurance
fraud program is on organized fraudulent activities committed against insurance companies. [2006 c 284 § 1.]
48.135.005
48.135.007 When chapter not applicable. This chapter does not:
(1) Preempt the authority or relieve the duty of any other
general authority law enforcement agencies to investigate,
examine, and prosecute suspected violations of law;
(2) Prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law
enforcement agency other than the commissioner; or
(3) Limit any of the powers granted elsewhere in this
title to the commissioner to investigate and examine possible
violations of the law and to take appropriate action. [2006 c
284 § 9.]
48.135.007
48.135.010 Definitions. (Effective until July 1, 2009.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
48.135.010
[Title 48 RCW—page 501]
48.135.010
Title 48 RCW: Insurance
(1) "Insurance fraud" means an act or omission committed by a person who, knowingly, and with intent to defraud,
commits, or conceals any material information concerning,
one or more of the following:
(a) Presenting, causing to be presented, or preparing with
knowledge or belief that it will be presented to or by an
insurer, broker, or its agent, false information as part of, in
support of, or concerning a fact material to one or more of the
following:
(i) An application for the issuance or renewal of an insurance policy;
(ii) The rating of an insurance policy or contract;
(iii) A claim for payment or benefit pursuant to an insurance policy;
(iv) Premiums paid on an insurance policy;
(v) Payments made in accordance with the terms of an
insurance policy; or
(vi) The reinstatement of an insurance policy;
(b) Willful embezzlement, abstracting, purloining, or
conversion of moneys, funds, premiums, credits, or other
property of an insurer or person engaged in the business of
insurance; or
(c) Attempting to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions
specified in this subsection.
The definition of insurance fraud is for illustrative purposes only under this chapter to describe the nature of the
behavior to be reported and investigated, and is not intended
in any manner to create or modify the definition of any existing criminal acts nor to create or modify the burdens of proof
in any criminal prosecution brought as a result of an investigation under this chapter.
(2) "Insurer" means an insurance company authorized
under chapter 48.05 RCW, a health care service contractor
registered under chapter 48.44 RCW, and a health care maintenance organization registered under chapter 48.46 RCW.
[2006 c 284 § 2.]
48.135.010 Definitions. (Effective July 1, 2009.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Insurance fraud" means an act or omission committed by a person who, knowingly, and with intent to defraud,
commits, or conceals any material information concerning,
one or more of the following:
(a) Presenting, causing to be presented, or preparing with
knowledge or belief that it will be presented to or by an
insurer or insurance producer, false information as part of, in
support of, or concerning a fact material to one or more of the
following:
(i) An application for the issuance or renewal of an insurance policy;
(ii) The rating of an insurance policy or contract;
(iii) A claim for payment or benefit pursuant to an insurance policy;
(iv) Premiums paid on an insurance policy;
(v) Payments made in accordance with the terms of an
insurance policy; or
(vi) The reinstatement of an insurance policy;
(b) Willful embezzlement, abstracting, purloining, or
conversion of moneys, funds, premiums, credits, or other
48.135.010
[Title 48 RCW—page 502]
property of an insurer or person engaged in the business of
insurance; or
(c) Attempting to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions
specified in this subsection.
The definition of insurance fraud is for illustrative purposes only under this chapter to describe the nature of the
behavior to be reported and investigated, and is not intended
in any manner to create or modify the definition of any existing criminal acts nor to create or modify the burdens of proof
in any criminal prosecution brought as a result of an investigation under this chapter.
(2) "Insurer" means an insurance company authorized
under chapter 48.05 RCW, a health care service contractor
registered under chapter 48.44 RCW, and a health care maintenance organization registered under chapter 48.46 RCW.
[2008 c 217 § 97; 2006 c 284 § 2.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
48.135.020 Insurance fraud program established—
Commissioner’s powers and duties. (1) There is established an insurance fraud program within the office of the
insurance commissioner. The commissioner may employ
supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience in
the areas of detection, investigation, or prosecution of fraud
in which the insurance industry is a victim. The chief of the
fraud program is a full-time position that is appointed by the
commissioner. The chief serves at the pleasure of the commissioner. The commissioner shall provide office space,
equipment, supplies, investigators, clerical staff, and other
staff that are necessary for the program to carry out its duties
and responsibilities under this chapter.
(2) The commissioner may fund one or more state patrol
officers to work with the insurance fraud program and the
funding for the officers must be paid out of the budget of the
insurance fraud program.
(3) The commissioner may fund one or more assistant
attorneys general and support staff to work with the insurance
fraud program and the funding for the assistant attorneys general and support staff must be paid out of the budget of the
insurance fraud program.
(4) The commissioner may make grants to or reimburse
local prosecuting attorneys to assist in the prosecution of
insurance fraud. The grants must be paid out of the budget of
the insurance fraud program. The commissioner may investigate and seek prosecution of crimes involving insurance
fraud upon the request of or with the concurrence of the
county prosecuting attorney of the jurisdiction in which the
offense has occurred. Before such a prosecution, the commissioner and the county in which the offense occurred shall
reach an agreement regarding the payment of all costs,
including expert witness fees, and defense attorneys’ fees
associated with any such prosecution.
(5) Staff levels for this program, until June 30, 2010,
shall not exceed 8.0 full-time equivalents. [2006 c 284 § 3.]
48.135.020
48.135.030 Program operating costs. The annual cost
of operating the fraud program is funded from the insurance
48.135.030
(2008 Ed.)
Insurance Fraud Program
commissioner’s regulatory account under RCW 48.02.190
subject to appropriation by the legislature. [2006 c 284 § 4.]
48.135.040 Program implementation—Commissioner’s authority—Limited authority peace officers. (1)
The commissioner may:
(a) Employ and train personnel to achieve the purposes
of this chapter and to employ legal counsel, investigators,
auditors, and clerical support personnel and other personnel
as the commissioner determines necessary from time to time
to accomplish the purposes of this chapter;
(b) Initiate inquiries and conduct investigations when the
commissioner has cause to believe that insurance fraud has
been, is being, or is about to be committed;
(c) Conduct independent examinations of alleged insurance fraud;
(d) Review notices, reports, or complaints of suspected
insurance fraud activities from federal, state, and local law
enforcement and regulatory agencies, persons engaged in the
business of insurance, and any other person to determine
whether the reports require further investigation;
(e) Share records and evidence with federal, state, or
local law enforcement or regulatory agencies, and enter into
interagency agreements;
(f) Conduct investigations outside this state. If the information the commissioner seeks to obtain is located outside
this state, the person from whom the information is sought
may make the information available to the commissioner to
examine at the place where the information is located. The
commissioner may designate representatives, including officials of the state in which the matter is located, to inspect the
information on behalf of the commissioner, and the commissioner may respond to similar requests from officials of other
states;
(g) Administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require
the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the
commissioner deems relevant or material to an inquiry concerning insurance fraud;
(h) Report incidents of alleged insurance fraud disclosed
by its investigations to the appropriate prosecutorial authority, including but not limited to the attorney general and to
any other appropriate law enforcement, administrative, regulatory, or licensing agency;
(i) Assemble evidence, prepare charges, and work
closely with any prosecutorial authority having jurisdiction to
pursue prosecution of insurance fraud; and
(j) Undertake independent studies to determine the
extent of fraudulent insurance acts.
(2) The fraud program investigators who have obtained
certification as a peace officer under RCW 43.101.095 have
the powers and status of a limited authority Washington
peace officer. [2006 c 284 § 5.]
48.135.040
48.135.050 Furnishing and disclosing insurance
fraud knowledge and information. (1) Any insurer or licensee of the commissioner that has reasonable belief that an
act of insurance fraud which is or may be a crime under
Washington law has been, is being, or is about to be commit48.135.050
(2008 Ed.)
48.135.060
ted shall furnish and disclose the knowledge and information
to the commissioner or the national insurance crime bureau,
the national association of insurance commissioners, or similar organization, who shall disclose the information to the
commissioner, and cooperate fully with any investigation
conducted by the commissioner.
(2) Any person that has a reasonable belief that an act of
insurance fraud which is or may be a crime under Washington law has been, is being, or is about to be committed; or any
person who collects, reviews, or analyzes information concerning insurance fraud which is or may be a crime under
Washington law may furnish and disclose any information in
its possession concerning such an act to the commissioner or
to an authorized representative of an insurer that requests the
information for the purpose of detecting, prosecuting, or preventing insurance fraud. [2006 c 284 § 6.]
48.135.060 Disclosure of documents, materials, or
other information—Exemptions. (1) Documents, materials, or other information as described in subsection (3), (4), or
both of this section are exempt from public inspection and
copying under chapters 42.17 and 42.56 RCW. The commissioner is authorized to use such documents, materials, or
other information in the furtherance of any regulatory or legal
action brought as a part of the commissioner’s official duties.
(2) The commissioner:
(a) May share documents, materials, or other information, including the documents, materials, or information subject to subsection (1) of this section, with (i) the national
association of insurance commissioners and its affiliates and
subsidiaries, (ii) regulatory and law enforcement officials of
other states and nations, the federal government, and international authorities, (iii) the national insurance crime bureau,
and (iv) an insurer with respect to whom the suspected fraudulent claim may be perpetrated;
(b) May receive documents, materials, or information
from (i) the national association of insurance commissioners
and its affiliates and subsidiaries, (ii) regulatory and law
enforcement officials of other states and nations, the federal
government, and international authorities, (iii) the national
insurance crime bureau, and (iv) an insurer with respect to
whom the suspected fraudulent claim may be perpetrated and
any such documents, materials, or information as described
in subsection (3), (4), or both of this section are exempt from
public inspection and copying; and
(c) May enter into agreements governing the sharing and
use of information consistent with this subsection.
(3) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, the fraud program of the office of the
insurance commissioner, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy, are
exempt under subsection (1) of this section.
(4) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, and penology agencies, or
the fraud program of the office of the insurance commissioner, if disclosure would endanger any person’s life, physical safety, or property, is exempt under subsection (1) of this
48.135.060
[Title 48 RCW—page 503]
48.135.070
Title 48 RCW: Insurance
section. If at the time a complaint is filed the complainant,
victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.
(5) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may
occur as a result of disclosure to the commissioner under this
section or as a result of sharing documents, materials, or
information as authorized in subsection (2) of this section.
(6) Documents, materials, or other information that is in
the possession of persons other than the commissioner that
would otherwise not be confidential by law or privileged do
not become confidential by law or privileged by providing
the documents, materials, or other information to the commissioner. [2006 c 284 § 7.]
48.135.070 Insurance company as victim—Restitution. In a criminal prosecution for any crime under Washington law in which the insurance company is a victim, the insurance company is entitled to be considered as a victim in any
restitution ordered by the court under RCW 9.94A.753, as
part of the criminal penalty imposed against the defendant
convicted for such a violation. [2006 c 284 § 8.]
fraud program, the source of the funding for the program, and
before June 30, 2010, if the staffing level restriction in RCW
48.135.020(5) should be renewed. [2006 c 284 § 11.]
48.135.100 Program report—Contents. The commissioner shall prepare a periodic report of the activities of the
fraud program. The report shall, at a minimum, include
information as to the number of cases reported to the commissioner, the number of cases referred for prosecution, the
number of convictions obtained, the amount of money recovered, and any recommendations of the insurance advisory
board. [2006 c 284 § 12.]
48.135.100
48.135.110 Rules. The commissioner may adopt rules
to implement and administer this chapter. [2006 c 284 § 13.]
48.135.110
48.135.070
48.135.900 Severability—2006 c 284. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 284 § 19.]
48.135.900
48.135.901 Effective date—2006 c 284. This act takes
effect July 1, 2006. [2006 c 284 § 21.]
48.135.901
48.135.080 Required statement on all insurance
applications and claim forms. No later than six months
after July 1, 2006, or when the insurer has used all its existing
paper application and claim forms which were in its possession on July 1, 2006, whichever is later, all applications for
insurance, and all claim forms regardless of the form of transmission provided and required by an insurer or required by
law as condition of payment of a claim, must contain a statement, permanently affixed to the application or claim form,
that clearly states in substance the following:
"It is a crime to knowingly provide false, incomplete, or
misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits."
The lack of a statement required in this section does not
constitute a defense in any criminal prosecution nor any civil
action. [2006 c 284 § 10.]
48.135.080
48.135.090 Insurance fraud advisory board—Membership. The commissioner shall appoint an insurance fraud
advisory board. The board shall consist of ten members.
Five members shall be representatives from the insurance
industry doing business in this state, at least one of which
shall be from a Washington domestic insurer, two members
shall represent consumers, one member shall represent the
national insurance crime bureau or successor organization,
one member shall represent prosecutors, and one member
shall represent other law enforcement agencies. The members of the board serve four-year terms and until their successors are appointed and qualified. Three of the original members must be appointed to serve an initial term of four years,
three must be appointed to serve an initial term of three years,
two must be appointed to serve an initial term of two years,
and two must be appointed to serve an initial term of one
year. The members of the board receive no compensation.
The board shall advise the commissioner and the legislature
with respect to the effectiveness, resources allocated to the
48.135.090
[Title 48 RCW—page 504]
Chapter 48.140
Chapter 48.140 RCW
MEDICAL MALPRACTICE
CLOSED CLAIM REPORTING
Sections
48.140.010
48.140.020
48.140.030
48.140.040
48.140.050
48.140.060
48.140.070
48.140.080
48.140.900
Definitions.
Closed claim reporting requirements.
Closed claim reports—Information requirements.
Statistical summaries.
Annual report.
Rules.
Model statistical reporting standards—Report to legislature.
Reporting requirements under RCW 48.19.370 not affected.
Findings—Intent—Part headings and subheadings not law—
Severability—2006 c 8.
48.140.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Claim" means a demand for monetary damages for
injury or death caused by medical malpractice, and a voluntary indemnity payment for injury or death caused by medical
malpractice made in the absence of a demand for monetary
damages.
(2) "Claimant" means a person, including a decedent’s
estate, who is seeking or has sought monetary damages for
injury or death caused by medical malpractice.
(3) "Closed claim" means a claim that has been settled or
otherwise disposed of by the insuring entity, self-insurer,
facility, or provider. A claim may be closed with or without
an indemnity payment to a claimant.
(4) "Commissioner" means the insurance commissioner.
(5) "Economic damages" has the same meaning as in
RCW 4.56.250(1)(a).
(6) "Health care facility" or "facility" means a clinic,
diagnostic center, hospital, laboratory, mental health center,
nursing home, office, surgical facility, treatment facility, or
48.140.010
(2008 Ed.)
Medical Malpractice Closed Claim Reporting
similar place where a health care provider provides health
care to patients, and includes entities described in RCW
7.70.020(3).
(7) "Health care provider" or "provider" has the same
meaning as in RCW 7.70.020 (1) and (2).
(8) "Insuring entity" means:
(a) An insurer;
(b) A joint underwriting association;
(c) A risk retention group; or
(d) An unauthorized insurer that provides surplus lines
coverage.
(9) "Medical malpractice" means an actual or alleged
negligent act, error, or omission in providing or failing to provide health care services that is actionable under chapter 7.70
RCW.
(10) "Noneconomic damages" has the same meaning as
in RCW 4.56.250(1)(b).
(11) "Self-insurer" means any health care provider, facility, or other individual or entity that assumes operational or
financial risk for claims of medical malpractice. [2006 c 8 §
201.]
48.140.020 Closed claim reporting requirements. (1)
For claims closed on or after January 1, 2008:
(a) Every insuring entity or self-insurer that provides
medical malpractice insurance to any facility or provider in
Washington state must report each medical malpractice
closed claim to the commissioner.
(b) If a claim is not covered by an insuring entity or selfinsurer, the facility or provider named in the claim must
report it to the commissioner after a final claim disposition
has occurred due to a court proceeding or a settlement by the
parties.
Instances in which a claim may not be covered by an
insuring entity or self-insurer include, but are not limited to,
situations in which the:
(i) Facility or provider did not buy insurance or maintained a self-insured retention that was larger than the final
judgment or settlement;
(ii) Claim was denied by an insuring entity or selfinsurer because it did not fall within the scope of the insurance coverage agreement; or
(iii) Annual aggregate coverage limits had been
exhausted by other claim payments.
(c) If a facility or provider is insured by a risk retention
group and the risk retention group refuses to report closed
claims and asserts that the federal liability risk retention act
(95 Stat. 949; 15 U.S.C. Sec. 3901 et seq.) preempts state law,
the facility or provider must report all data required by this
chapter on behalf of the risk retention group.
(d) If a facility or provider is insured by an unauthorized
insurer and the unauthorized insurer refuses to report closed
claims and asserts a federal exemption or other jurisdictional
preemption, the facility or provider must report all data
required by this chapter on behalf of the unauthorized insurer.
(2) Beginning in 2009, reports required under subsection
(1) of this section must be filed by March 1st, and include
data for all claims closed in the preceding calendar year and
any adjustments to data reported in prior years. The commissioner may adopt rules that require insuring entities, self48.140.020
(2008 Ed.)
48.140.030
insurers, facilities, or providers to file closed claim data electronically.
(3) The commissioner may impose a fine of up to two
hundred fifty dollars per day against any insuring entity,
except a risk retention group, that violates the requirements
of this section.
(4) The department of health, department of licensing, or
department of social and health services may require a provider or facility to take corrective action to assure compliance
with the requirements of this section. [2007 c 32 § 1; 2006 c
8 § 202.]
48.140.030 Closed claim reports—Information
requirements. Reports required under RCW 48.140.020
must contain the following information in a form and coding
protocol prescribed by the commissioner that, to the extent
possible and still fulfill the purposes of this chapter, are consistent with the format for data reported to the national practitioner data bank:
(1) Claim and incident identifiers, including:
(a) A claim identifier assigned to the claim by the insuring entity, self-insurer, facility, or provider; and
(b) An incident identifier if companion claims have been
made by a claimant. For the purposes of this section, "companion claims" are separate claims involving the same incident of medical malpractice made against other providers or
facilities;
(2) The medical specialty of the provider who was primarily responsible for the incident of medical malpractice
that led to the claim;
(3) The type of health care facility where the medical
malpractice incident occurred;
(4) The primary location within a facility where the medical malpractice incident occurred;
(5) The geographic location, by city and county, where
the medical malpractice incident occurred;
(6) The injured person’s sex and age on the incident date;
(7) The severity of malpractice injury using the national
practitioner data bank severity scale;
(8) The dates of:
(a) The incident that was the proximate cause of the
claim;
(b) Notice to the insuring entity, self-insurer, facility, or
provider;
(c) Suit, if filed;
(d) Final indemnity payment, if any; and
(e) Final action by the insuring entity, self-insurer, facility, or provider to close the claim;
(9) Settlement information that identifies the timing and
final method of claim disposition, including:
(a) Claims settled by the parties;
(b) Claims disposed of by a court, including the date disposed; or
(c) Claims disposed of by alternative dispute resolution,
such as arbitration, mediation, private trial, and other common dispute resolution methods; and
(d) Whether the settlement occurred before or after trial,
if a trial occurred;
(10) Specific information about the indemnity payments
and defense expenses, as follows:
48.140.030
[Title 48 RCW—page 505]
48.140.040
Title 48 RCW: Insurance
(a) For claims disposed of by a court that result in a verdict or judgment that itemizes damages:
(i) The total verdict or judgment;
(ii) If there is more than one defendant, the total indemnity paid by or on behalf of this facility or provider;
(iii) Economic damages;
(iv) Noneconomic damages; and
(v) Allocated loss adjustment expense, including but not
limited to court costs, attorneys’ fees, and costs of expert witnesses; and
(b) For claims that do not result in a verdict or judgment
that itemizes damages:
(i) The total amount of the settlement;
(ii) If there is more than one defendant, the total indemnity paid by or on behalf of this facility or provider;
(iii) Paid and estimated economic damages; and
(iv) Allocated loss adjustment expense, including but not
limited to court costs, attorneys’ fees, and costs of expert witnesses;
(11) The reason for the medical malpractice claim. The
reporting entity must use the same allegation group and act or
omission codes used for mandatory reporting to the national
practitioner data bank; and
(12) Any other claim-related data the commissioner
determines to be necessary to monitor the medical malpractice marketplace, if such data are reported:
(a) To the national practitioner data bank; or
(b) Voluntarily by members of the physician insurers
association of America as part of the association’s data-sharing project. [2006 c 8 § 203.]
48.140.040 Statistical summaries. The commissioner
must prepare aggregate statistical summaries of closed claims
based on data submitted under RCW 48.140.020.
(1) At a minimum, the commissioner must summarize
data by calendar year and calendar/incident year. The commissioner may also decide to display data in other ways if the
commissioner:
(a) Protects information as required under RCW
48.140.060(2); and
(b) Exempts from disclosure data described in *RCW
42.56.400(11).
(2) The summaries must be available by April 30th of
each year, unless the commissioner notifies legislative committees by March 15th that data are not available and informs
the committees when the summaries will be completed.
(3) Information included in an individual closed claim
report submitted by an insuring entity, self-insurer, provider,
or facility under this chapter is confidential and exempt from
public disclosure, and the commissioner must not make these
data available to the public. [2006 c 8 § 204.]
48.140.040
*Reviser’s note: RCW 42.56.400 was amended by 2007 c 197 § 7,
changing subsection (11) to subsection (10).
48.140.050 Annual report. Beginning in 2010, the
commissioner must prepare an annual report that summarizes
and analyzes the closed claim reports for medical malpractice
filed under RCW 48.140.020 and 7.70.140 and the annual
financial reports filed by authorized insurers writing medical
malpractice insurance in this state. The commissioner must
complete the report by June 30th, unless the commissioner
48.140.050
[Title 48 RCW—page 506]
notifies legislative committees by June 1st that data are not
available and informs the committees when the summaries
will be completed.
(1) The report must include:
(a) An analysis of reported closed claims from prior
years for which data are collected. The analysis must show:
(i) Trends in the frequency and severity of claim payments;
(ii) A comparison of economic and noneconomic damages;
(iii) A distribution of allocated loss adjustment expenses
and other legal expenses;
(iv) The types of medical malpractice for which claims
have been paid; and
(v) Any other information the commissioner finds relevant to trends in medical malpractice closed claims if the
commissioner:
(A) Protects information as required under RCW
48.140.060(2); and
(B) Exempts from disclosure data described in *RCW
42.56.400(11);
(b) An analysis of the medical malpractice insurance
market in Washington state, including:
(i) An analysis of the financial reports of the authorized
insurers with a combined market share of at least ninety percent of direct written medical malpractice premium in Washington state for the prior calendar year;
(ii) A loss ratio analysis of medical malpractice insurance written in Washington state; and
(iii) A profitability analysis of the authorized insurers
with a combined market share of at least ninety percent of
direct written medical malpractice premium in Washington
state for the prior calendar year;
(c) A comparison of loss ratios and the profitability of
medical malpractice insurance in Washington state to other
states based on financial reports filed with the national association of insurance commissioners and any other source of
information the commissioner deems relevant; and
(d) A summary of the rate filings for medical malpractice
that have been approved by the commissioner for the prior
calendar year, including an analysis of the trend of direct
incurred losses as compared to prior years.
(2) The commissioner must post reports required by this
section on the internet no later than thirty days after they are
due.
(3) The commissioner may adopt rules that require insuring entities and self-insurers required to report under RCW
48.140.020 and subsection (1)(a) of this section to report data
related to:
(a) The frequency and severity of closed claims for the
reporting period; and
(b) Any other closed claim information that helps the
commissioner monitor losses and claim development patterns in the Washington state medical malpractice insurance
market. [2006 c 8 § 205.]
*Reviser’s note: RCW 42.56.400 was amended by 2007 c 197 § 7,
changing subsection (11) to subsection (10).
48.140.060 Rules. The commissioner must adopt all
rules needed to implement this chapter. The rules must:
48.140.060
(2008 Ed.)
Direct Patient-Provider Primary Health Care
(1) Identify which insuring entity or self-insurer has the
primary obligation to report a closed claim when more than
one insuring entity or self-insurer is providing medical malpractice liability coverage to a single health care provider or
a single health care facility that has been named in a claim;
(2) Protect information that, alone or in combination
with other data, could result in the ability to identify a claimant, health care provider, health care facility, or self-insurer
involved in a particular claim or collection of claims; and
(3) Specify standards and methods for the reporting by
claimants, insuring entities, self-insurers, facilities, and providers. [2006 c 8 § 206.]
48.140.070 Model statistical reporting standards—
Report to legislature. (1) If the national association of
insurance commissioners adopts revised model statistical
reporting standards for medical malpractice insurance, the
commissioner must analyze the new reporting standards and
report this information to the legislature, as follows:
(a) An analysis of any differences between the model
reporting standards and:
(i) RCW 48.140.010 through 48.140.060; and
(ii) Any statistical plans that the commissioner has
adopted under RCW 48.19.370; and
(b) Recommendations, if any, about legislative changes
necessary to implement the model reporting standards.
(2) The commissioner must submit the report required
under subsection (1) of this section to the following legislative committees by the first day of December in the year after
the national association of insurance commissioners adopts
new model medical malpractice reporting standards:
(a) The house of representatives committees on health
care; financial institutions and insurance; and judiciary; and
(b) The senate committees on health and long-term care;
financial institutions, housing and consumer protection; and
judiciary. [2006 c 8 § 207.]
48.140.070
48.140.080 Reporting requirements under RCW
48.19.370 not affected. This chapter does not amend or
modify the statistical reporting requirements that apply to
insurers under RCW 48.19.370. [2006 c 8 § 208.]
48.140.080
48.140.900 Findings—Intent--Part headings and
subheadings not law--Severability--2006 c 8. See notes
following RCW 5.64.010.
48.140.900
Chapter 48.150
Chapter 48.150 RCW
DIRECT PATIENT-PROVIDER
PRIMARY HEALTH CARE
Sections
48.150.005
48.150.010
48.150.020
48.150.030
48.150.040
48.150.050
48.150.060
48.150.070
48.150.080
48.150.090
48.150.100
(2008 Ed.)
Public policy.
Definitions.
Prohibition on discrimination.
Direct fee—Monthly basis—Designated contact person.
Prohibited and authorized practices.
Acceptance or discontinuation of patients—Nonemployer
third-party payments.
Direct practices are not insurers.
Conduct of business—Prohibitions.
Misrepresenting the terms of a direct agreement.
Chapter violations.
Annual statements—Commissioner’s report.
48.150.110
48.150.120
48.150.010
Direct agreement requirements—Disclaimer.
Commissioner’s study—Report to legislature.
48.150.005 Public policy. It is the public policy of
Washington to promote access to medical care for all citizens
and to encourage innovative arrangements between patients
and providers that will help provide all citizens with a medical home.
Washington needs a multipronged approach to provide
adequate health care to many citizens who lack adequate
access to it. Direct patient-provider practices, in which
patients enter into a direct relationship with medical practitioners and pay a fixed amount directly to the health care provider for primary care services, represent an innovative,
affordable option which could improve access to medical
care, reduce the number of people who now lack such access,
and cut down on emergency room use for primary care purposes, thereby freeing up emergency room facilities to treat
true emergencies. [2007 c 267 § 1.]
48.150.005
48.150.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Direct patient-provider primary care practice" and
"direct practice" means a provider, group, or entity that meets
the following criteria in (a), (b), (c), and (d) of this subsection:
(a)(i) A health care provider who furnishes primary care
services through a direct agreement;
(ii) A group of health care providers who furnish primary
care services through a direct agreement; or
(iii) An entity that sponsors, employs, or is otherwise
affiliated with a group of health care providers who furnish
only primary care services through a direct agreement, which
entity is wholly owned by the group of health care providers
or is a nonprofit corporation exempt from taxation under section 501(c)(3) of the internal revenue code, and is not otherwise regulated as a health care service contractor, health
maintenance organization, or disability insurer under Title 48
RCW. Such entity is not prohibited from sponsoring,
employing, or being otherwise affiliated with other types of
health care providers not engaged in a direct practice;
(b) Enters into direct agreements with direct patients or
parents or legal guardians of direct patients;
(c) Does not accept payment for health care services provided to direct patients from any entity subject to regulation
under Title 48 RCW, plans administered under chapter 41.05,
70.47, or 70.47A RCW, or self-insured plans; and
(d) Does not provide, in consideration for the direct fee,
services, procedures, or supplies such as prescription drugs,
hospitalization costs, major surgery, dialysis, high level radiology (CT, MRI, PET scans or invasive radiology), rehabilitation services, procedures requiring general anesthesia, or
similar advanced procedures, services, or supplies.
(2) "Direct patient" means a person who is party to a
direct agreement and is entitled to receive primary care services under the direct agreement from the direct practice.
(3) "Direct fee" means a fee charged by a direct practice
as consideration for being available to provide and providing
primary care services as specified in a direct agreement.
48.150.010
[Title 48 RCW—page 507]
48.150.020
Title 48 RCW: Insurance
(4) "Direct agreement" means a written agreement
entered into between a direct practice and an individual direct
patient, or the parent or legal guardian of the direct patient or
a family of direct patients, whereby the direct practice
charges a direct fee as consideration for being available to
provide and providing primary care services to the individual
direct patient. A direct agreement must (a) describe the specific health care services the direct practice will provide; and
(b) be terminable at will upon written notice by the direct
patient.
(5) "Health care provider" or "provider" means a person
regulated under Title 18 RCW or chapter 70.127 RCW to
practice health or health-related services or otherwise practicing health care services in this state consistent with state law.
(6) "Health carrier" or "carrier" has the same meaning as
in RCW 48.43.005.
(7) "Primary care" means routine health care services,
including screening, assessment, diagnosis, and treatment for
the purpose of promotion of health, and detection and management of disease or injury.
(8) "Network" means the group of participating providers and facilities providing health care services to a particular
health carrier’s health plan or to plans administered under
chapter 41.05, 70.47, or 70.47A RCW. [2007 c 267 § 3.]
48.150.020 Prohibition on discrimination. Except as
provided in RCW 48.150.050, no direct practice shall decline
to accept any person solely on account of race, religion,
national origin, the presence of any sensory, mental, or physical disability, education, economic status, or sexual orientation. [2007 c 267 § 4.]
48.150.020
48.150.030 Direct fee—Monthly basis—Designated
contact person. (1) A direct practice must charge a direct fee
on a monthly basis. The fee must represent the total amount
due for all primary care services specified in the direct agreement and may be paid by the direct patient or on his or her
behalf by others.
(2) A direct practice must:
(a) Maintain appropriate accounts and provide data
regarding payments made and services received to direct
patients upon request; and
(b) Either:
(i) Bill patients at the end of each monthly period; or
(ii) If the patient pays the monthly fee in advance,
promptly refund to the direct patient all unearned direct fees
following receipt of written notice of termination of the direct
agreement from the direct patient. The amount of the direct
fee considered earned shall be a proration of the monthly fee
as of the date the notice of termination is received.
(3) If the patient chooses to pay more than one monthly
direct fee in advance, the funds must be held in a trust
account and paid to the direct practice as earned at the end of
each month. Any unearned direct fees held in trust following
receipt of termination of the direct agreement shall be
promptly refunded to the direct patient. The amount of the
direct fee earned shall be a proration of the monthly fee for
the then current month as of the date the notice of termination
is received.
48.150.030
[Title 48 RCW—page 508]
(4) The direct fee schedule applying to an existing direct
patient may not be increased over the annual negotiated
amount more frequently than annually. A direct practice
shall provide advance notice to existing patients of any
change within the fee schedule applying to those existing
direct patients. A direct practice shall provide at least sixty
days’ advance notice of any change in the fee.
(5) A direct practice must designate a contact person to
receive and address any patient complaints.
(6) Direct fees for comparable services within a direct
practice shall not vary from patient to patient based on health
status or sex. [2007 c 267 § 5.]
48.150.040 Prohibited and authorized practices. (1)
Direct practices may not:
(a) Enter into a participating provider contract as defined
in RCW 48.44.010 or 48.46.020 with any carrier or with any
carrier’s contractor or subcontractor, or plans administered
under chapter 41.05, 70.47, or 70.47A RCW, to provide
health care services through a direct agreement except as set
forth in subsection (2) of this section;
(b) Submit a claim for payment to any carrier or any carrier’s contractor or subcontractor, or plans administered
under chapter 41.05, 70.47, or 70.47A RCW, for health care
services provided to direct patients as covered by their agreement;
(c) With respect to services provided through a direct
agreement, be identified by a carrier or any carrier’s contractor or subcontractor, or plans administered under chapter
41.05, 70.47, or 70.47A RCW, as a participant in the carrier’s
or any carrier’s contractor or subcontractor network for purposes of determining network adequacy or being available
for selection by an enrollee under a carrier’s benefit plan; or
(d) Pay for health care services covered by a direct agreement rendered to direct patients by providers other than the
providers in the direct practice or their employees, except as
described in subsection (2)(b) of this section.
(2) Direct practices and providers may:
(a) Enter into a participating provider contract as defined
by RCW 48.44.010 and 48.46.020 or plans administered
under chapter 41.05, 70.47, or 70.47A RCW for purposes
other than payment of claims for services provided to direct
patients through a direct agreement. Such providers shall be
subject to all other provisions of the participating provider
contract applicable to participating providers including but
not limited to the right to:
(i) Make referrals to other participating providers;
(ii) Admit the carrier’s members to participating hospitals and other health care facilities;
(iii) Prescribe prescription drugs; and
(iv) Implement other customary provisions of the contract not dealing with reimbursement of services;
(b) Pay for charges associated with the provision of routine lab and imaging services provided in connection with
wellness physical examinations. In aggregate such payments
per year per direct patient are not to exceed fifteen percent of
the total annual direct fee charged that direct patient. Exceptions to this limitation may occur in the event of short-term
equipment failure if such failure prevents the provision of
care that should not be delayed; and
48.150.040
(2008 Ed.)
Direct Patient-Provider Primary Health Care
(c) Charge an additional fee to direct patients for supplies, medications, and specific vaccines provided to direct
patients that are specifically excluded under the agreement,
provided the direct practice notifies the direct patient of the
additional charge, prior to their administration or delivery.
[2007 c 267 § 6.]
48.150.050 Acceptance or discontinuation of
patients—Nonemployer third-party payments. (1) Direct
practices may not decline to accept new direct patients or discontinue care to existing patients solely because of the
patient’s health status. A direct practice may decline to
accept a patient if the practice has reached its maximum
capacity, or if the patient’s medical condition is such that the
provider is unable to provide the appropriate level and type of
health care services in the direct practice. So long as the
direct practice provides the patient notice and opportunity to
obtain care from another physician, the direct practice may
discontinue care for direct patients if: (a) The patient fails to
pay the direct fee under the terms required by the direct
agreement; (b) the patient has performed an act that constitutes fraud; (c) the patient repeatedly fails to comply with the
recommended treatment plan; (d) the patient is abusive and
presents an emotional or physical danger to the staff or other
patients of the direct practice; or (e) the direct practice discontinues operation as a direct practice.
(2) Direct practices may accept payment of direct fees
directly or indirectly from nonemployer third parties. [2007
c 267 § 7.]
48.150.050
48.150.060 Direct practices are not insurers. Direct
practices, as defined in RCW 48.150.010, who comply with
this chapter are not insurers under RCW 48.01.050, health
carriers under chapter 48.43 RCW, health care service contractors under chapter 48.44 RCW, or health maintenance
organizations under chapter 48.46 RCW. [2007 c 267 § 8.]
48.150.060
48.150.070 Conduct of business—Prohibitions. A
person shall not make, publish, or disseminate any false,
deceptive, or misleading representation or advertising in the
conduct of the business of a direct practice, or relative to the
business of a direct practice. [2007 c 267 § 9.]
48.150.070
48.150.080 Misrepresenting the terms of a direct
agreement. A person shall not make, issue, or circulate, or
cause to be made, issued, or circulated, a misrepresentation of
the terms of any direct agreement, or the benefits or advantages promised thereby, or use the name or title of any direct
agreement misrepresenting the nature thereof. [2007 c 267 §
10.]
48.150.080
48.150.090 Chapter violations. Violations of this
chapter constitute unprofessional conduct enforceable under
RCW 18.130.180. [2007 c 267 § 11.]
48.150.090
48.150.100 Annual statements—Commissioner’s
report. (1) Direct practices must submit annual statements,
beginning on October 1, 2007, to the office of [the] insurance
commissioner specifying the number of providers in each
practice, total number of patients being served, the average
48.150.100
(2008 Ed.)
48.150.120
direct fee being charged, providers’ names, and the business
address for each direct practice. The form and content for the
annual statement must be developed in a manner prescribed
by the commissioner.
(2) A health care provider may not act as, or hold himself
or herself out to be, a direct practice in this state, nor may a
direct agreement be entered into with a direct patient in this
state, unless the provider submits the annual statement in subsection (1) of this section to the commissioner.
(3) The commissioner shall report annually to the legislature on direct practices including, but not limited to, participation trends, complaints received, voluntary data reported
by the direct practices, and any necessary modifications to
this chapter. The initial report shall be due December 1,
2009. [2007 c 267 § 12.]
48.150.110 Direct agreement requirements—Disclaimer. (1) A direct agreement must include the following
disclaimer: "This agreement does not provide comprehensive health insurance coverage. It provides only the health
care services specifically described." The direct agreement
may not be sold to a group and may not be entered with a
group of subscribers. It must be an agreement between a
direct practice and an individual direct patient. Nothing prohibits the presentation of marketing materials to groups of
potential subscribers or their representatives.
(2) A comprehensive disclosure statement shall be distributed to all direct patients with their participation forms.
Such disclosure must inform the direct patients of their financial rights and responsibilities to the direct practice as provided for in this chapter, encourage that direct patients obtain
and maintain insurance for services not provided by the direct
practice, and state that the direct practice will not bill a carrier
for services covered under the direct agreement. The disclosure statement shall include contact information for the office
of the insurance commissioner. [2007 c 267 § 13.]
48.150.110
48.150.120 Commissioner’s study—Report to legislature. By December 1, 2012, the commissioner shall submit
a study of direct care practices to the appropriate committees
of the senate and house of representatives. The study shall
include an analysis of the extent to which direct care practices:
(1) Improve or reduce access to primary health care services by recipients of medicare and medicaid, individuals
with private health insurance, and the uninsured;
(2) Provide adequate protection for consumers from
practice bankruptcy, practice decisions to drop participants,
or health conditions not covered by direct care practices;
(3) Increase premium costs for individuals who have
health coverage through traditional health insurance;
(4) Have an impact on a health carrier’s ability to meet
network adequacy standards set by the commissioner or state
health purchasing agencies; and
(5) Cover a population that is different from individuals
covered through traditional health insurance.
The study shall also examine the extent to which individuals and families participating in a direct care practice maintain health coverage for health conditions not covered by the
direct care practice. The commissioner shall recommend to
48.150.120
[Title 48 RCW—page 509]
48.150.120
Title 48 RCW: Insurance
the legislature whether the statutory authority for direct care
practices to operate should be continued, modified, or
repealed. [2007 c 267 § 14.]
[Title 48 RCW—page 510]
(2008 Ed.)
Title 49
LABOR REGULATIONS
Title 49
Chapters
49.04
49.08
49.12
49.17
49.19
49.22
49.24
49.26
49.28
49.30
49.32
49.36
49.38
49.40
49.44
49.46
49.48
49.52
49.56
49.60
49.64
49.66
49.70
49.74
49.76
49.77
49.78
49.86
Apprenticeship.
Arbitration of disputes.
Industrial welfare.
Washington industrial safety and health act.
Safety—Health care settings.
Safety—Crime prevention.
Health and safety—Underground workers.
Health and safety—Asbestos.
Hours of labor.
Agricultural labor.
Injunctions in labor disputes.
Labor unions.
Theatrical enterprises.
Seasonal labor.
Violations—Prohibited practices.
Minimum wage act.
Wages—Payment—Collection.
Wages—Deductions—Contributions—
Rebates.
Wages—Priorities—Preferences.
Discrimination—Human rights commission.
Employee benefit plans.
Health care activities.
Worker and community right to know act.
Affirmative action.
Domestic violence leave.
Military family leave act.
Family leave.
Family leave insurance.
Unfair practices—Consumer protection—Act does not impair labor organizations: RCW 19.86.070.
Workers’ compensation: Title 51 RCW.
Youth development and conservation corps: RCW 79A.05.500.
Chapter 49.04
Sections
49.04.010
49.04.030
49.04.040
49.04.050
49.04.060
49.04.070
49.04.080
49.04.090
49.04.100
49.04.110
49.04.120
49.04.130
49.04.141
49.04.150
49.04.160
49.04.170
Reviser’s note: Throughout this title, "director of labor and industries"
has been substituted for "commissioner of labor," such office having been
abolished by the administrative code of 1921 (1921 c 7 §§ 3, 80, and 135).
49.04.180
Apprentices to be paid prevailing wage on public works: RCW 39.12.021.
49.04.900
49.04.910
Collective bargaining with employees of city-owned utilities: RCW
35.22.350.
Community renewal law: Chapter 35.81 RCW.
Department of labor and industries: Chapter 43.22 RCW.
Elevators, lifting devices and moving walks: Chapter 70.87 RCW.
Employee benefit plans when private utility acquired: RCW 54.04.130.
Employment agencies: Chapter 19.31 RCW.
Industrial products of prisoners: RCW 72.01.150, chapter 72.60 RCW.
Job protection for members of state militia: RCW 38.40.050.
Labor and employment of prisoners: Chapter 72.64 RCW.
Lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
Promotional printing contracts of apple, fruit, dairy products commissions—
Conditions of employment: RCW 15.24.086.
Public employees’ collective bargaining, arbitration of disputes: RCW
41.56.100.
Public employment: Title 41 RCW.
Sheriff’s office, civil service: Chapter 41.14 RCW.
Unemployment compensation: Title 50 RCW.
(2008 Ed.)
Chapter 49.04 RCW
APPRENTICESHIP
49.04.190
Apprenticeship council created—Composition—Terms—
Compensation—Duties.
Supervisor of apprenticeship—Duties.
Apprenticeship committees—Composition—Duties.
Apprenticeship program standards.
Apprenticeship agreements.
Limitation.
On-the-job training agreements and projects—Supervisor to
promote.
On-the-job training agreements and projects—Agreements
with federal agencies.
Apprenticeship programs—Civil rights act advancement.
Woman and racial minority representation in apprenticeship
programs—Noncompliance.
Woman and racial minority representation—Community colleges, vocational, or high schools to enlist woman and racial
minority representation in apprenticeship programs.
Woman and racial minority representation—Employer and
employee organizations, apprenticeship council and committees, etc., to enlist woman and racial minority representation in apprenticeship programs.
Transportation opportunities—Report.
Associate degree pathway.
Student opportunities—Findings.
Student opportunities—Centers of excellence, colleges to provide information.
Student opportunities—Educational outreach program—
Appropriate activities.
Student opportunities—Building and construction-related
apprenticeships—Grants—Report.
Severability—1941 c 231.
Chapter not affected by certain laws against discrimination in
employment because of age.
Apprenticeship agreements, inmates of state school for girls (Maple Lane
school): RCW 72.20.090.
Child labor: RCW 26.28.060, 26.28.070.
49.04.010 Apprenticeship council created—Composition—Terms—Compensation—Duties. The director of
labor and industries shall appoint an apprenticeship council,
composed of three representatives each from employer and
employee organizations, respectively. The terms of office of
the members of the apprenticeship council first appointed by
the director of labor and industries shall be as follows: One
representative each of employers and employees shall be
appointed for one year, two years, and three years, respectively. Thereafter, each member shall be appointed for a term
of three years. The governor shall appoint a public member to
the apprenticeship council for a three-year term. The appointment of the public member is subject to confirmation by the
senate. Each member shall hold office until a successor is
appointed and has qualified and any vacancy shall be filled
by appointment for the unexpired portion of the term. A des49.04.010
[Title 49 RCW—page 1]
49.04.030
Title 49 RCW: Labor Regulations
ignated representative from each of the following: The workforce training and education coordinating board, state board
for community and technical colleges, employment security
department, and United States department of labor, apprenticeship, training, employer, and labor services, shall be ex
officio members of the apprenticeship council. Ex officio
members shall have no vote. Each member of the council, not
otherwise compensated by public moneys, shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240. The apprenticeship council is
authorized to approve apprenticeship programs, and establish
apprenticeship program standards as rules, including requirements for apprentice-related and supplemental instruction,
coordination of instruction with job experiences, and instructor qualifications. The council shall consider recommendations from the state board for community and technical colleges on matters of apprentice-related and supplemental
instruction, coordination of instruction with job experiences,
and instructor qualifications. The rules for apprenticeship
instructor qualifications shall either be by reference or reasonably similar to the applicable requirements established by
or pursuant to chapter 28B.50 RCW. The council is further
authorized to issue such rules as may be necessary to carry
out the intent and purposes of this chapter, including a procedure to resolve an impasse should a tie vote of the council
occur, and perform such other duties as are hereinafter
imposed.
Not less than once a year the apprenticeship council shall
make a report to the director of labor and industries of its
activities and findings which shall be available to the public.
[2001 c 204 § 1; 1984 c 287 § 97; 1982 1st ex.s. c 39 § 2;
1979 ex.s. c 37 § 1; 1977 c 75 § 72; 1975-’76 2nd ex.s. c 34 §
143; 1967 c 6 § 1; 1961 c 114 § 1; 1941 c 231 § 1; Rem. Supp.
1941 § 7614-3. Formerly RCW 49.04.010 and 49.04.020.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
49.04.030 Supervisor of apprenticeship—Duties.
Subject to the confirmation of the state apprenticeship council by a majority vote, the director of labor and industries
shall appoint and deputize an assistant director to be known
as the supervisor of apprenticeship. Under the supervision of
the director of labor and industries and with the advice and
guidance of the apprenticeship council, the supervisor shall:
(1) Encourage and promote apprenticeship programs conforming to the standards established under this chapter, and
in harmony with the policies of the United States department
of labor; (2) act as secretary of the apprenticeship council and
of state apprenticeship committees; (3) when authorized by
the apprenticeship council, register apprenticeship agreements that are in the best interests of the apprentice and conform with standards established under this chapter; (4) keep a
record of apprenticeship agreements and upon successful
completion issue certificates of completion of apprenticeship; and (5) terminate or cancel any apprenticeship agreements in accordance with the provisions of the agreements.
The supervisor may act to bring about the settlement of
differences arising out of the apprenticeship agreement where
49.04.030
[Title 49 RCW—page 2]
such differences cannot be adjusted locally. The director of
labor and industries is authorized to appoint such other personnel as may be necessary to aid the supervisor of apprenticeship in the execution of the supervisor’s functions under
this chapter. [2001 c 204 § 2; 1979 ex.s. c 37 § 2; 1961 c 114
§ 2; 1941 c 231 § 2; Rem. Supp. 1941 § 7614-4.]
Rehabilitation services for individuals with disabilities: Chapter 74.29
RCW.
49.04.040 Apprenticeship committees—Composition—Duties. Upon July 22, 2001, all newly approved
apprenticeship programs must be represented by either a unilateral or joint apprenticeship committee. Apprenticeship
committees must conform to this chapter, the rules adopted
by the apprenticeship council, and 29 C.F.R. Part 29 and must
be approved by the apprenticeship council. Apprenticeship
committees may be approved whenever the apprentice training needs justify such establishment. Such apprenticeship
committees shall be composed of an equal number of
employer and employee representatives who may be chosen:
(1) From names submitted by the respective local or state
employer and employee organizations served by the apprenticeship committee; or
(2) In a manner which selects representatives of management and nonmanagement served by the apprenticeship committee. The council may act as the apprentice representative
when the council determines there is no feasible method to
choose nonmanagement representatives.
Apprenticeship committees shall devise standards for
apprenticeship programs and operate such programs in accordance with the standards established by this chapter and by
council-adopted rules. The council and supervisor may provide aid and technical assistance to apprenticeship program
sponsors and applicants, or potential applicants. [2001 c 204
§ 3; 1941 c 231 § 3; Rem. Supp. 1941 § 7614-5.]
49.04.040
49.04.050 Apprenticeship program standards. To be
eligible for registration, apprenticeship program standards
must conform to the rules adopted by the apprenticeship
council. [2001 c 204 § 4; 1979 ex.s. c 37 § 3; 1961 c 114 § 3;
1941 c 231 § 4; Rem. Supp. 1941 § 7614-6.]
49.04.050
49.04.060 Apprenticeship agreements. For the purposes of this chapter an apprenticeship agreement is a written
agreement between an apprentice and either the apprentice’s
employer or employers, or an apprenticeship committee acting as agent for an employer or employers, containing the
terms and conditions of the employment and training of the
apprentice. [2001 c 204 § 5; 1941 c 231 § 5; Rem. Supp.
1941 § 7614-7.]
49.04.060
49.04.070 Limitation. The provisions of this chapter
shall apply to a person, firm, corporation or craft only after
such person, firm, corporation or craft has voluntarily elected
to conform with its provisions. [1941 c 231 § 6; Rem. Supp.
1941 § 7614-8.]
49.04.070
49.04.080 On-the-job training agreements and
projects—Supervisor to promote. Under the supervision
of the director of labor and industries and with the advice and
49.04.080
(2008 Ed.)
Apprenticeship
guidance of the apprenticeship council, the supervisor of
apprenticeship shall encourage and promote the making of
such other types of on-the-job training agreements and
projects, in addition to apprenticeship agreements, as the
supervisor shall find meritorious. [2001 c 204 § 6; 1963 c
172 § 1.]
49.04.090
49.04.090 On-the-job training agreements and
projects—Agreements with federal agencies. The director
of labor and industries shall have authority to enter into and
perform, through the supervisor of apprenticeship, agreements with appropriate federal departments or agencies for
the development, administration and servicing of on-the-job
training projects. Further, the director of labor and industries,
through the supervisor of apprenticeship, shall have power to
receive and administer funds provided by the federal government for such purposes. [1963 c 172 § 2.]
49.04.100
49.04.100 Apprenticeship programs—Civil rights
act advancement. As provided by the rules adopted by the
apprenticeship council, apprenticeship programs entered into
under authority of this chapter with five or more apprentices
shall conform with 29 C.F.R. Part 30 to the extent required by
federal law while advancing the nondiscriminatory principles
of the Washington state civil rights act, RCW 49.60.400.
[2001 c 204 § 7; 1995 c 67 § 7; 1990 c 72 § 1; 1985 c 6 § 17;
1969 ex.s. c 183 § 2.]
Purpose—Construction—1990 c 72; 1969 ex.s. c 183: "It is the policy
of the legislature and the purpose of this act to provide every citizen in this
state a reasonable opportunity to enjoy employment and other associated
rights, benefits, privileges, and to help women and racial minorities realize in
a greater measure the goals upon which this nation and this state were
founded. All the provisions of this act shall be liberally construed to achieve
these ends, and administered and enforced with a view to carry out the above
declaration of policy." [1990 c 72 § 5; 1969 ex.s. c 183 § 1.]
Severability—1969 ex.s. c 183: "If any provision of this 1969 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 183 § 8.]
49.04.110
49.04.110 Woman and racial minority representation in apprenticeship programs—Noncompliance. When
it shall appear to the department of labor and industries that
any apprenticeship program referred to in RCW 49.04.100
has failed to comply with the woman or racial minority representation requirement hereinabove in such section referred to
by January 1, 1970, which fact shall be determined by reports
the department may request or in such other manner as it shall
see fit, then the same shall be deemed prima facie evidence of
noncompliance with RCW 49.04.100 through 49.04.130 and
thereafter no state funds or facilities shall be expended upon
such program: PROVIDED, That prior to such withdrawal of
funds evidence shall be received and state funds or facilities
shall not be denied if there is a showing of a genuine effort to
comply with the provisions of RCW 49.04.100 through
49.04.130 as to entrance of women and racial minorities into
the program. The director shall notify the appropriate federal
authorities if there is noncompliance with the woman and
racial minority representation qualification under any
apprenticeship program as provided for in RCW 49.04.100
through 49.04.130. [1990 c 72 § 2; 1969 ex.s. c 183 § 3.]
(2008 Ed.)
49.04.141
49.04.120 Woman and racial minority representation—Community colleges, vocational, or high schools to
enlist woman and racial minority representation in
apprenticeship programs. Every community college, vocational school, or high school carrying on a program of vocational education shall make every effort to enlist woman and
racial minority representation in the apprenticeship programs
within the state and are authorized to carry out such purpose
in such ways as they shall see fit. [1990 c 72 § 3; 1969 ex.s.
c 183 § 4.]
49.04.120
49.04.130 Woman and racial minority representation—Employer and employee organizations, apprenticeship council and committees, etc., to enlist woman and
racial minority representation in apprenticeship programs. Every employer and employee organization as well
as the apprenticeship council and local and state apprenticeship committees and vocational schools shall make every
effort to enlist woman and racial minority representation in
the apprenticeship programs of the state and shall be aided
therein by the department of labor and industries insofar as
such department may be able to so do without undue interference with its other powers and duties. In addition, the legislature, in fulfillment of the public welfare, mandates those
involved in apprenticeship training with the responsibility of
making every effort to see that woman and racial minority
representatives in such programs pursue the same to a successful conclusion. [1990 c 72 § 4; 1969 ex.s. c 183 § 5.]
49.04.130
49.04.141 Transportation opportunities—Report.
The apprenticeship council shall work with the department of
transportation, local transportation jurisdictions, local and
statewide joint apprenticeships, other apprenticeship programs, representatives of labor and business organizations
with interest and expertise in the transportation workforce,
and representatives of the state’s universities and community
and vocational colleges to establish technical apprenticeship
opportunities specific to the needs of transportation. The
council shall issue a report of findings and recommendations
to the transportation committees of the legislature by December 1, 2003. The report must include, but not be limited to,
findings and recommendations regarding the establishment
of transportation technical training programs within the community and vocational college system and in the state universities. [2003 c 363 § 202.]
49.04.141
Findings—Intent—2003 c 363 §§ 201 through 206: "(1) The legislature finds that a skilled technical workforce is necessary for maintaining,
preserving, and improving Washington’s transportation system. The Blue
Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a workforce that is insufficiently skilled
to operate the transportation system at its highest level. Sections 201 through
206 of this act are intended to explore methods for fostering a stronger industry in transportation planning and engineering.
(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be
paid promptly, and that new technologies and innovative outreach methods
be used to enhance wage surveys in order to better reflect current wages in
counties across the state.
(3) The legislature finds that in order to enhance the prevailing wage
process it is appropriate for all intent and affidavit fees paid by contractors be
dedicated to the sole purpose of administering the state prevailing wage program.
(4) To accomplish the intent of this section and in order to enhance the
response of businesses and labor representatives to the prevailing wage sur[Title 49 RCW—page 3]
49.04.150
Title 49 RCW: Labor Regulations
vey process, the department of labor and industries shall undertake the following activities:
(a) Establish a goal of conducting surveys for each trade every three
years;
(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives,
and public agencies in order to promote a better understanding of prevailing
wage laws and increased participation in the prevailing wage survey process;
(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 201 through 206 of this act;
(d) Maintain a timely processing of intents and affidavits, with a target
processing time no greater than seven working days from receipt of completed forms;
(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the
services provided by the prevailing wage program." [2003 c 363 § 201.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
49.04.150 Associate degree pathway. (1) An apprenticeship committee may recommend to its community or
technical college partner or partners that an associate degree
pathway be developed for the committee’s program.
(2) In consultation with the state board for community
and technical colleges, the apprenticeship committee and the
college or colleges involved with the program shall consider
the extent apprentices in the program are likely to pursue an
associate degree and the extent a pathway could reduce
redundancy of course requirements between the apprenticeship and a degree.
(3) If the apprenticeship committee and the college or
colleges involved with the program determine that a pathway
would be beneficial for apprentices and assist them in obtaining an associate degree, the apprenticeship committee may
request that a pathway be established as provided in RCW
28B.50.890. [2003 c 128 § 2.]
49.04.150
Findings—2003 c 128: "The legislature finds that:
(1) Apprenticeships are very rigorous and highly structured programs
with specific academic and work training requirements;
(2) There is a misperception that apprenticeships are only for noncollege bound students; and
(3) The state should expand opportunities for individuals to progress
from an apprenticeship to college by creating pathways that build on the
apprenticeship experience and permit apprentices to earn an associate
degree." [2003 c 128 § 1.]
49.04.160 Student opportunities—Findings. (1) The
legislature finds that it is in the public interest of the state to
encourage and facilitate the formation of cooperative relationships between business and labor and educational institutions that provide for the development and expansion of programs of educational skills training consistent with employment needs.
(2) Further, the legislature finds that it is in the state’s
interest to make students aware of the educational training
programs and career employment opportunities.
(3) Therefore, the following shall be implemented to
expand opportunities for secondary school students to prepare for technical careers and related apprenticeships:
(a) Centers of excellence and other colleges with a high
density of apprenticeship programs shall act as brokers of relevant information and resources as provided for in RCW
49.04.170;
49.04.160
[Title 49 RCW—page 4]
(b) An educational outreach program coordinated by the
Washington state apprenticeship and training council as provided for in RCW 49.04.180; and
(c) The development of direct-entry programs for graduating secondary students, approved and overseen by the
Washington state apprenticeship and training council as provided for in RCW 49.04.190. [2006 c 161 § 1.]
Effective date—2006 c 161: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2006."
[2006 c 161 § 7.]
49.04.170 Student opportunities—Centers of excellence, colleges to provide information. (1) Centers of
excellence, as designated by the state board for community
and technical colleges, and other colleges identified by the
state board for community and technical colleges in consultation with the Washington state apprenticeship and training
council as having a high density of apprenticeship programs,
shall act as a broker of relevant information and resources on
available grants, scholarship opportunities, job openings, and
industries of growth.
(2) The Washington state apprenticeship and training
council, in conjunction with the office of the superintendent
of public instruction, shall aid all local school districts in
meeting the goals of chapter 161, Laws of 2006. [2006 c 161
§ 2.]
49.04.170
Effective date—2006 c 161: See note following RCW 49.04.160.
49.04.180 Student opportunities—Educational outreach program—Appropriate activities. (1) Within existing resources, the Washington state apprenticeship and training council, in conjunction with individual state-approved
apprenticeship training programs and the office of the superintendent of public instruction, shall lead and coordinate an
educational outreach program for middle and secondary
school students, parents, and educators about apprenticeship
and career opportunities and communicate workforce projections to the office of the superintendent of public instruction
for distribution to all local school districts.
(2) Appropriate activities of the Washington state
apprenticeship and training council under this section include
assistance with curriculum development, the establishment of
practical learning opportunities for students, and seeking the
advice and participation of industry and labor interests.
[2006 c 161 § 3.]
49.04.180
Effective date—2006 c 161: See note following RCW 49.04.160.
49.04.190 Student opportunities—Building and construction-related apprenticeships—Grants—Report. (1)
Within existing resources, the Washington state apprenticeship and training council shall approve and oversee directentry programs for graduating secondary students into building and construction-related apprenticeships by:
(a) Assisting individual school districts in using and
leveraging existing resources; and
(b) Developing guidelines, including guidelines that
ensure that graduating secondary school students will receive
appropriate education and training and will have the opportunity to transition to local apprenticeship programs. The
guidelines must be developed with input from apprenticeship
49.04.190
(2008 Ed.)
Arbitration of Disputes
coordinators, the office of the superintendent of public
instruction, the state board for community and technical colleges, the workforce training and education coordinating
board, and other interested stakeholders for direct-entry programs.
(2) The Washington state apprenticeship and training
council shall award up to ten incentive grants for the 2006-07
school year, based on guidelines established under subsection
(1)(b) of this section, to school districts statewide solely for
personnel to negotiate and implement agreements with local
apprenticeship programs based upon state apprenticeship use
requirements, as described in RCW 39.04.320, to accept
graduating secondary school students with appropriate training into apprenticeship programs. The council shall make
every effort to award the grants evenly across the state.
(3) Beginning December 1, 2006, the Washington state
apprenticeship and training council shall provide an annual
report to the governor and the education and commerce and
labor committees of the legislature. The report shall include:
(a) The guidelines established under subsection (1)(b) of
this section;
(b) The names of the school districts receiving incentive
grants under subsection (2) of this section;
(c) The results of negotiations between school districts
receiving incentive grants and local apprenticeship programs;
(d) A list of apprenticeship programs that have agreed,
pursuant to negotiated agreements, to accept qualified graduating secondary students; and
(e) The number of qualified graduating secondary students entering into apprenticeship programs each year
through direct-entry programs. [2006 c 161 § 4.]
Effective date—2006 c 161: See note following RCW 49.04.160.
49.04.900 Severability—1941 c 231. If any provision
of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and
the application of such provision to other persons and circumstances, shall not be affected thereby. [1941 c 231 § 8;
no RRS.]
49.04.900
49.04.910 Chapter not affected by certain laws
against discrimination in employment because of age.
The amendments made by chapter 100, Laws of 1961 shall
not be construed as modifying chapter 231, Laws of 1941 as
amended, or as applying to any standards established thereunder or employment pursuant to any bona fide agreements
entered into thereunder. [1961 c 100 § 6.]
49.08.030
49.08.040
49.08.050
49.08.060
49.08.050
Service of process.
Compensation and travel expenses of arbitrators.
Failure to arbitrate—Statement of facts—Publicity.
Tender on exhaustion of available funds.
Arbitration, uniform act: Chapter 7.04A RCW.
Collective bargaining with employees of city-owned utilities: RCW
35.22.350.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Supervisor of industrial relations: RCW 43.22.260.
49.08.010 Duty of director—Mediation—Board of
arbitration selected—Board’s findings final. It shall be
the duty of the chairman of the public employment relations
commission upon application of any employer or employee
having differences, as soon as practicable, to visit the location of such differences and to make a careful inquiry into the
cause thereof and to advise the respective parties, what, if
anything, ought to be done or submitted to by both to adjust
said dispute and should said parties then still fail to agree to a
settlement through said chairman, then said chairman shall
endeavor to have said parties consent in writing to submit
their differences to a board of arbitrations to be chosen from
citizens of the state as follows, to wit: Said employer shall
appoint one and said employees acting through a majority,
one, and these two shall select a third, these three to constitute the board of arbitration and the findings of said board of
arbitration to be final. [1975 1st ex.s. c 296 § 36; 1903 c 58 §
1; RRS § 7667.]
49.08.010
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Public employment relations commission: Chapter 41.58 RCW.
49.08.020 Procedure for arbitration. The proceedings
of said board of arbitration shall be held before the chairman
of the public employment relations commission who shall act
as moderator or chairman, without the privilege of voting,
and who shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board, and
any witness said board may deem necessary to summon.
[1975 1st ex.s. c 296 § 37; 1903 c 58 § 2; RRS § 7668.]
49.08.020
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
49.04.910
Reviser’s note: (1) Chapter 100, Laws of 1961 amended RCW
49.60.180, 49.60.190, 49.60.200 and reenacted RCW 49.60.310 to include
age as an element of discrimination, and such chapter added a new section
codified as RCW 49.44.090 relating to unfair practices in employment
because of age.
(2) Chapter 231, Laws of 1941 is the apprenticeship law codified in
chapter 49.04 RCW.
Chapter 49.08
Chapter 49.08 RCW
ARBITRATION OF DISPUTES
Sections
49.08.010
49.08.020
(2008 Ed.)
Duty of director—Mediation—Board of arbitration selected—
Board’s findings final.
Procedure for arbitration.
49.08.030 Service of process. Any notice or process
issued by the board herein created, shall be served by any
sheriff, coroner or constable to whom the same may be
directed, or in whose hands the same may be placed for service. [1903 c 58 § 3; RRS § 7669.]
49.08.030
49.08.040 Compensation and travel expenses of arbitrators. Such arbitrators shall receive five dollars per day for
each day actually engaged in such arbitration and travel
expenses in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended to be paid upon certificates of the director of labor and industries out of the fund
appropriated for the purpose or at the disposal of the department of labor and industries applicable to such expenditure.
[1975-’76 2nd ex.s. c 34 § 144; 1903 c 58 § 4; RRS § 7670.]
49.08.040
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
49.08.050 Failure to arbitrate—Statement of facts—
Publicity. Upon the failure of the director of labor and indus49.08.050
[Title 49 RCW—page 5]
49.08.060
Title 49 RCW: Labor Regulations
tries, in any case, to secure the creation of a board of arbitration, it shall become his duty to request a sworn statement
from each party to the dispute of the facts upon which their
dispute and their reasons for not submitting the same to arbitration are based. Any sworn statement made to the director
of labor and industries under this provision shall be for public
use and shall be given publicly in such newspapers as desire
to use it. [1903 c 58 § 5; RRS § 7671.]
49.08.060 Tender on exhaustion of available funds.
There is hereby appropriated out of the state treasury from
funds not otherwise appropriated the sum of three thousand
dollars, or so much thereof as may be necessary, to carry out
the provisions of this chapter. In case the funds herein provided are exhausted and either party to a proposed arbitration
shall tender the necessary expenses for conducting said arbitration, then it shall be the duty of the director of labor and
industries to request the opposite party to arbitrate such differences in accordance with the provisions of this chapter.
[1903 c 58 § 6; RRS § 7672.]
49.08.060
Chapter 49.12
Chapter 49.12 RCW
INDUSTRIAL WELFARE
Sections
49.12.005
49.12.010
49.12.020
49.12.033
49.12.041
49.12.050
49.12.091
49.12.101
49.12.105
49.12.110
49.12.121
49.12.123
49.12.124
49.12.130
49.12.140
49.12.150
49.12.170
49.12.175
49.12.180
49.12.185
49.12.187
49.12.200
49.12.240
49.12.250
49.12.260
49.12.265
49.12.270
49.12.275
49.12.280
49.12.285
49.12.287
49.12.290
49.12.295
49.12.300
Definitions.
Declaration.
Conditions of employment—Wages.
Administration and enforcement of chapter by director of
labor and industries.
Investigation of wages, hours and working conditions—Statements, inspections authorized.
Employer’s record of employees.
Investigation information—Findings—Rules prescribing minimum wages, working conditions.
Hearing.
Variance order—Application—Issuance—Contents—Termination.
Exceptions to minimum scale—Special certificate or permit.
Wages and working conditions of minors—Special rules—
Work permits.
Work permit for minor required.
Actors or performers—Work permits and variances for
minors.
Witness protected—Penalty.
Complaint of noncompliance.
Civil action to recover underpayment.
Penalty.
Wage discrimination due to sex prohibited—Penalty—Civil
recovery.
Annual report.
Exemptions from chapter.
Collective bargaining rights not affected.
Women may pursue any calling open to men.
Employee inspection of personnel file.
Employee inspection of personnel file—Erroneous or disputed
information.
Employee inspection of personnel file—Limitations.
Sick leave, time off—Care of family members—Definitions.
Sick leave, time off—Care of family members.
Sick leave, time off—Care of family members—Poster
required.
Sick leave, time off—Care of family members—Administration and enforcement.
Sick leave, time off—Care of family members—Monetary
penalties.
Sick leave, time off—Care of family members—Discharge of
employee not permitted.
Sick leave, time off—Care of family members—Collective
bargaining agreement not reduced.
Sick leave, time off—Care of family members—Notification
of employers.
House-to-house sales by minor—Registration of employer.
[Title 49 RCW—page 6]
49.12.310
49.12.320
49.12.330
49.12.350
49.12.360
49.12.370
49.12.380
49.12.390
49.12.400
49.12.410
49.12.420
49.12.450
49.12.460
49.12.900
49.12.901
49.12.902
House-to-house sales by minor—Advertising by employer—
Penalty.
Definitions.
Rules.
Parental leave—Legislative findings.
Parental leave—Discrimination prohibited.
Parental leave—Collective bargaining agreement or employee
benefit plan—Application.
Child labor laws—Information program.
Child labor laws—Violations—Civil penalties—Restraining
orders.
Child labor laws—Appeal.
Child labor laws—Violations—Criminal penalties.
Child labor laws—Exclusive remedies.
Compensation for required employee work apparel—Exceptions—Changes—Rules—Expiration of subsection.
Volunteer firefighters, reserve officers—Employer duties—
Violations.
Severability—1973 2nd ex.s. c 16.
Severability—1991 c 303.
Effective date—1991 c 303 §§ 3-7.
Reviser’s note: Throughout this chapter, the words "the committee"
have been substituted for "the industrial welfare commission" or "the commission."
The industrial welfare commission was abolished and its powers and
duties transferred to a new agency by the administrative code of 1921. In particular, 1921 c 7 § 135 abolished the commission while 1921 c 7 § 82 created
an unnamed committee "which shall have the power and it shall be its duty:
(1) To exercise all the powers and perform all the duties now vested in,
and required to be performed by, the industrial welfare commission."
1921 c 7 § 82 was codified by the 1941 Code Committee as RCW
43.22.280, wherein the Code Committee revised the wording of the session
law to designate the unnamed committee as the "industrial welfare committee." The committee was apparently commonly known by that name, but
such designation has no foundation in the statutes. RCW 43.22.280 was
repealed by 1982 c 163 § 23. Powers, duties, and functions of the industrial
welfare committee were transferred to the director of labor and industries.
See RCW 43.22.282.
Child labor: RCW 26.28.060, 26.28.070.
Food and beverage establishment workers’ permits: Chapter 69.06 RCW.
Hours of labor: Chapter 49.28 RCW.
49.12.005 Definitions. For the purposes of this chapter:
(1) "Department" means the department of labor and
industries.
(2) "Director" means the director of the department of
labor and industries, or the director’s designated representative.
(3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any
business, industry, profession, or activity in this state and
employs one or more employees but does not include the
state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasimunicipal corporation. However, for the purposes of RCW
49.12.265 through 49.12.295, 49.12.350 through 49.12.370,
49.12.450, and 49.12.460 only, "employer" also includes the
state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasimunicipal corporation.
(b) On and after May 20, 2003, "employer" means any
person, firm, corporation, partnership, business trust, legal
representative, or other business entity which engages in any
business, industry, profession, or activity in this state and
employs one or more employees, and includes the state, any
state institution, state agency, political subdivisions of the
state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted there49.12.005
(2008 Ed.)
Industrial Welfare
under apply to these public employers only to the extent that
this chapter and the rules adopted thereunder do not conflict
with: (i) Any state statute or rule; and (ii) respect to political
subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule
adopted under the authority of the local legislative authority
before April 1, 2003.
(4) "Employee" means an employee who is employed in
the business of the employee’s employer whether by way of
manual labor or otherwise.
(5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by
or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex.
sess. a minor is defined to be a person of either sex under the
age of eighteen years. [2003 c 401 § 2; 1998 c 334 § 1; 1994
c 164 § 13; 1988 c 236 § 8; 1973 2nd ex.s. c 16 § 1.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
Construction—1998 c 334: See note following RCW 49.12.450.
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.010 Declaration. The welfare of the state of
Washington demands that all employees be protected from
conditions of labor which have a pernicious effect on their
health. The state of Washington, therefore, exercising herein
its police and sovereign power declares that inadequate
wages and unsanitary conditions of labor exert such pernicious effect. [1973 2nd ex.s. c 16 § 2; 1913 c 174 § 1; RRS §
7623.]
49.12.010
49.12.020 Conditions of employment—Wages. It
shall be unlawful to employ any person in any industry or
occupation within the state of Washington under conditions
of labor detrimental to their health; and it shall be unlawful to
employ workers in any industry within the state of Washington at wages which are not adequate for their maintenance.
[1973 2nd ex.s. c 16 § 3; 1913 c 174 § 2; RRS § 7624.]
49.12.020
49.12.033 Administration and enforcement of chapter by director of labor and industries. See RCW
43.22.270(5).
49.12.033
49.12.041 Investigation of wages, hours and working
conditions—Statements, inspections authorized. It shall
be the responsibility of the director to investigate the wages,
hours and conditions of employment of all employees,
including minors, except as may otherwise be provided in
chapter 16, Laws of 1973 2nd ex. sess. The director, or the
director’s authorized representative, shall have full authority
to require statements from all employers, relative to wages,
hours and working conditions and to inspect the books,
records and physical facilities of all employers subject to
chapter 16, Laws of 1973 2nd ex. sess. Such examinations
49.12.041
(2008 Ed.)
49.12.101
shall take place within normal working hours, within reasonable limits and in a reasonable manner. [1994 c 164 § 14;
1973 2nd ex.s. c 16 § 5.]
49.12.050
49.12.050 Employer’s record of employees. Every
employer shall keep a record of the names of all employees
employed by him, and shall on request permit the director to
inspect such record. [1994 c 164 § 15; 1973 2nd ex.s. c 16 §
14; 1913 c 174 § 7; RRS § 7626.]
49.12.091
49.12.091 Investigation information—Findings—
Rules prescribing minimum wages, working conditions.
After an investigation has been conducted by the department
of wages, hours and conditions of labor subject to chapter 16,
Laws of 1973 2nd ex. sess., the director shall be furnished
with all information relative to such investigation of wages,
hours and working conditions, including current statistics on
wage rates in all occupations subject to the provisions of
chapter 16, Laws of 1973 2nd ex. sess. Within a reasonable
time thereafter, if the director finds that in any occupation,
trade or industry, subject to chapter 16, Laws of 1973 2nd ex.
sess., the wages paid to employees are inadequate to supply
the necessary cost of living, but not to exceed the state minimum wage as prescribed in RCW 49.46.020, as now or hereafter amended, or that the conditions of labor are detrimental
to the health of employees, the director shall have authority to
prescribe rules and regulations for the purpose of adopting
minimum wages for occupations not otherwise governed by
minimum wage requirements fixed by state or federal statute,
or a rule or regulation adopted under such statute, and, at the
same time have the authority to prescribe rules and regulations fixing standards, conditions and hours of labor for the
protection of the safety, health and welfare of employees for
all or specified occupations subject to chapter 16, Laws of
1973 2nd ex. sess. Thereafter, the director shall conduct a
public hearing in accordance with the procedures of the
administrative procedure act, chapter 34.05 RCW, for the
purpose of the adoption of rules and regulations fixing minimum wages and standards, conditions and hours of labor subject to the provisions of chapter 16, Laws of 1973 2nd ex.
sess. After such rules become effective, copies thereof shall
be supplied to employers who may be affected by such rules
and such employers shall post such rules, where possible, in
such place or places, reasonably accessible to all employees
of such employer. After the effective date of such rules, it
shall be unlawful for any employer in any occupation subject
to chapter 16, Laws of 1973 2nd ex. sess. to employ any person for less than the rate of wages specified in such rules or
under conditions and hours of labor prohibited for any occupation specified in such rules: PROVIDED, That this section
shall not apply to sheltered workshops. [1994 c 164 § 16;
1973 2nd ex.s. c 16 § 6.]
49.12.101
49.12.101 Hearing. Whenever wages, standards, conditions and hours of labor have been established by rule and
regulation of the director, the director may upon application
of either employers or employees conduct a public hearing
for the purpose of the adoption, amendment or repeal of rules
and regulations adopted under the authority of chapter 16,
[Title 49 RCW—page 7]
49.12.105
Title 49 RCW: Labor Regulations
Laws of 1973 2nd ex. sess. [1994 c 164 § 17; 1973 2nd ex.s.
c 16 § 7.]
49.12.105 Variance order—Application—Issuance—
Contents—Termination. An employer may apply to the
director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions of
labor adopted by the director under this chapter. The director
shall issue an order granting a variance if the director determines or decides that the applicant for the variance has shown
good cause for the lack of compliance. Any order so issued
shall prescribe the conditions the employer must maintain,
and the practices, means, methods, operations, standards and
processes which the employer must adopt and utilize to the
extent they differ from the standard in question. At any time
the director may terminate and revoke such order, provided
the employer was notified by the director of the termination
at least thirty days prior to said termination. [1994 c 164 §
18; 1973 2nd ex.s. c 16 § 8.]
49.12.105
49.12.110 Exceptions to minimum scale—Special
certificate or permit. For any occupation in which a minimum wage has been established, the director may issue to an
employer, a special certificate or permit for an employee who
is physically or mentally handicapped to such a degree that he
or she is unable to obtain employment in the competitive
labor market, or to a trainee or learner not otherwise subject
to the jurisdiction of the apprenticeship council, a special certificate or permit authorizing the employment of such
employee for a wage less than the legal minimum wage; and
the director shall fix the minimum wage for said person, such
special certificate or permit to be issued only in such cases as
the director may decide the same is applied for in good faith
and that such certificate or permit shall be in force for such
length of time as the director shall decide and determine is
proper. [1994 c 164 § 19; 1977 ex.s. c 80 § 35; 1973 2nd ex.s.
c 16 § 13; 1913 c 174 § 13; RRS § 7632.]
49.12.110
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
49.12.121 Wages and working conditions of
minors—Special rules—Work permits. (1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or
occupation in the state of Washington and may adopt special
rules for the protection of the safety, health, and welfare of
minor employees. However, the rules may not limit the hours
per day or per week, or other specified work period, that may
be worked by minors who are emancipated by court order.
(2) The department shall issue work permits to employers for the employment of minors, after being assured the
proposed employment of a minor meets the standards for the
health, safety, and welfare of minors as set forth in the rules
adopted by the department. No minor person shall be
employed in any occupation, trade, or industry subject to
chapter 16, Laws of 1973 2nd ex. sess., unless a work permit
has been properly issued, with the consent of the parent,
guardian, or other person having legal custody of the minor
and with the approval of the school which such minor may
then be attending. However, the consent of a parent, guard49.12.121
[Title 49 RCW—page 8]
ian, or other person, or the approval of the school which the
minor may then be attending, is unnecessary if the minor is
emancipated by court order.
(3) The minimum wage for minors shall be as prescribed
in RCW 49.46.020. [1993 c 294 § 9; 1989 c 1 § 3 (Initiative
Measure No. 518, approved November 8, 1988); 1973 2nd
ex.s. c 16 § 15.]
Effective date—1993 c 294: See RCW 13.64.900.
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
49.12.123 Work permit for minor required. In implementing state policy to assure the attendance of children in
the public schools it shall be required of any person, firm or
corporation employing any minor under the age of eighteen
years to obtain a work permit as set forth in RCW 49.12.121
and keep such permit on file during the employment of such
minor, and upon termination of such employment of such
minor to return such permit to the department of labor and
industries. [1991 c 303 § 8; 1983 c 3 § 156; 1973 c 51 § 3.]
49.12.123
Severability—1973 c 51: See note following RCW 28A.225.010.
49.12.124 Actors or performers—Work permits and
variances for minors. For all minors employed as actors or
performers in film, video, audio, or theatrical productions,
the department shall issue a permit under RCW 49.12.121
and a variance under RCW 49.12.105 upon finding that the
terms of the employment sufficiently protect the minor’s
health, safety, and welfare. The findings shall be based on
information provided to the department including, but not
limited to, the minor’s working conditions and planned work
schedule, adult supervision of the minor, and any planned
educational programs. [1994 c 62 § 2.]
49.12.124
49.12.130 Witness protected—Penalty. Any
employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes
that said employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010
through 49.12.180, shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine of
from twenty-five dollars to one hundred dollars for each such
misdemeanor. [1913 c 174 § 16; RRS § 7635.]
49.12.130
49.12.140 Complaint of noncompliance. Any worker
or the parent or guardian of any minor to whom RCW
49.12.010 through 49.12.180 applies may complain to the
director that the wages paid to the workers are less than the
minimum rate and the director shall investigate the same and
proceed under RCW 49.12.010 through 49.12.180 in behalf
of the worker. [1994 c 164 § 20; 1913 c 174 § 17 1/2; RRS §
7637.]
49.12.140
49.12.150 Civil action to recover underpayment. If
any employee shall receive less than the legal minimum
wage, except as hereinbefore provided in RCW 49.12.110,
said employee shall be entitled to recover in a civil action the
full amount of the legal minimum wage as herein provided
for, together with costs and attorney’s fees to be fixed by the
49.12.150
(2008 Ed.)
Industrial Welfare
court, notwithstanding any agreement to work for such lesser
wage. In such action, however, the employer shall be credited
with any wages which have been paid upon account. [1913 c
174 § 18; RRS § 7638.]
49.12.170 Penalty. Except as otherwise provided in
RCW 49.12.390 or 49.12.410, any employer employing any
person for whom a minimum wage or standards, conditions,
and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at
hours of labor prohibited by the rules and regulations of the
director; or violating any other of the provisions of chapter
16, Laws of 1973 2nd ex. sess., shall be deemed guilty of a
misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more
than one thousand dollars. [1994 c 164 § 21; 1991 c 303 § 6;
1973 2nd ex.s. c 16 § 16; 1913 c 174 § 17; RRS § 7636.]
49.12.170
Witnesses protected—Penalty: RCW 49.12.130.
49.12.175 Wage discrimination due to sex prohibited—Penalty—Civil recovery. Any employer in this state,
employing both males and females, who shall discriminate in
any way in the payment of wages as between sexes or who
shall pay any female a less wage, be it time or piece work, or
salary, than is being paid to males similarly employed, or in
any employment formerly performed by males, shall be
guilty of a misdemeanor. If any female employee shall
receive less compensation because of being discriminated
against on account of her sex, and in violation of this section,
she shall be entitled to recover in a civil action the full
amount of compensation that she would have received had
she not been discriminated against. In such action, however,
the employer shall be credited with any compensation which
has been paid to her upon account. A differential in wages
between employees based in good faith on a factor or factors
other than sex shall not constitute discrimination within the
meaning of RCW 49.12.010 through 49.12.180. [1943 c 254
§ 1; Rem. Supp. 1943 § 7636-1. Formerly RCW 49.12.210.]
49.12.175
49.12.180 Annual report. The director shall report
annually to the governor on its investigations and proceedings. [1994 c 164 § 22; 1977 c 75 § 73; 1913 c 174 § 20; RRS
§ 7640.]
49.12.180
49.12.250
the national labor relations act, 29 U.S.C. Sec. 151 et seq., if
the terms of the collective bargaining agreement covering
such employees specifically require rest and meal periods
and prescribe requirements concerning those rest and meal
periods.
Employees of public employers may enter into collective
bargaining contracts, labor/management agreements, or other
mutually agreed to employment agreements that specifically
vary from or supersede, in part or in total, rules adopted under
this chapter regarding appropriate rest and meal periods.
[2003 c 401 § 3; 2003 c 146 § 1; 1973 2nd ex.s. c 16 § 18.]
Reviser’s note: This section was amended by 2003 c 146 § 1 and by
2003 c 401 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Purpose—Intent—2003 c 401: "The legislature finds that
the enactment of chapter 236, Laws of 1988 amended the definition of
employer under the industrial welfare act, chapter 49.12 RCW, to ensure that
the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of
employer may be interpreted as creating an ambiguity as to whether the other
provisions of chapter 49.12 RCW have applied to the state and its political
subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW
and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of
the legislature to establish that, prior to May 20, 2003, chapter 49.12 RCW
and the rules adopted thereunder did not apply to the state or its agencies and
political subdivisions except as expressly provided for in RCW 49.12.265
through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and
49.12.460." [2003 c 401 § 1.]
Effective date—2003 c 401: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 2003]." [2003 c 401 § 6.]
49.12.200 Women may pursue any calling open to
men. That hereafter in this state every avenue of employment shall be open to women; and any business, vocation,
profession and calling followed and pursued by men may be
followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling or employment or excluded from any
premises or place of work or employment on account of sex.
[1963 c 229 § 1; 1890 p 519 § 1; RRS § 7620.]
49.12.200
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 63).
Sex equality—Rights and responsibility: State Constitution Art. 31 §§ 1, 2
(Amendment 61).
49.12.240 Employee inspection of personnel file.
Every employer shall, at least annually, upon the request of
an employee, permit that employee to inspect any or all of his
or her own personnel file(s). [1985 c 336 § 1.]
49.12.185 Exemptions from chapter. Chapter 16,
Laws of 1973 2nd ex. sess. shall not apply to newspaper vendors or carriers and domestic or casual labor in or about private residences and agricultural labor as defined in RCW
50.04.150, as now or hereafter amended. [1973 2nd ex.s. c
16 § 17.]
Destruction or retention of information relating to state employee misconduct: RCW 41.06.450 through 41.06.460.
49.12.187 Collective bargaining rights not affected.
This chapter shall not be construed to interfere with, impede,
or in any way diminish the right of employees to bargain collectively with their employers through representatives of
their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this
chapter regarding appropriate rest and meal periods as
applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under
49.12.250 Employee inspection of personnel file—
Erroneous or disputed information. (1) Each employer
shall make such file(s) available locally within a reasonable
period of time after the employee requests the file(s).
(2) An employee annually may petition that the
employer review all information in the employee’s personnel
file(s) that are regularly maintained by the employer as a part
of his business records or are subject to reference for information given to persons outside of the company. The
49.12.185
49.12.187
(2008 Ed.)
49.12.240
49.12.250
[Title 49 RCW—page 9]
49.12.260
Title 49 RCW: Labor Regulations
employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with
the employer’s determination, the employee may at his or her
request have placed in the employee’s personnel file a statement containing the employee’s rebuttal or correction. Nothing in this subsection prevents the employer from removing
information more frequently.
(3) A former employee shall retain the right of rebuttal or
correction for a period not to exceed two years. [1985 c 336
§ 2.]
49.12.260 Employee inspection of personnel file—
Limitations. RCW 49.12.240 and 49.12.250 do not apply to
the records of an employee relating to the investigation of a
possible criminal offense. RCW 49.12.240 and 49.12.250 do
not apply to information or records compiled in preparation
for an impending lawsuit which would not be available to
another party under the rules of pretrial discovery for causes
pending in the superior courts. [1985 c 336 § 3.]
49.12.260
for: (a) A child of the employee with a health condition that
requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious
health condition or an emergency condition. An employee
may not take advance leave until it has been earned. The
employee taking leave under the circumstances described in
this section must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave,
except for any terms relating to the choice of leave.
(2) Use of leave other than sick leave or other paid time
off to care for a child, spouse, parent, parent-in-law, or grandparent under the circumstances described in this section shall
be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable. [2002
c 243 § 1; 1988 c 236 § 3.]
Effective date—2002 c 243: See note following RCW 49.12.265.
Legislative findings—1988 c 236: "The legislature recognizes the
changing nature of the workforce brought about by increasing numbers of
working mothers, single parent households, and dual career families. The
legislature finds that the needs of families must be balanced with the
demands of the workplace to promote family stability and economic security. The legislature further finds that it is in the public interest for employers
to accommodate employees by providing reasonable leaves from work for
family reasons. In order to promote family stability, economic security, and
the public interest, the legislature hereby establishes a minimum standard for
family care. Nothing contained in this act shall prohibit any employer from
establishing family care standards more generous than the minimum standards set forth in this act." [1988 c 236 § 1.]
49.12.265 Sick leave, time off—Care of family members—Definitions. The definitions in this section apply
throughout RCW 49.12.270 through 49.12.295 unless the
context clearly requires otherwise.
(1) "Child" means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis who is: (a) Under eighteen years of age; or (b)
eighteen years of age or older and incapable of self-care
because of a mental or physical disability.
(2) "Grandparent" means a parent of a parent of an
employee.
(3) "Parent" means a biological or adoptive parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a child.
(4) "Parent-in-law" means a parent of the spouse of an
employee.
(5) "Sick leave or other paid time off" means time
allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable,
to an employee for illness, vacation, and personal holiday. If
paid time is not allowed to an employee for illness, "sick
leave or other paid time off" also means time allowed under
the terms of an appropriate state law, collective bargaining
agreement, or employer policy, as applicable, to an employee
for disability under a plan, fund, program, or practice that is:
(a) Not covered by the employee retirement income security
act of 1974, 29 U.S.C. Sec. 1001 et seq.; and (b) not established or maintained through the purchase of insurance.
(6) "Spouse" means a husband or wife, as the case may
be. [2005 c 499 § 1; 2002 c 243 § 2.]
49.12.275 Sick leave, time off—Care of family members—Poster required. The department shall develop and
furnish to each employer a poster which describes an
employer’s obligations and an employee’s rights under RCW
49.12.270 through 49.12.295. The poster must include notice
about any state law, rule, or regulation governing maternity
disability leave and indicate that federal or local ordinances,
laws, rules, or regulations may also apply. The poster must
also include a telephone number and an address of the department to enable employees to obtain more information regarding RCW 49.12.270 through 49.12.295. Each employer must
display this poster in a conspicuous place. Every employer
shall also post its leave policies, if any, in a conspicuous
place. Nothing in this section shall be construed to create a
right to continued employment. [1988 c 236 § 2.]
Effective date—2002 c 243: "This act takes effect January 1, 2003."
[2002 c 243 § 4.]
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.270 Sick leave, time off—Care of family members. (1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the
employee is entitled to sick leave or other paid time off, then
an employer shall allow an employee to use any or all of the
employee’s choice of sick leave or other paid time off to care
49.12.280 Sick leave, time off—Care of family members—Administration and enforcement. The department
shall administer and investigate violations of RCW 49.12.270
and 49.12.275. [1988 c 236 § 4.]
49.12.265
49.12.270
[Title 49 RCW—page 10]
Effective date—1988 c 236: "This act shall take effect on September 1,
1988." [1988 c 236 § 12.]
Implementation—1988 c 236: "Prior to September 1, 1988, the department of labor and industries may take such steps as are necessary to ensure
that chapter 236, Laws of 1988 is implemented on September 1, 1988."
[1988 c 236 § 10.]
Severability—1988 c 236: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 236 § 11.]
49.12.275
49.12.280
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
(2008 Ed.)
Industrial Welfare
49.12.285 Sick leave, time off—Care of family members—Monetary penalties. The department may issue a
notice of infraction if the department reasonably believes that
an employer has failed to comply with RCW 49.12.270 or
49.12.275. The form of the notice of infraction shall be
adopted by rule pursuant to chapter 34.05 RCW. An
employer who is found to have committed an infraction
under RCW 49.12.270 or 49.12.275 may be assessed a monetary penalty not to exceed two hundred dollars for each violation. An employer who repeatedly violates RCW 49.12.270
or 49.12.275 may be assessed a monetary penalty not to
exceed one thousand dollars for each violation. For purposes
of this section, the failure to comply with RCW 49.12.275 as
to an employee or the failure to comply with RCW 49.12.270
as to a period of leave sought by an employee shall each constitute separate violations. An employer has twenty days to
appeal the notice of infraction. Any appeal of a violation
determined to be an infraction shall be heard and determined
by an administrative law judge. Monetary penalties collected
under this section shall be deposited into the general fund.
[1988 c 236 § 5.]
49.12.285
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.287 Sick leave, time off—Care of family members—Discharge of employee not permitted. An employer
shall not discharge, threaten to discharge, demote, suspend,
discipline, or otherwise discriminate against an employee
because the employee: (1) Has exercised, or attempted to
exercise, any right provided under RCW 49.12.270 through
49.12.295; or (2) has filed a complaint, testified, or assisted in
any proceeding under RCW 49.12.270 through 49.12.295.
[2002 c 243 § 3.]
49.12.287
Effective date—2002 c 243: See note following RCW 49.12.265.
49.12.290 Sick leave, time off—Care of family members—Collective bargaining agreement not reduced.
Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining
agreement. [1988 c 236 § 6.]
49.12.290
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.295 Sick leave, time off—Care of family members—Notification of employers. The department shall
notify all employers of the provisions of RCW 49.12.270
through 49.12.290. [1988 c 236 § 7.]
49.12.295
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.300 House-to-house sales by minor—Registration of employer. (1) No person under sixteen years of age
may be employed in house-to-house sales unless the department grants a variance permitting specific employment under
criteria adopted by department rule.
(2) No person sixteen or seventeen years of age may be
employed in house-to-house sales unless the employer:
(a) Obtains and maintains a validated registration certificate issued by the department. Application for registration
shall be made on a form prescribed by the director, which
shall include but not be limited to:
49.12.300
(2008 Ed.)
49.12.310
(i) The employer’s name, permanent address, and telephone number;
(ii) The employer’s social security number and industrial
insurance number or, in lieu of these numbers, the
employer’s unified business identifier account number; and
(iii) A description of the work to be performed by persons aged sixteen or seventeen and the working conditions
under which the work will be performed;
(b) Provides each employee sixteen or seventeen years of
age, before beginning work, an identification card in a form
prescribed by the director. The card shall include, but not be
limited to, a picture of the employee, the employee’s name,
the name and address of the employer, a statement that the
employer is registered with the department of labor and
industries, and the registration number. The person employed
in house-to-house sales shall show the identification card to
each customer or potential customer of the person;
(c) Ensures supervision by a person aged twenty-one
years or over during all working hours, with each supervisor
responsible for no more than five persons; and
(d) If transporting an employee sixteen or seventeen
years of age to another state, obtains the express written consent of the employee’s parent or legal guardian.
(3) An employer may not employ a person sixteen or
seventeen years of age in house-to-house sales after the hour
of nine p.m.
(4) The department shall adopt by rule procedures for the
renewal, denial, or revocation of registrations required by this
section. [1989 c 216 § 1.]
49.12.310 House-to-house sales by minor—Advertising by employer—Penalty. (1) Any person advertising to
employ a person in house-to-house sales with an advertisement specifically prescribing a minimum age requirement
that is under the age of twenty-one shall:
(a) Register with the department as provided in RCW
49.12.300(2)(a); and
(b) Include the following information in any advertisement:
(i) The registration number required by subsection (1)(a)
of this section;
(ii) The specific nature of the employment and the product or services to be sold; and
(iii) The average monthly compensation paid in the previous six months to new employees, taking into account any
deductions made pursuant to the employment contract.
(2) Advertising to recruit or employ a person in houseto-house sales shall not be false, misleading, or deceptive.
(3) A violation of this section is an unfair act or practice
in violation of the consumer protection act, chapter 19.86
RCW. The remedies and sanctions provided under chapter
19.86 RCW shall not preclude application of other available
remedies and sanctions.
(4) No publisher, radio broadcast licensee, advertising
agency, or agency or medium for the dissemination of an
advertisement may be subject to penalties by reason of dissemination of any false, misleading, or deceptive advertisement, or for an advertisement that fails to meet the requirements of subsection (1) of this section, unless he or she has
refused on the request of the director to furnish the name and
49.12.310
[Title 49 RCW—page 11]
49.12.320
Title 49 RCW: Labor Regulations
address of the person purchasing the advertising. [1989 c 216
§ 2.]
49.12.320 Definitions. For the purposes of RCW
49.12.300 and 49.12.310:
(1) "Employ" includes to engage, suffer, or permit to
work, but does not include voluntary or donated services performed for no compensation, or without expectation or contemplation of compensation as the adequate consideration for
the services performed, for an educational, charitable, religious, state or local government body or agency, or nonprofit
organization, or services performed by a newspaper vendor
or a person in the employ of his or her parent or stepparent.
(2) "House-to-house sales" includes a sale or other transaction in consumer goods, the demonstration of products or
equipment, the obtaining of orders for consumer goods, or
the obtaining of contracts for services, in which the employee
personally solicits the sale or transaction at a place other than
the place of business of the employer. [1989 c 216 § 3.]
49.12.320
49.12.330 Rules. The department shall adopt rules to
implement RCW 49.12.300 through 49.12.320. [1989 c 216
§ 4.]
49.12.330
49.12.350 Parental leave—Legislative findings. The
legislature finds that employers often distinguish between
biological parents, and adoptive parents and stepparents in
their employee leave policies. Many employers who grant
leave to their employees to care for a newborn child either
have no policy or establish a more restrictive policy regarding whether an adoptive parent or stepparent can take similar
leave. The legislature further finds that many employers
establish different leave policies for men and women regarding the care of a newborn or newly placed child. The legislature recognizes that the bonding that occurs between a parent
and child is important to the nurturing of that child, regardless of whether the parent is the child’s biological parent and
regardless of the gender of the parent. For these reasons, the
legislature declares that it is the public policy of this state to
require that employers who grant leave to their employees to
care for a newborn child make the same leave available upon
the same terms for adoptive parents and stepparents, men and
women. [1989 1st ex.s. c 11 § 22.]
49.12.350
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.360 Parental leave—Discrimination prohibited. (1) An employer must grant an adoptive parent or a
stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the
same terms as the employer grants to biological parents. As
a term of leave, an employer may restrict leave to those living
with the child at the time of birth or initial placement.
(2) An employer must grant the same leave upon the
same terms for men as it does for women.
(3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and
appeals shall be administered in the same manner as violations under RCW 49.12.285.
49.12.360
[Title 49 RCW—page 12]
(4) For purposes of this section, "leave" means any leave
from employment granted to care for a newborn or a newly
adopted child at the time of placement for adoption.
(5) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave;
or
(b) Establish a leave policy to care for a newborn or
newly placed child if no such leave policy is in place for any
of its employees. [2003 c 401 § 4; 1989 1st ex.s. c 11 § 23.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.370 Parental leave—Collective bargaining
agreement or employee benefit plan—Application. In the
case of employees covered by an unexpired collective bargaining agreement that expires on or after September 1, 1989,
or by an employee benefit program or plan with a stated year
ending on or after September 1, 1989, the effective date of
RCW 49.12.360 shall be the later of: (1) The first day following expiration of the collective bargaining agreement; or (2)
the first day of the next plan year. [1989 1st ex.s. c 11 § 24.]
49.12.370
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.380 Child labor laws—Information program.
Upon adoption of the rules under *section 1 of this act, the
department of labor and industries shall implement a comprehensive program to inform employers of the rules adopted.
The program shall include mailings, public service
announcements, seminars, and any other means deemed
appropriate to inform all Washington employers of their
rights and responsibilities regarding the employment of
minors. [1991 c 303 § 2.]
49.12.380
*Reviser’s note: Section 1 of this act, which amended RCW 49.12.121,
was vetoed by the governor.
49.12.390 Child labor laws—Violations—Civil penalties—Restraining orders. (1)(a) Except as otherwise provided in subsection (2) of this section, if the director, or the
director’s designee, finds that an employer has violated any
of the requirements of RCW 49.12.121 or 49.12.123, or a rule
or order adopted or variance granted under RCW 49.12.121
or 49.12.123, a citation stating the violations shall be issued
to the employer. The citation shall be in writing, describing
the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. An initial citation for failure to comply with RCW 49.12.123 or
rules requiring a minor work permit and maintenance of
records shall state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation without penalty. The director or the director’s designee
may establish a specific time for abatement of other nonserious violations in lieu of a penalty for first time violations. The
citation and a proposed penalty assessment shall be given to
the highest management official available at the workplace or
be mailed to the employer at the workplace. In addition, the
department shall mail a copy of the citation and proposed
penalty assessment to the central personnel office of the
49.12.390
(2008 Ed.)
Industrial Welfare
employer. Citations issued under this section shall be posted
at or near the place where the violation occurred.
(b) Except when an employer corrects a violation as provided in (a) of this subsection, he or she shall be assessed a
civil penalty of not more than one thousand dollars depending on the size of the business and the gravity of the violation.
The employer shall pay the amount assessed within thirty
days of receipt of the assessment or notify the director of his
or her intent to appeal the citation or the assessment penalty
as provided in RCW 49.12.400.
(2) If the director, or the director’s designee, finds that an
employer has committed a serious or repeated violation of the
requirements of RCW 49.12.121 or 49.12.123, or any rule or
order adopted or variance granted under RCW 49.12.121 or
49.12.123, the employer is subject to a civil penalty of not
more than one thousand dollars for each day the violation
continues. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical
harm has resulted or is imminent from a condition that exists,
or from one or more practices, means, methods, operations,
or processes that have been adopted or are in use by the
employer, unless the employer did not, and could not with the
exercise of reasonable diligence, know of the presence of the
violation.
(3) In addition to any other authority provided in this
section, if, upon inspection or investigation, the director, or
director’s designee, believes that an employer has violated
RCW 49.12.121 or 49.12.123, or a rule or order adopted or
variance granted under RCW 49.12.121 or 49.12.123, and
that the violation creates a danger from which there is a substantial probability that death or serious physical harm could
result to a minor employee, the director, or director’s designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger
in the workplace. An order issued under this subsection may
require the employer to take steps necessary to avoid, correct,
or remove the danger and to prohibit the employment or presence of a minor in locations or under conditions where the
danger exists.
(4) An employer who violates any of the posting requirements of RCW 49.12.121 or rules adopted implementing
RCW 49.12.121 shall be assessed a civil penalty of not more
than one hundred dollars for each violation.
(5) A person who gives advance notice, without the
authority of the director, of an inspection to be conducted
under this chapter shall be assessed a civil penalty of not
more than one thousand dollars.
(6) Penalties assessed under this section shall be paid to
the director and deposited into the general fund. [1991 c 303
§ 3.]
49.12.400 Child labor laws—Appeal. A person, firm,
or corporation aggrieved by an action taken or decision made
by the department under RCW 49.12.390 may appeal the
action or decision to the director by filing notice of the appeal
with the director within thirty days of the department’s action
or decision. A notice of appeal filed under this section shall
stay the effectiveness of a citation or notice of the assessment
of a penalty pending review of the appeal by the director, but
such appeal shall not stay the effectiveness of an order of
immediate restraint issued under RCW 49.12.390. Upon
49.12.400
(2008 Ed.)
49.12.450
receipt of an appeal, a hearing shall be held in accordance
with chapter 34.05 RCW. The director shall issue all final
orders after the hearing. The final orders are subject to appeal
in accordance with chapter 34.05 RCW. Orders not appealed
within the time period specified in chapter 34.05 RCW are
final and binding. [1991 c 303 § 4.]
49.12.410 Child labor laws—Violations—Criminal
penalties. (1) An employer who knowingly or recklessly
violates the requirements of RCW 49.12.121 or 49.12.123, or
a rule or order adopted under RCW 49.12.121 or 49.12.123,
is guilty of a gross misdemeanor.
(2) An employer whose practices in violation of the
requirements of RCW 49.12.121 or 49.12.123, or a rule or
order adopted under RCW 49.12.121 or 49.12.123, result in
the death or permanent disability of a minor employee is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 273; 1991 c 303 § 5.]
49.12.410
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.12.420 Child labor laws—Exclusive remedies.
The penalties established in RCW 49.12.390 and 49.12.410
for violations of RCW 49.12.121 and 49.12.123 are exclusive
remedies. [1991 c 303 § 7.]
49.12.420
49.12.450 Compensation for required employee
work apparel—Exceptions—Changes—Rules—Expiration of subsection. (1) Notwithstanding the provisions of
chapter 49.46 RCW or other provisions of this chapter, the
obligation of an employer to furnish or compensate an
employee for apparel required during work hours shall be
determined only under this section.
(2) Employers are not required to furnish or compensate
employees for apparel that an employer requires an employee
to wear during working hours unless the required apparel is a
uniform.
(3) As used in this section, "uniform" means:
(a) Apparel of a distinctive style and quality that, when
worn outside of the workplace, clearly identifies the person
as an employee of a specific employer;
(b) Apparel that is specially marked with an employer’s
logo;
(c) Unique apparel representing an historical time period
or an ethnic tradition; or
(d) Formal apparel.
(4) Except as provided in subsection (5) of this section, if
an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the
employer is not required to furnish or compensate an
employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or
light or dark variations of such colors: White, tan, or blue, for
tops; and tan, black, blue, or gray, for bottoms. An employer
is permitted to require an employee to obtain two sets of
wearing apparel to accommodate for the seasonal changes in
weather which necessitate a change in wearing apparel.
(5) If an employer changes the color or colors of apparel
required to be worn by any of his or her employees during a
two-year period of time, the employer shall furnish or com49.12.450
[Title 49 RCW—page 13]
49.12.460
Title 49 RCW: Labor Regulations
pensate the employees for the apparel. The employer shall be
required to furnish or compensate only those employees who
are affected by the change. The two-year time period begins
on the date the change in wearing apparel goes into effect and
ends two years from this date. The beginning and end of the
two-year time period applies to all employees regardless of
when the employee is hired.
(6) The department shall utilize negotiated rule making
as defined by RCW 34.05.310(2)(a) in the development and
adoption of rules defining apparel that conforms to a general
dress code or style. This subsection expires January 1, 2000.
(7) For the purposes of this section, personal protective
equipment required for employee protection under chapter
49.17 RCW is not deemed to be employee wearing apparel.
[1998 c 334 § 2.]
Construction—1998 c 334: "Nothing in this act shall be construed to
alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of June 11, 1998, until the expiration date
of such agreement." [1998 c 334 § 3.]
49.12.460 Volunteer firefighters, reserve officers—
Employer duties—Violations. (1) An employer may not
discharge from employment or discipline a volunteer firefighter or reserve officer because of leave taken related to an
alarm of fire or an emergency call.
(2)(a) A volunteer firefighter or reserve officer who
believes he or she was discharged or disciplined in violation
of this section may file a complaint alleging the violation
with the director. The volunteer firefighter or reserve officer
may allege a violation only by filing such a complaint within
ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must
cause an investigation to be made as the director deems
appropriate and must determine whether this section has been
violated. Notice of the director’s determination must be sent
to the complainant and the employer within ninety days of
receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee,
whichever is applicable, within thirty days of receipt of
notice of the director’s determination, the volunteer firefighter or reserve officer may bring an action against the
employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior
court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the
employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding
to, working at, or returning from a fire alarm or an emergency
call, but not participating in training or other nonemergency
activities.
(b) "Employer" means an employer who had twenty or
more full-time equivalent employees in the previous year.
(c) "Reinstatement" means reinstatement with back pay,
without loss of seniority or benefits, and with removal of any
related adverse material from the employee’s personnel file,
if a file is maintained by the employer.
49.12.460
[Title 49 RCW—page 14]
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of
seniority or benefits, and with removal of any related adverse
material from the employee’s personnel file, if a file is maintained by the employer.
(e) "Volunteer firefighter" means a firefighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment when
called to serve as a volunteer, unless the employer agrees to
provide such an accommodation; and
(iii) Has been ordered to remain at his or her position by
the commanding authority at the scene of the fire.
(f) "Reserve officer" has the meaning provided in RCW
41.24.010.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in
this section and no civil or criminal action may be maintained
relying on the public policies articulated in this section without complying with the procedures set forth in this section,
and to that end all civil actions and civil causes of action for
such injuries and all jurisdiction of the courts of this state
over such causes are hereby abolished, except as provided in
this section. [2004 c 44 § 1; 2003 c 401 § 5; 2001 c 173 § 1.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes
following RCW 49.12.187.
49.12.900 Severability—1973 2nd ex.s. c 16. If any
provision of this 1973 amendatory act, or its application to
any person or circumstances is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 2nd ex.s. c 16 § 20.]
49.12.900
49.12.901 Severability—1991 c 303. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 303 § 10.]
49.12.901
49.12.902 Effective date—1991 c 303 §§ 3-7. Sections
3 through 7 of this act shall take effect April 1, 1992. [1991
c 303 § 12.]
49.12.902
Chapter 49.17
Chapter 49.17 RCW
WASHINGTON INDUSTRIAL SAFETY
AND HEALTH ACT
Sections
49.17.010
49.17.020
49.17.022
49.17.030
49.17.040
49.17.041
49.17.050
49.17.055
49.17.060
49.17.070
49.17.075
49.17.080
Purpose.
Definitions.
Legislative findings and intent—Definition of agriculture.
Application of chapter—Fees and charges.
Rules and regulations—Authority—Procedure.
Agricultural safety standards—Limitation on adopting or
establishing between January 1, 1995, through January 15,
1996—Requirements.
Rules and regulations—Guidelines—Standards.
WISHA advisory committee—Appointment of members—
Duties—Terms, compensation, and expenses.
Employer—General safety standard—Compliance.
Right of entry—Inspections and investigations—Subpoenas—
Contempt.
Search warrants.
Variance from safety and health standards—Application—
Contents—Procedure.
(2008 Ed.)
Washington Industrial Safety and Health Act
49.17.090
49.17.100
49.17.110
49.17.120
49.17.130
49.17.140
49.17.150
49.17.160
49.17.170
49.17.180
49.17.190
49.17.200
49.17.210
49.17.220
49.17.230
49.17.240
49.17.250
49.17.260
49.17.270
49.17.280
49.17.285
49.17.288
49.17.300
49.17.310
49.17.320
49.17.350
49.17.360
49.17.370
49.17.400
49.17.410
49.17.420
49.17.430
49.17.440
49.17.900
49.17.910
Variance from safety and health standards—Notice—Hearing—Order—Modification or revocation.
Inspection—Employer and employee representatives.
Compliance by employee—Violations—Notice—Review.
Violations—Citations.
Violations—Dangerous conditions—Citations and orders of
immediate restraint—Restraints—Restraining orders.
Appeal to board—Citation or notification of assessment of
penalty—Final order—Procedure—Redetermination—
Hearing.
Appeal to superior court—Review or enforcement of orders.
Discrimination against employee filing complaint, instituting
proceedings, or testifying prohibited—Procedure—Remedy.
Injunctions—Temporary restraining orders.
Violations—Civil penalties.
Violations—Criminal penalties.
Confidentiality—Trade secrets.
Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.
Records—Reports—Notice to employee exposed to harmful
materials.
Compliance with federal act—Agreements and acceptance of
grants authorized.
Safety and health standards.
Voluntary compliance program—Consultation and advisory
services.
Statistics—Investigations—Reports.
Administration of chapter.
Agricultural workers and handlers of agricultural pesticides—
Coordination of regulation and enforcement with department
of agriculture.
Medical monitoring—Records on covered pesticides—
Reports.
Cholinesterase monitoring—Reports.
Temporary worker housing—Electricity—Storage, handling,
preparation of food—Rules.
Temporary worker housing—Licensing, operation, and
inspection—Rules—Definition.
Temporary worker housing operation standards—Departments’ agreement—Enforcement—Definition.
Flaggers.
Ergonomics Initiative—Intent.
Ergonomics Initiative—Definition—Rule repeal.
Construction crane safety—Definitions.
Construction crane safety—Application.
Construction crane certification program—Rules—Certificate
of operation.
Qualified construction crane operators—Rules—Apprentice
operators or trainees—Reciprocity.
Construction crane safety—Rules—Implementation.
Short title.
Severability—1973 c 80.
49.17.010 Purpose. The legislature finds that personal
injuries and illnesses arising out of conditions of employment
impose a substantial burden upon employers and employees
in terms of lost production, wage loss, medical expenses, and
payment of benefits under the industrial insurance act. Therefore, in the public interest for the welfare of the people of the
state of Washington and in order to assure, insofar as may
reasonably be possible, safe and healthful working conditions
for every man and woman working in the state of Washington, the legislature in the exercise of its police power, and in
keeping with the mandates of Article II, section 35 of the
state Constitution, declares its purpose by the provisions of
this chapter to create, maintain, continue, and enhance the
industrial safety and health program of the state, which program shall equal or exceed the standards prescribed by the
Occupational Safety and Health Act of 1970 (Public Law 91596, 84 Stat. 1590). [1973 c 80 § 1.]
49.17.010
Industrial insurance: Title 51 RCW.
49.17.020 Definitions. For the purposes of this chapter:
(1) The term "agriculture" means farming and includes,
but is not limited to:
49.17.020
(2008 Ed.)
49.17.020
(a) The cultivation and tillage of the soil;
(b) Dairying;
(c) The production, cultivation, growing, and harvesting
of any agricultural or horticultural commodity;
(d) The raising of livestock, bees, fur-bearing animals, or
poultry; and
(e) Any practices performed by a farmer or on a farm,
incident to or in connection with such farming operations,
including but not limited to preparation for market and delivery to:
(i) Storage;
(ii) Market; or
(iii) Carriers for transportation to market.
The term "agriculture" does not mean a farmer’s processing for sale or handling for sale a commodity or product
grown or produced by a person other than the farmer or the
farmer’s employees.
(2) The term "director" means the director of the department of labor and industries, or his designated representative.
(3) The term "department" means the department of
labor and industries.
(4) The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or
other business entity which engages in any business, industry, profession, or activity in this state and employs one or
more employees or who contracts with one or more persons,
the essence of which is the personal labor of such person or
persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions
of the state, and charitable organizations: PROVIDED, That
any person, partnership, or business entity not having
employees, and who is covered by the industrial insurance act
shall be considered both an employer and an employee.
(5) The term "employee" means an employee of an
employer who is employed in the business of his employer
whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who
is working under an independent contract the essence of
which is his personal labor for an employer under this chapter
whether by way of manual labor or otherwise.
(6) The term "person" means one or more individuals,
partnerships, associations, corporations, business trusts, legal
representatives, or any organized group of persons.
(7) The term "safety and health standard" means a standard which requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably
necessary or appropriate to provide safe or healthful employment and places of employment.
(8) The term "work place" means any plant, yard, premises, room, or other place where an employee or employees
are employed for the performance of labor or service over
which the employer has the right of access or control, and
includes, but is not limited to, all work places covered by
industrial insurance under Title 51 RCW, as now or hereafter
amended.
(9) The term "working day" means a calendar day,
except Saturdays, Sundays, and all legal holidays as set forth
in RCW 1.16.050, as now or hereafter amended, and for the
purposes of the computation of time within which an act is to
be done under the provisions of this chapter, shall be com[Title 49 RCW—page 15]
49.17.022
Title 49 RCW: Labor Regulations
puted by excluding the first working day and including the
last working day. [1997 c 362 § 2; 1973 c 80 § 2.]
Department of labor and industries: Chapter 43.22 RCW.
49.17.022 Legislative findings and intent—Definition
of agriculture. The legislature finds that the state’s farms
are diverse in their nature and the owners, managers, and
their employees continually find new ways to plant, raise,
harvest, process, store, market, and distribute their products.
The legislature further finds that the department of labor and
industries needs guidance in determining when activities
related to agricultural products are to be regulated as agricultural activities and when they should be regulated as other
activities. It is the intent of the legislature that activities performed by a farmer as incident to or in conjunction with his
or her farming activities be regulated as agricultural activities. For this purpose, an agricultural activity is to be interpreted broadly, based on the definition of "agriculture" in
RCW 49.17.020. [1997 c 362 § 1.]
49.17.022
49.17.030 Application of chapter—Fees and charges.
This chapter shall apply with respect to employment performed in any work place within the state. The department of
labor and industries shall provide by rule for a schedule of
fees and charges to be paid by each employer subject to this
chapter who is not subject to or obtaining coverage under the
industrial insurance laws and who is not a self-insurer. The
fees and charges collected shall be for the purpose of defraying such employer’s pro rata share of the expenses of enforcing and administering this chapter. [1973 c 80 § 3.]
49.17.030
49.17.040 Rules and regulations—Authority—Procedure. The director shall make, adopt, modify, and repeal
rules and regulations governing safety and health standards
for conditions of employment as authorized by this chapter
after a public hearing in conformance with the administrative
procedure act and the provisions of this chapter. At least
thirty days prior to such public hearing, the director shall
cause public notice of such hearing to be made in newspapers
of general circulation in this state, of the date, time, and place
of such public hearing, along with a general description of the
subject matter of the proposed rules and information as to
where copies of any rules and regulations proposed for adoption may be obtained and with a solicitation for recommendations in writing or suggestions for inclusion or changes in
such rules to be submitted not later than five days prior to
such public hearing. Any preexisting rules adopted by the
department of labor and industries relating to health and
safety standards in work places subject to the jurisdiction of
the department shall remain effective insofar as such rules are
not inconsistent with the provisions of this chapter. [1973 c
80 § 4.]
49.17.040
49.17.041 Agricultural safety standards—Limitation
on adopting or establishing between January 1, 1995,
through January 15, 1996—Requirements. (1)(a) Except
as provided in (b) of this subsection, no rules adopted under
this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1,
1995, and ending January 15, 1996. This subsection applies,
49.17.041
[Title 49 RCW—page 16]
but is not limited to applying, to a rule adopted before January 1, 1995, but with an effective date which is during the
period beginning January 1, 1995, and ending January 15,
1996, and to provisions of rules adopted prior to January 1,
1995, which provisions are to become effective during the
period beginning January 1, 1995, and ending January 15,
1996.
(b) Subsection (1)(a) of this section does not apply to:
Provisions of rules that were in effect before January 1, 1995;
emergency rules adopted under RCW 34.05.350; or revisions
to chapter 296-306 WAC regarding rollover protective structures that were adopted in 1994 and effective March 1, 1995,
and that are additionally revised to refer to the variance process available under this chapter.
(2) The rules for agricultural safety adopted under this
chapter must:
(a) Establish, for agricultural employers, an agriculture
safety standard that includes agriculture-specific rules and
specific references to the general industry safety standard
adopted under chapter 49.17 RCW; and
(b) Exempt agricultural employers from the general
industry safety standard adopted under chapter 49.17 RCW
for all rules not specifically referenced in the agriculture
safety standard.
(3) The department shall publish in one volume all of the
occupational safety rules that apply to agricultural employers
and shall make this volume available to all agricultural
employers before January 15, 1996. This volume must be
available in both English and Spanish.
(4) The department shall provide training, education, and
enhanced consultation services concerning its agricultural
safety rules to agricultural employers before the rules’ effective dates. The training, education, and consultation must
continue throughout the winter of 1995-1996. Training and
education programs must be provided throughout the state
and must be coordinated with agricultural associations in
order to meet their members’ needs.
(5) The department shall provide, for informational purposes, a list of commercially available rollover protective
structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the
name and address of the manufacturer and the approximate
price of the structure. Included with the list shall be a statement indicating that an employer may apply for a variance
from the rules requiring rollover protective structures under
this chapter and that variances may be granted in appropriate
circumstances on a case-by-case basis. The statement shall
also provide examples of circumstances under which a variance may be granted. The list and statement shall be generally available to the agricultural community before the
department may take any action to enforce rules requiring
rollover protective structures for tractors used in agricultural
operations manufactured before October 25, 1976. [1995 c
371 § 2.]
Finding—1995 c 371: "The legislature finds that:
(1) The state’s highly productive and efficient agricultural sector is
composed predominately of family-owned and managed farms and an industrious and efficient workforce;
(2) A reasonable level of safety regulations is needed to protect workers;
(3) The smaller but highly efficient farming operations would benefit
from safety rules that are easily referenced and agriculture-specific to the
(2008 Ed.)
Washington Industrial Safety and Health Act
extent possible; and
(4) There should be lead time between the adoption of agriculture
safety rules and their effective date in order to allow the department of labor
and industries to provide training, education, and enhanced consultation services to family-owned and managed farms." [1995 c 371 § 1.]
Application—1995 c 371 § 2: "Section 2(1) of this act is remedial in
nature and applies to rules and provisions of rules regarding agricultural
safety that would take effect after December 31, 1994." [1995 c 371 § 4.]
49.17.050 Rules and regulations—Guidelines—Standards. In the adoption of rules and regulations under the
authority of this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment, or
repeal of rules and regulations of safety and health standards
governing the conditions of employment of general and special application in all work places;
(2) Provide for the adoption of occupational health and
safety standards which are at least as effective as those
adopted or recognized by the United States secretary of labor
under the authority of the Occupational Safety and Health
Act of 1970 (Public Law 91-596; 84 Stat. 1590);
(3) Provide a method of encouraging employers and
employees in their efforts to reduce the number of safety and
health hazards at their work places and to stimulate employers and employees to institute new and to perfect existing
programs for providing safe and healthful working conditions;
(4) Provide for the promulgation of health and safety
standards and the control of conditions in all work places
concerning gases, vapors, dust, or other airborne particles,
toxic materials, or harmful physical agents which shall set a
standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to
the hazard dealt with by such standard for the period of his
working life; any such standards shall require where appropriate the use of protective devices or equipment and for
monitoring or measuring any such gases, vapors, dust, or
other airborne particles, toxic materials, or harmful physical
agents;
(5) Provide for appropriate reporting procedures by
employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this chapter;
(6) Provide for the frequency, method, and manner of the
making of inspections of work places without advance
notice; and,
(7) Provide for the publication and dissemination to
employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in
achieving the objectives of this chapter;
(8) Provide for the establishment of new and the perfection and expansion of existing programs for occupational
safety and health education for employers and employees,
and, in addition institute methods and procedures for the
establishment of a program for voluntary compliance solely
through the use of advice and consultation with employers
and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health
49.17.050
(2008 Ed.)
49.17.055
standards and rules and regulations promulgated pursuant to
the authority of this chapter;
(9) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings;
(10) Provide for the promulgation of health and safety
standards requiring the use of safeguards for all vats, pans,
trimmers, cut off, gang edger, and other saws, planers,
presses, formers, cogs, gearing, belting, shafting, coupling,
set screws, live rollers, conveyors, mangles in laundries, and
machinery of similar description, which can be effectively
guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom,
and with which the employees of any such work place may
come in contact while in the performance of their duties and
prescribe methods, practices, or processes to be followed by
employers which will enhance the health and safety of
employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection;
(11) Certify that no later than twenty business days prior
to the effective date of any significant legislative rule, as
defined by RCW 34.05.328, a meeting of impacted parties is
convened to: (a) Identify ambiguities and problem areas in
the rule; (b) coordinate education and public relations efforts
by all parties; (c) provide comments regarding internal
department training and enforcement plans; and (d) provide
comments regarding appropriate evaluation mechanisms to
determine the effectiveness of the new rule. The meeting
shall include a balanced representation of both business and
labor from impacted industries, department personnel
responsible for the above subject areas, and other agencies or
key stakeholder groups as determined by the department. An
existing advisory committee may be utilized if appropriate.
[1998 c 224 § 1; 1973 c 80 § 5.]
49.17.055 WISHA advisory committee—Appointment of members—Duties—Terms, compensation, and
expenses. The director shall appoint a WISHA advisory
committee composed of ten members: Four members representing subject workers, each of whom shall be appointed
from a list of at least three names submitted by a recognized
statewide organization of employees, representing a majority
of employees; four members representing subject employers,
each of whom shall be appointed from a list of at least three
names submitted by a recognized statewide organization of
employers, representing a majority of employers; and two ex
officio members, without a vote, one of whom shall be the
chairperson of the board of industrial insurance appeals, and
the other representing the department. The member representing the department shall be chairperson. The committee
shall provide comment on department rule making, policies,
and other initiatives. The committee shall also conduct a continuing study of any aspect of safety and health the committee
determines to require their consideration. The committee
shall report its findings to the department or the board of
industrial insurance appeals for action as deemed appropriate. The members of the committee shall be appointed for a
term of three years commencing on July 1, 1997, and the
terms of the members representing the workers and employ49.17.055
[Title 49 RCW—page 17]
49.17.060
Title 49 RCW: Labor Regulations
ers shall be staggered so that the director shall designate one
member from each group initially appointed whose term shall
expire on June 30, 1998, and one member from each group
whose term shall expire on June 30, 1999. The members shall
serve without compensation, but are entitled to travel
expenses as provided in RCW 43.03.050 and 43.03.060. The
committee may hire such experts, if any, as it requires to discharge its duties and may utilize such personnel and facilities
of the department and board of industrial insurance appeals
as it needs, without charge. All expenses of the committee
must be paid by the department. [1997 c 107 § 1.]
49.17.060 Employer—General safety standard—
Compliance. Each employer:
(1) Shall furnish to each of his employees a place of
employment free from recognized hazards that are causing or
likely to cause serious injury or death to his employees:
PROVIDED, That no citation or order assessing a penalty
shall be issued to any employer solely under the authority of
this subsection except where no applicable rule or regulation
has been adopted by the department covering the unsafe or
unhealthful condition of employment at the work place; and
(2) Shall comply with the rules, regulations, and orders
promulgated under this chapter. [1973 c 80 § 6.]
49.17.060
49.17.070 Right of entry—Inspections and investigations—Subpoenas—Contempt. (1) Subject to subsections
(2) through (5) of this section, the director, or his or her
authorized representative, in carrying out his or her duties
under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or on-site person in
charge of the worksite, is authorized:
(a) To enter without delay and at all reasonable times the
factory, plant, establishment, construction site, or other area,
workplace, or environment where work is performed by an
employee of an employer; and
(b) To inspect, survey, and investigate during regular
working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or
employee.
(2) In making inspections and making investigations
under this chapter the director may require the attendance and
testimony of witnesses and the production of evidence under
oath. Witnesses shall be paid the same fees and mileage that
are paid witnesses in the superior courts. In the case of contumacy, failure, or refusal of any person to obey such an
order, any superior court within the jurisdiction of which
such person is found, or resides, or transacts business, upon
the application of the director, shall have jurisdiction to issue
to such person an order requiring such person to appear to
produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be
punished by said court as a contempt thereof.
(3) Except as provided in subsection (4) of this section or
RCW 49.17.075, the director or his or her authorized representative shall obtain consent from the owner, manager, oper49.17.070
[Title 49 RCW—page 18]
ator, or his or her on-site person in charge of the worksite
when entering any worksite located on private property to
carry out his or her duties under this chapter. Solely for the
purpose of requesting the consent required by this section, the
director or his or her authorized representative shall, in a safe
manner, enter a worksite at an entry point designated by the
employer or, in the event no entry point has been designated,
at a reasonably recognizable entry point.
(4) This section does not prohibit the director or his or
her authorized representative from taking action consistent
with a recognized exception to the warrant requirements of
the federal and state Constitutions.
(5) This section does not require advance notice of an
inspection. [2006 c 31 § 2; 1973 c 80 § 7.]
Intent—2006 c 31: "The legislature intends that inspections performed
under the Washington industrial safety and health act ensure safe and healthful working conditions for every person working in the state of Washington.
Inspections must follow the mandates of Article II, section 35 of the state
Constitution, and equal or exceed the requirements prescribed by the occupational safety and health act of 1970 (Public Law 91-596, 84 Stat. 1590).
The legislature also intends that the inspections comply with the fourth and
fourteenth amendments to the United States Constitution and Article I, section 7 of the state Constitution." [2006 c 31 § 1.]
49.17.075 Search warrants. The director may apply to
a court of competent jurisdiction for a search warrant authorizing access to any factory, plant, establishment, construction site, or other area, workplace, or environment where
work is performed by an employee of an employer. The court
may upon such application issue a search warrant for the purpose requested. [2006 c 31 § 3.]
49.17.075
Intent—2006 c 31: See note following RCW 49.17.070.
49.17.080 Variance from safety and health standards—Application—Contents—Procedure. (1) Any
employer may apply to the director for a temporary order
granting a variance from any safety and health standard promulgated by rule or regulation under the authority of this
chapter. Such temporary order shall be granted only if the
employer files an application which meets the requirements
of subsection (2) of this section and establishes that the
employer is unable to comply with a safety or health standard
because of the unavailability of professional or technical personnel or of materials and equipment needed to come into
compliance with the safety and health standard or because
necessary construction or alteration of facilities cannot be
completed by the effective date of such safety and health
standard, that he is taking all available steps to safeguard his
employees against the hazards covered by the safety and
health standard, and he has an effective program for coming
into compliance with such safety and health standard as
quickly as practicable. Any temporary order issued under the
authority of this subsection shall prescribe the practices,
means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and
state in detail his program for coming into compliance with
the safety and health standard. Such a temporary order may
be granted only after notice to employees and an opportunity
for a hearing upon request of the employer or any affected
employee. The name of any affected employee requesting a
hearing under the provisions of this subsection shall be confidential and shall not be disclosed without the consent of such
49.17.080
(2008 Ed.)
Washington Industrial Safety and Health Act
employee. The director may issue one interim order to be
effective until a determination is made or a decision rendered
if a hearing is demanded. No temporary order may be in
effect for longer than the period needed by the employer to
achieve compliance with the standard, or one year, whichever
is shorter, except that such an order may be renewed not more
than twice, so long as the requirements of this subsection are
met and if an application for renewal is filed at least ninety
days prior to the expiration date of the order. No renewal of a
temporary order may remain in effect for longer than one
hundred eighty days.
(2) An application for a temporary order under this section shall contain:
(a) A specification of the safety and health standard or
portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having first hand knowledge of the facts represented, that he is unable to comply with
the safety and health standard or portion thereof and a
detailed statement of the reasons therefor;
(c) A statement of the steps the employer has taken and
will take, with specific dates, to protect employees against
the hazard covered by the standard;
(d) A statement as to when the employer expects to be
able to comply with the standard or portion thereof and what
steps he has taken and will take, with dates specified, to come
into compliance with the standard; and
(e) A certification that the employer, by the date of mailing or delivery of the application to the director, has informed
his employees of the application by providing a copy thereof
to his employees or their authorized representative by posting
a copy of such application in a place or places reasonably
accessible to all employees or by other appropriate means of
notification and by mailing a copy to the authorized representative of such employees; the application shall set forth the
manner in which the employees have been so informed. The
application shall also advise employees and their employee
representatives of their right to apply to the director to conduct a hearing upon the application for a variance. [1973 c 80
§ 8.]
49.17.090 Variance from safety and health standards—Notice—Hearing—Order—Modification or
revocation. Any employer may apply to the director for an
order for a variance from any rule or regulation establishing a
safety and health standard promulgated under this chapter.
Affected employees shall be given notice of each such application and in the manner prescribed by RCW 49.17.080 shall
be informed of their right to request a hearing on any such
application. The director shall issue such order granting a
variance, after opportunity for an inspection, if he determines
or decides after a hearing has been held, if request for hearing
has been made, that the applicant for the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes
used or proposed to be used by such applicant employer will
provide employment and places of employment to his
employees which are as safe and healthful as those which
would prevail if he complied with the safety and health standard or standards from which the variance is sought. The
order so issued shall prescribe the conditions the employer
49.17.090
(2008 Ed.)
49.17.110
must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the
extent they differ from the standard in question. At any time
after six months has elapsed from the date of the issuance of
the order granting a variance upon application of an
employer, employee, or the director on his own motion, after
notice has been given in the manner prescribed for the issuance of such order may modify or revoke the order granting
the variance from any standard promulgated under the
authority of this chapter. [1973 c 80 § 9.]
49.17.100
49.17.100 Inspection—Employer and employee representatives. A representative of the employer and an
employee representative authorized by the employees of such
employer shall be given an opportunity to accompany the
director, or his authorized representative, during the physical
inspection of any work place for the purpose of aiding such
inspection. Where there is no authorized employee representative, the director or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the work place. The director may
adopt procedural rules and regulations to implement the provisions of this section: PROVIDED, That neither this section, nor any other provision of this chapter, shall be construed to interfere with, impede, or in any way diminish the
right of employees to bargain collectively with their employers through representatives of their own choosing concerning
wages or standards or conditions of employment which equal
or exceed those established under the authority of this chapter. [1986 c 192 § 1; 1973 c 80 § 10.]
49.17.110
49.17.110 Compliance by employee—Violations—
Notice—Review. Each employee shall comply with the provisions of this chapter and all rules, regulations, and orders
issued pursuant to the authority of this chapter which are
applicable to his own actions and conduct in the course of his
employment. Any employee or representative of employees
who in good faith believes that a violation of a safety or
health standard, promulgated by rule under the authority of
this chapter exists that threatens physical harm to employees,
or that an imminent danger to such employees exists, may
request an inspection of the work place by giving notice to
the director or his authorized representative of such violation
or danger. Any such notice shall be reduced to writing, shall
set forth with reasonable particularity the grounds for the
notice, and shall be signed by the employee or representative
of employees. A copy of the notice shall be provided the
employer or his agent no later than at the time of inspection,
except that, upon the request of the person giving such notice,
his name and the names of individual employees referred to
therein shall not appear in such copy or on any record published, released, or made available pursuant to any provision
of this chapter. If upon receipt of such notification the director determines that there are reasonable grounds to believe
that such violation or danger exists, he shall make a special
inspection as soon as practicable, to determine if such violation or danger exists. If the director determines there are no
reasonable grounds to believe that a violation or danger
exists, he shall notify the employer and the employee or rep[Title 49 RCW—page 19]
49.17.120
Title 49 RCW: Labor Regulations
resentative of the employees in writing of such determination.
Prior to or during any inspection of a work place, any
employee or representative of employees employed in such
work place may notify the director or any representative of
the director responsible for conducting the inspection, in
writing, of any violation of this chapter which he has reason
to believe exists in such work place. The director shall, by
rule, establish procedures for informal review of any refusal
by a representative of the director to issue a citation with
respect to any such alleged violation, and shall furnish the
employee or representative of employees requesting such
review a written statement of the reasons for the director’s
final disposition of the case. [1973 c 80 § 11.]
49.17.120
49.17.120 Violations—Citations. (1) If upon inspection or investigation the director or his or her authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard
promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this chapter, the director shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and
shall describe with particularity the nature of the violation,
including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated.
In addition, the citation shall fix a reasonable time for the
abatement of the violation.
(2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis
violations which have no direct or immediate relationship to
safety or health.
(3) Each citation, or a copy or copies thereof, issued
under the authority of this section and RCW 49.17.130 shall
be prominently posted, at or near each place a violation
referred to in the citation occurred or as may otherwise be
prescribed in regulations issued by the director. The director
shall provide by rule for procedures to be followed by an
employee representative upon written application to receive
copies of citations and notices issued to any employer having
employees who are represented by such employee representative. Such rule may prescribe the form of such application,
the time for renewal of applications, and the eligibility of the
applicant to receive copies of citations and notices.
(4) No citation may be issued under this section or RCW
49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any
such violation.
(5)(a) No citation may be issued under this section if
there is unpreventable employee misconduct that led to the
violation, but the employer must show the existence of:
(i) A thorough safety program, including work rules,
training, and equipment designed to prevent the violation;
(ii) Adequate communication of these rules to employees;
(iii) Steps to discover and correct violations of its safety
rules; and
(iv) Effective enforcement of its safety program as written in practice and not just in theory.
[Title 49 RCW—page 20]
(b) This subsection (5) does not eliminate or modify any
other defenses that may exist to a citation. [1999 c 93 § 1;
1973 c 80 § 12.]
49.17.130 Violations—Dangerous conditions—Citations and orders of immediate restraint—Restraints—
Restraining orders. (1) If upon inspection or investigation,
the director, or his authorized representative, believes that an
employer has violated a requirement of RCW 49.17.060, or
any safety or health standard promulgated by rules of the
department, or any conditions of an order granting a variance,
which violation is such that a danger exists from which there
is a substantial probability that death or serious physical harm
could result to any employee, the director or his authorized
representative shall issue a citation and may issue an order
immediately restraining any such condition, practice,
method, process, or means in the work place. Any order
issued under this section may require such steps to be taken
as may be necessary to avoid, correct, or remove such danger
and prohibit the employment or presence of any individual in
locations or under conditions where such danger exists,
except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a
continuous process operation in order that the resumption of
normal operations may be had without a complete cessation
of operations, or where a cessation of operations is necessary,
to permit such to be accomplished in a safe and orderly manner. In addition, if any machine or equipment, or any part
thereof, is in violation of a requirement of RCW 49.17.060 or
any safety or health standard promulgated by rules of the
department, and the operation of such machine or equipment
gives rise to a substantial probability that death or serious
physical harm could result to any employee, and an order of
immediate restraint of the use of such machine or equipment
has been issued under this subsection, the use of such
machine or equipment is prohibited, and a notice to that
effect shall be attached thereto by the director or his authorized representative.
(2) Whenever the director, or his authorized representative, concludes that a condition of employment described in
subsection (1) of this section exists in any work place, he
shall promptly inform the affected employees and employers
of the danger.
(3) At any time that a citation or a citation and order
restraining any condition of employment or practice
described in subsection (1) of this section is issued by the
director, or his authorized representative, he may in addition
request the attorney general to make an application to the
superior court of the county wherein such condition of
employment or practice exists for a temporary restraining
order or such other relief as appears to be appropriate under
the circumstances. [1973 c 80 § 13.]
49.17.130
49.17.140
49.17.140 Appeal to board—Citation or notification
of assessment of penalty—Final order—Procedure—
Redetermination—Hearing. (1) If after an inspection or
investigation the director or the director’s authorized representative issues a citation under the authority of RCW
49.17.120 or 49.17.130, the department, within a reasonable
time after the termination of such inspection or investigation,
(2008 Ed.)
Washington Industrial Safety and Health Act
shall notify the employer by certified mail of the penalty to be
assessed under the authority of RCW 49.17.180 and shall
state that the employer has fifteen working days within which
to notify the director that the employer wishes to appeal the
citation or assessment of penalty. If, within fifteen working
days from the communication of the notice issued by the
director the employer fails to notify the director that the
employer intends to appeal the citation or assessment penalty,
and no notice is filed by any employee or representative of
employees under subsection (3) of this section within such
time, the citation and the assessment shall be deemed a final
order of the department and not subject to review by any
court or agency.
(2) If the director has reason to believe that an employer
has failed to correct a violation for which a citation has been
issued within the period permitted in the citation for its correction, which period shall not begin to run until the entry of
a final order in the case of any appeal proceedings under this
section initiated by the employer in good faith and not solely
for delay or avoidance of penalties, the director shall notify
the employer by certified mail of such failure to correct the
violation and of the penalty to be assessed under RCW
49.17.180 by reason of such failure, and shall state that the
employer has fifteen working days from the communication
of such notification and assessment of penalty to notify the
director that the employer wishes to appeal the director’s
notification of the assessment of penalty. If, within fifteen
working days from the receipt of notification issued by the
director the employer fails to notify the director that the
employer intends to appeal the notification of assessment of
penalty, the notification and assessment of penalty shall be
deemed a final order of the department and not subject to
review by any court or agency.
(3) If any employer notifies the director that the
employer intends to appeal the citation issued under either
RCW 49.17.120 or 49.17.130 or notification of the assessment of a penalty issued under subsections (1) or (2) of this
section, or if, within fifteen working days from the issuance
of a citation under either RCW 49.17.120 or 49.17.130 any
employee or representative of employees files a notice with
the director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the
director may reassume jurisdiction over the entire matter, or
any portion thereof upon which notice of intention to appeal
has been filed with the director pursuant to this subsection. If
the director reassumes jurisdiction of all or any portion of the
matter upon which notice of appeal has been filed with the
director, any redetermination shall be completed and corrective notices of assessment of penalty, citations, or revised
periods of abatement completed within a period of thirty
working days. The thirty-working-day redetermination
period may be extended up to fifteen additional working days
upon agreement of all parties to the appeal. The redetermination shall then become final subject to direct appeal to the
board of industrial insurance appeals within fifteen working
days of such redetermination with service of notice of appeal
upon the director. In the event that the director does not reassume jurisdiction as provided in this subsection, the director
shall promptly notify the state board of industrial insurance
appeals of all notifications of intention to appeal any such
citations, any such notices of assessment of penalty and any
(2008 Ed.)
49.17.150
employee or representative of employees notice of intention
to appeal the period of time fixed for abatement of a violation
and in addition certify a full copy of the record in such appeal
matters to the board. The director shall adopt rules of procedure for the reassumption of jurisdiction under this subsection affording employers, employees, and employee representatives notice of the reassumption of jurisdiction by the
director, and an opportunity to object or support the reassumption of jurisdiction, either in writing or orally at an
informal conference to be held prior to the expiration of the
redetermination period. A notice of appeal filed under this
section shall stay the effectiveness of any citation or notice of
the assessment of a penalty pending review by the board of
industrial insurance appeals, but such appeal shall not stay
the effectiveness of any order of immediate restraint issued
by the director under the authority of RCW 49.17.130. The
board of industrial insurance appeals shall afford an opportunity for a hearing in the case of each such appellant and the
department shall be represented in such hearing by the attorney general and the board shall in addition provide affected
employees or authorized representatives of affected employees an opportunity to participate as parties to hearings under
this subsection. The board shall thereafter make disposition
of the issues in accordance with procedures relative to contested cases appealed to the state board of industrial insurance appeals.
Upon application by an employer showing that a good
faith effort to comply with the abatement requirements of a
citation has been made and that the abatement has not been
completed because of factors beyond the employer’s control,
the director after affording an opportunity for a hearing shall
issue an order affirming or modifying the abatement requirements in such citation. [1994 c 61 § 1; 1986 c 20 § 1; 1973 c
80 § 14.]
49.17.150 Appeal to superior court—Review or
enforcement of orders. (1) Any person aggrieved by an
order of the board of industrial insurance appeals issued
under RCW 49.17.140(3) may obtain a review of such order
in the superior court for the county in which the violation is
alleged to have occurred, by filing in such court within thirty
days following the communication of the board’s order or
denial of any petition or petitions for review, a written notice
of appeal praying that the order be modified or set aside. Such
appeal shall be perfected by filing with the clerk of the court
and by serving a copy thereof by mail, or personally, on the
director and on the board. The board shall thereupon transmit
a copy of the notice of appeal to all parties who participated
in proceedings before the board, and shall file in the court the
complete record of the proceedings. Upon such filing the
court shall have jurisdiction of the proceeding and of the
question determined therein, and shall have power to grant
such temporary relief or restraining order as it deems just and
proper, and to make and enter upon the pleadings and the
record of proceedings a decree affirming, modifying, or setting aside in all or in part, the decision of the board of industrial insurance appeals and enforcing the same to the extent
that such order is affirmed or modified. The commencement
of appellate proceedings under this subsection shall not,
unless ordered by the court, operate as a stay of the order of
the board of industrial insurance appeals. No objection that
49.17.150
[Title 49 RCW—page 21]
49.17.160
Title 49 RCW: Labor Regulations
has not been urged before the board shall be considered by
the court, unless the failure or neglect to urge such objection
shall be excused because of extraordinary circumstances. The
findings of the board or hearing examiner where the board
has denied a petition or petitions for review with respect to
questions of fact, if supported by substantial evidence on the
record considered as a whole, shall be conclusive. If any
party shall apply to the court for leave to adduce additional
evidence and shall show to the satisfaction of the court that
such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the
hearing before the board, the court may order such additional
evidence to be taken before the board and to be made a part
of the record. The board may modify its findings as to the
facts, or make new findings, by reason of additional evidence
so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact are supported by substantial evidence on the record considered as a
whole, shall be conclusive, and its recommendations, if any,
for the modification or setting aside of its original order.
Upon the filing of the record with it, the jurisdiction of the
court shall be exclusive and the judgment and decree shall be
final, except as the same shall be subject to review by the
supreme court. Appeals filed under this subsection shall be
heard expeditiously.
(2) The director may also obtain review or enforcement
of any final order of the board by filing a petition for such
relief in the superior court for the county in which the alleged
violation occurred. The provisions of subsection (1) of this
section shall govern such proceeding to the extent applicable.
If a notice of appeal, as provided in subsection (1) of this section, is not filed within thirty days after service of the board’s
order, the board’s findings of fact, decision, and order or the
examiner’s findings of fact, decision, and order when a petition or petitions for review have been denied shall be conclusive in connection with any petition for enforcement which is
filed by the director after the expiration of such thirty day
period. In any such case, as well as in the case of an unappealed citation or a notification of the assessment of a penalty
by the director, which has become a final order under subsection (1) or (2) of RCW 49.17.140 upon application of the
director, the clerk of the court, unless otherwise ordered by
the court, shall forthwith enter a decree enforcing the citation
and notice of assessment of penalty and shall transmit a copy
of such decree to the director and the employer named in the
director’s petition. In any contempt proceeding brought to
enforce a decree of the superior court entered pursuant to this
subsection or subsection (1) of this section the superior court
may assess the penalties provided in RCW 49.17.180, in
addition to invoking any other available remedies. [1982 c
109 § 1; 1973 c 80 § 15.]
49.17.160 Discrimination against employee filing
complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy. (1) No person shall discharge
or in any manner discriminate against any employee because
such employee has filed any complaint or instituted or caused
to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of
himself or others of any right afforded by this chapter.
49.17.160
[Title 49 RCW—page 22]
(2) Any employee who believes that he has been discharged or otherwise discriminated against by any person in
violation of this section may, within thirty days after such
violation occurs, file a complaint with the director alleging
such discrimination. Upon receipt of such complaint, the
director shall cause such investigation to be made as he
deems appropriate. If upon such investigation, the director
determines that the provisions of this section have been violated, he shall bring an action in the superior court of the
county wherein the violation is alleged to have occurred
against the person or persons who is alleged to have violated
the provisions of this section. If the director determines that
the provisions of this section have not been violated, the
employee may institute the action on his own behalf within
thirty days of such determination. In any such action the
superior court shall have jurisdiction, for cause shown, to
restrain violations of subsection (1) of this section and order
all appropriate relief including rehiring or reinstatement of
the employee to his former position with back pay.
(3) Within ninety days of the receipt of the complaint
filed under this section, the director shall notify the complainant of his determination under subsection (2) of this section.
[1973 c 80 § 16.]
49.17.170 Injunctions—Temporary restraining
orders. (1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW
49.17.130 the superior courts of the state of Washington shall
have jurisdiction upon petition of the director, through the
attorney general, to enjoin any condition or practice in any
work place from which there is a substantial probability that
death or serious physical harm could result to any employee
immediately or before the imminence of such danger can be
eliminated through the enforcement procedures otherwise
provided by this chapter. Any order issued under this section
may require such steps to be taken as may be necessary to
avoid, correct, or remove such danger and prohibit the
employment or presence of any individual in locations or
under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove
such danger or to maintain the capacity of a continuous process operation to resume normal operation without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe
and orderly manner.
(2) Upon the filing of any such petition the superior
courts of the state of Washington shall have jurisdiction to
grant such injunctive relief or temporary restraining order
pending the outcome of enforcement proceedings pursuant to
this chapter, except that no temporary restraining order issued
without notice shall be effective for a period longer than five
working days.
(3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice
described in subsection (1) exists in any work place, he shall
inform the affected employees and employers of the danger
and may recommend to the director that relief be sought
under this section.
(4) If the director arbitrarily or capriciously fails to
invoke his restraining authority under RCW 49.17.130 or
fails to seek relief under this section, any employee who may
49.17.170
(2008 Ed.)
Washington Industrial Safety and Health Act
be injured by reason of such failure, or the representative of
such employees, may bring an action against the director in
the superior court for the county in which the danger is
alleged to exist for a writ of mandamus to compel the director
to seek such an order and for such further relief as may be
appropriate or seek the director to exercise his restraining
authority under RCW 49.17.130. [1973 c 80 § 17.]
49.17.180
49.17.180 Violations—Civil penalties. (1) Except as
provided in RCW 43.05.090, any employer who willfully or
repeatedly violates the requirements of RCW 49.17.060, of
any safety or health standard promulgated under the authority
of this chapter, of any existing rule or regulation governing
the conditions of employment promulgated by the department, or of any order issued granting a variance under RCW
49.17.080 or 49.17.090 may be assessed a civil penalty not to
exceed seventy thousand dollars for each violation. A minimum penalty of five thousand dollars shall be assessed for a
willful violation.
(2) Any employer who has received a citation for a serious violation of the requirements of RCW 49.17.060, of any
safety or health standard promulgated under the authority of
this chapter, of any existing rule or regulation governing the
conditions of employment promulgated by the department, or
of any order issued granting a variance under RCW
49.17.080 or 49.17.090 as determined in accordance with
subsection (6) of this section, shall be assessed a civil penalty
not to exceed seven thousand dollars for each such violation.
(3) Any employer who has received a citation for a violation of the requirements of RCW 49.17.060, of any safety
or health standard promulgated under this chapter, of any
existing rule or regulation governing the conditions of
employment promulgated by the department, or of any order
issued granting a variance under RCW 49.17.080 or
49.17.090, where such violation is specifically determined
not to be of a serious nature as provided in subsection (6) of
this section, may be assessed a civil penalty not to exceed
seven thousand dollars for each such violation, unless such
violation is determined to be de minimis.
(4) Any employer who fails to correct a violation for
which a citation has been issued under RCW 49.17.120 or
49.17.130 within the period permitted for its correction,
which period shall not begin to run until the date of the final
order of the board of industrial insurance appeals in the case
of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance
of penalties, may be assessed a civil penalty of not more than
seven thousand dollars for each day during which such failure or violation continues.
(5) Any employer who violates any of the posting
requirements of this chapter, or any of the posting requirements of rules promulgated by the department pursuant to
this chapter related to employee or employee representative’s
rights to notice, including but not limited to those employee
rights to notice set forth in RCW 49.17.080, 49.17.090,
49.17.120, 49.17.130, 49.17.220(1) and 49.17.240(2), shall
be assessed a penalty not to exceed seven thousand dollars for
each such violation. Any employer who violates any of the
posting requirements for the posting of informational, educational, or training materials under the authority of RCW
(2008 Ed.)
49.17.190
49.17.050(7), may be assessed a penalty not to exceed seven
thousand dollars for each such violation.
(6) For the purposes of this section, a serious violation
shall be deemed to exist in a work place if there is a substantial probability that death or serious physical harm could
result from a condition which exists, or from one or more
practices, means, methods, operations, or processes which
have been adopted or are in use in such work place, unless the
employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(7) The director, or his authorized representatives, shall
have authority to assess all civil penalties provided in this
section, giving due consideration to the appropriateness of
the penalty with respect to the number of affected employees
of the employer being charged, the gravity of the violation,
the size of the employer’s business, the good faith of the
employer, and the history of previous violations.
(8) Civil penalties imposed under this chapter shall be
paid to the director for deposit in the supplemental pension
fund established by RCW 51.44.033. Civil penalties may be
recovered in a civil action in the name of the department
brought in the superior court of the county where the violation is alleged to have occurred, or the department may utilize
the procedures for collection of civil penalties as set forth in
RCW 51.48.120 through 51.48.150. [1995 c 403 § 629; 1991
c 108 § 1; 1986 c 20 § 2; 1973 c 80 § 18.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
49.17.190 Violations—Criminal penalties. (1) Any
person who gives advance notice of any inspection to be conducted under the authority of this chapter, without the consent of the director or his authorized representative, shall,
upon conviction be guilty of a gross misdemeanor and be
punished by a fine of not more than one thousand dollars or
by imprisonment for not more than six months, or by both.
(2) Whoever knowingly makes any false statement, representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained
pursuant to this chapter shall, upon conviction be guilty of a
gross misdemeanor and be punished by a fine of not more
than ten thousand dollars, or by imprisonment for not more
than six months or by both.
(3) Any employer who wilfully and knowingly violates
the requirements of RCW 49.17.060, any safety or health
standard promulgated under this chapter, any existing rule or
regulation governing the safety or health conditions of
employment and adopted by the director, or any order issued
granting a variance under RCW 49.17.080 or 49.17.090 and
that violation caused death to any employee shall, upon conviction be guilty of a gross misdemeanor and be punished by
a fine of not more than one hundred thousand dollars or by
imprisonment for not more than six months or by both;
except, that if the conviction is for a violation committed
after a first conviction of such person, punishment shall be a
fine of not more than two hundred thousand dollars or by
imprisonment for not more than one year, or by both.
(4) Any employer who has been issued an order immediately restraining a condition, practice, method, process, or
49.17.190
[Title 49 RCW—page 23]
49.17.200
Title 49 RCW: Labor Regulations
means in the work place, pursuant to RCW 49.17.130 or
49.17.170, and who nevertheless continues such condition,
practice, method, process, or means, or who continues to use
a machine or equipment or part thereof to which a notice prohibiting such use has been attached, shall be guilty of a gross
misdemeanor, and upon conviction shall be punished by a
fine of not more than ten thousand dollars or by imprisonment for not more than six months, or by both.
(5) Any employer who shall knowingly remove, displace, damage, or destroy, or cause to be removed, displaced,
damaged, or destroyed any safety device or safeguard
required to be present and maintained by any safety or health
standard, rule, or order promulgated pursuant to this chapter,
or pursuant to the authority vested in the director under RCW
43.22.050 shall, upon conviction, be guilty of a misdemeanor
and be punished by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or by
both.
(6) Whenever the director has reasonable cause to
believe that any provision of this section defining a crime has
been violated by an employer, the director shall cause a
record of such alleged violation to be prepared, a copy of
which shall be referred to the prosecuting attorney of the
county wherein such alleged violation occurred, and the prosecuting attorney of such county shall in writing advise the
director of the disposition he shall make of the alleged violation. [1986 c 20 § 3; 1973 c 80 § 19.]
49.17.200 Confidentiality—Trade secrets. All information reported to or otherwise obtained by the director, or
his authorized representative, in connection with any inspection or proceeding under the authority of this chapter, which
contains or which might reveal a trade secret shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter, or when relevant in any proceeding
under this chapter. In any such proceeding the director, the
board of industrial insurance appeals, or the court shall issue
such orders as may be appropriate to protect the confidentiality of trade secrets. [1973 c 80 § 20.]
49.17.200
Uniform trade secrets act: Chapter 19.108 RCW.
49.17.210 Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances. The director is authorized to conduct,
either directly or by grant or contract, research, experiments,
and demonstrations as may be of aid and assistance in the furtherance of the objects and purposes of this chapter.
Employer identity, employee identity, and personal identifiers of voluntary participants in research, experiments, and
demonstrations shall be deemed confidential and shall not be
open to public inspection. Information obtained from such
voluntary activities shall not be deemed to be medical information for the purpose of RCW 51.36.060 and shall be
deemed confidential and shall not be open to public inspection. The director, in his or her discretion, is authorized to
grant a variance from any rule or regulation or portion
thereof, whenever he or she determines that such variance is
necessary to permit an employer to participate in an experiment approved by the director, and the experiment is
49.17.210
[Title 49 RCW—page 24]
designed to demonstrate or validate new and improved techniques to safeguard the health or safety of employees. Any
such variance shall require that all due regard be given to the
health and safety of all employees participating in any experiment. [1991 c 89 § 1; 1973 c 80 § 21.]
49.17.220 Records—Reports—Notice to employee
exposed to harmful materials. (1) Each employer shall
make, keep, and preserve, and make available to the director
such records regarding his activities relating to this chapter as
the director may prescribe by regulation as necessary or
appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of
occupational accidents and illnesses. In order to carry out the
provisions of this section such regulations may include provisions requiring employers to conduct periodic inspections.
The director shall also issue regulations requiring that
employers, through posting of notices or other appropriate
means, keep their employees informed of their protections
and obligations under this chapter, including the provisions
of applicable safety and health standards.
(2) The director shall prescribe regulations requiring
employers to maintain accurate records, and to make periodic
reports of work-related deaths, and of injuries and illnesses
other than minor injuries requiring only first aid treatment
and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to
another job.
(3) The director shall issue regulations requiring
employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents
which are required to be monitored or measured. Such regulations shall provide employees or their representatives with
an opportunity to observe such monitoring or measuring, and
to have access to the records thereof. Such regulations shall
also make appropriate provisions for each employee or
former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical
agents. Each employer shall promptly notify any employee
who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which
exceed those prescribed by any applicable safety and health
standard promulgated under this chapter and shall inform any
employee who is being thus exposed of the corrective action
being taken. [1973 c 80 § 22.]
49.17.220
49.17.230 Compliance with federal act—Agreements
and acceptance of grants authorized. The director is
authorized to adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under section
18 of the Occupational Safety and Health Act of 1970 (Public
Law 91-596, 84 Stat. 1590) to enable this state to assume the
responsibility for the development and enforcement of occupational safety and health standards in all work places within
this state subject to the legislative jurisdiction of the state of
Washington. The director is authorized to enter into agreement with the United States and to accept on behalf of the
state of Washington grants of funds to implement the development and enforcement of this chapter and the Occupational
Safety and Health Act of 1970. [1973 c 80 § 23.]
49.17.230
(2008 Ed.)
Washington Industrial Safety and Health Act
49.17.240 Safety and health standards. (1) The director in the promulgation of rules under the authority of this
chapter shall establish safety and health standards for conditions of employment of general and/or specific applicability
for all industries, businesses, occupations, crafts, trades, and
employments subject to the provisions of this chapter, or
those that are a national or accepted federal standard. In
adopting safety and health standards for conditions of
employment, the director shall solicit and give due regard to
all recommendations by any employer, employee, or labor
representative of employees.
(2) Any safety and health standard adopted by rule of the
director shall, where appropriate, prescribe the use of labels
or other forms of warning to insure that employees are
apprised of all hazards to which they may be exposed, relevant symptoms, and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure.
Where appropriate, such rules shall so prescribe suitable protective equipment and control or technological procedures to
be used in connection with such hazards and shall provide for
monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be reasonably
necessary for the protection of employees. In addition, where
appropriate, any such rule shall prescribe the type and frequency of medical examinations or other tests which shall be
made available, by the employer or at his cost, to employees
exposed to such hazards in order to most effectively determine whether the health of such employees is adversely
affected by such exposure. In the event that such medical
examinations are in the nature of research, as determined by
the director, such examinations may be furnished at the
expense of the department. The results of such examinations
or tests shall be furnished only to the director, other appropriate agencies of government, and at the request of the
employee to his physician.
(3) Whenever the director adopts by rule any safety and
health standard he may at the same time provide by rule the
effective date of such standard which shall not be less than
thirty days, excepting emergency rules, but may be made
effective at such time in excess of thirty days from the date of
adoption as specified in any rule adopting a safety and health
standard. Any rule not made effective thirty days after adoption, having a delayed effectiveness in excess of thirty days,
may only be made upon a finding made by the director that
such delayed effectiveness of the rule is reasonably necessary
to afford the affected employers a reasonable opportunity to
make changes in methods, means, or practices to meet the
requirements of the adopted rule. Temporary orders granting
a variance may be utilized by the director in lieu of the
delayed effectiveness in the adoption of any rule. [1973 c 80
§ 24.]
49.17.240
49.17.250 Voluntary compliance program—Consultation and advisory services. (1) In carrying out the responsibilities for the development of a voluntary compliance program under the authority of RCW 49.17.050(8) and the rendering of advisory and consultative services to employers, the
director may grant an employer’s application for advice and
consultation, and for the purpose of affording such consultation and advice visit the employer’s work place. Such consultation and advice shall be limited to the matters specified in
49.17.250
(2008 Ed.)
49.17.250
the request affecting the interpretation and applicability of
safety and health standards to the conditions, structures,
machines, equipment, apparatus, devices, materials, methods, means, and practices in the employer’s work place. The
director in granting any requests for consultative or advisory
service may provide for an alternative means of affording
consultation and advice other than on-site consultation.
(2) The director, or an authorized representative, will
make recommendations regarding the elimination of any hazards disclosed within the scope of the on-site consultation.
No visit to an employer’s work place shall be regarded as an
inspection or investigation under the authority of this chapter,
and no notices or citations shall be issued, nor, shall any civil
penalties be assessed upon such visit, nor shall any authorized representative of the director designated to render
advice and consult with employers under the voluntary compliance program have any enforcement authority: PROVIDED, That in the event an on-site visit discloses a serious
violation of a health and safety standard as defined in RCW
49.17.180(6), and the hazard of such violation is either not
abated by the cooperative action of the employer, or, is not
subject to being satisfactorily abated by the cooperative
action of the employer, the director shall either invoke the
administrative restraining authority provided in RCW
49.17.130 or seek the issuance of injunctive process under
the authority of RCW 49.17.170 or invoke both such remedies.
(3) Nothing in this section shall be construed as providing immunity to any employer who has made application for
consultative services during the pendency of the granting of
such application from inspections or investigations conducted under RCW 49.17.070 or any inspection conducted as
a result of a complaint, nor immunity from inspections under
RCW 49.17.070 or inspections resulting from a complaint
subsequent to the conclusion of the consultative period. This
section shall not be construed as requiring an inspection
under RCW 49.17.070 of any work place which has been visited for consultative purposes. However, in the event of a
subsequent inspection, the director, or an authorized representative, may in his or her discretion take into consideration
any information obtained during the consultation visit of that
work place in determining the nature of an alleged violation
and the amount of penalties to be assessed, if any. Such rules
and regulations to be promulgated pursuant to this section
shall provide that in all instances of serious violations as
defined in RCW 49.17.180(6) which are disclosed in any
consultative period, shall be corrected within a specified
period of time at the expiration of which an inspection will be
conducted under the authority of RCW 49.17.070. All
employers requesting consultative services shall be advised
of the provisions of this section and the rules adopted by the
director relating to the voluntary compliance program. Information obtained by the department as a result of employerrequested consultation and training services shall be deemed
confidential and shall not be open to public inspection.
Within thirty days of receipt, the employer shall make voluntary services reports available to employees or their collective bargaining representatives for review. Employers may
satisfy the availability requirement by requesting a copy of
the reports from the department. The director may provide by
rule for the frequency, manner, and method of the rendering
[Title 49 RCW—page 25]
49.17.260
Title 49 RCW: Labor Regulations
of consultative services to employers, and for the scheduling
and priorities in granting applications consistent with the
availability of personnel, and in such a manner as not to jeopardize the enforcement requirements of this chapter. [1991 c
89 § 2; 1973 c 80 § 25.]
49.17.260
49.17.260 Statistics—Investigations—Reports. In
furtherance of the objects and purposes of this chapter, the
director shall develop and maintain an effective program of
collection, compilation, and analysis of industrial safety and
health statistics. The director, or his authorized representative, shall investigate and analyze industrial catastrophes,
serious injuries, and fatalities occurring in any work place
subject to this chapter, in an effort to ascertain whether such
injury or fatality occurred as the result of a violation of this
chapter, or any safety and health standard, rule, or order promulgated pursuant to this chapter, or if not, whether a safety
and health standard or rule should be promulgated for application to such circumstances. The director shall adopt rules
relating to the conducting and reporting of such investigations. Such investigative report shall be deemed confidential
and only available upon order of the superior court after
notice to the director and an opportunity for hearing: PROVIDED, That such investigative reports shall be made available without the necessity of obtaining a court order, to
employees of governmental agencies in the performance of
their official duties, to the injured workman or his legal representative or his labor organization representative, or to the
legal representative or labor organization representative of a
deceased workman who was the subject of an investigation,
or to the employer of the injured or deceased workman or any
other employer or person whose actions or business operation
is the subject of the report of investigation, or any attorney
representing a party in any pending legal action in which an
investigative report constitutes relevant and material evidence in such legal action. [1973 c 80 § 26.]
49.17.270
49.17.270 Administration of chapter. The department
shall be the sole and paramount administrative agency
responsible for the administration of the provisions of this
chapter, and any other agency of the state or any municipal
corporation or political subdivision of the state having
administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety
and health standards related to the health and safety of
employees in any work place subject to this chapter, shall be
required, notwithstanding any statute to the contrary, to exercise such authority as provided in this chapter and subject to
interagency agreement or agreements with the department
made under the authority of the interlocal cooperation act
(chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter: PROVIDED, That
in relation to employers using or possessing sources of ionizing radiation the department of labor and industries and the
department of social and health services shall agree upon
mutual policies, rules, and regulations compatible with policies, rules, and regulations adopted pursuant to chapter 70.98
RCW insofar as such policies, rules, and regulations are not
inconsistent with the provisions of this chapter. [1973 c 80 §
27.]
[Title 49 RCW—page 26]
49.17.280 Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and
enforcement with department of agriculture. (1) As used
in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides
adopted by the United States environmental protection
agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose
requirements that make compliance with the federal worker
protection standard impossible.
(b) The department shall adopt by rule safety and health
standards that are at least as effective as the federal standard.
Standards adopted by the department under this section shall
be adopted in coordination with the department of agriculture.
(3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the
federal standard, is investigated by the department and by the
department of agriculture, the agencies shall conduct a joint
investigation if feasible, and shall share relevant information.
However, an investigation conducted by the department
under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the
department for this purpose. The agencies shall not issue
duplicate citations to an individual or business for the same
violation of the federal standard or state rules regulating
activities governed by the federal standard. By December 1,
1996, the department and the department of agriculture shall
jointly establish a formal agreement that: Identifies the roles
of each of the two agencies in conducting investigations of
activities governed by the federal standard; and provides for
protection of workers and enforcement of standards that is at
least as effective as provided to all workers under this chapter. The department’s role under the agreement shall not
extend beyond protection of safety and health in the workplace as provided under this chapter. [1996 c 260 § 2.]
49.17.280
Finding—Intent—1996 c 260: "The legislature finds that the state’s
highly productive and efficient agriculture sector is composed predominately
of family owned and managed farms and an industrious and efficient workforce. It is the intent of the legislature that the department of agriculture and
the department of labor and industries coordinate adoption, implementation,
and enforcement of a common set of worker protection standards related to
pesticides in order to avoid inconsistency and conflict in the application of
those rules. It is also the intent of the legislature that the department of agriculture and the department of labor and industries coordinate investigations
with the department of health as well. Further, coordination of enforcement
procedures under chapter 260, Laws of 1996 shall not reduce the effectiveness of the enforcement provisions of the Washington industrial safety and
health act of 1973 or the Washington pesticide application act. Finally, when
the department of agriculture or the department of labor and industries anticipates regulatory changes to standards regarding pesticide application and
handling, they shall involve the affected parties in the rule-making process
and solicit relevant information. The department of agriculture and the
department of labor and industries shall identify differences in their respective jurisdictions and penalty structures and publish those differences."
[1996 c 260 § 1.]
Severability—1996 c 260: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 260 § 6.]
Department of agriculture authority: RCW 17.21.440.
49.17.285 Medical monitoring—Records on covered
pesticides—Reports. Employers whose employees receive
49.17.285
(2008 Ed.)
Washington Industrial Safety and Health Act
medical monitoring under chapter 296-307 WAC, Part J-1,
shall submit records to the department of labor and industries
each month indicating the name of each worker tested, the
number of hours that each worker handled covered pesticides
during the thirty days prior to testing, and the number of
hours that each worker handled covered pesticides during the
current calendar year. The department of labor and industries
shall work with the department of health to correlate this data
with each employee’s test results. No later than January 1,
2005, the department of labor and industries shall require
employers to report this data to the physician or other
licensed health care professional and department of health
public health laboratory or other approved laboratory when
each employee’s cholinesterase test is taken. The department
shall also require employers to provide each employee who
receives medical monitoring with: (1) A copy of the data that
the employer reports for that employee upon that employee’s
request; and (2) access to the records on which the
employer’s report is based. [2004 c 272 § 1.]
Effective date—2004 c 272: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2004]." [2004 c 272 § 4.]
49.17.288 Cholinesterase monitoring—Reports. By
January 1, 2005, January 1, 2006, and January 1, 2007, the
department of labor and industries shall report the results of
its data collection, correlation, and analysis related to cholinesterase monitoring to the house of representatives committees on agriculture and natural resources and commerce
and labor, or their successor committees, and the senate committees on agriculture and commerce and trade, or their successor committees. These reports shall also identify any
technical issues regarding the testing of cholinesterase levels
or the administration of cholinesterase monitoring. [2004 c
272 § 2.]
49.17.288
Effective date—2004 c 272: See note following RCW 49.17.285.
49.17.300 Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules. By
December 1, 1998, the department of labor and industries
shall adopt rules requiring electricity in all temporary worker
housing and establishing minimum requirements to ensure
the safe storage, handling, and preparation of food in these
camps, regardless of whether individual or common cooking
facilities are in use. [1998 c 37 § 3.]
49.17.300
49.17.310 Temporary worker housing—Licensing,
operation, and inspection—Rules—Definition. The
department and the department of health shall adopt joint
rules for the licensing, operation, and inspection of temporary
worker housing, and the enforcement thereof. For the purposes of this section "temporary worker housing" has the
same meaning as given in RCW 70.114A.020. [1999 c 374 §
2.]
49.17.310
49.17.320 Temporary worker housing operation
standards—Departments’ agreement—Enforcement—
Definition. By December 1, 1999, the department and the
department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with
49.17.320
(2008 Ed.)
49.17.350
respect to the enforcement of temporary worker housing
operation standards.
The agreement shall, to the extent feasible, provide for
inspection and enforcement actions by a single agency, and
shall include measures to avoid multiple citations for the
same violation.
For the purposes of this section, "temporary worker
housing" has the same meaning as provided in RCW
70.114A.020. [1999 c 374 § 4.]
49.17.350 Flaggers. (1) The director of the department
of labor and industries shall adopt permanent rules that take
effect no later than March 1, 2001, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall
adopt permanent rules that take effect no later than March 1,
2001, revising any safety standards and employment qualifications governing flaggers.
(4) The permanent rules adopted pursuant to this section
shall be designed to improve options available to ensure the
safety of flaggers, ensure that flaggers have adequate visual
warning of objects approaching from behind them, and, with
respect to the utilities and transportation commission rules,
update employment qualifications for flaggers.
(5) In developing permanent rules adopted pursuant to
this section, state agencies and commissions shall consult
with other persons with an interest in improving safety standards and updating employment qualifications for flaggers.
State agencies and commissions shall coordinate and make
consistent, to the extent possible, permanent rules. State
agencies and commissions shall report, by April 22, 2001, to
the senate labor and workforce development committee and
the house of representatives commerce and labor committee
on the permanent rules adopted pursuant to this section.
[2000 c 239 § 2.]
49.17.350
Emergency rules: "(1) The director of the department of labor and
industries shall adopt emergency rules that take effect no later than June 1,
2000, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt emergency rules that
take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall adopt emergency
rules that take effect no later than June 1, 2000, revising any safety standards
governing flaggers.
(4) Notwithstanding RCW 34.05.350, the emergency rules adopted
pursuant to this section shall remain in effect or be adopted in sequence until
March 1, 2001, or the effective date of the permanent rules adopted pursuant
to RCW 49.17.350, whichever is earlier.
(5) The emergency rules adopted pursuant to this section shall be
designed to improve options available to ensure the safety of flaggers, and
ensure that flaggers have adequate visual warning of objects approaching
from behind them.
(6) In developing emergency rules adopted pursuant to this section,
state agencies and commissions shall consult with other persons with an
interest in improving safety standards for flaggers. State agencies and commissions shall report, by September 15, 2000, to the senate labor and workforce development committee and the house of representatives commerce
and labor committee on the emergency rules adopted pursuant to this section." [2000 c 239 § 1.]
Effective date—2000 c 239 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 31, 2000]." [2000 c 239 § 9.]
[Title 49 RCW—page 27]
49.17.360
Title 49 RCW: Labor Regulations
Short title—2000 c 239 §§ 1 and 2: "Sections 1 and 2 of this act may
be known and cited as the "Kim Vendl Worker Safety Act."" [2000 c 239 §
10.]
Captions not law—2000 c 239: "Captions used in this act are not any
part of the law." [2000 c 239 § 11.]
49.17.360 Ergonomics Initiative—Intent. Washington must aid businesses in creating new jobs. Governor
Locke’s competitiveness council has identified repealing the
state ergonomics regulations as a top priority for improving
the business climate and creating jobs in Washington state. A
broad coalition of democrats and republicans have introduced
bills repeatedly to bring legislative oversight to this issue.
This measure will repeal an expensive, unproven rule. This
measure will aid in creating jobs and employing the people of
Washington. [2004 c 1 § 1 (Initiative Measure No. 841,
approved November 4, 2003).]
49.17.360
Construction—Severability—2004 c 1 (Initiative Measure No. 841):
See notes following RCW 49.17.370.
49.17.370 Ergonomics Initiative—Definition—Rule
repeal. For the purposes of this section, "state ergonomics
regulations" are defined as the rules addressing musculoskeletal disorders, adopted on May 26, 2000, by the director of
the department of labor and industries, and codified as WAC
296-62-05101 through 296-62-05176. The state ergonomics
regulations, filed on May 26, 2000, by the director and codified as WAC 296-62-05101 through 296-62-05176 are
repealed. The director shall not have the authority to adopt
any new or amended rules dealing with musculoskeletal disorders, or that deal with the same or similar activities as these
rules being repealed, until and to the extent required by congress or the federal occupational safety and health administration. [2004 c 1 § 2 (Initiative Measure No. 841, approved
November 4, 2003).]
49.17.370
Construction—2004 c 1 (Initiative Measure No. 841): "The provisions of this act are to be liberally construed to effectuate the intent, policies,
and purposes of this act." [2004 c 1 § 3 (Initiative Measure No. 841,
approved November 4, 2003).]
Severability—2004 c 1 (Initiative Measure No. 841): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2004 c 1 § 4 (Initiative Measure
No. 841, approved November 4, 2003).]
49.17.400 Construction crane safety—Definitions.
(Effective January 1, 2010.) The definitions in this section
apply throughout RCW 49.17.400 through 49.17.430 unless
the context clearly requires otherwise.
(1) "Apprentice operator or trainee" means a crane operator who has not met requirements established by the department under RCW 49.17.430.
(2) "Attachments" includes, but is not limited to, craneattached or suspended hooks, magnets, grapples, clamshell
buckets, orange peel buckets, concrete buckets, drag lines,
personnel platforms, augers, or drills and pile-driving equipment.
(3) "Certified crane inspector" means a crane inspector
who has been certified by the department.
(4) "Construction" means all or any part of excavation,
construction, erection, alteration, repair, demolition, and dismantling of buildings and other structures and all related
49.17.400
[Title 49 RCW—page 28]
operations; the excavation, construction, alteration, and
repair of sewers, trenches, caissons, conduits, pipelines,
roads, and all related operations; the moving of buildings and
other structures, and the construction, alteration, repair, or
removal of wharfs, docks, bridges, culverts, trestles, piers,
abutments, or any other related construction, alteration,
repair, or removal work. "Construction" does not include
manufacturing facilities or powerhouses.
(5) "Crane" means power-operated equipment used in
construction that can hoist, lower, and horizontally move a
suspended load. "Crane" includes, but is not limited to:
Articulating cranes, such as knuckle-boom cranes; crawler
cranes; floating cranes; cranes on barges; locomotive cranes;
mobile cranes, such as wheel-mounted, rough-terrain, all-terrain, commercial truck mounted, and boom truck cranes;
multipurpose machines when configured to hoist and lower
by means of a winch or hook and horizontally move a suspended load; industrial cranes, such as carry-deck cranes;
dedicated pile drivers; service/mechanic trucks with a hoisting device; a crane on a monorail; tower cranes, such as fixed
jib, hammerhead boom, luffing boom, and self-erecting; pedestal cranes; portal cranes; overhead and gantry cranes; straddle cranes; side-boom tractors; derricks; and variations of
such equipment.
(6) "Crane operator" means an individual engaged in the
operation of a crane.
(7) "Professional engineer" means a professional engineer as defined in RCW 18.43.020.
(8) "Qualified crane operator" means a crane operator
who meets the requirements established by the department
under RCW 49.17.430.
(9) "Safety or health standard" means a standard adopted
under this chapter. [2007 c 27 § 2.]
Intent—2007 c 27: "The legislature intends to promote the safe condition and operation of cranes used in construction work by establishing certification requirements for construction cranes and qualifications for construction crane operators. The legislature intends that standards for safety of construction cranes and for certification of personnel operating cranes in
construction work be established." [2007 c 27 § 1.]
Effective date—2007 c 27: "This act takes effect January 1, 2010."
[2007 c 27 § 7.]
49.17.410 Construction crane safety—Application.
(Effective January 1, 2010.) (1) RCW 49.17.400 through
49.17.430 apply to cranes used with or without attachments.
(2) RCW 49.17.400 through 49.17.430 do not apply to:
(a) A crane while it has been converted or adapted for a
nonhoisting or nonlifting use including, but not limited to,
power shovels, excavators, and concrete pumps;
(b) Power shovels, excavators, wheel loaders, backhoes,
loader backhoes, and track loaders when used with or without
chains, slings, or other rigging to lift suspended loads;
(c) Automotive wreckers and tow trucks when used to
clear wrecks and haul vehicles;
(d) Service trucks with mobile lifting devices designed
specifically for use in the power line and electric service
industries, such as digger derricks (radial boom derricks),
when used in the power line and electric service industries for
auguring holes to set power and utility poles, or handling
associated materials to be installed or removed from utility
poles;
49.17.410
(2008 Ed.)
Washington Industrial Safety and Health Act
(e) Equipment originally designed as vehicle-mounted
aerial devices (for lifting personnel) and self-propelled elevating work platforms;
(f) Hydraulic jacking systems, including telescopic/hydraulic gantries;
(g) Stacker cranes;
(h) Powered industrial trucks (forklifts);
(i) Mechanic’s truck with a hoisting device when used in
activities related to equipment maintenance and repair;
(j) Equipment that hoists by using a come-along or
chainfall;
(k) Dedicated drilling rigs;
(l) Gin poles used for the erection of communication
towers;
(m) Tree trimming and tree removal work;
(n) Anchor handling with a vessel or barge using an
affixed A-frame;
(o) Roustabouts;
(p) Cranes used on-site in manufacturing facilities or
powerhouses for occasional or routine maintenance and
repair work; and
(q) Crane operators operating cranes on-site in manufacturing facilities or powerhouses for occasional or routine
maintenance and repair work. [2007 c 27 § 3.]
Intent—Effective date—2007 c 27: See notes following RCW
49.17.400.
49.17.420 Construction crane certification program—Rules—Certificate of operation. (Effective January 1, 2010.) (1) The department shall establish, by rule, a
crane certification program for cranes used in construction.
In establishing rules, the department shall consult nationally
recognized crane standards.
(2) The crane certification program must include, at a
minimum, the following:
(a) The department shall establish certification requirements for crane inspectors, including an experience requirement, an education requirement, a training requirement, and
other necessary requirements determined by the director;
(b) The department shall establish a process for certified
crane inspectors to issue temporary certificates of operation
for a crane and the department to issue a final certificate of
operation for a crane after a certified crane inspector determines that the crane meets safety or health standards, including meeting or exceeding national periodic inspection
requirements recognized by the department;
(c) Crane owners must ensure that cranes are inspected
and load proof tested by a certified crane inspector at least
annually and after any significant modification or significant
repairs of structural parts. If the use of weights for a unit
proof load test is not possible or reasonable, other recording
test equipment may be used. In adopting rules implementing
this requirement, the department may consider similar standards and practices used by the federal government;
(d) Tower cranes and tower crane assembly parts must
be inspected by a certified crane inspector both prior to
assembly and following erection of a tower crane;
(e) Before installation of a nonstandard tower crane base,
the engineering design of the nonstandard base shall be
reviewed and acknowledged as acceptable by an independent
professional engineer;
49.17.420
(2008 Ed.)
49.17.430
(f) A certified crane inspector must notify the department
and the crane owner if, after inspection, the certified crane
inspector finds that the crane does not meet safety or health
standards. A certified crane inspector shall not attest that a
crane meets safety or health standards until any deficiencies
are corrected and the correction is verified by the certified
crane inspector; and
(g) Inspection reports including all information and documentation obtained from a crane inspection shall be made
available or provided to the department by a certified crane
inspector upon request.
(3) Except as provided in RCW 49.17.410(2), any crane
operated in the state must have a valid temporary or final certificate of operation issued by the certified crane inspector or
department posted in the operator’s cab or station.
(4) Certificates of operation issued by the department
under the crane certification program established in this section are valid for one year from the effective date of the temporary operating certificate issued by the certified crane
inspector.
(5) This section does not apply to maritime cranes regulated by the department. [2007 c 27 § 4.]
Intent—Effective date—2007 c 27: See notes following RCW
49.17.400.
49.17.430 Qualified construction crane operators—
Rules—Apprentice operators or trainees—Reciprocity.
(Effective January 1, 2010.) (1) Except for training purposes as provided in subsection (3) of this section, an
employer or contractor shall not permit a crane operator to
operate a crane unless the crane operator is a qualified crane
operator.
(2) The department shall establish, by rule, requirements
that must be met to be considered a qualified crane operator.
In establishing rules, the department shall consult nationally
recognized crane standards for crane operator certification.
The rules must include, at a minimum, the following:
(a) The crane operator must have a valid crane operator
certificate, for the type of crane to be operated, issued by a
crane operator testing organization accredited by a nationally
recognized accrediting agency which administers written and
practical examinations, has procedures for recertification that
enable the crane operator to recertify at least every five years,
and is recognized by the department;
(b) The crane operator must have up to two thousand
hours of documented crane operator experience, which meets
experience levels established by the department for crane
types and capacities by rule; and
(c) The crane operator must pass a substance abuse test
conducted by a recognized laboratory service.
(3) An apprentice operator or trainee may operate a crane
when:
(a) The apprentice operator or trainee has been provided
with training prior to operating the crane that enables the
apprentice operator or trainee to operate the crane safely;
(b) The apprentice operator or trainee performs operating tasks that are within his or her ability, as determined by
the supervising qualified crane operator; and
(c) The apprentice operator or trainee is under the direct
and continuous supervision of a qualified crane operator who
meets the following requirements:
49.17.430
[Title 49 RCW—page 29]
49.17.440
Title 49 RCW: Labor Regulations
(i) The qualified crane operator is an employee or agent
of the employer of the apprentice operator or trainee;
(ii) The qualified crane operator is familiar with the
proper use of the crane’s controls;
(iii) While supervising the apprentice operator or trainee,
the qualified crane operator performs no tasks that detract
from the qualified crane operator’s ability to supervise the
apprentice operator or trainee;
(iv) For equipment other than tower cranes, the qualified
crane operator and the apprentice operator or trainee must be
in direct line of sight of each other and shall communicate
verbally or by hand signals; and
(v) For tower cranes, the qualified crane operator and the
apprentice operator or trainee must be in direct communication with each other.
(4) The department may recognize crane operator certification from another state or territory of the United States as
equivalent to qualified crane operator requirements if the
department determines that the other jurisdiction’s credentialing standards are substantially similar to the qualified
crane operator requirements. [2007 c 27 § 5.]
Intent—Effective date—2007 c 27: See notes following RCW
49.17.400.
49.17.440 Construction crane safety—Rules—Implementation. (Effective January 1, 2010.) The department of
labor and industries shall adopt rules necessary to implement
RCW 49.17.400 through 49.17.430. [2007 c 27 § 6.]
49.17.440
Intent—Effective date—2007 c 27: See notes following RCW
49.17.400.
49.17.900 Short title. This act shall be known and cited
as the Washington Industrial Safety and Health Act of 1973.
[1973 c 80 § 29.]
49.17.900
49.17.910 Severability—1973 c 80. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1973 c 80 § 30.]
49.17.910
Chapter 49.19
Chapter 49.19 RCW
SAFETY—HEALTH CARE SETTINGS
Sections
49.19.005
49.19.010
49.19.020
49.19.030
49.19.040
49.19.050
49.19.060
49.19.070
Findings—1999 c 377.
Definitions.
Workplace violence plan—Security and safety assessment.
Violence prevention training.
Violent acts—Records.
Noncompliance—Penalties.
Health care setting—Assistance.
Intent—Finding—Enforcement.
49.19.005 Findings—1999 c 377. The legislature finds
49.19.005
that:
(1) Violence is an escalating problem in many health
care settings in this state and across the nation;
(2) Based on an analysis of workers’ compensation
claims, the department of labor and industries reports that
health care employees face the highest rate of workplace violence in Washington state;
[Title 49 RCW—page 30]
(3) The actual incidence of workplace violence in health
care settings is likely to be greater than documented because
of failure to report or failure to maintain records of incidents
that are reported;
(4) Patients, visitors, and health care employees should
be assured a reasonably safe and secure environment in
health care settings; and
(5) Many health care settings have undertaken efforts to
assure that patients, visitors, and employees are safe from
violence, but additional personnel training and appropriate
safeguards may be needed to prevent workplace violence and
minimize the risk and dangers affecting people in health care
settings. [1999 c 377 § 1.]
49.19.010 Definitions. For purposes of this chapter:
(1) "Health care setting" means:
(a) Hospitals as defined in RCW 70.41.020;
(b) Home health, hospice, and home care agencies under
chapter 70.127 RCW, subject to RCW 49.19.070;
(c) Evaluation and treatment facilities as defined in
RCW 71.05.020; and
(d) Community mental health programs as defined in
RCW 71.24.025.
(2) "Department" means the department of labor and
industries.
(3) "Employee" means an employee as defined in RCW
49.17.020.
(4) "Violence" or "violent act" means any physical
assault or verbal threat of physical assault against an
employee of a health care setting. [2007 c 414 § 3; 2007 c
375 § 10; 2000 c 94 § 18; 1999 c 377 § 2.]
49.19.010
Reviser’s note: This section was amended by 2007 c 375 § 10 and by
2007 c 414 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Purpose—Construction—Severability—2007 c 375: See
notes following RCW 10.31.110.
49.19.020 Workplace violence plan—Security and
safety assessment. (1) By July 1, 2000, each health care setting shall develop and implement a plan to reasonably prevent and protect employees from violence at the setting. The
plan shall address security considerations related to the following items, as appropriate to the particular setting, based
upon the hazards identified in the assessment required under
subsection (2) of this section:
(a) The physical attributes of the health care setting;
(b) Staffing, including security staffing;
(c) Personnel policies;
(d) First aid and emergency procedures;
(e) The reporting of violent acts; and
(f) Employee education and training.
(2) Before the development of the plan required under
subsection (1) of this section, each health care setting shall
conduct a security and safety assessment to identify existing
or potential hazards for violence and determine the appropriate preventive action to be taken. The assessment shall
include, but is not limited to, a measure of the frequency of,
and an identification of the causes for and consequences of,
violent acts at the setting during at least the preceding five
49.19.020
(2008 Ed.)
Safety—Health Care Settings
years or for the years records are available for assessments
involving home health, hospice, and home care agencies.
(3) In developing the plan required by subsection (1) of
this section, the health care setting may consider any guidelines on violence in the workplace or in health care settings
issued by the department of health, the department of social
and health services, the department of labor and industries,
the federal occupational safety and health administration,
medicare, and health care setting accrediting organizations.
[1999 c 377 § 3.]
49.19.030 Violence prevention training. By July 1,
2001, and on a regular basis thereafter, as set forth in the plan
developed under RCW 49.19.020, each health care setting
shall provide violence prevention training to all its affected
employees as determined by the plan. The training shall
occur within ninety days of the employee’s initial hiring date
unless he or she is a temporary employee. For temporary
employees, training would take into account unique circumstances. The training may vary by the plan and may include,
but is not limited to, classes, videotapes, brochures, verbal
training, or other verbal or written training that is determined
to be appropriate under the plan. The training shall address
the following topics, as appropriate to the particular setting
and to the duties and responsibilities of the particular
employee being trained, based upon the hazards identified in
the assessment required under RCW 49.19.020:
(1) General safety procedures;
(2) Personal safety procedures;
(3) The violence escalation cycle;
(4) Violence-predicting factors;
(5) Obtaining patient history from a patient with violent
behavior;
(6) Verbal and physical techniques to de-escalate and
minimize violent behavior;
(7) Strategies to avoid physical harm;
(8) Restraining techniques;
(9) Appropriate use of medications as chemical
restraints;
(10) Documenting and reporting incidents;
(11) The process whereby employees affected by a violent act may debrief;
(12) Any resources available to employees for coping
with violence; and
(13) The health care setting’s workplace violence prevention plan. [1999 c 377 § 4.]
49.19.030
49.19.040 Violent acts—Records. Beginning no later
than July 1, 2000, each health care setting shall keep a record
of any violent act against an employee, a patient, or a visitor
occurring at the setting. At a minimum, the record shall
include:
(1) The health care setting’s name and address;
(2) The date, time, and specific location at the health care
setting where the act occurred;
(3) The name, job title, department or ward assignment,
and staff identification or social security number of the victim if an employee;
(4) A description of the person against whom the act was
committed as:
49.19.040
(2008 Ed.)
49.19.070
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(5) A description of the person committing the act as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(6) A description of the type of violent act as a:
(a) Threat of assault with no physical contact;
(b) Physical assault with contact but no physical injury;
(c) Physical assault with mild soreness, surface abrasions, scratches, or small bruises;
(d) Physical assault with major soreness, cuts, or large
bruises;
(e) Physical assault with severe lacerations, a bone fracture, or a head injury; or
(f) Physical assault with loss of limb or death;
(7) An identification of any body part injured;
(8) A description of any weapon used;
(9) The number of employees in the vicinity of the act
when it occurred; and
(10) A description of actions taken by employees and the
health care setting in response to the act. Each record shall be
kept for at least five years following the act reported, during
which time it shall be available for inspection by the department upon request. [1999 c 377 § 5.]
49.19.050 Noncompliance—Penalties. Failure of a
health care setting to comply with this chapter shall subject
the setting to citation under chapter 49.17 RCW. [1999 c 377
§ 6.]
49.19.050
49.19.060 Health care setting—Assistance. A health
care setting needing assistance to comply with this chapter
may contact the federal department of labor or the state
department of labor and industries for assistance. The state
departments of labor and industries, social and health services, and health shall collaborate with representatives of
health care settings to develop technical assistance and training seminars on plan development and implementation, and
shall coordinate their assistance to health care settings. [1999
c 377 § 7.]
49.19.060
49.19.070 Intent—Finding—Enforcement. It is the
intent of the legislature that any violence protection and prevention plan developed under this chapter be appropriate to
the setting in which it is to be implemented. To that end, the
legislature recognizes that not all professional health care is
provided in a facility or other formal setting, such as a hospital. Many services are provided by home health, hospice, and
home care agencies. The legislature finds that it is inappropriate and impractical for these agencies to address workplace
violence in the same manner as other, facility-based, health
care settings. When enforcing this chapter as to home health,
hospice, and home care agencies, the department shall allow
agencies sufficient flexibility in recognition of the unique circumstances in which these agencies deliver services. [1999 c
377 § 8.]
49.19.070
[Title 49 RCW—page 31]
Chapter 49.22
Chapter 49.22
Title 49 RCW: Labor Regulations
Chapter 49.22 RCW
Chapter 49.24
SAFETY—CRIME PREVENTION
Sections
49.22.010
49.22.020
49.22.030
49.22.900
Chapter 49.24 RCW
HEALTH AND SAFETY—
UNDERGROUND WORKERS
Sections
Definitions.
Late night retail establishments—Duties.
Enforcement.
Effective date—Implementation—1989 c 357.
49.22.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Department" means the department of labor and
industries.
(2) "Late night retail establishment" means any business
or commercial establishment making sales to the public
between the hours of eleven o’clock p.m. and six o’clock
a.m., except restaurants, hotels, taverns, or any lodging facility.
(3) "Employer" means the operator, lessee, or franchisee
of a late night retail establishment. [1989 c 357 § 1.]
49.22.010
49.22.020 Late night retail establishments—Duties.
In addition to providing crime prevention training as provided in *section 2 of this act, all employers operating late
night retail establishments shall:
(1) Post a conspicuous sign in the window or door which
states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: PROVIDED, That an employer shall not be
subject to penalties under RCW 49.22.030 for having moneys
in the cash register in excess of the minimal amount needed
to conduct business;
(2) So arrange all material posted in the window or door
so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;
(3) Have a drop-safe, limited access safe, or comparable
device on the premises; and
(4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during
all night hours the late night retail establishment is open, if
the late night retail establishment has a parking area for its
customers. [1989 c 357 § 3.]
49.22.020
*Reviser’s note: "Section 2 of this act" was vetoed by the governor.
49.22.030 Enforcement. The requirements of this
chapter shall be implemented and enforced, including rules,
citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor and
industries pursuant to the Washington industrial safety and
health act of 1973, chapter 49.17 RCW. [1989 c 357 § 4.]
49.22.030
49.22.900 Effective date—Implementation—1989 c
357. This act shall take effect January 1, 1990. The director
of the department of labor and industries may immediately
take such steps as are necessary to ensure that this act is
implemented on its effective date. [1989 c 357 § 7.]
49.22.900
[Title 49 RCW—page 32]
49.24.010
49.24.020
49.24.030
49.24.040
49.24.060
49.24.070
49.24.080
49.24.100
49.24.110
49.24.120
49.24.130
49.24.140
49.24.150
49.24.160
49.24.170
49.24.180
49.24.190
49.24.200
49.24.210
49.24.220
49.24.230
49.24.240
49.24.250
49.24.260
49.24.270
49.24.280
49.24.290
49.24.300
49.24.310
49.24.320
49.24.330
49.24.340
49.24.350
49.24.360
49.24.370
49.24.380
Pressure defined.
Compressed air safety requirements.
Medical and nursing attendants.
Examination as to physical fitness.
Penalty.
Enforcement.
Requirements for underground labor.
Lighting appliances.
Exhaust valves.
Fire prevention.
Air chambers—Hanging walks.
Locks.
Explosives and detonators.
Air plant—Feed water.
Electric power requirements.
Inspection.
Cars, cages, buckets—Employees riding or walking.
Speed of vehicles.
Oil supply restricted.
Explosives, use of—Blasting.
Firing switch—Warning by blaster.
Inspection after blast.
Code of signals.
Requirements as to caissons.
Shields to be provided.
Caissons to be braced.
Cages—Hoisting apparatus.
Buckets in vertical shafts.
Telephone system for tunnels.
Location of lights.
Generators, transformers, etc., to be grounded.
Electrical voltage.
Lamps to be held in reserve.
Insulators required.
Director to make rules and regulations.
Penalty.
Coal mining code: Title 78 RCW.
Protection of employees: State Constitution Art. 2 § 35.
Supervisor of safety: RCW 43.22.040.
49.24.010 Pressure defined. The term "pressure"
means gauge air pressure in pounds per square inch. [1937 c
131 § 1; RRS § 7666-1.]
49.24.010
49.24.020 Compressed air safety requirements.
Every employer of persons for work in compressed air shall:
(1) Connect at least two air pipes with the working
chamber and keep such pipes in perfect working condition;
(2) Attach to the working chamber in accessible positions all instruments necessary to show its pressure and keep
such instruments in charge of competent persons, with a
period of duty for each such person not exceeding six hours
in any twenty-four;
(3) Place in each shaft a safe ladder extending its entire
length;
(4) Light properly and keep clear such passageway;
(5) Provide independent lighting systems for the working chamber and shaft leading to it, when electricity is used
for lighting;
(6) Guard lights other than electric lights;
(7) Protect workmen by a shield erected in the working
chamber when such chamber is less than ten feet long and is
suspended with more than nine feet space between its deck
and the bottom of the excavation;
(8) Provide for and keep accessible to employees working in compressed air a dressing room heated, lighted and
49.24.020
(2008 Ed.)
Health and Safety—Underground Workers
ventilated properly and supplied with benches, lockers, sanitary waterclosets, bathing facilities and hot and cold water;
(9) Establish and maintain a medical lock properly
heated, lighted, ventilated and supplied with medicines and
surgical implements, when the maximum air pressure
exceeds seventeen pounds. [1937 c 131 § 2; RRS § 7666-2.]
49.24.030 Medical and nursing attendants. Every
employer of persons for work in compressed air shall:
(1) Keep at the place of work at all necessary times a
duly qualified medical officer to care for cases of illness and
to administer strictly and enforce RCW 49.24.020 and
49.24.040;
(2) Keep at a medical lock required by RCW
49.24.020(9) a certified nurse selected by the medical officer
required by subdivision (1) of this section and qualified to
give temporary relief in cases of illness. [1937 c 131 § 3;
RRS § 7666-3.]
49.24.030
49.24.040 Examination as to physical fitness. If an
employee is a new employee, an absentee for ten or more successive days, an employee who has worked in compressed air
continuously for three months or a beginner in compressed
air who has worked but a single shaft [shift] as required by
*RCW 49.24.050, the officer required by RCW 49.24.030(1)
shall examine him and declare him physically fit to work in
compressed air before permitting him to enter or reenter the
working chamber. Excessive users of intoxicants shall not be
permitted to work in compressed air. [1937 c 131 § 4; RRS §
7666-4.]
49.24.040
*Reviser’s note: RCW 49.24.050 was repealed by 1963 c 105 § 1.
49.24.060 Penalty. Violation of or noncompliance with
any provision of *this article by any employer, manager,
superintendent, foreman or other person having direction or
control of such work shall be a gross misdemeanor punishable by a fine of not less than two hundred and fifty dollars or
by imprisonment for not more than one year or by both such
fine and imprisonment. [1937 c 131 § 7; RRS § 7666-7.]
49.24.060
*Reviser’s note: "this article" appears in 1937 c 131, an eight section
act that was not subdivided by "article" organization. The act is codified as
RCW 49.24.010 through 49.24.070.
49.24.070 Enforcement. The director of labor and
industries shall have the power and it shall be the director’s
duty to enforce the provisions of RCW 49.24.010 through
49.24.070. Any authorized inspector or agent of the department may issue and serve upon the employer or person in
charge of such work, an order requiring compliance with a
special provision or specific provisions of RCW 49.24.010
through 49.24.070 and directing the discontinuance of any
employment of persons in compressed air in connection with
such work until such specific provision or provisions have
been complied with by such employer to the satisfaction of
the department. [1994 c 164 § 23; 1973 1st ex.s. c 52 § 7;
1937 c 131 § 8; RRS § 7666-8.]
49.24.070
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
49.24.080 Requirements for underground labor.
Every person, firm or corporation constructing, building or
49.24.080
(2008 Ed.)
49.24.120
operating a tunnel, quarry, caisson or subway, excepting in
connection with mines, with or without compressed air, shall
in the employment of any labor comply with the following
safety provisions:
(1) A safety miner shall be selected by the crew on each
shift who shall check the conditions necessary to make the
working place safe; such as loose rock, faulty timbers, poor
rails, lights, ladders, scaffolds, fan pipes and firing lines.
(2) Ventilating fans shall be installed from twenty-five to
one hundred feet outside the portal.
(3) No employee shall be allowed to "bar down" without
the assistance of another employee.
(4) No employee shall be permitted to return to the heading until at least thirty minutes after blasting.
(5) Whenever persons are employed in wet places, the
employer shall furnish such persons with rubbers, boots,
coats and hats. All boots if worn previously by an employee
shall be sterilized before being furnished to another: PROVIDED, That RCW 49.24.080 through 49.24.380 shall not
apply to the operation of a railroad except that new construction of tunnels, caissons or subways in connection therewith
shall be subject to the provisions of RCW 49.24.080 through
49.24.380: PROVIDED, FURTHER, That in the event of
repair work being done in a railroad tunnel, no person shall be
compelled to perform labor until the air has been cleared of
smoke, gas and fumes. [1973 1st ex.s. c 154 § 89; 1965 c 144
§ 1; 1941 c 194 § 1; Rem. Supp. 1941 § 7666-9.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
49.24.100 Lighting appliances. (1) All lighting in
compressed air chambers shall be by electricity only. Wherever practicable there shall be two independent lighting systems with independent sources of supply.
(2) The exterior of all lamp sockets shall be entirely nonmetallic.
(3) All portable incandescent lamps used shall be
guarded by a wire cage large enough to enclose both lamp
and socket.
(4) All incandescent lamps shall be so placed that they
cannot come in contact with any combustible material.
(5) Only heavy insulated or armored wire shall be used
for light or power. [1941 c 194 § 3; Rem. Supp. 1941 § 766611.]
49.24.100
49.24.110 Exhaust valves. Exhaust valves shall be provided, having risers extending to the upper part of chamber, if
necessary, and shall be operated at such times as may be
required and especially after a blast, and persons shall not be
required to resume work after a blast until the gas and smoke
have cleared, for at least thirty minutes. [1973 1st ex.s. c 154
§ 90; 1941 c 194 § 4; Rem. Supp. 1941 § 7666-12.]
49.24.110
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
49.24.120 Fire prevention. All reasonable precaution
shall be taken against fire, and provisions shall be made so
that water lines shall be available for use at all times. Fire
hose connections with hose connected shall be installed in all
power plants and work houses. There shall be fire hose connections within reasonable distance of all caissons. Fire hose
shall be connected at either side of a tunnel bulkhead, with at
49.24.120
[Title 49 RCW—page 33]
49.24.130
Title 49 RCW: Labor Regulations
least fifty feet of hose with nozzle connection. Water lines
shall extend into each tunnel with hose connections every
two hundred feet and shall be kept ready for use at all times.
[1941 c 194 § 5; Rem. Supp. 1941 § 7666-13.]
49.24.130 Air chambers—Hanging walks. (1) Whenever the air pressure in a tunnel heading exceeds twenty-one
pounds per square inch above atmospheric pressure, two air
chambers shall always be in use, except for such time as may
be necessary when headings are being started from shafts;
and whenever practicable the pressure in the outer chamber
shall not exceed one-half the pressure in the heading;
(2) In all tunnels sixteen feet in diameter or over, hanging walks shall be provided from working face to nearest
lock. An overhead clearance of six feet shall be maintained
and suitable ramps provided under all safety screens. [1941 c
194 § 6; Rem. Supp. 1941 § 7666-14.]
49.24.130
49.24.140 Locks. (1) Each bulkhead in tunnels of
twelve feet or more in diameter or equivalent area, shall have
at least two locks in perfect working condition, one of which
shall be used as a man lock. An additional lock for use in case
of emergency shall be held in reserve.
(2) The man lock shall be large enough so that those
using it are not compelled to be in a cramped position, and
shall not be less than five feet in height. Emergency locks
shall be large enough to hold an entire heading shift.
(3) All locks used for decompression shall be lighted by
electricity and shall contain a pressure gauge, a time piece, a
glass "bull’s eye" in each door or in each end, and shall also
have facilities for heating.
(4) Valves shall be so arranged that the locks can be
operated both from within and from without. [1941 c 194 §
7; Rem. Supp. 1941 § 7666-15.]
49.24.140
49.24.150 Explosives and detonators. When locking
explosives and detonators into the air chamber, they shall be
kept at opposite ends of the lock. While explosives and detonators are being taken through, no men other than the lock
tender and the carriers shall be permitted in the lock. [1941 c
194 § 8; Rem. Supp. 1941 § 7666-16.]
49.24.150
49.24.160 Air plant—Feed water. (1) A good and sufficient air plant for the compression of air shall be provided to
meet not only ordinary conditions, but emergencies, and to
provide margin for repairs at all times. Provision must be
made for storing in tanks at each boiler house enough feed
water for twelve hours’ supply unless connection can be
made with two independent and separately sufficient sources
of supply.
(2) The plant shall be capable of furnishing to each
working chamber a sufficient air supply for all pressure to
enable work to be done. [1941 c 194 § 9; Rem. Supp. 1941 §
7666-17.]
49.24.160
49.24.170 Electric power requirements. When electric power is used for running compressors supplying air for
compressed air tunnel work and such power is purchased
from a local central station or power company—
49.24.170
[Title 49 RCW—page 34]
(1) There shall be two or more sources of power from the
power company’s stations to the compressor plant. Such
power feeders shall each have a capacity large enough to
carry the entire compressor plant load and normal overload.
The feeders shall preferably run from separate generating
plants or substations and be carried to the compressor plant
over separate routes and not through the same duct lines and
manholes so that the breakdown of one feeder shall not cause
an interruption on the other feeder.
(2) There shall be duplicate feeder bus-bars, and feeder
connections to the bus-bars shall be such that either feeder
can feed to each separate bus-bar set, individually, or simultaneously to both sets.
(3) There shall be at least two compressors so connected
to the bus-bars that they can be operated from either set of
busses. The compressors shall be fed from different bus-bar
sets, in such a way that a breakdown of a feeder or bus-bar
would interrupt the operation of only part of the compressor
plant.
(4) Duplicate air feed pipes shall be provided from the
compressor plant to a point beyond the lock. [1941 c 194 §
10; Rem. Supp. 1941 § 7666-18.]
49.24.180 Inspection. While work is in progress, the
employer shall employ a competent person who shall make a
regular inspection at least once every working day of all
engines, boilers, steam pipes, drills, air pipes, air gauges, air
locks, dynamos, electric wiring, signaling apparatus, brakes,
cages, buckets, hoists, cables, ropes, timbers, supports, and
all other apparatus and appliances; and he shall immediately
upon discovery of any defect, report same in writing to the
employer, or his agent in charge. [1941 c 194 § 11; Rem.
Supp. 1941 § 7666-19.]
49.24.180
49.24.190 Cars, cages, buckets—Employees riding or
walking. No employee shall ride on any loaded car, cage or
bucket, nor walk up or down any incline or shaft while any
car, cage or bucket is above him. [1941 c 194 § 12; Rem.
Supp. 1941 § 7666-20.]
49.24.190
49.24.200 Speed of vehicles. No vehicle shall be operated underground at a speed greater than five miles an hour,
while construction work is going on. [1941 c 194 § 13; Rem.
Supp. 1941 § 7666-21.]
49.24.200
49.24.210 Oil supply restricted. Oil for illumination or
power shall not be taken into the underground workings of
any tunnel or kept therein in greater quantities than one day’s
supply. [1941 c 194 § 14; Rem. Supp. 1941 § 7666-22.]
49.24.210
49.24.220 Explosives, use of—Blasting. (1) No greater
quantity of explosives than that which is required for immediate use shall be taken into the working chamber.
(2) Explosives shall be conveyed in a suitable covered
wooden box.
(3) Detonators shall be conveyed in a separate covered
wooden box.
(4) Explosives and detonators shall be taken separately
into the caissons.
49.24.220
(2008 Ed.)
Health and Safety—Underground Workers
(5) After blasting is completed, all explosives and detonators shall be returned at once to the magazine.
(6) No naked light shall be used in the vicinity of open
chests or magazines containing explosives, nor near where a
charge is being primed.
(7) No tools or other articles shall be carried with the
explosives or with the detonators.
(8) All power lines and electric light wires shall be disconnected at a point outside the blasting switch before the
loading of holes. No current by grounding of power or
bonded rails shall be allowed beyond blasting switch after
explosives are taken in preparatory to blasting, and under no
circumstances shall grounded current be used for exploding
blasts.
(9) Before drilling is commenced on any shift, all
remaining holes shall be examined with a wooden stick for
unexploded charges or cartridges, and if any are found, same
shall be refired before work proceeds.
(10) No person shall be allowed to deepen holes that
have previously contained explosives.
(11) All wires in broken rock shall be carefully traced
and search made for unexploded cartridges.
(12) Whenever blasting is being done in a tunnel, at
points liable to break through to where other men are at work,
the foreman or person in charge shall, before any holes are
loaded, give warning of danger to all persons that may be
working where the blasts may break through, and he shall not
allow any holes to be charged until warning is acknowledged
and men are removed.
(13) Blasters when testing circuit through charged holes
shall use sufficient leading wires to be at a safe distance and
shall use only approved types of galvanometers. No tests of
circuits in charged holes shall be made until men are removed
to safe distance.
(14) No blasts shall be fired with fuse, except electrically
ignited fuse, in vertical or steep shafts.
(15) In shaft sinking where the electric current is used for
firing, a separate switch not controlling any electric lights
must be used for blasting and proper safeguard similar to
those in tunnels must be followed in order to insure against
premature firing. [1941 c 194 § 15; Rem. Supp. 1941 § 766623.]
Explosives: Chapter 70.74 RCW.
49.24.230 Firing switch—Warning by blaster. When
firing by electricity from power or lighting wires, a proper
switch shall be furnished with lever down when "off".
The switch shall be fixed in a locked box to which no
person shall have access except the blaster. There shall be
provided flexible leads or connecting wires not less than five
feet in length with one end attached to the incoming lines and
the other end provided with plugs that can be connected to an
effective ground. After blasting, the switch lever shall be
pulled out, the wires disconnected and the box locked before
any person shall be allowed to return, and shall remain so
locked until again ready to blast.
In the working chamber all electric light wires shall be
provided with a disconnecting switch, which must be thrown
to disconnect all current from the wires in the working cham49.24.230
(2008 Ed.)
49.24.260
ber before electric light wires are removed or the charge
exploded.
Before blasting the blaster shall cause a sufficient warning to be sounded and shall compel all persons to retreat to a
safe shelter, before he sets off the blast, and shall permit no
one to return until conditions are safe. [1941 c 194 § 16;
Rem. Supp. 1941 § 7666-24.]
49.24.240
49.24.240 Inspection after blast. (1) After a blast is
fired, loosened pieces of rock shall be scaled from the sides of
the excavation and after the blasting is completed, the entire
working chamber shall be thoroughly scaled.
(2) The person in charge shall inspect the working chamber and have all loose rock or ground removed and the chamber made safe before proceeding with the work.
(3) Drilling must not be started until all remaining butts
of old holes are examined for unexploded charges. [1941 c
194 § 17; Rem. Supp. 1941 § 7666-25.]
49.24.250
49.24.250 Code of signals. Any code of signals used
shall be printed and copies thereof, in such languages as may
be necessary to be understood by all persons affected thereby,
shall be kept posted in a conspicuous place near entrances to
work places and in such other places as may be necessary to
bring them to the attention of all persons affected thereby.
Effective and reliable signaling devices shall be maintained at all times to give instant communication between the
bottom and top of the shaft. [1941 c 194 § 18; Rem. Supp.
1941 § 7666-26.]
49.24.260
49.24.260 Requirements as to caissons. All shafting
used in pneumatic caissons shall be provided with ladders,
which are to be kept clear and in good condition at all times.
The distance between the centers of the rungs of a ladder
shall not exceed fourteen inches and shall not vary more than
one inch in any one piece of shafting. The length of the ladder
rungs shall not be less than nine inches. The rungs of the ladder shall in no case be less than three inches from the wall or
other obstruction in the shafting or opening in which the ladder shall be used. Under no circumstances shall a ladder
inclining backward from the vertical be installed. A suitable
ladder shall be provided from the top of all locks to the surface.
All man shafts shall be lighted at a distance of every ten
feet with a guarded incandescent lamp.
All outside caisson air locks shall be provided with a
platform not less than forty-two inches wide, and provided
with a guard rail forty-two inches high.
All caissons in which fifteen or more men are employed
shall have two locks, one of which shall be used as a man
lock. Man locks and man shafts shall be in charge of a man
whose duty it shall be to operate said lock and shaft. All caissons more than ten feet in diameter shall be provided with a
separate man shaft, which shall be kept clear and in operating
order at all times.
Locks shall be so located that the distance between the
bottom door and water level shall be not less than three feet.
[1941 c 194 § 19; Rem. Supp. 1941 § 7666-27.]
[Title 49 RCW—page 35]
49.24.270
Title 49 RCW: Labor Regulations
49.24.270 Shields to be provided. Wherever, in the
prosecution of caisson work in which compressed air is
employed, the working chamber is less than twelve feet in
length, and when such caissons are at any time suspended or
hung while work is in progress, so that the bottom of the
excavation is more than nine feet below the deck of the working chamber, a shield shall be erected therein for the protection of the workers. [1989 c 12 § 15; 1941 c 194 § 20; Rem.
Supp. 1941 § 7666-28.]
49.24.270
49.24.280 Caissons to be braced. All caissons shall be
properly and adequately braced before loading with concrete
or other weight. [1941 c 194 § 21; Rem. Supp. 1941 § 766629.]
49.24.280
49.24.290 Cages—Hoisting apparatus. In all shafts
where men are hoisted or lowered, an iron-bonneted cage
shall be used for the conveyance of men, but this provision
shall not apply to shafts in the process of sinking or during the
dismantling of the shaft after work in the tunnel is substantially completed.
Cages shall be provided with bonnets consisting of two
steel plates not less than three-sixteenths of an inch in thickness, sloping toward each side and so arranged that they may
be readily pushed upward to afford egress to persons therein,
and such bonnet shall cover the top of the cage in such manner as to protect persons in the cage from falling objects.
Cages shall be entirely enclosed on two sides with solid
partition or wire mesh not less than No. 8 U.S. Standard
gauge, no opening in which shall exceed two inches.
Cages shall be provided with hanging chains or other
similar devices for hand holds.
Every cage shall be provided with an approved safety
catch of sufficient strength to hold the cage with its maximum
load at any point in the shaft.
All parts of the hoisting apparatus, cables, brakes, guides
and fastenings shall be of the most substantial design and
shall be arranged for convenient inspection. The efficiency of
all safety devices shall be established by satisfactory tests
before the cages are put into service and at least once every
three months thereafter and a record thereof kept.
The test of the safety catch shall consist of releasing the
cage suddenly in such manner that the safety catches shall
have opportunity to grip the guides. [1941 c 194 § 22; Rem.
Supp. 1941 § 7666-30.]
49.24.290
49.24.300 Buckets in vertical shafts. In all vertical
shafts in which hoisting is done by means of a bucket, suitable guides shall be provided when the depth exceeds ten
times the diameter or width of the shaft, but in no case shall
the maximum depth without guides exceed one hundred and
fifty feet. In connection with the bucket, there shall be a
crosshead traveling between these guides. The height of the
crosshead shall be at least two-thirds of its width, but the
height in no case shall be less than thirty inches. [1941 c 194
§ 23; Rem. Supp. 1941 § 7666-31.]
49.24.300
49.24.310 Telephone system for tunnels. Where tunnels are driven from shafts more than two hundred and fifty
feet deep, a telephone system shall be established and main49.24.310
[Title 49 RCW—page 36]
tained, communicating with the surface at each such shaft,
and with a station or stations readily and quickly accessible to
the men at the working level. [1941 c 194 § 24; Rem. Supp.
1941 § 7666-32.]
49.24.320
49.24.320 Location of lights. (1) While work is in
progress, tunnels, stairways, ladderways and all places on the
surface where work is being conducted, shall be properly
lighted. In shafts more than one hundred feet deep, the shaft
below that point shall be lighted.
(2) All places where hoisting, pumping or other machinery is erected and in the proximity of which persons are
working or moving about, shall be so lighted when the
machine is in operation that the moving parts of such
machine can be clearly distinguished. [1941 c 194 § 25;
Rem. Supp. 1941 § 7666-33.]
49.24.330
49.24.330 Generators, transformers, etc., to be
grounded. The frames and bed plates of generators, transformers, compensators, rheostats and motors installed underground shall be effectively grounded. All metallic coverings,
armoring of cables, other than trailing cables, and the neutral
wire of three-wire systems shall also be so grounded. [1941
c 194 § 26; Rem. Supp. 1941 § 7666-34.]
49.24.340
49.24.340 Electrical voltage. In electrical systems
installed, no higher voltage than low voltage shall be used
underground, except for transmission or other application to
transformers, motors, generators or other apparatus in which
the whole of the medium or high voltage apparatus is stationary. [1941 c 194 § 27; Rem. Supp. 1941 § 7666-35.]
49.24.350
49.24.350 Lamps to be held in reserve. Lamps or
other proper lights shall be kept ready for use in all underground stations where a failure of electric light is likely to
cause danger. [1941 c 194 § 28; Rem. Supp. 1941 § 766636.]
49.24.360
49.24.360 Insulators required. (1) All underground
cables and wires, unless provided with grounded metallic
covering, shall be supported by efficient insulators. The conductors connecting lamps to the power supply shall in all
cases be insulated.
(2) Cables and wires unprovided with metallic coverings
shall not be fixed to walls or timbers by means of uninsulated
fastenings. [1941 c 194 § 29; Rem. Supp. 1941 § 7666-37.]
49.24.370
49.24.370 Director to make rules and regulations.
The director of labor and industries shall establish such rules
and regulations as he deems primarily necessary for the
safety of the employees employed in tunnels, quarries, caissons and subways and shall be guided by the most modern
published studies and researches made by persons or institutions into the correction of the evils chargeable to improper
safeguards and inspection of the tools, machinery, equipment
and places of work obtaining in the industries covered by
RCW 49.24.080 through 49.24.380. [1941 c 194 § 32; Rem.
Supp. 1941 § 7666-39.]
(2008 Ed.)
Health and Safety—Asbestos
49.24.380 Penalty. Every person violating any of the
provisions of RCW 49.24.080 through 49.24.380 shall be
guilty of a misdemeanor. [1941 c 194 § 31; Rem. Supp. 1941
§ 7666-38.]
49.24.380
Chapter 49.26
Chapter 49.26 RCW
HEALTH AND SAFETY—ASBESTOS
Sections
49.26.010
49.26.013
49.26.016
49.26.020
49.26.030
49.26.040
49.26.100
49.26.110
49.26.115
49.26.120
49.26.125
49.26.130
49.26.140
49.26.150
49.26.900
49.26.901
Legislative declaration.
Inspection of construction projects required.
Inspection of construction projects—Penalties.
Asbestos use standards.
Containers for asbestos products.
Regulations—Enforcement.
Asbestos projects—Definitions.
Asbestos projects—Worker’s and supervisor’s certificates.
Asbestos abatement projects—Contractor’s certificate
required.
Asbestos projects—Qualified asbestos workers and supervisor—Prenotification to department—Fire personnel.
Prenotification to department—Exemptions.
Asbestos projects—Rules—Fees—Asbestos account.
Asbestos projects—Enforcement—Penalties.
Discrimination against employee filing complaint prohibited.
Severability—1973 c 30.
Effective dates—1988 c 271 §§ 6-18.
49.26.010 Legislative declaration. Air-borne asbestos
dust and particles, such as those from sprayed asbestos slurry,
asbestos-coated ventilating ducts, and certain other applications of asbestos are known to produce irreversible lung damage and bronchogenic carcinoma. One American of every
four dying in urban areas of the United States has asbestos
particles or dust in his lungs. The nature of this problem is
such as to constitute a hazard to the public health and safety,
and should be brought under appropriate regulation. [1973 c
30 § 1.]
49.26.010
49.26.013 Inspection of construction projects
required. (1) Any owner or owner’s agent who allows or
authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable
possibility, as defined by the department, of disturbing or
releasing asbestos into the air, shall perform or cause to be
performed, using practices approved by the department, a
good faith inspection to determine whether the proposed
project will disturb or release any material containing asbestos into the air.
Such inspections shall be conducted by persons meeting
the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C.
2646(a) (1) and (3)).
An inspection under this section is not required if the
owner or owner’s agent is reasonably certain that asbestos
will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation,
remodeling, maintenance, repair, or demolition and takes the
maximum precautions as specified by all applicable federal
and state requirements.
(2) Except as provided in RCW 49.26.125, the owner or
owner’s agent shall prepare and maintain a written report
describing each inspection, or a statement of assumption of
the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement
49.26.013
(2008 Ed.)
49.26.020
to all contractors before they apply or bid on work. In addition, upon written or oral request, the owner or owner’s agent
shall make a copy of the written report available to: (1) The
department of labor and industries; (2) contractors; and (3)
the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any
asbestos or material containing asbestos. A copy shall be
posted as prescribed by the department in a place that is easily accessible to such employees. [1995 c 218 § 1; 1989 c 154
§ 2. Prior: 1988 c 271 § 7.]
Purpose—1989 c 154: "The purpose of chapter 154, Laws of 1989 is to
make corrections to chapter 271, Laws of 1988, and to ensure that the
changes made in that chapter meet the constitutional requirements of Article
II, section 19 of the state Constitution." [1989 c 154 § 1.]
Severability—1989 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 154 § 14.]
49.26.016 Inspection of construction projects—Penalties. (1) Any owner or owner’s agent who allows the start
of any construction, renovation, remodeling, maintenance,
repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption
of the presence or reasonable certainty of the absence of
asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the
project as required under RCW 49.26.120 shall be subject to
a mandatory fine of not less than two hundred fifty dollars for
each violation. Each day the violation continues shall be considered a separate violation. In addition, any construction,
renovation, remodeling, maintenance, repair, or demolition
which was started without meeting the requirements of RCW
49.26.013 and 49.26.120 shall be halted immediately and
cannot be resumed before meeting such requirements.
(2) No contractor may commence any construction, renovation, remodeling, maintenance, repair or demolition
project without receiving the copy of the written report or
statement from the owner or the owner’s agent. Any contractor who begins any project without the copy of the written
report or statement shall be subject to a mandatory fine of not
less than two hundred and fifty dollars per day. Each day the
violation continues shall be considered a separate violation.
(3) The certificate of any asbestos contractor who knowingly violates any provision of this chapter or any rule
adopted under this chapter shall be revoked for a period of
not less than six months.
(4) The penalties imposed in this section are in addition
to any penalties under RCW 49.26.140. [1995 c 218 § 2;
1989 c 154 § 3. Prior: 1988 c 271 § 8.]
49.26.016
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.020 Asbestos use standards. Standards regulating the use of asbestos in construction or manufacturing shall
be established by the director of the department of labor and
industries, with the advice of the state health officer and the
department of ecology. Standards to be adopted shall
describe the types of asbestos that may be used in construction and manufacturing, the methods and procedures for their
use, and such other requirements as may be needed to protect
49.26.020
[Title 49 RCW—page 37]
49.26.030
Title 49 RCW: Labor Regulations
the public health and safety with respect to air-borne asbestos
particles and asbestos dust. [1973 c 30 § 2.]
49.26.030 Containers for asbestos products. Products
containing asbestos shall be stored in containers of types
approved by the director of the department of labor and
industries, with the advice of the state health officer and the
department of ecology. Containers of asbestos shall be
plainly marked "Asbestos—do not inhale" or other words to
the same effect. [1973 c 30 § 3.]
49.26.030
49.26.040 Regulations—Enforcement. The asbestos
use standards required under RCW 49.26.020 and the list of
approved container types required under RCW 49.26.030
shall be adopted as regulations of the department of labor and
industries. The department shall have the power to implement
and enforce such regulations. [1973 c 30 § 4.]
49.26.040
49.26.100 Asbestos projects—Definitions. Unless the
context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Asbestos abatement project" means an asbestos
project involving three square feet or three linear feet, or
more, of asbestos-containing material.
(2) "Asbestos project" means the construction, demolition, repair, maintenance, remodeling, or renovation of any
public or private building or mechanical piping equipment or
systems involving the demolition, removal, encapsulation,
salvage, or disposal of material, or outdoor activity, releasing
or likely to release asbestos fibers into the air.
(3) "Department" means the department of labor and
industries.
(4) "Director" means the director of the department of
labor and industries or the director’s designee.
(5) "Person" means any individual, partnership, firm,
association, corporation, sole proprietorship, or the state of
Washington or its political subdivisions.
(6) "Certified asbestos supervisor" means an individual
who is certified by the department to supervise an asbestos
project. A certified asbestos supervisor is not required for
projects involving less than three square feet or three linear
feet of asbestos-containing material.
(7) "Certified asbestos worker" means an individual who
is certified by the department to work on an asbestos project.
(8) "Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship registered under chapter 18.27 RCW that submits a bid or contracts to remove or encapsulate asbestos for another and is
certified by the department to remove or encapsulate asbestos.
(9) "Owner" means the owner of any public or private
building, structure, facility or mechanical system, or the
agent of such owner, but does not include individuals who
work on asbestos projects on their own single-family residences no part of which is used for any commercial purpose.
[1995 c 218 § 3; 1989 c 154 § 4. Prior: 1988 c 271 § 6; 1985
c 387 § 1.]
49.26.100
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
[Title 49 RCW—page 38]
49.26.110 Asbestos projects—Worker’s and supervisor’s certificates. (1) No employee or other individual is eligible to do work governed by this chapter unless issued a certificate by the department.
(2) To qualify for a certificate:
(a) Certified asbestos workers must have successfully
completed a four-day training course. Certified asbestos
supervisors must have completed a five-day training course.
Training courses shall be provided or approved by the department; shall cover such topics as the health and safety aspects
of the removal and encapsulation of asbestos, including but
not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring,
cleaning, and decontamination; and shall meet such additional qualifications as may be established by the department
by rule for the type of certification sought. The department
may require the successful completion of annual refresher
courses provided or approved by the department for continued certification as an asbestos worker or supervisor. However, the authority of the director to adopt rules implementing
this section is limited to rules that are specifically required,
and only to the extent specifically required, for the standards
to be as stringent as the applicable federal laws governing
work subject to this chapter; and
(b) All applicants for certification as asbestos workers or
supervisors must pass an examination in the type of certification sought which shall be provided or approved by the
department.
These requirements are intended to represent the minimum requirements for certification and shall not preclude
contractors or employers from providing additional education or training.
(3) The department shall provide for the reciprocal certification of any individual trained to engage in asbestos
projects in another state when the prior training is shown to
be substantially similar to the training required by the department. Nothing shall prevent the department from requiring
such individuals to take an examination or refresher course
before certification.
(4) The department may deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for failure of the
holder to comply with any requirement of this chapter or
chapter 49.17 RCW, or any rule adopted under those chapters, or applicable health and safety standards and regulations. In addition to any penalty imposed under RCW
49.26.016, the department may suspend or revoke any certificate issued under this chapter for a period of not less than six
months upon the following grounds:
(a) The certificate was obtained through error or fraud;
or
(b) The holder thereof is judged to be incompetent to
carry out the work for which the certificate was issued.
Before any certificate may be denied, suspended, or
revoked, the holder thereof shall be given written notice of
the department’s intention to do so, mailed by registered
mail, return receipt requested, to the holder’s last known
address. The notice shall enumerate the allegations against
such holder, and shall give him or her the opportunity to
request a hearing before the department. At such hearing, the
department and the holder shall have opportunity to produce
witnesses and give testimony.
49.26.110
(2008 Ed.)
Health and Safety—Asbestos
(5) A denial, suspension, or revocation order may be
appealed to the board of industrial insurance appeals within
fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with
the department or the board of industrial insurance appeals.
The board of industrial insurance appeals shall hold the hearing in accordance with procedures established in RCW
49.17.140. Any party aggrieved by an order of the board of
industrial insurance appeals may obtain superior court review
in the manner provided in RCW 49.17.150.
(6) Each person certified under this chapter shall display,
upon the request of an authorized representative of the
department, valid identification issued by the department.
[1995 c 218 § 4; 1989 c 154 § 5. Prior: 1988 c 271 § 10; 1985
c 387 § 2.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.115 Asbestos abatement projects—Contractor’s certificate required. Before working on an asbestos
abatement project, a contractor shall obtain an asbestos contractor’s certificate from the department and shall have in its
employ at least one certified asbestos supervisor who is
responsible for supervising all asbestos abatement projects
undertaken by the contractor and for assuring compliance
with all state laws and regulations regarding asbestos. The
contractor shall apply for certification renewal every year.
The department shall ensure that the expiration of the contractor’s registration and the expiration of his or her asbestos
contractor’s certificate coincide. [1995 c 218 § 5; 1989 c 154
§ 6. Prior: 1988 c 271 § 11.]
49.26.115
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.120 Asbestos projects—Qualified asbestos
workers and supervisor—Prenotification to department—Fire personnel. (1) No person may assign any
employee, contract with, or permit any individual or person
to remove or encapsulate asbestos in any facility unless performed by a certified asbestos worker and under the direct,
on-site supervision of a certified asbestos supervisor. In cases
in which an employer conducts an asbestos abatement project
in its own facility and by its own employees, supervision can
be performed in the regular course of a certified asbestos
supervisor’s duties. Asbestos workers must have access to
certified asbestos supervisors throughout the duration of the
project.
(2) The department shall require persons undertaking
asbestos projects to provide written notice to the department
before the commencement of the project except as provided
in RCW 49.26.125. The notice shall include a written
description containing such information as the department
requires by rule. The department may by rule allow a person
to report multiple projects at one site in one report. The
department shall by rule establish the procedure and criteria
by which a person will be considered to have attempted to
meet the prenotification requirement.
(3) The department shall consult with the state fire protection policy board, and may establish any additional policies and procedures for municipal fire department and fire
district personnel who clean up sites after fires which have
49.26.120
(2008 Ed.)
49.26.125
rendered it likely that asbestos has been or will be disturbed
or released into the air. [1995 c 218 § 6; 1989 c 154 § 7.
Prior: 1988 c 271 § 12; 1985 c 387 § 4.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.125
49.26.125 Prenotification to department—Exemptions. Prenotification to the department under RCW
49.26.120 shall not be required for:
(1)(a) Any asbestos project involving less than fortyeight square feet of surface area, or less than ten linear feet of
pipe unless the surface area of the pipe is greater than fortyeight square feet. The person undertaking such a project shall
keep the reports, or statements, and written descriptions
required under RCW 49.26.013 and 49.26.120 which shall be
available upon request of the department. Employees and
employee representatives may request such reports under
RCW 49.26.013(2).
(b) The director may waive the prenotification requirement upon written request of an owner for large-scale, ongoing projects. In granting such a waiver, the director shall
require the owner to provide prenotification if significant
changes in personnel, methodologies, equipment, work site,
or work procedures occur or are likely to occur. The director
shall further require annual resubmittal of such notification.
(c) The director, upon review of an owner’s reports,
work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the
size threshold for prenotification required by this section.
Such a change shall be based on the director’s determination
that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential
for violations of this chapter or asbestos requirements under
chapter 49.17 RCW. The new prenotification requirements
shall be given in writing to the owner and shall remain in
effect until modified or withdrawn in writing by the director.
(2) Emergency projects.
(a) As used in this section, "emergency project" means a
project that was not planned and results from a sudden, unexpected event, and does not include operations that are necessitated by nonroutine failure of equipment or systems.
(b) Emergency projects which disturb or release any
material containing asbestos into the air shall be reported to
the department within three working days after the commencement of the project in the manner otherwise required
under this chapter. A notice shall be clearly posted adjacent
to the work site describing the nature of the emergency
project. The employees’ collective bargaining representatives, or employee representatives, or designated representatives, if any, shall be notified of the emergency as soon as
possible by the person undertaking the emergency project.
Incremental phasing in the conduct or design of asbestos
projects or otherwise designing or conducting asbestos
projects of a size less than forty-eight square feet, or other
threshold for exemption as provided under this section, with
the intent of avoiding prenotification requirements is a violation of this chapter. [1989 c 154 § 8. Prior: 1988 c 271 § 13.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
[Title 49 RCW—page 39]
49.26.130
Title 49 RCW: Labor Regulations
49.26.130 Asbestos projects—Rules—Fees—Asbestos account. (1) The department shall administer this chapter.
(2) The director of the department shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to
carry out this chapter.
(3) The department shall prescribe fees for the issuance
and renewal of certificates, including recertification, and the
administration of examinations, and for the review of training
courses.
(4) The asbestos account is hereby established in the
state treasury. All fees collected under this chapter shall be
deposited in the account. Moneys in the account shall be
spent after appropriation only for costs incurred by the
department in the administration and enforcement of this
chapter. Disbursements from the account shall be on authorization of the director of the department or the director’s designee.
(5) During the 2003-2005 fiscal biennium, the legislature
may transfer from the asbestos account to the state general
fund such amounts as reflect the excess fund balance in the
account. [2003 1st sp.s. c 25 § 924; 1989 c 154 § 9. Prior:
1988 c 271 § 15; 1987 c 219 § 1; 1985 c 387 § 3.]
49.26.130
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.140 Asbestos projects—Enforcement—Penalties. (1) Unless specifically provided otherwise by statute,
this chapter shall be implemented and enforced, including
penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial safety and
health act, chapter 49.17 RCW.
(2) A person or individual who previously has been
assessed a civil penalty under this section, and who knowingly violates a provision of RCW 49.26.110 through
49.26.130 or a rule adopted pursuant to RCW 49.26.110
through 49.26.130 is guilty of a misdemeanor. [1987 c 219 §
2; 1985 c 387 § 5.]
49.26.140
49.26.150 Discrimination against employee filing
complaint prohibited. Any employee who notifies the
department of any activity the employee reasonably believes
to be a violation of this chapter or any rule adopted under this
chapter or who participates in any proceeding related thereto
shall have the same rights and protections against discharge
or discrimination as employees are afforded under chapter
49.17 RCW. [1989 c 154 § 10. Prior: 1988 c 271 § 16.]
49.26.150
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.900 Severability—1973 c 30. If any provision of
this 1973 act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1973 c 30 § 5.]
49.26.900
49.26.901 Effective dates—1988 c 271 §§ 6-18. Sections 15, as reenacted and amended in 1989, and 18, chapter
271, Laws of 1988, are necessary for the immediate preserva-
tion of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall
take effect as of March 24, 1988. Sections 6 through 8, 10
through 13, and 16, chapter 271, Laws of 1988, as reenacted
or amended and reenacted in 1989, shall take effect as of January 1, 1989. [1989 c 154 § 11. Prior: 1988 c 271 § 19.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
Chapter 49.28
Chapter 49.28 RCW
HOURS OF LABOR
Sections
49.28.010
49.28.040
49.28.050
49.28.060
49.28.065
49.28.080
49.28.100
49.28.120
49.28.130
49.28.140
49.28.150
Eight hour day, 1899 act—Public works contracts—Emergency overtime—Penalty.
Eight hour day, 1903 act—Policy enunciated.
Eight hour day, 1903 act—Contracts, cancellation of, for violations.
Eight hour day, 1903 act—Stipulation in contracts—Duty of
officers.
Public works employees—Agreements to work ten hour day.
Hours of domestic employees—Exception—Penalty.
Hours of operators of power equipment in waterfront operations—Penalty.
Employer’s duty to provide time to vote.
Hours of health care facility employees—Definitions.
Hours of health care facility employees—Mandatory overtime
prohibited—Exceptions.
Hours of health care facility employees—Penalties.
Child labor: RCW 26.28.060, 26.28.070.
Hours of labor for public institutions personnel: RCW 72.01.042,
72.01.043.
Prevailing wages must be paid on public works: RCW 39.12.020.
49.28.010 Eight hour day, 1899 act—Public works
contracts—Emergency overtime—Penalty. (1) Hereafter
eight hours in any calendar day shall constitute a day’s work
on any work done for the state or any county or municipality
within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any
building or improvements or works on roads, bridges, streets,
alleys, or buildings for the state or any county or municipality
within the state, shall be done under the provisions of this
section. In cases of extraordinary emergency such as danger
to life or property, the hours for work may be extended, but in
such case the rate of pay for time employed in excess of eight
hours of each calendar day, shall be one and one-half times
the rate of pay allowed for the same amount of time during
eight hours’ service. And for this purpose this section is
made a part of all contracts, subcontracts, or agreements for
work done for the state or any county or municipality within
the state.
(3) Any contractor, subcontractor, or agent of contractor
or subcontractor, foreman, or employer who violates this section is guilty of a misdemeanor and shall be fined a sum not
less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less
than ten days nor more than ninety days, or both such fine and
imprisonment, at the discretion of the court. [2003 c 53 §
274; 1899 c 101 § 1; RRS § 7642.]
49.28.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.26.901
[Title 49 RCW—page 40]
49.28.040 Eight hour day, 1903 act—Policy enunciated. That it is a part of the public policy of the state of
49.28.040
(2008 Ed.)
Hours of Labor
Washington that all work "by contract or day labor done" for
it, or any political subdivision created by its laws, shall be
performed in work days of not more than eight hours each,
except in cases of extraordinary emergency. No case of
extraordinary emergency shall be construed to exist in any
case where other labor can be found to take the place of labor
which has already been employed for eight hours in any calendar day. [1903 c 44 § 1; RRS § 7645.]
49.28.050 Eight hour day, 1903 act—Contracts, cancellation of, for violations. All contracts for work for the
state of Washington, or any political subdivision created by
its laws, shall provide that they may be canceled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in
accordance with the policy of the state relating to such work.
[1903 c 44 § 2; RRS § 7646.]
49.28.050
49.28.060 Eight hour day, 1903 act—Stipulation in
contracts—Duty of officers. It is made the duty of all officers or agents authorized to contract for work to be done in
behalf of the state of Washington, or any political subdivision
created under its laws, to stipulate in all contracts as provided
for in RCW 49.28.040 through 49.28.060, and all such officers and agents, and all officers and agents entrusted with the
supervision of work performed under such contracts, are
authorized, and it is made their duty, to declare any contract
canceled, the execution of which is not in accordance with
the public policy of this state as herein declared. [1903 c 44
§ 3; RRS § 7647.]
49.28.060
49.28.065 Public works employees—Agreements to
work ten hour day. Notwithstanding the provisions of
RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees
in which the employees work up to ten hours in a calendar
day. No such agreement may provide that the employees
work ten-hour days for more than four calendar days a week.
Any such agreement is subject to approval by the employees.
The overtime provisions of *RCW 49.28.020 shall not apply
to the hours, up to forty hours per week, worked pursuant to
agreements entered into under this section. [1988 c 121 § 1.]
49.28.065
*Reviser’s note: RCW 49.28.020 was repealed by 2003 c 53 § 421,
effective July 1, 2003.
49.28.080 Hours of domestic employees—Exception—Penalty. (1) No male or female household or domestic employee shall be employed by any person for a longer
period than sixty hours in any one week. Employed time
shall include minutes or hours when the employee has to
remain subject to the call of the employer and when the
employee is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be
employed for a longer period than sixty hours.
(3) Any employer violating this section is guilty of a
misdemeanor. [2003 c 53 § 275; 1937 c 129 § 1; RRS §
7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 §
2; RRS § 7651-2, now codified as RCW 49.28.082. (ii) 1937
c 129 § 4; RRS § 7651-4, now codified as RCW 49.28.084.]
49.28.130
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1937 c 129: "In the event any part of this act is held
invalid such invalidity shall not affect the validity of the remainder of this
act." [1937 c 129 § 3.] This applies to RCW 49.28.080 through 49.28.084.
49.28.100 Hours of operators of power equipment in
waterfront operations—Penalty. (1) It shall be unlawful
for any employer to permit any of his or her employees to
operate on docks, in warehouses and/or in or on other waterfront properties any power driven mechanical equipment for
the purpose of loading cargo on, or unloading cargo from,
ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of twelve
and one-half hours at any one time without giving such person an interval of eight hours’ rest: PROVIDED, HOWEVER, The provisions of this section shall not be applicable
in cases of emergency, including fire, violent storms, leaking
or sinking ships or services required by the armed forces of
the United States.
(2) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 276; 1953 c 271 § 1.]
49.28.100
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.28.120 Employer’s duty to provide time to vote.
(1) Except as provided in subsection (2) of this section, every
employer shall arrange employees’ working hours on the day
of a primary or election, general or special, so that each
employee will have a reasonable time up to two hours available for voting during the hours the polls are open as provided by *RCW 29.13.080.
If an employee’s work schedule does not give the
employee two free hours during the time the polls are open,
not including meal or rest breaks, the employer shall permit
the employee to take a reasonable time up to two hours from
the employee’s work schedule for voting purposes. In such a
case, the employer shall add this time to the time for which
the employee is paid.
(2) The provisions of this section apply only if, during
the period between the time an employee is informed of his or
her work schedule for a primary or election day and the date
of the primary or election, there is insufficient time for an
absentee ballot to be secured for that primary or election.
[1987 c 296 § 1.]
49.28.120
*Reviser’s note: RCW 29.13.080 was recodified as RCW 29A.44.070
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
49.28.080
(2008 Ed.)
49.28.130 Hours of health care facility employees—
Definitions. The definitions in this section apply throughout
this section and RCW 49.28.140 and 49.28.150 unless the
context clearly requires otherwise.
(1) "Employee" means a licensed practical nurse or a
registered nurse licensed under chapter 18.79 RCW
employed by a health care facility who is involved in direct
patient care activities or clinical services and receives an
hourly wage.
(2) "Employer" means an individual, partnership, association, corporation, state institution, political subdivision of
the state, or person or group of persons, acting directly or
indirectly in the interest of a health care facility.
49.28.130
[Title 49 RCW—page 41]
49.28.140
Title 49 RCW: Labor Regulations
(3) "Health care facility" means the following facilities,
or any part of the facility, that operates on a twenty-four
hours per day, seven days per week basis: Hospices licensed
under chapter 70.127 RCW, hospitals licensed under chapter
70.41 RCW, rural health care facilities as defined in RCW
70.175.020, and psychiatric hospitals licensed under chapter
71.12 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state.
If a nursing home regulated under chapter 18.51 RCW or a
home health agency regulated under chapter 70.127 RCW is
operating under the license of a health care facility, the nursing home or home health agency is considered part of the
health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an
agreed upon, predetermined, regularly scheduled shift within
a twenty-four hour period not to exceed twelve hours in a
twenty-four hour period or eighty hours in a consecutive
fourteen-day period.
(5) "On-call time" means time spent by an employee
who is not working on the premises of the place of employment but who is compensated for availability or who, as a
condition of employment, has agreed to be available to return
to the premises of the place of employment on short notice if
the need arises.
(6) "Reasonable efforts" means that the employer, to the
extent reasonably possible, does all of the following but is
unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time
from all available qualified staff who are working;
(b) Contacts qualified employees who have made themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency
when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.
(7) "Unforeseeable emergent circumstance" means (a)
any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic
event which substantially affects or increases the need for
health care services. [2002 c 112 § 2.]
Finding—2002 c 112: "Washington state is experiencing a critical
shortage of qualified, competent health care workers. To safeguard the
health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of
public policy, that required overtime work should be limited with reasonable
safeguards in order to ensure that the public will continue to receive safe,
quality care." [2002 c 112 § 1.]
49.28.140 Hours of health care facility employees—
Mandatory overtime prohibited—Exceptions. (1) No
employee of a health care facility may be required to work
overtime. Attempts to compel or force employees to work
overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is
void.
(2) The acceptance by any employee of overtime is
strictly voluntary, and the refusal of an employee to accept
such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for
discipline, or employment decision adverse to the employee.
49.28.140
[Title 49 RCW—page 42]
(3) This section does not apply to overtime work that
occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time;
(c) When the employer documents that the employer has
used reasonable efforts to obtain staffing. An employer has
not used reasonable efforts if overtime work is used to fill
vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to
complete a patient care procedure already in progress where
the absence of the employee could have an adverse effect on
the patient. [2002 c 112 § 3.]
Finding—2002 c 112: See note following RCW 49.28.130.
49.28.150 Hours of health care facility employees—
Penalties. The department of labor and industries shall
investigate complaints of violations of RCW 49.28.140. A
violation of RCW 49.28.140 is a class 1 civil infraction in
accordance with chapter 7.80 RCW, except that the maximum penalty is one thousand dollars for each infraction up to
three infractions. If there are four or more violations of RCW
49.28.140 for a health care facility, the employer is subject to
a fine of two thousand five hundred dollars for the fourth violation, and five thousand dollars for each subsequent violation. The department of labor and industries is authorized to
issue and enforce civil infractions according to chapter 7.80
RCW. [2002 c 112 § 4.]
49.28.150
Finding—2002 c 112: See note following RCW 49.28.130.
Chapter 49.30
Chapter 49.30 RCW
AGRICULTURAL LABOR
Sections
49.30.005
49.30.010
49.30.020
49.30.040
49.30.900
49.30.901
Intent—Duties of department.
Definitions.
Hours and pay, recordkeeping.
Violation of chapter—Civil infraction.
Severability—1989 c 380.
Conflict with federal requirements—1989 c 380.
49.30.005 Intent—Duties of department. It is the
intent of the legislature that the department assist agricultural
employers in mitigating the costs of the state’s unemployment insurance program. The department shall work with
members of the agricultural community to: Improve understanding of the program’s operation; increase compliance
with work-search requirements; provide prompt notification
of potential claims against an employer’s experience rating;
inform employers of their rights; inform employers of the
actions necessary to appeal a claim and to protect their rights;
and reduce claimant and employer fraud. These efforts shall
include:
(1) Conducting employer workshops and community
seminars;
(2) Developing new educational materials; and
(3) Developing forms that use lay language. [1998 c 245
§ 99; 1991 c 31 § 1; 1990 c 245 § 10; 1989 c 380 § 82.]
49.30.005
Conflict with federal requirements—1990 c 245: See note following
RCW 50.04.030.
(2008 Ed.)
Injunctions in Labor Disputes
49.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural employment" or "employment" means
employment in agricultural labor as defined in RCW
50.04.150.
(2) "Department" means the department of labor and
industries.
(3) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this
state and employs one or more employees.
(4) "Employee" means a person employed in agricultural
employment, and includes a person who is working under an
independent contract the essence of which is personal labor
in agricultural employment whether by way of manual labor
or otherwise. However, "employee" shall not include immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity, or officers of any closely held corporation engaged in agricultural
production of crops or livestock.
(5) "Minor" means an employee who is under the age of
eighteen years. [1989 c 380 § 83.]
49.30.010
49.30.020 Hours and pay, recordkeeping. (1) Each
employer required to keep employment records under RCW
49.46.070, shall retain such records for three years.
(2) Each employer shall furnish to each employee at the
time the employee’s wages are paid an itemized statement
showing the pay basis in hours or days worked, the rate or
rates of pay, the gross pay, and all deductions from the pay
for the respective pay period. [1989 c 380 § 84.]
49.30.020
49.30.040 Violation of chapter—Civil infraction.
Any violation of the provisions of this chapter or rules
adopted hereunder shall be a class I civil infraction. The
director shall have the authority to issue and enforce civil
infractions according to chapter 7.80 RCW. [1989 c 380 §
86.]
49.30.040
49.30.900 Severability—1989 c 380.
15.58.942.
49.30.900
See RCW
49.32.900
49.32.910
49.32.030
Severability—1933 ex.s. c 7.
General repealer.
Labor unions—Injunctions in labor disputes—1919 act: Chapter 49.36
RCW.
49.32.011 Injunctions in labor disputes. No court of
the state of Washington or any judge or judges thereof shall
have jurisdiction to issue any restraining order or temporary
or permanent injunction in a case involving or growing out of
a labor dispute, except in a strict conformity with the provisions of this chapter; nor shall any such restraining order or
temporary or permanent injunction be issued contrary to the
public policy declared in this chapter. [1933 ex.s. c 7 § 1;
RRS § 7612-1. Cf. 1919 c 185 § 2. Formerly RCW
49.32.040.]
49.32.011
Injunctions in labor disputes: RCW 49.36.015.
49.32.020 Policy enunciated. In the interpretation of
this chapter and in determining the jurisdiction and authority
of the courts of the state of Washington, as such jurisdiction
and authority are herein defined and limited, the public policy
of the state of Washington is hereby declared as follows:
WHEREAS, Under prevailing economic conditions,
developed with the aid of governmental authority for owners
of property to organize in the corporate and other forms of
ownership association, the individual unorganized worker is
commonly helpless to exercise actual liberty of contract and
to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though
he should be free to decline to associate with his fellows, it is
necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment,
and that he shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation
of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or
other mutual aid or protections; therefore, the following definitions of, and limitations upon, the jurisdiction and authority
of the courts of the state of Washington are hereby enacted.
[1933 ex.s. c 7 § 2; RRS § 7612-2.]
49.32.020
49.32.030 Undertakings and promises unenforceable. Any undertaking or promise, such as is described in
this section, or any other undertaking or promise in conflict
with the public policy declared in RCW 49.32.020, is hereby
declared to be contrary to the public policy of the state of
Washington, shall not be enforceable in any court of the state
of Washington, and shall not afford any basis for the granting
of legal or equitable relief by any such court, including specifically the following:
Every undertaking or promise hereafter made, whether
written or oral, express or implied, constituting or contained
in any contract or agreement of hiring or employment
between any individual, firm, company, association, or corporation and any employee or prospective employee of the
same, whereby—
(1) Either party to such contract or agreement undertakes
or promises not to join, become, or remain a member of any
labor organization or of any employer organization; or
49.32.030
49.30.901 Conflict with federal requirements—1989
c 380. See note following RCW 50.04.150.
49.30.901
Chapter 49.32
Chapter 49.32 RCW
INJUNCTIONS IN LABOR DISPUTES
Sections
49.32.011
49.32.020
49.32.030
49.32.050
49.32.060
49.32.070
49.32.072
49.32.073
49.32.074
49.32.080
49.32.090
49.32.100
49.32.110
(2008 Ed.)
Injunctions in labor disputes.
Policy enunciated.
Undertakings and promises unenforceable.
Jurisdiction of courts.
Concert of action immaterial.
Responsibility of associations.
Injunctions—Hearings and findings—Temporary orders—
Security.
Injunctions—Complaints, conditions precedent.
Injunctions—Findings and order essential.
Appellate review.
Contempt—Speedy jury trial.
Contempt—Retirement of judge.
Definitions.
[Title 49 RCW—page 43]
49.32.050
Title 49 RCW: Labor Regulations
(2) Either party to such contract or agreement undertakes
or promises that he will withdraw from an employment relation in the event that he joins, becomes, or remains a member
of any labor organization or of any employer organization.
[1933 ex.s. c 7 § 3; RRS § 7612-3.]
49.32.050 Jurisdiction of courts. No court of the state
of Washington shall have jurisdiction to issue any restraining
order or temporary or permanent injunction in any case
involving or growing out of any labor dispute or prohibit any
person or persons participating or interested in such dispute
(as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:
(1) Ceasing or refusing to perform any work or to remain
in any relation of employment;
(2) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any
such undertaking or promise as is described in RCW
49.32.030;
(3) Paying or giving to, or withholding from, any person
participating or interested in such labor dispute any strike or
unemployment benefits or insurance or other moneys or
things of value;
(4) By all lawful means aiding any person participating
or interested in any labor dispute who is being proceeded
against in, or is prosecuting, any action or suit in any court of
the United States or of any state;
(5) Giving publicity to the existence of, or the facts
involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or
violence;
(6) Assembling peaceably to act or to organize to act in
promotion of their interests in a labor dispute;
(7) Advising or notifying any person of an intention to
do any of the acts heretofore specified;
(8) Agreeing with other persons to do or not to do any of
the acts heretofore specified; and
(9) Advising, urging, or otherwise causing or inducing
without fraud or violence the acts heretofore specified,
regardless of any such undertaking or promise as is described
in RCW 49.32.030. [1933 ex.s. c 7 § 4; RRS § 7612-4.]
49.32.050
49.32.060 Concert of action immaterial. No court of
the state of Washington or any judge or judges thereof shall
have jurisdiction to issue a restraining order or temporary or
permanent injunction upon the ground that any of the persons
participating or interested in a labor dispute constitute or are
engaged in an unlawful combination or conspiracy because
of the doing in concert of the acts enumerated in RCW
49.32.050. [1933 ex.s. c 7 § 5; RRS § 7612-5.]
49.32.060
49.32.070 Responsibility of associations. No officer or
member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the
state of Washington for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual
participation in, or actual authorization of, such acts, or of
ratification of such acts after actual knowledge thereof.
[1933 ex.s. c 7 § 6; RRS § 7612-6.]
49.32.070
[Title 49 RCW—page 44]
49.32.072 Injunctions—Hearings and findings—
Temporary orders—Security. No court of the state of
Washington or any judge or judges thereof shall have jurisdiction to issue a temporary or permanent injunction in any
case involving or growing out of a labor dispute, as herein
defined, except after hearing the testimony of witnesses in
open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and
testimony in opposition thereto, if offered, and except after
findings of fact by the court, to the effect—
(1) That unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat
or unlawful act excepting against the person or persons, association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same
after actual knowledge thereof;
(2) That substantial and irreparable injury to complainant’s property will follow;
(3) That as to each item of relief granted greater injury
will be inflicted upon complainant by the denial of relief than
will be inflicted upon defendants by the granting of relief;
(4) That complainant has no adequate remedy at law; and
(5) That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish
adequate protection.
Such hearing shall be held after due and personal notice
thereof has been given, in such manner as the court shall
direct, to all persons against whom relief is sought, and also
to the chief of those public officials of the county and city
within which the unlawful acts have been threatened or committed charged with the duty to protect complainant’s property: PROVIDED, HOWEVER, That if a complainant shall
also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under
oath, sufficient, if sustained, to justify the court in issuing a
temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than
five days and shall become void at the expiration of said five
days. No temporary restraining order or temporary injunction
shall be issued except on condition that complainant shall
first file an undertaking with adequate security in an amount
to be fixed by the court sufficient to recompense those
enjoined for any loss, expense, or damage caused by the
improvident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney’s fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the
same proceeding and subsequently denied by the court.
The undertaking herein mentioned shall be understood to
signify an agreement entered into by the complainant and the
surety upon which a decree may be rendered in the same suit
or proceeding against said complainant and surety, upon a
hearing to assess damages of which hearing complainant and
surety shall have reasonable notice, the said complainant and
surety submitting themselves to the jurisdiction of the court
for that purpose. But nothing herein contained shall deprive
any party having a claim or cause of action under or upon
49.32.072
(2008 Ed.)
Injunctions in Labor Disputes
such undertaking from electing to pursue his ordinary remedy
by suit at law or in equity. [1933 ex.s. c 7 § 7; RRS § 76127.]
Reviser’s note: This section was declared unconstitutional in Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.073 Injunctions—Complaints, conditions precedent. No restraining order or injunctive relief shall be
granted to any complainant who has failed to comply with
any obligation imposed by law which is involved in the labor
dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with
the aid of any available governmental machinery of mediation or voluntary arbitration. [1933 ex.s. c 7 § 8; RRS § 76128.]
49.32.073
Reviser’s note: This section was declared unconstitutional in Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.074 Injunctions—Findings and order essential.
No restraining order or temporary or permanent injunction
shall be granted in a case involving or growing out of a labor
dispute, except on the basis of findings of fact made and filed
by the court in the record of the case prior to the issuance of
such restraining order or injunction; and every restraining
order or injunction granted in a case involving or growing out
of a labor dispute, shall include only a prohibition of such
specific act or acts as may be expressly complained of in the
complaint or petition filed in such case and as shall be
expressly included in said findings of fact made and filed by
the court as provided herein. [1933 ex.s. c 7 § 9; RRS § 76129.]
49.32.074
Reviser’s note: This section was declared unconstitutional in Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.080 Appellate review. Whenever any court of
the state of Washington shall issue or deny any temporary
injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his filing the usual bond for costs, forthwith
certify the entire record of the case, including a transcript of
the evidence taken, to the supreme court or the court of
appeals for its review. Upon the filing of such record in the
supreme court or the court of appeals, the appeal shall be
heard and the temporary injunctive order affirmed, modified,
or set aside with the greatest possible expedition, giving the
proceedings precedence over all other matters except older
matters of the same character. [1971 c 81 § 116; 1933 ex.s. c
7 § 10; RRS § 7612-10.]
49.32.080
Rules of court: Appeal procedure superseded by RAP 2.1, 2.2, 18.22.
49.32.090 Contempt—Speedy jury trial. In all cases
arising under this chapter in which a person shall be charged
with contempt in a court of the state of Washington, the
accused shall enjoy the right to a speedy and public trial by an
impartial jury of the county wherein the contempt shall have
been committed: PROVIDED, That this right shall not apply
to contempts committed in the presence of the court or so
near thereto as to interfere directly with the administration of
justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs,
49.32.090
(2008 Ed.)
49.32.900
orders, or process of the court. [1933 ex.s. c 7 § 11; RRS §
7612-11.]
49.32.100
49.32.100 Contempt—Retirement of judge. The
defendant in any proceeding for contempt of court may file
with the court a demand for the retirement of the judge sitting
in the proceeding, if the contempt arises from an attack upon
the character or conduct of such judge and if the attack
occurred elsewhere than in the presence of the court or so
near thereto as to interfere directly with the administration of
justice. Upon the filing of any such demand the judge shall
thereupon proceed no further, but another judge shall be designated in the same manner as provided by law. The demand
shall be filed prior to the hearing of the contempt proceeding.
[1933 ex.s. c 7 § 12; RRS § 7612-12.]
Civil procedure—Prejudice of judge—Change of venue: RCW 4.12.040.
49.32.110
49.32.110 Definitions. When used in this chapter, and
for the purpose of this chapter—
(1) A case shall be held to involve or to grow out of a
labor dispute when the case involves persons who are
engaged in the same industry, trade, or occupation; or have
direct or indirect interests therein; or who are employees of
the same employer; or who are members of the same or an
affiliated organization of employers or employees; whether
such dispute is (a) between one or more employers or associations of employers and one or more employees or associations of employees; (b) between one or more employers or
associations of employers and one or more employers or
association of employers; or (c) between one or more
employees or association of employees and one or more
employees or association of employees; or when the case
involves any conflicting or competing interests in a "labor
dispute" (as hereinafter defined) of "persons participating or
interested" therein (as hereinafter defined).
(2) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is sought
against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which dispute occurs, or has
a direct or indirect interest therein or is a member, officer, or
agent of any association composed in whole or in part of
employers or employees engaged in such industry, trade,
craft, or occupation.
(3) The term "labor dispute" includes any controversy
concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms or conditions of employment, regardless of whether or
not the disputants stand in the proximate relation of employer
and employee. [1933 ex.s. c 7 § 13; RRS § 7612-13. Formerly RCW 49.32.010.]
49.32.900
49.32.900 Severability—1933 ex.s. c 7. If any provision of this chapter or the application thereof to any person or
circumstance is held unconstitutional, or otherwise invalid,
the remaining provisions of the chapter and the application of
such provisions to other persons or circumstances shall not be
affected thereby. [1933 ex.s. c 7 § 14; RRS § 7612-14.]
[Title 49 RCW—page 45]
49.32.910
Title 49 RCW: Labor Regulations
49.32.910 General repealer. All acts and parts of acts
in conflict with the provisions of this chapter are hereby
repealed. [1933 ex.s. c 7 § 15; RRS § 7612-15.]
49.32.910
Chapter 49.36
Chapter 49.36 RCW
LABOR UNIONS
Sections
49.36.010
49.36.015
49.36.020
49.36.030
Unions legalized.
Injunctions in labor disputes.
Employment contracts—Remedy for violation.
Prosecutions prohibited.
Collective bargaining with employees of city owned utilities: RCW
35.22.350.
Discrimination—Unfair practices: RCW 49.60.180 through 49.60.215,
49.60.220.
Prohibited practices: Chapter 49.44 RCW.
Supervisor of industrial relations: RCW 43.22.260.
49.36.010 Unions legalized. It shall be lawful for working men and women to organize themselves into, or carry on
labor unions for the purpose of lessening the hours of labor or
increasing the wages or bettering the conditions of the members of such organizations; or carry out their legitimate purposes by any lawful means. [1919 c 185 § 1; RRS § 7611.]
Injunctions in labor disputes: RCW 49.32.011.
49.36.030 Prosecutions prohibited. No person shall be
indicted, prosecuted, or tried in any court of this state for
entering into or carrying on any lawful arrangement, agreement, or combination between themselves made with a view
of lessening the number of hours of labor or increasing wages
or bettering the conditions of working men and women, or for
any lawful act done in pursuance thereof. [1919 c 185 § 4;
RRS § 7614.]
49.36.030
Chapter 49.38
Sections
49.38.010
49.38.020
49.38.030
49.38.040
49.36.010
49.36.015 Injunctions in labor disputes. No restraining order or injunction shall be granted by any court of this
state, or any judge or judges thereof in any case between an
employer and employee or between employer and employees
or between employees or between persons employed and persons seeking employment involving or growing out of a dispute concerning terms or conditions of employment, unless
necessary to prevent irreparable damage to property or to a
personal right or to a property right of the party making the
application, for which injury there is no adequate remedy at
law, and such petition must be in writing describing such
damage or injury feared by the applicant, and sworn to by the
applicant or his agent or attorney. No such restraining order
or injunction shall prohibit any such person or persons,
whether singly or in concert, from terminating any relation of
employment or from ceasing to perform any work or labor; or
from paying or giving to, or withholding from any person
engaged in such dispute, any strike benefits or other moneys
or things of value; or from doing any act or thing which might
lawfully be done in the absence of such dispute by any party
thereto; nor shall any of the acts specified in this section be
considered or held to be illegal or unlawful in any court of the
state. [1919 c 185 § 2; RRS § 7612.]
49.36.015
Labor disputes: Chapter 49.32 RCW.
49.36.020 Employment contracts—Remedy for violation. The labor of a human being is not a commodity or
article of commerce, and the right to enter into the relation of
employer and employee or to change that relation except in
violation of contract is a legal right. In all cases involving the
violation of the contract of employment, either by the
employee or employer where no irreparable damage is about
to be done to the property, personal rights or property rights
of either, no injunction shall be granted, but the parties shall
be left to their remedy at law. [1919 c 185 § 3; RRS § 7613.]
49.36.020
[Title 49 RCW—page 46]
Chapter 49.38 RCW
THEATRICAL ENTERPRISES
49.38.050
49.38.060
49.38.070
49.38.900
Definitions.
Payment of wages—Cash deposit or bond required.
Action to require cash deposit or bond.
Payment of wages—Action against cash deposit or bond—
Limitations.
Recovery of attorney’s fees and costs.
Penalty.
Department to adopt rules.
Severability—1984 c 89.
49.38.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) Department means the department of labor and
industries.
(2) Theatrical enterprise means the production of any circus, vaudeville, carnival, revue, variety show, musical comedy, operetta, opera, drama, endurance contest, marathon,
walkathon, or any other entertainment event where persons
are a part of the enterprise’s presentation. Theatrical enterprise does not include a program of a radio or television station operating pursuant to a license issued by the federal communications commission or any event produced by a nonprofit cultural or artistic organization that has been located in
a community for at least two years. [1984 c 89 § 1.]
49.38.010
49.38.020 Payment of wages—Cash deposit or bond
required. (1) Any person engaged in the business of promoting a theatrical enterprise in this state shall deposit with the
department the cash or a bond issued by a surety company
authorized to do business in this state in an amount determined sufficient by the department to pay the wages of every
person involved in the production of the theatrical enterprise
for the period for which a single payment of wages is made,
but not to exceed one week.
(2) The deposit required under subsection (1) of this section shall be on file with the department seven calendar days
before the commencement of the theatrical enterprise. [1984
c 89 § 2.]
49.38.020
49.38.030 Action to require cash deposit or bond. If
a person engaged in the business of promoting a theatrical
enterprise fails to deposit cash or the bond required under
RCW 49.38.020, the department may bring an action in the
superior court to compel such person to deposit the cash or
bond or cease doing business until he or she has done so.
[1984 c 89 § 3.]
49.38.030
(2008 Ed.)
Seasonal Labor
49.38.040 Payment of wages—Action against cash
deposit or bond—Limitations. Any person having a claim
for wages against a person engaged in the business of promoting a theatrical enterprise may bring an action against the
bond or cash deposit in the district or superior court of the
county in which the theatrical enterprise is produced or any
county in which the principal on the bond resides or conducts
business. An action against the bond may be brought against
the named surety without joining the principal named in the
bond. The liability of the surety shall not exceed the amount
named in the bond. Any action brought under this chapter
shall be commenced within one year after the completion of
the work for which wages are alleged to be due and owing
under this chapter. If a cash deposit has been made in lieu of
a surety bond and if judgment is entered against the depositor
and deposit, then the department shall upon receipt of a certified copy of a final judgment within one year of the date of
entry of such judgment pay the judgment from the deposit.
The priority of payment by the department shall be the order
of receipt by the department, but the department shall have no
liability for payment in excess of the amount of the deposit.
[1984 c 89 § 4.]
49.38.040
49.38.050 Recovery of attorney’s fees and costs. In an
action brought pursuant to RCW 49.38.040, the prevailing
party is entitled to reasonable attorney’s fees and costs.
[1984 c 89 § 5.]
49.38.050
49.38.060 Penalty. Any person who violates this chapter is guilty of a gross misdemeanor. [1984 c 89 § 6.]
49.38.060
49.38.070 Department to adopt rules. The department
may adopt rules under chapter 34.05 RCW to carry out the
provisions of this chapter. [1984 c 89 § 7.]
49.38.070
49.38.900 Severability—1984 c 89. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 89 § 8.]
49.38.900
Chapter 49.40
Chapter 49.40 RCW
SEASONAL LABOR
Sections
49.40.010
49.40.020
49.40.030
49.40.040
49.40.050
49.40.060
49.40.070
49.40.080
Seasonal labor defined.
Contracts to be in writing—Advances.
Fraud in securing advances—Penalty.
Disputes determined by director of labor and industries.
Hearings.
Findings and award.
Appeal.
Findings and award as evidence.
49.40.060
paid in this state at the termination of such employment:
PROVIDED, That this chapter shall not apply to wages
earned by seamen or other persons where the payment of
their wages is regulated by federal statutes. [1919 c 191 § 1;
RRS § 7603.]
49.40.020 Contracts to be in writing—Advances.
Every contract for seasonal labor shall be in writing and
signed by the employer and the employee, and may provide
for advances of moneys to be earned under such contract or
for the furnishing of supplies to the employee before the
wages are earned, and for the payment of money or the furnishing of supplies during the season. [1919 c 191 § 2; RRS
§ 7604.]
49.40.020
49.40.030
49.40.030 Fraud in securing advances—Penalty.
Every employee who with intent to defraud shall have
secured advances of money or supplies under a contract for
seasonable labor and who with intent to defraud shall wilfully
fail to perform sufficient labor to compensate for such
advances and supplies made under such contract shall be
guilty of a gross misdemeanor. [1919 c 191 § 3; RRS §
7605.]
49.40.040
49.40.040 Disputes determined by director of labor
and industries. Upon the written petition of either the
employer or the employee setting forth in ordinary and concise language the facts and questions in dispute, the director
of labor and industries shall, in person or by his duly authorized deputy, and is hereby authorized to hear and determine
all disputes concerning wages earned at seasonal labor, and
allow or reject deductions made from such wages for moneys
advanced or supplies furnished before the wages are earned
for money paid or supplies furnished during the season or for
money paid to third persons upon the written order of the
employee. [1919 c 191 § 4; RRS § 7606.]
49.40.050
49.40.050 Hearings. Upon the filing of any such petition, the director of labor and industries shall notify the other
party to the dispute of the time and place when and where
such petition will be heard, and may set said petition for a
hearing before a regularly appointed deputy at such place in
the state as he shall determine is most convenient for the parties, and the director or his deputy shall have power and
authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers and records at
such hearing, and to administer oaths. Obedience to such subpoenas shall be enforced by the courts of the county where
such hearing is held. [1919 c 191 § 5; RRS § 7607.]
49.40.060 Findings and award. The director of labor
and industries, or his deputy holding the hearing shall, after
such hearing, determine the amount due from the employer to
the employee, and shall make findings of fact and an award in
accordance therewith, which findings and award shall be
filed in the office of the director and a copy thereof served
upon the employer and upon the employee by registered mail
directed to their last known post office address. [1919 c 191
§ 6; RRS § 7608.]
49.40.060
49.40.010 Seasonal labor defined. For the purpose of
this chapter the term "seasonal labor" shall include all work
performed by any person employed for a period of time
greater than one month and where the wages for such work
are not to be paid at any fixed interval of time, but at the termination of such employment, and where such person is
hired within this state for work to be performed outside the
state and the wages earned during said employment are to be
49.40.010
(2008 Ed.)
[Title 49 RCW—page 47]
49.40.070
Title 49 RCW: Labor Regulations
49.40.070 Appeal. Any person aggrieved by the finding
or award of the director of labor and industries has the right
of appeal in the manner provided in chapter 34.05 RCW.
[1987 c 202 § 217; 1919 c 191 § 7; RRS § 7609.]
49.40.070
Intent—1987 c 202: See note following RCW 2.04.190.
49.40.080 Findings and award as evidence. In case no
appeal is taken from the award of the director of labor and
industries and suit shall be brought upon the contract for seasonal labor in any court of competent jurisdiction, the findings and award of the director made in any proceeding under
this chapter at a hearing at which both parties to such suit
shall have appeared may be introduced in evidence in such
suit, for the information of the court in which the suit is pending, and may, in the discretion of the court, be submitted to
the jury as a part of the evidence in the case; but such findings
and award shall not be conclusive or binding upon the court
or the jury in any such case. [1919 c 191 § 8; RRS § 7610.]
49.40.080
tion, for the purpose of preventing such person from securing
employment, or who shall wilfully and maliciously make or
issue any statement or paper that will tend to influence or
prejudice the mind of any employer against the person of
such person seeking employment, or any person who shall do
any of the things mentioned in this section for the purpose of
causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shall, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred
dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more
than one year, or by both such fine and imprisonment. [1899
c 23 § 1; RRS § 7599.]
Interference with or discharge from employment of member of organized
militia: RCW 38.40.040, 38.40.050.
Libel and slander: Chapter 9.58 RCW.
49.44.020 Bribery of labor representative. Every person who shall give, offer or promise, directly or indirectly,
any compensation, gratuity or reward to any duly constituted
representative of a labor organization, with intent to influence
him in respect to any of his acts, decisions or other duties as
such representative, or to induce him to prevent or cause a
strike by the employees of any person or corporation, shall be
guilty of a gross misdemeanor. [1909 c 249 § 424; RRS §
2676.]
49.44.020
Chapter 49.44 RCW
VIOLATIONS—PROHIBITED PRACTICES
Chapter 49.44
Sections
49.44.010
49.44.020
49.44.030
49.44.040
49.44.050
49.44.060
49.44.080
49.44.090
49.44.100
49.44.120
49.44.135
49.44.140
49.44.150
49.44.160
49.44.170
49.44.180
49.44.190
Blacklisting—Penalty.
Bribery of labor representative.
Labor representative receiving bribe.
Obtaining employment by false letter or certificate.
Fraud by employment agent.
Corrupt influencing of agent.
Endangering life by refusal to labor.
Unfair practices in employment because of age of employee or
applicant—Exceptions.
Bringing in out-of-state persons to replace employees involved
in labor dispute—Penalty.
Requiring lie detector tests—Penalty.
Requiring lie detector tests—Civil penalty and damages—
Attorneys’ fees.
Requiring assignment of employee’s rights to inventions—
Conditions.
Requiring assignment of employee’s rights to inventions—
Disclosure of inventions by employee.
Public employers—Intent.
Public employers—Unfair practices—Definitions—Remedies.
Genetic screening.
Noncompetition agreements for broadcasting industry
employees—Restrictions—Trade secrets protected.
Blind persons or individuals with disabilities, discriminating against in public employment: RCW 70.84.080.
Discrimination—Unfair practices: RCW 49.60.180 through 49.60.200.
49.44.010 Blacklisting—Penalty. Every person in this
state who shall wilfully and maliciously, send or deliver, or
make or cause to be made, for the purpose of being delivered
or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or
publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who shall
wilfully and maliciously "blacklist" or cause to be "blacklisted" any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or
designation representing the name of any person in any
paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be
published that any person is a member of any secret organiza-
49.44.030 Labor representative receiving bribe.
Every person who, being the duly constituted representative
of a labor organization, shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise
thereof, upon any agreement or understanding that any of his
acts, decisions or other duties as such representative, or any
act to prevent or cause a strike of the employees of any person
or corporation shall be influenced thereby, shall be guilty of a
gross misdemeanor. [1909 c 249 § 425; RRS § 2677.]
49.44.030
49.44.040 Obtaining employment by false letter or
certificate. Every person who shall obtain employment or
appointment to any office or place of trust, by color or aid of
any false or forged letter or certificate of recommendation,
shall be guilty of a misdemeanor. [1909 c 249 § 371; RRS §
2623.]
49.44.040
49.44.010
[Title 49 RCW—page 48]
49.44.050 Fraud by employment agent. Every
employment agent or broker who, with intent to influence the
action of any person thereby, shall misstate or misrepresent
verbally, or in any writing or advertisement, any material
matter relating to the demand for labor, the conditions under
which any labor or service is to be performed, the duration
thereof or the wages to be paid therefor, shall be guilty of a
misdemeanor. [1909 c 249 § 372; RRS § 2624.]
49.44.050
Discrimination—Unfair practices of employment agencies: RCW
49.60.200.
False advertising: RCW 9.04.010.
49.44.060 Corrupt influencing of agent. Every person
who shall give, offer or promise, directly or indirectly, any
compensation, gratuity or reward to any agent, employee or
49.44.060
(2008 Ed.)
Violations—Prohibited Practices
servant of any person or corporation, with intent to influence
his action in relation to his principal’s, employer’s or master’s business, shall be guilty of a gross misdemeanor. [1909
c 249 § 426; RRS § 2678.]
49.44.080 Endangering life by refusal to labor. Every
person who shall wilfully and maliciously, either alone or in
combination with others, break a contract of service or
employment, knowing or having reasonable cause to believe
that the consequence of his so doing will be to endanger
human life or to cause grievous bodily injury, or to expose
valuable property to destruction or serious injury, shall be
guilty of a misdemeanor. [1909 c 249 § 281; RRS § 2533.]
49.44.080
Injunctions in labor disputes: Chapter 49.32 RCW.
Labor unions—Injunctions in labor disputes: RCW 49.36.015.
49.44.090 Unfair practices in employment because of
age of employee or applicant—Exceptions. It shall be an
unfair practice:
(1) For an employer or licensing agency, because an
individual is forty years of age or older, to refuse to hire or
employ or license or to bar or to terminate from employment
such individual, or to discriminate against such individual in
promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or
licensing agencies may establish reasonable minimum and/or
maximum age limits with respect to candidates for positions
of employment, which positions are of such a nature as to
require extraordinary physical effort, endurance, condition or
training, subject to the approval of the executive director of
the Washington state human rights commission or the director of labor and industries through the division of industrial
relations.
(2) For any employer, licensing agency or employment
agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use
any form of application for employment or to make any
inquiry in connection with prospective employment, which
expresses any limitation, specification or discrimination
respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of
disclosure of birth date upon any form of application for
employment or by the production of a birth certificate or
other sufficient evidence of the applicant’s true age after an
employee is hired.
Nothing contained in this section or in RCW 49.60.180
as to age shall be construed to prevent the termination of the
employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not
merely a subterfuge to evade the purposes of this section; nor
shall anything in this section or in RCW 49.60.180 be
deemed to preclude the varying of insurance coverages
according to an employee’s age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum
age limits with respect to candidates for certain positions in
public employment which are of such a nature as to require
extraordinary physical effort, or which for other reasons war49.44.090
(2008 Ed.)
49.44.120
rant consideration of age factors. [1993 c 510 § 24; 1985 c
185 § 30; 1983 c 293 § 2; 1961 c 100 § 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Unfair practices, discrimination because of age: RCW 49.60.180 through
49.60.205.
49.44.100 Bringing in out-of-state persons to replace
employees involved in labor dispute—Penalty. (1) It shall
be unlawful for any person, firm or corporation not directly
involved in a labor strike or lockout to recruit and bring into
this state from outside this state any person or persons for
employment, or to secure or offer to secure for such person or
persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have
such persons take the place in employment of employees in a
business owned by a person, firm or corporation involved in
a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm or corporation
where a labor strike or lockout exists: PROVIDED, That this
section shall not apply to activities and services offered by or
through the Washington employment security department.
(2) Any person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 277; 1961 c 180 § 1.]
49.44.100
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
49.44.120 Requiring lie detector tests—Penalty. (1)
It shall be unlawful for any person, firm, corporation or the
state of Washington, its political subdivisions or municipal
corporations to require, directly or indirectly, that any
employee or prospective employee take or be subjected to
any lie detector or similar tests as a condition of employment
or continued employment: PROVIDED, That this section
shall not apply to persons making application for employment with any law enforcement agency or with the juvenile
court services agency of any county, or to persons returning
after a break of more than twenty-four consecutive months in
service as a fully commissioned law enforcement officer:
PROVIDED FURTHER, That this section shall not apply to
either the initial application for employment or continued
employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50
RCW, or to persons in sensitive positions directly involving
national security.
(2) Nothing in this section shall be construed to prohibit
the use of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision
of the state.
(5) Nothing in this section may be construed as limiting
any statutory or common law rights of any person illegally
denied employment or continued employment under this section for purposes of any civil action or injunctive relief.
[2007 c 14 § 1; 2005 c 265 § 1; 2003 c 53 § 278; 1985 c 426
§ 1; 1973 c 145 § 1; 1965 c 152 § 1.]
49.44.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 49 RCW—page 49]
49.44.135
Title 49 RCW: Labor Regulations
49.44.135
49.44.135 Requiring lie detector tests—Civil penalty
and damages—Attorneys’ fees. In a civil action alleging a
violation of RCW 49.44.120, the court may:
(1) Award a penalty in the amount of five hundred dollars to a prevailing employee or prospective employee in
addition to any award of actual damages;
(2) Award reasonable attorneys’ fees and costs to the
prevailing employee or prospective employee; and
(3) Pursuant to RCW 4.84.185, award any prevailing
party against whom an action has been brought for a violation
of RCW 49.44.120 reasonable expenses and attorneys’ fees
upon final judgment and written findings by the trial judge
that the action was frivolous and advanced without reasonable cause. [1985 c 426 § 3.]
49.44.140
49.44.140 Requiring assignment of employee’s rights
to inventions—Conditions. (1) A provision in an employment agreement which provides that an employee shall
assign or offer to assign any of the employee’s rights in an
invention to the employer does not apply to an invention for
which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed
entirely on the employee’s own time, unless (a) the invention
relates (i) directly to the business of the employer, or (ii) to
the employer’s actual or demonstrably anticipated research or
development, or (b) the invention results from any work performed by the employee for the employer. Any provision
which purports to apply to such an invention is to that extent
against the public policy of this state and is to that extent void
and unenforceable.
(2) An employer shall not require a provision made void
and unenforceable by subsection (1) of this section as a condition of employment or continuing employment.
(3) If an employment agreement entered into after September 1, 1979, contains a provision requiring the employee
to assign any of the employee’s rights in any invention to the
employer, the employer must also, at the time the agreement
is made, provide a written notification to the employee that
the agreement does not apply to an invention for which no
equipment, supplies, facility, or trade secret information of
the employer was used and which was developed entirely on
the employee’s own time, unless (a) the invention relates (i)
directly to the business of the employer, or (ii) to the
employer’s actual or demonstrably anticipated research or
development, or (b) the invention results from any work preformed [performed] by the employee for the employer.
[1979 ex.s. c 177 § 2.]
49.44.150
49.44.150 Requiring assignment of employee’s rights
to inventions—Disclosure of inventions by employee.
Even though the employee meets the burden of proving the
conditions specified in RCW 49.44.140, the employee shall,
at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of
determining employer or employee rights. The employer or
the employee may disclose such inventions to the department
of employment security, and the department shall maintain a
record of such disclosures for a minimum period of five
years. [1979 ex.s. c 177 § 3.]
[Title 49 RCW—page 50]
49.44.160 Public employers—Intent. The legislature
intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or
continuing to provide employment-based benefits to which
employees are entitled under state law or employer policies
or collective bargaining agreements applicable to the
employee’s correct classification.
Chapter 155, Laws of 2002 does not mandate that any
public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which
they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee’s
correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long
as the definitions and eligibility rules are objective and
applied on a consistent basis. Objective standards, such as
control over the work and the length of the employment relationship, should determine whether a person is an employee
who is entitled to employee benefits, rather than the arbitrary
application of labels, such as "temporary" or "contractor."
Common law standards should be used to determine whether
a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute
or policy regarding the employment of: Public employee
retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or
who work as contractors; or enrolled students who receive
employment as student employees or as part of their education or financial aid. [2002 c 155 § 1.]
49.44.160
Construction—2002 c 155: "This act shall be construed liberally for
the accomplishment of its purposes." [2002 c 155 § 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 155 § 4.]
49.44.170 Public employers—Unfair practices—Definitions—Remedies. (1) It is an unfair practice for any public employer to:
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an
employee that requires the employee to forgo employmentbased benefits.
(2) The definitions in this subsection apply throughout
chapter 155, Laws of 2002 unless the context clearly requires
otherwise.
(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is
free from the employer’s direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) "Employment-based benefits" means any benefits to
which employees are entitled under state law or employer
policies or collective bargaining agreements applicable to the
employee’s correct classification.
(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town,
municipal corporation, quasi-municipal corporation, or polit49.44.170
(2008 Ed.)
Minimum Wage Act
ical subdivision; and (ii) the state, state institutions, and state
agencies. This definition shall be interpreted consistent with
common law.
(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or
"part-time," or to use a similar label that does not objectively
describe the employee’s actual work circumstances.
(3) An employee deeming himself or herself harmed in
violation of subsection (1) of this section may bring a civil
action in a court of competent jurisdiction. [2002 c 155 § 2.]
with the employer in providing services after termination of
employment.
(d) "Broadcasting industry" means employers that distribute or transmit electronic signals to the public at large
using television (VHF or UHF), radio (AM, FM, or satellite),
or cable television technologies, or which prepare, develop,
or create programs or messages to be transmitted by electronic signal using television, radio, or cable technology.
[2005 c 176 § 1.]
Chapter 49.46
Construction—Severability—2002 c 155: See notes following RCW
49.44.160.
49.44.180 Genetic screening. It shall be unlawful for
any person, firm, corporation, or the state of Washington, its
political subdivisions, or municipal corporations to require,
directly or indirectly, that any employee or prospective
employee submit genetic information or submit to screening
for genetic information as a condition of employment or continued employment.
"Genetic information" for purposes of this chapter, is
information about inherited characteristics that can be
derived from a DNA-based or other laboratory test, family
history, or medical examination. "Genetic information" for
purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine
analysis, unless conducted purposefully to diagnose genetic
or inherited characteristics; and (2) results from tests for
abuse of alcohol or drugs, or for the presence of HIV. [2004
c 12 § 1.]
49.44.180
49.44.190 Noncompetition agreements for broadcasting industry employees—Restrictions—Trade secrets
protected. (1) If an employee subject to an employee noncompetition agreement is terminated without just cause or
laid off by action of the employer, the noncompetition agreement is void and unenforceable.
(2) Nothing in this section restricts the right of an
employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.
(3) Nothing in this section has the effect of terminating,
or in any way modifying, any rights or liabilities resulting
from an employee noncompetition agreement that was
entered into before December 31, 2005.
(4) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Employee" means an employee of a broadcasting
industry employer other than a sales or management
employee.
(b) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other
entity which engages in any business, industry, profession, or
activity in this state and employs one or more employees, and
includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state,
and charitable organizations.
(c) "Employee noncompetition agreement" means an
agreement, written or oral, express or implied, between an
employer and employee under which the employee agrees
not to compete, either alone or as an employee of another,
49.44.190
(2008 Ed.)
49.46.010
Chapter 49.46 RCW
MINIMUM WAGE ACT
Sections
49.46.005
49.46.010
49.46.020
49.46.040
49.46.060
49.46.065
49.46.070
49.46.080
49.46.090
49.46.100
49.46.110
49.46.120
49.46.130
49.46.140
49.46.160
49.46.900
49.46.910
49.46.920
Declaration of necessity and police power.
Definitions.
Minimum hourly wage.
Investigation—Services of federal agencies—Employer’s
records—Industrial homework.
Exceptions for learners, apprentices, messengers, disabled.
Individual volunteering labor to state or local governmental
agency—Amount reimbursed for expenses or received as
nominal compensation not deemed salary for rendering services or affecting public retirement rights.
Records of employer—Contents—Inspection—Sworn statement.
New or modified regulations—Judicial review—Stay.
Payment of wages less than chapter requirements—
Employer’s liability—Assignment of wage claim.
Prohibited acts of employer—Penalty.
Collective bargaining not impaired.
Chapter establishes minimum standards and is supplementary
to other laws—More favorable standards unaffected.
Minimum rate of compensation for employment in excess of
forty hour work week—Exceptions.
Notification of employers.
Automatic service charges.
Severability—1959 c 294.
Short title.
Effective date—1975 1st ex.s. c 289.
Enforcement of wage claims: RCW 49.48.040.
49.46.005 Declaration of necessity and police power.
Whereas the establishment of a minimum wage for employees is a subject of vital and imminent concern to the people of
this state and requires appropriate action by the legislature to
establish minimum standards of employment within the state
of Washington, therefore the legislature declares that in its
considered judgment the health, safety and the general welfare of the citizens of this state require the enactment of this
measure, and exercising its police power, the legislature
endeavors by this chapter to establish a minimum wage for
employees of this state to encourage employment opportunities within the state. The provisions of this chapter are
enacted in the exercise of the police power of the state for the
purpose of protecting the immediate and future health, safety
and welfare of the people of this state. [1961 ex.s. c 18 § 1.]
49.46.005
49.46.010 Definitions. As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by
reason of employment, payable in legal tender of the United
States or checks on banks convertible into cash on demand at
full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director;
(3) "Employ" includes to permit to work;
49.46.010
[Title 49 RCW—page 51]
49.46.020
Title 49 RCW: Labor Regulations
(4) "Employer" includes any individual, partnership,
association, corporation, business trust, or any person or
group of persons acting directly or indirectly in the interest of
an employer in relation to an employee;
(5) "Employee" includes any individual employed by an
employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer
and paid on a piece rate basis in an operation which has been,
and is generally and customarily recognized as having been,
paid on a piece rate basis in the region of employment; (ii)
who commutes daily from his or her permanent residence to
the farm on which he or she is employed; and (iii) who has
been employed in agriculture less than thirteen weeks during
the preceding calendar year;
(b) Any individual employed in casual labor in or about
a private home, unless performed in the course of the
employer’s trade, business, or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of
outside salesman as those terms are defined and delimited by
rules of the director. However, those terms shall be defined
and delimited by the director of personnel pursuant to chapter
41.06 RCW for employees employed under the director of
personnel’s jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body
or agency, or nonprofit organization where the employeremployee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the
individual receives reimbursement in lieu of compensation
for normally incurred out-of-pocket expenses or receives a
nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed
not to exist for the purpose of this section or for purposes of
membership or qualification in any state, local government or
publicly supported retirement system other than that provided
under chapter 41.24 RCW;
(e) Any individual employed full time by any state or
local governmental body or agency who provides voluntary
services but only with regard to the provision of the voluntary
services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement or benefit rights under any state, local government, or publicly supported retirement system other than that provided under
chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the
Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire
prevention activities;
(i) Any individual employed by any charitable institution
charged with child care responsibilities engaged primarily in
the development of character or citizenship or promoting
health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she
reside or sleep at the place of his or her employment or who
otherwise spends a substantial portion of his or her work time
subject to call, and not engaged in the performance of active
duties;
[Title 49 RCW—page 52]
(k) Any resident, inmate, or patient of a state, county, or
municipal correctional, detention, treatment or rehabilitative
institution;
(l) Any individual who holds a public elective or
appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of
the state legislature;
(m) All vessel operating crews of the Washington state
ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel
other than an American vessel;
(6) "Occupation" means any occupation, service, trade,
business, industry, or branch or group of industries or
employment or class of employment in which employees are
gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of
sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry.
[2002 c 354 § 231; 1997 c 203 § 3; 1993 c 281 § 56; 1989 c 1
§ 1 (Initiative Measure No. 518, approved November 8,
1988); 1984 c 7 § 364; 1977 ex.s. c 69 § 1; 1975 1st ex.s. c
289 § 1; 1974 ex.s. c 107 § 1; 1961 ex.s. c 18 § 2; 1959 c 294
§ 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved
November 8, 1988): "This act shall take effect January 1, 1989." [1989 c 1
§ 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
49.46.020 Minimum hourly wage. (1) Until January 1,
1999, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate
of not less than four dollars and ninety cents per hour.
(2) Beginning January 1, 1999, and until January 1,
2000, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate
of not less than five dollars and seventy cents per hour.
(3) Beginning January 1, 2000, and until January 1,
2001, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate
of not less than six dollars and fifty cents per hour.
(4)(a) Beginning on January 1, 2001, and each following
January 1st as set forth under (b) of this subsection, every
employer shall pay to each of his or her employees who has
reached the age of eighteen years wages at a rate of not less
than the amount established under (b) of this subsection.
(b) On September 30, 2000, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee
purchasing power by increasing the current year’s minimum
wage rate by the rate of inflation. The adjusted minimum
wage rate shall be calculated to the nearest cent using the
consumer price index for urban wage earners and clerical
workers, CPI-W, or a successor index, for the twelve months
49.46.020
(2008 Ed.)
Minimum Wage Act
prior to each September 1st as calculated by the United States
department of labor. Each adjusted minimum wage rate calculated under this subsection (4)(b) takes effect on the following January 1st.
(5) The director shall by regulation establish the minimum wage for employees under the age of eighteen years.
[1999 c 1 § 1 (Initiative Measure No. 688, approved November 3, 1998); 1993 c 309 § 1; 1989 c 1 § 2 (Initiative Measure
No. 518, approved November 8, 1988); 1975 1st ex.s. c 289 §
2; 1973 2nd ex.s. c 9 § 1; 1967 ex.s. c 80 § 1; 1961 ex.s. c 18
§ 3; 1959 c 294 § 2.]
Effective date—1993 c 309: "This act shall take effect January 1,
1994." [1993 c 309 § 2.]
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
Notification of employers: RCW 49.46.140.
49.46.040 Investigation—Services of federal agencies—Employer’s records—Industrial homework. (1)
The director or his designated representatives may investigate and gather data regarding the wages, hours, and other
conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and
such records (and make such transcriptions thereof), question
such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to
determine whether any person has violated any provision of
this chapter, or which may aid in the enforcement of the provisions of this chapter.
(2) With the consent and cooperation of federal agencies
charged with the administration of federal labor laws, the
director may, for the purpose of carrying out his functions
and duties under this chapter, utilize the services of federal
agencies and their employees and, notwithstanding any other
provision of law, may reimburse such federal agencies and
their employees for services rendered for such purposes.
(3) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep,
and preserve such records of the persons employed by him
and of the wages, hours, and other conditions and practices of
employment maintained by him, and shall preserve such
records for such periods of time, and shall make reports
therefrom to the director as he shall prescribe by regulation as
necessary or appropriate for the enforcement of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations
regulating, restricting, or prohibiting industrial homework as
are necessary or appropriate to prevent the circumvention or
evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations of the
director relating to industrial homework are hereby continued
in full force and effect. [1959 c 294 § 4.]
49.46.040
49.46.060 Exceptions for learners, apprentices, messengers, disabled. The director, to the extent necessary in
order to prevent curtailment of opportunities for employment, shall by regulations provide for (1) the employment of
learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the director, at such
wages lower than the minimum wage applicable under RCW
49.46.060
(2008 Ed.)
49.46.080
49.46.020 and subject to such limitations as to time, number,
proportion, and length of service as the director shall prescribe, and (2) the employment of individuals whose earning
capacity is impaired by age or physical or mental deficiency
or injury, under special certificates issued by the director, at
such wages lower than the minimum wage applicable under
RCW 49.46.020 and for such period as shall be fixed in such
certificates. [1959 c 294 § 6.]
49.46.065 Individual volunteering labor to state or
local governmental agency—Amount reimbursed for
expenses or received as nominal compensation not
deemed salary for rendering services or affecting public
retirement rights. When an individual volunteers his or her
labor to a state or local governmental body or agency and
receives pursuant to a statute or policy or an ordinance or resolution adopted by or applicable to the state or local governmental body or agency reimbursement in lieu of compensation at a nominal rate for normally incurred expenses or
receives a nominal amount of compensation per unit of voluntary service rendered such reimbursement or compensation
shall not be deemed a salary for the rendering of services or
for purposes of granting, affecting or adding to any qualification, entitlement or benefit rights under any state, local government or publicly supported retirement system other than
that provided under chapter 41.24 RCW. [1977 ex.s. c 69 §
2.]
49.46.065
49.46.070 Records of employer—Contents—Inspection—Sworn statement. Every employer subject to any provision of this chapter or of any regulation issued under this
chapter shall make, and keep in or about the premises
wherein any employee is employed, a record of the name,
address, and occupation of each of his employees, the rate of
pay, and the amount paid each pay period to each such
employee, the hours worked each day and each work week by
such employee, and such other information as the director
shall prescribe by regulation as necessary or appropriate for
the enforcement of the provisions of this chapter or of the
regulations thereunder. Such records shall be open for inspection or transcription by the director or his authorized representative at any reasonable time. Every such employer shall
furnish to the director or to his authorized representative on
demand a sworn statement of such records and information
upon forms prescribed or approved by the director. [1959 c
294 § 7.]
49.46.070
49.46.080 New or modified regulations—Judicial
review—Stay. (1) As new regulations or changes or modification of previously established regulations are proposed, the
director shall call a public hearing for the purpose of the consideration and establishment of such regulations following
the procedures used in the promulgation of standards of
safety under chapter 49.17 RCW.
(2) Any interested party may obtain a review of the
director’s findings and order in the superior court of county
of petitioners’ residence by filing in such court within sixty
days after the date of publication of such regulation a written
petition praying that the regulation be modified or set aside.
A copy of such petition shall be served upon the director. The
49.46.080
[Title 49 RCW—page 53]
49.46.090
Title 49 RCW: Labor Regulations
finding of facts, if supported by evidence, shall be conclusive
upon the court. The court shall determine whether the regulation is in accordance with law. If the court determines that
such regulation is not in accordance with law, it shall remand
the case to the director with directions to modify or revoke
such regulation. If application is made to the court for leave
to adduce additional evidence by any aggrieved party, such
party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable
grounds for the failure to adduce such evidence before the
director. If the court finds that such evidence is material and
that reasonable grounds exist for failure of the aggrieved
party to adduce such evidence in prior proceedings, the court
may remand the case to the director with directions that such
additional evidence be taken before the director. The director
may modify the findings and conclusions, in whole or in part,
by reason of such additional evidence.
(3) The judgment and decree of the court shall be final
except that it shall be subject to review by the supreme court
or the court of appeals as in other civil cases.
(4) The proceedings under this section shall not, unless
specifically ordered by the court, operate as a stay of an
administrative regulation issued under the provisions of this
chapter. The court shall not grant any stay of an administrative regulation unless the person complaining of such regulation shall file in the court an undertaking with a surety or
sureties satisfactory to the court for the payment to the
employees affected by the regulation, in the event such regulation is affirmed, of the amount by which the compensation
such employees are entitled to receive under the regulation
exceeds the compensation they actually receive while such
stay is in effect. [1983 c 3 § 157; 1971 c 81 § 117; 1959 c 294
§ 8.]
required under the provisions of this chapter, or falsifies any
such record, or refuses to make any record accessible to the
director or his authorized representatives upon demand, or
refuses to furnish a sworn statement of such record or any
other information required for the proper enforcement of this
chapter to the director or his authorized representatives upon
demand, or pays or agrees to pay wages at a rate less than the
rate applicable under this chapter, or otherwise violates any
provision of this chapter or of any regulation issued under
this chapter shall be deemed in violation of this chapter and
shall, upon conviction therefor, be guilty of a gross misdemeanor.
(2) Any employer who discharges or in any other manner
discriminates against any employee because such employee
has made any complaint to his employer, to the director, or
his authorized representatives that he has not been paid
wages in accordance with the provisions of this chapter, or
that the employer has violated any provision of this chapter,
or because such employee has caused to be instituted or is
about to cause to be instituted any proceeding under or
related to this chapter, or because such employee has testified
or is about to testify in any such proceeding shall be deemed
in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor. [1959 c 294 § 10.]
49.46.110
49.46.110 Collective bargaining not impaired. Nothing in this chapter shall be deemed to interfere with, impede,
or in any way diminish the right of employees to bargain collectively with their employers through representatives of
their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under
the provisions of this chapter. [1959 c 294 § 11.]
49.46.120
49.46.090 Payment of wages less than chapter
requirements—Employer’s liability—Assignment of
wage claim. (1) Any employer who pays any employee less
than wages to which such employee is entitled under or by
virtue of this chapter, shall be liable to such employee
affected for the full amount of such wage rate, less any
amount actually paid to such employee by the employer, and
for costs and such reasonable attorney’s fees as may be
allowed by the court. Any agreement between such employee
and the employer to work for less than such wage rate shall be
no defense to such action.
(2) At the written request of any employee paid less than
the wages to which he is entitled under or by virtue of this
chapter, the director may take an assignment under this chapter or as provided in RCW 49.48.040 of such wage claim in
trust for the assigning employee and may bring any legal
action necessary to collect such claim, and the employer shall
be required to pay the costs and such reasonable attorney’s
fees as may be allowed by the court. [1959 c 294 § 9.]
49.46.090
49.46.100 Prohibited acts of employer—Penalty. (1)
Any employer who hinders or delays the director or his
authorized representatives in the performance of his duties in
the enforcement of this chapter, or refuses to admit the director or his authorized representatives to any place of employment, or fails to make, keep, and preserve any records as
49.46.100
[Title 49 RCW—page 54]
49.46.120 Chapter establishes minimum standards
and is supplementary to other laws—More favorable
standards unaffected. This chapter establishes a minimum
standard for wages and working conditions of all employees
in this state, unless exempted herefrom, and is in addition to
and supplementary to any other federal, state, or local law or
ordinance, or any rule or regulation issued thereunder. Any
standards relating to wages, hours, or other working conditions established by any applicable federal, state, or local law
or ordinance, or any rule or regulation issued thereunder,
which are more favorable to employees than the minimum
standards applicable under this chapter, or any rule or regulation issued hereunder, shall not be affected by this chapter
and such other laws, or rules or regulations, shall be in full
force and effect and may be enforced as provided by law.
[1961 ex.s. c 18 § 4; 1959 c 294 § 12.]
49.46.130
49.46.130 Minimum rate of compensation for
employment in excess of forty hour work week—Exceptions. (1) Except as otherwise provided in this section, no
employer shall employ any of his employees for a work week
longer than forty hours unless such employee receives compensation for his employment in excess of the hours above
specified at a rate not less than one and one-half times the
regular rate at which he is employed.
(2) This section does not apply to:
(2008 Ed.)
Minimum Wage Act
(a) Any person exempted pursuant to RCW
49.46.010(5). The payment of compensation or provision of
compensatory time off in addition to a salary shall not be a
factor in determining whether a person is exempted under
RCW 49.46.010(5)(c);
(b) Employees who request compensating time off in
lieu of overtime pay;
(c) Any individual employed as a seaman whether or not
the seaman is employed on a vessel other than an American
vessel;
(d) Seasonal employees who are employed at concessions and recreational establishments at agricultural fairs,
including those seasonal employees employed by agricultural
fairs, within the state provided that the period of employment
for any seasonal employee at any or all agricultural fairs does
not exceed fourteen working days a year;
(e) Any individual employed as a motion picture projectionist if that employee is covered by a contract or collective
bargaining agreement which regulates hours of work and
overtime pay;
(f) An individual employed as a truck or bus driver who
is subject to the provisions of the Federal Motor Carrier Act
(49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et
seq.), if the compensation system under which the truck or
bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer
than forty hours per week;
(g) Any individual employed (i) on a farm, in the employ
of any person, in connection with the cultivation of the soil,
or in connection with raising or harvesting any agricultural or
horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees,
poultry, and furbearing animals and wildlife, or in the employ
of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or (ii) in packing, packaging, grading, storing or delivering to storage, or to market or to a carrier for transportation
to market, any agricultural or horticultural commodity; or
(iii) commercial canning, commercial freezing, or any other
commercial processing, or with respect to services performed
in connection with the cultivation, raising, harvesting, and
processing of oysters or in connection with any agricultural
or horticultural commodity after its delivery to a terminal
market for distribution for consumption;
(h) Any industry in which federal law provides for an
overtime payment based on a work week other than forty
hours. However, the provisions of the federal law regarding
overtime payment based on a work week other than forty
hours shall nevertheless apply to employees covered by this
section without regard to the existence of actual federal jurisdiction over the industrial activity of the particular employer
within this state. For the purposes of this subsection, "industry" means a trade, business, industry, or other activity, or
branch, or group thereof, in which individuals are gainfully
employed (section 3(h) of the Fair Labor Standards Act of
1938, as amended (Public Law 93-259));
(i) Any hours worked by an employee of a carrier by air
subject to the provisions of subchapter II of the Railway
Labor Act (45 U.S.C. Sec. 181 et seq.), when such hours are
voluntarily worked by the employee pursuant to a shift-trad(2008 Ed.)
49.46.130
ing practice under which the employee has the opportunity in
the same or in other work weeks to reduce hours worked by
voluntarily offering a shift for trade or reassignment.
(3) No employer shall be deemed to have violated subsection (1) of this section by employing any employee of a
retail or service establishment for a work week in excess of
the applicable work week specified in subsection (1) of this
section if:
(a) The regular rate of pay of the employee is in excess
of one and one-half times the minimum hourly rate required
under RCW 49.46.020; and
(b) More than half of the employee’s compensation for a
representative period, of not less than one month, represents
commissions on goods or services.
In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate is to be deemed commissions on goods or services without regard to whether the
computed commissions exceed the draw or guarantee.
(4) No employer of commissioned salespeople primarily
engaged in the business of selling automobiles, trucks, recreational vessels, recreational vessel trailers, recreational vehicle trailers, recreational campers, manufactured housing, or
farm implements to ultimate purchasers shall violate subsection (1) of this section with respect to such commissioned
salespeople if the commissioned salespeople are paid the
greater of:
(a) Compensation at the hourly rate, which may not be
less than the rate required under RCW 49.46.020, for each
hour worked up to forty hours per week, and compensation of
one and one-half times that hourly rate for all hours worked
over forty hours in one week; or
(b) A straight commission, a salary plus commission, or
a salary plus bonus applied to gross salary.
(5) No public agency shall be deemed to have violated
subsection (1) of this section with respect to the employment
of any employee in fire protection activities or any employee
in law enforcement activities (including security personnel in
correctional institutions) if: (a) In a work period of twentyeight consecutive days the employee receives for tours of
duty which in the aggregate exceed two hundred forty hours;
or (b) in the case of such an employee to whom a work period
of at least seven but less than twenty-eight days applies, in his
or her work period the employee receives for tours of duty
which in the aggregate exceed a number of hours which bears
the same ratio to the number of consecutive days in his or her
work period as two hundred forty hours bears to twenty-eight
days; compensation at a rate not less than one and one-half
times the regular rate at which he or she is employed. [1998
c 239 § 2. Prior: 1997 c 311 § 1; 1997 c 203 § 2; 1995 c 5 §
1; 1993 c 191 § 1; 1992 c 94 § 1; 1989 c 104 § 1; prior: 1977
ex.s. c 4 § 1; 1977 ex.s. c 74 § 1; 1975 1st ex.s. c 289 § 3.]
Findings—Intent—1998 c 239: "The legislature finds that employees
in the airline industry have a long-standing practice and tradition of trading
shifts voluntarily among themselves. The legislature also finds that federal
law exempts airline employees from the provisions of federal overtime regulations. This act is intended to specify that airline industry employers are
not required to pay overtime compensation to an employee agreeing to work
additional hours for a coemployee." [1998 c 239 § 1.]
Intent—Collective bargaining agreements—1998 c 239: "This act
does not alter the terms, conditions, or practices contained in any collective
bargaining agreement." [1998 c 239 § 3.]
[Title 49 RCW—page 55]
49.46.140
Title 49 RCW: Labor Regulations
Retroactive application—1998 c 239: "This act is remedial in nature
and applies retroactively." [1998 c 239 § 4.]
Severability—1998 c 239: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 239 § 5.]
Construction—1997 c 203: "Nothing in this act shall be construed to
alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of the effective date of this act [July 27,
1997] until the expiration date of such agreement." [1997 c 203 § 4.]
Intent—Application—1995 c 5: "This act is intended to clarify the
original intent of RCW 49.46.010(5)(c). This act applies to all administrative
and judicial actions commenced on or after February 1, 1995, and pending
on March 30, 1995, and such actions commenced on or after March 30,
1995." [1995 c 5 § 2.]
Effective date—1995 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1995]." [1995 c 5 § 3.]
49.46.140 Notification of employers. The director of
the department of labor and industries and the commissioner
of employment security shall each notify employers of the
requirements of chapter 289, Laws of 1975 1st ex. sess.
through their regular quarterly notices to employers. [1975
1st ex.s. c 289 § 4.]
49.46.140
49.46.160 Automatic service charges. (1) An
employer that imposes an automatic service charge related to
food, beverages, entertainment, or porterage provided to a
customer must disclose in an itemized receipt and in any
menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the
employee or employees serving the customer.
(2) For purposes of this section:
(a) "Employee" means nonmanagerial, nonsupervisory
workers, including but not limited to servers, busers, banquet
houseman, banquet captains, bartenders, barbacks, and porters.
(b) "Employer" means employers as defined in RCW
49.46.010 that provide food, beverages, entertainment, or
porterage, including but not limited to restaurants, catering
houses, convention centers, and overnight accommodations.
(c) "Service charge" means a separately designated
amount collected by employers from customers that is for
services provided by employees, or is described in such a
way that customers might reasonably believe that the
amounts are for such services. Service charges include but
are not limited to charges designated on receipts as a "service
charge," "gratuity," "delivery charge," or "porterage charge."
Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer.
[2007 c 390 § 1. Formerly RCW 19.48.130.]
49.46.160
49.46.900 Severability—1959 c 294. If any provision
of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter and
the application thereof to other persons or circumstances
shall not be affected thereby. [1959 c 294 § 13.]
49.46.900
49.46.910 Short title. This chapter may be known and
cited as the "Washington Minimum Wage Act." [1961 ex.s.
c 18 § 6; 1959 c 294 § 14.]
49.46.910
[Title 49 RCW—page 56]
49.46.920 Effective date—1975 1st ex.s. c 289. This
1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect September 1, 1975. [1975 1st ex.s. c 289 §
5.]
49.46.920
Chapter 49.48
Chapter 49.48 RCW
WAGES—PAYMENT—COLLECTION
Sections
49.48.010
49.48.020
49.48.030
49.48.040
49.48.050
49.48.060
49.48.070
49.48.075
49.48.080
49.48.082
49.48.083
49.48.084
49.48.085
49.48.086
49.48.087
49.48.090
49.48.100
49.48.115
49.48.120
49.48.150
49.48.160
49.48.170
49.48.180
49.48.190
49.48.200
49.48.210
49.48.220
Payment of wages due to employee ceasing work to be at end
of pay period—Exceptions—Authorized deductions or withholdings.
Penalty for noncompliance with RCW 49.48.010 through
49.48.030 and 49.48.060.
Attorney’s fee in action on wages—Exception.
Enforcement of wage claims—Issuance of subpoenas—Compliance.
Remedy cumulative.
Director may require bond after assignment of wage claims—
Court action—Penalty for failure to pay wage claim.
Enforcement.
Reciprocal enforcement agreements with other states.
Public employees excluded.
Wage complaints—Definitions.
Wage complaints—Duty of department to investigate—Citations and notices of assessment—Civil penalties.
Wage complaints—Administrative appeals.
Wage complaints—Employee termination of administrative
action.
Collection procedures.
Rules.
Assignment of wages—Requisites to validity.
Written consent of spouse required.
Employer defined.
Payment on employee’s death.
Sales representatives—Definitions.
Sales representatives—Contract—Agreement.
Sales representatives—Payment.
Sales representatives—Principal considered doing business in
this state.
Sales representatives—Rights and remedies not exclusive—
Waiver void.
Overpayment of wages—Government employees.
Overpayment of wages—Notice—Review—Appeal.
Rules.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
49.48.010 Payment of wages due to employee ceasing
work to be at end of pay period—Exceptions—Authorized deductions or withholdings. When any employee
shall cease to work for an employer, whether by discharge or
by voluntary withdrawal, the wages due him on account of
his employment shall be paid to him at the end of the established pay period: PROVIDED, HOWEVER, That this paragraph shall not apply when workers are engaged in an
employment that normally involves working for several
employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan
for the weekly payment of wages at a central place or places
and in accordance with a unified schedule of paydays providing for at least one payday each week; but this subsection
shall not apply to any such plan until ten days after notice of
their intention to set up such a plan shall have been given to
the director of labor and industries by the employers who
cooperate to establish the plan; and having once been established, no such plan can be abandoned except after notice of
their intention to abandon such plan has been given to the
49.48.010
(2008 Ed.)
Wages—Payment—Collection
director of labor and industries by the employers intending to
abandon the plan: PROVIDED FURTHER, That the duty to
pay an employee forthwith shall not apply if the labor-management agreement under which the employee has been
employed provides otherwise.
It shall be unlawful for any employer to withhold or
divert any portion of an employee’s wages unless the deduction is:
(1) Required by state or federal law; or
(2) Specifically agreed upon orally or in writing by the
employee and employer; or
(3) For medical, surgical or hospital care or service, pursuant to any rule or regulation: PROVIDED, HOWEVER,
That the deduction is openly, clearly and in due course
recorded in the employer’s books and records.
Paragraph *three of this section shall not be construed to
affect the right of any employer or former employer to sue
upon or collect any debt owed to said employer or former
employer by his employees or former employees. [1971 ex.s.
c 55 § 1; 1947 c 181 § 1; 1905 c 112 § 1; 1888 c 128 § 1; Rem.
Supp. 1947 § 7594.]
*Reviser’s note: The reference to paragraph three of this section
appears to be erroneous. An amendment to Engrossed Senate Bill No. 137
[1971 ex.s. c 55] deleted the first paragraph of the section without making a
corresponding change in the reference to "paragraph three." It was apparently intended that the phrase "paragraph three of this section" refer to the
paragraph beginning "It shall be unlawful . . .," which now appears as the
second paragraph of the section.
Saving—1888 c 128: "This act is not to be construed as affecting any
bona fide contract heretofore entered into contrary to its provisions and existing at the date of the passage hereof, and continuing by reason of limitation
of said contract being still in force." [1888 c 128 § 4; no RRS.]
Effective date—1888 c 128: "This act is to take effect on and after its
approval." [1888 c 128 § 5; no RRS.]
General repealer—1888 c 128: "All laws or parts of laws in conflict
with this act be and the same are hereby repealed." [1888 c 128 § 6; no
RRS.]
The foregoing annotations apply to RCW 49.48.010 through 49.48.030.
49.48.020 Penalty for noncompliance with RCW
49.48.010 through 49.48.030 and 49.48.060. Any person,
firm, or corporation which violates any of the provisions of
RCW 49.48.010 through 49.48.030 and 49.48.060 shall be
guilty of a misdemeanor. [1971 ex.s. c 55 § 2; 1933 ex.s. c 20
§ 1; 1888 c 128 § 2; RRS § 7595.]
49.48.020
Wages—Deductions—Rebates, authorized withholding: RCW 49.52.060.
49.48.030 Attorney’s fee in action on wages—Exception. In any action in which any person is successful in
recovering judgment for wages or salary owed to him, reasonable attorney’s fees, in an amount to be determined by the
court, shall be assessed against said employer or former
employer: PROVIDED, HOWEVER, That this section shall
not apply if the amount of recovery is less than or equal to the
amount admitted by the employer to be owing for said wages
or salary. [1971 ex.s. c 55 § 3; 1888 c 128 § 3; RRS § 7596.]
49.48.060
and 49.48 RCW, conduct investigations to ensure compliance
with chapters 39.12, 49.46, and 49.48 RCW;
(b) Order the payment of all wages owed the workers
and institute actions necessary for the collection of the sums
determined owed; and
(c) Take assignments of wage claims and prosecute
actions for the collection of wages of persons who are financially unable to employ counsel when in the judgment of the
director of the department the claims are valid and enforceable in the courts.
(2) The director of the department or any authorized representative may, for the purpose of carrying out RCW
49.48.040 through 49.48.080: (a) Issue subpoenas to compel
the attendance of witnesses or parties and the production of
books, papers, or records; (b) administer oaths and examine
witnesses under oath; (c) take the verification of proof of
instruments of writing; and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs
shall not be payable by the department for prosecuting such
suits.
(3) The director shall have a seal inscribed "Department
of Labor and Industries—State of Washington" and all courts
shall take judicial notice of such seal. Obedience to subpoenas issued by the director or authorized representative shall
be enforced by the courts in any county.
(4) The director or authorized representative shall have
free access to all places and works of labor. Any employer or
any agent or employee of such employer who refuses the
director or authorized representative admission therein, or
who, when requested by the director or authorized representative, wilfully neglects or refuses to furnish the director or
authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of
the employer or agent, shall be guilty of a misdemeanor.
[1987 c 172 § 1; 1935 c 96 § 1; RRS § 7596-1.]
49.48.050 Remedy cumulative. Nothing herein contained shall be construed to limit the authority of the prosecuting attorney of any county to prosecute actions, both civil
and criminal, for such violations of RCW 49.48.040 through
49.48.080 as may come to his knowledge, or to enforce the
provisions hereof independently and without specific direction of the director of labor and industries. [1935 c 96 § 2;
RRS § 7596-2.]
49.48.050
49.48.030
49.48.040 Enforcement of wage claims—Issuance of
subpoenas—Compliance. (1) The department of labor and
industries may:
(a) Upon obtaining information indicating an employer
may be committing a violation under chapters 39.12, 49.46,
49.48.040
(2008 Ed.)
49.48.060 Director may require bond after assignment of wage claims—Court action—Penalty for failure
to pay wage claim. (1) If upon investigation by the director,
after taking assignments of any wage claim under RCW
49.48.040, it appears to the director that the employer is representing to his employees that he is able to pay wages for
their services and that the employees are not being paid for
their services, the director may require the employer to give a
bond in such sum as the director deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not
exceeding six months conduct his business and pay his
employees in accordance with the laws of the state of Washington.
49.48.060
[Title 49 RCW—page 57]
49.48.070
Title 49 RCW: Labor Regulations
(2) If within ten days after demand for such bond the
employer fails to provide the same, the director may commence a suit against the employer in the superior court of
appropriate jurisdiction to compel him to furnish such bond
or cease doing business until he has done so. The employer
shall have the burden of proving the amount thereof to be
excessive.
(3) If the court finds that there is just cause for requiring
such bond and that the same is reasonable, necessary or
appropriate to secure the prompt payment of the wages of the
employees of such employer and his compliance with RCW
49.48.010 through 49.48.080, the court shall enjoin such
employer from doing business in this state until the requirement is met, or shall make other, and may make further,
orders appropriate to compel compliance with the requirement.
Upon being informed of a wage claim against an
employer or former employer, the director shall, if such claim
appears to be just, immediately notify the employer or former
employer, of such claim by mail. If the employer or former
employer fails to pay the claim or make satisfactory explanation to the director of his failure to do so, within thirty days
thereafter, the employer or former employer shall be liable to
a penalty of ten percent of that portion of the claim found to
be justly due. The director shall have a cause of action against
the employer or former employer for the recovery of such
penalty, and the same may be included in any subsequent
action by the director on said wage claim, or may be exercised separately after adjustment of such wage claim without
court action. [1971 ex.s. c 55 § 4; 1935 c 96 § 3; RRS § 75963.]
49.48.070 Enforcement. It shall be the duty of the
director of labor and industries to inquire diligently for any
violations of RCW 49.48.040 through 49.48.080, and to institute the actions for penalties herein provided, and to enforce
generally the provisions of RCW 49.48.040 through
49.48.080. [1935 c 96 § 4; RRS § 7596-4.]
49.48.070
49.48.075 Reciprocal enforcement agreements with
other states. (1) The director of labor and industries, or the
director’s designee, may enter into reciprocal agreements
with the labor department or corresponding agency of any
other state or with the person, board, officer, or commission
authorized to act on behalf of such department or agency, for
the collection in such other states of claims or judgments for
wages and other demands based upon claims assigned to the
director.
(2) The director, or the director’s designee, may, to the
extent provided for by any reciprocal agreement entered into
by law or with an agency of another state as herein provided,
maintain actions in the courts of such other state for the collection of claims for wages, judgments, and other demands
and may assign such claims, judgments, and demands to the
labor department or agency of such other state for collection
to the extent that such an assignment may be permitted or
provided for by the law of such state or reciprocal agreement.
(3) The director, or the director’s designee, may, upon
the written consent of the labor department or corresponding
agency of any other state or of the person, board, officer, or
49.48.075
[Title 49 RCW—page 58]
commission of such state authorized to act on behalf of such
labor department or corresponding agency, maintain actions
in the courts of Washington upon assigned claims for wages,
judgments, and demands arising in such other state in the
same manner and to the same extent that such actions by the
director are authorized when arising in Washington. Such
actions may be maintained only in cases where such other
state by law or reciprocal agreement extends a like comity to
cases arising in Washington. [1985 c 48 § 1.]
49.48.080 Public employees excluded. Nothing in
RCW 49.48.040 through 49.48.080 shall apply to the payment of wages or compensation of employees directly
employed by any county, incorporated city or town, or other
municipal corporation. Nor shall anything herein apply to
employees, directly employed by the state, any department,
bureau, office, board, commission or institution hereof.
[1935 c 96 § 5; RRS § 7596-5.]
49.48.080
49.48.082 Wage complaints—Definitions. The definitions in this section apply throughout this section and RCW
49.48.083 through 49.48.086:
(1) "Citation" means a written determination by the
department that a wage payment requirement has been violated.
(2) "Department" means the department of labor and
industries.
(3) "Determination of compliance" means a written
determination by the department that wage payment requirements have not been violated.
(4) "Director" means the director of the department of
labor and industries, or the director’s authorized representative.
(5) "Employee" has the meaning provided in: (a) RCW
49.46.010 for purposes of a wage payment requirement set
forth in RCW 49.46.020 or 49.46.130; and (b) RCW
49.12.005 for purposes of a wage payment requirement set
forth in RCW 49.48.010, 49.52.050, or 49.52.060.
(6) "Employer" has the meaning provided in RCW
49.46.010 for purposes of a wage payment requirement set
forth in RCW 49.46.020, 49.46.130, 49.48.010, 49.52.050, or
49.52.060.
(7) "Notice of assessment" means a written notice by the
department that, based on a citation, the employer shall pay
the amounts assessed under RCW 49.48.083.
(8) "Wage" has the meaning provided in RCW
49.46.010.
(9) "Wage complaint" means a complaint from an
employee to the department that asserts that an employer has
violated one or more wage payment requirements and that is
reduced to writing.
(10) "Wage payment requirement" means a wage payment requirement set forth in RCW 49.46.020, 49.46.130,
49.48.010, 49.52.050, or 49.52.060, and any related rules
adopted by the department.
(11) "Willful" means a knowing and intentional action
that is neither accidental nor the result of a bona fide dispute,
as evaluated under the standards applicable to wage payment
violations under RCW 49.52.050(2). [2006 c 89 § 1.]
49.48.082
Captions not law—2006 c 89: "Captions used in this act are not any
part of the law." [2006 c 89 § 8.]
(2008 Ed.)
Wages—Payment—Collection
49.48.083 Wage complaints—Duty of department to
investigate—Citations and notices of assessment—Civil
penalties. (1) If an employee files a wage complaint with the
department, the department shall investigate the wage complaint. Unless otherwise resolved, the department shall issue
either a citation and notice of assessment or a determination
of compliance: (a) No later than sixty days after the date on
which the department received the wage complaint, unless
the department extends this time period for good cause; and
(b) no later than three years after the date on which the cause
of action accrued, unless a longer period of time applies
under law. Such cause of action for wage claims accrues
from the date when the wages are due. The department shall
send the citation and notice of assessment or the determination of compliance to both the employer and the employee by
service of process or certified mail to their last known
addresses.
(2) If the department determines that an employer has
violated a wage payment requirement and issues to the
employer a citation and notice of assessment, the department
may order the employer to pay employees all wages owed,
including interest of one percent per month on all wages
owed, to the employee.
(3) If the department determines that the violation of the
wage payment requirement was a willful violation, the
department also may order the employer to pay the department a civil penalty as specified in (a) of this subsection.
(a) A civil penalty for a willful violation of a wage payment requirement shall be not less than five hundred dollars
or an amount equal to ten percent of the total amount of
unpaid wages, whichever is greater. The maximum civil penalty for a willful violation of a wage payment requirement
shall be twenty thousand dollars.
(b) The department may not assess a civil penalty if the
employer reasonably relied on: (i) A rule related to any wage
payment requirement; (ii) a written order, ruling, approval,
opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by
the department and filed with the office of the code reviser.
In accordance with the department’s retention schedule obligations under chapter 40.14 RCW, the department shall
maintain a complete and accurate record of all written orders,
rulings, approvals, opinions, advice, determinations, and
interpretations for purposes of determining whether an
employer is immune from civil penalties under (b)(ii) of this
subsection.
(c) The department shall waive any civil penalty
assessed against an employer under this section if the director
determines that the employer has provided payment to the
employee of all wages that the department determined that
the employer owed to the employee, including interest,
within ten business days of the employer’s receipt of the citation and notice of assessment from the department.
(d) The department may waive at any time a civil penalty
assessed under this section, in whole or in part, if the director
determines that the employer paid all wages owed to an
employee.
(e) The department shall deposit civil penalties paid
under this section in the supplemental pension fund established under RCW 51.44.033.
49.48.083
(2008 Ed.)
49.48.084
(4) Upon payment by an employer, and acceptance by an
employee, of all wages and interest assessed by the department in a citation and notice of assessment issued to the
employer, the fact of such payment by the employer, and of
such acceptance by the employee, shall: (a) Constitute a full
and complete satisfaction by the employer of all specific
wage payment requirements addressed in the citation and
notice of assessment; and (b) bar the employee from initiating or pursuing any court action or other judicial or administrative proceeding based on the specific wage payment
requirements addressed in the citation and notice of assessment. The citation and notice of assessment shall include a
notification and summary of the specific requirements of this
subsection. [2006 c 89 § 2.]
Captions not law—2006 c 89: See note following RCW 49.48.082.
49.48.084
49.48.084 Wage complaints—Administrative
appeals. (1) A person, firm, or corporation aggrieved by a
citation and notice of assessment or a determination of compliance issued by the department under RCW 49.48.083 may
appeal the citation and notice of assessment or the determination of compliance to the director by filing a notice of appeal
with the director within thirty days of the department’s issuance of the citation and notice of assessment or the determination of compliance. A citation and notice of assessment or
a determination of compliance not appealed within thirty
days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this
section shall stay the effectiveness of the citation and notice
of assessment or the determination of compliance pending
final review of the appeal by the director as provided for in
chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director shall
assign the hearing to an administrative law judge of the office
of administrative hearings to conduct the hearing and issue an
initial order. The hearing and review procedures shall be
conducted in accordance with chapter 34.05 RCW, and the
standard of review by the administrative law judge of an
appealed citation and notice of assessment or an appealed
determination of compliance shall be de novo. Any party
who seeks to challenge an initial order shall file a petition for
administrative review with the director within thirty days
after service of the initial order. The director shall conduct
administrative review in accordance with chapter 34.05
RCW.
(4) The director shall issue all final orders after appeal of
the initial order. The final order of the director is subject to
judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period
specified in this section and chapter 34.05 RCW are final and
binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection
of records in an investigation by the department under this
chapter within a reasonable time period may not use such
records in any appeal under this section to challenge the correctness of any determination by the department of wages
owed. [2006 c 89 § 3.]
Captions not law—2006 c 89: See note following RCW 49.48.082.
[Title 49 RCW—page 59]
49.48.085
Title 49 RCW: Labor Regulations
49.48.085 Wage complaints—Employee termination
of administrative action. (1) An employee who has filed a
wage complaint with the department may elect to terminate
the department’s administrative action, thereby preserving
any private right of action, by providing written notice to the
department within ten business days after the employee’s
receipt of the department’s citation and notice of assessment.
(2) If the employee elects to terminate the department’s
administrative action: (a) The department shall immediately
discontinue its action against the employer; (b) the department shall vacate a citation and notice of assessment already
issued by the department to the employer; and (c) the citation
and notice of assessment, and any related findings of fact or
conclusions of law by the department, and any payment or
offer of payment by the employer of the wages, including
interest, assessed by the department in the citation and notice
of assessment, shall not be admissible in any court action or
other judicial or administrative proceeding.
(3) Nothing in this section shall be construed to limit or
affect: (a) The right of any employee to pursue any judicial,
administrative, or other action available with respect to an
employer; (b) the right of the department to pursue any judicial, administrative, or other action available with respect to
an employee that is identified as a result of a wage complaint;
or (c) the right of the department to pursue any judicial,
administrative, or other action available with respect to an
employer in the absence of a wage complaint. For purposes
of this subsection, "employee" means an employee other than
an employee who has filed a wage complaint with the department and who thereafter has elected to terminate the department’s administrative action as provided in subsection (1) of
this section. [2006 c 89 § 4.]
49.48.085
Captions not law—2006 c 89: See note following RCW 49.48.082.
49.48.086 Collection procedures. (1) After a final
order is issued under RCW 49.48.084, if an employer
defaults in the payment of: (a) Any wages determined by the
department to be owed to an employee, including interest; or
(b) any civil penalty ordered by the department under RCW
49.48.083, the director may file with the clerk of any county
within the state a warrant in the amount of the payment plus
any filing fees. The clerk of the county in which the warrant
is filed shall immediately designate a superior court cause
number for the warrant, and the clerk shall cause to be
entered in the judgment docket under the superior court cause
number assigned to the warrant, the name of the employer
mentioned in the warrant, the amount of payment due on it
plus any filing fees, and the date when the warrant was filed.
The aggregate amount of the warrant as docketed becomes a
lien upon the title to, and interest in, all real and personal
property of the employer against whom the warrant is issued,
the same as a judgment in a civil case docketed in the office
of the clerk. The sheriff shall proceed upon the warrant in all
respects and with like effect as prescribed by law with respect
to execution or other process issued against rights or property
upon judgment in a court of competent jurisdiction. The warrant so docketed is sufficient to support the issuance of writs
of garnishment in favor of the state in a manner provided by
law in case of judgment, wholly or partially unsatisfied. The
clerk of the court is entitled to a filing fee which will be added
to the amount of the warrant. A copy of the warrant shall be
49.48.086
[Title 49 RCW—page 60]
mailed to the employer within three days of filing with the
clerk.
(2)(a) The director may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the
state, a notice and order to withhold and deliver property of
any kind when he or she has reason to believe that there is in
the possession of the person, firm, corporation, other entity,
municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will
become due, owing, or belonging to an employer upon whom
a notice of assessment has been served by the department for
payments or civil penalties due to the department. The effect
of a notice and order is continuous from the date the notice
and order is first made until the liability out of which the
notice and order arose is satisfied or becomes unenforceable
because of lapse of time. The department shall release the
notice and order when the liability out of which the notice
and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom
the notice and order was made that the notice and order has
been released.
(b) The notice and order to withhold and deliver must be
served by the sheriff of the county or by the sheriff’s deputy,
by certified mail, return receipt requested, or by the director.
A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or
agency of the state upon whom service has been made shall
answer the notice within twenty days exclusive of the day of
service, under oath and in writing, and shall make true
answers to the matters inquired of in the notice and order.
Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the
department, the party shall promptly deliver the property to
the director. The director shall hold the property in trust for
application on the employer’s indebtedness to the department, or for return without interest, in accordance with a final
determination of a petition for review. In the alternative, the
party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of
liability. If a party served and named in the notice fails to
answer the notice within the time prescribed in this section,
the court may render judgment by default against the party
for the full amount claimed by the director in the notice,
together with costs. If a notice is served upon an employer
and the property subject to it is wages, the employer may
assert in the answer all exemptions provided for by chapter
6.27 RCW to which the wage earner is entitled.
(3) In addition to the procedure for collection of wages
owed, including interest, and civil penalties as set forth in this
section, the department may recover wages owed, including
interest, and civil penalties assessed under RCW 49.48.083 in
a civil action brought in a court of competent jurisdiction of
the county where the violation is alleged to have occurred.
(4) This section does not affect other collection remedies
that are otherwise provided by law. [2006 c 89 § 5.]
Captions not law—2006 c 89: See note following RCW 49.48.082.
(2008 Ed.)
Wages—Payment—Collection
49.48.087 Rules. The director may adopt rules to carry
out the purposes of RCW 49.48.082 through 49.48.086.
[2006 c 89 § 6.]
49.48.087
Captions not law—2006 c 89: See note following RCW 49.48.082.
49.48.090 Assignment of wages—Requisites to validity. No assignment of, or order for, wages to be earned in the
future to secure a loan of less than three hundred dollars, shall
be valid against an employer of the person making said
assignment or order unless said assignment or order is
accepted in writing by the employer, and said assignment or
order, and the acceptance of the same, have been filed and
recorded with the county auditor of the county where the
party making said assignment or order resides, if a resident of
the state, or in which he is employed, if not a resident of the
state. [1909 c 32 § 1; RRS § 7597.]
49.48.090
49.48.100 Written consent of spouse required. No
assignment of, or order for, wages to be earned in the future
shall be valid, when made by a married person, unless the
written consent of the other spouse to the making of such
assignment or order is attached thereto. [1972 ex.s. c 108 § 7;
1909 c 32 § 2; RRS § 7598.]
49.48.100
49.48.115 Employer defined. For the purposes of
RCW 49.48.120 the word "employer" shall include every
person, firm, partnership, corporation, the state of Washington, and all municipal corporations. [1939 c 139 § 1; RRS §
1464-1. Formerly RCW 49.48.120, part.]
49.48.115
49.48.120 Payment on employee’s death. (1) If at the
time of the death of any person, his or her employer is
indebted to him or her for work, labor, and services performed, and no executor or administrator of his or her estate
has been appointed, the employer shall upon the request of
the surviving spouse pay the indebtedness in an amount as
may be due not exceeding the sum of two thousand five hundred dollars, to the surviving spouse, or if the decedent leaves
no surviving spouse, then to the decedent’s child or children,
or if no children, then to the decedent’s father or mother.
(2) In the event the decedent’s employer is the state of
Washington, then the amount of the indebtedness that can be
paid under subsection (1) of this section shall not exceed ten
thousand dollars. At the beginning of each biennium, the
director of financial management may by administrative policy adjust the amount of indebtedness that can be paid under
this subsection to levels not to exceed the percentage increase
in the consumer price index for all urban consumers, CPI-U,
for Seattle, or a successor index, for the previous biennium as
calculated by the United States department of labor.
Adjusted dollar amounts of indebtedness shall be rounded to
the nearest five hundred dollar increment.
(3) If the decedent and the surviving spouse have entered
into a community property agreement that meets the requirements of RCW 26.16.120, and the right to the indebtedness
became the sole property of the surviving spouse upon the
death of the decedent, the employer shall pay to the surviving
spouse the total of the indebtedness, or that portion which is
governed by the community property agreement, upon presentation of the agreement accompanied by an affidavit or
49.48.120
(2008 Ed.)
49.48.160
declaration of the surviving spouse stating that the agreement
was executed in good faith between the parties and had not
been rescinded by the parties before the decedent’s death.
(4) In all cases, the employer shall require proof of the
claimant’s relationship to the decedent by affidavit or declaration, and shall require the claimant to acknowledge receipt
of the payment in writing.
(5) Any payments made by an employer pursuant to the
provisions of RCW 49.48.115 and 49.48.120 shall operate as
a full and complete discharge of the employer’s indebtedness
to the extent of the payment, and no employer shall thereafter
be liable to the decedent’s estate, or the decedent’s executor
or administrator thereafter appointed.
(6) The employer may also pay the indebtedness upon
presentation of an affidavit as provided in RCW 11.62.010.
[2003 c 122 § 1; 1981 c 333 § 2; 1974 ex.s. c 117 § 42; 1967
c 210 § 1; 1939 c 139 § 2; RRS § 1464-2. FORMER PART
OF SECTION: 1939 c 139 § 1; RRS § 1464-1 now codified
as RCW 49.48.115.]
Application, construction—Severability—Effective date—1974
ex.s. c 117: See RCW 11.02.080 and notes following.
49.48.150 Sales representatives—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 49.48.160 through 49.48.190.
(1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage
of the dollar amount of certain orders for or sales of the principal’s product.
(2) "Principal" means a person, whether or not the person
has a permanent or fixed place of business in this state, who:
(a) Manufactures, produces, imports, or distributes a
product for sale to customers who purchase the product for
resale;
(b) Uses a sales representative to solicit orders for the
product; and
(c) Compensates the sales representative in whole or in
part by commission.
(3) "Sales representative" means a person who solicits,
on behalf of a principal, orders for the purchase at wholesale
of the principal’s product, but does not include a person who
places orders for his own account for resale, or purchases for
his own account for resale, or sells or takes orders for the
direct sale of products to the ultimate consumer. [1992 c 177
§ 1.]
49.48.150
Severability—1992 c 177: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 177 § 7.]
49.48.160 Sales representatives—Contract—Agreement. (1) A contract between a principal and a sales representative under which the sales representative is to solicit
wholesale orders within this state must be in writing and must
set forth the method by which the sales representative’s commission is to be computed and paid. The principal shall provide the sales representative with a copy of the contract. A
provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.
(2) When no written contract has been entered into, any
agreement between a sales representative and a principal is
49.48.160
[Title 49 RCW—page 61]
49.48.170
Title 49 RCW: Labor Regulations
deemed to incorporate the provisions of RCW 49.48.150
through 49.48.190.
(3) During the course of the contract, a sales representative shall be paid the earned commission and all other moneys earned or payable in accordance with the agreed terms of
the contract, but no later than thirty days after receipt of payment by the principal for products or goods sold on behalf of
the principal by the sales representative.
Upon termination of a contract, whether or not the agreement is in writing, all earned commissions due to the sales
representative shall be paid within thirty days after receipt of
payment by the principal for products or goods sold on behalf
of the principal by the sales representative, including earned
commissions not due when the contract is terminated. [1992
c 177 § 2.]
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.170 Sales representatives—Payment. A principal shall pay wages and commissions at the usual place of
payment unless the sales representative requests that the
wages and commissions be sent through registered mail. If, in
accordance with a request by the sales representative, the
sales representative’s wages and commissions are sent
through the mail, the wages and commissions are deemed to
have been paid as of the date of their registered postmark.
[1992 c 177 § 3.]
49.48.170
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.180 Sales representatives—Principal considered doing business in this state. A principal who is not a
resident of this state and who enters into a contract subject to
RCW 49.48.150 through 49.48.190 is considered to be doing
business in this state for purposes of the exercise of personal
jurisdiction over the principal. [1992 c 177 § 4.]
49.48.180
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.190 Sales representatives—Rights and remedies not exclusive—Waiver void. (1) RCW 49.48.150
through 49.48.190 supplement but do not supplant any other
rights and remedies enjoyed by sales representatives.
(2) A provision of RCW 49.48.150 through 49.48.190
may not be waived, whether by express waiver or by attempt
to make a contract or agreement subject to the laws of another
state. A waiver of a provision of RCW 49.48.150 through
49.48.190 is void. [1992 c 177 § 5.]
49.48.190
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.200 Overpayment of wages—Government
employees. (1) Debts due the state or a county or city for the
overpayment of wages to their respective employees may be
recovered by the employer by deductions from subsequent
wage payments as provided in RCW 49.48.210, or by civil
action. If the overpayment is recovered by deduction from
the employee’s subsequent wages, each deduction shall not
exceed: (a) Five percent of the employee’s disposable earnings in a pay period other than the final pay period; or (b) the
amount still outstanding from the employee’s disposable
earnings in the final pay period. The deductions from wages
shall continue until the overpayment is fully recouped.
49.48.200
[Title 49 RCW—page 62]
(2) Nothing in this section or RCW 49.48.210 or
49.48.220 prevents: (a) An employee from making payments
in excess of the amount specified in subsection (1)(a) of this
section to an employer; or (b) an employer and employee
from agreeing to a different overpayment amount than that
specified in the notice in RCW 49.48.210(1) or to a method
other than a deduction from wages for repayment of the overpayment amount. [2004 c 7 § 1; 2003 c 77 § 1.]
Severability—2004 c 7: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 7 § 3.]
49.48.210
49.48.210 Overpayment of wages—Notice—
Review—Appeal. (1) Except as provided in subsection (10)
of this section, when an employer determines that an
employee was overpaid wages, the employer shall provide
written notice to the employee. The notice shall include the
amount of the overpayment, the basis for the claim, a demand
for payment within twenty calendar days of the date on which
the employee received the notice, and the rights of the
employee under this section.
(2) The notice may be served upon the employee in the
manner prescribed for the service of a summons in a civil
action, or be mailed by certified mail, return receipt
requested, to the employee at his or her last known address.
(3) Within twenty calendar days after receiving the
notice from the employer that an overpayment has occurred,
the employee may request, in writing, that the employer
review its finding that an overpayment has occurred. The
employee may choose to have the review conducted through
written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If
the request is not made within the twenty-day period as provided in this subsection, the employee may not further challenge the overpayment and has no right to further agency
review, an adjudicative proceeding, or judicial review.
(4) Upon receipt of an employee’s written request for
review of the overpayment, the employer shall review the
employee’s challenge to the overpayment. Upon completion
of the review, the employer shall notify the employee in writing of the employer’s decision regarding the employee’s
challenge. The notification must be sent by certified mail,
return receipt requested, to the employee at his or her last
known address.
(5) If the employee is dissatisfied with the employer’s
decision regarding the employee’s challenge to the overpayment, the employee may request an adjudicative proceeding
governed by the administrative procedure act, chapter 34.05
RCW or, in the case of a county or city employee, an adjudicative proceeding provided pursuant to ordinance or resolution of the county or city. The employee’s application for an
adjudicative proceeding must be in writing, state the basis for
contesting the overpayment notice, and include a copy of the
employer’s notice of overpayment. The application must be
served on and received by the employer within twenty-eight
calendar days of the employee’s receipt of the employer’s
decision following review of the employee’s challenge. Notwithstanding RCW 34.05.413(3), agencies may not vary the
requirements of this subsection (5) by rule or otherwise. The
(2008 Ed.)
Wages—Deductions—Contributions—Rebates
employee must serve the employer by certified mail, return
receipt requested.
(6) If the employee does not request an adjudicative proceeding within the twenty-eight-day period, the amount of
the overpayment provided in the notice shall be deemed final
and the employer may proceed to recoup the overpayment as
provided in this section and RCW 49.48.200.
(7) Where an adjudicative proceeding has been
requested, the presiding or reviewing officer shall determine
the amount, if any, of the overpayment received by the
employee.
(8) If the employee fails to attend or participate in the
adjudicative proceeding, upon a showing of valid service, the
presiding or reviewing officer may enter an administrative
order declaring the amount claimed in the notice sent to the
employee after the employer’s review of the employee’s
challenge to the overpayment to be assessed against the
employee and subject to collection action by the employer as
provided in RCW 49.48.200.
(9) Failure to make an application for a review by the
employer as provided in subsections (3) and (4) of this section or an adjudicative proceeding within twenty-eight calendar days of the date of receiving notice of the employer’s
decision after review of the overpayment shall result in the
establishment of a final debt against the employee in the
amount asserted by the employer, which debt shall be collected as provided in RCW 49.48.200.
(10) When an employer determines that an employee
covered by a collective bargaining agreement was overpaid
wages, the employer shall provide written notice to the
employee. The notice shall include the amount of the overpayment, the basis for the claim, and the rights of the
employee under the collective bargaining agreement. Any
dispute relating to the occurrence or amount of the overpayment shall be resolved using the grievance procedures contained in the collective bargaining agreement.
(11) As used in this section or RCW 49.48.210
[49.48.200] and 49.48.220:
(a) "City" means city or town;
(b) "Employer" means the state of Washington or a
county or city, and any of its agencies, institutions, boards, or
commissions; and
(c) "Overpayment" means a payment of wages for a pay
period that is greater than the amount earned for a pay period.
[2004 c 7 § 2; 2003 c 77 § 2.]
Severability—2004 c 7: See note following RCW 49.48.200.
49.48.220 Rules. The office of financial management
shall adopt the rules necessary to implement chapter 77,
Laws of 2003. [2003 c 77 § 3.]
49.48.220
49.52.050
49.52.060
49.52.070
49.52.080
49.52.090
49.52.030
Rebates of wages—False records—Penalty.
Authorized withholding.
Civil liability for double damages.
Presumption as to intent.
Rebates of wages on public works—Penalty.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
Mutual savings bank employees, pension, retirement, or health insurance
benefits: RCW 32.04.082.
Public employees, payroll deductions: RCW 41.04.020, 41.04.030,
41.04.035, and 41.04.036.
49.52.010 Employees’ benefit deductions and
employer contributions are trust funds—Enforcement.
All moneys collected by any employer from his or its
employees and all money to be paid by any employer as his
contribution for furnishing, either directly, or through contract, or arrangement with a hospital association, corporation,
firm or individual, of medicine, medical or surgical treatment, nursing, hospital service, ambulance service, dental
service, burial service, or any or all of the above enumerated
services, or any other necessary service, contingent upon
sickness, accident or death, are hereby declared to be a trust
fund for the purposes for which the same are collected. The
trustees (or their administrator, representative, or agent under
direction of the trustees) of such fund are authorized to take
such action as is deemed necessary to ensure that the
employer contributions are made including, but not limited to
filing actions at law, and filing liens against moneys due to
the employer from the performance of labor or furnishing of
materials to which the employees contributed their services.
Such trust fund is subject to the provisions of *chapter 48.52
RCW. [1975 c 34 § 1; 1927 c 307 § 1; RRS § 7614-1.]
49.52.010
*Reviser’s note: Chapter 48.52 RCW was repealed by 1979 ex.s. c 34
§ 1.
49.52.020 Lien of party rendering service. In case any
employer collecting moneys from his employees or making
contributions to any type of benefit plan for any or all of the
purposes specified in RCW 49.52.010, shall enter into a contract or arrangement with any hospital association, corporation, firm or individual, to furnish any such service to its
employees, the association, corporation, firm or individual
contracting to furnish such services, shall have a lien upon
such trust fund prior to all other liens except taxes. The lien
hereby created shall attach from the date of the arrangement
or contract to furnish such services and may be foreclosed in
the manner provided by law for the foreclosure of other liens
on personal property. [1975 c 34 § 2; 1927 c 307 § 2; RRS §
7614-2.]
49.52.020
49.52.030 Deductions in extrahazardous employment—Medical aid fund deductions excluded. All moneys realized by any employer from the employer’s employees
either by collection or by deduction from the wages or pay of
employees intended or to be used for the furnishing to workers engaged in extrahazardous work, their families or dependents, of medical, surgical or hospital care and treatment, or
for nursing, ambulance service, burial or any or all of the
above enumerated services, or any service incidental to or
furnished or rendered because of sickness, disease, accident
or death, and all moneys owing by any employer therefor,
49.52.030
Chapter 49.52
Chapter 49.52 RCW
WAGES—DEDUCTIONS—
CONTRIBUTIONS—REBATES
Sections
49.52.010
49.52.020
49.52.030
49.52.040
(2008 Ed.)
Employees’ benefit deductions and employer contributions are
trust funds—Enforcement.
Lien of party rendering service.
Deductions in extrahazardous employment—Medical aid fund
deductions excluded.
Actions to recover for service—Lien—Priority.
[Title 49 RCW—page 63]
49.52.040
Title 49 RCW: Labor Regulations
shall be and remain a fund for the purposes for which such
moneys are intended to be used, and shall not constitute or
become any part of the assets of the employer making such
collections or deductions: PROVIDED, HOWEVER, That
RCW 49.52.030 and 49.52.040 shall not apply to moneys
collected or deducted as aforesaid for, or owing by employers
to the state medical aid fund. Such moneys shall be paid over
promptly to the physician or surgeon or hospital association
or other parties to which such moneys are due and for the purposes for which such collections or deductions were made.
[1989 c 12 § 16; 1929 c 136 § 1; RRS § 7713-1.]
49.52.040 Actions to recover for service—Lien—Priority. If any such employer shall default in any such payment to any physician, surgeon, hospital, hospital association
or any other parties to whom any such payment is due, the
sum so due may be collected by an action at law in the name
of the physician, surgeon, hospital, hospital association or
any other party to whom such payment is owing, or their
assigns and against such defaulting employer, and in addition
to such action, such claims shall have the same priority and
lien rights as granted to the state for claims due the accident
and medical aid funds by section 7682 of Remington’s Compiled Statutes of Washington, 1922 [RCW 51.16.150 through
51.16.170], and acts amendatory thereto, which priority and
lien rights shall be enforced in the same manner and under the
same conditions as provided in said section 7682 [RCW
51.16.150 through 51.16.170]: PROVIDED, HOWEVER,
That the said claims for physicians, surgeons, hospitals and
hospital associations and others shall be secondary and inferior to any claims of the state and to any claims for labor.
Such right of action shall be in addition to any other right of
action or remedy. [1929 c 136 § 2; RRS § 7713-2.]
49.52.040
49.52.050 Rebates of wages—False records—Penalty. Any employer or officer, vice principal or agent of any
employer, whether said employer be in private business or an
elected public official, who
(1) Shall collect or receive from any employee a rebate
of any part of wages theretofore paid by such employer to
such employee; or
(2) Wilfully and with intent to deprive the employee of
any part of his wages, shall pay any employee a lower wage
than the wage such employer is obligated to pay such
employee by any statute, ordinance, or contract; or
(3) Shall wilfully make or cause another to make any
false entry in any employer’s books or records purporting to
show the payment of more wages to an employee than such
employee received; or
(4) Being an employer or a person charged with the duty
of keeping any employer’s books or records shall wilfully fail
or cause another to fail to show openly and clearly in due
course in such employer’s books and records any rebate of or
deduction from any employee’s wages; or
(5) Shall wilfully receive or accept from any employee
any false receipt for wages;
Shall be guilty of a misdemeanor. [1941 c 72 § 1; 1939
c 195 § 1; Rem. Supp. 1941 § 7612-21.]
tence or clause thereof not adjudged unconstitutional." [1939 c 195 § 5; RRS
§ 7612-25.] This applies to RCW 49.52.050 through 49.52.080.
49.52.060
49.52.060 Authorized withholding. The provisions of
RCW 49.52.050 shall not make it unlawful for an employer
to withhold or divert any portion of an employee’s wages
when required or empowered so to do by state or federal law
or when a deduction has been expressly authorized in writing
in advance by the employee for a lawful purpose accruing to
the benefit of such employee nor shall the provisions of RCW
49.52.050 make it unlawful for an employer to withhold
deductions for medical, surgical, or hospital care or service,
pursuant to any rule or regulation: PROVIDED, That the
employer derives no financial benefit from such deduction
and the same is openly, clearly and in due course recorded in
the employer’s books. [1939 c 195 § 2; RRS § 7612-22.]
Penalty for coercion as to purchase of goods, meals, etc.: RCW 49.48.020.
Public employment, payroll deductions: RCW 41.04.020, 41.04.030,
41.04.035, and 41.04.036.
Wages to be paid in lawful money or negotiable order, penalty: RCW
49.48.010.
49.52.070
49.52.070 Civil liability for double damages. Any
employer and any officer, vice principal or agent of any
employer who shall violate any of the provisions of subdivisions (1) and (2) of RCW 49.52.050 shall be liable in a civil
action by the aggrieved employee or his assignee to judgment
for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of
suit and a reasonable sum for attorney’s fees: PROVIDED,
HOWEVER, That the benefits of this section shall not be
available to any employee who has knowingly submitted to
such violations. [1939 c 195 § 3; RRS § 7612-23.]
49.52.050
Severability—1939 c 195: "If any section, subsection, sentence or
clause of this act shall be adjudged unconstitutional, such adjudication shall
not affect the validity of the act as a whole or of any section, subsection, sen[Title 49 RCW—page 64]
49.52.080
49.52.080 Presumption as to intent. The violations by
an employer or any officer, vice principal, or agent of any
employer of any of the provisions of subdivisions (3), (4),
and (5) of RCW 49.52.050 shall raise a presumption that any
deduction from or underpayment of any employee’s wages
connected with such violation was wilful. [1939 c 195 § 4;
RRS § 7612-24.]
49.52.090
49.52.090 Rebates of wages on public works—Penalty. Every person, whether as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes
or receives, or conspires with another to take or receive, for
his own use or the use of any other person acting with him
any part or portion of the wages paid to any laborer, workman
or mechanic, including a piece worker and working subcontractor, in connection with services rendered upon any public
work within this state, whether such work is done directly for
the state, or public body or officer thereof, or county, city and
county, city, town, township, district or other political subdivision of the said state or for any contractor or subcontractor
engaged in such public work for such an awarding or public
body or officer, shall be guilty of a gross misdemeanor.
[1935 c 29 § 1; RRS § 10320-1.]
Prevailing wages must be paid on public works: RCW 39.12.020.
(2008 Ed.)
Discrimination—Human Rights Commission
Chapter 49.56 RCW
WAGES—PRIORITIES—PREFERENCES
Chapter 49.56
Sections
49.56.010
49.56.020
49.56.030
49.56.040
Priority of wages in insolvency.
Preference on death of employer.
Priority in executions, attachments, etc.
Labor claims paramount to claims by state agencies.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
49.56.010 Priority of wages in insolvency. In all
assignments of property made by any person to trustees or
assignees on account of the inability of the person at the time
of the assignment to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks or laborers employed by such persons to the
amount of one hundred dollars, each, and for services rendered within sixty days previously, are preferred claims, and
must be paid by such trustees or assignees before any other
creditor or creditors of the assignor. [Code 1881 § 1972;
1877 p 223 § 34; RRS § 1204.]
49.56.010
Construction—1877 p 224: "In construing the provisions of this act,
words used in the masculine gender include the feminine and neuter, the singular number includes the plural and the plural the singular; the word person
includes a corporation as well as a natural person, and the word writing
includes printing." [1877 p 224 § 37.]
Construction—1877 p 224: "This act establishes the law of this territory respecting the subject to which it relates and its provisions and all proceedings under it are to be liberally construed with a view to effect its
object." [1877 p 224 § 39.]
Repeal and saving—1877 p 224: "All acts relating to any kind or class
of liens provided for in this act are hereby repealed, but no action or proceeding commenced before this act takes effect, and no right accrued is affected
by such repeal but the proceedings therein must conform to the requirements
of this act as far as applicable." [1877 p 224 § 38.]
Effective date—1877 p 224: "This act shall take effect and be in force
from and after its passage and the approval thereof by the governor."
(Approved, November 8th, 1877.) [1877 p 224 § 40.]
49.56.020 Preference on death of employer. In case of
the death of any employer, the wages of each miner,
mechanic, salesman, clerk, servant and laborer for services
rendered within sixty days next preceding the death of the
employer, not exceeding one hundred dollars, rank in priority
next after the funeral expenses, expenses of the last sickness,
the charges and expenses of administering upon the estate
and the allowance to the widow and infant children, and must
be paid before other claims against the estate of the deceased
person. [Code 1881 § 1973; 1877 p 223 § 35; RRS § 1205.]
49.56.020
49.56.030 Priority in executions, attachments, etc. In
cases of executions, attachments and writs of similar nature
issued against any person, except for claims for labor done,
any miners, mechanics, salesmen, servants, clerks and laborers who have claims against the defendant for labor done,
may give notice of their claims and the amount thereof,
sworn to by the person making the claim to the creditor and
the officer executing either of such writs at any time before
the actual sale of property levied on, and unless such claim is
disputed by the debtor or a creditor, such officer must pay to
such person out of the proceeds of the sale, the amount each
is entitled to receive for services rendered within sixty days
next preceding the levy of the writ, not exceeding one hun49.56.030
(2008 Ed.)
Chapter 49.60
dred dollars. If any or all the claims so presented and claiming preference under this chapter, are disputed by either the
debtor or a creditor, the person presenting the same must
commence an action within ten days from the recovery
thereof, and must prosecute his action with due diligence, or
be forever barred from any claim of priority of payment
thereof; and the officer shall retain possession of so much of
the proceeds of the sale as may be necessary to satisfy such
claim, until the determination of such action; and in case
judgment be had for the claim or any part thereof, carrying
costs, the costs taxable therein shall likewise be a preferred
claim with the same rank as the original claim. [Code 1881 §
1974; 1877 p 223 § 36; RRS § 1206.]
49.56.040 Labor claims paramount to claims by state
agencies. In distraint or insolvency proceedings affecting the
assets of an employer, claims for labor, salaries or wages not
to exceed six hundred dollars to each claimant which have
been earned within three months before the date of the distraint or commencement of the proceeding shall be paramount and superior to any claim preferred or presented by an
agency of the state: PROVIDED, That this section shall not
apply to any compensation payable to an employer or to an
officer, director, or stockholder of a corporate employer.
[1967 ex.s. c 86 § 1.]
49.56.040
Chapter 49.60
Chapter 49.60 RCW
DISCRIMINATION—
HUMAN RIGHTS COMMISSION
Sections
49.60.010
49.60.020
49.60.030
49.60.040
49.60.040
49.60.050
49.60.051
49.60.060
49.60.070
49.60.080
49.60.090
49.60.100
49.60.110
49.60.120
49.60.130
49.60.140
49.60.150
49.60.160
49.60.170
49.60.172
49.60.174
49.60.175
49.60.176
49.60.178
49.60.180
49.60.190
49.60.200
49.60.205
49.60.210
49.60.215
49.60.220
49.60.222
Purpose of chapter.
Construction of chapter—Election of other remedies.
Freedom from discrimination—Declaration of civil rights.
Definitions (as amended by 2007 c 187).
Definitions (as amended by 2007 c 317).
Commission created.
Board name changed to Washington State Human Rights
Commission.
Membership of commission.
Compensation and reimbursement for travel expenses of commission members.
Official seal.
Offices of commission.
Reports of commission.
Commission to formulate policies.
Certain powers and duties of commission.
May create advisory agencies and conciliation councils.
Commission may hold hearings and subpoena witnesses.
Witnesses compelled to testify.
Refusals may be punished as contempt of court.
Witness fees—Deposition fees.
Unfair practices with respect to HIV or hepatitis C infection.
Evaluation of claim of discrimination—Actual or perceived
HIV or hepatitis C infection.
Unfair practices of financial institutions.
Unfair practices with respect to credit transactions.
Unfair practices with respect to insurance transactions.
Unfair practices of employers.
Unfair practices of labor unions.
Unfair practices of employment agencies.
Age discrimination—Limitation.
Unfair practices—Discrimination against person opposing
unfair practice—Retaliation against whistleblower.
Unfair practices of places of public resort, accommodation,
assemblage, amusement.
Unfair practice to aid violation.
Unfair practices with respect to real estate transactions, facilities, or services.
[Title 49 RCW—page 65]
49.60.010
49.60.223
49.60.2235
49.60.224
49.60.225
49.60.226
49.60.227
49.60.230
49.60.240
49.60.250
49.60.260
49.60.270
49.60.280
49.60.310
49.60.320
49.60.330
49.60.340
49.60.350
49.60.360
49.60.370
49.60.380
49.60.390
49.60.400
49.60.401
Title 49 RCW: Labor Regulations
Unfair practice to induce sale or rental of real property by representations regarding entry into neighborhood of persons of
particular race, disability, etc.
Unfair practice to coerce, intimidate, threaten, or interfere
regarding secured real estate transaction rights.
Real property contract provisions restricting conveyance,
encumbrance, occupancy, or use to persons of particular
race, disability, etc., void—Unfair practice.
Relief for unfair practice in real estate transaction—Damages—Penalty.
Cooperative agreements between units of government for processing complaints.
Declaratory judgment action to strike discriminatory provision
of real property contract.
Complaint may be filed with commission.
Complaint investigated—Conference, conciliation—Agreement, findings—Rules.
Hearing of complaint by administrative law judge—Limitation of relief—Penalties—Order—Arbitration.
Enforcement of orders of administrative law judge—Appellate
review of court order.
Appeal from orders of administrative law judge.
Court shall expeditiously hear and determine.
Misdemeanor to interfere with or resist commission.
Governor may act on orders against state or political subdivisions.
First-class cities of over one hundred twenty-five thousand
population—Administrative remedies authorized—Superior
court jurisdiction.
Election for civil action in lieu of hearing—Relief.
Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.
Refueling services for disabled drivers—Violation—Investigation—Intentional display of plate or placard invalid or not
legally issued prohibited—Fine—Notice to disabled persons.
Liability for killing or injuring dog guide or service animal—
Penalty in addition to other remedies or penalties—Recovery
of attorneys’ fees and costs—No duty to investigate.
License waiver for dog guide and service animals.
Rule-making authority—Deadline—1997 c 271.
Discrimination, preferential treatment prohibited.
Short title—1999 c 3.
Annual report on programs to reduce racial disproportionality: RCW
13.06.050.
Application forms—Licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Denial of civil rights: RCW 9.91.010.
Dog guide or service animal, interfering with: RCW 9.91.170.
Gender equality in higher education: Chapter 28B.110 RCW.
Individuals with disabilities, discrimination in public employment prohibited: RCW 70.84.080.
Interschool athletic and other extracurricular activities for students, discrimination prohibited: RCW 28A.600.200.
Malicious harassment because of a person’s race, color, religion, ancestry,
or national origin—Criminal penalty—Civil cause of action: RCW
9A.36.080.
Militia, organized, discrimination prohibited: RCW 38.40.110.
Sexual equality: State Constitution Art. 31 §§ 1, 2 (Amendment 61).
Sexual equality mandated for public schools: Chapter 28A.640 RCW.
Unfit buildings, discrimination prohibited: RCW 35.80.040.
49.60.010 Purpose of chapter. This chapter shall be
known as the "law against discrimination." It is an exercise
of the police power of the state for the protection of the public
welfare, health, and peace of the people of this state, and in
fulfillment of the provisions of the Constitution of this state
concerning civil rights. The legislature hereby finds and
declares that practices of discrimination against any of its
inhabitants because of race, creed, color, national origin,
families with children, sex, marital status, sexual orientation,
age, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the
49.60.010
[Title 49 RCW—page 66]
use of a trained dog guide or service animal by a person with
a disability are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of
its inhabitants but menaces the institutions and foundation of
a free democratic state. A state agency is herein created with
powers with respect to elimination and prevention of discrimination in employment, in credit and insurance transactions,
in places of public resort, accommodation, or amusement,
and in real property transactions because of race, creed, color,
national origin, families with children, sex, marital status,
sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and the commission established hereunder is hereby given general jurisdiction and
power for such purposes. [2007 c 187 § 1; 2006 c 4 § 1; 1997
c 271 § 1; 1995 c 259 § 1; 1993 c 510 § 1; 1985 c 185 § 1;
1973 1st ex.s. c 214 § 1; 1973 c 141 § 1; 1969 ex.s. c 167 § 1;
1957 c 37 § 1; 1949 c 183 § 1; Rem. Supp. 1949 § 7614-20.]
Effective date—1995 c 259: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 259 § 7.]
Severability—1993 c 510: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 510 § 26.]
Severability—1969 ex.s. c 167: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 167 § 10.]
Severability—1957 c 37: "If any provision of this act or the application
of such provision to any person or circumstance shall be held invalid, the
remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected
thereby." [1957 c 37 § 27.]
Severability—1949 c 183: "If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the
remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected
thereby." [1949 c 183 § 13.]
Community renewal law—Discrimination prohibited: RCW 35.81.170.
49.60.020 Construction of chapter—Election of other
remedies. The provisions of this chapter shall be construed
liberally for the accomplishment of the purposes thereof.
Nothing contained in this chapter shall be deemed to repeal
any of the provisions of any other law of this state relating to
discrimination because of race, color, creed, national origin,
sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, other than a law which
purports to require or permit doing any act which is an unfair
practice under this chapter. Nor shall anything herein contained be construed to deny the right to any person to institute
any action or pursue any civil or criminal remedy based upon
an alleged violation of his or her civil rights. This chapter
shall not be construed to endorse any specific belief, practice,
behavior, or orientation. Inclusion of sexual orientation in
this chapter shall not be construed to modify or supersede
state law relating to marriage. [2007 c 187 § 2; 2006 c 4 § 2;
1993 c 510 § 2; 1973 1st ex.s. c 214 § 2; 1973 c 141 § 2; 1957
c 37 § 2; 1949 c 183 § 12; Rem. Supp. 1949 § 7614-30.]
49.60.020
(2008 Ed.)
Discrimination—Human Rights Commission
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.030 Freedom from discrimination—Declaration of civil rights. (1) The right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation,
or the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a person
with a disability is recognized as and declared to be a civil
right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place
of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without
discrimination, including discrimination against families
with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not
unlawful under RCW 48.30.300, 48.44.220, or 48.46.370
does not constitute an unfair practice for the purposes of this
subparagraph; and
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts
or blacklists for purposes of this section shall be defined as
the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for
economic benefit between any persons which is not specifically authorized by the laws of the United States and which is
required or imposed, either directly or indirectly, overtly or
covertly, by a foreign government or foreign person in order
to restrict, condition, prohibit, or interfere with or in order to
exclude any person or persons from any business relationship
on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the
presence of any sensory, mental, or physical disability, or the
use of a trained dog guide or service animal by a person with
a disability, or national origin or lawful business relationship:
PROVIDED HOWEVER, That nothing herein contained
shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
(2) Any person deeming himself or herself injured by
any act in violation of this chapter shall have a civil action in
a court of competent jurisdiction to enjoin further violations,
or to recover the actual damages sustained by the person, or
both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this
chapter or the United States Civil Rights Act of 1964 as
amended, or the Federal Fair Housing Amendments Act of
1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an
employer against an employee or a prospective employee, or
any unfair practice in a real estate transaction which is the
basis for relief specified in the amendments to RCW
49.60.225 contained in chapter 69, Laws of 1993, any unfair
practice prohibited by this chapter which is committed in the
course of trade or commerce as defined in the Consumer Pro49.60.030
(2008 Ed.)
49.60.040
tection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not
reasonable in relation to the development and preservation of
business, and is an unfair or deceptive act in trade or commerce. [2007 c 187 § 3; 2006 c 4 § 3; 1997 c 271 § 2; 1995 c
135 § 3. Prior: 1993 c 510 § 3; 1993 c 69 § 1; 1984 c 32 § 2;
1979 c 127 § 2; 1977 ex.s. c 192 § 1; 1974 ex.s. c 32 § 1; 1973
1st ex.s. c 214 § 3; 1973 c 141 § 3; 1969 ex.s. c 167 § 2; 1957
c 37 § 3; 1949 c 183 § 2; Rem. Supp. 1949 § 7614-21.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 69 § 17.]
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
49.60.040
49.60.040 Definitions (as amended by 2007 c 187). The definitions
in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons;
and further includes any political or civil subdivisions of the state and any
agency or instrumentality of the state or of any political or civil subdivision
thereof((;)).
(2) "Commission" means the Washington state human rights commission((;)).
(3) "Employer" includes any person acting in the interest of an
employer, directly or indirectly, who employs eight or more persons, and
does not include any religious or sectarian organization not organized for private profit((;)).
(4) "Employee" does not include any individual employed by his or her
parents, spouse, or child, or in the domestic service of any person((;)).
(5) "Labor organization" includes any organization which exists for the
purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment((;)).
(6) "Employment agency" includes any person undertaking with or
without compensation to recruit, procure, refer, or place employees for an
employer((;)).
(7) "Marital status" means the legal status of being married, single, separated, divorced, or widowed((;)).
(8) "National origin" includes "ancestry"((;)).
(9) "Full enjoyment of" includes the right to purchase any service,
commodity, or article of personal property offered or sold on, or by, any
establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort,
accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or
the use of a trained dog guide or service animal by a ((disabled)) person with
a disability, to be treated as not welcome, accepted, desired, or solicited((;)).
(10) "Any place of public resort, accommodation, assemblage, or
amusement" includes, but is not limited to, any place, licensed or unlicensed,
kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for
the entertainment, housing, or lodging of transient guests, or for the benefit,
use, or accommodation of those seeking health, recreation, or rest, or for the
burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air,
including the stations and terminals thereof and the garaging of vehicles, or
where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of
any kind is offered with or without charge, or where medical service or care
is made available, or where the public gathers, congregates, or assembles for
amusement, recreation, or public purposes, or public halls, public elevators,
[Title 49 RCW—page 67]
49.60.040
Title 49 RCW: Labor Regulations
and public washrooms of buildings and structures occupied by two or more
tenants, or by the owner and one or more tenants, or any public library or
educational institution, or schools of special instruction, or nursery schools,
or day care centers or children’s camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute,
bona fide club, or place of accommodation, which is by its nature distinctly
private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in
this definition apply to any educational facility, columbarium, crematory,
mausoleum, or cemetery operated or maintained by a bona fide religious or
sectarian institution((;)).
(11) "Real property" includes buildings, structures, dwellings, real
estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest
therein((;)).
(12) "Real estate transaction" includes the sale, appraisal, brokering,
exchange, purchase, rental, or lease of real property, transacting or applying
for a real estate loan, or the provision of brokerage services((;)).
(13) "Dwelling" means any building, structure, or portion thereof that
is occupied as, or designed or intended for occupancy as, a residence by one
or more families, and any vacant land that is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion
thereof((;)).
(14) "Sex" means gender((;)).
(15) "Sexual orientation" means heterosexuality, homosexuality,
bisexuality, and gender expression or identity. As used in this definition,
"gender expression or identity" means having or being perceived as having a
gender identity, self-image, appearance, behavior, or expression, whether or
not that gender identity, self-image, appearance, behavior, or expression is
different from that traditionally associated with the sex assigned to that person at birth((;)).
(16) "Aggrieved person" means any person who: (a) Claims to have
been injured by an unfair practice in a real estate transaction; or (b) believes
that he or she will be injured by an unfair practice in a real estate transaction
that is about to occur((;)).
(17) "Complainant" means the person who files a complaint in a real
estate transaction((;)).
(18) "Respondent" means any person accused in a complaint or
amended complaint of an unfair practice in a real estate transaction((;)).
(19) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit
card issue or charge, or otherwise, and whether for personal or for business
purposes, in which a service, finance, or interest charge is imposed, or which
provides for repayment in scheduled payments, when such credit is extended
in the regular course of any trade or commerce, including but not limited to
transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be
deferred((;)).
(20) "Families with children status" means one or more individuals
who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals,
or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families
with children status also applies to any person who is pregnant or is in the
process of securing legal custody of any individual who has not attained the
age of eighteen years((;)).
(21) "Covered multifamily dwelling" means: (a) Buildings consisting
of four or more dwelling units if such buildings have one or more elevators;
and (b) ground floor dwelling units in other buildings consisting of four or
more dwelling units((;)).
(22) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the
public and common use areas of a building((;)).
(23) "Dog guide" means a dog that is trained for the purpose of guiding
blind persons or a dog that is trained for the purpose of assisting hearing
impaired persons((;)).
(24) "Service animal" means an animal that is trained for the purpose
of assisting or accommodating a ((disabled person’s)) person with a disability’s sensory, mental, or physical disability.
(25) "Honorably discharged veteran or military status" means a person
who is:
(a) A veteran, as defined in RCW 41.04.007; or
(b) An active or reserve member in any branch of the armed forces of
the United States, including the national guard, coast guard, and armed
[Title 49 RCW—page 68]
forces reserves. [2007 c 187 § 4; 2006 c 4 § 4; 1997 c 271 § 3; 1995 c 259 §
2. Prior: 1993 c 510 § 4; 1993 c 69 § 3; prior: 1985 c 203 § 2; 1985 c 185
§ 2; 1979 c 127 § 3; 1973 c 141 § 4; 1969 ex.s. c 167 § 3; 1961 c 103 § 1;
1957 c 37 § 4; 1949 c 183 § 3; Rem. Supp. 1949 § 7614-22.]
49.60.040
49.60.040 Definitions (as amended by 2007 c 317). The definitions
in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons;
and further includes any political or civil subdivisions of the state and any
agency or instrumentality of the state or of any political or civil subdivision
thereof;
(2) "Commission" means the Washington state human rights commission;
(3) "Employer" includes any person acting in the interest of an
employer, directly or indirectly, who employs eight or more persons, and
does not include any religious or sectarian organization not organized for private profit;
(4) "Employee" does not include any individual employed by his or her
parents, spouse, or child, or in the domestic service of any person;
(5) "Labor organization" includes any organization which exists for the
purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment;
(6) "Employment agency" includes any person undertaking with or
without compensation to recruit, procure, refer, or place employees for an
employer;
(7) "Marital status" means the legal status of being married, single, separated, divorced, or widowed;
(8) "National origin" includes "ancestry";
(9) "Full enjoyment of" includes the right to purchase any service,
commodity, or article of personal property offered or sold on, or by, any
establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort,
accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or
the use of a trained dog guide or service animal by a ((disabled)) person with
a disability, to be treated as not welcome, accepted, desired, or solicited;
(10) "Any place of public resort, accommodation, assemblage, or
amusement" includes, but is not limited to, any place, licensed or unlicensed,
kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for
the entertainment, housing, or lodging of transient guests, or for the benefit,
use, or accommodation of those seeking health, recreation, or rest, or for the
burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air,
including the stations and terminals thereof and the garaging of vehicles, or
where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of
any kind is offered with or without charge, or where medical service or care
is made available, or where the public gathers, congregates, or assembles for
amusement, recreation, or public purposes, or public halls, public elevators,
and public washrooms of buildings and structures occupied by two or more
tenants, or by the owner and one or more tenants, or any public library or
educational institution, or schools of special instruction, or nursery schools,
or day care centers or children’s camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute,
bona fide club, or place of accommodation, which is by its nature distinctly
private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in
this definition apply to any educational facility, columbarium, crematory,
mausoleum, or cemetery operated or maintained by a bona fide religious or
sectarian institution;
(11) "Real property" includes buildings, structures, dwellings, real
estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest
therein;
(12) "Real estate transaction" includes the sale, appraisal, brokering,
exchange, purchase, rental, or lease of real property, transacting or applying
for a real estate loan, or the provision of brokerage services;
(2008 Ed.)
Discrimination—Human Rights Commission
(13) "Dwelling" means any building, structure, or portion thereof that
is occupied as, or designed or intended for occupancy as, a residence by one
or more families, and any vacant land that is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion
thereof;
(14) "Sex" means gender;
(15) "Sexual orientation" means heterosexuality, homosexuality,
bisexuality, and gender expression or identity. As used in this definition,
"gender expression or identity" means having or being perceived as having a
gender identity, self-image, appearance, behavior, or expression, whether or
not that gender identity, self-image, appearance, behavior, or expression is
different from that traditionally associated with the sex assigned to that person at birth;
(16) "Aggrieved person" means any person who: (a) Claims to have
been injured by an unfair practice in a real estate transaction; or (b) believes
that he or she will be injured by an unfair practice in a real estate transaction
that is about to occur;
(17) "Complainant" means the person who files a complaint in a real
estate transaction;
(18) "Respondent" means any person accused in a complaint or
amended complaint of an unfair practice in a real estate transaction;
(19) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit
card issue or charge, or otherwise, and whether for personal or for business
purposes, in which a service, finance, or interest charge is imposed, or which
provides for repayment in scheduled payments, when such credit is extended
in the regular course of any trade or commerce, including but not limited to
transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be
deferred;
(20) "Families with children status" means one or more individuals
who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals,
or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families
with children status also applies to any person who is pregnant or is in the
process of securing legal custody of any individual who has not attained the
age of eighteen years;
(21) "Covered multifamily dwelling" means: (a) Buildings consisting
of four or more dwelling units if such buildings have one or more elevators;
and (b) ground floor dwelling units in other buildings consisting of four or
more dwelling units;
(22) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the
public and common use areas of a building;
(23) "Dog guide" means a dog that is trained for the purpose of guiding
blind persons or a dog that is trained for the purpose of assisting hearing
impaired persons;
(24) "Service animal" means an animal that is trained for the purpose
of assisting or accommodating a ((disabled person’s)) sensory, mental, or
physical disability of a person with a disability;
(25)(a) "Disability" means the presence of a sensory, mental, or physical impairment that:
(i) Is medically cognizable or diagnosable; or
(ii) Exists as a record or history; or
(iii) Is perceived to exist whether or not it exists in fact.
(b) A disability exists whether it is temporary or permanent, common
or uncommon, mitigated or unmitigated, or whether or not it limits the ability
to work generally or work at a particular job or whether or not it limits any
other activity within the scope of this chapter.
(c) For purposes of this definition, "impairment" includes, but is not
limited to:
(i) Any physiological disorder, or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological, musculoskeletal, special sense organs, respiratory, including
speech organs, cardiovascular, reproductive, digestive, genitor-urinary,
hemic and lymphatic, skin, and endocrine; or
(ii) Any mental, developmental, traumatic, or psychological disorder,
including but not limited to cognitive limitation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
(d) Only for the purposes of qualifying for reasonable accommodation
in employment, an impairment must be known or shown through an interactive process to exist in fact and:
(2008 Ed.)
49.60.060
(i) The impairment must have a substantially limiting effect upon the
individual’s ability to perform his or her job, the individual’s ability to apply
or be considered for a job, or the individual’s access to equal benefits, privileges, or terms or conditions of employment; or
(ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation
would aggravate the impairment to the extent that it would create a substantially limiting effect.
(e) For purposes of (d) of this subsection, a limitation is not substantial
if it has only a trivial effect. [2007 c 317 § 2; 2006 c 4 § 4; 1997 c 271 § 3;
1995 c 259 § 2. Prior: 1993 c 510 § 4; 1993 c 69 § 3; prior: 1985 c 203 § 2;
1985 c 185 § 2; 1979 c 127 § 3; 1973 c 141 § 4; 1969 ex.s. c 167 § 3; 1961 c
103 § 1; 1957 c 37 § 4; 1949 c 183 § 3; Rem. Supp. 1949 § 7614-22.]
Reviser’s note: RCW 49.60.040 was amended twice during the 2007
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Finding—2007 c 317: "The legislature finds that the supreme court, in
its opinion in McClarty v. Totem Electric, 157 Wn.2d 214, 137 P.3d 844
(2006), failed to recognize that the law against discrimination affords to state
residents protections that are wholly independent of those afforded by the
federal Americans with disabilities act of 1990, and that the law against discrimination has provided such protections for many years prior to passage of
the federal act." [2007 c 317 § 1.]
Retroactive application—2007 c 317: "This act is remedial and retroactive, and applies to all causes of action occurring before July 6, 2006, and
to all causes of action occurring on or after July 22, 2007." [2007 c 317 § 3.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Construction—1961 c 103: "Nothing herein shall be construed to render any person or corporation liable for breach of preexisting contracts by
reason of compliance by such person or corporation with this act." [1961 c
103 § 4.]
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
49.60.050 Commission created. There is created the
"Washington state human rights commission," which shall be
composed of five members to be appointed by the governor
with the advice and consent of the senate, one of whom shall
be designated as chairperson by the governor. [1985 c 185 §
3; 1981 c 338 § 9; 1957 c 37 § 5; 1955 c 270 § 2. Prior: 1949
c 183 § 4, part; Rem. Supp. 1949 § 7614-23, part.]
49.60.050
49.60.051 Board name changed to Washington State
Human Rights Commission. From and after August 9,
1971 the "Washington State Board Against Discrimination"
shall be known and designated as the "Washington State
Human Rights Commission". [1971 ex.s. c 52 § 2.]
49.60.051
49.60.060 Membership of commission. One of the
original members of the commission shall be appointed for a
term of one year, one for a term of two years, one for a term
of three years, one for a term of four years, one for a term of
five years, but their successors shall be appointed for terms of
five years each, except that any individual chosen to fill a
vacancy shall be appointed only for the unexpired term of the
member whom the individual succeeds.
A member shall be eligible for reappointment.
A vacancy in the commission shall be filled within thirty
days, the remaining members to exercise all powers of the
commission.
49.60.060
[Title 49 RCW—page 69]
49.60.070
Title 49 RCW: Labor Regulations
Any member of the commission may be removed by the
governor for inefficiency, neglect of duty, misconduct or
malfeasance in office, after being given a written statement of
the charges and an opportunity to be heard thereon. [1985 c
185 § 4; 1955 c 270 § 3. Prior: 1949 c 183 § 4, part; Rem.
Supp. 1949 § 7614-23, part.]
49.60.070 Compensation and reimbursement for
travel expenses of commission members. Each member of
the commission shall be compensated in accordance with
RCW 43.03.250 and, while in session or on official business,
shall receive reimbursement for travel expenses incurred during such time in accordance with RCW 43.03.050 and
43.03.060. [1985 c 185 § 5; 1984 c 287 § 98; 1975-’76 2nd
ex.s. c 34 § 145; 1955 c 270 § 4. Prior: 1949 c 183 § 4, part;
Rem. Supp. 1949 § 7614-23, part.]
49.60.070
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
49.60.080 Official seal. The commission shall adopt an
official seal, which shall be judicially noticed. [1985 c 185 §
6; 1955 c 270 § 5. Prior: (i) 1949 c 183 § 4, part; Rem. Supp.
1949 § 7614-23, part. (ii) 1949 c 183 § 6, part; Rem. Supp.
1949 § 7614-25, part.]
49.60.080
49.60.090 Offices of commission. The principal office
of the commission shall be in the city of Olympia, but it may
meet and exercise any or all of its powers at any other place
in the state, and may establish such district offices as it deems
necessary. [1985 c 185 § 7; 1957 c 37 § 6; 1955 c 270 § 6.
Prior: (i) 1949 c 183 § 4, part; Rem. Supp. 1949 § 7614-23,
part. (ii) 1949 c 183 § 6, part; Rem. Supp. 1949 § 7614-25,
part.]
49.60.090
49.60.100 Reports of commission. Subject to RCW
40.07.040, the commission, each biennium, shall report to the
governor, describing the investigations, proceedings, and
hearings it has conducted and their outcome, the decisions it
has rendered, the recommendations it has issued, and the
other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The
commission may present its reports to the legislature; the
commission’s reports shall be made available upon request.
[1987 c 505 § 55; 1985 c 185 § 8; 1977 c 75 § 74; 1955 c 270
§ 7. Prior: 1949 c 183 § 4, part; Rem. Supp. 1949 § 7614-23,
part.]
49.60.100
ees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe
their duties.
(2) To obtain upon request and utilize the services of all
governmental departments and agencies.
(3) To adopt, amend, and rescind suitable rules to carry
out the provisions of this chapter, and the policies and practices of the commission in connection therewith.
(4) To receive, impartially investigate, and pass upon
complaints alleging unfair practices as defined in this chapter.
(5) To issue such publications and results of investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because
of sex, sexual orientation, race, creed, color, national origin,
marital status, age, honorably discharged veteran or military
status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by
a person with a disability.
(6) To make such technical studies as are appropriate to
effectuate the purposes and policies of this chapter and to
publish and distribute the reports of such studies.
(7) To cooperate and act jointly or by division of labor
with the United States or other states, with other Washington
state agencies, commissions, and other government entities,
and with political subdivisions of the state of Washington and
their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be
exercised by the commission under this subsection permit
investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only
with, allegations which, if proven, would constitute unfair
practices under this chapter. The commission may perform
such services for these agencies and be reimbursed therefor.
(8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations
activities. [2007 c 187 § 5; 2006 c 4 § 5; 1997 c 271 § 4.
Prior: 1993 c 510 § 6; 1993 c 69 § 4; 1985 c 185 § 10; 1973
1st ex.s. c 214 § 4; 1973 c 141 § 7; 1971 ex.s. c 81 § 1; 1957
c 37 § 7; 1955 c 270 § 8; prior: 1949 c 183 § 6, part; Rem.
Supp. 1949 § 7614-25, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1971 ex.s. c 81: "The effective date of this act shall be
July 1, 1971." [1971 ex.s. c 81 § 6.]
Human rights commission to investigate unlawful use of refueling services
for individuals with disabilities: RCW 49.60.360.
49.60.130 May create advisory agencies and conciliation councils. The commission has power to create such
advisory agencies and conciliation councils, local, regional,
or statewide, as in its judgment will aid in effectuating the
purposes of this chapter. The commission may empower
them to study the problems of discrimination in all or specific
fields of human relationships or in specific instances of discrimination because of sex, race, creed, color, national origin,
marital status, sexual orientation, age, honorably discharged
veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide
or service animal by a person with a disability; to foster
49.60.130
49.60.110 Commission to formulate policies. The
commission shall formulate policies to effectuate the purposes of this chapter and may make recommendations to
agencies and officers of the state or local subdivisions of government in aid of such policies and purposes. [1985 c 185 §
9; 1949 c 183 § 5; Rem. Supp. 1949 § 7614-24.]
49.60.110
49.60.120 Certain powers and duties of commission.
The commission shall have the functions, powers, and duties:
(1) To appoint an executive director and chief examiner,
and such investigators, examiners, clerks, and other employ49.60.120
[Title 49 RCW—page 70]
(2008 Ed.)
Discrimination—Human Rights Commission
through community effort or otherwise good will, cooperation, and conciliation among the groups and elements of the
population of the state, and to make recommendations to the
commission for the development of policies and procedures
in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency.
Such advisory agencies and conciliation councils shall
be composed of representative citizens, serving without pay,
but with reimbursement for travel expenses in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and the commission may make provision for
technical and clerical assistance to such agencies and councils and for the expenses of such assistance. The commission
may use organizations specifically experienced in dealing
with questions of discrimination. [2007 c 187 § 6; 2006 c 4 §
6; 1997 c 271 § 5; 1993 c 510 § 7; 1985 c 185 § 11; 1975-’76
2nd ex.s. c 34 § 146; 1973 1st ex.s. c 214 § 5; 1973 c 141 § 8;
1971 ex.s. c 81 § 2; 1955 c 270 § 9. Prior: 1949 c 183 § 6,
part; Rem. Supp. 1949 § 7614-25, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
49.60.140 Commission may hold hearings and subpoena witnesses. The commission has power to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in
connection therewith, to require the production for examination of any books or papers relating to any matter under
investigation or in question before the commission. The commission may make rules as to the issuance of subpoenas by
individual members, as to service of complaints, decisions,
orders, recommendations and other process or papers of the
commission, its member, agent, or agency, either personally
or by registered mail, return receipt requested, or by leaving
a copy thereof at the principal office or place of business of
the person required to be served. The return post office
receipt, when service is by registered mail, shall be proof of
service of the same. [1985 c 185 § 12; 1955 c 270 § 10. Prior:
1949 c 183 § 6, part; Rem. Supp. 1949 § 7614-25, part.]
49.60.140
49.60.150 Witnesses compelled to testify. No person
shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the commission or of
any individual member, on the ground that the testimony or
evidence required of the person may tend to incriminate or
subject the person to a penalty or forfeiture, but no person
shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed the
privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be
exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall
extend only to natural persons so compelled to testify. [1985
c 185 § 13; 1955 c 270 § 11. Prior: 1949 c 183 § 6, part; Rem.
Supp. 1949 § 7614-25, part.]
49.60.150
(2008 Ed.)
49.60.172
49.60.160 Refusals may be punished as contempt of
court. In case of contumacy or refusal to obey a subpoena
issued to any person, the superior court of any county within
the jurisdiction of which the investigation, proceeding, or
hearing is carried on or within the jurisdiction of which the
person guilty of contumacy or refusal to obey is found or
resides or transacts business, upon application by the commission shall have jurisdiction to issue to such person an
order requiring such person to appear before the commission,
its member, agent, or agency, there to produce evidence if so
ordered, or there to give testimony touching the matter under
investigation or in question. Any failure to obey such order of
the court may be punished by the court as a contempt thereof.
[1985 c 185 § 14; 1955 c 270 § 12. Prior: 1949 c 183 § 6,
part; Rem. Supp. 1949 § 7614-25, part.]
49.60.160
49.60.170 Witness fees—Deposition fees. Witnesses
before the commission, its member, agent, or agency, shall be
paid the same fees and mileage that are paid witnesses in the
courts of this state. Witnesses whose depositions are taken
and the person taking the same shall be entitled to same fees
as are paid for like services in the courts of the state. [1985 c
185 § 15; 1955 c 270 § 13. Prior: 1949 c 183 § 6, part; Rem.
Supp. 1949 § 7614-25, part.]
49.60.170
Courts of record—Witnesses: Chapter 2.40 RCW.
Discovery and depositions: Title 5 RCW; see also Rules of Court, CR 26
through 37.
49.60.172 Unfair practices with respect to HIV or
hepatitis C infection. (1) No person may require an individual to take an HIV test, as defined in chapter 70.24 RCW, or
hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C
infection is a bona fide occupational qualification for the job
in question.
(2) No person may discharge or fail or refuse to hire any
individual, or segregate or classify any individual in any way
which would deprive or tend to deprive that individual of
employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any
individual with respect to compensation, terms, conditions,
or privileges of employment on the basis of the results of an
HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of
the job in question.
(3) The absence of HIV or hepatitis C infection as a bona
fide occupational qualification exists when performance of a
particular job can be shown to present a significant risk, as
defined by the board of health by rule, of transmitting HIV or
hepatitis C infection to other persons, and there exists no
means of eliminating the risk by restructuring the job.
(4) For the purpose of this chapter, any person who is
actually infected with HIV or hepatitis C, but is not disabled
as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74
RCW solely on the basis of such infection.
(5) Employers are immune from civil action for damages
arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission
occurs as a result of the employer’s gross negligence. [2003
c 273 § 2; 1988 c 206 § 903.]
49.60.172
[Title 49 RCW—page 71]
49.60.174
Title 49 RCW: Labor Regulations
Severability—1988 c 206: See RCW 70.24.900.
49.60.174 Evaluation of claim of discrimination—
Actual or perceived HIV or hepatitis C infection. (1) For
the purposes of determining whether an unfair practice under
this chapter has occurred, claims of discrimination based on
actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination
based on sensory, mental, or physical disability; or the use of
a trained dog guide or service animal by a disabled person.
(2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or
health maintenance or ganizations subject to RCW
49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination
on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure
have been substantiated.
(3) For the purposes of this chapter:
(a) "HIV" means the human immunodeficiency virus,
and includes all HIV and HIV-related viruses which damage
the cellular branch of the human immune system and leave
the infected person immunodeficient; and
(b) "Hepatitis C" means the hepatitis C virus of any genotype. [2003 c 273 § 3; 1997 c 271 § 6; 1993 c 510 § 8; 1988
c 206 § 902.]
49.60.174
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1988 c 206: See RCW 70.24.900.
49.60.175 Unfair practices of financial institutions. It
shall be an unfair practice to use the sex, race, creed, color,
national origin, marital status, honorably discharged veteran
or military status, sexual orientation, or the presence of any
sensory, mental, or physical disability of any person, or the
use of a trained dog guide or service animal by a person with
a disability, concerning an application for credit in any credit
transaction to determine the credit worthiness of an applicant.
[2007 c 187 § 7; 2006 c 4 § 7; 1997 c 271 § 7; 1993 c 510 §
9; 1979 c 127 § 4; 1977 ex.s. c 301 § 14; 1973 c 141 § 9; 1959
c 68 § 1.]
49.60.175
Severability—1993 c 510: See note following RCW 49.60.010.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
49.60.176 Unfair practices with respect to credit
transactions. (1) It is an unfair practice for any person
whether acting for himself, herself, or another in connection
with any credit transaction because of race, creed, color,
national origin, sex, marital status, honorably discharged veteran or military status, sexual orientation, or the presence of
any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability:
(a) To deny credit to any person;
(b) To increase the charges or fees for or collateral
required to secure any credit extended to any person;
(c) To restrict the amount or use of credit extended or to
impose different terms or conditions with respect to the credit
extended to any person or any item or service related thereto;
(d) To attempt to do any of the unfair practices defined in
this section.
49.60.176
[Title 49 RCW—page 72]
(2) Nothing in this section shall prohibit any party to a
credit transaction from considering the credit history of any
individual applicant.
(3) Further, nothing in this section shall prohibit any
party to a credit transaction from considering the application
of the community property law to the individual case or from
taking reasonable action thereon. [2007 c 187 § 8; 2006 c 4 §
8; 1997 c 271 § 8; 1993 c 510 § 10; 1979 c 127 § 5; 1973 c
141 § 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.178 Unfair practices with respect to insurance
transactions. It is an unfair practice for any person whether
acting for himself, herself, or another in connection with an
insurance transaction or transaction with a health maintenance organization to cancel or fail or refuse to issue or
renew insurance or a health maintenance agreement to any
person because of sex, marital status, sexual orientation, race,
creed, color, national origin, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide
or service animal by a disabled person: PROVIDED, That a
practice which is not unlawful under RCW 48.30.300,
48.44.220, or 48.46.370 does not constitute an unfair practice
for the purposes of this section. For the purposes of this section, "insurance transaction" is defined in RCW 48.01.060,
health maintenance agreement is defined in RCW 48.46.020,
and "health maintenance organization" is defined in RCW
48.46.020.
The fact that such unfair practice may also be a violation
of chapter 48.30, 48.44, or 48.46 RCW does not constitute a
defense to an action brought under this section.
The insurance commissioner, under RCW 48.30.300,
and the human rights commission, under chapter 49.60 RCW,
shall have concurrent jurisdiction under this section and shall
enter into a working agreement as to procedure to be followed in complaints under this section. [2006 c 4 § 9; 1997 c
271 § 9; 1993 c 510 § 11; 1984 c 32 § 1; 1979 c 127 § 6; 1974
ex.s. c 32 § 2; 1973 c 141 § 6.]
49.60.178
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.180 Unfair practices of employers. It is an
unfair practice for any employer:
(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a person with
a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall
not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
(2) To discharge or bar any person from employment
because of age, sex, marital status, sexual orientation, race,
creed, color, national origin, honorably discharged veteran or
military status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service
animal by a person with a disability.
49.60.180
(2008 Ed.)
Discrimination—Human Rights Commission
(3) To discriminate against any person in compensation
or in other terms or conditions of employment because of
age, sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a person with a disability: PROVIDED, That it shall not be
an unfair practice for an employer to segregate washrooms or
locker facilities on the basis of sex, or to base other terms and
conditions of employment on the sex of employees where the
commission by regulation or ruling in a particular instance
has found the employment practice to be appropriate for the
practical realization of equality of opportunity between the
sexes.
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use
any form of application for employment, or to make any
inquiry in connection with prospective employment, which
expresses any limitation, specification, or discrimination as
to age, sex, marital status, sexual orientation, race, creed,
color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any
such limitation, specification, or discrimination, unless based
upon a bona fide occupational qualification: PROVIDED,
Nothing contained herein shall prohibit advertising in a foreign language. [2007 c 187 § 9; 2006 c 4 § 10; 1997 c 271 §
10; 1993 c 510 § 12; 1985 c 185 § 16; 1973 1st ex.s. c 214 §
6; 1973 c 141 § 10; 1971 ex.s. c 81 § 3; 1961 c 100 § 1; 1957
c 37 § 9. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 §
7614-26, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Employment rights of persons serving in uniformed services: RCW
73.16.032.
Labor—Prohibited practices: Chapter 49.44 RCW.
Unfair practices in employment because of age of employee or applicant:
RCW 49.44.090.
49.60.190 Unfair practices of labor unions. It is an
unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and
privileges to any person because of age, sex, marital status,
sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability.
(2) To expel from membership any person because of
age, sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a person with a disability.
(3) To discriminate against any member, employer,
employee, or other person to whom a duty of representation
is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged
veteran or military status, or the presence of any sensory,
49.60.210
mental, or physical disability or the use of a trained dog guide
or service animal by a person with a disability. [2007 c 187 §
10; 2006 c 4 § 11; 1997 c 271 § 11; 1993 c 510 § 13; 1985 c
185 § 17; 1973 1st ex.s. c 214 § 8; 1973 c 141 § 11; 1971 ex.s.
c 81 § 4; 1961 c 100 § 2; 1957 c 37 § 10. Prior: 1949 c 183
§ 7, part; Rem. Supp. 1949 § 7614-26, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
49.60.200 Unfair practices of employment agencies.
It is an unfair practice for any employment agency to fail or
refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age,
sex, marital status, sexual orientation, race, creed, color,
national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a person with a disability, or to print or circulate, or cause to
be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or
to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed,
color, or national origin, honorably discharged veteran or
military status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service
animal by a person with a disability, or any intent to make
any such limitation, specification, or discrimination, unless
based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising
in a foreign language. [2007 c 187 § 11; 2006 c 4 § 12; 1997
c 271 § 12; 1993 c 510 § 14; 1973 1st ex.s. c 214 § 9; 1973 c
141 § 12; 1971 ex.s. c 81 § 5; 1961 c 100 § 3; 1957 c 37 § 11.
Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26,
part.]
49.60.200
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Fraud by employment agent: RCW 49.44.050.
49.60.190
(2008 Ed.)
49.60.205 Age discrimination—Limitation. No person shall be considered to have committed an unfair practice
on the basis of age discrimination unless the practice violates
RCW 49.44.090. It is a defense to any complaint of an unfair
practice of age discrimination that the practice does not violate RCW 49.44.090. [1993 c 510 § 15; 1985 c 185 § 28.]
49.60.205
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.210 Unfair practices—Discrimination against
person opposing unfair practice—Retaliation against
whistleblower. (1) It is an unfair practice for any employer,
employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person
because he or she has opposed any practices forbidden by this
chapter, or because he or she has filed a charge, testified, or
assisted in any proceeding under this chapter.
(2) It is an unfair practice for a government agency or
government manager or supervisor to retaliate against a
whistleblower as defined in chapter 42.40 RCW. [1992 c 118
49.60.210
[Title 49 RCW—page 73]
49.60.215
Title 49 RCW: Labor Regulations
§ 4; 1985 c 185 § 18; 1957 c 37 § 12. Prior: 1949 c 183 § 7,
part; Rem. Supp. 1949 § 7614-26, part.]
49.60.215 Unfair practices of places of public resort,
accommodation, assemblage, amusement. It shall be an
unfair practice for any person or the person’s agent or
employee to commit an act which directly or indirectly
results in any distinction, restriction, or discrimination, or the
requiring of any person to pay a larger sum than the uniform
rates charged other persons, or the refusing or withholding
from any person the admission, patronage, custom, presence,
frequenting, dwelling, staying, or lodging in any place of
public resort, accommodation, assemblage, or amusement,
except for conditions and limitations established by law and
applicable to all persons, regardless of race, creed, color,
national origin, sexual orientation, sex, honorably discharged
veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or
service animal by a person with a disability: PROVIDED,
That this section shall not be construed to require structural
changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise
required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for
refusal and shall not constitute an unfair practice. [2007 c
187 § 12; 2006 c 4 § 13; 1997 c 271 § 13; 1993 c 510 § 16.
Prior: 1985 c 203 § 1; 1985 c 90 § 6; 1979 c 127 § 7; 1957 c
37 § 14.]
49.60.215
Severability—1993 c 510: See note following RCW 49.60.010.
Denial of civil rights: RCW 9.91.010.
49.60.220 Unfair practice to aid violation. It is an
unfair practice for any person to aid, abet, encourage, or
incite the commission of any unfair practice, or to attempt to
obstruct or prevent any other person from complying with the
provisions of this chapter or any order issued thereunder.
[1957 c 37 § 13. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949
§ 7614-26, part.]
49.60.220
49.60.222 Unfair practices with respect to real estate
transactions, facilities, or services. (1) It is an unfair practice for any person, whether acting for himself, herself, or
another, because of sex, marital status, sexual orientation,
race, creed, color, national origin, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use
of a trained dog guide or service animal by a person with a
disability:
(a) To refuse to engage in a real estate transaction with a
person;
(b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide
offer to engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction
with a person;
(e) To represent to a person that real property is not
available for inspection, sale, rental, or lease when in fact it is
so available, or to fail to bring a property listing to his or her
49.60.222
[Title 49 RCW—page 74]
attention, or to refuse to permit the person to inspect real
property;
(f) To discriminate in the sale or rental, or to otherwise
make unavailable or deny a dwelling, to any person; or to a
person residing in or intending to reside in that dwelling after
it is sold, rented, or made available; or to any person associated with the person buying or renting;
(g) To make, print, circulate, post, or mail, or cause to be
so made or published a statement, advertisement, or sign, or
to use a form of application for a real estate transaction, or to
make a record or inquiry in connection with a prospective
real estate transaction, which indicates, directly or indirectly,
an intent to make a limitation, specification, or discrimination
with respect thereto;
(h) To offer, solicit, accept, use, or retain a listing of real
property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a
lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance
of title insurance, mortgage insurance, loan guarantee, or
other aspect of the transaction. Nothing in this section shall
limit the effect of RCW 49.60.176 relating to unfair practices
in credit transactions; or
(k) To attempt to do any of the unfair practices defined in
this section.
(2) For the purposes of this chapter discrimination based
on the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a person
who is blind, deaf, or physically disabled includes:
(a) A refusal to permit, at the expense of the person with
a disability, reasonable modifications of existing premises
occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment
of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the
interior of the dwelling to the condition that existed before
the modification, reasonable wear and tear excepted;
(b) To refuse to make reasonable accommodation in
rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence
of any sensory, mental, or physical disability and/or the use
of a trained dog guide or service animal by a person who is
blind, deaf, or physically disabled equal opportunity to use
and enjoy a dwelling; or
(c) To fail to design and construct covered multifamily
dwellings and premises in conformance with the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et
seq.) and all other applicable laws or regulations pertaining to
access by persons with any sensory, mental, or physical disability or use of a trained dog guide or service animal. Whenever the requirements of applicable laws or regulations differ,
the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall
govern.
(2008 Ed.)
Discrimination—Human Rights Commission
Nothing in (a) or (b) of this subsection shall apply to: (i)
A single-family house rented or leased by the owner if the
owner does not own or have an interest in the proceeds of the
rental or lease of more than three such single-family houses at
one time, the rental or lease occurred without the use of a real
estate broker or salesperson, as defined in *RCW 18.85.010,
and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in
violation of subsection (1)(g) of this section; or (ii) rooms or
units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence.
(3) Notwithstanding any other provision of this chapter,
it shall not be an unfair practice or a denial of civil rights for
any public or private educational institution to separate the
sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or
to make distinctions on the basis of marital or families with
children status.
(4) Except pursuant to subsection (2)(a) of this section,
this section shall not be construed to require structural
changes, modifications, or additions to make facilities accessible to a person with a disability except as otherwise
required by law. Nothing in this section affects the rights,
responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post
and enforce reasonable rules of conduct and safety for all tenants and their guests, provided that chapters 59.18 and 59.20
RCW are only affected to the extent they are inconsistent
with the nondiscrimination requirements of this chapter.
Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(5) Notwithstanding any other provision of this chapter,
it shall not be an unfair practice for any public establishment
providing for accommodations offered for the full enjoyment
of transient guests as defined by RCW 9.91.010(1)(c) to
make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of RCW
49.60.215 relating to unfair practices in places of public
accommodation.
(6) Nothing in this chapter prohibiting discrimination
based on families with children status applies to housing for
older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as
amended by the housing for older persons act of 1995, P.L.
104-76, as enacted on December 28, 1995. Nothing in this
chapter authorizes requirements for housing for older persons
different than the requirements in the federal fair housing
amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through
(3), as amended by the housing for older persons act of 1995,
P.L. 104-76, as enacted on December 28, 1995.
(7) Nothing in this chapter shall apply to real estate
transactions involving the sharing of a dwelling unit, or rental
or sublease of a portion of a dwelling unit, when the dwelling
unit is to be occupied by the owner or subleasor. For purposes of this section, "dwelling unit" has the same meaning as
in RCW 59.18.030. [2007 c 187 § 13; 2006 c 4 § 14. Prior:
1997 c 400 § 3; 1997 c 271 § 14; 1995 c 259 § 3; prior: 1993
(2008 Ed.)
49.60.224
c 510 § 17; 1993 c 69 § 5; 1989 c 61 § 1; 1979 c 127 § 8; 1975
1st ex.s. c 145 § 1; 1973 c 141 § 13; 1969 ex.s. c 167 § 4.]
*Reviser’s note: RCW 18.85.010 was recodified as RCW 18.85.011
pursuant to 2008 c 23 § 49; and RCW 18.85.010 was also amended by 2008
c 23 § 1, changing and/or removing the definitions of "real estate broker" and
"salesperson," effective July 1, 2010.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.223 Unfair practice to induce sale or rental of
real property by representations regarding entry into
neighborhood of persons of particular race, disability,
etc. It is an unfair practice for any person, for profit, to
induce or attempt to induce any person to sell or rent any real
property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a
particular race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged
veteran or military status, or with any sensory, mental, or
physical disability and/or the use of a trained dog guide or
service animal by a person who is blind, deaf, or physically
disabled. [2007 c 187 § 14; 2006 c 4 § 15; 1997 c 271 § 15.
Prior: 1993 c 510 § 18; 1993 c 69 § 6; 1979 c 127 § 9; 1969
ex.s. c 167 § 5.]
49.60.223
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.2235 Unfair practice to coerce, intimidate,
threaten, or interfere regarding secured real estate transaction rights. It is an unlawful practice to coerce, intimidate,
threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, rights
regarding real estate transactions secured by RCW
49.60.030, 49.60.040, and 49.60.222 through 49.60.224.
[1993 c 69 § 7.]
49.60.2235
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.224 Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to persons of particular race, disability, etc., void—Unfair practice. (1) Every provision in a written instrument relating to
real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory,
mental, or physical disability or the use of a trained dog guide
or service animal by a person who is blind, deaf, or physically
disabled, and every condition, restriction, or prohibition,
including a right of entry or possibility of reverter, which
directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin,
sexual orientation, families with children status, honorably
discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained
49.60.224
[Title 49 RCW—page 75]
49.60.225
Title 49 RCW: Labor Regulations
dog guide or service animal by a person who is blind, deaf, or
physically disabled is void.
(2) It is an unfair practice to insert in a written instrument
relating to real property a provision that is void under this
section or to honor or attempt to honor such a provision in the
chain of title. [2007 c 187 § 15; 2006 c 4 § 16; 1997 c 271 §
16; 1993 c 69 § 8; 1979 c 127 § 10; 1969 ex.s. c 167 § 6.]
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.225
49.60.225 Relief for unfair practice in real estate
transaction—Damages—Penalty. (1) When a reasonable
cause determination has been made under RCW 49.60.240
that an unfair practice in a real estate transaction has been
committed and a finding has been made that the respondent
has engaged in any unfair practice under RCW 49.60.250, the
administrative law judge shall promptly issue an order for
such relief suffered by the aggrieved person as may be appropriate, which may include actual damages as provided by the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3601 et seq.), and injunctive or other equitable relief. Such
order may, to further the public interest, assess a civil penalty
against the respondent:
(a) In an amount up to ten thousand dollars if the respondent has not been determined to have committed any prior
unfair practice in a real estate transaction;
(b) In an amount up to twenty-five thousand dollars if the
respondent has been determined to have committed one other
unfair practice in a real estate transaction during the five-year
period ending on the date of the filing of this charge; or
(c) In an amount up to fifty thousand dollars if the
respondent has been determined to have committed two or
more unfair practices in a real estate transaction during the
seven-year period ending on the date of the filing of this
charge, for loss of the right secured by RCW 49.60.010,
49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as
now or hereafter amended, to be free from discrimination in
real property transactions because of sex, marital status, race,
creed, color, national origin, sexual orientation, families with
children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a person who is blind, deaf, or physically disabled. Enforcement of the order and appeal therefrom by the complainant or
respondent may be made as provided in RCW 49.60.260 and
49.60.270. If acts constituting the unfair practice in a real
estate transaction that is the object of the charge are determined to have been committed by the same natural person
who has been previously determined to have committed acts
constituting an unfair practice in a real estate transaction,
then the civil penalty of up to fifty thousand dollars may be
imposed without regard to the period of time within which
any subsequent unfair practice in a real estate transaction
occurred. All civil penalties assessed under this section shall
be paid into the state treasury and credited to the general
fund.
(2) Such order shall not affect any contract, sale, conveyance, encumbrance, or lease consummated before the issuance of an order that involves a bona fide purchaser, encum[Title 49 RCW—page 76]
brancer, or tenant who does not have actual notice of the
charge filed under this chapter.
(3) Notwithstanding any other provision of this chapter,
persons awarded damages under this section may not receive
additional damages pursuant to RCW 49.60.250. [2007 c 187
§ 16; 2006 c 4 § 17; 1997 c 271 § 17; 1995 c 259 § 4. Prior:
1993 c 510 § 20; 1993 c 69 § 9; 1985 c 185 § 19; 1979 c 127
§ 11; 1973 c 141 § 14; 1969 ex.s. c 167 § 7.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.226 Cooperative agreements between units of
government for processing complaints. The commission
and units of local government administering ordinances with
provisions similar to the real estate provisions of the law
against discrimination are authorized and directed to enter
into cooperative agreements or arrangements for receiving
and processing complaints so that duplication of functions
shall be minimized and multiple hearings avoided. No complainant may secure relief from more than one instrumentality of state, or local government, nor shall any relief be
granted by any state or local instrumentality if relief has been
granted or proceedings are continuing in any federal agency,
court, or instrumentality, unless such proceedings have been
deferred pending state action. [1985 c 185 § 20; 1969 ex.s. c
167 § 8.]
49.60.226
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.227 Declaratory judgment action to strike discriminatory provision of real property contract. If a written instrument contains a provision that is void by reason of
RCW 49.60.224, the owner, occupant, or tenant of the property which is subject to the provision or the homeowners’
association board may cause the provision to be stricken from
the public records by bringing an action in the superior court
in the county in which the property is located. The action
shall be an in rem, declaratory judgment action whose title
shall be the description of the property. The necessary party
to the action shall be the owner, occupant, or tenant of the
property or any portion thereof. The person bringing the
action shall pay a fee set under RCW 36.18.012.
If the court finds that any provisions of the written
instrument are void under RCW 49.60.224, it shall enter an
order striking the void provisions from the public records and
eliminating the void provisions from the title or lease of the
property described in the complaint. [2006 c 58 § 3; 1995 c
292 § 18; 1993 c 69 § 10; 1987 c 56 § 2.]
49.60.227
Finding—Intent—2006 c 58: See note following RCW 64.38.028.
Severability—1993 c 69: See note following RCW 49.60.030.
Intent—1987 c 56 § 2: "The legislature finds that some real property
deeds and other written instruments contain discriminatory covenants and
restrictions that are contrary to public policy and are void. The continued
existence of these covenants and restrictions is repugnant to many property
owners and diminishes the free enjoyment of their property. It is the intent
of RCW 49.60.227 to allow property owners to remove all remnants of discrimination from their deeds." [1987 c 56 § 1.]
49.60.230 Complaint may be filed with commission.
(1) Who may file a complaint:
49.60.230
(2008 Ed.)
Discrimination—Human Rights Commission
(a) Any person claiming to be aggrieved by an alleged
unfair practice may, personally or by his or her attorney,
make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state
the name of the person alleged to have committed the unfair
practice and the particulars thereof, and contain such other
information as may be required by the commission.
(b) Whenever it has reason to believe that any person has
been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or
agents, or any of them, refuse or threaten to refuse to comply
with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking
for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be
so filed within six months after the alleged act of discrimination except that complaints alleging an unfair practice in a
real estate transaction pursuant to RCW 49.60.222 through
49.60.225 must be so filed within one year after the alleged
unfair practice in a real estate transaction has occurred or terminated and a complaint alleging whistleblower retaliation
must be filed within two years. [2008 c 266 § 7. Prior: 1993
c 510 § 21; 1993 c 69 § 11; 1985 c 185 § 21; 1957 c 37 § 16;
1955 c 270 § 15; prior: 1949 c 183 § 8, part; Rem. Supp.
1949 § 7614-27, part.]
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—Severability—2008 c 266: See RCW 42.40.910 and
42.40.901.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.250
ending with the filing of a finding of reasonable cause or a
dismissal by the commission, the commission staff shall, to
the extent feasible, engage in conciliation with respect to
such complaint. Any conciliation agreement arising out of
conciliation efforts by the commission shall be an agreement
between the respondent and the complainant and shall be
subject to the approval of the commission. Each conciliation
agreement shall be made public unless the complainant and
respondent otherwise agree and the commission determines
that disclosure is not required to further the purposes of this
chapter.
If no such agreement can be reached, a finding to that
effect shall be made and reduced to writing, with a copy
thereof provided to the complainant and the respondent.
The commission may adopt rules, including procedural
time requirements, for processing complaints alleging an
unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225 and which may be
consistent with the federal fair housing amendments act of
1988 (42 U.S.C. Sec. 3601 et seq.), but which in no case shall
exceed or be more restrictive than the requirements or standards of such act. [1995 c 259 § 5. Prior: 1993 c 510 § 22;
1993 c 69 § 12; 1985 c 185 § 22; 1981 c 259 § 1; 1957 c 37 §
17; 1955 c 270 § 16; prior: 1949 c 183 § 8, part; Rem. Supp.
1949 § 7614-27, part.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
RCW 49.60.240 through 49.60.280 applicable to complaints concerning
unlawful use of refueling services for individuals with disabilities:
RCW 49.60.360.
49.60.250 Hearing of complaint by administrative
law judge—Limitation of relief—Penalties—Order—
Arbitration. (1) In case of failure to reach an agreement for
the elimination of such unfair practice, and upon the entry of
findings to that effect, the entire file, including the complaint
and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint
and shall cause to be issued and served in the name of the
commission a written notice, together with a copy of the
complaint, as the same may have been amended, requiring
the respondent to answer the charges of the complaint at a
hearing before the administrative law judge, at a time and
place to be specified in such notice.
(2) The place of any such hearing may be the office of
the commission or another place designated by it. The case
in support of the complaint shall be presented at the hearing
by counsel for the commission: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the
commission who previously made the investigation or caused
the notice to be issued shall participate in the hearing except
as a witness, nor shall the member or employee participate in
the deliberations of the administrative law judge in such case.
Any endeavors or negotiations for conciliation shall not be
received in evidence.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with
49.60.250
49.60.240 Complaint investigated—Conference, conciliation—Agreement, findings—Rules. After the filing of
any complaint, the chairperson of the commission shall refer
it to the appropriate section of the commission’s staff for
prompt investigation and ascertainment of the facts alleged in
the complaint. The investigation shall be limited to the
alleged facts contained in the complaint. The results of the
investigation shall be reduced to written findings of fact, and
a finding shall be made that there is or that there is not reasonable cause for believing that an unfair practice has been or is
being committed. A copy of said findings shall be provided to
the complainant and to the person named in such complaint,
hereinafter referred to as the respondent.
If the finding is made that there is reasonable cause for
believing that an unfair practice has been or is being committed, the commission’s staff shall immediately endeavor to
eliminate the unfair practice by conference, conciliation, and
persuasion.
If an agreement is reached for the elimination of such
unfair practice as a result of such conference, conciliation,
and persuasion, the agreement shall be reduced to writing and
signed by the respondent, and an order shall be entered by the
commission setting forth the terms of said agreement. No
order shall be entered by the commission at this stage of the
proceedings except upon such written agreement, except that
during the period beginning with the filing of complaints
alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, and
49.60.240
(2008 Ed.)
[Title 49 RCW—page 77]
49.60.260
Title 49 RCW: Labor Regulations
or without counsel, and submit testimony and be fully heard.
The respondent has the right to cross-examine the complainant.
(4) The administrative law judge conducting any hearing
may permit reasonable amendment to any complaint or
answer. Testimony taken at the hearing shall be under oath
and recorded.
(5) If, upon all the evidence, the administrative law judge
finds that the respondent has engaged in any unfair practice,
the administrative law judge shall state findings of fact and
shall issue and file with the commission and cause to be
served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take
such affirmative action, including, (but not limited to) hiring,
reinstatement or upgrading of employees, with or without
back pay, an admission or restoration to full membership
rights in any respondent organization, or to take such other
action as, in the judgment of the administrative law judge,
will effectuate the purposes of this chapter, including action
that could be ordered by a court, except that damages for
humiliation and mental suffering shall not exceed twenty
thousand dollars, and including a requirement for report of
the matter on compliance. Relief available for violations of
RCW 49.60.222 through 49.60.224 shall be limited to the
relief specified in RCW 49.60.225.
(6) If a determination is made that retaliatory action, as
defined in RCW 42.40.050, has been taken against a whistleblower, as defined in RCW 42.40.020, the administrative law
judge may, in addition to any other remedy, require restoration of benefits, back pay, and any increases in compensation
that would have occurred, with interest; impose a civil penalty upon the retaliator of up to five thousand dollars; and
issue an order to the state employer to suspend the retaliator
for up to thirty days without pay. At a minimum, the administrative law judge shall require that a letter of reprimand be
placed in the retaliator’s personnel file. No agency shall
issue any nondisclosure order or policy, execute any nondisclosure agreement, or spend any funds requiring information
that is public under the public records act, chapter 42.56
RCW, be kept confidential; except that nothing in this section
shall affect any state or federal law requiring information be
kept confidential. All penalties recovered shall be paid into
the state treasury and credited to the general fund.
(7) The final order of the administrative law judge shall
include a notice to the parties of the right to obtain judicial
review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such
appeal must be served and filed within thirty days after the
service of the order on the parties.
(8) If, upon all the evidence, the administrative law judge
finds that the respondent has not engaged in any alleged
unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(9) An order dismissing a complaint may include an
award of reasonable attorneys’ fees in favor of the respondent
if the administrative law judge concludes that the complaint
was frivolous, unreasonable, or groundless.
(10) The commission shall establish rules of practice to
govern, expedite, and effectuate the foregoing procedure.
[Title 49 RCW—page 78]
(11) Instead of filing with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by
the parties, with the cost of arbitration shared equally by the
complainant and the respondent. [2008 c 266 § 8. Prior:
1993 c 510 § 23; 1993 c 69 § 14; 1992 c 118 § 5; 1989 c 175
§ 115; 1985 c 185 § 23; 1983 c 293 § 1; 1981 c 259 § 2; 1957
c 37 § 18; 1955 c 270 § 17; prior: 1949 c 183 § 8, part; Rem.
Supp. 1949 § 7614-27, part.]
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—Severability—2008 c 266: See RCW 42.40.910 and
42.40.901.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1981 c 259: "Sections 2, 3, 4 and 5 of this 1981 act
shall take effect upon the enactment of House Bill 101, 1981 Regular Session." [1981 c 259 § 7.] Sections 2, 3, 4, and 5 of 1981 c 259 consist of
amendments to RCW 49.60.250, 49.60.260, and 49.60.270 and the enactment of RCW 49.60.330, respectively. House Bill 101 was enacted as chapter 67, Laws of 1981. It was signed by the governor on April 25, 1981. Since
chapter 67, Laws of 1981 took effect on July 1, 1982, the apparent intent is
for sections 2, 3, 4, and 5 of 1981 c 259 to take effect on that date. For effective date of 1981 c 67, see note following RCW 34.12.010.
Assignment of administrative law judge for human rights commission proceedings: RCW 34.12.037.
49.60.260 Enforcement of orders of administrative
law judge—Appellate review of court order. (1) The commission or any person entitled to relief of a final order may
petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair
practice resides or transacts business for the enforcement of
any final order which is not complied with and is issued by
the commission or an administrative law judge under the provisions of this chapter and for appropriate temporary relief or
a restraining order, and shall certify and file in court the final
order sought to be enforced. Within five days after filing such
petition in court, the commission or any person entitled to
relief of a final order shall cause a notice of the petition to be
sent by certified mail to all parties or their representatives.
(2) If within sixty days after the date the administrative
law judge’s order concerning an unfair practice in a real
estate transaction is entered, no petition has been filed under
subsection (1) of this section and the commission has not
sought enforcement of the final order under this section, any
person entitled to relief under the final order may petition for
a decree enforcing the order in the superior courts of the state
of Washington for the county in which the unfair practice in
a real estate transaction under RCW 49.60.222 through
49.60.224 is alleged to have occurred.
(3) From the time the petition is filed, the court shall
have jurisdiction of the proceedings and of the questions
determined thereon, and shall have the power to grant such
temporary relief or restraining order as it deems just and suitable.
(4) If the petition shows that there is a final order issued
by the commission or administrative law judge under RCW
49.60.240 or 49.60.250 and that the order has not been complied with in whole or in part, the court shall issue an order
directing the person who is alleged to have not complied with
the administrative order to appear in court at a time desig49.60.260
(2008 Ed.)
Discrimination—Human Rights Commission
nated in the order, not less than ten days from the date
thereof, and show cause why the administrative order should
not be enforced according to the terms. The commission or
any person entitled to relief of any final order shall immediately serve the noncomplying party with a copy of the court
order and the petition.
(5) The administrative order shall be enforced by the
court if the person does not appear, or if the person appears
and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person’s answer discloses no valid reason why
the order should not be enforced, or that the reason given in
the person’s answer could have been raised by review under
RCW 34.05.510 through 34.05.598, and the person has given
no valid excuse for failing to use that remedy.
(6) The jurisdiction of the court shall be exclusive and its
judgment and decree shall be final, except that the same shall
be subject to appellate review by the supreme court or the
court of appeals, on appeal, by either party, irrespective of the
nature of the decree or judgment. The review shall be taken
and prosecuted in the same manner and form and with the
same effect as is provided in other cases. [1995 c 259 § 6;
1993 c 69 § 15; 1989 c 175 § 116; 1988 c 202 § 47; 1985 c
185 § 24; 1981 c 259 § 3; 1971 c 81 § 118; 1957 c 37 § 21.
Prior: 1949 c 183 § 9, part; Rem Supp. 1949 § 7614-27A,
part.]
Rules of court: Cf. RAP 2.2, 18.22.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.270 Appeal from orders of administrative law
judge. Any respondent or complainant, including the commission, aggrieved by a final order of an administrative law
judge may obtain judicial review of such order as provided
under the administrative procedure act, chapter 34.05 RCW.
From the time a petition for review is filed, the court has
jurisdiction to grant to any party such temporary relief or
restraining order as it deems just and suitable. If the court
affirms the order, it shall enter a judgment and decree enforcing the order as affirmed. [1985 c 185 § 25; 1981 c 259 § 4;
1957 c 37 § 22. Prior: 1949 c 183 § 9, part; Rem. Supp. 1949
§ 7614-27A, part.]
49.60.270
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.280 Court shall expeditiously hear and determine. Petitions filed under RCW 49.60.260 and 49.60.270
shall be heard expeditiously and determined upon the transcript filed, without requirement of printing. Hearings in the
court under this chapter shall take precedence over all other
matters, except matters of the same character. [1957 c 37 §
23. Prior: 1949 c 183 § 9, part; Rem. Supp. 1949 § 761427A, part.]
49.60.280
49.60.310 Misdemeanor to interfere with or resist
commission. Any person who wilfully resists, prevents,
impedes, or interferes with the commission or any of its
49.60.310
(2008 Ed.)
49.60.340
members or representatives in the performance of duty under
this chapter, or who wilfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the review
of the order shall not be deemed to be such wilful conduct.
[1985 c 185 § 26; 1961 c 100 § 4; 1957 c 37 § 26; 1949 c 183
§ 10; Rem. Supp. 1949 § 7614-28.]
49.60.320
49.60.320 Governor may act on orders against state
or political subdivisions. In any case in which the commission shall issue an order against any political or civil subdivision of the state, or any agency, or instrumentality of the state
or of the foregoing, or any officer or employee thereof, the
commission shall transmit a copy of such order to the governor of the state. The governor shall take such action to secure
compliance with such order as the governor deems necessary.
[1985 c 185 § 27; 1949 c 183 § 11; Rem. Supp. 1949 § 761429.]
49.60.330
49.60.330 First-class cities of over one hundred
twenty-five thousand population—Administrative remedies authorized—Superior court jurisdiction. Any county
or any city classified as a first-class city under RCW
35.01.010 with over one hundred twenty five thousand population may enact resolutions or ordinances consistent with
this chapter to provide administrative and/or judicial remedies for any form of discrimination proscribed by this chapter. The imposition of such administrative remedies shall be
subject to judicial review. The superior courts shall have
jurisdiction to hear all matters relating to violation and
enforcement of such resolutions or ordinances, including
petitions for preliminary relief, the award of such remedies
and civil penalties as are consistent with this chapter, and
enforcement of any order of a county or city administrative
law judge or hearing examiner pursuant to such resolution or
ordinance. Any local resolution or ordinance not inconsistent
with this chapter may provide, after a finding of reasonable
cause to believe that discrimination has occurred, for the filing of an action in, or the removal of the matter to, the superior court. [1993 c 69 § 16; 1983 c 5 § 2; 1981 c 259 § 5.]
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.340
49.60.340 Election for civil action in lieu of hearing—
Relief. (1) Any complainant on whose behalf the reasonable
cause finding was made, a respondent, or an aggrieved person
may, with respect to real estate transactions pursuant to RCW
49.60.222 through 49.60.225, elect to have the claims on
which reasonable cause was found decided in a civil action
under RCW 49.60.030(2) in lieu of a hearing under RCW
49.60.250. This election must be made not later than twenty
days after the service of the reasonable cause finding. The
person making such election shall give notice of doing so to
the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of
election is received by the commission within the twenty-day
period.
[Title 49 RCW—page 79]
49.60.350
Title 49 RCW: Labor Regulations
(2) If an election is made under subsection (1) of this section, the commission shall authorize not later than thirty days
after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a
superior court of the state of Washington seeking relief under
this section.
(3) Any aggrieved person with respect to the issues to be
determined in a civil action under this section may intervene
as of right in that civil action.
(4) In a civil action under this section, if the court finds
that an unfair practice in a real estate transaction has occurred
or is about to occur, the court may grant any relief that a court
could grant with respect to such an unfair practice in a real
estate transaction in a civil action under RCW 49.60.030(2).
If monetary relief is sought for the benefit of an aggrieved
person who does not intervene in the civil action, the court
shall not award such relief if that aggrieved person has not
complied with discovery orders entered by the court.
(5) In any administrative proceeding under this section
where the respondent is the prevailing party, a complainant
who intervenes by filing a notice of independent appearance
may be liable for reasonable attorneys’ fees and costs only to
the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the
purpose of harassment.
(6) In any administrative proceeding brought under
RCW 49.60.225 or any court proceeding arising therefrom,
or any civil action under this section, the administrative law
judge or the court in its discretion may allow the prevailing
party, other than the commission, reasonable attorneys’ fees
and costs. [1993 c 69 § 13.]
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.350 Temporary or preliminary relief—Superior court jurisdiction—Petition of commission. (1) The
superior courts of the state of Washington shall have jurisdiction upon petition of the commission, through the attorney
general, to seek appropriate temporary or preliminary relief
to enjoin any unfair practice in violation of RCW 49.60.222
through 49.60.225, from which prompt judicial action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under this section does not preclude the initiation or continuation of administrative proceedings under this chapter. [1993 c 69 § 2.]
49.60.350
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.360 Refueling services for disabled drivers—
Violation—Investigation—Intentional display of plate or
placard invalid or not legally issued prohibited—Fine—
Notice to disabled persons. (1) Every person, firm, partnership, association, trustee, or corporation which operates a
gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from
such a facility, shall provide, upon request, refueling service
to disabled drivers, unaccompanied by passengers capable of
safely providing refueling service, of vehicles which display
a disabled person’s license plate or placard issued by the
department of licensing. The price charged for the motor
vehicle fuel in such a case shall be no greater than that which
the facility otherwise would charge the public generally to
49.60.360
[Title 49 RCW—page 80]
purchase motor vehicle fuel without refueling service. This
section does not require a facility to provide disabled drivers
with services, including but not limited to checking oil or
cleaning windshields, other than refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have
remotely controlled gas pumps and which never provide
pump island service; and
(b) Convenience stores which sell gasoline, which have
remotely controlled gas pumps and which never provide
pump island service.
(3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an
employee acting independently against set service policy,
acts in violation of this section is guilty of a misdemeanor.
This subsection shall be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the filing
of a verified written complaint by any person, investigate the
actions of any person, firm, partnership, association, trustee,
or corporation alleged to have violated this section. The complaint shall be in the form prescribed by the commission. The
commission may, upon its own motion, issue complaints and
conduct investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
(5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may
investigate and prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate
or placard which is invalid, or which was not lawfully issued
to that person, for the purpose of obtaining refueling service
under subsection (1) of this section shall be subject to a civil
fine of one hundred dollars for each such violation.
(7) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation
which operates a gasoline service station, or other facility
which offers gasoline or other motor vehicle fuel for sale to
the public from such a facility.
(8) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every person who is issued a disabled person’s license plate or placard.
(9) For the purposes of this section, "refueling service"
means the service of pumping motor vehicle fuel into the fuel
tank of a motor vehicle.
(10) Nothing in this section limits or restricts the rights
or remedies provided under chapter 49.60 RCW. [1994 c 262
§ 17; 1985 c 309 § 1. Formerly RCW 70.84.090.]
49.60.370 Liability for killing or injuring dog guide
or service animal—Penalty in addition to other remedies
or penalties—Recovery of attorneys’ fees and costs—No
duty to investigate. (1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable
for a penalty of one thousand dollars, to be paid to the user of
the animal. The penalty shall be in addition to and not in lieu
of any other remedies or penalties, civil or criminal, provided
by law.
(2) A user or owner of a dog guide or service animal,
whose animal is negligently or maliciously injured or killed,
49.60.370
(2008 Ed.)
Employee Benefit Plans
is entitled to recover reasonable attorneys’ fees and costs
incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section. [1997 c
271 § 23; 1988 c 89 § 1. Formerly RCW 70.84.100.]
49.60.380 License waiver for dog guide and service
animals. A county, city, or town shall honor a request by a
blind person or hearing impaired person not to be charged a
fee to license his or her dog guide, or a request by a physically
disabled person not to be charged a fee to license his or her
service animal. [1997 c 271 § 24; 1989 c 41 § 1. Formerly
RCW 70.84.120.]
49.60.380
49.60.390 Rule-making authority—Deadline—1997
c 271. The Washington state human rights commission shall
adopt rules implementing chapter 271, Laws of 1997 no later
than March 1, 1998. [1997 c 271 § 25.]
49.60.390
49.64.030
this section. [1999 c 3 § 1 (Initiative Measure No. 200,
approved November 3, 1998).]
49.60.401 Short title—1999 c 3. RCW 49.60.400 shall
be known and cited as the Washington State Civil Rights Act.
[1999 c 3 § 2 (Initiative Measure No. 200, approved November 3, 1998).]
49.60.401
Chapter 49.64
Chapter 49.64 RCW
EMPLOYEE BENEFIT PLANS
Sections
49.64.010
49.64.020
49.64.030
49.64.040
Duration of trusts for employee benefits.
Trusts exempted from limitation as to duration.
Employee benefit plans—Payment or refund as discharge—
Adverse claims.
Dental care assistance plans—Options required.
Health care savings accounts authorized: Chapter 48.68 RCW.
49.64.010 Duration of trusts for employee benefits.
Any trust heretofore or hereafter created for the purposes and
of the type enumerated in RCW 49.64.020, whether in real or
personal property or in real and personal property, may continue for such time as may be necessary to accomplish the
purposes of the trust and shall not be invalid as violating any
statute or rule of law against perpetuities, or against accumulations of earnings, or concerning the suspension of the
power of alienation of the title to property, or otherwise limiting the duration of trusts. [1955 c 158 § 1.]
49.64.010
49.60.400 Discrimination, preferential treatment
prohibited. (1) The state shall not discriminate against, or
grant preferential treatment to, any individual or group on the
basis of race, sex, color, ethnicity, or national origin in the
operation of public employment, public education, or public
contracting.
(2) This section applies only to action taken after
December 3, 1998.
(3) This section does not affect any law or governmental
action that does not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex,
color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful
classification that:
(a) Is based on sex and is necessary for sexual privacy or
medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for
film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or
consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be
taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to
the state.
(7) For the purposes of this section, "state" includes, but
is not necessarily limited to, the state itself, any city, county,
public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(8) The remedies available for violations of this section
shall be the same, regardless of the injured party’s race, sex,
color, ethnicity, or national origin, as are otherwise available
for violations of Washington antidiscrimination law.
(9) This section shall be self-executing. If any part or
parts of this section are found to be in conflict with federal
law, the United States Constitution, or the Washington state
Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution,
and the Washington state Constitution permit. Any provision
held invalid shall be severable from the remaining portions of
49.60.400
(2008 Ed.)
49.64.020 Trusts exempted from limitation as to
duration. Trusts which are entitled to the exemption from
limitation as to their duration provided for in RCW 49.64.010
must be:
(1) Created by an employer primarily for the benefit of
some or all of the employees of such employer or the families
or appointees of such employees, under any pension, profitsharing, stock bonus, retirement, disability, death benefit or
other similar types of employee-benefit plans; and
(2) Contributed to by the employer or employees or both;
and
(3) Existing for the purpose of distributing to or for the
benefit of some or all of such employees (either before or
after their employment ceases), their families or appointees,
the earnings or principal, or earnings and principal, of the
trust. [1955 c 158 § 2.]
49.64.020
49.64.030 Employee benefit plans—Payment or
refund as discharge—Adverse claims. Notwithstanding
the provisions of RCW 26.16.030, whenever payment or
refund is made to an employee, former employee, or his beneficiary or estate pursuant to and in full compliance with a
written retirement, death or other employee benefit plan or
savings plan, such payment or refund shall fully discharge the
employer and any trustee or insurance company making such
payment or refund from all adverse claims thereto unless,
before such payment or refund is made, the employer or
former employer, where the payment is made by the
employer or former employer, has received at its principal
place of business within this state, written notice by or on
behalf of some other person that such other person claims to
49.64.030
[Title 49 RCW—page 81]
49.64.040
Title 49 RCW: Labor Regulations
be entitled to such payment or refund or some part thereof, or
where a trustee or insurance company is making the payment,
such notice has been received by the trustee or insurance
company at its home office or its principal place of business
within this state, and if none, such notice may be made on the
secretary of state: PROVIDED, HOWEVER, That nothing
contained in this section shall affect any claim or right to any
such payment or refund or part thereof as between all persons
other than employer and the trustee or insurance company
making such payment or refund. [1953 c 45 § 1. Formerly
RCW 49.52.065.]
Employees’ benefit deductions are trust funds: RCW 49.52.010.
49.64.040 Dental care assistance plans—Options
required. (1) Unless the context clearly requires otherwise,
in this section "dental care assistance plan" means any plan of
dental insurance offered by an insurer as defined by chapter
48.01 RCW and any agreement for dental care benefits
entered into or renewed after January 1, 1989, provided by a
health care service contractor as defined by chapter 48.44
RCW.
(2) Each employer, public or private, that offers its
employees a dental care assistance plan and each employee
benefits fund that offers its members a dental care assistance
plan limiting the provider of dental care to designated providers or group of providers, shall make available to and inform
its employees or members of the option of enrolling in an
alternative dental care assistance plan that permits the
employees or members to obtain dental care services from
any licensed dental care provider of their choice. The portion
of the premium paid by the employer for the limiting plan
shall be comparable to, but in no case greater than, the portion of the premium paid by the employer for the other plan.
If employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by this section
may be specified in the agreement. The provisions of this section are not mandatory if the employees are covered by TaftHartley health care trust, except that the labor-management
trustees may contract with a dental care assistance plan if a
feasibility study determines it is to the advantage of the members: PROVIDED, That this section shall only apply to
employers with greater than twenty-five employees under
coverage. [1988 c 259 § 1.]
49.64.040
Chapter 49.66
Chapter 49.66 RCW
HEALTH CARE ACTIVITIES
Sections
49.66.010
49.66.020
49.66.030
49.66.040
49.66.050
49.66.060
49.66.070
49.66.080
49.66.090
49.66.100
49.66.110
49.66.120
49.66.900
Purpose—Policy—Declaration.
Definitions.
Bargaining unit.
Unfair labor practice by health care activity.
Unfair labor practice by employee organization or agent.
Strike and picketing.
Relief from unfair labor practice—Actions—Remedial orders.
Rules and regulations—Procedures.
Board of arbitration—Members—Selection—Chair.
Board of arbitration—Hearings—Findings.
Board of arbitration—Standards or guidelines.
Arbitrator—Compensation—Expenses.
Severability—1972 ex.s. c 156.
[Title 49 RCW—page 82]
49.66.010 Purpose—Policy—Declaration. It is the
public policy of the state to expedite the settlement of labor
disputes arising in connection with health care activities, in
order that there may be no lessening, however temporary, in
the quality of the care given to patients. It is the legislative
purpose by this chapter to promote collective bargaining
between health care activities and their employees, to protect
the right of employees of health care activities to organize
and select collective bargaining units of their own choosing.
It is further determined that any agreements involving
union security including an all-union agreement or agency
agreement must safeguard the rights of nonassociation of
employees, based on bona fide religious tenets or teachings
of a church or religious body of which such employee is a
member. Such employee must pay an amount of money
equivalent to regular union dues and initiation fees and
assessments, if any, to a nonreligious charity or to another
charitable organization mutually agreed upon by the
employee affected and the representative of the labor organization to which such employee would otherwise pay dues.
The employee shall furnish written proof that this has been
done. If the employee and representative of the labor organization do not reach agreement on the matter, the department
shall designate such organization. [1973 2nd ex.s. c 3 § 1;
1972 ex.s. c 156 § 1.]
49.66.010
49.66.020 Definitions. As used in this chapter:
(1) "Health care activity" includes any hospital, nursing
home, institution, agency or establishment, exclusive of those
operated by the state, its municipalities, or political subdivisions, having for one of its principal purposes the preservation of health or the care of sick, aged or infirm persons.
(2) "Bargaining unit" includes any group of employees
of a health care activity having substantially common interests with respect to working conditions. The composition of a
bargaining unit may be determined by common consent
between an employer and its employees, or, in the event
either party shall apply to the director of labor and industries
for a determination of the composition of a bargaining unit, it
shall be determined by the director of labor and industries or
his delegated representative. No bargaining unit shall be
found appropriate if it includes guards together with other
employees.
(3) "Employee" includes any registered nurse or licensed
practical nurse or service personnel performing services for
wages for a health care activity. The term shall not apply to a
member of a religious order assigned to a health care activity
by the order as a part of his obligations to it; nor shall it apply
to persons performing services in connection with healing by
prayer or spiritual means alone in accordance with the tenets
and practices of recognized church or religious denominations by adherents thereof; nor shall it apply to supervisors.
(4) "Employer" includes any person, agency, corporation, company or other organization engaged in the operation
of a health care activity, whether for profitable or charitable
purposes.
(5) "Supervisor" means any individual having authority,
in the interest of the employer, to hire, transfer, suspend, lay
off, recall, promote, discharge, assign, reward, or discipline
other employees, or responsibly to direct them, or to adjust
their grievances, or effectively to recommend such action, if
49.66.020
(2008 Ed.)
Health Care Activities
in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires
the use of independent judgment. Supervisor includes registered nurses only if administrative supervision is his or her
primary duty and activity.
(6) "Guard" means any individual employed as a guard
to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer’s premises.
(7) "Director" means the director of the department of
labor and industries.
(8) "Department" means the department of labor and
industries. [1973 2nd ex.s. c 3 § 2; 1972 ex.s. c 156 § 2.]
49.66.030
49.66.030 Bargaining unit. An employee association
shall be deemed the properly designated representative of a
bargaining unit when it can show evidence that bargaining
rights have been assigned to it by a majority of the employees
in the bargaining unit. Should questions arise concerning the
representative status of any employee organization claiming
to represent a bargaining unit of employees, upon petition by
such an organization, it shall be the duty of the director, acting by himself or through a designee to investigate and determine the composition of the organization. Any organization
found authorized by not less than thirty percent of the
employees of a bargaining unit shall be eligible to apply for
an election to determine its rights to represent the unit. If
more than one organization shall claim to represent any unit,
the director, or his designee, may conduct an election by
secret ballot to determine which organization shall be authorized to represent the unit. In order to be certified as a bargaining representative, an employee organization must
receive, in a secret ballot election, votes from a majority of
the employees who vote in the election, except that nothing in
this section shall prohibit the voluntary recognition of a labor
organization as a bargaining representative by an employer
upon a showing of reasonable proof of majority. In any election held pursuant to this section, there shall be a choice on
the ballot for employees to designate that they do not wish to
be represented by any bargaining representative. No representation election shall be directed in any bargaining unit or
any subdivision thereof within which, in the preceding
twelve-month period, a valid election has been held. Thirty
percent of the employees of an employer may file a petition
for a secret ballot election to ascertain whether the employee
organization which has been certified or is currently recognized by their employer as their bargaining representative is
no longer their bargaining representative.
No employee organization shall be certified as the representative of employees in a bargaining unit of guards, if such
organization admits to membership, or is affiliated directly or
indirectly with an organization which admits to membership,
employees other than guards. The determination shall be
based upon a plurality of votes cast in such election, and shall
remain in effect for a period of not less than one year. In
determining appropriate bargaining units, the director shall
limit such units to groups consisting of registered nurses,
licensed practical nurses or service personnel: PROVIDED,
HOWEVER, That if a majority of each such classification
desires inclusion within a single bargaining unit, they may
(2008 Ed.)
49.66.050
combine into a single unit. [1973 2nd ex.s. c 3 § 3; 1972 ex.s.
c 156 § 3.]
49.66.040 Unfair labor practice by health care activity. It shall be deemed an unfair labor practice, and unlawful,
for any health care activity to:
(1) Interfere with, restrain or coerce employees in any
manner in the exercise of their right of self-organization:
PROVIDED, That the expressing of any views, argument, or
opinion, or the dissemination thereof, whether in written,
printed, graphic or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions
of this chapter, if such expression contains no threat of
reprisal or force or promise of benefit;
(2) Initiate, create, dominate, contribute to or interfere
with the formation or administration of any employee organization having bargaining as one of its functions;
(3) Discriminate in regard to hire, terms, or conditions of
employment in order to discourage membership in any
employee organization having collective bargaining as one of
its functions;
(4) Refuse to meet and bargain in good faith with the
duly designated representatives of an appropriate bargaining
unit of employees; and it shall be a requirement of good faith
bargaining that the parties be willing to reduce to writing, and
have their representatives sign, any agreement arrived at
through negotiation and discussion. [1972 ex.s. c 156 § 4.]
49.66.040
49.66.050 Unfair labor practice by employee organization or agent. It shall be an unfair labor practice and
unlawful, for any employee organization or its agent to:
(1) Restrain or coerce (a) employees in the exercise of
their right to refrain from self-organization, or (b) an
employer in the selection of its representatives for purposes
of collective bargaining or the adjustment of grievances;
(2) Cause or attempt to cause an employer to discriminate against an employee in violation of subsection (3) of
RCW 49.66.040 or to discriminate against an employee with
respect to whom membership in such organization has been
denied or terminated on some ground other than his failure to
tender the periodic dues and initiation fees uniformly
required as a condition of acquiring or retaining membership;
(3) Refuse to meet and bargain in good faith with an
employer, provided it is the duly designated representative of
the employer’s employees for purposes of collective bargaining;
(4) Require of employees covered by a union security
agreement the payment, as a condition precedent to becoming
a member of such organization, of a fee in an amount which
the director finds excessive or discriminatory under all the
circumstances. In making such a finding, the director shall
consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the
wages currently paid to the employees affected;
(5) Cause or attempt to cause an employer to pay or
deliver or agree to pay or deliver any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed;
(6) Enter into any contract or agreement, express or
implied, whereby an employer or other person ceases or
49.66.050
[Title 49 RCW—page 83]
49.66.060
Title 49 RCW: Labor Regulations
refrains, or agrees to cease or refrain, from handling, using,
selling, transporting or otherwise dealing in any of the products or services of any other employer or person, or to cease
doing business with any other employer or person, and any
such contract or agreement shall be unenforceable and void;
or
(7) Engage in, or induce or encourage any individual
employed by any employer or to engage in, an activity prohibited by RCW 49.66.060. [1973 2nd ex.s. c 3 § 4; 1972
ex.s. c 156 § 5.]
49.66.060 Strike and picketing. No employee organization, bargaining representative, person or employee shall
authorize, sanction, engage in, or participate in a strike
(including but not limited to a concerted work stoppage of
any kind, concerted slowdown or concerted refusal or failure
to report for work or perform work) or picketing against an
employer under any circumstances, whether arising out of a
recognition dispute, bargaining impasse or otherwise: PROVIDED, That nothing in this section shall prohibit picketing
or other publicity for the sole purpose of truthfully advising
the public of the existence of a dispute with the employer,
unless an effect of such picketing or other publicity is (a) to
induce any employee of the employer or any other individual,
in the course of his employment, not to pick up, deliver or
transfer goods, not to enter the employer’s premises, or not to
perform services; or (b) to induce such an employee or individual to engage in a strike. [1972 ex.s. c 156 § 6.]
49.66.060
49.66.070 Relief from unfair labor practice—
Actions—Remedial orders. The director or any employee
organization qualified to apply for an election under RCW
49.66.030 as now or hereafter amended or any employer may
maintain in its name or in the name of its members legal
action in any county in which jurisdiction of the employer or
employee organization may be obtained, to seek relief from
the commission of an unfair labor practice: PROVIDED,
That such employer or employee organization exhausts the
administrative remedies under rules and regulations promulgated by the department prior to seeking such court action.
The department is empowered and directed to prevent
any unfair labor practice and to issue appropriate remedial
orders. Any party aggrieved by any remedial order is entitled
to the judicial review thereof in accordance with the provisions of chapter 34.05 RCW. [1973 2nd ex.s. c 3 § 5; 1972
ex.s. c 156 § 7.]
49.66.070
49.66.080 Rules and regulations—Procedures. The
director shall have the power to make such rules and regulations not inconsistent with this chapter, including the establishment of procedures for the hearing and determination of
charges alleging unfair labor practices, and for a determination on application by either party when an impasse has
arisen, and as he shall determine are necessary to effectuate
its purpose and to enable him to carry out its provisions.
[1973 2nd ex.s. c 3 § 6; 1972 ex.s. c 156 § 8.]
49.66.080
49.66.090 Board of arbitration—Members—Selection—Chair. In the event that a health care activity and an
employees’ bargaining unit shall reach an impasse, the mat49.66.090
[Title 49 RCW—page 84]
ters in dispute shall be submitted to a board of arbitration
composed of three arbitrators for final and binding resolution.
The board shall be selected in the following manner: Within
ten days, the employer shall appoint one arbitrator and the
employees shall appoint one arbitrator. The two arbitrators
so selected and named shall within ten days agree upon and
select the name of a third arbitrator who shall act as chairman.
If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, such arbitrator shall be appointed at the request of either
party in accordance with RCW 7.04A.110, and that person
shall act as chair of the arbitration board. [2005 c 433 § 44;
1973 2nd ex.s. c 3 § 7; 1972 ex.s. c 156 § 9.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
49.66.100
49.66.100 Board of arbitration—Hearings—Findings. The arbitration board, acting through its chairman,
shall call a hearing to be held within ten days after the date of
the appointment of the chairman. The board shall conduct
public or private hearings. Reasonable notice of such hearings shall be given to the parties who shall appear and be
heard either in person or by counsel or other representative.
Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording
of the proceedings shall be taken. Any oral or documentary
evidence and other data deemed relevant by the board may be
received in evidence. The board shall have the power to
administer oaths, require the attendance of witnesses, and the
production of such books, papers, contracts, agreements and
documents as may be deemed by the board material to a just
determination of the issues in dispute and to issue subpoenas.
If any person refuses to obey such subpoena or refuses to be
sworn to testify, or any witness, party or attorney is guilty of
any contempt while in attendance at any hearing held hereunder, the board may invoke the jurisdiction of any superior
court and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by
the court as a contempt thereof. The hearing conducted by the
arbitrators shall be concluded within twenty days of the time
of commencement and, within ten days after conclusion of
the hearings, the arbitrator shall make written findings and a
written opinion upon the issues presented, a copy of which
shall be mailed or otherwise delivered to the employees’
negotiating agent or its attorney or other designated representative and to the employer or the employer’s attorney or designated representative. The determination of the dispute
made by the board shall be final and binding upon both parties. [1972 ex.s. c 156 § 10.]
49.66.110
49.66.110 Board of arbitration—Standards or guidelines. In making its determination, the board of arbitrators
shall be mindful of the legislative purpose enumerated in
RCW 49.66.010 and as additional standards or guidelines to
aid it in reaching a decision, it shall take into consideration
the following factors:
(1) Wage rates or other conditions of employment of the
health care activity in question as compared with prevailing
wage rates or other conditions of employment in the local
operating area involved.
(2008 Ed.)
Worker and Community Right to Know Act
(2) Wage rates or other working conditions as compared
with wage rates or other working conditions maintained for
the same or similar work of workers in the local area.
(3) The overall compensation of employees having
regard not only to wages for time actually worked but also for
time not actually worked, including vacations, holidays and
other excused time and for all fringe benefits received.
(4) Interest and welfare of the public.
(5) Comparison of peculiarities of employment in regard
to other comparable trades or professions, specifically:
(a) Physical qualifications.
(b) Educational qualifications.
(c) Job training and skills.
(6) Efficiency of operation of the health care activity.
[1972 ex.s. c 156 § 11.]
49.66.120 Arbitrator—Compensation—Expenses.
The arbitrator so selected by the parties shall be paid at the
daily rate or rates not to exceed the usual or customary rates
paid to arbitrators in addition to travel expenses at the rates
provided in RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended. Such sums together with all expenses
of the hearing shall be borne equally by the parties to the arbitration proceedings. [1975-’76 2nd ex.s. c 34 § 147; 1973
2nd ex.s. c 3 § 8; 1972 ex.s. c 156 § 12.]
49.66.120
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
49.66.900 Severability—1972 ex.s. c 156. If any portion of this chapter, or its application to any particular health
care activity or class of health care activity, should be held
invalid, the remainder of the chapter, or its application to
other health care activities, or other classes thereof, shall not
be affected. [1972 ex.s. c 156 § 13.]
49.66.900
Chapter 49.70
Chapter 49.70 RCW
WORKER AND COMMUNITY
RIGHT TO KNOW ACT
Sections
49.70.010
49.70.020
49.70.100
49.70.105
49.70.110
49.70.115
49.70.119
49.70.140
49.70.150
49.70.160
49.70.165
49.70.170
49.70.175
49.70.177
49.70.180
49.70.190
49.70.200
49.70.210
49.70.900
49.70.905
(2008 Ed.)
Legislative findings.
Definitions.
Employee may request workplace survey or material safety
data sheet.
Foreign language translation of written materials.
Discharge or discipline of employee prohibited—Application
of discrimination statutes.
Agricultural employees—Information and training on hazardous chemicals.
Agricultural employees—Pesticides—Records.
Educational brochures and public service announcements.
Civil action authorized.
Request for additional information—Confidentiality.
Trade secret exemptions.
Worker and community right to know fund—Employer
assessments—Audits—Appeal of assessment.
Worker and community right to know fund—Expenditure—
Disbursements.
Penalties for late payment of fees—Collection of fees and penalties.
Application of enforcement and administrative procedures of
Washington industrial safety and health act.
Compliance with chapter—Notice—Fines—Injunctive relief.
Adoption of rules.
Application of chapter to consumer products.
Short title.
Severability—1984 c 289.
49.70.020
49.70.010 Legislative findings. The legislature finds
and declares that the proliferation of hazardous substances in
the environment poses a growing threat to the public health,
safety, and welfare; that the constantly increasing number
and variety of hazardous substances, and the many routes of
exposure to them make it difficult and expensive to monitor
adequately and detect any adverse health effects attributable
thereto; that individuals themselves are often able to detect
and thus minimize effects of exposure to hazardous substances if they are aware of the identity of the substances and
the early symptoms of unsafe exposure; and that individuals
have an inherent right to know the full range of the risks they
face so that they can make reasoned decisions and take
informed action concerning their employment and their living conditions.
The legislature further declares that local health, fire,
police, safety, and other government officials require detailed
information about the identity, characteristics, and quantities
of hazardous substances used and stored in communities
within their jurisdictions, in order to plan adequately for, and
respond to, emergencies, enforce compliance with applicable
laws and regulations concerning these substances, and to
compile records of exposures to hazardous substances over a
period of time that will facilitate the diagnosis, treatment, and
prevention of disease.
The legislature further declares that the extent of the
toxic contamination of the air, water, and land in this state has
caused a high degree of concern among its residents and that
much of this concern is needlessly aggravated by the unfamiliarity of these substances to residents.
The legislature therefore determines that while these
substances have contributed to the high quality of life we
enjoy in our state, it is in the public interest to establish a
comprehensive program for the disclosure of information
about hazardous substances in the workplace and the community, and to provide a procedure whereby residents of this
state may gain access to this information. [1984 c 289 § 2.]
49.70.010
49.70.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of labor and
industries.
(2) "Employee" means an employee of an employer who
is employed in the business of his or her employer whether by
way of manual labor or otherwise and every person in this
state who is engaged in the employment of or who is working
under an independent contract the essence of which is personal labor for an employer under this chapter whether by
way of manual labor or otherwise. However, for the purposes
of this chapter, employee shall not mean immediate family
members of the officers of any corporation, partnership, sole
proprietorship or other business entity or officers of any
closely held corporation engaged in agricultural production
of crops or livestock.
(3) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession,
or activity in this state and employs one or more employees
or who contract with one or more persons, the essence of
which is the personal labor of such person or persons and
49.70.020
[Title 49 RCW—page 85]
49.70.100
Title 49 RCW: Labor Regulations
includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state,
and charitable organizations. [1985 c 409 § 1.]
49.70.100 Employee may request workplace survey
or material safety data sheet. An employee or employee
representative may request, in writing, from the employer, a
copy of a workplace survey or a material safety data sheet,
filed pursuant to this chapter for the employee’s work area.
The employer shall supply this material within three working
days of the request. This section shall not apply to employees
of vessels while the employees are on the water. [1989 c 11
§ 22; 1984 c 289 § 15.]
49.70.100
Severability—1989 c 11: See note following RCW 9A.56.220.
49.70.105 Foreign language translation of written
materials. (1) The department shall prepare and make available to employers or the public, upon request, a translation in
any of the five most common foreign languages used in the
workplace, of a written hazard communication program, a
material safety data sheet, or written materials prepared by
the department to inform employees of their rights relating to
hazard communication standards under this chapter and
chapter 49.17 RCW.
(2) An employer employing employees who have trouble communicating in English shall make reasonable efforts
to post any notices in the employees’ native languages as provided by the department. [1985 c 409 § 2.]
49.70.105
49.70.110 Discharge or discipline of employee prohibited—Application of discrimination statutes. No
employer may discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any
employee because the employee or the employee’s representative has exercised any right established in this chapter. The
discrimination provisions of chapter 49.17 RCW apply to this
chapter. [1984 c 289 § 16.]
49.70.110
49.70.115 Agricultural employees—Information and
training on hazardous chemicals. (1) An employer shall
provide employees engaged in agricultural production of
crops or livestock or agricultural services with information
and training on hazardous chemicals in their workplace at the
time of their initial assignment, and whenever a new hazard is
introduced into their work area, such instruction shall be tailored to the types of hazards to which the employees will be
exposed. Seasonal and temporary employees who are not
exposed to hazardous chemicals in their work area need not
be trained.
(2) Employers shall maintain any material safety data
sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are accessible to agricultural employees upon request.
(3) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced.
[1985 c 409 § 3.]
49.70.115
49.70.119 Agricultural employees—Pesticides—
Records. (1) An employer who applies pesticides in connection with the production of an agricultural crop, or who
49.70.119
[Title 49 RCW—page 86]
causes pesticides to be applied in connection with such production, shall keep records for each application, which shall
include the following information:
(a) The location of the land where the pesticide was
applied or site where the pesticide was stored;
(b) The year, month, day, and time the pesticide was
applied;
(c) The product name used on the registered label and the
United States environmental protection agency registration
number, if applicable, of the pesticide that was applied or
stored;
(d) The crop or site to which the pesticide was applied;
(e) The amount of pesticide applied per acre, or other
appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure, to
which pesticide was applied;
(h) If applicable, the licensed applicator’s name, address,
and telephone number and the name of the individual or individuals making the application;
(i) The direction and estimated velocity of the wind at
the time the pesticide was applied: PROVIDED, That this
subsection (i) shall not apply to applications of baits in bait
stations and pesticide applications within structures; and
(j) Any other reasonable information required by the
director.
(2) The records shall be updated on the same day that a
pesticide is applied. If the employer has been provided a copy
of a pesticide application record under RCW
17.21.100(2)(b), the copy may be used as the record of the
pesticide application required under this section. The
employer shall maintain and preserve the pesticide application records for no less than seven years from the date of the
application of the pesticide to which the records refer.
(3) The pesticide application records shall be readily
accessible to the employer’s employees and their designated
representatives in a central location in the workplace beginning on the day the application is made and for at least thirty
days following the application. The employee or representative shall be entitled to view the pesticide application records
and make his or her own record from the information contained in the application records. New or newly assigned
employees shall be made aware of the accessibility of the
application records before working with pesticides or in a
work area containing pesticides.
(4)(a) An employer subject to this section who stores
pesticides shall at least once in each calendar year perform an
inventory of the pesticides stored in any work area. The pesticide inventory records shall include the following information:
(i) The location of the site where the pesticide is stored;
(ii) The year, month, day, and time the pesticide was first
stored;
(iii) The product name used on the registered label and
the United States environmental protection agency registration number, if applicable, of the pesticide that is stored; and
(iv) The amount of pesticide in storage at the time of the
inventory.
The inventory records shall be maintained and preserved for
no less than seven years.
(2008 Ed.)
Worker and Community Right to Know Act
(b) In addition to performing the annual pesticide inventory required under this subsection, an employer shall maintain a record of pesticide purchases made between the annual
inventory dates. In lieu of this purchase record, an employer
may obtain from distributors from whom pesticides are purchased a statement obligating the distributor to maintain the
purchase records on behalf of the employer and in satisfaction of the employer’s obligations under this subsection. The
director may require the submission of all purchase records
from employers or distributors, covering the purchases during a specified period of time or in a specified geographical
area.
(5) If activities for which the records are maintained
cease, the records shall be filed with the department. If an
employer subject to this section is succeeded or replaced in
that function by another person, the person who succeeds or
replaces the employer shall retain the records as required by
this section but is not liable for violations committed by the
former employer under this chapter or rules adopted under
this chapter, including violations relating to the retention and
preservation of records.
(6)(a) The records required under this section shall be
readily accessible to the department for inspection. Copies of
the records shall be provided, on request, to: An employee or
the employee’s designated representative in the case of an
industrial insurance claim filed under Title 51 RCW with the
department of labor and industries, treating health care personnel, the pesticide incident reporting and tracking review
panel, or department representative. The designated representative or treating health care personnel are not required to
identify the employee represented or treated. The department
shall keep the name of any affected employee confidential in
accordance with RCW 49.17.080(1). When a request for
records is made under this subsection by treating health care
personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For
all other requests, copies of the records shall be provided
within seventy-two hours.
(b) Copies of records provided to any person or entity
under this subsection (6) shall, if so requested, be provided or
made available on a form adopted under subsection (10) of
this section. Information for treating health care personnel
shall be made immediately available by telephone, if
requested, with a copy of the records provided within twentyfour hours.
(c) If an employer has reason to suspect that an employee
is ill or injured because of an exposure to one or more pesticides, the employer shall immediately provide the employee
a copy of the relevant pesticide application records.
(7) If a request for a copy of a record is made under this
section and the employer refuses to provide a copy, the
requester may notify the department of the request and the
employer’s refusal. Within seven working days, the department shall request that the employer provide the department
with all pertinent copies of the records, except that in a medical emergency the request shall be made within two working
days. The employer shall provide copies of the records to the
department within twenty-four hours after the department’s
request.
(8) The department shall include inspection of the
records required under this section as part of any on-site
(2008 Ed.)
49.70.165
inspection of a workplace conducted under this chapter or
chapter 49.17 RCW. The inspection shall determine whether
the records are readily transferable to a form adopted by the
department, and readily accessible to employees. However,
no employer subject to a department inspection may be
inspected under this subsection (8) more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, the
department may conduct reasonable multiple inspections,
pursuant to rules adopted by the department. Nothing in this
subsection (8) limits the department’s inspection of records
pertaining to pesticide-related injuries, illnesses, fatalities,
accidents, or complaints.
(9) If an employer has failed to maintain and preserve the
records or provide access to or copies of the records as
required under this section, the employer shall be subject to
penalties authorized under RCW 49.17.180.
(10) The department of labor and industries and the
department of agriculture shall jointly adopt, by rule, forms
that satisfy the information requirements of this section and
RCW 17.21.100. [1992 c 173 § 3; 1989 c 380 § 77.]
Effective dates—1992 c 173: See note following RCW 17.21.100.
Severability—1989 c 380: See RCW 15.58.942.
49.70.140 Educational brochures and public service
announcements. The department shall produce educational
brochures and public service announcements detailing information available to citizens under this chapter. These educational materials shall be sent to each county health department. As necessary, the department shall provide information
needed to update these educational materials. [1984 c 289 §
20.]
49.70.140
49.70.150 Civil action authorized. A person may
bring a civil action on his or her own behalf against a manufacturer, supplier, employer, or user to compel compliance
with the provisions of this chapter or any rule promulgated
under this chapter subject to the provisions of Title 51 RCW.
The superior court shall have jurisdiction over these actions.
The court may award costs of litigation to the prevailing
party, including reasonable attorney and expert witness fees.
[1984 c 289 § 21.]
49.70.150
49.70.160 Request for additional information—Confidentiality. The department may request from an employer
submitting surveys to it further information concerning the
surveys, and the employer shall provide the additional information upon the request. The employer may require the
department to provide reasons why further information is
needed and to sign an agreement protecting the confidentiality of any additional information provided under this section.
[1984 c 289 § 23.]
49.70.160
49.70.165 Trade secret exemptions. (1) The department shall adopt rules in accordance with chapter 34.05
RCW establishing criteria for evaluating the validity of trade
secret claims and procedures for issuing a trade secret exemption. Manufacturers or importers that make a trade secret
claim to the department must notify direct purchasers if a
49.70.165
[Title 49 RCW—page 87]
49.70.170
Title 49 RCW: Labor Regulations
trade secret claim has been made on a product being offered
for sale.
(2) If a trade secret claim exists, a manufacturer,
importer, or employer may require a written statement of
need or confidentiality agreement before the specific chemical identity of a hazardous substance is released. However, if
a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous
substance is necessary for emergency or first aid treatment,
the manufacturer, importer, or employer shall immediately
disclose the specific chemical identity to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The chemical
manufacturer, importer, or employer may require a written
statement of need and confidentiality agreement, as defined
by rule, as soon as circumstances permit.
(3) Any challenge to the denial of a trade secret claim
shall be heard by an administrative law judge in accordance
with chapter 34.05 RCW. [1985 c 409 § 4.]
49.70.170 Worker and community right to know
fund—Employer assessments—Audits—Appeal of
assessment. (1) The worker and community right to know
fund is hereby established in the custody of the state treasurer. The department shall deposit all moneys received
under this chapter in the fund. Moneys in the fund may be
spent only for the purposes of this chapter following legislative appropriation. Disbursements from the fund shall be on
authorization of the director or the director’s designee. During the 2003-2005 fiscal biennium, moneys in the fund may
also be used by the military department for the purpose of
assisting the state emergency response commission and coordinating local emergency planning activities. The fund is
subject to the allotment procedure provided under chapter
43.88 RCW.
(2) The department shall assess each employer who
reported ten thousand four hundred or more worker hours in
the prior calendar year an annual fee to provide for the implementation of this chapter. The department shall promulgate
rules establishing a fee schedule for all employers who
reported ten thousand four hundred or more worker hours in
the prior calendar year and are engaged in business operations having a standard industrial classification, as designated
in the standard industrial classification manual prepared by
the federal office of management and budget, within major
group numbers 01 through 08 (agriculture and forestry industries), numbers 10 through 14 (mining industries), numbers
15 through 17 (construction industries), numbers 20 through
39 (manufacturing industries), numbers 41, 42, and 44
through 49 (transportation, communications, electric, gas,
and sanitary services), number 75 (automotive repair, services, and garages), number 76 (miscellaneous repair services), number 80 (health services), and number 82 (educational services). The department shall establish the annual
fee for each employer who reported ten thousand four hundred or more worker hours in the prior calendar year in industries identified by this section, provided that fees assessed
shall not be more than two dollars and fifty cents per full time
equivalent employee. The annual fee shall not exceed fifty
thousand dollars. The fees shall be collected solely from
employers whose industries have been identified by rule
49.70.170
[Title 49 RCW—page 88]
under this chapter. The department shall promulgate rules
allowing employers who do not have hazardous substances at
their workplace to request an exemption from the assessment
and shall establish penalties for fraudulent exemption
requests. All fees collected by the department pursuant to
this section shall be collected in a cost-efficient manner and
shall be deposited in the fund.
(3) Records required by this chapter shall at all times be
open to the inspection of the director, or his designee including, the traveling auditors, agents or assistants of the department provided for in RCW 51.16.070 and 51.48.040. The
information obtained from employer records under the provisions of this section shall be subject to the same confidentiality requirements as set forth in RCW 51.16.070.
(4) An employer may appeal the assessment of the fee or
penalties pursuant to the procedures set forth in Title 51
RCW and accompanying rules except that the employer shall
not have the right of appeal to superior court as provided in
Title 51 RCW. The employer from whom the fee or penalty
is demanded or enforced, may however, within thirty days of
the board of industrial insurance appeal’s final order, pay the
fee or penalty under written protest setting forth all the
grounds upon which such fee or penalty is claimed to be
unlawful, excessive or otherwise improper and thereafter
bring an action in superior court against the department to
recover such fee or penalty or any portion of the fee or penalty which was paid under protest.
(5) Repayment shall be made to the general fund of any
moneys appropriated by law in order to implement this chapter. [2004 c 276 § 911; 2001 2nd sp.s. c 7 § 913; 1999 c 309
§ 917; 1986 c 310 § 1; 1984 c 289 § 24.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
49.70.175 Worker and community right to know
fund—Expenditure—Disbursements. Funds in the worker
and community right to know fund established under RCW
49.70.170 may be spent by the department of ecology to
implement RCW 70.102.020 (1) through (3) following legislative appropriation. Disbursements from the fund shall be on
authorization of the director of the department of ecology.
[1985 c 410 § 5.]
49.70.175
49.70.177 Penalties for late payment of fees—Collection of fees and penalties. If payment of any fee assessed
under RCW 49.70.170 is not received by the department by
the due date, there shall be assessed a penalty of five percent
of the amount of the fee. If the fee is not received within thirty
days after the due date, there shall be assessed a total penalty
of ten percent of the amount of the fee. If the fee is not
received within sixty days after the due date, there shall be
assessed a total penalty of twenty percent of the amount of
the fee. No penalty added may be less than ten dollars. If a
warrant is issued by the department for the collection of fees,
penalties, and interest, there shall be an additional penalty of
five percent of the amount of the fee, but not less than five
dollars nor more than one hundred dollars. Warrants shall
49.70.177
(2008 Ed.)
Affirmative Action
earn interest at the rate of one percent per month, or fraction
thereof, from and after the date of entry of the warrant. The
department may utilize the procedures for collection of fees,
penalties, and interest set forth in Title 51 RCW. [1986 c 310
§ 2.]
49.70.180 Application of enforcement and administrative procedures of Washington industrial safety and
health act. Unless reference is specifically made to another
chapter, this chapter shall be implemented and enforced
including penalties, violations, citations, and other administrative procedures pursuant to chapter 49.17 RCW. [1984 c
289 § 25.]
49.70.180
49.70.190 Compliance with chapter—Notice—
Fines—Injunctive relief. If a manufacturer, supplier,
employer, or user refuses or fails to provide the department
with any data sheets, workplace surveys, or other papers,
documents, or information required by this chapter, the
department may give written notice to the manufacturer, supplier, employer, or user demanding immediate compliance. If
the manufacturer, supplier, employer, or user fails to begin to
comply with the terms of the notice within fourteen days of
receipt, the department may levy a fine of up to fifty dollars
per affected employee per day, not to exceed five thousand
dollars per day from the final date for compliance allowed by
this section or by the department. In any case where the noncompliance continues for more than fifteen days or where the
department determines the failure to comply creates a potential health or safety hazard to employees or hinders the
department’s performance of its duties under this chapter, the
department may, in lieu of levying a fine or further fines,
petition the superior court of Thurston county or the county
where the manufacturer, supplier, employer, or user is
located for an order enjoining the manufacturer, employer,
supplier, or user from further noncompliance and granting
any other remedies that may be appropriate. The court may
award the department costs of litigation, including attorney’s
fees, if the department is the prevailing party. [1984 c 289 §
26.]
49.74.020
enforce the Washington industrial safety and health act, chapter 49.17 RCW, at least as effectively as the federal occupational safety and health act. [1987 c 365 § 1.]
49.70.900 Short title. This chapter shall be known and
may be cited as the "worker and community right to know
act." [1984 c 289 § 1.]
49.70.900
49.70.905 Severability—1984 c 289. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 289 § 30.]
49.70.905
49.70.190
49.70.200 Adoption of rules. Except as otherwise provided in this chapter, the department, after consultation with
the department of agriculture, shall adopt any rules necessary
to carry out its responsibilities under this chapter. [1984 c
289 § 27.]
Chapter 49.74
Chapter 49.74 RCW
AFFIRMATIVE ACTION
Sections
49.74.005
49.74.010
49.74.020
49.74.030
49.74.040
49.74.050
Legislative findings—Purpose.
Commission.
Affirmative action rules—Noncompliance—Notification—
Hearing.
Noncompliance—Conciliation—Order.
Failure to reach conciliation agreement—Administrative hearing—Appeal.
Superior court—Remedies.
49.74.005 Legislative findings—Purpose. Discrimination because of race, creed, color, national origin, age, sex,
marital status, or the presence of any sensory, mental, or
physical handicap is contrary to the findings of the legislature
and public policy. The legislature finds and declares that
racial minorities, women, persons in protected age groups,
persons with disabilities, Vietnam-era veterans, and disabled
veterans are underrepresented in Washington state government employment.
The purpose of this chapter is to provide for enforcement
measures for affirmative action within Washington state government employment and institutions of higher education in
order to eliminate such underrepresentation. [1985 c 365 §
7.]
49.74.005
49.70.200
49.74.010 Commission. As used in this chapter, "commission" means the Washington state human rights commission. [1985 c 365 § 8.]
49.74.010
49.74.020 Affirmative action rules—Noncompliance—Notification—Hearing. If the commission reasonably believes that a state agency, an institution of higher education, or the state patrol has failed to comply with an affirmative action rule adopted under RCW 41.06.150 or
43.43.340, the commission shall notify the director of the
state agency, president of the institution of higher education,
or chief of the Washington state patrol of the noncompliance,
as well as the director of personnel. The commission shall
give the director of the state agency, president of the institution of higher education, or chief of the Washington state
patrol an opportunity to be heard on the failure to comply.
[1993 c 281 § 57; 1985 c 365 § 9.]
49.74.020
49.70.210 Application of chapter to consumer products. (1) It is the intent of the legislature that this chapter
shall not apply to products that are generally made available
to the noncommercial consumer: PROVIDED, That such
"consumer" products used by employees in the workplace are
used in substantially the same manner, form, and concentration as they are used by noncommercial consumers, and that
the product exposure is not substantially greater to the
employee than to the noncommercial consumer during normal and accepted use of that product.
(2) The department shall adopt rules in accordance with
chapter 34.05 RCW to implement this section. This section
shall not affect the department’s authority to implement and
49.70.210
(2008 Ed.)
Effective date—1993 c 281: See note following RCW 41.06.022.
[Title 49 RCW—page 89]
49.74.030
Title 49 RCW: Labor Regulations
49.74.030 Noncompliance—Conciliation—Order.
The commission in conjunction with the department of personnel or the state patrol, whichever is appropriate, shall
attempt to resolve the noncompliance through conciliation. If
an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order
shall be issued by the commission setting forth the terms of
the agreement. The noncomplying state agency, institution of
higher education, or state patrol shall make a good faith effort
to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve
compliance, provided such action is not inconsistent with the
rules adopted under RCW 41.06.150(6) and 43.43.340(5),
whichever is appropriate. [2002 c 354 § 246; 2002 c 354 §
245; 1993 c 281 § 58; 1985 c 365 § 10.]
49.74.030
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
49.74.040 Failure to reach conciliation agreement—
Administrative hearing—Appeal. If no agreement can be
reached under RCW 49.74.030, the commission may refer
the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds
that the state agency, institution of higher education, or state
patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state
agency, institution of higher education, or state patrol to comply with this chapter. The administrative law judge may order
any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted
under RCW 41.06.150(6) and 43.43.340(5), whichever is
appropriate.
An order by the administrative law judge may be
appealed to superior court. [2002 c 354 § 248; 2002 c 354 §
247; 1985 c 365 § 11.]
49.74.040
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
49.74.050 Superior court—Remedies. If the superior
court finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct
the noncompliance, the court, in addition to any other penalties and sanctions prescribed by law, shall order the state
agency, institution of higher education, or state patrol to comply with this chapter. The court may require any action
deemed appropriate by the court which is consistent with the
intent of this chapter. [1985 c 365 § 12.]
49.74.050
Chapter 49.76
Chapter 49.76 RCW
DOMESTIC VIOLENCE LEAVE
Sections
49.76.010
49.76.020
49.76.030
49.76.040
49.76.050
49.76.060
49.76.070
Legislative findings.
Definitions.
Domestic violence leave—Victims and family members—
Purpose.
Documentation of leave—Notice of purpose—Confidentiality.
Retention of pay or benefits—Exceptions—Health coverage.
Scope—Application—Expansion of rights.
Enforcement—Complaint—Investigation—Notice of infraction.
[Title 49 RCW—page 90]
49.76.080
49.76.090
49.76.100
49.76.110
49.76.120
49.76.130
49.76.140
49.76.150
49.76.900
Enforcement—Penalty for infraction.
Enforcement—Record confidentiality—Exceptions.
Enforcement—Remedies—Civil actions.
Effect of administrative findings and conclusions on civil
action.
Retaliation against employee.
Notice to employees—Department of labor and industries.
Notice to employees—Prosecutors—Victims’ advocates.
Authority to adopt rules.
Effective date—2008 c 286.
49.76.010 Legislative findings. (1) It is in the public
interest to reduce domestic violence, sexual assault, and
stalking by enabling victims to maintain the financial independence necessary to leave abusive situations, achieve
safety, and minimize physical and emotional injuries, and to
reduce the devastating economic consequences of domestic
violence, sexual assault, and stalking to employers and
employees. Victims of domestic violence, sexual assault, and
stalking should be able to recover from and cope with the
effects of such violence and participate in criminal and civil
justice processes without fear of adverse economic consequences.
(2) One of the best predictors of whether a victim of
domestic violence, sexual assault, or stalking will be able to
stay away from an abuser is his or her degree of economic
independence. However, domestic violence, sexual assault,
and stalking often negatively impact victims’ ability to maintain employment.
(3) An employee who is a victim of domestic violence,
sexual assault, or stalking, or an employee whose family
member is a victim, must often take leave from work due to
injuries, court proceedings, or safety concerns requiring legal
protection.
(4) Thus, it is in the public interest to provide reasonable
leave from employment for employees who are victims of
domestic violence, sexual assault, or stalking, or for employees whose family members are victims, to participate in legal
proceedings, receive medical treatment, or obtain other necessary services. [2008 c 286 § 1.]
49.76.010
49.76.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Child," "spouse," "parent," "parent-in-law," "grandparent," and "sick leave and other paid time off" have the
same meanings as in RCW 49.12.265.
(2) "Dating relationship" has the same meaning as in
RCW 26.50.010.
(3) "Department," "director," "employer," and
"employee" have the same meanings as in RCW 49.12.005.
(4) "Domestic violence" has the same meaning as in
RCW 26.50.010.
(5) "Family member" means any individual whose relationship to the employee can be classified as a child, spouse,
parent, parent-in-law, grandparent, or person with whom the
employee has a dating relationship.
(6) "Intermittent leave" and "reduced leave schedule"
have the same meanings as in RCW 49.78.020.
(7) "Sexual assault" has the same meaning as in RCW
70.125.030.
(8) "Stalking" has the same meaning as in RCW
9A.46.110. [2008 c 286 § 2.]
49.76.020
(2008 Ed.)
Domestic Violence Leave
49.76.030 Domestic violence leave—Victims and
family members—Purpose. An employee may take reasonable leave from work, intermittent leave, or leave on a
reduced leave schedule, with or without pay, to:
(1) Seek legal or law enforcement assistance or remedies
to ensure the health and safety of the employee or employee’s
family members including, but not limited to, preparing for,
or participating in, any civil or criminal legal proceeding
related to or derived from domestic violence, sexual assault,
or stalking;
(2) Seek treatment by a health care provider for physical
or mental injuries caused by domestic violence, sexual
assault, or stalking, or to attend to health care treatment for a
victim who is the employee’s family member;
(3) Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or
other social services program for relief from domestic violence, sexual assault, or stalking;
(4) Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or
the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or
(5) Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of
the employee or employee’s family members from future
domestic violence, sexual assault, or stalking. [2008 c 286 §
3.]
49.76.030
49.76.040 Documentation of leave—Notice of purpose—Confidentiality. (1) As a condition of taking leave
for any purpose described in RCW 49.76.030, an employee
shall give an employer advance notice of the employee’s
intention to take leave. The timing of the notice shall be consistent with the employer’s stated policy for requesting such
leave, if the employer has such a policy. When advance
notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault,
or stalking, the employee or his or her designee must give
notice to the employer no later than the end of the first day
that the employee takes such leave.
(2) When an employee requests leave under RCW
49.76.030 the employer may require that the request be supported by verification that:
(a) The employee or employee’s family member is a victim of domestic violence, sexual assault, or stalking; and
(b) The leave taken was for one of the purposes
described in RCW 49.76.030.
(3) If an employer requires verification, verification
must be provided in a timely manner. In the event that
advance notice of the leave cannot be given because of an
emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, and the employer requires
verification, verification must be provided to the employer
within a reasonable time period during or after the leave.
(4) An employee may satisfy the verification requirement of this section by providing the employer with one or
more of the following:
(a) A police report indicating that the employee or
employee’s family member was a victim of domestic violence, sexual assault, or stalking;
49.76.040
(2008 Ed.)
49.76.050
(b) A court order protecting or separating the employee
or employee’s family member from the perpetrator of the act
of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the
employee or employee’s family member appeared, or is
scheduled to appear, in court in connection with an incident
of domestic violence, sexual assault, or stalking;
(c) Documentation that the employee or the employee’s
family member is a victim of domestic violence, sexual
assault, or stalking, from any of the following persons from
whom the employee or employee’s family member sought
assistance in addressing the domestic violence, sexual
assault, or stalking: An advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of
the clergy; or a medical or other professional. The provision
of documentation under this section does not waive or diminish the confidential or privileged nature of communications
between a victim of domestic violence, sexual assault, or
stalking with one or more of the individuals named in this
subsection (4)(c) pursuant to RCW 5.60.060, 70.123.075,
70.123.076, or 70.125.065; or
(d) An employee’s written statement that the employee
or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was
for one of the purposes described in RCW 49.76.030.
(5) If the victim of domestic violence, sexual assault, or
stalking is the employee’s family member, verification of the
familial relationship between the employee and the victim
may include, but is not limited to, a statement from the
employee, a birth certificate, a court document, or other similar documentation.
(6) An employee who is absent from work pursuant to
RCW 49.76.030 may elect to use the employee’s sick leave
and other paid time off, compensatory time, or unpaid leave
time.
(7) An employee is required to provide only the information enumerated in subsection (2) of this section to establish
that the employee’s leave is protected under this chapter. An
employee is not required to produce or discuss any information with the employer that is beyond the scope of subsection
(2) of this section, or that would compromise the employee’s
safety or the safety of the employee’s family member in any
way, and an employer is prohibited from requiring any such
disclosure.
(8)(a) Except as provided in (b) of this subsection, an
employer shall maintain the confidentiality of all information
provided by the employee under this section, including the
fact that the employee or employee’s family member is a victim of domestic violence, sexual assault, or stalking, that the
employee has requested or obtained leave under this chapter,
and any written or oral statement, documentation, record, or
corroborating evidence provided by the employee.
(b) Information given by an employee may be disclosed
by an employer only if:
(i) Requested or consented to by the employee;
(ii) Ordered by a court or administrative agency; or
(iii) Otherwise required by applicable federal or state
law. [2008 c 286 § 4.]
49.76.050 Retention of pay or benefits—Exceptions—Health coverage. (1) The taking of leave under
49.76.050
[Title 49 RCW—page 91]
49.76.060
Title 49 RCW: Labor Regulations
RCW 49.76.030 may not result in the loss of any pay or benefits to the employee that accrued before the date on which
the leave commenced.
(2) Upon an employee’s return, an employer shall either:
(a) Restore the employee to the position of employment
held by the employee when the leave commenced; or
(b) Restore the employee to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment.
(3)(a) This section does not apply if the employment
from which the individual takes leave is with a staffing company and the individual is assigned on a temporary basis to
perform work at or services for another organization to support or supplement the other organization’s workforces, or to
provide assistance in special work situations such as, but not
limited to, employee absences, skill shortages, seasonal
workloads, or to perform special assignments or projects, all
under the direction and supervision of the organization to
which the individual is assigned.
(b) This section does not apply if an employee was hired
for a specific term or only to perform work on a discrete
project, the employment term or project is over, and the
employer would not otherwise have continued to employ the
employee.
(4) To the extent allowed by law, an employer shall
maintain coverage under any health insurance plan for an
employee who takes leave under RCW 49.76.030. The coverage must be maintained for the duration of the leave at the
level and under the conditions coverage would have been
provided if the employee had not taken the leave. [2008 c
286 § 5.]
49.76.060 Scope—Application—Expansion of rights.
(1) The rights provided in chapter 286, Laws of 2008 are in
addition to any other rights provided by state and federal law.
(2) Nothing in this chapter shall be construed to discourage employers from adopting policies that provide greater
leave rights to employees who are victims of domestic violence, sexual assault, or stalking than those required by chapter 286, Laws of 2008.
(3) Nothing in chapter 286, Laws of 2008 shall be construed to diminish an employer’s obligation to comply with
any collective bargaining agreement, or any employment
benefit program or plan, that provides greater leave rights to
employees than the rights provided by chapter 286, Laws of
2008. [2008 c 286 § 6.]
49.76.060
49.76.070 Enforcement—Complaint—Investigation—Notice of infraction. Upon complaint by an
employee, the director shall investigate to determine if there
has been compliance with this chapter and the rules adopted
under this chapter. If the investigation indicates that a violation has occurred, the director shall issue a notice of infraction. Appeal from the director’s decision is governed by
chapter 34.05 RCW. [2008 c 286 § 7.]
infraction and a fine of up to one thousand dollars for each
subsequent infraction committed within three years of a previous infraction.
(2) The director may also order an employer found to
have committed an infraction under RCW 49.76.070 to comply with RCW 49.76.050(2). [2008 c 286 § 9.]
49.76.090 Enforcement—Record confidentiality—
Exceptions. (1) Except as provided in subsection (2) of this
section, information contained in the department’s complaint
files and records of employees under this chapter is confidential and shall not be open to public inspection.
(2) Except as limited by state or federal statute or regulations:
(a) The information in subsection (1) of this section may
be provided to public employees in the performance of their
official duties; and
(b) A complainant or a representative of a complainant,
be it an individual or an organization, may review a complaint file or receive specific information therefrom upon the
presentation of the signed authorization of the complainant.
[2008 c 286 § 10.]
49.76.090
49.76.100 Enforcement—Remedies—Civil actions.
(1) Any employee deeming herself or himself injured by any
act in violation of this chapter shall have a civil action in a
court of competent jurisdiction to enjoin further violations, or
to recover the actual damages sustained by the person, or
both, together with the cost of suit including reasonable attorneys’ fees.
(2) The remedy provided by this section is in addition to
any common law remedy or other remedy that may be available to an employee.
(3) An employee is not required to exhaust administrative remedies before filing a civil action to enforce this chapter. [2008 c 286 § 12.]
49.76.100
49.76.110 Effect of administrative findings and conclusions on civil action. Any finding, determination, conclusion, declaration, or notice of infraction made for the purposes of enforcing this chapter by the director or by an appeal
tribunal, administrative law judge, or reviewing officer is neither conclusive nor binding in any civil action filed pursuant
to RCW 49.76.100 or in any other common law or civil
action, regardless of whether the prior action was between the
same or related parties or involved the same facts. [2008 c
286 § 8.]
49.76.110
49.76.070
49.76.080 Enforcement—Penalty for infraction. (1)
If an employer is found to have committed an infraction
under RCW 49.76.070, the director may impose upon the
employer a fine of up to five hundred dollars for the first
49.76.080
[Title 49 RCW—page 92]
49.76.120 Retaliation against employee. No employer
may discharge, threaten to discharge, demote, deny a promotion to, sanction, discipline, retaliate against, harass, or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment
because the employee:
(1) Exercised rights under RCW 49.76.030;
(2) Filed or communicated to the employer an intent to
file a complaint under RCW 49.76.070 or 49.76.100; or
(3) Participated or assisted, as a witness or otherwise, in
another employee’s attempt to exercise rights under RCW
49.76.030, 49.76.070, or 49.76.100. [2008 c 286 § 11.]
49.76.120
(2008 Ed.)
Family Leave
49.76.130 Notice to employees—Department of labor
and industries. The department shall include notice of the
provisions of this chapter in the next reprinting of employment posters printed under RCW 49.78.340. Employers shall
post this notice as required in RCW 49.78.340. [2008 c 286
§ 13.]
49.76.130
49.76.140 Notice to employees—Prosecutors—Victims’ advocates. Prosecuting attorney and victim/witness
offices are encouraged to make information regarding this
chapter available for distribution at their offices. [2008 c 286
§ 14.]
49.76.140
49.76.150 Authority to adopt rules. The director shall
adopt rules as necessary to implement this chapter. [2008 c
286 § 15.]
49.76.150
49.76.900 Effective date—2008 c 286. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 1, 2008]. [2008 c 286 § 18.]
49.76.900
Chapter 49.77
Chapter 49.77 RCW
MILITARY FAMILY LEAVE ACT
Sections
49.77.010
49.77.020
49.77.030
Military family leave.
Definitions.
Entitlement to leave—Notice requirement—Prohibited acts—
Administration—Enforcement.
49.77.010 Military family leave. In order to support
the families of military personnel serving in military conflicts, and to assure that these families are able to spend time
together after being notified of an impending call or order to
active duty and before deployment and during a military
member’s leave from deployment, the legislature hereby creates the military family leave act. [2008 c 71 § 1.]
49.77.010
49.77.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" and "spouse" have the same meanings
as in RCW 49.78.020.
(2) "Employee" means a person who performs service
for hire for an employer, for an average of twenty or more
hours per week, and includes all individuals employed at any
site owned or operated by an employer, but does not include
an independent contractor.
(3) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other
business entity which engages in any business, industry, profession, or activity in this state; (b) the state, state institutions,
and state agencies; and (c) any unit of local government
including, but not limited to, a county, city, town, municipal
corporation, quasi-municipal corporation, or political subdivision.
(4) "Period of military conflict" means a period of war
declared by the United States Congress, declared by executive order of the president, or in which a member of a reserve
Chapter 49.78
component of the armed forces is ordered to active duty pursuant to either sections 12301 and 12302 of Title 10 of the
United States Code or Title 32 of the United States Code.
[2008 c 71 § 2.]
49.77.030 Entitlement to leave—Notice requirement—Prohibited acts—Administration—Enforcement.
(1) During a period of military conflict, an employee who is
the spouse of a member of the armed forces of the United
States, national guard, or reserves who has been notified of an
impending call or order to active duty or has been deployed is
entitled to a total of fifteen days of unpaid leave per deployment after the military spouse has been notified of an
impending call or order to active duty and before deployment
or when the military spouse is on leave from deployment.
(2) An employee who takes leave under this chapter is
entitled: (a) To be restored to a position of employment in the
same manner as an employee entitled to leave under chapter
49.78 RCW is restored to a position of employment, as specified in RCW 49.78.280; and (b) to continue benefits in the
same manner as an employee entitled to leave under chapter
49.78 RCW continues benefits, as specified in RCW
49.78.290.
(3) An employee who seeks to take leave under this
chapter must provide the employer with notice, within five
business days of receiving official notice of an impending
call or order to active duty or of a leave from deployment, of
the employee’s intention to take leave under this chapter.
(4) An employer from which an employee seeks to take
leave or takes leave under this chapter shall not engage in
prohibited acts as specified in RCW 49.78.300.
(5) An employee who takes leave under this chapter may
elect to substitute any of the accrued leave to which the
employee may be entitled for any part of the leave provided
under this chapter.
(6) The department shall administer the provisions of
this chapter, and may adopt rules as necessary to implement
this chapter.
(7) This chapter shall be enforced as provided in chapter
49.78 RCW. [2008 c 71 § 3.]
49.77.030
49.77.020
(2008 Ed.)
Chapter 49.78
Chapter 49.78 RCW
FAMILY LEAVE
Sections
49.78.010
49.78.020
49.78.090
49.78.220
49.78.230
49.78.240
49.78.250
49.78.260
49.78.270
49.78.280
49.78.290
49.78.300
49.78.310
49.78.320
49.78.330
49.78.340
49.78.350
49.78.360
49.78.370
49.78.380
49.78.390
Legislative findings.
Definitions.
Administration.
Entitlement to leave.
Leave taken intermittently or on reduced leave schedule.
Unpaid leave permitted—Relationship to paid leave.
Foreseeable leave.
Spouses employed by same employer.
Certification.
Employment protection.
Employment benefits.
Prohibited acts.
Complaint investigations by director.
Civil penalty.
Civil action by employees.
Notice—Penalties.
Family and medical leave enforcement account.
Effect on other laws.
Effect on existing employment benefits.
Encouragement of more generous leave policies.
Relationship to federal family and medical leave act.
[Title 49 RCW—page 93]
49.78.010
49.78.400
49.78.410
49.78.900
49.78.901
49.78.902
49.78.903
Title 49 RCW: Labor Regulations
Rules.
Construction.
Severability—1989 1st ex.s. c 11.
Effective date—1989 1st ex.s. c 11.
Severability—2006 c 59.
Captions not law—2006 c 59.
Military family leave act: Chapter 49.77 RCW.
49.78.010 Legislative findings. The legislature finds
that the demands of the workplace and of families need to be
balanced to promote family stability and economic security.
Workplace leave policies are desirable to accommodate
changes in the workforce such as rising numbers of dualcareer couples, working single parents, and an aging population. In addition, given the mobility of American society,
many people no longer have available community or family
support networks and therefore need additional flexibility in
the workplace. The legislature declares it to be in the public
interest to provide reasonable leave for medical reasons, for
the birth or placement of a child, and for the care of a family
member who has a serious health condition. [2006 c 59 § 1;
1989 1st ex.s. c 11 § 1.]
49.78.010
49.78.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Child" means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis, who is: (a) Under eighteen years of age; or (b)
eighteen years of age or older and incapable of self-care
because of a mental or physical disability.
(2) "Department" means the department of labor and
industries.
(3) "Director" means the director of the department.
(4)(a) "Employee" means a person who has been
employed: (i) For at least twelve months by the employer
with respect to whom leave is requested under RCW
49.78.220; and (ii) for at least one thousand two hundred fifty
hours of service with the employer during the previous
twelve-month period.
(b) "Employee" does not mean a person who is
employed at a worksite at which the employer as defined in
(a) of this subsection employs less than fifty employees if the
total number of employees employed by that employer within
seventy-five miles of that worksite is less than fifty.
(5) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other
business entity which engages in any business, industry, profession, or activity in this state and includes any unit of local
government including, but not limited to, a county, city,
town, municipal corporation, quasi-municipal corporation, or
political subdivision, which employs fifty or more employees
for each working day during each of twenty or more calendar
workweeks in the current or preceding calendar year; (b) the
state, state institutions, and state agencies; and (c) any unit of
local government including, but not limited to, a county, city,
town, municipal corporation, quasi-municipal corporation, or
political subdivision.
(6) "Employment benefits" means all benefits provided
or made available to employees by an employer, including
group life insurance, health insurance, disability insurance,
sick leave, annual leave, educational benefits, and pensions
49.78.020
[Title 49 RCW—page 94]
except benefits that are provided by a practice or written policy of an employer or through an employee benefit plan as
defined in 29 U.S.C. Sec. 1002(3).
(7) "Family member" means a child, parent, or spouse of
an employee.
(8) "Health care provider" means: (a) A person licensed
as a physician under chapter 18.71 RCW or an osteopathic
physician and surgeon under chapter 18.57 RCW; (b) a person licensed as an advanced registered nurse practitioner
under chapter 18.79 RCW; or (c) any other person determined by the director to be capable of providing health care
services.
(9) "Intermittent leave" is leave taken in separate blocks
of time due to a single qualifying reason.
(10) "Leave for a family member’s serious health condition" means leave as described in RCW 49.78.220(1)(c).
(11) "Leave for the birth or placement of a child" means
leave as described in RCW 49.78.220(1) (a) or (b).
(12) "Leave for the employee’s serious health condition"
means leave as described in RCW 49.78.220(1)(d).
(13) "Parent" means the biological or adoptive parent of
an employee or an individual who stood in loco parentis to an
employee when the employee was a child.
(14) "Period of incapacity" means an inability to work,
attend school, or perform other regular daily activities
because of the serious health condition, treatment of that condition or recovery from it, or subsequent treatment in connection with such inpatient care.
(15) "Reduced leave schedule" means a leave schedule
that reduces the usual number of hours per workweek, or
hours per workday, of an employee.
(16)(a) "Serious health condition" means an illness,
injury, impairment, or physical or mental condition that
involves:
(i) Inpatient care in a hospital, hospice, or residential
medical care facility, including any period of incapacity; or
(ii) Continuing treatment by a health care provider. A
serious health condition involving continuing treatment by a
health care provider includes any one or more of the following:
(A) A period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
(I) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health
care services under orders of, or on referral by, a health care
provider; or
(II) Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider;
(B) Any period of incapacity due to pregnancy, or for
prenatal care;
(C) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic
serious health condition is one which:
(I) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician’s assistant under direct
supervision of a health care provider;
(II) Continues over an extended period of time, including
recurring episodes of a single underlying condition; and
(2008 Ed.)
Family Leave
(III) May cause episodic rather than a continuing period
of incapacity;
(D) A period of incapacity which is permanent or
long-term due to a condition for which treatment may not be
effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active
treatment by, a health care provider; or
(E) Any period of absence to receive multiple treatments, including any period of recovery from the treatments,
by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider,
either for restorative surgery after an accident or other injury,
or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer,
severe arthritis, or kidney disease.
(b) Treatment for purposes of (a) of this subsection
includes, but is not limited to, examinations to determine if a
serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. Under
(a)(ii)(A)(II) of this subsection, a regimen of continuing treatment includes, but is not limited to, a course of prescription
medication or therapy requiring special equipment to resolve
or alleviate the health condition. A regimen of continuing
treatment that includes taking over-the-counter medications,
such as aspirin, antihistamines, or salves, or bed-rest, drinking fluids, exercise, and other similar activities that can be
initiated without a visit to a health care provider, is not, by
itself, sufficient to constitute a regimen of continuing treatment for purposes of this chapter.
(c) Conditions for which cosmetic treatments are administered are not "serious health conditions" unless inpatient
hospital care is required or unless complications develop.
Unless complications arise, the common cold, the flu, ear
aches, upset stomach, minor ulcers, headaches other than
migraine, routine dental or orthodontia problems, and periodontal disease are examples of conditions that do not meet
the definition of a "serious health condition" and do not qualify for leave under this chapter. Restorative dental or plastic
surgery after an injury or removal of cancerous growths are
serious health conditions provided all the other conditions of
this section are met. Mental illness resulting from stress or
allergies may be serious health conditions provided all the
other conditions of this section are met.
(d) Substance abuse may be a serious health condition if
the conditions of this section are met. However, leave may
only be taken for treatment for substance abuse by a health
care provider or by a provider of health care services upon
referral by a health care provider. Absence from work
because of the employee’s use of the substance, rather than
for treatment, does not qualify for leave under this chapter.
(e) Absences attributable to incapacity under (a)(ii)(B)
or (C) of this subsection qualify for leave under this chapter
even though the employee or the immediate family member
does not receive treatment from a health care provider during
the absence, and even if the absence does not last more than
three days.
(17) "Spouse" means a husband or wife, as the case may
be. [2006 c 59 § 2; 1996 c 178 § 14; 1989 1st ex.s. c 11 § 2.]
Effective date—1996 c 178: See note following RCW 18.35.110.
(2008 Ed.)
49.78.230
49.78.090 Administration. The department of labor
and industries shall administer the provisions of this chapter.
[1989 1st ex.s. c 11 § 9.]
49.78.090
49.78.220 Entitlement to leave. (1) Subject to RCW
49.78.260, an employee is entitled to a total of twelve workweeks of leave during any twelve-month period for one or
more of the following:
(a) Because of the birth of a child of the employee and in
order to care for the child;
(b) Because of the placement of a child with the
employee for adoption or foster care;
(c) In order to care for a family member of the employee,
if the family member has a serious health condition; or
(d) Because of a serious health condition that makes the
employee unable to perform the functions of the position of
the employee.
(2) The entitlement to leave for the birth or placement of
a child expires at the end of the twelve-month period beginning on the date of such birth or placement. [2006 c 59 § 3.]
49.78.220
49.78.230 Leave taken intermittently or on reduced
leave schedule. (1)(a) When leave is taken after the birth or
placement of a child for adoption or foster care, an employee
may take leave intermittently or on a reduced leave schedule
with the employer’s agreement. The employer’s agreement
is not required, however, for leave during which the
employee has a serious health condition in connection with
the birth of a child or if the newborn child has a serious health
condition.
(b) Leave may be taken intermittently or on a reduced
leave schedule when medically necessary for medical treatment of a serious health condition by or under the supervision
of a health care provider, or for recovery from treatment or
recovery from a serious health condition. It may also be
taken to provide care or psychological comfort to an immediate family member with a serious health condition.
(i) Intermittent leave may be taken for a serious health
condition that requires treatment by a health care provider
periodically, rather than for one continuous period of time,
and may include leave of periods from an hour or more to
several weeks.
(ii) Intermittent or reduced schedule leave may be taken
for absences where the employee or family member is incapacitated or unable to perform the essential functions of the
position because of a chronic serious health condition even if
he or she does not receive treatment by a health care provider.
(c) There is no limit on the size of an increment of leave
when an employee takes intermittent leave or leave on a
reduced leave schedule. However, an employer may limit
leave increments to the shortest period of time that the
employer’s payroll system uses to account for absences or
use of leave, provided it is one hour or less.
(d) The taking of leave intermittently or on a reduced
leave schedule under this section may not result in a reduction in the total amount of leave to which the employee is
entitled under RCW 49.78.220 beyond the amount of leave
actually taken.
(2) If an employee requests intermittent leave, or leave
on a reduced leave schedule, for a family member’s serious
health condition or the employee’s serious health condition
49.78.230
[Title 49 RCW—page 95]
49.78.240
Title 49 RCW: Labor Regulations
when the condition is foreseeable based on planned medical
treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by
the employer for which the employee is qualified and that:
(a) Has equivalent pay and benefits; and
(b) Better accommodates recurring periods of leave than
the regular employment position of the employee. [2006 c 59
§ 4.]
49.78.240 Unpaid leave permitted—Relationship to
paid leave. (1) Except as provided in subsection (2) of this
section, leave granted under RCW 49.78.220 may consist of
unpaid leave.
(2) If an employer provides paid leave for fewer than
twelve workweeks, the additional weeks of leave necessary
to attain the twelve workweeks of leave required under this
chapter may be provided without compensation. [2006 c 59
§ 5.]
49.78.240
49.78.250 Foreseeable leave. (1) If the necessity for
leave for the birth or placement of a child is foreseeable based
on an expected birth or placement, the employee shall provide the employer with not less than thirty days’ notice,
before the date the leave is to begin, of the employee’s intention to take leave for the birth or placement of a child, except
that if the date of the birth or placement requires leave to
begin in less than thirty days, the employee shall provide
such notice as is practicable.
(2) If the necessity for leave for a family member’s serious health condition or the employee’s serious health condition is foreseeable based on planned medical treatment, the
employee:
(a) Must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the
employer, subject to the approval of the health care provider
of the employee or the health care provider of the family
member, as appropriate; and
(b) Must provide the employer with not less than thirty
days’ notice, before the date the leave is to begin, of the
employee’s intention to take leave for a family member’s
serious health condition or the employee’s serious health
condition, except that if the date of the treatment requires
leave to begin in less than thirty days, the employee must provide such notice as is practicable. [2006 c 59 § 6.]
49.78.250
49.78.260 Spouses employed by same employer. If
spouses entitled to leave under this chapter are employed by
the same employer, the aggregate number of workweeks of
leave to which both may be entitled may be limited to twelve
workweeks during any twelve-month period, if such leave is
taken: (1) For the birth or placement of a child; or (2) for a
parent’s serious health condition. [2006 c 59 § 7.]
49.78.260
49.78.270 Certification. (1) An employer may require
that a request for leave for a family member’s serious health
condition or the employee’s serious health condition be supported by a certification issued by the health care provider of
the employee or of the family member, as appropriate. The
employee must provide, in a timely manner, a copy of the
certification to the employer.
49.78.270
[Title 49 RCW—page 96]
(2) Certification provided under subsection (1) of this
section is sufficient if it states:
(a) The date on which the serious health condition commenced;
(b) The probable duration of the condition;
(c) The appropriate medical facts within the knowledge
of the health care provider regarding the condition;
(d)(i) For purposes of leave for a family member’s serious health condition, a statement that the employee is needed
to care for the family member and an estimate of the amount
of time that such employee is needed to care for the family
member; and
(ii) For purposes of leave for the employee’s serious
health condition, a statement that the employee is unable to
perform the functions of the position of the employee;
(e) In the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treatment, the dates on which the treatment is expected to be given
and the duration of the treatment;
(f) In the case of certification for intermittent leave, or
leave on a reduced leave schedule, for the employee’s serious
health condition, a statement of the medical necessity for the
intermittent leave or leave on a reduced leave schedule, and
the expected duration of the intermittent leave or reduced
leave schedule; and
(g) In the case of certification for intermittent leave, or
leave on a reduced leave schedule, for a family member’s
serious health condition, a statement that the employee’s
intermittent leave or leave on a reduced leave schedule is necessary for the care of the family member who has a serious
health condition, or will assist in their recovery, and the
expected duration and schedule of the intermittent leave or
reduced leave schedule.
(3) If the employer has reason to doubt the validity of the
certification provided under subsection (1) of this section for
leave for a family member’s serious health condition or the
employee’s serious health condition, the employer may
require, at the expense of the employer, that the employee
obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (2) of this section for the
leave. The second health care provider may not be employed
on a regular basis by the employer.
(4) If the second opinion described in subsection (3) of
this section differs from the opinion in the original certification provided under subsection (1) of this section, the
employer may require, at the expense of the employer, that
the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the
employee concerning the information certified under subsection (2) of this section. The opinion of the third health care
provider concerning the information certified under subsection (2) of this section is considered to be final and is binding
on the employer and the employee.
(5) The employer may require that the employee obtain
subsequent recertifications on a reasonable basis. [2006 c 59
§ 8.]
49.78.280 Employment protection. (1)(a) Except as
provided in (b) of this subsection, any employee who takes
49.78.280
(2008 Ed.)
Family Leave
leave under RCW 49.78.220 for the intended purpose of the
leave is entitled, on return from the leave:
(i) To be restored by the employer to the position of
employment held by the employee when the leave commenced; or
(ii) To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of
the employee’s workplace when leave commenced.
(b) The taking of leave under RCW 49.78.220 may not
result in the loss of any employment benefits accrued before
the date on which the leave commenced.
(c) Nothing in this section entitles any restored employee
to:
(i) The accrual of any seniority or employment benefits
during any period of leave; or
(ii) Any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the
leave.
(d) As a condition of restoration under (a) of this subsection for an employee who has taken leave for the employee’s
serious health condition, the employer may have a uniformly
applied practice or policy that requires each such employee to
receive certification from the health care provider of the
employee that the employee is able to resume work, except
that nothing in this subsection (1)(d) supersedes a valid local
law or a collective bargaining agreement that governs the
return to work of such employees.
(e) Nothing in this subsection (1) prohibits an employer
from requiring an employee on leave to report periodically to
the employer on the status and intention of the employee to
return to work.
(2) An employer may deny restoration under subsection
(1) of this section to any salaried employee who is among the
highest paid ten percent of the employees employed by the
employer within seventy-five miles of the facility at which
the employee is employed if:
(a) Denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(b) The employer notifies the employee of the intent of
the employer to deny restoration on such basis at the time the
employer determines that the injury would occur; and
(c) The leave has commenced and the employee elects
not to return to employment after receiving the notice. [2006
c 59 § 9.]
49.78.290
49.78.290 Employment benefits. During any period of
leave taken under RCW 49.78.220, if the employee is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or
employer policy during any period of leave, an employer
shall allow the employee to continue, at the employee’s
expense, medical or dental insurance coverage, including any
spouse and dependent coverage, in accordance with state or
federal law. The premium to be paid by the employee shall
not exceed one hundred two percent of the applicable premium for the leave period. [2006 c 59 § 10.]
(2008 Ed.)
49.78.330
49.78.300 Prohibited acts. (1) It is unlawful for any
employer to:
(a) Interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right provided under this chapter; or
(b) Discharge or in any other manner discriminate
against any individual for opposing any practice made unlawful by this chapter.
(2) It is unlawful for any person to discharge or in any
other manner discriminate against any individual because the
individual has:
(a) Filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this chapter;
(b) Given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or
(c) Testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter.
[2006 c 59 § 11.]
49.78.300
49.78.310 Complaint investigations by director.
Upon complaint by an employee, the director shall investigate to determine if there has been compliance with this chapter and the rules adopted under this chapter. If the investigation indicates that a violation may have occurred, a hearing
must be held in accordance with chapter 34.05 RCW. The
director must issue a written determination including his or
her findings after the hearing. A judicial appeal from the
director’s determination may be taken in accordance with
chapter 34.05 RCW, with the prevailing party entitled to
recover reasonable costs and attorneys’ fees. [2006 c 59 §
12.]
49.78.310
49.78.320 Civil penalty. An employer who is found, in
accordance with RCW 49.78.310, to have violated a requirement of this chapter and the rules adopted under this chapter,
is subject to a civil penalty of not less than one thousand dollars for each violation. Civil penalties must be collected by
the department and deposited into the family and medical
leave enforcement account. [2006 c 59 § 13.]
49.78.320
49.78.330 Civil action by employees. (1) Any
employer who violates RCW 49.78.300 is liable:
(a) For damages equal to:
(i) The amount of:
(A) Any wages, salary, employment benefits, or other
compensation denied or lost to such employee by reason of
the violation; or
(B) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the
employee, any actual monetary losses sustained by the
employee as a direct result of the violation, such as the cost of
providing care, up to a sum equal to twelve weeks of wages
or salary for the employee;
(ii) The interest on the amount described in (a)(i) of this
subsection calculated at the prevailing rate; and
(iii) An additional amount as liquidated damages equal
to the sum of the amount described in (a)(i) of this subsection
and the interest described in (a)(ii) of this subsection, except
that if an employer who has violated RCW 49.78.300 proves
to the satisfaction of the court that the act or omission which
violated RCW 49.78.300 was in good faith and that the
49.78.330
[Title 49 RCW—page 97]
49.78.340
Title 49 RCW: Labor Regulations
employer had reasonable grounds for believing that the act or
omission was not a violation of RCW 49.78.300, the court
may, in the discretion of the court, reduce the amount of the
liability to the amount and interest determined under (a)(i)
and (ii) of this subsection, respectively; and
(b) For such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(2) An action to recover the damages or equitable relief
prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of:
(a) The employees; or
(b) The employees and other employees similarly situated.
(3) The court in such an action shall, in addition to any
judgment awarded to the plaintiff, allow reasonable attorneys’ fees, reasonable expert witness fees, and other costs of
the action to be paid by the defendant. [2006 c 59 § 14.]
49.78.340 Notice—Penalties. Each employer shall post
and keep posted, in conspicuous places on the premises of the
employer where notices to employees and applicants for
employment are customarily posted, a notice, to be prepared
or approved by the director, setting forth excerpts from, or
summaries of, the pertinent provisions of this chapter and
information pertaining to the filing of a charge. Any
employer that willfully violates this section may be subject to
a civil penalty of not more than one hundred dollars for each
separate offense. Any penalties collected by the department
under the [this] section shall be deposited into the family and
medical leave enforcement account. [2006 c 59 § 15.]
49.78.380 Encouragement of more generous leave
policies. Nothing in this chapter shall be construed to discourage employers from adopting or retaining leave policies
more generous than any policies that comply with the
requirements under this chapter. [2006 c 59 § 19.]
49.78.380
49.78.390 Relationship to federal family and medical
leave act. (1) Leave under this chapter and leave under the
federal family and medical leave act of 1993 (Act Feb. 5,
1993, P.L. 103-3, 107 Stat. 6) is in addition to any leave for
sickness or temporary disability because of pregnancy or
childbirth.
(2) Leave taken under this chapter must be taken concurrently with any leave taken under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat.
6). [2006 c 59 § 20.]
49.78.390
49.78.400 Rules. The director shall adopt rules as necessary to implement this chapter. [2006 c 59 § 21.]
49.78.400
49.78.340
49.78.350 Family and medical leave enforcement
account. The family and medical leave enforcement account
is created in the custody of the state treasurer. Any penalties
collected under RCW 49.78.320 or 49.78.340 shall be deposited into the account and shall be used only for the purposes
of administering and enforcing this chapter. Only the director or the director’s designee may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2006 c 59 § 16.]
49.78.350
49.78.360 Effect on other laws. Nothing in this chapter
shall be construed: (1) To modify or affect any state or local
law prohibiting discrimination on the basis of race, religion,
color, national origin, sex, age, or disability; or (2) to supersede any provision of any local law that provides greater family or medical leave rights than the rights established under
this chapter. [2006 c 59 § 17.]
49.78.410 Construction. This chapter must be construed to the extent possible in a manner that is consistent
with similar provisions, if any, of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat.
6), and that gives consideration to the rules, precedents, and
practices of the federal department of labor relevant to the
federal act. [2006 c 59 § 22.]
49.78.410
49.78.900 Severability—1989 1st ex.s. c 11. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1989 1st ex.s. c 11 § 25.]
49.78.900
49.78.901 Effective date—1989 1st ex.s. c 11. This act
shall take effect September 1, 1989. [1989 1st ex.s. c 11 §
27.]
49.78.901
49.78.902 Severability—2006 c 59. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 59 § 24.]
49.78.902
49.78.360
49.78.903 Captions not law—2006 c 59. Captions
used in this act are not any part of the law. [2006 c 59 § 25.]
49.78.903
Chapter 49.86
Chapter 49.86 RCW
FAMILY LEAVE INSURANCE
Sections
49.78.370 Effect on existing employment benefits.
Nothing in this chapter diminishes the obligation of an
employer to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to employees
than the rights established under this chapter. The rights
established for employees under this chapter may not be
diminished by any collective bargaining agreement or any
employment benefit program or plan. [2006 c 59 § 18.]
49.78.370
[Title 49 RCW—page 98]
49.86.005
49.86.010
49.86.020
49.86.030
49.86.040
49.86.050
49.86.060
49.86.070
49.86.080
49.86.090
49.86.100
Findings.
Definitions.
Family leave insurance program.
Eligibility for benefits.
Disqualification from benefits.
Duration of benefits—Payment of benefits.
Amount of benefits.
Federal income tax.
Erroneous payments—Payments induced by willful misrepresentation—Claim rejected after payments.
Leave and employment protection.
Employment by same employer.
(2008 Ed.)
Family Leave Insurance
49.86.110
49.86.120
49.86.130
49.86.140
49.86.150
49.86.160
49.86.170
49.86.180
49.86.190
49.86.200
49.86.210
49.86.900
49.86.901
49.86.902
Elective coverage.
Appeals.
Prohibited acts—Discrimination—Enforcement.
Coordination of leave.
Continuing entitlement or contractual rights—Not created.
Rules.
Family leave insurance account.
Family leave insurance account funds—Investment.
Initial program administration—Loans.
Authority to contract.
Reports.
Severability—2007 c 357.
Captions not law—2007 c 357.
Effective dates—2007 c 357.
49.86.005 Findings. The legislature finds that, although
family leave laws have assisted individuals to balance the
demands of the workplace with their family responsibilities,
more needs to be done to achieve the goals of parent and child
bonding, workforce stability, and economic security. In particular, the legislature finds that many individuals do not have
access to family leave laws, and those who do may not be in
a financial position to take family leave that is unpaid, and
that employer-paid benefits meet only a relatively small part
of this need. The legislature declares it to be in the public
interest to establish a program that: (1) Allows parents to
bond with a newborn or newly placed child; (2) provides limited and additional income support for a reasonable period
while an individual is away from work on family leave; (3)
reduces the impact on state income support programs by
increasing an individual’s ability to provide caregiving services for a child while maintaining an employment relationship; and (4) establishes a wage replacement benefit to be
coordinated with current existing state and federal family
leave laws. [2007 c 357 § 1.]
49.86.005
Joint legislative task force—2007 c 357: "(1)(a) The joint legislative
task force on family leave insurance is established, with thirteen members as
provided in this subsection.
(i) The chair and the ranking member of the senate labor, commerce,
research and development committee.
(ii) The chair and the ranking member of the house commerce and
labor committee.
(iii) The majority leader of the senate shall appoint one member from
each of the two largest caucuses of the senate.
(iv) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
(v) The majority leader of the senate and the speaker of the house of
representatives jointly shall appoint four nonlegislative members of the task
force, which shall include one member representing large business, one
member representing small business, one member representing labor, and
one member representing advocates for family leave.
(vi) The governor shall appoint one member of the task force.
(b) The department of labor and industries and the employment security department shall cooperate with the task force and shall each maintain a
liaison representative, who shall be a nonvoting member.
(c) The majority leader of the senate and the speaker of the house of
representatives jointly shall appoint the cochairs of the task force from
among the legislative members of the task force. The cochairs shall convene
the initial meeting of the task force. A steering committee consisting of the
legislative members of the task force shall advise the cochairs on the meetings and other activities of the task force.
(2) The task force shall study the establishment of a family leave insurance program including, but not limited to, the following:
(a) The manner in which the benefits and the administrative costs
should be financed;
(b) The manner in which the program should be implemented and
administered;
(c) Any government efficiencies that should be adopted to improve
program administration and reduce program costs; and
(d) The impacts, if any, of the family leave insurance program on the
unemployment compensation system, and options for mitigating such
impacts.
(2008 Ed.)
49.86.020
(3) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.
The task force may hire additional staff with specific technical expertise if
such expertise is necessary to carry out the mandates of this study, and only
if an appropriation is specifically provided for this purpose.
(4) Legislative members of the task force must be reimbursed for travel
expenses in accordance with RCW 44.04.120. Nonlegislative members,
except those representing an employer or organization, are entitled to be
reimbursed for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(5) The expenses of the task force must be paid jointly by the senate
and the house of representatives. Task force expenditures are subject to
approval by the senate facilities and operations committee and the house of
representatives executive rules committee, or their successor committees.
(6) The task force shall report its findings and recommendations, which
shall include recommendations as to the specific manner in which the benefits and the administrative costs should be financed as well as proposed legislation, to the legislature by January 1, 2008.
(7) This section expires July 1, 2009." [2007 c 357 § 2.]
49.86.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Application year" means the twelve-month period
beginning on the first day of the calendar week in which an
individual files an application for family leave insurance benefits and, thereafter, the twelve-month period beginning with
the first day of the calendar week in which the individual next
files an application for family leave insurance benefits after
the expiration of the individual’s last preceding application
year.
(2) "Calendar quarter" means the same as in RCW
50.04.050.
(3) "Child" means a biological or an adopted child.
(4) "Department" means the state agency to be directed
to administer the family leave insurance program.
(5) "Director" means the director of the department.
(6) "Employer" means: (a) The same as in RCW
50.04.080; and (b) the state and its political subdivisions.
(7) "Employment" has the meaning provided in RCW
50.04.100.
(8) "Family leave" means leave: (a) Because of the birth
of a child of the employee and in order to care for the child;
or (b) because of the placement of a child with the employee
for adoption.
(9) "Family leave insurance benefits" means the benefits
payable under RCW 49.86.050 and 49.86.060.
(10) "Federal family and medical leave act" means the
federal family and medical leave act of 1993 (Act Feb. 5,
1993, P.L. 103-3, 107 Stat. 6).
(11) "Qualifying year" means the first four of the last
five completed calendar quarters or the last four completed
calendar quarters immediately preceding the first day of the
individual’s application year.
(12) "Regularly working" means the average number of
hours per workweek that an individual worked in the two
quarters of the individual’s qualifying year in which total
wages were highest. [2007 c 357 § 3.]
49.86.010
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.020 Family leave insurance program. (1) The
department shall establish and administer a family leave
49.86.020
[Title 49 RCW—page 99]
49.86.030
Title 49 RCW: Labor Regulations
insurance program and pay family leave insurance benefits as
specified in this chapter.
(2) The department shall establish procedures and forms
for filing claims for benefits under this chapter. The department shall notify the employer within five business days of a
claim being filed under RCW 49.86.030.
(3) The department shall use information sharing and
integration technology to facilitate the disclosure of relevant
information or records by the employment security department, so long as an individual consents to the disclosure as
required under RCW 49.86.030(4).
(4) Information contained in the files and records pertaining to an individual under this chapter are confidential
and not open to public inspection, other than to public
employees in the performance of their official duties. However, the individual or an authorized representative of an individual may review the records or receive specific information
from the records on the presentation of the signed authorization of the individual. An employer or the employer’s duly
authorized representative may review the records of an individual employed by the employer in connection with a pending claim. At the department’s discretion, other persons may
review records when such persons are rendering assistance to
the department at any stage of the proceedings on any matter
pertaining to the administration of this chapter.
(5) The department shall develop and implement an outreach program to ensure that individuals who may be eligible
to receive family leave insurance benefits under this chapter
are made aware of these benefits. Outreach information shall
explain, in an easy to understand format, eligibility requirements, the claims process, weekly benefit amounts, maximum benefits payable, notice requirements, reinstatement
and nondiscrimination rights, confidentiality, and coordination of leave under this chapter and other laws, collective bargaining agreements, and employer policies. Outreach information shall be available in English and other primary languages as defined in RCW 74.04.025. [2007 c 357 § 4.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.030 Eligibility for benefits. Beginning October
1, 2009, family leave insurance benefits are payable to an
individual during a period in which the individual is unable to
perform his or her regular or customary work because he or
she is on family leave if the individual:
(1) Files a claim for benefits in each week in which the
individual is on family leave, and as required by rules
adopted by the director;
(2) Has been employed for at least six hundred eighty
hours in employment during the individual’s qualifying year;
(3) Establishes an application year. An application year
may not be established if the qualifying year includes hours
worked before establishment of a previous application year;
(4) Consents to the disclosure of information or records
deemed private and confidential under chapter 50.13 RCW.
Initial disclosure of this information and these records by the
employment security department to the department is solely
for purposes related to the administration of this chapter.
Further disclosure of this information or these records is subject to RCW 49.86.020(3);
49.86.030
[Title 49 RCW—page 100]
(5) Discloses whether or not he or she owes child support
obligations as defined in RCW 50.40.050; and
(6) Documents that he or she has provided the employer
from whom family leave is to be taken with written notice of
the individual’s intention to take family leave in the same
manner as an employee is required to provide notice in RCW
49.78.250. [2007 c 357 § 5.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.040 Disqualification from benefits. An individual is disqualified from family leave insurance benefits
beginning with the first day of the calendar week, and continuing for the next fifty-two consecutive weeks, in which the
individual willfully made a false statement or misrepresentation regarding a material fact, or willfully failed to report a
material fact, to obtain benefits under this chapter. [2007 c
357 § 6.]
49.86.040
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.050 Duration of benefits—Payment of benefits.
(1) The maximum number of weeks during which family
leave insurance benefits are payable in an application year is
five weeks. However, benefits are not payable during a waiting period consisting of the first seven calendar days of family leave taken in an application year, whether the first seven
calendar days of family leave are employer paid or unpaid.
(2)(a) The first payment of benefits must be made to an
individual within two weeks after the claim is filed or the
family leave began, whichever is later, and subsequent payments must be made semimonthly thereafter.
(b) The payment of benefits under this chapter shall not
be considered a binding determination of the obligations of
the department under this chapter. The acceptance of compensation by the individual shall likewise not be considered a
binding determination of his or her rights under this chapter.
Whenever any payment of benefits under this chapter has
been made and timely appeal therefrom has been made where
the final decision is that the payment was improper, the individual shall repay it and recoupment may be made from any
future payment due to the individual on any claim under this
chapter. The director may exercise his or her discretion to
waive, in whole or in part, the amount of any such payments
where the recovery would be against equity and good conscience.
(c) If an individual dies before he or she receives a payment of benefits, the payment shall be made by the department and distributed consistent with the terms of the decedent’s will or, if the decedent dies intestate, consistent with
the terms of RCW 11.04.015. [2007 c 357 § 7.]
49.86.050
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.060 Amount of benefits. The amount of family
leave insurance benefits shall be determined as follows:
(1) The weekly benefit shall be two hundred fifty dollars
per week for an individual who at the time of beginning family leave was regularly working thirty-five hours or more per
week.
49.86.060
(2008 Ed.)
Family Leave Insurance
(2) If an individual who at the time of beginning family
leave was regularly working thirty-five hours or more per
week is on family leave for less than thirty-five hours but at
least eight hours in a week, the individual’s weekly benefit
shall be .025 times the maximum weekly benefit times the
number of hours of family leave taken in the week. Benefits
are not payable for less than eight hours of family leave taken
in a week.
(3) For an individual who at the time of beginning family
leave was regularly working less than thirty-five hours per
week, the department shall calculate a prorated schedule for a
weekly benefit amount and a minimum number of hours of
family leave that must be taken in a week for benefits to be
payable, with the prorated schedule based on the amounts and
the calculations specified under subsections (1) and (2) of
this section.
(4) If an individual discloses that he or she owes child
support obligations under RCW 49.86.030 and the department determines that the individual is eligible for benefits,
the department shall notify the applicable state or local child
support enforcement agency and deduct and withhold an
amount from benefits in a manner consistent with RCW
50.40.050.
(5) If the internal revenue service determines that family
leave insurance benefits under this chapter are subject to federal income tax and an individual elects to have federal
income tax deducted and withheld from benefits, the department shall deduct and withhold the amount specified in the
federal internal revenue code in a manner consistent with
RCW 49.86.070. [2007 c 357 § 8.]
49.86.110
ously or as a result of willful misrepresentation, or if a claim
for family leave benefits is rejected after benefits are paid,
RCW 51.32.240 shall apply, except that appeals are governed
by RCW 49.86.120, penalties are paid into the family leave
insurance account, and the department shall seek repayment
of benefits from the recipient. [2007 c 357 § 10.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.090 Leave and employment protection. (1)
During a period in which an individual receives family leave
insurance benefits or earns waiting period credits under this
chapter, the individual is entitled to family leave and, at the
established ending date of leave, to be restored to a position
of employment with the employer from whom leave was
taken.
(2) The individual entitled to leave under this section
shall be restored to a position of employment in the same
manner as an employee entitled to leave under chapter 49.78
RCW is restored to a position of employment, as specified in
RCW 49.78.280.
(3) This section applies only to an individual if:
(a) The employer from whom the individual takes family
leave employs more than twenty-five employees; and
(b) The individual has been employed for at least twelve
months by that employer, and for at least one thousand two
hundred fifty hours of service with that employer during the
previous twelve-month period.
(4) This section shall be enforced as provided in chapter
49.78 RCW. [2007 c 357 § 11.]
49.86.090
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.070 Federal income tax. (1) If the internal revenue service determines that family leave insurance benefits
under this chapter are subject to federal income tax, the
department must advise an individual filing a new claim for
family leave insurance benefits, at the time of filing such
claim, that:
(a) The internal revenue service has determined that benefits are subject to federal income tax;
(b) Requirements exist pertaining to estimated tax payments;
(c) The individual may elect to have federal income tax
deducted and withheld from the individual’s payment of benefits at the amount specified in the federal internal revenue
code; and
(d) The individual is permitted to change a previously
elected withholding status.
(2) Amounts deducted and withheld from benefits must
remain in the family leave insurance account until transferred
to the federal taxing authority as a payment of income tax.
(3) The director shall follow all procedures specified by
the federal internal revenue service pertaining to the deducting and withholding of income tax. [2007 c 357 § 9.]
49.86.100 Employment by same employer. If spouses
or people involved in a legal relationship established under
chapter 26.60 RCW who are entitled to leave under this chapter are employed by the same employer, the employer may
require that spouses or people involved in such a relationship
governed by Title 26 RCW not take such leave concurrently.
[2007 c 357 § 12.]
49.86.070
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.080 Erroneous payments—Payments induced
by willful misrepresentation—Claim rejected after payments. If family leave insurance benefits are paid errone49.86.080
(2008 Ed.)
49.86.100
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.110 Elective coverage. (1) An employer of individuals not covered by this chapter or a self-employed person, including a sole proprietor, partner, or joint venturer,
may elect coverage under this chapter for all individuals in its
employ for an initial period of not less than three years or a
subsequent period of not less than one year immediately following another period of coverage. The employer or selfemployed person must file a notice of election in writing with
the director, as required by the department. The election
becomes effective on the date of filing the notice.
(2) An employer or self-employed person who has
elected coverage may withdraw from coverage within thirty
days after the end of the three-year period of coverage, or at
such other times as the director may prescribe by rule, by filing written notice with the director, such withdrawal to take
effect not sooner than thirty days after filing the notice.
Within five days of filing written notice of the withdrawal
with the director, an employer must provide written notice of
49.86.110
[Title 49 RCW—page 101]
49.86.120
Title 49 RCW: Labor Regulations
the withdrawal to all individuals in the employer’s employ.
[2007 c 357 § 13.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.120 Appeals. (1) A person aggrieved by a decision of the department under this chapter must file a notice of
appeal with the director, by mail or personally, within thirty
days after the date on which a copy of the department’s decision was communicated to the person. Upon receipt of the
notice of appeal, the director shall request the assignment of
an administrative law judge in accordance with chapter 34.05
RCW to conduct a hearing and issue a proposed decision and
order. The hearing shall be conducted in accordance with
chapter 34.05 RCW.
(2) The administrative law judge’s proposed decision
and order shall be final and not subject to further appeal
unless, within thirty days after the decision is communicated
to the interested parties, a party petitions for review by the
director. If the director’s review is timely requested, the
director may order additional evidence by the administrative
law judge. On the basis of the evidence before the administrative law judge and such additional evidence as the director
may order to be taken, the director shall render a decision
affirming, modifying, or setting aside the administrative law
judge’s decision. The director’s decision becomes final and
not subject to further appeal unless, within thirty days after
the decision is communicated to the interested parties, a party
files a petition for judicial review as provided in chapter
34.05 RCW. The director is a party to any judicial action
involving the director’s decision and shall be represented in
the action by the attorney general.
(3) If, upon administrative or judicial review, the final
decision of the department is reversed or modified, the
administrative law judge or the court in its discretion may
award reasonable attorneys’ fees and costs to the prevailing
party. Attorneys’ fees and costs owed by the department, if
any, are payable from the family leave insurance account.
[2007 c 357 § 14.]
49.86.120
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.130 Prohibited acts—Discrimination—
Enforcement. An employer, temporary help company,
employment agency, employee organization, or other person
may not discharge, expel, or otherwise discriminate against a
person because he or she has filed or communicated to the
employer an intent to file a claim, a complaint, or an appeal,
or has testified or is about to testify or has assisted in any proceeding, under this chapter, at any time, including during the
waiting period described in RCW 49.86.050 and the period in
which the person receives family leave insurance benefits
under this chapter. This section shall be enforced as provided
in RCW 51.48.025. [2007 c 357 § 15.]
49.86.130
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.140 Coordination of leave. (1)(a) Leave taken
under this chapter must be taken concurrently with any leave
taken under the federal family and medical leave act of 1993
49.86.140
[Title 49 RCW—page 102]
(Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) or under chapter
49.78 RCW.
(b) An employer may require that leave taken under this
chapter be taken concurrently or otherwise coordinated with
leave allowed under the terms of a collective bargaining
agreement or employer policy, as applicable, for the birth or
placement of a child. The employer must give individuals in
its employ written notice of this requirement.
(2)(a) This chapter does not diminish an employer’s obligation to comply with a collective bargaining agreement or
employer policy, as applicable, that provides greater leave for
the birth or placement of a child.
(b) An individual’s right to leave under this chapter may
not be diminished by a collective bargaining agreement
entered into or renewed or an employer policy adopted or
retained after July 1, 2008. Any agreement by an individual
to waive his or her rights under this chapter is void as against
public policy. [2007 c 357 § 16.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.150 Continuing entitlement or contractual
rights—Not created. This chapter does not create a continuing entitlement or contractual right. The legislature reserves
the right to amend or repeal all or part of this chapter at any
time, and a benefit or other right granted under this chapter
exists subject to the legislature’s power to amend or repeal
this chapter. There is no vested private right of any kind
against such amendment or repeal. [2007 c 357 § 17.]
49.86.150
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.160 Rules. The director may adopt rules as necessary to implement this chapter. In adopting rules, the director shall maintain consistency with the rules adopted to
implement the federal family and medical leave act, and
chapter 49.78 RCW, to the extent such rules are not in conflict with this chapter. [2007 c 357 § 18.]
49.86.160
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.170 Family leave insurance account. The family leave insurance account is created in the custody of the
state treasurer. Expenditures from the account may be used
only for the purposes of the family leave insurance program.
Only the director of the department of labor and industries or
the director’s designee may authorize expenditures from the
account. The account is subject to the allotment procedures
under chapter 43.88 RCW. An appropriation is required for
administrative expenses, but not for benefit payments. [2007
c 357 § 19.]
49.86.170
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.180 Family leave insurance account funds—
Investment. Whenever, in the judgment of the state investment board, there shall be in the family leave insurance
account funds in excess of that amount deemed by the state
investment board to be sufficient to meet the current expenditures properly payable therefrom, the state investment board
shall have full power to invest, reinvest, manage, contract, or
49.86.180
(2008 Ed.)
Family Leave Insurance
49.86.902
sell or exchange investments acquired with such excess funds
in the manner prescribed by RCW 43.84.150, and not otherwise. [2007 c 357 § 20.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.190
49.86.190 Initial program administration—Loans.
(Expires October 1, 2011.) If necessary to ensure that money
is available in the family leave insurance account for the initial administration of the family leave insurance program, the
director of labor and industries may, from time to time before
July 1, 2009, lend funds from the supplemental pension fund
to the family leave insurance account. These loaned funds
may be expended solely for the initial administration of the
program under this chapter. The director of labor and industries shall repay the supplemental pension fund, plus its proportionate share of earnings from investment of moneys in
the supplemental pension fund during the loan period, from
the family leave insurance account within two years of the
date of the loan. This section expires October 1, 2011. [2007
c 357 § 22.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.200
49.86.200 Authority to contract. (Expires October 1,
2011.) (1) The department of labor and industries may contract or enter into interagency agreements with other state
agencies for the initial administration of the family leave
insurance program.
(2) This section expires October 1, 2011. [2007 c 357 §
24.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.210
49.86.210 Reports. Beginning September 1, 2010, the
department shall report to the legislature by September 1st of
each year on projected and actual program participation, premium rates, fund balances, and outreach efforts. [2007 c 357
§ 26.]
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
49.86.900
49.86.900 Severability—2007 c 357. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 357 § 27.]
49.86.901
49.86.901 Captions not law—2007 c 357. Captions
used in this act are not any part of the law. [2007 c 357 § 28.]
49.86.902
49.86.902 Effective dates—2007 c 357. (1) Sections 3
through 18 and 26 of this act take effect July 1, 2008.
(2) Sections 2 and 19 through 25 of this act are necessary
for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and take effect immediately [May 8,
2007]. [2007 c 357 § 30.]
(2008 Ed.)
[Title 49 RCW—page 103]
Title 50
UNEMPLOYMENT COMPENSATION
Title 50
Chapters
50.01
50.04
50.06
50.08
50.12
50.13
50.16
50.20
50.22
50.24
50.29
50.32
50.36
50.38
50.40
50.44
50.50
50.60
50.62
50.65
50.70
50.72
50.98
General provisions.
Definitions.
Temporary total disability.
Establishment of department.
Administration.
Records and information—Privacy and
confidentiality.
Funds.
Benefits and claims.
Extended and additional benefits.
Contributions by employers.
Employer experience rating.
Review, hearings, and appeals.
Penalties.
Labor market information and economic
analysis.
Miscellaneous provisions.
Special coverage provisions.
Indian tribes.
Shared work compensation plans—Benefits.
Special employment assistance.
Washington service corps.
Programs for dislocated forest products
workers.
Youthbuild program.
Construction.
Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty: RCW 49.44.100.
Displaced homemaker act: Chapter 28B.04 RCW.
Industrial insurance: Title 51 RCW.
Job skills training program: RCW 28C.04.400 through 28C.04.420.
Unfair practices of employment agencies: RCW 49.60.200.
Chapter 50.01
Chapter 50.01 RCW
GENERAL PROVISIONS
Sections
50.01.005
50.01.010
Short title.
Preamble.
50.01.005 Short title. This title shall be known and
may be cited as the "Employment Security Act." [1953 ex.s.
c 8 § 24; 1945 c 35 § 1; Rem. Supp. 1945 § 9998-140.]
50.01.005
ing the risks, and by the systematic accumulation of funds
during periods of employment to provide benefits for periods
of unemployment, thus maintaining purchasing powers and
limiting the serious social consequences of relief assistance.
The state of Washington, therefore, exercising herein its
police and sovereign power endeavors by this title to remedy
any widespread unemployment situation which may occur
and to set up safeguards to prevent its recurrence in the years
to come. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of
the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory
setting aside of unemployment reserves to be used for the
benefit of persons unemployed through no fault of their own,
and that this title shall be liberally construed for the purpose
of reducing involuntary unemployment and the suffering
caused thereby to the minimum. [2005 c 133 § 2; 2003 2nd
sp.s. c 4 § 1; 1945 c 35 § 2; Rem. Supp. 1945 § 9998-141.
Prior: 1937 c 162 § 2.]
Findings—Intent—Conflict with federal requirements—Effective
date—2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized—2005 c 133: "To establish additional capacity within the employment security department, the department
is authorized to add two full-time equivalent employees to develop economic
models for estimating the impacts of policy changes on the unemployment
insurance system and the unemployment trust fund." [2005 c 133 § 8.]
Conflict with federal requirements—2003 2nd sp.s. c 4: "If any part
of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and
the finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that are
a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [2003
2nd sp.s. c 4 § 36.]
Severability—2003 2nd sp.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 2nd sp.s. c 4 § 37.]
Effective date—2003 2nd sp.s. c 4: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 20, 2003]." [2003 2nd sp.s. c 4 § 39.]
Chapter 50.04
50.01.010 Preamble. Whereas, economic insecurity
due to unemployment is a serious menace to the health, morals and welfare of the people of this state; involuntary unemployment is, therefore, a subject of general interest and concern which requires appropriate action by the legislature to
prevent its spread and to lighten its burden which now so
often falls with crushing force upon the unemployed worker
and his family. Social security requires protection against
this greatest hazard of our economic life. This can be provided only by application of the insurance principle of shar50.01.010
(2008 Ed.)
Chapter 50.04 RCW
DEFINITIONS
Sections
50.04.020
50.04.030
50.04.040
50.04.050
50.04.060
50.04.065
50.04.070
50.04.072
Base year—Alternative base year.
Benefit year.
Benefits.
Calendar quarter.
Commissioner.
Common paymaster or pay agent.
Contributions.
Contributions—"Contributions" and "payments in lieu of contributions" as money payments and taxes due state.
[Title 50 RCW—page 1]
50.04.020
50.04.073
50.04.075
50.04.080
50.04.090
50.04.100
50.04.110
50.04.115
50.04.116
50.04.120
50.04.125
50.04.140
50.04.145
50.04.148
50.04.150
50.04.155
50.04.160
50.04.165
50.04.170
50.04.180
50.04.205
50.04.206
50.04.210
50.04.220
50.04.223
50.04.225
50.04.230
50.04.232
50.04.235
50.04.240
50.04.245
50.04.248
50.04.255
50.04.265
50.04.270
50.04.275
50.04.280
50.04.290
50.04.293
50.04.294
50.04.295
50.04.298
50.04.300
50.04.310
50.04.320
50.04.323
50.04.330
50.04.335
50.04.340
50.04.350
50.04.355
50.04.360
Title 50 RCW: Unemployment Compensation
Contributions—As including "payments in lieu of contributions"—Scope.
Dislocated worker.
Employer.
Employing unit.
Employment.
Employment—Situs of service.
Employment—Out-of-state service, election.
Employment—Out-of-state service, when included—"American employer" defined.
Employment—Localized service.
Employment—Foreign degree-granting institutions—
Employee services localized in country of domicile.
Employment—Exception tests.
Employment—Exclusions.
Employment—Services performed by musician or entertainer.
Employment—Agricultural labor.
Service performed in agricultural labor for farm operator or
crew leader.
Employment—Domestic service.
Employment—Corporate officers—Election of coverage.
Employment—Maritime service.
Family employment.
Services performed by aliens.
Employment—Nonresident alien.
Employment—Foreign governmental service.
Employment—Service covered by federal act.
Employment—Massage practitioner.
Employment—Barber and cosmetology services.
Employment—Services of insurance agent, broker, or solicitor, real estate broker or real estate salesman, and investment
company agent or solicitor.
Employment—Travel services.
Employment—Outside salesman paid by commission.
Employment—Newspaper delivery person.
Employment—Services performed for temporary services
agency, employee leasing agency, or services referral
agency.
Employment—Third-party payer.
Employment—Appraisal practitioner services.
Employment—Indian tribes.
Employment—Casual labor.
Employment—Small performing arts.
Employment—"Pay period" determination.
Employment office.
Misconduct.
Misconduct—Gross misconduct.
Payments in lieu of contributions.
Professional employer organizations—Coemployment—Covered employee.
State.
Unemployed individual—Individual not "unemployed"—Corporate officer.
Wages, remuneration.
Wages, remuneration—Government or private retirement pension plan payments—Effect upon eligibility—Reduction in
benefits.
Wages, remuneration—Retirement and disability payments
excepted.
Wages, remuneration—Stock transfers excepted.
Wages, remuneration—Death benefits excepted.
Wages, remuneration—Excepted payments.
Wages, remuneration—Average annual wage—Average
weekly wage—Average annual wage for contributions purposes.
Week.
"Application for initial determination" defined: RCW 50.20.140.
"Claim for benefits" defined: RCW 50.20.140.
"Claim for waiting period" defined: RCW 50.20.140.
50.04.020 Base year—Alternative base year. "Base
year" with respect to each individual, shall mean either the
first four of the last five completed calendar quarters or the
last four completed calendar quarters immediately preceding
the first day of the individual’s benefit year.
For the purposes of establishing a benefit year, the
department shall initially use the first four of the last five
completed calendar quarters as the base year. If a benefit year
is not established using the first four of the last five calendar
50.04.020
[Title 50 RCW—page 2]
quarters as the base year, the department shall use the last
four completed calendar quarters as the base year.
Computations using the last four completed calendar
quarters shall be based on available wage items processed as
of the close of business on the day preceding the date of
application. The department shall promptly contact employers to request assistance in obtaining wage information for
the last completed calendar quarter if it has not been reported
at the time of initial application. [1994 c 3 § 1; 1987 c 278 §
1; 1970 ex.s. c 2 § 1; 1945 c 35 § 3; Rem. Supp. 1945 § 9998142. Prior: 1943 c 127 § 13; 1939 c 214 § 19; 1937 c 162 §
19.]
Conflict with federal requirements—1994 c 3: "If any part of this act
is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1994 c 3 § 4.]
Severability—1994 c 3: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1994 c 3 § 5.]
Effective dates—1994 c 3: "(1) Section 1 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
April 3, 1994.
(2) Section 2 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect April 1, 1994.
(3) Section 3 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [February 26,
1994]." [1994 c 3 § 6.]
Effective date—1970 ex.s. c 2: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect April 5,
1970: PROVIDED, That sections 3 and 8 of this 1970 amendatory act shall
not take effect until January 1, 1971." [1970 ex.s. c 2 § 25.]
50.04.030
50.04.030 Benefit year. "Benefit year" with respect to
each individual, means the fifty-two consecutive week period
beginning with the first day of the calendar week in which the
individual files an application for an initial determination and
thereafter the fifty-two consecutive week period beginning
with the first day of the calendar week in which the individual
next files an application for an initial determination after the
expiration of the individual’s last preceding benefit year:
PROVIDED, HOWEVER, That the foregoing limitation
shall not be deemed to preclude the establishment of a new
benefit year under the laws of another state pursuant to any
agreement providing for the interstate combining of employment and wages and the interstate payment of benefits nor
shall this limitation be deemed to preclude the commissioner
from backdating an initial application at the request of the
claimant either for the convenience of the department of
employment security or for any other reason deemed by the
commissioner to be good cause.
An individual’s benefit year shall be extended to be fiftythree weeks when at the expiration of fifty-two weeks the
establishment of a new benefit year would result in the use of
(2008 Ed.)
Definitions
a quarter of wages in the new base year that had been
included in the individual’s prior base year.
No benefit year will be established unless it is determined that the individual earned wages in "employment" in
not less than six hundred eighty hours of the individual’s base
year: PROVIDED, HOWEVER, That a benefit year cannot
be established if the base year wages include wages earned
prior to the establishment of a prior benefit year unless the
individual worked and earned wages since the last separation
from employment immediately before the application for initial determination in the previous benefit year if the applicant
was an unemployed individual at the time of application, or
since the initial separation in the previous benefit year if the
applicant was not an unemployed individual at the time of filing an application for initial determination for the previous
benefit year, of not less than six times the weekly benefit
amount computed for the individual’s new benefit year.
If an individual’s prior benefit year was based on the last
four completed calendar quarters, a new benefit year shall not
be established until the new base year does not include any
hours used in the establishment of the prior benefit year.
If the wages of an individual are not based upon a fixed
duration of time or if the individual’s wages are paid at irregular intervals or in such manner as not to extend regularly
over the period of employment, the wages for any week shall
be determined in such manner as the commissioner may by
regulation prescribe. Such regulation shall, so far as possible,
secure results reasonably similar to those which would prevail if the individual were paid his or her wages at regular
intervals. [1991 c 117 § 1; 1990 c 245 § 1. Prior: 1987 c 278
§ 2; 1987 c 256 § 1; 1977 ex.s. c 33 § 1; 1973 c 73 § 1; 1970
ex.s. c 2 § 2; 1949 c 214 § 1; 1945 c 35 § 4; Rem. Supp. 1949
§ 9998-143; prior: 1943 c 127 § 13; 1939 c 214 § 19; 1937 c
162 § 19.]
Conflict with federal requirements—1991 c 117: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1991 c 117 § 5.]
Severability—1991 c 117: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 117 § 6.]
Effective dates—1991 c 117: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and sections 1 and 4 [of this act]
shall take effect July 1, 1991, and section 3 [of this act] shall take effect July
7, 1991, for new claims filed on or after July 7, 1991." [1991 c 117 § 7.]
Conflict with federal requirements—1990 c 245: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1990 c 245 § 11.]
Effective dates—1990 c 245: "(1) Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
(2008 Ed.)
50.04.070
effect immediately [March 28, 1990].
(2) Sections 2, 3, and 6 through 9 of this act shall take effect on July 1,
1990." [1990 c 245 § 12.]
Effective dates—Construction—1977 ex.s. c 33: "The provisions of
this 1977 amendatory act are necessary for the immediate preservation of the
public peace, health and safety, the support of the state government and its
existing public institutions and shall take effect ninety days after adjournment sine die of the 1977 Extraordinary Session (forty-fifth legislature) of
the Washington State Legislature: PROVIDED, That the first paragraph of
section 1 of this 1977 amendatory act shall take effect immediately and the
remaining portion of section 1 of this 1977 amendatory act and all of section
2 of this 1977 amendatory act shall take effect commencing with benefit
years beginning on and after October 1, 1978; section 7 of this 1977 amendatory act shall take effect commencing with benefit years beginning on and
after July 3, 1977." [1977 ex.s. c 33 § 11.]
Effective dates—1973 c 73: "Sections 7, 8, 10, 11, and 12 of this 1973
amendatory act are necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately [March 8, 1973]. Sections 1, 2, 3, 4, 5, 6, and 9 of this 1973 amendatory act shall take effect on
July 1, 1973." [1973 c 73 § 13.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.04.040 Benefits. "Benefits" means the compensation payable to an individual, as provided in this title, with
respect to his unemployment. [1945 c 35 § 5; Rem. Supp.
1945 § 9998-144. Prior: 1943 c 127 § 13; 1941 c 253 § 14;
1939 c 219 § 19; 1937 c 162 § 19.]
50.04.040
50.04.050 Calendar quarter. "Calendar quarter"
means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December
31st. [1945 c 35 § 6; Rem. Supp. 1945 § 9998-145. Prior:
1943 c 127 § 13; 1939 c 214 § 19; 1937 c 162 § 19.]
50.04.050
50.04.060 Commissioner. "Commissioner" means the
administrative head of the state employment security department referred to in this title. [1947 c 215 § 1; 1945 c 35 § 7;
Rem. Supp. 1947 § 9998-146. Prior: 1943 c 127 § 13; 1941
c 253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
50.04.060
50.04.065 Common paymaster or pay agent. (1) For
purposes of this title, "common paymaster" or "common pay
agent" means an independent third party who contracts with,
and represents, two or more employers, and who files a combined tax report for those employers.
(2) Common paymaster combined tax reporting is prohibited. "Common paymaster" does not meet the definition
of a joint account under RCW 50.24.170.
(3) A common pay agent or common paymaster is not an
employer as defined in RCW 50.04.080 or an employing unit
as defined in RCW 50.04.090. [2007 c 146 § 16.]
50.04.065
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
50.04.070 Contributions. "Contributions" means the
money payments due to the state unemployment compensation fund as provided in RCW 50.24.010, to the federal interest payment fund under RCW 50.16.070, or to the special
account in the administrative contingency fund under RCW
50.24.014. [1985 ex.s. c 5 § 4; 1983 1st ex.s. c 13 § 9; 1971
c 3 § 1; 1951 c 215 § 1; 1945 c 35 § 8; Rem. Supp. 1945 §
9998-147. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c
214 § 19; 1937 c 162 § 19.]
50.04.070
[Title 50 RCW—page 3]
50.04.072
Title 50 RCW: Unemployment Compensation
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.072
50.04.072 Contributions—"Contributions" and
"payments in lieu of contributions" as money payments
and taxes due state. The terms "contributions" and "payments in lieu of contributions" used in this title, whether singular or plural, designate the money payments to be made to
the state unemployment compensation fund, to the federal
interest payment fund under RCW 50.16.070, or to the special account in the administrative contingency fund under
RCW 50.24.014 and are deemed to be taxes due to the state
of Washington. [1985 ex.s. c 5 § 5; 1983 1st ex.s. c 13 § 10;
1971 c 3 § 3; 1959 c 266 § 8.]
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Construction—1959 c 266: "The provisions of section 8 of this amendatory act shall be construed as a restatement and continuation of existing
law, and not as a new enactment. It shall not be construed as affecting any
existing right acquired under its provisions nor as affecting any proceeding
instituted thereunder." [1959 c 266 § 9.]
50.04.073
50.04.073 Contributions—As including "payments
in lieu of contributions"—Scope. The term "contributions"
as used in this title shall be deemed to include "payments in
lieu of contributions" to the extent that such usage is consistent with the purposes of this title. Such construction shall
include but not be limited to those portions of this title dealing with assessments, interest, penalties, liens, collection procedures and remedies, administrative and judicial review, and
the imposition of administrative, civil and criminal sanctions.
[1983 1st ex.s. c 23 § 1; 1971 c 3 § 4.]
Conflict with federal requirements—1983 1st ex.s. c 23: "If any part
of this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the
conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal
funds by the state or the granting of federal unemployment tax credits to
employers in this state." [1983 1st ex.s. c 23 § 26.]
Effective dates—Construction—1983 1st ex.s. c 23: "(1) Sections 6,
8, 17, 18, 19, and 25 of this act are necessary for the immediate preservation
of the public peace, health, and safety, the support of the state government
and its existing institutions, and shall take effect as follows:
(a) Sections 17, 18, 19, and 25 of this act shall take effect on June 30,
1983;
(b) Sections 6 and 8 of this act shall take effect on July 3, 1983, and
shall be effective for benefit years commencing on or after that date.
(2) Sections 4 and 13 of this act shall take effect on October 1, 1983.
Sections 7, 11, and 12 of this act shall also take effect on October 1, 1983,
and shall be effective for all weeks of benefits paid on or after that date."
[1983 1st ex.s. c 23 § 27.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
[Title 50 RCW—page 4]
50.04.075 Dislocated worker. "Dislocated worker"
means any individual who:
(1) Has been terminated or received a notice of termination from employment;
(2) Is eligible for or has exhausted entitlement to unemployment compensation benefits; and
(3) Is unlikely to return to employment in the individual’s principal occupation or previous industry because of a
diminishing demand for their skills in that occupation or
industry. [1984 c 181 § 1.]
50.04.075
Dislocated worker’s eligibility for benefits: RCW 50.20.043.
50.04.080 Employer. (1) "Employer" means any individual or type of organization, including any partnership,
association, trust, estate, joint stock company, insurance
company, limited liability company, or corporation, whether
domestic or foreign, or the receiver, trustee in bankruptcy,
trustee, or the legal representative of a deceased person, having any person in employment or, having become an
employer, has not ceased to be an employer as provided in
this title.
(2) For the purposes of collection remedies available
under chapter 50.24 RCW, "employer," in the case of a corporation or limited liability company, includes persons found
personally liable for any unpaid contributions and interest
and penalties on those contributions under RCW 50.24.230.
(3) Except for corporations covered by chapters 50.44
and 50.50 RCW, "employer" does not include a corporation
when all personal services are performed only by bona fide
corporate officers, unless the corporation registers with the
department as required in RCW 50.12.070 and elects to provide coverage for its corporate officers under RCW
50.24.160. [2007 c 146 § 19; 1985 c 41 § 1; 1971 c 3 § 5;
1949 c 214 § 2; 1945 c 35 § 9; Rem. Supp. 1949 § 9998-148.
Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 19;
1937 c 162 § 19.]
50.04.080
Conflict with federal requirements—2007 c 146: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2007 c 146
§ 21.]
Severability—2007 c 146: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 146 § 22.]
Conflict with federal requirements—1985 c 41: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 41 § 2.]
Severability—1985 c 41: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 41 § 3.]
(2008 Ed.)
Definitions
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.090 Employing unit. (1) "Employing unit"
means any individual or any type of organization, including
any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic
or foreign, or the receiver, trustee in bankruptcy, trustee or
successor thereof, or the legal representative of a deceased
person, which has or subsequent to January 1, 1937, had in its
employ or in its "employment" one or more individuals performing services within this state. The state and its political
subdivisions shall be deemed employing units as to any transactions occurring on or after September 21, 1977, which
would render an employing unit liable for contributions,
interest, or penalties under RCW 50.24.130. "Employing
unit" includes Indian tribes as defined in RCW 50.50.010.
(2) Except for corporations covered by chapters 50.44
and 50.50 RCW, "employing unit" does not include a corporation when all personal services are performed only by bona
fide corporate officers, unless the corporation registers with
the department as required in RCW 50.12.070 and elects to
provide coverage for its corporate officers under RCW
50.24.160. [2007 c 146 § 20; 2001 1st sp.s. c 11 § 1; 1983 1st
ex.s. c 23 § 2; 1977 ex.s. c 73 § 1; 1947 c 215 § 2; 1945 c 35
§ 10; Rem. Supp. 1947 § 9998-149. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
50.04.090
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900 through
50.50.903.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.04.100 Employment. "Employment", subject only
to the other provisions of this title, means personal service, of
whatever nature, unlimited by the relationship of master and
servant as known to the common law or any other legal relationship, including service in interstate commerce, performed
for wages or under any contract calling for the performance
of personal services, written or oral, express or implied.
Except as provided by RCW 50.04.145, personal services performed for an employing unit by one or more contractors or subcontractors acting individually or as a partnership, which do not meet the provisions of RCW 50.04.140,
shall be considered employment of the employing unit:
PROVIDED, HOWEVER, That such contractor or subcontractor shall be an employer under the provisions of this title
in respect to personal services performed by individuals for
such contractor or subcontractor. [1982 1st ex.s. c 18 § 14;
1945 c 35 § 11; Rem. Supp. 1945 § 9998-150. Prior: 1943 c
127 § 13; 1941 c 253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
50.04.100
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.04.110 Employment—Situs of service. The term
"employment" shall include an individual’s entire service
performed within or without or both within and without this
state, if
(1) The service is localized in this state; or
50.04.110
(2008 Ed.)
50.04.116
(2) The service is not localized in any state, but some of
the service is performed in this state, and
(a) the base of operations, or if there is no base of operations, then the place from which such service is directed or
controlled is in this state; or
(b) the base of operations or place from which such service is directed or controlled is not in any state in which some
part of the service is performed, but the individual’s residence is in this state; or
(3) The service is performed within the United States, the
Virgin Islands or Canada, if
(a) such service is not covered under the unemployment
compensation law of any other state, the Virgin Islands or
Canada, and
(b) the place from which the service is directed or controlled is in this state. [1971 c 3 § 6; 1945 c 35 § 12; Rem.
Supp. 1945 § 9998-151. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 19; 1937 c 162 § 19.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.115 Employment—Out-of-state service, election. Services not covered under RCW 50.04.110 or
50.04.116 which are performed entirely without this state,
with respect to no part of which contributions, interest, or
penalties are required and paid under an unemployment compensation law of any other state or of the federal government,
shall be deemed to be employment subject to this title if the
individual performing such services is a resident of this state
and the commissioner approves the election of the employing
unit for whom such services are performed that the entire service of such individual shall be deemed to be employment
subject to this title. [1983 1st ex.s. c 23 § 3; 1971 c 3 § 8;
1945 c 35 § 13; Rem. Supp. 1945 § 9998-152. Prior: 1943 c
127 § 13; 1941 c 253 § 14; 1937 c 162 § 19. Formerly RCW
50.04.130.]
50.04.115
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.116 Employment—Out-of-state service, when
included—"American employer" defined. The term
"employment" shall include the service of an individual who
is a citizen of the United States, performed outside the United
States (except in Canada, and in the case of the Virgin Islands
after December 31, 1971 and prior to January 1 of the year
following the year in which the United States secretary of
labor approves the unemployment compensation law of the
Virgin Islands under section 3304(a) of the Internal Revenue
Code of 1954) in the employ of an American employer (other
than service which is deemed "employment" under the provisions of RCW 50.04.110 or 50.04.120 or the parallel provisions of another state’s law), if:
(1) The employer’s principal place of business in the
United States is located in this state; or
(2) The employer has no place of business in the United
States but:
(a) The employer is an individual who is a resident of
this state; or
50.04.116
[Title 50 RCW—page 5]
50.04.120
Title 50 RCW: Unemployment Compensation
(b) The employer is a corporation which is organized
under the laws of this state; or
(c) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is
greater than the number who are residents of any one other
state; or
(3) None of the criteria in subsections (1) and (2) of this
section is met but the employer has elected coverage in this
state, or the employer having failed to elect coverage in any
state, the individual has filed a claim for benefits, based on
such service, under the laws of this state.
(4) An "American employer", for the purposes of this
section, means a person who is:
(a) An individual who is a resident of the United States;
or
(b) A partnership if two-thirds or more of the partners are
residents of the United States; or
(c) A trust, if all of the trustees are residents of the United
States; or
(d) A corporation organized under the laws of the United
States or of any state. [1977 ex.s. c 292 § 1; 1971 c 3 § 7.]
Effective dates—1977 ex.s. c 292: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately: PROVIDED, That sections 6, 12, 14, 15, 16,
and 18 of this 1977 amendatory act shall take effect on January 1, 1978."
[1977 ex.s. c 292 § 28.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.120 Employment—Localized service. Service
shall be deemed to be localized within a state, if
(1) the service is performed entirely within the state; or
(2) the service is performed both within and without the
state, but the service performed without the state is incidental
to the individual’s service within the state; for example, is
temporary or transitory in nature or consists of isolated transactions. [1945 c 35 § 14; Rem. Supp. 1945 § 9998-153. Prior:
1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c
162 § 19.]
50.04.120
50.04.125 Employment—Foreign degree-granting
institutions—Employee services localized in country of
domicile. The services of employees of a foreign degreegranting institution who are nonimmigrant aliens under the
immigration laws of the United States, shall, for the purposes
of RCW 50.04.120, be considered to be localized or principally localized, in the country of domicile of the foreign
degree-granting institution as defined in RCW 28B.90.010 in
those instances where the income of those employees would
be exempt from taxation by virtue of the terms and provisions
of any treaty between the United States and the country of
domicile of the foreign degree-granting institution. However,
a foreign degree-granting institution is not precluded from
otherwise establishing that a nonimmigrant employee’s services are, for the purpose of such statutes, principally located
in its country of domicile. [1993 c 181 § 8.]
50.04.125
50.04.140 Employment—Exception tests. Services
performed by an individual for remuneration shall be deemed
50.04.140
[Title 50 RCW—page 6]
to be employment subject to this title unless and until it is
shown to the satisfaction of the commissioner that:
(1)(a) Such individual has been and will continue to be
free from control or direction over the performance of such
service, both under his or her contract of service and in fact;
and
(b) Such service is either outside the usual course of
business for which such service is performed, or that such
service is performed outside of all the places of business of
the enterprises for which such service is performed; and
(c) Such individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of
service.
(2) Or as a separate alternative, it shall not constitute
employment subject to this title if it is shown that:
(a) Such individual has been and will continue to be free
from control or direction over the performance of such service, both under his or her contract of service and in fact; and
(b) Such service is either outside the usual course of
business for which such service is performed, or that such
service is performed outside of all the places of business of
the enterprises for which such service is performed, or the
individual is responsible, both under the contract and in fact,
for the costs of the principal place of business from which the
service is performed; and
(c) Such individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of
service, or such individual has a principal place of business
for the work the individual is conducting that is eligible for a
business deduction for federal income tax purposes; and
(d) On the effective date of the contract of service, such
individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a
schedule of expenses with the internal revenue service for the
type of business the individual is conducting; and
(e) On the effective date of the contract of service, or
within a reasonable period after the effective date of the contract, such individual has established an account with the
department of revenue, and other state agencies as required
by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by
employers and businesses and has registered for and received
a unified business identifier number from the state of Washington; and
(f) On the effective date of the contract of service, such
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
which the individual is conducting. [1991 c 246 § 6; 1945 c
35 § 15; Rem. Supp. 1945 § 9998-154. Prior: 1943 c 127 §
13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
50.04.145
50.04.145 Employment—Exclusions. The term
"employment" shall not include services which require registration under chapter 18.27 RCW or licensing under chapter
19.28 RCW rendered by an individual when:
(2008 Ed.)
Definitions
(1) The individual has been and will continue to be free
from control or direction over the performance of the service,
both under the contract of service and in fact;
(2) The service is either outside the usual course of business for which the service is performed, or the service is performed outside of all the places of business of the enterprise
for which the service is performed, or the individual is
responsible, both under the contract and in fact, for the costs
of the principal place of business from which the service is
performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business,
of the same nature as that involved in the contract of service,
or the individual has a principal place of business for the
business the individual is conducting that is eligible for a
business deduction for federal income tax purposes, other
than that furnished by the employer for which the business
has contracted to furnish services;
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a
schedule of expenses with the internal revenue service for the
type of business the individual is conducting;
(5) On the effective date of the contract of service, or
within a reasonable period after the effective date of the contract, the individual has an active and valid certificate of registration with the department of revenue, and an active and
valid account with any other state agencies as required by the
particular case, for the business the individual is conducting
for the payment of all state taxes normally paid by employers
and businesses and has registered for and received a unified
business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
that the individual is conducting; and
(7) On the effective date of the contract of service, the
individual has a valid contractor registration pursuant to
chapter 18.27 RCW or an electrical contractor license pursuant to chapter 19.28 RCW. [2008 c 102 § 1; 1983 1st ex.s. c
23 § 25; 1982 1st ex.s. c 18 § 13.]
Conflict with federal requirements—Severability—2008 c 102: See
notes following RCW 51.08.070.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.04.148 Employment—Services performed by
musician or entertainer. (1) The term "employment" shall
not include services performed by a musician or entertainer
under a written contract with a purchaser of the services for a
specific engagement or engagements when such musician or
entertainer performs no other duties for the purchaser and is
not regularly and continuously employed by the purchaser.
The contract shall designate the leader of the music or entertainment group. A music or entertainment business or a
leader of a music or entertainment group shall be considered
an employer and not a purchaser of music or entertainment
services.
50.04.148
(2008 Ed.)
50.04.150
(2) Any musician or entertainer who performs for a
music or entertainment business or as a member of a music or
entertainment group is deemed an employee of the business
or group and the business or the leader of the group shall be
required to register as an employer with the department.
(3) Purchasers of services under subsection (1) of this
section shall not be subject to RCW 50.24.130 relating to a
principal’s liability for unpaid contributions if the services
are purchased from a business or group registered as an
employer with the department.
(4) The term "music or entertainment business" or
"group" as used in this section means an employer whose
principal business activity is music or entertainment. The
term does not include those entities who provide music or
entertainment for members or patrons incidental to their principal business activity, and does not include an individual
employing musicians or entertainers on a casual basis. [1985
c 47 § 1.]
Effective date—1985 c 47: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions and shall take effect July 1,
1985." [1985 c 47 § 2.]
50.04.150
50.04.150 Employment—Agricultural labor. Except
as otherwise provided in RCW 50.04.155, the term "employment" shall not include service performed in agricultural
labor by individuals who are enrolled as students and regularly attending classes, or are between two successive academic years or terms, at an elementary school, a secondary
school, or an institution of higher education as defined in
RCW 50.44.037 and in the case of corporate farms not covered under RCW 50.04.155, the provisions regarding family
employment in RCW 50.04.180 shall apply.
Agricultural labor is defined as services performed:
(1) On a farm, in the employ of any person, in connection
with the cultivation of the soil, or in connection with raising
or harvesting any agricultural or horticultural commodity,
including raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and furbearing animals and wild life, or in the employ of the owner or tenant or
other operator of a farm in connection with the operation,
management, conservation, improvement, or maintenance of
such farm and its tools and equipment; or
(2) In packing, packaging, grading, storing, or delivering
to storage, or to market or to a carrier for transportation to
market, any agricultural or horticultural commodity; but only
if such service is performed as an incident to ordinary farming operations. The exclusions from the term "employment"
provided in this paragraph shall not be deemed to be applicable with respect to commercial packing houses, commercial
storage establishments, commercial canning, commercial
freezing, or any other commercial processing or with respect
to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms or in connection with any agricultural
or horticultural commodity after its delivery to a terminal
market for distribution for consumption. [1989 c 380 § 78;
1977 ex.s. c 292 § 2; 1957 c 264 § 1; 1947 c 215 § 3; 1945 c
35 § 16; Rem. Supp. 1945 § 9998-155. Prior: 1943 c 127 §
13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
[Title 50 RCW—page 7]
50.04.155
Title 50 RCW: Unemployment Compensation
Effective date—1989 c 380 §§ 78-81: "Sections 78 through 81 of this
act shall take effect on January 1, 1990." [1989 c 380 § 91.]
equipment, or any other mechanized equipment which is provided by the crew leader. [1977 ex.s. c 292 § 3.]
Conflict with federal requirements—1989 c 380: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1989 c 380 § 89.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Severability—1989 c 380: See RCW 15.58.942.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.155 Service performed in agricultural labor
for farm operator or crew leader. (1) Service performed in
agricultural labor on and after January 1, 1978, for a farm
operator or crew leader will be deemed services in employment if the farm operator or crew leader:
(a) Paid twenty thousand dollars or more as remuneration to individuals employed in agricultural labor during any
calendar quarter in the current or preceding calendar year; or
(b) Employed ten or more individuals in agricultural
labor for some portion of the day in each of twenty different
calendar weeks in either the current or preceding calendar
year regardless of whether they were employed at the same
moment of time or whether or not the weeks were consecutive.
(2) A farm operator is the owner or tenant of the farmlands who stands to gain or lose economically from the operations of the farm. Employment will be considered employment by the farm operator unless it is established to the satisfaction of the commissioner that the services were performed
in the employ of a crew leader. The risk of nonpersuasion is
upon the farm operator. The operator will nonetheless be liable for contributions under RCW 50.24.130 even though services performed on the operator’s farmlands would not be
sufficient to bring the services under the term employment if
services performed on the operator’s land in the employ of a
crew leader would be covered and the crew leader has failed
to pay contributions on the services. For the purposes of the
preceding sentence and RCW 50.24.130, all moneys paid or
payable to the crew leader by the farm operator shall be
deemed paid for services unless there is a written contract
clearly specifying the amounts of money to be attributed to
items other than services of the crew leader or the crew
leader’s employees.
(3) For the purposes of this section, a crew leader is a
person who furnishes individuals to perform services in agricultural labor for the benefit of any other person, who pays
for the services performed in agricultural labor (either on his
or her own behalf or on behalf of the other person), and who
has not made a written agreement making himself or herself
an employee of the other person: PROVIDED, That no person shall be deemed a crew leader unless he or she is established independently of the person for whom the services are
performed and either has a valid certificate of registration
under the farm labor contractor registration act of 1963 or
substantially all the members of his or her crew operate or
maintain tractors, mechanized harvesting or crop dusting
50.04.155
[Title 50 RCW—page 8]
50.04.160 Employment—Domestic service. Services
performed in domestic service in a private home, local college club, or local chapter of a college fraternity or sorority
shall not be considered services in employment unless the
services are performed after December 31, 1977, for a person
who paid remuneration of one thousand dollars or more to
individuals employed in this domestic service in any calendar
quarter in the current or the preceding calendar year. The
terms local college club and local chapter of a college fraternity or sorority shall not be deemed to include alumni clubs
or chapters. [1977 ex.s. c 292 § 4; 1947 c 215 § 4; 1945 c 35
§ 17; Rem. Supp. 1947 § 9998-156. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.160
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.165 Employment—Corporate officers—Election of coverage. (Effective until January 1, 2009.) Services performed by a person appointed as an officer of a corporation under RCW 23B.08.400, other than those covered
by chapter 50.44 RCW, shall not be considered services in
employment. However, a corporation may elect to cover not
less than all of its corporate officers under RCW 50.24.160. If
an employer does not elect to cover its corporate officers
under RCW 50.24.160, the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. If the employer fails to notify any corporate
officer, then that person shall not be considered to be a corporate officer for the purposes of this section. [1993 c 290 § 2;
1993 c 58 § 1; 1991 c 72 § 57; 1986 c 110 § 1; 1983 1st ex.s.
c 23 § 4; 1981 c 35 § 13.]
50.04.165
Conflict with federal requirements—1993 c 58: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 58 § 4.]
Severability—1993 c 58: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 58 § 5.]
Effective date—1993 c 58: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 6,
1993." [1993 c 58 § 6.] 1993 c 58 was signed by the governor on April 19,
1993.
Conflict with federal requirements—1986 c 110: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1986 c 110 § 2.]
(2008 Ed.)
Definitions
Severability—1986 c 110: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 110 § 3.]
Effective date—1986 c 110: "This act shall take effect July 1, 1986."
[1986 c 110 § 4.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—1981 c 35: See note following RCW 50.22.030.
50.04.165 Employment—Corporate officers—Election of coverage—Notification—Reinstatement of coverage. (Effective January 1, 2009.) (1)(a) Services performed
by a person appointed as an officer of a corporation under
RCW 23B.08.400 are considered services in employment.
However, a corporation, other than those covered by chapters
50.44 and 50.50 RCW, may elect to exempt from coverage
under this title as provided in subsection (2) of this section,
any bona fide officer of a public company as defined in RCW
23B.01.400 who:
(i) Is voluntarily elected or voluntarily appointed in
accordance with the articles of incorporation or bylaws of the
corporation;
(ii) Is a shareholder of the corporation;
(iii) Exercises substantial control in the daily management of the corporation; and
(iv) Whose primary responsibilities do not include the
performance of manual labor.
(b) A corporation, other than those covered by chapters
50.44 and 50.50 RCW, that is not a public company as
defined in RCW 23B.01.400 may exempt from coverage
under this title as provided in subsection (2) of this section:
(i) Eight or fewer bona fide officers who: Voluntarily
agree to be exempted from coverage; are voluntarily elected
or voluntarily appointed in accordance with the articles of
incorporation or bylaws of the corporation; and who exercise
substantial control in the daily management of the corporation, from coverage under this title without regard to the
officers’ performance of manual labor if the exempted officer
is a shareholder of the corporation; and
(ii) Any number of officers if all the exempted officers
are related by blood within the third degree or marriage.
(c) Determinations with respect to the status of persons
performing services for a corporation must be made, in part,
by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws.
For the purpose of determining coverage under this title, substance controls over form, and mandatory coverage under this
title extends to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.
(2)(a) The corporation must notify the department when
it elects to exempt one or more corporate officers from coverage. The notice must be in a format prescribed by the department and signed by the officer or officers being exempted
and by another corporate officer verifying the decision to be
exempt from coverage.
(b) The election to exempt one or more corporate officers from coverage under this title may be made when the corporation registers as required under RCW 50.12.070. The
corporation may also elect exemption at any time following
registration; however, an exemption will be effective only as
of the first day of a calendar year. A written notice from the
50.04.165
(2008 Ed.)
50.04.165
corporation must be sent to the department by January 15th
following the end of the last calendar year of coverage.
Exemption from coverage will not be retroactive, and the corporation is not eligible for a refund or credit for contributions
paid for corporate officers for periods before the effective
date of the exemption.
(3) A corporation may elect to reinstate coverage for one
or more officers previously exempted under this section, subject to the following:
(a) Coverage may be reinstated only at set intervals of
five years beginning with the calendar year that begins five
years after January 1, 2009.
(b) Coverage may only be reinstated effective the first
day of the calendar year. A written notice from the corporation must be sent to the department by January 15th following
the end of the last calendar year the exemption from coverage
will apply.
(c) Coverage will not be reinstated if the corporation:
Has committed fraud related to the payment of contributions
within the previous five years; is delinquent in the payment of
contributions; or is assigned the array calculation factor rate
for nonqualified employers because of a failure to pay contributions when due as provided in RCW 50.29.025, or for
related reasons as determined by the commissioner.
(d) Coverage will not be reinstated retroactively.
(4) Except for corporations covered by chapters 50.44
and 50.50 RCW, personal services performed by bona fide
corporate officers for corporations described under RCW
50.04.080(3) and 50.04.090(2) are not considered services in
employment, unless the corporation registers with the department as required in RCW 50.12.070 and elects to provide
coverage for its corporate officers under RCW 50.24.160.
[2007 c 146 § 4; 1993 c 290 § 2; 1993 c 58 § 1; 1991 c 72 §
57; 1986 c 110 § 1; 1983 1st ex.s. c 23 § 4; 1981 c 35 § 13.]
Effective date—2007 c 146 § 4: "Section 4 of this act takes effect January 1, 2009." [2007 c 146 § 24.]
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—1993 c 58: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 58 § 4.]
Severability—1993 c 58: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 58 § 5.]
Effective date—1993 c 58: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 6,
1993." [1993 c 58 § 6.] 1993 c 58 was signed by the governor on April 19,
1993.
Conflict with federal requirements—1986 c 110: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
[Title 50 RCW—page 9]
50.04.170
Title 50 RCW: Unemployment Compensation
state or the granting of federal unemployment tax credits to employers in this
state." [1986 c 110 § 2.]
Severability—1986 c 110: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 110 § 3.]
Effective date—1986 c 110: "This act shall take effect July 1, 1986."
[1986 c 110 § 4.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—1981 c 35: See note following RCW 50.22.030.
50.04.170 Employment—Maritime service. The term
"employment" shall include an individual’s entire service as
an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at
the beginning of the pay period an operating office from
which the operations of the vessel are ordinarily and regularly supervised, managed, directed and controlled. The term
"employment" shall not include services performed as an
officer or member of the crew of a vessel not an American
vessel and services on or in connection with an American
vessel under a contract of service which is not entered into
within the United States and during the performance of which
the vessel does not touch at a port of the United States.
"American vessel", means any vessel documented or
numbered under the laws of the United States; and includes
any vessel which is neither documented or numbered under
the laws of the United States nor documented under the laws
of any foreign country if its crew is employed solely by one
or more citizens or residents of the United States or corporations organized under the laws of the United States or of any
state. [1949 c 214 § 3; 1947 c 215 § 5; 1945 c 35 § 18; Rem.
Supp. 1949 § 9998-157. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.170
50.04.180 Family employment. The term "employment" shall not include service performed by an individual in
the employ of his or her spouse, nor shall it include service
performed by an unmarried individual under the age of eighteen years in the employ of his or her parent or step-parent.
[1973 c 73 § 2; 1951 c 265 § 6; 1945 c 35 § 19; Rem. Supp.
1945 § 9998-158. Prior: 1943 c 127 § 13; 1941 c 253 § 14;
1939 c 214 § 16; 1937 c 162 § 19.]
50.04.180
formed by a nonresident alien for the period he or she is temporarily present in the United States as a nonimmigrant under
subparagraph (F), (H)(ii), (H)(iii), or (J) of section 101(a)(15)
of the federal immigration and naturalization act, as
amended, and that is performed to carry out the purpose specified in the applicable subparagraph of the federal immigration and naturalization act. [2006 c 13 § 22. Prior: 2003 2nd
sp.s. c 4 § 27; 1990 c 245 § 3.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
50.04.210 Employment—Foreign governmental service. The term "employment" shall not include service performed in the employ of any other state or its political subdivisions, or of the United States government, or of any instrumentality of any other state or states or their political
subdivisions, or the United States; except that if the congress
of the United States shall permit states to require any instrumentality of the United States to make payments into an
unemployment fund under a state unemployment compensation act, then, to the extent permitted by congress, and from
and after the date when such permission becomes effective all
the provisions of this title shall be applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent and on the same
terms as to all other employers, employing units, individuals
and services: PROVIDED, That if this state should not be
certified by the social security board under section 903 of the
social security act, as amended, for any year, then the payment required of such instrumentalities with respect to such
year shall be deemed to be erroneously collected and shall be
refunded by the commissioner from the fund in accordance
with the provisions of this title relating to adjustments and
refunds of contributions, interest, or penalties which have
been paid. [1983 1st ex.s. c 23 § 5; 1945 c 35 § 22; Rem.
Supp. 1945 § 9998-161. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.210
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.205 Services performed by aliens. Except as
provided in RCW 50.04.206, services performed by aliens
legally or illegally admitted to the United States shall be considered services in employment subject to the payment of
contributions to the extent that services by citizens are covered. [1990 c 245 § 2; 1977 ex.s. c 292 § 5.]
50.04.205
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.206 Employment—Nonresident alien. The
term "employment" shall not include service that is per50.04.206
[Title 50 RCW—page 10]
50.04.220 Employment—Service covered by federal
act. The term "employment" shall not include service with
respect to which unemployment compensation is payable
under an unemployment compensation system established by
an act of congress: PROVIDED, That the commissioner is
hereby authorized to enter into agreements with the proper
agencies under such act of congress, which agreements shall
become effective ten days after publication thereof in the
manner provided in this title for publication of general rules,
to provide reciprocal treatment to individuals who have, after
acquiring potential rights to benefits under this title, acquired
right to unemployment compensation under such act of congress, or who have, after acquiring potential rights to unemployment compensation under such act of congress, acquired
rights to benefits under this title. [1945 c 35 § 23; Rem.
50.04.220
(2008 Ed.)
Definitions
Supp. 1945 § 9998-162. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.245
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 242 § 2.]
50.04.235 Employment—Outside salesman paid by
commission. The term "employment" shall not include services as an outside salesman of merchandise paid solely by
way of commission; and such services must have been performed outside of all the places of business of the enterprises
for which such services are performed only. [1957 c 181 § 1.]
50.04.235
50.04.223 Employment—Massage practitioner. The
term "employment" does not include services performed by a
massage practitioner licensed under chapter 18.108 RCW in
a massage business if the use of the business facilities is contingent upon compensation to the owner of the business facilities and the person receives no compensation from the owner
for the services performed.
This exemption does not include services performed by a
massage practitioner for an employer under chapter 50.44
RCW. [1994 c 3 § 2; 1993 c 167 § 1.]
50.04.223
Conflict with federal requirements—Severability—Effective
dates—1994 c 3: See notes following RCW 50.04.020.
Effective date—1993 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1993."
[1993 c 167 § 2.]
50.04.225 Employment—Barber and cosmetology
services. The term "employment" does not include services
performed in a barber shop or cosmetology shop by persons
licensed under chapter 18.16 RCW if the person is a booth
renter as defined in *RCW 18.16.020. [1991 c 324 § 17;
1985 c 7 § 117; 1982 1st ex.s. c 18 § 20.]
50.04.225
*Reviser’s note: RCW 18.16.020 was amended by 2002 c 111 § 2,
deleting the definition of "booth renter."
Severability—1991 c 324: See RCW 18.16.910.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.04.230 Employment—Services of insurance
agent, broker, or solicitor, real estate broker or real estate
salesman, and investment company agent or solicitor.
The term "employment" shall not include service performed
by an insurance agent, insurance broker, or insurance solicitor or a real estate broker or a real estate salesman to the
extent he or she is compensated by commission and service
performed by an investment company agent or solicitor to the
extent he or she is compensated by commission. The term
"investment company", as used in this section is to be construed as meaning an investment company as defined in the
act of congress entitled "Investment Company Act of 1940."
[1991 c 246 § 7; 1947 c 5 § 24; 1945 c 35 § 24; Rem. Supp.
1947 § 9998-162a.]
50.04.230
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
50.04.232 Employment—Travel services. The term
"employment" shall not include service performed by an outside agent who sells or arranges for travel services that are
provided to a travel agent as defined and registered under
RCW 19.138.021, to the extent the outside agent is compensated by commission. [1995 c 242 § 1.]
50.04.232
Conflict with federal requirements—1995 c 242: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
(2008 Ed.)
50.04.240 Employment—Newspaper delivery person. The term "employment" shall not include service as a
newspaper delivery person selling or distributing newspapers
on the street or from house to house. [2007 c 218 § 85; 1945
c 35 § 25; Rem. Supp. 1945 § 9998-163. Prior: 1943 c 127 §
13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.240
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
50.04.245 Employment—Services performed for
temporary services agency, employee leasing agency, or
services referral agency. (1) Subject to the other provisions
of this title, personal services performed for, or for the benefit
of, a third party pursuant to a contract with a temporary staffing services company or services referral agency constitutes
employment for the temporary staffing services company or
services referral agency when the agency is responsible,
under contract or in fact, for the payment of wages in remuneration for the services performed.
(2) The temporary staffing services company or services
referral agency is considered the employer as defined in
RCW 50.04.080.
(3) For the purposes of this section:
(a) "Temporary staffing services company" means an
individual or entity that engages in: Recruiting and hiring its
own employees; finding other organizations that need the services of those employees; and assigning those employees on
a temporary basis to perform work at or services for a client
to support or supplement the client’s workforces, or to provide assistance in special work situations, such as employee
absences, skill shortages, and seasonal workloads, or to perform special assignments or projects, all under the direction
and supervision of the client. "Temporary staffing services
company" does not include professional employer organizations as defined in RCW 50.04.298, permanent employee
leasing, or permanent employee placement services.
(b) "Services referral agency" means an individual or
entity other than a professional employer organization as
defined in RCW 50.04.298 that is engaged in the business of
offering the services of one or more individuals to perform
specific tasks for a third party. [2007 c 146 § 14; 1995 c 120
§ 1.]
50.04.245
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—1995 c 120: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 120 § 2.]
[Title 50 RCW—page 11]
50.04.248
Title 50 RCW: Unemployment Compensation
50.04.248 Employment—Third-party payer. (1)
Subject to the other provisions of this title, personal services
performed for, or for the benefit of, an employer who utilizes
a third-party payer constitutes employment for the employer.
The third-party payer is not considered the employer as
defined in RCW 50.04.080.
(2) For purposes of this section, "third-party payer"
means an individual or entity that enters into an agreement
with one or more employers to provide administrative,
human resource, or payroll administration services, but does
not provide an employment or coemployment relationship.
Temporary staffing services companies, services referral
agencies, professional employer organizations, and labor
organizations are not third-party payers. [2007 c 146 § 15.]
50.04.248
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
50.04.255 Employment—Appraisal practitioner services. The term "employment" does not include services performed by an appraisal practitioner certified or licensed
under chapter 18.140 RCW in an appraisal business if the use
of the business facilities is contingent upon compensation to
the owner of the business facilities and the person receives no
compensation from the owner for the services performed.
This exemption does not include services performed by an
appraisal practitioner certified or licensed under chapter
18.140 RCW for an employer under chapter 50.44 RCW.
[1996 c 182 § 14.]
50.04.255
Effective dates—1996 c 182: See note following RCW 18.140.005.
50.04.265 Employment—Indian tribes. The term
"employment" includes services performed in the employ of
an Indian tribe as provided in RCW 50.50.010. [2001 1st
sp.s. c 11 § 2.]
50.04.265
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900 through
50.50.903.
50.04.270 Employment—Casual labor. The term
"employment" shall not include casual labor not in the course
of the employer’s trade or business (labor which does not
promote or advance the trade or business of the employer).
Temporary labor in the usual course of an employer’s trade or
business or domestic services as defined in RCW 50.04.160
shall not be deemed to be casual labor. [1977 ex.s. c 292 § 7;
1945 c 35 § 28; Rem. Supp. 1945 § 9998-166. Prior: 1943 c
127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.270
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
is presumed to defray the person’s incidental expenses
involved in participating in the performance, including, but
not limited to, meals, transportation, lodging, costumes, supplies, and child care. [2007 c 366 § 1.]
50.04.280 Employment—"Pay period" determination. If the services performed during one-half or more of
any pay period by an individual for an employing unit constitute employment, all of the services of such individual for
such period shall be deemed to be employment, but if the services performed during more than one-half of any such pay
period by an individual for an employing unit do not constitute employment, then none of the services of such individual
on behalf of such employing unit for such period shall be
deemed to be employment. As used in this paragraph, the
term "pay period" means a period of not more than thirty-one
consecutive days for which a payment of remuneration is
ordinarily made to an individual by the employing unit.
[1945 c 35 § 29; Rem. Supp. 1945 § 9998-167. Prior: 1943 c
127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.280
50.04.290 Employment office. "Employment office"
means a free public employment office, or branch thereof,
operated by this or any other state as a part of a state controlled system of public employment offices, or by a federal
agency or any agency of a foreign government charged with
the administration of an unemployment compensation program or free public employment offices. All claims for unemployment compensation benefits, registrations for employment, and all job or placement referrals received or made by
any of the employment offices as above defined and pursuant
to regulation of the commissioner subsequent to December
31, 1941, are hereby declared in all respects to be valid. The
commissioner is authorized to make such investigation,
secure and transmit such information, make available such
services and facilities and exercise such of the other powers
provided herein with respect to the administration of this title
as he deems necessary or appropriate to facilitate the administration of any state or federal unemployment compensation
or public employment service law and in like manner to
accept and utilize information, services and facilities made
available to the state by the agency charged with the administration of any such unemployment compensation or public
employment service law. Any such action taken by the commissioner subsequent to December 31, 1941, is hereby
declared to be in all respects valid. [1945 c 35 § 30; Rem.
Supp. 1945 § 9998-168. Prior: 1943 c 127 § 13; 1941 c 253
§ 14.]
50.04.290
50.04.293 Misconduct. With respect to claims that
have an effective date before January 4, 2004, "misconduct"
means an employee’s act or failure to act in willful disregard
of his or her employer’s interest where the effect of the
employee’s act or failure to act is to harm the employer’s
business. [2006 c 13 § 8. Prior: 2003 2nd sp.s. c 4 § 5; 1993
c 483 § 1.]
50.04.293
50.04.275 Employment—Small performing arts. The
term "employment" shall not include services performed by a
person who is participating in a performance sponsored by an
employer whose North American industry classification system code is within "711110," "711120," "711130," or
"712110," so long as the person receives no remuneration
other than a nominal stipend and the employer does not have
more than three individuals in its employ during any portion
of a day during the calendar year.
For purposes of this section, "stipend" means a fixed sum
of money paid periodically to defray expenses. The stipend
50.04.275
[Title 50 RCW—page 12]
Retroactive application—2006 c 13 §§ 8-22: "(1) Sections 8 through
13 and 16 of this act apply retroactively to claims that have an effective date
on or after January 4, 2004.
(2) Sections 14 and 15 of this act apply retroactively to claims that have
an effective date on or after January 2, 2005.
(2008 Ed.)
Definitions
(3) Sections 17 through 22 of this act apply retroactively to June 20,
2003." [2006 c 13 § 23.]
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective dates—Applicability—1993 c 483: "(1) Sections 1 and 8
through 11 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and shall be
effective as to separations occurring after July 3, 1993.
(2) Section 2 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and is effective
as to weeks claimed after July 3, 1993.
(3) Section 12 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993], and is effective as to new claims filed after July 3, 1993.
(4) Section 19 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and is effective
as to requests for relief of charges received after July 3, 1993.
(5) Sections 15, 17, and 18 of this act shall be effective as to new
extended benefit claims filed after October 2, 1993.
(6) Sections 13 and 14 of this act shall take effect January 1, 1994.
(7) Sections 3, 4, and 5 of this act shall take effect January 2, 1994.
(8) Sections 20 and 21 of this act shall take effect for tax year 1994.
(9) Section 16 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993]." [1993 c 483 § 23.]
Conflict with federal requirements—1993 c 483: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 483 § 24.]
Severability—1993 c 483: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 483 § 25.]
50.04.294 Misconduct—Gross misconduct. With
respect to claims that have an effective date on or after January 4, 2004:
(1) "Misconduct" includes, but is not limited to, the following conduct by a claimant:
(a) Willful or wanton disregard of the rights, title, and
interests of the employer or a fellow employee;
(b) Deliberate violations or disregard of standards of
behavior which the employer has the right to expect of an
employee;
(c) Carelessness or negligence that causes or would
likely cause serious bodily harm to the employer or a fellow
employee; or
(d) Carelessness or negligence of such degree or recurrence to show an intentional or substantial disregard of the
employer’s interest.
(2) The following acts are considered misconduct
because the acts signify a willful or wanton disregard of the
rights, title, and interests of the employer or a fellow
employee. These acts include, but are not limited to:
50.04.294
(2008 Ed.)
50.04.298
(a) Insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions or instructions of the employer;
(b) Repeated inexcusable tardiness following warnings
by the employer;
(c) Dishonesty related to employment, including but not
limited to deliberate falsification of company records, theft,
deliberate deception, or lying;
(d) Repeated and inexcusable absences, including
absences for which the employee was able to give advance
notice and failed to do so;
(e) Deliberate acts that are illegal, provoke violence or
violation of laws, or violate the collective bargaining agreement. However, an employee who engages in lawful union
activity may not be disqualified due to misconduct;
(f) Violation of a company rule if the rule is reasonable
and if the claimant knew or should have known of the existence of the rule; or
(g) Violations of law by the claimant while acting within
the scope of employment that substantially affect the claimant’s job performance or that substantially harm the
employer’s ability to do business.
(3) "Misconduct" does not include:
(a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity;
(b) Inadvertence or ordinary negligence in isolated
instances; or
(c) Good faith errors in judgment or discretion.
(4) "Gross misconduct" means a criminal act in connection with an individual’s work for which the individual has
been convicted in a criminal court, or has admitted committing, or conduct connected with the individual’s work that
demonstrates a flagrant and wanton disregard of and for the
rights, title, or interest of the employer or a fellow employee.
[2006 c 13 § 9. Prior: 2003 2nd sp.s. c 4 § 6.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.04.295 Payments in lieu of contributions. "Payments in lieu of contributions" means money payments due to
the state unemployment compensation fund as provided in
RCW 50.44.060. [1971 c 3 § 2.]
50.04.295
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.298 Professional employer organizations—
Coemployment—Covered employee. For the purposes of
this title:
(1) "Professional employer organization" means a person or entity that enters into an agreement with one or more
client employers to provide professional employer services.
"Professional employer organization" includes entities that
use the term "staff leasing company," "permanent leasing
company," "registered staff leasing company," "employee
leasing company," "administrative employer," or any other
name, when they provide professional employer services to
client employers. The following are not classified as profes50.04.298
[Title 50 RCW—page 13]
50.04.300
Title 50 RCW: Unemployment Compensation
sional employer organizations: Independent contractors in
RCW 50.04.140; temporary staffing services companies and
services referral agencies as defined in RCW 50.04.245;
third-party payers as defined in RCW 50.04.248; or labor
organizations.
(2) "Client employer" means any employer who enters
into a professional employer agreement with a professional
employer organization.
(3) "Coemployer" means either a professional employer
organization or a client employer that has entered into a professional employer agreement.
(4) "Covered employee" means an individual performing
services for a client employer that constitutes employment
under this title.
(5) "Professional employer services" means services
provided by the professional employer organization to the
client employer, which include, but are not limited to, human
resource functions, risk management, or payroll administration services, in a coemployment relationship.
(6) "Coemployment relationship" means a relationship
that is intended to be ongoing rather than temporary or
project-specific, where the rights, duties, and obligations of
an employer in an employment relationship are allocated
between coemployers pursuant to a professional employer
agreement and state law. A coemployment relationship
exists only if a majority of the employees performing services to a client employer, or to a division or work unit of a
client employer, are covered employees. In determining the
allocation of rights and obligations in a coemployment relationship:
(a) The professional employer organization has only
those employer rights and is subject only to those obligations
specifically allocated to it by the professional employer
agreement or state law;
(b) The client employer has those rights and obligations
allocated to it by the professional employer agreement or
state law, as well as any other right or obligation of an
employer that is not specifically allocated by the professional
employer agreement or state law.
(7) "Professional employer agreement" means a written
contract between a client employer and a professional
employer organization that provides for: (a) The coemployment of covered employees; and (b) the allocation of
employer rights and obligations between the client and the
professional employer organization with respect to the covered employees. [2007 c 146 § 8.]
Report on implementation and impact—2007 c 146 §§ 8-12: "The
department shall report on the implementation of sections 8 through 12 of
this act and its impacts on professional employer organizations, small businesses, and the integrity and operations of the unemployment insurance system operated under Title 50 RCW. The department shall report to the unemployment insurance advisory committee and to the appropriate committees
of the legislature no later than December 1, 2010." [2007 c 146 § 13.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.310 Unemployed individual—Individual not
"unemployed"—Corporate officer. (1) An individual is
"unemployed" in any week during which the individual performs no services and with respect to which no remuneration
is payable to the individual, or in any week of less than full
time work, if the remuneration payable to the individual with
respect to such week is less than one and one-third times the
individual’s weekly benefit amount plus five dollars. The
commissioner shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to such types of unemployment as the commissioner
deems necessary.
(2) An individual is not "unemployed" during any week
which falls totally within a period during which the individual, pursuant to a collective bargaining agreement or individual employment contract, is employed full time in accordance
with a definition of full time contained in the agreement or
contract, and for which compensation for full time work is
payable. This subsection may not be applied retroactively to
an individual who had no guarantee of work at the start of
such period and subsequently is provided additional work by
the employer.
(3) An officer of a corporation who owns ten percent or
more of the outstanding stock of the corporation, or a corporate officer who is a family member of an officer who owns
ten percent or more of the outstanding stock of the corporation, whose claim for benefits is based on any wages with that
corporation, is:
(a) Not "unemployed" in any week during the individual’s term of office or ownership in the corporation, even if
wages are not being paid;
(b) "Unemployed" in any week upon dissolution of the
corporation or if the officer permanently resigns or is permanently removed from their appointment and responsibilities
with that corporation in accordance with its articles of incorporation or bylaws.
As used in this section, "family member" means persons
who are members of a family by blood or marriage as parents,
stepparents, grandparents, spouses, children, brothers, sisters,
stepchildren, adopted children, or grandchildren. [2007 c 146
§ 5; 1984 c 134 § 1; 1973 2nd ex.s. c 7 § 1; 1945 c 35 § 32;
Rem. Supp. 1945 § 9998-170. Prior: 1943 c 127 § 13; 1941
c 253 § 14; 1939 c 214 § 16; 1939 c 162 § 19.]
50.04.310
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Effective date—2007 c 146 §§ 5, 6, and 10-12: "Sections 5, 6, and 10
through 12 of this act take effect January 1, 2008." [2007 c 146 § 25.]
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Application—1973 2nd ex.s. c 7: "This act shall apply to weeks of
unemployment commencing on or after January 6, 1974." [1973 2nd ex.s. c
7 § 4.]
50.04.300 State. "State" includes, in addition to the
states of the United States of America, the District of Columbia, the Virgin Islands, and the Commonwealth of Puerto
Rico. [1977 ex.s. c 292 § 8; 1971 c 3 § 10; 1945 c 35 § 31;
Rem. Supp. 1945 § 9998-169. Prior: 1943 c 127 § 13; 1941
c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.320 Wages, remuneration. (1) For the purpose
of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an
individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred
50.04.300
[Title 50 RCW—page 14]
50.04.320
(2008 Ed.)
Definitions
to as a successor employer) during any calendar year acquires
substantially all the operating assets of another employer
(hereinafter referred to as a predecessor employer) or assets
used in a separate unit of a trade or business of a predecessor
employer, and immediately after the acquisition employs in
the individual’s trade or business an individual who immediately before the acquisition was employed in the trade or
business of the predecessor employer, then, for the purposes
of determining the amount of remuneration paid by the successor employer to the individual during the calendar year
which is subject to contributions, any remuneration paid to
the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as
having been paid by the successor employer.
(2) For the purpose of payment of benefits, "wages"
means the remuneration paid by one or more employers to an
individual for employment under this title during his base
year: PROVIDED, That at the request of a claimant, wages
may be calculated on the basis of remuneration payable. The
department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant’s
request a redetermination may be performed and based on
remuneration payable.
(3) For the purpose of payment of benefits and payment
of contributions, the term "wages" includes tips which are
received after January 1, 1987, while performing services
which constitute employment, and which are reported to the
employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for
personal services including commissions and bonuses and the
cash value of all compensation paid in any medium other than
cash. The reasonable cash value of compensation paid in any
medium other than cash and the reasonable value of gratuities
shall be estimated and determined in accordance with rules
prescribed by the commissioner. Remuneration does not
include payments to members of a reserve component of the
armed forces of the United States, including the organized
militia of the state of Washington, for the performance of
duty for periods not exceeding seventy-two hours at a time.
(b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure
agreements, when assigned to a specific period of time by
virtue of a collective bargaining agreement, individual
employment contract, customary trade practice, or request of
the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly
occurs when the compensation serves to make the individual
eligible for all regular fringe benefits for the period to which
the compensation is assigned.
(c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an
individual written employment contract prior to its expiration
date shall be considered remuneration. The proceeds shall be
deemed assigned in the same intervals and in the same
amount for each interval as compensation was allocated
under the contract.
(d) Except as provided in (c) of this subsection, the provisions of this subsection (4) pertaining to the assignment of
previously accrued compensation shall not apply to individuals subject to RCW 50.44.050. [1998 c 162 § 1; 1995 c 296
§ 1; 1986 c 21 § 1; 1984 c 134 § 2; 1983 1st ex.s. c 23 § 6;
(2008 Ed.)
50.04.323
1983 c 67 § 1; 1970 ex.s. c 2 § 3; 1953 ex.s. c 8 § 2; 1951 c
265 § 3; 1949 c 214 § 4; 1947 c 215 § 6; 1945 c 35 § 33; Rem.
Supp. 1949 § 9998-171. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Conflict with federal requirements—1998 c 162: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [1998 c 162
§ 2.]
Effective date—1998 c 162: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect on the Sunday
following the day that the governor signs this act [March 29, 1998] and is
effective for initial claims filed on or after that Sunday." [1998 c 162 § 3.]
Severability—1995 c 296: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 296 § 5.]
Conflict with federal requirements—1995 c 296: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 296 § 6.]
Effective date—1995 c 296: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 9, 1995]." [1995 c 296 § 7.]
Conflict with federal requirements—1986 c 21: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1986 c 21 § 2.]
Severability—1986 c 21: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1986 c 21 § 3.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.323 Wages, remuneration—Government or
private retirement pension plan payments—Effect upon
eligibility—Reduction in benefits. (1) The amount of benefits payable to an individual for any week which begins after
October 3, 1980, and which begins in a period with respect to
which such individual is receiving a governmental or other
pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of
such individual shall be reduced (but not below zero) by an
amount equal to the amount of such pension, retirement or
retired pay, annuity, or other payment, which is reasonably
attributable to such week. However:
50.04.323
[Title 50 RCW—page 15]
50.04.330
Title 50 RCW: Unemployment Compensation
(a) The requirements of this subsection shall apply to any
pension, retirement or retired pay, annuity, or other similar
periodic payment only if—
(i) Such pension, retirement or retired pay, annuity, or
similar payment is under a plan maintained (or contributed
to) by a base period employer; and
(ii) In the case of such a payment not made under the
Social Security Act or the Railroad Retirement Act of 1974
(or corresponding provisions of prior law), services performed for such employer by the individual after the beginning of the base period (or remuneration for such services)
affect eligibility for, or increase the amount of, such pension,
retirement or retired pay, annuity, or similar payment;
(b) The amount of any such a reduction shall take into
account contributions made by the individual for the pension,
retirement or retired pay, annuity, or other similar periodic
payment, in accordance with regulations prescribed by the
commissioner; and
(c) No deduction shall be made from the amount of benefits payable for a week for individuals receiving federal
social security pensions to take into account the individuals’
contributions to the pension program.
(2) In the event that a retroactive pension or retirement
payment covers a period in which an individual received benefits under the provisions of this title, the amount in excess of
the amount to which such individual would have been entitled had such retirement or pension payment been considered
as provided in this section shall be recoverable under RCW
50.20.190.
(3) A lump sum payment accumulated in a plan
described in this section paid to an individual eligible for
such payment shall be prorated over the life expectancy of the
individual computed in accordance with the commissioner’s
regulation.
(4) The resulting weekly benefit amount payable after
reduction under this section, if not a multiple of one dollar,
shall be reduced to the next lower multiple of one dollar.
(5) Any ambiguity in subsection (1) of this section
should be construed in a manner consistent with 26 U.S.C.
Sec. 3304 (a)(15) as last amended by P.L. 96-364. [1993 c
483 § 2; 1983 1st ex.s. c 23 § 7; 1981 c 35 § 1; 1980 c 74 § 1;
1973 2nd ex.s. c 7 § 2; 1973 1st ex.s. c 167 § 1; 1970 ex.s. c
2 § 19.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
Severability—1980 c 74: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 74 § 6.]
Effective dates—1980 c 74 §§ 1, 2, and 3: "Sections 1 and 2 of this
amendatory act are necessary for the immediate preservation of the public
peace, health, and safety, and the support of the state government and its
existing public institutions, and shall take effect with weeks of unemployment beginning after March 31, 1980. Section 3 of this amendatory act shall
take effect with benefit years beginning after June 30, 1980." [1980 c 74 §
7.]
Application—1973 2nd ex.s. c 7: See note following RCW 50.04.310.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
[Title 50 RCW—page 16]
50.04.330 Wages, remuneration—Retirement and
disability payments excepted. Prior to January 1, 1951, the
term "wages" shall not include the amount of any payment by
an employing unit for or on behalf of an individual in its
employ under a plan or system established by such employing unit which makes provision for individuals in its employ
generally, or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or
annuities or into a fund to provide for any payment) on
account of retirement, sickness or accident disability, or medical and hospitalization expenses in connection with sickness
or accident disability. After December 31, 1950, the term
"wages" shall not include:
(1) The amount of any payment made (including any
amount paid by an employing unit for insurance or annuities,
or into a fund to provide for any such payment), to, or on
behalf of, an individual or any of his dependents under a plan
or system established by an employing unit which makes provision generally for individuals performing service for it (or
for such individuals generally and their dependents) or for a
class or classes of such individuals (or for a class or classes of
such individuals and their dependents), on account of (a)
retirement, or (b) sickness or accident disability, or (c) medical or hospitalization expenses in connection with sickness or
accident disability or (d) death;
(2) the amount of any payment by an employing unit to
an individual performing service for it (including any amount
paid by an employing unit for insurance or annuities, or into
a fund, to provide for any such payment) on account of retirement;
(3) the amount of any payment on account of sickness or
accident disability, or medical or hospitalization expenses in
connection with sickness or accident disability, made by an
employing unit to, or on behalf of, an individual performing
services for it after the expiration of six calendar months following the last calendar month in which the individual performed services for such employing unit;
(4) the amount of any payment made by an employing
unit to, or on behalf of, an individual performing services for
it or his beneficiary (a) from or to a trust exempt from tax
under section 165(a) of the federal internal revenue code at
the time of such payment unless such payment is made to an
individual performing services for the trust as remuneration
for such services and not as a beneficiary of the trust, or (b)
under or to an annuity plan which, at the time of such payments, meets the requirements of section 165(a)(3), (4), (5),
and (6) of the federal internal revenue code; or
(5) the amount of any payment (other than vacation or
sick pay) made to an individual after the month in which he
attains the age of sixty-five, if he did not perform services for
the employing unit in the period for which such payment is
made. [1951 c 265 § 4; 1949 c 214 § 5; 1945 c 35 § 34; Rem.
Supp. 1949 § 9998-173. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.330
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.335 Wages, remuneration—Stock transfers
excepted. After December 31, 2003, for the purpose of the
payment of contributions, the term "wages" does not include
an employee’s income attributable to the transfer of shares of
stock to the employee pursuant to his or her exercise of a
50.04.335
(2008 Ed.)
Definitions
stock option granted for any reason connected with his or her
employment. [2006 c 13 § 17. Prior: 2003 2nd sp.s. c 4 § 2.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.04.340 Wages, remuneration—Death benefits
excepted. Prior to January 1, 1951, the term "wages" shall
not include the amount of any payment by an employing unit
for or on behalf of an individual in its employ under a plan or
system established by such employing unit which makes provision for individuals in its employ generally, or for a class or
classes of such individuals (including any amount paid by an
employing unit for insurance or annuities or into a fund to
provide for any payment) on account of death, provided the
individual in its employ
(1) has not the option to receive instead of provisions for
such death benefits, any part of such payment, or, if such
death benefit is insured, any part of the premium (or contributions to premiums) paid by his employing unit; and
(2) has not the right under the provisions of the plan or
system or policy of insurance providing for such death benefits to assign such benefits or to receive a cash consideration
in lieu of such benefits, either upon his withdrawal from the
plan or system providing for such benefits or upon termination of such plan or system or policy of insurance or of his
services with such employing unit. [1951 c 265 § 5; 1949 c
214 § 6; 1945 c 35 § 35; Rem. Supp. 1949 § 9998-173. Prior:
1943 c 127 § 13; 1941 c 253 § 14.]
50.04.340
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.350 Wages, remuneration—Excepted payments. The term "wages" shall not include the payment by
an employing unit (without deduction from the remuneration
of the individual in its employ) of the tax imposed upon an
individual in employment under section 1400 of the federal
internal revenue code, as amended, or any amount paid to a
person in the military service for any pay period during which
he performs no service for the employer: PROVIDED,
HOWEVER, That prior to January 1, 1952, the term "wages"
shall not include dismissal payments which an employing
unit is not legally required to make. [1951 c 265 § 2; 1945 c
35 § 36; Rem. Supp. 1945 § 9998-174. Prior: 1943 c 127 §
13; 1941 c 253 § 14.]
50.04.350
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.355 Wages, remuneration—Average annual
wage—Average weekly wage—Average annual wage for
contributions purposes. (1) For computations made before
January 1, 2007, the employment security department shall
compute, on or before the fifteenth day of June of each year,
an "average annual wage", an "average weekly wage", and an
"average annual wage for contributions purposes" from information for the specified preceding calendar years including
corrections thereof reported within three months after the
close of the final year of the specified years by all employers
as defined in RCW 50.04.080.
50.04.355
(2008 Ed.)
50.04.355
(a) The "average annual wage" is the quotient derived by
dividing the total remuneration reported by all employers for
the preceding calendar year by the average number of workers reported for all months of the preceding calendar year and
if the result is not a multiple of one dollar, rounding the result
to the next lower multiple of one dollar.
(b) The "average weekly wage" is the quotient derived
by dividing the "average annual wage" obtained under (a) of
this subsection by fifty-two and if the result is not a multiple
of one dollar, rounding the result to the next lower multiple of
one dollar.
(c) The "average annual wage for contributions purposes" is the quotient derived by dividing by three the total
remuneration reported by all employers subject to contributions for the preceding three consecutive calendar years and
dividing this amount by the average number of workers
reported for all months of these three years by these same
employers and if the result is not a multiple of one dollar,
rounding the result to the next lower multiple of one dollar.
(2) For computations made on or after January 1, 2007,
the employment security department shall compute, on or
before the fifteenth day of June of each year, an "average
annual wage," an "average weekly wage," and an "average
annual wage for contributions purposes" from information
for the preceding calendar year including corrections thereof
reported within three months after the close of that year by all
employers as defined in RCW 50.04.080.
(a) The "average annual wage" is the quotient derived by
dividing the total remuneration reported by all employers by
the average number of workers reported for all months and if
the result is not a multiple of one dollar, rounding the result to
the next lower multiple of one dollar.
(b) The "average weekly wage" is the quotient derived
by dividing the "average annual wage" obtained under (a) of
this subsection by fifty-two and if the result is not a multiple
of one dollar, rounding the result to the next lower multiple of
one dollar.
(c) The "average annual wage for contributions purposes" is the quotient derived by dividing the total remuneration reported by all employers subject to contributions by the
average number of workers reported for all months by these
same employers and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. [2003 2nd sp.s. c 4 § 15; 2000 c 2 § 1; 1977 ex.s. c 33 §
2; 1975 1st ex.s. c 228 § 1; 1973 c 73 § 3; 1970 ex.s. c 2 § 6.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—2000 c 2: "If any part of this act
is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2000 c 2 s
17.]
Severability—2000 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 2 § 18.]
Effective date—2000 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 50 RCW—page 17]
50.04.360
Title 50 RCW: Unemployment Compensation
ernment and its existing public institutions, and takes effect immediately
[February 7, 2000]." [2000 c 2 § 19.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1975 1st ex.s. c 228: "All sections of this 1975 amendatory act are necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing public
institutions, and shall take effect on the first Sunday following signature by
the governor [June 29, 1975]." [1975 1st ex.s. c 228 § 19.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.04.360 Week. "Week" means any period of seven
consecutive calendar days ending at midnight as the commissioner may by regulation prescribe. [1945 c 35 § 37; Rem.
Supp. 1945 § 9998-175. Prior: 1943 c 127 § 13; 1941 c 253
§ 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.360
Chapter 50.06
Chapter 50.06 RCW
TEMPORARY TOTAL DISABILITY
Sections
50.06.010
50.06.020
50.06.030
50.06.040
50.06.050
50.06.900
50.06.910
Purpose.
Allowable beneficiaries.
Application for initial determination of disability—Special
base year—Special individual benefit year.
Laws and regulations governing amounts payable and right to
benefits.
Use of wages and time worked for prior claims—Effect.
Application of chapter—Recipients of industrial insurance or
crime victims compensation.
Partial invalidity of chapter.
50.06.010 Purpose. This chapter is enacted for the purpose of providing the protection of the unemployment compensation system to persons who have suffered a temporary
total disability and is a recognition by this legislature of the
economic hardship confronting those persons who have not
been promptly reemployed after a prolonged period of temporary total disability. [1993 c 483 § 3; 1984 c 65 § 1; 1975
1st ex.s. c 228 § 7.]
50.06.010
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.020 Allowable beneficiaries. The benefits of this
chapter shall be allowed only to:
(1) Individuals who have suffered a temporary total disability and have received compensation under the industrial
insurance or crime victims compensation laws of this state,
any other state or the United States for a period of not less
than thirteen consecutive calendar weeks by reason of such
temporary total disability; or
(2) Individuals who are reentering the workforce after an
absence of not less than thirteen consecutive calendar weeks
resulting from temporary total physical disability because of
a nonwork-related injury or illness: PROVIDED, That individuals authorized to receive benefits under this subsection
are required to meet other eligibility requirements under Title
50 RCW. [1993 c 483 § 4; 1984 c 65 § 2; 1975 1st ex.s. c 228
§ 8.]
50.06.020
[Title 50 RCW—page 18]
50.06.030 Application for initial determination of
disability—Special base year—Special individual benefit
year. (1) In the case of individuals eligible under RCW
50.06.020(1), an application for initial determination made
pursuant to this chapter, to be considered timely, must be
filed in accordance with RCW 50.20.140 within twenty-six
weeks following the week in which the period of temporary
total disability commenced. Notice from the department of
labor and industries shall satisfy this requirement. The
records of the agency supervising the award of compensation
shall be conclusive evidence of the fact of temporary disability and the beginning date of such disability.
(2) In the case of individuals eligible under RCW
50.06.020(2), an application for initial determination must be
filed in accordance with RCW 50.20.140 within twenty-six
weeks following the week in which the period of temporary
total physical disability commenced. This filing requirement
is satisfied by filing a signed statement from the attending
physician stating the date that the disability commenced and
stating that the individual was unable to reenter the workforce during the time of the disability. The department may
examine any medical information related to the disability. If
the claim is appealed, a base year employer may examine the
medical information related to the disability and require, at
the employer’s expense, that the individual obtain the opinion
of a second health care provider selected by the employer
concerning any information related to the disability.
(3) The employment security department shall process
and issue an initial determination of entitlement or nonentitlement as the case may be.
(4) For the purpose of this chapter, a special base year is
established for an individual consisting of either the first four
of the last five completed calendar quarters or the last four
completed calendar quarters immediately prior to the first
day of the calendar week in which the individual’s temporary
total disability commenced, and a special individual benefit
year is established consisting of the entire period of disability
and a fifty-two consecutive week period commencing with
the first day of the calendar week immediately following the
week or part thereof with respect to which the individual
received his final temporary total disability compensation
under the applicable industrial insurance or crime victims
compensation laws, or the week in which the individual reentered the workforce after an absence under subsection (2) of
this section, as applicable, except that no special benefit year
shall have a duration in excess of three hundred twelve calendar weeks: PROVIDED HOWEVER, That such special benefit year will not be established unless the criteria contained
in RCW 50.04.030 has been met, except that an individual
meeting the eligibility requirements of this chapter and who
has an unexpired benefit year established which would overlap the special benefit year provided by this chapter, notwithstanding the provisions in RCW 50.04.030 relating to the
establishment of a subsequent benefit year and RCW
50.40.010 relating to waiver of rights, may elect to establish
a special benefit year under this chapter: PROVIDED FUR50.06.030
(2008 Ed.)
Establishment of Department
THER, that the unexpired benefit year shall be terminated
with the beginning of the special benefit year if the individual
elects to establish such special benefit year.
(5) For the purposes of establishing a benefit year, the
department shall initially use the first four of the last five
completed calendar quarters as the base year. If a benefit year
is not established using the first four of the last five calendar
quarters as the base year, the department shall use the last
four completed calendar quarters as the base year. [2002 c 73
§ 1; 1993 c 483 § 5; 1987 c 278 § 3; 1984 c 65 § 3; 1975 1st
ex.s. c 228 § 9.]
50.08.030
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.08
Chapter 50.08 RCW
ESTABLISHMENT OF DEPARTMENT
Sections
50.08.010
50.08.020
50.08.030
Employment security department established.
Divisions established.
Administration of family services and programs.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Labor market information and economic analysis—Duties and authority:
Chapter 50.38 RCW.
50.06.040 Laws and regulations governing amounts
payable and right to benefits. The individual’s weekly benefit amount and maximum amount payable during the special
benefit year shall be governed by the provision contained in
RCW 50.20.120. The individual’s basic and continuing right
to benefits shall be governed by the general laws and regulations relating to the payment of unemployment compensation
benefits to the extent that they are not in conflict with the provisions of this chapter. [1975 1st ex.s. c 228 § 10.]
50.06.040
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.050 Use of wages and time worked for prior
claims—Effect. The fact that wages, hours or weeks worked
during the special base year may have been used in the computation of a prior valid claim for unemployment compensation shall not affect a claim for benefits made pursuant to the
provisions of this chapter; however, wages, hours and weeks
worked used in computing entitlement on a claim filed pursuant to this chapter shall not be available or used for establishing entitlement or amount of benefits in any succeeding benefit year. [1975 1st ex.s. c 228 § 11.]
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
50.08.010
50.08.010 Employment security department established. There is established the employment security department for the state, to be administered by a commissioner. The
commissioner shall be appointed by the governor with the
consent of the senate, and shall hold office at the pleasure of,
and receive such compensation for his services as may be
fixed by, the governor. [1953 ex.s. c 8 § 3; 1947 c 215 § 8;
1945 c 35 § 38; Rem. Supp. 1947 § 9998-176. Prior: 1939 c
19 § 1; 1937 c 162 § 12.]
50.06.050
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.900 Application of chapter—Recipients of
industrial insurance or crime victims compensation. (1)
This chapter shall be available to individuals who suffer a
temporary total disability, compensable by an industrial
insurance program, after June 29, 1975.
(2) This chapter shall also be available to individuals
who suffer a temporary total disability compensable under
crime victims compensation laws, after June 7, 1984. [1984
c 65 § 4; 1975 1st ex.s. c 228 § 12.]
50.06.900
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.910 Partial invalidity of chapter. Should any
part of this chapter be declared unconstitutional by the final
decision of any court or declared out of conformity by the
United States secretary of labor, the commissioner shall
immediately discontinue the payment of benefits based on
this chapter, declare it inoperative and report that fact to the
governor and the legislature. [1975 1st ex.s. c 228 § 13.]
50.08.020
50.08.020 Divisions established. There are hereby
established in the employment security department two coordinate divisions to be known as the unemployment compensation division, and the Washington state employment service division, each of which shall be administered by a full
time salaried supervisor who shall be an assistant to the commissioner and shall be appointed by him. Each division shall
be responsible to the commissioner for the dispatch of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget, and duties,
except insofar as the commissioner may find that such separation is impracticable.
It is hereby further provided that the governor in his discretion may delegate any or all of the organization, administration and functions of the said Washington state employment service division to any federal agency. [1973 1st ex.s. c
158 § 1; 1947 c 215 § 9; 1945 c 35 § 39; Rem. Supp. 1947 §
9998-177. Prior: 1943 c 127 § 9; 1939 c 214 § 7; 1937 c 162
§ 9.]
Effective date—1973 1st ex.s. c 158: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 158 § 21.]
50.06.910
(2008 Ed.)
50.08.030
50.08.030 Administration of family services and programs. The commissioner shall administer family services
and programs to promote the state’s policy as provided in
RCW 74.14A.025. [1992 c 198 § 10.]
Severability—Effective date—1992 c 198: See RCW 70.190.910 and
70.190.920.
[Title 50 RCW—page 19]
Chapter 50.12
Chapter 50.12
Title 50 RCW: Unemployment Compensation
Chapter 50.12 RCW
ADMINISTRATION
Sections
50.12.010
50.12.020
50.12.031
50.12.040
50.12.042
50.12.045
50.12.050
50.12.060
50.12.070
50.12.080
50.12.090
50.12.100
50.12.120
50.12.130
50.12.140
50.12.150
50.12.160
50.12.170
50.12.180
50.12.190
50.12.200
50.12.210
50.12.220
50.12.230
50.12.235
50.12.240
50.12.245
50.12.250
50.12.252
50.12.280
50.12.290
50.12.300
50.12.310
Commissioner’s duties and powers.
Personnel appointed by commissioner.
Personnel board—Travel expenses of board.
Rule-making authority.
Rules—2003 2nd sp.s. c 4.
Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
Reciprocal benefit arrangements.
Reciprocal coverage arrangements.
Employing unit records, reports, and registration—Unified
business identifier account number records.
Arbitrary reports.
Interstate use of employing unit records.
Compulsory production of records and information.
Protection against self-incrimination.
Oaths and witnesses.
Destruction of office records.
Representation by attorney general.
Publication of title, rules and regulations, etc.
Services and fees of sheriffs.
State-federal cooperation.
Employment stabilization.
State advisory council—Committees and councils.
Employment services for handicapped—Report to legislative
committees.
Penalties for late reports or contributions—Warning—Assessment—Waiver—Appeal.
Job skills training program—Department’s duties.
Washington conservation corps—Department’s duties.
On-the-job training—Employer qualifications established by
rule.
Cooperation with workforce training and education coordinating board.
Information clearinghouse to assist in employment of persons
of disability.
Information clearinghouse—Consultation on establishment.
Displaced workers account—Compensation and retraining
after thermal electric generation facility’s cessation of operation.
Printed materials—Department’s duties.
Professional employer organizations—Reports and records.
Professional employer organizations—Revocation of authority to act as coemployer.
Administration of OASI plans for members of teachers’ retirement and state
employees’ retirement systems: Chapters 41.33, 41.41 RCW.
Merit system: Chapter 41.06 RCW.
50.12.010 Commissioner’s duties and powers. (1)
The commissioner shall administer this title. He shall have
the power and authority to adopt, amend, or rescind such
rules and regulations, to employ such persons, make such
expenditures, require such reports, make such investigations,
and take such other action as he deems necessary or suitable
to that end. Such rules and regulations shall be effective upon
publication and in the manner, not inconsistent with the provisions of this title, which the commissioner shall prescribe.
The commissioner, in accordance with the provisions of this
title, shall determine the organization and methods of procedure of the divisions referred to in this title, and shall have an
official seal which shall be judicially noticed. The commissioner shall submit to the governor a report covering the
administration and operation of this title during the preceding
fiscal year, July 1 through June 30, and shall make such recommendations for amendments to this title as he deems
proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a
reserve against the liability in future years to pay benefits in
excess of the then current contributions, which reserve shall
50.12.010
[Title 50 RCW—page 20]
be set up by the commissioner in accordance with accepted
actuarial principles on the basis of statistics of employment,
business activity, and other relevant factors for the longest
possible period. Whenever the commissioner believes that a
change in contribution or benefit rates will become necessary
to protect the solvency of the fund, he shall promptly so
inform the governor and legislature and make recommendations with respect thereto.
(2) There is established a unit within the department for
the purpose of detection and investigation of fraud under this
title. The department will employ supervisory and investigative personnel for the program, who must be qualified by
training and experience.
(3) The commissioner or the commissioner’s duly authorized designee is authorized to receive criminal history record
information that includes nonconviction data for any purpose
associated with the investigation for abuse or fraud under
chapter 50.20 RCW. Dissemination or use of nonconviction
data for purposes other than that authorized in this section is
prohibited. [2008 c 74 § 5; 1977 c 75 § 75; 1955 c 286 § 1;
1949 c 214 § 7; 1945 c 35 § 40; Rem. Supp. 1949 § 9998-178.
Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939 c 12 § 2.]
Finding—2008 c 74: See note following RCW 51.04.024.
50.12.020 Personnel appointed by commissioner.
The commissioner is authorized to appoint and fix the compensation of such officers, accountants, experts, and other
personnel as may be necessary to carry out the provisions of
this title: PROVIDED, That such appointment shall be made
on a nonpartisan merit basis in accordance with the provisions of this title relating to the selection of personnel. The
commissioner may delegate to any person appointed such
power and authority as the commissioner deems reasonable
and proper for the effective administration of this title,
including the right to decide matters placed in the commissioner’s discretion under this title, and may in his or her discretion bond any person handling moneys or signing checks
hereunder. [1985 c 96 § 1; 1973 1st ex.s. c 158 § 2; 1945 c 35
§ 41; Rem. Supp. 1945 § 9998-179. Prior: 1943 c 127 § 8;
1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.020
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.031 Personnel board—Travel expenses of
board. Members of the board shall be allowed travel
expenses in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended while traveling to and
from and attending regularly called meetings. [1975-’76 2nd
ex.s. c 34 § 148; 1959 c 127 § 2.]
50.12.031
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
50.12.040 Rule-making authority. Permanent and
emergency rules shall be adopted, amended, or repealed by
the commissioner in accordance with the provisions of Title
34 RCW and the rules adopted pursuant thereto: PROVIDED, That the commissioner may not adopt rules after
July 23, 1995, that are based solely on a section of law stating
a statute’s intent or purpose, on the enabling provisions of the
statute establishing the agency, or on any combination of
such provisions, for statutory authority to adopt any rule.
50.12.040
(2008 Ed.)
Administration
[1995 c 403 § 109; 1973 1st ex.s. c 158 § 3; 1945 c 35 § 43;
Rem. Supp. 1945 § 9998-181. Prior: 1943 c 127 § 8; 1941 c
253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.042 Rules—2003 2nd sp.s. c 4. The commissioner of the employment security department may adopt
such rules as are necessary to implement chapter 4, Laws of
2003 2nd sp. sess. [2003 2nd sp.s. c 4 § 34.]
50.12.042
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.12.045 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The commissioner may contract with the federal internal revenue service, or other appropriate federal agency, to issue conditional
federal employer identification numbers, or other federal credentials or documents, at specified offices and locations of
the agency in conjunction with any application for state
licenses under chapter 19.02 RCW. [1997 c 51 § 5.]
50.12.045
Intent—1997 c 51: See note following RCW 19.02.300.
50.12.050 Reciprocal benefit arrangements. As used
in this section the terms "other state" and "another state" shall
be deemed to include any state or territory of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico and any foreign government and, where applicable, shall also be deemed to include the federal government
or provisions of a law of the federal government, as the case
may be.
As used in this section the term "claim" shall be deemed
to include whichever of the following terms is applicable, to
wit: "Application for initial determination", "claim for waiting period credit", or "claim for benefits".
The commissioner shall enter into an agreement with any
other state whereby in the event an individual files a claim in
another state against wages earned in employment in this
state, or against wage credits earned in this state and in any
other state or who files a claim in this state against wage credits earned in employment in any other state, or against wages
earned in this state and in any other state, the claim will be
paid by this state or another state as designated by the agreement in accordance with a determination on the claim as provided by the agreement and pursuant to the qualification and
disqualification provisions of this title or under the provisions
of the law of the designated paying state (including another
state) or under such a combination of the provisions of both
laws as shall be determined by the commissioner as being fair
and reasonable to all affected interests, and whereby the
wages of such individual, if earned in two or more states
(including another state) may be combined, and further,
whereby this state or another state shall reimburse the paying
state in an amount which shall bear the same ratio to the
amount of benefits already paid as the amount of wage credits
transferred by this state or another state, and used in the deter50.12.050
(2008 Ed.)
50.12.070
mination, bear to the total wage credits used in computing the
claimant’s maximum amount of benefits potentially payable.
Whenever any claim is filed by an individual involving
the combination of wages or a reciprocal arrangement for the
payment of benefits, which is governed by the provisions of
this section, the employment security department of this
state, when not designated as the paying state, shall promptly
make a report to the other state making the determination,
showing wages earned in employment in this state.
The commissioner is hereby authorized to make to
another state and to receive from another state reimbursements from or to the unemployment compensation fund in
accordance with arrangements made pursuant to the provisions of this section. [1977 ex.s. c 292 § 9; 1971 c 3 § 11;
1959 c 266 § 1; 1949 c 214 § 8; 1945 c 35 § 44; Rem. Supp.
1949 § 9998-182. Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939
c 214 § 9; 1937 c 162 § 11.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.12.060 Reciprocal coverage arrangements. The
commissioner is hereby authorized to enter into arrangements
with the appropriate agencies of other states, foreign governments or the federal government whereby services performed
by an individual for a single employing unit for which services are customarily performed in more than one state shall
be deemed to be services performed entirely within any one
of the states (1) in which any part of such individual’s service
is performed, or (2) in which such individual has his residence, or (3) in which the employing unit maintains a place of
business: PROVIDED, That there is in effect, as to such services, an election by the employing unit with the acquiescence of such individual, approved by the agency charged
with the administration of such state’s unemployment compensation law, pursuant to which all the services performed
by such individual for such employing unit are deemed to be
performed entirely within such state. [1945 c 35 § 45; Rem.
Supp. 1945 § 9998-183. Prior: 1943 c 127 § 8; 1941 c 253 §
8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.060
50.12.070 Employing unit records, reports, and registration—Unified business identifier account number
records. (1)(a) Each employing unit shall keep true and
accurate work records, containing such information as the
commissioner may prescribe. Such records shall be open to
inspection and be subject to being copied by the commissioner or his or her authorized representatives at any reasonable time and as often as may be necessary. The commissioner may require from any employing unit any sworn or
unsworn reports with respect to persons employed by it,
which he or she deems necessary for the effective administration of this title.
(b) An employer who contracts with another person or
entity for work subject to chapter 18.27 or 19.28 RCW shall
obtain and preserve a record of the unified business identifier
account number for and compensation paid to the person or
entity performing the work. Failure to obtain or maintain the
record is subject to RCW 39.06.010 and to a penalty deter50.12.070
[Title 50 RCW—page 21]
50.12.080
Title 50 RCW: Unemployment Compensation
mined by the commissioner, but not to exceed two hundred
fifty dollars, to be collected as provided in RCW 50.24.120.
(2)(a) Each employer shall register with the department
and obtain an employment security account number. Registration must include the names and social security numbers of
the owners, partners, members, or corporate officers of the
business, as well as their mailing addresses and telephone
numbers and other information the commissioner may by
rule prescribe. Registration of corporations must also include
the percentage of stock ownership for each corporate officer,
delineated by zero percent, less than ten percent, or ten percent or more. Any changes in the owners, partners, members,
or corporate officers of the business, and changes in percentage of ownership of the outstanding shares of stock of the
corporation, must be reported to the department at intervals
prescribed by the commissioner under (b) of this subsection.
(b) Each employer shall make periodic reports at such
intervals as the commissioner may by regulation prescribe,
setting forth the remuneration paid for employment to workers in its employ, the full names and social security numbers
of all such workers, and the total hours worked by each
worker and such other information as the commissioner may
by regulation prescribe.
(c) If the employing unit fails or has failed to report the
number of hours in a reporting period for which a worker
worked, such number will be computed by the commissioner
and given the same force and effect as if it had been reported
by the employing unit. In computing the number of such
hours worked, the total wages for the reporting period, as
reported by the employing unit, shall be divided by the dollar
amount of the state’s minimum wage in effect for such
reporting period and the quotient, disregarding any remainder, shall be credited to the worker: PROVIDED, That
although the computation so made will not be subject to
appeal by the employing unit, monetary entitlement may be
redetermined upon request if the department is provided with
credible evidence of the actual hours worked. Benefits paid
using computed hours are not considered an overpayment
and are not subject to collections when the correction of computed hours results in an invalid or reduced claim; however:
(i) A contribution paying employer who fails to report
the number of hours worked will have its experience rating
account charged for all benefits paid that are based on hours
computed under this subsection; and
(ii) An employer who reimburses the trust fund for benefits paid to workers and fails to report the number of hours
worked shall reimburse the trust fund for all benefits paid that
are based on hours computed under this subsection. [2008 c
120 § 7; 2007 c 146 § 1; 1997 c 54 § 2; 1983 1st ex.s. c 23 §
8; 1977 ex.s. c 33 § 3; 1975 1st ex.s. c 228 § 2; 1945 c 35 §
46; Rem. Supp. 1945 § 9998-184. Prior: 1943 c 127 § 8;
1939 c 214 § 9; 1937 c 162 § 11.]
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
[Title 50 RCW—page 22]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.12.080 Arbitrary reports. If any employing unit
fails to make or file any report or return required by this title,
or any regulation made pursuant hereto, the commissioner
may, upon the basis of such knowledge as may be available
to him, arbitrarily make a report on behalf of such employing
unit and the report so made shall be deemed to be prima facie
correct. In any action or proceedings brought for the recovery
of contributions, interest, or penalties due upon the payroll of
an employer, the certificate of the department that an audit
has been made of the payroll of such employer pursuant to
the direction of the department, or a certificate that a return
has been filed by or for an employer or estimated by reason of
lack of a return, shall be prima facie evidence of the amount
of such payroll for the period stated in the certificate. [1983
1st ex.s. c 23 § 9; 1951 c 215 § 2; 1945 c 35 § 47; Rem. Supp.
1945 § 9998-185. Prior: 1943 c 127 § 8.]
50.12.080
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.12.090 Interstate use of employing unit records.
The records of an employer maintained in this state pertaining to employment of persons in another state shall be open to
representatives of the commissioner to permit cooperation
with other state unemployment compensation agencies in
ascertaining information necessary to administer the unemployment compensation acts of such other states. [1945 c 35
§ 48; Rem. Supp. 1945 § 9998-186.]
50.12.090
50.12.100 Compulsory production of records and
information. In case of contumacy or refusal to obey subpoenas issued to any person, any court of the state within the
jurisdiction of which the inquiry is carried on, or within the
jurisdiction of which said person guilty of contumacy or
refusal to obey is found or resides or transacts business, upon
application by any duly authorized representative of the commissioner, shall have jurisdiction to issue to such person an
order requiring such person to appear before such authorized
representative, there to produce evidence, if so ordered, or
there to give testimony touching the matter under investigation, or in question. Failure to obey such order of the court
may be punished by said court as a contempt thereof. [1945
c 35 § 49; Rem. Supp. 1945 § 9998-187. Prior: 1939 c 214 §
9; 1937 c 162 § 11.]
50.12.100
50.12.120 Protection against self-incrimination. No
person shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, and
other records before any duly authorized representative of the
commissioner or any appeal tribunal in obedience to the subpoena of such representative of the commissioner or such
appeal tribunal, on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or subject him to a penalty or forfeiture; but
no individual shall be prosecuted or subjected to any penalty
or forfeiture for or on account of any transaction, matter, or
thing concerning which he is compelled, after having claimed
his privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that such indi50.12.120
(2008 Ed.)
Administration
vidual so testifying shall not be exempt from prosecution and
punishment for perjury committed in so testifying. [1945 c
35 § 51; Rem. Supp. 1945 § 9998-189. Prior: 1943 c 127 § 8;
1939 c 214 § 9; 1937 c 162 § 11.]
50.12.130 Oaths and witnesses. In the discharge of the
duties imposed by this title, the appeal tribunal and any duly
authorized representative of the commissioner shall have
power to administer oaths and affirmations, take depositions,
certify to official acts and issue subpoenas to compel the
attendance of witnesses and the production of books, papers,
correspondence, memoranda, and other records deemed to be
necessary as evidence in connection with any dispute or the
administration of this title. It shall be unlawful for any person, without just cause, to fail to comply with subpoenas
issued pursuant to the provisions of this section. [1945 c 35
§ 52; Rem. Supp. 1945 § 9998-190. Prior: 1943 c 127 § 8;
1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.130
50.12.140 Destruction of office records. The commissioner may destroy any form, claim, ledger, check, letter, or
other record of the employment security department at the
expiration of three years after such record was originated by
or filed with the employment security department, except that
warrants and claims, claim determination, employer liability
forms and contribution reports may be destroyed at the expiration of six years after such form is originated by or filed
with the employment security department, and except that
this section shall not apply to records pertaining to grants,
accounts or expenditures for administration, records of the
unemployment compensation fund and the unemployment
compensation administration fund. [1947 c 215 § 11; 1945 c
35 § 53; Rem. Supp. 1947 § 99998-191.]
50.12.140
Preservation and destruction of public records: Chapter 40.14 RCW.
50.12.150 Representation by attorney general. The
attorney general shall be the general counsel of each and all
divisions and departments under this title and it shall be his
duty to institute and prosecute all actions and proceedings
which may be necessary in the enforcement and carrying out
of each, every, and all of the provisions of this title, and it
shall be the duty of the attorney general to assign such assistants and attorneys as may be necessary to the exclusive duty
of assisting each, every, and all divisions and departments
created under this title in the enforcement of this title. The
salaries of such assistants shall be paid out of the unemployment compensation administration fund, together with their
expenses fixed by the attorney general and allowed by the
treasurer of the unemployment compensation administration
fund when approved upon vouchers by the attorney general.
[1945 c 35 § 54; Rem. Supp. 1945 § 9998-192. Prior: 1937 c
162 § 17.]
50.12.150
Attorney general: Chapter 43.10 RCW.
50.12.160 Publication of title, rules and regulations,
etc. The commissioner may cause to be printed for distribution to the public the text of this title, the regulations and general rules, and other material which he deems relevant and
suitable. [1977 c 75 § 76; 1945 c 35 § 55; Rem. Supp. 1945
§ 9998-193.]
50.12.160
(2008 Ed.)
50.12.180
50.12.170 Services and fees of sheriffs. The sheriff of
any county, upon request of the commissioner or his duly
authorized representative, or upon request of the attorney
general, shall, for and on behalf of the commissioner, perform the functions of service, distraint, seizure, and sale,
authority for which is granted to the commissioner or his duly
authorized representative. No bond shall be required by the
sheriff of any county for services rendered for the commissioner, his duly authorized representative, or the attorney
general. The sheriff shall be allowed such fees as may be prescribed for like or similar official services. [1945 c 35 § 56;
Rem. Supp. 1945 § 9998-194.]
50.12.170
County sheriff: Chapter 36.28 RCW.
50.12.180
50.12.180 State-federal cooperation. The commissioner, through the Washington state employment service
division, shall establish and maintain free public employment
offices in such places as may be necessary for the proper
administration of this title and for the purpose of performing
such duties as are within the purview of the act of congress
entitled "An Act to provide for the establishment of a national
employment system and for other purposes," approved June
6, 1933 (48 Stat. 113; U.S.C. Title 29, Sec. 49(c), as
amended).
In the administration of this title the commissioner shall
cooperate to the fullest extent consistent with the provisions
of this title, with any official or agency of the United States
having powers or duties under the provisions of the said act
of congress, as amended, and to do and perform all things
necessary to secure to this state the benefits of the said act of
congress, as amended, in the promotion and maintenance of a
system of public employment offices. The provisions of the
said act of congress, as amended, are hereby accepted by this
state, in conformity with section 4 of said act and there shall
be observance of and compliance with the requirements
thereof. The commissioner may cooperate with or enter into
agreements with the railroad retirement board with respect to
the establishment, maintenance, and use of free employment
service facilities, and make available to said board the state’s
records relating to the administration of this title, and furnish
such copies thereof, at the expense of the board, as it may
deem necessary for its purposes.
The commissioner shall comply with such provisions as
the social security board, created by the social security act,
approved August 14, 1935, as amended, may from time to
time require, regarding reports and the correctness and verification thereof, and shall comply with the regulations of the
social security board governing the expenditures of such
sums as may be allotted and paid to this state under Title III
of the social security act for the purpose of assisting the
administration of this title. The commissioner may afford reasonable cooperation with every agency of the United States
charged with the administration of any unemployment insurance law.
The governor is authorized to apply for an advance to the
state unemployment fund and to accept the responsibility for
the repayment of such advance in accordance with the conditions specified in Title XII of the social security act, as
amended, in order to secure to this state and its citizens the
advantages available under the provisions of such title.
[Title 50 RCW—page 23]
50.12.190
Title 50 RCW: Unemployment Compensation
The commissioner is also authorized and empowered to
take such steps, not inconsistent with law, as may be necessary for the purpose of procuring for the people of this state
all of the benefits and assistance, financial and otherwise,
provided, or to be provided for, by or pursuant to any act of
congress.
Upon request therefor the commissioner shall furnish to
any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s
rights to further benefits under this title. [1973 1st ex.s. c 158
§ 4; 1959 c 266 § 2; 1945 c 35 § 57; Rem. Supp. 1945 § 9998195. Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939 c 214 § 9;
1937 c 162 § 11.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.190 Employment stabilization. The commissioner shall take all appropriate steps to reduce and prevent
unemployment; to encourage and assist in the adoption of
practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise, and assist
in the establishment and operation by municipalities, counties, school districts, and the state, of reserves for public
works to be used in times of business depression and unemployment; to promote the reemployment of unemployed
workers throughout the state in every other way that may be
feasible; and to these ends to carry and publish the results of
investigations and research studies. [1945 c 35 § 58; Rem.
Supp. 1945 § 9998-197. Prior: 1943 c 127 § 8; 1941 c 253 §
8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.190
50.12.200 State advisory council—Committees and
councils. The commissioner shall appoint a state advisory
council composed of not more than nine men and women, of
which three shall be representatives of employers, three shall
be representatives of employees, and three shall be representatives of the general public. Such council shall aid the commissioner in formulating policies and discussing problems
related to the administration of this title and of assuring
impartiality and freedom from political influence in the solution of such problems. The council shall serve without compensation. The commissioner may also appoint committees,
and industrial or other special councils, to perform appropriate services. Advisory council members shall be reimbursed
for travel expenses incurred in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended. [1982 1st ex.s. c 18 § 1; 1975-’76 2nd ex.s. c 34 §
149; 1953 ex.s. c 8 § 4; 1947 c 215 § 12; 1945 c 35 § 59; Rem.
Supp. 1947 § 9998-197. Prior: 1941 c 253 § 17.]
50.12.200
Severability—1982 1st ex.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 18 § 22.]
Conflict with federal requirements—1982 1st ex.s. c 18: "If any part
of this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly affected, and
such finding or determination shall not affect the operation of the remainder
of this act in its application to the agencies concerned. The rules under this
[Title 50 RCW—page 24]
act shall meet federal requirements which are a necessary condition to the
receipt of federal funds by the state." [1982 1st ex.s. c 18 § 21.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
50.12.210 Employment services for handicapped—
Report to legislative committees. It is the policy of the state
of Washington that persons with physical, mental, or sensory
handicaps shall be given equal opportunities in employment.
The legislature recognizes that handicapped persons have
faced unfair discrimination in employment.
For these reasons, the state employment service division
of the employment security department shall give particular
and special attention service to those persons with physical,
mental, or sensory handicaps which substantially limit one or
more of their major life functions as defined under P.L. 93112 and rules promulgated thereunder. Particular and special
attention service shall include but not be limited to particular
and special attention in counseling, referral, notification of
job listings in advance of other persons, and other services of
the employment service division.
Nothing in this section shall be construed so as to affect
the veteran’s preference or any other requirement of the
United States department of labor.
The employment security department shall report to the
house and senate commerce and labor committees by December 1, 1987, on its accomplishments under this section and on
its future plans for implementation of this section. The
department shall report to the above mentioned committees
every odd-numbered year thereafter on its actions under this
section.
The employment security department shall establish
rules to implement this section. [1987 c 76 § 1; 1977 ex.s. c
273 § 1.]
50.12.210
50.12.220 Penalties for late reports or contributions—Warning—Assessment—Waiver—Appeal. (1) If
an employer fails to file a timely report as required by RCW
50.12.070, or the rules adopted pursuant thereto, the
employer is subject to a penalty of twenty-five dollars per
violation, unless the penalty is waived by the commissioner.
(2) An employer who files an incomplete or incorrectly
formatted tax and wage report as required by RCW 50.12.070
must receive a warning letter for the first occurrence. The
warning letter will provide instructions for accurate reporting
or notify the employer how to obtain technical assistance
from the department. Except as provided in subsections (3)
and (4) of this section, for subsequent occurrences within five
years of the last occurrence, the employer is subject to a penalty as follows:
(a) When no contributions are due: For the second
occurrence, the penalty is seventy-five dollars; for the third
occurrence, the penalty is one hundred fifty dollars; and for
the fourth occurrence and for each occurrence thereafter, the
penalty is two hundred fifty dollars.
(b) When contributions are due: For the second occurrence, the penalty is ten percent of the quarterly contributions
due, but not less than seventy-five dollars and not more than
two hundred fifty dollars; for the third occurrence, the penalty is ten percent of the quarterly contributions due, but not
less than one hundred fifty dollars and not more than two
50.12.220
(2008 Ed.)
Administration
50.12.250
hundred fifty dollars; and for the fourth occurrence and each
occurrence thereafter, the penalty is two hundred fifty dollars.
(3) If an employer knowingly misrepresents to the
employment security department the amount of his or her
payroll upon which contributions under this title are based,
the employer shall be liable to the state for up to ten times the
amount of the difference in contributions paid, if any, and the
amount the employer should have paid and for the reasonable
expenses of auditing his or her books and collecting such
sums. Such liability may be enforced in the name of the
department.
(4) If contributions are not paid on the date on which
they are due and payable as prescribed by the commissioner,
there shall be assessed a penalty of five percent of the amount
of the contributions for the first month or part thereof of
delinquency; there shall be assessed a total penalty of ten percent of the amount of the contributions for the second month
or part thereof of delinquency; and there shall be assessed a
total penalty of twenty percent of the amount of the contributions for the third month or part thereof of delinquency. No
penalty so added shall be less than ten dollars. These penalties are in addition to the interest charges assessed under
RCW 50.24.040.
(5) Penalties shall not accrue on contributions from an
estate in the hands of a receiver, executor, administrator,
trustee in bankruptcy, common law assignee, or other liquidating officer subsequent to the date when such receiver,
executor, administrator, trustee in bankruptcy, common law
assignee, or other liquidating officer qualifies as such, but
contributions accruing with respect to employment of persons by a receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer
shall become due and shall be subject to penalties in the same
manner as contributions due from other employers.
(6) Where adequate information has been furnished to
the department and the department has failed to act or has
advised the employer of no liability or inability to decide the
issue, penalties shall be waived by the commissioner. Penalties may also be waived for good cause if the commissioner
determines that the failure to file timely, complete, and correctly formatted reports or pay timely contributions was not
due to the employer’s fault.
(7) Any decision to assess a penalty as provided by this
section shall be made by the chief administrative officer of
the tax branch or his or her designee.
(8) Nothing in this section shall be construed to deny an
employer the right to appeal the assessment of any penalty.
Such appeal shall be made in the manner provided in RCW
50.32.030. [2007 c 146 § 3; 2006 c 47 § 3; 2004 c 97 § 1;
2003 2nd sp.s. c 4 § 22; 1987 c 111 § 2; 1979 ex.s. c 190 § 1.]
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1987 c 111 § 10.]
Application—2007 c 146 § 3: "Section 3 of this act applies for penalties assessed on reports and contributions due beginning October 1, 2007."
[2007 c 146 § 23.]
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2006 c 47: See notes following RCW 50.29.062.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1987 c 111: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
Legislative finding—1987 c 369: "The legislature finds that improving
the economic status of persons of disability, the state’s largest social minority with over four hundred thousand people, will require active state involvement. Persons of disability suffer unemployment at almost twice the rate and
experience poverty at more than twice the rate of the general population.
Employers have experienced confusion about the variety of employment services available to them. Optimum service from, and access to, the state’s
training and placement programs for persons of disability requires coordination and a clear focus on the stated needs of persons of disability and their
prospective employers. It is the purpose of this chapter to guarantee that representatives of the disability community, labor, and the private sector have
an institutionalized means of meeting their respective needs in the training,
(2008 Ed.)
Severability—1987 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 111 § 11.]
Effective date—1987 c 111: "This act shall take effect July 1, 1987.
Sections 2 and 8 of this act shall be effective for quarters beginning on and
after July 1, 1987." [1987 c 111 § 12.]
50.12.230 Job skills training program—Department’s duties. See RCW 28C.04.400 through 28C.04.420.
50.12.230
50.12.235 Washington conservation corps—Department’s duties. See chapter 43.220 RCW.
50.12.235
50.12.240 On-the-job training—Employer qualifications established by rule. The commissioner may establish
by rule qualifications for employers who agree to provide onthe-job training for new employees. [1985 c 299 § 2.]
50.12.240
50.12.245 Cooperation with workforce training and
education coordinating board. The commissioner shall
cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities
under RCW 28C.18.060 and shall provide information and
data in a format that is accessible to the board. [1991 c 238 §
80.]
50.12.245
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
50.12.250 Information clearinghouse to assist in
employment of persons of disability. The employment
security department shall establish an information clearinghouse for use by persons of disability and governmental and
private employers. The services of the clearinghouse shall
include:
(1) Provision of information on private and state services
available to assist persons of disability in their training and
employment needs;
(2) Provision of information on private, state, and federal
incentive programs and services available to employers of
persons of disability; and
(3) Publication of a comprehensive list of programs and
services in subsections (1) and (2) of this section. [1987 c
369 § 2.]
50.12.250
[Title 50 RCW—page 25]
50.12.252
Title 50 RCW: Unemployment Compensation
employment, and economic participation of persons of disability." [1987 c
369 § 1.]
50.12.252 Information clearinghouse—Consultation
on establishment. In establishing the information clearinghouse, the employment security department shall consult
with organizations of private sector employers and persons of
disability. [1987 c 369 § 3.]
50.12.252
Legislative finding—1987 c 369: See note following RCW 50.12.250.
50.12.280 Displaced workers account—Compensation and retraining after thermal electric generation facility’s cessation of operation. The displaced workers account
is established. All moneys from RCW 82.32.393 must be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only to provide for compensation and retraining
of displaced workers of the thermal electric generation facility and of the coal mine that supplied coal to the facility. The
benefits from the account are in addition to all other compensation and retraining benefits to which the displaced workers
are entitled under existing state law. The employment security department shall administer the distribution of moneys
from the account. [1997 c 368 § 13.]
50.12.280
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
50.12.290 Printed materials—Department’s duties.
When an employer initially files a master application under
chapter 19.02 RCW for the purpose, in whole or in part, of
registering to pay unemployment insurance taxes, the
employment security department shall send to the employer
any printed material the department recommends or requires
the employer to post. Any time the printed material has substantive changes in the information, the department shall send
a copy to each employer. [2007 c 287 § 1.]
50.12.290
50.12.300 Professional employer organizations—
Reports and records. (1) A professional employer organization must register with the department and ensure that its
client employers are registered with the department as provided in RCW 50.12.070.
(2) By September 1, 2007, the professional employer
organization shall provide the department with:
(a) The names, addresses, unified business identifier
numbers, and employment security account numbers of all its
existing client employers who do business or have covered
employees in Washington state. This requirement applies
whether or not the client employer currently has covered
employees performing services in Washington state;
(b) The names and social security numbers of corporate
officers, owners, or limited liability company members of client employers; and
(c) The business location in Washington state where payroll records of its client employers will be made available for
review or inspection upon request of the department.
(3) For client employers registering for the first time as
required in RCW 50.12.070, the professional employer organization must:
(a) Provide the names, addresses, unified business identifier numbers, and employment security account numbers of
50.12.300
[Title 50 RCW—page 26]
the client employers who do business or have covered
employees in Washington state. This requirement applies
whether or not the client employer currently has covered
employees performing services in Washington state;
(b) Provide the names and social security numbers of
corporate officers, owners, or limited liability company
members of the client employers; and
(c) Provide the business location in Washington state
where payroll records of its client employers will be made
available for review or inspection at the time of registration
or upon request of the department.
(4) The professional employer organization must notify
the department within thirty days each time it adds or terminates a relationship with a client employer. Notification must
take place on forms provided by the department. The notification must include the name, employment security account
number, unified business identifier number, and address of
the client employer, as well as the effective date the relationship began or terminated.
(5) The professional employer organization must provide a power of attorney, confidential information authorization, or other evidence, completed by each client employer as
required by the department, authorizing it to act on behalf of
the client employer for unemployment insurance purposes.
(6) The professional employer organization must file
quarterly wage and contribution reports with the department.
The professional employer organization may file either a single electronic report containing separate and distinct information for each client employer and using the employer account
number and tax rate assigned to each client employer by the
department, or separate paper reports for each client
employer.
(7) The professional employer organization must maintain accurate payroll records for each client employer and
make these records available for review or inspection upon
request of the department at the location provided by the professional employer organization. [2007 c 146 § 9.]
Report on implementation and impact—2007 c 146 §§ 8-12: See
note following RCW 50.04.298.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
50.12.310
50.12.310 Professional employer organizations—
Revocation of authority to act as coemployer. A professional employer organization’s authority to act as a coemployer for purposes of this title may be revoked by the department when it determines that the professional employer organization has substantially failed to comply with the
requirements of RCW 50.12.300. [2007 c 146 § 12.]
Report on implementation and impact—2007 c 146 §§ 8-12: See
note following RCW 50.04.298.
Effective date—2007 c 146 §§ 5, 6, and 10-12: See note following
RCW 50.04.310.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
(2008 Ed.)
Records and Information—Privacy and Confidentiality
Chapter 50.13
Chapter 50.13 RCW
RECORDS AND INFORMATION—
PRIVACY AND CONFIDENTIALITY
Sections
50.13.010
50.13.015
50.13.020
50.13.030
50.13.040
50.13.050
50.13.060
50.13.070
50.13.080
50.13.090
50.13.100
50.13.900
50.13.905
50.13.910
Legislative intent and recognition.
Information held private and confidential—Requests for disclosure.
Information or records deemed private and confidential—
Exceptions.
Rules.
Access of individual or employing unit to records and information.
Access to records or information by interested party in proceeding before appeal tribunal or commissioner—Decisions
not private and confidential, exception.
Access to records or information by governmental agencies.
Availability of records or information to parties to judicial or
administrative proceedings—Discovery proceedings—Subpoenas.
Disclosure of records or information to private persons or
organizations contracting to assist in operation and management of department—Penalties.
Disclosure of records or information to contracting governmental or private organizations.
Disclosure of records or information where identifying details
deleted or individual or employing unit consents.
Construction.
Severability—1977 ex.s. c 153.
Legislative designation and placement.
50.13.010 Legislative intent and recognition. This
chapter is intended to reconcile the free access to public
records granted by the open government act and the discovery rights of judicial and administrative systems with the historical confidentiality of certain records of the department of
employment security and the individual’s right of privacy as
acknowledged by the open government act.
The legislature recognizes that records and information
held by the department of employment security could be misused. Therefore, this chapter defines a right of privacy and
confidentiality as regards individual and employing unit
records maintained by the department of employment security. The legislature further recognizes that there are situations where this right of privacy and confidentiality is outweighed by other considerations. Therefore, this chapter also
defines certain exceptions to the right of privacy and confidentiality. [1977 ex.s. c 153 § 1.]
50.13.010
50.13.015 Information held private and confidential—Requests for disclosure. (1) If information provided
to the department by another governmental agency is held
private and confidential by state or federal laws, the department may not release such information.
(2) Information provided to the department by another
governmental entity conditioned upon privacy and confidentiality is to be held private and confidential according to the
agreement between the department and other governmental
agency.
(3) The department may hold private and confidential
information obtained for statistical analysis, research, or
study purposes if the information was supplied voluntarily,
conditioned upon maintaining confidentiality of the information.
(4) Persons requesting disclosure of information held by
the department under subsection (1) or (2) of this section
shall request such disclosure from the agency providing the
50.13.015
(2008 Ed.)
50.13.040
information to the department rather than from the department.
(5) This section supersedes any provisions of chapter
42.56 RCW to the contrary. [2005 c 274 § 319; 1989 c 92 §
3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
50.13.020 Information or records deemed private
and confidential—Exceptions. Any information or records
concerning an individual or employing unit obtained by the
department of employment security pursuant to the administration of this title or other programs for which the department has responsibility shall be private and confidential,
except as otherwise provided in this chapter. This chapter
does not create a rule of evidence. Information or records
may be released by the department of employment security
when the release is:
(1) Required by the federal government in connection
with, or as a condition of funding for, a program being
administered by the department; or
(2) Requested by a county clerk for the purposes of
RCW 9.94A.760.
The provisions of RCW 50.13.060 (1) (a), (b) and (c)
will not apply to such release. [2004 c 121 § 5; 1981 c 35 §
2; 1977 ex.s. c 153 § 2.]
50.13.020
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
50.13.030 Rules. The commissioner shall have the
authority to adopt, amend, or rescind rules interpreting and
implementing the provisions of this chapter. In particular,
these rules shall specify the procedure to be followed to
obtain information or records to which the public has access
under this chapter or chapter 42.56 RCW. [2005 c 274 § 320;
1977 ex.s. c 153 § 3.]
50.13.030
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
50.13.040 Access of individual or employing unit to
records and information. (1) An individual shall have
access to all records and information concerning that individual held by the employment security department, unless the
information is exempt from disclosure under RCW
42.56.410.
(2) An employing unit shall have access to its own
records and to any records and information relating to a benefit claim by an individual if the employing unit is either the
individual’s last employer or is the individual’s base year
employer.
(3) An employing unit shall have access to any records
and information relating to any decision to allow or deny benefits if:
(a) The decision is based on employment or an offer of
employment with the employing unit; or
(b) If the decision is based on material information provided by the employing unit.
(4) An employing unit shall have access to general summaries of benefit claims by individuals whose benefits are
chargeable to the employing unit’s experience rating or reim50.13.040
[Title 50 RCW—page 27]
50.13.050
Title 50 RCW: Unemployment Compensation
bursement account. [2005 c 274 § 321; 1993 c 483 § 6; 1977
ex.s. c 153 § 4.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Conflict with federal requirements—Severability—1993 c 483: See
notes following RCW 50.04.293.
50.13.050 Access to records or information by interested party in proceeding before appeal tribunal or commissioner—Decisions not private and confidential, exception. (1) Any interested party, as defined by rule, in a proceeding before the appeal tribunal or commissioner shall
have access to any information or records deemed private and
confidential under this chapter if the information or records
are material to the issues in that proceeding.
(2) No decisions by the commissioner or the appeals tribunal shall be deemed private and confidential under this
chapter unless the decisions are based on information
obtained in a closed hearing. [1977 ex.s. c 153 § 5.]
50.13.050
50.13.060 Access to records or information by governmental agencies. (1) Governmental agencies, including
law enforcement agencies, prosecuting agencies, and the
executive branch, whether state, local, or federal shall have
access to information or records deemed private and confidential under this chapter if the information or records are
needed by the agency for official purposes and:
(a) The agency submits an application in writing to the
employment security department for the records or information containing a statement of the official purposes for which
the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other
official of the agency has verified the need for the specific
information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of
the application for records or information on the individual or
employing unit whose records or information are sought and
has provided the department with proof of service. Service
shall be made in a manner which conforms to the civil rules
for superior court. The requesting agency shall include with
the copy of the application a statement to the effect that the
individual or employing unit may contact the public records
officer of the employment security department to state any
objections to the release of the records or information. The
employment security department shall not act upon the application of the requesting agency until at least five days after
service on the concerned individual or employing unit. The
employment security department shall consider any objections raised by the concerned individual or employing unit in
deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this
section shall not apply to the state legislative branch. The
state legislature shall have access to information or records
deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information
or records are necessary and for official purposes. If the
employment security department does not make information
50.13.060
[Title 50 RCW—page 28]
or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16
RCW.
(3) In cases of emergency the governmental agency
requesting access shall not be required to formally comply
with the provisions of subsection (1) of this section at the
time of the request if the procedures required by subsection
(1) of this section are complied with by the requesting agency
following the receipt of any records or information deemed
private and confidential under this chapter. An emergency is
defined as a situation in which irreparable harm or damage
could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section
shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations
of criminal laws or to the release of employing unit names,
addresses, number of employees, and aggregate employer
wage data for the purpose of state governmental agencies preparing small business economic impact statements under
chapter 19.85 RCW or preparing cost-benefit analyses under
RCW 34.05.328(1) (c) and (d). Information provided by the
department and held to be private and confidential under state
or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or
releases such information to unauthorized parties is subject to
the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain
records or information, limited to such items as names,
addresses, social security numbers, and general information
about benefit entitlement or employer information possessed
by the department, for comparison purposes with records or
information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax
liability or employer compliance with registration and licensing requirements. In those cases the governmental agency
shall not be required to comply with subsection (1)(c) of this
section, but the requirements of the remainder of subsection
(1) of this section must be satisfied.
(6) Governmental agencies may have access to certain
records and information, limited to employer information
possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is
limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in
cases consistent with the purposes of chapter 50.38 RCW are
government agencies not required to comply with subsection
(1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information
provided by the department and held to be private and confidential under state or federal laws shall not be misused or
released to unauthorized parties subject to the sanctions in
RCW 50.13.080.
(7) Disclosure to governmental agencies of information
or records obtained by the employment security department
from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so
required by federal law. When federal law does not apply to
the records or information state law shall control.
(2008 Ed.)
Records and Information—Privacy and Confidentiality
(8) The department may provide information for purposes of statistical analysis and evaluation of the WorkFirst
program or any successor state welfare program to the department of social and health services, the office of financial
management, and other governmental entities with oversight
or evaluation responsibilities for the program in accordance
with RCW 43.20A.080. The confidential information provided by the department shall remain the property of the
department and may be used by the authorized requesting
agencies only for statistical analysis, research, and evaluation
purposes as provided in RCW 74.08A.410 and 74.08A.420.
The department of social and health services, the office of
financial management, or other governmental entities with
oversight or evaluation responsibilities for the program are
not required to comply with subsection (1)(c) of this section,
but the requirements of the remainder of subsection (1) of this
section and applicable federal laws and regulations must be
satisfied. The confidential information used for evaluation
and analysis of welfare reform supplied to the authorized
requesting entities with regard to the WorkFirst program or
any successor state welfare program are exempt from public
inspection and copying under chapter 42.56 RCW.
(9) The disclosure of any records or information by a
governmental agency which has obtained the records or
information under this section is prohibited unless the disclosure is (a) directly connected to the official purpose for which
the records or information were obtained or (b) to another
governmental agency which would be permitted to obtain the
records or information under subsection (4) or (5) of this section.
(10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have
access to records of the employment security department as
may be required for such studies. For such purposes, the
requirements of subsection (1)(c) of this section need not
apply.
(11)(a) To promote the reemployment of job seekers, the
commissioner may enter into data-sharing contracts with
partners of the one-stop career development system. The
contracts shall provide for the transfer of data only to the
extent that the transfer is necessary for the efficient provisions of workforce programs, including but not limited to
public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance,
and support services. The transfer of information under contracts with one-stop partners is exempt from subsection (1)(c)
of this section.
(b) An individual who applies for services from the
department and whose information will be shared under (a)
of this subsection (11) must be notified that his or her private
and confidential information in the department’s records will
be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must
advise the individual that he or she may request that private
and confidential information not be shared among the onestop partners and the department must honor the request. In
addition, the notice must:
(i) Advise the individual that if he or she requests that
private and confidential information not be shared among
(2008 Ed.)
50.13.060
one-stop partners, the request will in no way affect eligibility
for services;
(ii) Describe the nature of the information to be shared,
the general use of the information by one-stop partner representatives, and among whom the information will be shared;
(iii) Inform the individual that shared information will be
used only for the purpose of delivering one-stop services and
that further disclosure of the information is prohibited under
contract and is not subject to disclosure under chapter 42.56
RCW; and
(iv) Be provided in English and an alternative language
selected by the one-stop center or job service center as appropriate for the community where the center is located.
If the notice is provided in-person, the individual who
does not want private and confidential information shared
among the one-stop partners must immediately advise the
one-stop partner representative of that decision. The notice
must be provided to an individual who applies for services
telephonically, electronically, or by mail, in a suitable format
and within a reasonable time after applying for services,
which shall be no later than ten working days from the
department’s receipt of the application for services. A onestop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the
information may be shared.
(12) To facilitate improved operation and evaluation of
state programs, the commissioner may enter into data-sharing
contracts with other state agencies only to the extent that such
transfer is necessary for the efficient operation or evaluation
of outcomes for those programs. The transfer of information
by contract under this subsection is exempt from subsection
(1)(c) of this section.
(13) The misuse or unauthorized release of records or
information by any person or organization to which access is
permitted by this chapter subjects the person or organization
to a civil penalty of five thousand dollars and other applicable
sanctions under state and federal law. Suit to enforce this
section shall be brought by the attorney general and the
amount of any penalties collected shall be paid into the
employment security department administrative contingency
fund. The attorney general may recover reasonable attorneys’ fees for any action brought to enforce this section.
[2008 c 120 § 6; 2005 c 274 § 322; 2003 c 165 § 3; 2000 c 134
§ 2. Prior: 1997 c 409 § 605; 1997 c 58 § 1004; 1996 c 79 §
1; 1993 c 281 § 59; 1981 c 177 § 1; 1979 ex.s. c 177 § 1; 1977
ex.s. c 153 § 6.]
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—2000 c 134: "The legislature finds that individuals in need
of employment and related services would be better served by integrating
employment and training services to form a comprehensive network of state
and local programs, called a one-stop career development system. Successful integration of employment and training services demands prompt and
efficient exchange of information among service providers. The legislature
further finds that efficient operation of state programs and their evaluation
demand at times information held by the employment security department.
Current restrictions on information exchange hamper this coordination,
resulting in increased administrative costs, reduced levels of service, and
fewer positive outcomes than could otherwise be achieved." [2000 c 134 §
1.]
[Title 50 RCW—page 29]
50.13.070
Title 50 RCW: Unemployment Compensation
Conflict with federal requirements—2000 c 134: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2000 c 134
§ 4.]
Severability—2000 c 134: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 134 § 5.]
Effective date—1997 c 409 § 605: "Section 605 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 19, 1997]." [1997 c 409 § 608.]
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Conflict with federal requirements—1996 c 79: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1996 c 79 § 3.]
Effective date—1996 c 79: "This act shall take effect July 1, 1996."
[1996 c 79 § 4.]
Effective date—1993 c 281: See note following RCW 41.06.022.
50.13.070 Availability of records or information to
parties to judicial or administrative proceedings—Discovery proceedings—Subpoenas. Information or records
deemed private and confidential under this chapter shall be
available to parties to judicial or formal administrative proceedings only upon a finding by the presiding officer that the
need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the
information or records. Information or records deemed private and confidential under this chapter shall not be available
in discovery proceedings unless the court in which the action
has been filed has made the finding specified above. A judicial or administrative subpoena directed to the employment
security department must contain this finding. A subpoena
for records or information held by the department may be
directed to and served upon any employee of the department,
but the department may specify by rule which employee shall
produce the records or information in compliance with the
subpoena. [1977 ex.s. c 153 § 7.]
50.13.070
50.13.080 Disclosure of records or information to
private persons or organizations contracting to assist in
operation and management of department—Penalties.
(1) The employment security department shall have the right
to disclose information or records deemed private and confidential under this chapter to any private person or organization when such disclosure is necessary to permit private contracting parties to assist in the operation and management of
50.13.080
[Title 50 RCW—page 30]
the department in instances where certain departmental functions may be delegated to private parties to increase the
department’s efficiency or quality of service to the public.
The private persons or organizations shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of
privacy and confidentiality as employment security department employees.
(2) Nothing in this section shall be construed as limiting
or restricting the effect of RCW 42.56.070(9).
(3) The misuse or unauthorized release of records or
information deemed private and confidential under this chapter by any private person or organization to which access is
permitted by this section shall subject the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce
this section shall be brought by the attorney general and the
amount of any penalties collected shall be paid into the
employment security department administrative contingency
fund. The attorney general may recover reasonable attorneys’ fees for any action brought to enforce this section.
[2005 c 274 § 323; 1996 c 79 § 2; 1977 ex.s. c 153 § 8.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Conflict with federal requirements—Effective date—1996 c 79: See
notes following RCW 50.13.060.
50.13.090 Disclosure of records or information to
contracting governmental or private organizations.
Where the employment security department contracts to provide services to other governmental or private organizations,
the department may disclose to those organizations information or records deemed private and confidential which have
been acquired in the performance of the department’s obligations under the contracts. [1977 ex.s. c 153 § 9.]
50.13.090
50.13.100 Disclosure of records or information
where identifying details deleted or individual or employing unit consents. Nothing in this chapter shall prevent the
disclosure of information or records deemed private and confidential under this chapter if all details identifying an individual or employing unit are deleted or the individual or
employing unit consents to the disclosure. [1977 ex.s. c 153
§ 10.]
50.13.100
50.13.900 Construction. Any ambiguities in this chapter shall be construed in a manner consistent with federal
laws applying to the employment security department. If any
provision of this chapter or the application thereof is held
invalid by a final decision of any court or declared by the secretary of the department of labor of the United States to be
inconsistent with federal laws upon which funding of the
employment security department is contingent, the invalid or
inconsistent provision shall be ineffective only to the extent
necessary to insure compliance with the court decision or
federal determination and the remainder of the chapter shall
be given full effect. [1977 ex.s. c 153 § 11.]
50.13.900
50.13.905 Severability—1977 ex.s. c 153. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the applica50.13.905
(2008 Ed.)
Funds
tion of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 153 § 13.]
50.13.910 Legislative designation and placement.
Sections 1 through 11 of this act shall constitute a new chapter in Title 50 RCW and shall be designated as chapter 50.13
RCW. [1977 ex.s. c 153 § 14.]
50.13.910
Chapter 50.16
Chapter 50.16 RCW
FUNDS
Sections
50.16.010
50.16.015
50.16.020
50.16.030
50.16.040
50.16.050
50.16.060
50.16.070
50.16.080
Unemployment compensation fund—Administrative contingency fund—Federal interest payment fund.
Federal interest payment fund—Establishment.
Administration of funds—Accounts.
Withdrawals from federal unemployment trust fund.
Management of funds upon discontinuance of federal unemployment trust fund.
Unemployment compensation administration fund.
Replacement of federal funds.
Federal interest payment fund—Employer contributions—
When payable—Maximum rate—Deduction from remuneration unlawful.
Federal targeted jobs tax credit program—Administration—
Processing fee—Deposit of fees.
50.16.010 Unemployment compensation fund—
Administrative contingency fund—Federal interest payment fund. (1) There shall be maintained as special funds,
separate and apart from all public moneys or funds of this
state an unemployment compensation fund, an administrative
contingency fund, and a federal interest payment fund, which
shall be administered by the commissioner exclusively for
the purposes of this title, and to which RCW 43.01.050 shall
not be applicable.
(2)(a) The unemployment compensation fund shall consist of:
(i) All contributions collected under RCW 50.24.010 and
payments in lieu of contributions collected pursuant to the
provisions of this title;
(ii) Any property or securities acquired through the use
of moneys belonging to the fund;
(iii) All earnings of such property or securities;
(iv) Any moneys received from the federal unemployment account in the unemployment trust fund in accordance
with Title XII of the social security act, as amended;
(v) All money recovered on official bonds for losses sustained by the fund;
(vi) All money credited to this state’s account in the
unemployment trust fund pursuant to section 903 of the
social security act, as amended;
(vii) All money received from the federal government as
reimbursement pursuant to section 204 of the federal-state
extended compensation act of 1970 (84 Stat. 708-712; 26
U.S.C. Sec. 3304); and
(viii) All moneys received for the fund from any other
source.
(b) All moneys in the unemployment compensation fund
shall be commingled and undivided.
(3)(a) Except as provided in (b) of this subsection, the
administrative contingency fund shall consist of:
(i) All interest on delinquent contributions collected pursuant to this title;
50.16.010
(2008 Ed.)
50.16.010
(ii) All fines and penalties collected pursuant to the provisions of this title;
(iii) All sums recovered on official bonds for losses sustained by the fund; and
(iv) Revenue received under RCW 50.24.014.
(b) All fees, fines, forfeitures, and penalties collected or
assessed by a district court because of the violation of this
title or rules adopted under this title shall be remitted as provided in chapter 3.62 RCW.
(c) During the 2007-2009 biennium, moneys available in
the administrative contingency fund, other than money in the
special account created under RCW 50.24.014(1)(a), shall be
expended as appropriated by the legislature for the (i) cost of
the job skills program at the community and technical colleges, and (ii) reemployment services such as business and
project development assistance, local economic development
capacity building, and local economic development financial
assistance at the department of community, trade, and economic development, and the remaining appropriation upon
the direction of the commissioner, with the approval of the
governor, whenever it appears to him or her that such expenditure is necessary solely for:
(i) The proper administration of this title and that insufficient federal funds are available for the specific purpose to
which such expenditure is to be made, provided, the moneys
are not substituted for appropriations from federal funds
which, in the absence of such moneys, would be made available.
(ii) The proper administration of this title for which purpose appropriations from federal funds have been requested
but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested
federal appropriation.
(iii) The proper administration of this title for which
compliance and audit issues have been identified that establish federal claims requiring the expenditure of state
resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide
substitute services or program support; and last priority is the
direct payment of funds to the federal government.
Money in the special account created under RCW
50.24.014(1)(a) may only be expended, after appropriation,
for the purposes specified in this section and RCW
50.62.010, 50.62.020, 50.62.030, 50.24.014, 50.44.053, and
50.22.010. [2008 c 329 § 915; 2007 c 327 § 4; 2006 c 13 §
18. Prior: 2005 c 518 § 933; prior: 2003 2nd sp.s. c 4 § 23;
2003 1st sp.s. c 25 § 925; 2002 c 371 § 914; prior: 1993 c 483
§ 7; 1993 c 226 § 10; 1993 c 226 § 9; 1991 sp.s. c 13 § 59;
1987 c 202 § 218; 1985 ex.s. c 5 § 6; 1983 1st ex.s. c 13 § 5;
1980 c 142 § 1; 1977 ex.s. c 292 § 24; 1973 c 73 § 4; 1969
ex.s. c 199 § 27; 1959 c 170 § 1; 1955 c 286 § 2; 1953 ex.s. c
8 § 5; 1945 c 35 § 60; Rem. Supp. 1945 § 9998-198; prior:
1943 c 127 § 6; 1941 c 253 §§ 7, 10; 1939 c 214 § 11; 1937 c
162 § 13.]
Severability—Effective date—2008 c 329: See notes following RCW
28B.105.110.
Severability—Conflict with federal requirements—Effective date—
2007 c 327: See notes following RCW 50.24.014.
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
[Title 50 RCW—page 31]
50.16.015
Title 50 RCW: Unemployment Compensation
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Conflict with federal requirements—1983 1st ex.s. c 13: See note following RCW 50.22.100.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Conflict with federal requirements—Severability—1993 c 483: See
notes following RCW 50.04.293.
Effective dates—1993 c 226 §§ 10, 12, and 14: "(1) Sections 10 and
12 of this act shall take effect June 30, 1999;
(2) Section 14 of this act shall take effect January 1, 1998." [1993 c
226 § 20.]
Conflict with federal requirements—1993 c 226: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1993 c 226 § 21.]
Severability—1993 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 226 § 22.]
Application—1993 c 226: "This act applies to tax rate years beginning
with tax rate year 1994." [1993 c 226 § 23.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Intent—1987 c 202: See note following RCW 2.04.190.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: "If any part
of this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal
funds by the state." [1983 1st ex.s. c 13 § 13.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.16.015 Federal interest payment fund—Establishment. A separate and identifiable fund to provide for the
payment of interest on advances received from this state’s
account in the federal unemployment trust fund shall be
established and administered under the direction of the commissioner. This fund shall be known as the federal interest
payment fund and shall consist of contributions paid under
RCW 50.16.070. All money in this fund shall be expended
solely for the payment of interest on advances received from
this state’s account in the federal unemployment trust fund
and for no other purposes whatsoever. [2006 c 13 § 19.
Prior: 2003 2nd sp.s. c 4 § 24; 1983 1st ex.s. c 13 § 6.]
50.16.015
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
[Title 50 RCW—page 32]
50.16.020 Administration of funds—Accounts. The
commissioner shall designate a treasurer and custodian of the
unemployment compensation fund and of the administrative
contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue
his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. The treasurer and
custodian shall maintain within the unemployment compensation fund three separate accounts as follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation
fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer, who shall immediately deposit them
in the clearing account. Refunds payable pursuant to the provisions of this title from the unemployment compensation
fund may be paid from the clearing account upon warrants
issued by the treasurer under the direction of the commissioner: PROVIDED, HOWEVER, That refunds of interest or
penalties on delinquent contributions shall be paid from the
administrative contingency fund upon warrants issued by the
treasurer under the direction of the commissioner.
After clearance thereof, all other moneys in the clearing
account shall be immediately deposited with the Secretary of
the Treasury of the United States to the credit of the account
of this state in the unemployment trust fund, established and
maintained pursuant to section 904 of the social security act,
as amended, any provisions of law in this state relating to the
deposit, administration, release, or disbursement of moneys
in the possession or custody of this state to the contrary notwithstanding.
The benefit account shall consist of all moneys requisitioned from this state’s account in the unemployment trust
fund. Moneys in the clearing and benefit accounts and in the
administrative contingency fund shall not be commingled
with other state funds, but shall be deposited by the treasurer,
under the direction of the commissioner, in any bank or public depository in which general funds of the state may be
deposited, but no public deposit insurance charge or premium
shall be paid out of the fund.
Such moneys shall be secured by said bank or public
depository to the same extent and in the same manner as
required by the general depository law of the state and collateral pledged shall be maintained in a separate custody
account.
The treasurer shall give a bond conditioned upon the
faithful performance of his or her duties as a custodian of the
funds in an amount fixed by the director of the department of
general administration and in a form prescribed by law or
approved by the attorney general. Premiums for said bond
shall be paid from the administration fund. All sums recovered on official bonds for losses sustained by the unemployment compensation fund shall be deposited in such fund. All
sums recovered on official bonds for losses sustained by the
administrative contingency fund shall be deposited in such
50.16.020
(2008 Ed.)
Funds
fund. [1993 c 226 § 12; 1993 c 226 § 11; 1983 1st ex.s. c 23
§ 10; 1975 c 40 § 12; 1953 ex.s. c 8 § 6; 1945 c 35 § 61; Rem.
Supp. 1945 § 9998-199. Prior: 1943 c 126 §§ 6, 9; 1939 c
214 § 11; 1937 c 162 § 13.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
50.16.030 Withdrawals from federal unemployment
trust fund. (1)(a) Except as provided in (b) of this subsection, moneys shall be requisitioned from this state’s account
in the unemployment trust fund solely for the payment of
benefits and repayment of loans from the federal government
to guarantee solvency of the unemployment compensation
fund in accordance with regulations prescribed by the commissioner, except that money credited to this state’s account
pursuant to section 903 of the social security act, as amended,
shall be used exclusively as provided in RCW 50.16.030(5).
The commissioner shall from time to time requisition from
the unemployment trust fund such amounts, not exceeding
the amounts standing to its account therein, as he or she
deems necessary for the payment of benefits for a reasonable
future period. Upon receipt thereof the treasurer shall deposit
such moneys in the benefit account and shall issue his or her
warrants for the payment of benefits solely from such benefits account.
(b) Moneys for the payment of regular benefits as
defined in RCW 50.22.010 shall be requisitioned during fiscal year 2006 in the following order:
(i) First, from the moneys credited to this state’s account
in the unemployment trust fund pursuant to section 903 of the
social security act, as amended in section 209 of the temporary extended unemployment compensation act of 2002 (42
U.S.C. Sec. 1103(d)), the amount equal to the amount of benefits charged that exceed the contributions paid in the four
consecutive calendar quarters ending on June 30, 2006,
because the social cost factor contributions that employers
are subject to under RCW 50.29.025(2)(b)(ii)(B) are less than
the social cost factor contributions that these employers
would have been subject to if RCW 50.29.025(2)(b)(ii)(A)
had applied to these employers; and
(ii) Second, after the requisitioning required under (b)(i)
of this subsection, from all other moneys credited to this
state’s account in the unemployment trust fund.
(2) Expenditures of such moneys in the benefit account
and refunds from the clearing account shall not be subject to
any provisions of law requiring specific appropriations or
other formal release by state officers of money in their custody, and RCW 43.01.050, as amended, shall not apply. All
warrants issued by the treasurer for the payment of benefits
and refunds shall bear the signature of the treasurer and the
countersignature of the commissioner, or his or her duly
authorized agent for that purpose.
(3) Any balance of moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in
the benefit account after the expiration of the period for
50.16.030
(2008 Ed.)
50.16.030
which sums were requisitioned shall either be deducted from
estimates for, and may be utilized for the payment of, benefits
during succeeding periods, or in the discretion of the commissioner, shall be redeposited with the secretary of the treasury of the United States of America to the credit of this
state’s account in the unemployment trust fund.
(4) Money credited to the account of this state in the
unemployment trust fund by the secretary of the treasury of
the United States of America pursuant to section 903 of the
social security act, as amended, may be requisitioned and
used for the payment of expenses incurred for the administration of this title pursuant to a specific appropriation by the
legislature, provided that the expenses are incurred and the
money is requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which such money is
appropriated and the amounts appropriated therefor;
(b) Limits the period within which such money may be
obligated to a period ending not more than two years after the
date of the enactment of the appropriation law; and
(c) Limits the amount which may be obligated during a
twelve-month period beginning on July 1st and ending on the
next June 30th to an amount which does not exceed the
amount by which (i) the aggregate of the amounts credited to
the account of this state pursuant to section 903 of the social
security act, as amended, during the same twelve-month
period and the thirty-four preceding twelve-month periods,
exceeds (ii) the aggregate of the amounts obligated pursuant
to RCW 50.16.030 (4), (5) and (6) and charged against the
amounts credited to the account of this state during any of
such thirty-five twelve-month periods. For the purposes of
RCW 50.16.030 (4), (5) and (6), amounts obligated during
any such twelve-month period shall be charged against
equivalent amounts which were first credited and which are
not already so charged; except that no amount obligated for
administration during any such twelve-month period may be
charged against any amount credited during such a twelvemonth period earlier than the thirty-fourth twelve-month
period preceding such period: PROVIDED, That any amount
credited to this state’s account under section 903 of the social
security act, as amended, which has been appropriated for
expenses of administration, whether or not withdrawn from
the trust fund shall be excluded from the unemployment compensation fund balance for the purpose of experience rating
credit determination.
(5) Money credited to the account of this state pursuant
to section 903 of the social security act, as amended, may not
be withdrawn or used except for the payment of benefits and
for the payment of expenses of administration and of public
employment offices pursuant to RCW 50.16.030 (4), (5) and
(6). However, moneys credited because of excess amounts in
federal accounts in federal fiscal years 1999, 2000, and 2001
shall be used solely for the administration of the unemployment compensation program and are not subject to appropriation by the legislature for any other purpose.
(6) Money requisitioned as provided in RCW 50.16.030
(4), (5) and (6) for the payment of expenses of administration
shall be deposited in the unemployment compensation fund,
but until expended, shall remain a part of the unemployment
compensation fund. The commissioner shall maintain a separate record of the deposit, obligation, expenditure and return
[Title 50 RCW—page 33]
50.16.040
Title 50 RCW: Unemployment Compensation
of funds so deposited. Any money so deposited which either
will not be obligated within the period specified by the appropriation law or remains unobligated at the end of the period,
and any money which has been obligated within the period
but will not be expended, shall be returned promptly to the
account of this state in the unemployment trust fund. [2006 c
13 § 7; 2005 c 133 § 6; 1999 c 36 § 1; 1983 1st ex.s. c 7 § 1;
1973 c 6 § 1; 1969 ex.s. c 201 § 1; 1959 c 170 § 2; 1945 c 35
§ 62; Rem. Supp. 1945 § 9998-200. Prior: 1943 c 127 § 6;
1941 c 253 § 7.]
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Findings—Intent—Conflict with federal requirements—Effective
date—2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized—2005 c 133: See note following
RCW 50.01.010.
Conflict with federal requirements—1999 c 36: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [1999 c 36
§ 2.]
made available to the commissioner. All moneys in this fund
shall be expended solely for the purpose of defraying the cost
of the administration of this title, and for no other purpose
whatsoever. All moneys received from the United States of
America, or any agency thereof, for said purpose pursuant to
section 302 of the social security act, as amended, shall be
expended solely for the purposes and in the amounts found
necessary by the secretary of labor for the proper and efficient administration of this title. All moneys received from
the United States employment service, United States department of labor, for said purpose pursuant to the act of congress
approved June 6, 1933, as amended or supplemented by any
other act of congress, shall be expended solely for the purposes and in the amounts found necessary by the secretary of
labor for the proper and efficient administration of the public
employment office system of this state. The unemployment
compensation administration fund shall consist of all moneys
received from the United States of America or any department or agency thereof, or from any other source, for such
purpose. All moneys in this fund shall be deposited, administered, and disbursed by the treasurer of the unemployment
compensation fund under rules and regulations of the commissioner and none of the provisions of RCW 43.01.050 shall
be applicable to this fund. The treasurer last named shall be
the treasurer of the unemployment compensation administration fund and shall give a bond conditioned upon the faithful
performance of his duties in connection with that fund. All
sums recovered on the official bond for losses sustained by
the unemployment compensation administration fund shall
be deposited in said fund.
(2) Notwithstanding any provision of this section:
(a) All money requisitioned and deposited in this fund
pursuant to RCW 50.16.030(6) shall remain part of the unemployment compensation fund and shall be used only in accordance with the conditions specified in RCW 50.16.030 (4),
(5) and (6).
(b) All money deposited in this fund pursuant to RCW
50.38.065 shall be used only after appropriation and only for
the purposes of RCW 50.38.060. [1993 c 62 § 8; 1959 c 170
§ 3; 1947 c 215 § 13; 1945 c 35 § 64; Rem. Supp. 1947 §
9998-202. Prior: 1941 c 253 § 7; 1939 c 214 § 11; 1937 c 162
§ 13.]
50.16.040 Management of funds upon discontinuance of federal unemployment trust fund. The provisions
of this title, to the extent that they relate to the unemployment
trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary
of the treasury of the United States of America continues to
maintain for this state a separate book account of all funds
deposited therein for this state for benefit purposes, together
with this state’s proportionate share of the earnings of such
unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment
trust fund ceases to exist, or such separate book account is no
longer maintained, all moneys, properties or securities
therein, belonging to the unemployment compensation fund
of this state shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or
securities in a manner approved by the commissioner, in
accordance with the provisions of this title: PROVIDED,
That such moneys shall be invested in the following readily
marketable classes of securities: Bonds or other interest
bearing obligations of the United States of America: AND
PROVIDED FURTHER, That such investment shall at all
times be made so that all the assets of the fund shall always
be readily convertible into cash when needed for the payment
of benefits. The treasurer shall dispose of securities or other
properties belonging to the unemployment compensation
fund only under the direction of the commissioner. [1945 c
35 § 63; Rem. Supp. 1945 § 9998-201. Prior: 1941 c 253 §
7.]
50.16.060 Replacement of federal funds. The state of
Washington hereby pledges that it will replace within a reasonable time any moneys paid to this state under Title III of
the social security act, and the Wagner-Peyser act, which,
because of any action or contingency, have been lost or have
been expended for purposes other than, or in amounts in
excess of, those found necessary by the secretary of labor for
the proper administration of the Washington employment
security act. [1959 c 170 § 4; 1945 c 35 § 67; Rem. Supp.
1945 § 9998-205.]
50.16.050 Unemployment compensation administration fund. (1) There is hereby established a fund to be
known as the unemployment compensation administration
fund. Except as otherwise provided in this section, all moneys which are deposited or paid into this fund are hereby
50.16.070 Federal interest payment fund—Employer
contributions—When payable—Maximum rate—Deduction from remuneration unlawful. The federal interest payment fund shall consist of contributions payable by each
employer (except employers as described in RCW 50.44.010
50.16.040
50.16.050
[Title 50 RCW—page 34]
Conflict with federal requirements—Effective date—1993 c 62: See
RCW 50.38.901 and 50.38.902.
50.16.060
50.16.070
(2008 Ed.)
Benefits and Claims
and 50.44.030 who have properly elected to make payments
in lieu of contributions, employers who are required to make
payments in lieu of contributions, and employers paying contributions under RCW 50.44.035) for any calendar quarter
which begins on or after January 1, 1984, and for which the
commissioner determines that the department will have an
outstanding balance of accruing federal interest at the end of
the calendar quarter. The amount of wages subject to tax shall
be determined according to RCW 50.24.010. The tax rate
applicable to wages paid during the calendar quarter shall be
determined by the commissioner and shall not exceed fifteen
one-hundredths of one percent. In determining whether to
require contributions as authorized by this section, the commissioner shall consider the current balance in the federal
interest payment fund and the projected amount of interest
which will be due and payable as of the following September
30. Except as appropriated for the fiscal biennium ending
June 30, 1991, any excess moneys in the federal interest payment fund shall be retained in the fund for future interest payments.
Contributions under this section shall become due and be
paid by each employer in accordance with such rules as the
commissioner may prescribe and shall not be deducted, in
whole or in part, from the remuneration of individuals in the
employ of the employer. Any deduction in violation of this
section is unlawful.
In the payment of any contributions under this section, a
fractional part of a cent shall be disregarded unless it amounts
to one-half cent or more, in which case it shall be increased to
one cent. [1989 1st ex.s. c 19 § 811; 1988 c 289 § 710; 1983
1st ex.s. c 13 § 7.]
Severability—1989 1st ex.s. c 19: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 19 § 817.]
Effective date—1989 1st ex.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 1st ex.s. c 19 § 818.]
Severability—1988 c 289: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 289 § 803.]
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
Legislative finding—1988 c 84: "The legislature finds that:
(1) The employment security department through the targeted jobs tax
credit program has the responsibility to issue federal tax credit certifications
to Washington state employers. The tax credit certification allows the
employer to claim a credit against federal income tax for wages paid during
the first year to employees who qualify for the program.
(2) To the extent that funding is available, the department, through the
federal targeted jobs tax credit program, provides service to employers in the
form of technical assistance and training, program marketing, monitoring,
and maintenance of records and processing of documents that may result in
a certification which allows employers to claim a federal tax credit.
(3) The United States Congress through the Tax Reform Act of 1986
reauthorized the targeted jobs tax credit but did not include funds to cover the
costs of processing employer requests for federal tax credit certifications.
(4) The state has a vital interest in the economic benefits employers
realize from the targeted jobs tax credit because the economic competitiveness of Washington state is enhanced as tax credit savings are reinvested in
the state’s economy.
(5) The departments of corrections, social and health services, and veterans affairs, and the superintendent of public instruction, along with
employment security and other state service providers, utilize the targeted
jobs tax credit program as an incentive for employers to hire hard-to-place
clients.
(6) Economically disadvantaged youth, Vietnam-era veterans, ex-felons, and vocational rehabilitation, supplemental security income, general
assistance and AFDC recipients have an especially difficult time in obtaining
employment." [1988 c 84 § 1.]
Conflict with federal requirements—1988 c 84: "If any part of this
act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of
such conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements which are a necessary condition to the receipt of federal funds
by the state." [1988 c 84 § 3.]
Severability—1988 c 84: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1988 c 84 § 4.]
Effective date—1988 c 84: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March 1,
1988." [1988 c 84 § 6.] This act was signed by the governor March 16,
1988.
Chapter 50.20
(2008 Ed.)
Chapter 50.20 RCW
BENEFITS AND CLAIMS
Sections
50.20.010
50.20.011
50.20.012
50.20.020
50.20.041
50.16.080
50.16.080 Federal targeted jobs tax credit program—Administration—Processing fee—Deposit of fees.
The cost of administering the federal targeted jobs tax credit
program shall be fully borne by the employers requesting the
credits. The commissioner shall establish the amount of the
processing fee and procedures for collecting the fee. The
commissioner shall establish the processing fee at a sufficient
level to defray the costs of administering the federal targeted
jobs tax credit program. The fee shall be established by the
commissioner by rule. However, if federal funding is provided to finance such services, the commissioner shall revise
or eliminate this fee based on the amount of federal funding
received. Fees received for processing shall be deposited in a
special account in the unemployment compensation administration fund. [1988 c 84 § 2.]
Chapter 50.20
50.20.042
50.20.043
50.20.044
50.20.050
50.20.060
50.20.065
50.20.066
50.20.070
50.20.080
50.20.085
50.20.090
50.20.095
50.20.098
50.20.099
Benefit eligibility conditions.
Profiling system to identify individuals likely to exhaust benefits—Confidentiality of information—Penalty.
Rules—1995 c 381.
Waiting period credit limitation.
Health care professionals who have contracted hepatitis C—
Training.
Unemployed aerospace workers—Training.
Training provision.
Ineligibility for benefits for failure to attend job search workshop or training course.
Disqualification for leaving work voluntarily without good
cause.
Disqualification from benefits due to misconduct.
Cancellation of hourly wage credits due to felony or gross misdemeanor.
Disqualification from benefits due to misconduct—Cancellation of hourly wage credits due to gross misconduct.
Disqualification for misrepresentation—Penalties.
Disqualification for refusal to work.
Disqualification for receipt of industrial insurance disability
benefits.
Strike or lockout disqualification—When inapplicable.
Disqualification for attending school or institution of higher
education.
Services performed by alien.
Training benefits—Eligibility to work in the United States.
[Title 50 RCW—page 35]
50.20.010
50.20.100
50.20.110
50.20.113
50.20.115
50.20.117
50.20.118
50.20.119
50.20.120
50.20.130
50.20.140
50.20.150
50.20.160
50.20.170
50.20.180
50.20.190
50.20.191
50.20.192
50.20.193
50.20.195
50.20.200
50.20.210
50.20.220
50.20.230
50.20.240
50.20.250
Title 50 RCW: Unemployment Compensation
Suitable work factors.
Suitable work exceptions.
Unemployment of sport or athletic event participant during
period between sport seasons.
Unemployment due to vacation.
Jury service.
Unemployment while in approved training.
Part-time workers.
Amount of benefits.
Deduction from weekly benefit amount.
Filing applications and claims—Definitions.
Notice of application or claim.
Redetermination.
Payment of benefits.
Denial of benefits.
Recovery of benefit payments.
Authority to compromise benefit overpayments.
Collection of benefit overpayments, limitation of actions.
Chargeoff of uncollectible benefit overpayments.
Assessed interest—Use.
Nonliability of state.
Notification of availability of basic health plan.
Federal income tax deduction and withholding—Notice—
Rules.
Electronic labor exchange system.
Job search monitoring.
Finding—Self-employment assistance program—Rules.
Environmental restoration job training: RCW 43.21J.060 and 43.21J.070.
50.20.010 Benefit eligibility conditions. (1) An unemployed individual shall be eligible to receive waiting period
credits or benefits with respect to any week in his or her eligibility period only if the commissioner finds that:
(a) He or she has registered for work at, and thereafter
has continued to report at, an employment office in accordance with such regulation as the commissioner may prescribe, except that the commissioner may by regulation waive
or alter either or both of the requirements of this subdivision
as to individuals attached to regular jobs and as to such other
types of cases or situations with respect to which the commissioner finds that the compliance with such requirements
would be oppressive, or would be inconsistent with the purposes of this title;
(b) He or she has filed an application for an initial determination and made a claim for waiting period credit or for
benefits in accordance with the provisions of this title;
(c) He or she is able to work, and is available for work in
any trade, occupation, profession, or business for which he or
she is reasonably fitted.
(i) With respect to claims that have an effective date
before January 4, 2004, to be available for work an individual
must be ready, able, and willing, immediately to accept any
suitable work which may be offered to him or her and must be
actively seeking work pursuant to customary trade practices
and through other methods when so directed by the commissioner or the commissioner’s agents.
(ii) With respect to claims that have an effective date on
or after January 4, 2004, to be available for work an individual must be ready, able, and willing, immediately to accept
any suitable work which may be offered to him or her and
must be actively seeking work pursuant to customary trade
practices and through other methods when so directed by the
commissioner or the commissioner’s agents. If a labor agreement or dispatch rules apply, customary trade practices must
be in accordance with the applicable agreement or rules;
(d) He or she has been unemployed for a waiting period
of one week;
50.20.010
[Title 50 RCW—page 36]
(e) He or she participates in reemployment services if the
individual has been referred to reemployment services pursuant to the profiling system established by the commissioner
under RCW 50.20.011, unless the commissioner determines
that:
(i) The individual has completed such services; or
(ii) There is justifiable cause for the claimant’s failure to
participate in such services; and
(f) As to weeks beginning after March 31, 1981, which
fall within an extended benefit period as defined in RCW
50.22.010, the individual meets the terms and conditions of
RCW 50.22.020 with respect to benefits claimed in excess of
twenty-six times the individual’s weekly benefit amount.
(2) An individual’s eligibility period for regular benefits
shall be coincident to his or her established benefit year. An
individual’s eligibility period for additional or extended benefits shall be the periods prescribed elsewhere in this title for
such benefits. [2006 c 13 § 10. Prior: 2003 2nd sp.s. c 4 § 3;
1995 c 381 § 1; 1981 c 35 § 3; 1973 c 73 § 6; 1970 ex.s. c 2 §
4; 1959 c 266 § 3; 1953 ex.s. c 8 § 7; 1951 c 265 § 9; 1951 c
215 § 11; 1949 c 214 § 9; 1945 c 35 § 68; Rem. Supp. 1949 §
9998-206; prior: 1943 c 127 § 2; 1941 c 253 §§ 1, 2; 1939 c
214 § 2; 1937 c 162 § 4.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1995 c 381: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 381 § 5.]
Effective date—1995 c 381: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 16, 1995]." [1995 c 381 § 6.]
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Severability—1951 c 265: See note following RCW 50.98.070.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.011 Profiling system to identify individuals
likely to exhaust benefits—Confidentiality of information—Penalty. (1) The commissioner shall establish and use
a profiling system for new claimants for regular compensation under this title that identifies permanently separated
workers who are likely to exhaust regular compensation and
will need job search assistance services to make a successful
transition to new employment. The profiling system shall use
a combination of individual characteristics and labor market
information to assign each individual a unique probability of
benefit exhaustion. Individuals identified as likely to exhaust
50.20.011
(2008 Ed.)
Benefits and Claims
benefits shall be referred to reemployment services, such as
job search assistance services, to the extent such services are
available at public expense.
(2) The profiling system shall include collection and
review of follow-up information relating to the services
received by individuals under this section and the employment outcomes for the individuals following receipt of the
services. The information shall be used in making profiling
identifications.
(3) In carrying out reviews of individuals receiving services, the department may contract with public or private
entities and may disclose information or records necessary to
permit contracting entities to assist in the operation and management of department functions. Any information or records
disclosed to public or private entities shall be used solely for
the purposes for which the information was disclosed and the
entity shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized disclosure of information or records deemed private and
confidential under chapter 50.13 RCW by any person or
organization to which access is permitted by this section shall
subject the person or organization to a civil penalty of five
thousand dollars and other applicable sanctions under state
and federal law. Suit to enforce this section shall be brought
by the attorney general and the amount of any penalties collected shall be paid into the employment security department
administrative contingency fund. The attorney general may
recover reasonable attorneys’ fees for any action brought to
enforce this section. [1995 c 381 § 2.]
Conflict with federal requirements—Effective date—1995 c 381:
See notes following RCW 50.20.010.
50.20.012 Rules—1995 c 381. The commissioner may
adopt rules as necessary to implement the 1995 c 381 §§ 1
and *3 amendments to RCW 50.20.010 and 50.20.043 and
50.20.011, including but not limited to definitions, eligibility
standards, program review criteria and procedures, and provisions necessary to comply with applicable federal laws and
regulations that are a condition to receipt of federal funds by
the state or the granting of federal unemployment tax credits
to employers in this state. [1995 c 381 § 4.]
50.20.012
*Reviser’s note: Section 3 of this act (amendment to RCW 50.20.043)
was vetoed by the governor.
Conflict with federal requirements—Effective date—1995 c 381:
See notes following RCW 50.20.010.
50.20.020 Waiting period credit limitation. No week
shall be counted as a waiting period week,
(1) if benefits have been paid with respect thereto, and
(2) unless the individual was otherwise eligible for benefits with respect thereto, and
(3) unless it occurs within the benefit year which
includes the week with respect to which he claims payment of
benefits. [1949 c 214 § 10; 1945 c 35 § 69; Rem. Supp. 1949
§ 9998-207.]
50.20.020
50.20.041 Health care professionals who have contracted hepatitis C—Training. (1) Credentialed health care
professionals listed in RCW 18.130.040 shall be deemed to
be dislocated workers for the purpose of commissioner
approval of training under RCW 50.20.043 if they are unem50.20.041
(2008 Ed.)
50.20.044
ployed as a result of contracting hepatitis C in the course of
employment and are unable to continue to work in their profession because of a significant risk that such work would
pose to other persons and that risk cannot be eliminated.
(2) For purposes of subsection (1) of this section, a
health care professional who was employed on a full-time
basis in their profession shall be presumed to have contracted
hepatitis C in the course of employment. This presumption
may be rebutted by a preponderance of the evidence that
demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to
employment. [2003 c 273 § 4.]
50.20.042 Unemployed aerospace workers—Training. Aerospace workers unemployed as the result of downsizing and restructuring of the aerospace industry will be
deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043. [1993 c
226 § 7.]
50.20.042
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
50.20.043 Training provision. No otherwise eligible
individual shall be denied benefits for any week because the
individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with
respect to any week in which the individual is satisfactorily
progressing in a training program with the approval of the
commissioner by reason of the application of RCW
50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply
for or refusal to accept suitable work.
An individual who the commissioner determines to be a
dislocated worker as defined by RCW 50.04.075 and who is
satisfactorily progressing in a training program approved by
the commissioner shall be considered to be in training with
the approval of the commissioner. [2003 2nd sp.s. c 4 § 30;
1985 c 40 § 1; 1984 c 181 § 2; 1971 c 3 § 12.]
50.20.043
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1985 c 40: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 40 § 2.]
Severability—1985 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 40 § 3.]
Effective date—1985 c 40: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 40 § 4.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.20.044 Ineligibility for benefits for failure to
attend job search workshop or training course. If an otherwise eligible individual fails without good cause, as deter50.20.044
[Title 50 RCW—page 37]
50.20.050
Title 50 RCW: Unemployment Compensation
mined by the commissioner under rules prescribed by the
commissioner, to attend a job search workshop or a training
or retraining course when directed by the department and
such workshop or course is available at public expense, such
individual shall not be eligible for benefits with respect to any
week in which such failure occurred. [1984 c 205 § 8.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.20.050 Disqualification for leaving work voluntarily without good cause. (1) With respect to claims that have
an effective date before January 4, 2004:
(a) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has
obtained bona fide work in employment covered by this title
and earned wages in that employment equal to seven times
his or her weekly benefit amount.
The disqualification shall continue if the work obtained
is a mere sham to qualify for benefits and is not bona fide
work. In determining whether work is of a bona fide nature,
the commissioner shall consider factors including but not
limited to the following:
(i) The duration of the work;
(ii) The extent of direction and control by the employer
over the work; and
(iii) The level of skill required for the work in light of the
individual’s training and experience.
(b) An individual shall not be considered to have left
work voluntarily without good cause when:
(i) He or she has left work to accept a bona fide offer of
bona fide work as described in (a) of this subsection;
(ii) The separation was because of the illness or disability of the claimant or the death, illness, or disability of a
member of the claimant’s immediate family if the claimant
took all reasonable precautions, in accordance with any regulations that the commissioner may prescribe, to protect his or
her employment status by having promptly notified the
employer of the reason for the absence and by having
promptly requested reemployment when again able to
assume employment: PROVIDED, That these precautions
need not have been taken when they would have been a futile
act, including those instances when the futility of the act was
a result of a recognized labor/management dispatch system;
(iii) He or she has left work to relocate for the spouse’s
employment that is due to an employer-initiated mandatory
transfer that is outside the existing labor market area if the
claimant remained employed as long as was reasonable prior
to the move; or
(iv) The separation was necessary to protect the claimant
or the claimant’s immediate family members from domestic
violence, as defined in RCW 26.50.010, or stalking, as
defined in RCW 9A.46.110.
(c) In determining under this subsection whether an individual has left work voluntarily without good cause, the commissioner shall only consider work-connected factors such as
the degree of risk involved to the individual’s health, safety,
and morals, the individual’s physical fitness for the work, the
individual’s ability to perform the work, and such other work
connected factors as the commissioner may deem pertinent,
50.20.050
[Title 50 RCW—page 38]
including state and national emergencies. Good cause shall
not be established for voluntarily leaving work because of its
distance from an individual’s residence where the distance
was known to the individual at the time he or she accepted the
employment and where, in the judgment of the department,
the distance is customarily traveled by workers in the individual’s job classification and labor market, nor because of any
other significant work factor which was generally known and
present at the time he or she accepted employment, unless the
related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor or unless
the commissioner determines that other related circumstances would work an unreasonable hardship on the individual were he or she required to continue in the employment.
(d) Subsection (1)(a) and (c) of this section shall not
apply to an individual whose marital status or domestic
responsibilities cause him or her to leave employment. Such
an individual shall not be eligible for unemployment insurance benefits beginning with the first day of the calendar
week in which he or she left work and thereafter for seven
calendar weeks and until he or she has requalified, either by
obtaining bona fide work in employment covered by this title
and earning wages in that employment equal to seven times
his or her weekly benefit amount or by reporting in person to
the department during ten different calendar weeks and certifying on each occasion that he or she is ready, able, and willing to immediately accept any suitable work which may be
offered, is actively seeking work pursuant to customary trade
practices, and is utilizing such employment counseling and
placement services as are available through the department.
This subsection does not apply to individuals covered by
(b)(ii) or (iii) of this subsection.
(2) With respect to claims that have an effective date on
or after January 4, 2004:
(a) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has
obtained bona fide work in employment covered by this title
and earned wages in that employment equal to seven times
his or her weekly benefit amount.
The disqualification shall continue if the work obtained
is a mere sham to qualify for benefits and is not bona fide
work. In determining whether work is of a bona fide nature,
the commissioner shall consider factors including but not
limited to the following:
(i) The duration of the work;
(ii) The extent of direction and control by the employer
over the work; and
(iii) The level of skill required for the work in light of the
individual’s training and experience.
(b) An individual is not disqualified from benefits under
(a) of this subsection when:
(i) He or she has left work to accept a bona fide offer of
bona fide work as described in (a) of this subsection;
(ii) The separation was necessary because of the illness
or disability of the claimant or the death, illness, or disability
of a member of the claimant’s immediate family if:
(A) The claimant pursued all reasonable alternatives to
preserve his or her employment status by requesting a leave
of absence, by having promptly notified the employer of the
(2008 Ed.)
Benefits and Claims
reason for the absence, and by having promptly requested
reemployment when again able to assume employment.
These alternatives need not be pursued, however, when they
would have been a futile act, including those instances when
the futility of the act was a result of a recognized labor/management dispatch system; and
(B) The claimant terminated his or her employment status, and is not entitled to be reinstated to the same position or
a comparable or similar position;
(iii)(A) With respect to claims that have an effective date
before July 2, 2006, he or she: (I) Left work to relocate for
the spouse’s employment that, due to a mandatory military
transfer: (1) Is outside the existing labor market area; and (2)
is in Washington or another state that, pursuant to statute,
does not consider such an individual to have left work voluntarily without good cause; and (II) remained employed as
long as was reasonable prior to the move;
(B) With respect to claims that have an effective date on
or after July 2, 2006, he or she: (I) Left work to relocate for
the spouse’s employment that, due to a mandatory military
transfer, is outside the existing labor market area; and (II)
remained employed as long as was reasonable prior to the
move;
(iv) The separation was necessary to protect the claimant
or the claimant’s immediate family members from domestic
violence, as defined in RCW 26.50.010, or stalking, as
defined in RCW 9A.46.110;
(v) The individual’s usual compensation was reduced by
twenty-five percent or more;
(vi) The individual’s usual hours were reduced by
twenty-five percent or more;
(vii) The individual’s worksite changed, such change
caused a material increase in distance or difficulty of travel,
and, after the change, the commute was greater than is customary for workers in the individual’s job classification and
labor market;
(viii) The individual’s worksite safety deteriorated, the
individual reported such safety deterioration to the employer,
and the employer failed to correct the hazards within a reasonable period of time;
(ix) The individual left work because of illegal activities
in the individual’s worksite, the individual reported such
activities to the employer, and the employer failed to end
such activities within a reasonable period of time;
(x) The individual’s usual work was changed to work
that violates the individual’s religious convictions or sincere
moral beliefs; or
(xi) The individual left work to enter an apprenticeship
program approved by the Washington state apprenticeship
training council. Benefits are payable beginning Sunday of
the week prior to the week in which the individual begins
active participation in the apprenticeship program. [2008 c
323 § 1; 2006 c 13 § 2. Prior: 2006 c 12 § 1; 2003 2nd sp.s.
c 4 § 4; 2002 c 8 § 1; 2000 c 2 § 12; 1993 c 483 § 8; 1982 1st
ex.s. c 18 § 6; 1981 c 35 § 4; 1980 c 74 § 5; 1977 ex.s. c 33 §
4; 1970 ex.s. c 2 § 21; 1953 ex.s. c 8 § 8; 1951 c 215 § 12;
1949 c 214 § 12; 1947 c 215 § 15; 1945 c 35 § 73; Rem. Supp.
1949 § 9998-211; prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939
c 214 § 3; 1937 c 162 § 5.]
Conflict with federal requirements—2008 c 323: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
(2008 Ed.)
50.20.060
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2008 c 323
§ 3.]
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Retroactive application—2006 c 12 § 1: "Section 1 of this act applies
retroactively to claims that have an effective date on or after January 4,
2004." [2006 c 12 § 2.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Severability—1981 c 35: See note following RCW 50.22.030.
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.060 Disqualification from benefits due to misconduct. With respect to claims that have an effective date
before January 4, 2004, an individual shall be disqualified
from benefits beginning with the first day of the calendar
week in which he or she has been discharged or suspended
for misconduct connected with his or her work and thereafter
for seven calendar weeks and until he or she has obtained
bona fide work in employment covered by this title and
earned wages in that employment equal to seven times his or
her weekly benefit amount. Alcoholism shall not constitute a
defense to disqualification from benefits due to misconduct.
[2006 c 13 § 11. Prior: 2003 2nd sp.s. c 4 § 7; 2000 c 2 § 13;
1993 c 483 § 9; 1982 1st ex.s. c 18 § 16; 1977 ex.s. c 33 § 5;
1970 ex.s. c 2 § 22; 1953 ex.s. c 8 § 9; 1951 c 215 § 13; 1949
c 214 § 13; 1947 c 215 § 16; 1945 c 35 § 74; Rem. Supp. 1949
§ 9998-212; prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c
214 § 3; 1937 c 162 § 5.]
50.20.060
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
[Title 50 RCW—page 39]
50.20.065
Title 50 RCW: Unemployment Compensation
50.20.065 Cancellation of hourly wage credits due to
felony or gross misdemeanor. With respect to claims that
have an effective date before January 4, 2004:
(1) An individual who has been discharged from his or
her work because of a felony or gross misdemeanor of which
he or she has been convicted, or has admitted committing to
a competent authority, and that is connected with his or her
work shall have all hourly wage credits based on that employment canceled.
(2) The employer shall notify the department of such an
admission or conviction, not later than six months following
the admission or conviction.
(3) The claimant shall disclose any conviction of the
claimant of a work-connected felony or gross misdemeanor
occurring in the previous two years to the department at the
time of application for benefits.
(4) All benefits that are paid in error based on wage/hour
credits that should have been removed from the claimant’s
base year are recoverable, notwithstanding RCW 50.20.190
or 50.24.020 or any other provisions of this title. [2006 c 13
§ 12. Prior: 2003 2nd sp.s. c 4 § 8; 1993 c 483 § 11.]
50.20.065
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements--Part headings not law--Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
50.20.066 Disqualification from benefits due to misconduct—Cancellation of hourly wage credits due to
gross misconduct. With respect to claims that have an effective date on or after January 4, 2004:
(1) An individual shall be disqualified from benefits
beginning with the first day of the calendar week in which he
or she has been discharged or suspended for misconduct connected with his or her work and thereafter for ten calendar
weeks and until he or she has obtained bona fide work in
employment covered by this title and earned wages in that
employment equal to ten times his or her weekly benefit
amount. Alcoholism shall not constitute a defense to disqualification from benefits due to misconduct.
(2) An individual who has been discharged from his or
her work because of gross misconduct shall have all hourly
wage credits based on that employment or six hundred eighty
hours of wage credits, whichever is greater, canceled.
(3) The employer shall notify the department of a felony
or gross misdemeanor of which an individual has been convicted, or has admitted committing to a competent authority,
not later than six months following the admission or conviction.
(4) The claimant shall disclose any conviction of the
claimant of a work-connected felony or gross misdemeanor
occurring in the previous two years to the department at the
time of application for benefits.
(5) All benefits that are paid in error based on this section
are recoverable, notwithstanding RCW 50.20.190 or
50.24.020 or any other provisions of this title. [2006 c 13 §
13. Prior: 2003 2nd sp.s. c 4 § 9.]
50.20.066
[Title 50 RCW—page 40]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements--Part headings not law--Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.070 Disqualification for misrepresentation—
Penalties. (1) With respect to determinations delivered or
mailed before January 1, 2008, an individual is disqualified
for benefits for any week he or she has knowingly made a
false statement or representation involving a material fact or
knowingly failed to report a material fact and, as a result, has
obtained or attempted to obtain any benefits under the provisions of this title, and for an additional twenty-six weeks
beginning with the first week for which he or she completes
an otherwise compensable claim for waiting period credit or
benefits following the date of the delivery or mailing of the
determination of disqualification under this section. However, such disqualification shall not be applied after two years
have elapsed from the date of the delivery or mailing of the
determination of disqualification under this section.
(2) With respect to determinations delivered or mailed
on or after January 1, 2008:
(a) An individual is disqualified for benefits for any
week he or she has knowingly made a false statement or representation involving a material fact or knowingly failed to
report a material fact and, as a result, has obtained or
attempted to obtain any benefits under the provisions of this
title;
(b) An individual disqualified for benefits under this subsection for the first time is also disqualified for an additional
twenty-six weeks beginning with the Sunday of the week in
which the determination is mailed or delivered;
(c) An individual disqualified for benefits under this subsection for the second time is also disqualified for an additional fifty-two weeks beginning with the Sunday of the week
in which the determination is mailed or delivered, and is subject to an additional penalty of twenty-five percent of the
amount of benefits overpaid or deemed overpaid;
(d) An individual disqualified for benefits under this subsection a third time and any time thereafter is also disqualified for an additional one hundred four weeks beginning with
the Sunday of the week in which the determination is mailed
or delivered, and is subject to an additional penalty of fifty
percent of the amount of benefits overpaid or deemed overpaid.
(3) All penalties collected under this section must be
expended for the proper administration of this title as authorized under RCW 50.16.010 and for no other purposes.
(4) All overpayments and penalties established by such
determination of disqualification must be collected as otherwise provided by this title. [2007 c 146 § 7; 1973 1st ex.s. c
158 § 5; 1953 ex.s. c 8 § 10; 1951 c 265 § 10; 1949 c 214 §
14; 1947 c 215 § 17; 1945 c 35 § 75; Rem. Supp. 1949 §
9998-213. Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214
§ 3; 1937 c 162 § 5.]
50.20.070
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
(2008 Ed.)
Benefits and Claims
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.080 Disqualification for refusal to work. An
individual is disqualified for benefits, if the commissioner
finds that the individual has failed without good cause, either
to apply for available, suitable work when so directed by the
employment office or the commissioner, or to accept suitable
work when offered the individual, or to return to his or her
customary self-employment (if any) when so directed by the
commissioner. Such disqualification shall begin with the
week of the refusal and thereafter for seven calendar weeks
and continue until the individual has obtained bona fide work
in employment covered by this title and earned wages in that
employment of not less than seven times his or her suspended
weekly benefit amount. [2000 c 2 § 14; 1993 c 483 § 10;
1959 c 321 § 1; 1953 ex.s. c 8 § 11; 1951 c 215 § 14; 1949 c
214 § 15; 1945 c 35 § 76; Rem. Supp. 1949 § 9998-214.
Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3; 1937
c 162 § 5.]
50.20.080
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1959 c 321: "This act shall take effect on July 5,
1959." [1959 c 321 § 4.]
50.20.085 Disqualification for receipt of industrial
insurance disability benefits. An individual is disqualified
from benefits with respect to any day or days for which he or
she is receiving, has received, or will receive compensation
under RCW 51.32.060 or 51.32.090. [1991 c 117 § 2; 1986 c
75 § 1.]
50.20.085
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
50.20.090 Strike or lockout disqualification—When
inapplicable. (1) An individual shall be disqualified for benefits for any week with respect to which the commissioner
finds that the individual’s unemployment is:
(a) Due to a strike at the factory, establishment, or other
premises at which the individual is or was last employed; or
(b) Due to a lockout by his or her employer who is a
member of a multi-employer bargaining unit and who has
locked out the employees at the factory, establishment, or
other premises at which the individual is or was last
employed after one member of the multi-employer bargaining unit has been struck by its employees as a result of the
multi-employer bargaining process.
(2) Subsection (1) of this section shall not apply if it is
shown to the satisfaction of the commissioner that:
(a) The individual is not participating in or financing or
directly interested in the strike or lockout that caused the individual’s unemployment; and
(b) The individual does not belong to a grade or class of
workers of which, immediately before the commencement of
the strike or lockout, there were members employed at the
premises at which the strike or lockout occurs, any of whom
are participating in or financing or directly interested in the
strike or lockout: PROVIDED, That if in any case separate
50.20.090
(2008 Ed.)
50.20.095
branches of work which are commonly conducted as separate
businesses in separate premises are conducted in separate
departments of the same premises, each such department
shall, for the purpose of this subdivision, be deemed to be a
separate factory, establishment, or other premises.
(3) Any disqualification imposed under this section shall
end when the strike or lockout is terminated. [1988 c 83 § 1;
1987 c 2 § 1; 1953 ex.s. c 8 § 12; 1945 c 35 § 77; Rem. Supp.
1945 § 9998-215. Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939
c 214 § 3; 1937 c 162 § 5.]
Labor dispute study—1988 c 83: "(1) The department of employment
security shall study and analyze the impact of section 1 of this act on the
number of claimants receiving unemployment insurance benefits and the
total amount of benefits paid, and on the type, frequency, duration, and outcome of labor disputes. In performing the study the department shall specifically address the impact of section 1(1)(b) of this act on the above subjects.
(2) In performing its duties under this section the department shall periodically convene meetings with representatives of labor and management,
including but not limited to representatives of the following: A general business association; an organization broadly representing organized labor; the
construction industry; construction industry organized labor; the trade industry; trade industry organized labor; the manufacturing industry; manufacturing industry organized labor; the service industry; service industry organized
labor; the transportation industry; transportation industry organized labor;
the communication industry; and communication industry organized labor.
(3) For the purpose of studying and analyzing the impact of section
1(1)(b) of this act the department shall periodically convene, in addition to
those meetings specified in subsection (2) of this section, meetings with representatives of labor and management from industries with multi-employer
bargaining units, including but not limited to representatives from a general
business association; an organization broadly representing organized labor;
the retail trade industry; and retail trade industry organized labor.
(4) The department shall report its findings to the governor, the senate
economic development and labor committee, and the house of representatives commerce and labor committee, or the appropriate successor committees, by the commencement of the 1990 regular session of the legislature."
[1988 c 83 § 2.]
Effective date—1988 c 83: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on the
Sunday following the day on which the governor signs this act [March 20,
1988]." [1988 c 83 § 3.]
Applicability—Effective date—1987 c 2: "(1) This act shall apply retrospectively to all applicable employers and employees as of November 16,
1986.
(2) This act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its existing
public institutions, and shall take effect immediately [February 20, 1987]."
[1987 c 2 § 4.]
Severability—1987 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1987 c 2 § 5.]
50.20.095 Disqualification for attending school or
institution of higher education. (Expires July 1, 2012.)
Any individual registered at an established school in a course
of study providing scholastic instruction of twelve or more
hours per week, or the equivalent thereof, shall be disqualified from receiving benefits or waiting period credit for any
week during the school term commencing with the first week
of such scholastic instruction or the week of leaving employment to return to school, whichever is the earlier, and ending
with the week immediately before the first full week in which
the individual is no longer registered for twelve or more
hours of scholastic instruction per week: PROVIDED, That
registration for less than twelve hours will be for a period of
sixty days or longer. The term "school" includes primary
50.20.095
[Title 50 RCW—page 41]
50.20.095
Title 50 RCW: Unemployment Compensation
schools, secondary schools, and "institutions of higher education" as that phrase is defined in RCW 50.44.037.
This disqualification shall not apply to any individual
who:
(1) Is in approved training within the meaning of RCW
50.20.043;
(2) Is in an approved self-employment assistance program under RCW 50.20.250; or
(3) Demonstrates to the commissioner by a preponderance of the evidence his or her actual availability for work,
and in arriving at this determination the commissioner shall
consider the following factors:
(a) Prior work history;
(b) Scholastic history;
(c) Past and current labor market attachment; and
(d) Past and present efforts to seek work. [2007 c 248 §
2; 1980 c 74 § 4; 1977 ex.s. c 33 § 8.]
Report to legislature—Effective date—Implementation—Expiration date—2007 c 248: See notes following RCW 50.20.250.
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
50.20.095 Disqualification for attending school or
institution of higher education. (Effective July 1, 2012.)
Any individual registered at an established school in a course
of study providing scholastic instruction of twelve or more
hours per week, or the equivalent thereof, shall be disqualified from receiving benefits or waiting period credit for any
week during the school term commencing with the first week
of such scholastic instruction or the week of leaving employment to return to school, whichever is the earlier, and ending
with the week immediately before the first full week in which
the individual is no longer registered for twelve or more
hours of scholastic instruction per week: PROVIDED, That
registration for less than twelve hours will be for a period of
sixty days or longer. The term "school" includes primary
schools, secondary schools, and "institutions of higher education" as that phrase is defined in RCW 50.44.037.
This disqualification shall not apply to any individual
who:
(1) Is in approved training within the meaning of RCW
50.20.043; or
(2) Demonstrates to the commissioner by a preponderance of the evidence his or her actual availability for work,
and in arriving at this determination the commissioner shall
consider the following factors:
(a) Prior work history;
(b) Scholastic history;
(c) Past and current labor market attachment; and
(d) Past and present efforts to seek work. [1980 c 74 § 4;
1977 ex.s. c 33 § 8.]
50.20.095
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
50.20.098 Services performed by alien. (1) Benefits
shall not be paid on the basis of services performed by an
alien unless the alien is an individual who was lawfully
admitted for permanent residence, was lawfully present for
purposes of performing such services, or otherwise was per50.20.098
[Title 50 RCW—page 42]
manently residing in the United States under color of law at
the time such services were performed, including an alien
who was lawfully present in the United States as a result of
the application of the provisions of 8 U.S.C. Sec. 1182(d)(5):
PROVIDED, That any modifications to 26 U.S.C. Sec.
3304(a)(14) as provided by PL 94-566 which specify other
conditions or other effective date than stated herein for the
denial of benefits based on services performed by aliens and
which modifications are required to be implemented under
state law as a condition for full tax credit against the tax
imposed by 26 U.S.C. Sec. 3301 shall be deemed applicable
under this section.
(2) Any data or information required of individuals
applying for benefits to determine whether benefits are not
payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(3) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of his or her
alien status shall be made except upon a preponderance of the
evidence. [1993 c 58 § 2; 1989 c 92 § 1; 1977 ex.s. c 292 §
10.]
Conflict with federal requirements—Severability—Effective date—
1993 c 58: See notes following RCW 50.04.165.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.20.099 Training benefits—Eligibility to work in
the United States. (1) To ensure that unemployment insurance benefits are paid in accordance with RCW 50.20.098,
the employment security department shall verify that an individual is eligible to work in the United States before the individual receives training benefits under RCW 50.22.150.
(2) By July 1, 2002, the employment security department
shall:
(a) Develop and implement an effective method for
determining, where appropriate, eligibility to work in the
United States for individuals applying for unemployment
benefits under this title;
(b) Review verification systems developed by federal
agencies for verifying a person’s eligibility to receive unemployment benefits under this title and evaluate the effectiveness of these systems for use in this state; and
(c) Report its initial findings to the legislature by September 1, 2000, and its final report by July 1, 2002.
(3) Where federal law prohibits the conditioning of
unemployment benefits on a verification of an individual’s
status as a qualified or authorized alien, the requirements of
this section shall not apply. [2000 c 2 § 10.]
50.20.099
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.20.100 Suitable work factors. (1) Suitable work for
an individual is employment in an occupation in keeping with
the individual’s prior work experience, education, or training
and if the individual has no prior work experience, special
education, or training for employment available in the general area, then employment which the individual would have
the physical and mental ability to perform. In determining
whether work is suitable for an individual, the commissioner
shall also consider the degree of risk involved to the individ50.20.100
(2008 Ed.)
Benefits and Claims
ual’s health, safety, and morals, the individual’s physical fitness, the individual’s length of unemployment and prospects
for securing local work in the individual’s customary occupation, the distance of the available work from the individual’s
residence, and such other factors as the commissioner may
deem pertinent, including state and national emergencies.
(2) For individuals with base year work experience in
agricultural labor, any agricultural labor available from any
employer shall be deemed suitable unless it meets conditions
in RCW 50.20.110 or the commissioner finds elements of
specific work opportunity unsuitable for a particular individual.
(3) For part-time workers as defined in RCW 50.20.119,
suitable work includes suitable work under subsection (1) of
this section that is for seventeen or fewer hours per week.
(4) For individuals who have qualified for unemployment compensation benefits under RCW 50.20.050 (1)(b)(iv)
or (2)(b)(iv), as applicable, an evaluation of the suitability of
the work must consider the individual’s need to address the
physical, psychological, legal, and other effects of domestic
violence or stalking. [2006 c 13 § 14. Prior: 2004 c 110 § 2;
2003 2nd sp.s. c 4 § 13; 2002 c 8 § 2; 1989 c 380 § 80; 1977
ex.s. c 33 § 6; 1973 1st ex.s. c 158 § 6; 1945 c 35 § 78; Rem.
Supp. 1945 § 9998-216.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942 and 15.58.943.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.20.110 Suitable work exceptions. Notwithstanding
any other provisions of this title, no work shall be deemed to
be suitable and benefits shall not be denied under this title to
any otherwise eligible individual for refusing to accept new
work under any of the following conditions:
(1) If the position offered is vacant due directly to a
strike, lockout, or other labor dispute; or
(2) if the remuneration, hours, or other conditions of the
work offered are substantially less favorable to the individual
than those prevailing for similar work in the locality; or
(3) if as a condition of being employed the individual
would be required by the employing unit to join a company
union or to resign from or refrain from joining any bona fide
labor organization. [1945 c 35 § 79; Rem. Supp. 1945 §
9998-217.]
50.20.110
50.20.113 Unemployment of sport or athletic event
participant during period between sport seasons. Benefits
shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in
sports or athletic events or training or preparing to so partici50.20.113
(2008 Ed.)
50.20.118
pate, for any week which commences during the period
between two successive sport seasons (or similar periods) if
the individual performed the services in the first of the seasons (or similar periods) and there is a reasonable assurance
that the individual will perform the services in the latter of the
seasons (or similar periods). [1977 ex.s. c 292 § 6.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.20.115
50.20.115 Unemployment due to vacation. When an
unemployed individual is qualified for receipt of unemployment compensation benefits by the specific provisions of
RCW 50.20.010, 50.20.120 and 50.20.130, and such individual is not specifically disqualified from receiving such benefits by reason of the provisions of RCW 50.20.090,
50.20.050, 50.20.060, 50.20.070 or 50.20.080, he shall, for
all purposes of the unemployment compensation act, be
deemed to be involuntarily unemployed and entitled to unemployment compensation benefits: PROVIDED, That the cessation of operations by an employer for the purpose of granting vacations, whether by union contract or other reasons,
shall in no manner be construed to be a voluntary quit nor a
voluntary unemployment on the part of the employees. [1983
c 3 § 158; 1951 c 265 § 12.]
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.117
50.20.117 Jury service. No otherwise eligible individual shall be denied benefits for any week because he or she is
serving as a prospective or impaneled juror in any court of
this state. Compensation received for service as a juror shall
not be considered wages subject to contributions under this
title nor shall such compensation be considered in determining base-year wages, but it shall be considered remuneration
for purposes of a deduction from benefits under RCW
50.20.130. [1979 ex.s. c 135 § 6.]
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
50.20.118
50.20.118 Unemployment while in approved training. (1) Notwithstanding any other provision of this chapter,
an otherwise eligible individual shall not be denied benefits
for any week because he or she is in training approved under
section 236(a)(1) of the Trade Act of 1974, P.L. 93-618, nor
may that individual be denied benefits for any such week by
reason of leaving work which is not suitable employment to
enter such training, or for failure to meet any requirement of
federal or state law for any such week which relates to the
individual’s availability for work, active search for work, or
refusal to accept work.
(2) For the purposes of this section, "suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual’s past
adversely affected employment (as described for the purposes of the Trade Act of 1974, P.L. 93-618), if the wages for
such work are not less than eighty percent of the individual’s
average weekly wage as determined for the purposes of the
Trade Act of 1974, P.L. 93-618. [1982 1st ex.s. c 18 § 7.]
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
[Title 50 RCW—page 43]
50.20.119
Title 50 RCW: Unemployment Compensation
50.20.119 Part-time workers. (1) With respect to
claims that have an effective date on or after January 2, 2005,
an otherwise eligible individual may not be denied benefits
for any week because the individual is a part-time worker and
is available for, seeks, applies for, or accepts only work of
seventeen or fewer hours per week by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1)
relating to availability for work and active search for work, or
failure to apply for or refusal to accept suitable work.
(2) For purposes of this section, "part-time worker"
means an individual who: (a) Earned wages in "employment" in at least forty weeks in the individual’s base year;
and (b) did not earn wages in "employment" in more than
seventeen hours per week in any weeks in the individual’s
base year. [2006 c 13 § 15. Prior: 2003 2nd sp.s. c 4 § 12.]
50.20.119
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements--Part headings not law--Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.120 Amount of benefits. (1)(a) Subject to the
other provisions of this title, benefits shall be payable to any
eligible individual during the individual’s benefit year in a
maximum amount equal to the lesser of thirty times the
weekly benefit amount, as determined in subsection (2) of
this section, or one-third of the individual’s base year wages
under this title: PROVIDED, That as to any week which falls
in a n e xt end e d b e nef it p e ri od a s d e fin e d in R CW
50.22.010(1), an individual’s eligibility for maximum benefits in excess of twenty-six times his or her weekly benefit
amount will be subject to the terms and conditions set forth in
RCW 50.22.020.
(b) With respect to claims that have an effective date on
or after the first Sunday of the calendar month immediately
following the month in which the commissioner finds that the
state unemployment rate is six and eight-tenths percent or
less, benefits shall be payable to any eligible individual during the individual’s benefit year in a maximum amount equal
to the lesser of twenty-six times the weekly benefit amount,
as determined in subsection (2) of this section, or one-third of
the individual’s base year wages under this title.
(2)(a) For claims with an effective date before January 4,
2004, an individual’s weekly benefit amount shall be an
amount equal to one twenty-fifth of the average quarterly
wages of the individual’s total wages during the two quarters
of the individual’s base year in which such total wages were
highest.
(b) With respect to claims with an effective date on or
after January 4, 2004, and before January 2, 2005, an individual’s weekly benefit amount shall be an amount equal to one
twenty-fifth of the average quarterly wages of the individual’s total wages during the three quarters of the individual’s
base year in which such total wages were highest.
(c)(i) With respect to claims with an effective date on or
after January 2, 2005, except as provided in (c)(ii) of this subsection, an individual’s weekly benefit amount shall be an
amount equal to one percent of the total wages paid in the
individual’s base year.
50.20.120
[Title 50 RCW—page 44]
(ii) With respect to claims with an effective date on or
after the first Sunday following April 22, 2005, an individual’s weekly benefit amount shall be an amount equal to three
and eighty-five one-hundredths percent of the average quarterly wages of the individual’s total wages during the two
quarters of the individual’s base year in which such total
wages were highest.
(3) The maximum and minimum amounts payable
weekly shall be determined as of each June 30th to apply to
benefit years beginning in the twelve-month period immediately following such June 30th.
(a)(i) With respect to claims that have an effective date
before January 4, 2004, the maximum amount payable
weekly shall be seventy percent of the "average weekly
wage" for the calendar year preceding such June 30th.
(ii) With respect to claims that have an effective date on
or after January 4, 2004, the maximum amount payable
weekly shall be either four hundred ninety-six dollars or
sixty-three percent of the "average weekly wage" for the calendar year preceding such June 30th, whichever is greater.
(b) The minimum amount payable weekly shall be fifteen percent of the "average weekly wage" for the calendar
year preceding such June 30th.
(4) If any weekly benefit, maximum benefit, or minimum benefit amount computed herein is not a multiple of one
dollar, it shall be reduced to the next lower multiple of one
dollar. [2006 c 13 § 1; 2005 c 133 § 3; 2003 2nd sp.s. c 4 §
11; 2002 c 149 § 4; 1993 c 483 § 12; 1984 c 205 § 1; 1983 1st
ex.s. c 23 § 11; 1981 c 35 § 5; 1980 c 74 § 3; 1977 ex.s. c 33
§ 7; 1970 ex.s. c 2 § 5; 1959 c 321 § 2; 1955 c 209 § 1; 1951
c 265 § 11; 1949 c 214 § 16; 1945 c 35 § 80; Rem. Supp. 1949
§ 9998-218. Prior: 1943 c 127 § 1; 1941 c 253 § 1; 1939 c
214 § 1; 1937 c 162 § 3.]
Part headings not law—2006 c 13: "Part headings used in this act are
not any part of the law." [2006 c 13 § 25.]
Severability—2006 c 13: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2006 c 13 § 27.]
Conflict with federal requirements—2006 c 13: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2006 c 13
§ 28.]
Findings—Intent—2005 c 133: "The legislature finds that the unemployment insurance system was created to set aside unemployment reserves
to be used for the benefit of persons who are unemployed through no fault of
their own and to maintain purchasing power and limit the social consequences of unemployment. The legislature further finds that the system is
falling short of these goals by failing to recognize the importance of applying
liberal construction for the purpose of reducing involuntary unemployment,
and the suffering caused by it, to the minimum, and by failing to provide
equitable benefits to unemployed workers. The legislature also recognizes
the desirability of managing the system to take into account the goal of
reducing costs to foster a competitive business climate. The legislature
intends to adjust the balance between these goals by reinstating the requirement for liberal construction and making other adjustments in the system that
will allow reasonable improvements in benefit equity, including reinstating a
weekly benefit calculation based on the wages in the two quarters of the
claimant’s base year in which wages were the highest. The legislature finds
that these adjustments are critical to the health and welfare of unemployed
(2008 Ed.)
Benefits and Claims
workers, and to the purchasing power essential to the economic health and
welfare of communities and the state, and should be implemented as soon as
feasible." [2005 c 133 § 1.]
Conflict with federal requirements—2005 c 133: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2005 c 133
§ 11.]
50.20.140
Each eligible individual who is unemployed in any week
shall be paid with respect to such week a benefit in an amount
equal to his weekly benefit amount less seventy-five percent
of that part of the remuneration (if any) payable to him with
respect to such week which is in excess of five dollars. Such
benefit, if not a multiple of one dollar, shall be reduced to the
next lower multiple of one dollar. [1983 1st ex.s. c 23 § 12;
1973 2nd ex.s. c 7 § 3; 1959 c 321 § 3; 1951 c 215 § 15; 1949
c 214 § 17; 1945 c 35 § 81; Rem. Supp. 1949 § 9998-219.
Prior: 1943 c 127 § 1; 1941 c 253 § 1; 1939 c 214 § 1; 1937
c 162 § 3.]
Effective date—2005 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 22, 2005]." [2005 c 133 § 12.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Additional employees authorized—2005 c 133: See note following
RCW 50.01.010.
Effective date—1959 c 321: See note following RCW 50.20.080.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.20.140 Filing applications and claims—Definitions. An application for initial determination, a claim for
waiting period, or a claim for benefits shall be filed in accordance with such rules as the commissioner may prescribe. An
application for an initial determination may be made by any
individual whether unemployed or not. Each employer shall
post and maintain printed statements of such rules in places
readily accessible to individuals in his or her employment
and shall make available to each such individual at the time
he or she becomes unemployed, a printed statement of such
rules and such notices, instructions, and other material as the
commissioner may by rule prescribe. Such printed material
shall be supplied by the commissioner to each employer
without cost to the employer.
The term "application for initial determination" shall
mean a request in writing, or by other means as determined
by the commissioner, for an initial determination. The term
"claim for waiting period" shall mean a certification, after the
close of a given week, that the requirements stated herein for
eligibility for waiting period have been met. The term "claim
for benefits" shall mean a certification, after the close of a
given week, that the requirements stated herein for eligibility
for receipt of benefits have been met.
A representative designated by the commissioner shall
take the application for initial determination and for the claim
for waiting period credits or for benefits. When an application for initial determination has been made, the employment
security department shall promptly make an initial determination which shall be a statement of the applicant’s base year
wages, his or her weekly benefit amount, his or her maximum
amount of benefits potentially payable, and his or her benefit
year. Such determination shall fix the general conditions
under which waiting period credit shall be granted and under
which benefits shall be paid during any period of unemployment occurring within the benefit year fixed by such determination. [1998 c 161 § 2; 1951 c 215 § 4; 1945 c 35 § 82; Rem.
Supp. 1945 § 9998-220. Prior: 1943 c 127 § 4; 1941 c 253 §
4; 1939 c 214 § 4; 1937 c 162 § 6.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1984 c 205: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1984 c 205 § 11.]
Severability—1984 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 205 § 12.]
Effective dates—1984 c 205: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately [March 21, 1984], except as follows:
(1) Sections 6 and 13 of this act shall take effect on January 1, 1985;
(2) Section 7 of this act shall be effective for compensable weeks of
unemployment beginning on or after January 6, 1985; and
(3) Section 9 of this act shall take effect on July 1, 1985." [1984 c 205
§ 14.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Severability—Effective dates—1980 c 74: See notes following RCW
50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Effective date—1959 c 321: See note following RCW 50.20.080.
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.130 Deduction from weekly benefit amount. If
an eligible individual is available for work for less than a full
week, he shall be paid his weekly benefit amount reduced by
one-seventh of such amount for each day that he is unavailable for work: PROVIDED, That if he is unavailable for
work for three days or more of a week, he shall be considered
unavailable for the entire week.
50.20.130
(2008 Ed.)
Application—1973 2nd ex.s. c 7: See note following RCW 50.04.310.
50.20.140
Finding—Intent—1998 c 161: "The legislature finds that the shift by
the employment security department from in-person written initial applications for unemployment insurance benefits to a call center approach creates
opportunities for improved service but also raises serious concerns. Eliminating face-to-face contact may increase the potential for fraud and reduce
the probability that claimants will utilize existing reemployment resources.
Therefore, it is the intent of the legislature that if the written application process is to be eliminated, the employment security department must ensure
[Title 50 RCW—page 45]
50.20.150
Title 50 RCW: Unemployment Compensation
that unemployment insurance claimants remain actively involved in reemployment activities and that an independent evaluation be conducted of the
call center approach to unemployment insurance." [1998 c 161 § 1.]
Evaluation of call center: "(1) The joint legislative audit and review
committee, in consultation with members of the senate and house of representatives commerce and labor committees and the unemployment insurance
advisory committee, shall conduct an evaluation of the new call center
approach to unemployment insurance. The evaluation shall review the performance of the call center system, including, but not limited to, the: (a)
Promptness of payments; (b) number and types of errors; (c) amount and
types of fraud; and (d) level of overpayments and underpayments, compared
with the current system.
(2) The joint legislative audit and review committee is directed to contract with a private entity consistent with the provisions of chapter 39.29
RCW. The committee shall consult with the unemployment insurance advisory committee in the design of the request for proposals from potential contractors and shall use the advisory committee to evaluate the responses. The
joint legislative audit and review committee shall provide a report on its findings and recommendations to the appropriate standing committee of the senate and house of representatives by September 1, 2001." [1998 c 161 § 5.]
Funding—1998 c 161 § 5: "The employment security department is
authorized to expend funds provided under RCW 50.24.014(1)(b) for the
purposes of the evaluation provided for in section 5 of this act." [1998 c 161
§ 6.]
50.20.150 Notice of application or claim. The applicant for initial determination, his most recent employing unit
as stated by the applicant, and any other interested party
which the commissioner by regulation prescribes, shall, if not
previously notified within the same continuous period of
unemployment, be given notice promptly in writing that an
application for initial determination has been filed and such
notice shall contain the reasons given by the applicant for his
last separation from work. If, during his benefit year, the
applicant becomes unemployed after having accepted subsequent work, and reports for the purpose of reestablishing his
eligibility for benefits, a similar notice shall be given
promptly to his then most recent employing unit as stated by
him, or to any other interested party which the commissioner
by regulation prescribes.
Each base year employer shall be promptly notified of
the filing of any application for initial determination which
may result in a charge to his account. [1970 ex.s. c 2 § 7;
1951 c 215 § 5; 1945 c 35 § 83; Rem. Supp. 1945 § 9998-221.
Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 § 4; 1937
c 162 § 6.]
50.20.150
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.160 Redetermination. (1) A determination of
amount of benefits potentially payable issued pursuant to the
provisions of RCW 50.20.120 and 50.20.140 shall not serve
as a basis for appeal but shall be subject to request by the
claimant for reconsideration and/or for redetermination by
the commissioner at any time within one year from the date
of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud
or misrepresentation on the part of the claimant, any benefits
paid prior to the date of any redetermination which reduces
the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190. A denial of a
request to reconsider or a redetermination shall be furnished
the claimant in writing and provide the basis for appeal under
the provisions of RCW 50.32.020.
(2) A determination of denial of benefits issued under the
provisions of RCW 50.20.180 shall become final, in absence
50.20.160
[Title 50 RCW—page 46]
of timely appeal therefrom: PROVIDED, That the commissioner may reconsider and redetermine such determinations
at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of
law with respect to the facts.
(3) A determination of allowance of benefits shall
become final, in absence of a timely appeal therefrom: PROVIDED, That the commissioner may redetermine such allowance at any time within two years following the benefit year
in which such allowance was made in order to recover any
benefits improperly paid and for which recovery is provided
under the provisions of RCW 50.20.190: AND PROVIDED
FURTHER, That in the absence of fraud, misrepresentation,
or nondisclosure, this provision or the provisions of RCW
50.20.190 shall not be construed so as to permit redetermination or recovery of an allowance of benefits which having
been made after consideration of the provisions of RCW
50.20.010(1)(c), or the provisions of RCW 50.20.050,
50.20.060, 50.20.080, or 50.20.090 has become final.
(4) A redetermination may be made at any time: (a) To
conform to a final court decision applicable to either an initial
determination or a determination of denial or allowance of
benefits; (b) in the event of a back pay award or settlement
affecting the allowance of benefits; or (c) in the case of fraud,
misrepresentation, or willful nondisclosure. Written notice
of any such redetermination shall be promptly given by mail
or delivered to such interested parties as were notified of the
initial determination or determination of denial or allowance
of benefits and any new interested party or parties who, pursuant to such regulation as the commissioner may prescribe,
would be an interested party. [2003 2nd sp.s. c 4 § 31; 1990
c 245 § 4; 1959 c 266 § 4; 1953 ex.s. c 8 § 13; 1951 c 215 §
6; 1945 c 35 § 84; Rem. Supp. 1945 § 9998-222. Prior: 1941
c 253 § 4.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—1990 c 245: See note following
RCW 50.04.030.
50.20.170 Payment of benefits. An individual who has
received an initial determination finding that he is potentially
entitled to receive waiting period credit or benefits shall, during the benefit year, be given waiting period credit or be paid
benefits in accordance with such initial determination for any
week with respect to which the conditions of eligibility for
such credit or benefits, as prescribed by this title, are met,
unless the individual is denied waiting period credit or benefits under the disqualification provisions of this title.
All benefits shall be paid through employment offices in
accordance with such regulations as the commissioner may
prescribe. [1945 c 35 § 85; Rem. Supp. 1945 § 9998-223.
Prior: 1943 c 127 § 1; 1941 c 253 § 1; 1939 c 214 § 1; 1937
c 162 § 3.]
50.20.170
50.20.180 Denial of benefits. If waiting period credit or
the payment of benefits shall be denied to any claimant for
any week or weeks, the claimant and such other interested
party as the commissioner by regulation prescribes shall be
promptly issued written notice of the denial and the reasons
therefor. In any case where the department is notified in
accordance with such regulation as the commissioner pre50.20.180
(2008 Ed.)
Benefits and Claims
scribes or has reason to believe that the claimant’s right to
waiting period credit or benefits is in issue because of his separation from work for any reason other than lack of work, the
department shall promptly issue a determination of allowance
or denial of waiting period credit or benefits and the reasons
therefor to the claimant, his most recent employing unit as
stated by the claimant, and such other interested party as the
commissioner by regulation prescribes. Notice that waiting
period credit or benefits are allowed or denied shall suffice
for the particular weeks stated in the notice or until the condition upon which the allowance or denial was based has been
changed. [1951 c 215 § 7; 1945 c 38 § 86; Rem. Supp. 1945
§ 9998-224. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c
214 § 4; 1937 c 162 § 6.]
50.20.190 Recovery of benefit payments. (1) An individual who is paid any amount as benefits under this title to
which he or she is not entitled shall, unless otherwise relieved
pursuant to this section, be liable for repayment of the
amount overpaid. The department shall issue an overpayment assessment setting forth the reasons for and the amount
of the overpayment. The amount assessed, to the extent not
collected, may be deducted from any future benefits payable
to the individual: PROVIDED, That in the absence of a back
pay award, a settlement affecting the allowance of benefits,
fraud, misrepresentation, or willful nondisclosure, every
determination of liability shall be mailed or personally served
not later than two years after the close of or final payment
made on the individual’s applicable benefit year for which
the purported overpayment was made, whichever is later,
unless the merits of the claim are subjected to administrative
or judicial review in which event the period for serving the
determination of liability shall be extended to allow service
of the determination of liability during the six-month period
following the final decision affecting the claim.
(2) The commissioner may waive an overpayment if the
commissioner finds that the overpayment was not the result
of fraud, misrepresentation, willful nondisclosure, or fault
attributable to the individual and that the recovery thereof
would be against equity and good conscience: PROVIDED,
HOWEVER, That the overpayment so waived shall be
charged against the individual’s applicable entitlement for
the eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been
properly paid.
(3) Any assessment herein provided shall constitute a
determination of liability from which an appeal may be had in
the same manner and to the same extent as provided for
appeals relating to determinations in respect to claims for
benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an
appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the
issue set forth in such determination have already been heard
and passed upon by the appeal tribunal. If no such appeal is
taken to the appeal tribunal by the individual within thirty
days of the delivery of the notice of determination of liability,
or within thirty days of the mailing of the notice of determination, whichever is the earlier, the determination of liability
shall be deemed conclusive and final. Whenever any such
notice of determination of liability becomes conclusive and
50.20.190
(2008 Ed.)
50.20.190
final, the commissioner, upon giving at least twenty days
notice by certified mail return receipt requested to the individual’s last known address of the intended action, may file
with the superior court clerk of any county within the state a
warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of
the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the
clerk shall cause to be entered in the judgment docket under
the superior court cause number assigned to the warrant, the
name of the person(s) mentioned in the warrant, the amount
of the notice of determination of liability, and the date when
the warrant was filed. The amount of the warrant as docketed
shall become a lien upon the title to, and any interest in, all
real and personal property of the person(s) against whom the
warrant is issued, the same as a judgment in a civil case duly
docketed in the office of such clerk. A warrant so docketed
shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment. A copy of the warrant shall be mailed to the person(s) mentioned in the warrant
by certified mail to the person’s last known address within
five days of its filing with the clerk.
(4) On request of any agency which administers an
employment security law of another state, the United States,
or a foreign government and which has found in accordance
with the provisions of such law that a claimant is liable to
repay benefits received under such law, the commissioner
may collect the amount of such benefits from the claimant to
be refunded to the agency. In any case in which under this
section a claimant is liable to repay any amount to the agency
of another state, the United States, or a foreign government,
such amounts may be collected without interest by civil
action in the name of the commissioner acting as agent for
such agency if the other state, the United States, or the foreign government extends such collection rights to the
employment security department of the state of Washington,
and provided that the court costs be paid by the governmental
agency benefiting from such collection.
(5) Any employer who is a party to a back pay award or
settlement due to loss of wages shall, within thirty days of the
award or settlement, report to the department the amount of
the award or settlement, the name and social security number
of the recipient of the award or settlement, and the period for
which it is awarded. When an individual has been awarded or
receives back pay, for benefit purposes the amount of the
back pay shall constitute wages paid in the period for which
it was awarded. For contribution purposes, the back pay
award or settlement shall constitute wages paid in the period
in which it was actually paid. The following requirements
shall also apply:
(a) The employer shall reduce the amount of the back
pay award or settlement by an amount determined by the
department based upon the amount of unemployment benefits received by the recipient of the award or settlement during the period for which the back pay award or settlement
was awarded;
(b) The employer shall pay to the unemployment compensation fund, in a manner specified by the commissioner,
an amount equal to the amount of such reduction;
[Title 50 RCW—page 47]
50.20.191
Title 50 RCW: Unemployment Compensation
(c) The employer shall also pay to the department any
taxes due for unemployment insurance purposes on the entire
amount of the back pay award or settlement notwithstanding
any reduction made pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount of the back
pay award or settlement as required in (a) of this subsection,
the department shall issue an overpayment assessment
against the recipient of the award or settlement in the amount
that the back pay award or settlement should have been
reduced; and
(e) If the employer fails to pay to the department an
amount equal to the reduction as required in (b) of this subsection, the department shall issue an assessment of liability
against the employer which shall be collected pursuant to the
procedures for collection of assessments provided herein and
in RCW 50.24.110.
(6) When an individual fails to repay an overpayment
assessment that is due and fails to arrange for satisfactory
repayment terms, the commissioner shall impose an interest
penalty of one percent per month of the outstanding balance.
Interest shall accrue immediately on overpayments assessed
pursuant to RCW 50.20.070 and shall be imposed when the
assessment becomes final. For any other overpayment, interest shall accrue when the individual has missed two or more
of the individual’s monthly payments either partially or in
full.
(7) The department shall: (a) Conduct social security
number cross-match audits or engage in other more effective
activities that ensure that individuals are entitled to all
amounts of benefits that they are paid; and (b) engage in other
detection and recovery of overpayment and collection activities. [2007 c 327 § 1; 2006 c 13 § 21. Prior: 2005 c 518 §
934; 2003 2nd sp.s. c 4 § 26; 2002 c 371 § 915; 2001 c 146 §
7; 1995 c 90 § 1; 1993 c 483 § 13; 1991 c 117 § 3; 1990 c 245
§ 5; 1989 c 92 § 2; 1981 c 35 § 6; 1975 1st ex.s. c 228 § 3;
1973 1st ex.s. c 158 § 7; 1953 ex.s. c 8 § 14; 1951 c 215 § 8;
1947 c 215 § 18; 1945 c 35 § 87; Rem. Supp. 1947 § 9998225; prior: 1943 c 127 § 12; 1941 c 253 § 13; 1939 c 214 §
14; 1937 c 162 § 16.]
Severability—Conflict with federal requirements—Effective date—
2007 c 327: See notes following RCW 50.24.014.
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Conflict with federal requirements—1995 c 90: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 90 § 2.]
Effective date—1995 c 90: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 18, 1995]." [1995 c 90 § 4.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
Conflict with federal requirements—1990 c 245: See note following
RCW 50.04.030.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.191 Authority to compromise benefit overpayments. See RCW 50.24.020.
50.20.191
50.20.192 Collection of benefit overpayments, limitation of actions. See RCW 50.24.190.
50.20.192
50.20.193 Chargeoff of uncollectible benefit overpayments. See RCW 50.24.200.
50.20.193
50.20.195 Assessed interest—Use. All receipts from
interest assessed against unemployment insurance claimants
shall be deposited in the administrative contingency fund and
shall be used for the purpose of RCW 50.20.190(6). [1993 c
483 § 14.]
50.20.195
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
50.20.200 Nonliability of state. Benefits shall be
deemed to be due and payable under this title only to the
extent provided in this title and to the extent that moneys are
available therefor to the credit of the unemployment compensation fund, and neither the state nor the commissioner shall
be liable for any amount in excess of such sums. [1945 c 35
§ 88; Rem. Supp. 1945 § 9998-226.]
50.20.200
50.20.210 Notification of availability of basic health
plan. The commissioner shall notify any person filing a
claim under this chapter who resides in a local area served by
the Washington basic health plan of the availability of basic
health care coverage to qualified enrollees in the Washington
basic health plan under chapter 70.47 RCW, unless the
Washington basic health plan administrator has notified the
commissioner of a closure of enrollment in the area. The
commissioner shall maintain a supply of Washington basic
health plan enrollment application forms, which shall be provided in reasonably necessary quantities by the administrator,
in each appropriate employment service office for the use of
persons wishing to apply for enrollment in the Washington
basic health plan. [1987 1st ex.s. c 5 § 16.]
50.20.210
Severability—1987 1st ex.s. c 5: See note following RCW 70.47.901.
50.20.220 Federal income tax deduction and withholding—Notice—Rules. (1) An individual filing a new
50.20.220
Application—1995 c 90: "This act applies to job separations occurring
after July 1, 1995." [1995 c 90 § 3.]
[Title 50 RCW—page 48]
(2008 Ed.)
Benefits and Claims
claim for unemployment insurance must, at the time of filing
such claim, be advised that:
(a) Unemployment insurance is subject to federal
income tax;
(b) Requirements exist pertaining to estimated tax payments;
(c) The individual may elect to have federal income tax
deducted and withheld from the individual’s payment of
unemployment insurance at the amount specified in the federal internal revenue code; and
(d) The individual is permitted to change a previously
elected withholding status.
(2) Amounts deducted and withheld from unemployment
compensation must remain in the unemployment fund until
transferred to the federal taxing authority as a payment of
income tax.
(3) The commissioner shall follow all procedures specified by the United States department of labor and the federal
internal revenue service pertaining to the deducting and withholding of income tax.
(4) The commissioner shall adopt rules to implement this
section. Amounts shall be deducted and withheld in accordance with the priorities established in rules adopted by the
commissioner. [1996 c 28 § 2.]
Findings—1996 c 28: "The legislature finds that:
(1) The unique federal and state partnership of the unemployment
insurance program places a special responsibility on states, and selected
Congressional legislation requires conforming legislation at the state level;
(2) The most recent conformity legislation requires states to offer
unemployed workers the option of having the employment security department withhold federal income tax from unemployment insurance benefits;
(3) Unemployment benefits have been subject to income tax for several
years, and voluntary withholding is a reasonable strategy some claimants
will use to spread the payment of their federal income tax liability over several weeks or months rather than a single payment at income tax time; and
(4) Conformity with federal law supports the federal and state partnership and responds to the needs of this state’s unemployed workers." [1996 c
28 § 1.]
Conflict with federal requirements—1996 c 28: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1996 c 28 § 3.]
Severability—1996 c 28: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1996 c 28 § 4.]
Effective date—Application—1996 c 28: "This act shall take effect
December 31, 1996, and shall apply to payments made after December 31,
1996." [1996 c 28 § 5.]
50.20.230 Electronic labor exchange system. The
employment security department will ensure that within a
reasonably short period of time after the initiation of benefits,
all unemployment insurance claimants, except those with
employer attachment, union referral, in commissionerapproved training, or the subject of antiharassment orders,
register for job search in an electronic labor exchange system
that supports direct employer access for the purpose of selecting job applicants. [1998 c 161 § 3.]
50.20.250
50.20.240
50.20.240 Job search monitoring. (1)(a) To ensure
that following the initial application for benefits, an individual is actively engaged in searching for work, the employment security department shall implement a job search monitoring program. Effective January 4, 2004, the department
shall contract with employment security agencies in other
states to ensure that individuals residing in those states and
receiving benefits under this title are actively engaged in
searching for work in accordance with the requirements of
this section. The department may use interactive voice technology and other electronic means to ensure that individuals
are subject to comparable job search monitoring, regardless
of whether they reside in Washington or elsewhere.
(b) Except for those individuals with employer attachment or union referral, individuals who qualify for unemployment compensation under RCW 50.20.050 (1)(b)(iv) or
(2)(b)(iv), as applicable, and individuals in commissionerapproved training, an individual who has received five or
more weeks of benefits under this title, regardless of whether
the individual resides in Washington or elsewhere, must provide evidence of seeking work, as directed by the commissioner or the commissioner’s agents, for each week beyond
five in which a claim is filed. With regard to claims with an
effective date before January 4, 2004, the evidence must
demonstrate contacts with at least three employers per week
or documented in-person job search activity at the local
reemployment center. With regard to claims with an effective date on or after January 4, 2004, the evidence must demonstrate contacts with at least three employers per week or
documented in-person job search activities at the local reemployment center at least three times per week.
(c) In developing the requirements for the job search
monitoring program, the commissioner or the commissioner’s agents shall utilize an existing advisory committee
having equal representation of employers and workers.
(2) Effective January 4, 2004, an individual who fails to
comply fully with the requirements for actively seeking work
under RCW 50.20.010 shall lose all benefits for all weeks
during which the individual was not in compliance, and the
individual shall be liable for repayment of all such benefits
under RCW 50.20.190. [2006 c 13 § 16. Prior: 2004 c 110
§ 1; 2003 2nd sp.s. c 4 § 10; 2002 c 8 § 3; 1998 c 161 § 4.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
50.20.230
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
(2008 Ed.)
50.20.250
50.20.250 Finding—Self-employment assistance program—Rules. (Expires July 1, 2012.) (1) The legislature
finds that the establishment of a self-employment assistance
program would assist unemployed individuals and create new
businesses and job opportunities in Washington state. The
department shall inform individuals identified as likely to
exhaust regular unemployment benefits of the opportunity to
enroll in commissioner-approved self-employment assistance programs.
[Title 50 RCW—page 49]
Chapter 50.22
Title 50 RCW: Unemployment Compensation
(2) An unemployed individual is eligible to participate in
a self-employment assistance program if it has been determined that he or she:
(a) Is otherwise eligible for regular benefits as defined in
RCW 50.22.010;
(b) Has been identified as likely to exhaust regular
unemployment benefits under a profiling system established
by the commissioner as defined in P.L. 103-152; and
(c) Is enrolled in a self-employment assistance program
that is approved by the commissioner, and includes entrepreneurial training, business counseling, technical assistance,
and requirements to engage in activities relating to the establishment of a business and becoming self-employed.
(3) Individuals participating in a self-employment assistance program approved by the commissioner are eligible to
receive their regular unemployment benefits.
(a) The requirements of RCW 50.20.010 and 50.20.080
relating to availability for work, active search for work, and
refusal to accept suitable work are not applicable to an individual in the self-employment assistance program for the first
fifty-two weeks of the individual’s participation in the program. However, enrollment in a self-employment assistance
program does not entitle the enrollee to any benefit payments
he or she would not be entitled to had he or she not enrolled
in the program.
(b) An individual who meets the requirements of this
section is considered to be "unemployed" under RCW
50.04.310 and 50.20.010.
(4) An individual who fails to participate in his or her
approved self-employment assistance program as prescribed
by the commissioner is disqualified from continuation in the
program.
(5) An individual completing the program may not
directly compete with his or her separating employer for a
specific time period and in a specific geographic area. The
time period may not, in any case, exceed one year. Both the
time period and the geographic area must be reasonable, considering the following factors:
(a) Whether restraining the individual from performing
services is necessary for the protection of the employer or the
employer’s goodwill;
(b) Whether the agreement harms the individual more
than is reasonably necessary to secure the employer’s business or goodwill; and
(c) Whether the loss of the employee’s services and
skills injures the public to a degree warranting nonenforcement of the agreement.
(6) The commissioner shall take all steps necessary in
carrying out this section to assure collaborative involvement
of interested parties in program development, and to ensure
that the self-employment assistance programs meet all federal criteria for withdrawal from the unemployment fund.
The commissioner may approve, as self-employment assistance programs, existing self-employment training programs
available through community colleges, workforce investment
boards, or other organizations and is not obligated by this
section to expend any departmental funds for the operation of
self-employment assistance programs, unless specific funding is provided to the department for that purpose through
federal or state appropriations.
[Title 50 RCW—page 50]
(7) The commissioner may adopt rules as necessary to
implement this section. [2007 c 248 § 1.]
Report to legislature—2007 c 248: "By December 1, 2011, the
employment security department shall report to the house of representatives
commerce and labor committee and the senate labor, commerce, research
and development committee on the performance of the self-employment
assistance program. The report shall include an analysis of the following:
(1) Self-employment impacts;
(2) Wage and salary outcomes;
(3) Benefit payment outcomes; and
(4) A cost-benefit analysis." [2007 c 248 § 3.]
Effective date—2007 c 248: "This act takes effect January 1, 2008."
[2007 c 248 § 4.]
Implementation—2007 c 248: "The commissioner of employment
security may take the necessary steps to ensure that this act is implemented
on its effective date." [2007 c 248 § 5.]
Expiration date—2007 c 248: "This act expires July 1, 2012." [2007
c 248 § 6.]
Chapter 50.22 RCW
EXTENDED AND ADDITIONAL BENEFITS
Chapter 50.22
(Formerly: Extended benefits)
Sections
50.22.010
50.22.020
50.22.030
50.22.040
50.22.050
50.22.060
50.22.105
50.22.130
50.22.140
50.22.150
Definitions.
Application of statute and rules—Eligibility for extended benefits.
Extended benefit eligibility conditions—Interstate claim.
Weekly extended benefit amount.
Total extended benefit amount—Reduction.
Public announcement when extended benefit period becomes
effective or is terminated—Computations of rate of insured
unemployment.
Supplemental additional benefits—February 26, 1994,
through December 31, 1995—Eligibility.
Training benefits program—Intent.
Employment security department authorized to pay training
benefits—Expenditures.
Training benefits—Eligibility—Payment—Local workforce
development council to identify declining and high demand
occupations and skill sets—Rules.
50.22.010 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which
there is an "on" indicator; and
(b) Ends with the third week after the first week for
which there is an "off" indicator: PROVIDED, That no
extended benefit period shall last for a period of less than
thirteen consecutive weeks, and further that no extended benefit period may begin by reason of an "on" indicator before
the fourteenth week after the close of a prior extended benefit
period which was in effect with respect to this state.
(2) There is an "on" indicator for this state for a week if
the commissioner determines, in accordance with the regulations of the United States secretary of labor, that for the
period consisting of such week and the immediately preceding twelve weeks:
(a) The rate of insured unemployment, not seasonally
adjusted, equaled or exceeded one hundred twenty percent of
the average of such rates for the corresponding thirteen-week
period ending in each of the preceding two calendar years and
equaled or exceeded five percent; or
(b) For benefits for weeks of unemployment beginning
after March 6, 1993:
50.22.010
(2008 Ed.)
Extended and Additional Benefits
(i) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of
labor, for the period consisting of the most recent three
months for which data for all states are published before the
close of the week equals or exceeds six and one-half percent;
and
(ii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in (b)(i)
of this subsection, equals or exceeds one hundred ten percent
of the average for either or both of the corresponding threemonth periods ending in the two preceding calendar years.
(3) "High unemployment period" means any period of
unemployment beginning after March 6, 1993, during which
an extended benefit period would be in effect if:
(a) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of
labor, for the period consisting of the most recent three
months for which data for all states are published before the
close of the week equals or exceeds eight percent; and
(b) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in (a) of
this subsection, equals or exceeds one hundred ten percent of
the average for either or both of the corresponding threemonth periods ending in the two preceding calendar years.
(4) There is an "off" indicator for this state for a week
only if, for the period consisting of such week and immediately preceding twelve weeks, none of the options specified
in subsection (2) or (3) of this section result in an "on" indicator.
(5) "Regular benefits" means benefits payable to an individual under this title or under any state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended
benefits or additional benefits.
(6) "Extended benefits" means benefits payable for
weeks of unemployment beginning in an extended benefit
period to an individual under this title or under any state law
(including benefits payable to federal civilian employees and
to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
regular or additional benefits.
(7) "Additional benefits" are benefits totally financed by
the state and payable under this title to exhaustees by reason
of conditions of high unemployment or by reason of other
special factors.
(8) "Eligibility period" of an individual means the period
consisting of the weeks in his or her benefit year which begin
in an extended benefit period that is in effect in this state and,
if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period.
(9) "Additional benefit eligibility period" of an individual means the period consisting of the weeks in his or her
benefit year which begin in an additional benefit period that
is in effect and, if his or her benefit year ends within such
additional benefit period, any weeks thereafter which begin
in such period.
(10) "Exhaustee" means an individual who, with respect
to any week of unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular
benefits that were payable to him or her under this title or any
(2008 Ed.)
50.22.010
other state law (including dependents’ allowances and regular benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in his or her current benefit year that includes such week; or
(b) Has received, prior to such week, all of the regular
benefits that were available to him or her under this title or
any other state law (including dependents’ allowances and
regular benefits available to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85) in his or her current benefit year that includes such week, after the cancellation of some or all of his or her wage credits or the total or
partial reduction of his or her rights to regular benefits: PROVIDED, That, for the purposes of (a) and (b), an individual
shall be deemed to have received in his or her current benefit
year all of the regular benefits that were payable to him or
her, or available to him or her, as the case may be, even
though:
(i) As a result of a pending appeal with respect to wages
or employment, or both, that were not included in the original
monetary determination with respect to his or her current
benefit year, he or she may subsequently be determined to be
entitled to more regular benefits; or
(ii) By reason of the seasonal provisions of another state
law, he or she is not entitled to regular benefits with respect
to such week of unemployment (although he or she may be
entitled to regular benefits with respect to future weeks of
unemployment in the next season, as the case may be, in his
or her current benefit year), and he or she is otherwise an
exhaustee within the meaning of this section with respect to
his or her right to regular benefits under such state law seasonal provisions during the season or off season in which that
week of unemployment occurs; or
(iii) Having established a benefit year, no regular benefits are payable to him or her during such year because his or
her wage credits were canceled or his or her right to regular
benefits was totally reduced as the result of the application of
a disqualification; or
(c) His or her benefit year having ended prior to such
week, he or she has insufficient wages or employment, or
both, on the basis of which he or she could establish in any
state a new benefit year that would include such week, or
having established a new benefit year that includes such
week, he or she is precluded from receiving regular benefits
by reason of the provision in RCW 50.04.030 which meets
the requirement of section 3304(a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state
law; and
(d)(i) Has no right for such week to unemployment benefits or allowances, as the case may be, under the Railroad
Unemployment Insurance Act, the Trade Expansion Act of
1962, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and
(ii) Has not received and is not seeking for such week
unemployment benefits under the unemployment compensation law of Canada, unless the appropriate agency finally
determines that he or she is not entitled to unemployment
benefits under such law for such week.
(11) "State law" means the unemployment insurance law
of any state, approved by the United States secretary of labor
under section 3304 of the internal revenue code of 1954.
[1993 c 483 § 15; 1985 ex.s. c 5 § 10; 1983 c 1 § 1; 1982 1st
[Title 50 RCW—page 51]
50.22.020
Title 50 RCW: Unemployment Compensation
ex.s. c 18 § 2; 1981 c 35 § 7; 1977 ex.s. c 292 § 11; 1973 c 73
§ 7; 1971 c 1 § 2.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Severability—1981 c 35: See note following RCW 50.22.030.
Application—1977 ex.s. c 292 § 11: "The provisions of section 11 of
this 1977 amendatory act shall apply to the week ending May 21, 1977, and
all weeks thereafter." [1977 ex.s. c 292 § 25.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Emergency—Effective date—1971 c 1: "This 1971 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on the Sunday following the day on which the
governor signs this enactment [January 17, 1971]." [1971 c 1 § 11.]
Repealer—Effect as to benefits—1971 c 1: "Section 23, chapter 2,
Laws of 1970 ex. sess. and RCW 50.20.127 are each hereby repealed. No
benefits shall be paid pursuant to RCW 50.20.127 for weeks commencing on
or after the effective date of this 1971 amendatory act." [1971 c 1 § 10.]
50.22.020 Application of statute and rules—Eligibility for extended benefits. When the result would not be
inconsistent with the other provisions of this chapter, the provisions of this title and commissioner’s regulations enacted
pursuant thereto, which apply to claims for, or the payment
of, regular benefits, shall apply to claims for, and the payment of, extended benefits: PROVIDED, That
(1) Payment of extended compensation under this chapter shall not be made to any individual for any week of unemployment in his or her eligibility period—
(a) During which he or she fails to accept any offer of
suitable work (as defined in subsection (3) of this section) or
fails to apply for any suitable work to which he or she was
referred by the employment security department; or
(b) During which he or she fails to actively engage in
seeking work.
(2) If any individual is ineligible for extended compensation for any week by reason of a failure described in subsections (1)(a) or (1)(b) of this section, the individual shall be
ineligible to receive extended compensation for any week
which begins during a period which—
(a) Begins with the week following the week in which
such failure occurs; and
(b) Does not end until such individual has been
employed during at least four weeks which begin after such
failure and the total of the remuneration earned by the individual for being so employed is not less than the product of
four multiplied by the individual’s weekly benefit amount (as
determined under RCW 50.20.120) for his or her benefit
year.
(3) For purposes of this section, the term "suitable work"
means, with respect to any individual, any work which is
within such individual’s capabilities and which does not
in v o l v e c o n d it io n s d e s cr i b e d i n R C W 5 0 . 2 0 . 1 1 0 :
PROVIDED, That if the individual furnishes evidence satisfactory to the employment security department that such individual’s prospects for obtaining work in his or her customary
occupation within a reasonably short period are good, the
50.22.020
[Title 50 RCW—page 52]
determination of whether any work is suitable work with
respect to such individual shall be made in accordance with
RCW 50.20.100.
(4) Extended compensation shall not be denied under
subsection (1)(a) of this section to any individual for any
week by reason of a failure to accept an offer of, or apply for,
suitable work if:
(a) The gross average weekly remuneration payable to
such individual for the position does not exceed the sum of—
(i) The individual’s weekly benefit amount (as determined under RCW 50.20.120) for his or her benefit year; plus
(ii) The amount (if any) of supplemental unemployment
compensation benefits (as defined in section 501(c)(17)(D)
of the Internal Revenue Code of 1954, 26 U.S.C. Sec.
501(c)(17)(D)), payable to such individual for such week;
(b) The position was not offered to such individual in
writing and was not listed with the employment security
department;
(c) Such failure would not result in a denial of compensation under the provisions of RCW 50.20.080 and 50.20.100
to the extent such provisions are not inconsistent with the
provisions of subsections (3) and (5) of this section; or
(d) The position pays wages less than the higher of—
(i) The minimum wage provided by section (6)(a)(1) of
the Fair Labor Standards Act of 1938, without regard to any
exemption; or
(ii) Any applicable state or local minimum wage.
(5) For purposes of this section, an individual shall be
treated as actively engaged in seeking work during any week
if:
(a) The individual has engaged in a systematic and sustained effort to obtain work during such week; and
(b) The individual provides tangible evidence to the
employment security department that he or she has engaged
in such an effort during such week.
(6) The employment security department shall refer
applicants for benefits under this chapter to any suitable work
to which subsections (4)(a) through (4)(d) of this section
would not apply.
(7) No provisions of this title which terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment
shall apply for purposes of determining eligibility for
extended compensation unless such termination is based
upon employment subsequent to the date of such disqualification.
(8) The provisions of subsections (1) through (7) of this
section shall apply with respect to weeks of unemployment
beginning after March 31, 1981: PROVIDED HOWEVER,
That the provisions of subsections (1) through (7) of this section shall not apply to those weeks of unemployment beginning after March 6, 1993, and before January 1, 1995. [1993
c 483 § 16; 1993 c 58 § 3; 1981 c 35 § 8; 1971 c 1 § 3.]
Reviser’s note: This section was amended by 1993 c 58 § 3 and by
1993 c 483 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—Effective date—
1993 c 58: See notes following RCW 50.04.165.
(2008 Ed.)
Extended and Additional Benefits
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
50.22.030 Extended benefit eligibility conditions—
Interstate claim. (1) An individual shall be eligible to
receive extended benefits with respect to any week of
unemployment in his or her eligibility period only if the commissioner finds with respect to such week that:
(a) The individual is an "exhaustee" as defined in RCW
50.22.010;
(b) He or she has satisfied the requirements of this title
for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(c) He or she has earned wages in the applicable base
year of at least:
(i) Forty times his or her weekly benefit amount; or
(ii) One and one-half times his or her insured wages in
the calendar quarter of the base period in which the insured
wages are the highest, for weeks of unemployment on or after
July 3, 1992.
(2) An individual filing an interstate claim in any state
under the interstate benefit payment plan shall not be eligible
to receive extended benefits for any week beyond the first
two weeks claimed for which extended benefits are payable
unless an extended benefit period embracing such week is
also in effect in the agent state. [1993 c 483 § 17; 1982 1st
ex.s. c 18 § 4; 1981 c 35 § 9; 1971 c 1 § 4.]
50.22.030
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Effective dates—1982 1st ex.s. c 18: "Sections 2, 9[10], 10[11],
11[12], 16[17], and 17[18] of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately
[April 2, 1982]. Section 4 of this act shall take effect on September 26,
1982." [1982 1st ex.s. c 18 § 23.] The bracketed section references in this
section correct erroneous internal references which occurred during the
engrossing process after a new section was added by amendment.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
Construction—1981 c 35 §§ 3, 5, 8, and 9: "Sections 3, 5, and 8 of this
1981 amendatory act are being enacted to comply with the provisions of Pub.
L. 96-499. Ambiguities in those sections should be interpreted in accordance
with provisions of that federal law. Section 9 of this 1981 amendatory act is
enacted pursuant to Pub. L. 96-364. Any ambiguities in that section should
be construed in accordance with that federal law." [1981 c 35 § 15.]
Effective dates—1981 c 35 §§ 1, 2, 3, 5, 8, 9, and 12: "Sections 1, 2,
3, 5, 8, and 12 of this amendatory act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions and shall take effect immediately
[April 20, 1981]; section 9 of this amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions and shall take effect with
weeks beginning on and after June 1, 1981." [1981 c 35 § 16.]
Severability—1981 c 35: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 35 § 17.]
50.22.040 Weekly extended benefit amount. The
weekly extended benefit amount payable to an individual for
a week of total unemployment in his eligibility period shall
be an amount equal to the weekly benefit amount payable to
him during his applicable benefit year. However, for those
individuals whose eligibility period for extended benefits
50.22.060
commences with weeks beginning after October 1, 1983, the
weekly benefit amount, as computed in RCW 50.20.120(2)
and payable under this section, if not a multiple of one dollar,
shall be reduced to the next lower multiple of one dollar.
[1983 1st ex.s. c 23 § 13; 1971 c 1 § 5.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.22.050 Total extended benefit amount—Reduction. (1) The total extended benefit amount payable to any
eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:
(a) Fifty percent of the total amount of regular benefits
which were payable to him or her under this title in his or her
applicable benefit year;
(b) Thirteen times his or her weekly benefit amount
which was payable to him or her under this title for a week of
total unemployment in the applicable benefit year; or
(c) Thirty-nine times his or her weekly benefit amount
which was payable to him or her under this title for a week of
total unemployment in the applicable benefit year, reduced
by the total amount of regular benefits which were paid (or
deemed paid) to him or her under this title with respect to the
benefit year.
(2) Notwithstanding any other provision of this chapter,
if the benefit year of any eligible individual ends within an
extended benefit period, the extended benefits which the individual would otherwise be entitled to receive with respect to
weeks of unemployment beginning after the end of the benefit year and within the extended benefit period shall be
reduced (but not below zero) by the product of the number of
weeks for which the individual received any amount as a
trade readjustment allowance within that benefit year, multiplied by the individual’s weekly extended benefit amount.
(3) Effective for weeks beginning in a high unemployment period as defined in RCW 50.22.010(3) the total
extended benefit amount payable to any eligible individual
with respect to his or her applicable benefit year shall be the
least of the following amounts:
(a) Eighty percent of the total amount of regular benefits
that were payable to him or her under this title in his or her
applicable benefit year;
(b) Twenty times his or her weekly benefit amount that
was payable to him or her under this title for a week of total
unemployment in the applicable benefit year; or
(c) Forty-six times his or her weekly benefit amount that
was payable to him or her under this title for a week of total
unemployment in the applicable benefit year, reduced by the
total amount of regular benefits which were paid, or deemed
paid, to him or her under this title with respect to the benefit
year. [1993 c 483 § 18; 1982 1st ex.s. c 18 § 5; 1971 c 1 § 6.]
50.22.050
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.22.040
(2008 Ed.)
50.22.060 Public announcement when extended benefit period becomes effective or is terminated—Computations of rate of insured unemployment. (1) Whenever an
extended benefit period is to become effective in this state (or
in all states) as a result of an "on" indicator, or an extended
50.22.060
[Title 50 RCW—page 53]
50.22.105
Title 50 RCW: Unemployment Compensation
benefit period is to be terminated in this state as a result of an
"off" indicator, the commissioner shall make an appropriate
public announcement.
(2) Computations required by the provisions of RCW
50.22.010(4) shall be made by the commissioner, in accordance with regulations prescribed by the United States secretary of labor. [1982 1st ex.s. c 18 § 3; 1971 c 1 § 7.]
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.22.105 Supplemental additional benefits—February 26, 1994, through December 31, 1995—Eligibility.
Supplemental additional benefits shall be available to individuals who, under this chapter, had a balance of extended
benefits available after payments up to and including the
week ending February 26, 1994.
(1) Total supplemental additional benefits payable shall
be equal to the extended benefit balance remaining after
extended benefit payments for up to and including the week
ending February 26, 1994, and shall be paid at the same
weekly benefit amount.
(2) The week ending March 5, 1994, is the first week for
which supplemental additional benefits are payable.
(3) Supplemental additional benefits shall be paid under
the same terms and conditions as extended benefits.
(4) Supplemental additional benefits are not payable for
weeks more than one year beyond the end of the benefit year
of the regular claim.
(5) Weeks of supplemental additional benefits may not
be paid for weeks that begin after the start of a new extended
benefit period, or any totally federally funded benefit program with eligibility criteria and benefits comparable to additional benefits.
(6) Weeks of supplemental additional benefits may not
be paid for weeks of unemployment beginning after December 31, 1995.
(7) The department shall seek federal funding to reimburse the state for the supplemental additional benefits paid
under this section. Any federal funds received by the state for
reimbursement shall be deposited in the unemployment trust
fund solely for the payment of benefits under this title. [1994
c 3 § 3.]
Individuals unemployed as a result of structural changes
in the economy and technological advances rendering their
skills obsolete must receive the highest priority for participation in this program. It is the further intent of the legislature
that individuals for whom suitable employment is available
are not eligible for additional benefits while participating in
training.
The legislature further intends that funding for this program be limited by a specified maximum amount each fiscal
year. [2000 c 2 § 6.]
50.22.105
Conflict with federal requirements—Severability—Effective
dates—1994 c 3: See notes following RCW 50.04.020.
50.22.130 Training benefits program—Intent. It is
the intent of the legislature that a training benefits program be
established to provide unemployment insurance benefits to
unemployed individuals who participate in training programs
necessary for their reemployment.
The legislature further intends that this program serve
the following goals:
(1) Retraining should be available for those unemployed
individuals whose skills are no longer in demand;
(2) To be eligible for retraining, an individual must have
a long-term attachment to the labor force;
(3) Training must enhance the individual’s marketable
skills and earning power; and
(4) Retraining must be targeted to those industries or
skills that are in high demand within the labor market.
50.22.130
[Title 50 RCW—page 54]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.22.140
50.22.140 Employment security department authorized to pay training benefits—Expenditures. (1) The
employment security department is authorized to pay training
benefits under RCW 50.22.150, but may not obligate expenditures beyond the limits specified in this section or as otherwise set by the legislature. For the fiscal year ending June 30,
2000, the commissioner may not obligate more than twenty
million dollars for training benefits. For the two fiscal years
ending June 30, 2002, the commissioner may not obligate
more than sixty million dollars for training benefits. Any
funds not obligated in one fiscal year may be carried forward
to the next fiscal year. For each fiscal year beginning after
June 30, 2002, the commissioner may not obligate more than
twenty million dollars annually in addition to any funds carried forward from previous fiscal years. The department shall
develop a process to ensure that expenditures do not exceed
available funds and to prioritize access to funds when again
available.
(2) After June 30, 2002, in addition to the amounts that
may be obligated under subsection (1) of this section, the
commissioner may obligate up to thirty-four million dollars
for training benefits under RCW 50.22.150 for individuals in
the aerospace industry assigned the standard industrial classification code "372" or the North American industry classification system code "336411" whose claims are filed before
January 5, 2003. The funds provided in this subsection must
be fully obligated for training benefits for these individuals
before the funds provided in subsection (1) of this section
may be obligated for training benefits for these individuals.
Any amount of the funds specified in this subsection that is
not obligated as permitted may not be carried forward to any
future period. [2002 c 149 § 1; 2000 2nd sp.s. c 1 § 916; 2000
c 2 § 7.]
Conflict with federal requirements—2002 c 149: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2002 c 149
§ 15.]
Severability—2002 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 149 § 16.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
(2008 Ed.)
Extended and Additional Benefits
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.22.150 Training benefits—Eligibility—Payment—Local workforce development council to identify
declining and high demand occupations and skill sets—
Rules. (1) Subject to availability of funds, training benefits
are available for an individual who is eligible for or has
exhausted entitlement to unemployment compensation benefits and who:
(a) Is a dislocated worker as defined in RCW 50.04.075;
(b) Except as provided under subsection (2) of this section, has demonstrated, through a work history, sufficient tenure in an occupation or in work with a particular skill set.
This screening will take place during the assessment process;
(c) Is, after assessment of demand for the individual’s
occupation or skills in the individual’s labor market, determined to need job-related training to find suitable employment in his or her labor market. Beginning July 1, 2001, the
assessment of demand for the individual’s occupation or skill
sets must be substantially based on declining occupation or
skill sets identified in local labor market areas by the local
workforce development councils, in cooperation with the
employment security department and its labor market information division, under subsection (10) of this section;
(d) Develops an individual training program that is submitted to the commissioner for approval within sixty days
after the individual is notified by the employment security
department of the requirements of this section;
(e) Enters the approved training program by ninety days
after the date of the notification, unless the employment security department determines that the training is not available
during the ninety-day period, in which case the individual
enters training as soon as it is available; and
(f) Is enrolled in training approved under this section on
a full-time basis as determined by the educational institution,
and is making satisfactory progress in the training as certified
by the educational institution.
(2) Until June 30, 2002, the following individuals who
meet the requirements of subsection (1) of this section may,
without regard to the tenure requirements under subsection
(1)(b) of this section, receive training benefits as provided in
this section:
(a) An exhaustee who has base year employment in the
aerospace industry assigned the standard industrial classification code "372" or the North American industry classification
system code "336411";
(b) An exhaustee who has base year employment in the
forest products industry, determined by the department, but
including the industries assigned the major group standard
industrial classification codes "24" and "26" or any equivalent codes in the North American industry classification system code, and the industries involved in the harvesting and
management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing
and distribution of wood processing and logging equipment;
or
(c) An exhaustee who has base year employment in the
fishing industry assigned the standard industrial classification code "0912" or any equivalent codes in the North American industry classification system code.
50.22.150
(2008 Ed.)
50.22.150
(3) An individual is not eligible for training benefits
under this section if he or she:
(a) Is a standby claimant who expects recall to his or her
regular employer;
(b) Has a definite recall date that is within six months of
the date he or she is laid off; or
(c) Is unemployed due to a regular seasonal layoff which
demonstrates a pattern of unemployment consistent with the
provisions of *RCW 50.20.015. Regular seasonal layoff does
not include layoff due to permanent structural downsizing or
structural changes in the individual’s labor market.
(4) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Educational institution" means an institution of
higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410, including
equivalent educational institutions in other states.
(b) "Sufficient tenure" means earning a plurality of
wages in a particular occupation or using a particular skill set
during the base year and at least two of the four twelve-month
periods immediately preceding the base year.
(c) "Training benefits" means additional benefits paid
under this section.
(d) "Training program" means:
(i) An education program determined to be necessary as
a prerequisite to vocational training after counseling at the
educational institution in which the individual enrolls under
his or her approved training program; or
(ii) A vocational training program at an educational institution:
(A) That is targeted to training for a high demand occupation. Beginning July 1, 2001, the assessment of high
demand occupations authorized for training under this section must be substantially based on labor market and employment information developed by local workforce development
councils, in cooperation with the employment security
department and its labor market information division, under
subsection (10) of this section;
(B) That is likely to enhance the individual’s marketable
skills and earning power; and
(C) That meets the criteria for performance developed by
the workforce training and education coordinating board for
the purpose of determining those training programs eligible
for funding under Title I of P.L. 105-220.
"Training program" does not include any course of education primarily intended to meet the requirements of a baccalaureate or higher degree, unless the training meets specific
requirements for certification, licensing, or for specific skills
necessary for the occupation.
(5) Benefits shall be paid as follows:
(a)(i) Except as provided in (a)(iii) of this subsection, for
exhaustees who are eligible under subsection (1) of this section, the total training benefit amount shall be fifty-two times
the individual’s weekly benefit amount, reduced by the total
amount of regular benefits and extended benefits paid, or
deemed paid, with respect to the benefit year; or
(ii) For exhaustees who are eligible under subsection (2)
of this section, for claims filed before June 30, 2002, the total
training benefit amount shall be seventy-four times the individual’s weekly benefit amount, reduced by the total amount
[Title 50 RCW—page 55]
Chapter 50.24
Title 50 RCW: Unemployment Compensation
of regular benefits and extended benefits paid, or deemed
paid, with respect to the benefit year; or
(iii) For exhaustees eligible under subsection (1) of this
section from industries listed under subsection (2)(a) of this
section, for claims filed on or after June 30, 2002, but before
January 5, 2003, the total training benefit amount shall be
seventy-four times the individual’s weekly benefit amount,
reduced by the total amount of regular benefits and extended
benefits paid, or deemed paid, with respect to the benefit
year.
(b) The weekly benefit amount shall be the same as the
regular weekly amount payable during the applicable benefit
year and shall be paid under the same terms and conditions as
regular benefits. The training benefits shall be paid before
any extended benefits but not before any similar federally
funded program.
(c) Training benefits are not payable for weeks more
than two years beyond the end of the benefit year of the regular claim.
(6) The requirement under RCW 50.22.010(10) relating
to exhausting regular benefits does not apply to an individual
otherwise eligible for training benefits under this section
when the individual’s benefit year ends before his or her
training benefits are exhausted and the individual is eligible
for a new benefit year. These individuals will have the option
of remaining on the original claim or filing a new claim.
(7)(a) Except as provided in (b) of this subsection, individuals who receive training benefits under this section or
under any previous additional benefits program for training
are not eligible for training benefits under this section for five
years from the last receipt of training benefits under this section or under any previous additional benefits program for
training.
(b) With respect to claims that are filed before January 5,
2003, an individual in the aerospace industry assigned the
standard industrial code "372" or the North American industry classification system code "336411" who received training benefits under this section, and who had been making satisfactory progress in a training program but did not complete
the program, is eligible, without regard to the five-year limitation of this section and without regard to the requirement of
subsection (1)(b) of this section, if applicable, to receive
training benefits under this section in order to complete that
training program. The total training benefit amount that
applies to the individual is seventy-four times the individual’s weekly benefit amount, reduced by the total amount of
regular benefits paid, or deemed paid, with respect to the benefit year in which the training program resumed and, if applicable, reduced by the amount of training benefits paid, or
deemed paid, with respect to the benefit year in which the
training program commenced.
(8) An individual eligible to receive a trade readjustment
allowance under chapter 2 of Title II of the Trade Act of
1974, as amended, shall not be eligible to receive benefits
under this section for each week the individual receives such
trade readjustment allowance. An individual eligible to
receive emergency unemployment compensation, so called,
under any federal law, shall not be eligible to receive benefits
under this section for each week the individual receives such
compensation.
[Title 50 RCW—page 56]
(9) All base year employers are interested parties to the
approval of training and the granting of training benefits.
(10) By July 1, 2001, each local workforce development
council, in cooperation with the employment security department and its labor market information division, must identify
occupations and skill sets that are declining and occupations
and skill sets that are in high demand. For the purposes of
RCW 50.22.130 through 50.22.150 and section 9, chapter 2,
Laws of 2000, "high demand" means demand for employment that exceeds the supply of qualified workers for occupations or skill sets in a labor market area. Local workforce
development councils must use state and locally developed
labor market information. Thereafter, each local workforce
development council shall update this information annually
or more frequently if needed.
(11) The commissioner shall adopt rules as necessary to
implement this section. [2002 c 149 § 2; 2000 c 2 § 8.]
35.
*Reviser’s note: RCW 50.20.015 was repealed by 2003 2nd sp.s. c 4 §
Effective dates—2002 c 149 §§ 2 and 8: "(1) Section 2 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [March 26, 2002].
(2) Section 8 of this act takes effect January 1, 2005." [2002 c 149 §
19.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: "(1) Sections 1, 2,
4, 5, and 15 of this act apply to rate years beginning on or after January 1,
2000.
(2)(a) Except as provided under (b) of this subsection, sections 8 and
12 through 14 of this act apply beginning with weeks of unemployment that
begin on or after the Sunday following the day on which the governor signs
chapter 2, Laws of 2000 [February 13, 2000].
(b) For individuals eligible under section 8(2)(a) of this act who are
enrolled in a national reserve grant on February 7, 2000, section 8 of this act
applies beginning with weeks of unemployment that begin after the termination of their needs-related payments under a national reserve grant." [2000 c
2 § 16.]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Chapter 50.24
Chapter 50.24 RCW
CONTRIBUTIONS BY EMPLOYERS
Sections
50.24.010
50.24.014
50.24.015
50.24.020
50.24.030
50.24.040
50.24.050
50.24.060
50.24.070
50.24.080
50.24.090
50.24.100
50.24.110
50.24.115
50.24.120
50.24.125
Payment of contributions—Amount of wages subject to tax—
Wages paid by employers making payments in lieu of contributions not remuneration.
Financing special unemployment assistance—Financing the
employment security department’s administrative costs—
Accounts—Contributions.
Wages—Deemed paid when contractually due.
Authority to compromise.
Contributions erroneously paid to United States or another
state.
Interest on delinquent contributions.
Lien for contributions generally.
Lien in event of insolvency or dissolution.
Order and notice of assessment.
Jeopardy assessment.
Distraint, seizure, and sale.
Distraint procedure.
Notice and order to withhold and deliver.
Warrant—Authorized—Filing—Lien—Enforcement.
Collection by civil action.
Collection by civil action—Collection of delinquent payments
in lieu of contributions from political subdivisions or instrumentalities thereof.
(2008 Ed.)
Contributions by Employers
50.24.130
50.24.140
50.24.150
50.24.160
50.24.170
50.24.180
50.24.190
50.24.200
50.24.210
50.24.220
50.24.230
Contractor’s and principal’s liability for contributions—
Exceptions.
Collection remedies cumulative.
Contribution adjustments and refunds.
Election of coverage.
Joint accounts.
Injunction proceedings.
Limitation of actions.
Chargeoff of uncollectible accounts.
Contributions due and payable upon termination or disposal of
business—Successor liability.
Client employer liability—Collection.
Corporate or limited liability company officers, members, and
owners—Personal liability.
50.24.010 Payment of contributions—Amount of
wages subject to tax—Wages paid by employers making
payments in lieu of contributions not remuneration. Contributions shall accrue and become payable by each employer
(except employers as described in RCW 50.44.010 who have
properly elected to make payments in lieu of contributions
and those employers who are required to make payments in
lieu of contributions) for each calendar year in which the
employer is subject to this title at the rate established pursuant to chapter 50.29 RCW.
In each rate year, the amount of wages subject to tax for
each individual shall be one hundred fifteen percent of the
amount of wages subject to tax for the previous year rounded
to the next lower one hundred dollars, except that the amount
of wages subject to tax in any rate year shall not exceed
eighty percent of the "average annual wage for contributions
purposes" for the second preceding calendar year rounded to
the next lower one hundred dollars. However, the amount
subject to tax shall be twenty-four thousand three hundred
dollars for rate year 2000.
In making computations under this section and RCW
50.29.010, wages paid based on services for employers making payments in lieu of contributions shall not be considered
remuneration. Moneys paid from the fund, based on services
performed for employers who make payments in lieu of contributions, which have not been reimbursed to the fund as of
any June 30 shall be deemed an asset of the unemployment
compensation fund, to the extent that such moneys exceed the
amount of payments in lieu of contributions which the commissioner has previously determined to be uncollectible:
PROVIDED, FURTHER, That the amount attributable to
employment with the state shall also include interest as provided for in RCW 50.44.020.
Contributions shall become due and be paid by each
employer to the treasurer for the unemployment compensation fund in accordance with such regulations as the commissioner may prescribe, and shall not be deducted, in whole or
in part, from the remuneration of individuals in employment
of the employer. Any deduction in violation of the provisions
of this section shall be unlawful.
In the payment of any contributions, a fractional part of
a cent shall be disregarded unless it amounts to one-half cent
or more, in which case it shall be increased to one cent. [2000
c 2 § 2; 1984 c 205 § 2; 1977 ex.s. c 33 § 9; 1971 c 3 § 13;
1970 ex.s. c 2 § 8; 1949 c 214 § 18; 1945 c 35 § 89; Rem.
Supp. 1949 § 9998-227. Prior: 1943 c 127 § 5; 1941 c 253 §
5; 1939 c 214 § 5; 1937 c 162 § 7.]
50.24.014
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Effective dates—Construction—1977 ex.s. c 33: See notes following
RCW 50.04.030.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.24.010
Reviser’s note: Referendum Measure No. 53 was rejected by the voters
at the November 2002 election. This section has been returned to the status
existing before its amendment by 2002 c 149.
(2008 Ed.)
50.24.014 Financing special unemployment assistance—Financing the employment security department’s
administrative costs—Accounts—Contributions. (1)(a) A
separate and identifiable account to provide for the financing
of special programs to assist the unemployed is established in
the administrative contingency fund. All money in this
account shall be expended solely for the purposes of this title
and for no other purposes whatsoever. Contributions to this
account shall accrue and become payable by each employer,
except employers as described in RCW 50.44.010 and
50.44.030 who have properly elected to make payments in
lieu of contributions, taxable local government employers as
described in RCW 50.44.035, and those employers who are
required to make payments in lieu of contributions, at a basic
rate of two one-hundredths of one percent. The amount of
wages subject to tax shall be determined under RCW
50.24.010.
(b) A separate and identifiable account is established in
the administrative contingency fund for financing the
employment security department’s administrative cost under
RCW 50.22.150 and the costs under RCW 50.22.150(10).
All money in this account shall be expended solely for the
purposes of this title and for no other purposes whatsoever.
Contributions to this account shall accrue and become payable by each employer, except employers as described in
RCW 50.44.010 and 50.44.030 who have properly elected to
make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, those
employers who are required to make payments in lieu of contr ibutio ns, those employers descr ibed under RCW
50.29.025(1)(f)(ii), and those qualified employers assigned
rate class 20 or rate class 40, as applicable, under RCW
50.29.025, at a basic rate of one one-hundredth of one percent. The amount of wages subject to tax shall be determined
under RCW 50.24.010. Any amount of contributions payable
under this subsection (1)(b) that exceeds the amount that
would have been collected at a rate of four one-thousandths
of one percent must be deposited in the account created in (a)
of this subsection.
(2)(a) Contributions under this section shall become due
and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or
in part, from the remuneration of individuals in the employ of
the employer. Any deduction in violation of this section is
unlawful.
(b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it
amounts to one-half cent or more, in which case it shall be
increased to one cent.
50.24.014
[Title 50 RCW—page 57]
50.24.015
Title 50 RCW: Unemployment Compensation
(3) If the commissioner determines that federal funding
has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct
that collection of contributions under this section be terminated on the following January 1st. [2007 c 327 § 2; 2006 c
13 § 20. Prior: 2003 2nd sp.s. c 4 § 25; 2000 c 2 § 15; prior:
1998 c 346 § 901; 1998 c 161 § 7; 1994 c 187 § 3; 1993 c 483
§ 20; 1987 c 171 § 4; 1985 ex.s. c 5 § 8.]
Severability—2007 c 327: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 327 § 5.]
Conflict with federal requirements—2007 c 327: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2007 c 327
§ 6.]
Effective date—2007 c 327: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 327 § 7.]
Retroactive application—2006 c 13 §§ 8-22: See note following
RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Construction—1998 c 346: "This act shall not be construed as affecting any right or cause of action asserted in Washington State Legislature v.
State of Washington (Thurston county superior court cause no. 98-2-001051)." [1998 c 346 § 912.]
Severability—1998 c 346: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 346 § 914.]
Effective date—1998 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 346 § 915.]
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
Conflict with federal requirements—1994 c 187: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1994 c 187 § 6.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.24.015 Wages—Deemed paid when contractually
due. For the purposes of liability for, collection of, and
50.24.015
[Title 50 RCW—page 58]
assessment of contributions, wages shall be deemed paid
when such wages are contractually due but are unpaid
because of the refusal or inability of the employer to make
such payment. [1973 1st ex.s. c 158 § 19.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.24.020 Authority to compromise. The commissioner may compromise any claim for contributions, interest,
or penalties, and any amount owed by an individual because
of benefit overpayments, whether reduced to judgment or
otherwise, existing or arising under this title in any case
where collection of the full claim, in the case of contributions, interest, or penalties, would result in the insolvency of
the employing unit or individual from whom such contributions, interest, or penalties are claimed, and any case where
collection of the full amount of benefit overpayments made
to an individual, whether reduced to judgment or otherwise,
would be against equity and good conscience.
Whenever a compromise is made by the commissioner in
the case of a claim for contributions, interest, or penalties,
there shall be placed on file in the office of the unemployment compensation division a statement of the amount of
contributions, interest, and penalties imposed by law and
claimed due, a complete record of the compromise agreement
and the amount actually paid in accordance with the terms of
the compromise agreement. Whenever a compromise is made
by the commissioner in the case of a claim of a benefit overpayment, whether reduced to judgment or otherwise, there
shall be placed on file in the office of the unemployment
compensation division a statement of the amount of the benefit overpayment, attorneys’ fees and costs, if any, a complete
record of the compromise agreement and the amount actually
paid in accordance with the terms of the compromise agreement.
If any such compromise is accepted by the commissioner, within such time as may be stated in the compromise
or agreed to, such compromise shall be final and conclusive
and except upon showing of fraud or malfeasance or misrepresentation of a material fact the case shall not be reopened as
to the matters agreed upon. In any suit, action, or proceeding,
such agreement or any determination, collection, payment,
adjustment, refund, or credit made in accordance therewith
shall not be annulled, modified, set aside, or disregarded.
[1983 1st ex.s. c 23 § 14; 1955 c 286 § 5; 1945 c 35 § 90;
Rem. Supp. 1945 § 9998-228.]
50.24.020
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1955 c 286: "The provisions of section 5 of this act
shall not become effective until the 3rd day of July, 1955." [1955 c 286 §
17.]
50.24.030 Contributions erroneously paid to United
States or another state. Payments of contributions erroneously paid to an unemployment compensation fund of
another state or to the United States government which
should have been paid to this state and which thereafter shall
be refunded by such other state or the United States government and paid by the employer to this state, shall be deemed
to have been paid to this state and to have filed contribution
reports thereon at the date of payment to the United States
50.24.030
(2008 Ed.)
Contributions by Employers
government or such other state. [1953 ex.s. c 8 § 15; 1949 c
214 § 19; 1945 c 35 § 91; Rem. Supp. 1949 § 9998-229.]
50.24.040 Interest on delinquent contributions. If
contributions are not paid on the date on which they are due
and payable as prescribed by the commissioner, the whole or
part thereof remaining unpaid shall bear interest at the rate of
one percent per month or fraction thereof from and after such
date until payment plus accrued interest is received by him.
The date as of which payment of contributions, if mailed, is
deemed to have been received may be determined by such
regulations as the commissioner may prescribe. Interest collected pursuant to this section shall be paid into the administrative contingency fund. Interest shall not accrue on contributions from any estate in the hands of a receiver, executor,
administrator, trustee in bankruptcy, common law assignee or
other liquidating officer subsequent to the date when such
receiver, executor, administrator, trustee in bankruptcy, common law assignee or other liquidating officer qualifies as
such, but contributions accruing with respect to employment
of persons by any receiver, executor, administrator, trustee in
bankruptcy, common law assignee or other liquidating
officer shall become due and shall draw interest in the same
manner as contributions due from other employers. Where
adequate information has been furnished the department and
the department has failed to act or has advised the employer
of no liability or inability to decide the issue, interest may be
waived. [1987 c 111 § 3; 1973 1st ex.s. c 158 § 8; 1953 ex.s.
c 8 § 16; 1945 c 35 § 92; Rem. Supp. 1945 § 9998-230. Prior:
1943 c 127 § 10; 1941 c 253 § 11.]
50.24.040
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.24.050 Lien for contributions generally. The claim
of the employment security department for any contributions,
interest, or penalties not paid when due, shall be a lien prior
to all other liens or claims and on a parity with prior tax liens
against all property and rights to property, whether real or
personal, belonging to the employer. In order to avail itself of
the lien hereby created, the department shall file with any
county auditor where property of the employer is located a
statement and claim of lien specifying the amount of delinquent contributions, interest, and penalties claimed by the
department. From the time of filing for record, the amount
required to be paid shall constitute a lien upon all property
and rights to property, whether real or personal, in the county,
owned by the employer or acquired by him. The lien shall not
be valid against any purchaser, holder of a security interest,
mechanic’s lien, or judgment lien creditor until notice thereof
has been filed with the county auditor. This lien shall be separate and apart from, and in addition to, any other lien or
claim created by, or provided for in, this title. When any such
notice of lien has been so filed, the commissioner may release
the same by filing a certificate of release when it shall appear
that the amount of delinquent contributions, interest, and penalties have been paid, or when such assurance of payment
shall be made as the commissioner may deem to be adequate.
Fees for filing and releasing the lien provided herein may be
charged to the employer and may be collected from the
50.24.050
(2008 Ed.)
50.24.080
employer utilizing the remedies provided in this title for the
collection of contributions. [1981 c 302 § 39; 1979 ex.s. c
190 § 2; 1973 1st ex.s. c 158 § 9; 1947 c 215 § 19; 1945 c 35
§ 93; Rem. Supp. 1947 § 9998-231. Prior: 1943 c 127 § 10;
1941 c 253 § 11; 1939 c 214 § 12; 1937 c 162 § 14.]
Severability—1981 c 302: See note following RCW 19.76.100.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Penalties for late reports or contributions: RCW 50.12.220.
50.24.060 Lien in event of insolvency or dissolution.
In the event of any distribution of an employer’s assets pursuant to an order of any court, including any receivership, probate, legal dissolution, or similar proceeding, or in case of
any assignment for the benefit of creditors, composition, or
similar proceeding, contributions, interest, or penalties then
or thereafter due shall be a lien upon all the assets of such
employer. Said lien will be prior to all other liens or claims
except prior tax liens, other liens provided by this title, and
claims for remuneration for services of not more than two
hundred and fifty dollars to each claimant earned within six
months of the commencement of the proceeding. The mere
existence of a condition of insolvency or the institution of any
judicial proceeding for legal dissolution or of any proceeding
for distribution of assets shall cause such a lien to attach without action on behalf of the commissioner or the state. In the
event of an employer’s adjudication in bankruptcy, judicially
confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, contributions, interest, or penalties then or thereafter due shall be entitled to such
priority as provided in that act, as amended. [1983 1st ex.s. c
23 § 15; 1945 c 35 § 94; Rem. Supp. 1945 § 9998-232. Prior:
1943 c 127 § 10; 1941 c 253 § 11; 1939 c 214 § 12; 1937 c
162 § 14.]
50.24.060
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.24.070 Order and notice of assessment. At any
time after the commissioner shall find that any contributions,
interest, or penalties have become delinquent, the commissioner may issue an order and notice of assessment specifying the amount due, which order and notice of assessment
shall be served upon the delinquent employer in the manner
prescribed for the service of a summons in a civil action, or
by certified mail to the last known address of the employer as
shown by the records of the department. Failure of the
employer to receive such notice or order whether served or
mailed shall not release the employer from any tax, or any
interest or penalties thereon. [1987 c 111 § 4; 1979 ex.s. c
190 § 3; 1945 c 35 § 95; Rem. Supp. 1945 § 9998-233. Prior:
1943 c 127 § 10; 1941 c 253 § 11.]
50.24.070
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Commencement of actions: Chapter 4.28 RCW.
50.24.080 Jeopardy assessment. If the commissioner
shall have reason to believe that an employer is insolvent or
if any reason exists why the collection of any contributions
accrued will be jeopardized by delaying collection, he may
make an immediate assessment thereof and may proceed to
enforce collection immediately, but interest and penalties
50.24.080
[Title 50 RCW—page 59]
50.24.090
Title 50 RCW: Unemployment Compensation
shall not begin to accrue upon any contributions until the date
when such contributions would normally have become delinquent. [1979 ex.s. c 190 § 4; 1945 c 35 § 96; Rem. Supp.
1945 § 9998-234. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
50.24.090 Distraint, seizure, and sale. If the amount of
contributions, interest, or penalties assessed by the commissioner by order and notice of assessment provided in this title
is not paid within ten days after the service or mailing of the
order and notice of assessment, the commissioner or his duly
authorized representative may collect the amount stated in
said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of said delinquent employer.
There shall be exempt from distraint and sale under this section such goods and property as are exempt from execution
under the laws of this state. [1979 ex.s. c 190 § 5; 1945 c 35
§ 97; Rem. Supp. 1945 § 9998-235. Prior: 1943 c 127 § 10;
1941 c 253 § 11.]
50.24.090
Executions: Chapter 6.17 RCW.
Personal exemptions, generally: Chapter 6.15 RCW.
50.24.100 Distraint procedure. The commissioner,
upon making a distraint, shall seize the property and shall
make an inventory of the property distrained, a copy of which
shall be mailed to the owner of such property or personally
delivered to him, and shall specify the time and place when
said property shall be sold. A notice specifying the property
to be sold and the time and place of sale shall be posted in at
least two public places in the county wherein the seizure has
been made. The time of sale shall be not less than ten nor
more than twenty days from the date of posting of such
notices. Said sale may be adjourned from time to time at the
discretion of the commissioner, but not for a time to exceed
in all sixty days. Said sale shall be conducted by the commissioner or his authorized representative who shall proceed to
sell such property by parcel or by lot at a public auction, and
who may set a minimum price to include the expenses of
making a levy and of advertising the sale, and if the amount
bid for such property at the sale is not equal to the minimum
price so fixed, the commissioner or his representative may
declare such property to be purchased by the employment
security department for such minimum price. In such event
the delinquent account shall be credited with the amount for
which the property has been sold. Property acquired by the
employment security department as herein prescribed may be
sold by the commissioner or his representative at public or
private sale, and the amount realized shall be placed in the
unemployment compensation trust fund.
In all cases of sale, as aforesaid, the commissioner shall
issue a bill of sale or a deed to the purchaser and said bill of
sale or deed shall be prima facie evidence of the right of the
commissioner to make such sale and conclusive evidence of
the regularity of his proceeding in making the sale, and shall
transfer to the purchaser all right, title, and interest of the
delinquent employer in said property. The proceeds of any
such sale, except in those cases wherein the property has been
acquired by the employment security department, shall be
first applied by the commissioner in satisfaction of the delinquent account, and out of any sum received in excess of the
amount of delinquent contributions, interest, and penalties
50.24.100
[Title 50 RCW—page 60]
the administration fund shall be reimbursed for the costs of
distraint and sale. Any excess which shall thereafter remain
in the hands of the commissioner shall be refunded to the
delinquent employer. Sums so refundable to a delinquent
employer may be subject to seizure or distraint in the hands
of the commissioner by any other taxing authority of the state
or its political subdivisions. [1979 ex.s. c 190 § 6; 1949 c 214
§ 20; 1945 c 35 § 98; Rem. Supp. 1949 § 9998-236. Prior:
1943 c 127 § 10; 1941 c 253 § 11.]
50.24.110
50.24.110 Notice and order to withhold and deliver.
The commissioner is hereby authorized to issue to any person, firm, corporation, political subdivision, or department of
the state, a notice and order to withhold and deliver property
of any kind whatsoever when the commissioner has reason to
believe that there is in the possession of such person, firm,
corporation, political subdivision, or department, property
which is due, owing, or belonging to any person, firm, or corporation upon whom the department has served a benefit
overpayment assessment or a notice and order of assessment
for unemployment compensation contributions, interest, or
penalties. The effect of a notice to withhold and deliver shall
be continuous from the date such notice and order to withhold
and deliver is first made until the liability is satisfied or
becomes unenforceable because of a lapse of time.
The notice and order to withhold and deliver shall be
served by the sheriff or the sheriff’s deputy of the county
wherein the service is made, by certified mail, return receipt
requested, or by any duly authorized representative of the
commissioner. Any person, firm, corporation, political subdivision, or department upon whom service has been made is
hereby required to answer the notice within twenty days
exclusive of the day of service, under oath and in writing, and
shall make true answers to the matters inquired of in the
notice.
In the event there is in the possession of any such person,
firm, corporation, political subdivision, or department, any
property which may be subject to the claim of the employment security department of the state, such property shall be
delivered forthwith to the commissioner or the commissioner’s duly authorized representative upon demand to be
held in trust by the commissioner for application on the
indebtedness involved or for return, without interest, in
accordance with final determination of liability or nonliability, or in the alternative, there shall be furnished a good and
sufficient bond satisfactory to the commissioner conditioned
upon final determination of liability.
Should any person, firm, or corporation fail to make
answer to an order to withhold and deliver within the time
prescribed herein, it shall be lawful for the court, after the
time to answer such order has expired, to render judgment by
default against such person, firm, or corporation for the full
amount claimed by the commissioner in the notice to withhold and deliver, together with costs. [1990 c 245 § 6; 1987
c 111 § 5; 1979 ex.s. c 190 § 7; 1947 c 215 § 20; 1945 c 35 §
99; Rem. Supp. 1947 § 9998-237.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
(2008 Ed.)
Contributions by Employers
50.24.115 Warrant—Authorized—Filing—Lien—
Enforcement. Whenever any order and notice of assessment
or jeopardy assessment shall have become final in accordance with the provisions of this title the commissioner may
file with the clerk of any county within the state a warrant in
the amount of the notice of assessment plus interest, penalties, and a filing fee under RCW 36.18.012(10). The clerk of
the county wherein the warrant is filed shall immediately designate a superior court cause number for such warrant, and
the clerk shall cause to be entered in the judgment docket
under the superior court cause number assigned to the warrant, the name of the employer mentioned in the warrant, the
amount of the tax, interest, penalties, and filing fee and the
date when such warrant was filed. The aggregate amount of
such warrant as docketed shall become a lien upon the title to,
and interest in all real and personal property of the employer
against whom the warrant is issued, the same as a judgment
in a civil case duly docketed in the office of such clerk. Such
warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor
of the state in the manner provided by law in the case of civil
judgment, wholly or partially unsatisfied. The clerk of the
cou r t sh all b e en titl ed to a fi ling fee un d er R CW
36.18.012(10), which shall be added to the amount of the
warrant, and charged by the commissioner to the employer or
employing unit. A copy of the warrant shall be mailed to the
employer or employing unit by certified mail to his last
known address within five days of filing with the clerk.
[2001 c 146 § 8; 1983 1st ex.s. c 23 § 16; 1979 ex.s. c 190 §
8; 1975 1st ex.s. c 228 § 15.]
50.24.115
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.24.130
send notice of the service of such process or notice, together
with a copy thereof, by registered mail, return receipt
requested, to such employing unit at its last known address
and such return receipt, the commissioner’s affidavit of compliance with the provisions of this section, and a copy of the
notice of service shall be appended to the original of the process filed in the court in which such action is pending.
(3) The courts of this state shall in the manner provided
in subsections (1) and (2) of this section entertain actions to
collect contributions, interest, or penalties for which liability
has accrued under the employment security law of any other
state or of the federal government. [1979 ex.s. c 190 § 9;
1959 c 266 § 5; 1953 ex.s. c 8 § 17; 1945 c 35 § 100; Rem.
Supp. 1945 § 9998-238. Prior: 1943 c 127 § 10.]
Civil procedure: Title 4 RCW.
Industrial insurance: Title 51 RCW.
50.24.125
50.24.125 Collection by civil action—Collection of
delinquent payments in lieu of contributions from political subdivisions or instrumentalities thereof. Delinquent
payments in lieu of contributions due the unemployment
compensation fund and interest and penalties may be recovered from any of the political subdivisions of this state or any
instrumentality of a political subdivision of this state by civil
action. The governor is authorized to deduct the amount of
delinquent payments in lieu of contributions and interest and
penalties from any moneys payable by the state to said political subdivisions or instrumentalities and pay such moneys to
the commissioner for deposit in the appropriate account.
[1979 ex.s. c 190 § 10; 1971 c 3 § 15.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.24.130
50.24.120 Collection by civil action. (1) If after due
notice, any employer defaults in any payment of contributions, interest, or penalties, the amount due may be collected
by civil action in the name of the state, and the employer
adjudged in default shall pay the cost of such action. Any lien
created by this title may be foreclosed by decree of the court
in any such action. Civil actions brought under this title to
collect contributions, interest, or penalties from an employer
shall be heard by the court at the earliest possible date and
shall be entitled to preference upon the calendar of the court
over all other civil actions except petitions for judicial review
under this title and cases arising under the industrial insurance laws of this state.
(2) Any employing unit which is not a resident of this
state and which exercises the privilege of having one or more
individuals perform service for it within this state, and any
resident employing unit which exercises that privilege and
thereafter removes from this state, shall be deemed thereby to
appoint the secretary of state as its agent and attorney for the
acceptance of process in any action under this title. In instituting such an action against any such employing unit the
commissioner shall cause such process or notice to be filed
with the secretary of state and such service shall be sufficient
service upon such employing unit, and shall be of the same
force and validity as if served upon it personally within this
state: PROVIDED, That the commissioner shall forthwith
50.24.120
(2008 Ed.)
50.24.130 Contractor’s and principal’s liability for
contributions—Exceptions. No employing unit which contracts with or has under it any contractor or subcontractor
who is an employer under the provisions of this title shall
make any payment or advance to, or secure any credit for,
such contractor or subcontractor or on account of any contract or contracts to which said employing unit is a party
unless such contractor or subcontractor has paid contributions, due or to become due for wages paid or to be paid by
such contractor or subcontractor for personal services performed pursuant to such contract or subcontract, or has furnished a good and sufficient bond acceptable to the commissioner for payment of contributions, interest, and penalties.
Failure to comply with the provisions of this section shall
render said employing unit directly liable for such contributions, interest, and penalties and the commissioner shall have
all of the remedies of collection against said employing unit
under the provisions of this title as though the services in
question were performed directly for said employing unit.
For the purposes of this section, a contractor registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW shall not be responsible for any contributions for the
work of any subcontractor if:
(1) The subcontractor is currently engaging in a business
which is registered under chapter 18.27 RCW or licensed
under chapter 19.28 RCW;
[Title 50 RCW—page 61]
50.24.140
Title 50 RCW: Unemployment Compensation
(2) There is no other person, firm or corporation doing
the same work at the same time on the same project except
two or more persons, firms or corporations may contract and
do the same work at the same time on the same project if each
person, firm or corporation has employees;
(3) The subcontractor has a principal place of business
which would be eligible for a business deduction for internal
revenue service tax purposes other than that furnished by the
contractor for which the business has contracted to furnish
services;
(4) The subcontractor maintains a separate set of books
or records that reflect all items of income and expenses of the
business; and
(5) The subcontractor has contracted to perform:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW. [1982 1st ex.s. c 18 § 15; 1979 ex.s. c
190 § 11; 1973 1st ex.s. c 158 § 10; 1949 c 214 § 21; 1945 c
35 § 101; Rem. Supp. 1949 § 9998-239.]
such adjustment or refund should be allowed, he shall deny
such application and notify the employer in writing. [1979
ex.s. c 190 § 13; 1953 ex.s. c 8 § 19; 1945 c 35 § 103; Rem.
Supp. 1945 § 9998-241. Prior: 1943 c 127 § 10; 1941 c 253
§ 11.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.24.160 Election of coverage. Except as provided in
RCW 50.04.165, any employing unit for which services that
do not constitute employment as defined in this title are performed may file with the commissioner a written election that
all such services performed by any distinct class or group of
individuals or by all individuals in its employment in one or
more distinct establishments or places of business shall be
deemed to constitute employment for all the purposes of this
title for at least two calendar years. Upon the written
approval of such election by the commissioner, such services
shall be deemed to constitute employment subject to this title
on and after the date stated in the approval. Services covered
under this section shall cease to be deemed employment as of
January 1st of any calendar year subsequent to the two-calendar year period, only if the employing unit files with the commissioner before January 15th of that year a written application for termination of coverage. [2007 c 146 § 6; 1977 ex.s.
c 292 § 12; 1972 ex.s. c 35 § 1; 1971 c 3 § 14; 1959 c 266 §
6; 1951 c 265 § 8; 1951 c 215 § 9; 1945 c 35 § 104; Rem.
Supp. 1945 § 9998-242.]
Music or entertainment services purchasers, liability for unpaid contributions: RCW 50.04.148.
Effective date—2007 c 146 §§ 5, 6, and 10-12: See note following
RCW 50.04.310.
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.24.140 Collection remedies cumulative. Remedies
given to the state under this title for the collection of contributions, interest, or penalties shall be cumulative and no
action taken by the commissioner or his duly authorized representative, the attorney general, or any other officer shall be
construed to be an election on the part of the state or any of its
officers to pursue any remedy to the exclusion of any other.
[1979 ex.s. c 190 § 12; 1945 c 35 § 102; Rem. Supp. 1945 §
9998-240. Prior: 1943 c 127 § 10.]
50.24.140
50.24.150 Contribution adjustments and refunds.
No later than three years after the date on which any contributions, interest, or penalties have been paid, an employer
who has paid such contributions, interest, or penalties may
file with the commissioner a petition in writing for an adjustment thereof in connection with subsequent contribution payments or for a refund thereof when such adjustment cannot be
made. If the commissioner upon an ex parte consideration
shall determine that such contributions, interest, penalties, or
portion thereof were erroneously collected, he shall allow
such employer to make an adjustment thereof without interest
in connection with subsequent contribution payments by him,
or if such adjustment cannot be made, the commissioner shall
refund said amount without interest from the unemployment
compensation fund: PROVIDED, HOWEVER, That after
June 20, 1953, that refunds of interest on delinquent contributions or penalties shall be paid from the administrative contingency fund upon warrants issued by the treasurer under the
direction of the commissioner. For like cause and within the
same period, adjustment or refund may be made on the commissioner’s own initiative. If the commissioner finds that
upon ex parte consideration he cannot readily determine that
50.24.150
[Title 50 RCW—page 62]
50.24.160
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Severability—1951 c 265: See note following RCW 50.98.070.
Corporate officers, election of coverage: RCW 50.04.165.
50.24.170 Joint accounts. (1) The commissioner shall
prescribe regulations for the establishment, maintenance, and
dissolution of joint accounts by two or more employers, and
shall, in accordance with such regulations and upon application by two or more employers to establish such account, or
to merge their several individual accounts in a joint account,
maintain such joint account as if it constituted a single
employer’s account.
(2) Joint accounts may not be established for professional employer organizations, as defined in RCW 50.04.298,
or third-party payers, as defined in RCW 50.04.248, and their
clients. [2007 c 146 § 17; 1945 c 35 § 105; Rem. Supp. 1945
§ 9998-243. Prior: 1941 c 253 § 5.]
50.24.170
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
50.24.180 Injunction proceedings. Any employer who
shall be delinquent in the payment of contributions, interest,
or penalties may be enjoined upon the suit of the state of
Washington from continuing in business in this state or
employing persons herein until the delinquent contributions,
interest, and penalties shall have been paid, or until the
employer shall have furnished a good and sufficient bond in
a sum equal to double the amount of contributions, interest,
50.24.180
(2008 Ed.)
Contributions by Employers
and penalties already delinquent, plus such further sum as the
court shall deem adequate to protect the department in the
collection of contributions, interest, and penalties which will
become due from such employer during the next ensuing calendar year, said bond to be conditioned upon payment of all
contributions, interest, and penalties due and owing within
thirty days after the expiration of the next ensuing calendar
year or at such earlier date as the court may fix.
Action pursuant to the provisions of this section may be
instituted in the superior court of any county of the state
wherein the employer resides, has its principal place of business, or where it has anyone performing services for it,
whether or not such services constitute employment. [1979
ex.s. c 190 § 14; 1945 c 35 § 106; Rem. Supp. 1945 § 998244. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
50.24.190 Limitation of actions. The commissioner
shall commence action for the collection of contributions,
interest, penalties, and benefit overpayments imposed by this
title by assessment or suit within three years after a return is
filed or notice of benefit overpayment is served. No proceedings for the collection of such amounts shall be begun after
the expiration of such period.
In case of a false or fraudulent return with intent to evade
contributions, interest, or penalties, or in the event of a failure
to file a return, the contributions, interest, and penalties may
be assessed or a proceeding in court for the collection thereof
may be begun at any time. [1979 ex.s. c 190 § 15; 1955 c 286
§ 7. Prior: 1947 c 215 § 21, part; 1945 c 35 § 107, part; 1943
c 127 § 10, part; Rem. Supp. 1947 § 9998-245, part.]
50.24.230
the full amount of contributions, and the payment thereof by
such successor shall, to the extent thereof, be deemed a payment upon the purchase price, and if such payment is greater
in amount than the purchase price the amount of the difference shall become a debt due such successor from the
employer.
No successor may be liable for any contributions due
from the person from whom that person has acquired a business or stock of goods if that person gives written notice to
the employment security department of such acquisition and
no assessment is issued by the department within one hundred eighty days of receipt of such notice against the former
operator of the business and a copy thereof mailed to such
successor. [1991 c 117 § 4.]
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
50.24.190
50.24.200 Chargeoff of uncollectible accounts. The
commissioner may charge off as uncollectible and no longer
an asset of the unemployment compensation fund or the
administrative contingency fund, as the case may be, any
delinquent contributions, interest, penalties, credits, or benefit overpayments if the commissioner is satisfied that there
are no cost-effective means of collecting the contributions,
interest, penalties, credits, or benefit overpayments. [1989 c
78 § 1; 1979 ex.s. c 190 § 16; 1955 c 286 § 8. Prior: 1947 c
215 § 21, part; 1945 c 35 § 107, part; Rem. Supp. 1947 §
9998-245, part.]
50.24.200
50.24.210 Contributions due and payable upon termination or disposal of business—Successor liability.
Whenever any employer quits business, or sells out,
exchanges, or otherwise disposes of the employer’s business
or stock of goods, any contributions payable under this title
shall become immediately due and payable, and the employer
shall, within ten days, make a return and pay the contributions due; and any person who becomes a successor to such
business shall become liable for the full amount of the contributions and withhold from the purchase price a sum sufficient to pay any contributions due from the employer until
such time as the employer produces a receipt from the
employment security department showing payment in full of
any contributions due or a certificate that no contribution is
due and, if such contribution is not paid by the employer
within ten days from the date of such sale, exchange, or disposal, the successor shall become liable for the payment of
50.24.220 Client employer liability—Collection. (1)
The client employer of a professional employer organization
is liable for the payment of any taxes, interest, or penalties
due.
(2) The professional employer organization may collect
and pay taxes due to the department for unemployment insurance coverage from its client employers in accordance with
its professional employer agreement. If such payments have
been made to the professional employer organization by the
client employer, the department shall first attempt to collect
the contributions due from the professional employer organization.
(3) To collect any contributions, penalties, or interest due
to the department from the professional employer organization, the department must follow the procedures contained in
chapter 50.24 RCW. If the amount of contributions, interest,
or penalties assessed by the commissioner pursuant to chapter 50.24 RCW is not paid by the professional employer organization within ten days, then the commissioner may follow
the collection procedures in chapter 50.24 RCW. After the
ten-day period, if the professional employer organization has
not paid the total amount owing, the commissioner may also
pursue the client employer to collect what is owed using the
procedures contained in chapter 50.24 RCW. [2007 c 146 §
11.]
50.24.220
Report on implementation and impact—2007 c 146 §§ 8-12: See
note following RCW 50.04.298.
50.24.210
(2008 Ed.)
Effective date—2007 c 146 §§ 5, 6, and 10-12: See note following
RCW 50.04.310.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
50.24.230 Corporate or limited liability company
officers, members, and owners—Personal liability. (1)
Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, or owner who, having control or supervision of payment
of unemployment tax contributions under RCW 50.24.010 or
50.24.014: (a) Willfully evades any contributions imposed
under this title; (b) willfully destroys, mutilates, or falsifies
any book, document, or record; or (c) willfully fails to truthfully account for, or makes under oath, any false statement
relating to the financial condition of the corporation or limited liability company business, is personally liable for any
50.24.230
[Title 50 RCW—page 63]
Chapter 50.29
Title 50 RCW: Unemployment Compensation
unpaid contributions and interest and penalties on those contributions. For purposes of this section, "willfully" means an
intentional, conscious, and voluntary course of action.
(2) Persons liable under subsection (1) of this section are
liable only for contributions that became due during the
period he or she had the control, supervision, responsibility,
or duty to act for the corporation or limited liability company,
plus interest and penalties on those contributions.
(3) Persons liable under subsection (1) of this section are
exempt from liability if all of the assets of the corporation or
limited liability company have been applied to its debts
through bankruptcy or receivership.
(4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures
under chapter 50.32 RCW.
(5) This section applies only when the employment security department determines that there is no reasonable means
of collecting the contributions owed directly from the corporation or limited liability company.
(6) This section does not relieve the corporation or limited liability company of other tax liabilities under this title or
impair other tax collection remedies afforded by law.
(7) Collection authority and procedures described in this
chapter apply to collections under this section. [2007 c 146 §
18.]
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Chapter 50.29
Chapter 50.29 RCW
EMPLOYER EXPERIENCE RATING
Sections
50.29.010
50.29.020
50.29.021
50.29.025
50.29.026
50.29.027
50.29.030
50.29.041
50.29.062
50.29.063
50.29.064
50.29.065
50.29.070
50.29.080
50.29.090
Definitions.
Experience rating accounts—Benefits not charged—Claims
with an effective date before January 4, 2004.
Experience rating accounts—Benefits not charged—Claims
with an effective date on or after January 4, 2004.
Contribution rate.
Modification of contribution rate.
Benefit ratio computed for 1985 and thereafter.
"Wages" defined for purpose of prorating benefit charges.
Contribution rate—Solvency surcharge.
Contribution rates for predecessor and successor employers.
Predecessor or successor employers—Transfer to obtain
reduced array calculation factor rate—Evasion of successor
provisions—Penalties.
Rules to implement 2006 c 47.
Notice of benefits paid and charged to employer’s account.
Notice of employer benefit charges and rate of contribution—
Review and appeal.
Redetermination and correction of employer’s contribution
rate.
Contribution rates for client employers.
(6) "Qualified employer" means any employer who (a)
reported some employment in the twelve-month period
beginning with the qualification date, (b) had no period of
four or more consecutive calendar quarters for which he or
she reported no employment in the two calendar years immediately preceding the computation date, and (c) has submitted
by the cut-off date all reports, contributions, interest, and
penalties required under this title for the period preceding the
computation date. Unpaid contributions, interest, and penalties may be disregarded for the purposes of this section if they
constitute less than either one hundred dollars or one-half of
one percent of the employer’s total tax reported for the
twelve-month period immediately preceding the computation
date. Late reports, contributions, penalties, or interest from
employment defined under RCW 50.04.160 may be disregarded for the purposes of this section if showing is made to
the satisfaction of the commissioner that an otherwise qualified employer acted in good faith and that forfeiture of qualification for a reduced contribution rate because of such delinquency would be inequitable. [2002 c 149 § 11; 1987 c 213
§ 2; 1986 c 111 § 1; 1984 c 205 § 3; 1983 1st ex.s. c 23 § 17;
1973 1st ex.s. c 158 § 11; 1971 c 3 § 16; 1970 ex.s. c 2 § 10.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Construction—1987 c 213: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the
sections amended or repealed in this act, or under any rule, regulation, or
order adopted under those sections, nor as affecting any proceeding instituted thereunder." [1987 c 213 § 4.]
Conflict with federal requirements—1986 c 111: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1986 c 111 § 2.]
Severability—1986 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 111 § 4.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Wages defined for contribution purposes: RCW 50.04.320.
50.29.010 Definitions. As used in this chapter:
(1) "Computation date" means July 1st of any year;
(2) "Cut-off date" means September 30th next following
the computation date;
(3) "Qualification date" means April 1st of the second
year preceding the computation date;
(4) "Rate year" means the calendar year immediately following the computation date;
(5) "Payroll" means all wages (as defined for contribution purposes) paid by an employer to individuals in his or
her employment;
50.29.010
[Title 50 RCW—page 64]
50.29.020 Experience rating accounts—Benefits not
charged—Claims with an effective date before January 4,
2004. (1) This section applies to benefits charged to the
experience rating accounts of employers for claims that have
an effective date before January 4, 2004.
(2) An experience rating account shall be established and
maintained for each employer, except employers as described
in RCW 50.44.010 and 50.44.030 who have properly elected
to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and
50.29.020
(2008 Ed.)
Employer Experience Rating
those employers who are required to make payments in lieu
of contributions, based on existing records of the employment security department. Benefits paid to any eligible individuals shall be charged to the experience rating accounts of
each of such individual’s employers during the individual’s
base year in the same ratio that the wages paid by each
employer to the individual during the base year bear to the
wages paid by all employers to that individual during that
base year, except as otherwise provided in this section.
(3) The legislature finds that certain benefit payments, in
whole or in part, should not be charged to the experience rating accounts of employers except those employers described
in RCW 50.44.010 and 50.44.030 who have properly elected
to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those
employers who are required to make payments in lieu of contributions, as follows:
(a) Benefits paid to any individuals later determined to
be ineligible shall not be charged to the experience rating
account of any contribution paying employer.
(b) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer
only if:
(i) The individual files under RCW 50.06.020(1) after
receiving crime victims’ compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state’s share of
benefits payable as extended benefits defined under RCW
50.22.010(6) shall not be charged to the experience rating
account of any contribution paying employer.
(d) In the case of individuals who requalify for benefits
under RCW 50.20.050 or 50.20.060, benefits based on wage
credits earned prior to the disqualifying separation shall not
be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(e) Individuals who qualify for benefits under RCW
50.20.050(1)(b)(iv) shall not have their benefits charged to
the experience rating account of any contribution paying
employer.
(f) In the case of individuals identified under *RCW
50.20.015, benefits paid with respect to a calendar quarter,
which exceed the total amount of wages earned in the state of
Washington in the higher of two corresponding calendar
quarters included within the individual’s determination
period, as defined in *RCW 50.20.015, shall not be charged
to the experience rating account of any contribution paying
employer.
(4)(a) A contribution-paying base year employer, not
otherwise eligible for relief of charges for benefits under this
section, may receive such relief if the benefit charges result
from payment to an individual who:
(i) Last left the employ of such employer voluntarily for
reasons not attributable to the employer;
(ii) Was discharged for misconduct connected with his or
her work not a result of inability to meet the minimum job
requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer’s plant, building, worksite, or other facility. This closure must be for reasons
(2008 Ed.)
50.29.020
directly attributable to a catastrophic occurrence such as fire,
flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled
permanent part-time basis by a base year employer and who
at some time during the base year was concurrently employed
and subsequently separated from at least one other base year
employer. Benefit charge relief ceases when the employment
relationship between the employer requesting relief and the
claimant is terminated. This subsection does not apply to
shared work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this
subsection must request relief in writing within thirty days
following mailing to the last known address of the notification of the valid initial determination of such claim, stating
the date and reason for the separation or the circumstances of
continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be
granted. [2004 c 110 § 3; 2003 2nd sp.s. c 4 § 20. Prior:
2002 c 149 § 6; 2002 c 8 § 4; 2000 c 2 § 3; 1995 c 57 § 3;
1993 c 483 § 19; 1991 c 129 § 1; 1988 c 27 § 1; prior: 1987
c 213 § 3; 1987 c 2 § 2; prior: 1985 c 299 § 1; 1985 c 270 §
2; 1985 c 42 § 1; 1984 c 205 § 7; 1975 1st ex.s. c 228 § 6;
1970 ex.s. c 2 § 11.]
*Reviser’s note: RCW 50.20.015 was repealed by 2003 2nd sp.s. c 4 §
35.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Application—1995 c 57: "This act applies only to benefit charges
attributable to new claims effective after July 1, 1995." [1995 c 57 § 4.]
Effective date—1995 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 17, 1995]." [1995 c 57 § 5.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1988 c 27: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the
remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state." [1988 c 27 § 2.]
Construction—1987 c 213: See note following RCW 50.29.010.
Applicability—Effective date—Severability—1987 c 2: See notes
following RCW 50.20.090.
Conflict with federal requirements—1985 c 42: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 42 § 2.]
Severability—1985 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1985 c 42 § 3.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
[Title 50 RCW—page 65]
50.29.021
Title 50 RCW: Unemployment Compensation
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.29.021
50.29.021 Experience rating accounts—Benefits not
charged—Claims with an effective date on or after January 4, 2004. (1) This section applies to benefits charged to
the experience rating accounts of employers for claims that
have an effective date on or after January 4, 2004.
(2)(a) An experience rating account shall be established
and maintained for each employer, except employers as
described in RCW 50.44.010, 50.44.030, and 50.50.030 who
have properly elected to make payments in lieu of contributions, taxable local government employers as described in
RCW 50.44.035, and those employers who are required to
make payments in lieu of contributions, based on existing
records of the employment security department.
(b) Benefits paid to an eligible individual shall be
charged to the experience rating accounts of each of such
individual’s employers during the individual’s base year in
the same ratio that the wages paid by each employer to the
individual during the base year bear to the wages paid by all
employers to that individual during that base year, except as
otherwise provided in this section.
(c) When the eligible individual’s separating employer is
a covered contribution paying base year employer, benefits
paid to the eligible individual shall be charged to the experience rating account of only the individual’s separating
employer if the individual qualifies for benefits under:
(i) RCW 50.20.050(2)(b)(i), as applicable, and became
unemployed after having worked and earned wages in the
bona fide work; or
(ii) RCW 50.20.050(2)(b) (v) through (x).
(3) The legislature finds that certain benefit payments, in
whole or in part, should not be charged to the experience rating accounts of employers except those employers described
in RCW 50.44.010, 50.44.030, and 50.50.030 who have
properly elected to make payments in lieu of contributions,
taxable local government employers described in RCW
50.44.035, and those employers who are required to make
payments in lieu of contributions, as follows:
(a) Benefits paid to any individual later determined to be
ineligible shall not be charged to the experience rating
account of any contribution paying employer. However,
when a benefit claim becomes invalid due to an amendment
or adjustment of a report where the employer failed to report
or inaccurately reported hours worked or remuneration paid,
or both, all benefits paid will be charged to the experience rating account of the contribution paying employer or employers that originally filed the incomplete or inaccurate report or
reports. An employer who reimburses the trust fund for benefits paid to workers and who fails to report or inaccurately
reported hours worked or remuneration paid, or both, shall
reimburse the trust fund for all benefits paid that are based on
the originally filed incomplete or inaccurate report or reports.
(b) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer
only if:
[Title 50 RCW—page 66]
(i) The individual files under RCW 50.06.020(1) after
receiving crime victims’ compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state’s share of
benefits payable as extended benefits defined under RCW
50.22.010(6) shall not be charged to the experience rating
account of any contribution paying employer.
(d) In the case of individuals who requalify for benefits
under RCW 50.20.050 or 50.20.060, benefits based on wage
credits earned prior to the disqualifying separation shall not
be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(e) Benefits paid to an individual who qualifies for benefits under RCW 50.20.050(2)(b) (iv) or (xi), as applicable,
shall not be charged to the experience rating account of any
contribution paying employer.
(f) With respect to claims with an effective date on or
after the first Sunday following April 22, 2005, benefits paid
that exceed the benefits that would have been paid if the
weekly benefit amount for the claim had been determined as
one percent of the total wages paid in the individual’s base
year shall not be charged to the experience rating account of
any contribution paying employer.
(4)(a) A contribution paying base year employer, not
otherwise eligible for relief of charges for benefits under this
section, may receive such relief if the benefit charges result
from payment to an individual who:
(i) Last left the employ of such employer voluntarily for
reasons not attributable to the employer;
(ii) Was discharged for misconduct or gross misconduct
connected with his or her work not a result of inability to
meet the minimum job requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer’s plant, building, worksite, or other facility. This closure must be for reasons
directly attributable to a catastrophic occurrence such as fire,
flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled
permanent part-time basis by a base year employer and who
at some time during the base year was concurrently employed
and subsequently separated from at least one other base year
employer. Benefit charge relief ceases when the employment
relationship between the employer requesting relief and the
claimant is terminated. This subsection does not apply to
shared work employers under chapter 50.06 RCW.
(b) The employer requesting relief of charges under this
subsection must request relief in writing within thirty days
following mailing to the last known address of the notification of the valid initial determination of such claim, stating
the date and reason for the separation or the circumstances of
continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be
granted. [2008 c 323 § 2; 2007 c 146 § 2; 2006 c 13 § 6; 2005
c 133 § 4; 2003 2nd sp.s. c 4 § 21.]
Conflict with federal requirements—2008 c 323: See note following
RCW 50.20.050.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
(2008 Ed.)
Employer Experience Rating
Findings—Intent—Conflict with federal requirements—Effective
date—2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized—2005 c 133: See note following
RCW 50.01.010.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.29.025 Contribution rate. (1) Except as provided in
subsection (2) of this section, the contribution rate for each
employer subject to contributions under RCW 50.24.010
shall be determined under this subsection.
(a) A fund balance ratio shall be determined by dividing
the balance in the unemployment compensation fund as of
the September 30th immediately preceding the rate year by
the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate
year and reported to the department by the following March
31st. The division shall be carried to the fourth decimal place
with the remaining fraction, if any, disregarded. The fund
balance ratio shall be expressed as a percentage.
(b) The interval of the fund balance ratio, expressed as a
percentage, shall determine which tax schedule in (e) of this
subsection shall be in effect for assigning tax rates for the rate
year. The intervals for determining the effective tax schedule
shall be:
tion, within the tax schedule which is to be in effect during
the rate year:
Percent of
Cumulative
Taxable Payrolls
50.29.025
Interval of the
Fund Balance Ratio
Expressed as a Percentage
2.90 and above
2.10 to 2.89
1.70 to 2.09
1.40 to 1.69
1.00 to 1.39
0.70 to 0.99
Less than 0.70
Effective
Tax Schedule
AA
A
B
C
D
E
F
(c) An array shall be prepared, listing all qualified
employers in ascending order of their benefit ratios. The
array shall show for each qualified employer: (i) Identification number; (ii) benefit ratio; (iii) taxable payrolls for the
four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date;
(iv) a cumulative total of taxable payrolls consisting of the
employer’s taxable payroll plus the taxable payrolls of all
other employers preceding him or her in the array; and (v) the
percentage equivalent of the cumulative total of taxable payrolls.
(d) Each employer in the array shall be assigned to one of
twenty rate classes according to the percentage intervals of
cumulative taxable payrolls set forth in (e) of this subsection:
PROVIDED, That if an employer’s taxable payroll falls
within two or more rate classes, the employer and any other
employer with the same benefit ratio shall be assigned to the
lowest rate class which includes any portion of the
employer’s taxable payroll.
(e) Except as provided in RCW 50.29.026, the contribution rate for each employer in the array shall be the rate specified in the following tables for the rate class to which he or
she has been assigned, as determined under (d) of this subsec(2008 Ed.)
50.29.025
From
Schedules of Contributions Rates
for Effective Tax Schedule
Rate
To Class
0.00
5.00
5.01 10.00
10.01 15.00
15.01 20.00
20.01 25.00
25.01 30.00
30.01 35.00
35.01 40.00
40.01 45.00
45.01 50.00
50.01 55.00
55.01 60.00
60.01 65.00
65.01 70.00
70.01 75.00
75.01 80.00
80.01 85.00
85.01 90.00
90.01 95.00
95.01 100.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AA
A
B
C
D
E
F
0.47
0.47
0.57
0.57
0.72
0.91
1.00
1.19
1.37
1.56
1.84
2.03
2.22
2.40
2.68
2.87
3.27
3.67
4.07
5.40
0.47
0.47
0.57
0.73
0.92
1.11
1.29
1.48
1.67
1.86
2.14
2.33
2.52
2.71
2.90
3.09
3.47
3.87
4.27
5.40
0.57
0.77
0.97
1.11
1.30
1.49
1.69
1.88
2.07
2.26
2.45
2.64
2.83
3.02
3.21
3.42
3.77
4.17
4.57
5.40
0.97
1.17
1.37
1.51
1.70
1.89
2.08
2.27
2.47
2.66
2.85
3.04
3.23
3.43
3.62
3.81
4.17
4.57
4.97
5.40
1.47
1.67
1.77
1.90
2.09
2.29
2.48
2.67
2.87
3.06
3.25
3.44
3.64
3.83
4.02
4.22
4.57
4.87
5.07
5.40
1.87
2.07
2.27
2.40
2.59
2.69
2.88
3.07
3.27
3.46
3.66
3.85
4.04
4.24
4.43
4.53
4.87
4.97
5.17
5.40
2.47
2.67
2.87
2.98
3.08
3.18
3.27
3.47
3.66
3.86
3.95
4.15
4.34
4.54
4.63
4.73
4.97
5.17
5.37
5.40
(f) The contribution rate for each employer not qualified
to be in the array shall be as follows:
(i) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when
due shall be assigned a contribution rate two-tenths higher
than that in rate class 20 for the applicable rate year, except
employers who have an approved agency-deferred payment
contract by September 30 of the previous rate year. If any
employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer’s tax rate shall immediately revert to a contribution rate two-tenths higher than
that in rate class 20 for the applicable rate year; and
(ii) For all other employers not qualified to be in the
array, the contribution rate shall be a rate equal to the average
industry rate as determined by the commissioner; however,
the rate may not be less than one percent.
(2) Beginning with contributions assessed for rate year
2005, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array
calculation factor rate and the graduated social cost factor
rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined
as follows:
(i) An array shall be prepared, listing all qualified
employers in ascending order of their benefit ratios. The
array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for
the four consecutive calendar quarters immediately preced[Title 50 RCW—page 67]
50.29.025
Title 50 RCW: Unemployment Compensation
ing the computation date and reported to the employment
security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one
of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array
calculation factor rate for each employer in the array shall be
the rate specified in the rate class to which the employer has
been assigned:
Benefit Ratio
At least
Less than
0.000001
0.000001
0.001250
0.001250
0.002500
0.002500
0.003750
0.003750
0.005000
0.005000
0.006250
0.006250
0.007500
0.007500
0.008750
0.008750
0.010000
0.010000
0.011250
0.011250
0.012500
0.012500
0.013750
0.013750
0.015000
0.015000
0.016250
0.016250
0.017500
0.017500
0.018750
0.018750
0.020000
0.020000
0.021250
0.021250
0.022500
0.022500
0.023750
0.023750
0.025000
0.025000
0.026250
0.026250
0.027500
0.027500
0.028750
0.028750
0.030000
0.030000
0.031250
0.031250
0.032500
0.032500
0.033750
0.033750
0.035000
0.035000
0.036250
0.036250
0.037500
0.037500
0.040000
0.040000
0.042500
0.042500
0.045000
0.045000
0.047500
0.047500
0.050000
0.050000
0.052500
0.052500
0.055000
0.055000
0.057500
0.057500
[Title 50 RCW—page 68]
Rate
Class
Rate
(percent)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
0.00
0.13
0.25
0.38
0.50
0.63
0.75
0.88
1.00
1.15
1.30
1.45
1.60
1.75
1.90
2.05
2.20
2.35
2.50
2.65
2.80
2.95
3.10
3.25
3.40
3.55
3.70
3.85
4.00
4.15
4.30
4.45
4.60
4.75
4.90
5.05
5.20
5.30
5.35
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost
factor for a rate year by dividing the total social cost by the
total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded
unless it amounts to five hundredths or more, in which case
the second decimal place shall be rounded to the next higher
digit. The flat social cost factor shall be expressed as a percentage.
(B) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner
to be an amount that will provide more than ten months of
unemployment benefits, the commissioner shall calculate the
flat social cost factor for the rate year immediately following
the cut-off date by reducing the total social cost by the dollar
amount that represents the number of months for which the
balance in the unemployment compensation fund on the cutoff date will provide benefits above ten months and dividing
the result by the total taxable payroll. However, the calculation under this subsection (2)(b)(i)(B) for a rate year may not
result in a flat social cost factor that is more than four-tenths
lower than the calculation under (b)(i)(A) of this subsection
for that rate year.
For the purposes of this subsection, the commissioner
shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar
years immediately preceding the cut-off date or a period of
consecutive calendar years immediately preceding the cut-off
date that includes three recessions, if longer.
(C) The minimum flat social cost factor calculated under
this subsection (2)(b) shall be six-tenths of one percent,
except that if the balance in the unemployment compensation
fund is determined by the commissioner to be an amount that
will provide:
(I) At least twelve months but less than fourteen months
of unemployment benefits, the minimum shall be five-tenths
of one percent; or
(II) At least fourteen months of unemployment benefits,
the minimum shall be five-tenths of one percent, except that,
for employers in rate class 1, the minimum shall be forty-five
hundredths of one percent.
(ii)(A) Except as provided in (b)(ii)(B) of this subsection, the graduated social cost factor rate for each employer in
the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the
employer has been assigned in (a)(ii) of this subsection,
except that the sum of an employer’s array calculation factor
rate and the graduated social cost factor rate may not exceed
six and five-tenths percent or, for employers whose North
American industry classification system code is within
"111," "112," "1141," "115," "3114," "3117," "42448," or
"49312," may not exceed six percent through rate year 2007
and may not exceed five and seven-tenths percent for rate
year 2008 and thereafter:
(I) Rate class 1 - 78 percent;
(II) Rate class 2 - 82 percent;
(III) Rate class 3 - 86 percent;
(2008 Ed.)
Employer Experience Rating
(IV) Rate class 4 - 90 percent;
(V) Rate class 5 - 94 percent;
(VI) Rate class 6 - 98 percent;
(VII) Rate class 7 - 102 percent;
(VIII) Rate class 8 - 106 percent;
(IX) Rate class 9 - 110 percent;
(X) Rate class 10 - 114 percent;
(XI) Rate class 11 - 118 percent; and
(XII) Rate classes 12 through 40 - 120 percent.
(B) For contributions assessed beginning July 1, 2005,
through December 31, 2007, for employers whose North
American industry classification system code is "111,"
"112," "1141," "115," "3114," "3117," "42448," or "49312,"
the graduated social cost factor rate is zero.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by
subtracting the array calculation factor contributions paid by
all employers with respect to the four consecutive calendar
quarters immediately preceding the computation date and
paid to the employment security department by the cut-off
date from the total unemployment benefits paid to claimants
in the same four consecutive calendar quarters. To calculate
the flat social cost factor for rate year 2005, the commissioner
shall calculate the total social cost using the array calculation
factor contributions that would have been required to be paid
by all employers in the calculation period if (a) of this subsection had been in effect for the relevant period.
(B) "Total taxable payroll" means the total amount of
wages subject to tax, as determined under RCW 50.24.010,
for all employers in the four consecutive calendar quarters
immediately preceding the computation date and reported to
the employment security department by the cut-off date.
(c) For employers who do not meet the definition of
"qualified employer" by reason of failure to pay contributions
when due:
(i) The array calculation factor rate shall be two-tenths
higher than that in rate class 40, except employers who have
an approved agency-deferred payment contract by September
30th of the previous rate year. If any employer with an
approved agency-deferred payment contract fails to make
any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer’s tax rate shall immediately revert to an
array calculation factor rate two-tenths higher than that in rate
class 40; and
(ii) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(d) For all other employers not qualified to be in the
array:
(i) For rate years 2005, 2006, and 2007:
(A) The array calculation factor rate shall be a rate equal
to the average industry array calculation factor rate as determined by the commissioner, plus fifteen percent of that
amount; however, the rate may not be less than one percent or
more than the array calculation factor rate in rate class 40;
and
(B) The social cost factor rate shall be a rate equal to the
average industry social cost factor rate as determined by the
commissioner, plus fifteen percent of that amount, but not
(2008 Ed.)
50.29.025
more than the social cost factor rate assigned to rate class 40
under (b)(ii) of this subsection.
(ii) Beginning with contributions assessed for rate year
2008:
(A) The array calculation factor rate shall be a rate equal
to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor,
but not less than one percent or more than the array calculation factor rate in rate class 40;
(B) The social cost factor rate shall be a rate equal to the
average industry social cost factor rate as determined by the
commissioner, multiplied by the history factor, but not more
than the social cost factor rate assigned to rate class 40 under
(b)(ii) of this subsection; and
(C) The history factor shall be based on the total amounts
of benefits charged and contributions paid in the three fiscal
years ending prior to the computation date by employers not
qualified to be in the array, other than employers in (c) of this
subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date.
The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount
of contributions paid in this three-year period by these
employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it
amounts to five one-hundredths or more, in which case the
second decimal place shall be rounded to the next higher
digit. The commissioner shall determine the history factor
according to the history ratio as follows:
History
History
Ratio
Factor
(percent)
At least
Less than
(I)
.95
90
(II)
.95
1.05
100
(III)
1.05
115
(3) Assignment of employers by the commissioner to
industrial classification, for purposes of this section, shall be
in accordance with established classification practices found
in the "Standard Industrial Classification Manual" issued by
the federal office of management and budget to the third digit
provided in the standard industrial classification code, or in
the North American industry classification system code.
[2007 c 51 § 1; 2006 c 13 § 4; 2005 c 133 § 5; 2003 2nd sp.s.
c 4 § 14; 2003 c 4 § 1; 2000 c 2 § 4; 1995 c 4 § 2; (1995 c 4 §
1 expired January 1, 1998). Prior: 1993 c 483 § 21; 1993 c
226 § 14; 1993 c 226 § 13; 1990 c 245 § 7; 1989 c 380 § 79;
1987 c 171 § 3; 1985 ex.s. c 5 § 7; 1984 c 205 § 5.]
Conflict with federal requirements—2007 c 51: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2007 c 51
§ 2.]
Severability—2007 c 51: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
[Title 50 RCW—page 69]
50.29.026
Title 50 RCW: Unemployment Compensation
application of the provision to other persons or circumstances is not
affected." [2007 c 51 § 3.]
Application—2007 c 51: "This act applies for rate years beginning on
or after January 1, 2008." [2007 c 51 § 4.]
Application—2006 c 13 §§ 4 and 5: "Sections 4 and 5 of this act apply
to rate years beginning on or after January 1, 2007." [2006 c 13 § 26.]
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Findings—Intent—Conflict with federal requirements—Effective
date—2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized—2005 c 133: See note following
RCW 50.01.010.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2003 c 4 § 1: "Section 1 of this act applies to rate years
beginning on or after January 1, 2003." [2003 c 4 § 2.]
Effective date—2003 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2003]." [2003 c 4 § 3.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates—1995 c 4: "(1) Section 1 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [March 16, 1995].
(2) Section 2 of this act shall take effect January 1, 1998." [1995 c 4 §
4.]
Expiration date—1995 c 4 § 1: "Section 1 of this act shall expire January 1, 1998." [1995 c 4 § 5.]
Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.
Elevation of employer contribution rates—Report by commissioner—1993 c 226: "Prior to any increase in the employer tax schedule as
provided in section 13, chapter 226, Laws of 1993, the commissioner shall
provide a report to the appropriate committees of the legislature specifying
to what extent the workforce training expenditures in chapter 226, Laws of
1993 elevated employer contribution rates for the effective tax schedule."
[1993 c 226 § 16.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.026 Modification of contribution rate. (1)
Beginning with contributions assessed for rate year 1996, a
qualified employer’s contribution rate applicable for rate
years beginning before January 1, 2005, or array calculation
factor rate applicable for rate years beginning on or after January 1, 2005, determined under RCW 50.29.025 may be
modified as follows:
50.29.026
[Title 50 RCW—page 70]
(a) Subject to the limitations of this subsection, an
employer may make a voluntary contribution of an amount
equal to part or all of the benefits charged to the employer’s
account during the two years most recently ended on June
30th that were used for the purpose of computing the
employer’s contribution rate applicable for rate years beginning before January 1, 2005, or array calculation factor rate
applicable for rate years beginning on or after January 1,
2005. On receiving timely payment of a voluntary contribution, plus a surcharge of ten percent of the amount of the voluntary contribution, the commissioner shall cancel the benefits equal to the amount of the voluntary contribution, excluding the surcharge, and compute a new benefit ratio for the
employer. The employer shall then be assigned the contribution rate applicable for rate years beginning before January 1,
2005, or array calculation factor rate applicable for rate years
beginning on or after January 1, 2005, applicable to the rate
class within which the recomputed benefit ratio is included.
The minimum amount of a voluntary contribution, excluding
the surcharge, must be an amount that will result in a recomputed benefit ratio that is in a rate class at least four rate
classes lower than the rate class that included the employer’s
original benefit ratio.
(b) Payment of a voluntary contribution is considered
timely if received by the department during the period beginning on the date of mailing to the employer the notice of contribution rate applicable for rate years beginning before January 1, 2005, or notice of array calculation factor rate applicable for rate years beginning on or after January 1, 2005,
required under this title for the rate year for which the
employer is seeking a modification of his or her rate and ending on February 15th of that rate year or, for voluntary contributions for rate year 2000, ending on March 31, 2000.
(c) A benefit ratio may not be recomputed nor a rate be
reduced under this section as a result of a voluntary contribution received after the payment period prescribed in (b) of
this subsection.
(2) This section does not apply to any employer who has
not had an increase of at least twelve rate classes from the
previous tax rate year. [2003 2nd sp.s. c 4 § 17; 2000 c 2 § 5;
1995 c 322 § 1.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following
RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—1995 c 322: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1995 c 322 § 2.]
50.29.027 Benefit ratio computed for 1985 and thereafter. For the rate year 1985 and each rate year thereafter, a
benefit ratio shall be computed for each qualified employer
by dividing the total amount of benefits charged to the
account of the employer during the forty-eight consecutive
50.29.027
(2008 Ed.)
Employer Experience Rating
months immediately preceding the computation date by the
taxable payrolls of the employer for the same forty-eight
month period as reported to the department by the cut-off
dates. The division shall be carried to the sixth decimal place
with the remaining fraction, if any, disregarded. [1984 c 205
§ 4.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.030 "Wages" defined for purpose of prorating
benefit charges. For the purpose of prorating benefit
charges "wages" shall mean "wages" as defined for purpose
of payment of benefits in RCW 50.04.320. [1970 ex.s. c 2 §
12.]
50.29.030
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.29.041 Contribution rate—Solvency surcharge.
Beginning with contributions assessed for rate year 2005, the
contribution rate of each employer subject to contributions
under RCW 50.24.010 shall include a solvency surcharge
determined as follows:
(1) This section shall apply to employers’ contributions
for a rate year immediately following a cut-off date only if,
on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an
amount that will provide fewer than seven months of unemployment benefits.
(2) The solvency surcharge shall be the lowest rate necessary, as determined by the commissioner, but not more than
two-tenths of one percent, to provide revenue during the
applicable rate year that will fund unemployment benefits for
the number of months that is the difference between nine
months and the number of months for which the balance in
the unemployment compensation fund on the cut-off date
will provide benefits.
(3) The basis for determining the number of months of
unemployment benefits shall be the same basis used in RCW
50.29.025(2)(b)(i)(B). [2006 c 13 § 5; 2003 2nd sp.s. c 4 §
16.]
50.29.041
Application—2006 c 13 §§ 4 and 5: See note following RCW
50.29.025.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
50.29.062 Contribution rates for predecessor and
successor employers. Except as provided in RCW
50.29.063, predecessor and successor employer contribution
rates shall be computed in the following manner:
(1) If the successor is an employer, as defined in RCW
50.04.080, at the time of the transfer of a business, the following applies:
(a) The successor’s contribution rate shall remain
unchanged for the remainder of the rate year in which the
transfer occurs; and
50.29.062
(2008 Ed.)
50.29.062
(b) Beginning January 1st following the transfer, the successor’s contribution rate for each rate year shall be based on
a combination of the following:
(i) The successor’s experience with payrolls and benefits; and
(ii) Any experience assigned to the predecessor involved
in the transfer. If only a portion of the business was transferred, then the experience attributable to the acquired portion is assigned to the successor.
(2) If the successor is not an employer at the time of the
transfer, the following applies:
(a) For transfers before January 1, 2005:
(i) Except as provided in (ii) of this subsection (2)(a), the
successor shall pay contributions at the lowest rate determined under either of the following:
(A) The contribution rate of the rate class assigned to the
predecessor employer at the time of the transfer for the
remainder of that rate year. Any experience relating to the
assignment of that rate class attributable to the predecessor is
transferred to the successor. Beginning with the January 1st
following the transfer, the successor’s contribution rate shall
be based on a combination of the transferred experience of
the acquired business and the successor’s experience after the
transfer; or
(B) The contribution rate equal to the average industry
rate as determined by the commissioner, but not less than one
percent, and continuing until the successor qualifies for a different rate in its own right. Assignment of employers by the
commissioner to industrial classification, for purposes of this
subsection, must be in accordance with established classification practices found in the North American industry classification system issued by the federal office of management and
budget to the fourth digit provided in the North American
industry classification system.
(ii) If the successor simultaneously acquires the business
or a portion of the business of two or more employers in different rate classes, its rate from the date the transfer occurred
until the end of that rate year and until it qualifies in its own
right for a new rate, shall be the rate of the highest rate class
applicable at the time of the acquisition to any predecessor
employer who is a party to the acquisition, but not less than
one percent.
(b) For transfers on or after January 1, 2005:
(i) Except as provided in (ii) and (iii) of this subsection
(2)(b), the successor shall pay contributions:
(A) At the contribution rate assigned to the predecessor
employer at the time of the transfer for the remainder of that
rate year. Any experience attributable to the predecessor
relating to the assignment of the predecessor’s rate class is
transferred to the successor.
(B) Beginning January 1st following the transfer, the
successor’s contribution rate for each rate year shall be based
on an array calculation factor rate that is a combination of the
following: The successor’s experience with payrolls and
benefits; and any experience assigned to the predecessor
involved in the transfer. If only a portion of the business was
transferred, then the experience attributable to the acquired
portion is assigned to the successor if qualified under RCW
50.29.010(6) by including the transferred experience. If not
qualified under RCW 50.29.010(6), the contribution rate
shall equal the sum of the rates determined by the commis[Title 50 RCW—page 71]
50.29.063
Title 50 RCW: Unemployment Compensation
sioner under RCW *50.29.025(2) (c)(ii) and (d)(ii), and
50.29.041, if applicable, and continuing until the successor
qualifies for a different rate, including the transferred experience.
(ii) If there is a substantial continuity of ownership, control, or management by the successor of the business of the
predecessor, the successor shall pay contributions at the contribution rate determined for the predecessor employer at the
time of the transfer for the remainder of that rate year. Any
experience attributable to the predecessor relating to the
assignment of the predecessor’s rate class is transferred to the
successor. Beginning January 1st following the transfer, the
successor’s array calculation factor rate shall be based on a
combination of the transferred experience of the acquired
business and the successor’s experience after the transfer.
(iii) If the successor simultaneously acquires the business or a portion of the business of two or more employers
with different contribution rates, the successor’s rate from the
date the transfer occurred until the end of that rate year and
until it qualifies in its own right for a new rate, shall be the
sum of the rates determined by the commissioner under RCW
50.29.025(2) (a) and (b), and 50.29.041, applicable at the
time of the acquisition, to the predecessor employer who,
among the parties to the acquisition, had the largest total payroll in the completed calendar quarter immediately preceding
the date of transfer, but not less than the sum of the rates
determined by the commissioner under RCW *50.29.025(2)
(c)(ii) and (d)(ii), and 50.29.041, if applicable.
(3) With respect to predecessor employers:
(a) The contribution rate on any payroll retained by a
predecessor employer shall remain unchanged for the
remainder of the rate year in which the transfer occurs.
(b) In all cases, beginning January 1st following the
transfer, the predecessor’s contribution rate or the predecessor’s array calculation factor for each rate year shall be based
on its experience with payrolls and benefits as of the regular
computation date for that rate year excluding the experience
of the transferred business or transferred portion of business
as that experience has transferred to the successor: PROVIDED, That if all of the predecessor’s business is transferred to a successor or successors, the predecessor shall not
be a qualified employer until it satisfies the requirements of a
"qualified employer" as set forth in RCW 50.29.010.
(4) For purposes of this section, "transfer of a business"
means the same as RCW 50.29.063(4)(c). [2006 c 47 § 2;
2003 2nd sp.s. c 4 § 18; 1996 c 238 § 1; 1995 c 56 § 1; 1989
c 380 § 81; 1984 c 205 § 6.]
*Reviser’s note: RCW 50.29.025 was amended by 2007 c 51 § 1,
incorporating the substance of subsection (2)(c)(ii) and (d)(ii) into subsection (2)(d)(i).
Conflict with federal requirements—2006 c 47: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2006 c 47
§ 5.]
Severability—2006 c 47: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
[Title 50 RCW—page 72]
application of the provision to other persons or circumstances is not
affected." [2006 c 47 § 6.]
Effective date—2006 c 47: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2006]." [2006 c 47 § 7.]
Retroactive application—2006 c 47: "This act is remedial in nature
and shall be applied retroactively to January 1, 2006." [2006 c 47 § 8.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application—1996 c 238: "This act applies to unemployment contribution rates effective on and after January 1, 1996." [1996 c 238 § 2.]
Conflict with federal requirements—1996 c 238: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1996 c 238 § 3.]
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note following
RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.063 Predecessor or successor employers—
Transfer to obtain reduced array calculation factor
rate—Evasion of successor provisions—Penalties. (1) If it
is found that a significant purpose of the transfer of a business
was to obtain a reduced array calculation factor rate, then the
following applies:
(a) If the successor was an employer at the time of the
transfer, then the experience rating accounts of the employers
involved shall be combined into a single account and the
employers assigned the higher of the predecessor or successor array calculation factor rate to take effect as of the date of
the transfer.
(b) If the successor was not an employer at the time of
the transfer, then the experience rating account of the
acquired business must not be transferred and, instead, the
sum of the rate determined by the commissioner under
*RCW 50.29.025(2) (c)(ii) and (d)(ii), and 50.29.041 if applicable, shall be assigned.
(2) If any part of a delinquency for which an assessment
is made under this title is due to an intent to knowingly evade
the successorship provisions of RCW 50.29.062 and this section, then with respect to the employer, and to any business
found to be knowingly promoting the evasion of such provisions:
(a) The commissioner shall, for the rate year in which the
commissioner makes the determination under this subsection
and for each of the three consecutive rate years following that
rate year, assign to the employer or business the total rate,
which is the sum of the recalculated array calculation factor
rate and a civil penalty assessment rate, calculated as follows:
(i) Recalculate the array calculation factor rate as the
array calculation factor rate that should have applied to the
employer or business under RCW 50.29.025 and 50.29.062;
and
50.29.063
(2008 Ed.)
Employer Experience Rating
(ii) Calculate a civil penalty assessment rate in an
amount that, when added to the array calculation factor rate
determined under (a)(i) of this subsection for the applicable
rate year, results in a total rate equal to the maximum array
calculation factor rate under RCW 50.29.025 plus two percent, which total rate is not limited by any maximum array
calculation factor rate established in RCW
50.29.025(2)(b)(ii);
(b) The employer or business may be prosecuted under
the penalties prescribed in RCW 50.36.020; and
(c) The employer or business must pay for the employment security department’s reasonable expenses of auditing
the employer’s or business’s books and collecting the civil
penalty assessment.
(3) If the person knowingly evading the successorship
provisions, or knowingly attempting to evade these provisions, or knowingly promoting the evasion of these provisions, is not an employer, the person is subject to a civil penalty assessment of five thousand dollars per occurrence. In
addition, the person is subject to the penalties prescribed in
RCW 50.36.020 as if the person were an employer. The person must also pay for the employment security department’s
reasonable expenses of auditing his or her books and collecting the civil penalty assessment.
(4) For purposes of this section:
(a) "Knowingly" means having actual knowledge of or
acting with deliberate ignorance or reckless disregard for the
prohibition involved and includes, but is not limited to, intent
to evade, misrepresentation, or willful nondisclosure.
(b) "Person" means and includes an individual, a trust,
estate, partnership, association, company, or corporation.
(c) "Transfer of a business" includes the transfer or
acquisition of substantially all or a portion of the operating
assets, which may include the employer’s workforce.
(5) Any decision to assess a penalty under this section
shall be made by the chief administrative officer of the tax
branch or his or her designee.
(6) Nothing in this section shall be construed to deny an
employer the right to appeal the assessment of a penalty in
the manner provided in RCW 50.32.030.
(7) The commissioner shall engage in prevention, detection, and collection activities related to evasion of the successorship provisions of RCW 50.29.062 and this section, and
establish procedures to enforce this section. [2007 c 327 § 3;
2006 c 47 § 1.]
*Reviser’s note: RCW 50.29.025 was amended by 2007 c 51 § 1,
incorporating the substance of subsection (2)(c)(ii) and (d)(ii) into subsection (2)(d)(i).
Severability—Conflict with federal requirements—Effective date—
2007 c 327: See notes following RCW 50.24.014.
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2006 c 47: See notes following RCW 50.29.062.
50.29.064
50.29.064 Rules to implement 2006 c 47. The commissioner of the employment security department may adopt
rules necessary to implement chapter 47, Laws of 2006.
[2006 c 47 § 4.]
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2006 c 47: See notes following RCW 50.29.062.
(2008 Ed.)
50.29.080
50.29.065 Notice of benefits paid and charged to
employer’s account. Within thirty days after the end of
every calendar quarter, the commissioner shall notify each
employer of the benefits received during that quarter by each
claimant for whom he or she is the base year employer and
the amount of those benefits charged to his or her experience
rating account. [1984 c 205 § 10.]
50.29.065
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.070 Notice of employer benefit charges and
rate of contribution—Review and appeal. (1) Within a
reasonable time after the computation date each employer
shall be notified of the employer’s rate of contribution as
determined for the succeeding rate year and factors used in
the calculation. Beginning with rate year 2005, the notice
must include the amount of the contribution rate that is attributabl e to each compon ent of t he rate under R CW
50.29.025(2).
(2) Any employer dissatisfied with the benefit charges
made to the employer’s account for the twelve-month period
immediately preceding the computation date or with his or
her determined rate may file a request for review and redetermination with the commissioner within thirty days of the
mailing of the notice to the employer, showing the reason for
such request. Should such request for review and redetermination be denied, the employer may, within thirty days of the
mailing of such notice of denial, file with the appeal tribunal
a petition for hearing which shall be heard in the same manner as a petition for denial of refund. The appellate procedure
prescribed by this title for further appeal shall apply to all
denials of review and redetermination under this section.
[2003 2nd sp.s. c 4 § 19; 1990 c 245 § 8; 1983 1st ex.s. c 23
§ 19; 1973 1st ex.s. c 158 § 14; 1970 ex.s. c 2 § 16.]
50.29.070
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Appeal on denial of refund: RCW 50.32.030, 50.32.050.
Appeal to the courts: RCW 50.32.120.
Review by commissioner: RCW 50.32.070.
50.29.080 Redetermination and correction of
employer’s contribution rate. The commissioner may
redetermine any contribution rate if, within three years of the
rate computation date he finds that the rate as originally computed was erroneous.
In the event that the redetermined rate is lower than that
originally computed the difference between the amount paid
and the amount which should have been paid on the
employer’s taxable payroll for the rate year involved shall be
established as a credit against his tax liability; however, if the
redetermined rate is higher than that originally computed the
difference between the amount paid and the amount which
should have been paid on the employer’s taxable payroll shall
50.29.080
[Title 50 RCW—page 73]
50.29.090
Title 50 RCW: Unemployment Compensation
be assessed against the employer as contributions owing for
the rate year involved.
The redetermination of an employer’s contribution rate
shall not affect the contribution rates which have been established for any other employer nor shall such redetermination
affect any other computation made pursuant to this title.
The employer shall have the same rights to request
review and redetermination as he had from his original rate
determination. [1970 ex.s. c 2 § 17.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.29.090 Contribution rates for client employers.
For purposes of this title, each client employer of a professional employer organization is assigned its individual contribution rate based on its own experience. [2007 c 146 § 10.]
50.29.090
Report on implementation and impact—2007 c 146 §§ 8-12: See
note following RCW 50.04.298.
Effective date—2007 c 146 §§ 5, 6, and 10-12: See note following
RCW 50.04.310.
Conflict with federal requirements—Severability—2007 c 146: See
notes following RCW 50.04.080.
Chapter 50.32
Chapter 50.32 RCW
REVIEW, HEARINGS, AND APPEALS
50.32.025 Mailed appeal or petition. The appeal or
petition from a determination, redetermination, order and
notice of assessment, appeals decision, or commissioner’s
decision which is (1) transmitted through the United States
mail, shall be deemed filed and received by the addressee on
the date shown by the United States postal service cancellation mark stamped by the United States postal service
employees upon the envelope or other appropriate wrapper
containing it or, (2) mailed but not received by the addressee,
or where received and the United States postal service cancellation mark is illegible, erroneous or omitted, shall be
deemed filed and received on the date it was mailed, if the
sender establishes by competent evidence that the appeal or
petition was deposited in the United States mail on or before
the date due for filing: PROVIDED, That in the case of a
metered cancellation mark by the sender and a United States
postal service cancellation mark on the same envelope or
other wrapper, the latter shall control: PROVIDED, FURTHER, That in any of the above circumstances, the appeal or
petition must be properly addressed and have sufficient postage affixed thereto. [1975 1st ex.s. c 228 § 4; 1969 ex.s. c
200 § 1.]
50.32.025
Sections
50.32.010
50.32.020
50.32.025
50.32.030
50.32.040
50.32.050
50.32.060
50.32.070
50.32.075
50.32.080
50.32.090
50.32.095
50.32.097
50.32.100
50.32.110
50.32.120
50.32.130
50.32.140
50.32.150
50.32.160
50.32.170
50.32.180
50.32.190
50.32.020 Filing of benefit appeals. The applicant or
claimant, his or her most recent employing unit or any interested party which the commissioner by regulation prescribes,
may file an appeal from any determination or redetermination
with the appeal tribunal within thirty days after the date of
notification or mailing, whichever is earlier, of such determination or redetermination to his or her last known address:
PROVIDED, That in the event an appeal with respect to any
determination is pending as of the date when a redetermination thereof is issued, such appeal, unless withdrawn, shall be
treated as an appeal from such redetermination. Any appeal
from a determination of denial of benefits which is effective
for an indefinite period shall be deemed to be an appeal as to
all weeks subsequent to the effective date of the denial for
which benefits have already been denied. If no appeal is
taken from any determination, or redetermination, within the
time allowed by the provisions of this section for appeal
therefrom, said determination, or redetermination, as the case
may be, shall be conclusively deemed to be correct except as
hereinbefore provided in respect to reconsideration by the
commissioner of any determination. [1987 c 61 § 1; 1951 c
215 § 10; 1945 c 35 § 118; Rem. Supp. 1945 § 9998-256.
Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 § 4; 1937
c 162 § 6.]
50.32.020
Appeal tribunals.
Filing of benefit appeals.
Mailed appeal or petition.
Appeal from order and notice of assessment.
Benefit appeal procedure.
Contributions appeal procedure.
Conduct of appeal hearings.
Petition for review by commissioner.
Waiver of time for appeal or petition.
Commissioner’s review procedure.
Finality of commissioner’s decision.
Commissioner’s decisions as precedents—Publication.
Applicability of finding, determination, etc., to other action.
Costs.
Fees for administrative hearings.
Procedure for judicial review.
Undertakings on seeking judicial review.
Interstate petitions to Thurston county.
Jurisdiction of court.
Attorneys’ fees.
Decision final by agreement.
Remedies of title exclusive.
Costs, charges, and expenses.
50.32.010 Appeal tribunals. The commissioner shall
establish one or more impartial appeal tribunals, each of
which shall consist of an administrative law judge appointed
under chapter 34.12 RCW who shall decide the issues submitted to the tribunal. No administrative law judge may hear
or decide any disputed claim in any case in which he is an
interested party. Wherever the term "appeal tribunal" or "the
appeal tribunal" is used in this title the same refers to an
appeal tribunal established under the provisions of this section. Notice of any appeal or petition for hearing taken to an
appeal tribunal in any proceeding under this title may be filed
with such agency as the commissioner may by regulation prescribe. [1981 c 67 § 30; 1945 c 35 § 117; Rem. Supp. 1945 §
9998-255. Prior: 1943 c 127 § 4; 1941 c 253 § 4.]
50.32.010
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
[Title 50 RCW—page 74]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.030 Appeal from order and notice of assessment. When an order and notice of assessment has been
served upon or mailed to a delinquent employer, as heretofore provided, such employer may within thirty days thereafter file a petition in writing with the appeal tribunal, stating
that such assessment is unjust or incorrect and requesting a
hearing thereon. Such petition shall set forth the reasons why
the assessment is objected to and the amount of contributions,
if any, which said employer admits to be due the employment
security department. If no such petition be filed with the
appeal tribunal within thirty days, the assessment shall be
50.32.030
(2008 Ed.)
Review, Hearings, and Appeals
conclusively deemed to be just and correct: PROVIDED,
That in such cases, and in cases where payment of contributions, interest, or penalties has been made pursuant to a jeopardy assessment, the commissioner may properly entertain a
subsequent application for refund. The filing of a petition on
a disputed assessment with the appeal tribunal shall stay the
distraint and sale proceeding provided for in this title until a
final decision thereon shall have been made, but the filing of
such petition shall not affect the right of the commissioner to
perfect a lien, as provided by this title, upon the property of
the employer. The filing of a petition on a disputed assessment shall stay the accrual of interest and penalties on the disputed contributions until a final decision shall have been
made thereon.
Within thirty days after notice of denial of refund or
adjustment has been mailed or delivered (whichever is the
earlier) to an employer, the employer may file a petition in
writing with the appeal tribunal for a hearing thereon: PROVIDED, That this right shall not apply in those cases in which
assessments have been appealed from and have become final.
The petitioner shall set forth the reasons why such hearing
should be granted and the amount which the petitioner
believes should be adjusted or refunded. If no such petition
be filed within said thirty days, the determination of the commissioner as stated in said notice shall be final. [1987 c 111
§ 6; 1987 c 61 § 2; 1983 1st ex.s. c 23 § 20; 1959 c 266 § 7;
1949 c 214 § 23; 1945 c 35 § 119; Rem. Supp. 1949 § 9998257.]
Reviser’s note: This section was amended by 1987 c 61 § 2 and by
1987 c 111 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.32.040 Benefit appeal procedure. In any proceeding before an appeal tribunal involving a dispute of an individual’s initial determination, all matters covered by such initial determination shall be deemed to be in issue irrespective
of the particular ground or grounds set forth in the notice of
appeal.
In any proceeding before an appeal tribunal involving a
dispute of an individual’s claim for waiting period credit or
claim for benefits, all matters and provisions of this title relating to the individual’s right to receive such credit or benefits
for the period in question, including but not limited to the
question and nature of the claimant’s availability for work
within the meaning of RCW 50.20.010(1)(c) and 50.20.080,
shall be deemed to be in issue irrespective of the particular
ground or grounds set forth in the notice of appeal in single
claimant cases. The claimant’s availability for work shall be
determined apart from all other matters.
In any proceeding before an appeal tribunal involving an
individual’s right to benefits, all parties shall be afforded an
opportunity for hearing after not less than seven days’ notice
in accordance with RCW 34.05.434.
In any proceeding involving an appeal relating to benefit
determinations or benefit claims, the appeal tribunal, after
affording the parties reasonable opportunity for fair hearing,
50.32.040
(2008 Ed.)
50.32.070
shall render its decision affirming, modifying, or setting aside
the determination or decisions of the unemployment compensation division. The parties shall be duly notified of such
appeal tribunal’s decision together with its reasons therefor,
which shall be deemed to be the final decision on the initial
determination or the claim for waiting period credit or the
claim for benefits unless, within thirty days after the date of
notification or mailing, whichever is the earlier, of such decision, further appeal is perfected pursuant to the provisions of
this title relating to review by the commissioner. [2003 2nd
sp.s. c 4 § 32; 1989 c 175 § 117; 1987 c 61 § 3; 1981 c 35 §
10; 1973 c 73 § 8; 1945 c 35 § 120; Rem. Supp. 1945 § 9998258. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 § 4;
1937 c 162 § 6.]
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.32.050 Contributions appeal procedure. In any
proceeding before an appeal tribunal involving an appeal
from a disputed order and notice of assessment (for contributions, interest, or penalties due) a disputed denial of refund or
adjustment (of contributions, interest, or penalties paid) or a
disputed experience rating credit, the appeal tribunal, after
affording the parties a reasonable opportunity for hearing,
shall affirm, modify or set aside the notice of assessment,
denial of refund or experience rating credit. The parties shall
be duly notified of such appeal tribunal’s decision together
with its reasons therefor which shall be deemed to be the final
decision on the order and notice of assessment, denial of
refund or experience rating credit, as the case may be, unless
within thirty days after the date of notification or mailing,
whichever is the earlier, of such decision, further appeal is
perfected pursuant to the provisions of this title relating to
review by the commissioner. [1987 c 61 § 4; 1983 1st ex.s. c
23 § 21; 1949 c 214 § 24; 1945 c 35 § 121; Rem. Supp. 1949
§ 9998-259.]
50.32.050
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Review by commissioner: RCW 50.32.070.
50.32.060 Conduct of appeal hearings. The manner in
which any dispute shall be presented to the appeal tribunal,
and the conduct of hearings and appeals, shall be in accordance with regulations prescribed by the commissioner for
determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all appeal tribunal proceedings.
All testimony at any appeal tribunal hearing shall be
recorded, but need not be transcribed unless further appeal is
taken. [1945 c 35 § 122; Rem. Supp. 1945 § 9998-260.]
50.32.060
50.32.070 Petition for review by commissioner.
Within thirty days from the date of notification or mailing,
whichever is the earlier, of any decision of an appeal tribunal,
the commissioner on his or her own order may, or upon petition of any interested party shall, take jurisdiction of the pro50.32.070
[Title 50 RCW—page 75]
50.32.075
Title 50 RCW: Unemployment Compensation
ceedings for the purpose of review thereof. Appeal from any
decision of an appeal tribunal may be perfected so as to prevent finality of such decision if, within thirty days from the
date of mailing the appeal tribunal decision, or notification
thereof, whichever is the earlier, a petition in writing for
review by the commissioner is received by the commissioner
or by such representative of the commissioner as the commissioner by regulation shall prescribe. The commissioner may
also prevent finality of any decision of an appeal tribunal and
take jurisdiction of the proceedings for his or her review
thereof by entering an order so providing on his or her own
motion and mailing a copy thereof to the interested parties
within the same period allowed herein for receipt of a petition
for review. The time limit provided herein for the commissioner’s assumption of jurisdiction on his or her own motion
for review shall be deemed to be jurisdictional. [1987 c 61 §
5; 1975 1st ex.s. c 228 § 5; 1947 c 215 § 31; 1945 c 35 § 123;
Rem. Supp. 1947 § 9998-261.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.075 Waiver of time for appeal or petition. For
good cause shown the appeal tribunal or the commissioner
may waive the time limitations for administrative appeals or
petitions set forth in the provisions of this title. [1975 1st
ex.s. c 228 § 16.]
50.32.075
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.080 Commissioner’s review procedure. After
having acquired jurisdiction for review, the commissioner
shall review the proceedings in question. Prior to rendering
his decision, the commissioner may order the taking of additional evidence by an appeal tribunal to be made a part of the
record in the case. Upon the basis of evidence submitted to
the appeal tribunal and such additional evidence as the commissioner may order to be taken, the commissioner shall render his decision in writing affirming, modifying, or setting
aside the decision of the appeal tribunal. Alternatively, the
commissioner may order further proceedings to be held
before the appeal tribunal, upon completion of which the
appeal tribunal shall issue a decision in writing affirming,
modifying, or setting aside its previous decision. The new
decision may be appealed under RCW 50.32.070. The commissioner shall mail his decision to the interested parties at
their last known addresses. [1982 1st ex.s. c 18 § 8; 1945 c
35 § 124; Rem. Supp. 1945 § 9998-262.]
50.32.080
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.32.090 Finality of commissioner’s decision. Any
decision of the commissioner involving a review of an appeal
tribunal decision, in the absence of a petition therefrom as
provided in chapter 34.05 RCW, becomes final thirty days
after service. The commissioner shall be deemed to be a party
to any judicial action involving any such decision and shall
be represented in any such judicial action by the attorney general. [1989 c 175 § 118; 1973 1st ex.s. c 158 § 15; 1945 c 35
§ 125; Rem. Supp. 1945 § 9998-263.]
50.32.090
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 50 RCW—page 76]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Procedure for judicial review: RCW 50.32.120.
50.32.095 Commissioner’s decisions as precedents—
Publication. The commissioner may designate certain commissioner’s decisions as precedents. The commissioner’s
decisions designated as precedents shall be published and
made available to the public by the department. [1982 1st
ex.s. c 18 § 9.]
50.32.095
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.32.097 Applicability of finding, determination,
etc., to other action. Any finding, determination, conclusion, declaration, or final order made by the commissioner, or
his or her representative or delegate, or by an appeal tribunal,
administrative law judge, reviewing officer, or other agent of
the department for the purposes of Title 50 RCW, shall not be
conclusive, nor binding, nor admissible as evidence in any
separate action outside the scope of Title 50 RCW between
an individual and the individual’s present or prior employer
before an arbitrator, court, or judge of this state or the United
States, regardless of whether the prior action was between the
same or related parties or involved the same facts or was
reviewed pursuant to RCW 50.32.120. [1988 c 28 § 1.]
50.32.097
50.32.100 Costs. In all proceedings provided by this
title prior to court review involving dispute of an individual’s
initial determination, or claim for waiting period credit, or for
benefits, the fees of all witnesses attending such proceedings
pursuant to subpoena shall be paid at the rate fixed by such
regulation as the commissioner shall prescribe and such fees
and all costs of such proceedings otherwise chargeable to
such individual, except charges for services rendered by
counsel or other agent representing such individual, shall be
paid out of the unemployment compensation administration
fund. In all other respects and in all other proceedings under
this title the rule in civil cases as to costs and attorney fees
shall apply: PROVIDED, That cost bills may be served and
filed and costs shall be taxed in accordance with such regulation as the commissioner shall prescribe. [1945 c 35 § 126;
Rem. Supp. 1945 § 9998-264.]
50.32.100
Costs and attorneys’ fees: Chapter 4.84 RCW.
50.32.110 Fees for administrative hearings. No individual shall be charged fees of any kind in any proceeding
involving the individual’s application for initial determination, or claim for waiting period credit, or claim for benefits,
under this title by the commissioner or his representatives, or
by an appeal tribunal, or any court, or any officer thereof.
Any individual in any such proceeding before the commissioner or any appeal tribunal may be represented by counsel
or other duly authorized agent who shall neither charge nor
receive a fee for such services in excess of an amount found
reasonable by the officer conducting such proceeding. [1945
c 35 § 127; Rem. Supp. 1945 § 9998-265.]
50.32.110
50.32.120 Procedure for judicial review. Judicial
review of a decision of the commissioner involving the
review of an appeals tribunal decision may be had only in
50.32.120
(2008 Ed.)
Review, Hearings, and Appeals
accordance with the procedural requirements of RCW
34.05.570. [1973 1st ex.s. c 158 § 16; 1971 c 81 § 119; 1945
c 35 § 128; Rem. Supp. 1945 § 9998-266. Prior: 1943 c 127
§ 4; 1941 c 253 § 4; 1939 c 214 § 4; 1937 c 162 § 6.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Appeals: Chapter 4.88 RCW.
50.32.130 Undertakings on seeking judicial review.
No bond of any kind shall be required of any individual seeking judicial review from a commissioner’s decision affecting
such individual’s application for initial determination or
claim for waiting period credit or for benefits.
No commissioner’s decision shall be stayed by a petition
for judicial review unless the petitioning employer shall first
deposit an undertaking in an amount theretofore deemed by
the commissioner to be due, if any, from the petitioning
employer, together with interest thereon, if any, with the
commissioner or in the registry of the court: PROVIDED,
HOWEVER, That this section shall not be deemed to authorize a stay in the payment of benefits to an individual when
such individual has been held entitled thereto by a decision of
the commissioner which decision either affirms, reverses, or
modifies a decision of an appeals tribunal. [1973 1st ex.s. c
158 § 17; 1971 c 81 § 120; 1945 c 35 § 129; Rem. Supp. 1945
§ 9998-267. Prior: 1943 c 127 § 4; 1941 c 253 § 4.]
50.32.130
Rules of court: Cf. Title 8 RAP, RAP 18.22.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.32.140 Interstate petitions to Thurston county.
RCW 34.05.514 to the contrary notwithstanding, petitions to
the superior court from decisions of the commissioner dealing with the applications or claims relating to benefit payments which were filed outside of this state with an authorized representative of the commissioner shall be filed with
the superior court of Thurston county which shall have the
original venue of such appeals. [1989 c 175 § 119; 1973 1st
ex.s. c 158 § 18; 1945 c 35 § 130; Rem. Supp. 1945 § 9998268.]
50.32.190
said court. [1945 c 35 § 131; Rem. Supp. 1945 § 9998-269.
Prior: 1941 c 253 § 4.]
Judgments
entry of: Chapter 4.64 RCW.
generally: Chapter 4.56 RCW.
50.32.160 Attorneys’ fees. It shall be unlawful for any
attorney engaged in any appeal to the courts on behalf of an
individual involving the individual’s application for initial
determination, or claim for waiting period credit, or claim for
benefits to charge or receive any fee therein in excess of a
reasonable fee to be fixed by the superior court in respect to
the services performed in connection with the appeal taken
thereto and to be fixed by the supreme court or the court of
appeals in the event of appellate review, and if the decision of
the commissioner shall be reversed or modified, such fee and
the costs shall be payable out of the unemployment compensation administration fund. In the allowance of fees the court
shall give consideration to the provisions of this title in
respect to fees pertaining to proceedings involving an individual’s application for initial determination, claim for waiting period credit, or claim for benefits. In other respects the
practice in civil cases shall apply. [1988 c 202 § 48; 1971 c
81 § 121; 1945 c 35 § 132; Rem. Supp. 1945 § 9998-270.
Prior: 1941 c 253 § 4.]
50.32.160
Severability—1988 c 202: See note following RCW 2.24.050.
Attorneys’ fees: Chapter 4.84 RCW.
Costs: RCW 50.32.100.
Costs on appeal: Chapter 4.84 RCW.
50.32.140
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.32.150 Jurisdiction of court. In all court proceedings under or pursuant to this title the decision of the commissioner shall be prima facie correct, and the burden of proof
shall be upon the party attacking the same.
If the court shall determine that the commissioner has
acted within his power and has correctly construed the law,
the decision of the commissioner shall be confirmed; otherwise, it shall be reversed or modified. In case of a modification or reversal the superior court shall refer the same to the
commissioner with an order directing him to proceed in
accordance with the findings of the court.
Whenever any order and notice of assessment shall have
become final in accordance with the provisions of this title,
the court shall upon application of the commissioner enter a
judgment in the amount provided for in said order and notice
of assessment, and said judgment shall have and be given the
same effect as if entered pursuant to civil action instituted in
50.32.150
(2008 Ed.)
50.32.170 Decision final by agreement. No appeal
from the decision of an appeal tribunal, or of the commissioner, or of any court in any proceedings provided by this
title may be taken subsequent to the filing with the appeal tribunal, commissioner, or court which rendered the decision,
within the time allowed for appeal, of an agreement in writing approved by all interested parties to the proceedings, providing that no appeal will be taken from such decision. The
provisions of this section shall be jurisdictional. [1945 c 35 §
133; Rem. Supp. 1945 § 9998-271.]
50.32.170
50.32.180 Remedies of title exclusive. The remedies
provided in this title for determining the justness or correctness of assessments, refunds, adjustments, or claims shall be
exclusive and no court shall entertain any action to enjoin an
assessment or require a refund or adjustment except in accordance with the provisions of this title. Matters which may be
determined by the procedures set out in this title shall not be
the subject of any declaratory judgment. [1945 c 35 § 134;
Rem. Supp. 1945 § 9998-272.]
50.32.180
50.32.190 Costs, charges, and expenses. Whenever
any appeal is taken from any decision of the commissioner to
any court, all expenses and costs incurred therein by said
commissioner, including court reporter costs and attorneys’
fees and all costs taxed against such commissioner, shall be
paid out of the unemployment compensation administration
fund.
Neither the commissioner nor the state shall be charged
any fee for any service rendered in connection with litigation
50.32.190
[Title 50 RCW—page 77]
Chapter 50.36
Title 50 RCW: Unemployment Compensation
under the unemployment compensation act by the clerk of
any court. [1945 c 35 § 135; Rem. Supp. 1945 § 9998-273.]
Chapter 50.36
Chapter 50.36 RCW
PENALTIES
Sections
50.36.010
50.36.020
50.36.030
1953 ex.s. c 8 § 23; 1945 c 35 § 181; Rem. Supp. 1945 §
9998-320. Prior: 1943 c 127 § 12; 1941 c 253 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Crimes and punishment: Titles 9, 9A RCW.
50.36.030 Concealing cause of discharge. Employing
units or agents thereof supplying information to the employment security department pertaining to the cause of a benefit
claimant’s separation from work, which cause stated to the
department is contrary to that given the benefit claimant by
such employing unit or agent thereof at the time of his separation from the employing unit’s employ, shall be guilty of a
misdemeanor and shall be punished by a fine of not less than
twenty dollars nor more than two hundred and fifty dollars or
by imprisonment in the county jail for not more than ninety
days. [1951 c 265 § 13.]
50.36.030
Violations generally.
Violations by employers.
Concealing cause of discharge.
50.36.010 Violations generally. (1) It shall be unlawful
for any person to knowingly give any false information or
withhold any material information required under the provisions of this title.
(2) Any person who violates any of the provisions of this
title which violation is declared to be unlawful, and for which
no contrary provision is made, is guilty of a misdemeanor and
shall be punished by a fine of not less than twenty dollars nor
more than two hundred and fifty dollars or by imprisonment
in the county jail for not more than ninety days.
(3) Any person who in connection with any compromise
or offer of compromise willfully conceals from any officer or
employee of the state any property belonging to an employing unit which is liable for contributions, interest, or penalties, or receives, destroys, mutilates, or falsifies any book,
document, or record, or makes under oath any false statement
relating to the financial condition of the employing unit
which is liable for contributions, is guilty of a gross misdemeanor and shall upon conviction thereof be fined not more
than five thousand dollars or be imprisoned for not more than
one year, or both.
(4) The penalty prescribed in this section shall not be
deemed exclusive, but any act which shall constitute a crime
under any law of this state may be the basis of prosecution
under such law notwithstanding that it may also be the basis
for prosecution under this section. [2003 c 53 § 279; 1953
ex.s. c 8 § 22; 1945 c 35 § 180; Rem. Supp. 1945 § 9998-319.
Prior: 1943 c 127 § 12; 1941 c 253 § 13.]
50.36.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
50.36.020 Violations by employers. (1) Any person
required under this title to collect, account for and pay over
any contributions imposed by this title, who willfully fails to
collect or truthfully account for and pay over such contributions, and any person who willfully attempts in any manner to
evade or defeat any contributions imposed by this title or the
payment thereof, is guilty of a gross misdemeanor and shall,
in addition to other penalties provided by law, upon conviction thereof, be fined not more than five thousand dollars, or
imprisoned for not more than one year, or both, together with
the costs of prosecution.
(2) The term "person" as used in this section includes an
officer or individual in the employment of a corporation, or a
member or individual in the employment of a partnership,
who as such officer, individual or member is under a duty to
perform the act in respect of which the violation occurs. A
corporation may likewise be prosecuted under this section
and may be subjected to fine and payment of costs of prosecution as prescribed herein for a person. [2003 c 53 § 280;
50.36.020
[Title 50 RCW—page 78]
Severability—1951 c 265: See note following RCW 50.98.070.
Chapter 50.38 RCW
LABOR MARKET INFORMATION
AND ECONOMIC ANALYSIS
Chapter 50.38
(Formerly: Occupational information service—Forecast)
Sections
50.38.010
50.38.015
50.38.020
50.38.030
50.38.040
50.38.050
50.38.060
50.38.065
50.38.900
50.38.901
50.38.902
Intent.
Definitions.
Occupational information responsibility—Forecast, criteria.
Occupational forecast—Agency consultation.
Annual report.
Department—Duties.
Department—Powers.
Moneys for nonfunded labor market information costs—Disposition.
Effective date—1982 c 43.
Conflict with federal requirements—1993 c 62.
Effective date—1993 c 62.
50.38.010 Intent. It is the intent of this chapter to establish the duties and authority of the employment security
department relating to labor market information and economic analysis. State and federal law mandate the use of
labor market information in the planning, coordinating, management, implementation, and evaluation of certain programs. Often this labor market information is also needed in
studies for the legislature and state programs, like those dealing with growth management, community diversification,
export assistance, prison industries, energy, agriculture,
social services, and environment. Employment, training, education, job creation, and other programs are often mandated
without adequate federal or state funding for the needed labor
market information. Clarification of the department’s duties
and authority will assist users of state and local labor market
information products and services to have realistic expectations and provide the department authority to recover actual
costs for labor market information products and services
developed in response to individual requests. [1993 c 62 § 1;
1982 c 43 § 1.]
50.38.010
50.38.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
50.38.015
(2008 Ed.)
Labor Market Information and Economic Analysis
(1) "Labor market information" means the body of information generated from measurement and evaluation of the
socioeconomic factors and variables influencing the employment process in the state and specific labor market areas.
These socioeconomic factors and variables affect labor
demand and supply relationships and include:
(a) Labor force information, which includes but is not
limited to employment, unemployment, labor force participation, labor turnover and mobility, average hours and earnings,
and changes and characteristics of the population and labor
force within specific labor market areas and the state;
(b) Occupational information, which includes but is not
limited to occupational supply and demand estimates and
projections, characteristics of occupations, wage levels, job
duties, training and education requirements, conditions of
employment, unionization, retirement practices, and training
opportunities;
(c) Economic information, which includes but is not limited to number of business starts and stops by industry and
labor market area, information on employment growth and
decline by industry and labor market area, employer establishment data, and number of labor-management disputes by
industry and labor market area; and
(d) Program information, which includes but is not limited to program participant or student information gathered in
cooperation with other state and local agencies along with
related labor market information to evaluate the effectiveness, efficiency, and impact of state and local employment,
training, education, and job creation efforts in support of
planning, management, implementation, and evaluation.
(2) "Labor market area" means an economically integrated geographic area within which individuals can reside
and find employment within a reasonable distance or can
readily change employment without changing their place of
residence. Such areas shall be identified in accordance with
criteria used by the bureau of labor statistics of the department of labor in defining such areas or similar criteria established by the governor. The area generally takes the name of
its community. The boundaries depend primarily on economic and geographic factors. Washington state is divided
into labor market areas, which usually include a county or a
group of contiguous counties.
(3) "Labor market analysis" means the measurement and
evaluation of economic forces as they relate to the employment process in the local labor market area. Variables affecting labor market relationships include, but are not limited to,
such factors as labor force changes and characteristics, population changes and characteristics, industrial structure and
development, technological developments, shifts in consumer demand, volume and extent of unionization and trade
disputes, recruitment practices, wage levels, conditions of
employment, and training opportunities.
(4) "Public records" has the same meaning as set forth in
RCW 42.17.020.
(5) "Department" means the employment security
department. [1993 c 62 § 2.]
50.38.020 Occupational information responsibility—
Forecast, criteria. The Washington state employment security department shall be the responsible state entity for the
development, administration, and dissemination of Washing50.38.020
(2008 Ed.)
50.38.050
ton state occupational information, including the state occupational forecast. The generation of the forecast is subject to
the following criteria:
(1) The occupational forecast shall be consistent with the
state economic forecast;
(2) Standardized occupational classification codes shall
be adopted, to be cross-referenced with other generally
accepted occupational codes. [1982 c 43 § 2.]
50.38.030 Occupational forecast—Agency consultation. The employment security department shall consult with
the following agencies prior to the issuance of the state occupational forecast:
(1) Office of financial management;
(2) Department of community, trade, and economic
development;
(3) Department of labor and industries;
(4) State board for community and technical colleges;
(5) Superintendent of public instruction;
(6) Department of social and health services;
(7) Workforce training and education coordinating
board; and
(8) Other state and local agencies as deemed appropriate
by the commissioner of the employment security department.
These agencies shall cooperate with the employment
security department, submitting information relevant to the
generation of occupational forecasts. [1995 c 399 § 142;
1993 c 62 § 3; 1985 c 466 § 66; 1985 c 6 § 18; 1982 c 43 § 3.]
50.38.030
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
50.38.040 Annual report. The department shall submit
an annual report to the legislature and the governor that
includes, but is not limited to:
(1) Identification and analysis of industries in the United
States, Washington state, and local labor markets with high
levels of seasonal, cyclical, and structural unemployment;
(2) The industries and local labor markets with plant closures and mass lay-offs and the number of affected workers;
(3) An analysis of the major causes of plant closures and
mass lay-offs;
(4) The number of dislocated workers and persons who
have exhausted their unemployment benefits, classified by
industry, occupation, and local labor markets;
(5) The experience of the unemployed in their efforts to
become reemployed. This should include research conducted
on the continuous wage and benefit history;
(6) Five-year industry and occupational employment
projections; and
(7) Annual and hourly average wage rates by industry
and occupation. [1993 c 62 § 4.]
50.38.040
50.38.050 Department—Duties. The department shall
have the following duties:
(1) Oversight and management of a statewide comprehensive labor market and occupational supply and demand
information system, including development of a five-year
employment forecast for state and labor market areas;
(2) Produce local labor market information packages for
the state’s counties, including special studies and job impact
50.38.050
[Title 50 RCW—page 79]
50.38.060
Title 50 RCW: Unemployment Compensation
analyses in support of state and local employment, training,
education, and job creation programs, especially activities
that prevent job loss, reduce unemployment, and create jobs;
(3) Coordinate with the office of financial management
and the office of the forecast council to improve employment
estimates by enhancing data on corporate officers, improving
business establishment listings, expanding sample for
employment estimates, and developing business entry/exit
analysis relevant to the generation of occupational and economic forecasts; and
(4) In cooperation with the office of financial management, produce long-term industry and occupational employment forecasts. These forecasts shall be consistent with the
official economic and revenue forecast council biennial economic and revenue forecasts. [1993 c 62 § 5.]
50.38.060 Department—Powers. To implement this
chapter, the department has authority to:
(1) Establish mechanisms to recover actual costs
incurred in producing and providing otherwise nonfunded
labor market information.
(a) If the commissioner, in his or her discretion, determines that providing labor market information is in the public
interest, the requested information may be provided at
reduced costs.
(b) The department shall provide access to labor market
information products that constitute public records available
for public inspection and copying under chapter 42.56 RCW,
at fees not exceeding those allowed under RCW 42.56.120
and consistent with the department’s fee schedule;
(2) Receive federal set aside funds from several federal
programs that are authorized to fund state and local labor
market information and are required to use such information
in support of their programs;
(3) Enter into agreements with other public agencies for
statistical analysis, research, or evaluation studies of local,
state, and federally funded employment, training, education,
and job creation programs to increase the efficiency or quality of service provided to the public consistent with chapter
50.13 RCW;
(4) Coordinate with other state agencies to study ways to
standardize federal and state multi-agency administrative
records, such as unemployment insurance information and
other information to produce employment, training, education, and economic analysis needed to improve labor market
information products and services; and
(5) Produce agricultural labor market information and
economic analysis needed to facilitate the efficient and effective matching of the local supply and demand of agricultural
labor critical to an effective agricultural labor exchange in
Washington state. Information collected for an agricultural
labor market information effort will be coordinated with
other federal, state, and local statistical agencies to minimize
reporting burden through cooperative data collection efforts
for statistical analysis, research, or studies. [2005 c 274 §
324; 1993 c 62 § 6.]
50.38.060
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
50.38.065 Moneys for nonfunded labor market information costs—Disposition. Moneys received under RCW
50.38.060(1) to cover the actual costs of nonfunded labor
market information shall be deposited in the unemployment
compensation administration fund and expenditures shall be
authorized only by appropriation. [1993 c 62 § 7.]
50.38.900 Effective date—1982 c 43. This act shall
take effect July 1, 1982. [1982 c 43 § 5.]
50.38.900
50.38.901 Conflict with federal requirements—1993
c 62. If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the
allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder
of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state. [1993 c 62 § 10.]
50.38.901
50.38.902 Effective date—1993 c 62. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 62 § 13.]
50.38.902
Chapter 50.40
Chapter 50.40 RCW
MISCELLANEOUS PROVISIONS
Sections
50.40.010
50.40.020
50.40.040
50.40.050
50.40.065
50.40.066
Waiver of rights void.
Exemption of benefits.
No vested rights.
Child support obligations.
"Vendors in good standing"—Determination by governor’s
committee on disability issues and employment—Advisory
subcommittee—Rules.
Rules to implement RCW 50.40.065—Fees authorized—Vendors in good standing account.
50.40.010 Waiver of rights void. (1) Any agreement
by an individual to waive, release, or commute his or her
rights to benefits or any other rights under this title shall be
void.
(2) Any agreement by an individual in the employ of any
person or concern to pay all or any portion of an employer’s
contributions, required under this title from such employer,
shall be void.
(3) No employer shall directly or indirectly make or
require or accept any deduction from remuneration for services to finance the employer’s contributions required from
him or her, or require or accept any waiver of any right hereunder by any individual in his or her employ.
(4) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 281; 1945 c 35 § 182; Rem.
Supp. 1945 § 9998-321. Prior: 1943 c 127 § 11; 1941 c 253
§ 12; 1939 c 214 § 13; 1937 c 162 § 15.]
50.40.010
50.38.065
[Title 50 RCW—page 80]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2008 Ed.)
Miscellaneous Provisions
50.40.020 Exemption of benefits. Any assignment,
pledge, or encumbrance of any right to benefits which are or
may become due or payable under this title shall be void.
Such rights to benefits shall be exempt from levy, execution,
attachment, or any other remedy whatsoever provided for the
collection of debts, except as provided in RCW 50.40.050.
Benefits received by any individual, so long as they are not
commingled with other funds of the recipient, shall be
exempt from any remedy whatsoever for collection of all
debts except debts incurred for necessaries furnished such
individual or his spouse or dependents during the time when
such individual was unemployed. Any waiver of any exemption provided for in this section shall be void. [1982 1st ex.s.
c 18 § 10. Prior: 1982 c 201 § 7; 1945 c 35 § 183; Rem. Supp.
1945 § 9998-322; prior: 1943 c 127 § 11; 1941 c 253 § 12;
1939 c 214 § 13; 1937 c 162 § 15. Formerly codified in RCW
50.40.020, part and 50.40.030, part.]
50.40.020
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.40.040 No vested rights. The legislature reserves
the right to amend or repeal all or any part of this title at any
time; and there shall be no vested private right of any kind
against such amendment or repeal. All the rights, privileges,
or immunities conferred by this title or by acts done pursuant
thereto shall exist subject to the power of the legislature to
amend or repeal this title at any time. [1945 c 35 § 187; no
RRS. Prior: 1941 c 253 § 1; 1939 c 214 § 1; 1937 c 162 § 3.]
50.40.040
50.40.050 Child support obligations. (1) An individual filing a new claim for unemployment compensation shall,
at the time of filing the claim, disclose whether or not the
individual owes child support obligations as defined under
subsection (7) of this section. If the individual discloses that
he or she owes child support obligations and is determined to
be eligible for unemployment compensation, the commissioner shall notify the state or local child support enforcement agency enforcing those obligations that the individual
has been determined to be eligible for unemployment compensation.
(2) The commissioner shall deduct and withhold from
any unemployment compensation payable to an individual
who owes child support obligations as defined under subsection (7) of this section:
(a) The amount specified by the individual to the commissioner to be deducted and withheld under this subsection,
if neither (b) nor (c) of this subsection is applicable;
(b) The amount (if any) determined pursuant to an agreement submitted to the commissioner under section
454(20)(B)(i) of the Social Security Act by the state or local
child support enforcement agency, unless (c) of this subsection is applicable; or
(c) Any amount otherwise required to be so deducted and
withheld from such unemployment compensation pursuant to
legal process, as that term is defined in section 462(e) of the
Social Security Act, properly served upon the commissioner.
(3) Any amount deducted and withheld under subsection
(2) of this section shall be paid by the commissioner to the
appropriate state or local child support enforcement agency.
(4) Any amount deducted and withheld under subsection
(2) of this section shall be treated for all purposes as if it were
50.40.065
paid to the individual as unemployment compensation and
paid by that individual to the state or local child support
enforcement agency in satisfaction of the individual’s child
support obligations.
(5) For the purposes of this section, "unemployment
compensation" means any compensation payable under this
chapter including amounts payable by the commissioner
under an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(6) This section applies only if appropriate arrangements
have been made for reimbursement by the state or local child
support enforcement agency for the administrative costs
incurred by the commissioner under this section which are
attributable to child support obligations being enforced by the
state or local child support enforcement agency.
(7) "Child support obligations" as used in this section
means only those obligations which are being enforced pursuant to a plan described in section 454 of the Social Security
Act which has been approved by the secretary of health and
human services under part D of Title IV of the Social Security Act.
(8) "State or local child support enforcement agency" as
used in this section means any agency of this state or a political subdivision thereof operating pursuant to a plan
described in subsection (7) of this section. [1982 1st ex.s. c
18 § 11. Prior: 1982 c 201 § 3.]
Severability—Conflict with federal requirements—1982 1st ex.s. c
18: See notes following RCW 50.12.200.
50.40.050
(2008 Ed.)
50.40.065 "Vendors in good standing"—Determination by governor’s committee on disability issues and
employment—Advisory subcommittee—Rules. (Expires
December 31, 2009.) (1) No less frequently than once each
year, the governor’s committee on disability issues and
employment shall determine whether entities seeking to qualify as vendors in good standing, pursuant to this section and
RCW 43.19.531, have achieved, or continue to work towards,
the goal of enhancing opportunities for persons of disabilities
to maximize their employment and career advancement, and
increase the number employed and their wages.
(2) In making the determination provided for in subsection (1) of this section, the governor’s committee on disability issues and employment shall appoint and, except in the
case of malfeasance or misfeasance, shall rely upon the conclusions of an advisory subcommittee consisting of: (a)
Three members chosen from among those current or former
clients of a community rehabilitation program who have
nominated themselves, at least one of whom must be a person
with a developmental disability; (b) one member chosen from
among those guardians, parents, or other relatives of a current
client or employee of a community rehabilitation program
who have nominated themselves; (c) one member chosen
from among those who have been nominated by a community
rehabilitation program; (d) one member chosen from among
those owners of a business owned and operated by persons
with disabilities who have nominated themselves; (e) one
member who is designated by the developmental disabilities
council; (f) one member who is a member of and selected by
the governor’s committee on disability issues and employment; (g) one member who is designated by the secretary of
50.40.065
[Title 50 RCW—page 81]
50.40.066
Title 50 RCW: Unemployment Compensation
the department of social and health services; and (h) one
member who is designated by the director of the department
of services for the blind.
(3) The advisory subcommittee appointed by the governor’s committee on disability issues and employment shall
conclude that entities seeking to qualify, pursuant to this section and RCW 43.19.531, as vendors in good standing, have
achieved, or continue to work towards, the goal of enhancing
opportunities for persons of disabilities to maximize their
employment and career advancement, and increase the number employed and their wages if, and only if, the entity provides reasonably conclusive evidence that, during the twelvemonth period immediately preceding the entity’s application,
at least one-half of the following measurement categories
applicable to the entity have been either achieved, pursuant to
rules established under subsection (4) of this section, or have
been improved as compared to the entity’s condition with
respect to that measurement category one year ago:
(a) The number of people with disabilities in the entity’s
total workforce who are working in integrated settings;
(b) The percentage of the people with disabilities in the
entity’s total workforce who are working in integrated settings;
(c) The number of people with disabilities in the entity’s
total workforce who are working in individual supported
employment settings;
(d) The percentage of the people with disabilities in the
entity’s total workforce who are working in individual supported employment settings;
(e) The number of people with disabilities in the entity’s
total workforce who, during the last twelve months, have
transitioned to less restrictive employment settings either
within the entity or with other community employers;
(f) The number of people with disabilities in the entity’s
total workforce who are earning at least the state minimum
wage;
(g) The percentage of the people with disabilities in the
entity’s total workforce who are earning at least the state minimum wage;
(h) The number of people with disabilities serving in
supervisory capacities within the entity;
(i) The percentage of supervisory positions within the
entity that are occupied by people with disabilities;
(j) The number of people with disabilities serving in an
ownership capacity or on the governing board of the entity;
(k) The ratio of the total amount paid by the entity in
wages, salaries, and related employment benefits to people
with disabilities, as compared to the amount paid by the
entity in wages, salaries, and related employment benefits
paid by the entity to persons without disabilities during the
previous year; and
(l) The percentage of people with disabilities in the
entity’s total workforce for whom the entity has developed a
reasonable, achievable, and written career plan.
(4) The commissioner shall consult with the advisory
subcommittee established in subsection (2) of this section to
develop and adopt rules establishing the measurement at
which it is deemed that the measurement categories identified
in subsection (3)(b), (d), (e), (g), (h), (j), (k), and (l) of this
section have been achieved.
[Title 50 RCW—page 82]
(5) This section expires December 31, 2009. [2005 c
204 § 6; 2003 c 136 § 7.]
50.40.066 Rules to implement RCW 50.40.065—Fees
authorized—Vendors in good standing account. (Expires
December 31, 2009.) (1) The commissioner is authorized to
adopt rules to implement RCW 50.40.065, including but not
limited to authority to establish (a) a nonrefundable application fee of not more than five hundred dollars to be paid by
each entity seeking to establish or renew qualification as a
vendor in good standing, pursuant to RCW 43.19.531 and
50.40.065; (b) a fee of not more than two percent of the face
amount of any contract awarded under chapter 136, Laws of
2003; or (c) both fees identified in (a) and (b) of this subsection.
(2) The fee or fees established pursuant to subsection (1)
of this section must set a level of revenue sufficient to recover
costs incurred by the department of general administration in
fulfilling the duties identified in RCW 43.19.531 and the
governor’s committee on disability issues and employment in
fulfilling the duties identified in RCW 50.40.065.
(3) The vendors in good standing account is created in
the custody of the state treasurer. All receipts from the fee or
fees established pursuant to subsection (1) of this section
must be deposited into the account. Expenditures from the
account may be used only for the purpose described in subsection (2) of this section. Expenditures from the account
may be authorized only upon the approval of both the director
of the department of general administration and the commissioner, or their respective designees. The account is subject
to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(4) This section expires December 31, 2009, and any
unencumbered funds remaining in the vendors in good standing account on that date shall revert to the general fund.
[2005 c 204 § 7; 2003 c 136 § 8.]
50.40.066
Chapter 50.44
Chapter 50.44 RCW
SPECIAL COVERAGE PROVISIONS
Sections
50.44.010
50.44.020
50.44.030
50.44.035
50.44.037
50.44.040
50.44.045
50.44.050
50.44.053
50.44.055
50.44.060
50.44.070
50.44.080
50.44.090
Religious, charitable, educational, or other nonprofit organizations—Exemption—Payments.
Instrumentalities of this state, other states, political subdivisions.
Political subdivisions, instrumentalities of this state and other
state.
Local government tax.
"Institution of higher education" defined.
Services excluded under "employment" for certain purposes.
Religious organizations—Exemption—Notification to
employee.
Benefits payable, terms and conditions—"Academic year"
defined.
"Reasonable assurance" defined—Presumption, employees of
educational institutions.
Finding—Intent—Reasonable assurance, application to
employees of educational institutions.
Nonprofit organization employees—Financing of benefits—
Election of payments in lieu of contributions.
Election to make payments in lieu of contributions—Bond or
deposit.
Construction—Compliance with federal unemployment tax
act, department of labor guidelines.
Construction—Mandatory coverage of employees of political
subdivision under 1977 ex.s. c 292.
Coverage of corporate officers: RCW 50.04.165.
(2008 Ed.)
Special Coverage Provisions
50.44.010 Religious, charitable, educational, or other
nonprofit organizations—Exemption—Payments. Services performed subsequent to December 31, 1971, by an
individual in the employ of a religious, charitable, educational or other organization which is excluded from the term
"employment" as defined in the federal unemployment tax
act solely by reason of section 3306(c)(8) of that act shall be
deemed services performed in employment unless such service is exempted under RCW 50.44.040.
Such organization shall make payments to the unemployment compensation fund based on such services in
accordance with the provisions of RCW 50.44.060. [1971 c
3 § 18.]
50.44.010
50.44.020 Instrumentalities of this state, other states,
political subdivisions. Commencing with benefit years
beginning on or after January 28, 1971, services performed
subsequent to September 30, 1969 in the employ of this state
or any of its wholly owned instrumentalities or jointly owned
instrumentalities of this state and another state or this state
and one or more of its political subdivisions shall be deemed
services in employment unless such services are excluded
from the term employment by RCW 50.44.040.
The state shall make payments in lieu of contributions
with respect to benefits attributable to such employment as
provided with respect to nonprofit organizations in subsections (2) and (3) of RCW 50.44.060: PROVIDED, HOWEVER, That for weeks of unemployment beginning after January 1, 1979, the state shall pay in addition to the full amount
of regular and additional benefits so attributable the full
amount of extended benefits so attributable: PROVIDED,
FURTHER, That no payment will be required from the state
until the expiration of the twelve-month period following the
end of the biennium in which the benefits attributable to such
employment were paid. The amount of this payment shall
include an amount equal to the amount of interest that would
have been realized for the benefit of the unemployment compensation trust fund had such payments been received within
thirty days after the day of the quarterly billing provided for
in RCW 50.44.060(2)(a). [1977 ex.s. c 292 § 13; 1971 c 3 §
19.]
50.44.020
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.030 Political subdivisions, instrumentalities of
this state and other state. (1) All services performed for any
political subdivision or instrumentality of one or more political subdivisions of this state or one or more political subdivisions of this state and any other state after December 31,
1977, will be deemed to be services in employment to the
extent coverage is not exempted under RCW 50.44.040.
(2) All such units of government shall file, before
December 15, 1977, a written registration with the commissioner of the employment security department. Such registration shall specify the manner in which the unit of government
will finance the payment of benefits. The elections available
to counties, cities and towns are the local government tax,
provided for in RCW 50.44.035, or payment in lieu of contributions, as described in RCW 50.44.060. The elections available to other units of government are the contributions plan in
chapters 50.24 and 50.29 RCW, or payments in lieu of contri50.44.030
(2008 Ed.)
50.44.035
butions, described in RCW 50.44.060. Under any election the
governmental unit will be charged the full amount of regular,
additional, and extended benefits attributable to its account.
(3) A unit of government may switch from its current
method of financing the payment of benefits by electing any
other method which it would be authorized to select pursuant
to the terms of subsection (2) of this section. Notification of
such election must be filed with the commissioner no less
than thirty days prior to the taxable year for which the new
method of financing the payment of benefits is to be effective. An election under this section shall remain in effect for
no less than two taxable years.
(4) Any political subdivision or instrumentality of more
than one political subdivision of this state is hereby authorized to enter into agreements with other political subdivisions or instrumentalities of more than one political subdivision of this state to form pool accounts for the purpose of
making payments in lieu of contributions. These accounts
shall be formed and administered in accordance with applicable regulations. The formation of such accounts shall not
relieve the governmental unit of the responsibility for making
required payments in the event that the pool account does not
make the payments. [1981 c 35 § 11; 1977 ex.s. c 292 § 14;
1972 ex.s. c 35 § 2; 1971 c 3 § 20.]
Severability—1981 c 35: See note following RCW 50.22.030.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.035 Local government tax. (1) Any county, city,
or town not electing to make payments in lieu of contributions shall pay a "local government tax." Taxes paid under
this section shall be paid into an administratively identifiable
account in the unemployment compensation fund. This
account shall be self-sustaining. For calendar years 1978 and
1979 all such employers shall pay local government tax at the
rate of one and one-quarter percent of all remuneration paid
by the governmental unit for services in its employment. For
each year after 1979 each such employer’s rate of tax shall be
determined in accordance with this section: PROVIDED,
HOWEVER, That whenever it appears to the commissioner
that the anticipated benefit payments from the account would
jeopardize reasonable reserves in this identifiable account the
commissioner may at the commencement of any calendar
quarter, impose an emergency excess tax of not more than
one percent of remuneration paid by the participating governmental units which "excess tax" shall be paid in addition to
the applicable rate computed pursuant to this section until the
calendar year following the next September 1st.
(2) A reserve account shall be established for each such
employer.
(a) The "reserve account" of each such employer shall be
credited with tax amounts paid and shall be charged with benefit amounts charged in accordance with the formula set forth
in RCW 50.44.060 as now or hereafter amended except that
such employer’s account shall be charged for the full amount
of extended benefits so attributable for weeks of unemployment commencing after January 1, 1979. Such credits and
charges shall be cumulative from January 1, 1978.
(b) After the cutoff date, the "reserve ratio" of each such
employer shall be computed by dividing its reserve account
balance as of the computation date by the total remuneration
50.44.035
[Title 50 RCW—page 83]
50.44.037
Title 50 RCW: Unemployment Compensation
paid during the preceding calendar year for services in its
employment. This division shall be carried to four decimal
places, with the remaining fraction, if any, disregarded.
(3) A "benefit cost ratio" for each such employer shall be
computed by dividing its total benefit charges during the
thirty-six months ending on June 30th by its total remuneration during the three preceding calendar years: PROVIDED,
That after August 31st in 1979 each employer’s total benefit
charges for the twelve months ending on June 30th shall be
divided by its total remuneration paid in the last three quarters of calendar year 1978; and after August 31st in 1980 each
employer’s total benefit charges for the twenty-four months
ending June 30th shall be divided by its total remuneration
paid in the last three calendar quarters of 1978 and the four
calendar quarters of 1979. Such computations shall be carried
to four decimal places, with the remaining fraction, if any,
disregarded.
(4) For each such employer its benefit cost ratio shall be
subtracted from its reserve ratio. One-third of the resulting
amount shall be subtracted from its benefit cost ratio. The
resulting figure, expressed as a percentage and rounded to the
nearest tenth of one percent, shall become its local government tax rate for the following rate year. For the rate year
1980 no tax rate shall be less than 0.6 percent nor more than
2.2 percent. For 1981 no tax rate shall be less than 0.4 percent
nor more than 2.6 percent. For years after 1981 no tax rate
shall be less than 0.2 percent or more than 3.0 percent. No
individual rate shall be increased any more than 1.0 percent
from one rate year to the next.
(5) Any county, city, or town electing participation under
this section at any time after December 15, 1977, shall be
assigned a tax rate of one and one-quarter percent of total
remuneration for the first eight quarters of the participation.
(6) "Local government tax" shall be deemed to be "contributions" to the extent that such usage is consistent with the
purposes of this title. Such construction shall include but not
be limited to those portions of this title and the rules enacted
pursuant thereto dealing with assessments, interest, penalties,
liens, collection procedures and remedies, administrative and
judicial review, and the imposition of administrative, civil,
and criminal sanctions. [1998 c 245 § 100; 1983 1st ex.s. c 23
§ 22; 1977 ex.s. c 292 § 15.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.037 "Institution of higher education" defined.
For the purposes of this chapter, the term "institution of
higher education" means an educational institution in this
state which:
(1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(2) Is legally authorized within this state to provide a
program of education beyond high school;
(3) Provides an educational program for which it awards
a bachelor’s or higher degree, or provides a program which is
acceptable for full credit toward such a degree, or offers a
program of training to prepare students for gainful employment in a recognized occupation; and
50.44.037
[Title 50 RCW—page 84]
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing subsections, all
colleges and universities in this state are "institutions of
higher education". [1977 ex.s. c 292 § 16.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.040 Services excluded under "employment"
for certain purposes. The term "employment" as used in
RCW 50.44.010, 50.44.020, and 50.44.030 shall not include
service performed:
(1) In the employ of (a) a church or convention or association of churches, or (b) an organization which is operated
primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or
convention or association of churches; however, the
employer shall notify its employees as required by RCW
50.44.045; or
(2) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by
such order; or
(3) In a facility conducted for the purpose of carrying out
a program of (a) rehabilitation for individuals whose earning
capacity is impaired by age or physical or mental deficiency
or injury, or (b) providing remunerative work for individuals
who because of their impaired physical or mental capacity
cannot be readily absorbed in the competitive labor market,
by an individual receiving such rehabilitation or remunerative work; or
(4) As part of an unemployment work-relief or worktraining program assisted or financed in whole or in part by a
federal agency or an agency of a state or political subdivision
thereof, by an individual receiving such work-relief or worktraining; or
(5) For a custodial or penal institution by an inmate of
the custodial or penal institution; or
(6) In the employ of a hospital, if such service is performed by a patient of such hospital; or
(7) In the employ of a school, college, or university, if
such service is performed (a) by a student who is enrolled and
is regularly attending classes at such school, college, or university, or (b) by the spouse of such a student, if such spouse
is advised, at the time such spouse commences to perform
such service, that (i) the employment of such spouse to perform such service is provided under a program to provide
financial assistance to such student by such school, college,
or university, and (ii) such employment will not be covered
by any program of unemployment insurance; or
(8) By an individual under the age of twenty-two who is
enrolled at a nonprofit or public educational institution which
normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried
on as a student in a full time program, taken for credit at such
institution, which combines academic instruction with work
experience, if such service is an integral part of such program, and such institution has so certified to the employee,
except that this subsection shall not apply to service performed in a program established for or on behalf of an
employer or group of employers; or
50.44.040
(2008 Ed.)
Special Coverage Provisions
(9) In the employ of a nongovernmental preschool which
is devoted exclusively to the area of child development training of preschool age children through an established curriculum of formal classroom or laboratory instruction which did
not employ four or more individuals on each of some twenty
days during the calendar year or the preceding calendar year,
each day being in a different calendar week; or
(10) In the employ of the state or any of its instrumentalities or political subdivisions of this state in any of its instrumentalities by an individual in the exercise of duties:
(a) As an elected official;
(b) As a member of the national guard or air national
guard; or
(c) In a policymaking position the performance of the
duties of which ordinarily do not require more than eight
hours per week. [2007 c 386 § 1; 1977 ex.s. c 292 § 17; 1975
1st ex.s. c 67 § 1; 1975 c 4 § 1; 1973 c 73 § 9; 1971 c 3 § 21.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Exemption from unemployment compensation coverage
conservation corps members: RCW 43.220.170.
Washington service corps enrollees: RCW 50.65.120.
50.44.045 Religious organizations—Exemption—
Notification to employee. A church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or
convention or association of churches shall inform each individual performing services exempt from "employment"
under RCW 50.44.040(1) that the individual may not be eligible to receive unemployment benefits based on such services. The employer shall provide a written notice of this
exclusion to the individual at the time of hire. The employer
shall display a poster giving notice of this exclusion in a conspicuous place. The employer’s compliance with these
notice requirements shall not affect an individual’s eligibility
for benefits. The employment security department shall
make posters available to employers without charge. [2007 c
386 § 2.]
50.44.045
50.44.050 Benefits payable, terms and conditions—
"Academic year" defined. Except as otherwise provided in
subsections (1) through (4) of this section, benefits based on
services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same
conditions as compensation payable on the basis of other service subject to this title.
(1) Benefits based on any and all service in an instructional, research, or principal administrative capacity for any
and all educational institutions shall not be paid to an individual for any week of unemployment which commences during
the period between two successive academic years or
between two successive academic terms within an academic
year (or, when an agreement provides instead for a similar
period between two regular but not successive terms within
an academic year, during such period) if such individual performs such services in the first of such academic years or
terms and if there is a contract or reasonable assurance that
such individual will perform services in any such capacity for
50.44.050
(2008 Ed.)
50.44.050
any educational institution in the second of such academic
years or terms. Any employee of a common school district
who is presumed to be reemployed pursuant to RCW
28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) Benefits shall not be paid based on any and all services in any other capacity for any and all educational institutions for any week of unemployment which commences during the period between two successive academic years or
between two successive academic terms within an academic
year, if such individual performs such services in the first of
such academic years or terms and there is a reasonable assurance that such individual will perform such services in the
second of such academic years or terms: PROVIDED, That
if benefits are denied to any individual under this subsection
and that individual was not offered an opportunity to perform
such services for the educational institution for the second of
such academic years or terms, the individual is entitled to a
retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.
(3) Benefits shall not be paid based on any services
described in subsections (1) and (2) of this section for any
week of unemployment which commences during an established and customary vacation period or holiday recess if
such individual performs such services for any educational
institution in the period immediately before such vacation
period or holiday recess, and there is a reasonable assurance
that such individual will perform such services for any educational institution in the period immediately following such
vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections
(1), (2), or (3) of this section) based on any services described
in subsections (1) or (2) of this section to any individual who
performed such services in any educational institution while
in the employ of an educational service district which is
established pursuant to chapter 28A.310 RCW and exists to
provide services to local school districts.
(5) As used in this section, "academic year" means: Fall,
winter, spring, and summer quarters or comparable semesters
unless, based upon objective criteria including enrollment
and staffing, the quarter or comparable semester is not in fact
a part of the academic year for the particular institution.
[2001 c 100 § 2; 1998 c 233 § 2; 1995 c 296 § 2; 1990 c 33 §
587; 1984 c 140 § 2; 1983 1st ex.s. c 23 § 23; 1981 c 35 § 12;
1980 c 74 § 2; 1977 ex.s. c 292 § 18; 1975 1st ex.s. c 228 §
17; 1973 c 73 § 10; 1971 c 3 § 22.]
Intent—Findings—2001 c 100: "It is the intent of the legislature to
clarify requirements related to the use of base year hours and wages for certain employees at educational institutions, for the purpose of determining eligibility for unemployment insurance benefits.
The legislature finds that, unless clarified, Washington’s unemployment compensation law may be out of conformity with the federal unemployment tax act, which poses a significant economic risk to the state’s private employers, the state’s general fund, and to the administration of the
state’s unemployment insurance system. It is the intent of the legislature to
change Washington’s unemployment law only to the extent necessary to
ensure it conforms with federal law governing the use of base year hours and
wages earned at educational institutions.
The legislature finds that the United States department of labor will
rely on state law and its application as interpreted in state court decisions,
especially Pechman v. Employment Security, to determine if Washington
state law conforms to federal guidelines in this area. Therefore, it is the intent
of the legislature to clearly communicate to the courts that the purpose for the
[Title 50 RCW—page 85]
50.44.053
Title 50 RCW: Unemployment Compensation
section 2, chapter 100, Laws of 2001 amendment to RCW 50.44.050 is to
interpret state law in a manner that conforms to federal guidelines.
The legislature finds that federal law requires that school hours and
wages in the base year must be restricted from use to establish eligibility for
an unemployment compensation claim for employees of educational institutions during specified times. Further, federal law specifies that when
required to restrict base year school hours and wages, it must be any and all
hours and wages from any and all educational institutions, not just the hours
and wages from institutions where there is a reasonable assurance of returning to work following a customary nonwork period. Therefore, it is the intent
of the legislature to restrict hours worked and wages earned as required by
federal law.
Customary nonwork periods for educational institutions include:
(1) The period between two successive academic years;
(2) The period between two successive academic terms within an academic year;
(3) A similar period between two regular but not successive terms
within an academic year; or
(4) An established and customary vacation period or holiday recess.
Restricted use of base year hours and wages from educational institutions shall occur only in the circumstances described in RCW 50.44.050 (as
amended by chapter 100, Laws of 2001) and in RCW 50.44.053, and as further defined in rules promulgated by the employment security department."
[2001 c 100 § 1.]
of federal unemployment tax credits to employers in this state." [1998 c 233
§ 5.]
Conflict with federal requirements—2001 c 100: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2001 c 100
§ 3.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective date—2001 c 100: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 100 § 4.]
Intent—Findings—1998 c 233: "It is the intent of the legislature to
clarify requirements related to unemployment compensation for employees
at educational institutions.
The legislature finds that, unless clarified, Washington’s unemployment compensation law may be out of conformity with the federal unemployment tax act, which finding poses a significant economic risk to the
state’s private employers and to the administration of the state’s unemployment insurance system. It is the intent of the legislature, by the 1998, chapter
233 amendments to RCW 50.44.050 and 50.44.053, to bring Washington’s
unemployment compensation law into conformity with federal law in these
areas of concern.
The legislature finds that some instructional staff at the state’s educational institutions receive an appointment of employment for an indefinite
period while others may face circumstances that do not provide a reasonable
expectation of employment during an ensuing academic year or term.
Therefore, it is the intent of the legislature that the employment security department continue to make determinations of educational employees’
eligibility for unemployment compensation for the period between academic
years or terms based on a finding of reasonable assurance that the employee
will have employment for the ensuing academic year or term and that the
determination in each employee’s case is made on an individual basis, consistent with federal guidelines. This determination must take into consideration contingencies that may exist in fact in an individual case. The 1998,
chapter 233 amendment to RCW 50.44.053 is not intended to change the
practice used by the employment security department when determining reasonable assurance. If, during fact-finding, there is a disagreement about
whether an individual has reasonable assurance, the educational institution
must provide documentation that reasonable assurance exists for that individual." [1998 c 233 § 1.]
Conflict with federal requirements—1998 c 233: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
[Title 50 RCW—page 86]
Effective date—1998 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 1998]." [1998 c 233 § 6.]
Severability—Conflict with federal requirements—Effective date—
1995 c 296: See notes following RCW 50.04.320.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—Applicability—1984 c 140: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect immediately [March 7, 1984]. This act shall apply to weeks of unemployment beginning on or after April 1, 1984." [1984 c 140 § 3.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
Severability—Effective dates—1980 c 74: See notes following RCW
50.04.323.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.44.053 "Reasonable assurance" defined—Presumption, employees of educational institutions. (1) The
term "reasonable assurance," as used in RCW 50.44.050,
means a written, verbal, or implied agreement that the
employee will perform services in the same capacity during
the ensuing academic year or term as in the first academic
year or term. A person shall not be deemed to be performing
services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in
the ensuing year as in the first academic year or term.
(2) An individual who is tenured or holds tenure track
status is considered to have reasonable assurance, unless
advised otherwise by the college. For the purposes of this
section, tenure track status means a probationary faculty
employee having an opportunity to be reviewed for tenure.
(3) In the case of community and technical colleges
assigned the standard industrial classification code 8222 or
the North American industry classification system code
611210 for services performed in a principal administrative,
research, or instructional capacity, a person is presumed not
to have reasonable assurance under an offer that is conditioned on enrollment, funding, or program changes. It is the
college’s burden to provide sufficient documentation to overcome this presumption. Reasonable assurance must be determined on a case-by-case basis by the total weight of evidence
rather than the existence of any one factor. Primary weight
must be given to the contingent nature of an offer of employment based on enrollment, funding, and program changes.
[2001 c 99 § 2; 1998 c 233 § 3; 1995 c 296 § 3; 1985 ex.s. c
5 § 9.]
50.44.053
Conflict with federal requirements—2001 c 99: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
(2008 Ed.)
Special Coverage Provisions
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2001 c 99
§ 4.]
Severability—2001 c 99: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 99 § 5.]
Applicability—2001 c 99: "This act applies to weeks that begin after
March 31, 2001." [2001 c 99 § 6.]
Effective date—2001 c 99: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 99 § 7.]
Intent—Findings—Conflict with federal requirements—Effective
date—1998 c 233: See notes following RCW 50.44.050.
Severability—Conflict with federal requirements—Effective date—
1995 c 296: See notes following RCW 50.04.320.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.44.055 Finding—Intent—Reasonable assurance,
application to employees of educational institutions. The
legislature finds the interests of the state and its citizens are
best served by a strong community and technical college system. As described by their establishing legislation, these
two-year institutions are an independent, unique, and vital
section of our state’s higher education system, separate from
both the common school system and other institutions of
higher education. Paramount to that system’s success is the
attraction and retention of qualified instructors. In order to
attract and retain instructors, those who are subject to uncertainties of employment must be provided assurance their economic needs are addressed. Over time, a change in hiring patterns has occurred, and for the last decade a substantial portion of community and technical college faculty are hired on
a contingent, as needed, basis. That contingent nature distinguishes them from the more stable, majority employment
found in the common school system and in the other institutions of higher education. Contingent assurances of future
employment are often speculative and do not rise to the level
of other forms of assurance. As such, assurances conditioned
on forecast enrollment, funding, or program decisions are
typically not reasonable assurances of employment.
It is the intent of the legislature that reasonable assurance
continue to apply to all employees of educational institutions
as required by federal provisions and RCW 50.44.080. [2001
c 99 § 1.]
50.44.055
Conflict with federal requirements—Severability—Applicability—
Effective date—2001 c 99: See notes following RCW 50.44.053.
50.44.060 Nonprofit organization employees—
Financing of benefits—Election of payments in lieu of
contributions. Benefits paid to employees of "nonprofit
organizations" shall be financed in accordance with the provisions of this section. For the purpose of this section and
RCW 50.44.070, the term "nonprofit organization" is limited
to those organizations described in RCW 50.44.010, and joint
accounts composed exclusively of such organizations.
(1) Any nonprofit organization which is, or becomes
subject to this title on or after January 1, 1972 shall pay contributions under the provisions of RCW 50.24.010 and chapter 50.29 RCW, unless it elects, in accordance with this subsection, to pay to the commissioner for the unemployment
50.44.060
(2008 Ed.)
50.44.060
compensation fund an amount equal to the full amount of regular and additional benefits and one-half of the amount of
extended benefits paid to individuals for weeks of unemployment that are based upon wages paid or payable during the
effective period of such election to the extent that such payments are attributable to service in the employ of such nonprofit organization.
(a) Any nonprofit organization which becomes subject to
this title after January 1, 1972 may elect to become liable for
payments in lieu of contributions for a period of not less than
twelve months beginning with the date on which such subjectivity begins by filing a written notice of its election with the
commissioner not later than thirty days immediately following the date of the determination of such subjectivity.
(b) Any nonprofit organization which makes an election
in accordance with paragraph (a) of this subsection will continue to be liable for payments in lieu of contributions until it
files with the commissioner a written notice terminating its
election not later than thirty days prior to the beginning of the
taxable year for which such termination shall first be effective.
(c) Any nonprofit organization which has been paying
contributions under this title for a period subsequent to January 1, 1972 may change to a reimbursable basis by filing with
the commissioner not later than thirty days prior to the beginning of any taxable year a written notice of election to
become liable for payments in lieu of contributions. Such
election shall not be terminable by the organization for that
and the next year.
(d) The commissioner may for good cause extend the
period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid
after December 31, 1969.
(e) The commissioner, in accordance with such regulations as the commissioner may prescribe, shall notify each
nonprofit organization of any determination which the commissioner may make of its status as an employer and of the
effective date of any election which it makes and of any termination of such election. Any nonprofit organization subject
to such determination and dissatisfied with such determination may file a request for review and redetermination with
the commissioner within thirty days of the mailing of the
determination to the organization. Should such request for
review and redetermination be denied, the organization may,
within ten days of the mailing of such notice of denial, file
with the appeal tribunal a petition for hearing which shall be
heard in the same manner as a petition for denial of refund.
The appellate procedure prescribed by this title for further
appeal shall apply to all denials of review and redetermination under this paragraph.
(2) Payments in lieu of contributions shall be made in
accordance with the provisions of this section including
either paragraph (a) or (b) of this subsection.
(a) At the end of each calendar quarter, the commissioner
shall bill each nonprofit organization or group of such organizations which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular
and additional benefits plus one-half of the amount of
extended benefits paid during such quarter that is attributable
to service in the employ of such organization.
[Title 50 RCW—page 87]
50.44.070
Title 50 RCW: Unemployment Compensation
(b)(i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to
make such payments as provided in this paragraph. Such
method of payment shall become effective upon approval by
the commissioner.
(ii) At the end of each calendar quarter, or at the end of
such other period as determined by the commissioner, the
commissioner shall bill each nonprofit organization for an
amount representing one of the following:
(A) The percentage of its total payroll for the immediately preceding calendar year as the commissioner shall
determine. Such determination shall be based each year on
the average benefit costs attributable to service in the employ
of nonprofit organizations during the preceding calendar
year.
(B) For any organization which did not pay wages
throughout the four calendar quarters of the preceding calendar year, such percentage of its payroll during such year as
the commissioner shall determine.
(iii) At the end of each taxable year, the commissioner
may modify the quarterly percentage of payroll thereafter
payable by the nonprofit organization in order to minimize
excess or insufficient payments.
(iv) At the end of each taxable year, the commissioner
shall determine whether the total of payments for such year
made by a nonprofit organization is less than, or in excess of,
the total amount of regular and additional benefits plus onehalf of the amount of extended benefits paid to individuals
during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the
amount so determined shall be liable for payment of the
unpaid balance to the fund in accordance with paragraph (c).
If the total payments exceed the amount so determined for the
taxable year, all of the excess payments will be retained in the
fund as part of the payments which may be required for the
next taxable year, or a part of the excess may, at the discretion
of the commissioner, be refunded from the fund or retained in
the fund as part of the payments which may be required for
the next taxable year.
(c) Payment of any bill rendered under paragraph (a) or
(b) shall be made not later than thirty days after such bill was
mailed to the last known address of the nonprofit organization or was otherwise delivered to it, and if not paid within
such thirty days, the reimbursement payments itemized in the
bill shall be deemed to be delinquent and the whole or part
thereof remaining unpaid shall bear interest and penalties
from and after the end of such thirty days at the rate and in the
manner set forth in RCW 50.12.220 and 50.24.040.
(d) Payments made by any nonprofit organization under
the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals
in the employ of the organization. Any deduction in violation
of the provisions of this paragraph shall be unlawful.
(3) Each employer that is liable for payments in lieu of
contributions shall pay to the commissioner for the fund the
total amount of regular and additional benefits plus the
amount of one-half of extended benefits paid that are attributable to service in the employ of such employer. If benefits
paid to an individual are based on wages paid by more than
one employer and one or more of such employers are liable
[Title 50 RCW—page 88]
for payments in lieu of contributions, the amount payable to
the fund by each employer that is liable for such payments
shall be determined in accordance with the provisions of
paragraphs (a) and (b) of this subsection.
(a) If benefits paid to an individual are based on wages
paid by one or more employers that are liable for payments in
lieu of contributions and on wages paid by one or more
employers who are liable for contributions, the amount of
benefits payable by each employer that is liable for payments
in lieu of contributions shall be an amount which bears the
same ratio to the total benefits paid to the individual as the
total base-period wages paid to the individual by such
employer bear to the total base-period wages paid to the individual by all of his base-period employers.
(b) If benefits paid to an individual are based on wages
paid by two or more employers that are liable for payments in
lieu of contributions, the amount of benefits payable by each
such employer shall be an amount which bears the same ratio
to the total benefits paid to the individual as the total baseperiod wages paid to the individual by such employer bear to
the total base-period wages paid to the individual by all of his
base-period employers. [1990 c 245 § 9; 1983 1st ex.s. c 23
§ 24; 1977 ex.s. c 292 § 19; 1971 c 3 § 23.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.070 Election to make payments in lieu of contributions—Bond or deposit. In the discretion of the commissioner, any nonprofit organization that elects to become
liable for payments in lieu of contributions shall be required
within thirty days after the effective date of its election, to
execute and file with the commissioner a surety bond
approved by the commissioner or it may elect instead to
deposit with the commissioner money or securities. The
amount of such bond or deposit shall be determined in accordance with the provisions of this section.
(1) The amount of the bond or deposit required by this
subsection shall be an amount deemed by the commissioner
to be sufficient to cover any reimbursement payments which
may be required from the employer attributable to employment during any year for which the election is in effect but in
no event shall such amount be in excess of the amount which
said employer would pay for such year if he were subject to
the contribution provisions of this title. The determination
made pursuant to this subsection shall be based on payroll
information, employment experience, and such other factors
as the commissioner deems pertinent.
(2) Any bond deposited under this section shall be in
force for a period of not less than two taxable years and shall
be renewed with the approval of the commissioner, at such
times as the commissioner may prescribe, but not less frequently than at two-year intervals as long as the organization
continues to be liable for payments in lieu of contributions.
The commissioner shall require adjustments to be made in a
previously filed bond as he deems appropriate. If the bond is
to be increased, the adjusted bond shall be filed by the organization within thirty days of the date notice of the required
50.44.070
(2008 Ed.)
Indian Tribes
Chapter 50.50
adjustment was mailed or otherwise delivered to it. Failure by
any organization covered by such bond to pay the full amount
of payments in lieu of contributions when due, together with
any applicable interest and penalties provided for in this title,
shall render the surety liable on said bond to the extent of the
bond, as though the surety was such organization.
(3) Any deposit of money or securities in accordance
with this section shall be retained by the commissioner in an
escrow account until liability under the election is terminated,
at which time it shall be returned to the organization, less any
deductions as hereinafter provided. The commissioner may
deduct from the money deposited under this section by a nonprofit organization or sell the securities it has so deposited to
the extent necessary to satisfy any due and unpaid payments
in lieu of contributions and any applicable interest and penalties provided for in this act. The commissioner shall require
the organization within thirty days following any deduction
from a money deposit or sale of deposited securities under the
provisions of this subsection to deposit sufficient additional
money or securities to make whole the organization’s deposit
at the prior level. Any cash remaining from the sale of such
securities shall be a part of the organization’s escrow
account. The commissioner may, at any time review the adequacy of the deposit made by any organization. If, as a result
of such review, he determines that an adjustment is necessary
he shall require the organization to make an additional
deposit within thirty days of written notice of his determination or shall return to it such portion of the deposit as he no
longer considers necessary, whichever action is appropriate.
Disposition of income from securities held in escrow shall be
governed by the applicable provisions of the state law.
(4) If any nonprofit organization fails to file a bond or
make a deposit, or to file a bond in an increased amount or to
increase or make whole the amount of a previously made
deposit, as provided under this section, the commissioner
may terminate such organization’s election to make payments in lieu of contributions and such termination shall continue for not less than the four-consecutive-calendar-quarter
period beginning with the quarter in which termination
becomes effective: PROVIDED, That the commissioner
may extend for good cause the applicable filing, deposit or
adjustment period by not more than thirty days. [1973 c 73 §
11; 1971 c 3 § 24.]
50.44.090 Construction—Mandatory coverage of
employees of political subdivision under 1977 ex.s. c 292.
(1) The provisions of chapter 292, Laws of 1977 ex. sess.
mandating coverage of employees of political subdivisions
have been enacted to comply with the provisions of Public
Law 94-566. Therefore, as provided in subsection (2), this
mandatory feature shall be contingent on the existence of
valid and constitutional federal law requiring the Secretary of
Labor to refuse to certify as approved the employment security laws of this state if such laws did not continue such mandatory coverage.
(2) In the event the mandatory coverage feature for political subdivisions ceases to be necessary for compliance with
valid and constitutional federal law, then the mandatory feature of chapter 292, Laws of 1977 ex. sess. shall cease to be
effective as of the end of the next quarter following the quarter in which the mandatory feature contained in chapter 292,
Laws of 1977 ex. sess. is not necessary for such compliance.
(3) In the event mandatory coverage ceases to be effective pursuant to subsection (2), then the sections, or subsections as the case may be, of chapter 292, Laws of 1977 ex.
sess. shall to the extent that they apply to coverage of
employees of political subdivisions be deemed nullified and
the language of the sections being amended shall be deemed
reinstated as the laws of this state.
(4) Benefits paid based on the services covered during
the effective life of the mandatory coverage feature shall be
financed as follows:
(a) If the political subdivision was financing payment of
benefits on a reimbursable basis, benefits attributable to
employment with the political subdivision shall be assessed
to and paid by the political subdivision;
(b) If the political subdivision is a county, city, or town
which elected financing pursuant to RCW 50.44.035, such
political subdivision will pay "the local government tax" for
all earnings by employees through the end of the calendar
quarter in which the mandatory coverage is no longer effective pursuant to subsection (2);
(c) If the political subdivision was financing benefits by
the contribution method it will pay contributions on wages
earned by its employees through the end of the calendar quarter in which mandatory coverage is no longer effective pursuant to subsection (2). [1977 ex.s. c 292 § 23.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.080 Construction—Compliance with federal
unemployment tax act, department of labor guidelines. In
view of the importance of compliance of this chapter with the
federal unemployment tax act, any ambiguities contained
herein should be resolved in a manner consistent with the
provisions of that act. Department of labor guidelines implementing chapter 99, Laws of 2001 should be referred to when
interpreting the provisions of this chapter.
Language in this chapter concerning the extension of
coverage to employers entitled to make payments in lieu of
contributions should, in a manner consistent with the foregoing paragraph, be construed so as to have a minimum financial impact on the employers subject to the experience rating
provisions of this title. [2001 c 99 § 3; 1971 c 3 § 25.]
50.44.090
50.44.080
Conflict with federal requirements—Severability—Applicability—
Effective date—2001 c 99: See notes following RCW 50.44.053.
(2008 Ed.)
Chapter 50.50
Chapter 50.50 RCW
INDIAN TRIBES
Sections
50.50.010
50.50.020
50.50.030
50.50.040
50.50.050
50.50.060
50.50.070
50.50.900
50.50.901
50.50.902
50.50.903
Employment.
Benefits—Generally.
Contributions—Election of payments in lieu of contributions.
Option to make payments in lieu of contributions—Revocation—Reinstatement—Notices.
Notices—Contents.
Extended benefits—Financing by Indian tribe.
Indian tribes subject to same terms and conditions as other
employers.
Conflict with federal requirements—2001 1st sp.s. c 11.
Severability—2001 1st sp.s. c 11.
Effective date—2001 1st sp.s. c 11.
Retroactive application—2001 1st sp.s. c 11.
[Title 50 RCW—page 89]
50.50.010
Title 50 RCW: Unemployment Compensation
50.50.010 Employment. The term "employment"
includes service performed in the employ of an Indian tribe,
as defined in section 3306(u) of the federal unemployment
tax act, provided such service is excluded from "employment" as defined in the federal unemployment tax act solely
by reason of section 3306(c)(7), the federal unemployment
tax act, and is not otherwise excluded from "employment"
under this title. For purposes of this section, the exclusions
from employment in RCW 50.44.040, except *RCW
50.44.040(12) addressing nongovernmental preschools, are
applicable to services performed in the employ of an Indian
tribe. [2001 1st sp.s. c 11 § 3.]
50.50.010
*Reviser’s note: RCW 50.44.040 was amended by 2007 c 386 § 1,
changing subsection (12) to subsection (9).
50.50.020 Benefits—Generally. Benefits based on service in employment defined in this chapter are payable in the
same amount, on the same terms, and subject to the same
conditions as benefits payable on the basis of other service
under this title. [2001 1st sp.s. c 11 § 4.]
50.50.020
50.50.030 Contributions—Election of payments in
lieu of contributions. (1) Indian tribes or tribal units, including subdivisions, subsidiaries, or business enterprises wholly
owned by such Indian tribes, subject to this title shall pay
contributions under the same terms and conditions as all
other subject employers, unless they elect to pay into the
unemployment compensation fund amounts equal to the
amount of benefits attributable to service in the employ of the
Indian tribe.
(2) Indian tribes electing to make payments in lieu of
contributions shall make such election in the same manner
and under the same conditions as provided in RCW
50.44.030 pertaining to other units of government subject to
this title. Indian tribes shall determine if reimbursement for
benefits paid are to be elected by the tribe as a whole, by individual tribal units, or by combinations of tribal units.
(3) Indian tribes or tribal units shall be billed for the full
amount of benefits attributable to service in the employ of the
Indian tribe or tribal unit on the same schedule as other
employing units that have elected to make payments in lieu of
contributions.
(4) At the discretion of the commissioner and on the
same basis as other employers with the same election option,
any Indian tribe or tribal unit that elects to become liable for
payments in lieu of contributions is required, within thirty
days after the effective date of its election, to: (a) Execute
and file with the commissioner a surety bond approved by the
commissioner; or (b) deposit with the commissioner money
or securities in an amount determined by the commissioner.
[2001 1st sp.s. c 11 § 5.]
50.50.030
50.50.040 Option to make payments in lieu of contributions—Revocation—Reinstatement—Notices. (1)(a)
The commissioner shall revoke the option for an Indian tribe
or tribal unit to make payments in lieu of contributions as
described in RCW 50.50.030 if the Indian tribe or tribal unit:
(i) Did not make payments, including assessments of interest
and penalties, required under this chapter within ninety days
of receipt of statement; or (ii) entered into an approved
agency deferred payment contract, and was not in compliance
50.50.040
[Title 50 RCW—page 90]
with the contract on the cutoff date, as authorized in chapter
50.29 RCW. The revocation shall begin on January 1 of the
first calendar year after the Indian tribe or tribal unit meets
these conditions, and shall continue until the option is reinstated as described in (b) of this subsection.
(b) The commissioner shall reinstate the option if, as of
the cutoff date, an Indian tribe or tribal unit whose option was
revoked as described in (a) of this subsection: (i) Paid contributions owed in the current calendar year when due; and (ii)
made required payments, including assessments of interest
and penalties, for any preceding calendar years. The reinstatement shall begin on January 1 of the first calendar year
after the Indian tribe or tribal unit satisfies these conditions.
(2)(a) Services performed for an Indian tribe or tribal
unit are not services in "employment" for purposes of RCW
50.04.265 and 50.50.010 if:
(i) The Indian tribe or tribal unit elected to make payments in lieu of contributions, had the option revoked, and
has not met the conditions for reinstatement of the option;
and
(ii) The Indian tribe or tribal unit either: (A) Did not
make required payments, including assessments of interest
and penalties, within one hundred eighty days of receipt of
statement; or (B) entered into an approved agency deferred
payment contract, and was not in compliance with the contract on the last day of the current calendar quarter.
This revocation of coverage shall begin on the first day
of the first calendar quarter after the Indian tribe or tribal unit
meets these conditions, and shall continue until coverage is
reinstated as described in (c) of this subsection.
(b) Services performed for an Indian tribe or tribal unit
are not services in "employment" for purposes of RCW
50.04.265 and 50.50.010 if:
(i) The Indian tribe or tribal unit is a contribution-paying
employer; and
(ii) The Indian tribe or tribal unit either: (A) Did not
make required payments, including assessments of interest
and penalties, within one hundred eighty days of receipt of
statement; or (B) entered into an approved agency deferred
payment contract, and was not in compliance with the contract on the last day of the current calendar quarter.
This revocation of coverage shall begin on the first day
of the first calendar quarter after the Indian tribe or tribal unit
meets these conditions, and shall continue until coverage is
reinstated as described in (c) of this subsection.
(c) The commissioner may reinstate coverage if the
Indian tribe or tribal unit has made required payments,
including assessments of interest and penalties. This reinstatement of coverage may begin on the first day of the first
calendar quarter after these payments are made.
(3)(a) The commissioner shall immediately notify the
United States internal revenue service and the United States
department of labor if an Indian tribe or tribal unit does not
make required payments, including assessments of interest
and penalties, within ninety days of receipt of statement.
(b) The commissioner shall immediately notify the
United States internal revenue service and the United States
department of labor of any revocation or reinstatement of the
option to make payments in lieu of contributions under subsection (1) of this section or any revocation or reinstatement
(2008 Ed.)
Shared Work Compensation Plans—Benefits
of coverage under subsection (2) of this section. [2001 1st
sp.s. c 11 § 6.]
50.50.050 Notices—Contents. Notices of payment and
reporting delinquency to Indian tribes or their tribal units
must include information that failure to make full payment
within the prescribed time frames: (1) Causes the Indian tribe
to be liable for taxes under the federal unemployment tax act;
(2) causes the Indian tribe to lose the option to make payments in lieu of contributions; and (3) causes the Indian tribe
to be excepted from the definition of "employing unit," as
provided in RCW 50.04.090, and services in the employ of
the Indian tribe, as provided in RCW 50.04.265 and
50.50.010, to be excepted from "employment." [2001 1st
sp.s. c 11 § 7.]
50.60.020
December 21, 2000, or a subsequent date. [2001 1st sp.s. c
11 § 13.]
50.50.050
Chapter 50.60
Chapter 50.60 RCW
SHARED WORK COMPENSATION
PLANS—BENEFITS
Sections
50.60.010
50.60.020
50.60.030
50.60.040
50.60.050
50.60.060
50.60.070
50.60.080
50.60.090
50.60.100
Legislative intent.
Definitions.
Compensation plan—Criteria for approval.
Compensation plan—Approval or rejection—Resubmission.
Approved plan—Misrepresentation—Penalties.
Approved plan—Effective date—Expiration.
Approved plan—Revocation—Review of plans.
Approved plan—Modification.
Shared work benefits—Eligibility.
Benefits—Weekly amount—Maximum entitlement—
Claims—Conditions.
Benefits—Charge to employers’ experience rating accounts.
Benefits—Exhaustee.
Title and rules to apply to shared work benefits—Conflict with
federal requirements.
Rules.
Effective date—1983 c 207.
50.50.060 Extended benefits—Financing by Indian
tribe. Extended benefits paid that are attributable to service
in the employ of an Indian tribe and not reimbursed by the
federal government must be financed in their entirety by such
Indian tribe. [2001 1st sp.s. c 11 § 8.]
50.60.110
50.60.120
50.60.900
50.50.070 Indian tribes subject to same terms and
conditions as other employers. Unless specifically
addressed in this chapter, Indian tribes or their tribal units are
subject to the same terms and conditions as are other employers subject to contributions under RCW 50.29.020 or other
units of government under RCW 50.44.030 that make payments in lieu of contributions. [2001 1st sp.s. c 11 § 9.]
50.60.010 Legislative intent. In order to provide an
economic climate conducive to the retention of skilled workers in industries adversely affected by general economic
downturns and to supplement depressed buying power of
employees affected by such downturns, the legislature finds
that the public interest would be served by the enactment of
laws providing greater flexibility in the payment of unemployment compensation benefits in situations where qualified
employers elect to retain employees at reduced hours rather
than instituting layoffs. [1983 c 207 § 1.]
50.50.060
50.50.070
50.50.900 Conflict with federal requirements—2001
1st sp.s. c 11. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the
extent of the conflict, and the finding or determination does
not affect the operation of the remainder of this act. Rules
adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to
employers in this state. [2001 1st sp.s. c 11 § 10.]
50.50.900
50.50.901 Severability—2001 1st sp.s. c 11. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2001 1st sp.s. c 11 § 11.]
50.50.901
50.50.902 Effective date—2001 1st sp.s. c 11. This act
is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 11, 2001]. [2001 1st sp.s. c 11 § 12.]
50.50.902
50.50.903 Retroactive application—2001 1st sp.s. c
11. This act applies retroactively to services performed on or
after December 21, 2000. Indian tribes or tribal units may
elect to make payments in lieu of contributions effective
50.50.903
(2008 Ed.)
50.60.901
50.60.902
50.60.010
50.60.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affected unit" means a specified plant, department,
shift, or other definable unit consisting of one or more
employees, to which an approved shared work compensation
plan applies.
(2) "Fringe benefits" include health insurance, retirement
benefits under benefit pension plans as defined in section
3(35) of the employee retirement income security act of
1974, paid vacation and holidays, and sick leave, which are
incidents of employment in addition to cash remuneration.
(3) "Shared work benefits" means the benefits payable to
employees in an affected unit under an approved shared work
compensation plan as distinguished from the benefits otherwise payable under this title.
(4) "Shared work compensation plan" means a plan of an
employer, or of an employers’ association, under which there
is a reduction in the number of hours worked by employees
rather than temporary layoffs.
(5) "Shared work employer" means an employer, one or
more of whose employees are covered by a shared work compensation plan.
(6) "Usual weekly hours of work" means the normal
number of hours of work for full-time employees in the
affected unit when that unit is operating on a full-time basis,
not to exceed forty hours and not including overtime.
50.60.020
[Title 50 RCW—page 91]
50.60.030
Title 50 RCW: Unemployment Compensation
(7) "Unemployment compensation" means the benefits
payable under this title other than shared work benefits and
includes any amounts payable pursuant to an agreement
under federal law providing for compensation, assistance, or
allowances with respect to unemployment.
(8) "Employers’ association" means an association
which is a party to a collective bargaining agreement under
which there is a shared work compensation plan. [1983 c 207
§ 2.]
50.60.030 Compensation plan—Criteria for
approval. An employer or employers’ association wishing
to participate in a shared work compensation program shall
submit a written and signed shared work compensation plan
to the commissioner for approval. The commissioner shall
approve a shared work compensation plan only if the following criteria are met:
(1) The plan identifies the affected units to which it
applies;
(2) An employee in an affected unit are identified by
name, social security number, and by any other information
required by the commissioner;
(3) The usual weekly hours of work for an employee in
an affected unit are reduced by not less than ten percent and
not more than fifty percent;
(4) Fringe benefits will continue to be provided on the
same basis as before the reduction in work hours. In no event
shall the level of health benefits be reduced due to a reduction
in hours;
(5) The plan certifies that the aggregate reduction in
work hours is in lieu of temporary layoffs which would have
affected at least ten percent of the employees in the affected
units to which the plan applies and which would have
resulted in an equivalent reduction in work hours;
(6) The plan applies to at least ten percent of the employees in the affected unit;
(7) The plan is approved in writing by the collective bargaining agent for each collective bargaining agreement covering any employee in the affected unit;
(8) The plan will not subsidize seasonal employers during the off season nor subsidize employers who have traditionally used part-time employees; and
(9) The employer agrees to furnish reports necessary for
the proper administration of the plan and to permit access by
the commissioner to all records necessary to verify the plan
before approval and after approval to evaluate the application
of the plan.
In addition to subsections (1) through (9) of this section,
the commissioner shall take into account any other factors
which may be pertinent. [1985 c 43 § 1; 1983 c 207 § 3.]
50.60.030
Conflict with federal requirements—1985 c 43: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1985 c 43 § 2.]
Severability—1985 c 43: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
[Title 50 RCW—page 92]
application of the provision to other persons or circumstances is not
affected." [1985 c 43 § 3.]
50.60.040 Compensation plan—Approval or rejection—Resubmission. The commissioner shall approve or
reject a shared work compensation plan in writing within fifteen days of its receipt. The reasons for the rejection shall be
final and nonappealable, but the rejection shall not prevent an
employer from submitting another plan for approval not earlier than fifteen days after the date of a previous written rejection. [1983 c 207 § 4.]
50.60.040
50.60.050 Approved plan—Misrepresentation—Penalties. If an approved plan or any representation for implementation of the plan is intentionally and substantially misleading or false, any individual who participated in any such
misrepresentation shall be subject to criminal prosecution as
well as personal liability for any amount of benefits deemed
by the commissioner to have been improperly paid from the
fund as a result thereof. This provision for personal liability is
in addition to any remedy against individual claimants for
collection of overpayment of benefits if such claimants participated in or were otherwise at fault in the overpayment.
[1983 c 207 § 5.]
50.60.050
50.60.060 Approved plan—Effective date—Expiration. A shared work compensation plan shall be effective on
the date specified in the plan or on the first day of the second
calendar week after the date of the commissioner’s approval,
whichever is later. The plan shall expire at the end of the
twelfth full calendar month after its effective date, or on the
date specified in the plan if that date is earlier, unless the plan
is revoked before that date by the commissioner. If a plan is
revoked by the commissioner, it shall terminate on the date
specified in the commissioner’s order of revocation. [1983 c
207 § 6.]
50.60.060
50.60.070 Approved plan—Revocation—Review of
plans. The commissioner may revoke approval of a shared
work compensation plan for good cause. The revocation
order shall be in writing and shall specify the date the revocation is effective and the reasons for the revocation. Good
cause for revocation shall include failure to comply with the
assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of
the plan, and violation of the criteria on which approval of the
plan was based.
Such action may be initiated at any time by the commissioner on his or her own motion, on the motion of any of the
affected unit employees, or on the motion of the appropriate
collective bargaining agents. The commissioner shall review
each plan at least once within the twelve month period the
plan is in effect to assure that it continues to meet the requirements of this chapter. [1983 c 207 § 7.]
50.60.070
50.60.080 Approved plan—Modification. An
approved shared work compensation plan in effect may be
modified with the approval of the commissioner. If the hours
of work are increased or decreased beyond the level in the
original plan, or any other condition is changed, the employer
50.60.080
(2008 Ed.)
Shared Work Compensation Plans—Benefits
shall promptly notify the commissioner. If the changes meet
the requirements for approval of a plan, the commissioner
shall approve the modifications. This approval shall not
change the expiration date of the original plan. If the modifications do not meet the requirements for approval, the commissioner shall revoke the plan as specified in RCW
50.60.060. [1983 c 207 § 8.]
50.60.090 Shared work benefits—Eligibility. An
individual is eligible to receive shared work benefits with
respect to any week only if, in addition to meeting the conditions of eligibility for other benefits under this title, the commissioner finds that:
(1) The individual was employed during that week as a
member of an affected unit under an approved shared work
compensation plan which was in effect for that week;
(2) The individual was able to work and was available
for additional hours of work and for full-time work with the
shared work employer; and
(3) Notwithstanding any other provision of this chapter,
an individual is deemed to have been unemployed in any
week for which remuneration is payable to him or her as an
employee in an affected unit for less than his or her normal
weekly hours of work as specified under the approved shared
work compensation plan in effect for that week. [1983 c 207
§ 9.]
50.60.090
50.60.902
pensation benefit amount reduced by the same percentage
that the combined hours are of the usual weekly hours of
work. A week for which benefits are paid under this subsection shall count as a week of shared work benefits;
(7) An individual who does not work during a week for
the shared work employer, and is otherwise eligible, shall be
paid his or her full weekly unemployment compensation benefit amount. Such a week shall not be counted as a week for
which shared work benefits were received;
(8) An individual who does not work for the shared work
employer during a week but works for another employer, and
is otherwise eligible, shall be paid benefits for that week
under the partial unemployment compensation provisions of
this title. Such a week shall not be counted as a week for
which shared work benefits were received. [1983 c 207 §
10.]
50.60.110 Benefits—Charge to employers’ experience rating accounts. Shared work benefits shall be charged
to employers’ experience rating accounts in the same manner
as other benefits under this title are charged. Employers liable
for payments in lieu of contributions shall have shared work
benefits attributed to their accounts in the same manner as
other benefits under this title are attributed. [1983 c 207 §
11.]
50.60.110
50.60.120 Benefits—Exhaustee. An individual who
has received all of the shared work benefits, or all of the combined unemployment compensation and shared work benefits, available in a benefit year shall be considered an
exhaustee for purposes of the extended benefits program
under chapter 50.22 RCW, and, if otherwise eligible under
that chapter, shall be eligible to receive extended benefits.
[1983 c 207 § 12.]
50.60.120
50.60.100 Benefits—Weekly amount—Maximum
entitlement—Claims—Conditions. (1) The shared work
weekly benefit amount shall be the product of the regular
weekly unemployment compensation benefit amount multiplied by the percentage of reduction in the individual’s usual
weekly hours of work;
(2) No individual is eligible in any benefit year for more
than the maximum entitlement established for benefits under
this title, including benefits under this chapter, nor may an
individual be paid shared work benefits for more than a total
of twenty-six weeks in any twelve-month period under a
shared work compensation plan;
(3) The shared work benefits paid an individual shall be
deducted from the total benefit amount established for that
individual’s benefit year;
(4) Claims for shared work benefits shall be filed in the
same manner as claims for other benefits under this title or as
prescribed by the commissioner by rule;
(5) Provisions otherwise applicable to unemployment
compensation claimants under this title apply to shared work
claimants to the extent that they are not inconsistent with this
chapter;
(6)(a) If an individual works in the same week for an
employer other than the shared work employer and his or her
combined hours of work for both employers are equal to or
greater than the usual weekly hours of work with the shared
work employer, the individual shall not be entitled to benefits
under this chapter or title;
(b) If an individual works in the same week for both the
shared work employer and another employer and his or her
combined hours of work for both employers are less than his
or her usual weekly hours of work, the benefit amount payable for that week shall be the weekly unemployment com50.60.100
(2008 Ed.)
50.60.900 Title and rules to apply to shared work
benefits—Conflict with federal requirements. Unless
inconsistent with or otherwise provided by this section, this
title and rules adopted under this title apply to shared work
benefits. To the extent permitted by federal law, those rules
may make such distinctions and requirements as may be necessary with respect to unemployed individuals to carry out
the purposes of this chapter, including rules defining usual
hours, days, work week, wages, and the duration of plans
adopted under this chapter. To the extent that any portion of
this chapter may be inconsistent with the requirements of federal law relating to the payment of unemployment insurance
benefits, the conflicting provisions or interpretations of this
chapter shall be deemed inoperative, but only to the extent of
the conflict. If the commissioner determines that such a conflict exists, a statement to that effect shall be filed with the
governor’s office for transmission to both houses of the legislature. [1983 c 207 § 13.]
50.60.900
50.60.901 Rules. The department shall adopt such rules
as are necessary to carry out the purposes of chapter 207,
Laws of 1983. [1998 c 245 § 101; 1983 c 207 § 14.]
50.60.901
50.60.902 Effective date—1983 c 207. This act is necessary for the immediate preservation of the public peace,
50.60.902
[Title 50 RCW—page 93]
Chapter 50.62
Title 50 RCW: Unemployment Compensation
health, and safety, the support of the state government and its
existing public institutions, and shall take effect with the
weeks beginning after July 31, 1983. [1983 c 207 § 16.]
Chapter 50.62 RCW
SPECIAL EMPLOYMENT ASSISTANCE
Chapter 50.62
Sections
50.62.010
50.62.020
50.62.030
50.62.040
Legislative findings.
Definitions.
Job service program or activity.
Annual report—Wage and benefit history.
50.62.010 Legislative findings. The legislature finds
and declares that:
(1) The number of persons unemployed in the state is
significantly above the national average.
(2) Persons who are unemployed represent a skilled
resource to the economy and the quality of life for all persons
in the state.
(3) There are jobs available in the state that can be filled
by unemployed persons.
(4) A public labor exchange can appreciably expedite the
employment of unemployed job seekers and filling employer
vacancies thereby contributing to the overall health of the
state and national economies.
(5) The Washington state job service of the employment
security department has provided a proven service of assisting persons to find employment for the past fifty years.
(6) Expediting the reemployment of unemployment
insurance claimants will reduce payment of claims drawn
from the state unemployment insurance trust fund.
(7) Increased emphasis on assisting in the reemployment
of claimants and monitoring claimants’ work search efforts
will positively impact employer tax rates resulting from the
recently enacted experience rating legislation, chapter 205,
Laws of 1984.
(8) Special employment service efforts are necessary to
adequately serve agricultural employers who have unique
needs in the type of workers, recruitment efforts, and the
urgency of obtaining sufficient workers.
(9) Study and research of issues related to employment
and unemployment provides economic information vital to
the decision-making process.
(10) Older workers and the long-term unemployed experience greater difficulty finding new employment at wages
comparable to their prelayoff earnings relative to all unemployment insurance claimants who return to work.
(11) After a layoff, older unemployed workers and the
long-term unemployed workers fail to find unemployment
insurance-covered employment at a much higher rate than
other groups of unemployment insurance claimants.
The legislature finds it necessary and in the public interest to have a program of job service to assist persons drawing
unemployment insurance claims to find employment, to provide employment assistance to the agricultural industry, and
to conduct research into issues related to employment and
unemployment. [1987 c 284 § 1; 1987 c 171 § 1; 1985 ex.s.
c 5 § 1.]
50.62.010
Reviser’s note: This section was amended by 1987 c 171 § 1 and by
1987 c 284 § 1, each without reference to the other. Both amendments are
[Title 50 RCW—page 94]
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Conflict with federal requirements—1987 c 171: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1987 c 171 § 7.]
Severability—1987 c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 171 § 8.]
Conflict with federal requirements—1985 ex.s. c 5: "If any part of
this act shall be found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the
extent of such conflict, and such finding or determination shall not affect the
operation of the remainder of this act." [1985 ex.s. c 5 § 16.]
Severability—1985 ex.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1985 ex.s. c 5 § 17.]
50.62.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Job service" means the employment assistance program of the employment security department;
(2) "Employment assistance" means services to unemployed persons focused on and measured by the obtaining of
employment;
(3) "Labor exchange" means those activities which
match labor supply and labor demand, including recruitment,
screening, and referral of qualified workers to employers;
(4) "Special account of the administrative contingency
fund" means that fund under RCW 50.24.014 established
within the administrative contingency fund of the employment security department which provides revenue for the
purposes of this chapter.
(5) "Continuous wage and benefit history" means an
information and research system utilizing a longitudinal database containing information on both employment and unemployment.
(6) "Long-term unemployed" means demographic
groups of unemployment insurance claimants identified by
the employment security department pursuant to RCW
50.62.040(1)(e) which have the highest percentages of persons who have drawn at least fifteen weeks of unemployment
insurance benefits or have the highest percentage of persons
who have exhausted their unemployment insurance benefits.
(7) "Older unemployed workers" means unemployment
insurance claimants who are at least fifty years of age. [1987
c 284 § 2; 1985 ex.s. c 5 § 2.]
50.62.020
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.62.030 Job service program or activity. Job service resources shall be used to assist with the reemployment
of unemployed workers using the most efficient and effective
means of service delivery. The job service program of the
employment security department may undertake any pro50.62.030
(2008 Ed.)
Washington Service Corps
gram or activity for which funds are available and which furthers the goals of this chapter. These programs and activities
shall include, but are not limited to:
(1) Giving older unemployed workers and the long-term
unemployed the highest priority for all services made available under this section. The employment security department
shall make the services provided under this chapter available
to the older unemployed workers and the long-term unemployed as soon as they register under the employment assistance program;
(2) Supplementing basic employment services, with special job search and claimant placement assistance designed to
assist unemployment insurance claimants to obtain employment;
(3) Providing employment services, such as recruitment,
screening, and referral of qualified workers, to agricultural
areas where these services have in the past contributed to positive economic conditions for the agricultural industry; and
(4) Providing otherwise unobtainable information and
analysis to the legislature and program managers about issues
related to employment and unemployment. [1995 c 135 § 4.
Prior: 1987 c 284 § 3; 1987 c 171 § 2; 1985 ex.s. c 5 § 3.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.62.040 Annual report—Wage and benefit history.
(1) Each year the employment security department may publish an annual report on the unemployed based on research
conducted on the continuous wage and benefit history and
other sources that identifies:
(a) The demographic groups of unemployment insurance
claimants that experience the greatest difficulty finding new
employment with wages comparable to their prelayoff earnings;
(b) The demographic groups of unemployment insurance
claimants that have the highest rates of failure to find unemployment insurance covered-employment after a layoff;
(c) The demographic, industry, and employment characteristics of the unemployment insurance claimant population
most closely associated with the exhaustion of an unemployment claim;
(d) The demographic, industry, and employment characteristics of those locked-out workers who are eligible for
unemployment compensation under RCW 50.20.090; and
(e) The demographic groups which are defined as the
"long-term unemployed" for purposes of this chapter. This
listing shall be updated each year.
(2) The employment security department shall continue
to fund the continuing wage and benefit history at a level necessary to produce the annual report described in subsection
(1) of this section. [1998 c 245 § 102; 1987 c 284 § 4.]
50.62.040
Chapter 50.65
Chapter 50.65 RCW
WASHINGTON SERVICE CORPS
Sections
50.65.010
50.65.020
(2008 Ed.)
Legislative findings.
Definitions.
50.65.030
50.65.040
50.65.050
50.65.060
50.65.065
50.65.070
50.65.080
50.65.090
50.65.100
50.65.110
50.65.120
50.65.130
50.65.138
50.65.143
50.65.150
50.65.200
50.65.210
50.65.220
50.65.230
50.65.240
50.65.250
50.65.260
50.65.270
50.65.280
50.65.290
50.65.300
50.65.310
50.65.320
50.65.330
50.65.901
50.65.902
50.65.903
50.65.904
50.65.905
50.65.906
50.65.907
50.65.908
50.65.010
Washington service corps established—Commissioner’s
duties.
Washington service corps—Criteria for enrollment.
Washington service corps—List of local youth employment
opportunities.
Washington service corps—Placement under work agreements.
Work agreements—Requirements.
Enrollees not to displace current workers.
Commissioner to seek assistance for Washington service
corps.
Authority for income-generating projects—Disposition of
income.
Work agreements—Nondiscrimination.
Enrollees—Training and subsistence allowance—Medical
insurance and medical aid—Notice of coverage.
Exemption of enrollees from unemployment compensation
coverage.
Federal and private sector funds and grants.
Use of funds for enrollees and projects in distressed areas—
Service corps.
Limitation on use of funds for administration—Service corps.
Washington service corps scholarship account—Created—
Use.
Washington serves—Findings—Declaration.
Washington serves—Definitions.
Washington serves—Program—Created—Procedure—Intent.
Washington serves—Applicants—Eligibility.
Washington serves—Disqualification for Washington service
corps participation.
Washington serves—Volunteers—Selection—Placement.
Washington serves—Volunteers—Support.
Washington serves—Volunteers—Medical benefits—Benefit
limits.
Washington serves—Displacement of current workers prohibited.
Washington serves—Volunteers—Unemployment compensation coverage limited.
Washington serves—Volunteers—Assistance to defer student
loan payments.
Washington serves—Volunteers—Subsequent development
of skills and experience—Recognition.
Washington serves—Service placement—Work agreements—Contracts—Rules for agencies—Financial support
for organizations.
Washington serves—Gifts, grants, endowments—Matching
funds.
Conflict with federal requirements—1983 1st ex.s. c 50.
Severability—1983 1st ex.s. c 50.
Conflict with federal requirements—1987 c 167.
Severability—1987 c 167.
Effective date—1987 c 167.
Conflict with federal requirements—1993 sp.s. c 7.
Short title—1993 sp.s. c 7.
Severability—1993 sp.s. c 7.
Washington conservation corps: Chapter 43.220 RCW.
50.65.010 Legislative findings. The legislature finds
50.65.010
that:
(1) The unemployment rate in the state of Washington is
the highest since the great depression, with a significantly
higher rate among Washington youth.
(2) The policy of the state is to conserve and protect its
natural and urban resources, scenic beauty, and historical and
cultural sites.
(3) It is in the public interest to target employment
projects to those activities which have the greatest benefit to
the local economy.
(4) There are many unemployed young adults without
hope or opportunities for entrance into the labor force who
are unable to afford higher education and who create a serious strain on tax revenues in community services.
(5) The severe cutbacks in community and human services funding leave many local community service agencies
without the resources to provide necessary services to those
in need.
[Title 50 RCW—page 95]
50.65.020
Title 50 RCW: Unemployment Compensation
(6) The talent and energy of Washington’s unemployed
young adults are an untapped resource which should be challenged to meet the serious shortage in community services
and promote and conserve the valuable resources of the state.
Therefore, the legislature finds it necessary and in the
public interest to enact the Washington youth employment
and conservation act. As part of this chapter, the Washington
service corps is established as an operating program of the
employment security department. The legislature desires to
facilitate the potential of youth to obtain available job opportunities in both public and private agencies. [1987 c 167 § 1;
1983 1st ex.s. c 50 § 1.]
Reviser’s note: Wherever the phrase "this act" occurred in RCW
50.65.010 through 50.65.130, it has been changed to "this chapter." "This
act" [1983 1st ex.s. c 50] consists of this chapter and three uncodified sections.
50.65.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commissioner" means the commissioner of the
employment security department.
(2) "Department" means the employment security
department.
(3) "Enrollees" means those persons who have completed enrollment forms, completed a work agreement, and
who have entered into the Washington service corps following the approval of the director of the supervising agency.
(4) "Corps" means the Washington service corps.
(5) "Work agreement" means the written agreement
between the department, the enrollee and the supervising
agency under this chapter for a period of up to eighteen
months.
(6) "Supervising agencies" means those private or public
agencies which develop and implement full-time service
projects in which enrollees agree to participate.
(7) "Matching funds" means funding that is provided to
the employment security department by agencies or individuals as financial support for a portion of the stipend or wage
and benefits paid to the enrollee.
(8) "Financial support" means any thing of value contributed by agencies or individuals to the department for a youth
employment project which is reasonably calculated to support directly the development and expansion of a particular
program under this chapter and which represents an addition
to any financial support previously or customarily provided
by the individual or agency. "Financial support" includes, but
is not limited to funds, equipment, facilities, and training.
(9) "Director" means the individual who shall serve as
the director of the exchange. [1987 c 167 § 2; 1983 1st ex.s.
c 50 § 2.]
50.65.020
50.65.030 Washington service corps established—
Commissioner’s duties. The Washington service corps is
established within the employment security department. The
commissioner shall:
(1) Appoint a director and other personnel as necessary
to carry out the purposes of this chapter;
(2) Coordinate youth employment and training efforts
under the department’s jurisdiction and cooperate with other
agencies or departments providing youth services to ensure
50.65.030
[Title 50 RCW—page 96]
that funds appropriated for the purposes of this chapter will
not be expended to duplicate existing services, but will
increase the services of youth to the state;
(3) The employment security department is authorized to
place subgrants with other federal, state, and local governmental agencies and private agencies to provide youth
employment projects and to increase the numbers of youth
employed;
(4) Determine appropriate financial support levels by
private business, community groups, foundations, public
agencies, and individuals which will provide matching funds
for enrollees in service projects under work agreements. The
matching funds requirement may be waived for public agencies or reduced for private agencies;
(5) Recruit enrollees who are residents of the state unemployed at the time of application and are at least eighteen
years of age but have not reached their twenty-sixth birthday;
(6) Recruit supervising agencies to host the enrollees in
full-time service activities which shall not exceed eleven
months’ duration;
(7) Assist supervising agencies in the development of
scholarships and matching funds from private and public
agencies, individuals, and foundations in order to support a
portion of the enrollee’s stipend and benefits;
(8) Develop general employment guidelines for placement of enrollees in supervising agencies to establish appropriate authority for hiring, firing, grievance procedures, and
employment standards which are consistent with state and
federal law;
(9) Match enrollees with appropriate public agencies and
available service projects;
(10) Monitor enrollee activities for compliance with this
chapter and compliance with work agreements;
(11) Assist enrollees in transition to employment upon
termination from the programs, including such activities as
orientation to the labor market, on-the-job training, and
placement in the private sector;
(12) Establish a program for providing incentives to
encourage successful completion of terms of enrollment in
the service corps and the continuation of educational pursuits.
Such incentives shall be in the form of educational assistance
equivalent to two years of community or technical college
tuition for eleven months of service. Educational assistance
funding shall only be used for tuition, fees, and courserelated books and supplies. Enrollees who receive educational assistance funding shall start using it within one year of
their service completion and shall finish using it within four
years of their service completion;
(13) Enter into agreements with the state’s community
and technical college system and other educational institutions or independent nonprofit agencies to provide special
education in basic skills, including reading, writing, and
mathematics for those participants who may benefit by participation in such classes. Participation is not mandatory but
shall be strongly encouraged. [1993 c 302 § 1; 1987 c 167 §
3; 1983 1st ex.s. c 50 § 3.]
Effective date—1993 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 302 § 9.]
(2008 Ed.)
Washington Service Corps
50.65.040 Washington service corps—Criteria for
enrollment. The commissioner may select and enroll in the
Washington service corps program any person who is at least
eighteen years of age but has not reached their twenty-sixth
birthday, is a resident of the state, and who is not for medical,
legal, or psychological reasons incapable of service. Efforts
shall be made to enroll youths who are economically,
socially, physically, or educationally disadvantaged. The
commissioner may prescribe such additional standards and
procedures in consultation with supervising agencies as may
be necessary in conformance with this chapter. In addition,
the commissioner may select and enroll youth fourteen to
seventeen years of age on special projects during the summer
and at other times during the school year that may complement and support their school curriculum or that link and support service with learning. [1993 c 302 § 2; 1987 c 167 § 4;
1983 1st ex.s. c 50 § 4.]
50.65.040
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.050 Washington service corps—List of local
youth employment opportunities. The commissioner shall
use existing local offices of the employment security department or contract with independent, private nonprofit agencies
in a local community to establish the Washington service
corps program and to insure coverage of the program statewide. Each local office shall maintain a list of available youth
employment opportunities in the jurisdiction covered by the
local office and the appropriate forms or work agreements to
enable the youths to apply for employment in private or public supervising agencies. [1987 c 167 § 5; 1983 1st ex.s. c 50
§ 5.]
50.65.050
50.65.060 Washington service corps—Placement
under work agreements. Placements in the Washington
service corps shall be made in supervising agencies under
work agreements as provided under this chapter and shall
include those assignments which provide for addressing community needs and conservation problems and will assist the
community in economic development efforts. Each work
agreement shall:
(1) Demonstrate that the service project is appropriate
for the enrollee’s interests, skills, and abilities and that the
project is designed to meet unmet community needs;
(2) Include a requirement of regular performance evaluation. This shall include clear work performance standards
set by the supervising agency and procedures for identifying
strengths, recommended improvement areas and conditions
for probation or dismissal of the enrollee; and
(3) Include a commitment for partial financial support
for the enrollee from private industry, public agencies, community groups, or foundations. The commissioner may establish additional standards for the development of placements
for enrollees with supervising agencies and assure that the
work agreements comply with those standards. This section
shall not apply to conservation corps programs established by
chapter 43.220 RCW.
Agencies of the state may use the Washington service
corps for the purpose of employing youth qualifying under
this chapter. [1993 c 302 § 3; 1987 c 167 § 6; 1983 1st ex.s.
c 50 § 6.]
50.65.060
(2008 Ed.)
50.65.110
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.065 Work agreements—Requirements. For
each enrollee, the work agreements, or combination of work
agreements, developed under RCW 50.65.060 shall:
(1) Include a variety of experiences consisting of:
Indoor activities; outdoor activities; and volunteer activities;
(2) Provide time for participation in a core training program common to all participants. [1993 c 302 § 4.]
50.65.065
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.070 Enrollees not to displace current workers.
The assignment of enrollees shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work,
wages, or other employment benefits. Supervising agencies
that participate in the program may not terminate, lay-off, or
reduce the working hours of any employee for the purpose of
utilizing an enrollee with funds available. In circumstances
where substantial efficiencies or a public purpose may result,
supervising agencies may utilize enrollees to carry out essential agency work or contractual functions without displacing
current employees. [1983 1st ex.s. c 50 § 7.]
50.65.070
50.65.080 Commissioner to seek assistance for Washington service corps. The commissioner shall seek and may
accept, on behalf of the Washington service corps, charitable
donations of cash and other assistance including, but not limited to, equipment and materials if the donations are available
for appropriate use for the purposes set forth in this chapter.
[1993 c 302 § 6; 1983 1st ex.s. c 50 § 8.]
50.65.080
Effective date—1993 c 302: See note following RCW 50.65.030.
50 .65 .09 0 Au th orit y f o r in com e- g enerat ing
projects—Disposition of income. The commissioner may
enter into income-generating projects with public or private
organizations to further the purposes of this chapter. Moneys
received from contractual projects qualifying under this
chapter shall be deposited in the state general fund. This section does not apply to conservation corps programs established by chapter 43.220 RCW. [1983 1st ex.s. c 50 § 9.]
50.65.090
50.65.100 Work agreements—Nondiscrimination.
All parties entering into work agreements under this chapter
shall agree that they will not discriminate in the providing of
any service on the basis of race, creed, ethnic origin, sex, age,
or political affiliation. [1983 1st ex.s. c 50 § 10.]
50.65.100
50.65.110 Enrollees—Training and subsistence
allowance—Medical insurance and medical aid—Notice
of coverage. The compensation received shall be considered
a training and subsistence allowance. Comprehensive medical insurance, and medical aid shall be paid for the enrollees
in the service corps by the commissioner in accordance with
the standards and limitations of the appropriation provided
for this chapter. The department shall give notice of coverage
to the director of labor and industries after enrollment. The
department shall not be deemed an employer of an enrollee
for any other purpose.
50.65.110
[Title 50 RCW—page 97]
50.65.120
Title 50 RCW: Unemployment Compensation
Other provisions of law relating to civil service, hours of
work, rate of compensation, sick leave, unemployment compensation, old age health and survivor’s insurance, state
retirement plans, and vacation leave do not apply to enrollees. [1987 c 167 § 7; 1985 c 230 § 6; 1983 1st ex.s. c 50 §
11.]
Severability—1985 c 230: See RCW 43.220.902.
50.65.120 Exemption of enrollees from unemployment compensation coverage. The services of enrollees
placed with supervising agencies described in chapter 50.44
RCW are exempt from unemployment compensation coverage under *RCW 50.44.040(5) and the enrollees shall be so
advised by the department. [1983 1st ex.s. c 50 § 12.]
50.65.120
*Reviser’s note: RCW 50.44.040 was amended by 2007 c 386 § 1,
changing subsection (5) to subsection (4).
50.65.130 Federal and private sector funds and
grants. In addition to any other power, duty, or function
described by law or rule, the employment security department, through the program established under this chapter,
may accept federal or private sector funds and grants and
implement such programs relating to community services or
employment programs and may enter into contracts respecting such funds or grants. The department may also use funds
appropriated for the purposes of this chapter as matching
funds for federal or private source funds to accomplish the
purposes of this chapter. The Washington service corps shall
be the sole recipient of federal funds for youth employment
and conservation corps programs. [1987 c 167 § 8; 1983 1st
ex.s. c 50 § 13.]
50.65.130
50.65.138 Use of funds for enrollees and projects in
distressed areas—Service corps. Sixty percent of the general funds available to the service corps program shall be for
enrollees from distressed areas and for projects in distressed
areas. A distressed area shall mean:
(1) A county which has an unemployment rate which is
twenty percent above the state average for the immediately
preceding three years;
(2) A community which has experienced sudden and
severe loss of employment; or
(3) An area within a county which area:
(a) Is composed of contiguous census tracts;
(b) Has a minimum population of five thousand persons;
(c) The median household income is at least thirty-five
percent below the county’s median household income, as
determined from data collected for the preceding United
States ten-year census; and
(d) Has an unemployment rate which is at least forty percent higher than the county’s unemployment rate. For purposes of this definition, "families and unrelated individuals"
has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development
and neighborhood revitalization projects. [1987 c 167 § 10.]
50.65.138
50.65.143 Limitation on use of funds for administration—Service corps. (1) Not more than fifteen percent of
the funds available for the service corps shall be expended for
50.65.143
[Title 50 RCW—page 98]
administrative costs. For the purposes of this chapter,
"administrative costs" include, but are not limited to, program planning and evaluation, budget development and monitoring, personnel management, contract administration,
administrative payroll, development of program reports, and
administrative office space costs and utilities.
(2) The fifteen percent limitation does not include costs
for any of the following: Program support activities such as
direct supervision of enrollees and corpsmembers, counseling, education and job training, equipment, advisory board
expenses, and extraordinary recruitment and placement procedures necessary to fill project positions.
(3) The total for all items included under subsection (1)
of this section and excluded under subsection (2) of this section shall not: (a) Exceed thirty percent of the appropriated
funds available during a fiscal biennium for the service and
conservation corps programs; or (b) result in an average cost
per enrollee or corpsmember from general funds exceeding
seven thousand dollars in the 1987-89 biennium and in succeeding biennia as adjusted by inflation factors established
by the office of financial management for state budgeting
purposes. The test included in (a) and (b) of this subsection
are in the alternative, and it is only required that one of the
tests be satisfied. [1987 c 167 § 11.]
50.65.150
50.65.150 Washington service corps scholarship
account—Created—Use. The Washington service corps
scholarship account is created in the custody of the state treasurer. The account shall consist of a portion of Washington
service corps funding, deposited by the commissioner, in an
amount sufficient to provide for the future awarding of educational assistance grants described in RCW 50.65.030.
Expenditures from the account may be used only for educational assistance grants described in RCW 50.65.030. Only
the commissioner or the commissioner’s designee may
authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures. All earnings of investments of surplus balances in the account shall
be deposited to the treasury income account created in RCW
43.84.092. [1993 c 302 § 5.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.200
50.65.200 Washington serves—Findings—Declaration. The legislature finds that:
(1) Budget constraints are causing severe gaps and
reductions in vital services to local communities and citizens.
Some of these gaps in services can be filled by citizen volunteers through an organized program to recruit and place volunteers and to expand opportunities for volunteers to serve
their communities;
(2) The federal government is proposing expansion of
national services programs. These programs may require significant matching resources from states. State funds supporting the Washington serves program can serve as a required
matching source to leverage additional federal national service resources;
(3) Washington state has, through the Washington service corps, successfully offered service opportunities and
(2008 Ed.)
Washington Service Corps
meaningful work experience to young adults between the
ages of eighteen and twenty-five years;
(4) The need exists to expand full-time volunteer opportunities to citizens age twenty-one and over, to encourage
senior citizens, college graduates, professional and technically skilled persons, and other adult citizens, to contribute
their critical expertise, experience, labor, and commitment to
meeting the needs of their communities;
(5) It is appropriate and in the public’s interest for Washington state to create opportunities for citizens to engage in
full-time, meaningful volunteer service in governmental or
private nonprofit agencies, institutions, programs, or activities that address the social, economic, educational, civic, cultural, or environmental needs of local communities;
(6) Through volunteer service, citizens apply their skills
and knowledge to the resolution of critical problems or meeting unmet needs, gain valuable experience, refine or develop
new skills, and instill a sense of civic pride and commitment
to their community;
(7) There is a need to coordinate state and federally
funded volunteer service programs that provide living allowances and other benefits to volunteers to maximize the benefits to volunteers and the organizations in which they serve.
It is therefore the legislature’s desire to expand full-time
volunteer opportunities for citizens age twenty-one and over
and to provide appropriate incentives to those who serve.
Such a program should be implemented statewide and coordinated across programs. [1993 sp.s. c 7 § 1.]
50.65.210 Washington serves—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Commissioner" means the commissioner of the
employment security department.
(2) "*Council" means the Washington council on volunteerism and citizen service authorized by chapter 43.150
RCW.
(3) "Department" means the employment security
department.
(4) "Volunteer" means a person at least twenty-one years
of age who, upon application and acceptance into the program, is placed in a governmental or private, nonprofit organization to perform full-time service for the benefit of the
community, and who receives a living allowance and other
benefits as authorized under this chapter. [1993 sp.s. c 7 § 2.]
50.65.210
*Reviser’s note: RCW 43.150.060, which created the Washington
state council on volunteerism and citizen service, was repealed by 1995 c
269 § 2302, effective July 1, 1995.
50.65.220 Washington serves—Program—Created—Procedure—Intent. There is hereby created within
the employment security department a program for full-time
community service that shall be known and referred to as the
Washington serves program. The department shall recruit,
train, place, and evaluate applicants to the program. The
department may accept applications and enter into agreements or contracts with any governmental or private nonprofit organization appropriate for placement of volunteers
under this program. The commissioner, after consultation
with the council, may adopt rules as needed to carry out the
intent and purposes of this program. It is the intent of the leg50.65.220
(2008 Ed.)
50.65.250
islature that the commissioner coordinate this program with
all volunteer service programs, whether funded with state or
federal dollars, in order to maximize the benefits to volunteers and the communities served under the program. It is
also the legislature’s intent that to the extent that state funds
are paid directly to persons that participate in the program,
whether to reimburse, support, assist, or provide other direct
payment, no volunteer may have such reimbursement, support, assistance, or other payment reduced or withheld for
having served in the program. [1993 sp.s. c 7 § 3.]
50.65.230 Washington serves—Applicants—Eligibility. (1) Applicants to the Washington serves program shall
be at least twenty-one years of age and a resident of Washington state.
(2) Applicants may apply to serve for a period of service
of one year, except that volunteers may serve for periods of
service of less than one year if it is determined by the commissioner, on an individual basis, that a period of service of
less than one year is necessary to meet a critical scarce skill
or necessary to enable a person or organization to participate
in the program.
(3) Volunteers may reapply for periods of service totaling not more than two additional years.
(4) Applicants to the program shall be committed to providing full-time service to the community. [1993 sp.s. c 7 §
4.]
50.65.230
50.65.240 Washington serves—Disqualification for
Washington service corps participation. No individual
may participate in the Washington serves program created by
chapter 7, Laws of 1993 sp. sess., if the person has previously
participated for six months or longer in the Washington service corps within the last three years. [1993 c 302 § 10.]
50.65.240
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.250 Washington serves—Volunteers—Selection—Placement. (1) Program volunteers shall be selected
from among qualified individuals submitting applications for
full-time service at such time, in such form, and containing
such information as may be necessary to evaluate the suitability of each individual for service, and available placements. The commissioner or the commissioner’s designee
shall review the application of each individual who applies in
conformance with selection criteria established by the commissioner after consultation with the council, and who, on the
basis of the information provided in the application, is determined to be suitable to serve as a volunteer under the Washington serves program.
(2) Within available funds, volunteers may be placed
with any public or private nonprofit organization, program,
or project that qualifies to accept program volunteers according to the rules and application procedures established by the
commissioner. Work shall benefit the community or state atlarge and may include but is not limited to programs,
projects, or activities that:
(a) Address the problems of jobless, homeless, hungry,
illiterate, or functionally illiterate persons, and low-income
youths;
50.65.250
[Title 50 RCW—page 99]
50.65.260
Title 50 RCW: Unemployment Compensation
(b) Provide support and a special focus on those project
activities that address the needs of the unemployed and those
in need of job training or retraining;
(c) Address significant health care problems, including
services to homeless individuals and other low-income persons, especially children, through prevention and treatment;
(d) Meet the health, education, welfare, or related needs
of low-income persons, particularly children and low-income
minority communities;
(e) Provide care or rehabilitation services to the mentally
ill, developmentally disabled, or other persons with disabilities;
(f) Address the educational and education-related needs
of children, youth, families, and young adults within public
educational institutions or related programs;
(g) Address alcohol and drug abuse prevention, education, and related activities; and
(h) Seek to enhance, improve, or restore the environment
or that educate or advocate for a sustainable environment.
(3) Every reasonable effort shall be made to place participants in programs, projects, or activities of their choice if the
agencies, programs, or activities are consistent with the intent
and purposes of the Washington serves program, if there is
mutual agreement between the agency, program, or activity
and the volunteer, and if the volunteer’s service is consistent
with the intent and purpose of the program and would benefit
the community or the state as a whole. [1993 sp.s. c 7 § 5.]
50.65.260 Washington serves—Volunteers—Support. (1) Volunteers accepted into the Washington serves
program and placed in an approved agency, program, or
activity, shall be provided a monthly subsistence allowance
in an amount determined by the commissioner taking into
consideration the allowance given to VISTA, Washington
service corps, and other similar service programs. For those
persons who qualify and are granted a deferment of federal
student loan payments while serving in the program, the rate
of compensation shall be equal to but not greater than the
monthly subsistence allowance granted Volunteers In Service To America (VISTA) serving in this state, as determined
by the national ACTION agency or its successor, in accordance with section 105(b)(2) of the Domestic Volunteer Service Act of 1973, P.L. 93-113, as amended.
(2) The commissioner or the commissioner’s designee
shall, within available funds, ensure that each volunteer has
available support to enable the volunteer to perform the work
to which the volunteer is assigned. Such support may include,
but is not limited to, reimbursement for travel expenses, payment for education and training expenses, including preservice and on-the-job training necessary for the performance of
duties, technical assistance, and other support deemed necessary and appropriate.
(3) At the end of each volunteer’s period of service of not
less than one year, each volunteer may receive a postservice
stipend for each month of completed service in an amount
determined by the commissioner. The postservice stipend for
those persons who qualify and are granted a deferment of federal student loan payments while serving in this program
shall be an amount equal to but not greater than the amount or
rate determined by the national ACTION agency or its successor, in accordance with section 105(b)(2) of the Domestic
50.65.260
[Title 50 RCW—page 100]
Volunteer Service Act of 1973, P.L. 93-113 as amended, for
Volunteers In Service To America (VISTA), who are providing services in this state. Volunteers under the Washington
serves program may accrue the stipend for each month of
their service period of not less than one year, including any
month during which they were in training. The commissioner
or the commissioner’s designee may, on an individual basis,
make an exception to provide a stipend to a volunteer who
has served less than one year.
(4) Stipends shall be payable to the volunteer only upon
completion of the period of service. Under circumstances
determined by the commissioner, the stipend may be paid on
behalf of the volunteer to members of the volunteer’s family
or others designated by the volunteer. [1993 sp.s. c 7 § 6.]
50.65.270 Washington serves—Volunteers—Medical
benefits—Benefit limits. Within available funds, medical
aid coverage under chapter 51.36 RCW and medical insurance shall be provided to all volunteers under this program.
The department shall give notice of medical aid coverage to
the director of labor and industries upon acceptance of the
volunteer into the program. The department shall not be
deemed an employer of any volunteer under the Washington
serves program for any other purpose. Other provisions of
law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, old age, health
and survivor’s insurance, state retirement plans, and vacation
leave do not apply to volunteers under this program. [1993
sp.s. c 7 § 7.]
50.65.270
50.65.280 Washington serves—Displacement of current workers prohibited. The assignment of volunteers
under the Washington serves program shall not result in the
displacement of currently employed workers, including partial displacement such as would result from a reduction in
hours of nonovertime work, wages, or other employment
benefits. Participating agencies, programs, or activities may
not terminate, lay off, or reduce the working hours of any
employee for the purpose of using volunteers under the
Washington serves program. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use volunteers to carry out essential agency
work or contractual functions without displacing current
employees. [1993 sp.s. c 7 § 8.]
50.65.280
50.65.290 Washington serves—Volunteers—Unemployment compensation coverage limited. The services of
volunteers placed with participating agencies described in
chapter 50.44 RCW are not eligible for unemployment compensation coverage. Each volunteer shall be so advised by the
commissioner or the commissioner’s designee. [1993 sp.s. c
7 § 9.]
50.65.290
50.65.300 Washington serves—Volunteers—Assistance to defer student loan payments. The commissioner
or the commissioner’s designee may assist any volunteer
serving full-time under the Washington serves program in
obtaining a service deferment of federally funded student
loan payments during his or her period of service. [1993 sp.s.
c 7 § 10.]
50.65.300
(2008 Ed.)
Programs for Dislocated Forest Products Workers
50.65.310 Washington serves—Volunteers—Subsequent development of skills and experience—Recognition. The commissioner or the commissioner’s designee may
provide or arrange for educational, vocational, or job counseling for program volunteers at the end of their period of service to (1) encourage volunteers to use the skills and experience which they have derived from their training and service,
and (2) promote the development of appropriate opportunities for the use of such skills and experience, and the placement therein of such volunteers. The commissioner or the
commissioner’s designee may also assist volunteers in developing a plan for gainful employment.
The commissioner shall provide for an appropriate
means of recognition or certification of volunteer service.
[1993 sp.s. c 7 § 11.]
50.65.310
50.65.320 Washington serves—Service placement—
Work agreements—Contracts—Rules for agencies—
Financial support for organizations. The executive administrator of the Washington serves program shall recruit and
develop service placements and may enter into work agreements or contracts as needed to implement the Washington
serves program. The commissioner, after consultation with
the council, may adopt rules for participating agencies which
rules may include, but are not limited to: Supervision of volunteers, reasonable work space or other working environment conditions, ongoing training, the handling of grievances
or disputes, performance evaluations, frequency of agency
contacts, and liability insurance coverage. The commissioner
shall determine financial support levels for organizations
receiving volunteer placements that will provide matching
funds for enrollees in service projects under work agreements. [1993 sp.s. c 7 § 12.]
50.65.320
50.65.330 Washington serves—Gifts, grants, endowments—Matching funds. The department may receive such
gifts, grants, and endowments from private or public sources
that may be made from time to time, in trust or otherwise, for
the use and benefit of the Washington serves program and
spend the same or any income therefrom according to the
terms of the gifts, grants, or endowments.
The department may also use funds appropriated for the
purposes of this chapter as matching funds for federal or private source funds to accomplish the purposes of this chapter.
[1993 sp.s. c 7 § 13.]
50.65.330
50.65.901 Conflict with federal requirements—1983
1st ex.s. c 50. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state, such conflicting
part of this act is declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall
not affect the operation of the remainder of this act. The rules
under this act shall meet federal requirements which are a
necessary condition to the receipt of federal funds by the
state. [1983 1st ex.s. c 50 § 16.]
50.65.901
50.65.902 Severability—1983 1st ex.s. c 50. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
50.65.902
(2008 Ed.)
Chapter 50.70
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 50 § 17.]
50.65.903 Conflict with federal requirements—1987
c 167. If any part of this chapter is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state, such conflicting
part of this chapter is declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall
not affect the operation of the remainder of this chapter. The
rules under this chapter shall meet federal requirements
which are a necessary condition to the receipt of federal funds
by the state. [1987 c 167 § 12.]
50.65.903
50.65.904 Severability—1987 c 167. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 167 § 13.]
50.65.904
50.65.905 Effective date—1987 c 167. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1987. [1987 c 167 § 15.]
50.65.905
50.65.906 Conflict with federal requirements—1993
sp.s. c 7. If any part of this act is found to be in conflict with
federal requirements which are prescribed conditions to the
receipt of federal funds or participation in any federal program, such conflicting part of this act is declared to be inoperative solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder
of the act. Rules adopted pursuant to this act shall meet federal requirements which are a necessary condition to the
receipt of federal funds by the state. [1993 sp.s. c 7 § 14.]
50.65.906
50.65.907 Short title—1993 sp.s. c 7. Sections 1
through 13 of this act may be known and cited as the Washington serves act. [1993 sp.s. c 7 § 15.]
50.65.907
50.65.908 Severability—1993 sp.s. c 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1993 sp.s. c 7 § 18.]
50.65.908
Chapter 50.70
Chapter 50.70 RCW
PROGRAMS FOR DISLOCATED
FOREST PRODUCTS WORKERS
Sections
50.70.030
50.70.040
50.70.050
50.70.900
50.70.901
50.70.902
Employment opportunities—Benefits.
Recruitment—Career orientation services—Career counseling.
Department of natural resources duties.
Severability—1991 c 315.
Conflict with federal requirements—1991 c 315.
Effective date—1991 c 315.
Community college program for dislocated forest products workers: RCW
28B.50.259.
[Title 50 RCW—page 101]
50.70.030
Title 50 RCW: Unemployment Compensation
Emergency mortgage and rental assistance program—Rural natural
resources impact areas—Grants and loans: RCW 43.63A.610 through
43.63A.640.
Enrollment of persons in timber impact areas in basic health plan: RCW
70.47.115.
Skagit river salmon recovery plan: RCW 77.95.140.
50.70.030 Employment opportunities—Benefits. (1)
Employment opportunities under the program shall consist of
activities that improve the value of state lands and waters.
These activities may include, but are not limited to, thinning
and precommercial thinning, pruning, slash removal, reforestation, fire suppression, trail maintenance, maintenance of
recreational facilities, dike repair, development and maintenance of tourist facilities, and stream enhancement.
(2) Enrollees in the program shall receive medical and
dental benefits as provided under chapter 41.05 RCW, but are
exempt from the provisions of chapter 41.06 RCW. Each
week, enrollees shall not work more than thirty-two hours in
this program and must participate in eight hours of career orientation as established in RCW 50.70.040. Participation in
the program is limited to six months. [1991 c 315 § 7.]
50.70.030
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.040 Recruitment—Career orientation services—Career counseling. (1) The department shall recruit
program applicants and provide employment opportunities
by:
(a) Notifying dislocated forest products workers who are
receiving unemployment benefits, or dislocated forest products workers who have exhausted unemployment benefits, of
their eligibility for the program.
(b) Establishing procedures for dislocated forest products workers to apply to the program.
(c) Developing a pool of workers eligible to enroll in the
program.
(d) Contracting with the department of natural resources
to provide employment opportunities for not less than two
hundred eligible enrollees.
(2) The department shall provide career orientation services to enrollees in the program. The career orientation services shall include, but are not limited to, counseling on
employment options and assistance in accessing retraining
programs, and assistance in accessing social service programs.
(3) The department shall provide at least eight hours of
career counseling each week for program enrollees. [1991 c
315 § 8.]
provision to other persons or circumstances is not affected.
[1991 c 315 § 31.]
50.70.901 Conflict with federal requirements—1991
c 315. If any part of this act is found to be in conflict with
federal requirements which are a prescribed condition to the
allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder
of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state. [1991 c 315 § 32.]
50.70.901
50.70.902 Effective date—1991 c 315. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 21, 1991], except for section 4 of this act, which shall
take effect July 1, 1991. [1991 c 315 § 33.]
50.70.902
50.70.040
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.050 Department of natural resources duties.
(1) The department of natural resources shall enroll candidates in the program from a pool of eligible workers developed by the department.
(2) The department of natural resources shall provide
compensation for enrollees. [1991 c 315 § 9.]
50.70.050
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.900 Severability—1991 c 315. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
50.70.900
[Title 50 RCW—page 102]
Chapter 50.72
Chapter 50.72 RCW
YOUTHBUILD PROGRAM
Sections
50.72.010
50.72.020
50.72.030
50.72.040
50.72.050
50.72.060
50.72.070
Legislative findings.
Definitions.
Commissioner’s duties—Education and employment training
grants.
Education and employment training grants—Eligible activities.
Participation time limits—Educational services and activities
requirement.
Grant applications—Requirements.
Grant applicants—Information required—Evaluation reports.
50.72.010 Legislative findings. (1) The legislature
finds that there is a need to:
(a) Expand the supply of permanent affordable housing
for homeless individuals, low and very low-income persons,
and special need populations by utilizing the energies and talents of economically disadvantaged youth;
(b) Provide economically disadvantaged youth with
opportunities for meaningful work and service to their communities in helping to meet the housing needs of homeless
individuals, low and very low-income persons, and special
need populations;
(c) Enable economically disadvantaged youth to obtain
the education and employment skills necessary to achieve
economic self-sufficiency; and
(d) Foster the development of leadership skills and commitment to community development among youth in designated community empowerment zones.
(2) The legislature declares that the purpose of the Washington youthbuild program is to:
(a) Help disadvantaged youth who have dropped out of
school to obtain the education and employment skills necessary to achieve economic self-sufficiency and develop leadership skills and a commitment to community development
in designated community empowerment zones; and
50.72.010
(2008 Ed.)
Youthbuild Program
(b) Provide funding assistance to entities implementing
programs that provide comprehensive education and skills
training programs designed to lead to self-sufficiency for
economically disadvantaged youth. [1994 sp.s. c 3 § 1.]
50.72.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a public or private nonprofit organization agency eligible to provide education and employment training under federal or state employment training programs.
(2) "Commissioner" means the commissioner of
employment security.
(3) "Department" means the employment security
department.
(4) "Low income" has the same meaning as in RCW
43.185A.010.
(5) "Participant" means an individual that:
(a) Is sixteen to twenty-four years of age, inclusive;
(b) Is or is a member of a very low-income household;
and
(c) Is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary
school diploma or a certificate of equivalency for such
diploma.
(6) "Very low income" means a person or household
whose income is at or below fifty percent of the median family income, adjusted for household size, for the county where
the household is located.
(7) "Youthbuild" means any program that provides disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training in the construction or rehabilitation of
housing for special need populations, very low-income
households, or low-income households. [1994 sp.s. c 3 § 2.]
50.72.020
50.72.030 Commissioner’s duties—Education and
employment training grants. The Washington youthbuild
program is established within the department. The commissioner, in cooperation and consultation with the director of
the department of community, trade, and economic development, shall:
(1) Make grants, up to the lesser of three hundred thousand dollars or twenty-five percent of the total costs of the
youthbuild activities, to applicants eligible to provide education and employment training under federal or state employment training programs, for the purpose of carrying out a
wide range of multidisciplinary activities and services to
assist economically disadvantaged youth under the federal
opportunities for youth: Youthbuild program (106 Stat.
3723; 42 U.S.C. Sec. 8011), or locally developed youthbuildtype programs for economically disadvantaged youth; and
(2) Coordinate youth employment and training efforts
under the department’s jurisdiction and cooperate with other
agencies and departments providing youth services to ensure
that funds appropriated for the purposes of this chapter will
be used to supplement funding from federal, state, local, or
private sources. [1994 sp.s. c 3 § 3.]
50.72.030
(2008 Ed.)
50.72.060
50.72.040 Education and employment training
grants—Eligible activities. (1) Grants made under this
chapter shall be used to fund an applicant’s activities to
implement a comprehensive education and employment
skills training program.
(2) Activities eligible for assistance under this chapter
include:
(a) Education and job skills training services and activities that include:
(i) Work experience and skills training, coordinated to
the maximum extent feasible, with preapprenticeship and
apprenticeship programs in construction and rehabilitation
trades;
(ii) Services and activities designed to meet the educational needs of participants, including basic skills instruction
and remedial education, bilingual education for participants
with limited-English proficiency, secondary education services and activities designed to lead to the attainment of a
high school diploma or its equivalent, and counseling and
assistance in attaining postsecondary education and required
financial aid;
(b) Counseling services and related activities;
(c) Activities designed to develop employment and leadership skills;
(d) Support services and need-based stipends necessary
to enable the participant to participate in the program and to
assist participants through support services in retaining
employment;
(e) Wage stipends and benefits provided to participants;
and
(f) Administrative costs of the applicant, not to exceed
five percent of the amount of assistance provided under this
chapter. [1994 sp.s. c 3 § 4.]
50.72.040
50.72.050 Participation time limits—Educational
services and activities requirement. (1) An individual
selected as a participant in the youthbuild program under this
chapter may be offered full-time participation for a period of
not less than six months and not more than twenty-four
months.
(2) An applicant’s program that is selected for funding
under this chapter shall be structured so that fifty percent of
the time spent by the participants in the youthbuild program
is devoted to educational services and activities, such as those
outlined in RCW 50.72.040. [1994 sp.s. c 3 § 5.]
50.72.050
50.72.060 Grant applications—Requirements. (1)
An application for a grant under this chapter shall be submitted by the applicant in such form and in accordance with the
requirements as determined by the commissioner.
(2) The application for a grant under this chapter shall
contain at a minimum:
(a) The amount of the grant request and its proposed use;
(b) A description of the applicant and a statement of its
qualifications, including a description of the applicant’s past
experience with housing rehabilitation or construction with
youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups;
(c) A description of the proposed site for the program;
50.72.060
[Title 50 RCW—page 103]
50.72.070
Title 50 RCW: Unemployment Compensation
(d) A description of the educational and job training
activities, work opportunities, and other services that will be
provided to participants;
(e) A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities;
(f) A description of the manner in which eligible participants will be recruited and selected, including a description
of arrangements which will be made with federal or state
agencies, community-based organizations, local school districts, the courts of jurisdiction for status and youth offenders,
shelters for homeless individuals and other agencies that
serve homeless youth, foster care agencies, and other appropriate public and private agencies;
(g) A description of the special outreach efforts that will
be undertaken to recruit eligible young women, including
young women with dependent children;
(h) A description of how the proposed program will be
coordinated with other federal, state, local, and private
resources and programs, including vocational, adult, and
bilingual education programs, and job training programs;
(i) Assurances that there will be a sufficient number of
adequately trained supervisory personnel in the program who
have attained the level of journeyman or have served an
apprenticeship through the Washington state apprenticeship
training council;
(j) A description of the applicant’s relationship with
building contractor groups and trade unions regarding their
involvement in training, and the relationship of the youthbuild program with established apprenticeship and training
programs;
(k) A description of activities that will be undertaken to
develop the leadership skills of the participants;
(l) A description of the commitments for any additional
resources to be made available to the local program from the
applicant, from recipients of other federal, state, local, or private sources; and
(m) Other factors the commissioner deems necessary.
[1994 sp.s. c 3 § 6.]
50.72.070 Grant applicants—Information
required—Evaluation reports. (1) An applicant selected
for funding under this chapter shall provide the department
information on program and participant accomplishments.
The information shall be provided in progress and final
reports as requested by the department.
(2) A final evaluation report shall be prepared on individual programs at the time of their completion. The final
evaluation report shall include, but is not limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the state and local level. [1998 c 245 § 103; 1994
sp.s. c 3 § 7.]
50.72.070
Chapter 50.98
Chapter 50.98 RCW
CONSTRUCTION
Sections
50.98.010
50.98.020
50.98.030
50.98.040
50.98.050
50.98.060
50.98.070
50.98.080
50.98.100
50.98.110
Acts repealed.
Conflicting acts repealed.
Repealed acts not reenacted.
Separability of provisions—1945 c 35.
Effective date—1945 c 35.
Base year wages to include remuneration paid for previously
uncovered services.
Compliance with federal unemployment tax act—Internal references—Interpretation.
50.98.010 Saving clause—1945 c 35. If any provisions
of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to other persons or circumstances
shall not be affected thereby. [1945 c 35 § 184; no RRS.]
50.98.010
50.98.020 Appointments and regulations continued.
The repeal of any acts or parts of acts by this act shall not
affect the appointment or employment of any individual or
salary, wages, compensation, powers or duties relating to
such individual which would continue in effect except for
such repeal. Rules and regulations adopted pursuant to the
provisions of any acts or parts of acts repealed by this act consistent with the provisions of this act are not affected by such
repeal and are hereby continued in full force and effect.
[1945 c 35 § 185; no RRS.]
50.98.020
50.98.030 Actions commenced under prior laws. Any
action or proceeding had or commenced in any civil or criminal cause prior to the effective date of this act may be prosecuted and continued with the same effect and under the same
provisions of the law in effect at the time the action or proceeding was had or commenced: PROVIDED, That no
appeal taken subsequent to the effective date of this act will
be effective or valid unless there is compliance with the
requirements of this act relating to appeals. [1945 c 35 § 186;
no RRS.]
50.98.030
50.98.040 Acts repealed. The following acts and parts
of acts relating to unemployment compensation are hereby
repealed: Chapter 162, Session Laws of 1937; chapter 12,
Session Laws of 1939; chapter 214, Session Laws of 1939;
section 6 of chapter 201, Session Laws of 1941; chapter 253,
Session Laws of 1941; chapter 65, Session Laws of 1943;
chapter 127, Session Laws of 1943; chapter 226, Session
Laws of 1943. [1945 c 35 § 188; no RRS.]
50.98.040
50.98.050 Conflicting acts repealed. All acts or parts
of acts in conflict with or in derogation of this act or any part
of this act are hereby repealed insofar as the same are in conflict with or in derogation of this act or any part thereof.
[1945 c 35 § 189; no RRS.]
50.98.050
50.98.060 Repealed acts not reenacted. The repeal of
any acts or parts of acts hereby shall not be construed to reenact or revive any act or parts of acts repealed or superseded by
the acts or parts of acts hereby repealed. [1945 c 35 § 190; no
RRS.]
50.98.060
50.98.070 Separability of provisions—1945 c 35. If
any section, sentence, clause or phrase of this act should be
held to be invalid or unconstitutional the invalidity or uncon50.98.070
Saving clause—1945 c 35.
Appointments and regulations continued.
Actions commenced under prior laws.
[Title 50 RCW—page 104]
(2008 Ed.)
Construction
stitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of
this act. [1945 c 35 § 191; no RRS.]
Severability—1951 c 265: "If any section, sentence, clause or word of
this act shall be held unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this
act, it being the intent of this legislative assembly to enact the remainder of
this act notwithstanding such part so declared unconstitutional should or may
be so declared." [1951 c 265 § 14.]
50.98.080 Effective date—1945 c 35. An emergency
exists and this act is necessary for the preservation of the public peace, health, safety, and welfare and shall take effect on
the first day of July, 1945. [1945 c 35 § 192; no RRS.]
50.98.080
50.98.100 Base year wages to include remuneration
paid for previously uncovered services. (1) Effective with
benefit years beginning on and after January 1, 1978, base
year wages shall include remuneration paid for previously
uncovered services: PROVIDED, That the maximum benefits payable to an individual as computed for the benefit year
will be reduced to the extent that benefits were paid on the
basis of identical calendar quarters of the previously uncovered services with respect to a claim filed by the individual
under Title II of the Emergency Jobs and Unemployment
Assistance Act of 1974. Benefits will be paid, subject to the
provisions of this title, based upon the previously uncovered
services to the extent that the unemployment compensation
trust fund will be reimbursed for the cost thereof by the federal government under section 121 of PL 94-566 and regulations published by the secretary of labor relating thereto.
(2) For the purposes of this section, the term "previously
uncovered services" means services performed before January 1, 1978, which are not employment as defined in Title 50
RCW at any time during the one year period ending December 31, 1975, and which:
(a) Is agricultural labor as defined in RCW 50.04.150
and covered by RCW 50.04.155 or domestic services as
defined in and covered by RCW 50.04.160; or
(b) Is service performed by an employee of this state or a
political subdivision of this state newly covered by chapter
292, Laws of 1977 ex. sess. or by an employee of a nonprofit
educational institution which is not an institution of higher
education as provided in *RCW 50.44.040(3).
(3) Any nonprofit organization or governmental entity
electing to make payments in lieu of contributions shall not
be liable to make payments with respect to benefits paid any
individual whose base year wages include wages for previously uncovered services as defined in subsection (2)(a) and
(b) of this section to the extent that the unemployment compensation fund is reimbursed for the benefits under section
121 of PL 94-566.
(4) Benefits paid any individual whose base year wages
include wages for previously uncovered services as defined
in subsection (2)(a) and (b) of this section shall not be
charged to the experience rating account of any contribution
paying employer to the extent that the unemployment compensation fund is reimbursed for the benefits under section
121 of PL 94-566. [1977 ex.s. c 292 § 20.]
50.98.100
50.98.110
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.98.110 Compliance with federal unemployment
tax act—Internal references—Interpretation. Chapter
292, Laws of 1977 ex. sess. has been enacted to meet the
requirements imposed by the federal unemployment tax act
as amended by PL 94-566. Internal references in any section
of chapter 292, Laws of 1977 ex. sess. to the provisions of
that act are intended only to apply to those provisions as they
existed as of *the effective date of chapter 292, Laws of 1977
ex. sess.
In view of the importance of compliance of chapter 292,
Laws of 1977 ex. sess. with the federal unemployment tax
act, any ambiguities contained herein should be resolved in a
manner consistent with the provisions of that act. Considerable weight has been given to the commentary contained in
that document entitled "Draft Language and Commentary to
Implement the Unemployment Compensation Amendments
of 1976 PL 94-566", published by the United States department of labor, employment and training administration, and
that commentary should be referred to when interpreting the
provisions of chapter 292, Laws of 1977 ex. sess. [1977 ex.s.
c 292 § 21.]
50.98.110
*Reviser’s note: For the effective dates of 1977 ex.s. c 292, see note
following RCW 50.04.116.
*Reviser’s note: RCW 50.44.040 was amended by 2007 c 386 § 1,
deleting subsection (3).
(2008 Ed.)
[Title 50 RCW—page 105]
Title 51
Chapters
51.04
51.08
51.12
51.14
51.16
51.18
51.24
51.28
51.32
51.36
51.44
51.48
51.52
51.98
Title 51
INDUSTRIAL INSURANCE
General provisions.
Definitions.
Employments and occupations covered.
Self-insurers.
Assessment and collection of premiums—Payrolls and records.
Retrospective rating plan.
Actions at law for injury or death.
Notice and report of accident—Application for
compensation.
Compensation—Right to and amount.
Medical aid.
Funds.
Penalties.
Appeals.
Construction.
Autopsies in industrial deaths: RCW 68.50.103.
Civil defense workers, compensation for: Chapter 38.52 RCW.
Constitutional protection of employees: State Constitution Art. 2 § 35.
Department of labor and industries: Chapter 43.22 RCW.
Ferry system employees in extrahazardous employment: RCW 47.64.070.
Fisheries patrol officers, compensation insurance and medical aid: RCW
77.12.262.
Labor regulations, generally: Title 49 RCW.
Lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
Supervisor of industrial insurance: RCW 43.22.020.
Trusts, duration for employee’s benefits: Chapter 49.64 RCW.
Unemployment compensation: Title 50 RCW.
Victims of crimes, benefits: Chapter 7.68 RCW.
Chapter 51.04
Chapter 51.04 RCW
GENERAL PROVISIONS
Sections
51.04.010
51.04.020
51.04.024
51.04.030
51.04.040
51.04.050
51.04.060
51.04.070
51.04.080
51.04.082
51.04.085
51.04.090
51.04.100
51.04.105
51.04.110
51.04.120
51.04.130
(2008 Ed.)
51.04.010 Declaration of police power—Jurisdiction
of courts abolished. The common law system governing the
remedy of workers against employers for injuries received in
employment is inconsistent with modern industrial conditions. In practice it proves to be economically unwise and
unfair. Its administration has produced the result that little of
the cost of the employer has reached the worker and that little
only at large expense to the public. The remedy of the worker
has been uncertain, slow and inadequate. Injuries in such
works, formerly occasional, have become frequent and inevitable. The welfare of the state depends upon its industries,
and even more upon the welfare of its wage worker. The state
of Washington, therefore, exercising herein its police and
sovereign power, declares that all phases of the premises are
withdrawn from private controversy, and sure and certain
relief for workers, injured in their work, and their families
and dependents is hereby provided regardless of questions of
fault and to the exclusion of every other remedy, proceeding
or compensation, except as otherwise provided in this title;
and to that end all civil actions and civil causes of action for
such personal injuries and all jurisdiction of the courts of the
state over such causes are hereby abolished, except as in this
title provided. [1977 ex.s. c 350 § 1; 1972 ex.s. c 43 § 1; 1961
c 23 § 51.04.010. Prior: 1911 c 74 § 1; RRS § 7673.]
51.04.010
Declaration of police power—Jurisdiction of courts abolished.
Powers and duties.
Establishment of investigation unit—Receipt and use of criminal history information.
Medical aid—Rules—Maximum fees—Records and bill payment.
Subpoena power of director—Enforcement by superior court.
Physician or licensed advanced registered nurse practitioner’s
testimony not privileged.
No evasion of benefits or burdens.
Minor worker is sui juris—Guardianship expense.
Sending notices, orders, warrants to claimants.
Notices and orders—Mail or personal service.
Transmission of amounts payable.
Effect of adjudication of applicability.
Statutes of limitation saved.
Continuation of medical aid contracts.
Workers’ compensation advisory committee.
Certificate of coverage required—Contents.
Industrial insurance coverage for Hanford workers—Special
agreements.
51.04.020 Powers and duties. The director shall:
(1) Establish and adopt rules governing the administration of this title;
(2) Ascertain and establish the amounts to be paid into
and out of the accident fund;
(3) Regulate the proof of accident and extent thereof, the
proof of death and the proof of relationship and the extent of
dependency;
(4) Supervise the medical, surgical, and hospital treatment to the intent that it may be in all cases efficient and up
to the recognized standard of modern surgery;
(5) Issue proper receipts for moneys received and certificates for benefits accrued or accruing;
(6) Investigate the cause of all serious injuries and report
to the governor from time to time any violations or laxity in
performance of protective statutes or regulations coming
under the observation of the department;
(7) Compile statistics which will afford reliable information upon which to base operations of all divisions under the
department;
(8) Make an annual report to the governor of the workings of the department;
(9) Be empowered to enter into agreements with the
appropriate agencies of other states relating to conflicts of
jurisdiction where the contract of employment is in one state
and injuries are received in the other state, and insofar as permitted by the Constitution and laws of the United States, to
51.04.020
[Title 51 RCW—page 1]
51.04.024
Title 51 RCW: Industrial Insurance
enter into similar agreements with the provinces of Canada;
and
(10) Designate a medical director who is licensed under
chapter 18.57 or 18.71 RCW. [2000 c 5 § 14; 1994 c 164 §
24; 1977 c 75 § 77; 1963 c 29 § 1; 1961 c 23 § 51.04.020.
Prior: 1957 c 70 § 3; prior: (i) 1921 c 182 § 9; 1911 c 74 §
24; RRS § 7703. (ii) 1947 c 247 § 1, part; 1911 c 74 § 4, part;
Rem. Supp. 1947 § 7676f, part.]
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
Severability—1963 c 29: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1963 c 29 § 2.]
Assignment of wage claims: RCW 49.48.040.
Electricians, installations: Chapters 19.28, 19.29 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Health and safety, underground workers: Chapter 49.24 RCW.
Minimum wage act: Chapter 49.46 RCW.
Seasonal labor disputes: Chapter 49.40 RCW.
Washington Industrial Safety and Health Act: Chapter 49.17 RCW.
51.04.024 Establishment of investigation unit—
Receipt and use of criminal history information. (1) There
is established an investigation unit within the department for
the purpose of detection, investigation, and prosecution of
any act prohibited or declared to be unlawful under this title.
The director will employ supervisory and investigative personnel for the program, who must be qualified by training
and experience.
(2) The director and the investigation unit are authorized
to receive criminal history record information that includes
nonconviction data for any purpose associated with the investigation, abuse, fraud, or suitability for involvement of persons under Title 51 RCW. Dissemination or use of nonconviction data for purposes other than that authorized in this
section is prohibited. [2008 c 74 § 2.]
51.04.024
Finding—2008 c 74: "The legislature finds it necessary to provide the
authority to allow specific units within the agencies affected by this act to
access criminal history information for certified criminal justice purposes.
For the agencies indicated in sections 2 through 7 of this act, the accessing of
this information is for investigative purposes so that the agencies are able to
efficiently address areas of potential fraud and abuse and to maintain the
safety of investigative staff. For the agency responsible for administering
and enforcing section 8 of this act, accessing this information is necessary for
any purpose associated with employment by the commission or peace officer
certification." [2008 c 74 § 1.]
51.04.030 Medical aid—Rules—Maximum fees—
Records and bill payment. (1) The director shall supervise
the providing of prompt and efficient care and treatment,
including care provided by physician assistants governed by
the provisions of chapters 18.57A and 18.71A RCW, acting
under a supervising physician, including chiropractic care,
and including care provided by licensed advanced registered
nurse practitioners, to workers injured during the course of
their employment at the least cost consistent with promptness
and efficiency, without discrimination or favoritism, and with
as great uniformity as the various and diverse surrounding
circumstances and locations of industries will permit and to
51.04.030
[Title 51 RCW—page 2]
that end shall, from time to time, establish and adopt and
supervise the administration of printed forms, rules, regulations, and practices for the furnishing of such care and treatment: PROVIDED, That the medical coverage decisions of
the department do not constitute a "rule" as used in RCW
34.05.010(16), nor are such decisions subject to the rulemaking provisions of chapter 34.05 RCW except that criteria
for establishing medical coverage decisions shall be adopted
by rule after consultation with the workers’ compensation
advisory committee established in RCW 51.04.110: PROVIDED FURTHER, That the department may recommend to
an injured worker particular health care services and providers where specialized treatment is indicated or where cost
effective payment levels or rates are obtained by the department: AND PROVIDED FURTHER, That the department
may enter into contracts for goods and services including, but
not limited to, durable medical equipment so long as statewide access to quality service is maintained for injured workers.
(2) The director shall, in consultation with interested persons, establish and, in his or her discretion, periodically
change as may be necessary, and make available a fee schedule of the maximum charges to be made by any physician,
surgeon, chiropractor, hospital, druggist, licensed advanced
registered nurse practitioner, physicians’ assistants as defined
in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services
to injured workers. The department shall coordinate with
other state purchasers of health care services to establish as
much consistency and uniformity in billing and coding practices as possible, taking into account the unique requirements
and differences between programs. No service covered under
this title, including services provided to injured workers,
whether aliens or other injured workers, who are not residing
in the United States at the time of receiving the services, shall
be charged or paid at a rate or rates exceeding those specified
in such fee schedule, and no contract providing for greater
fees shall be valid as to the excess. The establishment of such
a schedule, exclusive of conversion factors, does not constitute "agency action" as used in RCW 34.05.010(3), nor does
such a fee schedule constitute a "rule" as used in RCW
34.05.010(16).
(3) The director or self-insurer, as the case may be, shall
make a record of the commencement of every disability and
the termination thereof and, when bills are rendered for the
care and treatment of injured workers, shall approve and pay
those which conform to the adopted rules, regulations, established fee schedules, and practices of the director and may
reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules, regulations, or the
established fee schedules and rules and regulations adopted
under it. [2004 c 65 § 1; 1998 c 230 § 1; 1997 c 325 § 2; 1994
c 164 § 25. Prior: 1993 c 515 § 1; 1993 c 159 § 1; 1989 c 189
§ 1; 1986 c 200 § 8; 1980 c 14 § 1; prior: 1977 ex.s. c 350 §
2; 1977 ex.s. c 239 § 1; 1971 ex.s. c 289 § 74; 1961 c 23 §
51.04.030; prior: (i) 1917 c 28 § 6; RRS § 7715. (ii) 1919 c
129 § 3; 1917 c 29 § 7; RRS § 7716. (iii) 1923 c 136 § 10;
RRS § 7719.]
Report to legislature—2004 c 65: "By December 1, 2006, the department of labor and industries shall report to the senate committee on commerce and trade and the house committee on commerce and labor, or succes(2008 Ed.)
General Provisions
sor committees, on the implementation of this act, including but not limited
to the effects of this act on injured worker outcomes, claim costs, and disputed claims." [2004 c 65 § 17.]
Effective date—2004 c 65: "This act takes effect July 1, 2004." [2004
c 65 § 18.]
Severability—2004 c 65: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 65 § 20.]
51.04.040 Subpoena power of director—Enforcement by superior court. The director and his or her authorized assistants shall have power to issue subpoenas to
enforce the attendance and testimony of witnesses and the
production and examination of books, papers, photographs,
tapes, and records before the department in connection with
any claim made to the department, any billing submitted to
the department, or the assessment or collection of premiums.
The superior court shall have the power to enforce any such
subpoena by proper proceedings. [1987 c 316 § 1; 1986 c
200 § 9; 1977 ex.s. c 323 § 1; 1961 c 23 § 51.04.040. Prior:
1915 c 188 § 7; RRS § 7699.]
51.04.040
Severability—1977 ex.s. c 323: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 323 § 29.]
Effective date—1977 ex.s. c 323: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1977." [1977 ex.s. c 323 § 30.]
51.04.050 Physician or licensed advanced registered
nurse practitioner’s testimony not privileged. In all hearings, actions or proceedings before the department or the
board of industrial insurance appeals, or before any court on
appeal from the board, any physician or licensed advanced
registered nurse practitioner having theretofore examined or
treated the claimant may be required to testify fully regarding
such examination or treatment, and shall not be exempt from
so testifying by reason of the relation of the physician or
licensed advanced registered nurse practitioner to patient.
[2004 c 65 § 2; 1961 c 23 § 51.04.050. Prior: 1915 c 188 §
4; RRS § 7687.]
51.04.050
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Nurse-patient privilege subject to RCW 51.04.050: RCW 5.62.030.
51.04.060 No evasion of benefits or burdens. No
employer or worker shall exempt himself or herself from the
burden or waive the benefits of this title by any contract,
agreement, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void. [1977 ex.s. c
350 § 3; 1961 c 23 § 51.04.060. Prior: 1911 c 74 § 11; RRS
§ 7685.]
51.04.060
51.04.070 Minor worker is sui juris—Guardianship
expense. A minor shall be deemed sui juris for the purpose
of this title, and no other person shall have any cause of
action or right to compensation for an injury to such minor
worker, except as expressly provided in this title, but in the
event of any disability payments becoming due under this
title to a minor worker, under the age of eighteen, such disability payments shall be paid to his or her parent, guardian or
51.04.090
other person having legal custody of his or her person until he
or she reaches the age of eighteen. Upon the submission of
written authorization by any such parent, guardian, or other
person, any such disability payments may be paid directly to
such injured worker under the age of eighteen years. If it is
necessary to appoint a legal guardian to receive such disability payments, there shall be paid from the accident fund or by
the self-insurer, as the case may be, toward the expenses of
such guardianship a sum not to exceed three hundred dollars.
[1980 c 14 § 2. Prior: 1977 ex.s. c 350 § 4; 1977 ex.s. c 323
§ 2; 1961 c 23 § 51.04.070; prior: 1959 c 308 § 1; 1957 c 70
§ 4; prior: 1927 c 310 § 5, part; 1919 c 131 § 5, part; 1911 c
74 § 6, part; RRS § 7680, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.080 Sending notices, orders, warrants to claimants. On all claims under this title, claimants’ written
notices, orders, or warrants must be forwarded directly to the
claimant until such time as there has been entered an order on
the claim appealable to the board of industrial insurance
appeals. Claimants’ written notices, orders, or warrants may
be forwarded to the claimant in care of a representative
before an order has been entered if the claimant sets forth in
writing the name and address of the representative to whom
the claimant desires this information to be forwarded. [2007
c 78 § 1; 1972 ex.s. c 43 § 2; 1961 c 23 § 51.04.080. Prior:
1959 c 308 § 2; 1957 c 70 § 5; prior: 1947 c 56 § 1, part; 1927
c 310 § 7, part; 1923 c 136 § 4, part; 1921 c 182 § 6, part;
1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem. Supp. 1947
§ 7684, part.]
51.04.080
51.04.082 Notices and orders—Mail or personal service. Any notice or order required by this title to be mailed to
any employer may be served in the manner prescribed by law
for personal service of summons and complaint in the commencement of actions in the superior courts of the state, but if
the notice or order is mailed, it shall be addressed to the
address of the employer as shown by the records of the
department, or, if no such address is shown, to such address
as the department is able to ascertain by reasonable effort.
Failure of the employer to receive such notice or order
whether served or mailed shall not release the employer from
any tax or any increases or penalties thereon. [1986 c 9 § 2.]
51.04.082
51.04.085 Transmission of amounts payable. The
department may, at any time, on receipt of written authorization, transmit amounts payable to a claimant, beneficiary, or
any supplier of goods or services to the account of such person in a bank or other financial institution regulated by state
or federal authority. [1977 ex.s. c 323 § 26.]
51.04.085
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.070
(2008 Ed.)
51.04.090 Effect of adjudication of applicability. If
any employer shall be adjudicated to be outside the lawful
scope of this title, the title shall not apply to him or her or his
or her worker, or if any worker shall be adjudicated to be outside the lawful scope of this title because of remoteness of his
or her work from the hazard of his or her employer’s work,
any such adjudication shall not impair the validity of this title
51.04.090
[Title 51 RCW—page 3]
51.04.100
Title 51 RCW: Industrial Insurance
in other respects, and in every such case an accounting in
accordance with the justice of the case shall be had of moneys
received. If the provisions for the creation of the accident
fund, or the provisions of this title making the compensation
to the worker provided in it exclusive of any other remedy on
the part of the worker shall be held invalid the entire title shall
be thereby invalidated. In other respects an adjudication of
invalidity of any part of this title shall not affect the validity
of the title as a whole or any other part thereof. [1977 ex.s. c
350 § 5; 1961 c 23 § 51.04.090. Prior: 1911 c 74 § 27; RRS
§ 7706.]
51.04.100 Statutes of limitation saved. If the provisions of this title relative to compensation for injuries to or
death of workers become invalid because of any adjudication,
or be repealed, the period intervening between the occurrence
of an injury or death, not previously compensated for under
this title by lump payment or completed monthly payments,
and such repeal or the rendition of the final adjudication of
invalidity shall not be computed as a part of the time limited
by law for the commencement of any action relating to such
injury or death: PROVIDED, That such action be commenced within one year after such repeal or adjudication; but
in any such action any sum paid out of the accident fund to
the worker on account of injury, to whom the action is prosecuted, shall be taken into account or disposed of as follows:
If the defendant employer shall have paid without delinquency into the accident fund the payment provided by this
title, such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited but
shall be deducted from the sum collected and be paid into the
said fund from which they had been previously disbursed.
[1977 ex.s. c 350 § 6; 1961 c 23 § 51.04.100. Prior: 1911 c
74 § 28; RRS § 7707.]
51.04.100
51.04.105 Continuation of medical aid contracts. The
obligations of all medical aid contracts approved by the
supervisor prior to the repeal of any section of this title pertaining to medical aid contracts shall continue until the expiration of such contracts notwithstanding any such repeal and
all provisions of this title pertaining to the operation of medical aid contracts and the control and supervision of such contracts which were in effect at the time of such approval shall,
notwithstanding any other provision of law, remain in full
force and effect. [1977 ex.s. c 323 § 25.]
51.04.105
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.110 Workers’ compensation advisory committee. The director shall appoint a workers’ compensation
advisory committee composed of ten members: Three representing subject workers, three representing subject employers, one representing self-insurers, one representing workers
of self-insurers, and two ex officio members, without a vote,
one of whom shall be the chairman of the board of industrial
appeals and the other the representative of the department.
The member representing the department shall be chairman.
This committee shall conduct a continuing study of any
aspects of workers’ compensation as the committee shall
determine require their consideration. The committee shall
report its findings to the department or the board of industrial
insurance appeals for such action as deemed appropriate. The
members of the committee shall be appointed for a term of
three years commencing on July 1, 1971 and the terms of the
members representing the workers and employers shall be
staggered so that the director shall designate one member
from each such group initially appointed whose term shall
expire on June 30, 1972 and one member from each such
group whose term shall expire on June 30, 1973. The members shall serve without compensation, but shall be entitled to
travel expenses as provided in RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. The committee may hire such experts, if any, as it shall require to discharge its duties, and may utilize such personnel and facilities
of the department and board of industrial insurance appeals
as it shall need without charge. All expenses of this committee shall be paid by the department. [1982 c 109 § 2; 1980 c
14 § 3. Prior: 1977 ex.s. c 350 § 7; 1977 c 75 § 78; 1975-’76
2nd ex.s. c 34 § 150; 1975 ex.s. c 224 § 1; 1972 ex.s. c 43 §
37; 1971 ex.s. c 289 § 67.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective date—1975 1st ex.s. c 224: "This 1975 amendatory act shall
take effect on July 1, 1975." [1975 1st ex.s. c 224 § 20.]
Managed care pilot projects: RCW 43.72.860.
51.04.120 Certificate of coverage required—Contents. Any employer other than a self-insurer subject to this
title shall, under such rules as the department shall prescribe,
apply for and obtain from the department a certificate of coverage. The certificate shall be personal and nontransferable
and shall be valid as long as the employer continues in business and pays the taxes due the state. In case the employer
maintains more than one place of business, a separate certificate of coverage for each place at which business is transacted shall be required. Each certificate shall be numbered
and shall show the name, residence, and place and character
of business of the employer and such other information as the
department deems necessary and shall be posted conspicuously at the place of business for which it is issued. Where a
place of business of the employer is changed, the employer
must notify the department within thirty days of the new
address and a new certificate shall be issued for the new place
of business. No employer may engage in any business for
which taxes are due under this title without having a certificate of coverage in compliance with this section, except that
the department, by general rule, may provide for the issuance
of a certificate of coverage to employers with temporary
places of business. [1986 c 9 § 1.]
51.04.120
51.04.110
[Title 51 RCW—page 4]
Engaging in business without certificate of coverage—Unlawful actions—
Penalties: RCW 51.48.103.
51.04.130 Industrial insurance coverage for Hanford
workers—Special agreements. The department of labor
and industries upon the request of the secretary of defense of
the United States or the secretary of the United States department of energy, may in its discretion approve special insuring
agreements providing industrial insurance coverage for
workers engaged in the performance of work, either directly
or indirectly, for the United States, regarding projects and
contracts at the Hanford Nuclear Reservation. The agree51.04.130
(2008 Ed.)
Definitions
ments need not conform to the requirements specified in the
industrial insurance law of this state if the department finds
that the application of the plan will effectively aid the
national interest. The department may also approve or direct
changes or modifications of the agreements as it deems necessary.
An agreement entered into under this section remains in
full force and effect for as long as the department deems it
necessary to accomplish the purposes of this section. [1997 c
109 § 1; 1951 c 144 § 1.]
Severability—1997 c 109: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 109 § 4.]
Chapter 51.08
Chapter 51.08 RCW
DEFINITIONS
Sections
51.08.010
51.08.012
51.08.013
51.08.014
51.08.015
51.08.018
51.08.020
51.08.030
51.08.040
51.08.050
51.08.060
51.08.070
51.08.095
51.08.100
51.08.110
51.08.140
51.08.142
51.08.150
51.08.160
51.08.173
51.08.175
51.08.177
51.08.178
51.08.180
51.08.181
51.08.185
51.08.195
Meaning of words.
"Accredited school."
"Acting in the course of employment."
"Agriculture."
"Amount," "payment," "premium," "contribution," "assessment."
"Average monthly wage."
"Beneficiary."
"Child."
"Department."
"Dependent."
"Director."
"Employer"—Exception.
"Health services provider"—"Provider."
"Injury."
"Invalid."
"Occupational disease."
"Occupational disease"—Exclusion of mental conditions
caused by stress.
"Permanent partial disability."
"Permanent total disability."
"Self-insurer."
"State fund"—"State of Washington industrial insurance
fund."
"Successor."
"Wages"—Monthly wages as basis of compensation—Computation thereof.
"Worker"—Exceptions.
"Worker"—Registered contractor and electrician exclusions.
"Employee."
"Employer" and "worker"—Additional exception.
51.08.010 Meaning of words. Unless the context indicates otherwise, words used in this title shall have the meaning given in this chapter. [1961 c 23 § 51.08.010. Prior: 1939
c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921
c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part;
1911 c 74 § 3, part; RRS § 7675, part.]
51.08.010
51.08.012 "Accredited school." For the purposes of
this title, "accredited school" means a school or course of
instruction which is:
(1) Approved by the state superintendent of public
instruction, the state board of education, the *state board for
community college education, or the state division of vocational education of the **coordinating council for occupational education; or
(2) Regulated or licensed as to course content by any
agency of the state or under any occupational licensing act of
the state, or recognized by the apprenticeship council under
51.08.012
(2008 Ed.)
51.08.014
an agreement registered with the apprenticeship council pursuant to chapter 49.04 RCW. [1975 1st ex.s. c 224 § 2; 1969
ex.s. c 77 § 3.]
Reviser’s note: *(1) The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
**(2) The coordinating council for occupational education was abolished by 1975 1st ex.s. c 174 § 9.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.08.013 "Acting in the course of employment." (1)
"Acting in the course of employment" means the worker acting at his or her employer’s direction or in the furtherance of
his or her employer’s business which shall include time spent
going to and from work on the jobsite, as defined in RCW
51.32.015 and 51.36.040, insofar as such time is immediate
to the actual time that the worker is engaged in the work process in areas controlled by his or her employer, except parking area. It is not necessary that at the time an injury is sustained by a worker he or she is doing the work on which his
or her compensation is based or that the event is within the
time limits on which industrial insurance or medical aid premiums or assessments are paid.
(2) "Acting in the course of employment" does not
include:
(a) Time spent going to or coming from the employer’s
place of business in an alternative commute mode, notwithstanding that the employer (i) paid directly or indirectly, in
whole or in part, the cost of a fare, pass, or other expense
associated with the alternative commute mode; (ii) promoted
and encouraged employee use of one or more alternative
commute modes; or (iii) otherwise participated in the provision of the alternative commute mode.
(b) An employee’s participation in social activities, recreational or athletic activities, events, or competitions, and
parties or picnics, whether or not the employer pays some or
all of the costs thereof, unless: (i) The participation is during
the employee’s working hours, not including paid leave; (ii)
the employee was paid monetary compensation by the
employer to participate; or (iii) the employee was ordered or
directed by the employer to participate or reasonably
believed the employee was ordered or directed to participate.
(3) "Alternative commute mode" means (a) a carpool or
vanpool arrangement whereby a group of at least two but not
more than fifteen persons including passengers and driver, is
transported between their places of abode or termini near
those places, and their places of employment or educational
or other institutions, where the driver is also on the way to or
from his or her place of employment or educational or other
institution; (b) a bus, ferry, or other public transportation service; or (c) a nonmotorized means of commuting such as
bicycling or walking. [1997 c 250 § 10; 1995 c 179 § 1; 1993
c 138 § 1; 1979 c 111 § 15; 1977 ex.s. c 350 § 8; 1961 c 107
§ 3.]
51.08.013
Severability—1979 c 111: See note following RCW 46.74.010.
51.08.014
51.08.014 "Agriculture." "Agriculture" means the
business of growing or producing any agricultural or horticultural produce or crop, including the raising of any animal,
[Title 51 RCW—page 5]
51.08.015
Title 51 RCW: Industrial Insurance
bird, or insect, or the milk, eggs, wool, fur, meat, honey, or
other substances obtained therefrom. [1971 ex.s. c 289 § 75.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.015 "Amount," "payment," "premium,"
"contribution," "assessment." Wherever and whenever in
any of the provisions of this title relating to any payments by
an employer or worker the words "amount" and/or
"amounts," "payment" and/or "payments," "premium" and/or
"premiums," "contribution" and/or "contributions," and
"assessment" and/or "assessments" appear said words shall
be construed to mean taxes, which are the money payments
by an employer or worker which are required by this title to
be made to the state treasury for the accident fund, the medical aid fund, the supplemental pension fund, or any other
fund created by this title. [1977 ex.s. c 350 § 9; 1972 ex.s. c
43 § 3; 1961 c 23 § 51.08.015. Prior: 1959 c 308 § 25.]
51.08.015
51.08.018 "Average monthly wage." For purposes of
this title, the average monthly wage in the state shall be the
average annual wage as determined under RCW 50.04.355 as
now or hereafter amended divided by twelve. [1977 ex.s. c
323 § 3; 1971 ex.s. c 289 § 15.]
51.08.018
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.020 "Beneficiary." "Beneficiary" means a husband, wife, child, or dependent of a worker in whom shall
vest a right to receive payment under this title: PROVIDED,
That a husband or wife of an injured worker, living separate
and apart in a state of abandonment, regardless of the party
responsible therefor, for more than one year at the time of the
injury or subsequently, shall not be a beneficiary. A spouse
who has lived separate and apart from the other spouse for the
period of two years and who has not, during that time,
received, or attempted by process of law to collect, funds for
maintenance, shall be deemed living in a state of abandonment. [1977 ex.s. c 350 § 10; 1973 1st ex.s. c 154 § 91; 1961
c 23 § 51.08.020. Prior: 1957 c 70 § 6; prior: (i) 1939 c 41 §
2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182
§ 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74
§ 3, part; RRS § 7675, part. (ii) 1949 c 219 § 1, part; 1947 c
246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923
c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913
c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679,
part.]
51.08.020
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.08.030 "Child." "Child" means every natural born
child, posthumous child, stepchild, child legally adopted
prior to the injury, child born after the injury where conception occurred prior to the injury, and dependent child in the
legal custody and control of the worker, all while under the
age of eighteen years, or under the age of twenty-three years
while permanently enrolled at a full time course in an accredited school, and over the age of eighteen years if the child is
a dependent as a result of a physical, mental, or sensory handicap. [1986 c 293 § 1; 1980 c 14 § 4. Prior: 1977 ex.s. c 323
51.08.030
[Title 51 RCW—page 6]
§ 4; 1977 ex.s. c 80 § 36; 1975-’76 2nd ex.s. c 42 § 37; 1972
ex.s. c 65 § 1; 1969 ex.s. c 77 § 1; 1961 c 23 § 51.08.030;
prior: 1957 c 70 § 7; prior: (i) 1939 c 41 § 2, part; 1929 c 132
§ 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c
131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS
§ 7675, part. (ii) 1941 c 209 § 3, part; Rem. Supp. 1941 §
7679, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
51.08.040 "Department." "Department" means
department of labor and industries. [1961 c 23 § 51.08.040.]
51.08.040
Department of labor and industries: Chapter 43.22 RCW.
51.08.050 "Dependent." "Dependent" means any of
the following named relatives of a worker whose death
results from any injury and who leaves surviving no widow,
widower, or child, viz: Father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter,
brother, sister, half-sister, half-brother, niece, nephew, who at
the time of the accident are actually and necessarily dependent in whole or in part for their support upon the earnings of
the worker. [1997 c 325 § 6; 1977 ex.s. c 350 § 11; 1961 c 23
§ 51.08.050. Prior: 1957 c 70 § 8; prior: 1939 c 41 § 2, part;
1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2,
part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3,
part; RRS § 7675, part.]
51.08.050
51.08.060 "Director." "Director" means the director of
labor and industries. [1961 c 23 § 51.08.060.]
51.08.060
51.08.070 "Employer"—Exception. "Employer"
means any person, body of persons, corporate or otherwise,
and the legal representatives of a deceased employer, all
while engaged in this state in any work covered by the provisions of this title, by way of trade or business, or who contracts with one or more workers, the essence of which is the
personal labor of such worker or workers. Or as an exception
to the definition of employer, persons or entities are not
employers when they contract or agree to remunerate the services performed by an individual who meets the tests set forth
in subsections (1) through (6) of RCW 51.08.195 or the separate tests set forth in RCW 51.08.181 for work performed
that requires registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW. [2008 c 102 § 2; 1991 c 246
§ 2; 1981 c 128 § 1; 1977 ex.s. c 350 § 12; 1971 ex.s. c 289 §
1; 1961 c 23 § 51.08.070. Prior: 1957 c 70 § 9; prior: (i)
1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part;
1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1,
part; 1911 c 74 § 3, part; RRS § 7675, part. (ii) 1949 c 219 §
1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310
§ 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.08.070
Conflict with federal requirements—2008 c 102: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
(2008 Ed.)
Definitions
conflict, and such finding or determination may not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [2008 c 102 § 6.]
Severability—2008 c 102: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 102 § 7.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.095 "Health services provider"—"Provider."
"Health services provider" or "provider" means any person,
firm, corporation, partnership, association, agency, institution, or other legal entity providing any kind of services
related to the treatment of an industrially injured worker.
[1986 c 200 § 12.]
51.08.095
51.08.100 "Injury." "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such
physical conditions as result therefrom. [1961 c 23 §
51.08.100. Prior: 1959 c 308 § 3; 1957 c 70 § 12; prior: 1939
c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921
c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part;
1911 c 74 § 3, part; RRS § 7675, part.]
51.08.100
51.08.110 "Invalid." "Invalid" means one who is physically or mentally incapacitated from earning. [1961 c 23 §
51.08.110. Prior: 1957 c 70 § 13; prior: 1939 c 41 § 2, part;
1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2,
part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3,
part; RRS § 7675, part.]
51.08.110
51.08.140 "Occupational disease." "Occupational disease" means such disease or infection as arises naturally and
proximately out of employment under the mandatory or elective adoption provisions of this title. [1961 c 23 § 51.08.140.
Prior: 1959 c 308 § 4; 1957 c 70 § 16; prior: 1951 c 236 § 1;
1941 c 235 § 1, part; 1939 c 135 § 1, part; 1937 c 212 § 1,
part; Rem. Supp. 1941 § 7679-1, part.]
51.08.140
51.08.178
part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.08.160 "Permanent total disability." "Permanent
total disability" means loss of both legs, or arms, or one leg
and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the worker from performing
any work at any gainful occupation. [1977 ex.s. c 350 § 13;
1961 c 23 § 51.08.160. Prior: 1957 c 70 § 18; prior: 1949 c
219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927
c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part;
1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part;
Rem. Supp. 1949 § 7679, part.]
51.08.160
51.08.173 "Self-insurer." "Self-insurer" means an
employer or group of employers which has been authorized
under this title to carry its own liability to its employees covered by this title. [1983 c 174 § 1; 1971 ex.s. c 289 § 80.]
51.08.173
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.175 "State fund"—"State of Washington
industrial insurance fund." "State fund" means those funds
held by the state or any agency thereof for the purposes of this
title. The "state of Washington industrial insurance fund"
means the department when acting as the agency to insure the
industrial insurance obligation of employers. The terms "state
fund" and "state of Washington industrial insurance fund"
shall be deemed synonymous when applied to the functions
of the department connected with the insuring of employers
who secure the payment of industrial insurance benefits
through the state. The director shall manage the state fund
and the state of Washington industrial insurance fund and
shall have such powers as are necessary to carry out its functions and may reinsure any risk insured by the state fund.
[1977 ex.s. c 323 § 5; 1972 ex.s. c 43 § 5; 1971 ex.s. c 289 §
88.]
51.08.175
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.177 "Successor." "Successor" means any person
to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or
indirectly, in bulk and not in the ordinary course of the taxpayer’s business, a major part of the property, whether real or
personal, tangible or intangible, of the taxpayer. [2004 c 243
§ 1; 1986 c 9 § 3.]
51.08.177
51.08.142 "Occupational disease"—Exclusion of
mental conditions caused by stress. The department shall
adopt a rule pursuant to chapter 34.05 RCW that claims based
on mental conditions or mental disabilities caused by stress
do not fall within the definition of occupational disease in
RCW 51.08.140. [1988 c 161 § 16.]
Adoption of rules—2004 c 243: "The department shall adopt rules to
implement this act." [2004 c 243 § 10.]
51.08.150 "Permanent partial disability." "Permanent partial disability" means the loss of either one foot, one
leg, one hand, one arm, one eye, one or more fingers, one or
more toes, any dislocation where ligaments were severed
where repair is not complete, or any other injury known in
surgery to be permanent partial disability. [1961 c 23 §
51.08.150. Prior: 1957 c 70 § 17; prior: 1949 c 219 § 1, part;
1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4,
part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1,
51.08.178 "Wages"—Monthly wages as basis of compensation—Computation thereof. (1) For the purposes of
this title, the monthly wages the worker was receiving from
all employment at the time of injury shall be the basis upon
which compensation is computed unless otherwise provided
specifically in the statute concerned. In cases where the
worker’s wages are not fixed by the month, they shall be
determined by multiplying the daily wage the worker was
receiving at the time of the injury:
51.08.142
51.08.150
(2008 Ed.)
51.08.178
[Title 51 RCW—page 7]
51.08.180
Title 51 RCW: Industrial Insurance
(a) By five, if the worker was normally employed one
day a week;
(b) By nine, if the worker was normally employed two
days a week;
(c) By thirteen, if the worker was normally employed
three days a week;
(d) By eighteen, if the worker was normally employed
four days a week;
(e) By twenty-two, if the worker was normally employed
five days a week;
(f) By twenty-six, if the worker was normally employed
six days a week;
(g) By thirty, if the worker was normally employed
seven days a week.
The term "wages" shall include the reasonable value of
board, housing, fuel, or other consideration of like nature
received from the employer as part of the contract of hire, but
shall not include overtime pay except in cases under subsection (2) of this section. As consideration of like nature to
board, housing, and fuel, wages shall also include the
employer’s payment or contributions, or appropriate portions
thereof, for health care benefits unless the employer continues ongoing and current payment or contributions for these
benefits at the same level as provided at the time of injury.
However, tips shall also be considered wages only to the
extent such tips are reported to the employer for federal
income tax purposes. The daily wage shall be the hourly
wage multiplied by the number of hours the worker is normally employed. The number of hours the worker is normally employed shall be determined by the department in a
fair and reasonable manner, which may include averaging the
number of hours worked per day.
(2) In cases where (a) the worker’s employment is exclusively seasonal in nature or (b) the worker’s current employment or his or her relation to his or her employment is essentially part-time or intermittent, the monthly wage shall be
determined by dividing by twelve the total wages earned,
including overtime, from all employment in any twelve successive calendar months preceding the injury which fairly
represent the claimant’s employment pattern.
(3) If, within the twelve months immediately preceding
the injury, the worker has received from the employer at the
time of injury a bonus as part of the contract of hire, the average monthly value of such bonus shall be included in determining the worker’s monthly wages.
(4) In cases where a wage has not been fixed or cannot be
reasonably and fairly determined, the monthly wage shall be
computed on the basis of the usual wage paid other employees engaged in like or similar occupations where the wages
are fixed. [2007 c 297 § 1; 1988 c 161 § 12; 1980 c 14 § 5.
Prior: 1977 ex.s. c 350 § 14; 1977 ex.s. c 323 § 6; 1971 ex.s.
c 289 § 14.]
Application—2007 c 297 § 1: "Section 1 of this act applies to all wage
determinations issued on or after July 22, 2007." [2007 c 297 § 2.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.180 "Worker"—Exceptions. "Worker" means
every person in this state who is engaged in the employment
51.08.180
[Title 51 RCW—page 8]
of an employer under this title, whether by way of manual
labor or otherwise in the course of his or her employment;
also every person in this state who is engaged in the employment of or who is working under an independent contract, the
essence of which is his or her personal labor for an employer
under this title, whether by way of manual labor or otherwise,
in the course of his or her employment, or as an exception to
the definition of worker, a person is not a worker if he or she
meets the tests set forth in subsections (1) through (6) of
RCW 51.08.195 or the separate tests set forth in RCW
51.08.181 for work performed that requires registration under
chapter 18.27 RCW or licensing under chapter 19.28 RCW:
PROVIDED, That a person is not a worker for the purpose of
this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a
common or contract carrier. [2008 c 102 § 3; 1991 c 246 § 3;
1987 c 175 § 3; 1983 c 97 § 1; 1982 c 80 § 1; 1981 c 128 § 2;
1977 ex.s. c 350 § 15; 1961 c 23 § 51.08.180. Prior: 1957 c
70 § 20; prior: (i) 1939 c 41 § 2, part; 1929 c 132 § 1, part;
1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2,
part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675,
part. (ii) 1937 c 211 § 2; RRS § 7674-1.]
Conflict with federal requirements—Severability—2008 c 102: See
notes following RCW 51.08.070.
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
51.08.181 "Worker"--Registered contractor and
electrician exclusions. For the purposes of this title, any
individual performing services that require registration under
chapter 18.27 RCW or licensing under chapter 19.28 RCW
for remuneration under an independent contract is not a
worker when:
(1) The individual has been, and will continue to be, free
from control or direction over the performance of the service,
both under the contract of service and in fact;
(2) The service is either outside the usual course of business for which the service is performed, or the service is performed outside all of the places of business of the enterprise
for which the service is performed, or the individual is
responsible, both under the contract and in fact, for the costs
of the principal place of business from which the service is
performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business,
of the same nature as that involved in the contract of service,
or the individual has a principal place of business for the
business the individual is conducting that is eligible for a
business deduction for federal income tax purposes other
than that furnished by the employer for which the business
has contracted to furnish services;
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a
schedule of expenses with the internal revenue service for the
type of business the individual is conducting;
(5) On the effective date of the contract of service, or
within a reasonable period after the effective date of the contract, the individual has an active and valid certificate of registration with the department of revenue, and an active and
valid account with any other state agencies as required by the
51.08.181
(2008 Ed.)
Employments and Occupations Covered
particular case, for the business the individual is conducting
for the payment of all state taxes normally paid by employers
and businesses and has registered for and received a unified
business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
which the individual is conducting; and
(7) On the effective date of the contract of service, the
individual has a valid contractor registration pursuant to
chapter 18.27 RCW or an electrical contractor license pursuant to chapter 19.28 RCW. [2008 c 102 § 5.]
Conflict with federal requirements—Severability—2008 c 102: See
notes following RCW 51.08.070.
51.08.185 "Employee." "Employee" shall have the
same meaning as "worker" when the context would so indicate, and shall include all officers of the state, state agencies,
counties, municipal corporations, or other public corporations, or political subdivisions. [1977 ex.s. c 350 § 16; 1972
ex.s. c 43 § 4.]
51.12.020
which the individual is conducting. [2008 c 102 § 4; 1991 c
246 § 1.]
Conflict with federal requirements—Severability—2008 c 102: See
notes following RCW 51.08.070.
Effective date—1991 c 246: "This act shall take effect January 1,
1992." [1991 c 246 § 10.]
Conflict with federal requirements—1991 c 246: "If any part of this
act is found to be in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the operation of
the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the
state or the granting of federal unemployment tax credits to employers in this
state." [1991 c 246 § 9.]
51.08.185
51.08.195 "Employer" and "worker"—Additional
exception. As an exception to the definition of "employer"
under RCW 51.08.070 and the definition of "worker" under
RCW 51.08.180, services performed by an individual for
remuneration shall not constitute employment subject to this
title if it is shown that:
(1) The individual has been and will continue to be free
from control or direction over the performance of the service,
both under the contract of service and in fact; and
(2) The service is either outside the usual course of business for which the service is performed, or the service is performed outside all of the places of business of the enterprise
for which the service is performed, or the individual is
responsible, both under the contract and in fact, for the costs
of the principal place of business from which the service is
performed; and
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business,
of the same nature as that involved in the contract of service,
or the individual has a principal place of business for the
business the individual is conducting that is eligible for a
business deduction for federal income tax purposes; and
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a
schedule of expenses with the internal revenue service for the
type of business the individual is conducting; and
(5) On the effective date of the contract of service, or
within a reasonable period after the effective date of the contract, the individual has established an account with the
department of revenue, and other state agencies as required
by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by
employers and businesses and has registered for and received
a unified business identifier number from the state of Washington; and
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
Chapter 51.12 RCW
EMPLOYMENTS AND OCCUPATIONS COVERED
Chapter 51.12
Sections
51.12.010
51.12.020
51.12.025
51.08.195
(2008 Ed.)
51.12.035
51.12.045
51.12.050
51.12.060
51.12.070
51.12.080
51.12.090
51.12.095
51.12.100
51.12.102
51.12.110
51.12.120
51.12.130
51.12.140
51.12.150
51.12.160
51.12.170
Employments included—Declaration of policy.
Employments excluded.
Persons working on parents’ family farms—Optional exclusion from coverage.
Volunteers.
Offenders performing community restitution.
Public entity work—Partnerships with volunteer groups and
businesses for community improvement projects.
Federal projects.
Work done by contract—Subcontractors.
Railway employees.
Intrastate and interstate commerce.
Common carrier employees—Owners and operators of trucks.
Maritime occupations—Segregation of payrolls—Common
enterprise—Geoduck harvesting.
Maritime workers—Asbestos-related disease.
Elective adoption—Withdrawal—Cancellation.
Extraterritorial coverage.
Registered apprentices or trainees.
Volunteer law enforcement officers.
Musicians and entertainers.
Foreign degree-granting institutions—Employee services in
country of domicile.
Student volunteers.
Ferry system employees: RCW 47.64.070.
Health and safety of underground workers: Chapter 49.24 RCW.
51.12.010 Employments included—Declaration of
policy. There is a hazard in all employment and it is the purpose of this title to embrace all employments which are
within the legislative jurisdiction of the state.
This title shall be liberally construed for the purpose of
reducing to a minimum the suffering and economic loss arising from injuries and/or death occurring in the course of
employment. [1972 ex.s. c 43 § 6; 1971 ex.s. c 289 § 2; 1961
c 23 § 51.12.010. Prior: 1959 c 55 § 1; 1955 c 74 § 2; prior:
(i) 1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939 c 41 § 1,
part; 1937 c 211 § 1, part; 1927 c 310 § 1, part; 1921 c 182 §
1, part; 1919 c 131 § 1, part; 1911 c 74 § 2, part; Rem. Supp.
1947 § 7674, part. (ii) 1923 c 128 § 1, part; RRS § 7674a,
part.]
51.12.010
51.12.020 Employments excluded. (Effective until
July 1, 2009.) The following are the only employments
which shall not be included within the mandatory coverage of
this title:
51.12.020
[Title 51 RCW—page 9]
51.12.020
Title 51 RCW: Industrial Insurance
(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees
regularly employed forty or more hours a week in such
employment.
(2) Any person employed to do gardening, maintenance,
or repair, in or about the private home of the employer. For
the purposes of this subsection, "maintenance" means the
work of keeping in proper condition, "repair" means to
restore to sound condition after damage, and "private home"
means a person’s place of residence.
(3) A person whose employment is not in the course of
the trade, business, or profession of his or her employer and
is not in or about the private home of the employer.
(4) Any person performing services in return for aid or
sustenance only, received from any religious or charitable
organization.
(5) Sole proprietors or partners.
(6) Any child under eighteen years of age employed by
his or her parent or parents in agricultural activities on the
family farm.
(7) Jockeys while participating in or preparing horses for
race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.
(8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected
or voluntarily appointed in accordance with the articles of
incorporation or bylaws of the corporation, who at all times
during the period involved is also a bona fide director, and
who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management
of the corporation and whose primary responsibilities do not
include the performance of manual labor are included within
this subsection.
(b) Alternatively, a corporation that is not a "public company" as defined in *RCW 23B.01.400(21) may exempt eight
or fewer bona fide officers, who are voluntarily elected or
voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation,
from coverage under this title without regard to the officers’
performance of manual labor if the exempted officer is a
shareholder of the corporation, or may exempt any number of
officers if all the exempted officers are related by blood
within the third degree or marriage. If a corporation that is not
a "public company" elects to be covered under subsection
(8)(a) of this section, the corporation’s election must be made
on a form prescribed by the department and under such reasonable rules as the department may adopt.
(c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by
reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For
the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage
under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving
as workers.
(d) A corporation may elect to cover officers who are
exempted by this subsection in the manner provided by RCW
51.12.110.
[Title 51 RCW—page 10]
(9) Services rendered by a musician or entertainer under
a contract with a purchaser of the services, for a specific
engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not
regularly and continuously employed by the purchaser. A
purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
(10) Services performed by a newspaper carrier selling
or distributing newspapers on the street or from house to
house.
(11) Services performed by an insurance agent, insurance broker, or insurance solicitor, as defined in RCW
**48.17.010, ***48.17.020, and ***48.17.030, respectively.
(12) Services performed by a booth renter as defined in
****RCW 18.16.020. However, a person exempted under
this subsection may elect coverage under RCW 51.32.030.
(13) Members of a limited liability company, if either:
(a) Management of the company is vested in its members, and the members for whom exemption is sought would
qualify for exemption under subsection (5) of this section
were the company a sole proprietorship or partnership; or
(b) Management of the company is vested in one or more
managers, and the members for whom the exemption is
sought are managers who would qualify for exemption under
subsection (8) of this section were the company a corporation. [1999 c 68 § 1; 1997 c 314 § 18. Prior: 1991 c 324 § 18;
1991 c 246 § 4; 1987 c 316 § 2; 1983 c 252 § 1; 1982 c 63 §
15; 1981 c 128 § 3; 1979 c 128 § 1; 1977 ex.s. c 323 § 7; 1973
c 124 § 1; 1972 ex.s. c 43 § 7; 1971 ex.s. c 289 § 3; 1961 c 23
§ 51.12.020; prior: 1955 c 74 § 3; prior: 1947 c 281 § 1, part;
1943 c 210 § 1, part; 1939 c 41 § 1, part; 1937 c 211 § 1, part;
1927 c 310 § 1, part; 1921 c 182 § 1, part; 1919 c 131 § 1,
part; 1911 c 74 § 2, part; Rem. Supp. 1947 § 7674, part.]
Reviser’s note: *(1) RCW 23B.01.400 was amended by 2000 c 168 §
1, changing subsection (21) to subsection (22); and was subsequently
amended by 2002 c 297 § 9, changing subsection (22) to subsection (24).
**(2) RCW 48.17.010 was amended by 2007 c 117 § 1, deleting the
definition of "agent," effective July 1, 2009.
***(3) RCW 48.17.020 and 48.17.030 were repealed by 2007 c 117 §
39, effective July 1, 2009.
****(4) RCW 18.16.020 was amended by 2002 c 111 § 2, deleting the
definition of "booth renter."
Severability—1991 c 324: See RCW 18.16.910.
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.12.020 Employments excluded. (Effective July 1,
2009.) The following are the only employments which shall
not be included within the mandatory coverage of this title:
(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees
regularly employed forty or more hours a week in such
employment.
(2) Any person employed to do gardening, maintenance,
or repair, in or about the private home of the employer. For
the purposes of this subsection, "maintenance" means the
work of keeping in proper condition, "repair" means to
51.12.020
(2008 Ed.)
Employments and Occupations Covered
restore to sound condition after damage, and "private home"
means a person’s place of residence.
(3) A person whose employment is not in the course of
the trade, business, or profession of his or her employer and
is not in or about the private home of the employer.
(4) Any person performing services in return for aid or
sustenance only, received from any religious or charitable
organization.
(5) Sole proprietors or partners.
(6) Any child under eighteen years of age employed by
his or her parent or parents in agricultural activities on the
family farm.
(7) Jockeys while participating in or preparing horses for
race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.
(8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected
or voluntarily appointed in accordance with the articles of
incorporation or bylaws of the corporation, who at all times
during the period involved is also a bona fide director, and
who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management
of the corporation and whose primary responsibilities do not
include the performance of manual labor are included within
this subsection.
(b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400(24) may exempt eight
or fewer bona fide officers, who are voluntarily elected or
voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation,
from coverage under this title without regard to the officers’
performance of manual labor if the exempted officer is a
shareholder of the corporation, or may exempt any number of
officers if all the exempted officers are related by blood
within the third degree or marriage. If a corporation that is
not a "public company" elects to be covered under subsection
(8)(a) of this section, the corporation’s election must be made
on a form prescribed by the department and under such reasonable rules as the department may adopt.
(c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by
reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For
the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage
under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving
as workers.
(d) A corporation may elect to cover officers who are
exempted by this subsection in the manner provided by RCW
51.12.110.
(9) Services rendered by a musician or entertainer under
a contract with a purchaser of the services, for a specific
engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not
regularly and continuously employed by the purchaser. A
purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
(2008 Ed.)
51.12.035
(10) Services performed by a newspaper carrier selling
or distributing newspapers on the street or from house to
house.
(11) Services performed by an insurance producer, as
defined in RCW 48.17.010(5).
(12) Services performed by a booth renter. However, a
person exempted under this subsection may elect coverage
under RCW 51.32.030.
(13) Members of a limited liability company, if either:
(a) Management of the company is vested in its members, and the members for whom exemption is sought would
qualify for exemption under subsection (5) of this section
were the company a sole proprietorship or partnership; or
(b) Management of the company is vested in one or more
managers, and the members for whom the exemption is
sought are managers who would qualify for exemption under
subsection (8) of this section were the company a corporation. [2008 c 217 § 98; 1999 c 68 § 1; 1997 c 314 § 18. Prior:
1991 c 324 § 18; 1991 c 246 § 4; 1987 c 316 § 2; 1983 c 252
§ 1; 1982 c 63 § 15; 1981 c 128 § 3; 1979 c 128 § 1; 1977
ex.s. c 323 § 7; 1973 c 124 § 1; 1972 ex.s. c 43 § 7; 1971 ex.s.
c 289 § 3; 1961 c 23 § 51.12.020; prior: 1955 c 74 § 3; prior:
1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939 c 41 § 1, part;
1937 c 211 § 1, part; 1927 c 310 § 1, part; 1921 c 182 § 1,
part; 1919 c 131 § 1, part; 1911 c 74 § 2, part; Rem. Supp.
1947 § 7674, part.]
Severability—Effective date—2008 c 217: See notes following RCW
48.03.020.
Severability—1991 c 324: See RCW 18.16.910.
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.12.025 Persons working on parents’ family
farms—Optional exclusion from coverage. (1) The parent
or parents of a person at least eighteen years of age but under
twenty-one years of age may elect to exclude from mandatory
coverage under this title the parent’s employment of that person in agricultural activities on their family farm if:
(a) The person resides with his or her parent or parents or
resides on their family farm; and
(b) The parent or parents file a written notice with the
department electing exclusion from coverage.
(2) A parent or parents who have elected to exclude a
person under this subsection may subsequently obtain coverage for that person under RCW 51.12.110. [1996 c 8 § 1.]
51.12.025
51.12.035 Volunteers. (1) Volunteers shall be deemed
employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36
RCW.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for the state or any agency
thereof, except emergency services workers as described by
chapter 38.52 RCW, brought about by one’s own free choice,
receives no wages, and is registered and accepted as a volunteer by the state or any agency thereof, prior to the occurrence
of the injury or the contraction of an occupational disease, for
51.12.035
[Title 51 RCW—page 11]
51.12.045
Title 51 RCW: Industrial Insurance
the purpose of engaging in authorized volunteer service:
PROVIDED, That such person shall be deemed to be a volunteer although he or she may be granted maintenance and
reimbursement for actual expenses necessarily incurred in
performing his or her assigned or authorized duties.
Any and all premiums or assessments due under this title
on account of such volunteer service shall be the obligation of
and be paid by the state or any agency thereof which has registered and accepted the services of volunteers.
(2) Except as provided in RCW 51.12.050, volunteers
may be deemed employees and/or workers, as the case may
be, for all purposes relating to medical aid benefits under
chapter 51.36 RCW at the option of any city, county, town,
special district, municipal corporation, or political subdivision of any type, or any private nonprofit charitable organization, when any such unit of local government or any such
nonprofit organization has given notice of covering all of its
volunteers to the director prior to the occurrence of the injury
or contraction of an occupational disease.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for any such unit of local government, or any such organization, except emergency services workers as described by chapter 38.52 RCW, or firefighters covered by chapter 41.24 RCW, brought about by
one’s own free choice, receives no wages, and is registered
and accepted as a volunteer by any such unit of local government, or any such organization which has given such notice,
for the purpose of engaging in authorized volunteer services:
PROVIDED, That such person shall be deemed to be a volunteer although he or she may be granted maintenance and
reimbursement for actual expenses necessarily incurred in
performing his or her assigned or authorized duties: PROVIDED FURTHER, That juveniles performing community
restitution under chapter 13.40 RCW may not be granted coverage as volunteers under this section.
Any and all premiums or assessments due under this title
on account of such volunteer service for any such unit of
local government, or any such organization shall be the obligation of and be paid by such organization which has registered and accepted the services of volunteers and exercised its
option to secure the medical aid benefits under chapter 51.36
RCW for such volunteers. [2002 c 175 § 39; 2001 c 138 § 3;
1981 c 266 § 3; 1977 ex.s. c 350 § 17; 1975 1st ex.s. c 79 § 1;
1974 ex.s. c 171 § 44; 1971 c 20 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Purpose—2001 c 138: See note following RCW 51.12.050.
51.12.045 Offenders performing community restitution. Offenders performing community restitution pursuant
to court order or under RCW 13.40.080 may be deemed
employees and/or workers under this title at the option of the
state, county, city, town, or nonprofit organization under
whose authorization the community restitution is performed.
Any premiums or assessments due under this title for community restitution work shall be the obligation of and be paid
for by the state agency, county, city, town, or nonprofit organization for which the offender performed the community
restitution. Coverage commences when a state agency,
county, city, town, or nonprofit organization has given notice
to the director that it wishes to cover offenders performing
51.12.045
[Title 51 RCW—page 12]
community restitution before the occurrence of an injury or
contraction of an occupational disease. [2002 c 175 § 40;
1986 c 193 § 1; 1984 c 24 § 4; 1981 c 266 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Offenders treated as employees or workers by local governments: RCW
35.21.209, 35A.21.220, 36.16.139.
51.12.050 Public entity work—Partnerships with
volunteer groups and businesses for community improvement projects. (1) Whenever a public entity engages in any
work, or let a contract therefor, in which workers are
employed for wages, this title shall be applicable thereto. The
employer’s payments into the accident fund shall be made
from the treasury of the public entity. If the work is being
done by contract, the payroll of the contractor and the subcontractor shall be the basis of computation and, in the case
of contract work consuming less than one year in performance, the required payment into the accident fund shall be
based upon the total payroll. The contractor and any subcontractor shall be subject to the provisions of this title, and the
state for its general fund, the county, municipal corporation,
or other taxing district shall be entitled to collect from the
contractor the full amount payable to the accident fund and
the contractor, in turn, shall be entitled to collect from the
subcontractor his or her proportionate amount of the payment.
(2)(a) A public entity may seek partnerships with volunteer groups and businesses to engage in community improvement projects to benefit the public entity. In administering a
project, the public entity must:
(i) Provide prospective donors and participants written
notice of the risks and responsibilities to be assumed by the
public entity and the donors or participants. A volunteer
donating labor on the project must, before beginning work,
document in writing that he or she has received the notice and
that he or she is donating labor as a result of his or her own
free choice; and
(ii) Pay premiums and assessments required under this
title to secure medical aid benefits under chapter 51.36 RCW
for volunteers donating labor on the project.
(b) A contractor or employer donating equipment or
materials for use on a community improvement project shall
not, for the purposes of this title, be considered the employer
of an individual donating labor unless the contractor or
employer pays the individual wages for working on the
project or makes working on the project a condition of
employment. This subsection applies regardless of whether:
(i) The contractor or employer informs the individual
about the community improvement project or encourages the
individual to donate labor on the project;
(ii) The individual uses equipment or materials on the
project that are donated by the contractor or the individual’s
employer; or
(iii) The individual is granted maintenance or reimbursement for actual expenses necessarily incurred in performing
labor for the project.
(3) Whenever and so long as, by state law, city charter,
or municipal ordinance, provision is made for employees or
peace officers injured in the course of employment, such
employees shall not be entitled to the benefits of this title and
shall not be included in the payroll of the municipality under
51.12.050
(2008 Ed.)
Employments and Occupations Covered
this title: PROVIDED, That whenever any state law, city
charter, or municipal ordinance only provides for payment to
the employee of the difference between his or her actual
wages and that received under this title such employees shall
be entitled to the benefits of this title and may be included in
the payroll of the municipality.
(4) The definitions in this subsection apply throughout
this section, unless the context clearly requires otherwise.
(a) "Community improvement project" means a project
sponsored by a public entity that uses donated labor, materials, or equipment and includes, but is not limited to, projects
to repair, restore, or preserve historic property.
(b) "Historic property" means real property owned by a
public entity including, but not limited to, barns, schools,
military structures, and cemeteries.
(c) "Public entity" means the state, county, any municipal corporation, or other taxing district. [2001 c 138 § 2;
1977 ex.s. c 350 § 18; 1972 ex.s. c 43 § 8; 1961 c 23 §
51.12.050. Prior: 1955 c 74 § 6; prior: (i) 1923 c 136 § 5,
part; 1921 c 182 § 8, part; 1915 c 188 § 6, part; 1911 c 74 §
17, part; RRS § 7692, part. (ii) 1923 c 128 § 1, part; RRS §
7674a, part.]
Finding—Purpose—2001 c 138: "The legislature finds that government and business partnerships on projects for community improvement can
assist communities to preserve historic property and create opportunities for
volunteer service. The legislature also recognizes that uncertainty about risks
and obligations may deter employers who would otherwise be willing to
donate materials and equipment to a community project. The purpose of this
act is to encourage participation by establishing clear criteria for determining
industrial insurance obligations with respect to donated labor on certain
community projects." [2001 c 138 § 1.]
51.12.080
For the purposes of this section, a contractor registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW is not responsible for any premiums upon the work of
any subcontractor if:
(1) The subcontractor is currently engaging in a business
which is registered under chapter 18.27 RCW or licensed
under chapter 19.28 RCW;
(2) The subcontractor has a principal place of business
which would be eligible for a business deduction for internal
revenue service tax purposes other than that furnished by the
contractor for which the business has contracted to furnish
services;
(3) The subcontractor maintains a separate set of books
or records that reflect all items of income and expenses of the
business;
(4) The subcontractor has contracted to perform:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW; and
(5) The subcontractor has an industrial insurance
account in good standing with the department or is a selfinsurer. For the purposes of this subsection, a contractor may
consider a subcontractor’s account to be in good standing if,
within a year prior to letting the contract or master service
agreement, and at least once a year thereafter, the contractor
has verified with the department that the account is in good
standing and the contractor has not received written notice
from the department that the subcontractor’s account status
has changed. Acceptable documentation of verification
includes a department document which includes an issued
date or a dated printout of information from the department’s
internet web site showing a subcontractor’s good standing.
The department shall develop an approach to provide contractors with verification of the date of inquiries validating
that the subcontractor’s account is in good standing.
It is unlawful for any county, city, or town to issue a construction building permit to any person who has not submitted to the department an estimate of payroll and paid premium thereon as provided by chapter 51.16 RCW of this title
or proof of qualification as a self-insurer. [2004 c 243 § 2;
1981 c 128 § 4; 1971 ex.s. c 289 § 81; 1965 ex.s. c 20 § 1;
1961 c 23 § 51.12.070. Prior: 1955 c 74 § 7; prior: 1923 c
136 § 5, part; 1921 c 182 § 8, part; 1915 c 188 § 6, part; 1911
c 74 § 17, part; RRS § 7692, part.]
51.12.060 Federal projects. The application of this
title and related safety laws is hereby extended to all lands
and premises owned or held by the United States of America,
by deed or act of cession, by purchase or otherwise, which are
within the exterior boundaries of the state of Washington, and
to all projects, buildings, constructions, improvements, and
property belonging to the United States of America, which
are within the exterior boundaries of the state, in the same
way and to the same extent as if said premises were under the
exclusive jurisdiction of the state, and as fully as is permitted
under the provisions of that act of the congress of the United
States approved June 25, 1936, granting to the several states
jurisdiction and authority to apply their state workers’ compensation laws on all property and premises belonging to the
United States of America, being 49 United States Statutes at
large 1938, title 40, section 290 United States code, 1958 edition: PROVIDED, That this title shall not apply to employees of the United States of America. [1977 ex.s. c 350 § 19;
1961 c 23 § 51.12.060. Prior: 1937 c 147 § 1; RRS § 7676-2.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.12.070 Work done by contract—Subcontractors.
The provisions of this title apply to all work done by contract;
the person, firm, or corporation who lets a contract for such
work is responsible primarily and directly for all premiums
upon the work. The contractor and any subcontractor are
subject to the provisions of this title and the person, firm, or
corporation letting the contract is entitled to collect from the
contractor the full amount payable in premiums and the contractor in turn is entitled to collect from the subcontractor his
or her proportionate amount of the payment.
51.12.080 Railway employees. Inasmuch as it has
proved impossible in the case of employees of common carriers by railroad, engaged in maintenance and operation of
railways doing interstate, foreign and intrastate commerce,
and in maintenance and construction of their equipment, to
separate and distinguish the connection of such employees
with interstate or foreign commerce from their connection
with intrastate commerce, and such employees have, in fact,
received no compensation under this title, the provisions of
this title shall not apply to work performed by such employ-
51.12.060
51.12.070
(2008 Ed.)
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
51.12.080
[Title 51 RCW—page 13]
51.12.090
Title 51 RCW: Industrial Insurance
ees in the maintenance and operation of such railroads or performed in the maintenance or construction of their equipment, or to the employees of such common carriers by railroad engaged therein, but nothing herein shall be construed as
excluding from the operation of this title railroad construction work, or the employees engaged thereon: PROVIDED,
That common carriers by railroad engaged in such interstate
or foreign commerce and in intrastate commerce shall, in all
cases where liability does not exist under the laws of the
United States, be liable in damages to any person suffering
injury while employed by such carrier, or in case of the death
of such employee, to the surviving spouse and child, or children, and if no surviving spouse or child or children, then to
the parents, minor sisters, or minor brothers, residents of the
United States at the time of such death, and who were dependent upon such deceased for support, to the same extent and
subject to the same limitations as the liability now existing, or
hereafter created, by the laws of the United States governing
recoveries by railroad employees injured while engaged in
interstate commerce: PROVIDED FURTHER, That if any
interstate common carrier by railroad shall also be engaged in
one or more intrastate enterprises or industries (including
street railways and power plants) other than its railroad, the
foregoing provisions of this section shall not exclude from
the operation of the other sections of this title or bring under
the foregoing proviso of this section any work of such other
enterprise or industry, the payroll of which may be clearly
separable and distinguishable from the payroll of the maintenance or operation of such railroad, or of the maintenance or
construction of its equipment: PROVIDED FURTHER, That
nothing in this section shall be construed as relieving an independent contractor engaged through or by his employees in
performing work for a common carrier by railroad, from the
duty of complying with the terms of this title, nor as depriving any employee of such independent contractor of the benefits of this title. [1973 1st ex.s. c 154 § 92; 1972 ex.s. c 43 §
9; 1961 c 23 § 51.12.080. Prior: 1925 ex.s. c 84 § 1; 1919 c
67 § 1; 1917 c 29 § 19; 1911 c 74 § 18; RRS § 7693.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.12.090
51.12.090 Intrastate and interstate commerce. The
provisions of this title shall apply to employers and workers
(other than railways and their workers) engaged in intrastate
and also in interstate or foreign commerce, for whom a rule of
liability or method of compensation now exists under or may
hereafter be established by the congress of the United States,
only to the extent that the payroll of such workers may and
shall be clearly separable and distinguishable from the payroll of workers engaged in interstate or foreign commerce:
PROVIDED, That as to workers whose payroll is not so
clearly separable and distinguishable the employer shall in all
cases be liable in damages for injuries to the same extent and
under the same circumstances as is specified in the case of
railroads in the first proviso of RCW 51.12.080: PROVIDED FURTHER, That nothing in this title shall be construed to exclude goods or materials and/or workers brought
into this state for the purpose of engaging in work. [1983 c
170 § 1; 1982 c 63 § 16; 1977 ex.s. c 350 § 20; 1972 ex.s. c
43 § 10; 1961 c 23 § 51.12.090. Prior: 1959 c 308 § 10; 1919
c 67 § 3; RRS § 7695.]
[Title 51 RCW—page 14]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.12.095
51.12.095 Common carrier employees—Owners and
operators of trucks. (1) Common or contract carriers doing
business in this state that are engaged exclusively in interstate
or foreign commerce, or any combination thereof, shall provide coverage under this title for their Washington employees, unless the employer has furnished workers’ compensation insurance coverage under the laws of another state for
the coverage of employees in this state: PROVIDED, That
any common or contract carrier or its successor that formerly
had coverage under this title and by virtue of being exclusively engaged in interstate or foreign commerce, or any
combination thereof, withdrew its acceptance of liability
under this title by filing written notice with the director of the
withdrawal of its acceptance prior to January 2, 1987, shall be
governed by the provisions of this section that were in effect
as of that date.
(2) A person who is domiciled in this state and who owns
and operates a truck engaged in intrastate, interstate, or foreign commerce, or any combination thereof, may elect coverage under this title in the manner provided by RCW
51.32.030, whether or not the truck is leased to a common or
contract carrier. [1989 c 368 § 1; 1983 c 170 § 2.]
Effective date—1989 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 368 § 2.]
51.12.100
51.12.100 Maritime occupations—Segregation of
payrolls—Common enterprise—Geoduck harvesting.
(Effective until January 1, 2009.) (1) Except as otherwise
provided in this section, the provisions of this title shall not
apply to a master or member of a crew of any vessel, or to
employers and workers for whom a right or obligation exists
under the maritime laws or federal employees’ compensation
act for personal injuries or death of such workers.
(2) If an accurate segregation of payrolls of workers for
whom such a right or obligation exists under the maritime
laws cannot be made by the employer, the director is hereby
authorized and directed to fix from time to time a basis for the
approximate segregation of the payrolls of employees to
cover the part of their work for which no right or obligation
exists under the maritime laws for injuries or death occurring
in such work, and the employer, if not a self-insurer, shall pay
premiums on that basis for the time such workers are engaged
in their work.
(3) Where two or more employers are simultaneously
engaged in a common enterprise at one and the same site or
place in maritime occupations under circumstances in which
no right or obligation exists under the maritime laws for personal injuries or death of such workers, such site or place
shall be deemed for the purposes of this title to be the common plant of such employers.
(4) In the event payments are made both under this title
and under the maritime laws or federal employees’ compensation act, such benefits paid under this title shall be repaid by
the worker or beneficiary. For any claims made under the
Jones Act, the employer is deemed a third party, and the
(2008 Ed.)
Employments and Occupations Covered
injured worker’s cause of action is subject to RCW 51.24.030
through 51.24.120.
(5) Commercial divers harvesting geoduck clams under
an agreement made pursuant to RCW 79.135.210, workers
tending to such divers, and the employers of such divers and
tenders shall be subject to the provisions of this title whether
or not such work is performed from a vessel. [2007 c 324 §
1; 1991 c 88 § 3; 1988 c 271 § 2; 1977 ex.s. c 350 § 21; 1975
1st ex.s. c 224 § 3; 1972 ex.s. c 43 § 11; 1961 c 23 §
51.12.100. Prior: 1931 c 79 § 1; 1925 ex.s. c 111 § 1; RRS §
7693a.]
Effective date—Applicability—1988 c 271 §§ 1-4: See note following
RCW 51.12.102.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Ferry system employees in extrahazardous employment: RCW 47.64.070.
51.12.100 Maritime occupations—Segregation of
payrolls—Common enterprise—Geoduck harvesting.
(Effective January 1, 2009.) (1) Except as otherwise provided in this section, the provisions of this title shall not apply
to a master or member of a crew of any vessel, or to employers and workers for whom a right or obligation exists under
the maritime laws or federal employees’ compensation act
for personal injuries or death of such workers.
(2) If an accurate segregation of payrolls of workers for
whom such a right or obligation exists under the maritime
laws cannot be made by the employer, the director is hereby
authorized and directed to fix from time to time a basis for the
approximate segregation of the payrolls of employees to
cover the part of their work for which no right or obligation
exists under the maritime laws for injuries or death occurring
in such work, and the employer, if not a self-insurer, shall pay
premiums on that basis for the time such workers are engaged
in their work.
(3) Where two or more employers are simultaneously
engaged in a common enterprise at one and the same site or
place in maritime occupations under circumstances in which
no right or obligation exists under the maritime laws for personal injuries or death of such workers, such site or place
shall be deemed for the purposes of this title to be the common plant of such employers.
(4) In the event payments are made both under this title
and under the maritime laws or federal employees’ compensation act, such benefits paid under this title shall be repaid by
the worker or beneficiary. For any claims made under the
Jones Act, the employer is deemed a third party, and the
injured worker’s cause of action is subject to RCW 51.24.030
through 51.24.120.
(5) Commercial divers harvesting geoduck clams under
an agreement made pursuant to RCW 79.135.210 and the
employers of such divers shall be subject to the provisions of
this title whether or not such work is performed from a vessel.
[2008 c 70 § 1; 2007 c 324 § 1; 1991 c 88 § 3; 1988 c 271 §
2; 1977 ex.s. c 350 § 21; 1975 1st ex.s. c 224 § 3; 1972 ex.s.
c 43 § 11; 1961 c 23 § 51.12.100. Prior: 1931 c 79 § 1; 1925
ex.s. c 111 § 1; RRS § 7693a.]
51.12.100
Effective date—2008 c 70: "This act takes effect January 1, 2009."
[2008 c 70 § 2.]
Effective date—Applicability—1988 c 271 §§ 1-4: See note following
RCW 51.12.102.
(2008 Ed.)
51.12.102
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Ferry system employees in extrahazardous employment: RCW 47.64.070.
51.12.102 Maritime workers—Asbestos-related disease. (1) The department shall furnish the benefits provided
under this title to any worker or beneficiary who may have a
right or claim for benefits under the maritime laws of the
United States resulting from an asbestos-related disease if (a)
there are objective clinical findings to substantiate that the
worker has an asbestos-related claim for occupational disease
and (b) the worker’s employment history has a prima facie
indicia of injurious exposure to asbestos fibers while
employed in the state of Washington in employment covered
under this title. The department shall render a decision as to
the liable insurer and shall continue to pay benefits until the
liable insurer initiates payments or benefits are otherwise
properly terminated under this title.
(2) The benefits authorized under subsection (1) of this
section shall be paid from the medical aid fund, with the selfinsurers and the state fund each paying a pro rata share, based
on number of worker hours, of the costs necessary to fund the
payments. For the purposes of this subsection only, the
employees of self-insured employers shall pay an amount
equal to one-half of the share charged to the self-insured
employer.
(3) If the department determines that the benefits paid
under subsection (1) of this section are owed to the worker or
beneficiary by a self-insurer or the state fund, then the selfinsurer or state fund shall reimburse the medical aid fund for
all benefits paid and costs incurred by the fund.
(4) If the department determines that the benefits paid
under subsection (1) of this section are owed to the worker or
beneficiary by a federal program other than the federal social
security, old age survivors, and disability insurance act, 42
U.S.C. or an insurer under the maritime laws of the United
States:
(a) The department shall pursue the federal program
insurer on behalf of the worker or beneficiary to recover from
the federal program insurer the benefits due the worker or
beneficiary and on its own behalf to recover the benefits previously paid to the worker or beneficiary and costs incurred;
(b) For the purpose of pursuing recovery under this subsection, the department shall be subrogated to all of the rights
of the worker or beneficiary receiving compensation under
subsection (1) of this section; and
(c) The department shall not pursue the worker or beneficiary for the recovery of benefits paid under subsection (1)
of this section unless the worker or beneficiary receives
recovery from the federal program insurer, in addition to
receiving benefits authorized under this section. The director
may exercise his or her discretion to waive, in whole or in
part, the recovery of any such benefits where the recovery
would be against equity and good conscience.
(d) Actions pursued against federal program insurers
determined by the department to be liable for benefits under
this section may be prosecuted by special assistant attorneys
general. The attorney general shall select special assistant
attorneys general from a list compiled by the department and
the Washington state bar association. The attorney general, in
conjunction with the department and the Washington state
51.12.102
[Title 51 RCW—page 15]
51.12.110
Title 51 RCW: Industrial Insurance
bar association, shall adopt rules and regulations outlining the
criteria and the procedure by which private attorneys may
have their names placed on the list of attorneys available for
appointment as special assistant attorneys general to litigate
actions under this subsection. Attorneys’ fees and costs shall
be paid in conformity with applicable federal and state law.
Any legal costs remaining as an obligation of the department
shall be paid from the medical aid fund.
(5) The provisions of subsection (1) of this section shall
not apply if the worker or beneficiary refuses, for whatever
reason, to assist the department in making a proper determination of coverage. If a worker or beneficiary refuses to
cooperate with the department, self-insurer, or federal program insurer by failing to provide information that, in the
opinion of the department, is relevant in determining the liable insurer, or if a worker refuses to submit to medical examination, or obstructs or fails to cooperate with the examination, or if the worker or beneficiary fails to cooperate with the
department in pursuing benefits from the federal program
insurer, the department shall reject the application for benefits. No information obtained under this section is subject to
release by subpoena or other legal process.
(6) The amount of any third party recovery by the worker
or beneficiary shall be subject to a lien by the department to
the full extent that the medical aid fund has not been otherwise reimbursed by another insurer. Reimbursement shall be
made immediately to the medical aid fund upon recovery
from the third party suit. If the department determines that the
benefits paid under subsection (1) of this section are owed to
the worker or beneficiary by a federal program insurer, the
department shall not participate in the costs or attorneys’ fees
incurred in bringing the third party suit. [1993 c 168 § 1;
1988 c 271 § 1.]
Applicability—1993 c 168: "This act applies to all claims without
regard to the date of injury or date of filing of the claim." [1993 c 168 § 2.]
Effective date—1993 c 168: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 168 § 3.]
Report to legislature—1988 c 271 § 1: "The department of labor and
industries shall conduct a study of the program established by RCW
51.12.102. The department’s study shall include the use of benefits under the
program and the cost of the program. The department shall report the results
of the study to the economic development and labor committee of the senate
and the commerce and labor committee of the house of representatives, or
the appropriate successor committees, at the start of the 1993 regular legislative session." [1988 c 271 § 4.]
Effective date—Applicability—1988 c 271 §§ 1-4: "Sections 1
through 4 of this act shall take effect July 1, 1988, and shall apply to all
claims filed on or after that date or pending a final determination on that
date." [1988 c 271 § 5.]
51.12.110 Elective adoption—Withdrawal—Cancellation. Any employer who has in his or her employment any
person or persons excluded from mandatory coverage pursuant to RCW 51.12.020 may file notice in writing with the
director, on such forms as the department may provide, of his
or her election to make such persons otherwise excluded subject to this title. The employer shall forthwith display in a
conspicuous manner about his or her works, and in a sufficient number of places to reasonably inform his or her workers of the fact, printed notices furnished by the department
stating that he or she has so elected. Said election shall
51.12.110
[Title 51 RCW—page 16]
become effective upon the filing of said notice in writing.
The employer and his or her workers shall be subject to all the
provisions of this title and entitled to all of the benefits
thereof: PROVIDED, That those who have heretofore complied with the foregoing conditions and are carried and considered by the department as within the purview of this title
shall be deemed and considered as having fully complied
with its terms and shall be continued by the department as
entitled to all of the benefits and subject to all of the liabilities
without other or further action. Any employer who has complied with this section may withdraw his or her acceptance of
liability under this title by filing written notice with the director of the withdrawal of his or her acceptance. Such withdrawal shall become effective thirty days after the filing of
such notice or on the date of the termination of the security
for payment of compensation, whichever last occurs. The
employer shall, at least thirty days before the effective date of
the withdrawal, post reasonable notice of such withdrawal
where the affected worker or workers work and shall otherwise notify personally the affected workers. Withdrawal of
acceptance of this title shall not affect the liability of the
department or self-insurer for compensation for any injury
occurring during the period of acceptance.
The department shall have the power to cancel the elective adoption coverage if any required payments or reports
have not been made. Cancellation by the department shall be
no later than thirty days from the date of notice in writing by
the department advising of cancellation being made. [1991 c
246 § 5; 1982 c 63 § 17; 1980 c 14 § 6. Prior: 1977 ex.s. c 350
§ 22; 1977 ex.s. c 323 § 8; 1971 ex.s. c 289 § 85; 1961 c 23 §
51.12.110; prior: 1959 c 308 § 11; 1929 c 132 § 5; 1923 c
136 § 6; 1911 c 74 § 19; RRS § 7696.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.12.120 Extraterritorial coverage. (1) If a worker,
while working outside the territorial limits of this state, suffers an injury on account of which he or she, or his or her beneficiaries, would have been entitled to compensation under
this title had the injury occurred within this state, the worker,
or his or her beneficiaries, shall be entitled to compensation
under this title if at the time of the injury:
(a) His or her employment is principally localized in this
state; or
(b) He or she is working under a contract of hire made in
this state for employment not principally localized in any
state; or
(c) He or she is working under a contract of hire made in
this state for employment principally localized in another
state whose workers’ compensation law is not applicable to
his or her employer; or
(d) He or she is working under a contract of hire made in
this state for employment outside the United States and Canada.
51.12.120
(2008 Ed.)
Employments and Occupations Covered
(2) The payment or award of compensation or other
recoveries, including settlement proceeds, under the workers’
compensation law of another state, territory, province, or foreign nation to a worker or his or her beneficiaries otherwise
entitled on account of such injury to compensation under this
title shall not be a bar to a claim for compensation under this
title if that claim under this title is timely filed. If compensation is paid or awarded under this title, the total amount of
compensation or other recoveries, including settlement proceeds, paid or awarded the worker or beneficiary under such
other workers’ compensation law shall be credited against the
compensation due the worker or beneficiary under this title.
(3)(a) An employer not domiciled in this state who is
employing workers in this state in work for which the
employer must be registered under chapter 18.27 RCW or
licensed under chapter 19.28 RCW, or prequalified under
RCW 47.28.070, must secure the payment of compensation
under this title by:
(i) Insuring the employer’s workers’ compensation obligation under this title with the department;
(ii) Being qualified as a self-insurer under this title; or
(iii) For employers domiciled in a state or province of
Canada subject to an agreement entered into under subsection
(7) of this section, as permitted by the agreement, filing with
the department a certificate of coverage issued by the agency
that administers the workers’ compensation law in the
employer’s state or province of domicile certifying that the
employer has secured the payment of compensation under the
other state’s or province’s workers’ compensation law.
(b) The department shall adopt rules to implement this
subsection.
(4) If a worker or beneficiary is entitled to compensation
under this title by reason of an injury sustained in this state
while in the employ of an employer who is domiciled in
another state or province of Canada and the employer:
(a) Is not subject to subsection (3) of this section and has
neither opened an account with the department nor qualified
as a self-insurer under this title, the employer or his or her
insurance carrier shall file with the director a certificate
issued by the agency that administers the workers’ compensation law in the state of the employer’s domicile, certifying
that the employer has secured the payment of compensation
under the workers’ compensation law of the other state and
that with respect to the injury the worker or beneficiary is
entitled to the benefits provided under the other state’s law.
(b) Has filed a certificate under subsection (3)(a)(iii) of
this section or (a) of this subsection (4):
(i) The filing of the certificate constitutes appointment
by the employer or his or her insurance carrier of the director
as its agent for acceptance of the service of process in any
proceeding brought by any claimant to enforce rights under
this title;
(ii) The director shall send to such employer or his or her
insurance carrier, by registered or certified mail to the
address shown on such certificate, a true copy of any notice
of claim or other process served on the director by the claimant in any proceeding brought to enforce rights under this
title;
(iii) If the employer is a self-insurer under the workers’
compensation law of the other state or province of Canada,
the employer shall, upon submission of evidence or security,
(2008 Ed.)
51.12.120
satisfactory to the director, of his or her ability to meet his or
her liability to the claimant under this title, be deemed to be a
qualified self-insurer under this title; and
(iv) If the employer’s liability under the workers’ compensation law of the other state or province of Canada is
insured:
(A) The employer’s carrier, as to such claimant only,
shall be deemed to be subject to this title. However, unless
the insurer’s contract with the employer requires the insurer
to pay an amount equivalent to the compensation benefits
provided by this title, the insurer’s liability for compensation
shall not exceed the insurer’s liability under the workers’
compensation law of the other state or province; and
(B) If the total amount for which the employer’s insurer
is liable under (b)(iv)(A) of this subsection is less than the
total of the compensation to which the claimant is entitled
under this title, the director may require the employer to file
security satisfactory to the director to secure the payment of
compensation under this title.
(c) If subject to subsection (3) of this section, has not
complied with subsection (3) of this section or, if not subject
to subsection (3) of this section, has neither qualified as a
self-insurer nor secured insurance coverage under the workers’ compensation law of another state or province of Canada, the claimant shall be paid compensation by the department and the employer shall have the same rights and obligations, and is subject to the same penalties, as other employers
subject to this title.
(5) As used in this section:
(a) A person’s employment is principally localized in
this or another state when: (i) His or her employer has a place
of business in this or the other state and he or she regularly
works at or from the place of business; or (ii) if (a)(i) of this
subsection is not applicable, he or she is domiciled in and
spends a substantial part of his or her working time in the service of his or her employer in this or the other state;
(b) "Workers’ compensation law" includes "occupational disease law" for the purposes of this section.
(6) A worker whose duties require him or her to travel
regularly in the service of his or her employer in this and one
or more other states may agree in writing with his or her
employer that his or her employment is principally localized
in this or another state, and, unless the other state refuses
jurisdiction, the agreement shall govern as to any injury
occurring after the effective date of the agreement.
(7) The director is authorized to enter into agreements
with the appropriate agencies of other states and provinces of
Canada that administer their workers’ compensation law with
respect to conflicts of jurisdiction and the assumption of
jurisdiction in cases where the contract of employment arises
in one state or province and the injury occurs in another. If
the other state’s or province’s law requires Washington
employers to secure the payment of compensation under the
other state’s or province’s workers’ compensation laws for
work performed in that state or province, then employers
domiciled in that state or province must purchase compensation covering their workers engaged in that work in this state
under this state’s industrial insurance law. When an agreement under this subsection has been executed and adopted as
a rule of the department under chapter 34.05 RCW, it binds
[Title 51 RCW—page 17]
51.12.130
Title 51 RCW: Industrial Insurance
all employers and workers subject to this title and the jurisdiction of this title is governed by this rule.
(8) Washington employers who are not self-insured
under chapter 51.14 RCW shall obtain workers’ compensation coverage from the state fund for temporary and incidental work performed on jobs or at jobsites in another state by
their Washington workers. The department is authorized to
adopt rules governing premium liability and reporting
requirements for hours of work in excess of temporary and
incidental as defined in this chapter.
(9) "Temporary and incidental" means work performed
by Washington employers on jobs or at jobsites in another
state for thirty or fewer consecutive or nonconsecutive full or
partial days within a calendar year. Temporary and incidental days are considered on a per state basis.
(10) By December 1, 2011, the department shall report to
the workers’ compensation advisory committee on the effect
of this section on the revenue and costs to the state fund.
[2008 c 88 § 1; 1999 c 394 § 1; 1998 c 279 § 2; 1995 c 199 §
1; 1977 ex.s. c 350 § 23; 1972 ex.s. c 43 § 12; 1971 ex.s. c
289 § 82.]
Finding—Intent—1998 c 279: "The legislature finds that a competitive disadvantage exists in the construction industry because of a disparity in
workers’ compensation coverage requirements among the states. The intent
of this act is (1) to provide an equal footing for all contractors bidding on or
engaging in construction work in this state, (2) to ensure that all workers
injured while in the course of employment in this state receive the benefits to
which they are entitled, and (3) to not create disincentives for employers to
hire workers in this state." [1998 c 279 § 1.]
Severability—1995 c 199: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 199 § 8.]
51.12.130 Registered apprentices or trainees. (1) All
persons registered as apprentices or trainees with the state
apprenticeship council and participating in supplemental and
related instruction classes conducted by a school district, a
community college, a vocational school, or a local joint
apprenticeship committee, shall be considered as workers of
the state apprenticeship council and subject to the provisions
of Title 51 RCW, for the time spent in actual attendance at
such supplemental and related instruction classes.
(2) The assumed wage rate for all apprentices or trainees
during the hours they are participating in supplemental and
related instruction classes, shall be three dollars per hour.
This amount shall be used for purposes of computations of
premiums. For purposes of computing disability compensation payments, the actual wage rate during employment shall
be used.
(3) Only those apprentices or trainees who are registered
with the state apprenticeship council prior to their injury or
death and who incur such injury or death while participating
in supplemental and related instruction classes shall be entitled to benefits under the provisions of Title 51 RCW.
(4) The filing of claims for benefits under the authority
of this section shall be the exclusive remedy of apprentices or
trainees and their beneficiaries for injuries or death compensable under the provisions of Title 51 RCW against the state,
its political subdivisions, the school district, community college, or vocational school and their members, officers or
employees or any employer regardless of negligence.
51.12.130
[Title 51 RCW—page 18]
(5) This section shall not apply to any apprentice or
trainee who has earned wages for the time spent in participating in supplemental and related instruction classes. [1988 c
140 § 1; 1987 c 185 § 31; 1973 c 110 § 1.]
Intent—1987 c 185: "In 1977, in two separate pieces of legislation
relating to industrial insurance, the Washington legislature changed certain
references from "workmen’s" or "workman’s" compensation to "workers’"
compensation. The purpose of this act is to correct remaining obsolete references to "workmen’s compensation" and "workmen."" [1987 c 185 § 1.]
Severability—1987 c 185: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 185 § 41.]
51.12.140 Volunteer law enforcement officers. (1) As
used in this section:
(a) "Municipal corporation" means any city, town, or
county authorized by law to maintain and operate a law
enforcement department;
(b) "Law enforcement department" means any regularly
organized police department, sheriff’s department, department of public safety, or other similar organization which has
as its primary purpose the enforcement of state or local penal
laws and the preservation of public order, which consists
wholly of volunteer law enforcement officers or a combination of volunteer and paid law enforcement officers, and
which is duly organized and maintained by a municipal corporation;
(c) "Volunteer law enforcement officer" means a person
who is a member of a law enforcement department and who
(i) performs assigned or authorized duties for the law
enforcement department by his or her own free choice; (ii)
serves in a position that is not basically clerical or secretarial
in nature; (iii) is registered and accepted as a volunteer by the
law enforcement department; and (iv) receives no monetary
remuneration other than maintenance and reimbursement for
actual expenses necessarily incurred in performing assigned
duties; and
(d) "Performance of duty" includes any work in and
about the volunteer law enforcement officers’ quarters,
police station, or any other place under the direction or general orders of the officer having the authority to order a volunteer law enforcement officer to perform the work; providing law enforcement assistance; patrol; drill; and any work of
an emergency nature performed in accordance with the rules
of the law enforcement department.
(2) Any municipal corporation maintaining and operating a law enforcement department may elect to provide coverage under this title for all of its volunteer law enforcement
officers for death or disability occurring in the performance
of their duties as volunteer law enforcement officers. Any
municipal corporation electing to provide the coverage shall
file a written notice of coverage with the director.
(3) Coverage under this section shall be for all the applicable death, disability, and medical aid benefits of this title
and shall be effective only for injuries which occur and occupational diseases which are contracted after the notice of coverage has been filed with the director.
Nothing in this subsection shall be construed to prohibit
a municipal corporation from covering its volunteer law
enforcement officers and other volunteers under RCW
51.12.140
(2008 Ed.)
Self-Insurers
51.12.035(2), as now or hereafter amended, for medical aid
benefits only.
(4) Volunteer law enforcement officers for whom
municipal corporations have given notice of coverage under
this section shall be deemed workers or employees, as the
case may be, and the performance of their duties shall be
deemed employment or in the course of employment, as the
case may be, for all purposes of this title except where
expressly excluded or where the context clearly requires otherwise.
(5) All premiums, assessments, contributions, and penalties due under this title because coverage is provided under
this section shall be the obligation of and be paid by the
municipal corporation giving the notice of coverage to the
director.
(6) Any municipal corporation electing coverage under
this section shall maintain a time log in which the number of
hours worked by each of its volunteer law enforcement officers is recorded. The log shall be made available for inspection
upon the request of any authorized employee of the department.
(7) Any municipal corporation electing coverage under
this section may withdraw the coverage by filing a written
notice of the withdrawal with the director. The withdrawal
shall become effective thirty days after filing the notice or on
the date of the termination of the security for payment of
compensation, whichever occurs later. At least thirty days
before the effective date of the withdrawal, the municipal
corporation shall notify each of its volunteer law enforcement
officers of the withdrawal. Withdrawal of coverage under this
section shall not affect the liability of the department or selfinsurer for compensation for any injury occurring during the
period in which coverage was provided. [1977 ex.s. c 113 §
1.]
Severability—1977 ex.s. c 113: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 113 § 2.]
Chapter 51.14
as defined in RCW 28B.90.010 in those instances where the
income of those employees would be exempt from taxation
by virtue of the terms and provisions of any treaty between
the United States and the country of domicile of the foreign
degree-granting institution. However, a foreign degree-granting institution is not precluded from otherwise establishing
that a nonimmigrant employee’s services are, for the purpose
of such statutes, principally located in its country of domicile.
[1993 c 181 § 9.]
51.12.170 Student volunteers. (1) An employer covered under this title may elect to include student volunteers as
employees or workers for all purposes relating to medical aid
benefits under chapter 51.36 RCW. The employer shall give
notice of its intent to cover all of its student volunteers to the
director prior to the occurrence of the injury or contraction of
an occupational disease.
(2) A student volunteer is an enrolled student in a public
school as defined in RCW 28A.150.010 who is participating
as a volunteer under a program authorized by the public
school. The student volunteer shall perform duties for the
employer without wages. The student volunteer shall be
deemed to be a volunteer even if the student is granted maintenance and reimbursement for actual expenses necessarily
incurred in performing his or her assigned or authorized
duties. A person who earns wages for the services performed
is not a student volunteer.
(3) Any and all premiums or assessments due under this
title on account of service by a student volunteer shall be paid
by the employer who has registered and accepted the services
of volunteers and has exercised its option to secure the medical aid benefits under chapter 51.36 RCW for the student volunteers. [1994 c 246 § 1.]
51.12.170
Effective date—Implementation—1994 c 246 § 1: "Section 1 of this
act shall take effect October 1, 1994. The department of labor and industries
may take such steps as are necessary to ensure that this section is implemented on its effective date." [1994 c 246 § 3.]
Chapter 51.14
51.12.150 Musicians and entertainers. Any musician
or entertainer who performs as a member of a group or recognized entity is deemed an employee of the group or entity and
the leader of the group or entity shall be required to properly
register as an employer with the department and pay industrial insurance premiums on behalf of his or her employees. If
a musician or entertainer is a sole performer or performs as a
partner in a group or entity, or performs on a casual basis, the
musician or entertainer shall be exempted from mandatory
coverage of this title. However, any such sole performer,
partner, or casual performer may elect to be covered under
this title and shall be subject to all the provisions and entitled
to all the benefits under this title. [1983 c 252 § 2.]
51.12.150
Employments excluded—Musicians and entertainers: RCW 51.12.020.
51.12.160 Foreign degree-granting institutions—
Employee services in country of domicile. The services of
employees of a foreign degree-granting institution who are
nonimmigrant aliens under the immigration laws of the
United States, shall, for the purposes of RCW 51.12.120, be
considered to be localized or principally localized, in the
country of domicile of the foreign degree-granting institution
51.12.160
(2008 Ed.)
Chapter 51.14 RCW
SELF-INSURERS
Sections
SELF-INSURED EMPLOYERS
51.14.010
51.14.020
51.14.030
51.14.040
51.14.050
51.14.060
51.14.070
51.14.073
51.14.077
51.14.080
51.14.090
51.14.095
51.14.100
51.14.110
51.14.120
51.14.130
51.14.140
Duty to secure payment of compensation—Options.
Qualification.
Certification of employer as self-insurer.
Surety liability—Termination.
Termination of status—Notice—Financial requirements.
Default by self-insurer—Authority of director—Liability for
reimbursement.
Payments upon default.
Default lien.
Self-insurers’ insolvency trust—Assessments—Rules.
Withdrawal of certification—Grounds.
Withdrawal of certification, corrective action upon employees’ petition.
Corrective action—Appeal.
Notice of compliance to be posted—Penalty.
Employer’s duty to maintain records, furnish information—
Electronic reporting system—Requirement and penalties—
Confidentiality of claims data—Rules.
Copy of claim file—Notice of protest or appeal—Medical
report.
Request for claim resolution—Time.
Violations of disclosure or request for resolution—Order by
director.
[Title 51 RCW—page 19]
51.14.010
51.14.150
51.14.160
Title 51 RCW: Industrial Insurance
School districts, ESDs, public hospital districts, or hospitals as
self-insurers—Authorized—Organization—Qualifications.
School districts, ESDs, or hospitals as self-insurers—Rules—
Scope.
OFFICE OF THE OMBUDSMAN
51.14.300
51.14.310
51.14.320
51.14.330
51.14.340
51.14.350
51.14.360
51.14.370
51.14.380
51.14.390
51.14.400
Ombudsman office created—Appointment—Open and competitive contracting.
Ombudsman—Term of office—Removal—Vacancies.
Ombudsman—Training or experience qualifications.
Ombudsman office—Staffing level.
Ombudsman office—Powers and duties.
Ombudsman office—Referral procedures—Department
response to referred complaints.
Ombudsman liability—Discriminatory, disciplinary, or retaliatory actions—Communications privileged and confidential—Testimony.
Confidentiality of ombudsman records and files—Disclosure
prohibited—Exception.
Explaining ombudsman program—Posters and brochures.
Ombudsman office—Funding.
Ombudsman—Annual report to governor.
SELF-INSURED EMPLOYERS
51.14.010 Duty to secure payment of compensation—
Options. Every employer under this title shall secure the
payment of compensation under this title by:
(1) Insuring and keeping insured the payment of such
benefits with the state fund; or
(2) Qualifying as a self-insurer under this title. [1971
ex.s. c 289 § 26.]
51.14.010
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.14.020 Qualification. (1) An employer may qualify
as a self-insurer by establishing to the director’s satisfaction
that he or she has sufficient financial ability to make certain
the prompt payment of all compensation under this title and
all assessments which may become due from such employer.
Each application for certification as a self-insurer submitted
by an employer shall be accompanied by payment of a fee of
one hundred fifty dollars or such larger sum as the director
shall find necessary for the administrative costs of evaluation
of the applicant’s qualifications. Any employer who has formerly been certified as a self-insurer and thereafter ceases to
be so certified may not apply for certification within three
years of ceasing to have been so certified.
(2)(a) A self-insurer may be required by the director to
supplement existing financial ability by depositing in an
escrow account in a depository designated by the director,
money and/or corporate or governmental securities approved
by the director, or a surety bond written by any company
admitted to transact surety business in this state, or provide
an irrevocable letter of credit issued by a federally or state
chartered commercial banking institution authorized to conduct business in the state of Washington filed with the department. The money, securities, bond, or letter of credit shall be
in an amount reasonably sufficient in the director’s discretion
to insure payment of reasonably foreseeable compensation
and assessments but not less than the employer’s normal
expected annual claim liabilities and in no event less than one
hundred thousand dollars. In arriving at the amount of
money, securities, bond, or letter of credit required under this
subsection, the director shall take into consideration the
financial ability of the employer to pay compensation and
assessments and his or her probable continuity of operation.
51.14.020
[Title 51 RCW—page 20]
However, a letter of credit shall be acceptable only if the selfinsurer has a net worth of not less than five hundred million
dollars as evidenced in an annual financial statement prepared by a qualified, independent auditor using generally
accepted accounting principles. The money, securities, bond,
or letter of credit so deposited shall be held by the director
solely for the payment of compensation by the self-insurer
and his or her assessments. In the event of default the selfinsurer loses all right and title to, any interest in, and any right
to control the surety. The amount of surety may be increased
or decreased from time to time by the director. The income
from any securities deposited may be distributed currently to
the self-insurer.
(b) The letter of credit option authorized in (a) of this
subsection shall not apply to self-insurers authorized under
RCW 51.14.150 or to self-insurers who are counties, cities,
or municipal corporations.
(3) Securities or money deposited by an employer pursuant to subsection (2) of this section shall be returned to him or
her upon his or her written request provided the employer
files the bond required by such subsection.
(4) If the employer seeking to qualify as a self-insurer
has previously insured with the state fund, the director shall
require the employer to make up his or her proper share of
any deficit or insufficiency in the state fund as a condition to
certification as a self-insurer.
(5) A self-insurer may reinsure a portion of his or her liability under this title with any reinsurer authorized to transact
such reinsurance in this state: PROVIDED, That the reinsurer may not participate in the administration of the responsibilities of the self-insurer under this title. Such reinsurance
may not exceed eighty percent of the liabilities under this
title.
(6) For purposes of the application of this section, the
department may adopt separate rules establishing the security
requirements applicable to units of local government. In setting such requirements, the department shall take into consideration the ability of the governmental unit to meet its selfinsured obligations, such as but not limited to source of
funds, permanency, and right of default.
(7) The director shall adopt rules to carry out the purposes of this section including, but not limited to, rules
respecting the terms and conditions of letters of credit and the
establishment of the appropriate level of net worth of the selfinsurer to qualify for use of the letter of credit. Only letters of
credit issued in strict compliance with the rules shall be
deemed acceptable. [1995 c 31 § 1; 1990 c 209 § 1; 1986 c
57 § 1; 1977 ex.s. c 323 § 9; 1972 ex.s. c 43 § 16; 1971 ex.s.
c 289 § 27.]
Effective date—1990 c 209 § 1: "Section 1 of this act shall take effect
January 1, 1991." [1990 c 209 § 3.]
Intent—1986 c 57: See note following RCW 51.14.077.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.14.030 Certification of employer as self-insurer.
The director may issue a certification that an employer is
qualified as a self-insurer when such employer meets the following requirements:
(1) He or she has fulfilled the requirements of RCW
51.14.020.
51.14.030
(2008 Ed.)
Self-Insurers
(2) He or she has submitted to the department a payroll
report for the preceding consecutive twelve month period.
(3) He or she has submitted to the department a sworn
itemized statement accompanied by an independent audit of
the employer’s books demonstrating to the director’s satisfaction that the employer has sufficient liquid assets to meet
his or her estimated liabilities as a self-insurer.
(4) He or she has demonstrated to the department the
existence of the safety organization maintained by him or her
within his or her establishment that indicates a record of accident prevention.
(5) He or she has submitted to the department a description of the administrative organization to be maintained by
him or her to manage industrial insurance matters including:
(a) The reporting of injuries;
(b) The authorization of medical care;
(c) The payment of compensation;
(d) The handling of claims for compensation;
(e) The name and location of each business location of
the employer; and
(f) The qualifications of the personnel of the employer to
perform this service.
(6) He or she has demonstrated to the department the
ability and commitment to submit electronically the claims
[data] required by RCW 51.14.110.
Such certification shall remain in effect until withdrawn
by the director or surrendered by the employer with the
approval of the director. An employer’s qualification as a
self-insurer shall become effective on the date of certification
or any date specified in the certificate after the date of certification. [2005 c 145 § 3; 1977 ex.s. c 323 § 10; 1971 ex.s. c
289 § 28.]
Effective date—2005 c 145 §§ 2 and 3: See note following RCW
51.14.110.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.14.040 Surety liability—Termination. (1) The
surety on a bond filed by a self-insurer pursuant to this title
may terminate its liability thereon by giving the director written notice stating when, not less than thirty days thereafter,
such termination shall be effective.
(2) In case of such termination, the surety shall remain
liable, in accordance with the terms of the bond, with respect
to future compensation for injuries to employees of the selfinsurer occurring prior to the termination of the surety’s liability.
(3) If the bond is terminated for any reason other than the
employer’s terminating his status as a self-insurer, the
employer shall, prior to the date of termination of the surety’s
liability, otherwise comply with the requirements of this title.
(4) The liability of a surety on any bond filed pursuant to
this section shall be released and extinguished and the bond
returned to the employer or surety provided either such liability is secured by another bond filed, or money or securities
deposited as required by this title. [1971 ex.s. c 289 § 29.]
51.14.040
51.14.073
termination shall be effective, provided such termination
shall not be effective until the employer either shall have
ceased to be an employer or shall have filed with the director
for state industrial insurance coverage under this title.
(2) An employer who ceases to be a self-insurer, and
who so files with the director, must maintain money, securities or surety bonds deemed sufficient in the director’s discretion to cover the entire liability of such employer for injuries
or occupational diseases to his employees which occurred
during the period of self-insurance: PROVIDED, That the
director may agree for the medical aid and accident funds to
assume the obligation of such claims, in whole or in part, and
shall adjust the employer’s premium rate to provide for the
payment of such obligations on behalf of the employer.
[1971 ex.s. c 289 § 30.]
51.14.060 Default by self-insurer—Authority of
director—Liability for reimbursement. (1) The director
may, in cases of default upon any obligation under this title
by the self-insurer, after ten days notice by certified mail to
the defaulting self-insurer of the intention to do so, bring suit
upon such bond or collect the interest and principal of any of
the securities as they may become due or sell the securities or
any of them as may be required or apply the money deposited, all in order to pay compensation and discharge the obligations of the defaulting self-insurer under this title.
(2) The director shall be authorized to fulfill the defaulting self-insured employer’s obligations under this title from
the defaulting self-insured employer’s deposit or from other
funds provided under this title for the satisfaction of claims
against the defaulting self-insured employer. The defaulting
self-insured employer is liable to and shall reimburse the
director for the amounts necessary to fulfill the obligations of
the defaulting self-insured employer that are in excess of the
amounts received by the director from any bond filed, or
securities or money deposited, by the defaulting self-insured
employer pursuant to chapter 51.14 RCW. The amounts to be
reimbursed shall include all amounts paid or payable as compensation under this title together with administrative costs,
including attorneys’ fees, and shall be considered taxes due
the state of Washington. [1986 c 57 § 2; 1971 ex.s. c 289 §
31.]
51.14.060
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.070 Payments upon default. Whenever compensation due under this title is not paid because of an uncorrected default of a self-insurer, such compensation shall be
paid from the medical aid and accidents funds, and any moneys obtained by the director from the bonds or other security
provided under RCW 51.14.020 shall be deposited to the
appropriate fund for the payment of compensation and
administrative costs, including attorneys’ fees. [1986 c 57 §
3; 1971 ex.s. c 289 § 36.]
51.14.070
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.073 Default lien. (1) In all cases of probate,
insolvency, assignment for the benefit of creditors, or bankruptcy, the claim of the state for the amounts necessary to fulfill the obligations of a defaulting self-insured employer
together with administrative costs and attorneys’ fees is a lien
51.14.073
51.14.050 Termination of status—Notice—Financial
requirements. (1) Any employer may at any time terminate
his status as a self-insurer by giving the director written
notice stating when, not less than thirty days thereafter, such
51.14.050
(2008 Ed.)
[Title 51 RCW—page 21]
51.14.077
Title 51 RCW: Industrial Insurance
prior to all other liens or claims and on a parity with prior tax
liens and the mere existence of a default by a self-insured
employer is sufficient to create the lien without any prior or
subsequent action by the state. All administrators, receivers,
and assignees for the benefit of creditors shall notify the
director of such administration, receivership, or assignment
within thirty days of their appointment or qualification.
(2) Separate and apart and in addition to the lien established by this section, the department may issue an assessment, as provided for in RCW 51.48.120, for the amount necessary to fulfill the defaulting self-insured employer’s obligati o n s , in c l u d i n g a ll a m o u n t s p a i d a n d p a y a b l e a s
compensation under this title and administrative costs,
including attorneys’ fees. [1986 c 57 § 4.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.077 Self-insurers’ insolvency trust—Assessments—Rules. (1) A self-insurers’ insolvency trust is established to provide for the unsecured benefits paid to the
injured workers of self-insured employers under this title for
insolvent or defaulting self-insured employers and for the
department’s associated administrative costs, including attorneys’ fees. The self-insurers’ insolvency trust shall be funded
by an insolvency assessment which shall be levied on a postinsolvency basis and after the defaulting self-insured
employer’s security deposit, assets, and reinsurance, if any,
have been exhausted. Insolvency assessments shall be
imposed on all self-insured employers, except school districts, cities, and counties. The manner of imposing and collecting assessments to the insolvency fund shall be set forth
in rules adopted by the department to ensure that self-insured
employers pay into the fund in proportion to their claim costs.
The department’s rules shall provide that self-insured
employers who have surrendered their certification shall be
assessed for a period of not more than three calendar years
following the termination date of their certification.
(2) The director shall adopt rules to carry out the purposes of this section, including but not limited to:
(a) Governing the formation of the self-insurers’ insolvency trust for the purpose of this chapter;
(b) Governing the organization and operation of the selfinsurers’ insolvency trust to assure compliance with the
requirements of this chapter;
(c) Requiring adequate accountability of the collection
and disbursement of funds in the self-insurers’ insolvency
trust; and
(d) Any other provisions necessary to carry out the
requirements of this chapter. [1986 c 57 § 6.]
51.14.077
Intent—1986 c 57: "It is the intent of the legislature to provide for the
continuation of workers’ compensation benefits in the event of the failure of
a self-insured employer to meet its compensation obligations when the
employer’s security deposit, assets, and reinsurance are inadequate. The legislature finds and declares that the establishment of a self-insurers’ insolvency trust is necessary to assure that benefit payments to injured workers of
self-insured employers will not become the responsibility of the state fund."
[1986 c 57 § 5.]
51.14.080 Withdrawal of certification—Grounds.
Certification of a self-insurer shall be withdrawn by the
director upon one or more of the following grounds:
(1) The employer no longer meets the requirements of a
self-insurer; or
51.14.080
[Title 51 RCW—page 22]
(2) The self-insurer’s deposit is insufficient; or
(3) The self-insurer intentionally or repeatedly induces
employees to fail to report injuries, induces claimants to treat
injuries in the course of employment as off-the-job injuries,
persuades claimants to accept less than the compensation
due, or unreasonably makes it necessary for claimants to
resort to proceedings against the employer to obtain compensation; or
(4) The self-insurer habitually fails to comply with rules
and regulations of the director regarding reports or other
requirements necessary to carry out the purposes of this title;
or
(5) The self-insurer habitually engages in a practice of
arbitrarily or unreasonably refusing employment to applicants for employment or discharging employees because of
nondisabling bodily conditions; or
(6) The self-insurer fails to pay an insolvency assessment
under the procedures established pursuant to RCW
51.14.077. [1986 c 57 § 7; 1971 ex.s. c 289 § 32.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.090
51.14.090 Withdrawal of certification, corrective
action upon employees’ petition. (1) Upon the petition of
any employee or union or association having a substantial
number of employees in the employ of the self-insurer the
director or the director’s designee may, in the director or designee’s sole discretion, hold a hearing to determine whether
or not there are grounds for the withdrawal of certification of
a self-insurer or for corrective action by the department.
(2) The director shall serve upon the self-insurer and
upon any employee or union or association having a substantial number of employees in the employ of said self-insurer,
personally or by certified mail, a notice of intention to withdraw, or not to withdraw, certification of the self-insurer,
which notice shall describe the nature and location or locations of the plants or operations involved; and the specific
nature of the reasons for the decision. Similar notice shall be
provided for decisions regarding corrective actions. The corrective action notice shall also include a directive to the selfinsurer specifying the program deficiencies to be eliminated.
(3) If the decision is to withdraw certification, it shall
include: The period of time within which the ground or
grounds therefor existed or arose; and the date, not less than
ninety days after the self-insurer’s receipt of the notice, when
the certification will be withdrawn.
(4) An appeal of any action taken by the director under
this section may be taken by the self-insurer, or by any
employee or union or association having a substantial number of employees in the employ of the self-insurer. Proceedings on the appeal shall be as prescribed in this title. Appeal
by a self-insurer of notice of intention to withdraw certification or to take corrective action shall not act as a stay of the
withdrawal or corrective action, unless the board or court, for
good cause shown, orders otherwise.
(5) The director may adopt rules to carry out the purposes of this section. [1996 c 58 § 1; 1983 c 21 § 1; 1971
ex.s. c 289 § 33.]
(2008 Ed.)
Self-Insurers
51.14.095 Corrective action—Appeal. (1) The director shall take corrective action against a self-insured
employer if the director determines that:
(a) The employer is not following proper industrial
insurance claims procedures;
(b) The employer’s accident prevention program is inadequate; or
(c) Any condition described in RCW 51.14.080 (1)
through (5) exists.
(2) Corrective actions may be taken upon the director’s
initiative or in response to a petition filed under RCW
51.14.090. Corrective actions which may be taken by the
director shall include:
(a) Probationary certification for a period of time determined by the director;
(b) Mandatory training for employers in areas including
claims management, safety procedures, and administrative
reporting requirements; and
(c) Monitoring of the activities of the employer to determine progress towards compliance.
The director shall adopt rules defining the corrective actions
which may be taken in response to a given condition.
Corrective actions shall be limited to those described in
(a), (b), and (c) of this subsection.
(3) Upon the termination of the corrective action, the
director shall review the employer’s program for compliance
with state statutes and regulations. A written report regarding
the employer’s compliance shall be provided to the employer
and to any party to a petition filed under RCW 51.14.090. If
the director determines that compliance has been attained, no
further action shall be taken. If compliance has not been
attained, the director may take additional corrective action as
defined in this section, or proceed toward decertification as
described in RCW 51.14.080.
(4) An employer may appeal any action taken by the
director under this section. Proceedings during the appeal
shall be as prescribed in this title. An appeal by a self-insurer
shall not act as a stay of the corrective action, unless the
board or court, for good cause shown, orders otherwise.
(5) This section shall not be construed to limit the
responsibilities or authority of the department under RCW
51.14.080 or 51.14.090. [1983 c 21 § 2.]
51.14.095
51.14.100 Notice of compliance to be posted—Penalty. (1) Every employer subject to the provisions of this title
shall post and keep posted in a conspicuous place or places in
and about his place or places of business a reasonable number
of typewritten or printed notices of compliance substantially
identical to a form prescribed by the director, stating that
such employer is subject to the provisions of this title. Such
notice shall advise whether the employer is self-insured or
has insured with the department, and shall designate a person
or persons on the premises to whom report of injury shall be
made.
(2) Any employer who has failed to open an account
with the department or qualify as a self-insurer shall not post
or permit to be posted on or about his place of business or
premises any notice of compliance with this title and any wilful violation of this subsection by any officer or supervisory
employee of an employer shall be a misdemeanor. [1971
ex.s. c 289 § 34.]
51.14.100
(2008 Ed.)
51.14.120
51.14.110 Employer’s duty to maintain records, furnish information—Electronic reporting system—
Requirement and penalties—Confidentiality of claims
data—Rules. (1) Every self-insurer shall maintain a record
of all payments of compensation made under this title. The
self-insurer shall furnish to the director all information the
self-insurer has in its possession as to any disputed claim,
upon forms approved by the director.
(2)(a) The department shall establish an electronic
reporting system for the submission to the department of
specified self-insurance claims data to more effectively monitor the performance of self-insurers and to obtain claims
information in an efficient manner.
(b) Self-insurers shall submit claims data electronically
in the format and frequency prescribed by the department.
(c) Electronic submittal to the department of specified
claims data is required to maintain self-insurance certification. The department shall establish an escalating schedule of
penalties for noncompliance with this requirement, up to and
including withdrawal of self-insurance certification.
(d) Claims data reported to the department electronically
by individual self-insurers are confidential in accordance
with RCW 51.16.070 and 51.28.070. The department may
publish, for statistical purposes, aggregated claims data that
contain no personal identifiers.
(3) The department shall adopt rules to administer this
section. [2005 c 145 § 2; (2005 c 145 § 1 expired July 1,
2008); 1971 ex.s. c 289 § 35.]
51.14.110
Effective date—2005 c 145 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2008." [2005 c 145 § 5.]
Expiration date—2005 c 145 § 1: "Section 1 of this act expires July 1,
2008." [2005 c 145 § 4.]
51.14.120 Copy of claim file—Notice of protest or
appeal—Medical report. (1) The self-insurer shall provide,
when authorized under RCW 51.28.070, a copy of the
employee’s claim file at no cost within fifteen days of receipt
of a request by the employee or the employee’s representative, and shall provide the physician performing an examination with all relevant medical records from the worker’s
claim file, but only to the extent required of the department
under RCW 51.36.070. If the self-insured employer determines that release of the claim file to an unrepresented
worker in whole or in part, may not be in the worker’s best
interests, the employer must submit a request for denial with
an explanation along with a copy of that portion of the claim
file not previously provided within twenty days after the
request from the worker. In the case of second or subsequent
requests, a reasonable charge for copying may be made. The
self-insurer shall provide the entire contents of the claim file
unless the request is for only a particular portion of the file.
Any new material added to the claim file after the initial
request shall be provided under the same terms and conditions as the initial request.
(2) The self-insurer shall transmit notice to the department of any protest or appeal by an employee relating to the
administration of an industrial injury or occupational disease
claim under this chapter within five working days of receipt.
The date that the protest or appeal is received by the selfinsurer shall be deemed to be the date the protest is received
by the department for the purpose of RCW 51.52.050.
51.14.120
[Title 51 RCW—page 23]
51.14.130
Title 51 RCW: Industrial Insurance
(3) The self-insurer shall submit a medical report with
the request for closure of a claim under this chapter. [2001 c
152 § 1; 1993 c 122 § 2.]
51.14.130 Request for claim resolution—Time. The
self-insurer shall request allowance or denial of a claim
within sixty days from the date that the claim is filed. If the
self-insurer fails to act within sixty days, the department shall
promptly intervene and adjudicate the claim. [1993 c 122 §
3.]
51.14.130
51.14.140 Violations of disclosure or request for resolution—Order by director. Failure of a self-insurer to
comply with RCW 51.14.120 and 51.14.130 shall subject the
self-insurer to a penalty under RCW 51.48.080, which shall
accrue for the benefit of the employee. The director shall
issue an order conforming with RCW 51.52.050 determining
whether a violation has occurred within thirty days of a
request by an employee. [1993 c 122 § 4.]
51.14.140
51.14.150 School districts, ESDs, public hospital districts, or hospitals as self-insurers—Authorized—Organization—Qualifications. (1) For the purposes of this section, "hospital" means a hospital as defined in *RCW
70.41.020(2) or a psychiatric hospital regulated under chapter
71.12 RCW, but does not include beds utilized by a comprehensive cancer center for cancer research.
(2)(a) Any two or more employers which are school districts or educational service districts, or (b) any two or more
employers which are public hospital districts or hospitals, and
are owned or operated by a state agency or municipal corporation of this state, or (c) any two or more employers which
are hospitals, no one of which is owned or operated by a state
agency or municipal corporation of this state, may enter into
agreements to form self-insurance groups for the purposes of
this chapter.
(3) No more than one group may be formed under subsection (2)(b) of this section and no more than one group may
be formed under subsection (2)(c) of this section.
(4) The self-insurance groups shall be organized and
operated under rules promulgated by the director under RCW
51.14.160. Such a self-insurance group shall be deemed an
employer for the purposes of this chapter, and may qualify as
a self-insurer if it meets all the other requirements of this
chapter. [1997 c 35 § 1; 1993 c 158 § 1; 1983 c 174 § 2; 1982
c 191 § 7.]
51.14.150
*Reviser’s note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Severability—1982 c 191: See note following RCW 28A.335.210.
Educational service district as self-insurer—Authority: RCW 28A.310.440.
School district as self-insurer—Authority: RCW 28A.320.070.
51.14.160 School districts, ESDs, or hospitals as selfinsurers—Rules—Scope. The director shall promulgate
rules to carry out the purposes of RCW 51.14.150:
(1) Governing the formation of self-insurance groups for
the purposes of this chapter;
(2) Governing the organization and operation of the
groups to assure their compliance with the requirements of
this chapter;
51.14.160
[Title 51 RCW—page 24]
(3) Requiring adequate monetary reserves, determined
under accepted actuarial practices, to be maintained by each
group to assure financial solvency of the group; and
(4) Requiring each group to carry adequate reinsurance.
[1983 c 174 § 3; 1982 c 191 § 8.]
Severability—1982 c 191: See note following RCW 28A.335.210.
OFFICE OF THE OMBUDSMAN
51.14.300 Ombudsman office created—Appointment—Open and competitive contracting. The office of
the ombudsman for workers of industrial insurance
self-insured employers is created. The ombudsman shall be
appointed by the governor and report directly to the director
of the department. The office of the ombudsman may be
openly and competitively contracted by the governor in
accordance with chapter 39.29 RCW but shall not be physically housed within the industrial insurance division. [2007 c
281 § 1.]
51.14.300
51.14.310 Ombudsman—Term of office—
Removal—Vacancies. The person appointed ombudsman
shall hold office for a term of six years and shall continue to
hold office until reappointed or until his or her successor is
appointed. The governor may remove the ombudsman only
for neglect of duty, misconduct, or inability to perform
duties. Any vacancy shall be filled by similar appointment
for the remainder of the unexpired term. [2007 c 281 § 2.]
51.14.310
51.14.320 Ombudsman—Training or experience
qualifications. Any ombudsman appointed under this chapter shall have training or experience, or both, in the following
areas:
(1) Washington state industrial insurance including
self-insurance programs;
(2) The Washington state legal system;
(3) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation. [2007 c 281 § 3.]
51.14.320
51.14.330 Ombudsman office—Staffing level. During
the first two years after the office of the ombudsman is created, the staffing level shall be no more than four persons,
including the ombudsman and any administrative staff.
Thereafter, the staffing levels shall be determined based upon
the office of the ombudsman’s workload and whether any
additional locations are needed. [2007 c 281 § 4.]
51.14.330
51.14.340 Ombudsman office—Powers and duties.
The office of the ombudsman shall have the following powers and duties:
(1) To act as an advocate for injured workers of
self-insured employers;
(2) To offer and provide information on industrial insurance as appropriate to workers of self-insured employers;
(3) To identify, investigate, and facilitate resolution of
industrial insurance complaints from workers of self-insured
employers;
(4) To maintain a statewide toll-free telephone number
for the receipt of complaints and inquiries; and
51.14.340
(2008 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
51.16.035
(5) To refer complaints to the department when appropriate. [2007 c 281 § 5.]
the time the employer is notified of the worker’s injury.
[2007 c 281 § 9.]
51.14.350 Ombudsman office—Referral procedures—Department response to referred complaints. (1)
The office of the ombudsman shall develop referral procedures for complaints by workers of self-insured employers.
The department shall act as quickly as possible on any complaint referred to them by the office of the ombudsman.
(2) The department shall respond to any complaint
against a self-insured employer referred to it by the office of
the ombudsman and shall forward the office of the ombudsman a summary of the results of the investigation and action
proposed or taken. [2007 c 281 § 6.]
51.14.390 Ombudsman office—Funding. (1) To provide start-up funding for the office of the ombudsman, the
department shall impose a one-time assessment on all
self-insurers. The amount of the assessment shall be determined by the department and shall not exceed the amount
needed to pay the start-up costs.
(2) Ongoing funding for the office of the ombudsman
shall be obtained as part of an annual administrative assessment of self-insurers under RCW 51.44.150. This assessment shall be proportionately based on the number of claims
for each self-insurer during the past year. [2007 c 281 § 10.]
51.14.350
51.14.390
51.14.400 Ombudsman—Annual report to governor.
(1) The ombudsman shall provide the governor with an
annual report that includes the following:
(a) A description of the issues addressed during the past
year and a very brief description of case scenarios in a form
that does not compromise confidentiality;
(b) An accounting of the monitoring activities by the
ombudsman; and
(c) An identification of the deficiencies in the industrial
insurance system related to self-insurers, if any, and recommendations for remedial action in policy or practice.
(2) The first annual report shall be due on or before October 1, 2008. Subsequent reports shall be due on or before
October 1st. [2007 c 281 § 12.]
51.14.400
51.14.360 Ombudsman liability—Discriminatory,
disciplinary, or retaliatory actions—Communications
privileged and confidential—Testimony. (1) No ombudsman is liable for good faith performance of responsibilities
under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action
may be taken against any employee of a self-insured
employer for any communication made, or information given
or disclosed, to assist the ombudsman in carrying out its
duties and responsibilities, unless the same was done maliciously. This subsection is not intended to infringe on the
rights of the employer to supervise, discipline, or terminate
an employee for other reasons.
(3) All communications by the ombudsman, if reasonably related to the requirements of his or her responsibilities
under this chapter and done in good faith, are privileged and
confidential, and this shall serve as a defense to any action in
libel or slander.
(4) Representatives of the office of the ombudsman are
exempt from being required to testify as to any privileged or
confidential matters except as the court may deem necessary
to enforce this chapter. [2007 c 281 § 7.]
51.14.360
51.14.370 Confidentiality of ombudsman records
and files—Disclosure prohibited—Exception. All records
and files of the ombudsman relating to any complaint or
investigation made pursuant to carrying out its duties and the
identities of complainants, witnesses, or injured workers shall
remain confidential unless disclosure is authorized by the
complainant or injured worker or his or her guardian or legal
representative. No disclosures may be made outside the
office of the ombudsman without the consent of any named
witness or complainant unless the disclosure is made without
the identity of any of these individuals being disclosed.
[2007 c 281 § 8.]
51.14.370
51.14.380 Explaining ombudsman program—Posters and brochures. The ombudsman shall integrate into
existing posters and brochures information explaining the
ombudsman program. Both the posters and the brochures
shall contain the ombudsman’s toll-free telephone number.
Every self-insured employer must place a poster in an area
where all workers have access to it. The self-insured
employer must provide a brochure to all injured workers at
51.14.380
(2008 Ed.)
Chapter 51.16 RCW
ASSESSMENT AND COLLECTION OF PREMIUMS—
PAYROLLS AND RECORDS
Chapter 51.16
Sections
51.16.035
51.16.040
51.16.042
51.16.060
51.16.070
51.16.090
51.16.100
51.16.105
51.16.107
51.16.110
51.16.120
51.16.130
51.16.140
51.16.150
51.16.155
51.16.160
51.16.170
51.16.180
51.16.190
51.16.200
51.16.210
51.16.220
51.16.230
Classifications—Premiums—Rules—Workers’ compensation
advisory committee recommendations.
Occupational diseases.
Occupational and environmental research facility.
Quarterly report of payrolls.
Employer’s records—Unified business identifier—Confidentiality.
Continuity of cost experience.
Classification changes.
Departmental expenses, financing.
Information and training on premium liability.
New businesses or resumed or continued operations.
Distribution of further accident cost.
Distribution of catastrophe cost.
Premium liability of worker.
Delinquent employers—Penalty after demand—Injunctive
relief.
Failure or refusal of employer to report or pay premiums
due—Collection.
Lien for payments due—Priority—Probate, insolvency, etc.
Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.
Property acquired by state on execution.
Limitation on collection actions.
Payment of tax by employer quitting business—Liability of
successor.
Horse racing employment—Premiums.
Reimbursement from disaster response account for nongovernment employees.
Hospitals—Premiums—Rules—Reports.
51.16.035 Classifications—Premiums—Rules—
Workers’ compensation advisory committee recommen51.16.035
[Title 51 RCW—page 25]
51.16.040
Title 51 RCW: Industrial Insurance
dations. (1) The department shall classify all occupations or
industries in accordance with their degree of hazard and fix
therefor basic rates of premium which shall be:
(a) The lowest necessary to maintain actuarial solvency
of the accident and medical aid funds in accordance with recognized insurance principles; and
(b) Designed to attempt to limit fluctuations in premium
rates.
(2) The department shall formulate and adopt rules governing the method of premium calculation and collection and
providing for a rating system consistent with recognized principles of workers’ compensation insurance which shall be
designed to stimulate and encourage accident prevention and
to facilitate collection. The department may annually, or at
such other times as it deems necessary to achieve the objectives under this section, readjust rates in accordance with the
rating system to become effective on such dates as the department may designate.
(3)(a) After the first report is issued by the state auditor
under RCW 51.44.115, the workers’ compensation advisory
committee shall review the report and, as the committee
deems appropriate, may make recommendations to the
department concerning:
(i) The level or levels of a contingency reserve that are
appropriate to maintain actuarial solvency of the accident and
medical aid funds, limit premium rate fluctuations, and
account for economic conditions; and
(ii) When surplus funds exist in the trust funds, the circumstances under which the department should give premium dividends, or similar measures, or temporarily reduce
rates below the rates fixed under subsection (1) of this section, including any recommendations regarding notifications
that should be given before taking the action.
(b) Following subsequent reports issued by the state
auditor under RCW 51.44.115, the workers’ compensation
advisory committee may, as it deems appropriate, update its
recommendations to the department on the matters covered
under (a) of this subsection.
(4) In providing a retrospective rating plan under RCW
51.18.010, the department may consider each individual retrospective rating group as a single employing entity for purposes of dividends or premium discounts. [2005 c 410 § 1;
1999 c 7 § 8; 1989 c 49 § 1; 1980 c 129 § 4; 1977 ex.s. c 350
§ 24; 1971 ex.s. c 289 § 16.]
Applicability—2005 c 410 § 1: "Section 1 of this act applies to industrial insurance rates adopted by the department of labor and industries that
take effect on or after January 1, 2008." [2005 c 410 § 2.]
Severability—1999 c 7: See RCW 51.18.900.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.040
51.16.040 Occupational diseases. The compensation
and benefits provided for occupational diseases shall be paid
and in the same manner as compensation and benefits for
injuries under this title. [1971 ex.s. c 289 § 83; 1961 c 23 §
51.16.040. Prior: 1959 c 308 § 12; 1941 c 235 § 2; Rem.
Supp. 1941 7679-1.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
[Title 51 RCW—page 26]
51.16.042 Occupational and environmental research
facility. Inasmuch as business, industry and labor desire to
provide for testing, research, training and teaching facilities
and consulting services at the University of Washington for
industrial and occupational health for workers in the environmental research facility thereat, all employers shall bear their
proportionate share of the cost therefor. The director may
require payments to the department from all employers under
this title and may make rules and regulations in connection
therewith, which costs shall be paid from the department, in
lieu of the previous provisions of RCW 28B.20.458. [1977
ex.s. c 350 § 25; 1971 ex.s. c 289 § 84; 1963 c 151 § 2.]
51.16.042
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
51.16.060 Quarterly report of payrolls. Every
employer not qualifying as a self-insurer, shall insure with
the state and shall, on or before the last day of January, April,
July and October of each year thereafter, furnish the department with a true and accurate payroll for the period in which
workers were employed by it during the preceding calendar
quarter, the total amount paid to such workers during such
preceding calendar quarter, and a segregation of employment
in the different classes established pursuant to this title, and
shall pay its premium thereon to the appropriate fund. Premiums for a calendar quarter, whether reported or not, shall
become due and delinquent on the day immediately following the last day of the month following the calendar quarter.
The sufficiency of such statement shall be subject to the
approval of the director: PROVIDED, That the director may
in his or her discretion and for the effective administration of
this title require an employer in individual instances to furnish a supplementary report containing the name of each
individual worker, his or her hours worked, his or her rate of
pay and the class or classes in which such work was performed: PROVIDED FURTHER, That in the event an
employer shall furnish the department with four consecutive
quarterly reports wherein each such quarterly report indicates
that no premium is due the department may close the account:
PROVIDED FURTHER, That the department may promulgate rules and regulations in accordance with chapter 34.05
RCW to establish other reporting periods and payment due
dates in lieu of reports and payments following each calendar
quarter, and may also establish terms and conditions for payment of premiums and assessments based on estimated payrolls, with such payments being subject to approval as to sufficiency of the estimated payroll by the department, and also
subject to appropriate periodic adjustments made by the
department based on actual payroll: AND PROVIDED
FURTHER, That a temporary help company which provides
workers on a temporary basis to its customers shall be considered the employer for purposes of reporting and paying premiums and assessments under this title according to the
appropriate rate classifications as determined by the department: PROVIDED, That the employer shall be liable for
paying premiums and assessments, should the temporary
help company fail to pay the premiums and assessments
under this title. [1985 c 315 § 1; 1981 c 260 § 13. Prior: 1977
ex.s. c 350 § 26; 1977 ex.s. c 323 § 11; 1973 1st ex.s. c 32 §
51.16.060
(2008 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
1; 1971 ex.s. c 289 § 76; 1965 ex.s. c 80 § 1; 1961 c 23 §
51.16.060; prior: 1959 c 308 § 14; 1957 c 70 § 47; prior:
1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.070
51.16.070 Employer’s records—Unified business
identifier—Confidentiality. (1)(a) Every employer shall
keep at his or her place of business a record of his or her
employment from which the information needed by the
department may be obtained and such record shall at all times
be open to the inspection of the director, supervisor of industrial insurance, or the traveling auditors, agents, or assistants
of the department, as provided in RCW 51.48.040.
(b) An employer who contracts with another person or
entity for work subject to chapter 18.27 or 19.28 RCW shall
obtain and preserve a record of the unified business identifier
account number for and the compensation paid to the person
or entity performing the work. Failure to obtain or maintain
the record is subject to RCW 39.06.010 and to a penalty
under RCW 51.48.030.
(2) Information obtained from employing unit records
under the provisions of this title shall be deemed confidential
and shall not be open to public inspection (other than to public employees in the performance of their official duties), but
any interested party shall be supplied with information from
such records to the extent necessary for the proper presentation of the case in question: PROVIDED, That any employing unit may authorize inspection of its records by written
consent. [2008 c 120 § 5; 1997 c 54 § 3; 1961 c 23 §
51.16.070. Prior: 1957 c 70 § 48; prior: 1947 c 247 § 1, part;
Rem. Supp. 1947 § 7676c, part.]
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
51.16.120
51.16.100 Classification changes. It is the intent that
the accident fund shall ultimately become neither more nor
less than self-supporting, except as provided in RCW
51.16.105 and, if in the adjustment of premium rates by the
director the moneys paid into the fund by any class or classes
shall be insufficient to properly and safely distribute the burden of accidents occurring therein, the department may
divide, rearrange, or consolidate such class or classes, making such adjustment or transfer of funds as it may deem
proper. The director shall make corrections of classifications
or subclassifications or changes in rates, classes and subclasses when the best interest of such classes or subclasses
will be served thereby. [1961 c 23 § 51.16.100. Prior: 1953
c 218 § 1; prior: (i) 1947 c 247 § 1, part; Rem. Supp. 1947 §
7676d, part. (ii) 1947 c 247 § 1, part; Rem. Supp. 1947 §
7676e, part.]
51.16.100
51.16.105 Departmental expenses, financing. All
department expenses relating to industrial safety and health
services of the department pertaining to workers’ compensation shall be paid by the department and financed by premiums and by assessments collected from a self-insurer as provided in this title. [1994 c 164 § 26; 1977 ex.s. c 350 § 27;
1973 1st ex.s. c 52 § 8; 1971 ex.s. c 289 § 86; 1961 c 23 §
51.16.105. Prior: 1953 c 218 § 2.]
51.16.105
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.107 Information and training on premium liability. The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote
understanding of the premium liability that may be incurred
under this chapter. [2004 c 243 § 4.]
51.16.107
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
51.16.110 New businesses or resumed or continued
operations. Every employer who shall enter into any business, or who shall resume operations in any work or plant
after the final adjustment of his or her payroll in connection
therewith, or who was formerly a self-insurer and wishes to
continue his or her operations subject to this title, shall,
before so commencing or resuming or continuing operations,
as the case may be, notify the department of such fact. [1991
c 88 § 4; 1977 ex.s. c 323 § 12; 1971 ex.s. c 289 § 4; 1961 c
23 § 51.16.110. Prior: 1959 c 179 § 2; 1959 c 308 § 15; prior:
1957 c 70 § 50; 1951 c 236 § 4; 1947 c 247 § 1, part; Rem.
Supp. 1947 § 7676c, part.]
51.16.110
51.16.090
51.16.090 Continuity of cost experience. To the end
that no employer shall evade the burdens imposed by an unfavorable or high cost experience, the director may determine
whether or not an increase, decrease, or change (1) of operating property; (2) of interest in operating property; (3) of
employer; (4) of personnel or interest in employer is sufficient to show a bona fide change which would make inoperative any high cost experience: PROVIDED, That where an
employer is now or has prior to January 1, 1958, been covered under the provisions of this title for a period of at least
two years and subsequent thereto the legal structure of the
employer changes by way of incorporation, disincorporation,
merger, consolidation, transfer of stock ownership, or by any
other means, such person or entity as legally reconstituted
shall be entitled to a continuation of the experience rating
which existed prior to such change in the employer’s legal
structure unless there has been such a substantial change as
provided in subdivisions (1), (2), (3) or (4) of this section as
would warrant making inoperative any high cost experience.
[1961 c 23 § 51.16.090. Prior: 1959 c 179 § 1; 1957 c 70 §
49; prior: 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c,
part.]
(2008 Ed.)
Severability—Effective date—1977 ex.s. c 323: See notes following
51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.120 Distribution of further accident cost. (1)
Whenever a worker has a previous bodily disability from any
previous injury or disease, whether known or unknown to the
employer, and shall suffer a further disability from injury or
occupational disease in employment covered by this title and
become totally and permanently disabled from the combined
51.16.120
[Title 51 RCW—page 27]
51.16.130
Title 51 RCW: Industrial Insurance
effects thereof or die when death was substantially accelerated by the combined effects thereof, then the experience
record of an employer insured with the state fund at the time
of said further injury or disease shall be charged and a selfinsured employer shall pay directly into the reserve fund only
the accident cost which would have resulted solely from said
further injury or disease, had there been no preexisting disability, and which accident cost shall be based upon an evaluation of the disability by medical experts. The difference
between the charge thus assessed to such employer at the
time of said further injury or disease and the total cost of the
pension reserve shall be assessed against the second injury
fund. The department shall pass upon the application of this
section in all cases where benefits are paid for total permanent disability or death and issue an order thereon appealable
by the employer. Pending outcome of such appeal the transfer or payment shall be made as required by such order.
(2) The department shall, in cases of claims of workers
sustaining injuries or occupational diseases in the employ of
state fund employers, recompute the experience record of
such employers when the claims of workers injured in their
employ have been found to qualify for payments from the
second injury fund after the regular time for computation of
such experience records and the department may make
appropriate adjustments in such cases including cash refunds
or credits to such employers.
(3) To encourage employment of injured workers who
are not reemployed by the employer at the time of injury, the
department may adopt rules providing for the reduction or
elimination of premiums or assessments from subsequent
employers of such workers and may also adopt rules for the
reduction or elimination of charges against such employers in
the event of further injury to such workers in their employ.
(4) To encourage employment of injured workers who
have a developmental disability as defined in RCW
71A.10.020, the department may adopt rules providing for
the reduction or elimination of premiums or assessments
from employers of such workers and may also adopt rules for
the reduction or elimination of charges against their employers in the event of further injury to such workers in their
employ. [2004 c 258 § 1; 1984 c 63 § 1; 1980 c 14 § 7. Prior:
1977 ex.s. c 350 § 28; 1977 ex.s. c 323 § 13; 1972 ex.s. c 43
§ 13; 1961 c 23 § 51.16.120; prior: 1959 c 308 § 16; 1945 c
219 § 1; 1943 c 16 § 1; Rem. Supp. 1945 § 7676-1a.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.16.130
51.16.130 Distribution of catastrophe cost. Whenever
there shall occur an accident in which three or more employees of an employer insured with the state fund are fatally
injured or sustain permanent total disability, the amount of
total cost other than medical aid costs arising out of such
accident that shall be charged to the account of the employer,
shall be twice the average cost of the pension claims arising
out of such accident. The entire cost of such accident, exclusive of medical aid costs, shall be charged against and
defrayed by the catastrophe injury account. [1972 ex.s. c 43
§ 14; 1961 c 23 § 51.16.130. Prior: 1957 c 70 § 22; prior:
1947 c 247 § 1, part; 1911 c 74 § 4, part; Rem. Supp. 1947 §
7676f, part.]
[Title 51 RCW—page 28]
51.16.140
51.16.140 Premium liability of worker. (1) Every
employer who is not a self-insurer shall deduct from the pay
of each of his or her workers one-half of the amount he or she
is required to pay, for medical benefits within each risk classification. Such amount shall be periodically determined by
the director and reported by him or her to all employers under
this title: PROVIDED, That the state governmental unit shall
pay the entire amount into the medical aid fund for volunteers, as defined in RCW 51.12.035, and the state apprenticeship council shall pay the entire amount into the medical aid
fund for registered apprentices or trainees, for the purposes of
RCW 51.12.130. The deduction under this section is not
authorized for premiums assessed under RCW 51.16.210.
(2) It shall be unlawful for the employer, unless specifically authorized by this title, to deduct or obtain any part of
the premium or other costs required to be by him or her paid
from the wages or earnings of any of his or her workers, and
the making of or attempt to make any such deduction shall be
a gross misdemeanor. [1989 c 385 § 3; 1977 ex.s. c 350 § 29;
1973 c 110 § 2; 1971 ex.s. c 289 § 77; 1971 c 20 § 2; 1961 c
23 § 51.16.140. Prior: (i) 1923 c 136 § 8, part; 1919 c 129 §
1, part; 1917 c 28 § 4, part; RRS § 7713, part. (ii) 1947 c 247
§ 1, part; Rem. Supp. 1947 § 7676e, part.]
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.150
51.16.150 Delinquent employers—Penalty after
demand—Injunctive relief. If any employer shall default in
any payment to any fund, the sum due may be collected by
action at law in the name of the state as plaintiff, and such
right of action shall be in addition to any other right of action
or remedy. If such default occurs after demand, the director
may require from the defaulting employer a bond to the state
for the benefit of any fund, with surety to the director’s satisfaction, in the penalty of double the amount of the estimated
payments which will be required from such employer into the
said funds for and during the ensuing one year, together with
any penalty or penalties incurred. In case of refusal or failure
after written demand personally served to furnish such bond,
the state shall be entitled to an injunction restraining the
delinquent from prosecuting an occupation or work until such
bond is furnished, and until all delinquent premiums, penalties, interest and costs are paid, conditioned for the prompt
and punctual making of all payments into said funds during
such periods, and any sale, transfer, or lease attempted to be
made by such delinquent during the period of any of the
defaults herein mentioned, of his works, plant, or lease
thereto, shall be invalid until all past delinquencies are made
good, and such bond furnished. [1986 c 9 § 4; 1985 c 315 §
2; 1972 ex.s. c 43 § 15; 1961 c 23 § 51.16.150. Prior: 1959 c
308 § 22; prior: 1929 c 132 § 4, part; 1923 c 136 § 3, part;
1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915 c 188 § 3, part;
1911 c 74 § 8, part; RRS § 7682, part.]
51.16.155
51.16.155 Failure or refusal of employer to report or
pay premiums due—Collection. In every case where an
employer insured with the state fails or refuses to file any
report of payroll required by the department and fails or
refuses to pay the premiums due on such unreported payroll,
the department shall have authority to estimate such payroll
(2008 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
and the premiums due thereon and collect premiums on the
basis of such estimate.
If the report required and the premiums due thereon are
not made within ten days from the mailing of such demand by
the department, which shall include the amount of premiums
estimated by the department, the employer shall be in default
as provided by this title and the department may have and
recover judgment, warrant, or file liens for such estimated
premium or the actual premium, whichever is greater.
The director or the director’s designee may compromise
the amount of premiums estimated by the department,
whether reduced to judgment or otherwise, arising under this
title if collection of the premiums estimated by the department would be against equity and good conscience. [1996 c
60 § 1; 1985 c 315 § 3; 1971 ex.s. c 289 § 87.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.160 Lien for payments due—Priority—Probate, insolvency, etc. In all cases of probate, insolvency,
assignment for the benefit of creditors, or bankruptcy, the
claim of the state for the payments due shall be a lien prior to
all other liens or claims and on a parity with prior tax liens
and the mere existence of such cases or conditions shall be
sufficient to create such lien without any prior or subsequent
action by the state, and all administrators, receivers, or
assignees for the benefit of creditors shall notify the department of such administration, receivership, or assignment
within thirty days from date of their appointment and qualification. In any action or proceeding brought for the recovery
of payments due upon the payroll of an employer, the certificate of the department that an audit has been made of the payroll of such employer pursuant to the direction of the department and the amount of such payroll for the period stated in
the certificate shall be prima facie evidence of such fact.
[1985 c 315 § 4; 1971 ex.s. c 289 § 78; 1961 c 23 § 51.16.160.
Prior: 1959 c 308 § 23; prior: 1929 c 132 § 4, part; 1923 c
136 § 3, part; 1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915
c 188 § 3, part; 1911 c 74 § 8, part; RRS § 7682, part.]
51.16.160
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.170 Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice. Separate and apart from and in addition to the foregoing provisions in this chapter, the claims of the state for payments and
penalties due under this title shall be a lien prior to all other
liens or claims and on a parity with prior tax liens not only
against the interest of any employer, in real estate, plant,
works, equipment, and buildings improved, operated, or constructed by any employer, and also upon any products or articles manufactured by such employer.
The lien created by this section shall attach from the date
of the commencement of the labor upon such property for
which such premiums are due. In order to avail itself of the
lien hereby created, the department shall, within four months
after the employer has made report of his payroll and has
defaulted in the payment of his premiums thereupon, file with
the county auditor of the county within which such property
is then situated, a statement in writing describing in general
terms the property upon which a lien is claimed and stating
51.16.170
(2008 Ed.)
51.16.200
the amount of the lien claimed by the department. If any
employer fails or refuses to make report of his payroll, the
lien hereby created shall continue in full force and effect,
although the amount thereof is undetermined and the four
months’ time within which the department shall file its claim
of lien shall not begin to run until the actual receipt by the
department of such payroll report. From and after the filing of
such claim of lien, the department shall be entitled to commence suit to cause such lien to be foreclosed in the manner
provided by law for the foreclosure of other liens on real or
personal property, and in such suit the certificate of the
department stating the date of the actual receipt by the department of such payroll report shall be prima facie evidence of
such fact. [1986 c 9 § 5; 1961 c 23 § 51.16.170. Prior: 1959
c 308 § 24; prior: 1951 c 214 § 1; 1929 c 132 § 4, part; 1923
c 136 § 3, part; 1917 c 120 § 5, part; 1917 c 28 § 2, part; 1915
c 188 § 3, part; 1911 c 74 § 8, part; RRS § 7682, part.]
51.16.180 Property acquired by state on execution.
The director shall have the custody of all property acquired
by the state at execution sale upon judgments obtained for
delinquent payments and penalties therefor and costs, and
may sell and dispose of the same at private sales for the sale
purchase price, and shall pay the proceeds into the state treasury to the credit of the appropriate fund. In case of the sale
of real estate the director shall execute the deed in the name
of the state. [1971 ex.s. c 289 § 79; 1961 c 23 § 51.16.180.
Prior: 1921 c 7 § 78, subdivision (4); RRS § 10836(4).]
51.16.180
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.190 Limitation on collection actions. (1)
"Action" means, but is not limited to, a notice of assessment
pursuant to RCW 51.48.120, an action at law pursuant to
RCW 51.16.150, or any other administrative or civil process
authorized by this title for the determination of liability for
premiums, assessments, penalties, contributions, or other
sums, or the collection of premiums, assessments, penalties,
contributions, or other sums.
(2) Any action to collect any delinquent premium,
assessment, contribution, penalty, or other sum due to the
department from any employer subject to this title shall be
brought within three years of the date any such sum became
due.
(3) In case of a false or fraudulent report with intent to
evade premiums, assessments, contributions, penalties, interest, or other sums, or in the event of a failure to file a report,
action may be begun at any time.
(4) Any claim for refund or adjustment by an employer
of any premium, assessment, contribution, penalty, or other
sum collected by the department shall be made in writing to
the department within three years of the date the sum became
due. [1987 c 111 § 7; 1985 c 315 § 5; 1977 ex.s. c 323 § 27.]
51.16.190
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.16.200 Payment of tax by employer quitting business—Liability of successor. Whenever any employer quits
business, or sells out, exchanges, or otherwise disposes of the
51.16.200
[Title 51 RCW—page 29]
51.16.210
Title 51 RCW: Industrial Insurance
employer’s business or stock of goods, any tax payable hereunder shall become immediately due and payable, and the
employer shall, within ten days thereafter, make a return and
pay the tax due; and any person who becomes a successor to
such business shall become liable for the full amount of the
tax and withhold from the purchase price a sum sufficient to
pay any tax due from the employer until such time as the
employer shall produce a receipt from the department showing payment in full of any tax due or a certificate that no tax
is due and, if such tax is not paid by the employer within ten
days from the date of such sale, exchange, or disposal, the
successor shall become liable for the payment of the full
amount of tax, and the payment thereof by such successor
shall, to the extent thereof, be deemed a payment upon the
purchase price, and if such payment is greater in amount than
the purchase price the amount of the difference shall become
a debt due such successor from the employer.
No successor may be liable for any tax due from the person from whom the successor has acquired a business or
stock of goods if the successor gives written notice to the
department of such acquisition and no assessment is issued
by the department within one hundred eighty days of receipt
of such notice against the former operator of the business and
a copy thereof mailed to such successor. [1995 c 160 § 1;
1986 c 9 § 6.]
51.16.210
51.16.210 Horse racing employment—Premiums.
(1) The department shall assess premiums, under the provisions of this section, for certain horse racing employments
licensed in accordance with chapter 67.16 RCW. This premium assessment shall be for the purpose of providing industrial insurance coverage for employees of trainers licensed
under chapter 67.16 RCW, including but not limited to exercise riders, pony riders, and grooms, and including all on or
off track employment. For the purposes of RCW 51.16.210,
67.16.300, 51.16.140, 51.32.073, and 67.16.020 a hotwalker
shall be considered a groom. The department may adopt rules
under chapter 34.05 RCW to carry out the purposes of this
section, including rules providing for alternative reporting
periods and payment due dates for coverage under this section. The department rules shall ensure that no licensee
licensed prior to May 13, 1989, shall pay more than the
assessment fixed at the basic manual rate.
(2) The department shall compute industrial insurance
premium rates on a per license basis, which premiums shall
be assessed at the time of each issuance or renewal of the
license for owners, trainers, and grooms in amounts established by department rule for coverage under this section.
Premium assessments shall be determined in accordance with
the requirements of this title, except that assessments shall
not be experience rated and shall be fixed at the basic manual
rate. However, rates may vary according to differences in
working conditions at major tracks and fair tracks.
(3) For the purposes of paying premiums and assessments under this section and making reports under this title,
individuals licensed as trainers by the Washington horse racing commission shall be considered employers. The premium
assessment for a groom’s license shall be paid by the trainer
responsible for signing the groom’s license application and
shall be payable at the time of license issuance or renewal.
[Title 51 RCW—page 30]
(4) The fee to be assessed on owner licenses as required
by this section shall not exceed one hundred fifty dollars.
However, those owners having less than a full ownership in a
horse or horses shall pay a percentage of the required license
fee that is equal to the total percentage of the ownership that
the owner has in the horse or horses. In no event shall an
owner having an ownership percentage in more than one
horse pay more than a one hundred fifty-dollar license fee.
The assessment on each owner’s license shall not imply that
an owner is an employer, but shall be required as part of the
privilege of holding an owner’s license.
(5) Premium assessments under this section shall be collected by the Washington horse racing commission and
deposited in the industrial insurance trust funds as provided
under department rules. [1989 c 385 § 1.]
51.16.220
51.16.220 Reimbursement from disaster response
account for nongovernment employees. (1) When a
worker of a nongovernment employer is injured or develops
an occupational disease due to an exposure while assisting in
the life and rescue phase of an emergency, in response to a
request for assistance from a state or local government entity,
including fire service or law enforcement, the cost of benefits
shall be reimbursed from the disaster response account, RCW
38.52.105, to the appropriate workers’ compensation fund, or
to the self-insured employer, as the case may be. The cost of
such injuries or occupational diseases shall not be charged to
the experience record of a state fund employer.
(2) For the purposes of this section, "life and rescue
phase" means the first seventy-two hours after the occurrence
of a natural or man-made disaster in which a state or municipal entity, including fire service or law enforcement,
acknowledges or declares such a disaster and requests assistance from the private sector in locating and rescuing survivors. The initial life and rescue phase may be extended for a
finite period of time by declaration of the state or municipal
entity requesting assistance. [2005 c 422 § 1.]
Rules—2005 c 422: "The department of labor and industries may adopt
rules to implement this act." [2005 c 422 § 3.]
Effective date—2005 c 422: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 11, 2005]." [2005 c 422 § 4.]
51.16.230
51.16.230 Hospitals—Premiums—Rules—Reports.
(1) By January 1, 2007, the department shall develop rules to
provide a reduced workers’ compensation premium for hospitals that implement a safe patient handling program. The
rules shall include any requirements for obtaining the
reduced premium that must be met by hospitals.
(2) The department shall complete an evaluation of the
results of the reduced premium, including changes in claim
frequency and costs, and shall report to the appropriate committees of the legislature by December 1, 2010, and 2012.
[2006 c 165 § 4.]
Findings—2006 c 165: See note following RCW 70.41.390.
(2008 Ed.)
Retrospective Rating Plan
Chapter 51.18
Chapter 51.18 RCW
RETROSPECTIVE RATING PLAN
Sections
51.18.005
51.18.010
51.18.020
51.18.030
51.18.040
51.18.050
51.18.060
51.18.900
Findings.
Availability—Rules—Coverage period.
Entrance criteria.
Sponsoring entities—New or existing retrospective rating
groups.
Retrospective rating groups—Industry and business categories.
Retrospective rating groups—Probationary status—Denial of
future enrollment.
Retrospective rating groups—Department approval.
Severability—1999 c 7.
51.18.005 Findings. The legislature finds that the retrospective rating plan provided for in RCW 51.16.035 has
proven to be highly effective both in terms of improved
workplace safety and injured worker outcomes. As a result,
the number of industrial insurance claims of many employers
participating in the retrospective rating plan have been
reduced through sound risk management strategies and
enhanced cooperation with department claims management
activities.
The legislature further finds that entrance criteria for the
retrospective rating plan under RCW 51.16.035 should be
clear and understandable to both the department and potential
retrospective rating plan participants.
The legislature therefore declares that a new retrospective rating plan is needed in order to protect and preserve the
integrity and welfare of the retrospective rating system.
[1999 c 7 § 1.]
51.18.005
51.18.010 Availability—Rules—Coverage period.
(1) The department shall offer a retrospective rating plan to
insure the workers’ compensation obligations of employers
and groups of employers. The plan is to be made available to
any employer or group of employers who:
(a) Voluntarily elects to participate in the plan; and
(b) Meets the requirements of this chapter and rules
adopted by the department under subsection (2) of this section.
(2) The retrospective rating plan shall be consistent with
recognized insurance principles and shall be administered
according to rules adopted by the department. Rules adopted
under this section shall encourage broad participation by
qualified employers and sponsors of retrospective rating
groups.
(3) Each retrospective rating group approved by the
department under this chapter shall select a coverage period
and may be renewed at the end of each coverage period. For
the purposes of this section, "coverage period" means a
twelve-month period provided by the department by rule.
[1999 c 7 § 2.]
51.18.030
(2) The entity sponsoring the retrospective rating group
must exist primarily for a purpose other than that of obtaining
or offering insurance coverage or insurance related services;
(3) The entity sponsoring the retrospective rating group
must have a written workplace safety and accident prevention
plan in place for the proposed retrospective rating group and
must propose methods by which the retrospective rating
group will cooperate with department claims management
activities;
(4) All employers in the retrospective rating group must
be members of the sponsoring entity;
(5) All employers in the retrospective rating group must
have an industrial insurance account in good standing with
the department;
(6) Fifty percent of the original employers in the retrospective rating group must have been members of the sponsoring entity for one year prior to the group’s entrance into
the retrospective rating plan;
(7) The retrospective rating group must be composed of
employers who are substantially similar considering the services or activities performed by the employees of those
employers;
(8) The initial premium level for the retrospective rating
group must be at least one million five hundred thousand dollars and shall be based on the standard premium of the proposed group members’ most current previous coverage
period; and
(9) The formation and operation of the retrospective rating group must seek to substantially improve workplace
safety and accident prevention for the employers in the
group. [1999 c 7 § 3.]
51.18.010
51.18.020 Entrance criteria. Prior to allowing initial
entrance into the state’s retrospective rating plan, the department shall review each proposed retrospective rating group to
ensure that the following criteria are met:
(1) The entity sponsoring the retrospective rating group
must have been in existence for at least four years;
51.18.020
(2008 Ed.)
51.18.030 Sponsoring entities—New or existing retrospective rating groups. (1) Entities which sponsored retrospective rating groups prior to July 25, 1999, may not sponsor additional retrospective rating groups in a new business
or industry category until the coverage period beginning January 1, 2003.
(2) For retrospective rating groups approved by the
department on or after July 25, 1999, the sponsoring entity
may not propose another retrospective rating group in a new
business or industry category until the minimum mandatory
adjustment periods required by the department for the first
two coverage periods of the last formed retrospective rating
group are completed.
(3) Subsections (1) and (2) of this section do not prohibit
a sponsoring entity from proposing to:
(a) Divide an existing retrospective rating group into two
or more groups provided that the proposed new groups fall
within the same business or industry category as the group
that is proposed to be divided; or
(b) Merge existing retrospective rating groups into one
business or industry category provided that the proposed
merged groups fall within the same business or industry category as the groups that are proposed to be merged.
(4) Under no circumstances may a sponsoring entity propose retrospective rating groups in multiple business or
industry categories in the same application to the department.
(5) An insurer, insurance broker, agent, or solicitor may
not:
51.18.030
[Title 51 RCW—page 31]
51.18.040
Title 51 RCW: Industrial Insurance
(a) Participate in the formation of a retrospective rating
group; or
(b) Sponsor a retrospective rating group. [1999 c 7 § 4.]
51.18.040 Retrospective rating groups—Industry
and business categories. (1) In order to ensure that all retrospective rating groups are made up of employers who are
substantially similar, considering the services or activities
performed by the employees of those employers, the sponsoring entity of a retrospective rating group shall select a single,
broad industry or business category for each retrospective
rating group. Once an industry or business category is
selected, the department shall allow all risk classifications
reasonably related to that business or industry category into
that retrospective rating group.
(2) The following broad industry and business categories
shall be used by the sponsoring entity and the department in
establishing retrospective rating groups:
(a) Agriculture and related services;
(b) Automotive, truck and boat manufacturing, sales,
repair, and related services;
(c) Construction and related services;
(d) Distillation, chemical production, food, and related
services;
(e) Facilities or property management, maintenance, and
related services;
(f) Government, utilities, schools, health care, and
related services;
(g) Health care, pharmaceutical, laboratories, and related
services;
(h) Logging, wood products manufacturing, and related
services;
(i) Manufacturing, processing, mining, quarrying, and
related services;
(j) Retail stores, wholesale stores, professional services,
and related services;
(k) Temporary help and related services; and
(l) Transportation, recycling, warehousing, facility
maintenance, and related services.
(3) The industry and business categories in subsection
(2) of this section are not exclusive. In response to significant
changes in marketplace demographics or the discovery of
unique business or industry categories, the department may,
by rule, include additional broad industry or business category selections. The department may, by rule, remove an
industry covered within an industry or business category in
the event that the business or industry is no longer found
within this state.
(4) Given the broad nature of the industry and business
categories in subsection (2) of this section, the risk classification or classifications assigned to an individual employer
may appropriately fall into multiple business or industry categories.
(5) In order to simplify administration and keep the
administrative costs associated with devising a different classification system for a retrospective rating plan to a minimum, the state’s retrospective rating plan shall follow the
same classification procedure established by the department
to assign workers’ compensation insurance classifications to
an employer.
51.18.040
[Title 51 RCW—page 32]
(6) Employers who have been a member of an existing,
approved retrospective rating group prior to July 25, 1999,
may continue in that group even if they are not substantially
similar to the industry or business category selected pursuant
to subsection (1) of this section. However, new employers
proposed for addition to a retrospective rating group on or
after July 25, 1999, must fall within the selected industry or
business category. [1999 c 7 § 5.]
51.18.050 Retrospective rating groups—Probationary status—Denial of future enrollment. (1) Any retrospective rating group required to pay additional net premium
assessments in two consecutive coverage periods shall be
immediately placed on probationary status. Once a group is
placed on probationary status, the department shall review
the group’s workplace safety and accident prevention plan
and its methods for cooperation with department claims management activities. Following the review, the department
shall make recommendations for corrective steps that may be
taken to improve the group’s performance.
(2) If the same retrospective rating group is required to
pay an additional net premium assessment in the third consecutive coverage period, that group shall be denied future
enrollment in the state’s retrospective rating plan. In addition,
the sponsoring entity of the failed group may not sponsor
another group in the same business or industry category for
five coverage periods from the ending date of the failed
group’s last coverage period.
(3) This section applies prospectively only and not retroactively. It applies only to net assessments received by a retrospective rating group for plan years beginning after July 25,
1999. [1999 c 7 § 6.]
51.18.050
51.18.060 Retrospective rating groups—Department
approval. All retrospective rating groups approved by the
department prior to July 25, 1999, under RCW 51.16.035 as
it existed prior to July 25, 1999, remain approved and, with
the exception of RCW 51.18.020, are subject to the provisions of this chapter. [1999 c 7 § 7.]
51.18.060
51.18.900 Severability—1999 c 7. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 7 § 10.]
51.18.900
Chapter 51.24 RCW
ACTIONS AT LAW FOR INJURY OR DEATH
Chapter 51.24
Sections
51.24.020
51.24.030
51.24.035
51.24.040
51.24.050
51.24.060
51.24.070
51.24.080
51.24.090
51.24.100
Action against employer for intentional injury.
Action against third person—Election by injured person or
beneficiary—Underinsured motorist insurance coverage.
Immunity of design professional and employees.
Election or recovery no bar to compensation or benefits.
Assignment of cause of action—Disposition of recovered
amount.
Distribution of amount recovered—Lien.
Required election—Procedures—Right of reelection.
Notice of election or copy of complaint to department or selfinsurer—Filing notice.
Compromise or settlement less than benefits.
Right to compensation not pleadable or admissible—Challenge to right to bring action.
(2008 Ed.)
Actions at Law for Injury or Death
51.24.110
51.24.120
51.24.900
51.24.902
Assigned cases—Special assistant attorneys general.
Rules.
Application—1977 ex.s. c 85.
Application—1984 c 218.
51.24.020 Action against employer for intentional
injury. If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker
or beneficiary of the worker shall have the privilege to take
under this title and also have cause of action against the
employer as if this title had not been enacted, for any damages in excess of compensation and benefits paid or payable
under this title. [1984 c 218 § 2; 1977 ex.s. c 350 § 31; 1973
1st ex.s. c 154 § 94; 1961 c 23 § 51.24.020. Prior: 1957 c 70
§ 24; prior: 1927 c 310 § 5, part; 1919 c 131 § 5, part; 1911
c 74 § 6, part; RRS § 7680, part.]
51.24.020
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.24.030 Action against third person—Election by
injured person or beneficiary—Underinsured motorist
insurance coverage. (1) If a third person, not in a worker’s
same employ, is or may become liable to pay damages on
account of a worker’s injury for which benefits and compensation are provided under this title, the injured worker or beneficiary may elect to seek damages from the third person.
(2) In every action brought under this section, the plaintiff shall give notice to the department or self-insurer when
the action is filed. The department or self-insurer may file a
notice of statutory interest in recovery. When such notice has
been filed by the department or self-insurer, the parties shall
thereafter serve copies of all notices, motions, pleadings, and
other process on the department or self-insurer. The department or self-insurer may then intervene as a party in the
action to protect its statutory interest in recovery.
(3) For the purposes of this chapter, "injury" shall
include any physical or mental condition, disease, ailment or
loss, including death, for which compensation and benefits
are paid or payable under this title.
(4) Damages recoverable by a worker or beneficiary pursuant to the underinsured motorist coverage of an insurance
policy shall be subject to this chapter only if the owner of the
policy is the employer of the injured worker.
(5) For the purposes of this chapter, "recovery" includes
all damages except loss of consortium. [1995 c 199 § 2; 1987
c 212 § 1701; 1986 c 58 § 1; 1984 c 218 § 3; 1977 ex.s. c 85
§ 1.]
51.24.050
(2) The immunity provided by this section does not
apply to the negligent preparation of design plans and specifications.
(3) For the purposes of this section, "design professional" means an architect, professional engineer, land surveyor, or landscape architect, who is licensed or authorized
by law to practice such profession, or any corporation organized under chapter 18.100 RCW or authorized under RCW
18.08.420 or 18.43.130 to render design services through the
practice of one or more of such professions. [1987 c 212 §
1801.]
51.24.040 Election or recovery no bar to compensation or benefits. The injured worker or beneficiary shall be
entitled to the full compensation and benefits provided by
this title regardless of any election or recovery made under
this chapter. [1977 ex.s. c 85 § 2.]
51.24.040
51.24.030
Severability—1995 c 199: See note following RCW 51.12.120.
51.24.035 Immunity of design professional and
employees. (1) Notwithstanding RCW 51.24.030(1), the
injured worker or beneficiary may not seek damages against
a design professional who is a third person and who has been
retained to perform professional services on a construction
project, or any employee of a design professional who is
assisting or representing the design professional in the performance of professional services on the site of the construction
project, unless responsibility for safety practices is specifically assumed by contract, the provisions of which were
mutually negotiated, or the design professional actually exercised control over the portion of the premises where the
worker was injured.
51.24.035
(2008 Ed.)
51.24.050 Assignment of cause of action—Disposition of recovered amount. (1) An election not to proceed
against the third person operates as an assignment of the
cause of action to the department or self-insurer, which may
prosecute or compromise the action in its discretion in the
name of the injured worker, beneficiary or legal representative.
(2) If an injury to a worker results in the worker’s death,
the department or self-insurer to which the cause of action
has been assigned may petition a court for the appointment of
a special personal representative for the limited purpose of
maintaining an action under this chapter and chapter 4.20
RCW.
(3) If a beneficiary is a minor child, an election not to
proceed against a third person on such beneficiary’s cause of
action may be exercised by the beneficiary’s legal custodian
or guardian.
(4) Any recovery made by the department or self-insurer
shall be distributed as follows:
(a) The department or self-insurer shall be paid the
expenses incurred in making the recovery including reasonable costs of legal services;
(b) The injured worker or beneficiary shall be paid
twenty-five percent of the balance of the recovery made,
which shall not be subject to subsection (5) of this section:
PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may
agree to a sum less than twenty-five percent;
(c) The department and/or self-insurer shall be paid the
compensation and benefits paid to or on behalf of the injured
worker or beneficiary by the department and/or self-insurer;
and
(d) The injured worker or beneficiary shall be paid any
remaining balance.
(5) Thereafter no payment shall be made to or on behalf
of a worker or beneficiary by the department and/or selfinsurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance. Thereafter, such benefits shall be paid by the department and/or self-insurer to or on behalf of the worker or beneficiary as though no recovery had been made from a third
person.
51.24.050
[Title 51 RCW—page 33]
51.24.060
Title 51 RCW: Industrial Insurance
(6) When the cause of action has been assigned to the
self-insurer and compensation and benefits have been paid
and/or are payable from state funds for the same injury:
(a) The prosecution of such cause of action shall also be
for the benefit of the department to the extent of compensation and benefits paid and payable from state funds;
(b) Any compromise or settlement of such cause of
action which results in less than the entitlement under this
title is void unless made with the written approval of the
department;
(c) The department shall be reimbursed for compensation and benefits paid from state funds;
(d) The department shall bear its proportionate share of
the costs and reasonable attorneys’ fees incurred by the selfinsurer in obtaining the award or settlement; and
(e) Any remaining balance under subsection (4)(d) of
this section shall be applied, under subsection (5) of this section, to reduce the obligations of the department and selfinsurer to pay further compensation and benefits in proportion to which the obligations of each bear to the remaining
entitlement of the worker or beneficiary. [1995 c 199 § 3;
1984 c 218 § 4; 1983 c 211 § 1; 1977 ex.s. c 85 § 3.]
Severability—1995 c 199: See note following RCW 51.12.120.
Applicability—1983 c 211: "Sections 1 and 2 of this act apply to all
actions against third persons in which judgment or settlement of the underlying action has not taken place prior to July 24, 1983." [1983 c 211 § 3.]
"Sections 1 and 2 of this act" consist of the 1983 amendments of RCW
51.24.050 and 51.24.060.
Severability—1983 c 211: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 211 § 4.]
51.24.060 Distribution of amount recovered—Lien.
(1) If the injured worker or beneficiary elects to seek damages from the third person, any recovery made shall be distributed as follows:
(a) The costs and reasonable attorneys’ fees shall be paid
proportionately by the injured worker or beneficiary and the
department and/or self-insurer: PROVIDED, That the
department and/or self-insurer may require court approval of
costs and attorneys’ fees or may petition a court for determination of the reasonableness of costs and attorneys’ fees;
(b) The injured worker or beneficiary shall be paid
twenty-five percent of the balance of the award: PROVIDED, That in the event of a compromise and settlement by
the parties, the injured worker or beneficiary may agree to a
sum less than twenty-five percent;
(c) The department and/or self-insurer shall be paid the
balance of the recovery made, but only to the extent necessary to reimburse the department and/or self-insurer for benefits paid;
(i) The department and/or self-insurer shall bear its proportionate share of the costs and reasonable attorneys’ fees
incurred by the worker or beneficiary to the extent of the benefits paid under this title: PROVIDED, That the department’s and/or self-insurer’s proportionate share shall not
exceed one hundred percent of the costs and reasonable attorneys’ fees;
(ii) The department’s and/or self-insurer’s proportionate
share of the costs and reasonable attorneys’ fees shall be
determined by dividing the gross recovery amount into the
51.24.060
[Title 51 RCW—page 34]
benefits paid amount and multiplying this percentage times
the costs and reasonable attorneys’ fees incurred by the
worker or beneficiary;
(iii) The department’s and/or self-insurer’s reimbursement share shall be determined by subtracting their proportionate share of the costs and reasonable attorneys’ fees from
the benefits paid amount;
(d) Any remaining balance shall be paid to the injured
worker or beneficiary; and
(e) Thereafter no payment shall be made to or on behalf
of a worker or beneficiary by the department and/or selfinsurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance minus the department’s and/or self-insurer’s proportionate share of the costs and reasonable attorneys’ fees in
regards to the remaining balance. This proportionate share
shall be determined by dividing the gross recovery amount
into the remaining balance amount and multiplying this percentage times the costs and reasonable attorneys’ fees
incurred by the worker or beneficiary. Thereafter, such benefits shall be paid by the department and/or self-insurer to or
on behalf of the worker or beneficiary as though no recovery
had been made from a third person.
(2) The recovery made shall be subject to a lien by the
department and/or self-insurer for its share under this section.
(3) The department or self-insurer has sole discretion to
compromise the amount of its lien. In deciding whether or to
what extent to compromise its lien, the department or selfinsurer shall consider at least the following:
(a) The likelihood of collection of the award or settlement as may be affected by insurance coverage, solvency, or
other factors relating to the third person;
(b) Factual and legal issues of liability as between the
injured worker or beneficiary and the third person. Such
issues include but are not limited to possible contributory
negligence and novel theories of liability; and
(c) Problems of proof faced in obtaining the award or
settlement.
(4) In an action under this section, the self-insurer may
act on behalf and for the benefit of the department to the
extent of any compensation and benefits paid or payable from
state funds.
(5) It shall be the duty of the person to whom any recovery is paid before distribution under this section to advise the
department or self-insurer of the fact and amount of such
recovery, the costs and reasonable attorneys’ fees associated
with the recovery, and to distribute the recovery in compliance with this section.
(6) The distribution of any recovery made by award or
settlement of the third party action shall be confirmed by
department order, served by registered or certified mail, and
shall be subject to chapter 51.52 RCW. In the event the order
of distribution becomes final under chapter 51.52 RCW, the
director or the director’s designee may file with the clerk of
any county within the state a warrant in the amount of the
sum representing the unpaid lien plus interest accruing from
the date the order became final. The clerk of the county in
which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall
cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name of such
(2008 Ed.)
Actions at Law for Injury or Death
worker or beneficiary mentioned in the warrant, the amount
of the unpaid lien plus interest accrued and the date when the
warrant was filed. The amount of such warrant as docketed
shall become a lien upon the title to and interest in all real and
personal property of the injured worker or beneficiary against
whom the warrant is issued, the same as a judgment in a civil
case docketed in the office of such clerk. The sheriff shall
then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process
issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to
support the issuance of writs of garnishment in favor of the
department in the manner provided by law in the case of
judgment, wholly or partially unsatisfied. The clerk of the
cou r t sh all b e en titl ed to a fi ling fee un d er R CW
36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the injured
worker or beneficiary within three days of filing with the
clerk.
(7) The director, or the director’s designee, may issue to
any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of
the state, a notice and order to withhold and deliver property
of any kind if he or she has reason to believe that there is in
the possession of such person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency of the state, property which is due, owing, or
belonging to any worker or beneficiary upon whom a warrant
has been served by the department for payments due to the
state fund. The notice and order to withhold and deliver shall
be served by the sheriff of the county or by the sheriff’s deputy; by certified mail, return receipt requested; or by any
authorized representatives of the director. Any person, firm,
corporation, municipal corporation, political subdivision of
the state, public corporation, or agency of the state upon
whom service has been made shall answer the notice within
twenty days exclusive of the day of service, under oath and in
writing, and shall make true answers to the matters inquired
of in the notice and order to withhold and deliver. In the event
there is in the possession of the party named and served with
such notice and order, any property which may be subject to
the claim of the department, such property shall be delivered
forthwith to the director or the director’s authorized representative upon demand. If the party served and named in the
notice and order fails to answer the notice and order within
the time prescribed in this section, the court may, after the
time to answer such order has expired, render judgment by
default against the party named in the notice for the full
amount claimed by the director in the notice together with
costs. In the event that a notice to withhold and deliver is
served upon an employer and the property found to be subject
thereto is wages, the employer may assert in the answer to all
exemptions provided for by chapter 6.27 RCW to which the
wage earner may be entitled. [2001 c 146 § 9; 1995 c 199 §
4; 1993 c 496 § 2; 1987 c 442 § 1118; 1986 c 305 § 403; 1984
c 218 § 5; 1983 c 211 § 2; 1977 ex.s. c 85 § 4.]
Severability—1995 c 199: See note following RCW 51.12.120.
Effective date—Application—1993 c 496: See notes following RCW
4.22.070.
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
(2008 Ed.)
51.24.090
Applicability—Severability—1983 c 211: See notes following RCW
51.24.050.
51.24.070 Required election—Procedures—Right of
reelection. (1) The department or self-insurer may require
the injured worker or beneficiary to exercise the right of election under this chapter by serving a written demand by registered mail, certified mail, or personal service on the worker or
beneficiary.
(2) Unless an election is made within sixty days of the
receipt of the demand, and unless an action is instituted or
settled within the time granted by the department or selfinsurer, the injured worker or beneficiary is deemed to have
assigned the action to the department or self-insurer. The
department or self-insurer shall allow the worker or beneficiary at least ninety days from the election to institute or settle the action. When a beneficiary is a minor child the demand
shall be served upon the legal custodian or guardian of such
beneficiary.
(3) If an action which has been filed is not diligently
prosecuted, the department or self-insurer may petition the
court in which the action is pending for an order assigning the
cause of action to the department or self-insurer. Upon a sufficient showing of a lack of diligent prosecution the court in
its discretion may issue the order.
(4) If the department or self-insurer has taken an assignment of the third party cause of action under subsection (2) of
this section, the injured worker or beneficiary may, at the discretion of the department or self-insurer, exercise a right of
reelection and assume the cause of action subject to reimbursement of litigation expenses incurred by the department
or self-insurer. [1984 c 218 § 6; 1977 ex.s. c 85 § 5.]
51.24.070
51.24.080 Notice of election or copy of complaint to
department or self-insurer—Filing notice. (1) If the
injured worker or beneficiary elects to seek damages from the
third person, notice of the election must be given to the
department or self-insurer. The notice shall be by registered
mail, certified mail, or personal service. If an action is filed
by the injured worker or beneficiary, a copy of the complaint
must be sent by registered mail to the department or selfinsurer.
(2) A return showing service of the notice on the department or self-insurer shall be filed with the court but shall not
be part of the record except as necessary to give notice to the
defendant of the lien imposed by RCW 51.24.060(2). [1977
ex.s. c 85 § 6.]
51.24.080
51.24.090 Compromise or settlement less than benefits. (1) Any compromise or settlement of the third party
cause of action by the injured worker or beneficiary which
results in less than the entitlement under this title is void
unless made with the written approval of the department or
self-insurer: PROVIDED, That for the purposes of this chapter, "entitlement" means benefits and compensation paid and
estimated by the department to be paid in the future.
(2) If a compromise or settlement is void because of subsection (1) of this section, the department or self-insurer may
petition the court in which the action was filed for an order
assigning the cause of action to the department or selfinsurer. If an action has not been filed, the department or self51.24.090
[Title 51 RCW—page 35]
51.24.100
Title 51 RCW: Industrial Insurance
insurer may proceed as provided in chapter 7.24 RCW.
[1995 c 199 § 5; 1984 c 218 § 7; 1977 ex.s. c 85 § 7.]
Severability—1995 c 199: See note following RCW 51.12.120.
51.24.100 Right to compensation not pleadable or
admissible—Challenge to right to bring action. The fact
that the injured worker or beneficiary is entitled to compensation under this title shall not be pleaded or admissible in evidence in any third party action under this chapter. Any challenge of the right to bring such action shall be made by supplemental pleadings only and shall be decided by the court as
a matter of law. [1977 ex.s. c 85 § 8.]
51.28.070
51.28.080
51.28.090
51.28.100
51.24.100
51.24.110 Assigned cases—Special assistant attorneys general. (1) Actions against third persons that are
assigned by the claimant to the department, voluntarily or by
operation of law in accordance with chapter 51.24 RCW,
may be prosecuted by special assistant attorneys general.
(2) The attorney general shall select special assistant
attorneys general from a list compiled by the department and
the Washington state bar association. The attorney general, in
conjunction with the department and the Washington state
bar association, shall promulgate rules and regulations outlining the criteria and the procedure by which private attorneys
may have their names placed on the list of attorneys available
for appointment as special assistant attorneys general to litigate third party actions under subsection (1) of this section.
[1984 c 218 § 1.]
51.24.110
51.24.120 Rules. The department may adopt, amend,
and rescind under chapter 34.05 RCW such rules as may be
necessary to the administration of this chapter. [1984 c 218 §
8.]
51.24.120
51.24.900 Application—1977 ex.s. c 85. This 1977
amendatory act shall apply only to causes of action which
arise on or after its effective date. [1977 ex.s. c 85 § 9.]
51.24.900
51.24.902 Application—1984 c 218. This act applies
to all causes of action against third persons in which judgment or settlement of the underlying action has not taken
place before June 7, 1984. [1984 c 218 § 9.]
51.24.902
Chapter 51.28 RCW
NOTICE AND REPORT OF ACCIDENT—
APPLICATION FOR COMPENSATION
Chapter 51.28
Sections
51.28.010
51.28.015
51.28.020
51.28.025
51.28.030
51.28.040
51.28.050
51.28.055
51.28.060
Notice of accident—Notification of worker’s rights—Claim
suppression.
Injury reporting—Findings—Department educational initiative—Pilot program, employers to assist workers in applying
for benefits—Report.
Worker’s application for compensation—Physician to aid in.
Duty of employer to report injury or disease—Contents of
report—Claim suppression—Penalty.
Beneficiaries’ application for compensation—Notification of
rights.
Application for change in compensation.
Time limitation for filing application or enforcing claim for
injury.
Time limitation for filing claim for occupational disease—
Notice—Hearing loss claims—Rules.
Proof of dependency.
[Title 51 RCW—page 36]
Claim files and records confidential.
Determination of compensation for temporary total disability—Notification of employer.
Notification of availability of basic health plan.
Physician assistant signatures—Documents required by the
department.
51.28.010 Notice of accident—Notification of
worker’s rights—Claim suppression. (1) Whenever any
accident occurs to any worker it shall be the duty of such
worker or someone in his or her behalf to forthwith report
such accident to his or her employer, superintendent, or
supervisor in charge of the work, and of the employer to at
once report such accident and the injury resulting therefrom
to the department pursuant to RCW 51.28.025 where the
worker has received treatment from a physician or a licensed
advanced registered nurse practitioner, has been hospitalized,
disabled from work, or has died as the apparent result of such
accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her
beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify
the worker’s right to receive health services from a physician
or a licensed advanced registered nurse practitioner of the
worker’s choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and must list the types of
providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression"
means intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of
employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial
insurance claims.
(5) In determining whether an employer has engaged in
claim suppression, the department shall consider the
employer’s history of compliance with industrial insurance
reporting requirements, and whether the employer has discouraged employees from reporting injuries or filing claims.
The department has the burden of proving claim suppression
by a preponderance of the evidence.
(6) Claim suppression does not include bona fide workplace safety and accident prevention programs or an
employer’s provision at the worksite of first aid as defined by
the department. The department shall adopt rules defining
bona fide workplace safety and accident prevention programs
and defining first aid. [2007 c 77 § 1; 2004 c 65 § 3; 2001 c
231 § 1; 1977 ex.s. c 350 § 32; 1975 1st ex.s. c 224 § 4; 1971
ex.s. c 289 § 5; 1961 c 23 § 51.28.010. Prior: 1915 c 188 §
9; 1911 c 74 § 14; RRS § 7689.]
51.28.010
Implementation—2007 c 77: "The department of labor and industries
shall adopt rules necessary to implement this act." [2007 c 77 § 4.]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—2001 c 231: "This act takes effect January 1, 2002."
[2001 c 231 § 4.]
Effective date—1975 ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
(2008 Ed.)
Notice and Report of Accident—Application for Compensation
51.28.015 Injury reporting—Findings—Department
educational initiative—Pilot program, employers to assist
workers in applying for benefits—Report. (1) The legislature finds that:
(a) In 1998, the joint legislative audit and review committee, in its performance audit of the Washington industrial
insurance system, reported that one of the most significant
causes for delayed benefit payments to workers and lack of
employer involvement in claims was the manner in which
claims were reported. Under this system of reporting, the
worker generally reports the injury to a physician who, in
turn, reports the injury to the department.
(b) The performance audit further reported that adopting
a system in which the employee reports to the employer and
the employer reports to the department would speed the first
payment of benefits to the worker and involve the employer,
from the beginning of the claim, in assisting in the management of the claim, including returning the worker to work.
(c) The performance audit also recognized that there
would be instances in which workers would be reluctant to
report injuries to employers and that, therefore, the system of
physician reporting should be retained as an alternative, and
employer reporting should be tested on a widespread basis.
(2) The department of labor and industries shall develop
and implement an initiative to:
(a) Encourage the reporting of industrial injuries and
occupational diseases by the worker to his or her employer
and by the employer to the department;
(b) Encourage the employer to provide assistance to the
worker in completing the application for compensation; and
(c) Educate workers and employers about the benefits
and importance of prompt reporting of injuries and diseases.
(3)(a) By January 1, 2007, the department shall develop
and begin a pilot program to allow employers to assist workers in completing an application for benefits. This pilot program does not replace the current method for reporting as
provided in RCW 51.28.020.
(b) The department shall develop requirements or rules
for employers who participate in the pilot program, including
provisions to ensure prompt reporting of the claim and communicating a worker’s rights and responsibilities under the
pilot program. The pilot program shall include the voluntary
participation of employers that represent a cross-section of
industries, geographic areas, union and nonunion workers,
large and small businesses, and other criteria established by
the department with input of business and labor leaders.
(c) During the pilot period, the department shall consider
steps to address the unique needs and issues of small employers.
(d) The number of participating employers must not be
more than five hundred during the first year of the pilot program. This number may be increased to seven hundred fifty
during the second year of the pilot program.
(e) The pilot program expires July 1, 2009.
(4) On December 1, 2007, and December 1, 2008, the
department of labor and industries shall report to the appropriate committees of the legislature the findings of a study of:
(a) Claims that are not reported promptly, including but
not limited to a review of the circumstances of such claims,
the type of injuries involved in such claims, and the reasons
for the failure to report such claims promptly;
51.28.015
(2008 Ed.)
51.28.020
(b) The effect of the educational initiative required under
subsection (2) of this section on whether the number of
claims reported to employers increased, whether there was a
reduction in delays in benefit payments, and whether there
was an improvement in employer involvement in assisting
with claims management and an increase in appropriate
return-to-work and better outcomes for injured workers and
employers;
(c) The results of the efforts of the centers of occupational health education in early reporting and early notification of employers, and the general lessons that can be drawn
from these results for the larger workers’ compensation program; and
(d) The results of the pilot program for workers to begin
the process of applying for compensation through the
employer and whether additional statutory changes are
required or recommended to implement this process for all
employers and workers. [2006 c 254 § 1; 2005 c 108 § 1.]
51.28.020 Worker’s application for compensation—
Physician to aid in. (1)(a) Where a worker is entitled to
compensation under this title he or she shall file with the
department or his or her self-insured employer, as the case
may be, his or her application for such, together with the certificate of the physician or licensed advanced registered nurse
practitioner who attended him or her. An application form
developed by the department shall include a notice specifying
the worker’s right to receive health services from a physician
or licensed advanced registered nurse practitioner of the
worker’s choice under RCW 51.36.010, including chiropractic services under RCW 51.36.015, and listing the types of
providers authorized to provide these services.
(b) The physician or licensed advanced registered nurse
practitioner who attended the injured worker shall inform the
injured worker of his or her rights under this title and lend all
necessary assistance in making this application for compensation and such proof of other matters as required by the rules
of the department without charge to the worker. The department shall provide physicians with a manual which outlines
the procedures to be followed in applications for compensation involving occupational diseases, and which describes
claimants’ rights and responsibilities related to occupational
disease claims.
(2) If the application required by this section is:
(a) Filed on behalf of the worker by the physician who
attended the worker, the physician may transmit the application to the department electronically using facsimile mail;
(b) Made to the department and the employer has not
received a copy of the application, the department shall
immediately send a copy of the application to the employer;
or
(c) Made to a self-insured employer, the employer shall
forthwith send a copy of the application to the department.
[2005 c 108 § 3; (2005 c 108 § 2 expired June 30, 2007); 2004
c 65 § 4; 2001 c 231 § 2; 1984 c 159 § 3; 1977 ex.s. c 350 §
33; 1971 ex.s. c 289 § 38; 1961 c 23 § 51.28.020. Prior: 1927
c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part;
RRS § 7686, part.]
51.28.020
Effective date—2005 c 108 § 3: "Section 3 of this act takes effect June
30, 2007." [2005 c 108 § 6.]
[Title 51 RCW—page 37]
51.28.025
Title 51 RCW: Industrial Insurance
Expiration date—2005 c 108 § 2: "Section 2 of this act expires June
30, 2007." [2005 c 108 § 5.]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—2001 c 231: See note following RCW 51.28.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.28.025 Duty of employer to report injury or disease—Contents of report—Claim suppression—Penalty.
(1) Whenever an employer has notice or knowledge of an
injury or occupational disease sustained by any worker in his
or her employment who has received treatment from a physician or a licensed advanced registered nurse practitioner, has
been hospitalized, disabled from work or has died as the
apparent result of such injury or occupational disease, the
employer shall immediately report the same to the department on forms prescribed by it. The report shall include:
(a) The name, address, and business of the employer;
(b) The name, address, and occupation of the worker;
(c) The date, time, cause, and nature of the injury or
occupational disease;
(d) Whether the injury or occupational disease arose in
the course of the injured worker’s employment;
(e) All available information pertaining to the nature of
the injury or occupational disease including but not limited to
any visible signs, any complaints of the worker, any time lost
from work, and the observable effect on the worker’s bodily
functions, so far as is known; and
(f) Such other pertinent information as the department
may prescribe by regulation.
(2) The employer shall not engage in claim suppression.
An employer found to have engaged in claim suppression
shall be subject to a penalty of at least two hundred fifty dollars, not to exceed two thousand five hundred dollars, for
each offense. The penalty shall be payable to the supplemental pension fund. The department shall adopt rules establishing the amount of penalties, taking into account the size of the
employer and whether there are prior findings of claim suppression. When a determination of claim suppression has
been made, the employer shall be prohibited from any current
or future participation in a retrospective rating program. If
self-insured, the director shall withdraw certification as provided in RCW 51.14.080.
(3) When a determination of claim suppression is made
and the penalty is assessed, the department shall serve the
employer and any affected retrospective rating group with a
determination as provided in RCW 51.52.050. The determination may be protested to the department or appealed to the
board of industrial insurance appeals. Once the order is final,
the amount due shall be collected in accordance with the provisions of RCW 51.48.140 and 51.48.150.
(4) The director, or the director’s designee, shall investigate reports or complaints that an employer has engaged in
claim suppression as prohibited in RCW 51.28.010(3). The
complaints or allegations must be received in writing, and
must include the name or names of the individuals or organizations submitting the complaint. In cases where the department can show probable cause, the director may subpoena
records from the employer, medical providers, and any other
entity that the director believes may have relevant informa51.28.025
[Title 51 RCW—page 38]
tion. The director’s investigative and subpoena authority in
this subsection is limited solely to investigations into allegations of claim suppression or where the director has probable
cause that claim suppression might have occurred.
(5) If the director determines that an employer has
engaged in claim suppression and, as a result, the worker has
not filed a claim for industrial insurance benefits as prescribed by law, then the director in his or her sole discretion
may waive the time limits for filing a claim provided in RCW
51.28.050, if the complaint or allegation of claim suppression
is received within two years of the worker’s accident or exposure. For the director to exercise this discretion, the claim
must be filed with the department within ninety days of the
date the determination of claim suppression is issued.
(6) For the purposes of this section, "claim suppression"
has the same meaning as in RCW 51.28.010(4). [2007 c 77 §
2; 2004 c 65 § 5; 1987 c 185 § 32; 1985 c 347 § 1; 1975 1st
ex.s. c 224 § 5; 1971 ex.s. c 289 § 39.]
Implementation—2007 c 77: See note following RCW 51.28.010.
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.28.030
51.28.030 Beneficiaries’ application for compensation—Notification of rights. Where death results from
injury the parties entitled to compensation under this title, or
someone in their behalf, shall make application for the same
to the department or self-insurer as the case may be, which
application must be accompanied with proof of death and
proof of relationship showing the parties to be entitled to
compensation under this title, certificates of attending physician or licensed advanced registered nurse practitioner, if
any, and such proof as required by the rules of the department.
Upon receipt of notice of accident under RCW
51.28.010, the director shall immediately forward to the party
or parties required to make application for compensation
under this section, notification, in nontechnical language, of
their rights under this title. [2004 c 65 § 6; 1972 ex.s. c 43 §
17; 1971 ex.s. c 289 § 6; 1961 c 23 § 51.28.030. Prior: 1927
c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part;
RRS § 7686, part.]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
51.28.040
51.28.040 Application for change in compensation. If
change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation
and other benefits if in order shall be allowed for periods of
time up to sixty days prior to the receipt of such application.
[1977 ex.s. c 199 § 1; 1961 c 23 § 51.28.040. Prior: 1927 c
310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS
§ 7686, part.]
(2008 Ed.)
Notice and Report of Accident—Application for Compensation
51.28.050 Time limitation for filing application or
enforcing claim for injury. No application shall be valid or
claim thereunder enforceable unless filed within one year
after the day upon which the injury occurred or the rights of
dependents or beneficiaries accrued, except as provided in
RCW 51.28.055 and 51.28.025(5). [2007 c 77 § 3; 1984 c
159 § 1; 1961 c 23 § 51.28.050. Prior: 1927 c 310 § 6, part;
1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
51.28.050
Implementation—2007 c 77: See note following RCW 51.28.010.
51.28.055 Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules. (1)
Except as provided in subsection (2) of this section for claims
filed for occupational hearing loss, claims for occupational
disease or infection to be valid and compensable must be
filed within two years following the date the worker had written notice from a physician or a licensed advanced registered
nurse practitioner: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may
be filed. The notice shall also contain a statement that the
worker has two years from the date of the notice to file a
claim. The physician or licensed advanced registered nurse
practitioner shall file the notice with the department. The
department shall send a copy to the worker and to the selfinsurer if the worker’s employer is self-insured. However, a
claim is valid if it is filed within two years from the date of
death of the worker suffering from an occupational disease.
(2)(a) Except as provided in (b) of this subsection, to be
valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the
date of the worker’s last injurious exposure to occupational
noise in employment covered under this title or within one
year of September 10, 2003, whichever is later.
(b) A claim for hearing loss due to occupational noise
exposure that is not timely filed under (a) of this subsection
can only be allowed for medical aid benefits under chapter
51.36 RCW.
(3) The department may adopt rules to implement this
section. [2004 c 65 § 7; 2003 2nd sp.s. c 2 § 1; 1984 c 159 §
2; 1977 ex.s. c 350 § 34; 1961 c 23 § 51.28.055. Prior: 1959
c 308 § 18; prior: 1957 c 70 § 16, part; 1951 c 236 § 1, part.]
51.28.055
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
51.28.060 Proof of dependency. A dependent shall at
all times furnish the department with proof satisfactory to the
director of the nature, amount and extent of the contribution
made by the deceased worker.
Proof of dependency by any beneficiary residing without
the United States shall be made before the nearest United
States consul or consular agency, under the seal of such consul or consular agent, and the department may cause any warrant or warrants to which such beneficiary is entitled to be
transmitted to the beneficiary through the nearest United
States consul or consular agent. [1977 ex.s. c 350 § 35; 1961
c 23 § 51.28.060. Prior: 1957 c 70 § 25; prior: (i) 1939 c 41
§ 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c
182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911
c 74 § 3, part; RRS § 7675, part. (ii) 1947 c 56 § 1, part; 1927
c 310 § 7, part; 1923 c 136 § 4, part; 1921 c 182 § 6, part;
51.28.060
(2008 Ed.)
51.28.100
1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem. Supp. 1947
§ 7684, part.]
51.28.070 Claim files and records confidential. Information contained in the claim files and records of injured
workers, under the provisions of this title, shall be deemed
confidential and shall not be open to public inspection (other
than to public employees in the performance of their official
duties), but representatives of a claimant, be it an individual
or an organization, may review a claim file or receive specific
information therefrom upon the presentation of the signed
authorization of the claimant. A claimant may review his or
her claim file if the director determines, pursuant to criteria
adopted by rule, that the review is in the claimant’s interest.
Employers or their duly authorized representatives may
review any files of their own injured workers in connection
with any pending claims. Physicians treating or examining
workers claiming benefits under this title, or physicians giving medical advice to the department regarding any claim
may, at the discretion of the department, inspect the claim
files and records of injured workers, and other persons may
make such inspection, at the department’s discretion, when
such persons are rendering assistance to the department at
any stage of the proceedings on any matter pertaining to the
administration of this title. [1990 c 209 § 2; 1977 ex.s. c 350
§ 36; 1975 1st ex.s. c 224 § 6; 1961 c 23 § 51.28.070. Prior:
1957 c 70 § 51.]
51.28.070
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.28.080 Determination of compensation for temporary total disability—Notification of employer. (1) An
employer shall be promptly notified by the department when:
(a) The department has received an application for compensation under this title. If the employer is a state fund
employer, the department shall instruct the employer to submit a report of accident form and provide a telephone number
for assistance in the reporting process; and
(b) It has determined that a worker of that employer is
entitled to compensation under RCW 51.32.090.
(2) Notification shall include, in nontechnical language,
an explanation of the employer’s rights under this title. [2005
c 108 § 4; 1985 c 338 § 2.]
51.28.080
51.28.090 Notification of availability of basic health
plan. The director shall notify persons receiving time-loss
payments under this chapter of the availability of basic health
care coverage to qualified enrollees under chapter 70.47
RCW, unless the Washington basic health plan administrator
has notified the director of closure of enrollment in the plan.
The director shall maintain supplies of Washington basic
health plan enrollment application forms in all field service
offices where the plan is available, which shall be provided in
reasonably necessary quantities by the administrator for the
use of persons wishing to apply for enrollment in the Washington basic health plan. [1987 1st ex.s. c 5 § 17.]
51.28.090
Severability—1987 1st ex.s. c 5: See note following RCW 70.47.901.
51.28.100 Physician assistant signatures—Documents required by the department. The department shall
51.28.100
[Title 51 RCW—page 39]
Chapter 51.32
Title 51 RCW: Industrial Insurance
accept the signature of a physician assistant on any certificate, card, form, or other documentation required by the
department that the physician assistant’s supervising physician or physicians may sign, provided that it is within the
physician assistant’s scope of practice, and is consistent with
the terms of the physician assistant’s practice arrangement
plan as required by chapters 18.57A and 18.71A RCW. Consistent with the terms of this section, the authority of a physician assistant to sign such certificates, cards, forms, or other
documentation includes, but is not limited to, the execution
of the certificate required in RCW 51.28.020. A physician
assistant may not rate a worker’s permanent partial disability
under RCW 51.32.055. [2007 c 263 § 1.]
Report to legislature—2007 c 263: "By December 1, 2008, the department of labor and industries shall report to the legislature on implementation
of this act, including but not limited to the effects of this act on injured
worker outcomes, claim costs, and disputed claims." [2007 c 263 § 2.]
Effective date—2007 c 263: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 263 § 3.]
Chapter 51.32 RCW
COMPENSATION—RIGHT TO AND AMOUNT
Chapter 51.32
Sections
51.32.010
51.32.015
51.32.020
51.32.025
51.32.030
51.32.040
51.32.045
51.32.050
51.32.055
51.32.060
51.32.067
51.32.072
51.32.073
51.32.075
51.32.080
51.32.090
51.32.095
51.32.098
51.32.099
51.32.0991
51.32.100
51.32.110
51.32.112
51.32.114
51.32.120
51.32.130
51.32.135
51.32.140
51.32.150
51.32.160
51.32.180
51.32.185
51.32.190
51.32.195
51.32.200
51.32.210
51.32.215
51.32.220
51.32.225
51.32.230
51.32.240
51.32.242
51.32.250
51.32.260
51.32.300
51.32.350
51.32.360
51.32.370
51.32.380
Self-insurers—Information to department.
Self-insurers—Enforcement of compensation order against.
Claims of injured workers, prompt action—Payment—Acceptance—Effect.
Payment of compensation after appeal—Enforcement of
order—Penalty.
Reduction in total disability compensation—Limitations—
Notice—Waiver—Adjustment for retroactive reduction in
federal social security disability benefit—Restrictions.
Reduction in total disability compensation—Offset for social
security retirement benefits.
Recovery of overpayments.
Erroneous payments—Payments induced by willful misrepresentation—Adjustment for self-insurer’s failure to pay benefits—Penalty—Appeal—Enforcement of orders.
Self-insured employer overpayment reimbursement fund—
Withholding from worker earnings—Use of funds—Exception.
Payment of job modification costs.
Compensation for loss or damage to personal effects.
State employee vocational rehabilitation coordinator.
Chemically related illness—Criteria and procedures for
claims—Claims management.
Chemically related illness—Centers for research and clinical
assessment.
Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees’ pay.
Injured offenders—Benefits sent in the care of the department
of corrections—Exception—Liability.
Self-insured employer overpayment reimbursement fund: RCW 51.44.142.
Victims of crimes, benefits: Chapter 7.68 RCW.
51.32.010 Who entitled to compensation. Each
worker injured in the course of his or her employment, or his
or her family or dependents in case of death of the worker,
shall receive compensation in accordance with this chapter,
and, except as in this title otherwise provided, such payment
shall be in lieu of any and all rights of action whatsoever
against any person whomsoever: PROVIDED, That if an
injured worker, or the surviving spouse of an injured worker
shall not have the legal custody of a child for, or on account
of whom payments are required to be made under this title,
such payment or payments shall be made to the person or persons having the legal custody of such child but only for the
periods of time after the department has been notified of the
fact of such legal custody, and it shall be the duty of any such
person or persons receiving payments because of legal custody of any child immediately to notify the department of any
change in such legal custody. [1977 ex.s. c 350 § 37; 1975
1st ex.s. c 224 § 7; 1971 ex.s. c 289 § 40; 1961 c 23 §
51.32.010. Prior: 1957 c 70 § 26; prior: 1949 c 219 § 1, part;
1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4,
part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1,
part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.32.010
Who entitled to compensation.
Time and place of coverage—Lunch period.
Who not entitled to compensation.
Payments for children cease at age eighteen—Exceptions.
When compensation payable to employer or member of corporate employer.
Protection of awards—Payment after death—Time limitations
for filing—Confinement in institution.
Direct deposit of benefits.
Death benefits.
Determination of permanent disabilities—Closure of claims
by self-insurers.
Permanent total disability compensation—Personal attendant.
Permanent total disability—Death benefit options—Election.
Additional payments for prior pensioners—Children—Remarriage—Attendant.
Additional payments for prior pensioners—Premium liability
of worker and employer for additional payments.
Adjustments in compensation or death benefits.
Permanent partial disability—Specified—Unspecified, rules
for classification—Injury after permanent partial disability.
Temporary total disability—Partial restoration of earning
power—Return to available work—When employer continues wages—Limitations.
Vocational rehabilitation services—Benefits—Priorities—
Allowable costs—Performance criteria.
Vocational rehabilitation services—Applicability.
Vocational rehabilitation pilot program—Vocational plans.
Vocational services and plans—Costs—Medical aid fund
expenses.
Preexisting disease.
Medical examination—Refusal to submit—Traveling
expenses—Pay for time lost.
Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and
reporting criteria.
Medical examination—Department to monitor quality and
objectivity.
Further accident after lump sum payment.
Lump sum for death or permanent total disability.
Closing of claim in pension cases—Consent of spouse.
Nonresident alien beneficiary.
Lump sum to beneficiary outside state.
Aggravation, diminution, or termination.
Occupational diseases—Limitation.
Occupational diseases—Presumption of occupational disease
for firefighters—Limitations—Exception—Rules.
Self-insurers—Notice of denial of claim, reasons—Procedure—Powers and duties of director.
[Title 51 RCW—page 40]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.015 Time and place of coverage—Lunch
period. The benefits of Title 51 RCW shall be provided to
each worker receiving an injury, as defined therein, during
the course of his or her employment and also during his or her
lunch period as established by the employer while on the jobsite. The jobsite shall consist of the premises as are occupied,
used or contracted for by the employer for the business or
work process in which the employer is then engaged: PROVIDED, That if a worker by reason of his or her employment
51.32.015
(2008 Ed.)
Compensation—Right to and Amount
51.32.040
leaves such jobsite under the direction, control or request of
the employer and if such worker is injured during his or her
lunch period while so away from the jobsite, the worker shall
receive the benefits as provided herein: AND PROVIDED
FURTHER, That the employer need not consider the lunch
period in his or her payroll for the purpose of reporting to the
department unless the worker is actually paid for such period
of time. [1977 ex.s. c 350 § 38; 1971 ex.s. c 289 § 41; 1961
c 107 § 1.]
nently enrolled whichever occurs first. Where the worker sustains an injury or dies when any of the worker’s children is
over the age of eighteen years and is either a dependent
invalid child or is a child permanently enrolled at a full time
course in an accredited school the payment to or on account
of any such child shall be made as herein provided. [1987 c
185 § 33; 1975 1st ex.s. c 224 § 11.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.020 Who not entitled to compensation. If injury
or death results to a worker from the deliberate intention of
the worker himself or herself to produce such injury or death,
or while the worker is engaged in the attempt to commit, or
the commission of, a felony, neither the worker nor the
widow, widower, child, or dependent of the worker shall
receive any payment under this title.
If injury or death results to a worker from the deliberate
intention of a beneficiary of that worker to produce the injury
or death, or if injury or death results to a worker as a consequence of a beneficiary of that worker engaging in the
attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this title.
An invalid child, while being supported and cared for in
a state institution, shall not receive compensation under this
chapter.
No payment shall be made to or for a natural child of a
deceased worker and, at the same time, as the stepchild of a
deceased worker. [1995 c 160 § 2; 1977 ex.s. c 350 § 39;
1971 ex.s. c 289 § 42; 1961 c 23 § 51.32.020. Prior: 1957 c
70 § 27; prior: (i) 1927 c 310 § 5, part; 1919 c 131 § 5, part;
1911 c 74 § 6, part; RRS § 7680, part. (ii) 1949 c 219 § 1,
part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 §
4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.32.030 When compensation payable to employer
or member of corporate employer. Any sole proprietor,
partner, or joint venturer who has requested coverage under
this title and who shall thereafter be injured or sustain an
occupational disease, shall be entitled to the benefit of this
title, as and under the same circumstances and subject to the
same obligations as a worker: PROVIDED, That no such
person or the beneficiaries thereof shall be entitled to benefits
under this title unless the department has received notice in
writing of such request on such forms as the department may
provide prior to the date of the injury or occupational disease
as the result of which claims are made: PROVIDED, That
the department shall have the power to cancel the personal
coverage of any such person if any required payments or
reports have not been made. [1980 c 14 § 8. Prior: 1977 ex.s.
c 350 § 40; 1977 ex.s. c 323 § 14; 1961 c 23 § 51.32.030;
prior: 1957 c 70 § 28; prior: 1939 c 41 § 2, part; 1929 c 132
§ 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c
131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS
§ 7675, part.]
51.32.020
Application—1995 c 160 §§ 2 and 3: "Sections 2 and 3 of this act shall
apply from July 23, 1995, without regard to the date of injury or the date of
filing a claim." [1995 c 160 § 8.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.025 Payments for children cease at age eighteen—Exceptions. Any payments to or on account of any
child or children of a deceased or temporarily or totally permanently disabled worker pursuant to any of the provisions
of chapter 51.32 RCW shall terminate when any such child
reaches the age of eighteen years unless such child is a dependent invalid child or is permanently enrolled at a full time
course in an accredited school, in which case such payments
after age eighteen shall be made directly to such child. Payments to any dependent invalid child over the age of eighteen
years shall continue in the amount previously paid on account
of such child until he shall cease to be dependent. Payments
to any child over the age of eighteen years permanently
enrolled at a full time course in an accredited school shall
continue in the amount previously paid on account of such
child until the child reaches an age over that provided for in
the definition of "child" in this title or ceases to be perma51.32.025
(2008 Ed.)
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
51.32.030
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.040 Protection of awards—Payment after
death—Time limitations for filing—Confinement in institution. (1) Except as provided in RCW 43.20B.720,
72.09.111, 74.20A.260, and 51.32.380, no money paid or
payable under this title shall, before the issuance and delivery
of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other
person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge
is void unless the transfer is to a financial institution at the
request of a worker or other beneficiary and made in accordance with RCW 51.32.045.
(2)(a) If any worker suffers (i) a permanent partial injury
and dies from some other cause than the accident which produced the injury before he or she receives payment of the
award for the permanent partial injury or (ii) any other injury
before he or she receives payment of any monthly installment
covering any period of time before his or her death, the
amount of the permanent partial disability award or the
monthly payment, or both, shall be paid to the surviving
spouse or the child or children if there is no surviving spouse.
If there is no surviving spouse and no child or children, the
award or the amount of the monthly payment shall be paid by
the department or self-insurer and distributed consistent with
the terms of the decedent’s will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
51.32.040
[Title 51 RCW—page 41]
51.32.045
Title 51 RCW: Industrial Insurance
(b) If any worker suffers an injury and dies from it before
he or she receives payment of any monthly installment covering time loss for any period of time before his or her death,
the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving
spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the
department or self-insurer and distributed consistent with the
terms of the decedent’s will or, if the decedent dies intestate,
consistent with the terms of RCW 11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring
employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this
subsection (2) by sending any payment due in the name of the
decedent and to the last known address of the decedent.
(3)(a) Any worker or beneficiary receiving benefits
under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while
confined in, any institution under conviction and sentence
shall have all payments of the compensation canceled during
the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the
worker or beneficiary would, except for the provisions of this
subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her
employment while participating in a work or training release
program authorized by chapter 72.65 RCW and is subject to
the provisions of this title, he or she is entitled to payments
under this title, subject to the requirements of chapter 72.65
RCW, unless his or her participation in the program has been
canceled, or unless he or she is returned to a state correctional
institution, as defined in RCW 72.65.010(3), as a result of
revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during
the confinement period during which benefits are canceled
under (a) or (b) of this subsection, they shall be paid directly
the monthly benefits which would have been paid to the
worker for himself or herself and the worker’s beneficiaries
had the worker not been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall
be paid on a monthly basis to his or her beneficiaries. [2003
c 379 § 27; 1999 c 185 § 1; 1996 c 47 § 1; 1995 c 160 § 3;
1987 c 75 § 7; 1983 c 2 § 13. Prior: 1982 c 201 § 8; 1982 c
109 § 10; 1979 ex.s. c 171 § 11; 1977 ex.s. c 350 § 41; 1975
1st ex.s. c 224 § 8; 1974 ex.s. c 30 § 1; prior: 1973 1st ex.s. c
154 § 95; 1972 ex.s. c 43 § 18; 1971 ex.s. c 289 § 43; 1965
ex.s. c 165 § 2; 1961 c 23 § 51.32.040; prior: 1957 c 70 § 29;
prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923 c 136 §
4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part; 1911 c 74
§ 10, part; Rem. Supp. 1947 § 7684, part.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Application—1995 c 160 §§ 2 and 3: See note following RCW
51.32.020.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Severability—1983 c 2: See note following RCW 18.71.030.
[Title 51 RCW—page 42]
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.32.045 Direct deposit of benefits. Any worker or
other recipient of benefits under this title may elect to have
any payments due transferred to such person’s account in a
financial institution for either: (1) Credit to the recipient’s
account in such financial institution; or (2) immediate transfer therefrom to the recipient’s account in any other financial
institution. A single warrant may be drawn in favor of such
financial institution, for the total amount due the recipients
involved, and written directions provided to such financial
institution of the amount to be credited to the account of a
recipient or to be transferred to an account in another financial institution for such recipient. The issuance and delivery
by the disbursing officer of a warrant in accordance with the
procedure set forth in this section and proper indorsement
thereof by the financial institution shall have the same legal
effect as payment directly to the recipient.
For the purposes of this section "financial institution"
shall have the meaning given in RCW 41.04.240 as now or
hereafter amended. [1982 c 109 § 11.]
51.32.045
51.32.050 Death benefits. (1) Where death results from
the injury the expenses of burial not to exceed two hundred
percent of the average monthly wage in the state as defined in
RCW 51.08.018 shall be paid.
(2)(a) Where death results from the injury, a surviving
spouse of a deceased worker eligible for benefits under this
title shall receive monthly for life or until remarriage payments according to the following schedule:
(i) If there are no children of the deceased worker, sixty
percent of the wages of the deceased worker;
(ii) If there is one child of the deceased worker and in the
legal custody of such spouse, sixty-two percent of the wages
of the deceased worker;
(iii) If there are two children of the deceased worker and
in the legal custody of such spouse, sixty-four percent of the
wages of the deceased worker;
(iv) If there are three children of the deceased worker and
in the legal custody of such spouse, sixty-six percent of the
wages of the deceased worker;
(v) If there are four children of the deceased worker and
in the legal custody of such spouse, sixty-eight percent of the
wages of the deceased worker; or
(vi) If there are five or more children of the deceased
worker and in the legal custody of such spouse, seventy percent of the wages of the deceased worker.
(b) Where the surviving spouse does not have legal custody of any child or children of the deceased worker or where
after the death of the worker legal custody of such child or
children passes from such surviving spouse to another, any
payment on account of such child or children not in the legal
custody of the surviving spouse shall be made to the person
or persons having legal custody of such child or children.
The amount of such payments shall be five percent of the
monthly benefits payable as a result of the worker’s death for
each such child but such payments shall not exceed twentyfive percent. Such payments on account of such child or chil51.32.050
(2008 Ed.)
Compensation—Right to and Amount
dren shall be subtracted from the amount to which such surviving spouse would have been entitled had such surviving
spouse had legal custody of all of the children and the surviving spouse shall receive the remainder after such payments
on account of such child or children have been subtracted.
Such payments on account of a child or children not in the
legal custody of such surviving spouse shall be apportioned
equally among such children.
(c) Payments to the surviving spouse of the deceased
worker shall cease at the end of the month in which remarriage occurs: PROVIDED, That a monthly payment shall be
made to the child or children of the deceased worker from the
month following such remarriage in a sum equal to five percent of the wages of the deceased worker for one child and a
sum equal to five percent for each additional child up to a
maximum of five such children. Payments to such child or
children shall be apportioned equally among such children.
Such sum shall be in place of any payments theretofore made
for the benefit of or on account of any such child or children.
If the surviving spouse does not have legal custody of any
child or children of the deceased worker, or if after the death
of the worker, legal custody of such child or children passes
from such surviving spouse to another, any payment on
account of such child or children not in the legal custody of
the surviving spouse shall be made to the person or persons
having legal custody of such child or children.
(d) In no event shall the monthly payments provided in
subsection (2) of this section:
(i) Exceed the applicable percentage of the average
monthly wage in the state as computed under RCW
51.08.018 as follows:
AFTER
PERCENTAGE
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
105%
110%
115%
120%
(ii) For dates of injury or disease manifestation after July
1, 2008, be less than fifteen percent of the average monthly
wage in the state as computed under RCW 51.08.018 plus an
additional ten dollars per month for a surviving spouse and an
additional ten dollars per month for each child of the worker
up to a maximum of five children. However, if the monthly
payment computed under this subsection (2)(d)(ii) is greater
than one hundred percent of the wages of the deceased
worker as determined under RCW 51.08.178, the monthly
payment due to the surviving spouse shall be equal to the
greater of the monthly wages of the deceased worker or the
minimum benefit set forth in this section on June 30, 2008.
(e) In addition to the monthly payments provided for in
subsection (2)(a) through (c) of this section, a surviving
spouse or child or children of such worker if there is no surviving spouse, or dependent parent or parents, if there is no
surviving spouse or child or children of any such deceased
worker shall be forthwith paid a sum equal to one hundred
percent of the average monthly wage in the state as defined in
RCW 51.08.018, any such children, or parents to share and
share alike in said sum.
(f) Upon remarriage of a surviving spouse the monthly
payments for the child or children shall continue as provided
(2008 Ed.)
51.32.050
in this section, but the monthly payments to such surviving
spouse shall cease at the end of the month during which
remarriage occurs. However, after September 8, 1975, an
otherwise eligible surviving spouse of a worker who died at
any time prior to or after September 8, 1975, shall have an
option of:
(i) Receiving, once and for all, a lump sum of twentyfour times the monthly compensation rate in effect on the
date of remarriage allocable to the spouse for himself or herself pursuant to subsection (2)(a)(i) of this section and subject
to any modifications specified under subsection (2)(d) of this
section and RCW 51.32.075(3) or fifty percent of the then
remaining annuity value of his or her pension, whichever is
the lesser: PROVIDED, That if the injury occurred prior to
July 28, 1991, the remarriage benefit lump sum available
shall be as provided in the remarriage benefit schedules then
in effect; or
(ii) If a surviving spouse does not choose the option
specified in subsection (2)(f)(i) of this section to accept the
lump sum payment, the remarriage of the surviving spouse of
a worker shall not bar him or her from claiming the lump sum
payment authorized in subsection (2)(f)(i) of this section during the life of the remarriage, or shall not prevent subsequent
monthly payments to him or to her if the remarriage has been
terminated by death or has been dissolved or annulled by
valid court decree provided he or she has not previously
accepted the lump sum payment.
(g) If the surviving spouse during the remarriage should
die without having previously received the lump sum payment provided in subsection (2)(f)(i) of this section, his or her
estate shall be entitled to receive the sum specified under subsection (2)(f)(i) of this section or fifty percent of the then
remaining annuity value of his or her pension whichever is
the lesser.
(h) The effective date of resumption of payments under
subsection (2)(f)(ii) of this section to a surviving spouse
based upon termination of a remarriage by death, annulment,
or dissolution shall be the date of the death or the date the
judicial decree of annulment or dissolution becomes final and
when application for the payments has been received.
(i) If it should be necessary to increase the reserves in the
reserve fund or to create a new pension reserve fund as a
result of the amendments in chapter 45, Laws of 1975-’76
2nd ex. sess., the amount of such increase in pension reserve
in any such case shall be transferred to the reserve fund from
the supplemental pension fund.
(3) If there is a child or children and no surviving spouse
of the deceased worker or the surviving spouse is not eligible
for benefits under this title, a sum equal to thirty-five percent
of the wages of the deceased worker shall be paid monthly for
one child and a sum equivalent to fifteen percent of such
wage shall be paid monthly for each additional child, the total
of such sum to be divided among such children, share and
share alike: PROVIDED, That benefits under this subsection
or subsection (4) of this section shall not exceed the lesser of
sixty-five percent of the wages of the deceased worker at the
time of his or her death or the applicable percentage of the
average monthly wage in the state as defined in RCW
51.08.018, as follows:
[Title 51 RCW—page 43]
51.32.055
Title 51 RCW: Industrial Insurance
AFTER
PERCENTAGE
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
105%
110%
115%
120%
(4) In the event a surviving spouse receiving monthly
payments dies, the child or children of the deceased worker
shall receive the same payment as provided in subsection (3)
of this section.
(5) If the worker leaves no surviving spouse or child, but
leaves a dependent or dependents, a monthly payment shall
be made to each dependent equal to fifty percent of the average monthly support actually received by such dependent
from the worker during the twelve months next preceding the
occurrence of the injury, but the total payment to all dependents in any case shall not exceed the lesser of sixty-five percent of the wages of the deceased worker at the time of his or
her death or the applicable percentage of the average monthly
wage in the state as defined in RCW 51.08.018 as follows:
AFTER
PERCENTAGE
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
105%
110%
115%
120%
If any dependent is under the age of eighteen years at the
time of the occurrence of the injury, the payment to such
dependent shall cease when such dependent reaches the age
of eighteen years except such payments shall continue until
the dependent reaches age twenty-three while permanently
enrolled at a full time course in an accredited school. The
payment to any dependent shall cease if and when, under the
same circumstances, the necessity creating the dependency
would have ceased if the injury had not happened.
(6) For claims filed prior to July 1, 1986, if the injured
worker dies during the period of permanent total disability,
whatever the cause of death, leaving a surviving spouse, or
child, or children, the surviving spouse or child or children
shall receive benefits as if death resulted from the injury as
provided in subsections (2) through (4) of this section. Upon
remarriage or death of such surviving spouse, the payments
to such child or children shall be made as provided in subsection (2) of this section when the surviving spouse of a
deceased worker remarries.
(7) For claims filed on or after July 1, 1986, every
worker who becomes eligible for permanent total disability
benefits shall elect an option as provided in RCW 51.32.067.
[2007 c 284 § 1; 1995 c 199 § 6; 1993 c 521 § 1; 1991 c 88 §
2; 1988 c 161 § 2; 1986 c 58 § 3; 1982 c 63 § 18; 1977 ex.s.
c 350 § 42; 1975-’76 2nd ex.s. c 45 § 2; 1975 1st ex.s. c 179
§ 1; 1973 1st ex.s. c 154 § 96; 1972 ex.s. c 43 § 19; 1971 ex.s.
c 289 § 7; 1965 ex.s. c 122 § 1; 1961 c 274 § 1; 1961 c 23 §
51.32.050. Prior: 1957 c 70 § 30; 1951 c 115 § 1; prior:
1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2,
part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 §
4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 §
5, part; Rem. Supp. 1949 § 7679, part.]
Effective date—2007 c 284: "This act takes effect July 1, 2008." [2007
c 284 § 4.]
[Title 51 RCW—page 44]
Severability—1995 c 199: See note following RCW 51.12.120.
Effective date—1993 c 521: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 521 § 4.]
Benefit increases—Application to certain retrospective rating
agreements—1988 c 161: "The increases in benefits in RCW 51.32.050,
51.32.060, 51.32.090, and 51.32.180, contained in chapter 161, Laws of
1988 do not affect a retrospective rating agreement entered into by any
employer with the department before July 1, 1988." [1988 c 161 § 15.]
Effective dates—1988 c 161 §§ 1, 2, 3, 4, and 6: "Section 4 of this act
shall take effect on June 30, 1989. Sections 1, 2, 3, and 6 of this act shall take
effect on July 1, 1988." [1988 c 161 § 17.]
Effective date—1986 c 58 §§ 2 and 3: See note following RCW
51.32.080.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Legislative intent—1975 1st ex.s. c 179: "The legislative intent of
chapter 179, Laws of 1975 1st ex. sess. (2nd SSB No. 2241) was in part to
offer surviving spouses of eligible workmen two options upon remarriage;
such options to be available to any otherwise eligible surviving spouse
regardless of the date of death of the injured workman. Accordingly this
1976 amendatory act is required to clarify that intent." [1975-’76 2nd ex.s. c
45 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.32.055 Determination of permanent disabilities—
Closure of claims by self-insurers. (1) One purpose of this
title is to restore the injured worker as nearly as possible to
the condition of self-support as an able-bodied worker. Benefits for permanent disability shall be determined under the
director’s supervision, except as otherwise authorized in subsection (9) of this section, only after the injured worker’s
condition becomes fixed.
(2) All determinations of permanent disabilities shall be
made by the department, except as otherwise authorized in
subsection (9) of this section. Either the worker, employer,
or self-insurer may make a request or the inquiry may be initiated by the director or, as authorized in subsection (9) of this
section, by the self-insurer on the director or the self-insurer’s
own motion. Determinations shall be required in every
instance where permanent disability is likely to be present.
All medical reports and other pertinent information in the
possession of or under the control of the employer or, if the
self-insurer has made a request to the department, in the possession of or under the control of the self-insurer shall be forwarded to the director with the request.
(3) A request for determination of permanent disability
shall be examined by the department or, if authorized in subsection (9) of this section, the self-insurer, and the department shall issue an order in accordance with RCW 51.52.050
or, in the case of a self-insured employer, the self-insurer
may: (a) Enter a written order, communicated to the worker
and the department self-insurance section in accordance with
subsection (9) of this section, or (b) request the department to
issue an order in accordance with RCW 51.52.050.
(4) The department or, in cases authorized in subsection
(9) of this section, the self-insurer may require that the
worker present himself or herself for a special medical examination by a physician or physicians selected by the department, and the department or, in cases authorized in subsection (9) of this section, the self-insurer may require that the
worker present himself or herself for a personal interview.
The costs of the examination or interview, including payment
51.32.055
(2008 Ed.)
Compensation—Right to and Amount
of any reasonable travel expenses, shall be paid by the department or self-insurer, as the case may be.
(5) The director may establish a medical bureau within
the department to perform medical examinations under this
section. Physicians hired or retained for this purpose shall be
grounded in industrial medicine and in the assessment of
industrial physical impairment. Self-insurers shall bear a
proportionate share of the cost of the medical bureau in a
manner to be determined by the department.
(6) Where a dispute arises from the handling of any
claim before the condition of the injured worker becomes
fixed, the worker, employer, or self-insurer may request the
department to resolve the dispute or the director may initiate
an inquiry on his or her own motion. In these cases, the
department shall proceed as provided in this section and an
order shall issue in accordance with RCW 51.52.050.
(7)(a) If a claim (i) is accepted by a self-insurer after
June 30, 1986, and before August 1, 1997, (ii) involves only
medical treatment and the payment of temporary disability
compensation under RCW 51.32.090 or only the payment of
temporary disability compensation under RCW 51.32.090,
(iii) at the time medical treatment is concluded does not
involve permanent disability, (iv) is one with respect to
which the department has not intervened under subsection (6)
of this section, and (v) the injured worker has returned to
work with the self-insured employer of record, whether at the
worker’s previous job or at a job that has comparable wages
and benefits, the claim may be closed by the self-insurer, subject to reporting of claims to the department in a manner prescribed by department rules adopted under chapter 34.05
RCW.
(b) All determinations of permanent disability for claims
accepted under this subsection (7) by self-insurers shall be
made by the self-insured section of the department under subsections (1) through (4) of this section.
(c) Upon closure of a claim under (a) of this subsection,
the self-insurer shall enter a written order, communicated to
the worker and the department self-insurance section, which
contains the following statement clearly set forth in bold face
type: "This order constitutes notification that your claim is
being closed with medical benefits and temporary disability
compensation only as provided, and with the condition you
have returned to work with the self-insured employer. If for
any reason you disagree with the conditions or duration of
your return to work or the medical benefits or the temporary
disability compensation that has been provided, you must
protest in writing to the department of labor and industries,
self-insurance section, within sixty days of the date you
received this order."
(8)(a) If a claim (i) is accepted by a self-insurer after
June 30, 1990, and before August 1, 1997, (ii) involves only
medical treatment, (iii) does not involve payment of temporary disability compensation under RCW 51.32.090, and (iv)
at the time medical treatment is concluded does not involve
permanent disability, the claim may be closed by the selfinsurer, subject to reporting of claims to the department in a
manner prescribed by department rules adopted under chapter 34.05 RCW. Upon closure of a claim, the self-insurer
shall enter a written order, communicated to the worker,
which contains the following statement clearly set forth in
bold-face type: "This order constitutes notification that your
(2008 Ed.)
51.32.055
claim is being closed with medical benefits only, as provided.
If for any reason you disagree with this closure, you must
protest in writing to the Department of Labor and Industries,
Olympia, within 60 days of the date you received this order.
The department will then review your claim and enter a further determinative order."
(b) All determinations of permanent disability for claims
accepted under this subsection (8) by self-insurers shall be
made by the self-insured section of the department under subsections (1) through (4) of this section.
(9)(a) If a claim: (i) Is accepted by a self-insurer after
July 31, 1997; (ii)(A) involves only medical treatment, or
medical treatment and the payment of temporary disability
compensation under RCW 51.32.090, and a determination of
permanent partial disability, if applicable, has been made by
the self-insurer as authorized in this subsection; or (B)
involves only the payment of temporary disability compensation under RCW 51.32.090 and a determination of permanent
partial disability, if applicable, has been made by the selfinsurer as authorized in this subsection; (iii) is one with
respect to which the department has not intervened under
subsection (6) of this section; and (iv) concerns an injured
worker who has returned to work with the self-insured
employer of record, whether at the worker’s previous job or
at a job that has comparable wages and benefits, the claim
may be closed by the self-insurer, subject to reporting of
claims to the department in a manner prescribed by department rules adopted under chapter 34.05 RCW.
(b) If a physician or licensed advanced registered nurse
practitioner submits a report to the self-insurer that concludes
that the worker’s condition is fixed and stable and supports
payment of a permanent partial disability award, and if within
fourteen days from the date the self-insurer mailed the report
to the attending or treating physician or licensed advanced
registered nurse practitioner, the worker’s attending or treating physician or licensed advanced registered nurse practitioner disagrees in writing that the worker’s condition is fixed
and stable, the self-insurer must get a supplemental medical
opinion from a provider on the department’s approved examiner’s list before closing the claim. In the alternative, the
self-insurer may forward the claim to the department, which
must review the claim and enter a final order as provided for
in RCW 51.52.050.
(c) Upon closure of a claim under this subsection (9), the
self-insurer shall enter a written order, communicated to the
worker and the department self-insurance section, which contains the following statement clearly set forth in bold-face
type: "This order constitutes notification that your claim is
being closed with such medical benefits and temporary disability compensation as provided to date and with such award
for permanent partial disability, if any, as set forth below, and
with the condition that you have returned to work with the
self-insured employer. If for any reason you disagree with
the conditions or duration of your return to work or the medical benefits, temporary disability compensation provided, or
permanent partial disability that has been awarded, you must
protest in writing to the Department of Labor and Industries,
Self-Insurance Section, within sixty days of the date you
received this order. If you do not protest this order to the
department, this order will become final."
[Title 51 RCW—page 45]
51.32.060
Title 51 RCW: Industrial Insurance
(d) All determinations of permanent partial disability for
claims accepted by self-insurers under this subsection (9)
may be made by the self-insurer or the self-insurer may
request a determination by the self-insured section of the
department. All determinations shall be made under subsections (1) through (4) of this section.
(10) If the department receives a protest of an order
issued by a self-insurer under subsections (7) through (9) of
this section, the self-insurer’s closure order must be held in
abeyance. The department shall review the claim closure
action and enter a further determinative order as provided for
in RCW 51.52.050. If no protest is timely filed, the closing
order issued by the self-insurer shall become final and shall
have the same force and effect as a department order that has
become final under RCW 51.52.050.
(11) If within two years of claim closure under subsections (7) through (9) of this section, the department determines that the self-insurer has made payment of benefits
because of clerical error, mistake of identity, or innocent misrepresentation or the department discovers a violation of the
conditions of claim closure, the department may require the
self-insurer to correct the benefits paid or payable. This subsection (11) does not limit in any way the application of
RCW 51.32.240.
(12) For the purposes of this section, "comparable wages
and benefits" means wages and benefits that are at least
ninety-five percent of the wages and benefits received by the
worker at the time of injury. [2004 c 65 § 8; 1997 c 416 § 1;
1994 c 97 § 1; 1988 c 161 § 13; 1986 c 55 § 1; 1981 c 326 §
1; 1977 ex.s. c 350 § 43; 1971 ex.s. c 289 § 46.]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Report to the legislature—1997 c 416: "The department of labor and
industries shall review the permanent partial disability claims closure activity by self-insured employers authorized under RCW 51.32.055(9) through
at least June 30, 1999. The department must also review the claims closure
activity by the self-insured section of the department for the same period.
The review of these activities must include the number and types of claims
closed, protested, reconsidered, and appealed, and the results of such activities, including the results of injured worker satisfaction surveys conducted
by the department. The department must report on its review to the appropriate committees of the legislature no later than January 1, 2000." [1997 c
416 § 2.]
Effective date—Applicability—1986 c 55 § 1: "Section 1 of this act
shall take effect July 1, 1986, and shall apply to claims accepted after June
30, 1986." [1986 c 55 § 4.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.060 Permanent total disability compensation—
Personal attendant. (1) When the supervisor of industrial
insurance shall determine that permanent total disability
results from the injury, the worker shall receive monthly during the period of such disability:
(a) If married at the time of injury, sixty-five percent of
his or her wages.
(b) If married with one child at the time of injury,
sixty-seven percent of his or her wages.
(c) If married with two children at the time of injury,
sixty-nine percent of his or her wages.
(d) If married with three children at the time of injury,
seventy-one percent of his or her wages.
51.32.060
[Title 51 RCW—page 46]
(e) If married with four children at the time of injury,
seventy-three percent of his or her wages.
(f) If married with five or more children at the time of
injury, seventy-five percent of his or her wages.
(g) If unmarried at the time of the injury, sixty percent of
his or her wages.
(h) If unmarried with one child at the time of injury,
sixty-two percent of his or her wages.
(i) If unmarried with two children at the time of injury,
sixty-four percent of his or her wages.
(j) If unmarried with three children at the time of injury,
sixty-six percent of his or her wages.
(k) If unmarried with four children at the time of injury,
sixty-eight percent of his or her wages.
(l) If unmarried with five or more children at the time of
injury, seventy percent of his or her wages.
(2) For any period of time where both husband and wife
are entitled to compensation as temporarily or totally disabled workers, only that spouse having the higher wages of
the two shall be entitled to claim their child or children for
compensation purposes.
(3) In case of permanent total disability, if the character
of the injury is such as to render the worker so physically
helpless as to require the hiring of the services of an attendant, the department shall make monthly payments to such
attendant for such services as long as such requirement continues, but such payments shall not obtain or be operative
while the worker is receiving care under or pursuant to the
provisions of chapter 51.36 RCW and RCW 51.04.105.
(4) Should any further accident result in the permanent
total disability of an injured worker, he or she shall receive
the pension to which he or she would be entitled, notwithstanding the payment of a lump sum for his or her prior
injury.
(5) In no event shall the monthly payments provided in
this section:
(a) Exceed the applicable percentage of the average
monthly wage in the state as computed under the provisions
of RCW 51.08.018 as follows:
AFTER
PERCENTAGE
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
105%
110%
115%
120%
(b) For dates of injury or disease manifestation after July
1, 2008, be less than fifteen percent of the average monthly
wage in the state as computed under RCW 51.08.018 plus an
additional ten dollars per month if a worker is married and an
additional ten dollars per month for each child of the worker
up to a maximum of five children. However, if the monthly
payment computed under this subsection (5)(b) is greater
than one hundred percent of the wages of the worker as determined under RCW 51.08.178, the monthly payment due to
the worker shall be equal to the greater of the monthly wages
of the worker or the minimum benefit set forth in this section
on June 30, 2008.
The limitations under this subsection shall not apply to
the payments provided for in subsection (3) of this section.
(2008 Ed.)
Compensation—Right to and Amount
(6) In the case of new or reopened claims, if the supervisor of industrial insurance determines that, at the time of filing or reopening, the worker is voluntarily retired and is no
longer attached to the workforce, benefits shall not be paid
under this section.
(7) The benefits provided by this section are subject to
modification under RCW 51.32.067. [2007 c 284 § 2; 1993 c
521 § 2; 1988 c 161 § 1. Prior: 1986 c 59 § 1; 1986 c 58 § 5;
1983 c 3 § 159; 1977 ex.s. c 350 § 44; 1975 1st ex.s. c 224 §
9; 1973 c 147 § 1; 1972 ex.s. c 43 § 20; 1971 ex.s. c 289 § 8;
1965 ex.s. c 122 § 2; 1961 c 274 § 2; 1961 c 23 § 51.32.060;
prior: 1957 c 70 § 31; 1951 c 115 § 2; prior: 1949 c 219 § 1,
part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 §
4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
Effective date—2007 c 284: See note following RCW 51.32.050.
Effective date—1993 c 521: See note following RCW 51.32.050.
Benefit increases—Application to certain retrospective rating
agreements—Effective dates—1988 c 161: See notes following RCW
51.32.050.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.067 Permanent total disability—Death benefit
options—Election. (1) After a worker elects one of the
options in (a), (b), or (c) of this subsection, that option shall
apply only if the worker dies during a period of permanent
total disability from a cause unrelated to the injury, leaving a
surviving spouse, child, children, or other dependent. If, after
making an election under this subsection, a worker dies from
a cause related to the injury during a period of permanent
total disability, his or her beneficiaries shall receive benefits
under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option
shall receive the benefits provided by RCW 51.32.060, with
no benefits being paid to the worker’s surviving spouse, children, or others.
(b) Option II. An injured worker selecting this option
shall receive an actuarially reduced benefit which upon death
shall be continued throughout the life of and paid to the surviving spouse, child, or other dependent as the worker has
nominated by written designation duly executed and filed
with the department.
(c) Option III. An injured worker selecting this option
shall receive an actuarially reduced benefit and, upon death,
one-half of the reduced benefit shall be continued throughout
the life of and paid to the surviving spouse, child, or other
dependent as the worker has nominated by written designation duly executed and filed with the department.
(2) The worker shall make the election in writing and the
worker’s spouse, if any, shall consent in writing as a prerequisite to the election of Option I.
(3) If the worker’s nominated beneficiary is the worker’s
spouse, and the worker and spouse enter into a dissolution of
marriage after the nomination has been made, the worker
may apply to receive benefits as calculated under Option I.
This change is effective the date of the decree of dissolution
of marriage, but no more than one year prior to the date application for the change is received in the department, provided
51.32.067
(2008 Ed.)
51.32.072
the worker submits legally certified documentation of the
decree of dissolution of marriage.
(4) If the worker’s nominated beneficiary dies, the
worker may apply to receive benefits as calculated under
Option I. This change is effective the date of death, but no
more than one year prior to the date application for the
change is received in the department, provided the worker
submits a certified copy of the death certificate.
(5) The change in benefits authorized by subsections (3)
and (4) of this section is a one-time adjustment and will be
permanent for the life of the worker.
(6) The department shall adopt such rules as may be necessary to implement this section. [2006 c 154 § 1; 1986 c 58
§ 4.]
51.32.072 Additional payments for prior pensioners—Children—Remarriage—Attendant. Notwithstanding any other provision of law, every surviving spouse and
every permanently totally disabled worker or temporarily
totally disabled worker, if such worker was unmarried at the
time of the worker’s injury or was then married but the marriage was later terminated by judicial action, receiving a pension or compensation for temporary total disability under this
title pursuant to compensation schedules in effect prior to
July 1, 1971, shall after July 1, 1975, be paid fifty percent of
the average monthly wage in the state as computed under
RCW 51.08.018 per month and an amount equal to five percent of such average monthly wage per month to such totally
disabled worker if married at the time of the worker’s injury
and the marriage was not later terminated by judicial action,
and an additional two percent of such average monthly wage
for each child of such totally disabled worker at the time of
injury in the legal custody of such totally disabled worker or
such surviving spouse up to a maximum of five such children. The monthly payments such surviving spouse or totally
disabled worker are receiving pursuant to compensation
schedules in effect prior to July 1, 1971 shall be deducted
from the monthly payments above specified.
Where such a surviving spouse has remarried, or where
any such child of such worker, whether living or deceased, is
not in the legal custody of such worker or such surviving
spouse there shall be paid for the benefit of and on account of
each such child a sum equal to two percent of such average
monthly wage up to a maximum of five such children in addition to any payments theretofore paid under compensation
schedules in effect prior to July 1, 1971 for the benefit of and
on account of each such child. In the case of any child or children of a deceased worker not leaving a surviving spouse or
where the surviving spouse has later died, there shall be paid
for the benefit of and on account of each such child a sum
equal to two percent of such average monthly wage up to a
maximum of five such children in addition to any payments
theretofore paid under such schedules for the benefit of and
on account of each such child.
If the character of the injury or occupational disease is
such as to render the worker so physically helpless as to
require the hiring of the services of an attendant, the department shall make monthly payments to such attendant for such
services as long as such requirement continues but such payments shall not obtain or be operative while the worker is
receiving care under or pursuant to the provisions of this title
51.32.072
[Title 51 RCW—page 47]
51.32.073
Title 51 RCW: Industrial Insurance
except for care granted at the discretion of the supervisor pursuant to RCW 51.36.010: PROVIDED, That such payments
shall not be considered compensation nor shall they be subject to any limitation upon total compensation payments.
No part of such additional payments shall be payable
from the accident fund.
The director shall pay monthly from the supplemental
pension fund such an amount as will, when added to the compensation theretofore paid under compensation schedules in
effect prior to July 1, 1971, equal the amounts hereinabove
specified.
In cases where money has been or shall be advanced to
any such person from the pension reserve, the additional
amount to be paid under this section shall be reduced by the
amount of monthly pension which was or is predicated upon
such advanced portion of the pension reserve. [1987 c 185 §
34; 1975 1st ex.s. c 224 § 12.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.073 Additional payments for prior pensioners—Premium liability of worker and employer for additional payments. (1) Except as provided in subsection (2) of
this section, each employer shall retain from the earnings of
each worker that amount as shall be fixed from time to time
by the director, the basis for measuring said amount to be
determined by the director. The money so retained shall be
matched in an equal amount by each employer, and all such
moneys shall be remitted to the department in such manner
and at such intervals as the department directs and shall be
placed in the supplemental pension fund: PROVIDED, That
the state apprenticeship council shall pay the entire amount
into the supplemental pension fund for registered apprentices
or trainees during their participation in supplemental and
related instruction classes. The moneys so collected shall be
used exclusively for the additional payments from the supplemental pension fund prescribed in this title and for the
amount of any increase payable under the provisions of RCW
51.32.075, as now or hereafter amended, and shall be no
more than necessary to make such payments on a current
basis. The department may require a self-insurer to make any
additional payments which are payable from the supplemental pension fund and thereafter such self-insurer shall be
reimbursed therefrom.
(2) None of the amount assessed for the supplemental
pension fund under RCW 51.16.210 may be retained from
the earnings of workers covered under RCW 51.16.210.
[1989 c 385 § 4; 1980 c 14 § 9. Prior: 1977 ex.s. c 350 § 45;
1977 ex.s. c 323 § 15; 1977 ex.s. c 202 § 1; 1975-’76 2nd
ex.s. c 19 § 1; prior: 1975 1st ex.s. c 286 § 1; 1975 1st ex.s. c
224 § 10; 1973 c 110 § 3; 1972 ex.s. c 43 § 24; 1971 ex.s. c
289 § 17.]
51.32.073
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.075 Adjustments in compensation or death
benefits. The compensation or death benefits payable pursu51.32.075
[Title 51 RCW—page 48]
ant to the provisions of this chapter for temporary total disability, permanent total disability, or death arising out of injuries or occupational diseases shall be adjusted as follows:
(1) On July 1, 1982, there shall be an adjustment for
those whose right to compensation was established on or
after July 1, 1971, and before July 1, 1982. The adjustment
shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator
of which shall be the average monthly wage in the state under
RCW 51.08.018 for the fiscal year in which such person’s
right to compensation was established, and the numerator of
which shall be the average monthly wage in the state under
RCW 51.08.018 on July 1, 1982.
(2) In addition to the adjustment established by subsection (1) of this section, there shall be another adjustment on
July 1, 1983, for those whose right to compensation was
established on or after July 1, 1971, and before July 1983,
which shall be determined by multiplying the amount of
compensation to which they are entitled by a fraction, the
denominator of which shall be the average monthly wage in
the state under RCW 51.08.018 for the fiscal year in which
such person’s right to compensation was established, and the
numerator of which shall be the average monthly wage in the
state under RCW 51.08.018 on July 1, 1983.
(3) In addition to the adjustments under subsections (1)
and (2) of this section, further adjustments shall be made
beginning on July 1, 1984, and on each July 1st thereafter for
those whose right to compensation was established on or
after July 1, 1971. The adjustment shall be determined by
multiplying the amount of compensation to which they are
entitled by a fraction, the denominator of which shall be the
average monthly wage in the state under RCW 51.08.018 for
the fiscal year in which such person’s right to compensation
was established, and the numerator of which shall be the
average monthly wage in the state under RCW 51.08.018 on
July 1st of the year in which the adjustment is being made.
The department or self-insurer shall adjust the resulting compensation rate to the nearest whole cent, not to exceed the
average monthly wage in the state as computed under RCW
51.08.018. [1988 c 161 § 7; 1983 c 203 § 1; 1982 1st ex.s. c
20 § 1; 1979 c 108 § 1; 1977 ex.s. c 202 § 2; 1975 1st ex.s. c
286 § 2.]
Effective date—1982 1st ex.s. c 20: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
July 1, 1982." [1982 1st ex.s. c 20 § 4.]
51.32.080 Permanent partial disability—Specified—
Unspecified, rules for classification—Injury after permanent partial disability. (1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the
injured worker shall receive compensation as follows:
51.32.080
LOSS BY AMPUTATION
Of leg above the knee joint with short
thigh stump (3" or less below the
tuberosity of ischium) . . . . . . . . . . . . .
Of leg at or above knee joint with
functional stump . . . . . . . . . . . . . . . . .
Of leg below knee joint . . . . . . . . . . . . . . .
Of leg at ankle (Syme) . . . . . . . . . . . . . . . .
$54,000.00
48,600.00
43,200.00
37,800.00
(2008 Ed.)
Compensation—Right to and Amount
Of foot at mid-metatarsals . . . . . . . . . . . . .
Of great toe with resection of metatarsal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of great toe at metatarsophalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of great toe at interphalangeal joint . . . . . .
Of lesser toe (2nd to 5th) with resection of
metatarsal bone . . . . . . . . . . . . . . . . . .
Of lesser toe at metatarsophalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of lesser toe at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of lesser toe at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of arm at or above the deltoid insertion or
by disarticulation at the shoulder. . . . .
Of arm at any point from below the deltoid
insertion to below the elbow joint at
the insertion of the biceps tendon . . . .
Of arm at any point from below the elbow
joint distal to the insertion of the
biceps tendon to and including
mid-metacarpal amputation of the
hand . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of all fingers except the thumb at
metacarpophalangeal joints . . . . . . . . .
Of thumb at metacarpophalangeal joint or
with resection of carpometacarpal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of thumb at interphalangeal joint. . . . . . . .
Of index finger at metacarpophalangeal
joint or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of index finger at proximal
interphalangeal joint . . . . . . . . . . . . . .
Of index finger at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of middle finger at metacarpophalangeal
joint or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of middle finger at proximal
interphalangeal joint . . . . . . . . . . . . . .
Of middle finger at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of ring finger at metacarpophalangeal
joint or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of ring finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of ring finger at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of little finger at metacarpophalangeal
joint or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of little finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of little finger at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . . . . . . . . . .
MISCELLANEOUS
Loss of one eye by enucleation . . . . . . . . .
(2008 Ed.)
18,900.00
11,340.00
6,804.00
3,600.00
4,140.00
2,016.00
1,494.00
378.00
54,000.00
51,300.00
48,600.00
29,160.00
19,440.00
9,720.00
12,150.00
9,720.00
5,346.00
9,720.00
7,776.00
4,374.00
4,860.00
3,888.00
2,430.00
2,430.00
1,944.00
972.00
21,600.00
51.32.080
Loss of central visual acuity in one eye . . .
Complete loss of hearing in both ears . . . .
Complete loss of hearing in one ear . . . . . .
18,000.00
43,200.00
7,200.00
(b) Beginning on July 1, 1993, compensation under this
subsection shall be computed as follows:
(i) Beginning on July 1, 1993, the compensation amounts
for the specified disabilities listed in (a) of this subsection
shall be increased by thirty-two percent; and
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities
listed in (a) of this subsection, as adjusted under (b)(i) of this
subsection, shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means the
same as the definition in RCW 2.12.037(1).
(2) Compensation for amputation of a member or part
thereof at a site other than those specified in subsection (1) of
this section, and for loss of central visual acuity and loss of
hearing other than complete, shall be in proportion to that
which such other amputation or partial loss of visual acuity or
hearing most closely resembles and approximates. Compensation shall be calculated based on the adjusted schedule of
compensation in effect for the respective time period as prescribed in subsection (1) of this section.
(3)(a) Compensation for any other permanent partial disability not involving amputation shall be in the proportion
which the extent of such other disability, called unspecified
disability, shall bear to the disabilities specified in subsection
(1) of this section, which most closely resembles and
approximates in degree of disability such other disability, and
compensation for any other unspecified permanent partial
disability shall be in an amount as measured and compared to
total bodily impairment. To reduce litigation and establish
more certainty and uniformity in the rating of unspecified
permanent partial disabilities, the department shall enact
rules having the force of law classifying such disabilities in
the proportion which the department shall determine such
disabilities reasonably bear to total bodily impairment. In
enacting such rules, the department shall give consideration
to, but need not necessarily adopt, any nationally recognized
medical standards or guides for determining various bodily
impairments.
(b) Until July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable
for total bodily impairment shall be deemed to be ninety
thousand dollars. Beginning on July 1, 1993, for purposes of
calculating monetary benefits under (a) of this subsection, the
amount payable for total bodily impairment shall be adjusted
as follows:
(i) Beginning on July 1, 1993, the amount payable for
total bodily impairment under this section shall be increased
to one hundred eighteen thousand eight hundred dollars; and
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment pre[Title 51 RCW—page 49]
51.32.090
Title 51 RCW: Industrial Insurance
scribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.
(c) Until July 1, 1993, the total compensation for all
unspecified permanent partial disabilities resulting from the
same injury shall not exceed the sum of ninety thousand dollars. Beginning on July 1, 1993, total compensation for all
unspecified permanent partial disabilities resulting from the
same injury shall not exceed a sum calculated as follows:
(i) Beginning on July 1, 1993, the sum shall be increased
to one hundred eighteen thousand eight hundred dollars; and
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be
adjusted as provided in subsection (1)(b)(ii) of this section.
(4) If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which
exceeds the amount that would have been paid the injured
worker if permanent total disability compensation had been
paid in the first instance shall be, at the choosing of the
injured worker, either: (a) Deducted from the worker’s
monthly pension benefits in an amount not to exceed twentyfive percent of the monthly amount due from the department
or self-insurer or one-sixth of the total overpayment, whichever is less; or (b) deducted from the pension reserve of such
injured worker and his or her monthly compensation payments shall be reduced accordingly.
(5) Should a worker receive an injury to a member or
part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof
or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of
such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of
the injured member or part and the degree or extent of the
aggravation or increase of disability thereof.
(6) When the compensation provided for in subsections
(1) through (3) of this section exceeds three times the average
monthly wage in the state as computed under the provisions
of RCW 51.08.018, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090 until such compensation is paid to the injured worker in full, except that the
first monthly payment shall be in an amount equal to three
times the average monthly wage in the state as computed
under the provisions of RCW 51.08.018, and interest shall be
paid at the rate of eight percent on the unpaid balance of such
compensation commencing with the second monthly payment. However, upon application of the injured worker or
survivor the monthly payment may be converted, in whole or
in part, into a lump sum payment, in which event the monthly
payment shall cease in whole or in part. Such conversion
may be made only upon written application of the injured
worker or survivor to the department and shall rest in the discretion of the department depending upon the merits of each
individual application. Upon the death of a worker all unpaid
installments accrued shall be paid according to the payment
schedule established prior to the death of the worker to the
widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if
there are no such dependent children, then to such other
dependents as defined by this title.
[Title 51 RCW—page 50]
(7) Awards payable under this section are governed by
the schedule in effect on the date of injury. [2007 c 172 § 1;
1993 c 520 § 1; 1988 c 161 § 6; 1986 c 58 § 2; 1982 1st ex.s.
c 20 § 2; 1979 c 104 § 1; 1977 ex.s. c 350 § 46; 1972 ex.s. c
43 § 21; 1971 ex.s. c 289 § 10; 1965 ex.s. c 165 § 1; 1961 c
274 § 3; 1961 c 23 § 51.32.080. Prior: 1957 c 70 § 32; prior:
1951 c 115 § 4; 1949 c 219 § 1, part; 1947 c 246 § 1, part;
1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2,
part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Application—2007 c 172: "This act applies to all pension orders issued
on or after July 22, 2007." [2007 c 172 § 2.]
Effective date—1993 c 520: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 18, 1993]." [1993 c 520 § 2.]
Effective dates—1988 c 161: See note following RCW 51.32.050.
Effective date—1986 c 58 §§ 2 and 3: "Sections 2 and 3 of this act
shall take effect on July 1, 1986." [1986 c 58 § 7.]
Effective date—1982 1st ex.s. c 20: See note following RCW
51.32.075.
51.32.090 Temporary total disability—Partial restoration of earning power—Return to available work—
When employer continues wages—Limitations. (1) When
the total disability is only temporary, the schedule of payments contained in RCW 51.32.060 (1) and (2) shall apply,
so long as the total disability continues.
(2) Any compensation payable under this section for
children not in the custody of the injured worker as of the date
of injury shall be payable only to such person as actually is
providing the support for such child or children pursuant to
the order of a court of record providing for support of such
child or children.
(3)(a) As soon as recovery is so complete that the present
earning power of the worker, at any kind of work, is restored
to that existing at the time of the occurrence of the injury, the
payments shall cease. If and so long as the present earning
power is only partially restored, the payments shall:
(i) For claims for injuries that occurred before May 7,
1993, continue in the proportion which the new earning
power shall bear to the old; or
(ii) For claims for injuries occurring on or after May 7,
1993, equal eighty percent of the actual difference between
the worker’s present wages and earning power at the time of
injury, but: (A) The total of these payments and the worker’s
present wages may not exceed one hundred fifty percent of
the average monthly wage in the state as computed under
RCW 51.08.018; (B) the payments may not exceed one hundred percent of the entitlement as computed under subsection
(1) of this section; and (C) the payments may not be less than
the worker would have received if (a)(i) of this subsection
had been applicable to the worker’s claim.
(b) No compensation shall be payable under this subsection (3) unless the loss of earning power shall exceed five
percent.
(c) The prior closure of the claim or the receipt of permanent partial disability benefits shall not affect the rate at
which loss of earning power benefits are calculated upon
reopening the claim.
51.32.090
(2008 Ed.)
Compensation—Right to and Amount
(4)(a) Whenever the employer of injury requests that a
worker who is entitled to temporary total disability under this
chapter be certified by a physician or licensed advanced registered nurse practitioner as able to perform available work
other than his or her usual work, the employer shall furnish to
the physician or licensed advanced registered nurse practitioner, with a copy to the worker, a statement describing the
work available with the employer of injury in terms that will
enable the physician or licensed advanced registered nurse
practitioner to relate the physical activities of the job to the
worker’s disability. The physician or licensed advanced registered nurse practitioner shall then determine whether the
worker is physically able to perform the work described. The
worker’s temporary total disability payments shall continue
until the worker is released by his or her physician or licensed
advanced registered nurse practitioner for the work, and
begins the work with the employer of injury. If the work
thereafter comes to an end before the worker’s recovery is
sufficient in the judgment of his or her physician or licensed
advanced registered nurse practitioner to permit him or her to
return to his or her usual job, or to perform other available
work offered by the employer of injury, the worker’s temporary total disability payments shall be resumed. Should the
available work described, once undertaken by the worker,
impede his or her recovery to the extent that in the judgment
of his or her physician or licensed advanced registered nurse
practitioner he or she should not continue to work, the
worker’s temporary total disability payments shall be
resumed when the worker ceases such work.
(b) Once the worker returns to work under the terms of
this subsection (4), he or she shall not be assigned by the
employer to work other than the available work described
without the worker’s written consent, or without prior review
and approval by the worker’s physician or licensed advanced
registered nurse practitioner.
(c) If the worker returns to work under this subsection
(4), any employee health and welfare benefits that the worker
was receiving at the time of injury shall continue or be
resumed at the level provided at the time of injury. Such benefits shall not be continued or resumed if to do so is inconsistent with the terms of the benefit program, or with the terms
of the collective bargaining agreement currently in force.
(d) In the event of any dispute as to the worker’s ability
to perform the available work offered by the employer, the
department shall make the final determination.
(5) No worker shall receive compensation for or during
the day on which injury was received or the three days following the same, unless his or her disability shall continue for
a period of fourteen consecutive calendar days from date of
injury: PROVIDED, That attempts to return to work in the
first fourteen days following the injury shall not serve to
break the continuity of the period of disability if the disability
continues fourteen days after the injury occurs.
(6) Should a worker suffer a temporary total disability
and should his or her employer at the time of the injury continue to pay him or her the wages which he or she was earning
at the time of such injury, such injured worker shall not
receive any payment provided in subsection (1) of this section during the period his or her employer shall so pay such
wages: PROVIDED, That holiday pay, vacation pay, sick
(2008 Ed.)
51.32.090
leave, or other similar benefits shall not be deemed to be payments by the employer for the purposes of this subsection.
(7) In no event shall the monthly payments provided in
this section:
(a) Exceed the applicable percentage of the average
monthly wage in the state as computed under the provisions
of RCW 51.08.018 as follows:
AFTER
PERCENTAGE
June 30, 1993
June 30, 1994
June 30, 1995
June 30, 1996
105%
110%
115%
120%
(b) For dates of injury or disease manifestation after July
1, 2008, be less than fifteen percent of the average monthly
wage in the state as computed under RCW 51.08.018 plus an
additional ten dollars per month if the worker is married and
an additional ten dollars per month for each child of the
worker up to a maximum of five children. However, if the
monthly payment computed under this subsection (7)(b) is
greater than one hundred percent of the wages of the worker
as determined under RCW 51.08.178, the monthly payment
due to the worker shall be equal to the greater of the monthly
wages of the worker or the minimum benefit set forth in this
section on June 30, 2008.
(8) If the supervisor of industrial insurance determines
that the worker is voluntarily retired and is no longer attached
to the workforce, benefits shall not be paid under this section.
[2007 c 284 § 3; 2007 c 190 § 1; 2004 c 65 § 9. Prior: 1993
c 521 § 3; 1993 c 299 § 1; 1993 c 271 § 1; 1988 c 161 § 4;
prior: 1988 c 161 § 3; 1986 c 59 § 3; (1986 c 59 § 2 expired
June 30, 1989); prior: 1985 c 462 § 6; 1980 c 129 § 1; 1977
ex.s. c 350 § 47; 1975 1st ex.s. c 235 § 1; 1972 ex.s. c 43 § 22;
1971 ex.s. c 289 § 11; 1965 ex.s. c 122 § 3; 1961 c 274 § 4;
1961 c 23 § 51.32.090; prior: 1957 c 70 § 33; 1955 c 74 § 8;
prior: 1951 c 115 § 3; 1949 c 219 § 1, part; 1947 c 246 § 1,
part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 §
2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148
§ 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Reviser’s note: This section was amended by 2007 c 190 § 1 and by
2007 c 284 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2007 c 284: See note following RCW 51.32.050.
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—1993 c 521: See note following RCW 51.32.050.
Effective date—1993 c 299: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 299 § 2.]
Effective date—1993 c 271: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 7, 1993]." [1993 c 271 § 2.]
Benefit increases—Application to certain retrospective rating
agreements—Effective dates—1988 c 161: See notes following RCW
51.32.050.
Expiration date—1986 c 59 § 2; Effective dates—1986 c 59 §§ 3, 5:
"Section 2 of this act shall expire on June 30, 1989. Section 3 of this act shall
take effect on June 30, 1989. Section 5 of this act shall take effect on July 1,
1986." [1986 c 59 § 6.]
[Title 51 RCW—page 51]
51.32.095
Title 51 RCW: Industrial Insurance
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
51.32.095 Vocational rehabilitation services—Benefits—Priorities—Allowable costs—Performance criteria. (Expires June 30, 2013.) (1) One of the primary purposes of this title is to enable the injured worker to become
employable at gainful employment. To this end, the department or self-insurers shall utilize the services of individuals
and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining
qualify them to lend expert assistance to the supervisor of
industrial insurance in such programs of vocational rehabilitation as may be reasonable to make the worker employable
consistent with his or her physical and mental status. Where,
after evaluation and recommendation by such individuals or
organizations and prior to final evaluation of the worker’s
permanent disability and in the sole opinion of the supervisor
or supervisor’s designee, whether or not medical treatment
has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become
employable at gainful employment, the supervisor or supervisor’s designee may, in his or her sole discretion, pay or, if
the employer is a self-insurer, direct the self-insurer to pay
the cost as provided in subsection (3) of this section or RCW
51.32.099, as appropriate. An injured worker may not participate in vocational rehabilitation under this section or RCW
51.32.099 if such participation would result in a payment of
benefits as described in RCW 51.32.240(5), and any benefits
so paid shall be recovered according to the terms of that section.
(2) When in the sole discretion of the supervisor or the
supervisor’s designee vocational rehabilitation is both necessary and likely to make the worker employable at gainful
employment, then the following order of priorities shall be
used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same
employer including transitional return to work;
(c) A new job with the same employer in keeping with
any limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new
employer;
(f) A new job with a new employer or self-employment
based upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) For vocational plans approved prior to July 1,
1999, costs for vocational rehabilitation benefits allowed by
the supervisor or supervisor’s designee under subsection (1)
of this section may include the cost of books, tuition, fees,
supplies, equipment, transportation, child or dependent care,
and other necessary expenses for any such worker in an
amount not to exceed three thousand dollars in any fifty-two
week period except as authorized by *RCW 51.60.060, and
the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and
51.32.095
[Title 51 RCW—page 52]
successfully undergoing a formal program of vocational
rehabilitation.
(b) When the department has approved a vocational plan
for a worker between July 1, 1999, through December 31,
2007, costs for vocational rehabilitation benefits allowed by
the supervisor or supervisor’s designee under subsection (1)
of this section may include the cost of books, tuition, fees,
supplies, equipment, child or dependent care, and other necessary expenses for any such worker in an amount not to
exceed four thousand dollars in any fifty-two week period
except as authorized by *RCW 51.60.060, and the cost of
transportation and continuing the temporary total disability
compensation under RCW 51.32.090 while the worker is
actively and successfully undergoing a formal program of
vocational rehabilitation.
(c) The expenses allowed under (a) or (b) of this subsection may include training fees for on-the-job training and the
cost of furnishing tools and other equipment necessary for
self-employment or reemployment. However, compensation
or payment of retraining with job placement expenses under
(a) or (b) of this subsection may not be authorized for a period
of more than fifty-two weeks, except that such period may, in
the sole discretion of the supervisor after his or her review, be
extended for an additional fifty-two weeks or portion thereof
by written order of the supervisor.
(d) In cases where the worker is required to reside away
from his or her customary residence, the reasonable cost of
board and lodging shall also be paid.
(e) Costs paid under this subsection shall be chargeable
to the employer’s cost experience or shall be paid by the selfinsurer as the case may be.
(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this section and
RCW 51.32.099, an additional five thousand dollars may,
upon authorization of the supervisor or the supervisor’s designee, be expended for: (a) Accommodations for an injured
worker that are medically necessary for the worker to participate in an approved retraining plan; and (b) accommodations
necessary to perform the essential functions of an occupation
in which an injured worker is seeking employment, consistent with the retraining plan or the recommendations of a
vocational evaluation. The injured worker’s attending physician or licensed advanced registered nurse practitioner must
verify the necessity of the modifications or accommodations.
The total expenditures authorized in this subsection and the
expenditures authorized under RCW 51.32.250 shall not
exceed five thousand dollars.
(5) When the department has approved a vocational plan
for a worker prior to January 1, 2008, regardless of whether
the worker has begun participating in the approved plan,
costs for vocational rehabilitation benefits allowed by the
supervisor or supervisor’s designee under subsection (1) of
this section are limited to those provided under subsections
(3) and (4) of this section.
For vocational plans approved for a worker between January 1, 2008, through June 30, 2013, total vocational costs
allowed by the supervisor or supervisor’s designee under
subsection (1) of this section shall be limited to those provided under the pilot program established in RCW 51.32.099,
and vocational rehabilitation services shall conform to the
requirements in RCW 51.32.099.
(2008 Ed.)
Compensation—Right to and Amount
(6) The department shall establish criteria to monitor the
quality and effectiveness of rehabilitation services provided
by the individuals and organizations used under subsection
(1) of this section and under RCW 51.32.099. The state fund
shall make referrals for vocational rehabilitation services
based on these performance criteria.
(7) The department shall engage in, where feasible and
cost-effective, a cooperative program with the state employment security department to provide job placement services
under this section and RCW 51.32.099.
(8) The benefits in this section and RCW 51.32.099 shall
be provided for the injured workers of self-insured employers. Self-insurers shall report both benefits provided and benefits denied under this section and RCW 51.32.099 in the
manner prescribed by the department by rule adopted under
chapter 34.05 RCW. The director may, in his or her sole discretion and upon his or her own initiative or at any time that
a dispute arises under this section or RCW 51.32.099,
promptly make such inquiries as circumstances require and
take such other action as he or she considers will properly
determine the matter and protect the rights of the parties.
(9) Except as otherwise provided in this section or RCW
51.32.099, the benefits provided for in this section and RCW
51.32.099 are available to any otherwise eligible worker
regardless of the date of industrial injury. However, claims
shall not be reopened solely for vocational rehabilitation purposes. [2007 c 72 § 1; 2004 c 65 § 10; 1999 c 110 § 1. Prior:
1996 c 151 § 1; 1996 c 59 § 1; 1988 c 161 § 9; 1985 c 339 §
2; 1983 c 70 § 2; 1982 c 63 § 11; 1980 c 14 § 10. Prior: 1977
ex.s. c 350 § 48; 1977 ex.s. c 323 § 16; 1972 ex.s. c 43 § 23;
1971 ex.s. c 289 § 12.]
*Reviser’s note: RCW 51.60.060 expired June 30, 1999, pursuant to
1994 c 29 § 8.
Implementation—Effective date—Expiration date—2007 c 72: See
notes following RCW 51.32.099.
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—1999 c 110 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 1999." [1999 c 110 § 3.]
Legislative finding—1985 c 339: "The legislature finds that the vocational rehabilitation program created by chapter 63, Laws of 1982, has failed
to assist injured workers to return to suitable gainful employment without
undue loss of time from work and has increased costs of industrial insurance
for employers and employees alike. The legislature further finds that the
administrative structure established within the industrial insurance division
of the department of labor and industries to develop and oversee the provision of vocational rehabilitation services has not provided efficient delivery
of vocational rehabilitation services. The legislature finds that restructuring
the state’s vocational rehabilitation program under the department of labor
and industries is necessary." [1985 c 339 § 1.]
Severability—1985 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 339 § 6.]
Severability—1983 c 70: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 70 § 5.]
Effective dates—Implementation—1982 c 63: "Section 4 of this act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]. All other sections
of this act shall take effect on January 1, 1983. The director of the department of labor and industries is authorized to immediately take such steps as
(2008 Ed.)
51.32.095
are necessary to insure that this act is implemented on its effective dates."
[1982 c 63 § 26.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.095 Vocational rehabilitation services—Benefits—Priorities—Allowable costs—Performance criteria. (Effective June 30, 2013.) (1) One of the primary purposes of this title is to enable the injured worker to become
employable at gainful employment. To this end, the department or self-insurers shall utilize the services of individuals
and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining
qualify them to lend expert assistance to the supervisor of
industrial insurance in such programs of vocational rehabilitation as may be reasonable to make the worker employable
consistent with his or her physical and mental status. Where,
after evaluation and recommendation by such individuals or
organizations and prior to final evaluation of the worker’s
permanent disability and in the sole opinion of the supervisor
or supervisor’s designee, whether or not medical treatment
has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become
employable at gainful employment, the supervisor or supervisor’s designee may, in his or her sole discretion, pay or, if
the employer is a self-insurer, direct the self-insurer to pay
the cost as provided in subsection (3) of this section.
(2) When in the sole discretion of the supervisor or the
supervisor’s designee vocational rehabilitation is both necessary and likely to make the worker employable at gainful
employment, then the following order of priorities shall be
used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same
employer including transitional return to work;
(c) A new job with the same employer in keeping with
any limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new
employer;
(f) A new job with a new employer or self-employment
based upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs
for vocational rehabilitation benefits allowed by the supervisor or supervisor’s designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies,
equipment, transportation, child or dependent care, and other
necessary expenses for any such worker in an amount not to
exceed three thousand dollars in any fifty-two week period
except as authorized by *RCW 51.60.060, and the cost of
continuing the temporary total disability compensation under
RCW 51.32.090 while the worker is actively and successfully
undergoing a formal program of vocational rehabilitation.
(b) Beginning with vocational rehabilitation plans
approved on or after July 1, 1999, costs for vocational rehabilitation benefits allowed by the supervisor or supervisor’s
51.32.095
[Title 51 RCW—page 53]
51.32.098
Title 51 RCW: Industrial Insurance
designee under subsection (1) of this section may include the
cost of books, tuition, fees, supplies, equipment, child or
dependent care, and other necessary expenses for any such
worker in an amount not to exceed four thousand dollars in
any fifty-two week period except as authorized by *RCW
51.60.060, and the cost of transportation and continuing the
temporary total disability compensation under RCW
51.32.090 while the worker is actively and successfully
undergoing a formal program of vocational rehabilitation.
(c) The expenses allowed under (a) or (b) of this subsection may include training fees for on-the-job training and the
cost of furnishing tools and other equipment necessary for
self-employment or reemployment. However, compensation
or payment of retraining with job placement expenses under
(a) or (b) of this subsection may not be authorized for a period
of more than fifty-two weeks, except that such period may, in
the sole discretion of the supervisor after his or her review, be
extended for an additional fifty-two weeks or portion thereof
by written order of the supervisor.
(d) In cases where the worker is required to reside away
from his or her customary residence, the reasonable cost of
board and lodging shall also be paid.
(e) Costs paid under this subsection shall be chargeable
to the employer’s cost experience or shall be paid by the selfinsurer as the case may be.
(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this section, an
additional five thousand dollars may, upon authorization of
the supervisor or the supervisor’s designee, be expended for:
(a) Accommodations for an injured worker that are medically
necessary for the worker to participate in an approved retraining plan; and (b) accommodations necessary to perform the
essential functions of an occupation in which an injured
worker is seeking employment, consistent with the retraining
plan or the recommendations of a vocational evaluation. The
injured worker’s attending physician or licensed advanced
registered nurse practitioner must verify the necessity of the
modifications or accommodations. The total expenditures
authorized in this subsection and the expenditures authorized
under RCW 51.32.250 shall not exceed five thousand dollars.
(5) The department shall establish criteria to monitor the
quality and effectiveness of rehabilitation services provided
by the individuals and organizations used under subsection
(1) of this section. The state fund shall make referrals for
vocational rehabilitation services based on these performance
criteria.
(6) The department shall engage in, where feasible and
cost-effective, a cooperative program with the state employment security department to provide job placement services
under this section.
(7) The benefits in this section shall be provided for the
injured workers of self-insured employers. Self-insurers
shall report both benefits provided and benefits denied under
this section in the manner prescribed by the department by
rule adopted under chapter 34.05 RCW. The director may, in
his or her sole discretion and upon his or her own initiative or
at any time that a dispute arises under this section, promptly
make such inquiries as circumstances require and take such
other action as he or she considers will properly determine
the matter and protect the rights of the parties.
[Title 51 RCW—page 54]
(8) Except as otherwise provided in this section, the benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial
injury. However, claims shall not be reopened solely for
vocational rehabilitation purposes. [2004 c 65 § 10; 1999 c
110 § 1. Prior: 1996 c 151 § 1; 1996 c 59 § 1; 1988 c 161 §
9; 1985 c 339 § 2; 1983 c 70 § 2; 1982 c 63 § 11; 1980 c 14 §
10. Prior: 1977 ex.s. c 350 § 48; 1977 ex.s. c 323 § 16; 1972
ex.s. c 43 § 23; 1971 ex.s. c 289 § 12.]
*Reviser’s note: RCW 51.60.060 expired June 30, 1999, pursuant to
1994 c 29 § 8.
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—1999 c 110 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 1999." [1999 c 110 § 3.]
Legislative finding—1985 c 339: "The legislature finds that the vocational rehabilitation program created by chapter 63, Laws of 1982, has failed
to assist injured workers to return to suitable gainful employment without
undue loss of time from work and has increased costs of industrial insurance
for employers and employees alike. The legislature further finds that the
administrative structure established within the industrial insurance division
of the department of labor and industries to develop and oversee the provision of vocational rehabilitation services has not provided efficient delivery
of vocational rehabilitation services. The legislature finds that restructuring
the state’s vocational rehabilitation program under the department of labor
and industries is necessary." [1985 c 339 § 1.]
Severability—1985 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 339 § 6.]
Severability—1983 c 70: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 70 § 5.]
Effective dates—Implementation—1982 c 63: "Section 4 of this act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]. All other sections
of this act shall take effect on January 1, 1983. The director of the department of labor and industries is authorized to immediately take such steps as
are necessary to insure that this act is implemented on its effective dates."
[1982 c 63 § 26.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.098 Vocational rehabilitation services—Applicability. Nothing in RCW 51.32.095 or in the repeal of chapter 51.41 RCW by section 5, chapter 339, Laws of 1985 shall
be construed as prohibiting the completion of vocational
rehabilitation plans approved under this title prior to May 16,
1985. Injured workers referred for vocational rehabilitation
services under this title, but for whom vocational rehabilitation plans have not been approved by the department under
this title before May 16, 1985, may only be provided vocational rehabilitation services, if applicable, by the department
according to the provisions of RCW 51.32.095. [1985 c 339
§ 4.]
51.32.098
Legislative finding—Severability—1985 c 339: See notes following
RCW 51.32.095.
51.32.099 Vocational rehabilitation pilot program—
Vocational plans. (Expires June 30, 2013.) (1)(a) The legislature intends to create improved vocational outcomes for
Washington state injured workers and employers through
51.32.099
(2008 Ed.)
Compensation—Right to and Amount
legislative and regulatory change under a pilot program for
the period of January 1, 2008, through June 30, 2013. This
pilot vocational system is intended to allow opportunities for
eligible workers to participate in meaningful retraining in
high demand occupations, improve successful return to work
and achieve positive outcomes for workers, reduce the incidence of repeat vocational services, increase accountability
and responsibility, and improve cost predictability. To facilitate the study and evaluation of the results of the proposed
changes, the department shall establish the temporary funding of certain state fund vocational costs through the medical
aid account to ensure the appropriate assessments to employers for the costs of their claims for vocational services in
accordance with RCW 51.32.0991.
(b) An independent review and study of the effects of the
pilot program shall be conducted to determine whether it has
achieved the appropriate outcomes at reasonable cost to the
system. The review shall include, at a minimum, a report on
the department’s performance with regard to the provision of
vocational services, the skills acquired by workers who
receive retraining services, the types of training programs
approved, whether the workers are employed, at what jobs
and wages after completion of the training program and at
various times subsequent to their claim closure, the number
and demographics of workers who choose the option provided in subsection (4)(b) of this section, and their employment and earnings status at various times subsequent to claim
closure. The department may adopt rules, in collaboration
with the subcommittee created under (c)(iii) of this subsection, to further define the scope and elements of the required
study. Reports of the independent researcher are due on
December 1, 2010, December 1, 2011, and December 1,
2012.
(c) In implementing the pilot program, the department
shall:
(i) Establish a vocational initiative project that includes
participation by the department as a partner with WorkSource, the established state system that administers the federal workforce investment act of 1998. As a partner, the
department shall place vocational professional full-time
employees at pilot WorkSource locations; refer some workers for vocational services to these vocational professionals;
and work with employers in work source pilot areas to market
the benefits of on-the-job training programs and with community colleges to reserve slots in high demand programs.
These on-the-job training programs and community college
slots may be considered by both department and private sector vocational professionals for vocational plan development.
The department will also assist stakeholders in developing
additional vocational training programs in various industries,
including but not limited to agriculture and construction.
These programs will expand the choices available to injured
workers in developing their vocational training plans with the
assistance of vocational professionals.
(ii) Develop and maintain a register of state fund and
self-insured workers who have been retrained or have
selected any of the vocational options described in this section for at least the duration of the pilot program.
(iii) Create a vocational rehabilitation subcommittee
made up of members appointed by the director for at least the
duration of the pilot program. This subcommittee shall pro(2008 Ed.)
51.32.099
vide the business and labor partnership needed to maintain
focus on the intent of the pilot program, as described in this
section, and provide consistency and transparency to the
development of rules and policies. The subcommittee shall
report to the director at least annually and recommend to the
director and the legislature any additional statutory changes
needed, which may include extension of the pilot period. The
subcommittee shall provide input and oversight with the
department concerning the study required under (b) of this
subsection. The subcommittee shall provide recommendations for additional changes or incentives for injured workers
to return to work with their employer of injury.
(iv) The department shall develop an annual report concerning Washington’s workers’ compensation vocational
rehabilitation system to the legislature and to the subcommittee by December 1, 2009, and annually thereafter with the
final report due by December 1, 2012. The annual report
shall include the number of workers who have participated in
more than one vocational training plan beginning with plans
approved on January 1, 2008, and in which industries those
workers were employed. The final report shall include the
department’s assessment and recommendations for further
legislative action, in collaboration with the subcommittee.
(2)(a) For the purposes of this section, the day the worker
commences vocational plan development means the date the
department or self-insurer notifies the worker of his or her
eligibility for plan development services.
(b) When vocational rehabilitation is both necessary and
likely to make the worker employable at gainful employment,
he or she shall be provided with services necessary to develop
a vocational plan that, if completed, would render the worker
employable. The vocational professional assigned to the
claim shall, at the initial meeting with the worker, fully
inform the worker of the return-to-work priorities set forth in
RCW 51.32.095(2) and of his or her rights and responsibilities under the workers’ compensation vocational system. The
department shall provide tools to the vocational professional
for communicating this and other information required by
RCW 51.32.095 and this section to the worker.
(c) On the date the worker commences vocational plan
development, the department shall also inform the employer
in writing of the employer’s right to make a valid return-towork offer during the first fifteen days following the commencement of vocational plan development. To be valid, the
offer must be for bona fide employment with the employer of
injury, consistent with the worker’s documented physical and
mental restrictions as provided by the worker’s health care
provider. When the employer makes a valid return-to-work
offer, the vocational plan development services and temporary total disability compensation shall be terminated effective [on] the starting date for the job without regard to
whether the worker accepts the return-to-work offer. Following the fifteen-day period, the employer may still provide,
and the worker may accept, any valid return-to-work offer.
The worker’s acceptance of such an offer shall result in the
termination of vocational plan development or implementation services and temporary total disability compensation
effective the day the employment begins.
(3)(a) All vocational plans must contain an accountability agreement signed by the worker detailing expectations
regarding progress, attendance, and other factors influencing
[Title 51 RCW—page 55]
51.32.099
Title 51 RCW: Industrial Insurance
successful participation in the plan. Failure to abide by the
agreed expectations shall result in suspension of vocational
benefits pursuant to RCW 51.32.110.
(b) Any formal education included as part of the vocational plan must be for an accredited or licensed program or
other program approved by the department. The department
shall develop rules that provide criteria for the approval of
nonaccredited or unlicensed programs.
(c) The vocational plan for an individual worker must be
completed and submitted to the department within ninety
days of the day the worker commences vocational plan development. The department may extend the ninety days for
good cause. Criteria for good cause shall be provided in rule.
The frequency and reasons for good cause extensions shall be
reported to the subcommittee created under subsection
(1)(c)(iii) of this section.
(d) Costs for the vocational plan may include books,
tuition, fees, supplies, equipment, child or dependent care,
training fees for on-the-job training, the cost of furnishing
tools and other equipment necessary for self-employment or
reemployment, and other necessary expenses in an amount
not to exceed twelve thousand dollars. This amount shall be
adjusted effective July 1 of each year for vocational plans or
retraining benefits available under subsection (4)(b) of this
section approved on or after this date but before June 30 of
the next year based on the average percentage change in
tuition for the next fall quarter for all Washington state community colleges.
(e) The duration of the vocational plan shall not exceed
two years from the date the plan is implemented. The worker
shall receive temporary total disability compensation under
RCW 51.32.090 and the cost of transportation while he or she
is actively and successfully participating in a vocational plan.
(f) If the worker is required to reside away from his or
her customary residence, the reasonable cost of board and
lodging shall also be paid.
(4) Vocational plan development services shall be completed within ninety days of commencing. During vocational
plan development the worker shall, with the assistance of a
vocational professional, participate in vocational counseling
and occupational exploration to include, but not be limited to,
identifying possible job goals, training needs, resources, and
expenses, consistent with the worker’s physical and mental
status. A vocational rehabilitation plan shall be developed by
the worker and the vocational professional and submitted to
the department or self-insurer. Following this submission,
the worker shall elect one of the following options:
(a) Option 1: The department or self-insurer implements
and the worker participates in the vocational plan developed
by the vocational professional and approved by the worker
and the department or self-insurer. For state fund claims, the
department must review and approve the vocational plan
before implementation may begin. If the department takes no
action within fifteen days, the plan is deemed approved. The
worker may, within fifteen days of approval of the plan by the
department, elect option 2.
(i) Following successful completion of the vocational
plan, any subsequent assessment of whether vocational rehabilitation is both necessary and likely to enable the injured
worker to become employable at gainful employment under
[Title 51 RCW—page 56]
RCW 51.32.095(1) shall include consideration of transferable skills obtained in the vocational plan.
(ii) If a vocational plan is successfully completed on a
claim which is thereafter reopened as provided in RCW
51.32.160, the cost and duration available for any subsequent
vocational plan is limited to that in subsection (3)(d) and (e)
of this section, less that previously expended.
(b) Option 2: The worker declines further vocational
services under the claim and receives an amount equal to six
months of temporary total disability compensation under
RCW 51.32.090. The award is payable in biweekly payments in accordance with the schedule of temporary total disability payments, until such award is paid in full. These payments shall not include interest on the unpaid balance. However, upon application by the worker, and at the discretion of
the department, the compensation may be converted to a
lump sum payment. The vocational costs defined in subsection (3)(d) of this section shall remain available to the
worker, upon application to the department or self-insurer,
for a period of five years. The vocational costs shall, if
expended, be available for programs or courses at any accredited or licensed institution or program from a list of those
approved by the department for tuition, books, fees, supplies,
equipment, and tools, without department or self-insurer
oversight. The department shall issue an order as provided in
RCW 51.52.050 confirming the option 2 election, setting a
payment schedule, and terminating temporary total disability
benefits. The department shall thereafter close the claim.
(i) If within five years from the date the option 2 order
becomes final, the worker is subsequently injured or suffers
an occupational disease or reopens the claim as provided in
RCW 51.32.160, and vocational rehabilitation is found both
necessary and likely to enable the injured worker to become
employable at gainful employment under RCW
51.32.095(1), the duration of any vocational plan under subsection (3)(e) of this section shall not exceed eighteen
months.
(ii) If the available vocational costs are utilized by the
worker, any subsequent assessment of whether vocational
rehabilitation is both necessary and likely to enable the
injured worker to become employable at gainful employment
under RCW 51.32.095(1) shall include consideration of the
transferable skills obtained.
(iii) If the available vocational costs are utilized by the
worker and the claim is thereafter reopened as provided in
RCW 51.32.160, the cost available for any vocational plan is
limited to that in subsection (3)(d) of this section less that
previously expended.
(iv) Option 2 may only be elected once per worker.
(c) The director, in his or her sole discretion, may provide the worker vocational assistance not to exceed that in
subsection (3) of this section, without regard to the worker’s
prior option selection or benefits expended, where vocational
assistance would prevent permanent total disability under
RCW 51.32.060.
(5)(a) As used in this section, "vocational plan interruption" means an occurrence which disrupts the plan to the
extent the employability goal is no longer attainable. "Vocational plan interruption" does not include institutionally
scheduled breaks in educational programs, occasional
absence due to illness, or modifications to the plan which will
(2008 Ed.)
Compensation—Right to and Amount
allow it to be completed within the cost and time provisions
of subsection (3)(d) and (e) of this section.
(b) When a vocational plan interruption is beyond the
control of the worker, the department or self-insurer shall
recommence plan development. If necessary to complete
vocational services, the cost and duration of the plan may
include credit for that expended prior to the interruption. A
vocational plan interruption is considered outside the control
of the worker when it is due to the closure of the accredited
institution, when it is due to a death in the worker’s immediate family, or when documented changes in the worker’s
accepted medical conditions prevent further participation in
the vocational plan.
(c) When a vocational plan interruption is the result of
the worker’s actions, the worker’s entitlement to benefits
shall be suspended in accordance with RCW 51.32.110. If
plan development or implementation is recommenced, the
cost and duration of the plan shall not include credit for that
expended prior to the interruption. A vocational plan interruption is considered a result of the worker’s actions when it
is due to the failure to meet attendance expectations set by the
training or educational institution, failure to achieve passing
grades or acceptable performance review, unaccepted or
postinjury conditions that prevent further participation in the
vocational plan, or the worker’s failure to abide by the
accountability agreement per subsection (3)(a) of this section. [2007 c 72 § 2.]
Implementation—2007 c 72: "The department of labor and industries
shall adopt rules necessary to implement this act." [2007 c 72 § 4.]
Effective date—2007 c 72: "This act takes effect January 1, 2008."
[2007 c 72 § 5.]
Expiration date—2007 c 72: "This act expires June 30, 2013." [2007
c 72 § 6.]
51.32.110
(3) For the duration of the vocational pilot program, all
expenses to the medical aid fund resulting from the director’s
discretionary decisions as provided in subsection (1) of this
section shall be separately documented as a medical aid fund
expenditure and reported to the vocational rehabilitation subcommittee and the legislature annually. This report shall
include the number of claims for which relief to the state fund
employer was provided and the average cost per claim. A
report to the vocational rehabilitation subcommittee and the
legislature shall also be made annually including the number
of claims and average cost per claim reported by self-insured
employers for claims meeting the requirements in subsection
(1)(a), (b), and (d) of this section. [2007 c 72 § 3.]
Implementation—Effective date—Expiration date—2007 c 72: See
notes following RCW 51.32.099.
51.32.100 Preexisting disease. If it is determined that
an injured worker had, at the time of his or her injury, a preexisting disease and that such disease delays or prevents
complete recovery from such injury, it shall be ascertained,
as nearly as possible, the period over which the injury would
have caused disability were it not for the diseased condition
and the extent of permanent partial disability which the injury
would have caused were it not for the disease, and compensation shall be awarded only therefor. [1977 ex.s. c 350 § 49;
1971 ex.s. c 289 § 44; 1961 c 23 § 51.32.100. Prior: 1957 c
70 § 34; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part;
1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2,
part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.32.100
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.110 Medical examination—Refusal to submit—Traveling expenses—Pay for time lost. (1) Any
worker entitled to receive any benefits or claiming such
under this title shall, if requested by the department or selfinsurer, submit himself or herself for medical examination, at
a time and from time to time, at a place reasonably convenient for the worker and as may be provided by the rules of
the department. An injured worker, whether an alien or other
injured worker, who is not residing in the United States at the
time that a medical examination is requested may be required
to submit to an examination at any location in the United
States determined by the department or self-insurer.
(2) If the worker refuses to submit to medical examination, or obstructs the same, or, if any injured worker shall persist in unsanitary or injurious practices which tend to imperil
or retard his or her recovery, or shall refuse to submit to such
medical or surgical treatment as is reasonably essential to his
or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilitation or does not
cooperate in reasonable efforts at such rehabilitation, the
department or the self-insurer upon approval by the department, with notice to the worker may suspend any further
action on any claim of such worker so long as such refusal,
obstruction, noncooperation, or practice continues and
reduce, suspend, or deny any compensation for such period:
PROVIDED, That the department or the self-insurer shall not
suspend any further action on any claim of a worker or
reduce, suspend, or deny any compensation if a worker has
51.32.110
51.32.0991 Vocational services and plans—Costs—
Medical aid fund expenses. (Expires June 30, 2013.) (1)
Costs paid for vocational services and plans shall be chargeable to the employer’s cost experience or shall be paid by the
self-insurer, as the case may be. For state fund vocational
plans implemented on or after January 1, 2008, the costs may
be paid from the medical aid fund at the sole discretion of the
director under the following circumstances:
(a) The worker previously participated in a vocational
plan or selected a worker option as described in RCW
51.32.099(4);
(b) The worker’s prior vocational plan or selected option
was based on an approved plan or option on or after January
1, 2008;
(c) For state fund employers, the date of injury or disease
manifestation of the subsequent claim is within the period of
time used to calculate their experience factor;
(d) The subsequent claim is for an injury or occupational
disease that resulted from employment and work-related
activities beyond the worker’s documented restrictions.
(2) The vocational plan costs payable from the medical
aid fund shall include the costs of temporary total disability
benefits, except those payable from the supplemental pension
fund, from the date the vocational plan is implemented to the
date the worker completes the plan or ceases participation.
The vocational costs paid from the medical aid fund shall not
be charged to the state fund employer’s cost experience.
51.32.0991
(2008 Ed.)
[Title 51 RCW—page 57]
51.32.112
Title 51 RCW: Industrial Insurance
good cause for refusing to submit to or to obstruct any examination, evaluation, treatment or practice requested by the
department or required under this section.
(3) If the worker necessarily incurs traveling expenses in
attending the examination pursuant to the request of the
department, such traveling expenses shall be repaid to him or
her out of the accident fund upon proper voucher and audit or
shall be repaid by the self-insurer, as the case may be.
(4)(a) If the medical examination required by this section
causes the worker to be absent from his or her work without
pay:
(i) In the case of a worker insured by the department, the
worker shall be paid compensation out of the accident fund in
an amount equal to his or her usual wages for the time lost
from work while attending the medical examination; or
(ii) In the case of a worker of a self-insurer, the selfinsurer shall pay the worker an amount equal to his or her
usual wages for the time lost from work while attending the
medical examination.
(b) This subsection (4) shall apply prospectively to all
claims regardless of the date of injury. [1997 c 325 § 3; 1993
c 375 § 1; 1980 c 14 § 11. Prior: 1977 ex.s. c 350 § 50; 1977
ex.s. c 323 § 17; 1971 ex.s. c 289 § 13; 1961 c 23 § 51.32.110;
prior: 1917 c 28 § 18; 1915 c 188 § 5; 1911 c 74 § 13; RRS
§ 7688.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.112 Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria. (1) The department shall develop standards for the conduct of special medical examinations to determine permanent disabilities,
including, but not limited to:
(a) The qualifications of persons conducting the examinations;
(b) The criteria for conducting the examinations, including guidelines for the appropriate treatment of injured workers during the examination; and
(c) The content of examination reports.
(2) Within the appropriate scope of practice, chiropractors licensed under chapter 18.25 RCW may conduct special
medical examinations to determine permanent disabilities in
consultation with physicians licensed under chapter 18.57 or
18.71 RCW. The department, in its discretion, may request
that a special medical examination be conducted by a single
chiropractor if the department determines that the sole issues
involved in the examination are within the scope of practice
under chapter 18.25 RCW. However, nothing in this section
authorizes the use as evidence before the board of a chiropractor’s determination of the extent of a worker’s permanent
disability if the determination is not requested by the department.
(3) The department shall investigate the amount of
examination fees received by persons conducting special
medical examinations to determine permanent disabilities,
including total compensation received for examinations of
department and self-insured claimants, and establish compensation guidelines and compensation reporting criteria.
51.32.112
[Title 51 RCW—page 58]
(4) The department shall investigate the level of compliance of self-insurers with the requirement of full reporting of
claims information to the department, particularly with
respect to medical examinations, and develop effective
enforcement procedures or recommendations for legislation
if needed. [1993 c 515 § 4; 1988 c 114 § 2.]
Intent—1988 c 114: "It is the intent of the legislature that medical
examinations for determining permanent disabilities be conducted fairly and
objectively by qualified examiners and with respect for the dignity of the
injured worker." [1988 c 114 § 1.]
51.32.114 Medical examination—Department to
monitor quality and objectivity. The department shall
examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity
of examinations and reports for the department and selfinsured claimants. The department shall adopt rules to ensure
that examinations are performed only by qualified persons
meeting department standards. [1988 c 114 § 3.]
51.32.114
Intent—1988 c 114: See note following RCW 51.32.112.
51.32.120 Further accident after lump sum payment.
Should a further accident occur to a worker who has been
previously the recipient of a lump sum payment under this
title, his or her future compensation shall be adjusted according to the other provisions of this chapter and with regard to
the combined effect of his or her injuries and his or her past
receipt of money under this title. [1977 ex.s. c 350 § 51; 1961
c 23 § 51.32.120. Prior: 1957 c 70 § 35; prior: 1949 c 219 §
1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310
§ 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.32.120
51.32.130 Lump sum for death or permanent total
disability. In case of death or permanent total disability, the
monthly payment provided may be converted, in whole or in
part, into a lump sum payment, not in any case to exceed
eight thousand five hundred dollars, equal or proportionate,
as the case may be, to the value of the annuity then remaining,
to be fixed and certified by the state insurance commissioner,
in which event the monthly payments shall cease in whole or
in part accordingly or proportionately. Such conversion may
be made only upon written application (in case of minor children the application may be by either parent) to the department and shall rest in the discretion of the department. Within
the rule aforesaid the amount and value of the lump sum payment may be agreed upon between the department and applicant. In the event any payment shall be due to an alien residing in a foreign country, the department may settle the same
by making a lump sum payment in such amount as may be
agreed to by such alien, not to exceed fifty percent of the
value of the annuity then remaining.
Nothing herein shall preclude the department from making, and authority is hereby given it to make, on its own
motion, lump sum payments equal or proportionate, as the
case may be, to the value of the annuity then remaining, in
full satisfaction of claims due to dependents. [1961 c 23 §
51.32.130. Prior: 1957 c 70 § 45; prior: 1941 c 209 § 2; 1929
c 132 § 3; 1927 c 310 § 6(i); 1917 c 29 § 22; 1911 c 74 § 7;
Rem. Supp. 1941 § 7681.]
51.32.130
(2008 Ed.)
Compensation—Right to and Amount
51.32.135 Closing of claim in pension cases—Consent of spouse. In pension cases when a worker or beneficiary closes his or her claim by full conversion to a lump sum
or in any other manner as provided in RCW 51.32.130 and
51.32.150, such action shall be conclusive and effective to
bar any subsequent application or claim relative thereto by
the worker or any beneficiary which would otherwise exist
had such person not elected to close the claim: PROVIDED,
The director may require the spouse of such worker to consent in writing as a prerequisite to conversion and/or the closing of such claim. [1977 ex.s. c 350 § 52; 1973 1st ex.s. c 154
§ 98; 1961 c 23 § 51.32.135. Prior: 1953 c 143 § 1.]
51.32.135
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
51.32.140 Nonresident alien beneficiary. Except as
otherwise provided by treaty or this title, whenever compensation is payable to a beneficiary who is an alien not residing
in the United States, the department or self-insurer, as the
case may be, shall pay the compensation to which a resident
beneficiary is entitled under this title. But if a nonresident
alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States,
either resident or nonresident, from partaking of the benefit
of such law in as favorable a degree as herein extended to
nonresident aliens, he or she shall receive no compensation.
No payment shall be made to any beneficiary residing in any
country with which the United States does not maintain diplomatic relations when such payment is due. [1997 c 325 § 5;
1971 ex.s. c 289 § 45; 1961 c 23 § 51.32.140. Prior: 1957 c
70 § 36; prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923
c 136 § 4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part;
1911 c 74 § 10, part; Rem. Supp. 1947 § 7684, part.]
51.32.140
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.150 Lump sum to beneficiary outside state. If
a beneficiary shall reside or move out of the state, the department may, with the written consent of the beneficiary, convert any monthly payments provided for such cases into a
lump sum payment (not in any case to exceed the value of the
annuity then remaining, to be fixed and certified by the state
insurance commissioner, but in no case to exceed the sum
provided in RCW 51.32.130 as now or hereafter amended).
[1977 ex.s. c 323 § 18; 1961 c 23 § 51.32.150. Prior: 1959 c
308 § 5; 1957 c 70 § 37; prior: 1949 c 219 § 1, part; 1947 c
246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923
c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913
c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679,
part.]
51.32.150
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.160 Aggravation, diminution, or termination.
(1)(a) If aggravation, diminution, or termination of disability
takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own
motion, readjust the rate of compensation in accordance with
the rules in this section provided for the same, or in a proper
case terminate the payment: PROVIDED, That the director
may, upon application of the worker made at any time, pro51.32.160
(2008 Ed.)
51.32.180
vide proper and necessary medical and surgical services as
authorized under RCW 51.36.010. The department shall
promptly mail a copy of the application to the employer at the
employer’s last known address as shown by the records of the
department.
(b) "Closing order" as used in this section means an order
based on factors which include medical recommendation,
advice, or examination.
(c) Applications for benefits where the claim has been
closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this section. The preceding sentence shall not apply to any closing
order issued prior to July 1, 1981. First closing orders issued
between July 1, 1981, and July 1, 1985, shall, for the purposes of this section only, be deemed issued on July 1, 1985.
The time limitation of this section shall be ten years in claims
involving loss of vision or function of the eyes.
(d) If an order denying an application to reopen filed on
or after July 1, 1988, is not issued within ninety days of
receipt of such application by the self-insured employer or
the department, such application shall be deemed granted.
However, for good cause, the department may extend the
time for making the final determination on the application for
an additional sixty days.
(2) If a worker receiving a pension for total disability
returns to gainful employment for wages, the director may
suspend or terminate the rate of compensation established for
the disability without producing medical evidence that shows
that a diminution of the disability has occurred.
(3) No act done or ordered to be done by the director, or
the department prior to the signing and filing in the matter of
a written order for such readjustment shall be grounds for
such readjustment. [1995 c 253 § 2; 1988 c 161 § 11; 1986 c
59 § 4; 1973 1st ex.s. c 192 § 1; 1961 c 23 § 51.32.160. Prior:
1957 c 70 § 38; prior: 1951 c 115 § 5; 1949 c 219 § 1, part;
1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4,
part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1,
part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.32.180 Occupational diseases—Limitation. Every
worker who suffers disability from an occupational disease in
the course of employment under the mandatory or elective
adoption provisions of this title, or his or her family and
dependents in case of death of the worker from such disease
or infection, shall receive the same compensation benefits
and medical, surgical and hospital care and treatment as
would be paid and provided for a worker injured or killed in
employment under this title, except as follows: (a) This section and RCW 51.16.040 shall not apply where the last exposure to the hazards of the disease or infection occurred prior
to January 1, 1937; and (b) for claims filed on or after July 1,
1988, the rate of compensation for occupational diseases
shall be established as of the date the disease requires medical
treatment or becomes totally or partially disabling, whichever
occurs first, and without regard to the date of the contraction
of the disease or the date of filing the claim. [1988 c 161 § 5;
1977 ex.s. c 350 § 53; 1971 ex.s. c 289 § 49; 1961 c 23 §
51.32.180. Prior: 1959 c 308 § 19; prior: 1941 c 235 § 1,
part; 1939 c 135 § 1, part; 1937 c 212 § 1, part; Rem. Supp.
1941 § 7679-1, part.]
51.32.180
[Title 51 RCW—page 59]
51.32.185
Title 51 RCW: Industrial Insurance
Benefit increases—Application to certain retrospective rating
agreements—1988 c 161: See notes following RCW 51.32.050.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.185 Occupational diseases—Presumption of
occupational disease for firefighters—Limitations—
Exception—Rules. (1) In the case of firefighters as defined
in RCW 41.26.030(4) (a), (b), and (c) who are covered under
Title 51 RCW and firefighters, including supervisors,
employed on a full-time, fully compensated basis as a firefighter of a private sector employer’s fire department that
includes over fifty such firefighters, there shall exist a prima
facie presumption that: (a) Respiratory disease; (b) any heart
problems, experienced within seventy-two hours of exposure
to smoke, fumes, or toxic substances, or experienced within
twenty-four hours of strenuous physical exertion due to firefighting activities; (c) cancer; and (d) infectious diseases are
occupational diseases under RCW 51.08.140. This presumption of occupational disease may be rebutted by a preponderance of the evidence. Such evidence may include, but is not
limited to, use of tobacco products, physical fitness and
weight, lifestyle, hereditary factors, and exposure from other
employment or nonemployment activities.
(2) The presumptions established in subsection (1) of
this section shall be extended to an applicable member following termination of service for a period of three calendar
months for each year of requisite service, but may not extend
more than sixty months following the last date of employment.
(3) The presumption established in subsection (1)(c) of
this section shall only apply to any active or former firefighter who has cancer that develops or manifests itself after
the firefighter has served at least ten years and who was given
a qualifying medical examination upon becoming a firefighter that showed no evidence of cancer. The presumption
within subsection (1)(c) of this section shall only apply to
prostate cancer diagnosed prior to the age of fifty, primary
brain cancer, malignant melanoma, leukemia, non-Hodgkin’s
lymphoma, bladder cancer, ureter cancer, colorectal cancer,
multiple myeloma, testicular cancer, and kidney cancer.
(4) The presumption established in subsection (1)(d) of
this section shall be extended to any firefighter who has contracted any of the following infectious diseases: Human
immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or
mycobacterium tuberculosis.
(5) Beginning July 1, 2003, this section does not apply to
a firefighter who develops a heart or lung condition and who
is a regular user of tobacco products or who has a history of
tobacco use. The department, using existing medical
research, shall define in rule the extent of tobacco use that
shall exclude a firefighter from the provisions of this section.
(6) For purposes of this section, "firefighting activities"
means fire suppression, fire prevention, emergency medical
services, rescue operations, hazardous materials response,
aircraft rescue, and training and other assigned duties related
to emergency response.
(7)(a) When a determination involving the presumption
established in this section is appealed to the board of industrial insurance appeals and the final decision allows the claim
51.32.185
[Title 51 RCW—page 60]
for benefits, the board of industrial insurance appeals shall
order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or
her beneficiary by the opposing party.
(b) When a determination involving the presumption
established in this section is appealed to any court and the
final decision allows the claim for benefits, the court shall
order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or
her beneficiary by the opposing party.
(c) When reasonable costs of the appeal must be paid by
the department under this section in a state fund case, the
costs shall be paid from the accident fund and charged to the
costs of the claim. [2007 c 490 § 2; 2002 c 337 § 2; 1987 c
515 § 2.]
Legislative findings—1987 c 515: "The legislature finds that the
employment of firefighters exposes them to smoke, fumes, and toxic or
chemical substances. The legislature recognizes that firefighters as a class
have a higher rate of respiratory disease than the general public. The legislature therefore finds that respiratory disease should be presumed to be occupationally related for industrial insurance purposes for firefighters." [1987 c
515 § 1.]
51.32.190 Self-insurers—Notice of denial of claim,
reasons—Procedure—Powers and duties of director. (1)
If the self-insurer denies a claim for compensation, written
notice of such denial, clearly informing the claimant of the
reasons therefor and that the director will rule on the matter
shall be mailed or given to the claimant and the director
within thirty days after the self-insurer has notice of the
claim.
(2) Until such time as the department has entered an
order in a disputed case acceptance of compensation by the
claimant shall not be considered a binding determination of
his or her rights under this title. Likewise the payment of
compensation shall not be considered a binding determination of the obligations of the self-insurer as to future compensation payments.
(3) Upon making the first payment of income benefits,
the self-insurer shall immediately notify the director in accordance with a form to be prescribed by the director. Upon
request of the department on a form prescribed by the department, the self-insurer shall submit a record of the payment of
income benefits including initial, termination or terminations, and change or changes to the benefits. Where temporary disability compensation is payable, the first payment
thereof shall be made within fourteen days after notice of
claim and shall continue at regular semimonthly or biweekly
intervals.
(4) If, after the payment of compensation without an
award, the self-insurer elects to controvert the right to compensation, the payment of compensation shall not be considered a binding determination of the obligations of the selfinsurer as to future compensation payments. The acceptance
of compensation by the worker or his or her beneficiaries
shall not be considered a binding determination of their rights
under this title.
(5) The director: (a) May, upon his or her own initiative
at any time in a case in which payments are being made without an award; and (b) shall, upon receipt of information from
any person claiming to be entitled to compensation, from the
self-insurer, or otherwise that the right to compensation is
51.32.190
(2008 Ed.)
Compensation—Right to and Amount
controverted, or that payment of compensation has been
opposed, stopped or changed, whether or not claim has been
filed, promptly make such inquiry as circumstances require,
cause such medical examinations to be made, hold such hearings, require the submission of further information, make
such orders, decisions or awards, and take such further action
as he or she considers will properly determine the matter and
protect the rights of all parties.
(6) The director, upon his or her own initiative, may
make such inquiry as circumstances require or is necessary to
protect the rights of all the parties and he or she may enact
rules and regulations providing for procedures to ensure fair
and prompt handling by self-insurers of the claims of workers
and beneficiaries. [1996 c 58 § 2; 1982 1st ex.s. c 20 § 3;
1977 ex.s. c 350 § 54; 1972 ex.s. c 43 § 25; 1971 ex.s. c 289
§ 47.]
Effective date—1982 1st ex.s. c 20: See note following RCW
51.32.075.
51.32.195 Self-insurers—Information to department.
On any industrial injury claim where the self-insured
employer or injured worker has requested a determination by
the department, the self-insurer must submit all medical
reports and any other specified information not previously
submitted to the department. When the department requests
information from a self-insurer by certified mail, the selfinsurer shall submit all information in its possession concerning a claim within ten working days from the date of receipt
of such certified notice. [1987 c 290 § 1.]
51.32.195
51.32.200 Self-insurers—Enforcement of compensation order against. (1) If a self-insurer fails, refuses, or
neglects to comply with a compensation order which has
become final and is not subject to review or appeal, the director or any person entitled to compensation under the order
may institute proceedings for injunctive or other appropriate
relief for enforcement of the order. These proceedings may
be instituted in the superior court for the county in which the
claimant resides, or, if the claimant is not then a resident of
this state, in the superior court for the county in which the
self-insurer may be served with process.
(2) The court shall enforce obedience to the order by
proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may
issue such writs and processes as are necessary to carry out its
orders.
(3) A proceeding under this section does not preclude
other methods of enforcement provided for in this title.
[1971 ex.s. c 289 § 48.]
51.32.200
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.32.210 Claims of injured workers, prompt
action—Payment—Acceptance—Effect. Claims of
injured workers of employers who have secured the payment
of compensation by insuring with the department shall be
promptly acted upon by the department. Where temporary
disability compensation is payable, the first payment thereof
shall be mailed within fourteen days after receipt of the claim
at the department’s offices in Olympia and shall continue at
regular semimonthly intervals. The payment of this or any
51.32.210
(2008 Ed.)
51.32.220
other benefits under this title, prior to the entry of an order by
the department in accordance with RCW 51.52.050 as now or
hereafter amended, shall be not considered a binding determination of the obligations of the department under this title.
The acceptance of compensation by the worker or his or her
beneficiaries prior to such order shall likewise not be considered a binding determination of their rights under this title.
[1977 ex.s. c 350 § 55; 1972 ex.s. c 43 § 26.]
51.32.215 Payment of compensation after appeal—
Enforcement of order—Penalty. (1)(a) If the worker or
beneficiary in a state fund claim prevails in an appeal by any
party to the board or the court, the department shall comply
with the board or court’s order with respect to the payment of
compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become
final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to
review or appeal and the department has, within the period
specified in (a)(i) of this subsection, requested the filing by
the worker or beneficiary of documents necessary to make
payment of compensation, sixty days after all requested documents are filed with the department.
The department may extend the sixty-day time period for
an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection, any person entitled to compensation under the order
may institute proceedings for injunctive or other appropriate
relief for enforcement of the order. These proceedings may
be instituted in the superior court for the county in which the
claimant resides, or, if the claimant is not then a resident of
this state, in the superior court for Thurston county.
(2) In a proceeding under this section, the court shall
enforce obedience to the order by proper means, enjoining
compliance upon the person obligated to comply with the
compensation order. The court may issue such writs and processes as are necessary to carry out its orders and may award
a penalty of up to one thousand dollars to the person entitled
to compensation under the order.
(3) A proceeding under this section does not preclude
other methods of enforcement provided for in this title.
[1995 c 276 § 1.]
51.32.215
Application—1995 c 276: "This act applies to all appeals in state fund
claims determined under Title 51 RCW on or after July 23, 1995, regardless
of the date of filing of the claim." [1995 c 276 § 2.]
51.32.220 Reduction in total disability compensation—Limitations—Notice—Waiver—Adjustment for
retroactive reduction in federal social security disability
benefit—Restrictions. (1) For persons receiving compensation for temporary or permanent total disability pursuant to
the provisions of this chapter, such compensation shall be
reduced by an amount equal to the benefits payable under the
federal old-age, survivors, and disability insurance act as now
or hereafter amended not to exceed the amount of the reduction established pursuant to 42 U.S.C. Sec. 424a. However,
such reduction shall not apply when the combined compensation provided pursuant to this chapter and the federal old-age,
survivors, and disability insurance act is less than the total
benefits to which the federal reduction would apply, pursuant
to 42 U.S.C. 424a. Where any person described in this sec51.32.220
[Title 51 RCW—page 61]
51.32.225
Title 51 RCW: Industrial Insurance
tion refuses to authorize the release of information concerning the amount of benefits payable under said federal act the
department’s estimate of said amount shall be deemed to be
correct unless and until the actual amount is established and
no adjustment shall be made for any period of time covered
by any such refusal.
(2) Any reduction under subsection (1) of this section
shall be effective the month following the month in which the
department or self-insurer is notified by the federal social
security administration that the person is receiving disability
benefits under the federal old-age, survivors, and disability
insurance act: PROVIDED, That in the event of an overpayment of benefits the department or self-insurer may not
recover more than the overpayments for the six months
immediately preceding the date the department or self-insurer
notifies the worker that an overpayment has occurred: PROVIDED FURTHER, That upon determining that there has
been an overpayment, the department or self-insurer shall
immediately notify the person who received the overpayment
that he or she shall be required to make repayment pursuant
to this section and RCW 51.32.230.
(3) Recovery of any overpayment must be taken from
future temporary or permanent total disability benefits or permanent partial disability benefits provided by this title. In the
case of temporary or permanent total disability benefits, the
recovery shall not exceed twenty-five percent of the monthly
amount due from the department or self-insurer or one-sixth
of the total overpayment, whichever is the lesser.
(4) No reduction may be made unless the worker
receives notice of the reduction prior to the month in which
the reduction is made.
(5) In no event shall the reduction reduce total benefits to
less than the greater amount the worker may be entitled to
under this title or the federal old-age, survivors, and disability
insurance act.
(6) The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his or her discretion to
waive, in whole or in part, the amount of any overpayment
where the recovery would be against equity and good conscience.
(7) Subsection (1) of this section applies to:
(a) Workers under the age of sixty-two whose effective
entitlement to total disability compensation begins before
January 2, 1983;
(b) Workers under the age of sixty-five whose effective
entitlement to total disability compensation begins after January 1, 1983; and
(c) Workers who will become sixty-five years of age on
or after June 10, 2004.
(8)(a) If the federal social security administration makes
a retroactive reduction in the federal social security disability
benefit entitlement of a worker for periods of temporary total,
temporary partial, or total permanent disability for which the
department or self-insurer also reduced the worker’s benefit
amounts under this section, the department or self-insurer, as
the case may be, shall make adjustments in the calculation of
benefits and pay the additional benefits to the worker as
appropriate. However, the department or self-insurer shall
not make changes in the calculation or pay additional benefits
unless the worker submits a written request, along with doc[Title 51 RCW—page 62]
umentation satisfactory to the director of an overpayment
assessment by the social security administration, to the
department or self-insurer, as the case may be.
(b) Additional benefits paid under this subsection:
(i) Are paid without interest and without regard to
whether the worker’s claim under this title is closed; and
(ii) Do not affect the status or the date of the claim’s closure.
(c) This subsection does not apply to requests on claims
for which a determination on the request has been made and
is not subject to further appeal. [2007 c 255 § 1; 2005 c 198
§ 1; 2004 c 92 § 1; 1982 c 63 § 19; 1979 ex.s. c 231 § 1; 1979
ex.s. c 151 § 1; 1977 ex.s. c 323 § 19; 1975 1st ex.s. c 286 §
3.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Applicability—1979 ex.s. c 231: "This 1979 act applies to all cases in
which notification of the first reduction in compensation pursuant to RCW
51.32.220 is mailed after June 15, 1979, regardless of when the basis, authority, or cause for such reduction may have arisen. To such extent, this 1979
act applies retrospectively, but in all other respects it applies prospectively."
[1979 ex.s. c 231 § 2.]
Severability—1979 ex.s. c 231: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 231 § 3.]
Applicability—1979 ex.s. c 151: "This 1979 act applies to all cases in
which notification of the first reduction in compensation pursuant to RCW
51.32.220 is mailed after May 10, 1979, regardless of when the basis, authority, or cause for such reduction may have arisen. To such extent, this 1979
act applies retrospectively, but in all other respects it applies prospectively."
[1979 ex.s. c 151 § 3.]
Severability—1979 ex.s. c 151: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 151 § 4.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.225 Reduction in total disability compensation—Offset for social security retirement benefits. (1)
For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be
reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C.
This reduction shall not apply to any worker who is receiving
permanent total disability benefits prior to July 1, 1986.
(2) Reductions for social security retirement benefits
under this section shall comply with the procedures in RCW
51.32.220 (1) through (6) and with any other procedures
established by the department to administer this section. For
any worker whose entitlement to social security retirement
benefits is immediately preceded by an entitlement to social
security disability benefits, the offset shall be based on the
formulas provided under 42 U.S.C. Sec. 424a. For all other
workers entitled to social security retirement benefits, the offset shall be based on procedures established and determined
by the department to most closely follow the intent of RCW
51.32.220.
(3) Any reduction in compensation made under chapter
58, Laws of 1986, shall be made before the reduction established in this section. [2006 c 163 § 1; 1986 c 59 § 5.]
51.32.225
Effective date—1986 c 59 § 5: See note following RCW 51.32.090.
(2008 Ed.)
Compensation—Right to and Amount
51.32.230 Recovery of overpayments. Notwithstanding any other provisions of law, any overpayments previously
recovered under the provisions of RCW 51.32.220 as now or
hereafter amended shall be limited to six months’ overpayments. Where greater recovery has already been made, the
director, in his discretion, may make restitution in those cases
where an extraordinary hardship has been created. [1979
ex.s. c 151 § 2.]
51.32.230
Applicability—Severability—1979 ex.s. c 151: See notes following
RCW 51.32.220.
51.32.240 Erroneous payments—Payments induced
by willful misrepresentation—Adjustment for selfinsurer’s failure to pay benefits—Penalty—Appeal—
Enforcement of orders. (Effective until January 1, 2009.)
(1)(a) Whenever any payment of benefits under this title is
made because of clerical error, mistake of identity, innocent
misrepresentation by or on behalf of the recipient thereof
mistakenly acted upon, or any other circumstance of a similar
nature, all not induced by willful misrepresentation, the
recipient thereof shall repay it and recoupment may be made
from any future payments due to the recipient on any claim
with the state fund or self-insurer, as the case may be. The
department or self-insurer, as the case may be, must make
claim for such repayment or recoupment within one year of
the making of any such payment or it will be deemed any
claim therefor has been waived.
(b) Except as provided in subsections (3), (4), and (5) of
this section, the department may only assess an overpayment
of benefits because of adjudicator error when the order upon
which the overpayment is based is not yet final as provided in
RCW 51.52.050 and 51.52.060. "Adjudicator error" includes
the failure to consider information in the claim file, failure to
secure adequate information, or an error in judgment.
(c) The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his discretion to
waive, in whole or in part, the amount of any such timely
claim where the recovery would be against equity and good
conscience.
(2) Whenever the department or self-insurer fails to pay
benefits because of clerical error, mistake of identity, or innocent misrepresentation, all not induced by recipient willful
misrepresentation, the recipient may request an adjustment of
benefits to be paid from the state fund or by the self-insurer,
as the case may be, subject to the following:
(a) The recipient must request an adjustment in benefits
within one year from the date of the incorrect payment or it
will be deemed any claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits
because of adjudicator error. Adjustments due to adjudicator
error are addressed by the filing of a written request for
reconsideration with the department of labor and industries or
an appeal with the board of industrial insurance appeals
within sixty days from the date the order is communicated as
provided in RCW 51.52.050. "Adjudicator error" includes
the failure to consider information in the claim file, failure to
secure adequate information, or an error in judgment.
(3) Whenever the department issues an order rejecting a
claim for benefits paid pursuant to RCW 51.32.190 or
51.32.210, after payment for temporary disability benefits
51.32.240
(2008 Ed.)
51.32.240
h a s bee n pa id b y a se lf - in su r e r p u r su a n t to R CW
51.32.190(3) or by the department pursuant to RCW
51.32.210, the recipient thereof shall repay such benefits and
recoupment may be made from any future payments due to
the recipient on any claim with the state fund or self-insurer,
as the case may be. The director, under rules adopted in
accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good
conscience.
(4) Whenever any payment of benefits under this title
has been made pursuant to an adjudication by the department
or by order of the board or any court and timely appeal therefrom has been made where the final decision is that any such
payment was made pursuant to an erroneous adjudication, the
recipient thereof shall repay it and recoupment may be made
from any future payments due to the recipient on any claim
with the state fund or self-insurer, as the case may be. The
director, pursuant to rules adopted in accordance with the
procedures provided in the administrative procedure act,
chapter 34.05 RCW, may exercise his discretion to waive, in
whole or in part, the amount of any such payments where the
recovery would be against equity and good conscience.
(5)(a) Whenever any payment of benefits under this title
has been induced by willful misrepresentation the recipient
thereof shall repay any such payment together with a penalty
of fifty percent of the total of any such payments and the
amount of such total sum may be recouped from any future
payments due to the recipient on any claim with the state fund
or self-insurer against whom the willful misrepresentation
was committed, as the case may be, and the amount of such
penalty shall be placed in the supplemental pension fund.
Such repayment or recoupment must be demanded or ordered
within three years of the discovery of the willful misrepresentation.
(b) For purposes of this subsection (5), it is willful misrepresentation for a person to obtain payments or other benefits under this title in an amount greater than that to which the
person otherwise would be entitled. Willful misrepresentation includes:
(i) Willful false statement; or
(ii) Willful misrepresentation, omission, or concealment
of any material fact.
(c) For purposes of this subsection (5), "willful" means a
conscious or deliberate false statement, misrepresentation,
omission, or concealment of a material fact with the specific
intent of obtaining, continuing, or increasing benefits under
this title.
(d) For purposes of this subsection (5), failure to disclose
a work-type activity must be willful in order for a misrepresentation to have occurred.
(e) For purposes of this subsection (5), a material fact is
one which would result in additional, increased, or continued
benefits, including but not limited to facts about physical
restrictions, or work-type activities which either result in
wages or income or would be reasonably expected to do so.
Wages or income include the receipt of any goods or services. For a work-type activity to be reasonably expected to
result in wages or income, a pattern of repeated activity must
exist. For those activities that would reasonably be expected
[Title 51 RCW—page 63]
51.32.240
Title 51 RCW: Industrial Insurance
to result in wages or produce income, but for which actual
wage or income information cannot be reasonably determined, the department shall impute wages pursuant to RCW
51.08.178(4).
(6) The worker, beneficiary, or other person affected
thereby shall have the right to contest an order assessing an
overpayment pursuant to this section in the same manner and
to the same extent as provided under RCW 51.52.050 and
51.52.060. In the event such an order becomes final under
chapter 51.52 RCW and notwithstanding the provisions of
subsections (1) through (5) of this section, the director, director’s designee, or self-insurer may file with the clerk in any
county within the state a warrant in the amount of the sum
representing the unpaid overpayment and/or penalty plus
interest accruing from the date the order became final. The
clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment
docket under the superior court cause number assigned to the
warrant, the name of the worker, beneficiary, or other person
mentioned in the warrant, the amount of the unpaid overpayment and/or penalty plus interest accrued, and the date the
warrant was filed. The amount of the warrant as docketed
shall become a lien upon the title to and interest in all real and
personal property of the worker, beneficiary, or other person
against whom the warrant is issued, the same as a judgment
in a civil case docketed in the office of such clerk. The sheriff
shall then proceed in the same manner and with like effect as
prescribed by law with respect to execution or other process
issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to
support the issuance of writs of garnishment in favor of the
department or self-insurer in the manner provided by law in
the case of judgment, wholly or partially unsatisfied. The
clerk of the court shall be entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the
worker, beneficiary, or other person within three days of filing with the clerk.
The director, director’s designee, or self-insurer may
issue to any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or
agency of the state, a notice to withhold and deliver property
of any kind if there is reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or
agency of the state, property that is due, owing, or belonging
to any worker, beneficiary, or other person upon whom a
warrant has been served for payments due the department or
self-insurer. The notice and order to withhold and deliver
shall be served by certified mail accompanied by an affidavit
of service by mailing or served by the sheriff of the county, or
by the sheriff’s deputy, or by any authorized representative of
the director, director’s designee, or self-insurer. Any person,
firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state
upon whom service has been made shall answer the notice
within twenty days exclusive of the day of service, under oath
and in writing, and shall make true answers to the matters
inquired or in the notice and order to withhold and deliver. In
the event there is in the possession of the party named and
[Title 51 RCW—page 64]
served with such notice and order, any property that may be
subject to the claim of the department or self-insurer, such
property shall be delivered forthwith to the director, the
director’s authorized representative, or self-insurer upon
demand. If the party served and named in the notice and
order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer
such order has expired, render judgment by default against
the party named in the notice for the full amount, plus costs,
claimed by the director, director’s designee, or self-insurer in
the notice. In the event that a notice to withhold and deliver
is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer
all exemptions provided for by chapter 6.27 RCW to which
the wage earner may be entitled.
This subsection shall only apply to orders assessing an
overpayment which are issued on or after July 28, 1991:
PROVIDED, That this subsection shall apply retroactively to
all orders assessing an overpayment resulting from fraud,
civil or criminal.
(7) Orders assessing an overpayment which are issued on
or after July 28, 1991, shall include a conspicuous notice of
the collection methods available to the department or selfinsurer. [2004 c 243 § 7; 2001 c 146 § 10. Prior: 1999 c 396
§ 1; 1999 c 119 § 1; 1991 c 88 § 1; 1986 c 54 § 1; 1975 1st
ex.s. c 224 § 13.]
Application—2004 c 243 § 7: "Section 7 of this act applies to willful
misrepresentation determinations issued on or after July 1, 2004." [2004 c
243 § 9.]
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.240 Erroneous payments—Payments induced
by willful misrepresentation—Adjustment for selfinsurer’s failure to pay benefits—Recoupment of overpayments by self-insurer—Penalty—Appeal—Enforcement of orders. (Effective January 1, 2009.) (1)(a) Whenever any payment of benefits under this title is made because
of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted
upon, or any other circumstance of a similar nature, all not
induced by willful misrepresentation, the recipient thereof
shall repay it and recoupment may be made from any future
payments due to the recipient on any claim with the state fund
or self-insurer, as the case may be. The department or selfinsurer, as the case may be, must make claim for such repayment or recoupment within one year of the making of any
such payment or it will be deemed any claim therefor has
been waived.
(b) Except as provided in subsections (3), (4), and (5) of
this section, the department may only assess an overpayment
of benefits because of adjudicator error when the order upon
which the overpayment is based is not yet final as provided in
RCW 51.52.050 and 51.52.060. "Adjudicator error" includes
the failure to consider information in the claim file, failure to
secure adequate information, or an error in judgment.
(c) The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his or her discretion to
waive, in whole or in part, the amount of any such timely
51.32.240
(2008 Ed.)
Compensation—Right to and Amount
claim where the recovery would be against equity and good
conscience.
(2) Whenever the department or self-insurer fails to pay
benefits because of clerical error, mistake of identity, or innocent misrepresentation, all not induced by recipient willful
misrepresentation, the recipient may request an adjustment of
benefits to be paid from the state fund or by the self-insurer,
as the case may be, subject to the following:
(a) The recipient must request an adjustment in benefits
within one year from the date of the incorrect payment or it
will be deemed any claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits
because of adjudicator error. Adjustments due to adjudicator
error are addressed by the filing of a written request for
reconsideration with the department of labor and industries or
an appeal with the board of industrial insurance appeals
within sixty days from the date the order is communicated as
provided in RCW 51.52.050. "Adjudicator error" includes
the failure to consider information in the claim file, failure to
secure adequate information, or an error in judgment.
(3) Whenever the department issues an order rejecting a
claim for benefits paid pursuant to RCW 51.32.190 or
51.32.210, after payment for temporary disability benefits
h a s b e e n p a i d b y a sel f - in su r e r p u r su a n t to R CW
51.32.190(3) or by the department pursuant to RCW
51.32.210, the recipient thereof shall repay such benefits and
recoupment may be made from any future payments due to
the recipient on any claim with the state fund or self-insurer,
as the case may be. The director, under rules adopted in
accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good
conscience.
(4) Whenever any payment of benefits under this title
has been made pursuant to an adjudication by the department
or by order of the board or any court and timely appeal therefrom has been made where the final decision is that any such
payment was made pursuant to an erroneous adjudication, the
recipient thereof shall repay it and recoupment may be made
from any future payments due to the recipient on any claim
whether state fund or self-insured.
(a) The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise discretion to waive, in
whole or in part, the amount of any such payments where the
recovery would be against equity and good conscience.
However, if the director waives in whole or in part any such
payments due a self-insurer, the self-insurer shall be reimbursed the amount waived from the self-insured employer
overpayment reimbursement fund.
(b) The department shall collect information regarding
self-insured claim overpayments resulting from final decisions of the board and the courts, and recoup such overpayments on behalf of the self-insurer from any open, new, or
reopened state fund or self-insured claims. The department
shall forward the amounts collected to the self-insurer to
whom the payment is owed. The department may provide
information as needed to any self-insurers from whom payments may be collected on behalf of the department or
another self-insurer. Notwithstanding RCW 51.32.040, any
(2008 Ed.)
51.32.240
self-insurer requested by the department to forward payments
to the department pursuant to this subsection shall pay the
department directly. The department shall credit the amounts
recovered to the appropriate fund, or forward amounts collected to the appropriate self-insurer, as the case may be.
(c) If a self-insurer is not fully reimbursed within twentyfour months of the first attempt at recovery through the collection process pursuant to this subsection and by means of
processes pursuant to subsection (6) of this section, the selfinsurer shall be reimbursed for the remainder of the amount
due from the self-insured employer overpayment reimbursement fund.
(d) For purposes of this subsection, "recipient" does not
include health service providers whose treatment or services
were authorized by the department or self-insurer.
(e) The department or self-insurer shall first attempt
recovery of overpayments for health services from any entity
that provided health insurance to the worker to the extent that
the health insurance entity would have provided health insurance benefits but for workers’ compensation coverage.
(5)(a) Whenever any payment of benefits under this title
has been induced by willful misrepresentation the recipient
thereof shall repay any such payment together with a penalty
of fifty percent of the total of any such payments and the
amount of such total sum may be recouped from any future
payments due to the recipient on any claim with the state fund
or self-insurer against whom the willful misrepresentation
was committed, as the case may be, and the amount of such
penalty shall be placed in the supplemental pension fund.
Such repayment or recoupment must be demanded or ordered
within three years of the discovery of the willful misrepresentation.
(b) For purposes of this subsection (5), it is willful misrepresentation for a person to obtain payments or other benefits under this title in an amount greater than that to which the
person otherwise would be entitled. Willful misrepresentation includes:
(i) Willful false statement; or
(ii) Willful misrepresentation, omission, or concealment
of any material fact.
(c) For purposes of this subsection (5), "willful" means a
conscious or deliberate false statement, misrepresentation,
omission, or concealment of a material fact with the specific
intent of obtaining, continuing, or increasing benefits under
this title.
(d) For purposes of this subsection (5), failure to disclose
a work-type activity must be willful in order for a misrepresentation to have occurred.
(e) For purposes of this subsection (5), a material fact is
one which would result in additional, increased, or continued
benefits, including but not limited to facts about physical
restrictions, or work-type activities which either result in
wages or income or would be reasonably expected to do so.
Wages or income include the receipt of any goods or services. For a work-type activity to be reasonably expected to
result in wages or income, a pattern of repeated activity must
exist. For those activities that would reasonably be expected
to result in wages or produce income, but for which actual
wage or income information cannot be reasonably determined, the department shall impute wages pursuant to RCW
51.08.178(4).
[Title 51 RCW—page 65]
51.32.242
Title 51 RCW: Industrial Insurance
(6) The worker, beneficiary, or other person affected
thereby shall have the right to contest an order assessing an
overpayment pursuant to this section in the same manner and
to the same extent as provided under RCW 51.52.050 and
51.52.060. In the event such an order becomes final under
chapter 51.52 RCW and notwithstanding the provisions of
subsections (1) through (5) of this section, the director, director’s designee, or self-insurer may file with the clerk in any
county within the state a warrant in the amount of the sum
representing the unpaid overpayment and/or penalty plus
interest accruing from the date the order became final. The
clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment
docket under the superior court cause number assigned to the
warrant, the name of the worker, beneficiary, or other person
mentioned in the warrant, the amount of the unpaid overpayment and/or penalty plus interest accrued, and the date the
warrant was filed. The amount of the warrant as docketed
shall become a lien upon the title to and interest in all real and
personal property of the worker, beneficiary, or other person
against whom the warrant is issued, the same as a judgment
in a civil case docketed in the office of such clerk. The sheriff
shall then proceed in the same manner and with like effect as
prescribed by law with respect to execution or other process
issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to
support the issuance of writs of garnishment in favor of the
department or self-insurer in the manner provided by law in
the case of judgment, wholly or partially unsatisfied. The
clerk of the court shall be entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the
worker, beneficiary, or other person within three days of filing with the clerk.
The director, director’s designee, or self-insurer may
issue to any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or
agency of the state, a notice to withhold and deliver property
of any kind if there is reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or
agency of the state, property that is due, owing, or belonging
to any worker, beneficiary, or other person upon whom a
warrant has been served for payments due the department or
self-insurer. The notice and order to withhold and deliver
shall be served by certified mail accompanied by an affidavit
of service by mailing or served by the sheriff of the county, or
by the sheriff’s deputy, or by any authorized representative of
the director, director’s designee, or self-insurer. Any person,
firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state
upon whom service has been made shall answer the notice
within twenty days exclusive of the day of service, under oath
and in writing, and shall make true answers to the matters
inquired or in the notice and order to withhold and deliver. In
the event there is in the possession of the party named and
served with such notice and order, any property that may be
subject to the claim of the department or self-insurer, such
property shall be delivered forthwith to the director, the
director’s authorized representative, or self-insurer upon
[Title 51 RCW—page 66]
demand. If the party served and named in the notice and
order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer
such order has expired, render judgment by default against
the party named in the notice for the full amount, plus costs,
claimed by the director, director’s designee, or self-insurer in
the notice. In the event that a notice to withhold and deliver
is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer
all exemptions provided for by chapter 6.27 RCW to which
the wage earner may be entitled.
This subsection shall only apply to orders assessing an
overpayment which are issued on or after July 28, 1991:
PROVIDED, That this subsection shall apply retroactively to
all orders assessing an overpayment resulting from fraud,
civil or criminal.
(7) Orders assessing an overpayment which are issued on
or after July 28, 1991, shall include a conspicuous notice of
the collection methods available to the department or selfinsurer. [2008 c 280 § 2; 2004 c 243 § 7; 2001 c 146 § 10.
Prior: 1999 c 396 § 1; 1999 c 119 § 1; 1991 c 88 § 1; 1986 c
54 § 1; 1975 1st ex.s. c 224 § 13.]
Effective date—2008 c 280: "Section 2 of this act takes effect January
1, 2009." [2008 c 280 § 6.]
Application—2008 c 280: See note following RCW 51.52.050.
Application—2004 c 243 § 7: "Section 7 of this act applies to willful
misrepresentation determinations issued on or after July 1, 2004." [2004 c
243 § 9.]
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.242 Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—
Use of funds—Exception. (1) Except as provided in subsection (2) of this section, each self-insured employer shall
retain from the earnings of each of its workers that amount as
shall be fixed from time to time by the director, the basis for
measuring said amount to be determined by the director.
These moneys shall only be retained from employees and
remitted to the department in such manner and at such intervals as the department directs and shall be placed in the selfinsured employer overpayment reimbursement fund. The
moneys so collected shall be used exclusively for reimbursement to the reserve fund and to self-insured employers for
benefits overpaid during the pendency of board or court
appeals in which the self-insured employer prevails and has
not recovered, and shall be no more than necessary to make
such payments on a current basis.
(2) None of the amount assessed for the employer overpayment reimbursement fund under this section may be
retained from the earnings of workers covered under RCW
51.16.210. [2008 c 280 § 3.]
51.32.242
Application—2008 c 280: See note following RCW 51.52.050.
51.32.250 Payment of job modification costs. Modification of the injured worker’s previous job or modification of
a new job is recognized as a desirable method of returning the
injured worker to gainful employment. In order to assist
employers in meeting the costs of job modification, and to
encourage employers to modify jobs to accommodate retain51.32.250
(2008 Ed.)
Medical Aid
ing or hiring workers with disabilities resulting from workrelated injury, the supervisor or the supervisor’s designee, in
his or her discretion, may pay job modification costs in an
amount not to exceed five thousand dollars per worker per
job modification. This payment is intended to be a cooperative participation with the employer and funds shall be taken
from the appropriate account within the second injury fund.
The benefits provided for in this section are available to
any otherwise eligible worker regardless of the date of industrial injury. [1988 c 161 § 10; 1983 c 70 § 3; 1982 c 63 § 13.]
Severability—1983 c 70: See note following RCW 51.32.095.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.32.260 Compensation for loss or damage to personal effects. Workers otherwise entitled to compensation
under this title may also claim compensation for loss of or
damage to the worker’s personal clothing, footwear or protective equipment resulting from the industrial accident or
incurred in the course of emergency medical treatment for
injuries. [1983 c 111 § 1.]
51.32.260
51.32.300 State employee vocational rehabilitation
coordinator. The director shall appoint a state employee
vocational rehabilitation coordinator who shall provide technical assistance and coordination of claims management to
state agencies and institutions of higher education under the
state return-to-work programs created by RCW 41.06.490
and *28B.16.300. [1990 c 204 § 5.]
51.32.300
*Reviser’s note: RCW 28B.16.300 was repealed by 1993 c 281 § 68,
effective July 1, 1993.
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
51.32.350 Chemically related illness—Criteria and
procedures for claims—Claims management. (1) By July
1, 1994, the department shall establish interim criteria and
procedures for management of claims involving chemically
related illness to ensure consistency and fairness in the adjudication of these claims. The criteria and procedures shall
apply to employees covered by the state fund and employees
of self-insured employers. The department shall adopt final
criteria and procedures by December 31, 1994, and report the
criteria and procedures as required under section 5, chapter
265, Laws of 1994.
(2) The special procedures developed by the department
shall include procedures to determine which claims involving
chemically related illness require expert management. The
department shall assign claims managers with special training or expertise to manage these claims. [1994 c 265 § 1.]
51.32.350
51.32.360 Chemically related illness—Centers for
research and clinical assessment. The department shall
work with the department of health to establish one or more
centers for research and clinical assessment of chemically
related illness. [1994 c 265 § 3.]
51.32.360
Chapter 51.36
research on chemically related illnesses, which shall include
contracting with recognized medical research institutions.
The department shall develop an implementation plan for
research based on sound scientific research criteria, such as
double blind studies, and shall include adequate provisions
for peer review, and submit the plan to the worker’s [workers’] compensation advisory committee for review and
approval. Following approval of the plan, all specific proposals for projects under the plan shall be submitted for review to
a scientific advisory committee, established to provide scientific oversight of research projects, and to the workers’ compensation advisory committee. The department shall include
a research project that encourages regional cooperation in
addressing chemically related illness.
(2) Expenditures for research projects shall be within
legislative appropriations from the medical aid fund, with
self-insured employers and the state fund each paying a pro
rata share, based on the number of worker hours, of the
authorized expenditures. For the purposes of this subsection
only, self-insured employers may deduct from the pay of
each of their employees one-half of the share charged to the
employer for the expenditures from the medical aid fund.
[1994 c 265 § 4.]
51.32.380 Injured offenders—Benefits sent in the
care of the department of corrections—Exception—Liability. If the department of labor and industries has received
notice that an injured worker entitled to benefits payable
under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the
department of corrections, except those benefits payable to a
beneficiary as provided in RCW 51.32.040 (3)(c) and (4).
Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for
either department. [2003 c 379 § 26.]
51.32.380
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Chapter 51.36
Sections
51.36.010
51.36.015
51.36.017
51.36.020
51.36.022
51.36.030
51.36.040
51.36.050
51.36.060
51.36.070
51.36.080
51.36.085
51.32.370 Chemically related illness—Research
projects—Implementation plan—Funding—Deductions
from employees’ pay. (1) The department shall conduct
51.32.370
(2008 Ed.)
Chapter 51.36 RCW
MEDICAL AID
51.36.090
51.36.100
51.36.110
Extent and duration.
Chiropractic care and evaluation.
Licensed advanced registered nurse practitioners.
Transportation to treatment—Artificial substitutes and
mechanical aids—Modifications to residences or motor
vehicles.
Residence modification assistance—Rules—Report to legislature.
First aid.
Time and place of coverage—Lunch period.
Rehabilitation center—Contracts with self-insurers and others.
Duties of attending physician or licensed advanced registered
nurse practitioner—Medical information.
Medical examination—Reports—Costs.
Payment of fees and medical charges by department—Interest—Cost-effective payment methods—Audits.
Payment of fees and medical charges by self-insurers—Interest.
Review of billings—Investigation of unauthorized services.
Audits of health care providers authorized.
Audits of health care providers—Powers of department.
[Title 51 RCW—page 67]
51.36.010
51.36.120
51.36.130
51.36.140
51.36.150
Title 51 RCW: Industrial Insurance
Confidential information.
False, misleading, or deceptive advertising or representations.
Industrial insurance medical advisory committee—Duties—
Membership.
Industrial insurance chiropractic advisory committee—
Duties—Membership.
51.36.010 Extent and duration. Upon the occurrence
of any injury to a worker entitled to compensation under the
provisions of this title, he or she shall receive proper and necessary medical and surgical services at the hands of a physician or licensed advanced registered nurse practitioner of his
or her own choice, if conveniently located, and proper and
necessary hospital care and services during the period of his
or her disability from such injury. The department for state
fund claims shall pay, in accordance with the department’s
fee schedule, for any alleged injury for which a worker files a
claim, any initial prescription drugs provided in relation to
that initial visit, without regard to whether the worker’s claim
for benefits is allowed. In all accepted claims, treatment shall
be limited in point of duration as follows:
In the case of permanent partial disability, not to extend
beyond the date when compensation shall be awarded him or
her, except when the worker returned to work before permanent partial disability award is made, in such case not to
extend beyond the time when monthly allowances to him or
her shall cease; in case of temporary disability not to extend
beyond the time when monthly allowances to him or her shall
cease: PROVIDED, That after any injured worker has
returned to his or her work his or her medical and surgical
treatment may be continued if, and so long as, such continuation is deemed necessary by the supervisor of industrial
insurance to be necessary to his or her more complete recovery; in case of a permanent total disability not to extend
beyond the date on which a lump sum settlement is made
with him or her or he or she is placed upon the permanent
pension roll: PROVIDED, HOWEVER, That the supervisor
of industrial insurance, solely in his or her discretion, may
authorize continued medical and surgical treatment for conditions previously accepted by the department when such medical and surgical treatment is deemed necessary by the supervisor of industrial insurance to protect such worker’s life or
provide for the administration of medical and therapeutic
measures including payment of prescription medications, but
not including those controlled substances currently scheduled
by the state board of pharmacy as Schedule I, II, III, or IV
substances under chapter 69.50 RCW, which are necessary to
alleviate continuing pain which results from the industrial
injury. In order to authorize such continued treatment the
written order of the supervisor of industrial insurance issued
in advance of the continuation shall be necessary.
The supervisor of industrial insurance, the supervisor’s
designee, or a self-insurer, in his or her sole discretion, may
authorize inoculation or other immunological treatment in
cases in which a work-related activity has resulted in probable exposure of the worker to a potential infectious occupational disease. Authorization of such treatment does not bind
the department or self-insurer in any adjudication of a claim
by the same worker or the worker’s beneficiary for an occupational disease. [2007 c 134 § 1; 2004 c 65 § 11; 1986 c 58
§ 6; 1977 ex.s. c 350 § 56; 1975 1st ex.s. c 234 § 1; 1971 ex.s.
c 289 § 50; 1965 ex.s. c 166 § 2; 1961 c 23 § 51.36.010.
51.36.010
[Title 51 RCW—page 68]
Prior: 1959 c 256 § 2; prior: 1943 c 186 § 2, part; 1923 c 136
§ 9, part; 1921 c 182 § 11, part; 1919 c 129 § 2, part; 1917 c
28 § 5, part; Rem. Supp. 1943 § 7714, part.]
Report to legislature—2007 c 134: "By December 1, 2009, the department of labor and industries must report to the senate labor, commerce,
research and development committee and the house of representatives commerce and labor committee, or successor committees, on the implementation
of this act." [2007 c 134 § 2.]
Effective date—2007 c 134: "This act takes effect January 1, 2008."
[2007 c 134 § 3.]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.36.015 Chiropractic care and evaluation. Subject
to the other provisions of this title, the health services that are
available to an injured worker under RCW 51.36.010 include
chiropractic care and evaluation. For the purposes of assisting
the department in making claims determinations, an injured
worker may be required by the department to undergo examination by a chiropractor licensed under chapter 18.25 RCW.
[1994 c 94 § 1.]
51.36.015
51.36.017 Licensed advanced registered nurse practitioners. Licensed advanced registered nurse practitioners
are recognized as independent practitioners and, subject to
the provisions of this title, the health services available to an
injured worker under RCW 51.36.010 include health services
provided by licensed advanced registered nurse practitioners
within their scope of practice. [2004 c 65 § 16.]
51.36.017
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
51.36.020 Transportation to treatment—Artificial
substitutes and mechanical aids—Modifications to residences or motor vehicles. (1) When the injury to any
worker is so serious as to require his or her being taken from
the place of injury to a place of treatment, his or her employer
shall, at the expense of the medical aid fund, or self-insurer,
as the case may be, furnish transportation to the nearest place
of proper treatment.
(2) Every worker whose injury results in the loss of one
or more limbs or eyes shall be provided with proper artificial
substitutes and every worker, who suffers an injury to an eye
producing an error of refraction, shall be once provided
proper and properly equipped lenses to correct such error of
refraction and his or her disability rating shall be based upon
the loss of sight before correction.
(3) Every worker whose accident results in damage to or
destruction of an artificial limb, eye, or tooth, shall have same
repaired or replaced.
(4) Every worker whose hearing aid or eyeglasses or
lenses are damaged, destroyed, or lost as a result of an industrial accident shall have the same restored or replaced. The
department or self-insurer shall be liable only for the cost of
restoring damaged hearing aids or eyeglasses to their condition at the time of the accident.
(5)(a) All mechanical appliances necessary in the treatment of an injured worker, such as braces, belts, casts, and
crutches, shall be provided and all mechanical appliances
required as permanent equipment after treatment has been
51.36.020
(2008 Ed.)
Medical Aid
completed shall continue to be provided or replaced without
regard to the date of injury or date treatment was completed,
notwithstanding any other provision of law.
(b) Injured workers shall be reimbursed for reasonable
travel expenses when travel is required in order to repair,
replace, or otherwise alter prosthetics, orthotics, or similar
permanent mechanical appliances after closure of the claim.
This subsection (5)(b) does not include travel for the repair or
replacement of hearing aid devices.
(6) A worker, whose injury is of such short duration as to
bring him or her within the time limit provisions of RCW
51.32.090, shall nevertheless receive during the omitted
period medical, surgical, and hospital care and service and
transportation under the provisions of this chapter.
(7) Whenever in the sole discretion of the supervisor it is
reasonable and necessary to provide residence modifications
necessary to meet the needs and requirements of the worker
who has sustained catastrophic injury, the department or selfinsurer may be ordered to pay an amount not to exceed the
state’s average annual wage for one year as determined under
RCW 50.04.355, as now existing or hereafter amended,
toward the cost of such modifications or construction. Such
payment shall only be made for the construction or modification of a residence in which the injured worker resides. Only
one residence of any worker may be modified or constructed
under this subsection, although the supervisor may order
more than one payment for any one home, up to the maximum amount permitted by this section.
(8)(a) Whenever in the sole discretion of the supervisor
it is reasonable and necessary to modify a motor vehicle
owned by a worker who has become an amputee or becomes
paralyzed because of an industrial injury, the supervisor may
order up to fifty percent of the state’s average annual wage
for one year, as determined under RCW 50.04.355, to be paid
by the department or self-insurer toward the costs thereof.
(b) In the sole discretion of the supervisor after his or her
review, the amount paid under this subsection may be
increased by no more than four thousand dollars by written
order of the supervisor.
(9) The benefits provided by subsections (7) and (8) of
this section are available to any otherwise eligible worker
regardless of the date of industrial injury. [2008 c 54 § 1;
1999 c 395 § 1; 1982 c 63 § 12; 1977 ex.s. c 350 § 57; 1975
1st ex.s. c 224 § 14; 1971 ex.s. c 289 § 51; 1965 ex.s. c 166 §
3; 1961 c 23 § 51.36.020. Prior: 1959 c 256 § 3; prior: 1951
c 236 § 6; 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c
182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem.
Supp. 1943 § 7714, part.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.36.040
(2) The director shall adopt rules that take effect no later
than nine months after July 24, 2005, to establish guidelines
and processes for residence modification pursuant to RCW
51.36.020(7).
(3) In developing rules under this section, the director
shall consult with interested persons, including persons with
expertise in the rehabilitation of catastrophically disabled
individuals and modifications for adaptive housing.
(4) These rules must address at least the following:
(a) The process for a catastrophically injured worker to
access the residence modification benefits provided by RCW
51.36.020; and
(b) How the department may address the needs and preferences of the individual worker on a case-by-case basis taking into account information provided by the injured worker.
For purposes of determining the needs and requirements of
the worker under RCW 51.36.020, including whether a modification is medically necessary, the department must consider all available information regarding the medical condition and physical restrictions of the injured worker, including
the opinion of the worker’s attending health services provider.
(5) The rules should be based upon nationally accepted
guidelines and publications addressing adaptive residential
housing. The department must consider the guidelines established by the United States department of veterans affairs in
their publication entitled "Handbook for Design: Specially
Adapted Housing," and the recommendations published in
"The Accessible Housing Design File" by Barrier Free Environments, Inc.
(6) In developing rules under this section, the director
shall consult with other persons with an interest in improving
standards for adaptive housing.
(7) The director shall report by December 2007 to the
appropriate committees of the legislature on the rules adopted
under this section. [2005 c 411 § 1.]
51.36.030 First aid. Every employer, who employs
workers, shall keep as required by the department’s rules a
first aid kit or kits equipped as required by such rules with
materials for first aid to his or her injured workers. Every
employer who employs fifty or more workers, shall keep one
first aid station equipped as required by the department’s
rules with materials for first aid to his or her injured workers,
and shall cooperate with the department in training one or
more employees in first aid to the injured. The maintenance
of such first aid kits and stations shall be deemed to be a part
of any safety and health standards established under Title 49
RCW. [1980 c 14 § 12. Prior: 1977 ex.s. c 350 § 58; 1977
ex.s. c 323 § 20; 1961 c 23 § 51.36.030; prior: 1959 c 256 §
4; prior: 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c
182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem.
Supp. 1943 § 7714, part.]
51.36.030
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.36.022 Residence modification assistance—
Rules—Report to legislature. (1) The legislature finds that
there is a need to clarify the process and standards under
which the department provides residence modification assistance to workers who have sustained catastrophic injury.
51.36.040 Time and place of coverage—Lunch
period. The benefits of Title 51 RCW shall be provided to
each worker receiving an injury, as defined therein, during
the course of his or her employment and also during his or her
lunch period as established by the employer while on the job-
51.36.022
(2008 Ed.)
51.36.040
[Title 51 RCW—page 69]
51.36.050
Title 51 RCW: Industrial Insurance
site. The jobsite shall consist of the premises as are occupied,
used or contracted for by the employer for the business of
work process in which the employer is then engaged: PROVIDED, That if a worker by reason of his or her employment
leaves such jobsite under the direction, control or request of
the employer and if such worker is injured during his or her
lunch period while so away from the jobsite, the worker shall
receive the benefits as provided herein: AND PROVIDED
FURTHER, That the employer need not consider the lunch
period in worker hours for the purpose of reporting to the
department unless the worker is actually paid for such period
of time. [1977 ex.s. c 350 § 59; 1961 c 107 § 2.]
51.36.050 Rehabilitation center—Contracts with
self-insurers and others. The department may operate and
control a rehabilitation center and may contract with selfinsurers, and any other persons who may be interested, for
use of any such center on such terms as the director deems
reasonable. [1979 ex.s. c 42 § 1; 1971 ex.s. c 289 § 52.]
51.36.050
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.36.060 Duties of attending physician or licensed
advanced registered nurse practitioner—Medical information. Physicians or licensed advanced registered nurse
practitioners examining or attending injured workers under
this title shall comply with rules and regulations adopted by
the director, and shall make such reports as may be requested
by the department or self-insurer upon the condition or treatment of any such worker, or upon any other matters concerning such workers in their care. Except under RCW 49.17.210
and 49.17.250, all medical information in the possession or
control of any person and relevant to the particular injury in
the opinion of the department pertaining to any worker whose
injury or occupational disease is the basis of a claim under
this title shall be made available at any stage of the proceedings to the employer, the claimant’s representative, and the
department upon request, and no person shall incur any legal
liability by reason of releasing such information. [2004 c 65
§ 12; 1991 c 89 § 3; 1989 c 12 § 17; 1975 1st ex.s. c 224 § 15;
1971 ex.s. c 289 § 53.]
51.36.060
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.36.070 Medical examination—Reports—Costs.
Whenever the director or the self-insurer deems it necessary
in order to resolve any medical issue, a worker shall submit to
examination by a physician or physicians selected by the
director, with the rendition of a report to the person ordering
the examination. The department or self-insurer shall provide
the physician performing an examination with all relevant
medical records from the worker’s claim file. The director, in
his or her discretion, may charge the cost of such examination
or examinations to the self-insurer or to the medical aid fund
as the case may be. The cost of said examination shall include
payment to the worker of reasonable expenses connected
51.36.070
[Title 51 RCW—page 70]
therewith. [2001 c 152 § 2; 1977 ex.s. c 350 § 60; 1971 ex.s.
c 289 § 54.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.36.080 Payment of fees and medical charges by
department—Interest—Cost-effective payment methods—Audits. (1) All fees and medical charges under this
title shall conform to the fee schedule established by the
director and shall be paid within sixty days of receipt by the
department of a proper billing in the form prescribed by
department rule or sixty days after the claim is allowed by
final order or judgment, if an otherwise proper billing is
received by the department prior to final adjudication of
claim allowance. The department shall pay interest at the rate
of one percent per month, but at least one dollar per month,
whenever the payment period exceeds the applicable sixtyday period on all proper fees and medical charges.
Beginning in fiscal year 1987, interest payments under
this subsection may be paid only from funds appropriated to
the department for administrative purposes.
Nothing in this section may be construed to require the
payment of interest on any billing, fee, or charge if the industrial insurance claim on which the billing, fee, or charge is
predicated is ultimately rejected or the billing, fee, or charge
is otherwise not allowable.
In establishing fees for medical and other health care services, the director shall consider the director’s duty to purchase health care in a prudent, cost-effective manner without
unduly restricting access to necessary care by persons entitled to the care. With respect to workers admitted as hospital
inpatients on or after July 1, 1987, the director shall pay for
inpatient hospital services on the basis of diagnosis-related
groups, contracting for services, or other prudent, cost-effective payment method, which the director shall establish by
rules adopted in accordance with chapter 34.05 RCW.
(2) The director may establish procedures for selectively
or randomly auditing the accuracy of fees and medical billings submitted to the department under this title. [1998 c 245
§ 104; 1993 c 159 § 2; 1987 c 470 § 1; 1985 c 368 § 2; 1985
c 338 § 1; 1971 ex.s. c 289 § 55.]
51.36.080
Effective date—1987 c 470 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1987." [1987 c 470 § 4.]
Effective date—1985 c 368 § 2: "Section 2 of this act shall take effect
July 1, 1987." [1985 c 368 § 7.]
Legislative findings—1985 c 368: "The legislature finds that:
(1) The governor’s steering committee on the six-year state health care
purchasing plan has estimated that health care expenditures by the department of labor and industries will rise from $172.5 million in fiscal year 1985
to $581.5 million in fiscal year 1991, an increase of two hundred thirty-seven
percent in six years, while the number of persons receiving the care will rise
only fifteen percent in the same period;
(2) The growing cost of health care for covered workers is a major
cause of recent industrial insurance premium increases, adversely affecting
both employers and employees;
(3) The department of labor and industries has not developed adequate
means of controlling the costs of health care services to which covered workers are entitled by law;
(4) There is a need for all agencies of the state to act as prudent buyers
in purchasing health care." [1985 c 368 § 1.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
(2008 Ed.)
Medical Aid
51.36.085 Payment of fees and medical charges by
self-insurers—Interest. All fees and medical charges under
this title shall conform to regulations promulgated, and the
fee schedule established by the director and shall be paid
within sixty days of receipt by the self-insured of a proper
billing in the form prescribed by department rule or sixty
days after the claim is allowed by final order or judgment, if
an otherwise proper billing is received by the self-insured
prior to final adjudication of claim allowance. The selfinsured shall pay interest at the rate of one percent per month,
but at least one dollar per month, whenever the payment
period exceeds the applicable sixty-day period on all proper
fees and medical charges. [1993 c 159 § 3; 1987 c 316 § 4.]
51.36.085
51.36.090 Review of billings—Investigation of unauthorized services. An employer may request review of billings for any medical and surgical services received by a
worker by submitting written notice to the department. The
department shall investigate the billings and determine
whether the worker received services authorized under this
title. Whenever such medical or surgical services are determined to be unauthorized, the department shall not charge the
costs of such services to the employer’s account. [1985 c 337
§ 3.]
51.36.090
51.36.100 Audits of health care providers authorized.
The legislature finds and declares it to be in the public interest of the residents of the state of Washington that a proper
regulatory and inspection program be instituted in connection
with the provision of medical, chiropractic, dental, vocational, and other health services to industrially injured workers pursuant to Title 51 RCW. In order to effectively accomplish such purpose and to assure that the industrially injured
worker receives such services as are paid for by the state of
Washington, the acceptance by the industrially injured
worker of such services, and the request by a provider of services for reimbursement for providing such services, shall
authorize the director of the department of labor and industries or the director’s authorized representative to inspect and
audit all records in connection with the provision of such services. [1993 c 515 § 5; 1986 c 200 § 1.]
51.36.100
51.36.110 Audits of health care providers—Powers
of department. The director of the department of labor and
industries or the director’s authorized representative shall
have the authority to:
(1) Conduct audits and investigations of providers of
medical, chiropractic, dental, vocational, and other health
services furnished to industrially injured workers pursuant to
Title 51 RCW. In the conduct of such audits or investigations, the director or the director’s authorized representatives
may examine all records, or portions thereof, including
patient records, for which services were rendered by a health
services provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make
or purport to make such records privileged or confidential:
PROVIDED, That no original patient records shall be
removed from the premises of the health services provider,
and that the disclosure of any records or information obtained
under authority of this section by the department of labor and
industries is prohibited and constitutes a violation of RCW
51.36.110
(2008 Ed.)
51.36.140
42.52.050, unless such disclosure is directly connected to the
official duties of the department: AND PROVIDED FURTHER, That the disclosure of patient information as required
under this section shall not subject any physician, licensed
advanced registered nurse practitioner, or other health services provider to any liability for breach of any confidential
relationships between the provider and the patient: AND
PROVIDED FURTHER, That the director or the director’s
authorized representative shall destroy all copies of patient
medical records in their possession upon completion of the
audit, investigation, or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished to industrially injured workers
pursuant to Title 51 RCW;
(3) Terminate or suspend eligibility to participate as a
provider of services furnished to industrially injured workers
pursuant to Title 51 RCW; and
(4) Pursue collection of unpaid overpayments and/or
penalties plus interest accrued from health care providers
pursuant to RCW 51.32.240(6). [2004 c 243 § 6; 2004 c 65 §
13; 1994 c 154 § 312; 1993 c 515 § 6; 1986 c 200 § 2.]
Reviser’s note: This section was amended by 2004 c 65 § 13 and by
2004 c 243 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
51.36.120 Confidential information. When contracting for health care services and equipment, the department,
upon request of a contractor, shall keep confidential financial
and valuable trade information, which shall be exempt from
public inspection and copying under chapter 42.56 RCW.
[2005 c 274 § 325; 1989 c 189 § 2.]
51.36.120
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
51.36.130 False, misleading, or deceptive advertising
or representations. In addition to other authority granted
under this chapter, the department may deny applications of
health care providers to participate as a provider of services
to injured workers under this title, or terminate or suspend
providers’ eligibility to participate, if the provider uses or
causes or promotes the use of, advertising matter, promotional materials, or other representation, however disseminated or published, that is false, misleading, or deceptive with
respect to the industrial insurance system or benefits for
injured workers under this title. [1997 c 336 § 2.]
51.36.130
51.36.140 Industrial insurance medical advisory
committee—Duties—Membership. (1) The department
shall establish an industrial insurance medical advisory committee. The industrial insurance medical advisory committee
shall advise the department on matters related to the provision of safe, effective, and cost-effective treatments for
injured workers, including but not limited to the development
of practice guidelines and coverage criteria, review of coverage decisions and technology assessments, review of medical
51.36.140
[Title 51 RCW—page 71]
51.36.150
Title 51 RCW: Industrial Insurance
programs, and review of rules pertaining to health care
issues. The industrial insurance medical advisory committee
may provide peer review and advise and assist the department in the resolution of controversies, disputes, and problems between the department and the providers of medical
care. The industrial insurance medical advisory committee
must consider the best available scientific evidence and
expert opinion of committee members. The department may
hire any expert or service or create an ad hoc committee,
group, or subcommittee it deems necessary to fulfill the purposes of the industrial insurance medical advisory committee. In addition, the industrial insurance medical advisory
committee may consult nationally recognized experts in evidence-based health care on particularly controversial issues.
(2) The industrial insurance medical advisory committee
is composed of up to fourteen members appointed by the
director. The members must not include any department
employees. The director shall select twelve members from
the nominations provided by statewide clinical groups, specialties, and associations, including but not limited to the following: Family or general practice, orthopedics, neurology,
neurosurgery, general surgery, physical medicine and rehabilitation, psychiatry, internal medicine, osteopathic, pain
management, and occupational medicine. At least two members must be physicians who are recognized for expertise in
evidence-based medicine. The director may choose up to two
additional members, not necessarily from the nominations
submitted, who have expertise in occupational medicine.
(3) The industrial insurance medical advisory committee
shall choose its chair from among its membership.
(4) The members of the industrial insurance medical
advisory committee, including hired experts and any ad hoc
group or subcommittee: (a) Are immune from civil liability
for any official acts performed in good faith to further the
purposes of the industrial insurance medical advisory committee; and (b) may be compensated for participation in the
work of the industrial insurance medical advisory committee
in accordance with a personal services contract to be executed after appointment and before commencement of activities related to the work of the industrial insurance medical
advisory committee.
(5) The members of the industrial insurance medical
advisory committee shall disclose all potential financial conflicts of interest including contracts with or employment by a
manufacturer, provider, or vendor of health technologies,
drugs, medical devices, diagnostic tools, or other medical services during their term or for eighteen months before their
appointment. As a condition of appointment, each person
must agree to the terms and conditions regarding conflicts of
interest as determined by the director.
(6) The industrial insurance medical advisory committee
shall meet at the times and places designated by the director
and hold meetings during the year as necessary to provide
advice to the director. Meetings of the industrial insurance
medical advisory committee are subject to chapter 42.30
RCW, the open public meetings act.
(7) The industrial insurance medical advisory committee
shall coordinate with the state health technology assessment
program and state prescription drug program as necessary.
As provided by RCW 70.14.100 and 70.14.050, the decisions
of the state health technology assessment program and those
[Title 51 RCW—page 72]
of the state prescription drug program hold greater weight
than decisions made by the department’s industrial insurance
medical advisory committee under Title 51 RCW.
(8) Neither the industrial insurance medical advisory
committee nor any group is an agency for purposes of chapter
34.05 RCW.
(9) The department shall provide administrative support
to the industrial insurance medical advisory committee and
adopt rules to carry out the purposes of this section.
(10) The chair and ranking minority member of the
house of representatives commerce and labor committee or
the chair and ranking minority member of the senate labor,
commerce, research and development committee, or successor committees, may request that the industrial insurance
medical advisory committee review a medical issue related to
industrial insurance and provide a written report to the house
of representatives commerce and labor committee and the
senate labor, commerce, research and development committee, or successor committees. The industrial insurance medical advisory committee is not required to act on the request.
(11) The workers’ compensation advisory committee
may request that the industrial insurance medical advisory
committee consider specific medical issues that have arisen
multiple times during the work of the workers’ compensation
advisory committee. The industrial insurance medical advisory committee is not required to act on the request. [2007 c
282 § 1.]
Report to legislature—2007 c 282: "The director, the industrial insurance medical advisory committee, and the industrial insurance chiropractic
advisory committee shall report to the appropriate committees of the legislature on the following:
(1) A summary of the types of issues reviewed by the industrial insurance medical advisory committee and the industrial insurance chiropractic
advisory committee and decisions in each matter;
(2) Whether the industrial insurance medical advisory committee or the
industrial insurance chiropractic advisory committee became involved in the
resolution of any disputes or controversies and the results of those disputes
or controversies as a result of the involvement of the industrial insurance
medical advisory committee or the industrial insurance chiropractic advisory
committee;
(3) The extent to which the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee conducted any peer reviews and the results of those reviews;
(4) The extent of any practice guidelines or coverage criteria developed
by the industrial insurance medical advisory committee or the industrial
insurance chiropractic advisory committee and the success of those developments; and
(5) The extent to which the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee provided
advice on coverage decisions and technology assessments.
The report is due no later than June 30, 2011, and must contain a recommendation about whether the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee should
continue as originally configured or whether any changes are needed."
[2007 c 282 § 3.]
51.36.150
51.36.150 Industrial insurance chiropractic advisory
committee—Duties—Membership. (1) The department
shall establish an industrial insurance chiropractic advisory
committee. The industrial insurance chiropractic advisory
committee shall advise the department on matters related to
the provision of safe, effective, and cost-effective chiropractic treatments for injured workers. The industrial insurance
chiropractic advisory committee may provide peer review
and advise and assist the department in the resolution of con(2008 Ed.)
Funds
troversies, disputes, and problems between the department
and the providers of chiropractic care.
(2) The industrial insurance chiropractic advisory committee is composed of up to nine members appointed by the
director. The members must not include any department
employees. The director must consider nominations from
recognized statewide chiropractic groups such as the Washington state chiropractic association. At least two members
must be chiropractors who are recognized for expertise in
evidence-based practice or occupational health.
(3) The industrial insurance chiropractic advisory committee shall choose its chair from among its membership.
(4) The members of the industrial insurance chiropractic
advisory committee and any ad hoc group or subcommittee:
(a) Are immune from civil liability for any official acts performed in good faith to further the purposes of the industrial
insurance chiropractic advisory committee; and (b) may be
compensated for participation in the work of the industrial
insurance chiropractic advisory committee in accordance
with a personal services contract to be executed after appointment and before commencement of activities related to the
work of the industrial insurance chiropractic advisory committee.
(5) The members of the industrial insurance chiropractic
advisory committee shall disclose all potential financial conflicts of interest including contracts with or employment by a
manufacturer, provider, or vendor of health technologies,
drugs, medical devices, diagnostic tools, or other medical services during their term or for eighteen months before their
appointment. As a condition of appointment, each person
must agree to the terms and conditions regarding conflicts of
interest as determined by the director.
(6) The industrial insurance chiropractic advisory committee shall meet at the times and places designated by the
director and hold meetings during the year as necessary to
provide advice to the director. Meetings of the industrial
insurance chiropractic advisory committee are subject to
chapter 42.30 RCW, the open public meetings act.
(7) The industrial insurance chiropractic advisory committee shall coordinate with the state health technology
assessment program and state prescription drug program as
necessary. As provided by RCW 70.14.100 and 70.14.050,
the decisions of the state health technology assessment program and those of the state prescription drug program hold
greater weight than decisions made by the department’s
industrial insurance chiropractic advisory committee under
Title 51 RCW.
(8) Neither the industrial insurance chiropractic advisory
committee nor any group is an agency for purposes of chapter
34.05 RCW.
(9) The department shall provide administrative support
to the industrial insurance chiropractic advisory committee
and adopt rules to carry out the purposes of this section.
(10) The chair and ranking minority member of the
house of representatives commerce and labor committee or
the chair and ranking minority member of the senate labor,
commerce, research and development committee, or successor committees, may request that the industrial insurance chiropractic advisory committee review a medical issue related
to industrial insurance and provide a written report to the
house of representatives commerce and labor committee and
(2008 Ed.)
51.44.030
the senate labor, commerce, research and development committee, or successor committees. The industrial insurance
chiropractic advisory committee is not required to act on the
request.
(11) The workers’ compensation advisory committee
may request that the industrial insurance chiropractic advisory committee consider specific medical issues that have
arisen multiple times during the work of the workers’ compensation advisory committee. The industrial insurance chiropractic advisory committee is not required to act on the
request. [2007 c 282 § 2.]
Report to legislature—2007 c 282: See note following RCW
51.36.140.
Chapter 51.44
Chapter 51.44 RCW
FUNDS
Sections
51.44.010
51.44.020
51.44.030
51.44.033
51.44.040
51.44.050
51.44.060
51.44.070
51.44.080
51.44.090
51.44.100
51.44.110
51.44.115
51.44.120
51.44.140
51.44.142
51.44.150
51.44.160
51.44.170
Accident fund.
Medical aid fund.
Reserve fund.
Supplemental pension fund.
Second injury fund.
Catastrophe injury account.
Charge to accident fund for the catastrophe injury account.
Transfer from accident fund, accounts to reserve fund—Annuity values—Self-insurers—Penalty for delay or refusal of
reimbursement.
Reserve fund—Transfers from state fund—Surplus—Deficiency.
Reserve fund record and maintenance by state treasurer.
Investment of accident, medical aid, reserve, supplemental
pension funds.
Disbursements of funds.
Financial statements and information—Annual audit and
report.
Liability of state treasurer.
Self-insurer deposits into reserve fund—Accounts within
fund—Surpluses and deficits.
Self-insured employer overpayment reimbursement fund.
Assessments upon self-insurers for administration costs.
Interfund loans between reserve and supplemental pension
funds—Audit.
Industrial insurance premium refund account.
Self-insured employer overpayment reimbursement fund—Withholding from
worker earnings—Use of funds—Exception: RCW 51.32.242.
51.44.010 Accident fund. There shall be, in the office
of the state treasurer, a fund to be known and designated as
the "accident fund." [1961 c 23 § 51.44.010. Prior: 1947 c
247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
51.44.010
51.44.020 Medical aid fund. There shall be, in the
office of the state treasurer, a fund to be known and designated as the "medical aid fund." [1961 c 23 § 51.44.020.
Prior: 1923 c 136 § 8, part; 1919 c 129 § 1, part; 1917 c 28 §
4, part; RRS § 7713, part.]
51.44.020
51.44.030 Reserve fund. There shall be, in the office of
the state treasurer, a fund to be known and designated as the
"reserve fund." [1961 c 23 § 51.44.030. Prior: 1957 c 70 §
39; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c
132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919
c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911
c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.44.030
[Title 51 RCW—page 73]
51.44.033
Title 51 RCW: Industrial Insurance
51.44.033 Supplemental pension fund. There shall be,
in the office of the state treasurer, a fund to be known and
designated as the "supplemental pension fund". The director
shall be the administrator thereof. The fund shall be used for
the sole purposes of making the additional payments therefrom prescribed in this title and the loans therefrom authorized in RCW 49.86.190. [2007 c 357 § 23; 1975 1st ex.s. c
224 § 16; 1971 ex.s. c 289 § 18.]
51.44.033
Joint legislative task force—2007 c 357: See note following RCW
49.86.005.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.44.040 Second injury fund. (Contingent expiration
date.) (1) There shall be in the office of the state treasurer, a
fund to be known and designated as the "second injury fund",
which shall be used only for the purpose of defraying charges
against it as provided in RCW 51.16.120 and 51.32.250. The
fund shall be administered by the director. The state treasurer
shall be the custodian of the second injury fund and shall be
authorized to disburse moneys from it only upon written
order of the director.
(2) Payments to the second injury fund from the accident
fund shall be made pursuant to rules adopted by the director.
(3)(a) Assessments for the second injury fund shall be
imposed on self-insurers pursuant to rules adopted by the
director. Such rules shall provide for at least the following:
(i) Except as provided in (a)(ii) of this subsection, the
amount assessed each self-insurer must be in the proportion
that the payments made from the fund on account of claims
made against self-insurers bears to the total sum of payments
from the fund.
(ii) Except as provided in section 2, chapter 475, Laws of
2005, beginning with assessments imposed on or after July 1,
2009, the department shall experience rate the amount
assessed each self-insurer as long as the aggregate amount
assessed is in the proportion that the payments made from the
fund on account of claims made against self-insurers bears to
the total sum of payments from the fund. The experience rating factor must provide equal weight to the ratio between
expenditures made by the second injury fund for claims of the
self-insurer to the total expenditures made by the second
injury fund for claims of all self-insurers for the prior three
fiscal years and the ratio of workers’ compensation claim
payments under this title made by the self-insurer to the total
worker’s compensation claim payments made by all selfinsurers under this title for the prior three fiscal years. The
weighted average of these two ratios must be divided by the
latter ratio to arrive at the experience factor.
(b) For purposes of this subsection, "expenditures made
by the second injury fund" mean the costs and charges
described under RCW 51.32.250 and 51.16.120 (3) and (4),
and the amounts assessed to the second injury fund as
described under RCW 51.16.120(1). Under no circumstances does "expenditures made by the second injury fund"
include any subsequent payments, assessments, or adjustments for pensions, where the applicable second injury fund
entitlement was established outside of the three fiscal years.
[2005 c 475 § 1; 1982 c 63 § 14; 1977 ex.s. c 323 § 21; 1972
51.44.040
[Title 51 RCW—page 74]
ex.s. c 43 § 27; 1961 c 23 § 51.44.040. Prior: 1959 c 308 §
17; 1947 c 183 § 1; 1945 c 219 § 2; Rem. Supp. 1947 § 76761b.]
Contingent expiration date—Outcome study—Report—2005 c 475:
"(1) If the outcome study conducted by the department of labor and industries under subsection (2)(a)(i) or (ii) of this section shows a negative impact
of fifteen percent or more to workers following claim closure among nonpension self-insured claimants, section 1, chapter 475, Laws of 2005 expires
June 30, 2013.
(2) The department shall conduct an outcome study of the experience
rating system established in section 1, chapter 475, Laws of 2005. In conducting the study, the department must:
(a) Compare the outcomes for workers of self-insured employers
whose industrial insurance claims with temporary total disability benefits for
more than thirty days are closed between July 1, 2002, and June 30, 2004,
with similar claims of workers of self-insured employers closed between
July 1, 2009, and June 30, 2011. For the purposes of subsection (1) of this
section, the department must provide two separate comparisons of such
workers as follows: (i) The first comparison includes the aggregate preinjury
wages for all nonpension injured workers compared with their aggregate
wages at claim closure in each of the two study groups; and (ii) the second
comparison includes the proportion of all nonpension injured workers who
are found able to work but have not returned to work, as reported by selfinsurers in the eligibility assessment reports submitted to the department on
the claims in the first study group, compared with the proportion of such
workers who are found able to work but have not returned to work, as
reported in the eligibility assessment reports submitted on claims in the second study group;
(b) Study whether the workers potentially impacted by the experience
rating program have improved return-to-work outcomes, whether the number of impacted workers found to be employable increases, whether there is
a change in long-term disability outcomes among the impacted workers, and
whether the number of permanent total disability pensions among impacted
workers is affected and, if so, the nature of the impact; and
(c) Develop, in consultation with representatives of the impacted workers and the self-insured community, a study methodology that must be provided to the workers’ compensation advisory committee for review and comment. The study methodology must include appropriate controls to account
for economic fluctuation, wage inflation, and other independent variables.
(3) The department must report to the appropriate committees of the
legislature by December 1, 2012, on the results of the study." [2005 c 475 §
2.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.44.040 Second injury fund. (Contingent effective
date.) (1) There shall be in the office of the state treasurer, a
fund to be known and designated as the "second injury fund",
which shall be used only for the purpose of defraying charges
against it as provided in RCW 51.16.120 and 51.32.250, as
now or hereafter amended. Said fund shall be administered
by the director. The state treasurer shall be the custodian of
the second injury fund and shall be authorized to disburse
moneys from it only upon written order of the director.
(2) Payments to the second injury fund from the accident
fund shall be made pursuant to rules and regulations promulgated by the director.
(3) Assessments for the second injury fund shall be
imposed on self-insurers pursuant to rules and regulations
promulgated by the director to ensure that self-insurers shall
pay to such fund in the proportion that the payments made
from such fund on account of claims made against self-insurers bears to the total sum of payments from such fund. [1982
c 63 § 14; 1977 ex.s. c 323 § 21; 1972 ex.s. c 43 § 27; 1961 c
23 § 51.44.040. Prior: 1959 c 308 § 17; 1947 c 183 § 1; 1945
c 219 § 2; Rem. Supp. 1947 § 7676-1b.]
51.44.040
(2008 Ed.)
Funds
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.44.050 Catastrophe injury account. There shall be
a special account within the accident fund to be known as the
"catastrophe injury account" which shall be used only for the
purpose of defraying charges against it as provided in RCW
51.16.130. [1961 c 23 § 51.44.050. Prior: 1959 c 308 § 6;
1957 c 70 § 40; prior: 1947 c 247 § 1(4f), part; 1911 c 74 §
4, part; Rem. Supp. 1947 § 7676f, part.]
51.44.050
51.44.060 Charge to accident fund for the catastrophe injury account. The charge to the accident fund to
defray charges against the catastrophe injury account shall be
made pursuant to rules and regulations promulgated by the
director. [1972 ex.s. c 43 § 28; 1961 c 23 § 51.44.060. Prior:
1959 c 308 § 7; 1957 c 70 § 41; prior: 1947 c 247 § 1(4f),
part; 1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f, part.]
51.44.060
51.44.070 Transfer from accident fund, accounts to
reserve fund—Annuity values—Self-insurers—Penalty
for delay or refusal of reimbursement. (1) For every case
resulting in death or permanent total disability the department
shall transfer on its books from the accident fund of the
proper class and/or appropriate account to the "reserve fund"
a sum of money for that case equal to the estimated present
cash value of the monthly payments provided for it, to be calculated upon the basis of an annuity covering the payments in
this title provided to be made for the case. Such annuity values shall be based upon rates of mortality, disability, remarriage, and interest as determined by the department, taking
into account the experience of the reserve fund in such
respects.
Similarly, a self-insurer in these circumstances shall pay
into the reserve fund a sum of money computed in the same
manner, and the disbursements therefrom shall be made as in
other cases.
(2) As an alternative to payment procedures otherwise
provided under law, in the event of death or permanent total
disability to workers of self-insured employers, a self-insured
employer may upon establishment of such obligation file
with the department a bond, an assignment of account from a
federally or state chartered commercial banking institution
authorized to conduct business in the state of Washington, or
purchase an annuity, in an amount deemed by the department
to be reasonably sufficient to insure payment of the pension
benefits provided by law. Any purchase of an annuity shall be
from an institution meeting the following minimum requirements: (a) The institution must be rated no less than "A+" by
A.M. Best, and no less than "AA" by Moody’s and by Standard & Poor’s; (b) the value of the assets of the institution
must not be less than ten billion dollars; (c) not more than ten
percent of the institution’s assets may include bonds that are
rated less than "BBB" by Moody’s and Standard & Poor’s;
(d) not more than five percent of the assets may be held as
equity in real estate; and (e) not more than twenty-five percent of the assets may be first mortgages, and not more than
five percent may be second mortgages. The department shall
adopt rules governing assignments of account and annuities.
51.44.070
(2008 Ed.)
51.44.080
Such rules shall ensure that the funds are available if needed,
even in the case of failure of the banking institution, the institution authorized to provide annuities, or the employer’s
business.
The annuity value for every such case shall be determined by the department based upon the department’s experience as to rates of mortality, disability, remarriage, and
interest. The amount of the required bond, assignment of
account, or annuity may be reviewed and adjusted periodically by the department, based upon periodic redeterminations by the department as to the outstanding annuity value
for the case.
Under such alternative, the department shall administer
the payment of this obligation to the beneficiary or beneficiaries. The department shall be reimbursed for all such payments from the self-insured employer through periodic
charges not less than quarterly in a manner to be determined
by the director. The self-insured employer shall additionally
pay to the department a deposit equal to the first three
months’ payments otherwise required under RCW 51.32.050
and 51.32.060. Such deposit shall be placed in the reserve
fund in accordance with RCW 51.44.140 and shall be
returned to the respective self-insured employer when
monthly payments are no longer required for such particular
obligation.
If a self-insurer delays or refuses to reimburse the department beyond fifteen days after the reimbursement charges
become due, there shall be a penalty paid by the self-insurer
upon order of the director of an additional amount equal to
twenty-five percent of the amount then due which shall be
paid into the pension reserve fund. Such an order shall conform to the requirements of RCW 51.52.050. [1992 c 124 §
1; 1989 c 190 § 1; 1983 c 312 § 1; 1981 c 325 § 1; 1971 ex.s.
c 289 § 56; 1961 c 274 § 5; 1961 c 23 § 51.44.070. Prior:
1959 c 308 § 8; 1957 c 70 § 42; prior: 1951 c 236 § 7; 1941
c 169 § 1; Rem. Supp. 1941 § 7705-2; prior: 1929 c 132 § 2,
part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 §
4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 §
5, part; Rem. Supp. 1949 § 7679, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.44.080 Reserve fund—Transfers from state
fund—Surplus—Deficiency. The department shall notify
the state treasurer from time to time, of such transfers as a
whole from the state fund to the reserve fund and the interest
or other earnings of the reserve fund shall become a part of
the reserve fund itself. As soon as possible after June 30th of
each year the department shall expert the reserve fund to
ascertain its standing as of June 30th of that year and the relation of its outstanding annuities at their then value to the cash
on hand or at interest belonging to the fund. The department
shall promptly report the result of the examination to the state
treasurer in writing not later than September 30th following.
If the report shows that there was on said June 30th, in the
reserve fund in cash or at interest, a greater sum than the then
annuity value of the outstanding pension obligations, the surplus shall be forthwith turned over to the state fund but, if the
report shows the contrary condition of the reserve fund, the
deficiency shall be forthwith made good out of the state fund.
[1989 c 190 § 2; 1988 c 161 § 8; 1972 ex.s. c 43 § 29; 1971
51.44.080
[Title 51 RCW—page 75]
51.44.090
Title 51 RCW: Industrial Insurance
ex.s. c 289 § 57; 1961 c 23 § 51.44.080. Prior: 1957 c 70 §
43; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c
132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919
c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911
c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.44.090 Reserve fund record and maintenance by
state treasurer. The state treasurer shall keep accurate
accounts of the reserve fund and the investment and earnings
thereof, to the end that the total reserve fund shall at all times,
as nearly as may be, be properly and fully invested and, to
meet current demands for pension or lump sum payments,
may, if necessary, make temporary loans to the reserve fund
out of the accident fund, repaying the same from the earnings
of the reserve fund or from collections of its investments or,
if necessary, sales of the same. [1972 ex.s. c 43 § 31; 1961 c
23 § 51.44.090. Prior: 1957 c 70 § 44; prior: 1949 c 219 § 1,
part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 §
4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
51.44.090
51.44.100 Investment of accident, medical aid,
reserve, supplemental pension funds. Whenever, in the
judgment of the state investment board, there shall be in the
accident fund, medical aid fund, reserve fund, or the supplemental pension fund, funds in excess of that amount deemed
by the state investment board to be sufficient to meet the current expenditures properly payable therefrom, the state
investment board may invest and reinvest such excess funds
in the manner prescribed by RCW 43.84.150, and not otherwise.
The state investment board may give consideration to the
investment of excess funds in federally insured student loans
made to persons in vocational training or retraining or reeducation programs. The state investment board may make such
investments by purchasing from savings and loan associations, commercial banks, mutual savings banks, credit unions
and other institutions authorized to be lenders under the federally insured student loan act, organized under federal or
state law and operating in this state loans made by such institutions to residents of the state of Washington particularly for
the purpose of vocational training or reeducation: PROVIDED, That the state investment board shall purchase only
that portion of any loan which is guaranteed or insured by the
United States of America, or by any agency or instrumentality of the United States of America: PROVIDED FURTHER, That the state investment board is authorized to enter
into contracts with such savings and loan associations, commercial banks, mutual savings banks, credit unions, and other
institutions authorized to be lenders under the federally
insured student loan act to service loans purchased pursuant
to this section at an agreed upon contract price. [1990 c 80 §
1; 1981 c 3 § 41; 1973 1st ex.s. c 103 § 6; 1972 ex.s. c 92 § 2;
1965 ex.s. c 41 § 1; 1961 c 281 § 10; 1961 c 23 § 51.44.100.
Prior: 1959 c 244 § 1; 1935 c 90 § 1; RRS § 7705-1.]
51.44.100
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
Legislative finding—Purpose—1972 ex.s. c 92: "The legislature finds
that the accident fund, medical aid fund and reserve funds could be invested
[Title 51 RCW—page 76]
in such a manner as to promote vocational training and retraining or reeducation among the workers of this state. The legislature recognizes that federally insured student loans are already available to students at institutions of
higher education. The legislature declares that the purpose of this 1972
amendatory act is to encourage the state finance committee to consider making some investment funds available for investment in federally insured student loans made to persons enrolled in vocational training and retraining or
reeducation programs." [1972 ex.s. c 92 § 1.]
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180
through 47.12.240.
Rehabilitation services for individuals with disabilities: Chapter 74.29
RCW.
Student loans: RCW 28B.10.280.
Uniform Minor Student Capacity to Borrow Act: Chapter 26.30 RCW.
51.44.110 Disbursements of funds. Disbursement out
of the several funds shall be made only upon warrants drawn
by the department. The state treasurer shall pay every warrant
out of the fund upon which it is drawn. If, at any time, there
shall not be sufficient money in the fund on which any such
warrant is drawn wherewith to pay the same, the employer on
account of whose worker it was that the warrant was drawn
shall pay the same, and he or she shall be credited upon his or
her next following contribution to such fund the amount so
paid with interest thereon at the legal rate from the date of
such payment to the date such next following contribution
became payable and, if the amount of the credit shall exceed
the amount of the contribution, he or she shall have a warrant
upon the same fund for the excess and, if any such warrant
shall not be so paid, it shall remain, nevertheless, payable out
of the fund. [1977 ex.s. c 350 § 68; 1973 c 106 § 30; 1961 c
23 § 51.44.110. Prior: 1911 c 74 § 26, part; RRS § 7705,
part.]
51.44.110
51.44.115 Financial statements and information—
Annual audit and report. (1) The department shall:
(a) Prepare financial statements on the state fund in
accordance with generally accepted accounting principles,
including but not limited to financial statements on the accident fund, the medical aid fund, the supplemental pension
fund, and the second injury fund. Statements must be presented separately by fund and in the aggregate; and
(b) Prepare financial information for the accident fund,
medical aid fund, and pension reserve fund based on statutory
accounting practices and principles promulgated by the
national association of insurance commissioners for the purpose of maintaining actuarial solvency of these funds.
(2) Beginning in 2006, and, to avoid duplication, coordinated with any audit that may be conducted under RCW
43.09.310, the state auditor shall conduct annual audits of the
state fund. As part of the audits required under this section,
the state auditor may contract with firms qualified to perform
all or part of the financial audit, as necessary.
(a) The firm or firms conducting the reviews shall be
familiar with the accounting standards applicable to the
accounts under review and shall have experience in workers’
compensation reserving, discounting, and rate making.
(b) The scope of the financial audit shall include, but is
not limited to:
(i) An opinion on whether the financial statements were
prepared in accordance with generally accepted accounting
principles;
51.44.115
(2008 Ed.)
Funds
(ii) An assessment of the financial impact of the proposed rate level on the actuarial solvency of the accident,
medical aid, and pension reserve funds, taking into consideration the risks inherent with insurance and the effects of the
actuarial assumptions, discount rates, reserving, retrospective
rating program, refunds, and individual employer rate
classes, as well as the standard accounting principles used for
insurance underwriting purposes; and
(iii) A statement of actuarial opinion on whether the loss
and loss adjustment expense reserves for the accident, medical aid, and pension reserve funds were prepared in accordance with generally accepted actuarial principles.
(c) The department shall cooperate with the state auditor
in all respects and shall permit the state auditor full access to
all information deemed necessary for a true and complete
review.
(d) The cost of the audit shall be paid by the state fund
under separate contract.
(3) The state auditor shall issue an annual report to the
governor, the leaders of the majority and minority caucuses
in the senate and the house of representatives, the director of
the office of financial management, and the director of the
department, on the results of the financial audit and reviews,
within six months of the end of the fiscal year. The report
may include recommendations.
(4) The audit report shall be available for public inspection.
(5) Within ninety days after the state auditor completes
and delivers to the appropriate authority an audit under subsection (2) of this section, the director of the department shall
notify the state auditor in writing of the measures taken and
proposed to be taken, if any, to respond to the recommendations of the audit report. The state auditor may extend the
ninety-day period for good cause. [2005 c 387 § 1.]
51.44.120 Liability of state treasurer. The state treasurer shall be liable on his official bond for the safe custody
of the moneys and securities of the several funds, but all of
the provisions of law relating to state depositaries and to the
deposit of state moneys therein shall apply to the several
funds and securities. [1961 c 23 § 51.44.120. Prior: (i) 1911
c 74 § 26, part; RRS § 7705, part. (ii) 1917 c 28 § 14; RRS §
7723.]
51.44.120
51.44.140 Self-insurer deposits into reserve fund—
Accounts within fund—Surpluses and deficits. Each selfinsurer shall make such deposits, into the reserve fund, as the
department shall require pursuant to RCW 51.44.070, as are
necessary to guarantee the payments of the pensions established pursuant to RCW 51.32.050 and 51.32.060.
Each self-insurer shall have an account within the
reserve fund. Each such account shall be credited with its
proportionate share of interest or other earnings as determined in RCW 51.44.080.
Each such account in the reserve fund shall be experted
by the insurance commissioner as required in RCW
51.44.080. Any surpluses shall be forthwith returned to the
respective self-insurers, and each deficit shall forthwith be
made good to the reserve fund by the self-insurer. [1972 ex.s.
c 43 § 30; 1971 ex.s. c 289 § 58.]
51.44.140
(2008 Ed.)
51.44.170
51.44.142 Self-insured employer overpayment reimbursement fund. The self-insured employer overpayment
reimbursement fund is created in the custody of the state treasurer. Expenditures from the account may be used only for
reimbursing the reserve fund and self-insured employers for
benefits overpaid during the pendency of board or court
appeals in which the self-insured employer prevails and has
not recovered. Only the director or the director’s designee
may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures. [2008 c
280 § 4.]
51.44.142
Application—2008 c 280: See note following RCW 51.52.050.
51.44.150 Assessments upon self-insurers for administration costs. The director shall impose and collect assessments each fiscal year upon all self-insurers in the amount of
the estimated costs of administering their portion of this title
during such fiscal year. These assessments shall also include
the assessments for the ombudsman’s office provided for in
RCW 51.14.390. The time and manner of imposing and collecting assessments due the department shall be set forth in
regulations promulgated by the director in accordance with
chapter 34.05 RCW. [2007 c 281 § 11; 1971 ex.s. c 289 §
59.]
51.44.150
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.44.160 Interfund loans between reserve and supplemental pension funds—Audit. The director is authorized to make periodic temporary interfund transfers between
the reserve and supplemental pension funds as may be necessary to provide for payments from the supplemental pension
fund as prescribed in this title. At least once annually, the
director shall cause an audit to be made of all pension funds
administered by the department to insure that proper crediting of funds has been made, and further to direct transfers
between the funds for any interfund loans which may have
been made in the preceding year and not fully reimbursed.
[1975 1st ex.s. c 224 § 17; 1971 ex.s. c 289 § 60.]
51.44.160
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.44.170 Industrial insurance premium refund
account. The industrial insurance premium refund account is
created in the custody of the state treasurer. All industrial
insurance refunds earned by state agencies or institutions of
higher education under the state fund retrospective rating
program shall be deposited into the account. The account is
subject to the allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures from
the account. Only the executive head of the agency or institution of higher education, or designee, may authorize expenditures from the account. No agency or institution of higher
education may make an expenditure from the account for an
amount greater than the refund earned by the agency. If the
agency or institution of higher education has staff dedicated
to workers’ compensation claims management, expenditures
from the account must be used to pay for that staff, but addi51.44.170
[Title 51 RCW—page 77]
Chapter 51.48
Title 51 RCW: Industrial Insurance
tional expenditure from the account may be used for any program within an agency or institution of higher education that
promotes or provides incentives for employee workplace
safety and health and early, appropriate return-to-work for
injured employees. During the 2003-2005 fiscal biennium,
the legislature may transfer from the industrial insurance premium refund account to the state general fund such amounts
as reflect the excess fund balance of the account. [2003 1st
sp.s. c 25 § 926; 2002 c 371 § 916; 1997 c 327 § 1; 1991 sp.s.
c 13 § 29; 1990 c 204 § 2.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
51.48.150
51.48.160
51.48.170
51.48.180
51.48.190
51.48.200
51.48.210
51.48.220
51.48.230
51.48.240
51.48.250
51.48.260
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
51.48.270
Findings—Purpose—1990 c 204: "The legislature finds that workplace safety in state employment is of paramount importance in maintaining
a productive and committed state workforce. The legislature also finds that
recognition in state agencies and institutions of higher education of industrial
insurance programs that provide safe working environments and promote
early return-to-work for injured employees will encourage agencies and
institutions of higher education to develop these programs. A purpose of this
act is to provide incentives for agencies and institutions of higher education
to participate in industrial insurance safety programs and return-to-work programs by authorizing use of the industrial insurance premium refunds earned
by agencies or institutions of higher education participating in industrial
insurance retrospective rating programs. Since agency and institution of
higher education retrospective rating refunds are generated from safety performance and cannot be set at predictable levels determined by the budget
process, the incentive awards should not impact an agency’s or institution of
higher education’s legislatively approved budget." [1997 c 327 § 2; 1990 c
204 § 1.]
51.48.280
Effective date—1990 c 204 § 2: "Section 2 of this act shall take effect
July 1, 1990." [1990 c 204 § 6.]
Chapter 51.48
Chapter 51.48 RCW
PENALTIES
Sections
51.48.010
51.48.017
51.48.020
51.48.025
51.48.030
51.48.040
51.48.050
51.48.055
51.48.060
51.48.075
51.48.080
51.48.090
51.48.100
51.48.103
51.48.105
51.48.110
51.48.120
51.48.131
51.48.140
Employer’s liability for penalties, injury or disease occurring
before payment of compensation secured.
Self-insurer delaying or refusing to pay benefits.
Employer’s false reporting or failure to secure payment of
compensation—False information by claimants—Unlawful
actions—Penalties.
Retaliation by employer prohibited—Investigation—Remedies.
Failure to keep records and make reports.
Inspection of employer’s records.
Liability for illegal collections for medical aid.
Termination, dissolution, or abandonment of business—Personal liability for unpaid premiums.
Physician or licensed advanced registered nurse practitioner—
Failure to report or comply.
Information and training on premium liability.
Violation of rules.
Collection.
Waiver—Penalty-free periods.
Engaging in business without certificate of coverage—Unlawful actions—Penalties.
Failure to apply for coverage of employees—Not applicable,
when.
Decedent having no beneficiaries—Payment into supplemental pension fund.
Notice of assessment for default in payments by employer—
Issuance—Service—Contents.
Notice of assessment for default in payments by employer—
Appeal.
Notice of assessment for employer’s default in payments—
When amount becomes final—Warrant—Execution—Garnishment—Fees.
[Title 51 RCW—page 78]
51.48.290
Notice of assessment for employer’s default in payments—
Notice to withhold and deliver property due employer.
Revocation of certificate of coverage for failure to pay warrants or taxes.
Emergency assessment and collection of taxes.
Emergency assessment and collection of taxes—Distraint and
sale of property.
Emergency assessment and collection of taxes—Conduct of
sale.
Search and seizure of property to satisfy tax warrant or assessment—Issuance and execution of search warrant.
Delinquent taxes.
Order of execution upon property—Procedure—Sale.
Order of execution upon property—Enforcement.
Agents and employees of department not personally liable—
Conditions.
Liability of persons wilfully obtaining erroneous payments—
Civil penalties.
Liability of persons unintentionally obtaining erroneous payments.
Criminal liability of persons making false statements or concealing information.
Kickbacks, bribes, and rebates—Representation fees—Criminal liability—Exceptions.
Written verification by health services providers.
51.48.010 Employer’s liability for penalties, injury or
disease occurring before payment of compensation
secured. Every employer shall be liable for the penalties
described in this title and may also be liable if an injury or
occupational disease has been sustained by a worker prior to
the time he or she has secured the payment of such compensation to a penalty in a sum not less than fifty percent nor
more than one hundred percent of the cost for such injury or
occupational disease. Any employer who has failed to secure
payment of compensation for his or her workers covered
under this title may also be liable to a maximum penalty in a
sum of five hundred dollars or in a sum double the amount of
premiums incurred prior to securing payment of compensation under this title, whichever is greater, for the benefit of
the medical aid fund. [1985 c 347 § 2; 1982 c 63 § 20; 1977
ex.s. c 350 § 69; 1971 ex.s. c 289 § 61; 1961 c 23 § 51.48.010.
Prior: 1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d,
part.]
51.48.010
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.017 Self-insurer delaying or refusing to pay
benefits. If a self-insurer unreasonably delays or refuses to
pay benefits as they become due there shall be paid by the
self-insurer upon order of the director an additional amount
equal to five hundred dollars or twenty-five percent of the
amount then due, whichever is greater, which shall accrue for
the benefit of the claimant and shall be paid to him with the
benefits which may be assessed under this title. The director
shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits within thirty days
upon the request of the claimant. Such an order shall conform
to the requirements of RCW 51.52.050. [1985 c 347 § 3;
1971 ex.s. c 289 § 66.]
51.48.017
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.020 Employer’s false reporting or failure to
secure payment of compensation—False information by
claimants—Unlawful actions—Penalties. (1)(a) Any
51.48.020
(2008 Ed.)
Penalties
employer, who knowingly misrepresents to the department
the amount of his or her payroll or employee hours upon
which the premium under this title is based, shall be liable to
the state for up to ten times the amount of the difference in
premiums paid and the amount the employer should have
paid and for the reasonable expenses of auditing his or her
books and collecting such sums. Such liability may be
enforced in the name of the department.
(b) An employer is guilty of a class C felony, if:
(i) The employer, with intent to evade determination and
payment of the correct amount of the premiums, knowingly
makes misrepresentations regarding payroll or employee
hours; or
(ii) The employer engages in employment covered under
this title and, with intent to evade determination and payment
of the correct amount of the premiums, knowingly fails to
secure payment of compensation under this title or knowingly fails to report the payroll or employee hours related to
that employment.
(c) Upon conviction under (b) of this subsection, the
employer shall be ordered by the court to pay the premium
due and owing, a penalty in the amount of one hundred percent of the premium due and owing, and interest on the premium and penalty from the time the premium was due until
the date of payment. The court shall:
(i) Collect the premium and interest and transmit it to the
department of labor and industries; and
(ii) Collect the penalty and disburse it pro rata as follows: One-third to the investigative agencies involved; onethird to the prosecuting authority; and one-third to the general
fund of the county in which the matter was prosecuted.
Payments collected under this subsection must be
applied until satisfaction of the obligation in the following
order: Premium payments; penalty; and interest.
(d) An employer found to have violated this subsection
shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055.
(2) Any person claiming benefits under this title, who
knowingly gives false information required in any claim or
application under this title shall be guilty of a felony, or gross
misdemeanor in accordance with the theft and anticipatory
provisions of Title 9A RCW. [2008 c 120 § 9; 1997 c 324 §
1; 1995 c 160 § 4; 1987 c 221 § 1; 1977 ex.s. c 323 § 22; 1971
ex.s. c 289 § 63; 1961 c 23 § 51.48.020. Prior: 1947 c 247 §
1(4d), part; Rem. Supp. 1947 § 7676d, part.]
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.025 Retaliation by employer prohibited—
Investigation—Remedies. (1) No employer may discharge
or in any manner discriminate against any employee because
such employee has filed or communicated to the employer an
intent to file a claim for compensation or exercises any rights
provided under this title. However, nothing in this section
prevents an employer from taking any action against a
worker for other reasons including, but not limited to, the
worker’s failure to observe health or safety standards adopted
51.48.025
(2008 Ed.)
51.48.040
by the employer, or the frequency or nature of the worker’s
job-related accidents.
(2) Any employee who believes that he or she has been
discharged or otherwise discriminated against by an
employer in violation of this section may file a complaint
with the director alleging discrimination within ninety days
of the date of the alleged violation. Upon receipt of such complaint, the director shall cause an investigation to be made as
the director deems appropriate. Within ninety days of the
receipt of a complaint filed under this section, the director
shall notify the complainant of his or her determination. If
upon such investigation, it is determined that this section has
been violated, the director shall bring an action in the superior court of the county in which the violation is alleged to
have occurred.
(3) If the director determines that this section has not
been violated, the employee may institute the action on his or
her own behalf.
(4) In any action brought under this section, the superior
court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the
employee with back pay. [1985 c 347 § 8.]
51.48.030 Failure to keep records and make reports.
Every employer who fails to keep and preserve the records
required by this title or fails to make the reports provided in
this title shall be subject to a penalty determined by the director but not to exceed two hundred fifty dollars or two hundred
percent of the quarterly tax for each such offense, whichever
is greater. Any employer who fails to keep and preserve the
records adequate to determine taxes due shall be forever
barred from questioning, in an appeal before the board of
industrial insurance appeals or the courts, the correctness of
any assessment by the department based on any period for
which such records have not been kept and preserved. [1986
c 9 § 8; 1985 c 347 § 4; 1982 c 63 § 21; 1971 ex.s. c 289 § 64;
1961 c 23 § 51.48.030. Prior: 1947 c 247 § 1(4d), part; Rem.
Supp. 1947 § 7676d, part.]
51.48.030
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.040 Inspection of employer’s records. (1) The
books, records and payrolls of the employer pertinent to the
administration of this title shall always be open to inspection
by the department or its traveling auditor, agent or assistant,
for the purpose of ascertaining the correctness of the payroll,
the persons employed, and such other information as may be
necessary for the department and its management under this
title.
(2) Refusal on the part of the employer to submit his or
her books, records and payrolls for such inspection to the
department, or any assistant presenting written authority
from the director, shall subject the offending employer to a
penalty determined by the director but not to exceed two hundred fifty dollars for each offense and the individual who personally gives such refusal is guilty of a misdemeanor.
(3) Any employer who fails to allow adequate inspection
in accordance with the requirements of this section is subject
51.48.040
[Title 51 RCW—page 79]
51.48.050
Title 51 RCW: Industrial Insurance
to having its certificate of coverage revoked by order of the
department and is forever barred from questioning in any
proceeding in front of the board of industrial insurance
appeals or any court, the correctness of any assessment by the
department based on any period for which such records have
not been produced for inspection. [2003 c 53 § 282; 1986 c 9
§ 9; 1985 c 347 § 5; 1961 c 23 § 51.48.040. Prior: 1911 c 74
§ 15, part; RRS § 7690, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
51.48.050 Liability for illegal collections for medical
aid. It shall be unlawful for any employer to directly or indirectly demand or collect from any of his or her workers any
sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured
workers, other than as specified in RCW 51.16.140, and any
employer who directly or indirectly violates the foregoing
provisions of this section shall be liable to the state for the
benefit of the medical aid fund in ten times the amount so
demanded or collected, and such employer and every officer,
agent, or servant of such employer knowingly participating
therein shall also be guilty of a misdemeanor. [1980 c 14 §
13. Prior: 1977 ex.s. c 350 § 70; 1977 ex.s. c 323 § 23; 1961
c 23 § 51.48.050; prior: 1917 c 28 § 17; RRS § 7726.]
51.48.050
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
otherwise impair other tax collection remedies afforded by
law.
(7) Collection authority and procedures prescribed in
this chapter apply to collections under this section. [2004 c
243 § 3.]
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
51.48.060 Physician or licensed advanced registered
nurse practitioner—Failure to report or comply. Any
physician or licensed advanced registered nurse practitioner
who fails, neglects or refuses to file a report with the director,
as required by this title, within five days of the date of treatment, showing the condition of the injured worker at the time
of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or
refuses to render all necessary assistance to the injured
worker, as required by this title, shall be subject to a civil penalty determined by the director but not to exceed two hundred
fifty dollars. [2004 c 65 § 14; 1985 c 347 § 6; 1977 ex.s. c
350 § 71; 1971 ex.s. c 289 § 20; 1961 c 23 § 51.48.060. Prior:
1927 c 310 § 6(e), part; 1921 c 182 § 7, part; 1911 c 74 § 12,
part; RRS § 7686(e), part.]
51.48.060
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.075 Information and training on premium liability. The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote
understanding of the premium liability that may be incurred
under this chapter. [2004 c 243 § 5.]
51.48.075
51.48.055 Termination, dissolution, or abandonment
of business—Personal liability for unpaid premiums. (1)
Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision
of payment and/or reporting of industrial insurance, or who is
charged with the responsibility for the filing of returns, is personally liable for any unpaid premiums and interest and penalties on those premiums if such officer or other person willfully fails to pay or to cause to be paid any premiums due the
department under chapter 51.16 RCW.
For purposes of this subsection "willfully fails to pay or
to cause to be paid" means that the failure was the result of an
intentional, conscious, and voluntary course of action.
(2) The officer, member, manager, or other person is liable only for premiums that became due during the period he
or she had the control, supervision, responsibility, or duty to
act for the corporation described in subsection (1) of this section, plus interest and penalties on those premiums.
(3) The officer, member, manager, or other person is not
liable if that person is not exempt from mandatory coverage
under RCW 51.12.020 and was directed not to pay the
employer’s premiums by someone who is exempt.
(4) The officer, member, manager, or other person is not
liable if all of the assets of the corporation or limited liability
company have been applied to its debts through bankruptcy
or receivership.
(5) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures
under RCW 51.48.131.
(6) This section does not relieve the corporation or limited liability company of its liabilities under Title 51 RCW or
51.48.055
[Title 51 RCW—page 80]
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
51.48.080 Violation of rules. Every person, firm or
corporation who violates or fails to obey, observe or comply
with any rule of the department promulgated under authority
of this title, shall be subject to a penalty of not to exceed five
hundred dollars. [1985 c 347 § 7; 1961 c 23 § 51.48.080.
Prior: 1915 c 188 § 8; RRS § 7704.]
51.48.080
51.48.090 Collection. Civil penalties to the state under
this title shall be collected by civil action in the name of the
state and paid into the accident fund unless a different fund is
designated. [1961 c 23 § 51.48.090. Prior: (i) 1947 c 247 §
1, part; Rem. Supp. 1947 § 7676d, part. (ii) 1911 c 74 § 15,
part; RRS § 7690, part. (iii) 1917 c 28 § 17, part; RRS § 7726,
part.]
51.48.090
51.48.100 Waiver—Penalty-free periods. (1) The
director may waive the whole or any part of any penalty
charged under this title.
(2) Until June 30, 1986: (a) The director may, at his or
her discretion, declare a penalty-free period of no more than
three months only for employers who have never previously
registered under RCW 51.16.110 for eligible employees
under Title 51 RCW; and (b) such employers may qualify
once for penalty-free status upon payment of up to one year’s
past due premium in full and satisfaction of the requirements
51.48.100
(2008 Ed.)
Penalties
of RCW 51.16.110. Such employers shall be subject to all
penalties for any subsequent failure to comply with the
requirements of this title. [1985 c 227 § 1; 1961 c 23 §
51.48.100. Prior: 1947 c 247 § 1, part; Rem. Supp. 1947 §
7676d, part.]
Effective date—1985 c 227: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 227 § 2.]
51.48.103 Engaging in business without certificate of
coverage—Unlawful actions—Penalties. (1) It is a gross
misdemeanor:
(a) For any employer to engage in business subject to
this title without having obtained a certificate of coverage as
provided for in this title;
(b) For the president, vice president, secretary, treasurer,
or other officer of any company to cause or permit the company to engage in business subject to this title without having
obtained a certificate of coverage as provided for in this title.
(2) It is a class C felony punishable according to chapter
9A.20 RCW:
(a) For any employer to engage in business subject to
this title after the employer’s certificate of coverage has been
revoked by order of the department;
(b) For the president, vice president, secretary, treasurer,
or other officer of any company to cause or permit the company to engage in business subject to this title after revocation of a certificate of coverage.
(3) An employer found to have violated this section
shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055. [2008 c 120 § 8; 2003 c 53 § 283;
1986 c 9 § 12.]
51.48.103
Conflict with federal requirements—Severability—2008 c 120: See
notes following RCW 18.27.030.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
51.48.105 Failure to apply for coverage of employees—Not applicable, when. The penalties provided under
this title for failure to apply for coverage for employees as
required by the provisions of Title 51 RCW, the worker’s
compensation law, shall not be applicable prior to March 1,
1972, as to any employer whose work first became subject to
this title on or after January 1, 1972. [1977 ex.s. c 350 § 73;
1972 ex.s. c 78 § 1.]
51.48.105
51.48.110 Decedent having no beneficiaries—Payment into supplemental pension fund. Where death results
from the injury or occupational disease and the deceased
leaves no beneficiaries, a self-insurer shall pay into the supplemental pension fund the sum of ten thousand dollars, less
an y amou nt th at the self -insu rer paid un der RCW
51.32.040(2) as payment due for the period of time before the
worker’s death. [1999 c 185 § 2; 1986 c 56 § 1; 1971 ex.s. c
289 § 65.]
51.48.110
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.48.120 Notice of assessment for default in payments by employer—Issuance—Service—Contents. If
51.48.120
(2008 Ed.)
51.48.140
any employer should default in any payment due to the state
fund the director or the director’s designee may issue a notice
of assessment certifying the amount due, which notice shall
be served upon the employer by mailing such notice to the
employer by certified mail to the employer’s last known
address or served in the manner prescribed for the service of
a summons in a civil action. Such notice shall contain the
information that an appeal must be filed with the board of
industrial insurance appeals and the director by mail or personally within thirty days of the date of service of the notice
of assessment in order to appeal the assessment unless a written request for reconsideration is filed with the department of
labor and industries. [1995 c 160 § 5; 1986 c 9 § 10; 1985 c
315 § 6; 1972 ex.s. c 43 § 32.]
51.48.131 Notice of assessment for default in payments by employer—Appeal. A notice of assessment
becomes final thirty days from the date the notice of assessment was served upon the employer unless: (1) A written
request for reconsideration is filed with the department of
labor and industries, or (2) an appeal is filed with the board of
industrial insurance appeals and sent to the director of labor
and industries by mail or delivered in person. The appeal
shall not be denied solely on the basis that it was not filed
with both the board and the director if it was filed with either
the board or the director. The appeal shall set forth with particularity the reason for the employer’s appeal and the
amounts, if any, that the employer admits are due.
The department, within thirty days after receiving a
notice of appeal, may modify, reverse, or change any notice
of assessment, or may hold any such notice of assessment in
abeyance pending further investigation, and the board shall
thereupon deny the appeal, without prejudice to the
employer’s right to appeal from any subsequent determinative notice of assessment issued by the department.
The burden of proof rests upon the employer in an appeal
to prove that the taxes and penalties assessed upon the
employer in the notice of assessment are incorrect. The
department shall promptly transmit its original record, or a
legible copy thereof, produced by mechanical, photographic,
or electronic means, in such matter to the board. RCW
51.52.080 through 51.52.106 govern appeals under this section. Further appeals taken from a final decision of the board
under this section are governed by the provisions relating to
judicial review of administrative decisions contained in RCW
34.05.510 through 34.05.598, and the department has the
same right of review from the board’s decisions as do
employers. [1989 c 175 § 120; 1987 c 316 § 3; 1985 c 315 §
7.]
51.48.131
Effective date—1989 c 175: See note following RCW 34.05.010.
51.48.140 Notice of assessment for employer’s
default in payments—When amount becomes final—
Warrant—Execution—Garnishment—Fees. If a notice of
appeal is not served on the director and the board of industrial
insurance appeals pursuant to RCW 51.48.131 within thirty
days from the date of service of the notice of assessment, or
if a final decision and order of the board of industrial insurance appeals in favor of the department is not appealed to
superior court in the manner specified in RCW 34.05.510
51.48.140
[Title 51 RCW—page 81]
51.48.150
Title 51 RCW: Industrial Insurance
through 34.05.598, or if a final decision of any court in favor
of the department is not appealed within the time allowed by
law, then the amount of the unappealed assessment, or such
amount of the assessment as is found due by the final decision and order of the board of industrial insurance appeals or
final decision of the court shall be deemed final and the director or the director’s designee may file with the clerk of any
county within the state a warrant in the amount of the notice
of assessment. The clerk of the county wherein the warrant is
filed shall immediately designate a superior court cause number for such warrant, and the clerk shall cause to be entered in
the judgment docket under the superior court cause number
assigned to the warrant, the name of such employer mentioned in the warrant, the amount of the taxes and penalties
due thereon, and the date when such warrant was filed. The
aggregate amount of such warrant as docketed shall become
a lien upon the title to, and interest in all real and personal
property of the employer against whom the warrant is issued,
the same as a judgment in a civil case duly docketed in the
office of such clerk. The sheriff shall thereupon proceed upon
the same in all respects and with like effect as prescribed by
law with respect to execution or other process issued against
rights or property upon judgment in the superior court. Such
warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the state in a manner
provided by law in case of judgment, wholly or partially
unsatisfied. The clerk of the court shall be entitled to a filing
fee under RCW 36.18.012(10), which shall be added to the
amount of the warrant. A copy of such warrant shall be
mailed to the employer within three days of filing with the
clerk. [2001 c 146 § 11; 1989 c 175 § 121; 1985 c 315 § 8;
1972 ex.s. c 43 § 34.]
Effective date—1989 c 175: See note following RCW 34.05.010.
51.48.150
51.48.150 Notice of assessment for employer’s
default in payments—Notice to withhold and deliver
property due employer. The director or the director’s designee is hereby authorized to issue to any person, firm, corporation, municipal corporation, political subdivision of the
state, a public corporation, or any agency of the state, a notice
and order to withhold and deliver property of any kind whatsoever when he or she has reason to believe that there is in the
possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or any agency of the state, property which is or shall
become due, owing, or belonging to any employer upon
whom a notice of assessment has been served by the department for payments due to the state fund. The effect of a notice
and order to withhold and deliver shall be continuous from
the date such notice and order to withhold and deliver is first
made until the liability out of which such notice and order to
withhold and deliver arose is satisfied or becomes unenforceable because of lapse of time. The department shall release
the notice and order to withhold and deliver when the liability
out of which the notice and order to withhold and deliver
arose is satisfied or becomes unenforceable by reason of
lapse of time and shall notify the person against whom the
notice and order to withhold and deliver was made that such
notice and order to withhold and deliver has been released.
[Title 51 RCW—page 82]
The notice and order to withhold and deliver shall be
served by the sheriff of the county or by the sheriff’s deputy,
by certified mail, return receipt requested, or by any duly
authorized representatives of the director. Any person, firm,
corporation, municipal corporation, political subdivision of
the state, public corporation or any agency of the state upon
whom service has been made is hereby required to answer the
notice within twenty days exclusive of the day of service,
under oath and in writing, and shall make true answers to the
matters inquired of in the notice and order to withhold and
deliver. In the event there is in the possession of the party
named and served with a notice and order to withhold and
deliver, any property which may be subject to the claim of the
department, such property shall be delivered forthwith to the
director or the director’s duly authorized representative upon
service of the notice to withhold and deliver which will be
held in trust by the director for application on the employer’s
indebtedness to the department, or for return without interest,
in accordance with a final determination of a petition for
review, or in the alternative such party shall furnish a good
and sufficient surety bond satisfactory to the director conditioned upon final determination of liability. Should any party
served and named in the notice to withhold and deliver fail to
make answer to such notice and order to withhold and
deliver, within the time prescribed herein, it shall be lawful
for the court, after the time to answer such order has expired,
to render judgment by default against the party named in the
notice to withhold and deliver for the full amount claimed by
the director in the notice to withhold and deliver together
with costs. In the event that a notice to withhold and deliver
is served upon an employer and the property found to be subject thereto is wages, then the employer shall be entitled to
assert in the answer to all exemptions provided for by chapter
6.27 RCW to which the wage earner may be entitled. [1995
c 160 § 6; 1987 c 442 § 1119; 1986 c 9 § 11; 1972 ex.s. c 43
§ 35.]
51.48.160
51.48.160 Revocation of certificate of coverage for
failure to pay warrants or taxes. If any warrant issued
under this title is not paid within thirty days after it has been
filed with the clerk of the superior court, or if any employer is
delinquent, for three consecutive reporting periods, in the
transmission to the department of taxes due, the department
may, by order issued under its official seal, revoke the certificate of coverage of the employer against whom the warrant
was issued; and if the order is entered, a copy thereof shall be
posted in a conspicuous place at the main entrance to the
employer’s place of business and shall remain posted until
such time as the warrant has been paid. Any certificate so
revoked shall not be reinstated, nor shall a new certificate of
coverage be issued to the employer, until the amount due on
the warrant has been paid, or provisions for payment satisfactory to the department have been entered, and until the taxpayer has deposited with the department such security for
payment of any taxes, increases, and penalties, due or which
may become due in an amount and under such terms and conditions as the department may require, but the amount of the
security shall not be greater than one-half the estimated average annual taxes of the employer. [1986 c 9 § 13.]
(2008 Ed.)
Penalties
51.48.170 Emergency assessment and collection of
taxes. If the director or the director’s designee has reason to
believe that an employer is insolvent or about to cease business, leave the state, or remove or dissipate assets out of
which taxes or penalties might be satisfied, and the collection
of any taxes accrued will be jeopardized by delaying collection, the director or the director’s designee may make an
immediate assessment thereof and may proceed to enforce
collection immediately under the terms of RCW 51.48.180
and 51.48.190, but interest and penalties shall not begin to
accrue upon any taxes until the date when such taxes would
normally have become delinquent. [1986 c 9 § 14.]
51.48.170
51.48.180 Emergency assessment and collection of
taxes—Distraint and sale of property. If the amount of
taxes, interest, or penalties assessed by the director or the
director’s designee by order and notice of assessment pursuant to RCW 51.48.170 is not paid within ten days after the
service or mailing of the order and notice of assessment, the
director or the director’s designee may collect the amount
stated in said assessment by the distraint, seizure, and sale of
the property, goods, chattels, and effects of the delinquent
employer. There shall be exempt from distraint and sale
under this section such goods and property as are exempt
from execution under the laws of this state. [1986 c 9 § 15.]
51.48.180
51.48.190 Emergency assessment and collection of
taxes—Conduct of sale. The director or the director’s designee, upon making a distraint pursuant to RCW 51.48.170
and 51.48.180, shall seize the property and shall make an
inventory of the property distrained, a copy of which shall be
mailed to the owner of such property or personally delivered
to the owner, and shall specify the time and place when the
property shall be sold. A notice specifying the property to be
sold and the time and place of sale shall be posted in at least
two public places in the county wherein the seizure has been
made. The time of sale shall be not less than twenty days
from the date of posting of such notices. The sale may be
adjourned from time to time at the discretion of the director
or the director’s designee, but not for a time to exceed in all
sixty days. No sale shall take place if an appeal is pending.
The sale shall be conducted by the director or the director’s
designee who shall proceed to sell such property by parcel or
by lot at a public auction, and who may set a minimum price
to include the expenses of making a levy and of advertising
the sale, and if the amount bid for such property at the sale is
not equal to the minimum price so fixed, the director or the
director’s designee may declare such property to be purchased by the department for such minimum price. In such
event the delinquent account shall be credited with the
amount for which the property has been sold. Property
acquired by the department as herein prescribed may be sold
by the director or the director’s designee at public or private
sale, and the amount realized shall be placed in the state of
Washington industrial insurance fund.
In all cases of sale, as aforesaid, the director or the director’s designee shall issue a bill of sale or a deed to the purchaser and the bill of sale or deed shall be prima facie evidence of the right of the director or the director’s designee to
make such sale and conclusive evidence of the regularity of
the proceeding in making the sale, and shall transfer to the
51.48.190
(2008 Ed.)
51.48.210
purchaser all right, title, and interest of the delinquent
employer in said property. The proceeds of any such sale,
except in those cases wherein the property has been acquired
by the department, shall be first applied by the director or the
director’s designee in satisfaction of the delinquent account,
and out of any sum received in excess of the amount of delinquent taxes, interest, and penalties the industrial insurance
fund shall be reimbursed for the costs of distraint and sale.
Any excess which shall thereafter remain in the hands of the
director or the director’s designee shall be refunded to the
delinquent employer. Sums so refundable to a delinquent
employer may be subject to seizure or distraint in the hands
of the director or the director’s designee by any other taxing
authority of the state or its political subdivisions. [1986 c 9 §
16.]
51.48.200 Search and seizure of property to satisfy
tax warrant or assessment—Issuance and execution of
search warrant. (1) When there is probable cause to believe
that there is property within this state not otherwise exempt
from process or execution in the possession or control of any
employer against whom a tax warrant issued under RCW
51.48.140 has been filed which remains unsatisfied, or an
assessment issued pursuant to RCW 51.48.170, any judge of
the superior court or district court in the county in which such
property is located may, upon the request of the sheriff or
agent of the department authorized to collect taxes, issue a
warrant directed to the officers commanding the search for
and seizure of the property described in the request for warrant.
(2) The procedure for the issuance, and execution and
return of the warrant authorized by this section and for return
of any property seized shall be the criminal rules of the superior court and the district court.
(3) The sheriff or agent of the department shall levy execution upon property seized under this section as provided in
RCW 51.48.220 and 51.48.230.
(4) This section does not require the application for or
issuance of any warrant not otherwise required by law. [1986
c 9 § 17.]
51.48.200
51.48.210 Delinquent taxes. If payment of any tax due
is not received by the department by the due date, there shall
be assessed a penalty of five percent of the amount of the tax
for the first month or part thereof of delinquency; there shall
be assessed a total penalty of ten percent of the amount of the
tax for the second month or part thereof of delinquency; and
there shall be assessed a total penalty of twenty percent of the
amount of the tax for the third month or part thereof of delinquency. No penalty so added may be less than ten dollars. If
a warrant is issued by the department for the collection of
taxes, increases, and penalties, there shall be added thereto a
penalty of five percent of the amount of the tax, but not less
than five dollars nor greater than one hundred dollars. In
addition, delinquent taxes shall bear interest at the rate of one
percent of the delinquent amount per month or fraction
thereof from and after the due date until payment, increases,
and penalties are received by the department. [1987 c 111 §
8; 1986 c 9 § 18.]
51.48.210
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
[Title 51 RCW—page 83]
51.48.220
Title 51 RCW: Industrial Insurance
51.48.220 Order of execution upon property—Procedure—Sale. The department may issue an order of execution, pursuant to a filed warrant, under its official seal
directed to the sheriff of the county in which the warrant has
been filed, commanding the sheriff to levy upon and sell the
real and/or personal property of the taxpayer found within the
county, or so much thereof as may be necessary, for the payment of the amount of the warrant, plus the cost of executing
the warrant, and return the warrant to the department and pay
to it the money collected by virtue thereof within sixty days
after the receipt of the warrant. The sheriff shall thereupon
proceed upon the same in all respects and with like effect as
prescribed by law with respect to execution or other process
issued against rights or property upon judgments of the superior court.
The sheriff shall be entitled to fees as provided by law
for services in levying execution on a superior court judgment and the clerk shall be entitled to a filing fee as provided
by law, which shall be added to the amount of the warrant.
The proceeds received from any sale shall be credited
upon the amount due under the warrant and when the final
amount due is received, together with interest, penalties, and
costs, the judgment docket shall show the claim for taxes to
be satisfied and the clerk of the court shall so note upon the
docket. Any surplus received from any sale of property shall
be paid to the taxpayer or to any lien holder entitled thereto.
If the return on the warrant shows that the same has not been
satisfied in full, the amount of the deficiency shall remain the
same as a judgment against the taxpayer which may be collected in the same manner as the original amount of the warrant. [1986 c 9 § 21.]
51.48.220
51.48.230 Order of execution upon property—
Enforcement. In the discretion of the department, an order
of execution of like terms, force, and effect may be issued
and directed to any agent of the department authorized to collect taxes, and in the execution thereof such agent shall have
all the powers conferred by law upon sheriffs, but shall not be
entitled to any fee or compensation in excess of the actual
expenses paid in the performance of such duty, which shall
be added to the amount of the warrant. [1986 c 9 § 22.]
51.48.230
51.48.240 Agents and employees of department not
personally liable—Conditions. When recovery is had in
any suit or proceeding against an officer, agent, or employee
of the department for any act done by that person or for the
recovery of any money exacted by or paid to that person and
by that person paid over to the department, in the performance of the person’s official duty, and the court certifies
that there was probable cause for the act done by such officer,
agent, or employee, or that he or she acted under the direction
of the department or an officer thereof, no execution shall
issue against such officer, agent, or employee, but the amount
so recovered shall, upon final judgment, be paid by the
department as an expense of operation. [1986 c 9 § 23.]
51.48.240
51.48.250 Liability of persons wilfully obtaining
erroneous payments—Civil penalties. (1) No person, firm,
corporation, partnership, association, agency, institution, or
other legal entity, but not including an industrially injured
recipient of health service, shall, on behalf of himself or oth51.48.250
[Title 51 RCW—page 84]
ers, obtain or attempt to obtain payments under this chapter in
a greater amount than that to which entitled by means of:
(a) A wilful false statement;
(b) Wilful misrepresentation, or by concealment of any
material facts; or
(c) Other fraudulent scheme or device, including, but not
limited to:
(i) Billing for services, drugs, supplies, or equipment that
were not furnished, of lower quality, or a substitution or misrepresentation of items billed; or
(ii) Repeated billing for purportedly covered items,
which were not in fact so covered.
(2) Any person, firm, corporation, partnership, association, agency, institution, or other legal entity knowingly violating any of the provisions of subsection (1) of this section
shall be liable for repayment of any excess payments
received, plus interest on the amount of the excess benefits or
payments at the rate of one percent each month for the period
from the date upon which payment was made to the date upon
which repayment is made to the state. Such person or other
entity shall further, in addition to any other penalties provided by law, be subject to civil penalties. The director of the
department of labor and industries may assess civil penalties
in an amount not to exceed the greater of one thousand dollars or three times the amount of such excess benefits or payments: PROVIDED, That these civil penalties shall not
apply to any acts or omissions occurring prior to April 1,
1986.
(3) A criminal action need not be brought against a person, firm, corporation, partnership, association, agency, institution, or other legal entity for that person or entity to be civilly liable under this section.
(4) Civil penalties shall be deposited in the general fund
upon their receipt. [1986 c 200 § 4.]
51.48.260 Liability of persons unintentionally obtaining erroneous payments. Any person, firm, corporation,
partnership, association, agency, institution, or other legal
entity, but not including an industrially injured recipient of
health services, that, without intent to violate this chapter,
obtains payments under Title 51 RCW to which such person
or entity is not entitled, shall be liable for: (1) Any excess
payments received; and (2) interest on the amount of excess
payments at the rate of one percent each month for the period
from the date upon which payment was made to the date upon
which repayment is made to the state. [1986 c 200 § 3.]
51.48.260
51.48.270 Criminal liability of persons making false
statements or concealing information. Any person, firm,
corporation, partnership, association, agency, institution, or
other legal entity, but not including an injured worker or beneficiary, that:
(1) Knowingly makes or causes to be made any false
statement or representation of a material fact in any application for any payment under this title; or
(2) At any time knowingly makes or causes to be made
any false statement or representation of a material fact for use
in determining rights to such payment, or knowingly falsifies,
conceals, or covers up by any trick, scheme, or device a material fact in connection with such application or payment; or
51.48.270
(2008 Ed.)
Appeals
(3) Having knowledge of the occurrence of any event
affecting (a) the initial or continued right to any payment, or
(b) the initial or continued right to any such payment of any
other individual in whose behalf he or she has applied for or
is receiving such payment, conceals or fails to disclose such
event with an intent fraudulently to secure such payment
either in a greater amount or quantity than is due or when no
such payment is authorized;
shall be guilty of a class C felony: PROVIDED, That the
fine, if imposed, shall not be in an amount more than twentyfive thousand dollars, except as authorized by RCW
9A.20.030. [1987 c 470 § 2; 1986 c 200 § 5.]
51.48.280 Kickbacks, bribes, and rebates—Representation fees—Criminal liability—Exceptions. (1) It is a
class C felony for any person, firm, corporation, partnership,
association, agency, institution, or other legal entity to solicit
or receive any remuneration (including any kickback, bribe,
or rebate) directly or indirectly, overtly or covertly, in cash or
in kind:
(a) In return for referring an individual to a person for the
furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part
under this chapter; or
(b) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any
goods, facility, service, or item for which payment may be
made in whole or in part under this chapter.
(2) It is a class C felony for any person, firm, corporation, partnership, association, agency, institution, or other
legal entity to offer or pay any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in kind to any person to induce such person:
(a) To refer an individual to a person for the furnishing or
arranging for the furnishing of any item or service for which
payment may be made, in whole or in part, under this chapter;
or
(b) To purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facility,
service, or item for which payment may be made in whole or
in part under this chapter.
(3) A health services provider who (a) provides a health
care service to a claimant, while acting as the claimant’s representative for the purpose of obtaining authorization for the
services, and (b) charges a percentage of the claimant’s benefits or other fee for acting as the claimant’s representative
under this title is guilty of a gross misdemeanor.
(4) Any fine imposed as a result of a violation of subsection (1), (2), or (3) of this section shall not be in an amount
more than twenty-five thousand dollars, except as authorized
by RCW 9A.20.030.
(5) Subsections (1) and (2) of this section shall not apply
to:
(a) A discount or other reduction in price obtained by a
provider of services or other entity under this chapter if the
reduction in price is properly disclosed and appropriately
reflected in the costs claimed or charges made by the provider
or entity under this chapter; and
(b) Any amount paid by an employer to an employee
(who has a bona fide employment relationship with such
51.48.280
(2008 Ed.)
51.52.010
employer) for employment in the provision of covered items
or services.
(6) Subsections (1) and (2) of this section, if applicable
to the conduct involved, shall supersede the criminal provisions of chapter 19.68 RCW, but shall not preclude administrative proceedings authorized by chapter 19.68 RCW. [2003
c 53 § 284; 1997 c 336 § 1; 1986 c 200 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
51.48.290 Written verification by health services
providers. The director of the department of labor and
industries may by rule require that any application, statement,
or form filled out by any health services provider under this
title shall contain or be verified by a written statement that it
is made under the penalties of perjury and such declaration
shall be in lieu of any oath otherwise required, and each such
paper shall in such event so state. The making or subscribing
of any such papers or forms containing any false or misleading information may be prosecuted and punished under chapter 9A.72 RCW. [1986 c 200 § 7.]
51.48.290
Chapter 51.52
Chapter 51.52 RCW
APPEALS
Sections
51.52.010
51.52.020
51.52.030
51.52.040
51.52.050
51.52.060
51.52.070
51.52.075
51.52.080
51.52.090
51.52.095
51.52.100
51.52.102
51.52.104
51.52.106
51.52.110
51.52.112
51.52.113
51.52.115
51.52.120
51.52.130
51.52.132
51.52.135
51.52.140
51.52.150
51.52.160
51.52.200
51.52.800
Board of industrial insurance appeals.
Board—Rule-making power.
Board—Expenses.
Board—Removal of member.
Service of departmental action—Demand for repayment—
Orders amending benefits—Reconsideration or appeal.
Notice of appeal—Time—Cross-appeal—Departmental
options.
Contents of notice—Transmittal of record.
Appeal from order terminating provider’s authority to provide
services—Department petition for order immediately suspending provider’s eligibility to participate.
Appeal to board denied, when.
Appeal to board deemed granted, when.
Conference for disposal of matters involved in appeal—Mediation of disputes.
Proceedings before board—Contempt.
Hearing the appeal—Dismissal—Evidence—Continuances.
Industrial appeals judge—Recommended decision and
order—Petition for review—Finality of order.
Review of decision and order.
Court appeal—Taking the appeal.
Court appeal—Payment of taxes, penalties, and interest
required.
Collection of tax or penalty may not be enjoined.
Court appeal—Procedure at trial—Burden of proof.
Attorney’s fee before department or board—Unlawful attorney’s fees.
Attorney and witness fees in court appeal.
Unlawful attorney’s fees.
Worker or beneficiary entitled to interest on award—Rate.
Rules of practice—Duties of attorney general—Supreme court
appeal.
Costs on appeals.
Publication and indexing of significant decisions.
Exception—Employers as parties to actions relating to compensation or assistance for victims of crimes.
Workers’ compensation study.
51.52.010 Board of industrial insurance appeals.
There shall be a "board of industrial insurance appeals," hereinafter called the "board," consisting of three members
appointed by the governor, with the advice and consent of the
senate, as hereinafter provided. One shall be a representative
51.52.010
[Title 51 RCW—page 85]
51.52.020
Title 51 RCW: Industrial Insurance
of the public and a lawyer, appointed from a mutually agreed
to list of not less than three active or judicial members of the
Washington state bar association, submitted to the governor
by the two organizations defined below, and such member
shall be the chairperson of said board. The second member
shall be a representative of the majority of workers engaged
in employment under this title and selected from a list of not
less than three names submitted to the governor by an organization, statewide in scope, which through its affiliates
embraces a cross section and a majority of the organized
labor of the state. The third member shall be a representative
of employers under this title, and appointed from a list of at
least three names submitted to the governor by a recognized
statewide organization of employers, representing a majority
of employers. The initial terms of office of the members of
the board shall be for six, four, and two years respectively.
Thereafter all terms shall be for a period of six years. Each
member of the board shall be eligible for reappointment and
shall hold office until his or her successor is appointed and
qualified. In the event of a vacancy the governor is authorized to appoint a successor to fill the unexpired term of his or
her predecessor. All appointments to the board shall be made
in conformity with the foregoing plan. In the event a board
member becomes incapacitated in excess of thirty days either
due to his or her illness or that of an immediate family member as determined by a request for family leave or as certified
by the affected member’s treating physician or licensed
advanced registered nurse practitioner, the governor shall
appoint an acting member to serve pro tem. Such an appointment shall be made in conformity with the foregoing plan,
except that the list of candidates shall be submitted to the
governor not more than fifteen days after the affected organizations are notified of the incapacity and the governor shall
make the appointment within fifteen days after the list is submitted. The temporary member shall serve until such time as
the affected member is able to reassume his or her duties by
returning from requested family leave or as determined by
the treating physician or licensed advanced registered nurse
practitioner or until the affected member’s term expires,
whichever occurs first. Whenever the workload of the board
and its orderly and expeditious disposition shall necessitate,
the governor may appoint two additional pro-tem members in
addition to the regular members. Such appointments shall be
for a definite period of time, and shall be made from lists submitted respectively by labor and industry as in the case of
regular members. One pro-tem member shall be a representative of labor and one shall be a representative of industry.
Members shall devote their entire time to the duties of the
board and shall receive for their services a salary as fixed by
the governor in accordance with the provisions of RCW
43.03.040 which shall be in addition to travel expenses in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. Headquarters for the board
shall be located in Olympia. The board shall adopt a seal
which shall be judicially recognized. [2004 c 65 § 15; 2003 c
224 § 1; 1999 c 149 § 1; 1981 c 338 § 10; 1977 ex.s. c 350 §
74; 1975-’76 2nd ex.s. c 34 § 151; 1971 ex.s. c 289 § 68;
1965 ex.s. c 165 § 3; 1961 c 307 § 8; 1961 c 23 § 51.52.010.
Prior: 1951 c 225 § 1; prior: 1949 c 219 § 2; Rem. Supp.
1949 § 10837-1.]
[Title 51 RCW—page 86]
Report to legislature—Effective date—Severability—2004 c 65: See
notes following RCW 51.04.030.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.020 Board—Rule-making power. The board
may make rules and regulations concerning its functions and
procedure, which shall have the force and effect of law until
altered, repealed, or set aside by the board: PROVIDED,
That the board may not delegate to any other person its duties
of interpreting the testimony and making the final decision
and order on appeal cases. All rules and regulations adopted
by the board shall be printed and copies thereof shall be
readily available to the public. [1961 c 23 § 51.52.020. Prior:
1951 c 225 § 2; prior: 1949 c 219 § 3, part; Rem. Supp. 1949
§ 10837-2, part.]
51.52.020
51.52.030 Board—Expenses. The board may incur
such expenses as are reasonably necessary to carry out its
duties hereunder, which expenses shall be paid, one-half
from the accident fund and one-half from the medical aid
fund upon vouchers approved by the board. [1961 c 23 §
51.52.030. Prior: 1951 c 225 § 3; prior: 1949 c 219 § 3, part;
Rem. Supp. 1949 § 10837-2, part.]
51.52.030
51.52.040 Board—Removal of member. Any member
of the board may be removed for inefficiency, malfeasance or
misfeasance in office, upon specific written charges filed by
the governor, who shall transmit the original of such written
charges to the chief justice of the supreme court and a copy
thereof to the member accused. The chief justice shall thereupon designate a special tribunal composed of three judges of
the superior court to hear and adjudicate the charges. Such
tribunal shall fix the time, place and procedure for the hearing, and the hearing shall be public. The decision of such tribunal shall be final and not subject to review. [1961 c 23 §
51.52.040. Prior: 1951 c 225 § 4; prior: 1949 c 219 § 4; Rem.
Supp. 1949 § 10837-3.]
51.52.040
51.52.050 Service of departmental action—Demand
for repayment—Orders amending benefits—Reconsideration or appeal. (1) Whenever the department has made any
order, decision, or award, it shall promptly serve the worker,
beneficiary, employer, or other person affected thereby, with
a copy thereof by mail, which shall be addressed to such person at his or her last known address as shown by the records
of the department. The copy, in case the same is a final order,
decision, or award, shall bear on the same side of the same
page on which is found the amount of the award, a statement,
set in black faced type of at least ten point body or size, that
such final order, decision, or award shall become final within
sixty days from the date the order is communicated to the parties unless a written request for reconsideration is filed with
the department of labor and industries, Olympia, or an appeal
is filed with the board of industrial insurance appeals, Olympia. However, a department order or decision making
demand, whether with or without penalty, for repayment of
sums paid to a provider of medical, dental, vocational, or
other health services rendered to an industrially injured
51.52.050
(2008 Ed.)
Appeals
worker, shall state that such order or decision shall become
final within twenty days from the date the order or decision is
communicated to the parties unless a written request for
reconsideration is filed with the department of labor and
industries, Olympia, or an appeal is filed with the board of
industrial insurance appeals, Olympia.
(2)(a) Whenever the department has taken any action or
made any decision relating to any phase of the administration
of this title the worker, beneficiary, employer, or other person
aggrieved thereby may request reconsideration of the department, or may appeal to the board. In an appeal before the
board, the appellant shall have the burden of proceeding with
the evidence to establish a prima facie case for the relief
sought in such appeal.
(b) An order by the department awarding benefits shall
become effective and benefits due on the date issued. Subject
to (b)(i) and (ii) of this subsection, if the department order is
appealed the order shall not be stayed pending a final decision on the merits unless ordered by the board. Upon issuance of the order granting the appeal, the board will provide
the worker with notice concerning the potential of an overpayment of benefits paid pending the outcome of the appeal
and the requirements for interest on unpaid benefits pursuant
to RCW 51.52.135. A worker may request that benefits cease
pending appeal at any time following the employer’s motion
for stay or the board’s order granting appeal. The request
must be submitted in writing to the employer, the board, and
the department. Any employer may move for a stay of the
order on appeal, in whole or in part. The motion must be filed
within fifteen days of the order granting appeal. The board
shall conduct an expedited review of the claim file provided
by the department as it existed on the date of the department
order. The board shall issue a final decision within twentyfive days of the filing of the motion for stay or the order
granting appeal, whichever is later. The board’s final decision may be appealed to superior court in accordance with
RCW 51.52.110. The board shall grant a motion to stay if the
moving party demonstrates that it is more likely than not to
prevail on the facts as they existed at the time of the order on
appeal. The board shall not consider the likelihood of
recoupment of benefits as a basis to grant or deny a motion to
stay. If a self-insured employer prevails on the merits, any
benefits paid may be recouped pursuant to RCW 51.32.240.
(i) If upon reconsideration requested by a worker or
medical provider, the department has ordered an increase in a
permanent partial disability award from the amount reflected
in an earlier order, the award reflected in the earlier order
shall not be stayed pending a final decision on the merits.
However, the increase is stayed without further action by the
board pending a final decision on the merits.
(ii) If any party appeals an order establishing a worker’s
wages or the compensation rate at which a worker will be
paid temporary or permanent total disability or loss of earning power benefits, the worker shall receive payment pending
a final decision on the merits based on the following:
(A) When the employer is self-insured, the wage calculation or compensation rate the employer most recently submitted to the department; or
(B) When the employer is insured through the state fund,
the highest wage amount or compensation rate uncontested
by the parties.
(2008 Ed.)
51.52.060
Payment of benefits or consideration of wages at a rate
that is higher than that specified in (b)(ii)(A) or (B) of this
subsection is stayed without further action by the board pending a final decision on the merits.
(c) In an appeal from an order of the department that
alleges willful misrepresentation, the department or selfinsured employer shall initially introduce all evidence in its
case in chief. Any such person aggrieved by the decision and
order of the board may thereafter appeal to the superior court,
as prescribed in this chapter. [2008 c 280 § 1; 2004 c 243 §
8; 1987 c 151 § 1; 1986 c 200 § 10; 1985 c 315 § 9; 1982 c
109 § 4; 1977 ex.s. c 350 § 75; 1975 1st ex.s. c 58 § 1; 1961
c 23 § 51.52.050. Prior: 1957 c 70 § 55; 1951 c 225 § 5;
prior: (i) 1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939 c 41
§ 1, part; 1937 c 211 § 1, part; 1927 c 310 § 1, part; 1921 c
182 § 1, part; 1919 c 131 § 1, part; 1911 c 74 § 2, part; Rem.
Supp. 1947 § 7674, part. (ii) 1947 c 247 § 1, part; 1911 c 74
§ 20, part; Rem. Supp. 1947 § 7676e, part. (iii) 1949 c 219 §
6, part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132
§ 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem.
Supp. 1949 § 7697, part. (iv) 1923 c 136 § 7, part; 1921 c 182
§ 10, part; 1917 c 29 § 3, part; RRS § 7712, part. (v) 1917 c
29 § 11; RRS § 7720. (vi) 1939 c 50 § 1, part; 1927 c 310 §
9, part; 1921 c 182 § 12, part; 1919 c 129 § 5, part; 1917 c 28
§ 15, part; RRS § 7724, part.]
Application—2008 c 280: "This act applies to orders issued on or after
June 12, 2008." [2008 c 280 § 7.]
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
51.52.060 Notice of appeal—Time—Cross-appeal—
Departmental options. (1)(a) Except as otherwise specifically provided in this section, a worker, beneficiary,
employer, health services provider, or other person aggrieved
by an order, decision, or award of the department must,
before he or she appeals to the courts, file with the board and
the director, by mail or personally, within sixty days from the
day on which a copy of the order, decision, or award was
communicated to such person, a notice of appeal to the board.
However, a health services provider or other person
aggrieved by a department order or decision making demand,
whether with or without penalty, solely for repayment of
sums paid to a provider of medical, dental, vocational, or
other health services rendered to an industrially injured
worker must, before he or she appeals to the courts, file with
the board and the director, by mail or personally, within
twenty days from the day on which a copy of the order or
decision was communicated to the health services provider
upon whom the department order or decision was served, a
notice of appeal to the board.
(b) Failure to file a notice of appeal with both the board
and the department shall not be grounds for denying the
appeal if the notice of appeal is filed with either the board or
the department.
(2) Within ten days of the date on which an appeal has
been granted by the board, the board shall notify the other
interested parties to the appeal of the receipt of the appeal and
shall forward a copy of the notice of appeal to the other interested parties. Within twenty days of the receipt of such notice
of the board, the worker or the employer may file with the
board a cross-appeal from the order of the department from
which the original appeal was taken.
51.52.060
[Title 51 RCW—page 87]
51.52.070
Title 51 RCW: Industrial Insurance
(3) If within the time limited for filing a notice of appeal
to the board from an order, decision, or award of the department, the department directs the submission of further evidence or the investigation of any further fact, the time for filing the notice of appeal shall not commence to run until the
person has been advised in writing of the final decision of the
department in the matter. In the event the department directs
the submission of further evidence or the investigation of any
further fact, as provided in this section, the department shall
render a final order, decision, or award within ninety days
from the date further submission of evidence or investigation
of further fact is ordered which time period may be extended
by the department for good cause stated in writing to all interested parties for an additional ninety days.
(4) The department, either within the time limited for
appeal, or within thirty days after receiving a notice of
appeal, may:
(a) Modify, reverse, or change any order, decision, or
award; or
(b)(i) Except as provided in (b)(ii) of this subsection,
hold an order, decision, or award in abeyance for a period of
ninety days which time period may be extended by the
department for good cause stated in writing to all interested
parties for an additional ninety days pending further investigation in light of the allegations of the notice of appeal; or
(ii) Hold an order, decision, or award issued under RCW
51.32.160 in abeyance for a period not to exceed ninety days
from the date of receipt of an application under RCW
51.32.160. The department may extend the ninety-day time
period for an additional sixty days for good cause.
For purposes of this subsection, good cause includes
delay that results from conduct of the claimant that is subject
to sanction under RCW 51.32.110.
The board shall deny the appeal upon the issuance of an
order under (b)(i) or (ii) of this subsection holding an earlier
order, decision, or award in abeyance, without prejudice to
the appellant’s right to appeal from any subsequent determinative order issued by the department.
This subsection (4)(b) does not apply to applications
deemed granted under RCW 51.32.160.
(5) An employer shall have the right to appeal an application deemed granted under RCW 51.32.160 on the same
basis as any other application adjudicated pursuant to that
section.
(6) A provision of this section shall not be deemed to
change, alter, or modify the practice or procedure of the
department for the payment of awards pending appeal. [1995
c 253 § 1; 1995 c 199 § 7; 1986 c 200 § 11; 1977 ex.s. c 350
§ 76; 1975 1st ex.s. c 58 § 2; 1963 c 148 § 1; 1961 c 274 § 8;
1961 c 23 § 51.52.060. Prior: 1957 c 70 § 56; 1951 c 225 §
6; prior: 1949 c 219 §§ 1, part, 6, part; 1947 c 246 § 1, part;
1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 §§ 2,
part, 6, part; 1927 c 310 §§ 4, part, 8, part; 1923 c 136 § 2,
part; 1919 c 134 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 §§ 5, part, 20, part; Rem Supp. 1949 §§ 7679,
part, 7697, part.]
Reviser’s note: This section was amended by 1995 c 199 § 7 and by
1995 c 253 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1995 c 199: See note following RCW 51.12.120.
[Title 51 RCW—page 88]
51.52.070 Contents of notice—Transmittal of record.
The notice of appeal to the board shall set forth in full detail
the grounds upon which the person appealing considers such
order, decision, or award is unjust or unlawful, and shall
include every issue to be considered by the board, and it must
contain a detailed statement of facts upon which such worker,
beneficiary, employer, or other person relies in support
thereof. The worker, beneficiary, employer, or other person
shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken
other than those specifically set forth in such notice of appeal
or appearing in the records of the department. The department shall promptly transmit its original record, or a legible
copy thereof produced by mechanical, photographic, or electronic means, in such matter to the board. [1977 ex.s. c 350 §
77; 1975 1st ex.s. c 224 § 18; 1975 1st ex.s. c 58 § 3; 1961 c
23 § 51.52.070. Prior: 1957 c 70 § 57; 1951 c 225 § 7; prior:
1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1, part;
1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20,
part; Rem. Supp. 1949 § 7697, part.]
51.52.070
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.52.075 Appeal from order terminating provider’s
authority to provide services—Department petition for
order immediately suspending provider’s eligibility to
participate. When a provider files with the board an appeal
from an order terminating the provider’s authority to provide
services related to the treatment of industrially injured workers, the department may petition the board for an order immediately suspending the provider’s eligibility to participate as
a provider of services to industrially injured workers under
this title pending the final disposition of the appeal by the
board. The board shall grant the petition if it determines that
there is good cause to believe that workers covered under this
title may suffer serious physical or mental harm if the petition
is not granted. The board shall expedite the hearing of the
department’s petition under this section. [2004 c 259 § 1.]
51.52.075
51.52.080 Appeal to board denied, when. If the notice
of appeal raises no issue or issues of fact and the board finds
that the department properly and lawfully decided all matters
raised by such appeal it may, without further hearing, deny
the same and confirm the department’s decision or award, or
if the department’s record sustains the contention of the person appealing to the board, it may, without further hearing,
allow the relief asked in such appeal; otherwise, it shall grant
the appeal. [1971 ex.s. c 289 § 69; 1963 c 148 § 2; 1961 c 23
§ 51.52.080. Prior: 1957 c 70 § 58; 1951 c 225 § 8; prior:
1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1, part;
1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20,
part; Rem. Supp. 1949 § 7697, part.]
51.52.080
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.090 Appeal to board deemed granted, when. If
the appeal is not denied within thirty days after the notice is
filed with the board, the appeal shall be deemed to have been
granted: PROVIDED, That the board may extend the time
within which it may act upon such appeal, not exceeding
thirty days. [1971 ex.s. c 289 § 70; 1961 c 23 § 51.52.090.
51.52.090
(2008 Ed.)
Appeals
Prior: 1957 c 70 § 59; 1951 c 225 § 9; prior: 1949 c 219 § 6,
part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6,
part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp.
1949 § 7697, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.095 Conference for disposal of matters
involved in appeal—Mediation of disputes. (1) The board,
upon request of the worker, beneficiary, or employer, or upon
its own motion, may direct all parties interested in an appeal,
together with their attorneys, if any, to appear before it, a
member of the board, or an authorized industrial appeals
judge, for a conference for the purpose of determining the
feasibility of settlement, the simplification of issues of law
and fact, the necessity of amendments to the notice of appeal
or other pleadings, the possibility of obtaining admissions of
fact and of documents which will avoid unnecessary proof,
the limitation of the number of expert witnesses, and such
other matters as may aid in the disposition of the appeal. Such
conference may be held prior to the hearing, or it may be held
during the hearing, at the discretion of the board member or
industrial appeals judge conducting the same, in which case
the hearing will be recessed for such conference. Following
the conference, the board member or industrial appeals judge
conducting the same, shall state on the record the results of
such conference, and the parties present or their representatives shall state their concurrence on the record. Such agreement as stated on the record shall control the subsequent
course of the proceedings, unless modified at a subsequent
hearing to prevent manifest injustice. If agreement concerning final disposition of the appeal is reached by the parties
present at the conference, or by the employer and worker or
beneficiary, the board may enter a final decision and order in
accordance therewith, providing the board finds such agreement is in conformity with the law and the facts.
(2) In order to carry out subsection (1) of this section, the
board shall develop expertise to mediate disputes informally.
Where possible, industrial appeals judges with a demonstrated history of successfully resolving disputes or who have
received training in dispute resolution techniques shall be
appointed to perform mediation functions. No industrial
appeals judge who mediates in a particular appeal may, without the consent of the parties, participate in writing the proposed decision and order in the appeal: PROVIDED, That
this shall not prevent an industrial appeals judge from issuing
a proposed decision and order responsive to a motion for
summary disposition or similar motion. This section shall not
operate to prevent the board from developing additional
methods and procedures to encourage resolution of disputes
by agreement or otherwise making efforts to reduce adjudication time. [1986 c 10 § 1; 1985 c 209 § 2; 1982 c 109 § 7;
1977 ex.s. c 350 § 78; 1963 c 148 § 3; 1963 c 6 § 1; 1961 c 23
§ 51.52.095. Prior: 1951 c 225 § 10.]
51.52.095
51.52.100 Proceedings before board—Contempt.
Hearings shall be held in the county of the residence of the
worker or beneficiary, or in the county where the injury
occurred, at a place designated by the board. Such hearing
shall be de novo and summary, but no witness’ testimony
shall be received unless he or she shall first have been sworn
51.52.100
(2008 Ed.)
51.52.102
to testify the truth, the whole truth and nothing but the truth in
the matter being heard, or unless his or her testimony shall
have been taken by deposition according to the statutes and
rules relating to superior courts of this state. The department
shall be entitled to appear in all proceedings before the board
and introduce testimony in support of its order. The board
shall cause all oral testimony to be stenographically reported
and thereafter transcribed, and when transcribed, the same,
with all depositions, shall be filed in, and remain a part of, the
record on the appeal. Such hearings on appeal to the board
may be conducted by one or more of its members, or a duly
authorized industrial appeals judge, and depositions may be
taken by a person duly commissioned for the purpose by the
board.
Members of the board, its duly authorized industrial
appeals judges, and all persons duly commissioned by it for
the purpose of taking depositions, shall have power to administer oaths; to preserve and enforce order during such hearings; to issue subpoenas for, and to compel the attendance
and testimony of, witnesses, or the production of books,
papers, documents, and other evidence, or the taking of depositions before any designated individual competent to
administer oaths, and it shall be their duty so to do to examine
witnesses; and to do all things conformable to law which may
be necessary to enable them, or any of them, effectively to
discharge the duties of his or her office.
If any person in proceedings before the board disobeys
or resists any lawful order or process, or misbehaves during a
hearing or so near the place thereof as to obstruct the same, or
neglects to produce, after having been ordered so to do, any
pertinent book, paper or document, or refuses to appear after
having been subpoenaed, or upon appearing refuses to take
oath as a witness, or after having the oath refuses to be examined according to law, the board or any member or duly
authorized industrial appeals judge may certify the facts to
the superior court having jurisdiction in the place in which
said board or member or industrial appeals judge is sitting;
the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and, if the evidence so
warrants, punish such person in the same manner and to the
same extent as for a contempt committed before the court, or
commit such person upon the same conditions as if the doing
of the forbidden act had occurred with reference to the proceedings, or in the presence, of the court. [1982 c 109 § 8;
1977 ex.s. c 350 § 79; 1963 c 148 § 4; 1961 c 23 § 51.52.100.
Prior: 1957 c 70 § 60; 1951 c 225 § 11; prior: 1949 c 219 §
6, part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132
§ 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem.
Supp. 1949 § 7697, part.]
51.52.102 Hearing the appeal—Dismissal—Evidence—Continuances. At the time and place fixed for hearing each party shall present all his evidence with respect to
the issues raised in the notice of appeal, and if any party fails
so to do, the board may determine the issues upon such evidence as may be presented to it at said hearing, or if an
appealing party who has the burden of going forward with the
evidence fails to present any evidence, the board may dismiss
the appeal: PROVIDED, That for good cause shown in the
record to prevent hardship, the board may grant continuances
upon application of any party, but such continuances, when
51.52.102
[Title 51 RCW—page 89]
51.52.104
Title 51 RCW: Industrial Insurance
granted, shall be to a time and place certain within the county
where the initial hearing was held unless it shall appear that a
continuance elsewhere is required in justice to interested parties: AND PROVIDED FURTHER, That the board may continue hearings on its own motion to secure in an impartial
manner such evidence, in addition to that presented by the
parties, as the board, in its opinion, deems necessary to
decide the appeal fairly and equitably, but such additional
evidence shall be received subject to any objection as to its
admissibility, and, if admitted in evidence all parties shall be
given full opportunity for cross-examination and to present
rebuttal evidence. [1963 c 148 § 5; 1961 c 23 § 51.52.102.
Prior: 1951 c 225 § 12.]
51.52.104 Industrial appeals judge—Recommended
decision and order—Petition for review—Finality of
order. After all evidence has been presented at hearings conducted by an industrial appeals judge, who shall be an active
or judicial member of the Washington state bar association,
the industrial appeals judge shall enter a proposed or recommended decision and order which shall be in writing and shall
contain findings and conclusions as to each contested issue of
fact and law, as well as the order based thereon. The industrial appeals judge shall file the signed original of the proposed decision and order with the board, and copies thereof
shall be mailed by the board to each party to the appeal and to
each party’s attorney or representative of record. Within
twenty days, or such further time as the board may allow on
written application of a party, filed within said twenty days
from the date of communication of the proposed decision and
order to the parties or their attorneys or representatives of
record, any party may file with the board a written petition for
review of the same. Filing of a petition for review is perfected by mailing or personally delivering the petition to the
board’s offices in Olympia. Such petition for review shall set
forth in detail the grounds therefor and the party or parties filing the same shall be deemed to have waived all objections or
irregularities not specifically set forth therein.
In the event no petition for review is filed as provided
herein by any party, the proposed decision and order of the
industrial appeals judge shall be adopted by the board and
become the decision and order of the board, and no appeal
may be taken therefrom to the courts. If an order adopting the
proposed decision and order is not formally signed by the
board on the day following the date the petition for review of
the proposed decision and order is due, said proposed decision and order shall be deemed adopted by the board and
become the decision and order of the board, and no appeal
may be taken therefrom to the courts. [2003 c 224 § 2; 1985
c 314 § 1; 1982 c 109 § 5; 1971 ex.s. c 289 § 22; 1963 c 148
§ 6.]
51.52.104
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.106 Review of decision and order. After the filing of a petition or petitions for review as provided for in
RCW 51.52.104, the proposed decision and order of the
industrial appeals judge, petition or petitions for review and,
in its discretion, the record or any part thereof, may be considered by the board and on agreement of at least two of the
regular members thereof, the board may, within twenty days
51.52.106
[Title 51 RCW—page 90]
after the receipt of such petition or petitions, decline to
review the proposed decision and order and thereupon deny
the petition or petitions. In such event all parties shall forthwith be notified in writing of said denial: PROVIDED, That
if a petition for review is not denied within said twenty days
it shall be deemed to have been granted. If the petition for
review is granted, the proposed decision and order, the petition or petitions for review and the record or any part thereof
deemed necessary shall be considered by a panel of at least
two of the members of the board, on which not more than one
industry and one labor member serve. The chairman may be
a member of any panel. The decision and order of any such
panel shall be the decision and order of the board. Every final
decision and order rendered by the board shall be in writing
and shall contain findings and conclusions as to each contested issue of fact and law, as well as the board’s order based
thereon. The board shall, in all cases, render a final decision
and order within one hundred and eighty days from the date a
petition for review is filed. A copy of the decision and order,
including the findings and conclusions, shall be mailed to
each party to the appeal and to his attorney of record. [1982
c 109 § 9; 1975 1st ex.s. c 58 § 4; 1971 ex.s. c 289 § 23; 1965
ex.s. c 165 § 4; 1963 c 148 § 7; 1961 c 23 § 51.52.106. Prior:
1951 c 225 § 13.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.52.110 Court appeal—Taking the appeal. Within
thirty days after a decision of the board to deny the petition or
petitions for review upon such appeal has been communicated to such worker, beneficiary, employer or other person,
or within thirty days after the final decision and order of the
board upon such appeal has been communicated to such
worker, beneficiary, employer or other person, or within
thirty days after the appeal is denied as herein provided, such
worker, beneficiary, employer or other person aggrieved by
the decision and order of the board may appeal to the superior
court. If such worker, beneficiary, employer, or other person
fails to file with the superior court its appeal as provided in
this section within said thirty days, the decision of the board
to deny the petition or petitions for review or the final decision and order of the board shall become final.
In cases involving injured workers, an appeal to the
superior court shall be to the superior court of the county of
residence of the worker or beneficiary, as shown by the
department’s records, or to the superior court of the county
wherein the injury occurred or where neither the county of
residence nor the county wherein the injury occurred are in
the state of Washington then the appeal may be directed to
the superior court for Thurston county. In all other cases the
appeal shall be to the superior court of Thurston county. Such
appeal shall be perfected by filing with the clerk of the court
a notice of appeal and by serving a copy thereof by mail, or
personally, on the director and on the board. If the case is one
involving a self-insurer, a copy of the notice of appeal shall
also be served by mail, or personally, on such self-insurer.
The department shall, in all cases not involving a self-insurer,
within twenty days after the receipt of such notice of appeal,
serve and file its notice of appearance and such appeal shall
thereupon be deemed at issue. If the case is one involving a
self-insurer, such self-insurer shall, within twenty days after
51.52.110
(2008 Ed.)
Appeals
receipt of such notice of appeal, serve and file its notice of
appearance and such appeal shall thereupon be deemed to be
at issue. In such cases the department may appear and take
part in any proceedings. The board shall serve upon the
appealing party, the director, the self-insurer if the case
involves a self-insurer, and any other party appearing at the
board’s proceeding, and file with the clerk of the court before
trial, a certified copy of the board’s official record which
shall include the notice of appeal and other pleadings, testimony and exhibits, and the board’s decision and order, which
shall become the record in such case. No bond shall be
required on appeals to the superior court or on review by the
supreme court or the court of appeals, except that an appeal
by the employer from a decision and order of the board under
*RCW 51.48.070, shall be ineffectual unless, within five
days following the service of notice thereof, a bond, with
surety satisfactory to the court, shall be filed, conditioned to
perform the judgment of the court. Except in the case last
named an appeal shall not be a stay: PROVIDED, HOWEVER, That whenever the board has made any decision and
order reversing an order of the supervisor of industrial insurance on questions of law or mandatory administrative actions
of the director, the department shall have the right of appeal
to the superior court. [1988 c 202 § 49; 1982 c 109 § 6; 1977
ex.s. c 350 § 80; 1973 c 40 § 1. Prior: 1972 ex.s. c 50 § 1;
1972 ex.s. c 43 § 36; 1971 ex.s. c 289 § 24; 1971 c 81 § 122;
1961 c 23 § 51.52.110; prior: 1957 c 70 § 61; 1951 c 225 §
14; prior: 1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c
90 § 1, part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911
c 74 § 20, part; Rem. Supp. 1949 § 7697, part.]
51.52.120
dence or testimony other than, or in addition to, that offered
before the board or included in the record filed by the board
in the superior court as provided in RCW 51.52.110: PROVIDED, That in cases of alleged irregularities in procedure
before the board, not shown in said record, testimony thereon
may be taken in the superior court. The proceedings in every
such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced.
In all court proceedings under or pursuant to this title the
findings and decision of the board shall be prima facie correct
and the burden of proof shall be upon the party attacking the
same. If the court shall determine that the board has acted
within its power and has correctly construed the law and
found the facts, the decision of the board shall be confirmed;
otherwise, it shall be reversed or modified. In case of a modification or reversal the superior court shall refer the same to
the department with an order directing it to proceed in accordance with the findings of the court: PROVIDED, That any
award shall be in accordance with the schedule of compensation set forth in this title. In appeals to the superior court hereunder, either party shall be entitled to a trial by jury upon
demand, and the jury’s verdict shall have the same force and
effect as in actions at law. Where the court submits a case to
the jury, the court shall by instruction advise the jury of the
exact findings of the board on each material issue before the
court. [1961 c 23 § 51.52.115. Prior: 1957 c 70 § 62; 1951 c
225 § 15; prior: (i) 1949 c 219 § 6, part; 1943 c 280 § 1, part;
1931 c 90 § 1, part; 1929 c 132 § 6, part; 1927 c 310 § 8, part;
1911 c 74 § 20, part; Rem. Supp. 1949 § 7697, part. (ii) 1949
c 219 § 6; 1939 c 184 § 1; Rem. Supp. 1949 § 7697-2.]
Rules of court: Cf. Title 8 RAP, RAP 18.22.
51.52.120 Attorney’s fee before department or
board—Unlawful attorney’s fees. (1) It shall be unlawful
for an attorney engaged in the representation of any worker or
beneficiary to charge for services in the department any fee in
excess of a reasonable fee, of not more than thirty percent of
the increase in the award secured by the attorney’s services.
Such reasonable fee shall be fixed by the director or the director’s designee for services performed by an attorney for such
worker or beneficiary, if written application therefor is made
by the attorney, worker, or beneficiary within one year from
the date the final decision and order of the department is communicated to the party making the application.
(2) If, on appeal to the board, the order, decision, or
award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases
where a party other than the worker or beneficiary is the
appealing party and the worker’s or beneficiary’s right to
relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings
before the board if written application therefor is made by the
attorney, worker, or beneficiary within one year from the date
the final decision and order of the board is communicated to
the party making the application. In fixing the amount of
such attorney’s fee, the board shall take into consideration the
fee allowed, if any, by the director, for services before the
department, and the board may review the fee fixed by the
director. Any attorney’s fee set by the department or the
board may be reviewed by the superior court upon application of such attorney, worker, or beneficiary. The department
or self-insured employer, as the case may be, shall be served
51.52.120
*Reviser’s note: RCW 51.48.070 was repealed by 1996 c 60 § 2.
Severability—1988 c 202: See note following RCW 2.24.050.
51.52.112 Court appeal—Payment of taxes, penalties, and interest required. All taxes, penalties, and interest
shall be paid in full before any action may be instituted in any
court to contest all or any part of such taxes, penalties, or
interest unless the court determines that there would be an
undue hardship to the employer. In the event an employer
prevails in a court action, the employer shall be allowed interest on all taxes, penalties, and interest paid by the employer
but determined by a final order of the court to not be due,
from the date such taxes, penalties, and interest were paid.
Interest shall be at the rate allowed by law as prejudgment
interest. [1986 c 9 § 19.]
51.52.112
51.52.113 Collection of tax or penalty may not be
enjoined. No restraining order or injunction may be granted
or issued by any court to restrain or enjoin the collection of
any tax or penalty or any part thereof, except upon the ground
that the assessment thereof was in violation of the Constitution of the United States or that of the state. [1986 c 9 § 20.]
51.52.113
51.52.115 Court appeal—Procedure at trial—Burden of proof. Upon appeals to the superior court only such
issues of law or fact may be raised as were properly included
in the notice of appeal to the board, or in the complete record
of the proceedings before the board. The hearing in the superior court shall be de novo, but the court shall not receive evi51.52.115
(2008 Ed.)
[Title 51 RCW—page 91]
51.52.130
Title 51 RCW: Industrial Insurance
a copy of the application and shall be entitled to appear and
take part in the proceedings. Where the board, pursuant to
this section, fixes the attorney’s fee, it shall be unlawful for
an attorney to charge or receive any fee for services before
the board in excess of that fee fixed by the board.
(3) In an appeal to the board involving the presumption
established under RCW 51.32.185, the attorney’s fee shall be
payable as set forth under RCW 51.32.185.
(4) Any person who violates this section is guilty of a
misdemeanor. [2007 c 490 § 3; 2003 c 53 § 285; 1990 c 15 §
1; 1982 c 63 § 22; 1977 ex.s. c 350 § 81; 1965 ex.s. c 63 § 1;
1961 c 23 § 51.52.120. Prior: 1951 c 225 § 16; prior: 1947
c 246 § 3; Rem. Supp. 1947 § 7679-3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.52.130
51.52.130 Attorney and witness fees in court appeal.
(1) If, on appeal to the superior or appellate court from the
decision and order of the board, said decision and order is
reversed or modified and additional relief is granted to a
worker or beneficiary, or in cases where a party other than the
worker or beneficiary is the appealing party and the worker’s
or beneficiary’s right to relief is sustained, a reasonable fee
for the services of the worker’s or beneficiary’s attorney shall
be fixed by the court. In fixing the fee the court shall take
into consideration the fee or fees, if any, fixed by the director
and the board for such attorney’s services before the department and the board. If the court finds that the fee fixed by the
director or by the board is inadequate for services performed
before the department or board, or if the director or the board
has fixed no fee for such services, then the court shall fix a fee
for the attorney’s services before the department, or the
board, as the case may be, in addition to the fee fixed for the
services in the court. If in a worker or beneficiary appeal the
decision and order of the board is reversed or modified and if
the accident fund or medical aid fund is affected by the litigation, or if in an appeal by the department or employer the
worker or beneficiary’s right to relief is sustained, or in an
appeal by a worker involving a state fund employer with
twenty-five employees or less, in which the department does
not appear and defend, and the board order in favor of the
employer is sustained, the attorney’s fee fixed by the court,
for services before the court only, and the fees of medical and
other witnesses and the costs shall be payable out of the
administrative fund of the department. In the case of selfinsured employers, the attorney fees fixed by the court, for
services before the court only, and the fees of medical and
other witnesses and the costs shall be payable directly by the
self-insured employer.
(2) In an appeal to the superior or appellate court involving the presumption established under RCW 51.32.185, the
attorney’s fee shall be payable as set forth under RCW
51.32.185. [2007 c 490 § 4; 1993 c 122 § 1; 1982 c 63 § 23;
1977 ex.s. c 350 § 82; 1961 c 23 § 51.52.130. Prior: 1957 c
70 § 63; 1951 c 225 § 17; prior: 1949 c 219 § 6, part; 1943 c
280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6, part; 1927
c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp. 1949 § 7697,
part.]
[Title 51 RCW—page 92]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.52.132
51.52.132 Unlawful attorney’s fees. Where the department, the board or the court, pursuant to RCW 51.52.120 or
51.52.130 fixes the attorney’s fee, it shall be unlawful for an
attorney to charge or receive any fee in excess of that fixed by
the department, board or the court. Any person who violates
any provision of this section shall be guilty of a misdemeanor. [1965 ex.s. c 63 § 2; 1961 c 23 § 51.52.132. Prior:
1951 c 225 § 18.]
51.52.135
51.52.135 Worker or beneficiary entitled to interest
on award—Rate. (1) When a worker or beneficiary prevails
in an appeal by the employer to the board or in an appeal by
the employer to the court from the decision and order of the
board, the worker or beneficiary shall be entitled to interest at
the rate of twelve percent per annum on the unpaid amount of
the award after deducting the amount of attorney fees.
(2) When a worker or beneficiary prevails in an appeal
by the worker or beneficiary to the board or the court regarding a claim for temporary total disability, the worker or beneficiary shall be entitled to interest at the rate of twelve percent per annum on the unpaid amount of the award after
deducting the amount of attorney fees.
(3) The interest provided for in subsections (1) and (2) of
this section shall accrue from the date of the department’s
order granting the award or denying payment of the award.
The interest shall be paid by the party having the obligation to
pay the award. The amount of interest to be paid shall be
fixed by the board or court, as the case may be. [1983 c 301
§ 1.]
51.52.140
51.52.140 Rules of practice—Duties of attorney general—Supreme court appeal. Except as otherwise provided
in this chapter, the practice in civil cases shall apply to
appeals prescribed in this chapter. Appeal shall lie from the
judgment of the superior court as in other civil cases. The
attorney general shall be the legal advisor of the department
and the board. [1961 c 23 § 51.52.140. Prior: 1957 c 70 § 64;
1951 c 225 § 19; prior: 1949 c 219 § 6, part; 1943 c 280 § 1,
part; 1931 c 90 § 1, part; 1929 c 132 § 6, part; 1927 c 310 § 8,
part; 1911 c 74 § 20, part; Rem. Supp. 1949 § 7697, part.]
Rules of court: Method of appellate review superseded by RAP 2.1, 2.2.
51.52.150
51.52.150 Costs on appeals. All expenses and costs
incurred by the department for board and court appeals,
including fees for medical and other witnesses, court reporter
costs and attorney’s fees, and all costs taxed against the
department, shall be paid one-half out of the medical aid fund
and one-half out of the accident fund. [1961 c 23 §
51.52.150. Prior: 1951 c 225 § 20; prior: 1931 c 116 § 1;
RRS § 7697-1.]
51.52.160
51.52.160 Publication and indexing of significant
decisions. The board shall publish and index its significant
decisions and make them available to the public at reasonable
cost. [1985 c 209 § 1.]
(2008 Ed.)
Construction
51.52.200 Exception—Employers as parties to
actions relating to compensation or assistance for victims
of crimes. This chapter shall not apply to matters concerning
employers as parties to any settlement, appeal, or other action
in accordance with chapter 7.68 RCW. [1997 c 102 § 2.]
51.52.200
51.52.800 Workers’ compensation study. (1) The
department shall study appeals of workers’ compensation
cases and collect information on the impacts of chapter 280,
Laws of 2008 on state fund and self-insured workers and
employers. The study shall consider the types of benefits that
may be paid pending an appeal, and shall include, but not be
limited to:
(a) The frequency and outcomes of appeals;
(b) The duration of appeals and any procedural or process changes made by the board to implement chapter 280,
Laws of 2008 and expedite the process;
(c) The number of and amount of overpayments resulting
from decisions of the board or court; and
(d) The processes used and efforts made to recoup overpayments and the results of those efforts.
(2) State fund and self-insured employers shall provide
the information requested by the department to conduct the
study.
(3) The department shall report to the workers’ compensation advisory committee by July 1, 2009, on the preliminary results of the study. By December 1, 2009, and annually
thereafter, with the final report due by December 1, 2011, the
department shall report to the workers’ compensation advisory committee and the appropriate committees of the legislature on the results of the study. The workers’ compensation
advisory committee shall provide its recommendations for
addressing overpayments resulting from chapter 280, Laws
of 2008, including the need for and ability to fund a permanent method to reimburse employer and state fund overpayment costs. [2008 c 280 § 5.]
51.98.080
shall be unaffected by the passage of this amendatory act. The amendatory
provisions of sections 2, 4, 5, and 6 of this act shall apply only to injuries
occurring after they shall go into effect." [1919 c 131 § 9.] The internal references to prior compilations refer to such sections as amended in the 1919
act by sections 2, 4, 5, and 6 as repeated in the last sentence of the above quotation. Such sections are scattered throughout chapters 51.16, 51.20, 51.32,
and 51.48 RCW.
51.52.800
Application—2008 c 280: See note following RCW 51.52.050.
Chapter 51.98
Chapter 51.98 RCW
CONSTRUCTION
Sections
51.98.010
51.98.020
51.98.030
51.98.040
51.98.050
51.98.060
51.98.070
51.98.080
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1961 c 23.
Effective dates—1971 ex.s. c 289.
Severability—1971 ex.s. c 289.
Severability—1972 ex.s. c 43.
Construction—1947 c 246: "The increased benefits and compensation
authorized by this act shall not be applicable to a case of death, or injury or
aggravation thereof, occurring prior to the effective date of this act." [1947
c 246 § 2.]
Construction—1923 c 136: "For all cases of injuries to workmen
which occurred and for all claims or actions pending or causes of action
existing before this act shall go into effect, Sections 7673 to 7796 of Remington’s Compiled Statutes of Washington shall continue in force as they were
prior to and they shall be unaffected by the passage of this amendatory act."
[1923 c 136 § 20.] The internal references refer to the entire industrial insurance act as it existed in 1923.
Construction—1919 c 131: "For all cases of injuries to workmen
which occurred before this act shall be into effect Sections 6604-3, 6604-5,
6604-6, and 6604-10 shall continue in force as they were prior to and they
(2008 Ed.)
51.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1961 c 23 §
51.98.010.]
51.98.010
51.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1961 c 23 § 51.98.020.]
51.98.020
51.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected: PROVIDED, That nothing in
this section shall affect or invalidate any of the provisions of
RCW 51.04.090. [1961 c 23 § 51.98.030.]
51.98.030
51.98.040 Repeals and saving.
51.98.040.
51.98.040
See 1961 c 23 §
51.98.050 Emergency—1961 c 23. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 23 § 51.98.050.]
51.98.050
51.98.060 Effective dates—1971 ex.s. c 289. The provisions of this 1971 amendatory act are necessary for the
immediate preservation of the public peace, health and
safety, the support of the state government and its existing
public institutions, and shall take effect on July 1, 1971:
PROVIDED, That RCW 51.08.070 as amended by section 1
of this 1971 amendatory act, RCW 51.12.010 as amended in
section 2 of this 1971 amendatory act, RCW 51.12.020 as
amended in section 3 of this 1971 amendatory act and RCW
51.16.110 as amended in section 4 of this 1971 amendatory
act shall take effect and become operative without any further
action of the legislature on January 1, 1972. [1971 ex.s. c 289
§ 90.]
51.98.060
51.98.070 Severability—1971 ex.s. c 289. If any provision of this 1971 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected: PROVIDED, That nothing in this
section shall affect or invalidate any of the provisions of
RCW 51.04.090. [1971 ex.s. c 289 § 91.]
51.98.070
51.98.080 Severability—1972 ex.s. c 43. If any provision of this 1972 amendatory act, or its application to any per51.98.080
[Title 51 RCW—page 93]
51.98.080
Title 51 RCW: Industrial Insurance
son or circumstance is held invalid, the remainder of the act,
or the application of the provisions to other persons or circumstances is not affected. [1972 ex.s. c 43 § 38.]
[Title 51 RCW—page 94]
(2008 Ed.)
Title 52
Title 52
FIRE PROTECTION DISTRICTS
Chapters
52.02 Formation.
52.04 Annexation.
52.06 Merger.
52.08 Withdrawal.
52.10 Dissolution.
52.12 Powers—Burning permits.
52.14 Commissioners.
52.16 Finances.
52.18 Benefit charges.
52.20 Local improvement districts.
52.22 Special proceedings.
52.26 Regional fire protection service authorities.
52.30 Miscellaneous provisions.
52.33 Fire departments—Performance measures.
Annexation of district territory to cities and towns: Chapter 35.13 RCW.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Fire department vehicles; lighting, plates: RCW 46.37.184 through
46.37.188.
Fire fighting equipment, standardization: Chapter 70.75 RCW.
Firefighters’ relief and pensions: Chapters 41.16, 41.18, and 41.24 RCW.
Forest protection: Chapter 76.04 RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Municipal corporation may authorize investment of funds which are in custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Retirement—Law enforcement officers’ and firefighters’ retirement system:
Chapter 41.26 RCW.
State fire protection: Chapter 43.44 RCW.
Trade centers—Annual service fee—Distribution to fire districts: RCW
53.29.030.
Chapter 52.02
Chapter 52.02 RCW
FORMATION
Sections
52.02.001
52.02.020
52.02.030
52.02.035
52.02.040
52.02.050
52.02.060
52.02.070
52.02.080
52.02.110
52.02.140
52.02.150
(2008 Ed.)
Actions subject to review by boundary review board.
Districts authorized—Health clinic services.
Petition—Certification.
Petition—Notice of sufficiency.
Petition—Public hearing.
Public hearing—Notice—Publication and posting.
Hearing—Inclusion and exclusion of land.
Action on petition—Resolution—Election—District name
when located in more than one county.
Election.
Declaration of election results—Resolution.
Appeal.
Organization conclusive.
52.02.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.02 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 41.]
52.02.001
52.02.020 Districts authorized—Health clinic services. (1) Fire protection districts for the provision of fire
prevention services, fire suppression services, emergency
medical services, and for the protection of life and property in
areas outside of cities and towns, except where the cities and
towns have been annexed into a fire protection district or
where the district is continuing service pursuant to RCW
35.02.202, are authorized to be established as provided in this
title.
(2) In addition to other services authorized under this
section, fire protection districts that share a common border
with Canada and are surrounded on three sides by water or
are bounded on the north by Bremerton, on the west by
Mason county, on the south by Pierce county, and on the east
by the Puget Sound, may also establish or participate in the
provision of health clinic services. [2005 c 281 § 1; 2003 c
309 § 1; 1991 c 360 § 10; 1984 c 230 § 1; 1979 ex.s. c 179 §
5; 1959 c 237 § 1; 1947 c 254 § 1; 1945 c 162 § 1; 1943 c 121
§ 1; 1941 c 70 § 1; 1939 c 34 § 1; Rem. Supp. 5654-101. Formerly RCW 52.04.020.]
52.02.020
Construction—Severability—1939 c 34: "The provisions of this act
and proceedings thereunder shall be liberally construed with a view to effect
their objects. If any section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of
the act as a whole or any section, provision or part thereof not adjudged to be
invalid or unconstitutional." [1939 c 34 § 51.]
Validating—Saving—1939 c 34: "Any petition heretofore drawn,
signed and filed with the county auditor in compliance with the provisions of
section 1 to section 6, inclusive, of the Laws of 1933, Extraordinary Session,
shall be valid and the various steps required by this act for the creation of a
fire-protection district may be continued, if the further steps to be taken are
begun within ninety (90) days after the taking effect of this act [March 1,
1939], and it shall not be necessary to prepare, sign and file with the county
auditor a new petition, and any district so created shall not be invalid by reason of the failure to draw, sign and file a new petition under the provisions of
this act." [1939 c 34 § 49.]
52.02.030 Petition—Certification. (1) For the purpose
of the formation of a fire protection district, a petition designating the boundaries of the proposed district, by metes and
bounds, or by describing the lands to be included in the proposed district by United States townships, ranges and legal
subdivisions, signed by not less than ten percent of the registered voters who reside within the boundaries of the proposed
district who voted in the last general municipal election, and
setting forth the object for the creation of the proposed district and alleging that the establishment of the proposed district will be conducive to the public safety, welfare, and convenience, and will be a benefit to the property included in the
proposed district, shall be filed with the county auditor of the
county in which all, or the largest portion of, the proposed
52.02.030
[Title 52 RCW—page 1]
52.02.035
Title 52 RCW: Fire Protection Districts
district is located, accompanied by an obligation signed by
two or more petitioners, agreeing to pay the cost of the publication of the notice required by this title. The organization of
any fire protection district previously formed is hereby
approved and confirmed as a legally organized fire protection
district in the state of Washington.
(2) The county auditor shall, within thirty days from the
date of filing the petition, examine the signatures and certify
to the sufficiency or insufficiency of the signatures. If the
proposed fire protection district is located in more than one
county, the auditor of the county in which the largest portion
of the proposed fire protection district is located shall be the
lead auditor and shall transmit a copy of the petition to the
auditor or auditors of the other county or counties within
which the proposed fire protection district is located. Each of
these other auditors shall certify to the lead auditor both the
total number of registered voters residing in that portion of
the proposed fire protection district that is located in the
county and the number of valid signatures of such voters who
have signed the petition. The lead auditor shall certify the
sufficiency or insufficiency of the signatures. The books and
records of the auditor shall be prima facie evidence of the
truth of the certificate. No person having signed the petition
is allowed to withdraw his or her name after the filing of the
petition with the county auditor.
(3) If the petition is found to contain a sufficient number
of signatures of registered voters residing within the proposed district, the county auditor shall transmit the petition,
together with the auditor’s certificate of sufficiency, to the
county legislative authority or authorities of the county or
counties in which the proposed fire protection district is
located. [1990 c 259 § 12; 1989 c 63 § 1; 1984 c 230 § 2;
1963 ex.s. c 13 § 1; 1947 c 254 § 2; 1939 c 34 § 2; Rem. Supp.
1947 § 5654-102. Prior: 1933 c 60 § 2. Formerly RCW
52.04.030.]
the petition with the certificate of sufficiency from the county
auditor if there is no boundary review board in the county, or
not more than one hundred days from when the notice of the
proposal was submitted to the boundary review board if the
jurisdiction of the boundary review board was not invoked, or
not less than forty days after the date that the boundary
review board that has had its jurisdiction invoked over the
proposal must act if the proposal is deemed to have been
approved. The hearing by the county legislative authority
may be completed at the scheduled time or may be adjourned
from time to time as may be necessary for a determination of
the petition, but such adjournment or adjournments shall not
extend the time for considering the petition more than twenty
days from the date of the initial hearing on the petition.
(2) If the proposed fire protection district is located in
more than one county, a public hearing shall be held in each
of the counties by the county legislative authority or boundary review board. Joint public hearings may be held by two or
more county legislative authorities, or two or more boundary
review boards, on the proposal. [1989 c 63 § 3; 1984 c 230 §
3; 1939 c 34 § 3; RRS § 5654-103. Prior: 1933 c 60 § 2. Formerly RCW 52.04.040.]
52.02.050 Public hearing—Notice—Publication and
posting. Notice of the public hearing by the county legislative authority on such a proposal shall be published for three
consecutive weeks in the official paper of the county prior to
the date set for the hearing and shall be posted for not less
than fifteen days prior to the date of the hearing in each of
three public places within the boundaries of the proposed district. The notices shall contain the time, date, and place of the
public hearing. [1989 c 63 § 4; 1984 c 230 § 4; 1939 c 34 §
4; RRS § 5654-104. Prior: 1933 c 60 § 2. Formerly RCW
52.04.050.]
52.02.050
52.02.060 Hearing—Inclusion and exclusion of land.
At the time and place of the hearing on the petition or at any
adjournment thereof, the county legislative authority shall
consider the petition and shall receive evidence as it deems
material in favor of or opposed to the formation of the district
or to the inclusion or exclusion of any lands. No lands outside
of the boundaries of the proposed district as described in the
petition may be included within the district without a written
petition describing the land, executed by all persons having
an interest of record in the lands, and filed with the proceedings on the petition. No land within the boundaries described
in the petition, except that land which the county legislative
authority finds will receive no benefits from the proposed
district, may be excluded from the district. [1984 c 230 § 5;
1947 c 254 § 3; 1939 c 34 § 5; Rem. Supp. 1947 § 5654-105.
Prior: 1933 c 60 § 3. Formerly RCW 52.04.060.]
52.02.060
52.02.035 Petition—Notice of sufficiency. The county
auditor who certifies the sufficiency of the petition shall
notify the person or persons who submitted the petition of its
sufficiency or insufficiency within five days of when the
determination of sufficiency or insufficiency is made. Notice
shall be by certified mail and additionally may be made by
telephone. If a boundary review board exists in the county or
counties in which the proposed fire protection district is
located and the petition has been certified as being sufficient,
the petitioners shall file notice of the proposed incorporation
with the boundary review board or boards. [1989 c 63 § 2.]
52.02.035
52.02.040
52.02.040 Petition—Public hearing. (1) A public
hearing on the petition shall be held by the county legislative
authority of the county in which the proposed fire protection
district is located if: (a) No boundary review board exists in
the county; (b) jurisdiction by the boundary review board
over the proposal has not been invoked; or (c) the boundary
review board fails to take action on the proposal over which
its jurisdiction has been invoked within the time period that
the board must act or a proposal is deemed to have been
approved. If such a public hearing is held by the county legislative authority, the hearing shall be held not less than
twenty nor more than forty days from the date of receipt of
[Title 52 RCW—page 2]
52.02.070 Action on petition—Resolution—Election—District name when located in more than one
county. The county legislative authority has the authority to
consider the petition and, if it finds that the lands or any portion of the lands described in the petition, and any lands
added thereto by petition of those interested, will be benefited
and that the formation of the district will be conducive to the
public safety, welfare, and convenience, it shall make a find52.02.070
(2008 Ed.)
Annexation
ing by resolution; otherwise it shall deny the petition. The
county legislative authority shall consider only those areas
located within the county when considering the petition. If
the county legislative authority approves the petition, it shall
designate the name and number of the district, fix the boundaries of the district that are located within the county, and
direct that an election be held within the proposed district for
the purpose of determining whether the district shall be organized under this title and for the purpose of the election of its
first fire commissioners.
Where a proposed fire protection district is located in
more than a single county, the fire protection district shall be
identified by the name of each county in which the proposed
fire protection district is located, listed alphabetically, followed by a number that is the next highest number available
for a fire protection district in the one of these counties that
has the greatest number of fire protection districts. An election on a proposed fire protection district that is located in
more than one county shall not be held unless the proposed
district has been approved by the county legislative authorities, or boundary review boards, of each county within which
the proposed district is located. [1989 c 63 § 5; 1984 c 230 §
6; 1939 c 34 § 6; RRS § 5654-106. Prior: 1933 c 60 § 3. Formerly RCW 52.04.070.]
52.04.011
of the county, in the same manner as provided by law for
appeals from the orders and determinations of the county legislative authority. [1984 c 230 § 13; 1939 c 34 § 13; RRS §
5654-113. Formerly RCW 52.04.140.]
Appeal from board’s action: RCW 36.32.330.
52.02.150 Organization conclusive. After the expiration of five days from the approval of the resolution of the
county legislative authority declaring the district to be organized, and the filing of the certified copies of the resolution of
the county legislative authority with the county auditor and
the county assessor, the creation of the district is complete
and its legal existence cannot thereafter be questioned by any
person by reason of a defect in the proceedings for the organization of the district. [1984 c 230 § 14; 1939 c 34 § 14;
RRS § 5654-114. Formerly RCW 52.04.150.]
52.02.150
Chapter 52.04
Sections
52.04.001
52.04.011
52.04.021
52.02.080 Election. The election on the formation of
the district and to elect the initial fire commissioners shall be
conducted by the election officials of the county or counties
in which the proposed district is located in accordance with
the general election laws of the state. This election shall be
held at the next general election date according to RCW
29A.04.321 and 29A.04.330, that occurs after the date of the
action by the boundary review board, or county legislative
authority or authorities, approving the proposal. [2006 c 344
§ 32; 1989 c 63 § 6; 1984 c 230 § 7; 1939 c 34 § 7; RRS §
5654-107. Formerly RCW 52.04.080.]
52.04.031
52.04.041
52.04.051
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
52.04.141
52.04.151
52.04.161
52.02.080
Elections: Title 29A RCW.
52.02.110 Declaration of election results—Resolution. If three-fifths of all the votes cast at the election were
cast in favor of the ballot proposition to create the proposed
fire protection district, the county legislative authority of the
county in which all, or the largest portion of, the proposed
district is located shall by resolution declare the territory
organized as a fire protection district under the name designated and shall declare the candidate for each fire commissioner position who receives the highest number of votes for
that position to be an initial fire commissioner of the district.
[1989 c 63 § 7; 1984 c 230 § 10; 1941 c 70 § 2; 1939 c 34 §
10; Rem. Sup p. 19 41 § 5654 -11 0. For merly RCW
52.04.110.]
52.02.110
52.02.140 Appeal. Any person or entity having a substantial interest and feeling aggrieved by any finding, determination, or resolution of the county legislative authority in
the proceedings for the organization of a fire protection district under this title, may appeal within five days after the
action of the county legislative authority to the superior court
52.02.140
(2008 Ed.)
Chapter 52.04 RCW
ANNEXATION
52.04.056
52.04.061
52.04.071
52.04.081
52.04.091
52.04.101
52.04.111
52.04.121
52.04.131
Actions subject to review by boundary review board.
Annexation of territory by election method—Procedure—
Indebtedness—Election dispensed with, when.
Annexation by petition method—Alternative to election
method.
Annexation by petition method—Petition—Signers—Content.
Annexation by petition method—Hearing—Notice.
Annexation by petition method—Resolution providing for
annexation.
Withdrawal or reannexation of areas.
Annexation of adjacent city or town—Procedure.
Annexation of adjacent city or town—Election.
Annexation of adjacent city or town—Annual tax levies—
Limitations.
Additional territory annexed by city to be part of district.
Withdrawal by annexed city or town—Election.
Annexation of city or town—Transfer of employees.
Annexation of city or town—Transfer of employees—Rights
and benefits.
Annexation of city or town—Transfer of employees—
Notice—Time limitation.
Annexation of contiguous territory not in same county.
Annexation of territory not in same county—District name.
Newly incorporated city or town deemed annexed by district—Withdrawal.
Merger of part of district with adjacent district: RCW 52.06.090.
52.04.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.04 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 42.]
52.04.001
52.04.011 Annexation of territory by election
method—Procedure—Indebtedness—Election dispensed
with, when. (1) A territory adjacent to a fire protection district and not within the boundaries of a city, town, or other
fire protection district may be annexed to the fire protection
district by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be
annexed. Such territory may be located in a county or counties other than the county or counties within which the fire
protection district is located. The petition shall be filed with
the fire commissioners of the fire protection district and if the
fire commissioners concur in the petition they shall file the
petition with the county auditor of the county within which
the territory is located. If this territory is located in more than
52.04.011
[Title 52 RCW—page 3]
52.04.021
Title 52 RCW: Fire Protection Districts
one county, the original petition shall be filed with the auditor
of the county within which the largest portion of the territory
is located, who shall be designated as the lead auditor, and a
copy shall be filed with the auditor of each other county
within which such territory is located. Within thirty days after
the date of the filing of the petition the auditor shall examine
the signatures on the petition and certify to the sufficiency or
insufficiency of the signatures. If this territory is located in
more than one county, the auditor of each other county who
receives a copy of the petition shall examine the signatures
and certify to the lead auditor the number of valid signatures
and the number of registered voters residing in that portion of
the territory that is located within the county. The lead auditor shall certify the sufficiency or insufficiency of the signatures.
After the county auditor has certified the sufficiency of
the petition, the county legislative authority or authorities, or
the boundary review board or boards, of the county or counties in which such territory is located shall consider the proposal under the same basis that a proposed incorporation of a
fire protection district is considered, with the same authority
to act on the proposal as in a proposed incorporation, as provided under chapter 52.02 RCW. If the proposed annexation
is approved by the county legislative authority or boundary
review board, the board of fire commissioners shall adopt a
resolution requesting the county auditor to call a special election, as specified under *RCW 29.13.020, at which the ballot
proposition is to be submitted. No annexation shall occur
when the territory proposed to be annexed is located in more
than one county unless the county legislative authority or
boundary review board of each county approves the proposed
annexation.
(2) The county legislative authority or authorities of the
county or counties within which such territory is located have
the authority and duty to determine on an equitable basis, the
amount of any obligation which the territory to be annexed to
the district shall assume to place the property owners of the
existing district on a fair and equitable relationship with the
property owners of the territory to be annexed as a result of
the benefits of annexing to a district previously supported by
the property owners of the existing district. If a boundary
review board has had its jurisdiction invoked on the proposal
and approves the proposal, the county legislative authority of
the county within which such territory is located may exercise the authority granted in this subsection and require such
an assumption of indebtedness. This obligation may be paid
to the district in yearly benefit charge installments to be fixed
by the county legislative authority. This benefit charge shall
be collected with the annual tax levies against the property in
the annexed territory until fully paid. The amount of the obligation and the plan of payment established by the county legislative authority shall be described in general terms in the
notice of election for annexation and shall be described in the
ballot proposition on the proposed annexation that is presented to the voters for their approval or rejection. Such benefit charge shall be limited to an amount not to exceed a total
of fifty cents per thousand dollars of assessed valuation:
PROVIDED, HOWEVER, That the special election on the
proposed annexation shall be held only within the boundaries
of the territory proposed to be annexed to the fire protection
district.
[Title 52 RCW—page 4]
(3) On the entry of the order of the county legislative
authority incorporating the territory into the existing fire protection district, the territory shall become subject to the
indebtedness, bonded or otherwise, of the existing district. If
the petition is signed by sixty percent of the qualified registered electors residing within the territory proposed to be
annexed, and if the board of fire commissioners concur, an
election in the territory and a hearing on the petition shall be
dispensed with and the county legislative authority shall enter
its order incorporating the territory into the existing fire protection district. [1999 c 105 § 1; 1989 c 63 § 8; 1984 c 230 §
22; 1973 1st ex.s. c 195 § 49; 1965 ex.s. c 18 § 1; 1959 c 237
§ 3; 1947 c 254 § 5; 1945 c 162 § 2; 1941 c 70 § 3; Rem.
Supp. 1947 § 5654-116a. Formerly RCW 52.08.060.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
52.04.021 Annexation by petition method—Alternative to election method. The method of annexation provided
for in RCW 52.04.031, 52.04.041, and 52.04.051 shall be an
alternate method to that specified in RCW 52.04.011. [1984
c 230 § 23; 1965 c 59 § 1. Formerly RCW 52.08.065.]
52.04.021
52.04.031 Annexation by petition method—Petition—Signers—Content. A petition for annexation of an
area adjacent to a fire district shall be in writing, addressed to
and filed with the board of fire commissioners of the district
to which annexation is desired. Such territory may be located
in a county or counties other than the county or counties
within which the fire protection district is located. It must be
signed by the owners, according to the records of the county
auditor or auditors, of not less than sixty percent of the area
of land included in the annexation petition, shall set forth a
legal description of the property and shall be accompanied by
a plat which outlines the boundaries of the property to be
annexed. The petition shall state the financial obligation, if
any, to be assumed by the area to be annexed. [1999 c 105 §
2; 1989 c 63 § 9; 1984 c 230 § 24; 1965 c 59 § 2. Formerly
RCW 52.08.066.]
52.04.031
52.04.041 Annexation by petition method—Hearing—Notice. If the petition for annexation filed with the
board of commissioners complies with the requirements of
law, the board may accept the petition, fix a date for public
hearing, and publish notice of the hearing in a newspaper of
general circulation in the area proposed to be annexed and
also post the notice in three public places within the area proposed for annexation. The notice shall specify the time and
place of the hearing and invite interested persons to attend.
The expense of publication of the notice shall be paid by the
district. [1984 c 230 § 25; 1965 c 59 § 3. Formerly RCW
52.08.067.]
52.04.041
52.04.051 Annexation by petition method—Resolution providing for annexation. After the hearing, the board
of fire commissioners shall determine by resolution whether
the area shall be annexed. It may annex all or any portion of
the proposed area but may not include in the annexation property not described in the petition. The proposed annexation
52.04.051
(2008 Ed.)
Annexation
shall be subject to action by the county legislative authority,
as provided under RCW 52.04.011, to the same extent as if
the annexation were done under the election method of
annexation. If the area proposed to be annexed under this procedure is reduced, the annexation shall occur only if the owners of not less than sixty percent of the remaining area have
signed the petition. After adoption of the resolution a copy
shall be filed with the county legislative authority or authorities within which the territory is located. [1989 c 63 § 10;
1984 c 230 § 26; 1965 c 59 § 4. Formerly RCW 52.08.068.]
52.04.056 Withdrawal or reannexation of areas. (1)
As provided in this section, a fire protection district may
withdraw areas from its boundaries, or reannex areas into the
fire protection district that previously had been withdrawn
from the fire protection district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the board of fire commissioners requesting the withdrawal and finding that, in the opinion
of the board, inclusion of this area within the fire protection
district will result in a reduction of the district’s tax levy rate
under the provisions of RCW 84.52.010; and (b) adoption of
a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or
authorities of the county or counties within which the area is
located approving the withdrawal, if the area is located outside of a city or town. A withdrawal shall be effective at the
end of the day on the thirty-first day of December in the year
in which the resolutions are adopted, but for purposes of
establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of
the second resolution.
The authority of an area to be withdrawn from a fire protection district as provided under this section is in addition,
and not subject, to the provisions of RCW 52.04.101.
The withdrawal of an area from the boundaries of a fire
protection district shall not exempt any property therein from
taxation for the purpose of paying the costs of redeeming any
indebtedness of the fire protection district existing at the time
of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a fire protection district under this section may be reannexed into the fire protection district upon: (a) Adoption of a
resolution by the board of fire commissioners proposing the
reannexation; and (b) adoption of a resolution by the city or
town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority or authorities of the county or
counties within which the area is located approving the reannexation, if the area is located outside of a city or town. The
reannexation shall be effective at the end of the day on the
thirty-first day of December in the year in which the adoption
of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall
be established immediately upon the adoption of the second
resolution. Referendum action on the proposed reannexation
may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the
city or town council, or county legislative authority or authorities, within a thirty-day period after the adoption of the sec52.04.056
(2008 Ed.)
52.04.071
ond resolution, which petition has been signed by registered
voters of the area proposed to be reannexed equal in number
to ten percent of the total number of the registered voters
residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date according to RCW 29A.04.330.
Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [2006 c 344 § 33; 1989 c 63 § 11; 1987 c 138 § 3.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
52.04.061
52.04.061 Annexation of adjacent city or town—Procedure. A city or town lying adjacent to a fire protection district may be annexed to such district if at the time of the initiation of annexation the population of the city or town is
100,000 or less. The legislative authority of the city or town
may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district and finding that
the public interest will be served thereby. If the board of fire
commissioners of the fire protection district shall concur in
the annexation, notification thereof shall be transmitted to the
legislative authority or authorities of the counties in which
the city or town and the district are situated. [1999 c 105 § 3;
1985 c 313 § 1; 1979 ex.s. c 179 § 1. Formerly RCW
52.04.170.]
52.04.071
52.04.071 Annexation of adjacent city or town—
Election. The county legislative authority or authorities shall
by resolution call a special election to be held in the city or
town and in the fire protection district at the next date according to RCW 29A.04.321, and shall cause notice of the election to be given as provided for in RCW 29A.52.351.
The election on the annexation of the city or town into
the fire protection district shall be conducted by the auditor of
the county or counties in which the city or town and the fire
protection district are located in accordance with the general
election laws of the state. The results thereof shall be canvassed by the canvassing board of the county or counties. No
person is entitled to vote at the election unless he or she is a
qualified elector in the city or town or unless he or she is a
qualified elector within the boundaries of the fire protection
district. The ballot proposition shall be in substantially the
following form:
"Shall the city or town of . . . . . . be annexed to and be a
part of . . . . . . fire protection district?
YES . . . . . . . . . .
NO . . . . . . . . . . "
If a majority of the persons voting on the proposition in
the city or town and a majority of the persons voting on the
proposition in the fire protection district vote in favor thereof,
the city or town shall be annexed and shall be a part of the fire
protection district. [2006 c 344 § 34; 1984 c 230 § 16; 1979
ex.s. c 179 § 2. Formerly RCW 52.04.180.]
[Title 52 RCW—page 5]
52.04.081
Title 52 RCW: Fire Protection Districts
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Elections: Title 29A RCW.
52.04.081 Annexation of adjacent city or town—
Annual tax levies—Limitations. The annual tax levies
authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city or town
annexed thereto. Any city or town annexed to a fire protection district is entitled to levy up to three dollars and sixty
cents per thousand dollars of assessed valuation less any regular levy made by the fire protection district or by a library
district under RCW 27.12.390 in the incorporated area:
PROVIDED, That the limitations upon regular property taxes
imposed by chapter 84.55 RCW apply. [1984 c 230 § 17;
1979 ex.s. c 179 § 4. Formerly RCW 52.04.190.]
52.04.081
52.04.091 Additional territory annexed by city to be
part of district. When any city, code city, or town is
annexed to a fire protection district under RCW 52.04.061
and 52.04.071, thereafter, any territory annexed by the city
shall also be annexed and be a part of the fire protection district. [1989 c 76 § 1.]
52.04.091
52.04.101 Withdrawal by annexed city or town—
Election. The legislative body of such a city or town which
has annexed to such a fire protection district, may, by resolution, present to the voters of such city or town a proposition
to withdraw from said fire protection district at any general
election held at least three years following the annexation to
the fire protection district. If the voters approve such a proposition to withdraw from said fire protection district, the city
or town shall have a vested right in the capital assets of the
district proportionate to the taxes levied within the corporate
boundaries of the city or town and utilized by the fire district
to acquire such assets. [1979 ex.s. c 179 § 3. Formerly RCW
52.04.200.]
52.04.101
52.04.111 Annexation of city or town—Transfer of
employees. When any city, code city or town is annexed to a
fire protection district under RCW 52.04.061 and 52.04.071,
any employee of the fire department of such city, code city or
town who (1) was at the time of annexation employed exclusively or principally in performing the powers, duties, and
functions which are to be performed by the fire protection
district (2) will, as a direct consequence of annexation, be
separated from the employ of the city, code city or town, and
(3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may
transfer his employment to the fire protection district as provided in this section and RCW 52.04.121 and 52.04.131.
For purposes of this section and RCW 52.04.121 and
52.04.131, employee means an individual whose employment with a city, code city or town has been terminated
because the city, code city or town was annexed by a fire protection district for purposes of fire protection. [1986 c 254 §
10.]
52.04.111
may transfer into the fire protection district civil service system, if any, or if none, then may request transfer of employment under this section by filing a written request with the
board of fire commissioners of the fire protection district and
by giving written notice to the legislative authority of the
city, code city, or town. Upon receipt of such request by the
board of fire commissioners the transfer of employment shall
be made. The employee so transferring will (a) be on probation for the same period as are new employees of the fire protection district in the position filled, but if the transferring
employee has already completed a probationary period as a
firefighter prior to the transfer, then the employee may only
be terminated during the probationary period for failure to
adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would
otherwise be subject to disciplinary action, (b) be eligible for
promotion no later than after completion of the probationary
period, (c) receive a salary at least equal to that of other new
employees of the fire protection district in the position filled,
and (d) in all other matters, such as retirement, vacation, and
sick leave, have all the rights, benefits, and privileges to
which he or she would have been entitled as an employee of
the fire protection district from the beginning of employment
with the city, code city, or town fire department: PROVIDED, That for purposes of layoffs by the annexing fire
agency, only the time of service accrued with the annexing
agency shall apply unless an agreement is reached between
the collective bargaining representatives of the employees of
the annexing and annexed fire agencies and the annexing and
annexed fire agencies. The city, code city, or town shall, upon
receipt of such notice, transmit to the board of fire commissioners a record of the employee’s service with the city, code
city, or town which shall be credited to such employee as a
part of the period of employment in the fire protection district. All accrued benefits are transferable provided that the
recipient agency provides comparable benefits. All benefits
shall then accrue based on the combined seniority of each
employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the fire protection district as the
district determines are needed to provide services. These
needed employees shall be taken in order of seniority and the
remaining employees who transfer as provided in this section
and RCW 52.04.111 and 52.04.131 shall head the list for
employment in the civil service system in order of their
seniority, to the end that they shall be the first to be reemployed in the fire protection district when appropriate positions become available: PROVIDED, That employees who
are not immediately hired by the fire protection district shall
be placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an
agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire
agencies and the annexing and annexed fire agencies. [1994
c 73 § 4; 1986 c 254 § 11.]
Effective date—1994 c 73: See note following RCW 35.10.365.
52.04.131
52.04.121 Annexation of city or town—Transfer of
employees—Rights and benefits. (1) An eligible employee
52.04.121
[Title 52 RCW—page 6]
52.04.131 Annexation of city or town—Transfer of
employees—Notice—Time limitation. When a city, code
city or town is annexed to a fire protection district and as a
(2008 Ed.)
Merger
result any employee is laid off who is eligible to transfer to
the fire protection district pursuant to this section and RCW
52.04.111 and 52.04.121, the city, code city or town shall
notify the employee of the right to transfer and the employee
shall have ninety days to transfer employment to the fire protection district. [1986 c 254 § 12.]
52.04.141 Annexation of contiguous territory not in
same county. Any attempted annexation in 1987 and thereafter by a fire protection district of contiguous territory, that
is located in a county other than the county in which the fire
protection district was located, is validated where the annexation would have occurred if the territory had been located in
the same county as the fire protection district. The effective
date of such annexations occurring in 1987 shall be February
1, 1988, for purposes of establishing the boundaries of taxing
districts for purposes of imposing property taxes as provided
in RCW 84.09.030.
Any reference to a county official of the county in which
a fire protection district is located or proposed to be located
shall be deemed to refer to the appropriate county official of
each county in which the fire protection district is located or
proposed to be located. [1988 c 274 § 12.]
52.04.141
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
52.04.151 Annexation of territory not in same
county—District name. Any fire protection district located
in a single county that annexes territory in another county
shall be identified by the name of each county in which the
fire protection district is located, listed alphabetically, followed by a number that is the next highest number available
for a fire protection district in the one of these counties that
has the greatest number of fire protection districts. [1989 c
63 § 12.]
52.04.151
52.04.161 Newly incorporated city or town deemed
annexed by district—Withdrawal. If the area of a newly
incorporated city or town is located in one or more fire protection districts, the city or town is deemed to have been
annexed by the fire protection district or districts effective
immediately on the city’s or town’s official date of incorporation, unless the city or town council adopts a resolution during the interim transition period precluding the annexation of
the newly incorporated city or town by the fire protection district or districts. The newly incorporated city or town shall
remain annexed to the fire protection district or districts for
the remainder of the year of the city’s or town’s official date
of incorporation, or through the following year if such extension is approved by resolution adopted by the city or town
council and by the board or boards of fire commissioners, and
shall be withdrawn from the fire protection district or districts
at the end of this period, unless a ballot proposition is adopted
by the voters providing for annexation of the city or town to
one fire protection district or providing for the fire protection
district or districts to annex only that area of the city or town
located within the district. Such election shall be held pursuant to RCW 52.04.071 where possible, provided that in
annexations to more than one fire protection district, the qualified elector shall reside within the boundaries of the appro52.04.161
(2008 Ed.)
52.06.020
priate fire protection district or in that area of the city located
within the district.
If the city or town is withdrawn from the fire protection
district or districts, the maximum rate of the first property tax
levy that is imposed by the city or town after the withdrawal
is calculated as if the city or town never had been annexed by
the fire protection district or districts. [2003 c 253 § 1; 1993
c 262 § 1.]
Chapter 52.06
Chapter 52.06 RCW
MERGER
Sections
52.06.001
52.06.010
52.06.020
52.06.030
52.06.050
52.06.060
52.06.070
52.06.080
52.06.085
52.06.090
52.06.100
52.06.110
52.06.120
52.06.130
52.06.140
52.06.150
Actions subject to review by boundary review board.
Merger of districts authorized—Review.
Petition—Contents.
Action on petition—Special election.
Vote required—Status after favorable vote.
Merger by petition.
Obligations of merged districts.
Delivery of property and funds.
Board membership upon merger of districts—Subsequent
boards—Creation of commissioner districts.
Merger of part of district with adjacent district.
Merger of part of district with adjacent district—When election unnecessary.
Transfer of employees.
Transfer of employees—Rights and benefits.
Transfer of employees—Notice—Time limitation.
Merger of districts located in different counties—District
name.
Merger of districts located in same county—District name.
52.06.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.06 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 43.]
52.06.001
52.06.010 Merger of districts authorized—Review.
A fire protection district may merge with another adjacent
fire protection district, on such terms and conditions as they
agree upon, in the manner provided in this title. The fire protection districts may be located in different counties. The district desiring to merge with another district, or the district
from which it is proposed that a portion of the district be
merged with another district, shall be called the "merging district." The district into which the merger is to be made shall
be called the "merger district." The merger of any districts
under chapter 52.06 RCW is subject to potential review by
the boundary review board or boards of the county in which
the merging district, or the portion of the merging district that
is proposed to be merged with another district, is located.
[1989 c 63 § 13; 1984 c 230 § 57; 1947 c 254 § 12; Rem.
Supp. 1947 § 5654-151a. Formerly RCW 52.24.010.]
52.06.010
52.06.020 Petition—Contents. To effect such a
merger, a petition to merge shall be filed with the board of the
merger district by the commissioners of the merging district.
The commissioners of the merging district may sign and file
the petition on their own initiative, and they shall file a petition when it is signed by ten percent of the registered voters
resident in the merging district who voted in the last general
municipal election and presented to the board of commissioners. The petition shall state the reasons for the merger, state
the terms and conditions under which the merger is proposed,
52.06.020
[Title 52 RCW—page 7]
52.06.030
Title 52 RCW: Fire Protection Districts
and request the merger. [1990 c 259 § 13; 1984 c 230 § 58;
1947 c 254 § 13; Rem. Supp. 1947 § 5654-151b. Formerly
RCW 52.24.020.]
52.06.030 Action on petition—Special election. The
board of the merger district may, by resolution, reject or
approve the petition as presented, or it may modify the terms
and conditions of the proposed merger, and shall transmit the
petition, together with a copy of its resolution to the merging
district.
If the petition is approved as presented or as modified,
the board of the merging district shall send an elector-signed
petition, if there is one, to the auditor or auditors of the county
or counties in which the merging district is located, who shall
within thirty days examine the signatures and certify to the
sufficiency or insufficiency of the signatures. If the merging
district is located in more than one county, the auditor of the
county within which the largest portion of the merging district is located shall be the lead auditor. Each other auditor
shall certify to the lead auditor the number of valid signatures
and the number of registered voters of the merging district
who reside in the county. The lead auditor shall certify as to
the sufficiency or insufficiency of the signatures. No signatures may be withdrawn from the petition after the filing. A
certificate of sufficiency shall be provided to the board of the
merging district, which shall adopt a resolution requesting the
county auditor or auditors to call a special election, as provided in *RCW 29.13.020, for the purpose of presenting the
question of merging the districts to the voters of the merging
district.
If there is no elector-signed petition, the merging district
board shall adopt a resolution requesting the county auditor
or auditors to call a special election in the merging district, as
specified under *RCW 29.13.020, for the purpose of presenting the question of the merger to the electors. [1989 c 63 §
14; 1984 c 230 § 59; 1947 c 254 § 14; Rem. Supp. 1947 §
5654-151c. Formerly RCW 52.24.030.]
52.06.030
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
52.06.050 Vote required—Status after favorable
vote. The board of the merging district shall notify the board
of the merger district of the results of the election. If a majority of the votes cast at the election favor the merger, the
respective district boards shall adopt concurrent resolutions,
declaring the districts merged, under the name of the merger
district. Thereupon the districts are merged into one district,
under the name of the merger district; the merging district is
dissolved without further proceedings; and the boundaries of
the merger district are thereby extended to include all the area
of the merging district. Thereafter the legal existence cannot
be questioned by any person by reason of any defect in the
proceedings had for the merger. [1995 c 79 § 1; 1947 c 254
§ 16; Rem. Supp. 1947 § 5654-151e. Formerly RCW
52.24.050.]
located in more than a single county, shall return the petition,
together with a certificate of sufficiency to the board of the
merging district. The boards of the respective districts shall
then adopt resolutions declaring the districts merged in the
same manner and to the same effect as if the merger had been
authorized by an election. [1989 c 63 § 15; 1984 c 230 § 61;
1947 c 254 § 17; Rem. Supp. 1947 § 5654-151f. Formerly
RCW 52.24.060.]
52.06.070 Obligations of merged districts. None of
the obligations of the merged districts or of a local improvement district located in the merged districts may be affected
by the merger and dissolution, and all land liable to be
assessed to pay any of the indebtedness shall remain liable to
the same extent as if the districts had not been merged and
any assessments previously levied against the land shall
remain unimpaired and shall be collected in the same manner
as if the districts had not merged. The commissioners of the
merged district shall have all the powers of the two districts
to levy, assess, and cause to be collected all assessments
against any land in both districts that may be necessary to pay
for the indebtedness thereof, and until the assessments are
collected and all indebtedness of the districts paid, separate
funds shall be maintained for each district as were maintained
before the merger: PROVIDED, That the board of the
merged district may, with the consent of the creditors of the
districts merged, cancel any or all assessments previously
levied, in accordance with the terms and conditions of the
merger, so that the lands in the respective districts bear their
fair and proportionate share of the indebtedness. [1984 c 230
§ 62; 1947 c 254 § 18; Rem. Supp. 1947 § 5654-151g. Formerly RCW 52.24.070.]
52.06.070
52.06.080 Delivery of property and funds. The commissioners of the merging district shall, upon completion of
the merger, transfer, convey, and deliver to the merged district all property and funds of the merging district, together
with all interest in and right to collect any assessments previously levied. [1984 c 230 § 63; 1947 c 254 § 19; Rem. Supp.
1947 § 5654-151h. Formerly RCW 52.24.080.]
52.06.080
52.06.050
52.06.060 Merger by petition. If three-fifths of all the
qualified electors in the merging district sign the petition to
merge, no election on the question of the merger is necessary
and the auditor, or lead auditor if the merging district is
52.06.060
[Title 52 RCW—page 8]
52.06.085 Board membership upon merger of districts—Subsequent boards—Creation of commissioner
districts. (1) Whenever two or more fire protection districts
merge, the board of fire commissioners of the merged fire
protection district shall consist of all of the fire commissioners of the districts that are merging, including a person who is
elected as a fire commissioner of one of the merging districts
at that same election that the ballot proposition was approved
authorizing the merger, who shall retain the same terms of
office they would possess as if the merger had not been
approved. The number of members on the board of the
merged district shall be reduced to either three or five members as provided in subsections (2) and (3) of this section,
depending on whether the district has chosen to eventually
have either a three-member or a five-member board under
RCW 52.14.020.
(2) The number of members on the board of the merged
district shall be reduced by one whenever a fire commissioner resigns from office or a vacancy otherwise occurs on
52.06.085
(2008 Ed.)
Merger
the board, until the number of remaining members is reduced
to the number of members that is chosen for the board eventually to have. The reduction of membership on the board
shall not be considered to be a vacancy that is to be filled until
the number of remaining members is less than the number of
members on the board that is chosen for the board eventually
to have.
(3) At the next three district general elections after the
merger is approved, the number of fire commissioners for the
merged district that are elected shall be as follows, notwithstanding the number of fire commissioners whose terms
expire:
(a) In the first election after the merger, only one position
shall be filled, whether the new fire protection district be a
three-member district or a five-member district.
(b) In each of the two subsequent elections, one position
shall be filled if the new fire protection district is a threemember district and two positions shall be filled if the new
fire protection district is a five-member district.
Thereafter, the fire commissioners shall be elected in the
same manner as prescribed for such fire protection districts of
the state.
(4) A ballot proposition to create commissioner districts
may be submitted to the voters of the fire protection districts
proposed to be merged at the same election the ballot proposition is submitted authorizing the merging of the fire protection districts. The procedure to create commissioner districts
shall conform with RCW 52.14.013, except that: (a) Resolutions proposing the creation of commissioner districts must
be adopted by unanimous vote of the boards of fire commissioners of each of the fire protection districts that are proposed to be merged; and (b) commissioner districts will be
authorized only if the ballot propositions to authorize the
merger and to create commissioner districts are both
approved. A ballot proposition authorizing the creation of
commissioner districts is approved if it is approved by a simple majority vote of the combined voters of all the fire protection districts proposed to be merged. The commissioner districts shall not be drawn until the number of commissioners in
the fire protection district has been reduced under subsections
(1) through (3) of this section to either three or five commissioners. After this reduction of fire commissioners has
occurred the commissioner districts shall be drawn and used
for the election of the successor fire commissioners. [1994 c
14 § 1; 1992 c 74 § 1; 1985 c 7 § 118; 1977 ex.s. c 121 § 1;
1971 c 55 § 1. Formerly RCW 52.24.085.]
52.06.090 Merger of part of district with adjacent
district. A part of one district may be transferred and merged
with an adjacent district if the area can be better served by the
merged district. To effect such a merger, a petition, signed by
a majority of the commissioners of the merging district or
signed by not less than fifteen percent of the qualified electors residing in the area to be merged, shall be filed with the
commissioners of the merging district, if signed by electors,
or with the commissioners of the merger district if signed by
commissioners of the merging district. If the commissioners
of the merging district approve the petition, the petition shall
be presented to the commissioners of the merger district. If
the commissioners of the merger district approve the petition,
an election shall be called in the area to be merged.
52.06.120
In the event that either board of fire district commissioners does not approve the petition, the petition may be
approved by the boundary review board of the county or the
county legislative authority of the county in which the area to
be merged is situated, and may approve the merger if it
decides the area can be better served by a merger. If the part
of the merging district that is proposed to merge with the
merger district is located in more than one county, the
approval must be by the boundary review board or county
legislative authority of each county. If there is an affirmative
decision, an election shall be called in the area to be merged.
A majority of the votes cast is necessary to approve the
transfer. [1989 c 63 § 16; 1984 c 230 § 64; 1965 ex.s. c 18 §
2; 1963 c 42 § 1; 1953 c 176 § 5. Formerly RCW 52.24.090.]
52.06.100 Merger of part of district with adjacent
district—When election unnecessary. If three-fifths of the
qualified electors in the area to be merged sign a petition to
merge the districts, no election on the question of the merger
is necessary, in which case the auditor or lead auditor shall
return the petition, together with a certificate of sufficiency,
to the board of the merger district. The board of the merger
district shall then adopt a resolution declaring the portion of
the district merged in the same manner and to the same effect
as if the same had been authorized by an election. [1989 c 63
§ 17; 1984 c 230 § 65; 1953 c 176 § 6. Formerly RCW
52.24.100.]
52.06.100
52.06.110 Transfer of employees. When any portion
of a fire protection district merges with another fire protection district, any employee of the merging district who (1)
was at the time of merger employed exclusively or principally in performing the powers, duties, and functions which
are to be performed by the merger district (2) will, as a direct
consequence of the merger, be separated from the employ of
the merging district, and (3) can perform the duties and meet
the minimum requirements of the position to be filled, then
such employee may transfer employment to the merger district as provided in this section and RCW 52.06.120 and
52.06.130.
For purposes of this section and RCW 52.06.120 and
52.06.130, employee means an individual whose employment with a fire protection district has been terminated
because the fire protection district merged with another fire
protection district for purposes of fire protection. [1986 c
254 § 13.]
52.06.110
52.06.090
(2008 Ed.)
52.06.120 Transfer of employees—Rights and benefits. (1) An eligible employee may transfer into the merger
district by filing a written request with the board of fire commissioners of the merger district and by giving written notice
to the board of fire commissioners of the merging district.
Upon receipt of such request by the board of the merger district the transfer of employment shall be made. The employee
so transferring will (a) be on probation for the same period as
are new employees of the merger district in the position
filled, but if the transferring employee has already completed
a probationary period as a firefighter prior to the transfer,
then the employee may only be terminated during the probationary period for failure to adequately perform assigned
52.06.120
[Title 52 RCW—page 9]
52.06.130
Title 52 RCW: Fire Protection Districts
duties, not meeting the minimum qualifications of the position, or behavior that would otherwise be subject to disciplinary action, (b) be eligible for promotion no later than after
completion of the probationary period, (c) receive a salary at
least equal to that of other new employees of the merger district in the position filled, and (d) in all other matters, such as
retirement, vacation, and sick leave, have, all the rights, benefits, and privileges to which he or she would have been entitled to as an employee of the merger district from the beginning of employment with the merging district: PROVIDED,
That for purposes of layoffs by the merger fire agency, only
the time of service accrued with the merger agency shall
apply unless an agreement is reached between the collective
bargaining representatives of the employees of the merging
and merger fire agencies and the merging and merger fire
agencies. The board of the merging district shall, upon
receipt of such notice, transmit to the board of the merger district a record of the employee’s service with the merging district which shall be credited to such employee as a part of the
period of employment in the merger district. All accrued benefits are transferable provided that the recipient agency provides comparable benefits. All benefits shall then accrue
based on the combined seniority of each employee in the
recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the merger district as the merger
district determines are needed to provide services. These
needed employees shall be taken in order of seniority and the
remaining employees who transfer as provided in this section
and RCW 52.06.110 and 52.06.130 shall head the list for
employment in order of their seniority, to the end that they
shall be the first to be reemployed in the merger district when
appropriate positions become available: PROVIDED, That
employees who are not immediately hired by the fire protection district shall be placed on a reemployment list for a
period not to exceed thirty-six months unless a longer period
is authorized by an agreement reached between the collective
bargaining representatives of the employees of the merging
and merged fire agencies and the merging and merged fire
agencies. [1994 c 73 § 5; 1986 c 254 § 14.]
Effective date—1994 c 73: See note following RCW 35.10.365.
52.06.130
52.06.130 Transfer of employees—Notice—Time
limitation. If, as a result of merging of districts any
employee is laid off who is eligible to transfer to the merger
district under this section and RCW 52.06.110 and 52.06.120,
the merging district shall notify the employee of the right to
transfer and the employee shall have ninety days to transfer
employment to the merger district. [1986 c 254 § 15.]
52.06.140
52.06.140 Merger of districts located in different
counties—District name. A merger fire protection district
located in a single county, that merged with a merging fire
protection district located in another county or counties, shall
be identified by the name of each county in which the fire
protection district is located, listed alphabetically, followed
by a number that is the next highest number available for a
fire protection district in the one of these counties that has the
greatest number of fire protection districts. [1989 c 63 § 18.]
[Title 52 RCW—page 10]
52.06.150 Merger of districts located in same
county—District name. A fire protection district resulting
from the merger of two or more fire protection districts
located in the same county shall be identified by the name of
the county and the number of the merger fire protection district. However, the fire protection district resulting from such
a merger shall be identified by the number of the merging district or one of the merging districts if a resolution providing
for this number change is adopted by the board of fire commissioners of the district resulting from the merger or if resolutions providing for this number change are adopted by each
of the boards of fire commissioners of the districts proposed
to be merged. [1992 c 74 § 3.]
52.06.150
Chapter 52.08
Chapter 52.08 RCW
WITHDRAWAL
Sections
52.08.001
52.08.011
52.08.021
52.08.025
52.08.032
52.08.035
52.08.041
52.08.051
Actions subject to review by boundary review board.
Withdrawal authorized.
Withdrawal by incorporation of part of district.
City may not be included within district—Exceptions—Withdrawal of city.
Levy for emergency medical care and services.
City withdrawn to determine fire and emergency medical protection methods—Contracts—Joint operations—Sale, lease,
etc., of property.
Taxes and assessments unaffected.
Commissioners residing in territory withdrawn—Vacancy created.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
52.08.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.08 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 44.]
52.08.001
52.08.011 Withdrawal authorized. Territory within a
fire protection district may be withdrawn from the district in
the same manner provided by law for withdrawal of territory
from water-sewer districts, as provided by chapter 57.28
RCW. [1999 c 153 § 61; 1984 c 230 § 54; 1955 c 111 § 1.
Formerly RCW 52.22.010.]
52.08.011
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Withdrawal or reannexation of areas: RCW 52.04.056.
52.08.021 Withdrawal by incorporation of part of
district. The incorporation of any previously unincorporated
land lying within a fire protection district shall operate to
automatically withdraw such lands from the fire protection
district. [1959 c 237 § 5; 1955 c 111 § 2. Formerly RCW
52.22.020.]
52.08.021
52.08.025 City may not be included within district—
Exceptions—Withdrawal of city. Effective January 1,
1960, every city or town, or portion thereof, which is situated
within the boundaries of a fire protection district shall
become automatically removed from such fire protection district, and no fire protection district shall thereafter include
any city or town, or portion thereof, within its boundaries
52.08.025
(2008 Ed.)
Powers—Burning Permits
except as provided for in RCW 52.02.020, 52.04.061,
52.04.071, 52.04.081, 52.04.101, and 52.04.161.
However, if the area which incorporates or is annexed
includes all of a fire protection district, the fire protection district, for purposes of imposing regular property taxes, shall
continue in existence: (1)(a) Until the first day of January in
the year in which the initial property tax collections of the
newly incorporated city or town will be made, if a resolution
is adopted under RCW 52.04.161 precluding annexation of
the city or town to the district; (b) until the city or town is
withdrawn from the fire protection district, if no such resolution is adopted and no ballot proposition under RCW
52.04.161 is approved; or (c) indefinitely, if such a ballot
proposition is approved; or (2) until the first day of January in
the year the annexing city or town will collect its property
taxes imposed on the newly annexed area. The members of
the city or town council or commission shall act as the board
of commissioners to impose, receive, and expend these property taxes. [1993 c 262 § 2; 1986 c 234 § 35; 1985 c 7 § 119;
1979 ex.s. c 179 § 6; 1959 c 237 § 6. Formerly RCW
52.22.030.]
52.08.032 Levy for emergency medical care and services. See RCW 84.52.069.
52.08.032
52.08.035 City withdrawn to determine fire and
emergency medical protection methods—Contracts—
Joint operations—Sale, lease, etc., of property. A city or
town encompassing territory withdrawn under chapter 52.08
RCW shall determine the most effective and feasible fire protection and emergency medical protection for the withdrawn
territory, or any part thereof, and the legislative authority of
the city or town and the commissioners of the fire protection
district may, without limitation of any other powers provided
by law:
(1) Enter into contracts to the same extent as fire protection districts and cities and towns may enter into contracts
under authority of RCW 52.12.031(3), and
(2) Sell, purchase, rent, lease, or exchange property of
every nature. [1984 c 230 § 55; 1959 c 237 § 8. Formerly
RCW 52.22.040.]
52.08.035
52.08.041 Taxes and assessments unaffected. The
provisions of RCW 57.28.110 shall apply to territory withdrawn from a fire protection district under the provision of
chapter 52.08 RCW. [1985 c 7 § 120; 1959 c 237 § 7. Formerly RCW 52.22.050.]
52.08.041
52.08.051 Commissioners residing in territory withdrawn—Vacancy created. Fire protection district commissioners residing in territory withdrawn from a fire protection
district shall be replaced in the manner provided for the filling of vacancies in RCW 52.14.050. [1984 c 230 § 56; 1959
c 237 § 9. Formerly RCW 52.22.060.]
52.08.051
Chapter 52.10
Sections
52.10.001
52.10.010
(2008 Ed.)
Chapter 52.10 RCW
DISSOLUTION
Actions subject to review by boundary review board.
Dissolution—Election method.
52.10.020
Chapter 52.12
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
52.10.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.10 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 45.]
52.10.001
52.10.010 Dissolution—Election method. Fire protection districts may be dissolved by a majority vote of the registered electors of the district at an election conducted by the
election officials of the county or counties in which the district is located in accordance with the general election laws of
the state. The proceedings for dissolution may be initiated by
the adoption of a resolution by the board of commissioners of
the district calling for the dissolution. The dissolution of the
district shall not cancel outstanding obligations of the district
or of a local improvement district within the district, and the
county legislative authority or authorities of the county or
counties in which the district was located may make annual
levies against the lands within the district until the obligations of the districts are paid. When the obligations are fully
paid, all moneys in district funds and all collections of unpaid
district taxes shall be transferred to the expense fund of the
county. Where the fire protection district that was dissolved
was located in more than one county, the amount of money
transferred to the expense fund of each county shall be in
direct proportion to the amount of assessed valuation of the
fire protection district that was located in each county at the
time of its dissolution. [1989 c 63 § 19; 1984 c 230 § 15;
1939 c 34 § 46; RRS § 5654-146. Formerly RCW 52.04.155.]
52.10.010
Dissolution of special purpose districts: Chapters 36.96 and 53.48 RCW.
52.10.020 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
52.10.020
Chapter 52.12
Chapter 52.12 RCW
POWERS—BURNING PERMITS
Sections
52.12.011
52.12.021
52.12.031
52.12.036
52.12.041
52.12.051
52.12.061
52.12.071
52.12.101
52.12.102
52.12.103
52.12.104
52.12.105
52.12.106
52.12.108
52.12.111
52.12.121
52.12.125
Status.
General powers.
Specific powers—Acquisition or lease of property or equipment—Contracts—Association of districts—Group life
insurance—Building inspections—Fire investigations.
Community revitalization financing—Public improvements.
Eminent domain.
Condemnation proceedings.
Contracts, promissory notes, deeds of trust, and mortgages for
purchase of property—Limit on indebtedness—Election,
when.
Liability insurance for officials and employees.
Burning permits authorized—Resolution.
Burning permits—Resolution to be published and posted.
Burning permits—Issuance—Contents.
Burning permits—Duties of permittee.
Burning permits—Penalty.
Burning permits—Penalty.
Burning permits—Liability for fire suppression costs.
Use of equipment and personnel beyond district boundaries—
Governmental function.
Use of equipment and personnel outside district—Duty of firefighter deemed duty for district—Benefits not impaired.
Reimbursement for fire suppression costs on state lands—
Limitations.
[Title 52 RCW—page 11]
52.12.011
52.12.131
52.12.135
52.12.140
52.12.150
Title 52 RCW: Fire Protection Districts
Emergency medical services—Establishment and collection of
charges.
Interlocal agreements for ambulance services.
Hazardous materials response teams.
Setting fires for firefighter instruction—When burning permit
not required—Notice, inspection required.
Association of fire commissioners to furnish information to legislature and
governor: RCW 44.04.170.
52.12.011 Status. Fire protection districts created under
this title are political subdivisions of the state and shall be
held to be municipal corporations within the laws and Constitution of the state of Washington. A fire protection district
shall constitute a body corporate and possess all the usual
powers of a corporation for public purposes as well as all
other powers that may now or hereafter be specifically conferred by law. [1984 c 230 § 18; 1967 c 164 § 5; 1939 c 34 §
15; RRS § 5654-115. Formerly RCW 52.08.010.]
52.12.011
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions, municipal corporations, and
quasi municipal corporations, liability for damages: Chapter 4.96
RCW.
52.12.021 General powers. Fire protection districts
have full authority to carry out their purposes and to that end
may acquire, purchase, hold, lease, manage, occupy, and sell
real and personal property, or any interest therein, to enter
into and to perform any and all necessary contracts, to
appoint and employ the necessary officers, agents, and
employees, to sue and be sued, to exercise the right of eminent domain, to levy and enforce the collection of assessments and special taxes in the manner and subject to the limitations provided in this title against the lands within the district for district revenues, and to do any and all lawful acts
required and expedient to carry out the purpose of this title.
[1984 c 230 § 19; 1939 c 34 § 16; RRS § 5654-116. Formerly
RCW 52.08.020.]
52.12.021
52.12.031 Specific powers—Acquisition or lease of
property or equipment—Contracts—Association of districts—Group life insurance—Building inspections—Fire
investigations. Any fire protection district organized under
this title may:
(1) Lease, acquire, own, maintain, operate, and provide
fire and emergency medical apparatus and all other necessary
or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency
medical services and the protection of life and property;
(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and
maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;
(3) Contract with any governmental entity under chapter
39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so
contracting, the district or governmental entity is deemed for
all purposes to be acting within its governmental capacity.
This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical
services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
52.12.031
[Title 52 RCW—page 12]
(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other
district purposes, to hold and attend meetings, and to promote
more economical and efficient operation of the associated
fire protection districts. The commissioners of fire protection
districts in the association shall adopt articles of association
or articles of incorporation for a nonprofit corporation, select
a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees
as the officers deem convenient to carry out the purposes of
the association. The expenses of the association may be paid
from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to
the association by a district in a calendar year shall not
exceed two and one-half cents per thousand dollars of
assessed valuation;
(5) Enter into contracts to provide group life insurance
for the benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the
district deems necessary to provide fire prevention services
and pre-fire planning within the district and any area that the
district serves by contract in accordance with RCW
19.27.110: PROVIDED, That codes used by the district for
building and property inspections shall be limited to the
applicable codes adopted by the state, county, city, or town
that has jurisdiction over the area in which the property is
located. A copy of inspection reports prepared by the district
shall be furnished by the district to the appropriate state,
county, city, or town that has jurisdiction over the area in
which the property is located: PROVIDED, That nothing in
this subsection shall be construed to grant code enforcement
authority to a district. This subsection shall not be construed
as imposing liability on any governmental jurisdiction;
(7) Determine the origin and cause of fires occurring
within the district and any area the district serves by contract.
In exercising the authority conferred by this subsection, the
fire protection district and its authorized representatives shall
comply with the provisions of *RCW 48.48.060;
(8) Perform acts consistent with this title and not otherwise prohibited by law. [1995 c 369 § 65; 1986 c 311 § 1;
1984 c 238 § 1; 1973 1st ex.s. c 195 § 48; 1963 c 101 § 1;
1959 c 237 § 2; 1947 c 254 § 6; 1941 c 70 § 4; 1939 c 34 §
20; Rem. Sup p. 19 47 § 565 4-1 20. For merly RCW
52.08.030.]
*Reviser’s note: RCW 48.48.060 was recodified as RCW 43.44.050
pursuant to 2006 c 25 § 13.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Hospitalization and medical insurance authorized: RCW 41.04.180.
Use of city fire apparatus beyond city limits: RCW 35.84.040.
52.12.036 Community revitalization financing—
Public improvements. In addition to other authority that a
fire protection district possesses, a fire protection district may
provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
52.12.036
(2008 Ed.)
Powers—Burning Permits
This section does not limit the authority of a fire protection district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 17.]
Severability—2001 c 212: See RCW 39.89.902.
52.12.104
The term "value of the taxable property" shall have the
meaning set forth in RCW 39.36.015. [1984 c 230 § 27; 1970
ex.s. c 42 § 29; 1965 c 21 § 1. Formerly RCW 52.08.080.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
52.12.041
52.12.041 Eminent domain. The taking and damaging
of property or property rights by a fire protection district to
carry out the purposes of its organization are declared to be
for a public use. A district organized under this title may
exercise the power of eminent domain to acquire property or
property rights either inside or outside the district, for the use
of the district. A district exercising the power of eminent
domain shall proceed in the name of the district in the manner
provided by law for the appropriation of real property or of
real property rights by private corporations. [1984 c 230 §
20; 1939 c 34 § 18; RRS § 5654-118. Formerly RCW
52.08.040.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9); chapter
8.20 RCW.
52.12.051
52.12.051 Condemnation proceedings. A fire protection district may unite in a single action, proceedings to condemn property which is held by separate owners. Two or
more condemnation suits instituted separately may also, in
the discretion of the court, upon a motion of an interested
party, be consolidated into a single action. In these cases, the
jury shall render separate verdicts for each tract of land in different ownership. A finding of the jury or decree of the court
as to damages shall not in any manner be construed to abridge
or destroy the right of the district to levy and collect taxes for
district purposes against the uncondemned land situated
within the district. The title acquired by a fire protection district in condemnation proceedings shall be the fee simple title
or a lesser estate as designated in the decree of appropriation.
[1984 c 230 § 21; 1939 c 34 § 19; RRS § 5654-119. Formerly
RCW 52.08.050.]
52.12.061
52.12.061 Contracts, promissory notes, deeds of
trust, and mortgages for purchase of property—Limit on
indebtedness—Election, when. Fire protection districts
may execute executory conditional sales contracts, installment promissory notes secured by a deed of trust, or mortgages with a governmental entity or a private party for the
purchase or sale of any real or personal property, or property
rights: PROVIDED, That the purchase price specified in a
contract or promissory note to purchase property does not
result in a total indebtedness in excess of three-eighths of one
percent of the value of the taxable property in the fire protection district: PROVIDED FURTHER, That if a proposed
purchase contract or promissory note would result in a total
indebtedness in excess of that amount, a proposition to determine whether that contract or promissory note may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes
are submitted to the voters: AND PROVIDED FURTHER,
That a fire protection district may jointly execute contracts,
promissory notes, deeds of trust, or mortgages authorized by
this section with any governmental entity.
(2008 Ed.)
52.12.071 Liability insurance for officials and
employees. The board of commissioners of each fire district
may purchase liability insurance with limits it deems reasonable for the purpose of protecting its officials and employees
against liability for personal or bodily injuries and property
damage arising from their acts or omissions while performing
or in good faith purporting to perform their official duties.
[1984 c 230 § 28; 1973 c 125 § 3. Formerly RCW 52.08.090.]
52.12.071
52.12.101 Burning permits authorized—Resolution.
In any district in which the commissioners have adopted and
published a resolution assuming the authority of issuing
burning permits, a person, firm, or corporation shall not start,
permit, or cause to be started or permitted an open fire on any
land within a fire protection district, without a written permit
issued by the district under terms and conditions as the district establishes by resolution. A fire district shall not assume
authority to issue a burning permit for a fire on any forest or
cut over land, except as otherwise provided by law. A fire
district shall have the authority to revoke a permit issued by
the district for the protection of life or property or to prevent
or abate the nuisances caused by such burning. [1987 c 21 §
1; 1984 c 229 § 1; 1947 c 254 § 20; Rem. Supp. 1947 § 5654151i. Formerly RCW 52.28.010.]
52.12.101
52.12.102 Burning permits—Resolution to be published and posted. The commissioners of a district may
adopt a resolution authorizing the district to issue fire permits
and establishing the terms and conditions under which the
permit shall be issued. Notice of the resolution shall be published once a week for three consecutive weeks in a newspaper published in the county and of general circulation in the
district and post it in three public places in the district. The
affidavit of publication by the publisher and of the clerk of
the district of the posting shall be filed in the records of the
district. Ten days after the posting and the last publication,
the resolution shall take effect. [1984 c 229 § 2; 1947 c 254
§ 21; Rem. Supp. 1947 § 5654-151j. Formerly RCW
52.28.020.]
52.12.102
52.12.103 Burning permits—Issuance—Contents.
Burning permits may be issued upon request, by the persons
authorized by the commissioners when the issuing officer
deems it appropriate. The permit shall designate the premises
and the exact location where the fire may be started and permitted, the nature of the material to be burned, the time limit
of the permit, and may contain any special requirements and
conditions pertaining to the fire and the control of the fire as
the issuing officer deems appropriate. [1984 c 229 § 3; 1947
c 254 § 22; Rem. Supp. 1947 § 5654-151k. Formerly RCW
52.28.030.]
52.12.103
52.12.104 Burning permits—Duties of permittee.
The permittee shall comply with the terms and conditions of
52.12.104
[Title 52 RCW—page 13]
52.12.105
Title 52 RCW: Fire Protection Districts
the permit, and shall maintain a responsible person in charge
of the fire at all times who shall maintain the fire under control, not permit it to spread to other property or structures, and
extinguish the fire when the authorized burning is completed
or when directed by district personnel. The possession of a
permit shall not relieve the permittee from liability for damages resulting from the fire for which the permittee may otherwise be liable. [1984 c 229 § 4; 1947 c 254 § 23; Rem.
Supp. 1947 § 5654-151l. Formerly RCW 52.28.040.]
Crimes relating to fires: Chapter 9A.48 RCW.
Liability for fire damage: RCW 4.24.040, 4.24.050, 4.24.060, 76.04.495,
76.04.750.
52.12.105 Burning permits—Penalty. The violation
of or failure to comply with any provision of this chapter pertaining to fire permits, or of any term or condition of the permit, is a misdemeanor. [1947 c 254 § 24; Rem. Supp. 1947 §
5654-151m. Formerly RCW 52.28.050.]
52.12.105
52.12.106 Burning permits—Penalty. The violation
of or failure to comply with any provision of this chapter pertaining to fire permits, or of any term or condition of the permit, is a misdemeanor. [1984 c 229 § 5.]
52.12.106
52.12.108 Burning permits—Liability for fire suppression costs. If a person starts a fire without a permit or if
a permit holder fails to comply with any provision of this
chapter pertaining to fire permits, or of any term or condition
of the permit, and as a result of that failure the district is
required to suppress a fire, the person or permit holder is liable to the district to reimburse it for the costs of the fire suppression services. [1984 c 229 § 6.]
52.12.108
52.12.111 Use of equipment and personnel beyond
district boundaries—Governmental function. A fire protection district may permit, under conditions prescribed by
the fire commissioners of the district, the use of its equipment
and personnel beyond the boundaries of the district. Any use
made of the equipment or personnel under this section shall
be deemed an exercise of a governmental function of the district. [1984 c 230 § 77; 1980 c 43 § 1; 1969 c 88 § 2. Formerly RCW 52.36.025.]
52.12.111
52.12.121 Use of equipment and personnel outside
district—Duty of firefighter deemed duty for district—
Benefits not impaired. If a firefighter engages in any duty
outside the boundaries of the district the duty shall be considered as part of the duty as firefighter for the district, and a
firefighter who is injured while engaged in duties outside the
boundaries of the district shall be entitled to the same benefits
that the firefighter or the firefighter’s dependents would be
entitled to receive if the injury occurred within the district.
[1984 c 230 § 78; 1969 c 88 § 3. Formerly RCW 52.36.027.]
52.12.121
52.12.125 Reimbursement for fire suppression costs
on state lands—Limitations. Fire protection districts in
proximity to land protected by a state agency are encouraged
to enter into mutually beneficial contracts covering reciprocal
response arrangements. In the absence of such a contractual
agreement, a fire protection district that takes immediate
52.12.125
[Title 52 RCW—page 14]
action on such land outside of its jurisdictional boundaries, if
such immediate response could prevent the spread of the fire
onto lands protected by the district, shall be reimbursed by
the state agency for its reasonable fire suppression costs that
are incurred until the responsible agency takes charge, but in
no event shall the costs exceed a twenty-four hour period. A
fire protection district suppressing a fire on such lands shall
as soon as practicable notify the responsible agency. The
state agency shall not be responsible to pay such reimbursement if it is not so notified.
Reasonable efforts shall be taken to protect evidence of
the fire’s origin. The state agency shall not be responsible to
pay such reimbursement if reasonable efforts are not taken to
protect such evidence.
Requests for reimbursement shall be submitted within
thirty days of the complete suppression of the fire. Reasonable costs submitted for reimbursement include all salaries
and expenses of personnel, equipment, and supplies and shall
take into consideration the amount of compensation, if any,
paid by the fire protection district to its firefighters. [1986 c
311 § 2.]
52.12.131 Emergency medical services—Establishment and collection of charges. Any fire protection district
which provides emergency medical services, may by resolution establish and collect reasonable charges for these services in order to reimburse the district for its costs of providing emergency medical services. [1984 c 230 § 81; 1975 c 64
§ 1. Formerly RCW 52.36.090.]
52.12.131
52.12.135 Interlocal agreements for ambulance services. (1) A rural fire protection district organized under this
title may enter into a contract pursuant to chapter 39.34 RCW
with a contiguous city for the furnishing by the city to the fire
protection district or districts of emergency medical services
in the form of ambulance services, provided that the contract
may not provide for the establishment of any ambulance service that would compete with any existing, private ambulance service. The fire protection district or districts may
impose a monthly utility service charge on each developed
residential property located in the portion of the fire protection district or districts served pursuant to the contract in an
amount equal to the amount imposed by the city on similar
city developed residential property. Developed residential
property includes single-family residences, apartments, manufactured homes, mobile homes, and trailers available for
occupancy for a continuous period greater than thirty days. A
fire protection district or districts may contract with the contiguous city or with any other governmental entity pursuant
to chapter 39.34 RCW for the billing and collection services
related to the monthly utility service charge for ambulance
service. A city providing ambulance services to a fire protection district or districts under a contract entered into pursuant
to this subsection may charge individuals actually using the
ambulance services reasonable rates and charges for the
ambulance services.
(2) For purposes of this section, "rural" means a population density within the fire protection district or districts as a
whole of ten or fewer persons per square mile. [2003 c 209 §
1.]
52.12.135
(2008 Ed.)
Commissioners
52.12.140 Hazardous materials response teams. Fire
protection districts may cooperate and participate with counties, cities, or towns in providing hazardous materials
response teams under the county, city, or town emergency
management plan provided for in RCW 38.52.070. The participation and cooperation shall be pursuant to an agreement
or contract entered into under chapter 39.34 RCW. [1986 c
278 § 49.]
52.12.140
52.14.060
52.14.070
52.14.080
52.14.090
52.14.100
52.14.110
52.14.120
52.14.130
52.14.010
Commissioner’s terms.
Oath of office.
Chairman—Secretary—Duties and oath.
Office—Meetings.
Meetings—Powers and duties of board.
Purchases and public works—Competitive bids required—
Exceptions.
Purchases and public works—Competitive bidding procedures.
Low bidder claiming error—Prohibition on later bid for same
project.
Severability—1986 c 278: See note following RCW 36.01.010.
52.14.010 Number—Qualifications—Insurance—
Compensation and expenses—Service as volunteer firefighter. The affairs of the district shall be managed by a
board of fire commissioners composed of three registered
voters residing in the district except as provided in RCW
52.14.015 and 52.14.020. Each member shall each receive
ninety dollars per day or portion thereof, not to exceed eight
thousand six hundred forty dollars per year, for time spent in
actual attendance at official meetings of the board or in performance of other services or duties on behalf of the district.
In addition, they shall receive necessary expenses
incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to
receive the same insurance available to all firefighters of the
district: PROVIDED, That the premiums for such insurance,
except liability insurance, shall be paid by the individual
commissioners who elect to receive it.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the secretary as provided in this section. The
waiver, to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify
the month or period of months for which it is made.
The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The
board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer firefighters
without compensation. A commissioner actually serving as a
volunteer firefighter may enjoy the rights and benefits of a
volunteer firefighter.
The dollar thresholds established in this section must be
adjusted for inflation by the office of financial management
every five years, beginning July 1, 2008, based upon changes
in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s
annual average consumer price index, for Washington state,
for wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of
labor. If the bureau of labor and statistics develops more than
one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the adjustments for inflation in this
section. The office of financial management must calculate
the new dollar threshold and transmit it to the office of the
code reviser for publication in the Washington State Register
at least one month before the new dollar threshold is to take
effect.
A person holding office as commissioner for two or
more special purpose districts shall receive only that per diem
52.14.010
52.12.150 Setting fires for firefighter instruction—
When burning permit not required—Notice, inspection
required. Without obtaining a permit issued under RCW
70.94.650, fire protection district firefighters may set fire to
structures located outside of urban growth areas in counties
that plan under the requirements of RCW 36.70A.040, and
outside of any city with a population of ten thousand or more
in all other counties, for instruction in methods of fire fighting, if all of the following conditions are met:
(1) In consideration of prevailing air patterns, the fire is
unlikely to cause air pollution in areas of sensitivity downwind of the proposed fire location;
(2) The fire is not located in an area that is declared to be
in an air pollution episode or any stage of an impaired air
quality as defined in RCW 70.94.715 and 70.94.473;
(3) Nuisance laws are applicable to the fire, including
nuisances related to the unreasonable interference with the
enjoyment of life and property and the depositing of particulate matter or ash on other property;
(4) Notice of the fire is provided to the owners of property adjoining the property on which the fire will occur, to
other persons who potentially will be impacted by the fire,
and to additional persons in a broader manner as specifically
requested by the local air pollution control agency or the
department of ecology;
(5) Each structure that is proposed to be set on fire must
be identified specifically as a structure to be set on fire. Each
other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a
structure not to be set on fire; and
(6) Before setting a structure on fire, a good-faith inspection is conducted by the fire agency or fire protection district
conducting the training fire to determine if materials containing asbestos are present, the inspection is documented in
writing and forwarded to the appropriate local air authority or
the department of ecology if there is no local air authority,
and asbestos that is found is removed as required by state and
federal laws. [2000 c 199 § 1; 1994 c 28 § 1.]
52.12.150
Chapter 52.14
Chapter 52.14 RCW
COMMISSIONERS
Sections
52.14.010
52.14.013
52.14.015
52.14.017
52.14.020
52.14.030
52.14.050
(2008 Ed.)
Number—Qualifications—Insurance—Compensation and
expenses—Service as volunteer firefighter.
Commissioner districts—Creation—Boundaries.
Increase from three to five commissioners—Election.
Decrease from five to three commissioners—Election—Disposition of commissioner districts.
Number in district having full-time, fully-paid personnel—
Terms of first appointees.
Polling places.
Vacancies.
[Title 52 RCW—page 15]
52.14.013
Title 52 RCW: Fire Protection Districts
compensation authorized for one of his or her commissioner
positions as compensation for attending an official meeting
or conducting official services or duties while representing
more than one of his or her districts. However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions. [2007 c 469 § 2; 1998 c 121 § 2; 1994 c 223 § 48; 1985
c 330 § 2; 1980 c 27 § 1; 1979 ex.s. c 126 § 31; 1973 c 86 §
1; 1971 ex.s. c 242 § 2; 1969 ex.s. c 67 § 1; 1967 c 51 § 1;
1965 c 112 § 1; 1959 c 237 § 4; 1957 c 238 § 1; 1945 c 162 §
3; 1939 c 34 § 22; Rem. Supp. 1945 § 5654-122. Formerly
RCW 52.12.010.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Terms of commissioners: RCW 52.14.060.
52.14.013 Commissioner districts—Creation—
Boundaries. The board of fire commissioners of a fire protection district may adopt a resolution by unanimous vote
causing a ballot proposition to be submitted to voters of the
district authorizing the creation of commissioner districts.
The board of fire commissioners shall create commissioner
districts if the ballot proposition authorizing the creation of
commissioner districts is approved by a simple majority vote
of the voters of the fire protection district voting on the proposition. Three commissioner districts shall be created for a
fire protection district with three commissioners, and five
commissioner districts shall be created for a fire protection
district with five commissioners. No two commissioners may
reside in the same commissioner district.
No change in the boundaries of any commissioner district shall be made within one hundred twenty days next
before the date of a general district election, nor within
twenty months after the commissioner districts have been
established or altered. However, if a boundary change results
in one commissioner district being represented by two or
more commissioners, those commissioners having the shortest unexpired terms shall be assigned by the commission to
commissioner districts where there is a vacancy, and the
commissioners so assigned shall be deemed to be residents of
the commissioner districts to which they are assigned for purposes of determining whether those positions are vacant.
The population of each commissioner district shall
include approximately equal population. Commissioner districts shall be redrawn as provided in *chapter 29.70 RCW.
Commissioner districts shall be used as follows: (1) Only a
registered voter who resides in a commissioner district may
be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire
fire protection district may vote at a general election to elect
a person as a commissioner of the commissioner district.
When a board of fire commissioners that has commissioner districts has been increased to five members under
RCW 52.14.015, the board of fire commissioners shall divide
the fire protection district into five commissioner districts
before it appoints the two additional fire commissioners. The
two additional fire commissioners who are appointed shall
reside in separate commissioner districts in which no other
fire commissioner resides. [1994 c 223 § 49; 1992 c 74 § 2.]
52.14.013
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
[Title 52 RCW—page 16]
Creation of commissioner districts upon merger: RCW 52.06.085.
52.14.015 Increase from three to five commissioners—Election. In the event a three member board of commissioners of any fire protection district determines by resolution that it would be in the best interest of the district to
increase the number of commissioners from three to five, or
in the event the board is presented with a petition signed by
ten percent of the registered voters resident within the district
who voted in the last general municipal election calling for
such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which
the district is located requesting that an election be held.
Upon receipt of the resolution, the legislative authority or
authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters
substantially as follows:
52.14.015
Shall the board of commissioners of . . . . . county fire
protection district no. . . . . . be increased from three members
to five members?
Yes . . . . .
No . . . . . .
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the
election, the board of commissioners of the fire protection
district shall be increased to five members. The two additional members shall be appointed in the same manner as provided in RCW 52.14.020. [1994 c 223 § 50; 1990 c 259 § 14;
1989 c 63 § 20; 1984 c 230 § 85.]
52.14.017 Decrease from five to three commissioners—Election—Disposition of commissioner districts.
Except as provided in RCW 52.14.020, in the event a fivemember board of commissioners of any fire protection district determines by resolution that it would be in the best
interest of the fire district to decrease the number of commissioners from five to three, or in the event the board is presented with a petition signed by ten percent of the registered
voters resident within the district who voted in the last general municipal election calling for such a decrease in the
number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located
requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or
counties shall call a special election to be held within the fire
protection district at which election the following proposition
shall be submitted to the voters substantially as follows:
52.14.017
Shall the board of commissioners of . . . . . . county fire
protection district no. . . . be decreased from five members to
three members?
Yes . . .
No . . . .
(2008 Ed.)
Commissioners
If the fire protection district has commissioner districts,
the commissioners of the district must pass a resolution,
before the submission of the proposition to the voters, to
either redistrict from five commissioner districts to three
commissioner districts or eliminate the commissioner districts. The resolution takes effect upon approval of the proposition by the voters.
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the
election, the board of commissioners of the fire protection
district shall be decreased to three members. The two members shall be decreased in accordance with RCW 52.06.085.
[1997 c 43 § 1.]
52.14.020 Number in district having full-time, fullypaid personnel—Terms of first appointees. In a fire protection district maintaining a fire department consisting
wholly of personnel employed on a full-time, fully-paid
basis, there shall be five fire commissioners. The two positions created on boards of fire commissioners by this section
shall be filled initially as for a vacancy, except that the
appointees shall draw lots, one appointee to serve until the
next general fire district election after the appointment, at
which two commissioners shall be elected for six-year terms,
and the other appointee to serve until the second general fire
district election after the appointment, at which two commissioners shall be elected for six-year terms. [1984 c 230 § 29;
1971 ex.s. c 242 § 3. Formerly RCW 52.12.015.]
52.14.020
52.14.030 Polling places. The polling places for a fire
protection district election may be located inside or outside
the boundaries of the district, as determined by the auditor of
the county in which the fire protection district is located, and
the elections of the fire protection district shall not be held to
be irregular or void on that account. [1994 c 223 § 51; 1984
c 230 § 31; 1939 c 34 § 24; RRS § 5654-124. Formerly RCW
52.12.030.]
52.14.030
52.14.080
district. If the district is not authorized to be created, the election of the initial fire commissioners shall be null and void. If
the district is authorized to be created, the initial fire commissioners shall take office immediately when qualified. Candidates shall file for each of the three separate fire commissioner positions. Elections shall be held as provided in *chapter 29.21 RCW, with the county auditor opening up a special
filing period as provided in **RCW 29.15.170 and
29.15.180, as if there were a vacancy. The person who
receives the greatest number of votes for each position shall
be elected to that position. The terms of office of the initial
fire commissioners shall be staggered as follows: (1) The
person who is elected receiving the greatest number of votes
shall be elected to a six-year term of office if the election is
held in an odd-numbered year or a five-year term of office if
the election is held in an even-numbered year; (2) the person
who is elected receiving the next greatest number of votes
shall be elected to a four-year term of office if the election is
held in an odd-numbered year or a three-year term of office if
the election is held in an even-numbered year; and (3) the
other person who is elected shall be elected to a two-year
term of office if the election is held in an odd-numbered year
or a one-year term of office if the election is held in an evennumbered year. The initial commissioners shall take office
immediately when elected and qualified and their terms of
office shall be calculated from the first day of January in the
year following their election.
The term of office of each subsequent commissioner
shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with **RCW 29.04.170. [1994 c 223 § 53; 1989 c 63
§ 22; 1984 c 230 § 33; 1979 ex.s. c 126 § 33; 1939 c 34 § 27;
RRS § 5654-127. Formerly RCW 52.12.060.]
Reviser’s note: *(1) Chapter 29.21 RCW was recodified as chapter
29A.52 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.15.170, 29.15.180, and 29.04.170 were recodified as
RCW 29A.24.170, 29A.24.180, and 29A.20.040, respectively, pursuant to
2003 c 111 § 2401, effective July 1, 2004. RCW 29A.24.170 and
29A.24.180 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170 and 29A.24.180, see RCW 29A.24.171 and
29A.24.181, respectively.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
52.14.050 Vacancies. Vacancies on a board of fire
commissioners shall occur as provided in chapter 42.12
RCW. In addition, if a fire commissioner is absent from the
district for three consecutive regularly scheduled meetings
unless by permission of the board, the office shall be declared
vacant by the board of commissioners. However, such an
action shall not be taken unless the commissioner is notified
by mail after two consecutive unexcused absences that the
position will be declared vacant if the commissioner is absent
without being excused from the next regularly scheduled
meeting. Vacancies on a board of fire commissioners shall be
filled as provided in chapter 42.12 RCW. [1994 c 223 § 52;
1989 c 63 § 21; 1984 c 238 § 2; 1977 c 64 § 1; 1974 ex.s. c 17
§ 1; 1971 ex.s. c 153 § 1; 1939 c 34 § 26; RRS § 5654-126.
Formerly RCW 52.12.050.]
52.14.050
52.14.060 Commissioner’s terms. The initial three
members of the board of fire commissioners shall be elected
at the same election as when the ballot proposition is submitted to the voters authorizing the creation of the fire protection
52.14.060
(2008 Ed.)
52.14.070 Oath of office. Before beginning the duties
of office, each fire commissioner shall take and subscribe the
official oath for the faithful discharge of the duties of office
as required by *RCW 29.01.135, which oath shall be filed in
the office of the auditor of the county in which all, or the largest portion of, the district is located. [1989 c 63 § 23; 1986 c
167 § 22; 1984 c 230 § 34; 1939 c 34 § 29; RRS § 5654-129.
Formerly RCW 52.12.070.]
52.14.070
*Reviser’s note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—1986 c 167: See note following RCW 29A.04.049.
52.14.080 Chairman—Secretary—Duties and oath.
The fire commissioners shall elect a chairman from their
number and shall appoint a secretary of the district, who may
or may not be a member of the board, for such term as they
shall by resolution determine. The secretary, if a member of
the board, shall not receive additional compensation for serving as secretary.
52.14.080
[Title 52 RCW—page 17]
52.14.090
Title 52 RCW: Fire Protection Districts
The secretary of the district shall keep a record of the
proceedings of the board, shall perform other duties as prescribed by the board or by law, and shall take and subscribe
an official oath similar to that of the fire commissioners
which oath shall be filed in the same office as that of the commissioners. [1984 c 230 § 35; 1965 c 112 § 2; 1939 c 34 § 30;
RRS § 5654-130. Formerly RCW 52.12.080.]
(4) Any contract for purchases or public work pursuant
to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work. [2001 c 79 § 1;
2000 c 138 § 209; 1998 c 278 § 5; 1993 c 198 § 11; 1984 c
238 § 3.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
52.14.120 Purchases and public works—Competitive
bidding procedures. (1) Notice of the call for bids shall be
given by publishing the notice in a newspaper of general circulation within the district at least thirteen days before the
last date upon which bids will be received. If no bid is
received on the first call, the commissioners may readvertise
and make a second call, or may enter into a contract without
a further call.
(2) A public work involving three or more specialty contractors requires that the district retain the services of a general contractor as defined in RCW 18.27.010. [1993 c 198 §
12; 1984 c 238 § 4.]
52.14.120
52.14.090
52.14.090 Office—Meetings. (1) The office of the fire
commissioners and principal place of business of the district
shall be at some place within the county in which the district
is situated, to be designated by the board of fire commissioners.
(2) The board shall hold regular monthly meetings at a
place and date as it determines by resolution, and may
adjourn its meetings as required for the proper transaction of
business. Special meetings of the board shall be called at any
time under the provisions of RCW 42.30.080. [1984 c 230 §
36; 1947 c 254 § 8; 1939 c 34 § 31; Rem. Supp. 1947 § 5654131. Formerly RCW 52.12.090.]
52.14.130 Low bidder claiming error—Prohibition
on later bid for same project. A low bidder who claims
error and fails to enter into a contract with a fire protection
district for a public works project is prohibited from bidding
on the same project if a second or subsequent call for bids is
made for the project. [1996 c 18 § 10.]
52.14.130
52.14.100 Meetings—Powers and duties of board.
All meetings of the board of fire commissioners shall be conducted in accordance with chapter 42.30 RCW and a majority
constitutes a quorum for the transaction of business. All
records of the board shall be open to inspection in accordance
with chapter 42.56 RCW. The board has the power and duty
to adopt a seal of the district, to manage and conduct the business affairs of the district, to make and execute all necessary
contracts, to employ any necessary services, and to adopt reasonable rules to govern the district and to perform its functions, and generally to perform all such acts as may be necessary to carry out the objects of the creation of the district.
[2005 c 274 § 326; 1984 c 230 § 37; 1939 c 34 § 32; RRS §
5654-132. Formerly RCW 52.12.100.]
52.14.100
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Open public meetings: Chapters 42.30, 42.32 RCW.
52.14.110 Purchases and public works—Competitive
bids required—Exceptions. Insofar as practicable, purchases and any public works by the district shall be based on
competitive bids. A formal sealed bid procedure shall be used
as standard procedure for purchases and contracts for purchases executed by the board of commissioners. Formal
sealed bidding shall not be required for:
(1) The purchase of any materials, supplies, or equipment if the cost will not exceed the sum of ten thousand dollars. However, whenever the estimated cost does not exceed
fifty thousand dollars, the commissioners may by resolution
use the process provided in RCW 39.04.190 to award contracts;
(2) Contracting for work to be done involving the construction or improvement of a fire station or other buildings
where the estimated cost will not exceed the sum of two thousand five hundred dollars, which includes the costs of labor,
material, and equipment;
(3) Contracts using the small works roster process under
RCW 39.04.155; and
52.14.110
[Title 52 RCW—page 18]
Chapter 52.16
Chapter 52.16 RCW
FINANCES
Sections
52.16.010
52.16.020
52.16.030
52.16.040
52.16.050
52.16.061
52.16.070
52.16.080
52.16.130
52.16.140
52.16.150
52.16.160
52.16.170
County treasurer as financial agent.
Funds.
Budget for each fund.
Tax levies—Assessment roll—Collection.
Disbursal of funds—Issuance of warrants—Monthly reports.
General obligation bonds—Issuance—Limitations.
Obligations shall not exceed taxes, revenues, and cash balances—Exceptions.
Bonds may be issued for capital purposes—Excess property
tax levies.
General levy authorized—Limit—Excess levy at special election.
General levy may exceed limit—When.
Donations and bequests to district.
Tax levy authorized.
Taxation and assessment of lands lying both within a fire protection district and forest protection assessment area.
52.16.010 County treasurer as financial agent. It is
the duty of the county treasurer of the county in which all, or
the largest portion of, any fire protection district created
under this title is located to receive and disburse district revenues, to collect taxes and assessments authorized and levied
under this title, and to credit district revenues to the proper
fund. However, where a fire protection district is located in
more than one county, the county treasurer of each other
county in which the district is located shall collect the fire
protection district’s taxes and assessments that are imposed
on property located within the county and transfer these
funds to the county treasurer of the county in which the largest portion of the district is located. [1989 c 63 § 24; 1984 c
230 § 38; 1939 c 34 § 33; RRS § 5654-133.]
52.16.010
(2008 Ed.)
Finances
52.16.020 Funds. In each county in which a fire protection district is situated, there shall be in the county treasurer’s
office of each district the following funds: (1) Expense fund;
(2) reserve fund; (3) local improvement district No. . . . .
fund; (4) general obligation bond fund; and (5) such other
funds as the board of commissioners of the district may establish. Taxes levied for administrative, operative, and maintenance purposes and for the purchase of fire fighting and
emergency medical equipment and apparatus and for the purchase of real property, when collected, and proceeds from the
sale of general obligation bonds shall be placed by the county
treasurer in the proper fund. Taxes levied for the payment of
general obligation bonds and interest thereon, when collected, shall be placed by the county treasurer in the general
obligation bond fund. The board of fire commissioners may
include in its annual budget items of possible outlay to be
provided for and held in reserve for any district purpose, and
taxes shall be levied therefor. Such taxes, when collected,
shall be placed by the county treasurer in the reserve fund.
The reserve fund, or any part of it, may be transferred by the
county treasurer to other funds of the district at any time by
order of the board of fire commissioners. Special assessments
levied against the lands in any improvement district within
the district, when collected, shall be placed by the county
treasurer in the local improvement district fund for the local
improvement district. [1984 c 230 § 39; 1983 c 167 § 120;
1959 c 221 § 1; 1955 c 134 § 1; 1953 c 176 § 2; 1951 2nd
ex.s. c 24 § 1; 1949 c 22 § 1; 1947 c 254 § 9; 1939 c 34 § 34;
Rem. Supp. 1949 § 5654-134.]
52.16.020
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
52.16.030 Budget for each fund. Annually after the
county board or boards of equalization of the county or counties in which the district is located have equalized the assessments for general tax purposes in that year, the secretary of
the district shall prepare and certify a budget of the requirements of each district fund, and deliver it to the county legislative authority or authorities of the county or counties in
which the district is located in ample time for the tax levies to
be made for district purposes. [1989 c 63 § 25; 1984 c 230 §
40; 1939 c 34 § 35; RRS § 5654-135.]
52.16.030
52.16.040 Tax levies—Assessment roll—Collection.
At the time of making general tax levies in each year the
county legislative authority or authorities of the county or
counties in which a fire protection district is located shall
make the required levies for district purposes against the real
and personal property in the district in accordance with the
equalized valuations of the property for general tax purposes
and as a part of the general taxes. The tax levies shall be a part
of the general tax roll and shall be collected as a part of the
general taxes against the property in the district. [1989 c 63
§ 26; 1984 c 230 § 41; 1939 c 34 § 36; RRS § 5654-136.]
52.16.040
Levy of taxes: Chapter 84.52 RCW.
52.16.050 Disbursal of funds—Issuance of warrants—Monthly reports. (1) Except as provided in subsections (2) and (3) of this section, the county treasurer shall pay
out money received for the account of the district on warrants
issued by the county auditor against the proper funds of the
52.16.050
(2008 Ed.)
52.16.061
district. The warrants shall be issued on vouchers approved
and signed by a majority of the district board and by the district secretary.
(2) The board of fire commissioners of a district that had
an annual operating budget of five million or more dollars in
each of the preceding three years may by resolution adopt a
policy to issue its own warrants for payment of claims or
other obligations of the fire district. The board of fire commissioners, after auditing all payrolls and bills, may authorize
the issuing of one general certificate to the county treasurer,
to be signed by the chair of the board of fire commissioners,
authorizing the county treasurer to pay all the warrants specified by date, number, name, and amount, and the accounting
funds on which the warrants shall be drawn; thereupon the
district secretary may issue the warrants specified in the general certificate.
(3) The board of fire commissioners of a district that had
an annual operating budget of greater than two hundred fifty
thousand dollars and under five million dollars in each of the
preceding three years may upon agreement between the
county treasurer and the fire district commission, with
approval of the fire district commission by resolution, adopt
a policy to issue its own warrants for payment of claims or
other obligations of the fire district. The board of fire commissioners, after auditing all payrolls and bills, may authorize
the issuing of one general certificate to the county treasurer,
to be signed by the chair of the board of fire commissioners,
authorizing the county treasurer to pay all the warrants specified by date, number, name, and amount, and the accounting
funds on which the warrants shall be drawn. The district secretary may then issue the warrants specified in the general
certificate.
(4) The county treasurer may also pay general obligation
bonds and the accrued interest thereon in accordance with
their terms from the general obligation bond fund when interest or principal payments become due. The county treasurer
shall report in writing monthly to the secretary of the district
the amount of money held by the county in each fund and the
amounts of receipts and disbursements for each fund during
the preceding month. [2002 c 165 § 1; 1998 c 5 § 1; 1984 c
230 § 42; 1983 c 167 § 121; 1939 c 34 § 37; RRS § 5654137.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
52.16.061
52.16.061 General obligation bonds—Issuance—
Limitations. The board of fire commissioners of the district
shall have authority to contract indebtedness and to refund
same for any general district purpose, including expenses of
maintenance, operation and administration, and the acquisition of firefighting facilities, and evidence the same by the
issuance and sale of general obligation bonds of the district
payable at such time or times not longer than twenty years
from the issuing date of the bonds. Such bonds shall be issued
and sold in accordance with chapter 39.46 RCW. Such bonds
shall not exceed an amount, together with any outstanding
nonvoter approved general obligation indebtedness, equal to
three-eighths of one percent of the value of the taxable property within the fire protection district, as the term "value of
the taxable property" is defined in RCW 39.36.015. [1993 c
[Title 52 RCW—page 19]
52.16.070
Title 52 RCW: Fire Protection Districts
231 § 1; 1984 c 186 § 39; 1983 c 167 § 122; 1970 ex.s. c 56
§ 66; 1969 ex.s. c 232 § 89; 1955 c 134 § 2; 1953 c 176 § 3.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
52.16.070 Obligations shall not exceed taxes, revenues, and cash balances—Exceptions. Except as authorized by the issuance and sale of general obligation bonds, the
creation of local improvements districts, and the issuance of
local improvement bonds and warrants of the fire protection
district, the board of fire commissioners may not incur
expenses or other financial obligations payable in any year in
excess of the aggregate amount of taxes levied for that year,
revenues derived from all other sources, and the cash balances on hand in the expense and reserve funds of the district
on the first day of that year. In the event that there are any
unpaid warrants drawn on any district funds for expenses and
obligations incurred and outstanding at the end of any calendar year, the warrants may be paid from taxes collected in the
subsequent year or years and from other income. [1984 c 230
§ 43; 1983 c 167 § 123; 1975 1st ex.s. c 130 § 1; 1972 ex.s. c
16 § 1; 1959 c 221 § 2; 1955 c 134 § 3; 1951 2nd ex.s. c 24 §
10; 1947 c 254 § 11; 1943 c 106 § 1; 1941 c 70 § 5; 1939 c 34
§ 39; Rem. Supp. 1947 § 5654-139.]
52.16.070
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Construction—1975 1st ex.s. c 130: "If any section,
clause, or other provision of this 1975 amendatory act, or its application to
any person or circumstance, is held invalid, the remainder of such 1975
amendatory act, or the application of such section, clause, or provision to
other persons or circumstances, shall not be affected. The rule of strict construction shall have no application to this 1975 amendatory act, but the same
shall be liberally construed, in order to carry out the purposes and objects for
which this 1975 amendatory act is intended. When this 1975 amendatory act
comes in conflict with any provision, limitation, or restriction in any other
law, this 1975 amendatory act shall govern and control." [1975 1st ex.s. c
130 § 6.]
52.16.080 Bonds may be issued for capital purposes—Excess property tax levies. Fire protection districts
additionally are authorized to incur general indebtedness for
capital purposes and to issue general obligation bonds not to
exceed an amount, together with any outstanding general
obligation indebtedness, equal to three-fourths of one percent
of the value of the taxable property within such district, as the
term "value of the taxable property" is defined in RCW
39.36.015, and to provide for the retirement thereof by excess
property tax levies, when the voters of the district have
approved a proposition authorizing such indebtedness and
levies by an affirmative vote of three-fifths of those voting on
the proposition at such election, at which election the total
number of persons voting shall constitute not less than forty
percent of the voters in the fire protection district who voted
at the last preceding general state election. The maximum
term of such bonds may not exceed twenty years. Such bonds
shall be issued and sold in accordance with chapter 39.46
RCW. Such elections shall be held as provided in RCW
39.36.050. [1984 c 186 § 40; 1973 1st ex.s. c 195 § 50; 1970
ex.s. c 42 § 30; 1953 c 176 § 4; 1951 2nd ex.s. c 24 § 3.]
52.16.080
[Title 52 RCW—page 20]
52.16.130
52.16.130 General levy authorized—Limit—Excess
levy at special election. To carry out the purposes for which
fire protection districts are created, the board of fire commissioners of a district may levy each year, in addition to the levy
or levies provided in RCW 52.16.080 for the payment of the
principal and interest of any outstanding general obligation
bonds, an ad valorem tax on all taxable property located in
the district not to exceed fifty cents per thousand dollars of
assessed value: PROVIDED, That in no case may the total
general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar per thousand dollars of assessed value. Levies in excess of one dollar
per thousand dollars of assessed value or in excess of the
aggregate dollar rate limitations or both may be made for any
district purpose when so authorized at a special election
under RCW 84.52.130. Any such tax when levied shall be
certified to the proper county officials for the collection of the
tax as for other general taxes. The taxes when collected shall
be placed in the appropriate district fund or funds as provided
by law, and shall be paid out on warrants of the auditor of the
county in which all, or the largest portion of, the district is
located, upon authorization of the board of fire commissioners of the district. [2002 c 180 § 3; 1989 c 63 § 27; 1985 c 7
§ 121; 1984 c 230 § 44; 1983 c 167 § 126; 1973 1st ex.s. c
195 § 52; 1971 ex.s. c 105 § 1; 1963 ex.s. c 13 § 2; 1951 2nd
ex.s. c 24 § 8.]
Contingent effective date—2002 c 180: See note following RCW
84.52.052.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
52.16.140
52.16.140 General levy may exceed limit—When.
Notwithstanding the limitation of dollar rates contained in
RCW 52.16.130, the board of fire commissioners of any district may levy, in addition to any levy for the payment of the
principal and interest of outstanding general obligation
bonds, an ad valorem tax on all property located in the district
of not to exceed fifty cents per thousand dollars of assessed
value and which will not cause the combined levies to exceed
the constitutional or statutory limitations, and the additional
levy, or any portion of the levy, may also be made when dollar rates of other taxing units are released by agreement with
the other taxing units from their authorized levies. [1984 c
230 § 45; 1983 c 167 § 127; 1973 1st ex.s. c 195 § 53; 1951
2nd ex.s. c 24 § 9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Levy of taxes: Chapter 84.52 RCW.
Protection from levy prorationing: RCW 84.52.120.
(2008 Ed.)
Benefit Charges
52.16.150
52.16.150 Donations and bequests to district. A fire
protection district may accept and receive in behalf of the district any money or property donated, devised, or bequeathed
to the district, and may carry out the terms of the donation,
devise, or bequest, if within the powers granted by law to fire
protection districts. In the absence of such terms, a fire protection district may expend or use the money or property for
district purposes as determined by the board. [1984 c 230 §
46; 1951 2nd ex.s. c 24 § 11.]
52.16.160
52.16.160 Tax levy authorized. Notwithstanding the
limitation of dollar rates contained in RCW 52.16.130, and in
addition to any levy for the payment of the principal and
interest of any outstanding general obligation bonds and in
addition to any levy authorized by RCW 52.16.130,
52.16.140 or any other statute, the board of fire commissioners of any fire protection district within such county, which
fire protection district has at least one full-time, paid
employee, or contracts with another municipal corporation
for the services of at least one full-time, paid employee, is
hereby authorized to levy each year an ad valorem tax on all
taxable property within such district of not to exceed fifty
cents per thousand dollars of assessed value, which levy may
be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional and/or statutory limitations.
[2002 c 84 § 1; 1985 c 112 § 1; 1983 c 167 § 128; 1973 1st
ex.s. c 195 § 54; 1969 ex.s. c 243 § 2; 1961 c 53 § 9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1969 ex.s. c 243: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 243 § 8.]
Protection from levy prorationing: RCW 84.52.120.
52.16.170
52.16.170 Taxation and assessment of lands lying
both within a fire protection district and forest protection
assessment area. In the event that lands lie within both a fire
protection district and a forest protection assessment area
they shall be taxed and assessed as follows:
(1) If the lands are wholly unimproved, they shall be subject to forest protection assessments but not to fire protection
district levies;
(2) If the lands are wholly improved, they shall be subject to fire protection district levies but not to forest protection assessments;
(3) If the lands are partly improved and partly unimproved they shall be subject both to fire protection district
levies and to forest protection assessments: PROVIDED,
That upon request, accompanied by appropriate legal
descriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres,
and thereafter the unimproved portion or portions shall be
subject only to forest protection assessments. [1984 c 230 §
47; 1963 ex.s. c 13 § 3.]
Forest protection assessments: RCW 76.04.610.
(2008 Ed.)
Chapter 52.18
52.18.010
Chapter 52.18 RCW
BENEFIT CHARGES
(Formerly: Service charges)
Sections
52.18.010
52.18.020
52.18.030
52.18.040
52.18.050
52.18.060
52.18.065
52.18.070
52.18.080
52.18.090
52.18.900
52.18.901
Benefit charges authorized—Exceptions—Amounts—Limitations.
Personal property, improvements to real property—Defined.
Resolution establishing benefit charges—Contents—Listing—Collection.
Reimbursement of county for administration and collection
expenses.
Voter approval of benefit charges required—Election—Ballot.
Public hearing—Required—Report—Benefit charge resolution to be filed—Notification to property owners.
Property tax limited if benefit charge imposed.
Review board.
Model resolution.
Exemptions.
Severability—1974 ex.s. c 126.
Severability—1990 c 294.
Assessments and charges against state lands: Chapter 79.44 RCW.
52.18.010 Benefit charges authorized—Exceptions—
Amounts—Limitations. The board of fire commissioners
of a fire protection district may by resolution, for fire protection district purposes authorized by law, fix and impose a
benefit charge on personal property and improvements to real
property which are located within the fire protection district
on the date specified and which have or will receive the benefits provided by the fire protection district, to be paid by the
owners of the properties: PROVIDED, That a benefit charge
shall not apply to personal property and improvements to real
property owned or used by any recognized religious denomination or religious organization as, or including, a sanctuary
or for purposes related to the bona fide religious ministries of
the denomination or religious organization, including schools
and educational facilities used for kindergarten, primary, or
secondary educational purposes or for institutions of higher
education and all grounds and buildings related thereto, but
not including personal property and improvements to real
property owned or used by any recognized religious denomination or religious organization for business operations,
profit-making enterprises, or activities not including use of a
sanctuary or related to kindergarten, primary, or secondary
educational purposes or for institutions of higher education.
The aggregate amount of such benefit charges in any one year
shall not exceed an amount equal to sixty percent of the operating budget for the year in which the benefit charge is to be
collected: PROVIDED, That it shall be the duty of the
county legislative authority or authorities of the county or
counties in which the fire protection district is located to
make any necessary adjustments to assure compliance with
such limitation and to immediately notify the board of fire
commissioners of any changes thereof.
A benefit charge imposed shall be reasonably proportioned to the measurable benefits to property resulting from
the services afforded by the district. It is acceptable to apportion the benefit charge to the values of the properties as found
by the county assessor or assessors modified generally in the
proportion that fire insurance rates are reduced or entitled to
be reduced as the result of providing the services. Any other
method that reasonably apportions the benefit charges to the
actual benefits resulting from the degree of protection, which
may include but is not limited to the distance from regularly
52.18.010
[Title 52 RCW—page 21]
52.18.020
Title 52 RCW: Fire Protection Districts
maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the
properties for specialized services, may be specified in the
resolution and shall be subject to contest on the ground of
unreasonable or capricious action or action in excess of the
measurable benefits to the property resulting from services
afforded by the district. The board of fire commissioners may
determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria
they establish by resolution. A benefit charge authorized by
this chapter shall not be applicable to the personal property or
improvements to real property of any individual, corporation,
partnership, firm, organization, or association maintaining a
fire department and whose fire protection and training system
has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service
authorized by the state insurance commissioner to do business in this state, but such property may be protected by the
fire protection district under a contractual agreement.
For administrative purposes, the benefit charge imposed
on any individual property may be compiled into a single
charge, provided that the district, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge. [1998 c 16 § 1; 1990
c 294 § 1; 1989 c 63 § 28; 1987 c 325 § 1; 1985 c 7 § 122;
1974 ex.s. c 126 § 1.]
each fire protection district and shall furnish and deliver to
the county treasurer of that county a listing of the properties
with information describing the location, legal description,
and address of the person to whom the statement of benefit
charges is to be mailed, the name of the owner, and the value
of the property and improvements, together with the benefit
charge to apply to each. These benefit charges shall be certified to the county treasurer for collection in the same manner
that is used for the collection of fire protection charges for
forest lands protected by the department of natural resources
under RCW 76.04.610 and the same penalties and provisions
for collection shall apply. [1990 c 294 § 3; 1989 c 63 § 29;
1987 c 325 § 3; 1986 c 100 § 53; 1974 ex.s. c 126 § 3.]
52.18.040 Reimbursement of county for administration and collection expenses. Each fire protection district
shall contract, prior to the imposition of a benefit charge, for
the administration and collection of the benefit charge by
each county treasurer, who shall deduct a percent, as provided by contract to reimburse the county for expenses
incurred by the county assessor and county treasurer in the
administration of the resolution and this chapter. The county
treasurer shall make distributions each year, as the charges
are collected, in the amount of the benefit charges imposed
on behalf of each district, less the deduction provided for in
the contract. [1990 c 294 § 4; 1989 c 63 § 30; 1987 c 325 §
4; 1974 ex.s. c 126 § 4.]
52.18.040
52.18.020
52.18.020 Personal property, improvements to real
property—Defined. The term "personal property" for the
purposes of this chapter shall include every form of tangible
personal property, including but not limited to, all goods,
chattels, stock in trade, estates, or crops: PROVIDED, That
all personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract
or for which the district is receiving payment for as authorized by RCW 52.30.020 and all property subject to the provisions of chapter 54.28 RCW, or all property that is subject
to a contract for services with a fire protection district, shall
be exempt from the benefit charge imposed under this chapter: PROVIDED FURTHER, That the term "personal property" shall not include any personal property used for farming, field crops, farm equipment or livestock: AND PROVIDED FURTHER, That the term "improvements to real
property" shall not include permanent growing crops, field
improvements installed for the purpose of aiding the growth
of permanent crops, or other field improvements normally
not subject to damage by fire. [1990 c 294 § 2; 1987 c 325 §
2; 1985 c 7 § 123; 1974 ex.s. c 126 § 2.]
52.18.030
52.18.030 Resolution establishing benefit charges—
Contents—Listing—Collection. The resolution establishing benefit charges as specified in RCW 52.18.010 shall
specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type,
or other designation, or other information that is necessary to
the proper computation of the benefit charge to be charged to
each property owner subject to the resolution. The county
assessor of each county in which the district is located shall
determine and identify the personal properties and improvements to real property which are subject to a benefit charge in
[Title 52 RCW—page 22]
52.18.050 Voter approval of benefit charges
required—Election—Ballot. (1) Any benefit charge authorized by this chapter shall not be effective unless a proposition to impose the benefit charge is approved by a sixty percent majority of the voters of the district voting at a general
election or at a special election called by the district for that
purpose, held within the fire protection district. An election
held pursuant to this section shall be held not more than
twelve months prior to the date on which the first such charge
is to be assessed: PROVIDED, That a benefit charge
approved at an election shall not remain in effect for a period
of more than six years nor more than the number of years
authorized by the voters if fewer than six years unless subsequently reapproved by the voters.
(2) The ballot shall be submitted so as to enable the voters favoring the authorization of a fire protection district benefit charge to vote "Yes" and those opposed thereto to vote
"No," and the ballot shall be:
52.18.050
"Shall . . . . . . county fire protection district No.
. . . . be authorized to impose benefit charges each
year for . . . . (insert number of years not to exceed
six) years, not to exceed an amount equal to sixty
percent of its operating budget, and be prohibited
from imposing an additional property tax under
RCW 52.16.160?
YES
⯸
NO
⯸"
(3) Districts renewing the benefit charge may elect to use
the following alternative ballot:
"Shall . . . . . . county fire protection district No.
. . . . be authorized to continue voter-authorized ben(2008 Ed.)
Local Improvement Districts
efit charges each year for . . . . (insert number of
years not to exceed six) years, not to exceed an
amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional
property tax under RCW 52.16.160?
YES
⯸
NO
⯸"
[1998 c 16 § 2; 1990 c 294 § 5; 1989 c 27 § 1; 1987 c 325 §
5; 1974 ex.s. c 126 § 5.]
52.18.060 Public hearing—Required—Report—
Benefit charge resolution to be filed—Notification to
property owners. (1) Not less than ten days nor more than
six months before the election at which the proposition to
impose the benefit charge is submitted as provided in this
chapter, the board of fire commissioners of the district shall
hold a public hearing specifically setting forth its proposal to
impose benefit charges for the support of its legally authorized activities which will maintain or improve the services
afforded in the district. A report of the public hearing shall be
filed with the county treasurer of each county in which the
property is located and be available for public inspection.
(2) Prior to November 15 of each year the board of fire
commissioners shall hold a public hearing to review and
establish the fire district benefit charges for the subsequent
year.
All resolutions imposing or changing the benefit charges
shall be filed with the county treasurer or treasurers of each
county in which the property is located, together with the
record of each public hearing, before November 30 immediately preceding the year in which the benefit charges are to be
collected on behalf of the district.
After the benefit charges have been established, the owners of the property subject to the charge shall be notified of
the amount of the charge. [1990 c 294 § 6; 1989 c 63 § 31;
1987 c 325 § 6; 1974 ex.s. c 126 § 6.]
52.18.060
52.18.065 Property tax limited if benefit charge
imposed. A fire protection district that imposes a benefit
charge under this chapter shall not impose all or part of the
property tax authorized under RCW 52.16.160. [1990 c 294
§ 7; 1987 c 325 § 9.]
52.18.065
52.18.070 Review board. After notice has been given
to the property owners of the amount of the charge, the board
of fire commissioners of a fire protection district imposing a
benefit charge under this chapter shall form a review board
for at least a two-week period and shall, upon complaint in
writing of a party aggrieved owning property in the district,
reduce the charge of a person who, in their opinion, has been
charged too large a sum, to a sum or amount as they believe
to be the true, fair, and just amount. [1990 c 294 § 8; 1987 c
325 § 7; 1974 ex.s. c 126 § 7.]
52.18.070
52.18.080 Model resolution. The Washington fire
commissioners association, as soon as practicable, shall draft
a model resolution to impose the fire protection district benefit charge authorized by this chapter and may provide assistance to fire protection districts in the establishment of a pro52.18.080
(2008 Ed.)
52.20.010
gram to develop benefit charges. [1990 c 294 § 9; 1987 c 325
§ 8; 1974 ex.s. c 126 § 8.]
52.18.090 Exemptions. A person who is receiving the
exemption contained in RCW 84.36.381 through 84.36.389
shall be exempt from any legal obligation to pay a portion of
the charge imposed by this chapter according to the following.
(1) A person who meets the income limitation contained
in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) shall be
exempt from twenty-five percent of the charge.
(2) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(i) shall be exempt from fifty percent
of the charge.
(3) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(ii) shall be exempt from seventyfive percent of the charge. [1990 c 294 § 10.]
52.18.090
52.18.900 Severability—1974 ex.s. c 126. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 126 § 9.]
52.18.900
52.18.901 Severability—1990 c 294. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 294 § 11.]
52.18.901
Chapter 52.20
Chapter 52.20 RCW
LOCAL IMPROVEMENT DISTRICTS
Sections
52.20.010
52.20.020
52.20.022
52.20.025
52.20.027
52.20.060
52.20.070
L.I.D.’s authorized—Petition or resolution method.
Dismissal, approval of petition or resolution of intention—
Notice of hearing.
Notice must contain statement that assessments may vary from
estimates.
Hearing and subsequent proceedings to be in accordance with
laws applicable to cities and towns—Definitions.
Lands subject to forest fire protection assessments exempt—
Separation of forest-type lands for tax and assessment purposes.
Coupon or registered warrants—Payment—Interest—Registration.
Contracts not general district obligations.
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
52.20.010 L.I.D.’s authorized—Petition or resolution
method. If, for fire protection or emergency medical purposes the acquisition, maintenance, and operation of real
property, buildings, apparatus, and instrumentalities needed
to provide such services are of special benefit to part or all of
the lands in the fire protection district, the board of fire commissioners may include the lands in a local improvement district, and may levy special assessments under a mode of
annual installments extending over a period not exceeding
twenty years on all property specially benefited by any local
improvement, on the basis of the special benefits to pay in
whole or in part the damages or costs of improvements
52.20.010
[Title 52 RCW—page 23]
52.20.020
Title 52 RCW: Fire Protection Districts
ordered in the local improvement district. Local improvement districts may be initiated either by resolution of the
board of fire commissioners or by petition signed by the owners of a majority of the acreage of lands to be included within
the local improvement district.
If the petition procedure is followed, the petition shall set
forth generally the necessity for the creation of a local
improvement district, outline the plan of fire or emergency
medical protection to be accomplished, and the means by
which the cost shall be financed. Upon receipt of a petition,
the board of fire commissioners of the district shall at its next
regular meeting review the petition. The owners of the lands
as shown on the general tax roll in the county treasurer’s
office, last equalized, shall be used to determine the ownership of the lands to be included in the local improvement district. If the petition is sufficient, the district board shall consider the petition and determine whether the proposed local
improvement appears feasible and of special benefit to the
lands concerned.
If the board of fire commissioners desire[s] to initiate the
formation of a local improvement district by resolution, it
shall adopt a resolution declaring its intention to order the
proposed improvement, set forth the nature and territorial
extent of the proposed improvement, designate the number of
the proposed district, describe the boundaries, state the estimated costs and expenses of the improvement and the proportionate amount of the costs which will be borne by the
property within the proposed district, and fix a date, time, and
place for a public hearing on the formation of the proposed
district. [1984 c 230 § 48; 1975 1st ex.s. c 130 § 2; 1961 c
161 § 1; 1939 c 34 § 40; RRS § 5654-140.]
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.
52.20.020 Dismissal, approval of petition or resolution of intention—Notice of hearing. If the petition is
found insufficient or if the district board determines that a
local improvement district is not feasible or is of no special
benefit to the lands concerned, it shall dismiss the petition. If
the district board approves the petition or adopts a resolution
of intention to order an improvement, it shall fix a date, hour,
and place for hearing the matter and shall (1) mail notice of
the hearing at least fifteen days before the date fixed for the
public hearing to the owner or reputed owner of each lot,
tract, or parcel of land within the proposed local improvement district as shown on the tax rolls of the county treasurer
at the address shown thereon, and (2) publish notice of the
hearing in a newspaper of general circulation in the county,
for three consecutive weeks prior to the day of the hearing.
The cost of publication shall be paid by the fire protection
district. The notices shall describe the boundaries of the proposed local improvement district and the plan of fire or emergency medical protection proposed, or may refer to the resolution of intention describing the nature and territorial extent
of the proposed improvement. The notices shall state the
means by which the cost shall be financed, shall state the
date, hour, and place of the hearing on the petition and shall
be signed by the secretary of the fire protection district. In
addition, the notice given each owner or reputed owner by
mail shall state the estimated cost and expense of the
improvement to be borne by the particular lot, tract, or parcel.
52.20.020
[Title 52 RCW—page 24]
[1984 c 230 § 49; 1975 1st ex.s. c 130 § 3; 1961 c 161 § 2;
1939 c 34 § 41; RRS § 5654-141.]
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.
52.20.022 Notice must contain statement that assessments may vary from estimates. Any notice given to the
public or to the owners of specific lots, tracts, or parcels of
land relating to the formation of a local improvement district
shall contain a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a
figure equal to the increased true and fair value the improvement adds to the property. [1989 c 243 § 7.]
52.20.022
52.20.025 Hearing and subsequent proceedings to be
in accordance with laws applicable to cities and towns—
Definitions. The hearing and all subsequent proceedings in
connection with the local improvement, including but not
limited to the levying, collection, and enforcement of local
improvement assessments, and the authorization, issuance,
and payment of local improvement bonds and warrants shall
be in accordance with the provisions of law applicable to cities and towns set forth in chapters 35.43, 35.44, 35.45, 35.49,
35.50, and 35.53 RCW. Fire protection districts may exercise
the powers set forth in those chapters: PROVIDED, That no
local improvement guaranty fund may be created: PROVIDED FURTHER, That for the purposes of RCW
52.16.070, 52.20.010, 52.20.020, and 52.20.025, with respect
to the powers granted and the duties imposed in chapters
35.43, 35.44, 35.45, 35.50, and 35.53 RCW:
(1) The words "city or town" mean fire protection district.
(2) The secretary of a fire protection district shall perform the duties of the "clerk" or "city or town clerk."
(3) The board of fire commissioners of a fire protection
district shall perform the duties of the "council" or "city or
town council" or "legislative authority of a city or town."
(4) The board of fire commissioners of a fire protection
district shall perform the duties of the "mayor."
(5) The word "ordinance" means a resolution of the
board of fire commissioners of a fire protection district.
(6) The treasurer or treasurers of the county or counties
in which a fire protection district is located shall perform the
duties of the "treasurer" or "city or town treasurer." [1989 c
63 § 32; 1984 c 230 § 50; 1975 1st ex.s. c 130 § 4; 1961 c 161
§ 3.]
52.20.025
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.
52.20.027 Lands subject to forest fire protection
assessments exempt—Separation of forest-type lands for
tax and assessment purposes. RCW 52.20.010, 52.20.020,
and 52.20.025 shall not apply to any tracts or parcels of
wholly forest-type lands within the district which are
required to pay forest fire protection assessments, as required
by RCW 76.04.610; however, both the tax levy or special
assessments of the district and the forest fire protection
assessment shall apply to the forest land portion of any tract
or parcel which is in the district containing a combination of
both forest-type lands and nonforest-type lands or improvements: PROVIDED, That an owner has the right to have for52.20.027
(2008 Ed.)
Special Proceedings
est-type lands of more than twenty acres in extent separated
from land bearing improvements and from nonforest-type
lands for taxation and assessment purposes upon furnishing
to the assessor a written request containing the proper legal
description. [1986 c 100 § 54; 1984 c 230 § 51; 1961 c 161 §
5.]
52.20.060 Coupon or registered warrants—Payment—Interest—Registration. (1) The district board may
also, if in accordance with the adopted method of financing
the local improvement district, issue and sell at par and
accrued interest coupon or registered warrants payable within
three years from the date thereof exclusively from the local
improvement fund of the district. The coupon or registered
warrants shall bear semiannual interest and shall be in such
form as the board determines and shall state on their face that
they are payable exclusively from the local improvement
fund of the district. Interest shall be payable on the first day
of January and of July. Such warrants may be registered as
provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1984 c 230 § 52; 1983 c 167 § 129; 1970 ex.s.
c 56 § 68; 1969 ex.s. c 232 § 90; 1939 c 34 § 45; RRS § 5654145.]
52.22.041
under and by virtue of the statutes having in each case, the
boundaries set forth in the respective organization proceedings of each of them as shown by the files and records in the
offices of the legislative authority or authorities and auditor
or auditors of the county or counties in which the particular
area lies. [1989 c 63 § 33; 1984 c 230 § 66; 1947 c 230 § 1;
Rem. Supp. 1947 § 5654-151o. Formerly RCW 52.32.010.]
52.20.060
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
52.20.070 Contracts not general district obligations.
A fire protection district shall not be liable under any contract
creating an obligation chargeable against the lands of any
local improvement district therein, unless the liability and the
extent thereof is specifically stated in the contract. [1984 c
230 § 53; 1939 c 34 § 21; RRS § 5654-121.]
52.20.070
Chapter 52.22
Chapter 52.22 RCW
SPECIAL PROCEEDINGS
Sections
52.22.011
52.22.021
52.22.031
52.22.041
52.22.051
52.22.061
52.22.071
52.22.081
52.22.091
52.22.101
52.22.111
Legislative validation.
Special proceedings for judicial confirmation of organization,
bonds, warrants, contracts, etc.
Petition.
Hearing date to be fixed—Notice.
Answer of petition.
Pleading and practice—Motion for new trial.
Jurisdiction of court.
Minor irregularities to be disregarded.
Costs.
Appellate review.
Districts governed by Title 52 RCW.
52.22.011 Legislative validation. The respective areas,
organized and established or attempted to be organized and
established under the authority granted in Title 52 RCW
which since their organization and establishment or
attempted organization and establishment have continuously
maintained their organization as fire protection districts
established under the authority of these statutes are declared
to be properly organized fire protection districts existing
52.22.011
(2008 Ed.)
52.22.021 Special proceedings for judicial confirmation of organization, bonds, warrants, contracts, etc. The
board of fire commissioners of a fire protection district now
existing or which may be organized under the laws of this
state may commence a special proceeding in the superior
court of the state of Washington. These proceedings for the
organization of the fire district, for the formation of any local
improvement district therein, or proceedings for the authorization, issuance, and sale of coupon or registered warrants or
general obligation bonds issued pursuant to RCW 52.16.061,
either of the fire district or for a local improvement district
therein, or both, whether the bonds or coupon or registered
warrants have been sold, or proceedings for any contract of
the district involving the fire district or any local improvement district therein, and any other proceedings that may
affect the legality of the proceedings concerned or any or all
of the proceedings above outlined, may be judicially examined, approved, and confirmed. [1984 c 230 § 67; 1983 c 167
§ 130; 1947 c 255 § 1; Rem. Supp. 1947 § 5654-153a. Formerly RCW 52.34.010 and 52.32.020.]
52.22.021
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1947 c 255: "If any section or provision of this act shall
be adjudged to be invalid or unconstitutional, such adjudication shall not
affect the validity of the act as a whole or of any section, provision, or part
thereof not adjudged to be invalid or unconstitutional." [1947 c 255 § 10.]
This applies to RCW 52.22.021 through 52.22.101.
52.22.031 Petition. The board of fire commissioners of
the fire protection district shall file in the superior court of the
county in which the fire protection district was organized, a
petition requesting in effect that the proceedings be examined, approved, and confirmed by the court. The petition shall
state the facts showing any of the proceedings that the petition asks the court to examine, approve, and confirm, but
need allege only generally that the fire protection district was
properly organized and that the first board of fire commissioners was properly elected. [1984 c 230 § 68; 1947 c 255 §
2; Rem. Supp. 1947 § 5654-153b. Formerly RCW 52.34.020
and 52.32.030.]
52.22.031
52.22.041 Hearing date to be fixed—Notice. The
court shall fix the time for the hearing of the petition and
direct the clerk of the court to give notice of the filing of the
petition and of the time and place fixed for the hearing. The
notice shall state the time and place of the hearing of the petition and that any person interested in the proceedings sought
by the petition to be examined, approved, and confirmed by
the court, may on or before the date of the hearing of the petition, answer the petition. The petition may be referred to and
described in the notice as the petition of the board of fire
commissioners of . . . . . . county fire protection district No.
. . . . . . . . . (giving the county and its number or any other
52.22.041
[Title 52 RCW—page 25]
52.22.051
Title 52 RCW: Fire Protection Districts
name by which it is officially designated), requesting that the
proceedings (naming them as set out in the request of the
petition), be examined, approved, and confirmed by the
court, and shall be signed by the clerk.
The notice shall be given by posting and publishing for
the same length of time that the notice of the hearing on the
petition before the county legislative body to form the district
was required by law to be posted and published, and it may be
published in any legal newspaper designated in the order of
the court fixing the time and place of the hearing of the petition and directing the clerk of the court to give notice thereof.
[1984 c 230 § 69; 1947 c 255 § 3; Rem. Supp. 1947 § 5654153c. Formerly RCW 52.34.030 and 52.32.040.]
Public hearing—Notice—Publication and posting: RCW 52.02.050.
52.22.051 Answer of petition. A person interested in
the fire protection district, or in a local improvement district
therein, involved in the petition or in any proceedings sought
by the petition to be examined, approved, and confirmed by
the court, may answer the petition. The statutes of this state
respecting answers to verified complaints are applicable to
answers to the petition. The person so answering the petition
shall be the defendant in the special proceeding, and the
board of fire commissioners shall be the plaintiff. Every
material statement of the petition not specifically controverted by the answer must, for purposes of the special proceedings, be taken as true, and each person failing to answer
the petition is deemed to admit as true all the material statements of the petition. [1984 c 230 § 70; 1947 c 255 § 4; Rem.
Supp. 1947 § 5654-153d. Formerly RCW 52.34.040 and
52.32.050.]
52.22.051
Pleadings: Chapters 4.32, 4.36 RCW.
52.22.061 Pleading and practice—Motion for new
trial. The rules of pleading and practice governing civil
actions are applicable to the special proceedings provided for
except where inconsistent with this chapter. A motion for a
new trial must be made upon the minutes of the court and in
case of an order granting a new trial, the order must specify
the issue to be reexamined at the new trial. The findings of
the court on the other issues shall not be affected by the order
granting a new trial. [1984 c 230 § 71; 1947 c 255 § 5; Rem.
Supp. 1947 § 5654-153e. Formerly RCW 52.34.050 and
52.32.060.]
52.22.061
New trials: Chapter 4.76 RCW.
52.22.071 Jurisdiction of court. At the hearing of the
special proceedings, the court has power and jurisdiction to
examine and determine the legality and validity of, and to
approve and confirm, each and all of the proceedings for the
organization of the fire protection district and for the formation of any local improvement district therein under the law
relating to such districts from and including the petition for
the organization of the fire district and for the formation of
any local improvement district therein and all other proceedings which affect the legality of the districts, or the validity
and legality of any coupon or registered warrants or bonds
either of the fire district or for a local improvement district
therein and all proceedings conducted by the fire district for a
contract of the district involving the fire district or a local
improvement district therein, and any other proceeding
which may affect the legality of the proceedings concerned.
[1984 c 230 § 72; 1983 c 167 § 131; 1947 c 255 § 6; Rem.
Supp. 1947 § 5654-153f. Formerly RCW 52.34.060 and
52.32.070.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
52.22.081 Minor irregularities to be disregarded.
The court has full authority and jurisdiction to consider any
question of laches, estoppel, and other infirmities in the position and claims of the defendants, to question the legality of
the proceedings sought by the plaintiff to be confirmed by the
court, and to pass upon and determine them. The court, in
inquiring into the regularity, legality, and correctness of the
proceedings sought by the board of fire commissioners in its
petition to be examined, approved, and confirmed by the
court, must disregard any error, irregularity, or omission
which does not affect the substantial rights of the parties to
the special proceedings. The court may approve and confirm
the proceedings in part, and disapprove and declare illegal or
invalid other or subsequent parts of the proceedings, or it may
approve and confirm all of the proceedings, and make and
enter its decree accordingly. [1984 c 230 § 73; 1947 c 255 §
7; Rem. Supp. 1947 § 5654-153g. Formerly RCW 52.34.070
and 52.32.080.]
52.22.081
52.22.091 Costs. The court shall find and determine, in
these special proceedings, whether the notice of the filing of
the petition and of the time and place of hearing on the petition has been properly posted and published for the time and
in the manner prescribed in this chapter. The costs of the special proceedings may be allowed and apportioned between all
the parties, in the court’s discretion. [1984 c 230 § 74; 1947
c 255 § 8; Rem. Supp. 1947 § 5654-153h. Formerly RCW
52.34.080 and 52.32.090.]
52.22.091
52.22.101 Appellate review. Appellate review of an
order granting or refusing a new trial, or from the judgment,
in the special proceedings must be taken by the party
aggrieved within thirty days after the entry of the order or the
judgment. [1988 c 202 § 50; 1984 c 230 § 75; 1947 c 255 §
9; Rem. Supp. 1947 § 5654-153i. Formerly RCW 52.34.090
and 52.32.100.]
52.22.101
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
52.22.071
[Title 52 RCW—page 26]
52.22.111 Districts governed by Title 52 RCW. All
fire protection districts are governed by Title 52 RCW. [1984
c 230 § 86.]
52.22.111
Chapter 52.26
Chapter 52.26 RCW
REGIONAL FIRE PROTECTION
SERVICE AUTHORITIES
Sections
52.26.010
52.26.020
52.26.030
52.26.040
Findings.
Definitions.
Planning committee—Formation—Powers.
Planning committee—Formulation of service plan—Competition with private ambulance service.
(2008 Ed.)
Regional Fire Protection Service Authorities
52.26.050
52.26.060
52.26.070
52.26.080
52.26.090
52.26.100
52.26.110
52.26.120
52.26.130
52.26.140
52.26.150
52.26.160
52.26.170
52.26.180
52.26.190
52.26.200
52.26.210
52.26.220
52.26.230
52.26.240
52.26.250
52.26.260
52.26.270
52.26.280
52.26.290
52.26.900
52.26.901
Service plan—Taxes and benefit charges.
Service plan—Submission to voters.
Service authority—Formation—Challenges.
Organization and composition of governing board.
Powers of governing board.
Transfer of responsibilities and employees to authority—Civil
service system.
Withdrawal, reannexation of territory.
Dissolution of fire protection district—Election—Transfer of
responsibilities.
Debt—Interlocal contracts—General obligation bonds.
Levy of taxes—Levies authorized by special election—
Indebtedness—Definition.
Levy of taxes—To be made by county or counties where
authority is located.
Taxation of lands lying within authority and forest protection
assessment area.
Collection of taxes.
Benefit charges.
Benefit charges—Exemptions.
Benefit charges—Resolution—County assessor’s duties.
Benefit charges—Administration and collection by county
treasurer.
Benefit charges—Submission to voters—Renewal.
Benefit charges—Establishment—Public hearings—Notice to
property owners.
Benefit charges—Limitation on imposition of property tax.
Benefit charges—Complaints—Review board.
Benefit charges—Model resolution—Assistance by Washington fire commissioners association.
Benefit charges—Additional exemption.
Civil service—When authorized or required.
Annexation of territory.
Captions not law—2004 c 129.
Severability—2004 c 129.
52.26.010 Findings. The legislature finds that:
(1) The ability to respond to emergency situations by
many of Washington state’s fire protection jurisdictions has
not kept up with the state’s needs, particularly in urban
regions;
(2) Providing a fire protection service system requires a
shared partnership and responsibility among the federal,
state, local, and regional governments and the private sector;
(3) There are efficiencies to be gained by regional fire
protection service delivery while retaining local control; and
(4) Timely development of significant projects can best
be achieved through enhanced funding options for regional
fire protection service agencies, using already existing taxing
authority to address fire protection emergency service needs
and new authority to address critical fire protection projects
and emergency services. [2004 c 129 § 1.]
52.26.010
52.26.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the governing body of a regional fire
protection service authority.
(2) "Regional fire protection service authority" or
"authority" means a municipal corporation, an independent
taxing authority within the meaning of Article VII, section 1
of the state Constitution, and a taxing district within the
meaning of Article VII, section 2 of the state Constitution,
whose boundaries are coextensive with two or more adjacent
fire protection jurisdictions and that has been created by a
vote of the people under this chapter to implement a regional
fire protection service authority plan.
(3) "Regional fire protection service authority planning
committee" or "planning committee" means the advisory
committee created under RCW 52.26.030 to create and pro52.26.020
(2008 Ed.)
52.26.040
pose to fire protection jurisdictions a regional fire protection
service authority plan to design, finance, and develop fire
protection and emergency service projects.
(4) "Regional fire protection service authority plan" or
"plan" means a plan to develop and finance a fire protection
service authority project or projects, including, but not limited to, specific capital projects, fire operations and emergency service operations pursuant to RCW 52.26.040(3)(b),
and preservation and maintenance of existing or future facilities.
(5) "Fire protection jurisdiction" means a fire district,
city, town, port district, or Indian tribe.
(6) "Regular property taxes" has the same meaning as in
RCW 84.04.140. [2006 c 200 § 1; 2004 c 129 § 2.]
52.26.030 Planning committee—Formation—Powers. Regional fire protection service authority planning committees are advisory entities that are created, convened, and
empowered as follows:
(1) Any two or more adjacent fire protection jurisdictions may create a regional fire protection service authority
and convene a regional fire protection service authority planning committee. No fire protection jurisdiction may participate in more than one authority.
(2) Each governing body of the fire protection jurisdictions participating in planning under this chapter shall
appoint three elected officials to the authority planning committee. Members of the planning committee may receive
compensation of seventy dollars per day, or portion thereof,
not to exceed seven hundred dollars per year, for attendance
at planning committee meetings and for performance of other
services in behalf of the authority, and may be reimbursed for
travel and incidental expenses at the discretion of their
respective governing body.
(3) A regional fire protection service authority planning
committee may receive state funding, as appropriated by the
legislature, or county funding provided by the affected counties for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred. Upon creation of a regional fire protection service authority, the authority shall within one year reimburse
the state or county for any sums advanced for these start-up
costs from the state or county.
(4) The planning committee shall conduct its affairs and
formulate a regional fire protection service authority plan as
provided under RCW 52.26.040.
(5) At its first meeting, a regional fire protection service
authority planning committee may elect officers and provide
for the adoption of rules and other operating procedures.
(6) The planning committee may dissolve itself at any
time by a majority vote of the total membership of the planning committee. Any participating fire protection jurisdiction may withdraw upon thirty calendar days’ written notice
to the other jurisdictions. [2004 c 129 § 3.]
52.26.030
52.26.040 Planning committee—Formulation of service plan—Competition with private ambulance service.
(1) A regional fire protection service authority planning committee shall adopt a regional fire protection service authority
plan providing for the design, financing, and development of
52.26.040
[Title 52 RCW—page 27]
52.26.050
Title 52 RCW: Fire Protection Districts
fire protection and emergency services. The planning committee may consider the following factors in formulating its
plan:
(a) Land use planning criteria; and
(b) The input of cities and counties located within, or
partially within, a participating fire protection jurisdiction.
(2) The planning committee may coordinate its activities
with neighboring cities, towns, and other local governments
that engage in fire protection planning.
(3) The planning committee shall:
(a) Create opportunities for public input in the development of the plan;
(b) Adopt a plan proposing the creation of a regional fire
protection service authority and recommending design,
financing, and development of fire protection and emergency
service facilities and operations, including maintenance and
preservation of facilities or systems. The plan may authorize
the authority to establish a system of ambulance service to be
operated by the authority or operated by contract after a call
for bids. However, the authority shall not provide for the
establishment of an ambulance service that would compete
with any existing private ambulance service, unless the
authority determines that the region served by the authority,
or a substantial portion of the region served by the authority,
is not adequately served by an existing private ambulance
service. In determining the adequacy of an existing private
ambulance service, the authority shall take into consideration
objective generally accepted medical standards and reasonable levels of service which must be published by the authority. Following the preliminary conclusion by the authority
that the existing private ambulance service is inadequate, and
before establishing an ambulance service or issuing a call for
bids, the authority shall allow a minimum of sixty days for
the private ambulance service to meet the generally accepted
medical standards and accepted levels of service. In the
event of a second preliminary conclusion of inadequacy
within a twenty-four-month period, the authority may immediately issue a call for bids or establish its own ambulance
service and is not required to afford the private ambulance
service another sixty-day period to meet the generally
accepted medical standards and reasonable levels of service.
A private ambulance service that is not licensed by the
department of health or whose license is denied, suspended,
or revoked is not entitled to a sixty-day period within which
to demonstrate adequacy and the authority may immediately
issue a call for bids or establish an ambulance service; and
(c) In the plan, recommend sources of revenue authorized by RCW 52.26.050, identify the portions of the plan
that may be amended by the board of the authority without
voter approval, consistent with RCW 52.26.050, and recommend a financing plan to fund selected fire protection and
emergency services and projects.
(4) Once adopted, the plan must be forwarded to the participating fire protection jurisdictions’ governing bodies to
initiate the election process under RCW 52.26.060.
(5) If the ballot measure is not approved, the planning
committee may redefine the selected regional fire protection
service authority projects, financing plan, and the ballot measure. The fire protection jurisdictions’ governing bodies may
approve the new plan and ballot measure, and may then submit the revised proposition to the voters at a subsequent elec[Title 52 RCW—page 28]
tion or a special election. If a ballot measure is not approved
by the voters by the third vote, the planning committee is dissolved. [2006 c 200 § 2; 2004 c 129 § 4.]
52.26.050 Service plan—Taxes and benefit charges.
(1) A regional fire protection service authority planning committee may, as part of a regional fire protection service
authority plan, recommend the imposition of some or all of
the following revenue sources, which a regional fire protection service authority may impose upon approval of the voters as provided in this chapter:
(a) Benefit charges under RCW 52.26.180 through
52.26.270;
(b) Property taxes under RCW 52.26.140 through
52.26.170 and 84.52.044 and RCW 84.09.030, 84.52.010,
84.52.052, and 84.52.069; or
(c) Both (a) and (b) of this subsection.
(2) The authority may impose taxes and benefit charges
as set forth in the regional fire protection service authority
plan upon creation of the authority, or as provided for in this
chapter after creation of the authority. If the plan authorizes
the authority to impose benefit charges or sixty percent voter
approved taxes, the plan and creation of the authority must be
approved by an affirmative vote of sixty percent of the voters
within the boundaries of the authority voting on a ballot proposition as set forth in RCW 52.26.060. However, if the plan
provides for alternative sources of revenue that become
effective if the plan and creation of the authority is approved
only by a majority vote, then the plan with alternative sources
of revenue and creation of the authority may be approved by
an affirmative vote of the majority of those voters. If the plan
does not authorize the authority to impose benefit charges or
sixty percent voter approved taxes, the plan and creation of
the authority must be approved by an affirmative vote of the
majority of the voters within the boundaries of the authority
voting on a ballot proposition as set forth in RCW 52.26.060.
Except as provided in this section, all other voter approval
requirements under law for the levying of property taxes or
the imposition of benefit charges apply. Revenues from these
taxes and benefit charges may be used only to implement the
plan as set forth in this chapter. [2006 c 200 § 3; 2004 c 129
§ 5.]
52.26.050
52.26.060 Service plan—Submission to voters. The
governing bodies of two or more adjacent fire protection
jurisdictions, upon receipt of the regional fire protection service authority plan under RCW 52.26.040, may certify the
plan to the ballot, including identification of the revenue
options specified to fund the plan. The governing bodies of
the fire protection jurisdictions may draft a ballot title, give
notice as required by law for ballot measures, and perform
other duties as required to put the plan before the voters of the
proposed authority for their approval or rejection as a single
ballot measure that both approves formation of the authority
and approves the plan. Authorities may negotiate interlocal
agreements necessary to implement the plan. The electorate
is the voters voting within the boundaries of the proposed
regional fire protection service authority. A simple majority
of the total persons voting on the single ballot measure to
approve the plan and establish the authority is required for
52.26.060
(2008 Ed.)
Regional Fire Protection Service Authorities
approval. However, if the plan authorizes the authority to
impose benefit charges or sixty percent voter approved taxes,
then the percentage of total persons voting on the single ballot measure to approve the plan and establish the authority is
the same as in RCW 52.26.050. The authority must act in
accordance with the general election laws of the state. The
authority is liable for its proportionate share of the costs when
the elections are held under RCW 29A.04.321 and
29A.04.330. [2006 c 200 § 4; 2004 c 129 § 6.]
52.26.070 Service authority—Formation—Challenges. If the voters approve the plan, including creation of a
regional fire protection service authority and imposition of
taxes and benefit charges, if any, the authority is formed on
the next January 1st or July 1st, whichever occurs first. The
appropriate county election officials shall, within fifteen days
of the final certification of the election results, publish a
notice in a newspaper or newspapers of general circulation in
the authority declaring the authority formed. A party challenging the procedure or the formation of a voter-approved
authority must file the challenge in writing by serving the
prosecuting attorney of each county within, or partially
within, the regional fire protection service authority and the
attorney general within thirty days after the final certification
of the election. Failure to challenge within that time forever
bars further challenge of the authority’s valid formation.
[2006 c 200 § 5; 2004 c 129 § 7.]
52.26.070
52.26.080 Organization and composition of governing board. (1) The board shall adopt rules for the conduct of
business. The board shall adopt bylaws to govern authority
affairs, which may include:
(a) The time and place of regular meetings;
(b) Rules for calling special meetings;
(c) The method of keeping records of proceedings and
official acts;
(d) Procedures for the safekeeping and disbursement of
funds; and
(e) Any other provisions the board finds necessary to
include.
(2) The governing board shall be determined by the plan
and consist solely of elected officials. [2004 c 129 § 8.]
52.26.080
52.26.090 Powers of governing board. (1) The governing board of the authority is responsible for the execution
of the voter-approved plan. Participating jurisdictions shall
review the plan every ten years. The board may:
(a) Levy taxes and impose benefit charges as authorized
in the plan and approved by authority voters;
(b) Enter into agreements with federal, state, local, and
regional entities and departments as necessary to accomplish
authority purposes and protect the authority’s investments;
(c) Accept gifts, grants, or other contributions of funds
that will support the purposes and programs of the authority;
(d) Monitor and audit the progress and execution of fire
protection and emergency service projects to protect the
investment of the public and annually make public its findings;
(e) Pay for services and enter into leases and contracts,
including professional service contracts;
52.26.090
(2008 Ed.)
52.26.100
(f) Hire, manage, and terminate employees; and
(g) Exercise powers and perform duties as the board
determines necessary to carry out the purposes, functions,
and projects of the authority in accordance with Title 52
RCW if one of the fire protection jurisdictions is a fire district, unless provided otherwise in the regional fire protection
service authority plan, or in accordance with the statutes
identified in the plan if none of the fire protection jurisdictions is a fire district.
(2) An authority may enforce fire codes as provided
under chapter 19.27 RCW. [2006 c 200 § 6; 2004 c 129 § 9.]
52.26.100 Transfer of responsibilities and employees
to authority—Civil service system. (1) Except as otherwise
provided in the regional fire protection service authority plan,
all powers, duties, and functions of a participating fire protection jurisdiction pertaining to fire protection and emergency
services shall be transferred to the regional fire protection
service authority on its creation date.
(2)(a) Except as otherwise provided in the regional fire
protection service authority plan, and on the creation date of
the regional fire protection service authority, all reports, documents, surveys, books, records, files, papers, or written
material in the possession of the participating fire protection
jurisdiction pertaining to fire protection and emergency services powers, functions, and duties shall be delivered to the
regional fire protection service authority; all real property
and personal property including cabinets, furniture, office
equipment, motor vehicles, and other tangible property
employed by the participating fire protection jurisdiction in
carrying out the fire protection and emergency services powers, functions, and duties shall be transferred to the regional
fire protection service authority; and all funds, credits, or
other assets held by the participating fire protection jurisdiction in connection with the fire protection and emergency services powers, functions, and duties shall be transferred and
credited to the regional fire protection service authority.
(b) Except as otherwise provided in the regional fire protection service authority plan, any appropriations made to the
participating fire protection jurisdiction for carrying out the
fire protection and emergency services powers, functions,
and duties shall be transferred and credited to the regional fire
protection service authority.
(c) Except as otherwise provided in the regional fire protection service authority plan, whenever any question arises
as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property
used or held in the exercise of the powers and the performance of the duties and functions transferred, the governing
body of the participating fire protection jurisdiction shall
make a determination as to the proper allocation.
(3) Except as otherwise provided in the regional fire protection service authority plan, all rules and all pending business before the participating fire protection jurisdiction pertaining to the powers, functions, and duties transferred shall
be continued and acted upon by the regional fire protection
service authority, and all existing contracts and obligations
shall remain in full force and shall be performed by the
regional fire protection service authority.
(4) The transfer of the powers, duties, functions, and personnel of the participating fire protection jurisdiction shall
52.26.100
[Title 52 RCW—page 29]
52.26.110
Title 52 RCW: Fire Protection Districts
not affect the validity of any act performed before creation of
the regional fire protection service authority.
(5) If apportionments of budgeted funds are required
because of the transfers, the treasurer for the authority shall
certify the apportionments.
(6)(a) Subject to (c) of this subsection, all employees of
the participating fire protection jurisdictions are transferred
to the jurisdiction of the regional fire protection service
authority on its creation date. Upon transfer, unless an agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring
employees and the participating fire protection jurisdictions,
an employee is entitled to the employee rights, benefits, and
privileges to which he or she would have been entitled as an
employee of a participating fire protection jurisdiction,
including rights to:
(i) Compensation at least equal to the level at the time of
transfer;
(ii) Retirement, vacation, sick leave, and any other
accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if
one had been completed before the transfer date.
(b) If any or all of the participating fire protection jurisdictions provide for civil service in their fire departments, the
collective bargaining representatives of the transferring
employees and the participating fire protection jurisdictions
must negotiate regarding the establishment of a civil service
system within the authority. This subsection does not apply
if none of the participating fire protection districts provide for
civil service.
(c) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
modified as provided by law. [2006 c 200 § 7; 2004 c 129 §
10.]
52.26.110 Withdrawal, reannexation of territory. (1)
As provided in this section, a regional fire protection service
authority may withdraw areas from its boundaries or reannex
into the authority areas that previously had been withdrawn
from the authority under this section.
(2)(a) The withdrawal of an area is authorized upon: (i)
Adoption of a resolution by the board approving the withdrawal and finding that, in the opinion of the board, inclusion
of this area within the regional fire protection service authority will result in a reduction of the authority’s tax levy rate
under the provisions of RCW 84.52.010; or (ii) adoption of a
resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the governing body of the fire protection district within which the area is located approving the
withdrawal, if the area is located outside of a city or town, but
within a fire protection district.
(b) A withdrawal under this section is effective at the end
of the day on the thirty-first day of December in the year in
which the resolution under (a)(i) or (ii) of this subsection is
adopted, but for purposes of establishing boundaries for prop52.26.110
[Title 52 RCW—page 30]
erty tax purposes, the boundaries shall be established immediately upon the adoption of the resolution.
(c) The withdrawal of an area from the boundaries of an
authority does not exempt any property therein from taxation
for the purpose of paying the costs of redeeming any indebtedness of the authority existing at the time of withdrawal.
(3)(a) An area that has been withdrawn from the boundaries of a regional fire protection service authority under this
section may be reannexed into the authority upon: (i) Adoption of a resolution by the board proposing the reannexation;
and (ii) adoption of a resolution by the city or town council
approving the reannexation, if the area is located within the
city or town, or adoption of a resolution by the governing
body of the fire protection district within which the area is
located approving the reannexation, if the area is located outside of a city or town but within a fire protection district.
(b) A reannexation under this section shall be effective at
the end of the day on the thirty-first day of December in the
year in which the adoption of the resolution under (a)(ii) of
this subsection occurs, but for purposes of establishing
boundaries for property tax purposes, the boundaries shall be
established immediately upon the adoption of the resolution.
(c)(i) Referendum action on the proposed reannexation
under this section may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is
filed with the city or town council, or governing body of the
fire protection district, within a thirty-day period after the
adoption of the resolution under (a)(ii) of this subsection,
which petition has been signed by registered voters of the
area proposed to be reannexed equal in number to ten percent
of the total number of the registered voters residing in that
area.
(ii) If a valid petition signed by the requisite number of
registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to
authorize the reannexation shall be submitted to the voters of
the area at the next special election date specified in RCW
29A.04.330 that occurs forty-five or more days after the petitions have been validated. Approval of the ballot proposition
authorizing the reannexation by a simple majority vote shall
authorize the reannexation. [2004 c 129 § 11.]
52.26.120 Dissolution of fire protection district—
Election—Transfer of responsibilities. Any fire protection
district within the authority may be dissolved by a majority
vote of the registered electors of the district at an election
conducted by the election officials of the county or counties
in which the district is located in accordance with the general
election laws of the state. The proceedings for dissolution
may be initiated by the adoption of a resolution by the board.
The dissolution of the district shall not cancel outstanding
obligations of the district or of a local improvement district
within the district, and the county legislative authority or
authorities of the county or counties in which the district was
located may make annual levies against the lands within the
district until the obligations of the districts are paid. All powers, duties, and functions of a dissolved fire protection jurisdiction within the authority boundaries, pertaining to providing fire protection services may be transferred, by resolution,
to the regional fire protection service authority. [2004 c 129
§ 12.]
52.26.120
(2008 Ed.)
Regional Fire Protection Service Authorities
52.26.130 Debt—Interlocal contracts—General obligation bonds. (1) An authority may incur general indebtedness for authority purposes, issue bonds, notes, or other evidences of indebtedness not to exceed an amount, together
with any outstanding nonvoter approved general obligation
debt, equal to three-fourths of one percent of the value of the
taxable property within the authority. The maximum term of
the obligations may not exceed twenty years. The obligations
may pledge benefit charges and may pledge payments to an
authority from the state, the federal government, or any fire
protection jurisdiction under an interlocal contract. The
interlocal contracts pledging revenues and taxes are binding
for a term not to exceed twenty-five years, and taxes or other
revenue pledged by an interlocal contract may not be eliminated or modified if it would impair the pledge of the contract.
(2) An authority may also issue general obligation bonds
for capital purposes not to exceed an amount, together with
any outstanding general obligation debt, equal to one and
one-half percent of the value of the taxable property within
the authority. The authority may provide for the retirement
of the bonds by excess property tax levies. The voters of the
authority must approve a proposition authorizing the bonds
and levies by an affirmative vote of three-fifths of those voting on the proposition at an election. At the election, the total
number of persons voting must constitute not less than forty
percent of the voters in the authority who voted at the last preceding general state election. The maximum term of the
bonds may not exceed twenty-five years. Elections shall be
held as provided in RCW 39.36.050.
(3) Obligations of an authority shall be issued and sold in
accordance with chapters 39.46 and 39.50 RCW, as applicable. [2006 c 200 § 10; 2004 c 129 § 14.]
52.26.130
52.26.140 Levy of taxes—Levies authorized by special election—Indebtedness—Definition. (1) To carry out
the purposes for which a regional fire protection service
authority is created, as authorized in the plan and approved
by the voters, the governing board of an authority may annually levy the following taxes:
(a) An ad valorem tax on all taxable property located
within the authority not to exceed fifty cents per thousand
dollars of assessed value;
(b) An ad valorem tax on all property located within the
authority not to exceed fifty cents per thousand dollars of
assessed value and which will not cause the combined levies
to exceed the constitutional or statutory limitations. This
levy, or any portion of this levy, may also be made when dollar rates of other taxing units are released by agreement with
the other taxing units from their authorized levies; and
(c) An ad valorem tax on all taxable property located
within the authority not to exceed fifty cents per thousand
dollars of assessed value if the authority has at least one fulltime, paid employee, or contracts with another municipal corporation for the services of at least one full-time, paid
employee. This levy may be made only if it will not affect
dollar rates which other taxing districts may lawfully claim
nor cause the combined levies to exceed the constitutional or
statutory limitations or both.
(2) Levies in excess of the amounts provided in subsection (1) of this section or in excess of the aggregate dollar rate
52.26.140
(2008 Ed.)
52.26.170
limitations or both may be made for any authority purpose
when so authorized at a special election under RCW
84.52.052. Any such tax when levied must be certified to the
proper county officials for the collection of the tax as for
other general taxes. The taxes when collected shall be placed
in the appropriate authority fund or funds as provided by law,
and must be paid out on warrants of the auditor of the county
in which all, or the largest portion of, the authority is located,
upon authorization of the governing board of the authority.
(3) Authorities may provide for the retirement of general
indebtedness by excess property tax levies as set forth in
RCW 52.26.130.
(4) For purposes of this chapter, the term "value of the
taxable property" has the same meaning as in RCW
39.36.015. [2006 c 200 § 11; 2004 c 129 § 15.]
52.26.150
52.26.150 Levy of taxes—To be made by county or
counties where authority is located. At the time of making
general tax levies in each year, the county legislative authority or authorities of the county or counties in which a regional
fire protection service authority is located shall make the
required levies for authority purposes against the real and
personal property in the authority in accordance with the
equalized valuations of the property for general tax purposes
and as a part of the general taxes. The tax levies are part of
the general tax roll and must be collected as a part of the general taxes against the property in the authority. [2004 c 129 §
16.]
52.26.160
52.26.160 Taxation of lands lying within authority
and forest protection assessment area. In the event that
lands lie within both a regional fire protection service authority and a forest protection assessment area they shall be taxed
and assessed as follows:
(1) If the lands are wholly unimproved, they are subject
to forest protection assessments but not to authority levies;
(2) If the lands are wholly improved, they are subject to
authority levies but not to forest protection assessments; and
(3) If the lands are partly improved and partly unimproved, they are subject both to authority levies and to forest
protection assessments. However, upon request, accompanied by appropriate legal descriptions, the county assessor
shall segregate any unimproved portions which each consist
of twenty or more acres, and thereafter the unimproved portion or portions are subject only to forest protection assessments. [2004 c 129 § 17.]
52.26.170
52.26.170 Collection of taxes. It is the duty of the
county treasurer of the county in which the regional fire protection service authority created under this chapter is located
to collect taxes authorized and levied under this chapter.
However, when a regional fire protection service authority is
located in more than one county, the county treasurer of each
county in which the authority is located shall collect the
regional fire protection service authority’s taxes that are
imposed on property located within the county and transfer
these funds to the treasurer of the county in which the majority of the authority lies. [2004 c 129 § 18.]
[Title 52 RCW—page 31]
52.26.180
Title 52 RCW: Fire Protection Districts
52.26.180 Benefit charges. (1) The governing board of
a regional fire protection service authority may by resolution,
as authorized in the plan and approved by the voters, for
authority purposes authorized by law, fix and impose a benefit charge on personal property and improvements to real
property which are located within the authority on the date
specified and which have received or will receive the benefits
provided by the authority, to be paid by the owners of the
properties. A benefit charge does not apply to personal property and improvements to real property owned or used by any
recognized religious denomination or religious organization
as, or including, a sanctuary or for purposes related to the
bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational
purposes or for institutions of higher education and all
grounds and buildings related thereto. However, a benefit
charge does apply to personal property and improvements to
real property owned or used by any recognized religious
denomination or religious organization for business operations, profit-making enterprises, or activities not including
use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for institutions of higher education. The aggregate amount of these benefit charges in any
one year may not exceed an amount equal to sixty percent of
the operating budget for the year in which the benefit charge
is to be collected. It is the duty of the county legislative
authority or authorities of the county or counties in which the
regional fire protection service authority is located to make
any necessary adjustments to assure compliance with this
limitation and to immediately notify the governing board of
an authority of any changes thereof.
(2) A benefit charge imposed must be reasonably proportioned to the measurable benefits to property resulting from
the services afforded by the authority. It is acceptable to
apportion the benefit charge to the values of the properties as
found by the county assessor or assessors modified generally
in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services. Any
other method that reasonably apportions the benefit charges
to the actual benefits resulting from the degree of protection,
which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire
prevention services provided to the properties, or the need of
the properties for specialized services, may be specified in
the resolution and is subject to contest on the grounds of
unreasonable or capricious action or action in excess of the
measurable benefits to the property resulting from services
afforded by the authority. The governing board of an authority may determine that certain properties or types or classes
of properties are not receiving measurable benefits based on
criteria they establish by resolution. A benefit charge authorized by this chapter is not applicable to the personal property
or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and whose fire protection and training
system has been accepted by a fire insurance underwriter
maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do
business in this state, but the property may be protected by
the authority under a contractual agreement.
52.26.180
[Title 52 RCW—page 32]
(3) For administrative purposes, the benefit charge
imposed on any individual property may be compiled into a
single charge, provided that the authority, upon request of the
property owner, provide an itemized list of charges for each
measurable benefit included in the charge.
(4) For the purposes of this section and RCW 52.26.190
through 52.26.270, the following definitions apply:
(a)(i) "Personal property" includes every form of tangible personal property including, but not limited to, all goods,
chattels, stock in trade, estates, or crops.
(ii) "Personal property" does not include any personal
property used for farming, field crops, farm equipment, or
livestock.
(b) "Improvements to real property" does not include
permanent growing crops, field improvements installed for
the purpose of aiding the growth of permanent crops, or other
field improvements normally not subject to damage by fire.
[2004 c 129 § 24.]
52.26.190 Benefit charges—Exemptions. All personal
property not assessed and subjected to ad valorem taxation
under Title 84 RCW, all property under contract or for which
the regional fire protection service authority is receiving payment for as authorized by law, all property subject to chapter
54.28 RCW, and all property that is subject to a contract for
services with an authority, is exempt from the benefit charge
imposed under this chapter. [2004 c 129 § 25.]
52.26.190
52.26.200 Benefit charges—Resolution—County
assessor’s duties. (1) The resolution establishing benefit
charges as specified in RCW 52.26.180 must specify, by
legal geographical areas or other specific designations, the
charge to apply to each property by location, type, or other
designation, or other information that is necessary to the
proper computation of the benefit charge to be charged to
each property owner subject to the resolution.
(2) The county assessor of each county in which the
regional fire protection service authority is located shall
determine and identify the personal properties and improvements to real property that are subject to a benefit charge in
each authority and shall furnish and deliver to the county
treasurer of that county a listing of the properties with information describing the location, legal description, and address
of the person to whom the statement of benefit charges is to
be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to
apply to each. These benefit charges must be certified to the
county treasurer for collection in the same manner that is
used for the collection of fire protection charges for forest
lands protected by the department of natural resources under
RCW 76.04.610 and the same penalties and provisions for
collection apply. [2004 c 129 § 26.]
52.26.200
52.26.210 Benefit charges—Administration and collection by county treasurer. Each regional fire protection
service authority shall contract, prior to the imposition of a
benefit charge, for the administration and collection of the
benefit charge by each county treasurer, who shall deduct a
percentage, as provided by contract to reimburse the county
for expenses incurred by the county assessor and county trea52.26.210
(2008 Ed.)
Regional Fire Protection Service Authorities
surer in the administration of the resolution and this chapter.
The county treasurer shall make distributions each year, as
the charges are collected, in the amount of the benefit charges
imposed on behalf of each authority, less the deduction provided for in the contract. [2004 c 129 § 27.]
52.26.220 Benefit charges—Submission to voters—
Renewal. (1) Notwithstanding any other provision in this
chapter to the contrary, any benefit charge authorized by this
chapter is not effective unless a proposition to impose the
benefit charge is approved by a sixty percent majority of the
voters of the regional fire protection service authority voting
at a general election or at a special election called by the
authority for that purpose, held within the authority. A ballot
measure that contains an authorization to impose benefit
charges and that is approved by the voters pursuant to RCW
52.26.060 meets the proposition approval requirement of this
section. An election held under this section must be held not
more than twelve months prior to the date on which the first
charge is to be assessed. A benefit charge approved at an
election expires in six years or fewer as authorized by the voters, unless subsequently reapproved by the voters.
(2) The ballot must be submitted so as to enable the voters favoring the authorization of a regional fire protection service authority benefit charge to vote "Yes" and those opposed
to vote "No." The ballot question is as follows:
52.26.220
"Shall . . . . . . the regional fire protection service
authority composed of (insert the participating fire
protection jurisdictions) . . . . . be authorized to
impose benefit charges each year for . . . . (insert
number of years not to exceed six) years, not to
exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an
additional property tax under RCW
52.26.140(1)(c)?
YES NO
⯸ ⯸"
(3) Authorities renewing the benefit charge may elect to
use the following alternative ballot:
"Shall . . . . . the regional fire protection service
authority composed of (insert the participating fire
protection jurisdictions) . . . . . . be authorized to
continue voter-authorized benefit charges each year
for . . . . (insert number of years not to exceed six)
years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from
imposing an additional property tax under RCW
52.26.140(1)(c)?
YES NO
⯸ ⯸"
[2006 c 200 § 12; 2004 c 129 § 28.]
52.26.230 Benefit charges—Establishment—Public
hearings—Notice to property owners. (1) Not fewer than
ten days nor more than six months before the election at
which the proposition to impose the benefit charge is submitted as provided in this chapter, the governing board of the
52.26.230
(2008 Ed.)
52.26.270
regional fire protection service authority shall hold a public
hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities
that will maintain or improve the services afforded in the
authority. A report of the public hearing shall be filed with
the county treasurer of each county in which the property is
located and be available for public inspection.
(2) Prior to November 15th of each year the governing
board of the authority shall hold a public hearing to review
and establish the regional fire protection service authority
benefit charges for the subsequent year.
(3) All resolutions imposing or changing the benefit
charges must be filed with the county treasurer or treasurers
of each county in which the property is located, together with
the record of each public hearing, before November 30th
immediately preceding the year in which the benefit charges
are to be collected on behalf of the authority.
(4) After the benefit charges have been established, the
owners of the property subject to the charge must be notified
of the amount of the charge. [2004 c 129 § 29.]
52.26.240 Benefit charges—Limitation on imposition
of property tax. A regional fire protection service authority
that imposes a benefit charge under this chapter shall not
impose all or part of the property tax authorized under RCW
52.26.140(1)(c). [2004 c 129 § 30.]
52.26.240
52.26.250 Benefit charges—Complaints—Review
board. After notice has been given to the property owners of
the amount of the charge, the governing board of a regional
fire protection service authority imposing a benefit charge
under this chapter shall form a review board for at least a twoweek period and shall, upon complaint in writing of an
aggrieved party owning property in the authority, reduce the
charge of a person who, in their opinion, has been charged
too large a sum, to a sum or amount as they believe to be the
true, fair, and just amount. [2004 c 129 § 31.]
52.26.250
52.26.260 Benefit charges—Model resolution—
Assistance by Washington fire commissioners association. The Washington fire commissioners association, as
soon as practicable, shall draft a model resolution to impose
the regional fire protection service authority benefit charge
authorized by this chapter and may provide assistance to
authorities in the establishment of a program to develop benefit charges. [2004 c 129 § 32.]
52.26.260
52.26.270 Benefit charges—Additional exemption. A
person who is receiving the exemption contained in RCW
84.36.381 through 84.36.389 is exempt from any legal obligation to pay a portion of the benefit charge imposed under
this chapter as follows:
(1) A person who meets the income limitation contained
in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) is exempt
from twenty-five percent of the charge;
(2) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(i) is exempt from fifty percent of
the charge; and
52.26.270
[Title 52 RCW—page 33]
52.26.280
Title 52 RCW: Fire Protection Districts
(3) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(ii) shall be exempt from seventyfive percent of the charge. [2004 c 129 § 33.]
52.26.280 Civil service—When authorized or
required. (1) Subject to subsection (2) of this section, a
regional fire protection service authority may, by resolution
of its board, provide for civil service for its employees in the
same manner, with the same powers, and with the same force
and effect as provided by chapter 41.08 RCW for cities,
towns, and municipalities, including restrictions against the
discharge of an employee because of residence outside the
limits of the regional fire protection service authority.
(2) If an agreement is reached to provide for civil service
under RCW 52.26.100(6), the regional fire protection service
authority shall establish such a system as is required by the
agreement. [2006 c 200 § 8.]
52.26.280
52.26.290 Annexation of territory. Territory that is
annexed to a participating jurisdiction is annexed to the
authority as of the effective date of the annexation. The statutes regarding transfer of assets and employees do not apply
to the participating jurisdictions in the annexation. [2006 c
200 § 9.]
52.26.290
52.26.900 Captions not law—2004 c 129. Captions
used in this act are not any part of the law. [2004 c 129 § 35.]
52.26.900
52.26.901 Severability—2004 c 129. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 129 § 37.]
52.26.901
Chapter 52.30
VIDED FURTHER, That nothing in this section shall apply
to state agencies or institutions or municipal corporations
which are receiving fire protection services by contract from
another municipality, city, town, or other entities: AND
PROVIDED FURTHER, That school districts shall receive
fire protection services from the fire protection districts in
which they are located without the necessity of executing a
contract for such fire protection services: PROVIDED FURTHER, That prior to September 1, 1974, the superintendent
of public instruction, the chief of the Washington state patrol
through the director of fire protection, the director of financial management, and the executive director of the Washington fire commissioners association, or their designees, shall
develop criteria to be used by the chief of the Washington
state patrol through the director of fire protection in establishing uniform rates governing payments to fire districts by
school districts for fire protection services. On or before September 1, 1974, the chief of the Washington state patrol
through the director of fire protection shall establish such
rates to be payable by school districts on or before January
1st of each year commencing January 1, 1975, payable July
1, 1975: AND PROVIDED FURTHER, That beginning with
the 1975-77 biennium and in each biennium thereafter the
superintendent of public instruction shall present in the budget submittal to the governor an amount sufficient to reimburse affected school districts for the moneys necessary to
pay the costs of the uniform rates established by the chief of
the Washington state patrol through the director of fire protection. [2006 c 25 § 12; 1979 c 151 § 164; 1974 ex.s. c 88 §
1; 1973 1st ex.s. c 64 § 1; 1941 c 139 § 1; Rem. Supp. 1941 §
5654-143a. Formerly RCW 52.36.020.]
Effective date—1974 ex.s. c 88: "This 1974 amendatory act shall take
effect on July 1, 1974." [1974 ex.s. c 88 § 2.]
Effective date—1973 1st ex.s. c 64: "This 1973 amendatory act shall
take effect on July 1, 1974." [1973 1st ex.s. c 64 § 2.]
Chapter 52.30 RCW
MISCELLANEOUS PROVISIONS
Fire, medical, or other emergency services provided to county by political
subdivision—Financial assistance authorized: RCW 36.32.470.
Property of public agency included within district—Contracts
for services.
Civil service for employees.
Residency not grounds for discharge of civil service employees.
Change of district name—Resolution.
District volunteer members—Holding public office—Definitions.
52.30.040 Civil service for employees. A fire protection district with a fully-paid fire department may, by resolution of its board of fire commissioners, provide for civil service in its fire department in the same manner, with the same
powers, and with the same force and effect as provided by
chapter 41.08 RCW for cities, towns, and municipalities,
including restrictions against the discharge of an employee
because of residence outside the limits of the fire protection
district. [1984 c 230 § 79; 1971 ex.s. c 256 § 2; 1949 c 72 §
1; Rem. Sup p. 1 949 § 56 54- 12 0a. For mer ly RCW
52.36.060.]
Fire protection services for state-owned facilities: RCW 35.21.775.
Sections
52.30.020
52.30.040
52.30.050
52.30.060
52.30.070
52.30.020 Property of public agency included within
district—Contracts for services. Wherever a fire protection district has been organized which includes within its area
or is adjacent to, buildings and equipment, except those
leased to a nontax exempt person or organization, owned by
the legislative or administrative authority of a state agency or
institution or a municipal corporation, the agency or institution or municipal corporation involved shall contract with
such district for fire protection services necessary for the protection and safety of personnel and property pursuant to the
provisions of chapter 39.34 RCW: PROVIDED, That nothing in this section shall be construed to require that any state
agency, institution, or municipal corporation contract for services which are performed by the staff and equipment of such
state agency, institution, or municipal corporation: PRO52.30.020
[Title 52 RCW—page 34]
52.30.040
52.30.050 Residency not grounds for discharge of
civil service employees. Residence of an employee outside
the limits of a fire protection district is not grounds for discharge of any regularly-appointed civil service employee otherwise qualified. [1984 c 230 § 80; 1971 ex.s. c 256 § 1. Formerly RCW 52.36.065.]
52.30.050
52.30.060 Change of district name—Resolution. The
name of a fire protection district shall be changed, as proposed by resolution of the board of fire commissioners of the
52.30.060
(2008 Ed.)
Fire Departments—Performance Measures
district, upon the adoption of a resolution approving the
change by the county legislative authority of the county in
which all, or the largest portion, of a fire protection district is
located. [1989 c 63 § 34.]
52.30.070 District volunteer members—Holding
public office—Definitions. (1) Except as otherwise prohibited by law, a volunteer member of any fire protection district
who does not serve as fire chief for the district may be:
(a) A candidate for elective public office and serve in
that public office if elected; or
(b) Appointed to any public office and serve in that public office if appointed.
(2) For purposes of this section, "volunteer" means a
member of any fire protection district who performs voluntarily any assigned or authorized duties on behalf of or at the
direction of the fire protection district without receiving compensation or consideration for performing such duties.
(3) For purposes of this section, "compensation" and
"consideration" do not include any benefits the volunteer
may have accrued or is accruing under chapter 41.24 RCW.
[2006 c 211 § 2.]
52.30.070
Chapter 52.33
Chapter 52.33 RCW
FIRE DEPARTMENTS—
PERFORMANCE MEASURES
Sections
52.33.010
52.33.020
52.33.030
52.33.040
52.33.900
Intent.
Definitions.
Policy statement—Service delivery objectives.
Annual evaluations—Annual report.
Part headings not law—2005 c 376.
52.33.010 Intent. The legislature intends for fire protection districts and regional fire [protection] service authorities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify
performance measures applicable to response time objectives
for certain major services. The legislature acknowledges the
efforts of the international city/county management association, the international association of fire chiefs, and the
national fire protection association for the organization and
deployment of resources for fire departments. The arrival of
first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate
fire suppression resources before flash-over is a critical event
during the mitigation of an emergency, and is in the public’s
best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the
organization and deployment of fire suppression operations,
emergency medical operations, and special operations by
substantially career fire departments. This chapter does not,
and is not intended to, in any way modify or limit the authority of fire protection districts and regional fire protection service authorities to set levels of service. [2005 c 376 § 301.]
52.33.010
52.33.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
52.33.020
(2008 Ed.)
52.33.030
(1) "Advanced life support" means functional provision
of advanced airway management, including intubation,
advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug
therapy.
(2) "Aircraft rescue and fire fighting" means the fire
fighting actions taken to rescue persons and to control or
extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins
four to six minutes after cardiac arrest.
(4) "Fire department" means a fire protection district or a
regional fire protection service authority responsible for fire
fighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a
substantially volunteer fire department.
(5) "Fire suppression" means the activities involved in
controlling and extinguishing fires.
(6) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator
capability.
(7) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room
burst into flame and the fire spreads rapidly.
(8) "Marine rescue and fire fighting" means the fire
fighting actions taken to prevent, control, or extinguish fire
involved in or adjacent to a marine vessel and the rescue
actions for occupants using normal and emergency routes for
egress.
(9) "Response time" means the time immediately following the turnout time that begins when units are en route to the
emergency incident and ends when units arrive at the scene.
(10) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(11) "Turnout time" means the time beginning when
units receive notification of the emergency to the beginning
point of response time. [2005 c 376 § 302.]
52.33.030 Policy statement—Service delivery objectives. (1) Every fire protection district and regional fire protection service authority shall maintain a written statement or
policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees;
and
(e) Functions that fire department employees are
expected to perform.
(2) Every fire protection district and regional fire protection service authority shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service
components, if appropriate:
52.33.030
[Title 52 RCW—page 35]
52.33.040
Title 52 RCW: Fire Protection Districts
(a) Fire suppression;
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and fire fighting;
(e) Marine rescue and fire fighting; and
(f) Wild land fire fighting.
(3) Every fire protection district and regional fire protection service authority, in order to measure the ability to arrive
and begin mitigation operations before the critical events of
brain death or flash-over, shall establish time objectives for
the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving
engine company at a fire suppression incident and response
time for the deployment of a full first alarm assignment at a
fire suppression incident;
(c) Response time for the arrival of a unit with first
responder or higher level capability at an emergency medical
incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every fire protection district and regional fire protection service authority shall also establish a performance
objective of not less than ninety percent for the achievement
of each response time objective established under subsection
(3) of this section. [2005 c 376 § 303.]
52.33.040 Annual evaluations—Annual report. (1)
Every fire protection district and regional fire protection service authority shall evaluate its level of service and deployment delivery and response time objectives on an annual
basis. The evaluations shall be based on data relating to level
of service, deployment, and the achievement of each
response time objective in each geographic area within the
jurisdiction of the fire protection district and regional fire
protection service authority.
(2) Beginning in 2007, every fire protection district and
regional fire protection service authority shall issue an annual
written report which shall be based on the annual evaluations
required by subsection (1) of this section.
(a) The annual report shall define the geographic areas
and circumstances in which the requirements of this standard
are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are
necessary to achieve compliance. [2005 c 376 § 304.]
52.33.040
52.33.900 Part headings not law—2005 c 376.
RCW 35.103.900.
52.33.900
[Title 52 RCW—page 36]
See
(2008 Ed.)
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